CONTRACT on the provision of services on a public offer basis
1. GENERAL PROVISIONS AND TERMINOLOGY
Contractor means Realting Limited Liability Company, being the legal owner of the Realting.com platform, represented by the commissioner REALTING d.o.o. Budva, which is a legal entity under the laws of Montenegro, with its registered office at: Montenegro, Budva, Zanadski centar b.b., 85310, registration number 03417018
«REALTING» d.o.o. Budva (hereinafter referred to as the «Commissioner») is a person authorized by the Contractor to enter into this Contract in accordance with the contract No. 2407/2022 of 04/27/2022. The provision of services under this public contract is carried out by Realting LLC by providing customers with access to the Realting.com platform.
Realting (Realting.com) platform (website) means a website owned, controlled, maintained and managed by Realting Limited Liability Company.
Realting LLC and/or «REALTING» d.o.o. Budva neither (re)sell real estate properties nor provide real estate broker services.
Realting International Affiliate Sales System means a private part of the Realting platform where participants (real estate brokers, development, brokerage, consulting companies, law firms, etc.) interact on the sale/lease of real estate, specify amount of the affiliate commission, and can receive information about the affiliate commission accrual by the Customer and/or other participants of the Realting International Affiliate Sales System.
Rules for cooperation and terms and conditions of participation in the Realting International Affiliate Sales System mean a set of rules binding on all Participants of the Realting affiliate sales.
Request of the Realting International Affiliate Sales System’s Participant means a statement of interest in purchasing the Customer’s real estate unit received from the Realting International Affiliate Sales System’s Participant (a real estate broker, a brokerage company, etc.) through Realting.com website (platform).
Direct request means a statement of interest in purchasing/renting the Customer’s real estate unit received through Realting.com website (platform) from a Customer (an individual or a legal entity) where this Customer is not a participant of the Realting International Affiliate Sales System.
Customer registration means the process of filling out of the registration form on the Website that, once approved by the Contractor, leads to assignment of relevant login and password to the Customer to be used for the access to the Contractor’s Website and personal page of the registered Customer.
Agency fee (brokerage commission) means a commission received by the Customer for services provided for the real estate unit sale (or other services). An agency fee is specified by the Customer when listing the real estate unit (services) in the Realting International Affiliate Sales System.
Affiliate commission means the percentage of amount of the agency fee (brokerage commission) received by the Customer in relation to the completed transaction with real estate unit at the request of another Participant of the Realting International Affiliate Sales System for the Customer’s real estate unit/service to be transferred to another Participant of the Realting International Affiliate Sales System. An affiliate commission is specified by the Customer when listing the real estate unit/service in the Realting International Affiliate Sales System.
Customer means (a) legal entity (real estate, brokerage, development, consulting agency, law firm, etc.) which, in accordance with the legal requirements of the country of its incorporation and operation, has the right to perform activities related to the provision of legal, real estate services and/or construction of facilities and/or is the owner of real estate unit (a person who has been authorized by the owner in accordance with the law to manage/sell/advertise the real estate unit owned by the owner), and entered into this Contract and lists the real estate units for sale/lease/provision of related services on the Realting.com platform; (b) natural person or individual entrepreneur, who, in accordance with the legal requirements of his/her country of residence (place of permanent residence/registration or domicile) has the right to perform activities related to the provision of legal, real estate services and/or construction of facilities and/or is the owner of real estate unit (a person who has been authorized by the owner in accordance with the law to manage/sell/advertise the real estate unit owned by the owner), and entered into this Contract and lists the real estate units for sale/lease/provision of related services on the Realting.com platform.
Affiliates mean participants of the Realting International Affiliate Sales System cooperating with each other to make affiliate sales.
Advertisement means text and images, other information posted on the Website describing a real estate unit or service of the Customer.
Customer page means text and images posted on the Website, other information, describing experience and qualification of the Customer.
Images mean photos (profile pictures), photos/images attached to Advertisements, photos/images added.
Additional functionality means special (additional) features (capabilities) to create, modify, manage, promote, etc., the Customer’s information on the Realting Platform (Website) Realting.com.
