Terms and Conditions
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR CONTRACTING OUR SERVICES
The present terms and conditions (henceforth “T&C”) provide you with the rules of use and registration on the site https://www.keezag.com and of our mobile app (henceforth the website and the mobile app will be referred to solely as “Website”) operated by the commercial partnership designated KEEZAG, LDA, with its headquarters at Praça dos Pescadores, n.º 55, 4450-222 Matosinhos, parish of Matosinhos and Leça da Palmeira, Matosinhos county, Porto district, with a share capital of € 500,00, Tax Number 514738987, registered under the same number in the Commercial Registry (henceforth “keezag”), and contains the pre-contractual information required by law. The present T&C applies to all services provided by keezag through the Website.
By accepting/agreeing with this T&C the Visitor, Owner, and Professional declare that (i) by accessing the functionalities and services associated with the Website, are of age and have legal capacity to, in accordance with their personal law, give consent and contractually bind themselves to the execution and provision of functionalities and services of the Website, and (ii) make the acceptance of this T&C and policies associated to their personal name and /or organization they represent, ensuring that the necessary powers to fulfill this acceptance.
In the present T&C, without limitation of other definitions in the T&C, the following capitalized terms and expressions have the following meaning:
- the online space assignment service to the Owner in the reserved area of the Website to disclose the intention to sell, rent, exchange or transfer of real estate, through an offer posting system (for a limited period of time by the Owner) relating to real estate for potential selection of Professional who will mediate the transaction related to the property, on an exclusive basis;
- the online space assignment service to Professional in the reserved area of the Website with options to search, select and identify opportunities related to real estate for sale (options may also be made available for renting, exchanging, or transferring real estate) by submitting a proposal to Owner of the conditions to intermediate the transaction related to the property, on an exclusive basis.
b. Owner: the person, whether an individual or a company, who has the legal capacity to enter into real estate transactions and who has registered on the Website and wishes to publish on the website's reserved area platform at least one property for sale (with option of exchange), lease or transfer of real estate;
c. Professional: person, individual or company, holding a real estate license issued by IMPIC - Instituto dos Mercados Públicos do Imobiliário e da Construção and registered on the Website.
d. Visitor: Any person, be it an individual or a company, who accesses the Website, whether they have registered or not.
Registration on the website is free.
There are two categories of registration: Owner and Professional.
Each Owner or Professional can only have one entry. keezag may cancel any subsequent registration made by the same Owner or Professional.
The Owner or Professional may at any time request the cancellation of their account on the Website; however, this does not entitle you to reimbursement of amounts already paid for the use of a previously contracted Services.
For registration, certain personal and other data will be required as configured on the registration form.
Upon registration on the Website, the Owner and Professional will be assigned an access code to their account. The created account is personal and non-transferable, and the created account holder is solely responsible for keeping the access code secret and confidential, as well as for actions taken with its registration.
If the Owner or Professional is aware of or suspects that another person / entity has had access to their account’s access code, they should immediately inform keezag immediately via email@example.com and change your access code.
If the Owner or Professional contracts our Services, specific rules may apply, and the Owner and Professional must carefully check the pre-contractual information provided.
Services are contracted through the Website by electronic means, in accordance with the provisions of article 26 of Decree-Law 7/2004, of 7 January, and article 3 of Decree-Law. No. 290-D / 99, of August 2, and complies with the provisions of Decree-Law No. 24/2014, of February 14.
If you do not agree to the contract by electronic means, you should not use the Website.
The Services may only be hired by individuals of age or companies, with full legal capacity.
a. For the Owner
Registration on the Website allows the Owner to register a property for offer, free of charge, with a view to a potential selection of Professional who will mediate, as real estate agent, the transaction relating to the property, on an exclusive basis.
To register a property for offer, the Owner must provide certain information in the form prior to the publication of the registration.
