General Conditions

Before You agree to sell, rent, manage or buy Your Property with Us, We need to make sure that You understand and accept these terms and conditions. If You have any questions relating to these terms and conditions then please contact Us either by calling Us on : +41 22 860 27 30 or writing to Us via email at : info@properfees.com.

To agree to the following terms and conditions, You must be the beneficial owner of the Property being sold, rented or managed or have the permission of the beneficial owner to sell, rent or manage the Property. You also cannot be an estate agent operating on behalf of the beneficial owner.

These terms and conditions, together with the information that You provide Us when registering for any of Our Services, Products, Pack, Packages and/or Extras form the basis on which You agree to appoint Us, and We agree to act, as Your estate agent to sell, rent, manage or buy the Property (the “Agreement” or the “Contract”).

If the Seller, Landlord, Tenant or Buyer is more than one person, each person shall have joint and several liability under this Agreement, which means each person who is a Seller, Landlord, Tenant or Buyer is responsible for fulfilling his or her obligations under this Agreement individually and together.

When We use the words “writing” or “written”, this includes emails and messages sent through Your online Account.

1. FEES PAYABLE TO PROPERFEES

All Our Fees, costs and charges are inclusive of VAT (currently 7.7%) unless otherwise stated. Where VAT is applicable, this will be paid to Us, regardless of whether You live in Switzerland or elsewhere.

Dual Fee liability may occur where You seek to instruct another estate agent to sell the Property. If You have signed an agency agreement with another estate agent but You sell Your Property through Us, You may still be liable to pay the other agents commission if the other agreement is a sole or exclusive agency agreement.

At the signing of the Contract, You will be required to pay Us the Upfront Fees, Extras, Renting Fees, Property Management Fees and/or Taylor-made Services requested, additional marketing services, other complementary services and/or the “Upgrade” of Your Package, within 15 days, date on which the Agreement enters into force. You will benefit from Our Services upon receipt of payment.

The following terms and conditions apply to each of the Services, Products, Packages and/or Extras Properfees provides:

A.1. SELLING FEES (for a selling price up to CHF 2’999’999.-)

a. Upfront Fee

For marketing Your Property.

Subject to these terms and conditions, this Upfront Fee is payable upfront and is a non-refundable charge.

• Starter Package – You have agreed to pay the Upfront Fee of CHF 3’000.- for Our Services on the date You entered into the Agreement. It is possible to pay this Upfront Fee in three monthly instalments, the first payment of CHF 1’000.- shall be paid on the month You entered the Agreement, the second payment of CHF 1’000.- shall be paid the following month You have entered the Agreement and the third payment of CHF 1’000.- shall be paid the third month You have entered the Agreement.

• Essential Package – You have agreed to pay the Upfront Fee of CHF 1’500.- for Our Services on the date You entered into the Agreement. It is possible to pay this Upfront Fee in two monthly instalments, the first payment of CHF 750.- shall be paid on the month You entered the Agreement and the second payment of CHF 750.- shall be paid the following month You have entered the Agreement.

• Classic Package – You have agreed to pay the Upfront Fee of CHF 2’000.- for Our Services on the date You entered into the Agreement. It is possible to pay this Upfront Fee in two monthly instalments, the first payment of CHF 1’000.- shall be paid on the month You entered the Agreement and the second payment of CHF 1’000.- shall be paid the following month You have entered the Agreement.

• Premium Package – You have agreed to pay the Upfront Fee of CHF 2’500.- for Our Services on the date You entered into the Agreement. It is possible to pay this Upfront Fee in two monthly instalments, the first payment of CHF 1’250.- shall be paid on the month You entered the Agreement and the second payment of CHF 1’250.- shall be paid the following month You have entered the Agreement.

b. Success Fee

Fee payable if We sell Your Property.

By agreeing to these terms and conditions, You are authorising the notary to pay the Success Fee outstanding to Us at the Completion Date out of the proceeds of the sale of Your Property. If at any point You become aware that there might not be sufficient funds to pay the Success Fee, You need to tell Us immediately, and You will be responsible for paying it directly to Us on the Completion Date.

• Basic Package – There is no Success Fee to pay on the Completion Date. You only pay the Upfront Fee described in this clause on the terms set out in this clause.