Payment plan means a system of payment rates for providing access to the Realting Platform (Website) Realting.com for a certain period at the Customer’s choice, within the framework of which the Customer has the right to use additional functionality of the Realting Platform (Website) Realting.com within the scope specified in the price list.
Basic access to the Platform means the Service of the Contractor, where a personal account is created and the Customer’s information can be published on the Platform.
Enhanced access to the Platform means the Service of the Contractor, where the Customer is provided with the enhanced access to the Platform with the possibility to use the Additional functionality in accordance with the approved rules constituting an integral part of this Contract.
2. SCOPE OF THE CONTRACT
2.1. The Contractor undertakes to provide services upon request of the Customer for granting the Customer basic access to the Realting.com Website (Platform) with the possibility of listing the Customer’s information online on Realting.com Website (Platform) and other information and technical resources at the discretion of the Contractor (hereinafter, unless otherwise specified herein, the «Services») , and the Customer undertakes to accept the Services provided by the Contractor and pay for them in the manner and under the terms and conditions specified in this Contract.
Under this Contract, the Contractor shall be entitled to provide to the Customer additional fee-based services stipulated by this and other binding documents of the Platform subject to the Customer’s assignment to provide the respective additional fee-based services. The list of additional fee-based services that are subject of this Contract, the term of their provision shall be agreed by the parties by selecting the respective additional fee-based service by the Customer on the Platform.
Activation of additional fee-based services is carried out on the initiative of the Customer by selecting (ordering) it on the Platform and making full payment of its cost in accordance with the Price list. The obligation of the Contractor to provide additional fee-based services to the Customer shall arise at the time of their order and payment by the Customer in full, in accordance with the procedure provided by this Contract.
2.2. This Contract constitutes a public contract, under which the Contractor undertakes to provide the services for the benefit of each Customer that orders the services from the Contractor.
The present Contract is made with the Customer on behalf of Realting LLC represented by the Commissioner. At the same time, the direct relationship to provide services hereunder (provision of access to the Platform) shall arise between Realting LLC and the Customer.
2.3. Communication of the text hereof to the Customer on the Website constitutes a public offer of the Contractor, based on which the Contractor will enter into Contract with any Customer who agrees to enter into it.
2.4. This Contract shall be entered into by Customer’s accession to this Contract, i.e. through Customer’s acceptance of this Contract in its entirety without any conditions, deletions or reservations.
2.5. Customer registration and/or money transfer from the Customer to the Contractor for the services provided and/or login and password use for the first personal account login shall mean an unconditional consent of the Customer with all the provisions hereof and unconditional acceptance of its terms and conditions with commitment to comply with all obligations imposed on the Customer hereunder. The fact of the Customer Registration and/or money transfer from the Customer to the Contractor and/or use of login and password to log in the personal account for the first time shall constitute the full and unconditional acceptance hereof, ignorance of which shall be of no excuse.
2.6. If the Customer does not agree to comply with this Contract, it must not register on the Website or pay for (including through making advance payment) and/or use the services of the Contractor.
2.8. Where necessary, and without contradicting the terms of this Agreement, the Customer and the Contractor may at any time execute this Agreement in the form of a bilateral written document.
The terms of this Contract shall not apply to Customers who have entered into a separate contract with the Contractor under any other conditions than specified herein.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. A person willing to become the Customer shall undergo the registration procedure on the respective Website page. When registering the account, the Customer undertakes to provide in the registration form (questionnaire) the true, complete and correct information about itself and update it from time to time in order to keep it up-to-date and complete. The Customer will ensure that no information about its identity/name is misleading for the Contractor and/or other users of the Website. The Customer also undertakes not to list on the Website any residence or registered addresses, phone numbers, e-mail addresses, passport/registration details, or other information of any third parties without their prior written consent. Should the Customer fail to specify the correct e-mail address, the Contractor shall be entitled to refuse providing services to the Customer unilaterally and without judicial procedures.
3.3. The Customer acknowledges that any actions performed on the Website after the Customer Registration are considered the Customer’s actions. The Customer shall be fully liable in accordance with this Contract and current legislation for any actions committed by it using its account, as well as for any actual or possible consequences of such use.
3.4. When undergoing the registration procedure, the Customer agrees to receive information messages to the e-mail address or mobile phone number specified during the registration.