The content, information, data, communications, including any attachments or materials contained in the property's offer registry entered or made available by the Owner on the Website (as well as those stored on keezag servers), and all offers and statements by the Owner are the sole and complete responsibility of the respective Owner, and keezag is not responsible for any inaccuracies, incompleteness or falsehood of the information and data entered in the registration of the property or in the offers of the Owner.
In particular, the Owner undertakes to provide truthful, complete and up-to-date personal information and data relating to the property, as well as not to display content of illegal, violent, provocative, offensive, racist or anything susceptible to violate the privacy or rights of others.
It is solely up to the Owner to obtain the necessary authorizations before using or making available, in any way, the contents, information, data, materials, offers and statements related to the property.
The Owner agrees, after the launch of a real estate offer until the Lead has been paid by the Professional, not to contact the Professional directly, by any means, and to inform keezag of any contact made by the Professional.
Failure by the Owner to comply with the obligations arising from these T&C entitles keezag to be compensated under the general terms of law.
After completing the required information, the Owner must expressly accept the T&C again before launching the offer for the property.
With the launch of a registered property offer:
- notifications will be sent to Professionals registered on the Website whose notification preferences match the offer;
- a time period will commence, its duration will be available on the Website, consisting of the duration of the offer (hereinafter the “Offer Term”), and during which the Professional may submit their real estate proposals related to the offer.
With notifications to Professionals will not be provided any data/information relating to the Owner and for the property the information provided will be limited (indication of type, location, type of transaction and price, if applicable).
The Owner may withdraw the offer at any time, indicating the reason why he is doing so, in which case the Professional will be returned the amount(s) of the credit(s) already paid to present and register a proposal to that offer. The launch of an offer relating to a property registered by the Owner does not, under any circumstances, require the selection of a Professional to intermediate the desired transaction.
After the offer has been launched, the Owner will have access to a control panel to follow their offers. After the Offer Term has elapsed Professionals will not be able to submit any further offers and the Owner will be notified that the Offer Term has expired.
Thereafter, an evaluation time period will commence, its duration will be available on the Website, for the Owner to decide on the proposals submitted. To the Owner is reserved the right not to select any of the proposals submitted.
On the evaluation page, the Owner will be able to view all proposals received for that offer, as well as to choose to see the proposals in a table format, with various data points available on the Website.
If, within the Offer Term, no proposal is submitted, the Owner may register to launch a new offer for the same property (with or without changes to the initial offer registration data). In the case the Owner selects a Professional to mediate the transaction, the Owner shall select the chosen Professional. From this moment on, the declaration of offer and choice of the Professional becomes binding to the Owner, who is required to, after confirming the payment of the Lead by the Professional, to conclude the real estate contract with the winning Professional.
The Owner will have to wait for the confirmation of the Lead’s payment by the Professional, which the deadline will be available on the Website. If there is no payment from the Professional, the Professional's proposal will cease, and the Owner will be able to select a second winner.
With the confirmation of payment will be generated an acceptance document, which binds Owner and Professional to enter into the real estate agreement and contains:
- property details;
- details of Professional winning proposal;
This document shall be attached to the exclusive mediation agreement that Owner and Professional shall formalize with each other and that is their sole responsibility and responsibility. The Owner may make an evaluation of keeSelect.
After the period of exclusivity for the mediation of the transaction has elapsed, we will request the status and outcome of the mediation (whether the property was transacted or not; assessment of the sale process, and the Professional selected), which the Owner agrees to make available.
b. For the Professional
Registration on the Website does not allow the Professional to immediately access the properties available for submission of proposals for intermediation of the transaction. The Professional needs to contract the Services, through the purchase of credits, which will allow him to access more information about the real estate offers available, as well as to present proposals for mediation related to real estate deals.
After registering as a Professional, they will be able to access a set of instructions on how the offer and proposal system works.
In order to access offers made by Owner and submit proposals, the Professional must use credits, to be purchased on the Website, which will be available in packages, as made available on the Website.
