These terms and conditions apply to the provision of services by MITRA BUSINESS
SOLUTION PROVIDER (us, we, our). To list properties on our site
www.mitrabusinesssolution.com (Site) or signing up for a subscription you agree to
be bound by these terms and conditions
In addition to these terms and conditions, all advertisements are subject to our
standard terms and conditions of advertising, as amended from time to time,
available at www.mitrabusinesssolution.com, and any other legal notices displayed
on our Site from time to time.
As a condition of entering this agreement, you also agree to become a Domain
member.
Your core product(s) will commence when we notify you that your account has been
provisioned (which will typically be within 5-10 business days after the date of this
agreement) and will continue for the minimum contract term. Once the minimum
contract term expires, the core product(s) will continue to roll on until they are
cancelled in accordance with these terms and conditions, or superseded by new
products. The core products include your subscription plus any Silver, Gold or
Platinum Listings that you have elected to apply to all your new listings from the
commencement of your subscription
All other products (‘non-core product’) will continue for the period/s specified in your
subscription agreement. At any time during your subscription or package term,
provided you have the consent or authority of Domain Group, you may amend or
renew your non-core products by completing the specified form or by notifying us as
otherwise directed or agreed.
If a listing is archived and subsequently reactivated, a new Silver, Gold or Platinum
Listing charge will be applied to the listing.
We reserve the right to withdraw or change our Site, products or services (including
format, design, scope, etc) and/or amend these terms or your subscription
agreement (including the pricing set out in your subscription agreement) at any time.
Please be advised that our pricing is reviewed and subject to periodic price changes.
We will give you 28 days’ prior written notice of any material changes that we make
(including any price changes or material changes to our Site, products or services). If
we make material changes, you may terminate this Agreement by giving us written
notice within 14 days of the change. Failure to terminate within this period will
constitute acceptance of the change.
You agree that:
- your subscription type of either Commercial and/or Business for Sale and/or
Franchise determines the listing types you may load onto
mitrabusinesssolution.com; - your subscription can only be used for Commercial, Business for Sale or
Franchise (depending on subscription type) listings in relation to which you
are providing full agency services in the same geographical location; - your subscription cannot be used for private sale listings or residential
property listings; - you will keep your username and password for the Site safe and confidential,
and you will be responsible for all activities via your username and password; - you may only advertise products or services that your office is selling as
agent/business broker/franchise group and that are currently available for
sale or lease; - if you are appointed to act on an on-market opportunity, you must list the
relevant opportunity on the Site (unless your appointed client expressly
instructs you in writing not to load the relevant opportunity to the Site); - private sale listings (including agency assisted sales listings and listings sold
as part of a vendor marketing package), third party listings and listings for
sale in a different geographical area to the agency cannot be listed on the
Site unless you have a separate subscription which specifically includes the
ability to list these types of listings; - you will not edit a listing promoting one opportunity to promote a different
opportunity; - listings may only be advertised once on the Site. For the avoidance of doubt;
a. a listing at a particular street address belonging to the same owner
may not be listed multiple times by the one advertiser. Should multiple
lots be available at the one address, they should be itemised under the
“Master Listing”. This listing is however permitted to be advertised by
additional agencies holding an agreement for the same property;
b. a listing at a particular street address belonging to a different owner is
permitted to be advertised as a separate listing; and
c. for the purposes of asset value pricing, the property value is the total
cumulative value of the listing (including all sellable or leasable space).