3.5. The Customer is not entitled to transfer, assign, sell, make available for use, etc. its login and password used to access the Website to any third parties without the Contractor’s consent. In case the login and password are given to any third party, all liability for the actions of such third party shall be borne by the Customer
3.6. Access to the Website and other Contractor’s services can be denied to the Customer that is in breach hereof either permanently or temporary.
3.7. The Contractor shall:
3.7.1. provide services to the Customer within the scope and timeframes stipulated by this Contract;
3.7.2. ensure the availability and correctness of displaying on the Internet of the Customer’s information listed on Realting.com website (platform), in the Realting International Affiliate Sales System and other information and technical resources of the Contractor throughout the validity term of this Contract;
3.7.3. provide the Customer with telephone, e-mail and other type of consultations regarding the issues that the Customer may have in connection with the provision of services;
3.7.4. ensure confidentiality of information provided by the Customer, except for cases where provision of third parties with access to the information is essential for the provision of services or is mandatory by virtue of the requirements of international law and the laws of the Contractor’s country;
3.7.5. within 3 business days of the date of receipt of the Customer’s comments, in accordance with the procedure provided for in clause 3.10.7 of this Contract, consider these comments and, if they are reasonable, agree with the Customer on the time limits for remedial actions.
3.8. The Contractor shall be entitled to:
3.8.1. suspend or terminate provision of services, or refuse to perform this Contract unilaterally in case of the Customer’s failure to fulfill its obligations hereunder, including in terms of providing accurate and complete information on the Contractor’s resources, payment for services of the Contractor, or if the Customer violates the terms and conditions for listing the information on the Contractor’s resources set forth in the rules of the Realting.com platform use;
3.8.2. refuse the Customer to list information on Realting.com website (platform) and other information and technical resources of the Contractor, block information listed by the Customer, as well as to remove such information in cases provided for in the Rules for cooperation and terms and conditions of participation in the Realting International Affiliate Sales System;
3.8.3. keep information about all the Customer’s connections to Realting.com website (platform), the Realting International Affiliate Sales System, and other information and technical resources of the Contractor, including IP addresses, cookies, and addresses of the requested pages, if such information was obtained during the provision of services
3.8.4. not to accept for consideration any Customer’s claims submitted with a missed deadline, within which such claims may be brought (clause 3.10.7 hereof).
3.8.5. impose any restriction unilaterally and without judicial procedures on the Customer’s use of the Website and introduce any amendments to the terms and conditions hereof. Information on such amendments shall be published by the Contractor on the Website and sent in the newsletters. The Customer’s consent to use the Contractor’s Website after any amendments to the Contract shall mean its consent with such amendments and/or modifications.
3.8.6. post advertising and/or other information in any Website section without the need to agree it with the Customer.
3.8.7. moderate all advertisements, offers, images, and remove them from the Website at any time without giving a reason.
3.9. The Contractor reserves the right to:
3.9.1. amend or remove any information published on the Website, suspend, restrict, or terminate the Customer’s access to the Contractor’s services at any time for whatever reason at its own discretion.
3.9.2. unilaterally and extrajudicially remove from its servers any information or materials that, in the Contractor’s opinion, are unacceptable, undesirable or in violation of this Agreement
3.9.3. at its own discretion, develop referral systems, promotions and bonus programs to improve services, which will be regulated by separate documents posted on the platform.
3.9.4. provide additional paid services to Customers, the ordering of which may be stipulated by separate documents posted on the platform.
3.9.5. unilaterally make any changes and amendments to any documents posted on the platform and governing the operation of the platform, referral systems, special offers and bonus programs, additional fee-based services, the availability of which is provided for in separate documents, etc.
3.10. The Customer shall:
3.10.1. comply with the terms and conditions of this Contract, the Rules for cooperation and terms and conditions of participation in the Realting International Affiliate Sales System, as well as pay the Contractor for the services provided by the Contractor in the manner, amount and within the time limits specified herein;
3.10.2. timely provide the Contractor with necessary information in accordance with the requirements set forth on the Realting.com platform at: https://realting.com/account/documents.
