Business conditions Immopro24

The users of this website must be over 18 years of age and they need to accept the following legal conditions:

1. General

Tekton Consulting S.L. (Barcelona) hosts this website. The services offered on this site refer to the national and international real-estate industry in every sense of the word. The target is the creation of a market place for national and international vendors and purchasers of real estate and their related services. This site is limited exclusively to the so-called Business to Business advertisements. Business to Consumer advertisements are not published. The host of Immopro24 has the right to change the scope of the service content at any time. Tekton Consulting is responsible for general organisation of the Internet platforms. The fundamental characteristics of this Internet site are quality and integrity. Under this criterium, the following conditions were implemented.

2. Password

The password of the user is confidential and must not be passed on to a third party. The owner of the password is liable for all actions, data and information which are published. The operator does not know the password of the member at any time, because the password is codified and saved in an automatic file / database, and it cannot be decoded by anybody.

3. Publication

The publication of all real-estate information, data, product and service offers, studies, estimates, opinions, news etc. on Immopro24 takes place on the basis of information provided by the property vendor and/or advertising customer and/or partner. Immopro24 reserves the right to shorten and/or translate the information being published. The issuer is informed about the action effected by Immopro24 and has 36 hours after receipt of the information to inform about desired alterations. After this time limit, the alteration or translation effected by Immopro24 is considered as accepted by the issuer and the issuer is considered entirely responsible for the information published by Immopro24.

4. Duration

Basically the term agreed at registration is valid in connection with the chosen discount, and extends automatically. If no automatic extension of the publication is required by the client, then the client must de-activate this option him/herself on his personal page under the section Administration. The notice period is a period of at least 5 working days. As a result of the discounts already received at the time of booking of longer time periods, it is in no way possible to cancel or receive a refund of the membership fee before expiration of the time period originally agreed and/or automatically extended. The earliest expiration of the membership arises from the agreed term of each membership. Written special offers are an exception and correspond to the conditions of the offer.

5. Conditions for various user-groups

The following conditions are valid in particular, but not exclusively for the user-groups specified under I, II and III.

I. Real estate supplier

a. Terminology

The term real estate supplier refers to all persons or corporations who/which use the website of Immopro24 to advertise a property.

b. Guarantee of authenticity

The advertiser is commited to ensure that all information he/she wishes to publish about his real estate offer, him/herself and/or his/her company will be updated, truthful and will include essential characteristics in a professional and organised manner. Here, in addition, any possible commission claim must be indicated in detail.

c. Marketing rights and relevance

Furthermore, the property supplier is committed to publish only these offers which are available and for which he has valid marketing rights at the time of publication. Properties which have been sold or rented out must be deactivated or deleted within a period of 48 hours after transaction. To ensure that the offers are up-to-date, Tekton Consulting will regularly send the property supplier the so-called update-emails. The real estate supplier declares expressly his/her agreement with regard to receiving these emails and ensures with his wish to continue the publication of the respective offer that the procedures regarding continuation of publication are carried out. The real estate supplier agrees expressly with the de-activation of his respective real estate offer, provided he does not activate the link in the received email.

d. Publication rights, Conveyance of rights, Fraud

The publication of data or documents which refer to copyrights, name, or trademark laws and whose content may abuse the legal rights or may offend the customs of third
parties, is forbidden.

The operator of Immopro24 reserves the right to decline publication particularly but not solely if:

-its content violates laws or official regulations
-its content is irrelevant for real estate sector
-the publication is unacceptable for the operator of Immopro24 due to the content, composition, source or technical form

The supplier will be promptly informed about the decline of publication or advertising material.

The property supplier ensures that he/she has the required publication rights. The property marketer is responsible for the content and legitimacy of the text- and image data being used. He/she indemnifies, defends and holds harmless the operator of Immopro24 from all third party claims which may emerge from the violation of legal regulations. Furthermore the operator of Immopro24 will be indemnified from the legal action for compensation for any damage sustained by third parties. The client is obligated in good faith to support the operator of Immopro24 with information and documents with regard to third party plea.
The property supplier grants the right to the operator of this website with regard to publication of his/her data for the purpose of establishing contact with potential clients.
The supplier agrees that his/her personal data can be publicly available. The supplier gives his/her explicit agreement with regard to publication particularly being aware that via this technical application the data may be accessed and misused by third parties for their own purposes. In the case of data misuse, the supplier discharges the operator of this website of any civil liability for possible compensation claims.

