Terms and Conditions of Usage of ReSales-Online

Member Agents agree to adhere to the following Terms & Conditions, any breaches of these terms can lead to the cancellation of a MEMBER AGENT’S account.

The three linked documents below form an integral part of the terms and conditions of using ReSales-Online and should be read in conjunction with the full text of this document.

Links

Brief Description

Explains the terms of usage of our website resales-online.com/en

How we process your personal data and the data of your clients that you enter into the system.

Our agreement that allows you to use our software including account requirements, type of accounts and services we provide, and user access.

Table of Contents

Property Listing Content

  1. Member Agents agree that they will only submit a property for sharing on the Network if:

    1. they have a binding listing and commission agreement signed by the property owner or their legal representative; and

    2. that the property is not from a 3rd party agent or intermediary, with the exception of Bank Repossessions or New Developments.

  2. Member Agents are responsible for the content and accuracy of their own property listings on ReSales-Online and exempts ReSales Andalucia from any liability arising as a consequence of inaccurate listing content.

  3. It is prohibited to copy property descriptions or photos from other agent’s listings.

  4. Property listings will not contain false information (e.g. false photos, prices, property sizes, descriptions, features, or address).

  5. Properties must contain the correct cadastral reference number of the actual property for sale.

  6. Property descriptions cannot contain any identifying details such as: names, company names, telephone numbers, websites, links to videos, property street name, urbanisation, complex or building names or any information that can easily lead a 3rd party to go direct to the property. We retain the right to use our discretion to accept or not accept a property description.

  7. Property information will be kept up-to-date.

  8. Properties from a 3rd party agent or intermediary must be set as Not Shared and will be available only to the listing agent.

Property Photographs

  1. A property listing must contain a minimum of one internal photograph of the listed property. Although we recommend taking as many different photos as possible and at least 1 photo per room, terrace, storage, garden, pool and parking for the property.

  2. Photographs uploaded to a property listing should be those taken by the listing agent or their staff or provided to the listing agent directly by the property owner.

  3. It is prohibited to copy photographs from other agent’s listings.

  4. Photographs cannot contain: watermarks of company name, logos, name, initials, phone number, website, For Sale signs, images of company cars or any information identifying the listing agency or property owner.

  5. Photo images must confirm to our size and format requirements, click here for more information.

  6. You can protect your photographs with our system generated watermarks, by enabling add watermarks to my images in your Company Settings.

  7. Complaints regarding copied photos can only be investigated if the watermark setting was activated on the property concerned.

Listing Procedures

  1. Properties cannot be set to Available after being in Listing, Sold or Off Market status for a prolonged period of time. These properties must be cloned and a new reference number will be assigned. Once a property has been cloned, the old original reference must be set to Sold or Off Market.

  2. It is prohibited to re-use or edit an old ReSales-Online reference number to list a new property.

  3. All new property listings should be added to the system via the [Add Property] function so that a new reference number will be issued.

  4. If an offer or reservation deposit is placed on a property, the status must be changed to Under Offer or Sale Agreed.

  5. Properties cannot be knowingly set to an inaccurate status.

Property Update Requests (Availability) by Other Agents

  1. Property Update Requests from other Member Agents or ReSales Andalucia must be responded to accurately and within 7 days of the request.

  2. Property update reminders will be sent via email on days 3 and 6.

  3. After day 7 any unanswered availability requests will lead to the property being set to unshared until the property status has been confirmed.

Property Sharing on the Network

First agent to list a property as shared will have the right to share the property with other member agents on the Network database with the provisos listed below.

Property results will display as follows:

Search 2.0 (recommended)

  • First listed version of any property will display as a default with the number of how many duplicates exist of that property.

  • Agents can click to view the duplicates and decide which listing agent they wish to work with for property information and/or viewings.

  • Agents can also select a particular duplicate version to display on their company's future searches instead of the original listing.

Search 1.0 (planned to be phased out)

  • First listed version will display and no possibility to view duplicate options.

  • Currently all WebAPI and XML feeds are powered by Search 1.0.

PropExtra

  1. Both Network and Standalone accounts can upload their properties to the PropExtra portal provided that the listing is set to Available and the PropExtra tickbox ihttps://support.resales-online.com/en/articles/4885689-terms-conditions-of-usage-resales-online#h_d3b2fff092s selected.