3.10.3. not use the services to disseminate information the content of which contradicts the norms of international law, the laws of the country of incorporation or activity of the Customer, or the laws of the country of the Contractor.
3.10.4. ensure the safety and confidentiality of the proprietary information received from the Contractor (links, names, surnames and access passwords, mobile phone numbers and email addresses of the Contractor’s specialists, etc.);
3.10.5. not take any actions aimed at undermining network security or interrupting the operation of Realting.com website (platform), the Realting International Affiliate Sales System and other information and technical resources of the Contractor;
3.10.6. not use the Contractor’s services to commit actions aimed at undermining network security and interrupting the operation of software and hardware on the Internet, as well as network attacks against any resources available through the Internet;
3.10.7. notify the Contractor by email if there are claims to the scope, quality, date of the Customer’s information listing, other claims to the Customer’s information listing, to the email: [email protected], or to the address of a responsible person of the Contractor within twenty-four (24) hours of the listing of this material;
3.10.8. provide the Contractor with documents and other evidence confirming the Customer’s rights to the information being disseminated in case of third parties’ claims against the Contractor regarding the information listed by the Customer;
3.10.9. respect the copyright and related rights to information, photos or other images, means of individualization (brand names, trademarks / service marks), domain names, uploaded to the Realting.com platform;
By carrying out the above actions, the Customer warrants, guarantees and agrees that it is the holder of the copyright to these information and photos/images, or has documents confirming the rights to list them. Uploading of such information, photos or other images is a confirmation of the Customer’s consent for the use of uploaded photos/images, text information on Realting.com website (platform), in promotional materials and publications (posted online and offline), as well as in any other way at the Contractor’s discretion;
3.10.10. transfer to the Contractor a non-exclusive, unrestricted, irrevocable, unconditional and perpetual right and permission to use, reproduce, display, copy, distribute, license, transmit, translate into foreign languages and list textual information and photos/images in any manner at the discretion of the Contractor. When uploading photos/images, the person uploading the photo(s) assumes full legal and moral responsibility for all legal claims from third parties related to the publication and use of photos/images on Realting.com website (platform) and in the Realting International Affiliate Sales System.
3.10.11. provide accurate and up-to-date information in advertisements, as well as to comply with all legal requirements applicable to the procedure of posting such information, as well as to its content.
3.11. The Customer shall be entitled to:
3.11.1. require the Contractor to provide proper services;
3.11.2. use additional functionality of the Platform in the manner prescribed by this Contract and other binding documents of the Contractor;
3.11.3. order additional fee-based services, where necessary;
3.11.4. receive consultations from the Contractor by phone, email and other means on the issues arising in connection with the provision of services;
3.11.5. purchase additional fee-based services in the manner prescribed by this Contract or other binding documents of the Platform.
4. SERVICE PRICE AND PAYMENT PROCEDURE
4.1. The Customer shall pay for the services in accordance with the applicable pricelist of the Contractor listed on the Website accessible by link https://realting.com/info/pricelist and forming an integral part of this Contract, as well as in line with the terms and conditions hereof.
4.1.1. The Price List may contain an option for the Customer to purchase additional fee-based services, in the manner and within the timeframe set forth in this Contract, as well as in other binding documents of the Platform.
Additional fee-based services shall be provided by the Contractor under this Contract at the Customer’s request (choice) in the manner prescribed herein.
4.1.2. The Contract currency and payment currency for the Customers under the Contract is EUR.
4.1.3. The approximate total cost of provided (supposed to be provided) services under this Contract shall not exceed 30,000 EUR. In the event that the cost of the services provided (supposed to be provided) under this Contract exceeds (reaches) the limit set out in this clause, the Customer shall notify the Contractor to conclude an separate contract.
4.2. The Customer may pay for the advertising services of the Contractor through one of two following options:
4.2.1. The first option is payment as per the price list (https://realting.com/info/pricelist) for providing access to the Platform for a certain period, depending on the Payment plan chosen by the Customer. In this case, the payment for the Services shall be made in advance.
If the Customer chooses this payment option, the Customer shall have the right to use the Additional Functionality subject to the purchase of Enhanced Access to the Platform.
4.2.2. The second option is payment for the Services after the transactions have been actually completed through the Platform, particularly in cases where such transaction has been made under direct requests received by the Customer from the Realting.com Platform.
