Terms and Conditions Propertytraders.com

GENERAL TERMS AND CONDITIONS - Beleggingspanden.nl B.V.

1. These general terms and conditions apply to every offer, agreement, and the performance or provision of services by Beleggingspanden.nl B.V., hereinafter referred to as: “PropertyTraders.com.”
2. All offers are non-binding, unless explicitly stated otherwise in the offer. Deviating agreements are only valid if confirmed in writing. The applicability of any general and/or specific terms or conditions of the Client is expressly rejected by PropertyTraders.com.
3. PropertyTraders.com reserves the right to unilaterally amend these general terms and conditions and/or impose additional terms or requirements. The amended general terms and conditions will be published on the PropertyTraders.com website. It is the Client’s responsibility to regularly review these terms. Any amendments will take effect ten (10) days after publication on the website. If the Agreement is renewed or a new legal relationship is entered into with PropertyTraders.com after publication, the Client shall be deemed to have accepted and be bound by the amended terms.
4. If any provision of these general terms and conditions is deemed wholly or partially unenforceable or void, the Parties shall be considered to have agreed upon a provision that most closely reflects the intent and effect of the unenforceable or voided clause(s).
5. PropertyTraders.com aims to connect property providers and interested parties via its media platforms (primarily its website). PropertyTraders.com is not a real estate provider itself. While information about properties is compiled with care, it is sourced directly from the property provider. PropertyTraders.com publishes this information on its website in the form of listings (hereinafter referred to as: “Listing(s)”), which may include images, text, audio, and/or video content, as well as banners, buttons, and/or links displayed via the agreed media.
6. The Client shall provide the necessary information and visual material for Listings in accordance with the (technical) requirements set by PropertyTraders.com. PropertyTraders.com reserves the right to modify these requirements at any time.
7. PropertyTraders.com is not obligated to verify the accuracy or completeness of materials, data, or information submitted by the Client or third parties.
8. The Client warrants that all information provided by or on behalf of them is accurate and complete, and that such information and the use of the services do not violate Dutch laws and regulations, infringe third-party (intellectual property) rights, or otherwise constitute unlawful conduct.
9. The Client indemnifies PropertyTraders.com against all third-party claims (including those of the property owner if the Client is an agent) in the event the information provided by the Client is inaccurate or infringes on third-party rights, including intellectual property rights. The Client shall fully reimburse PropertyTraders.com for any resulting damages on a euro-for-euro basis.
10. By placing an order with PropertyTraders.com, the Client grants PropertyTraders.com the right to use any (visual) materials and information submitted (such as property photos and videos) for purposes other than just listing advertisements on the website.
11. The Client guarantees that they are authorized to (i) engage PropertyTraders.com to publish Listings on its website, and (ii) (mediate) the sale of the property for which the advertisement is placed. The Client indemnifies PropertyTraders.com from all damages arising from any lack of such authority.
12. Additional services to be provided by PropertyTraders.com (if agreed upon) may include making search results visible, providing leads and/or contact details of interested parties.
13. PropertyTraders.com shall make reasonable efforts to provide its services in accordance with the agreed specifications and timelines. Any stated delivery terms are indicative and not binding.
14. PropertyTraders.com does not guarantee that its services will be error-free, achieve a specific result, meet the specific requirements of the Client, or be fit for the Client’s intended purpose. PropertyTraders.com does not guarantee uninterrupted service, or that the services are free of viruses, errors, or defects, nor that such defects can or will be remedied. In the event of faults caused by PropertyTraders.com, it will make reasonable efforts to correct them, provided that the necessary information and data are available.
15. PropertyTraders.com will strive to ensure optimal availability of its media platforms. PropertyTraders.com may, without prior notice to the Client, modify or improve the website, temporarily disable access, or limit availability for maintenance or updates, without any liability for damages. PropertyTraders.com is not liable for any damage resulting from such actions or from the (temporary) unavailability of its platforms and/or website.
16. PropertyTraders.com is entitled to suspend its services and/or limit usage if the Client fails to meet its obligations or violates these general terms and conditions. The Client is not entitled to claim damages in such cases, and the agreed fees remain due in full.
17. PropertyTraders.com is entitled to engage third parties for the performance of its services. If PropertyTraders.com does not receive a substantive written response from the Client within five (5) business days following the dispatch of a draft listing for review, the submitted (sample) listing shall be deemed approved by the Client.