• Essential Package – The Success Fee of CHF 6’000.- will only be payable if Your Property sells. The Success Fee is payable if We introduce You to a Buyer, even if the sale completes after the Agreement period has ended. Likewise, if We have introduced You to a Buyer who goes on to complete the purchase of Your Property, the Success Fee of CHF 6’000.- will still be due, even if You cancel our Agreement.

• Classic Package – The Success Fee of CHF 6’500.- will only be payable if Your Property sells. The Success Fee is payable if We introduce You to a Buyer, even if the sale completes after the Agreement period has ended. Likewise, if We have introduced You to a Buyer who goes on to complete the purchase of Your Property, the Success Fee of CHF 6’500.- will still be due, even if You cancel our Agreement.

• Premium Package – The Success Fee of CHF 7’000.- will only be payable if Your Property sells. The Success Fee is payable if We introduce You to a Buyer, even if the sale completes after the Agreement period has ended. Likewise, if We have introduced You to a Buyer who goes on to complete the purchase of Your Property, the Success Fee of CHF 7’000.- will still be due, even if You cancel our Agreement.

c. Extras

• You can purchase Our Services named as Extras in addition or to complete the chosen Package. The Extras You can choose from are:

• Accompanied Viewings – 1 Accompanied Viewing for CHF 150.-, 5 Accompanied Viewings for CHF 625.- or 10 Accompanied Viewings at CHF 1’000.-.
• Advert on all Major Portals – CHF 500.- for a period of 6 months.
• Photo Editing – 4 photos for CHF 50.- or 8 photos for CHF 100.-.
• Floorplan (max. 6 bedroom and max 3 storey) – 1 floorplan for CHF 100.-.

• Additional costs and expenses may also apply if additional marketing services are required, or if You elect to “Upgrade” Your Package or if You require certain marketing services and other services.

• If You have ordered any additional services from Us, You must pay for these on the same date You pay for the chosen Package or, if later than the date You order the chosen Package, the date You order them.

• Subject to these terms and conditions, the Extras are payable upfront and are a non-refundable charge.

A.2. SELLING FEES (for a selling price starting CHF 3’000’000.-)

Properfees Exclusive offers a range of unlimited Services for properties staring price CHF 3’000’000.-.

Some Services included in Properfees Exclusive are unlimited (unlimited visits, unlimited publication time on property portals, unlimited photography and photo editing), during the term of our Agreement or until the property is sold.

Subject to these terms and conditions, the Upfront Fee (including VAT), which is mentioned below, is payable upfront and is a non-refundable charge.

The Success Fee, which is mentioned below, is 1% of the agreed selling price between the parties + VAT and is due to Us if We sell the Property.

a. Upfront Fee – You have agreed to pay the Upfront Fee of CHF 5’000.- for Our Services on the date You entered into the Agreement. It is possible to pay this Upfront Fee in four monthly instalments, the first payment of CHF 1’250.- shall be paid on the month You entered the Agreement, the second payment of CHF 1’250.- shall be paid the following month You have entered the Agreement, the third payment of CHF 1’250.- shall be paid the third month You have entered the Agreement and the fourth payment of CHF 1’250.- shall be paid the fourth month You have entered the Agreement.

b. Success Fee – The Success Fee is 1% of the sale price agreed between the parties, plus VAT (currently at 7.7%). The Success Fee will only be payable if Your Property sells. The Success Fee is payable if We introduce You to a Buyer, even if the sale completes after the Agreement period has ended. Likewise, if We have introduced You to a Buyer who goes on to complete the purchase of Your Property, the Success Fee will still be due, even if You cancel our Agreement.

By agreeing to these terms and conditions, You are authorising the notary to pay the Success Fee outstanding to Us at the Completion Date out of the proceeds of the sale of Your Property. If at any point You become aware that there might not be sufficient funds to pay the Success Fee, You need to tell Us immediately, and You will be responsible for paying it directly to Us on the Completion Date.

