Terms of Service

General, area of application
Following are specified the general terms of service (ToS) of the publication of real estate for sale and/or rent offered by Buy or Sell Direct, S.L. (hereafter known as BOSD) in regards to the providers of said properties.

BOSD Services
In regards to offers, BOSD will put at the disposal of interested parties the details of the properties across the Internet. The selection of interested persons and suitable offers concerns BOSD. BOSD strives in its services to conform to technical advances and to the current market. BOSD will consider modifications of the agreed services, providing that these modifications do not affect the services base and considering the interests of the contracting party.

Provider Information
The provider promises to deliver the information regarding the offers carefully and truthfully, and to inform immediately BOSD in the event that the property should no longer be available. The provider also agrees to offer only real estate that are personally owned by said provider or for which he has the right of commercialization. The provider is solely responsible for the content and for the accuracy of the communicated details. Provider must deliver the qualities and characteristics in regards to the offered property in accordance with the truth. Provider equally agrees to not transmit details whose content may infringe on the rights of third parties (i.e. Personal rights, copyrighted material, trademarks etc.) or in contradiction to existing laws. The provider releases BOSD from all responsibility from claims that may arise from third parties in this regard. It is also understood that all legal and judicial costs are the responsibility of the provider.

Representations of the property which serve the sole purpose of calling the attention of possible interested parties are considered an abuse and will be eliminated by BOSD. The above mentioned representations include but are not limited to:

False and/or erroneous descriptions of the address of the property.

Using advertising for the provider’s business.

Attracting the attention of interested parties with false descriptions.

The mediation of the persons interested with paid telephone or Internet services.

Not Transferable and Confidential
The rights of the provider in this contract are not transferable.

The use of the information transmitted by BOSD
The provider is obligated to use the information obtained regarding the offer only as pertains to the business in particular. It is not permitted to relay the information to third parties or for other objectives.

Mailing of complementary information and complementary offers.
BOSD has the right, but not the obligation, to pass additional information to providers and interested parties as regards to the selling, buy or due rent. BOSD also has the right, but not the obligation, to assume an additional publication of the offer across real estate collaborating firms, at no charge to the provider.

Storage of Data
The information obtained by the client will be stored and used by BOSD. BOSD will respect the excellent protection of information.

Guarantee and responsibility
Rights of guarantee pertaining to BOSD are limited to the fulfillment of this contract.

Any class of indemnifications on the part of BOSD remains excluded, including inside the guarantee.

The following are exceptions,

When BOSD or its corresponding representative is responsible for caused damages.

When the obligations of the contract, essential for the target of the same, are violated.

Any time BOSD assumes a guarantee for a characteristic in particular.

For the guarantee as per the law of the product.

Payment / Retention of services
The prices of the services offered by BOSD are subject to the current price-list in the moment of contracting. In case of automatic extension of the contract, the payment is subject to the list of current prices in the moment of the extension. Payments must be made effective in the moment of reception of the invoice. In case of delay of payment or extensions, legal interest will be charged. In case of delay of payment, BOSD has the right to stop the service hired up to end of the above mentioned delay. Expenses of collection or of other expenses that could arise to BOSD will be charged.

Cancellation
Cancellations must be carried out in writing (letter or fax).

Judicial Competence
If the provider is commercial, according to the mercantile code, the jurisdiction of BOSD would be the place of jurisdiction for all the resultant differences of the application of the contract.

Modifications of the general terms of service, provisional clause
BOSD has the right to modify in any moment and without notice the general terms of service. The modified conditions will be available to the user on the Web page of BOSD under the category “Terms Of Service” two weeks before its coming into effect. If the user does not object to the new general terms of service in a period of two weeks, they will take effect. BOSD will inform, on the Web page, the user under the category of “Terms of Service” about the meaning of the term of two weeks separately.

If a clause of these general terms of service is ineffective, it will not affect the remaining clauses. The ineffective clause will be substituted for another which closely approximates the original in the most economic manner. This also applies to possible regulation spaces.

Last updated: August 2005