  2. PropExtra Terms of Use.

Decree 218, Andalusia

  1. Completing the details that relate to the Andalusian law (Decree 218/2005) in ReSales-Online does not imply that the property is fully compliant with the law.

  2. Each Member Agent is responsible for their company’s compliance with this law and will be solely responsible in the case of fines or requirements resulting from any official inspections.

  3. Member Agents that display property listings from other agents in their office window displays are advised to previously check with the listing agent that the property(s) comply with Decree 218. In the case of an inspection, you will be responsible for supplying the relevant DIA document for the property if it is requested.

Exporting Property feeds to your website

We can provide property exports (feeds) to populate Member Agents' websites via WebAPI (recommended), XML feed, or iFrame.

How can I show properties on my website? (includes technical documentation)

Property feeds supplied by ReSales-Online are only authorized to be used as per these Terms & Conditions, improper use of property feeds or website search functions will be deemed as a breach of contract and can lead to removal from the network.

NETWORK ACCOUNTS

  1. MEMBER AGENTS may display the property listings of other Member Agents only on their own website(s), and in accordance with the sharing permissions that have been set by the Listing Agent in the system.

  2. It is prohibited to provide feeds including other Member Agents’ property listings to any 3rd party other than for the express purpose of displaying the details on your own website(s).

STANDALONE ACCOUNTS

  1. Standalone accounts are only authorized to use feeds containing their own direct listings.

Exporting Property Feeds to Portals and 3rd party sites

When supplying feeds to property portals, other software systems, 3rd party site, or similar, both Network and Standalone accounts are only authorized to provide a feed of their own direct listings.

You can provide another Member Agent’s listings to property portals, other software systems, or similar, only in the case that:

  1. You have the express permission (written and signed or email) from the individual listing agent(s); and

  2. The listing agent(s) provides a feed containing only their own properties directly to you.

  3. Click here for more information on publishing to property portals.

Property Portals

  1. Property portals are only authorised to accept feeds from individual agents that contain the agent’s own direct property listings.

  2. Property portals are prohibited from accepting and implementing our full database feeds.

  3. Misuse of RESALES-ONLINE feeds by a property portal can lead to legal action.

  4. If you are a Property Portal, click here for more information.

Importing Feeds from a Member Agent's Database to ReSales-Online

Imported listing content must adhere to our content and procedures terms, see above sections.

Click here to get more information and request an import.

Agent Message Service (AMS)

The AMS service is available only to Network Account holders. AMS messages are compiled into a bulk mailing 4 times a day and are emailed to system users that have [Receive AMS] enabled on their User Account.

Continued abuse of the AMS service will lead to a company-wide ban from using it.

Click here for how to send an AMS and read the rules

How to unsubscribe from AMS emails

Member Agents' Details

  1. The public contact details displayed in the system are provided by each Member Agent for the purpose of Member Agents carrying out their day-to-day real estate collaboration activities such as making specific property/client enquiries, viewing appointments, etc via ReSales-Online.

  2. As per the regulations on commercial communications (art. 21 LSSI), it is forbidden to use these details to compile email or marketing lists. Especially the use of this data for sending commercial communications of any kind without the express consent of the agent.

  3. Member Agents agree that if they receive a message from an agent to be unsubscribed from their mailing list, that they will comply with the request in a timely fashion.


Customer Support

  1. Customer Support is available to Member Agents via our Live Chat application directly from your account or on our website.

  2. Phone calls to and from the offices of ReSales Andalucia are recorded. The Member Agent authorizes the use of these recordings as needed for the normal running of our business, or in the case of any dispute.

  3. Resales-online email addresses are used to impart information, however incoming emails to our domain addresses are not monitored.

  4. The Member Agent agrees to treat the staff of ReSales Andalucia with respect in all communications.

Fees

  1. Access to ReSales-Online is granted on a pre-paid basis.

  2. Fees (plus VAT applicable by law) and any other charges due hereunder shall be paid by the Member Agent in accordance with these Terms & Conditions as per our fee schedule.