B. RENTING FEES

a. The Renting Fees of CHF 250.- includes the following Renting Services:

• Advert on Our Website until the Property is rented
• Photography of the Property and photo editing (max. 4)
• Full Property description
• PDF renting brochure
• Viewings Requests Management

b. Subject to these terms and conditions, the Renting Fees of CHF 250.-, is a non-refundable charge that shall be paid on the date You entered into the Agreement. These fees are per Property and is payable upfront.

c. Where You have opted for optional Services named as Extras then, in addition to the Renting Fees, the Extras will also be due in one single upfront payment. The Extras You can choose from are the following:

• Valuation – CHF 80.-
• Tenant referencing – CHF 90.-
• Move-in inspection – CHF 150.-
• Move-out inspection – CHF 150.-
• Deposit and liability insurance check – CHF 50.-
• Accompanied Viewings:

• 1 Accompanied Viewing for CHF 80.-
• 5 Accompanied Viewings for CHF 250.-
• 10 Accompanied Viewings for CHF 400.-

• Adverts on all Major Portals:

• 1 month for CHF 90.-
• 3 months for CHF 250.-
• 6 months for CHF 500.-

• Photo Editing:

• 4 photos for CHF 50.-
• 8 photos for CHF 100.-

• Floorplan (max. 6 bedroom and max. 3 storey)

• 1 floorplan for CHF 100.-

d. You may purchase Extras at any time during a Tenancy of the Property on request to Us.

C. PROPERTY MANAGEMENT FEES

a. Subject to these terms and conditions, the Property Management Fees of CHF 950.-, is a non-refundable charge that shall be paid upfront and on the date You entered into the Agreement.

b. The Property Management Fees is per Property and per year.

c. The Property Management Fees of CHF 950.- include the following Property Management Services:

• Maintenance and repairs planning and follow-up
• Home insurance referral
• Mortgage guidance

D. BUYING FEES

a. There is no Buying Fee to pay for appointing Properfees for Buying Services to find You a suitable property to purchase.

b. There is no Buying Fee to pay if you want to appear as a Registered Listed Buyer on Our Website.

c. To benefit from Our Services and become a Registered Listed Buyer on Our Website, You have agreed to sign an exclusive search mandate with Us.

2. OUR WEBSITE, ADVERTISING AND PHOTOGRAPHY

a. We will advertise Your Property for sale and/or for rent (including the address for renting the Property, asking price, photographs, and floor plans) on Our Website, partner websites, in magazines and newspapers, and anywhere else We feel will lead to a sale and or a rent of Your Property. This may include advertising outside Switzerland. You agree to Us providing information about You and the Property to these third-party websites.

b. We will list Your Property for sale and/or for rent on Our Website until the Property is sold and/or rented.

c. The Property for sale will be listed on all major portals for a period of 6 months (for the Starter Package, Essential Package or Classic Package), and a period of 12 months (for the Premium Package and Properfees Exclusive).

d. Third party website which We use, such as property portals, are subject to change and may not be controlled by Us. We cannot therefore always guarantee continued presence on these websites.

e. It is Your responsibility to ensure that the Property is in a fit state to be photographed and visited. For insurance purposes our agents are not permitted to rearrange items within the Property. You must, therefore, please ensure that it is tidied and suitably arranged before the Home Visit.

f. Once the agent is booked for the Home Visit of the Property, You must provide at least 1 working day notice of any cancellation or changes to the agreed date and time. A fee of CHF 150.- can incur in connection with the cancellation or change to the appointment if You do not give at least 1 working day notice.

g. If Your Property is particularly remote, We may need to charge You reasonable travel costs to get there. Likewise, if Your Property takes longer to photograph, to do a move-in inspection and/or to do a move-out inspection due to its size or if there are multiple properties, We may charge an additional fee. Any additional charges will be notified to You when You sign up for the Services.

h. Any photography and any media We crate will remain the property of Properfees unless otherwise purchased by You for CHF 100.-.

i. You are not permitted to pass, for their use or use on Your behalf, any login details We supply to You as part of the Services, to any person who acts in a professional capacity, including but not limited to any estate agent or letting agent.

j. We regularly update Our Website and may change the content from time to time. Our Website may not always be completely up to date, and We are not obligated to update it. We cannot guarantee it will be free of errors.

k. You may not use the information obtained by Us on Potential Buyers of Your Property to offer them other potential properties for which We do not have the mandate.

l. If You are a Tenant or lessee You must make certain that:

• The intended unfurnished/furnished letting is permitted by Your lease; and
• Your superior Landlord’s written permission, if necessary, has been obtained for sub-letting. If in doubt, refer to the lease or Tenancy Agreement.

m. If You are a Seller, You hereby warrant and covenant that You have the necessary authority, power and capacity to enter into this Agreement (including the consent of the other legal owners of the Property); and that You are the legal and beneficial owner of the Property or has the authority from the beneficial owner to sell the Property on the above terms.