18. Corrections to factual inaccuracies in the listing (for example, if the listing specifications do not correspond to those stated in the agreement) will be made by PropertyTraders.com free of charge. PropertyTraders.com reserves the right to charge a fee for processing any other changes.
19. PropertyTraders.com is entitled to refuse, remove, or modify a listing (in whole or in part) without prior notice, if deemed necessary at its sole discretion and/or if required by law, judicial ruling, competent authorities, a party in connection with potential disputes concerning the property, judicial investigations, etc. In such cases, PropertyTraders.com shall not be liable for any damages incurred by the Client and the Client shall not be entitled to any refund or credit of fees paid.
20. Unless otherwise agreed in writing, PropertyTraders.com is entitled to place any banners, buttons, or other promotional materials on its website, including advertisements from third parties (including competitors of the Client), and to distribute listings through media affiliated with or partnered with PropertyTraders.com. The Client shall not derive any rights from such placements.
21. The Client shall comply with PropertyTraders.com’s usage guidelines for its services, which have been properly communicated via the website or otherwise. The Client is not permitted to use the services in a way that manipulates or falsely generates the number of clicks on a listing.
22. The Client is not permitted to assign or otherwise transfer its rights or obligations under the Agreement, in whole or in part, to any third party without the prior written consent of PropertyTraders.com.
23. If an agreement between the Client and PropertyTraders.com is concluded for a fixed term, it shall commence on the start date as specified in the agreement. The agreement shall specify whether it will be automatically renewed. If so, it shall be tacitly renewed for the same duration as the original period, unless either Party terminates it in accordance with the applicable terms and notice periods.
24. If the Client terminates an agreement (prematurely), the full fee for the originally agreed term shall remain payable. The Client shall not be entitled to any refund of fees already paid.
25. Either Party may terminate the agreement immediately by registered letter, without notice of default or court intervention, in the event that the other Party applies for or is granted suspension of payments, is declared bankrupt, undergoes liquidation or dissolution (other than a merger), or if there is a change in the controlling interest in the Client's business. In such cases, all agreed fees (including for services yet to be rendered) shall become immediately due and payable. PropertyTraders.com shall not be obliged to refund any fees received or compensate any damages arising from termination on these grounds.
26. All rates communicated by PropertyTraders.com are exclusive of VAT and any other government-imposed levies, unless expressly stated otherwise.
27. Payment of PropertyTraders.com's invoices must be made within 14 days of the invoice date, without suspension or set-off. All (extra)judicial costs related to the collection of outstanding invoices, with a minimum of 15% of the amount to be collected, shall be borne by the Client. Legal costs are not limited to court-approved costs and shall be fully borne by the Client if the Client is predominantly unsuccessful.
28. If the performance of services by PropertyTraders.com results in liability, such liability shall be limited to the amount paid out under the applicable liability insurance of PropertyTraders.com, plus any applicable deductible. If no insurance payment is made for any reason, liability shall be limited to three times the fee charged by PropertyTraders.com in the relevant matter during the relevant year, up to a maximum of €15,000.
29. Unless expressly agreed otherwise in writing, all (intellectual) property rights relating to products, designs, materials, and results developed or provided by PropertyTraders.com in the course of its services shall remain with PropertyTraders.com. If PropertyTraders.com creates a listing on behalf of the Client, the Client shall receive the exclusive right to use that listing on the website.
30. In addition to the definition of force majeure under Article 6:75 of the Dutch Civil Code, force majeure on the part of PropertyTraders.com includes (but is not limited to): failures or delays by (sub)suppliers, strikes, outages in internet or telephone connections, full occupancy of PropertyTraders.com, or power failures. If the force majeure situation lasts longer than one month, either Party may terminate the agreement by registered letter without judicial intervention.
31. In connection with potential investments, PropertyTraders.com may facilitate a confidentiality agreement between the Client and a prospective buyer, after which the Client may share confidential information (about an investment property) via a data room on the PropertyTraders.com website. The Client shall provide such confidential information and indemnify PropertyTraders.com against all claims related to the disclosure of this information, including but not limited to information leaks. The Client bears full responsibility for the disclosure of confidential information to prospective buyers. PropertyTraders.com is not involved in setting up the data room and does not guarantee the accuracy of the information shared via its platform. Prospective buyers shall not hold PropertyTraders.com liable in the event of inaccuracies.
32. All agreements between PropertyTraders.com and the Client, as well as these general terms and conditions, are governed by Dutch law. Any disputes arising therefrom or otherwise between the Parties shall be submitted to the competent court in Amsterdam.