Realo NV with headquarters at 9000 Gent, St. Jacobsnieuwstraat 17, company registration number 0543.772.595 (hereinafter 'Realo') will send interested sellers and/or renters (Seller leads) to the real estate agency. The availability and performance of the Seller leads can vary and Realo has the right to change the deliverability method and postal codes of the Seller leads. The agreement between Realo and the real estate agency is binding upon confirmation of the order by Realo either by sending the Realo Seller leads to the real estate agency.
The Real Estate agency confirms to be recognized by the BIV and to have al the necessary licenses for being a real estate agent and wishes to coöperate with Realo to help these Seller Leads selling or renting their property.
The real estate agency will receive the amount of seller leads like described in the order form and will pay the required amount for it. The cost, which is mentioned in the order form, applies to a certain number of Seller Leads (a pack) and needs to be paid before the Seller leads will be sent. In case the amount of Seller leads defined in the pack is reached, a new pack will be silently started (which will have the same amount of seller leads for the same price), unless defined differently on the order form or when one of the parties ends the agreement at least 7 calendar days before the end of the pack. Canceling the agreement by the real estate agency needs to happen via an email to firstname.lastname@example.org. The cancellation of the agreement by Realo happens via an email to the real estate agency. Realo is also entitled to terminate the agreement immediately provided a simple notification to the real estate agency in the case of persistent non-payment.
A lead has to be accepted by the Real estate agency, even when they believe this is not a valid seller lead. The Real estate agency will always provide the estimate report to the seller for free. Realo will follow up on the quality of service with the seller and has the right to not renew the contract at any time.
All prices are VAT excluded. Realo will bill per pack, as indicated on the order form. The payments will be done by bank transfer on the account number BE86 0689 0501 2350, BIC GKCCBEBB with a mention of the invoice number. All invoices will be paid to Realo within 14 days after the invoice date. If the payment is not done within this period, Realo has the legal right to charge an interest of 1% starting the first day of the month. Next to that, in case of a bad payment or no payment, Realo has the right to delay or cancel all running orders and to stop all collaboration immediately and require a standard conventional compensation of 10%, with a minimal amount of EUR 40,00 due to of the extra administrative costs because of the non-payment. All possible bank costs, related costs and VAT will be charged to the agency.
Both parties are not required to give exclusivity to the other party.
Realo is not liable for force majeure delaying the implementation of this agreement or prevent this is any circumstance that is reasonably beyond the control of realo. Are i.a. but not exclusively considered as force majeure: strikes, natural disasters, flood, fire, occupation, extreme weather conditions, government regulations, technical defects. Realo should not provide proof of unforeseeable or unavoidable nature of the circumstances.
Realo is not liable for services provided by the real estate agency, its agents or other agents. The real estate agency or its agents are not liable for the services provided by realo. The total liability between the parties to a faulty or incomplete implementation of the agreement is limited to a maximum amount of € 5,000.00 in principal, interest and fees, except for fraud or willful misconduct. Any liability for consequential damages, economic damages, consequential damages, lost profits or loss of investment is expressly excluded.
Parties will implement this Agreement with due regard for the confidentiality of the real estate agency and its agents. They undertake to make both confidential information they acquire during and after the termination of this Agreement for a period of 2 years to use during the execution of this agreement or knowledge, except with prior written consent of the person this confidential information released or the person from whom they obtained confidential information.
The real estate agency hereby expressly consent to realo the name, the logo, the pictures of the real estate agency or its agents, the satisfaction scores, customer references, the time between the publication and launch of brokerage and transaction, the number of transactions, the success rate and useful data and statistics related to the real estate agency and its agents can use the realo platform.
The invalidity of a clause in or with regard to this agreement does not result in the invalidity of the entire agreement.
These general terms & conditions control the full contractual relation between Realo and the real estate office, with exception of the general terms & conditions from all previous negotiations and documents between these parties and about the services in question. Every change, discrepancy or addition must be part of a written statement. The fact that Realo does not make use of it rights coming from the general condition, cannot be seen as if Realo looses its future right to do make use of this right. Every dispute about this agreement is controlled by Belgian law and shall be settled under Arbitration Rules of the CEPANI, by one or more arbritrators appionted in accordance with these regulations.