3. MARKETING PERIOD

a. Subject to the terms set out in this clause, if You chose to cancel our Agreement at any time, We will remove Your Property from Our Website, portals and other advertising mediums.

b. The Marketing Period on Our Website, for properties that are for sale and/or for rent, will end when the Property is sold and/or rented and/or if our Agreement is cancelled and/or when our Agreement has expired.

c. You agree to cooperate with Us in connection with the sale and/or rent of Your Property and to provide such information as We may reasonably request in connection with the Property within a reasonable time of Us asking for it.

A. SELLING – Marketing Period on property portals and other advertising mediums:

a. The Marketing Period on property portals and other advertising mediums will vary depending on the chosen Package:

• Starter Package – 6 months
• Essential Package – 6 months
• Classic Package – 6 months
• Premium Package – 12 months

b. For Properfees Exclusive, the Marketing Period on property portals and other advertising mediums will end when the Property is sold and/or if our Agreement is cancelled and/or when our Agreement has expired.

c. Before the end of the Marketing Period on property portals and other mediums, You will be asked if You want to extend the Listing by purchasing our “Adverts on all Major Portals” for a period of 6 months at CHF 500.-. If You choose to purchase Our “Adverts on all Major Portals”, You will beneficiate from the lower rates that We have to publish on property portals.

B. RENTING – Marketing Period on property portals and other advertising mediums:

a. The Marketing Period on property portals is not included in the Renting Fees of CHF 250.-.

b. You may purchase Our “Adverts on all Major Portals” for a period of:

• 1 month at CHF 90.-,
• 3 months at CHF 250.-, or
• 6 months at CHF 500.-.

c. If You choose to purchase Our “Adverts on all Major Portals”, You will beneficiate from the lower rates that We have to publish on property portals.

4. ACCOMPANIED VIEWINGS AND VIEWINGS REQUEST MANAGEMENT

Depending on the chosen Package and/or whether the Property is for sale or for rent, Accompanied Viewings and/or Viewings Request Management may or may not be included.

If Viewing Request Management is included in Your Package, We will notify You by email or through Your Account when a potential Buyer or Tenant wants to view Your Property. We will provide You with the name and contact details of the potential Buyer or Tenant who wish to view the Property.

If Accompanied Viewings are included in Your Package and/or You have purchased the Accompanied Viewings Extras, You will be notified of the name of the potential Buyer or Tenant who will view the Property.

Accompanied Viewings are arranged and conducted by a Properfees agent at Your Property. The agent will arrange with the prospective Buyer or Tenant a date and time to view the Property and will conduct the viewing.

If You cancel or rearrange the Accompanied Viewing on less than 1 working day notice then We reserve the right to charge Our reasonable costs in rescheduling.

Viewing Requests will be sent to You by email by a Properfees agent. You and the prospective Buyer or Tenant will arrange a date and time to view the Property. The viewing of the Property will be conducted by You.

Any viewings that are arranged by You with the potential Buyer or Tenant are Your responsibility to accompany or make arrangements to accompany on the day of the viewing.

A. SELLING – Accompanied Viewings and Viewing Request Management:

a. Starter Package – Accompanied Viewings ang Viewing Request Management are not included in this Package. You may purchase our “Accompanied Viewings” at :

• CHF 150.- for 1 Accompanied Viewing,
• CHF 625.- for 5 Accompanied Viewings, or
• CHF 1’000.- for 10 Accompanied Viewings.

b. Essential Package – Viewing Request Management is included in this Package. Accompanied Viewings are not included in this Package. You may purchase additional “Accompanied Viewings” at :

• CHF 150.- for 1 Accompanied Viewing,
• CHF 625.- for 5 Accompanied Viewings, or
• CHF 1’000.- for 10 Accompanied Viewings.

c. Classic Package – Viewing Request Management is included in this Package. Accompanied Viewings are included in this Package. You may purchase additional “Accompanied Viewings” at :

• CHF 150.- for 1 Accompanied Viewing,
• CHF 625.- for 5 Accompanied Viewings, or
• CHF 1’000.- for 10 Accompanied Viewings.

d. Premium Package – Viewing Request Management is included in this Package. Accompanied Viewings are included in this Package. You may purchase additional “Accompanied Viewings” at :

• CHF 150.- for 1 Accompanied Viewing,
• CHF 625.- for 5 Accompanied Viewings, or
• CHF 1’000.- for 10 Accompanied Viewings.

For Properfees Exclusive, Accompanied Viewings are unlimited and will end when the Property is sold and/or if our Agreement is cancelled and/or when our Agreement has expired.