The amount of payment for providing access to the Platform after transactions under direct requests received by the Customer from the Realting.com platform have been actually completed shall make:
— for real estate agencies: 10% of agency commission;
— for developers: percentage of cost of the development project sold, as indicated in the Personal Account;
— for consultants: 10% of the consultant’s commission.
In this case, the payment shall be made by the Customer within 30 calendar days from the date of receipt of the commission from the transaction or the value of the development project to be sold (meaning receipt in part or in full).
A successfully completed transaction is the one that pays the Customer a commission/price of a sold development project on sale/lease or provision of service to a client that came through а request on https://realting.com/, regardless of whether the specific unit was purchased/leased or whether another unit was sold/leased to the same customer or another service was provided in the process of the transaction.
If the Customer chooses this payment option, the Customer shall have the right to use the Additional Functionality subject to the purchase of Enhanced Access to the Platform.
4.2.3. The fact of choosing the first payment option described in clause 4.2.1 is the transfer of funds to the account of the Contractor in accordance with the price list specified in clause 4.2.1. In this case, the validity period of the service is determined by the selected Payment plan.
The second payment option stipulated in clause 4.2.2. of this Contract is available only in case the Customer is a legal entity.
4.2.4. Using the Realting platform by a corporate Customer without transferring funds to the Contractor’s account in accordance with the price list specified in clause 4.2.1, or using the platform after the end of the paid period, shall mean the acceptance of the second payment option described in clause 4.2.2. In case of the Customer’s failure to pay for the Services under this Contract in the manner stipulated by clause 4.2.1. hereof, the Contractor shall have the right to suspend the provision of Services until the Customer makes the payment in the manner stipulated by this Contract.
4.3. When using the Realting International Affiliate Sales System, payment for the Services shall be made by the Customer as provided for in this clause.
For all transactions effected through the use of Realting.com affiliate sales system, the Customer shall pay for the advertising services of the Realting Platform in the amount of 10% of the Affiliate Commission which is to be paid to the Affiliate. In this case, the payment to the Affiliate shall be reduced by the value of services provided by the Realting.com Platform. The Customer shall notify the Contractor no later than 7 days after the transaction is made. In this case, payment shall be made by the Customer no later than thirty (30) calendar days from the receipt of the commission from the transaction.
Affiliate may use the Additional Functionality only subject to the subsequent purchase of Enhanced Access to the Platform.
4.4. In case the Customer has chosen the second payment option, then upon changing the status of the transaction to «Transaction completed successfully» ( transaction carried out by the Customer on direct requests received by the Customer from Realting.com platform) the Customer generates a report in the personal account, which specifies the amount payable, which the Customer is obliged to pay in the manner set out in this Contract.
4.5. The Customer, regardless of the selected method of payment for the Services, shall have the right to access the Additional functionality by activating the Enhanced access to the Platform by purchasing (ordering) the relevant additional fee-based service in the Customer’s personal account on the Platform. The content, term of provision of access to Additional functionality and other conditions shall be defined in the relevant section of the personal account.
Any additional fee-based services to the Customer, including the provision of Enhanced Access to the Platform, shall be provided only after they have been paid in full, unless otherwise provided for in this Contract or in other binding documents of the Platform.
Extended access to the Platform shall be provided in accordance with the Rules for Use of Additional Functionality of the Realting (Realting.com) Platform (Site), which shall constitute an integral part of this Contract.
4.6. The provision of services to the Customer hereunder shall be confirmed (documented) by the Service Completion Certificate, which shall be drawn up and signed solely by the Contractor in accordance with the requirements of the law. The form of such Certificate shall be approved by the Contractor and shown in the Customer’s personal account.
In this case, the Contractor shall execute the relevant Certificates on service completion hereunder on a monthly basis (when paying for services according to the procedure set forth in clause 4.2.1. hereof) stating there the last day of the month during which the services have been provided to the Customer, or within five (5) banking days from the date of payment for the services in accordance with the procedure set forth in clause 4.2.2. hereof.