Within the scope of publication on Immopro24, the property supplier is not allowed to act as follows:

-explicitly state telephone and/or fax number, which are available for a fee, as contact information.

The actions mentioned above will be treated as violation and they will lead to the de-activation of the respective publication without refund ( full or partial amount) of the payments already settled .The operator of Immopro24 reserves legal claims against the property supplier.

e. Confidentiality

The information which is made available to the property advertiser is confidential and must not be passed on to unauthorised third parties.

f. Data Protection

Confidential data are stored in our automatic file/database as soon as the user logs in to the Immopro24 website. The real estate supplier agrees that his confidential data are being stored by the site's operator. The data are used for the purpose of technical administration of the websites and for the customer management. Any forwarding of data to a third party outside Immopro24 platform, or any commercial usage will not occur. On the personal page the real estate supplier has the possibility to independently change or update the data made available by Immopro24 at any time. The statement described under point d. of this section will remain unchanged. Personal Data Protection: The services provided by Tekton Consulting S.L. correspond entirely to the Spanish Data Proctection Act Nº. 15/99.

g. Payment/Retention of Services

The publication of property offers is subject to the price list which is valid at the time of placement of the order. In the case of an extension of the contract, the price list valid at that time will be used.The initial payment into one of the named accounts of the operator of Immopro24 must be prior to the access being given to the member's data. Further payments will be realized according to the payment agreement between the operator of Immopro24 and the respective user. In the case of payment by invoice, these payments are due immediately upon receipt of the invoice and should be transferred, provided that no other payment date or pre-payment has been agreed. The invoice amount is to be transferred, excluding transfer costs or expenses, to one of the named accounts of the Immopro24 provider. In the case of a delayed or deferred payment, the legal interest amount - Basis: European Central Bank, is calculated. In the cases of delayed payment, the Immopro24 provider reserves the right to immediately block the defaulting user's access until the end of the delay. Costs incurred to the Immopro24 provider will be passed on to the user.
The amounts resulting from the outstanding payments incurred to the Immopro24 provider will be debited further. In case of blocking access additional fees amounting to 25 Euros, plus effective VAT, are to be paid.

Stages of reminder:

(0) Amount has not been reminded yet. We request you to transfer the outstanding amount promptly.
(1) Amount has already been reminded. You are delayed with your payment. We request you to pay immediately! ( you reach the first reminder stage approximately 7 days after debit entry date). The amount to be paid within the first stage is 40 Euros plus VAT and this will be calculated together with the outstanding bills.
(2) Your accounts have been blocked. It will be promptly handed over to our solicitors. Please pay the bills immediately within max. 3 days. ( you reach the second reminder stage approximately 7 days after entry into the first stage). The amount to be paid within the second stage is 80 Euros plus VAT as well as additional fee for the blocking of your account amounting to 25 Euros plus VAT. These costs will be calculated together with the outstanding bills.
(3) Collection procedure has already been initiated ( solicitor, credit control report) and this will be directly invoiced by our solicitors and if necessary, we terminate your contract without notice.

II. Advertising customers

Terminology

The term advertising customer covers all persons and/or enterprises using the web page of Immopro24 to advertise a product or service

b. Publication rights, Conveyance of rights, Fraud

The publication of data or documents whose content may abuse the rights of third parties, for example copyrights, name, or trademark rights or whose content may offend the legal rights or the customs of third parties, is forbidden.

c. Supply

It is incumbent on the client to deliver computerised documents in time, particularly the format or the technical specifications for advertisements required by Immopro24's provider. Costs for changes requested by or on behalf of the client, must be covered by the client. If the client has been cautioned or has already submitted a declaration of desistence related to certain advertisements, then the client is obligated to inform the provider of Immopro24 immediately in a written form. If the client fails to comply with this duty, then the Immopro24 provider can refuse any damages arising from joint liability with the client for any repeated publication of the advertisements.