To acquire Credits, the Professional must accept the specific T&C associated with the purchase of Credits.
The Professional may define the specifications as to their preferences regarding the real estate offer. With the purchasing of Credits, the system will be activated and the Professional will begin to receive notifications, in real time, of all active offers and of new offers that match with their preferences.
A offers report panel will be made available.
The Professional will only have access to limited information regarding the property (typology, location with zip code, price, if available).
If the Professional wants to access more details of the property and submit a proposal will have to use additional credits, as indicated on the Website.
The proposal may contain, among others, the following fields:
- Professional Name, Photo, Short Biography, Assessment (if available);
- List of services offered (professional photography, floor plans, smart visit, etc.);
- Commission (there will be two fields, in% and €; if the Professional enters the percentage value of your proposal, the system will automatically calculate the commission amount; if the Professional enters the value in €, the system will assume that the commission value is fixed, calculating the applicable percentage);
- Exclusivity period (in months);
- Professional Data (experience, education, number of transactions brokered, etc.).
If the Owner has not indicated the expected price associated with the transaction, the Professional must indicate a value.
After the proposal has been submitted, the Professional will be able to follow their proposal.
In the case the Professional is selected by an Owner, they may acquire the opportunity to contract the service to complete the Owner bidding process (the "Lead"). The remuneration of this service to keezag will be calculated on the value of the commission proposed by the Professional, with reference to the same percentage of the commission included in the winning proposal (example: in case the Professional has proposed a 5% commission for a transaction with a value of EUR 100,000.00, keezag´s remuneration for Lead's service will be EUR 250,00).
If the Professional decides to buy the Lead, they will have a time period, which will be indicated in the Website, to pay.
Payment can be made through one of the systems available in the Website, at the Professional's discretion.
The invoice and receipt are issued electronically and sent to the Professional's email address.
With the payment confirmation will be generated an acceptance document, which binds Owner and Professional to celebrate the real estate agreement and contains: (i) details of the property; (ii) details of the Professional's winning proposal; (iii) T&C.
This document shall be attached to the exclusive mediation agreement that Owner and Professional shall formalize with each other and that is their sole competence and responsibility.
Except in certain cases and under the free discretion of keezag, lead's remuneration is due and paid by the Professional to keezag regardless of the formalization of the real estate agreement with the Owner or the completion of the transaction on the property.
The Professional will not be entitled to review Lead compensation due to any increases or decreases in the final price associated with the transaction.
The content, information, data, communications, proposals, including their attachments or materials entered or made available by the Professional on the Website, as well as all proposals and statements by the Professional are the sole responsibility of the Professional, and keezag is not responsible for any inaccuracies, incompleteness or falsehood of the information and data entered by the Professional or their proposals.
It is solely up to the Professional to obtain the necessary authorizations before using or making available in any form the contents, information, data, materials, proposals and statements.
The Professional agrees, after the registration in the Website and up to the payment of the Lead, not to contact the Professional directly, by any means, and to inform keezag of any contact made by the Owner.
Failure by the Professional to comply with the obligations arising from these T&C entitles keezag to be compensated under the general terms of law.
The Professional may make an evaluation of the Services. After the period of exclusivity for the mediation of the transaction has elapsed, we will request the status and outcome of the mediation (whether the property was transacted or not; assessment of the sale process, and the Professional selected), which the Professional agrees to make available.
keezag is not a real estate brokerage firm, pursuant to Law 15/2013 of 8 February.
keezag is responsible for the development, operation and maintenance of the Website.
keezag does not verify, guarantee or evaluate the legal capacity of the Owner and/or Professional, nor the content of real estate records and data, Owner offers and proposals of Professional to be made available on the Website.
keezag does not guarantee the veracity, accuracy, security and/or legality of the contents and data entered by the Owner and/or Professional, nor the execution of the transactions (either with respect to the conclusion of the real estate mediation contract between Owner and Professional, nor the final contracts relating to the transactions being mediated), which the Owner and Professional expressly accept and acknowledge.