If the individual lot value falls in a lower band and the cumulative value
falls in a higher band, the cumulative value will apply for purposes of
calculating the property value. - for all property listings:
a. you must enter the correct property “suburb” and “price” fields (where
the “price” is your reasonable estimate of the property value or range
within the specific variance permitted by the Site from time to time
(Your Estimate));
b. where Your Estimate is inserted as a price range, the top of this range
will be used to determine the price band for that listing;
c. the listing will fall within the applicable price band at the time the listing
is live on the Site (noting there will be a 48 hour period in which you
can adjust the price if required). If the price is adjusted after this 48
hour period and the price is 15% or greater than the original price you
entered (and falls within a higher price band), we may charge you the
higher price band at our sole discretion; - we may provide you with complimentary services and features from time to
time and may vary, withdraw or cancel your access to such services and
features at our sole discretion; - you represent to us that you have the authority to advertise the listings that
you load on site; - if you are a licensed real estate agent, all property listings submitted by you
must include your business name, company name, your name, and any
interest you have in the listed property; - you will select the correct categories for your listings and will not use
misleading or incorrect selections. For example you will not select the “Office”
category when your listing is a “Serviced Office”; - agent banners are for branding purposes only and may only link to the
agency’s website or an agent’s profile on the agency’s website. Agency
banners are not, under any circumstances, permitted to link to any webpage
that promotes any property or project; - you will comply with all applicable laws and codes in relation to these terms
and your listings, including by ensuring that all advertising costs are
accurately disclosed to advertisers and/or that advertising rebates or credits
(or the value thereof) are passed on to advertisers as required by any
applicable law or code; - except as permitted by us, you will not include any logos or other forms of
branding, including links to social media, agent contact details, advertising or
superimposed text in your listings (including in any imagery or photos loaded
to your listings); - you will archive or remove listings from the Site within 24 hours of an
unconditional exchange of contracts or lease agreement being signed for the
relevant property or business. Failure to remove such listings within 24 hours
may incur an administration fee for each listing which is displayed, but is not
available for sale or lease; - you will bear the cost of any telecommunications or internet usage charges
incurred as a result of using the Site or submitting property listings; - you will not list more than 5 basic or branded listings for properties at the
same street address; - you must not use the same titles, images or descriptions for listings at the
same street address; and - any showroom or generic photos appearing in listings must clearly indicate
that they are not irrelevant to of the advertised property or business. - At last we want to inform you that we take our commission from the property
owner in the case of property exchange. - More over in the case of franchise business, we take the charges from both
franchiser and franchisee, - In the case of property on rent we take one rent for one year and for more
than one year period, we take two rents. And these charges are taken from
the property owners only, So clients don’t need to worry, Same as in the case
of selling or buying of the properties also we take the charges from the
property owner.
We reserve the right (but have no obligation) to review, modify, reformat, reject or
remove (or direct you to modify or remove) any material that you upload, post,
transmit or otherwise make available (or attempt to upload, post, transmit or
otherwise make available) via the Site.
Listings which infringe these terms may incur additional fees or be removed at our
option. No refund will be payable in respect of the removed listings.
If you are a real estate agency, business broker, franchise group, real estate
investment trust or property developer, to list on the Site, you will be required to
apply for a commercial account by completing an application form and associated
paperwork provided by your account manager.
Fees are payable monthly within 30 days of the statement date on the invoice for all
accounts.
Without limiting our other rights and remedies at law, in the event of non-payment or
late payment, we may (at our discretion): - remove your listings from the Site;
- terminate this Agreement; and/or
- charge you for any agency or legal fees associated with collection of overdue
amounts.
You are liable for all taxes (inc. GST), duties or government charges payable in
connection with the agreement between us whether applying at the date of the
agreement or in the future.
Without limiting our other rights and remedies at law, we may terminate our
agreement with you immediately: - at any time and for any reason by giving you 28 days notice in writing;
- if you breach this Agreement and fail to rectify that breach within 7 days
notice; - if you are bankrupt, insolvent, enter into liquidation, administration or
receivership, or a receiver or manager is appointed over any or all of your
assets; or - if you die, your partnership is dissolved, or your company is deregistered (as
applicable).
Except in relation to any of your material uploaded to the Site, which you grant us a
license to deal with in accordance with our Conditions of Use, you do not have any
right, title or interest in or relating to our Site. You may not use any material on our
Site to establish, maintain or provide your own publications (including marketing or
promotional material) or Internet Site. Except in relation to the licence referred to
above, nothing in this agreement should be construed as granting any right of use in
relation to any material or trademark displayed on the Site without the express
written consent of the relevant owner.
In no circumstances will we be liable to you for any indirect, incidental, special and/or
consequential losses or damages (including loss of profits, goodwill, data or
opportunity). For products or services supplied or offered by us, our liability to you
will be limited to the amount(s) paid by you in respect of those products or services.
You agree to indemnify and hold us harmless against any expenses, costs, loss or
damage that we may suffer or incur as a result of or in connection with your use of or
conduct in connection with the Site or our agreement with you, including any breach
of the agreement by you.
You shall treat as confidential all information regarding our business or affairs that
comes into your possession as a result of or in the performance of these terms. You
must not disclose our confidential information to any third party without our written
permission, unless required to do so by law.
You may not assign our agreement with you without our prior written consent. These
terms, together with any contract between us incorporating these terms, comprises
the entire agreement between you and us and supersedes all prior understandings,
agreements or representations. No delay or waiver by us in enforcing any provision
of our agreement with you will be deemed a waiver of our rights.
If a provision in these terms or our agreement with you is or becomes invalid or
unenforceable, the validity and enforceability of the remainder of the terms and
agreement will not be affected.
These terms and our agreement with you are governed by the laws in force in
Rajkot, Gujarat and you submit to the non-exclusive jurisdiction of the courts in that
State.