B. RENTING – Accompanied Viewings and Viewing Request Management:

a. Viewing Request Management is included in the Renting Fees of CHF 250.-.

b. Accompanied Viewings are not included in the Renting Fees of CHF 250.-. You may purchase our “Accompanied Viewings” at:

• CHF 80.- for 1 Accompanied Viewing,
• CHF 250.- for 5 Accompanied Viewings, or
• CHF 400.- for 10 Accompanied Viewings.

5. OFFERS AND NEGOTIATIONS

a. Depending on the chosen Package, We confirm that (unless instructed to the contrary in writing by You, the Seller) We will forward to You promptly and accurately in writing (which includes email correspondence), all offers from prospective Buyers within 2 days of receipt.

b. Depending on the chosen Package and once the sale has been agreed, Properfees shall prepare and send out all necessary documents on Your behalf and on behalf of the prospective Buyer(s) of Your Property to the notary involved in the sale of the Property, set up an appointment at the notary, review draft contract, accompany both parties at the notary and/or hand keys on Completion Date.

c. You may elect whether to accept an offer, reject an offer, reject and negotiate or, depending on the chosen Package, Your agent will negotiate an offer on Your behalf.

6. CANCELLATION AND REFUNDS

a. Should You wish to cancel or withdraw any Services, Packages and/or Extras You have ordered, You may do so at any time.

b. However, once You have purchased any of Our Services, Products, Pack, Packages and/or Extras that require upfront payment, we are entitled to retain the Upfront fees. They will not be refunded to You even if the Services included within the Upfront Fees have not been provided in full or part as at the date of cancellation.

c. You may ask Us to remove Your details from Our Website at any time, but You will not be entitled to any refund.

d. Once You have asked Us to remove Your details from Our Website then We will not be able to re-instate them without payment of an additional fee.

e. If You sell the Property to a Buyer introduced by Us, the Success Fee will become due and payable by You in full even if the sale occurs after the end of the Agreement. You agree to notify Us in the event of any such property sale. For the purposes of these terms and conditions, a “Buyer introduced by Us” is anyone who We have directly introduced to You as a potential Buyer or who has viewed the Property.

7. OUR RIGHTS TO END THE AGREEMENT

a. We may terminate the Agreement without liability at any time in the event that You fail to make any payment when it is due and You still do not make payment within 14 days of Us reminding you that payment is due.

b. We may terminate the Agreement without liability at any time in the event that You have provided Us with any false or misleading information concerning the Property and its sale.

c. We may terminate this Agreement without liability, within a reasonable time of Us asking for it, if You do not provide Us with information that is necessary for Us to supply the Services or comply with Our legal obligations.

d. We may terminate this Agreement and remove the Property advert on Our Website and other third-party websites without liability, within a reasonable time, if You unreasonably refuse to facilitate the access and/or viewings of the Property for Us to supply the Services, and/or if We are unable to make contact with You for a period of one month.

e. We reserve the right to terminate the Agreement at any time on the provision of 30 days prior written notice to You for any reason.

f. We reserve the right to immediately terminate this Agreement at any time on provision of written notice in the event that You breach any of its terms.

g. If We end the Agreement in the situations set out in clause 7, We may charge you reasonable compensation for Our losses and the net costs We will incur as a result of Your breaking the Agreement. If We need to use legal representatives or collection agents to recover monies due, You will be required to pay all reasonable costs and disbursements that We incur relating to Your late payment.

8. HEALTH AND SAFETY AND UNOCCUPIED PROPERTY

a. Properfees does not accept responsibility for the maintenance or repair of unoccupied Property.

b. It is important that any viewings or visits to the Property are conducted safely. It is essential that We are notified of and provided with all relevant information relating to health and safety.

c. It is Your responsibility to ensure that, where the Property is unoccupied, the Property is adequately secured, mains services are turned off, water and heating systems are professionally drained and suitable insurance cover is put in place. You will be responsible for all maintenance at the Property and We accept no liability or responsibility for it during the term of this Agreement.