4.7. The Customer unconditionally acknowledges that if, within ten (10) calendar days upon execution of the unilateral Certificate of services completion hereunder by the Contractor and/or within ten (10) calendar days from the end of the reporting period, the Customer fails to file any claims in writing regarding the services provided by the Contractor in the reporting period, this will be considered as the Customer’s explicit acknowledgement of the fact that the services provided by the Contractor in the reporting period have been provided completely, in a due and timely manner.
4.8. All costs associated with money transfer to the Contractor’s account shall be paid by the Customer.
4.9. Payment for the Services under this Agreement shall be made only in cashless form, using the methods provided for by the rules of the Platform. When making a payment, the payer shall be obliged to specify information that allows attributing the payment to a specific Customer by/for whom the payment is made.
5. PROCEDURE OF CONNECTING TO THE REALTING PLATFORM AND UPLOADING ADVERTISEMENTS
5.1. Uploading of advertisements to the Realting.com platform can be done in three main ways upon agreement with the Customer: 1) manually using the personal account on Realting.com, 2) through XML or API 3) through automatic copying from the Customer’s website.
5.2. When connecting the Customer (a legal entity) to the Realting platform, and upon successful registration of the Customer on the Platform according to the established procedure, the Contractor shall ensure the creation of a page for the Customer’s company in https://realting.com/agencies or https://realting.com/developers or https://realting.com/immigration-consultants section (where appropriate).
5.3. After creating the page on Realting.com, the Customer can place a button on its website with a link to its page on the Realting.com platform. The instruction about how to set up the button can be found at https://realting.com/partnerpagelink.
5.4. When placing advertisements on the Platform, the Customer shall comply with legal requirements, not violate the rights and legitimate interests of third parties, norms of morality and decency, prevent unfair or inappropriate advertising, etc.
5.5. Customers are not allowed to place advertisements that are not in compliance with the law, and in case such an advertisement is detected, it shall be immediately removed from the Platform. The Contractor reserves the right to moderate and delete any information on the Website.
6. RULES OF AFFILIATE TRANSACTION PERFORMANCE WITH USE OF REALTING PLATFORM TOOLS
6.1. All the Affiliates, platform participants, are obligated to specify the Affiliate Commission amount for their advertisements listed in the system in their personal accounts. Only professional real estate market participants who signed the contract with the Realting platform can see the Affiliate commission.
6.2. Upon receipt of requests from affiliates for the purchase/lease of real estate units, the Customer guarantees commission payment to all the affiliates who sent to the Customer the information about potential clients through a Realting platform request in the amount indicated as of the time of request acceptance.
The Customer shall pay Affiliate commission directly to Affiliates, with the deduction of the cost of the Realting services.
6.3. The Affiliate commission shall be paid to the Affiliates only after completing the transaction and receiving the commission for sale/lease of a unit or provision of service by the Customer.
6.4. The Customer shall be entitled to receive a commission from the affiliates when sending a request to the affiliates through the Realting platform. In this case, the commission shall also be paid only after affiliates have completed a transaction and received their commission, and if the request from the Customer to the Affiliate arrives through the Realting platform and is accepted for processing by the Affiliate.
6.5. The Contractor undertakes to provide technical capacities to send requests between affiliates within the Realting platform and keep the request history.
6.6. When paying the affiliate commission to the Affiliate, the Customer shall also pay for the Realting platform services as prescribed by clause 4.3. of this Contract.
6.7. In the event the Customer has given no response to or rejected a request received by it via the Realting platform within four (4) days, the Contractor shall inform the Customer who sent the request about the rejection or non-consideration of the request, and may offer to consider other advertisements posted on the Realting platform.
6.8. More detailed information about the rules of interaction between the Customer and affiliates in terms of affiliate sales can be found in the «Rules for cooperation and terms and conditions of participation in the Realting International Affiliate Sales System» at https://realting.com/doc/partner-rules.pdf.
7. LIABILITY OF THE PARTIES
7.1. In the event that either Party to this Contract has suffered losses as a result of the other Party’s failure to perform or improper performance of its obligations hereunder, the Party in default shall be obliged to reimburse the documented losses to the non-breaching Party.