The Owner and Professional accept that keezag has no responsibility, direct or indirect, for the use that the Owner and Professional make of the Website, being their sole and exclusive responsibility to use it. Similarly, keezag is not liable for any damage, injury or consequence resulting from the lack of legal capacity of the Owner and Professional, nor the contents, data and information entered by the Owner or Professional or declared by them.
keezag does not exclude or limit its liability in any way that makes such exclusion or limitation unlawful.
keezag is not responsible for any conditions, obligations, representations, implied warranties or any damages arising from misuse of the Website or information or materials posted by third parties, Owner or Professional.
In no case shall keezag be responsible for:
- Lost profits;
- Suspension, interruption or termination of the Business of the Owner or Professional for any reason;
- Loss of opportunity to hire;
- Reputational damages.
keezag has no intervention in the communications between the Owner and the Professional and does not participate in the transactions between them, nor does it act as intermediary, mediator and/or legal representative of any of the parties involved in the transaction.
keezag may withdraw, permanently or temporarily, without any prior notice, any offer or proposal from the Website that does not comply with these T&C or that in any way impairs the normal operation of the Website or in compliance with the order, direction or standard issued. by competent authority. The Owner or Professional will be notified via email of the deletion of their offer or proposal and the associated reasons.
In the cases described above, the Professional shall not be entitled to reimbursement of any amount paid.
The Owner and Professional hereby authorize the assignment of our keezag contractual position and/or the right to receive any monetary amount due. The assignment will take effect from the date of receipt by the Owner and Professional of the communication of the assignment.
keezag reserves the right, upon prior notice from the registered Owner and Professional, to change the remuneration of keezag for the provision of services on the Website or to charge them, which the Owner and Professional acknowledge, as well as that keezag may further develop additional features and services. All amounts mentioned add VAT to the applicable legal rate.
Access to the Website requires the availability of a device with an Internet connection to ensure interoperability of the website's digital content.
keezag may update and modify the Website at any time with a view to making changes to the Services, Owner or Professional needs.
keezag may change the website address, in which case, for a reasonable period of time, Visitor, Owner and Professional will be automatically redirected to the new address.
The above changes are not subject to authorization by Visitor, Owner and Professional.
keezag does not guarantee that the Website or its contents will be permanently available.
keezag may have to suspend or cancel the website availability (partially or fully) for commercial or operational reasons, and Owner and professional are informed of such suspension or cancellation whenever possible. Except for situations of force majeure outside the control of keezag.
Access to the Website and the Application requires the availability of an Internet-enabled device to ensure interoperability of the digital content on the Website, Owner, Visitor and Professional are responsible for ensuring that their computer systems have the technical specifications required to access and use of the Website or App.
For a better browsing experience, we recommend using the latest version of the App and of your browser.
keezag does not guarantee that the Website is protected or free from errors, crashes or viruses. The Owner, the Professional and the Visitor are responsible for setting up and using virus protection programs.
The Owner, the Professional and the Visitor undertake to: (i) not use the Website in an inappropriate manner and knowingly introduce viruses into it or any other materials that may damage the Website or its contents, (ii) not seek to obtain unauthorized access to the Website, the server hosting the Website, and any database related to the Website, (iii) not use the Website to store or transmit information, material or content that violates the rights of others; (iv) not use the Website for the performance of unlawful practices, namely through error or mistake about facts intended to obtain for you or for third parties illegitimate advantages; (v) not decompile, disassemble, reverse engineer the Website; (vi) not obtain the source code, modify, decrypt or create derivative works of the Website or any services or features provided within or otherwise provided by keezag, (vii) not present yourself as another person or certify certain non-existing features, qualities, relationships and/or skills through false elements, and (viii) not access or use the Website to implement a competing service and/or product or copy any competing feature, content or functionality.
keezag may permanently or temporarily suspend or withdraw, without prior notice, access to the reserved area or any functionality of the Website to an Owner or Professional who does not comply with these T&C or otherwise compromises the normal operation of the Website or in compliance with an order, direction or standard issued by the competent authority. The Owner or Professional will be notified via email of the suspension or withdrawal of access and the associated reasons.