9. EXCLUSION AND LIMITATION OF LIABILITY

a. Any financial or investment advice provided by Properfees is general advice and does not take into account the individual circumstance of the Seller, Tenant, Landlord and/or Buyer or the Sellers, Tenants, Landlords and/or Buyers objectives, financial situation or needs.

b. Use of Our Website shall be at Your sole risk and We will not be liable to You for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of or reliance on any content displayed on Our Website; or
• use of, or inability to use, Our Website; or
• any inaccuracies contained on Our Website relating to Your Property or otherwise.

c. We are also not responsible for any computer viruses or any other harmful technology issues You experience that result in loss or damage while using Our Website. Use of Our Website is subject to our Privacy Policy, Cookie Policy and Terms and Conditions Policy which are all available to view on Our Website.

10. LANDLORDS AND TENANTS DISPUTES

a. Any dispute that arises between You and a Tenant will be resolved solely by You and the Tenant. We are not responsible and shall have no liability for any disagreements or disputes that may arise before, during the course of, or following the expiry of the Tenancy.

11. COMPLIANCE

A. It is an offence for an agent to make inaccurate or misleading statements about Your Property (be they written or verbal), including through the sales and/or lettings particulars, adverts and other marketing, photographs and floor plans. This includes anything that might give the wrong impression about a Property and includes omitting facts. This means that:

a. You are responsible for providing Us with accurate information about the Property and must tell Us immediately if there is any inaccuracy or misleading information in Our sales and/or lettings particulars, adverts or any other information that We provide to prospective Buyers, Tenants, and/or their representatives about the Property. We will ask You to verify certain information and require You to assist Us to the best of Your knowledge, having made reasonable enquiries where necessary;

• You will be responsible for any loss, damage or costs We have to pay in the event that You provide incomplete, incorrect or misleading information;
• You shall inform Us immediately of any changes in the information that You provide in respect of the Property; and
• We reserve the right not to publish any information that You provide.

B. All information on Our Website and provided to potential Buyers, Tenants and Sellers directly cannot be guaranteed by Us and does not form part of any contract.

12. CONSENT TO USE PERSONAL INFORMATION

a. When You agree to use Our Services, You agree that We may use information You give Us, including information about yourself, for the purposes of performing Our obligations to You.

b. We will use the personal information You provide to Us:

• to supply Our Services to You;
• to process Your payment for the Services.

c. We will only give your personal information to third parties in order to provide the Services under this contract.

d. We reserve the right to check the land registry to verify if the Seller is the rightful owner of Property.

13. DATA PROTECTION

a. We undertake to comply with the General Data Legislation in all our dealings with Your personal data.

14. GENERAL TERMS

Indemnity
You hereby agree to indemnify Us against any and all reasonable and direct costs, expenses or liabilities incurred or imposed on Us provided that such reasonable and direct costs, expenses or liabilities were incurred in Our carrying out the range of Services, Pack, Packages and/or Products which You select (from time to time) on Your behalf.

Assignment
You are not entitled to assign, sub-contract or otherwise dispose of any of Your rights or obligations under this Agreement without Our prior written consent.

Force Majeure
Neither You nor We shall be liable under or in connection with these terms and conditions to the extent that such liability arises as a consequence of any event of circumstance or cause beyond the reasonable control of that party.

Notices
Any notice given in connection with the Agreement shall be in writing and may be delivered by hand, by post or e-mail (unless otherwise notified) to, in Our case, Our office address (Properfees, Route de Sous-Moulin 43E, 1226 Thônex – Switzerland) and, in Your case, to the address given when You submitted Your details.

Any notice or communication shall be deemed to have been received if sent by email, at 9.00am on the next business day after transmission.

This clause does not apply to the service of any proceedings or other documents in any legal action, or where applicable, any arbitration or other methods of dispute resolution.

Severance
If a court rules that any provision of these terms and conditions is invalid or unenforceable, this will not affect the rest of the Agreement, which shall remain fully in force.

Rights of Third Parties
This Agreement is between You and Us. No other person shall have any right to enforce any of its terms.

15. APPLICABLE LAW

The present general conditions are governed by the Swiss law. If any part of these general conditions is declared void by a court, this will not affect the validity of the remaining provisions of the general conditions.

16. COMPLAINTS PROCEDURE

a. We aim to offer You the best possible service, but there may be occasions when You feel You have cause for complaint. If so, We will always try to clarify the situation and deal with any issues quickly and efficiently.

b. To inform Us of an issue, You can do so by email : info@properfees.com or by post : Properfees, Route de Sous-Moulin 43E, 1226 Thônex – Switzerland.

17. CANCELLATION FORM

To: Properfees, Route de Sous-Moulin 43E, 1226 Thônex – Switzerland

Email: info@properfees.com

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale for the supply of the following services / pack / packages / products:

Name and address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):
Date:

[*] Delete as appropriate.