7.2. The Contractor shall be released from liability for failure to perform or improper performance of its obligations under this Contract in the event that such failure or improper performance are connected with:
7.2.1. routine or off-schedule replacement, repair or adjustment of equipment, software or other works caused by the need to maintain the functionality or improve the software and hardware of the Contractor, provided that a prior notice is given to the Customer at least one day before doing so, and in case of off-schedule replacement, repair — without notifying the Customer;
7.2.2. an action or omission of third parties, or with non-operability of telecommunication channels, data transmission networks, information resources or services, or accidents (malfunctions) in power grid or computer networks outside the Contractor’s own resources, or on the operation of which the Contractor has no influence;
7.2.3. presence of errors or malicious components in the software used on the servers of the Contractor or other Internet servers, as well as in the software used by the Customer;
7.2.4. non-observance of confidentiality of its accounting data or other confidential information by the Customer, or unauthorized access by third parties to the Customer’s technical or information resources.
7.3. The Contractor shall not be held liable for the content of information provided by the Customer, as well as for the content of information on the Customer’s technical and information resources.
7.4. The Customer shall bear sole and absolute liability for any actions taken by the Customer when using the Internet, Realting.com platform, other information resources or services of the Contractor, as well as for the consequences of such actions.
7.5. The Customer shall bear sole and absolute liability for any, including unauthorized, actions of third parties resulting from the Customer’s non-observance of confidentiality of its accounting data or other confidential information, as well as for the consequences of such actions.
7.6. The Customer shall bear sole and absolute liability for possible infringements of intellectual property rights and violation of current legislation related to the fact of listing of the information provided by the Customer on the Internet on the information and technical resources of the Contractor.
7.7. The Contractor shall not be responsible for the communication of the Customer with other persons who list information on Realting.com website (platform), in the Realting International Affiliate Sales System, and other information and technical resources of the Contractor, as well as with visitors of these resources, including receiving/transmitting messages, other information, the content of these messages, and other information. The Contractor gives no guarantee regarding the conclusion of any contract by any persons with respect to advertisements posted on Realting.com website (platform), in the Realting International Affiliate Sales System and other information and technical resources of the Contractor.
7.8. The Customer shall reimburse the Contractor for all losses (including penalties) incurred by the Contractor in connection with listing of the Customer’s information that does not comply with the legislation. Such losses shall be reimbursed within five (5) business days after receipt of the relevant claim of the Contractor.
8. FORCE MAJEURE
8.1. The Parties shall be released from liability for non-performance or improper performance of their obligations hereunder if this has been caused by force majeure events, namely: flood, fire, earthquake, other natural disasters, acts of public authorities and administration, war or military actions that have emerged after the effective date of this Contract, other force majeure events provided that the Parties could not foresee and/or prevent their occurrence.
8.2. In case of force majeure events that impede the performance of obligations under this Contract, the term for execution of obligations by the Parties shall be extended for the period equal to that during which such events will remain in force, and for the period required to remedy their consequences, but not longer than thirty calendar days
8.3. When the force majeure event continues for a period exceeding one specified in clause 8.2 hereof, or when, upon its occurrence, it becomes evident to both Parties that the event will continue for a longer period, the Parties shall discuss the alternative ways of the Contract performance or its termination without compensation for damages.
9. AMENDMENT AND MODIFICATION OF THE CONTRACT
9.1. Any amendments and/or additions to this Contract shall be introduced by the Contractor’s decision unilaterally and without judicial procedures. The effective date of such amendments and/or additions hereto shall be the date specified by the Contractor therein, which, however, can be no earlier than the date of publication thereof on the Website.
9.2. The text of amendments and/or additions to this Contract or new version hereof shall be communicated by the Contractor to the public by posting the relevant information on the Website and in newsletters.
9.3. If the Customer does not agree with the amendments and/or additions to this Contract, the Customer shall have the right to terminate this Contract by notice to the Contractor of its refusal from further Contractor’s services, as well as of unacceptance of the amendments and/or additions made, or non-accession to the new version of the Contract, or its refusal from complying with the terms and conditions thereof.
9.4. The Parties agree that silence (having no written notices of Contract termination or non-acceptance of individual provisions of the Contract, including changes in tariffs) is acknowledged as consent and accession of the Party to the new version of the Contract, to the version of the Contract as amended and/or modified.