Payment Terms

  1. Service is provided on an automatic-renew subscription basis either monthly, 6-monthly, or annually.

  2. Acceptable payment methods: online card payment (debit or credit cards), direct debit, or bank transfer.

  3. Subscription payments are due and payable on the start date of your billing/service cycle. New sign-up subscription payments are due on the day that the new account has been created.

  4. In the case of a payment failure by the due date, you will receive an automated Payment Notification and will be allowed a seven day grace period to make a successful payment.

  5. If a payment is not made within the grace period, we reserve the right to downgrade your Network account to a Standalone account. In the case of a Standalone Sub-Office account, the account will be disabled.

  6. Requests for extension of service must be made by adding a comment to your Payment Notification, and should include the date that you expect to be able to make payment. Extensions will be given at our discretion and we retain the right to deny such requests.

Invoicing

  1. MEMBER AGENTS must provide valid invoicing details.

  2. Invoicing details can be changed by a user account holder with Administration rights by starting a chat with our Customer Support team.

  3. RESALES ANDALUCIA reserves the right to refuse to alter invoices that have already been issued.

  4. In the case of an enquiry from the Tax Office regarding incorrectly provided details, the MEMBER AGENT accepts that they will be invoiced separately for any professional services required to respond to the Tax Office.

Cancellation

  1. A Member Agent may cancel this agreement at any time by raising a chat from their ReSales-Online account. The chat must be raised from a user account with Administrator privileges.

  2. The Member Agent's account will be set to expire on the date prior to their next billing date, unless a specific cancellation date was requested.

  3. Account cancellation will not attract any penalty fees.

  4. In the case that ReSales-Online cancels a subscription the Member Agent disclaims any and all claims for this early cancellation.

  5. Member Agents have the option to downgrade their account to a free Standalone account instead of cancelling.


Refund Policy

We do not provide any refunds, except the following:

  1. in the case where a payment has been taken in error;

  2. If we take action to cancel a Member Agent's account, we will refund the proportional amount of the payment made in advance corresponding to the period pending after the cancellation.

Non-use of the software during a paid period is not grounds for a refund.

Miscellaneous

Any additional data related to properties listed on ReSales-Online that has been acquired, calculated, extrapolated or otherwise obtained by ReSales Andalucia, including, but not exclusively limited to, external data sources, ie: from sources other than our clients entry of data into any of our systems, either manually or electronically, remains the sole property of ReSales Andalucia. We reserve the exclusive right to use this data as well as the right to grant or deny access to this data to any entity for any price.

Exclusions

  1. Neither ReSales Andalucia, nor its employees, shall be liable to the Member Agent under or in connection with this agreement for any loss of business, contracts, profits, anticipated profits, savings or data, or for damage to hardware and software, or for any indirect, special or consequential loss or damage whatsoever.

  2. ReSales Andalucia is not responsible for the content of ReSales-Online. The content is owned and provided by the Member Agents and while RESALES ANDALUCIA will do its best to ensure its accuracy, this cannot be guaranteed.

  3. ReSales Andalucia is excluded from any liabilities that may arise due to any errors or omissions in property listings provided by the Member Agent.

Duration

This agreement remains in effect until cancelled in writing by either party.

Right to Refuse Service

ReSales-Online is a private company that provides services that involve a trust relationship, therefore we reserve the right to unilaterally refuse to provide services to any Member Agent or account applicant without the need for any further explanation.

The main goal of the Network is to provide agents with a platform to work together rather than against each other; and as such ReSales-Online will cancel access to the Network Version of the software (either permanently or temporarily) for agents who engage in the following unacceptable practices:

  1. received an inquiry for a property which is not their listing and tried to contact the owner without written permission from the listing agent;

  2. been introduced to another agent's buying or renting client then tried to contact that client directly, without written permission from the introducing agent; or

  3. repeatedly breach any of the Terms and Conditions in this document.

Note that an agent may initially receive a warning that subsequent violations will result in cancellation of their account. Warnings will be issued at ReSales-Online’s discretion.

Mediation

  1. This agreement is governed by its own clauses, by the conditions of collaboration established, accepted and agreed by the parties in this document, and by default, by the Commercial Laws of Spain, other pertinent Laws and mercantile practices and Civil Code of Spain.

  2. In the event of dispute, both parties agree to refer to a lawyer appointed by the Colegio de Abogados de Malaga and to be bound by the decision of said lawyer.

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