Terms for agents

1. Scope and conclusion of the contract

These terms govern the publication of property listings on homeradar24 (https://pmp.mcdizains.lv) between [COMPANY NAME] [LEGAL FORM] (the “operator” or “we”) and the business that sends the listings (the “advertiser” or “you”).

The service is intended only for traders acting in the course of their trade, business or profession when the contract is concluded. We currently accept estate agencies and brokers.

The contract is concluded when you submit an application on the For agents page, accept these terms and we send you login details or approve your data feed address. Acceptance is not guaranteed. Your own general terms and conditions do not apply, even if we do not expressly object to them.

2. Service and free of charge

We publish the listings you send on homeradar24, make them findable in search and show your contact details so that interested people can contact you directly. Publication is free of charge. We may offer paid additional services in future only under a separate agreement.

You have no right to any particular position, order or visibility. The order in search results depends on [SORTING CRITERIA, e.g. the sorting and filters chosen by the user, how recent the listing is] (Article 5 of Regulation (EU) 2019/1150). We aim to keep the service running without interruption but do not guarantee any particular availability.

3. Data delivery

You send listings in one of the XML formats we support (for example OpenImmo, Kyero or Otodom) to an SFTP account we set up for you, or as a data feed address that we fetch regularly. We import the data automatically. We may reject or ignore technically faulty or incomplete records.

Keep your login details confidential. If you suspect that third parties have obtained them, inform us immediately; we can then block them and issue new ones. You are responsible for deliveries made via your account if you are responsible for the misuse.

Keep your data feed up to date: remove sold, let or otherwise unavailable properties from it without delay, and send changes, for example to the price or availability, in good time. The portal is not intended for archiving your data.

4. Rights of use

You grant us a simple (non-exclusive), free and territorially unlimited right to use the content you send, in particular texts, photos, floor plans and other data, for the operation of homeradar24. This right covers:

• storing the content;
• processing it technically, for example resizing, converting and compressing photos;
• reproducing it;
• making it publicly available, including in search results and as preview images.

We may use technical service providers, for example a hosting provider. The right applies while the listing is published and for a short technical deletion period [PERIOD] afterwards. Apart from technical processing, we do not change the content of listings; the measures under section 8 remain unaffected. The copyright and other rights in the content remain with you or your licensors.

5. Third-party rights and contact persons’ data

You confirm that you hold all the rights needed to send and publish the content and to grant the rights under section 4, in particular the rights of photographers, authors of floor plans and people shown in photos.

If you send a contact person’s name, phone number or email address, you confirm that there is a legal basis for this under the GDPR and that you have informed the person concerned about publication on homeradar24.

6. Content requirements and mandatory information

You are responsible for the content of your listings and its lawfulness. In particular, you ensure that:

• listings contain the information from the energy certificate required by law, where the law of the country in which the property is located requires it (for example, in Germany, Section 87 of the Building Modernisation Act (GModG));
• prices and commission details are correct and complete;
• any rules on brokerage commission in lettings that apply in the country where the property is located are complied with;
• listings are not discriminatory and comply with applicable equal treatment law;
• listings contain all other information required by law.

In particular, the following are prohibited: illegal content, content that infringes copyright or other third-party rights (especially photos), misleading or false information, discriminatory content, and listings for properties that do not exist or are not actually for sale or rent. The content rules of the terms of use also apply.

7. Indemnity

You indemnify us against all claims brought against us by third parties because of your content or a breach of these terms, for example for infringement of copyright, personal rights or data protection law or for unfair commercial practices, including reasonable costs of legal defence. This does not apply where you are not responsible for the infringement. We will inform you of such claims without delay and give you the opportunity to take part in the defence.

8. Hiding and removing content

We do not check listings before publication. If we receive a report or there are otherwise grounds to believe that content is illegal or breaches these terms, we may:

• hide or remove the listing concerned;
• remove individual photos and block them from being imported again from the data feed.

We choose the measure that is proportionate in the specific case. We inform you of it by email with a statement of reasons in accordance with Article 17 of the Digital Services Act, at the latest when it takes effect, where possible. The statement of reasons sets out the measure, the relevant facts, the legal or contractual basis and how you can appeal.

You can submit a complaint to [EMAIL] within six months of the notification. We will review the decision again and reverse it if the complaint is justified; this also applies to blocked photos. We will inform you of the outcome. Your right to go to court is not affected.

9. Term and termination

The contract runs for an indefinite period. You can terminate it at any time in writing, for example by email. We can terminate it by giving 30 days’ written notice and stating our reasons (Article 4(2) of Regulation (EU) 2019/1150). Our right to terminate the contract or block individual content without notice where required by law or where you repeatedly breach these terms (Article 4(4) of that Regulation) remains unaffected. After termination, we remove your listings within [3 working days] and close your account.

10. Liability

We are liable without limitation for injury to life, body or health, for damage caused intentionally or through gross negligence, and in all cases where liability is required by mandatory law. In all other cases, our liability for slight negligence is excluded to the extent permitted by applicable law.

11. Data protection

Each party is responsible for complying with data protection requirements within its own area of responsibility. How we process personal data is explained in the privacy policy.

12. Changes to these terms

We may change these terms, for example when we introduce new features or the law changes. We will notify you of planned changes by email at least [15 days] before they take effect (Article 3(2) of Regulation (EU) 2019/1150). If you do not agree, you can terminate the contract before the changes take effect. A shorter period is possible only if the changes are urgently required by law or by the authorities.

13. Final provisions

The contract is governed by [APPLICABLE LAW, e.g. the law of the Republic of Latvia]. Disputes are heard by [COURT]. If any provision is invalid, the remaining provisions remain in force. Please send questions and complaints to [EMAIL]; you can contact us in Latvian and English.