10. NOTICES AND NOTIFICATIONS
10.1. The Parties have agreed that they recognize the validity of texts and documents relating to the Customer’s information listing on Realting.com platform on the Internet and/or other information and technical resources of the Contractor and/or any third parties, transmitted from @realting.com domain to the Customer’s e-mail address specified at the time of Customer Registration equally with the documents executed in writing on paper, except for cases when the execution of documents in hard copy is mandatory due to the requirements of this Contract.
10.2. The Parties unconditionally agree that all correspondence, notices and notifications received at the email addresses specified in this Contract as the details of the Parties, as well as information provided in the Customer’s personal account in the Realting International Affiliate Sales System, shall be deemed to have been duly delivered to the addressee. The Parties shall check the correspondence incoming at their addresses, including e-mail addresses, in a timely manner.
10.3. The Customer agrees to receive emails from the Realting.com platform, employees of the Contractor, as well as third parties who are affiliates of the Realting.com platform, users of the platform by direct requests, which can be sent after the conclusion of the Contract.
10.4. All risks associated with the onset of adverse effects due to non-compliance with the requirements of clause 10.2. of this Contract shall be borne by the Party in breach.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. All software necessary to provide services to the Customer, as well as intellectual property rights (including copyright and related rights) to the content, information and materials listed personally by the Contractor on the Realting.com platform, shall belong to Realting Limited Liability Company upon listing this information on the platform.
11.2. The Contractor reserves the exclusive right of ownership, use and disposal (all intellectual property rights) (design style (including functionality)) of the Realting.com platform, on which the service is offered (including feedbacks and translated content). It is prohibited to copy, read/collect/analyze data automatically or using the programs, create (hyper/external) links, publish, promote, market, integrate, use, combine, or otherwise utilize any information or photos/images listed on the Realting.com platform (including any of its translations and feedbacks of visitors) and trademarks without the express written approval of the Contractor.
Such information posting must be accompanied by the link to the Realting.com platform’s data source.
12. MISCELLANEOUS PROVISIONS
12.1. The Parties undertake to resolve all disputes and disagreements related to this Contract through negotiation.
12.2. Pre-trial procedure for resolving disputes is mandatory. The term for resolving disputes is 10 business days of the receipt of the claim by the other Party.
12.3. In the event that the Parties fail to settle all disputes in the manner prescribed in clauses 12.1 and 12.2. hereof, all disputes arising out of this Contract, including those related to its conclusion, amendment, termination, binding effect, invalidity, shall be resolved through legal proceedings at the location of the Respondent. The applicable law in the dispute shall be the substantive law of the Contractor.
12.4. This Contract and relations between the Contractor and the Customer are governed and construed in accordance with the laws of the Contractor’s country. Any matters not covered by this Contract shall be regulated in accordance with the laws of the Contractor’s country.
12.5. If any terms of this Contract are invalid or unenforceable for whatever reason, this shall not affect the validity and enforceability of the remaining provisions hereof.
12.6. This Contract with respect to each of the Customers shall become effective on the date of the Customer’s actions specified in clause 12.7. hereof and shall be valid until 31.12.2023 or the end of the Customer’s use of the Contractor’s services for provision of access to the Platform (whichever of the dates comes first). If at the end of the calendar year the Customer continues to use the Contractor’s website and/or services of the latter, this Agreement shall be considered to be renewed for the next calendar year under the same conditions.
12.7. The time of acceptance of the terms and conditions of this Contract by the Customer and the time of execution hereof shall be whatever comes first: either the time when the Customer starts using the Contractor’s Website, including Customer Registration, or the time when the Customer transfers advance payment to the Contractor for the services provided by the Contractor under this Contract.
12.8. This Contract shall be deemed to have been executed in writing when the actions provided for in Section 2 of this Agreement have been performed.
12.9. The Parties acknowledge the validity of this Contract, as well as of documents and annexes hereto made for the purpose of performance hereof, sent by facsimile and/or e-mail that allows establish with certainty that the document originates from the Party to the Contract, as well as of facsimile representation of signature using the means of mechanical or other copying, or any other analogue of a handwritten signature on the Contract and other documents made for the purpose of performance hereof, until the original copies are provided.