7. Intellectual Property
Visitor, Owner and Professional acknowledge that title and ownership of any and all intellectual property rights, including but not limited to software rights, codes (source, subject matter, etc.), copyright, trademarks, processes and trade secrets are and remain the property of keezag.
The workflow, platform, Owner and Professional interface processes, images, text, design, know-how and other technologies and features provided by keezag as part of the service are owned by keezag, as are all rights, titles and interests in them, including all associated intellectual property rights.
These T&C do not give the Visitor, the Owner and the Professional any rights to use any marks and/or logos belonging to keezag. The registration, creation and use of an account by the Owner or Professional does not grant them any license to those rights.
8. Statistical Records
keezag will collect certain information in order to evaluate the Owner and Professional.
This information will be used primarily for statistical analysis. The information will be analyzed in aggregate form. Analyzes based on aggregate statistical information are intended to provide the levels of service, assessments and satisfaction of Owner and Professional and for continuous improvement of the Services.
Information resulting from the analyzes performed may be disclosed to third parties on the Website.
a. Right of free resolution
The Owner/Professional has the right of free termination of the contract regarding the provision of services within 14 calendar days from the date of completion of the online contracting procedure on the Website (with the acceptance of the T&C), without giving any reason. To exercise the right of free termination, the Owner/Professional must notify keezag by completing our form available at [•] or by email, with delivery receipt, of their decision to terminate the contract by means of a clear statement.
b. Exception to the right of free resolution
If the Owner/Professional has declared through the online hiring procedure on the Website that they want the services to start during the period provided for the free resolution (i.e. 14 days), keezag will immediately start providing the services. In this case, the Owner/Professional acknowledges that he/she loses the right to free termination of the contract, as the services are immediately executed. You may always cancel your offer/proposal at any time, in which case you will not be entitled to a refund of any amounts already paid.
c. Free Resolution Effects
In the event of a lawful free termination of the contract, keezag will reimburse any payment made without undue delay and in any event not later than 14 days from the date we are informed of your decision to terminate the contract.
d. Free resolution template
- To KEEZAG, LDA, Praça dos Pescadores, n.º 55, 4450-222 Matosinhos (cc. firstname.lastname@example.org);
- I/We hereby communicate (*) that I/we have resolved (*) my/our (*) purchase and sale agreement for the provision of services;
- Requested on (*) / received on (*);
- Name of the consumer (s);
- Address of the consumer(s);
- Signature of the consumer(s) (only if this form is notified on paper)
(*) Delete what is not applicable.
10. Update of Terms and Conditions of Service and Policies
keezag may at any time update, modify, replace or change these T&C and associated policies. Whenever these T&C are changed, you will be informed of the change when you access the Website by means of a note that will be included on the homepage and will be visible for a period of 30 (thirty) days after the change takes effect.
If changes made to the T&C are material, we will send an email to the registered Owner and Professional email addresses on the Website with a valid account.
In case any provision of these T&C is declared unlawful, void or ineffective by a competent court, that provision shall be replaced, in whole or in part, by an enforceable one, to reflect as closely as possible the terms of the clause in question.
Any communication related to these T&C must be made in writing by registered mail to our registered office or via our contact form.
Any communication addressed to the Owner or Professional will be made to the email address on the registration.
The above communications will be considered as made on the date of receipt of the letter, the completed form or email.
12. Applicable law and dispute resolution
The law applicable to these T&C is Portuguese law.
The Portuguese courts of Porto are exclusively competent to settle any disputes related to these T&C.