d. Payment/Retention of Services

The publication of business advertisements, in addition to any informative publications on the Immopro24 website is subject, with exception of a written agreement or special offer at the time of the contract arrangement, to the valid price list at the time of order submission. In the case of an extension of contract, with the exception of another written agreement, the current price list for that time is valid. For claims of payment demands through the partner, the payment must be deposited into one of the named accounts belonging to the Immopro24 provider before publication. Subsequent payments are realized according to the payment agreement between the Immopro24 provider and the respective partner. In the case of a payment via invoice, these payments are immediately payable on receipt of the invoice and should be transferred, provided another payment deadline or pre-payment has not previously been arranged. The invoice amount is to be transferred excluding transfer costs or expenses to one of the named accounts of the Immopro24 provider. In the case of a delayed or deferred payment, the legal interest amount - Basis: European Central Bank, is calculated. In the cases of delayed payment, the Immopro24 provider reserves the right to immediately block the defaulting user's access until the end of the delay. Costs incurred to the Immopro24 provider will be passed on to the user.
The amounts resulting from the outstanding payments incurred to the Immopro24 provider will be debited. In case of blocking access additional fees amounting to 25 Euros, plus effective VAT, are to be paid.

Stages of reminder:

(0) Amount has not been reminded yet. We request you to transfer the outstanding amount promptly.
(1) Amount has already been reminded. You are delayed with your payment. We request you to pay immediately! ( you reach the first reminder stage approximately 7 days after debit entry date). The amount to be paid within the first stage is 40 Euros plus VAT and this will be calculated together with the outstanding bills.
(2) Your accounts have been blocked. It will be promptly handed over to our solicitors. Please pay the bills immediately within max. 3 days. ( you reach the second reminder stage approximately 7 days after entry into the first stage). The amount to be paid within the second stage is 80 Euros plus VAT as well as additional fees for the blocking of your account amounting to 25 Euros plus VAT. These costs will be calculated together with the outstanding bills.
(3) Collection procedure has already been initiated ( solicitor, credit control report) and this will be directly invoiced by our solicitors and if necessary, we terminate your contract without notice.

III. Partner

a. Terminology

The term "Partner" refers to all those persons or enterprises who/which provide the users of Immopro24 with general information, company information, studies, estimates, opinions, general news, own company representation. The informative publications which are either free of charge or which carry a cost as well as publications which carry a cost for advertising purposes are summarized within this group.

b. Guarantee of authenticity

The partner is committed to all publications which he wishes to publish on the pages of Immopro24 with reference to his information, studies, estimates, opinions, news in general etc., details about himself and/ or company and ensures that these will be updated, truthful, will include all related characteristics and properties and will be provided in a professional way.

c. Discount for Immopro24 members

The partner is aware of the network concepts of Immopro24 in order to guarantee special advantages in monetary and service/technical form, to the user groups from the member and partner areas determined by the operator of Immopro24. These advantages are separate and held by written agreement between the operator of Immopro24 and the respective partner. The partner will transmit these advantages in a visible form to the member or partner group determined by the operator of Immopro24. The advantages published on the pages of Immopro24 are legally binding for the partner.

d. Publication rights, Conveyance of rights, Fraud

The publication on the pages of Immopro24 of data or documents, such as copyrights, name, or trademark rights, whose content may abuse legal rights or offend the customs of third parties, is forbidden.