18. DEFINITIONS AND INTERPRETATION OF WORDS AND PHRASES USED IN THESE TERMES

In these terms and conditions, the following words and phrases shall have the following meanings:

“Accompanied Viewings” means the viewings which will be conducted by Us to prospective Buyers or Tenants of the Property;

“Account” means Your dedicated Account for which We have given You (or You have chosen) a username and a password, which enables You to access Your Platform;

“Advert” means how Your Property is to be displayed in advertising and marketing as part of Our Services, Products, Pack, Packages, and/or Extras;

“Advertising Fees” means any advertising Fees, costs and charges that are not included as part of Our Services, Products, Pack, Packages, and/or Extras, including but not limited to upgrades and additional fees payable for marketing following the Marketing Period;

“Adverts on all Major Portals” means the advertisement of Your Property on the following property portals: www.homegate.ch, www.immostreet.ch, www.comparis.ch, www.portia.ch, www.home.ch, https://casa.raiffeisen.ch/fr;

“Agreement or Contract” means this document, including any annexure to it together with any specific information about You and Your Property;

“Applicable Laws” includes any requirement of any statute, rule, regulation, proclamation, order in council, ordinance or bylaw;

“Appoint” means You have appointed Us to market, advertise, sell, rent and/or manage Your Property and have or will take advantage of Our Services, Products, Pack, Packages and/or Extras; and/or You appointed Us for Our Buying Services to find You a suitable property to purchase;

“Buyer” means the Buyer or potential Buyer of the Property, and/or a Buyer who appoints Us to buy a property, and any reference to “You” or “Your” is to the Buyer;

“Completion Date or Completion or Completed” means the date on which the sale/purchase of the Property between the Seller and the Buyer occurs;

“Exchange Date or Exchange” means the date at which contracts for the sale/purchase of the Property between the Seller and the Buyer are formally exchanged;

“Extras” means the additional Service, Product, Pack and/or Package You wish to purchase in addition or independently to the other chosen Service, Product, Pack and/or Package;

“Fee or Fees” together the Upfront Fee, Selling Fees, Rental Fees, Property Management Fees, Success Fees, Extras and any amounts You pay for any selected Services, Products, Pack, Packages and/or Extras and for all other Services provided by Properfees;

“Home Visit” means the visit to the Property made by one of Our agents to create the full Property brochure (photographs, description and/or floor plans), following Your acceptance of these terms and conditions;

“Landlord” means the beneficial owner(s) of the Property or person(s) with authority of the beneficial owner(s) of the Property to rent the Property and any reference to “You” or “Your” is to the Landlord;

“Marketing Period” means the duration Your Property is published on Our Website, property portals and/or other advertising mediums from the date of the Agreement;

“On the market” means that Your Property is being listed on Our Website, property portals and/or third-party websites;

“Services or Products or Pack or Packages” means the supply of any of the following as detailed on Our Website : Starter Package, Essential Package, Classic Package, Premium Package, Extras, Accompanied Viewings, Adverts on all Major Portals, Renting Services, Property Management Services;

“Properfees or We or Us or Our” means Properfees, Route de Sous-Moulin 43E, 1226 Thônex – Switzerland;

“Property” means the entire Property to be offered for sale, for rent or to be managed by Us in accordance with these terms and conditions;

“Published or Publication” means that the Property has been displayed as for sale or for rent on any portal and/or Our Website;

“Registered Listed Buyer” means that as a potential Buyer and/or a Buyer, You can register Your property search to be published on Our Website anonymously;

“Seller” means the beneficial owner(s) of the entire Property or person(s) with authority of the beneficial owner(s) of the Property to sell the Property and any reference to ‘You’ or ‘Your’ is to the Seller;

“Success Fee” means the amount payable to Us upon the sale of the Property;

“Tenant” means any Tenant or Tenants of the Property and any reference to “You” or “Your” is to the Tenant;

“Tenancy” means the period that the Tenant remains in occupation of the Property;

“Upgrade” means You have selected to upgrade a Package;

“Viewing Request Management or Viewing Request(s)” means the requests that We receive by potential Buyers or Tenants to view the Property;

“Website or Our Website or Properfees Website” means www.properfees.com and all domain extensions;

“Working Day” means a day other than Saturday, Sunday or a public holiday.

2 November 2018