e. Confidentiality

Information about the inquiring party, which is made available to the Partner, is confidential and must not be distributed to a third, unauthorised party

f. Payment/Retention of Services

The publication of real-estate advertisements is subject to the price list which is valid at the time of placement of the order. In the case of an extension of the contract, the price list valid at that time will be used.The initial payment into one of the named accounts of the Immopro24 Operator must be prior to the access being given to the member's data. Further payments will be realized according to the payment agreement between the Immopro24 Operator and the respective user. In the case of payment by invoice, these payments are due immediately upon receipt of the invoice and should be transferred, provided that no other payment date or pre-payment has been agreed. The invoice amount is to be transferred, excluding transfer costs or expenses, to one of the named accounts of the Immopro24 provider. In the case of a delayed or deferred payment, the legal interest amount - Basis: European Central Bank, is calculated. In the cases of delayed payment, the Immopro24 provider reserves the right to immediately block the defaulting user's access until the end of the delay. Costs incurred to the Immopro24 provider will be passed on to the user.
The amounts resulting from the outstanding payments incurred to the Immopro24 provider will be debited further. In case of blocking access additional fees amounting to 25 Euros, plus effective VAT, are to be paid.

Stages of reminder:

(0) Amount has not been reminded yet. We request you to transfer the outstanding amount promptly.
(1) Amount has already been reminded. You are delayed with your payment. We request you to pay immediately! ( you reach the first reminder stage approximately 7 days after debit entry date). The amount to be paid within the first stage is 40 Euros plus VAT and this will be calculated together with the outstanding bills.
(2) Your accounts have been blocked. It will be promptly handed over to our solicitors. Please pay the bills immediately within max. 3 days. ( you reach the second reminder stage approximately 7 days after entry into the first stage). The amount to be paid within the second stage is 80 Euros plus VAT as well as additional fee for the blocking of your account amounting to 25 Euros plus VAT. These costs will be calculated together with the outstanding bills.
(3) Collection procedure has already been initiated ( solicitor, credit control report) and this will be directly invoiced by our solicitors and if necessary, we terminate your contract without notice.

6. Restriction of liability

a. Any liability for the operator of Immopro24 for damages caused by the operator of Immopro24 or of a legal representative or agent is excluded, with the exception of intent, negligence or gross negligence, non-compliance with contractual cardinal obligations, obligations to the product liability law. The liability is limited to 5 times the respective monthly payment.

b. The Operator of Immopro24 is not liable for malfunctioning of services if this occurs as a result of technical problems, external factors such as for example, Internet problems, problems with national or international communication systems, infrastructures, the Internet connection used by the operator of Immopro24, hardware, and software used by them for data transfer or by any other software, by usage which is inadequate or inconsistent with the rules of the service by the user, or for reasons of technical problems which prevent the correct execution of the services offered.

c. The Operator of the Immpro24 site limits himself to publishing advertisements connected with the real esate sector, which are received under contract from the advertiser. He does not function as mediator in such operations and is also not liable in cases of any possible successful closure of business between the advertiser and the consumer. Moreover he is not liable directly or indirectly for the content of these advertisements, as the content, honesty and correctness is the responsibility of advertiser. Above all, the Operator accepts no liabilty in relation to the copyrights of any illustrations (photos, maps, outlines, plans) provided by users of the platform.

d. The operator is not liable for linkage of his website to other websites via links, and takes no responsibility for content, truthfulness or correctness of connections which the website has with other webs or the Internet websites, which do not belong to his services. The operator distances himself hereby from the content of all websites linked to his website. The user visits the afore-mentioned sites at his own risk.

7. Copyright

a. Tekton Consulting S.L. is the owner of the Copyright for this website. They reserve all rights.The reproduction or mentioning of any part of this website in any form is expressly forbidden, even if the origin is stated.

8. Private Data Protection: The services provided by Tekton Consulting S.L. adhere entirely to the Spanish Data Protection Law Nº. 15/99.

Private Data Protection: The services provided by Tekton Consulting S.L. adhere entirely to the Spanish Data Protection Law Nº. 15/99.

9. Severability clause

If one of the provisions of these terms and conditions is ineffective , then this does not affect validity of the remaining provisions. The ineffective provision is effectively replaced by such a provision which is economically equal in the sense and purpose of the ineffective provision in a legally effective way. The same applies to possible gaps in regulations.

10. Jurisdiction

That area ( Barcelona, Spain) is within the Spanish jurisdiction.

Version: 04.01.2008