SPG Contract and Terms and Conditions of Use.
By signing up to The Search Property Group Network you agree to the following contract, membership fee, membership agreement, commission sharing agreement and terms of use.
Please note that this contract and the terms contained within is subject to change. The current valid contract will be published on the SPG website and we recommend you check regularly for amendments.
This agreement is between:
The Search Property Group LLC (The Company) owners of The Search Property Group Network (SPG). This agreement covers membership to SPG and listings and transactions of property through SPG. Separate agreements will be required for any of The Company’s other networks.
and
'The Client'
The Client
A Client may be:
- A Commercial Agent (Real Estate Agent, Mortgage Broker, Financial Advisor etc)
- An individual Owner
- An affiliate / lead referral member
Property Listing Services
- Individual Owner
The Client may list one property at any one time on the SPG database for the full term of this agreement. Properties are automatically de-listed after 6 months and must be renewed. - Agent
The Client may list unlimited properties on the SPG database for the full term of this agreement. Properties are automatically de-listed after 6 months and must be renewed. - Affiliate Member
Any Client can be an affiliate member and make use of the Search Property Group search code to generate property enquiries from their own website. A client can access the leads section of the SPG members area to manage enquiries, request commission from agents and refer enquiries to agents through our automated referral system.
Term
This agreement will last for a minimum of one year from commencement and is automatically renewable unless cancellation notice is given.
Cancellation
The client may, by giving notice in writing to SPG, cancel this agreement anytime during the first six months from commencement without notice. After the first 12 months the client may cancel the agreement by giving one month's written notice to SPG.
The Fee
- Individual Owner
- The client pays no fee to publish details of his property on the SPG website.
- In the event of a successful sale of a property as a result of a lead provided by a network member, the client hereby agrees to pay the network member 2.5% (two point five percent) of the total sale price on the date of legal completion
- Agent
- The client agrees to pay SPG a fee of €50 per month. For the first six months of this agreement the service is provided free of charge.
- In the event of a successful sale of a property as a result of an enquiry provided by another network member, the agent agrees to pay 50% (fifty percent) of the total commission due to the agent to the network member. This will be paid to the network member on the date of legal completion of the sale.
Conditions
All properties are checked before being allowed live on the network. SPG reserves the right to reject the following:
- Duplicate Properties
- Misleading Descriptions
- Descriptions including links to other websites
- Unsuitable Photography
The Network is governed by a published 'Code of Conduct' which the Client hereby agrees to abide by.
Commission Sharing Agreement
The commission sharing agreement covers all referrals of enquiries / leads between members and between SPG and members.
i Enquiry referrals between members
A member may receive an enquiry about a property listed by another agent through their website using our real estate software or through the Search Property Group search code placed on their website.
A member is also free to refer an existing client not acquired through their website directly to a member agent however this is outside the scope of this agreement.
Only referrals made through the automated process available in the leads section of our software or the leads section of the SPG members area are covered by this agreement.
SPG reserves the right to contact the buyer direct to update themselves on progress.
The listing agent or owner agrees to update SPG upon request as to the sales progress of a referred buyer.
The listing agent or owner must make payment of commissions due in full within 28 days of a sales completion.
Commission must be paid for any sale made to the referred buyer within 12 months from the date referred.
8. Terms of Use
These terms apply to all users of the spanishpropertynetwork.net website and all affiliated websites whereby a user is defined as an individual or company that is viewing, downloading, reproducing data or printing any or all pages of the website, spanishpropertynetwork.net.
By using the spanishpropertynetwork.net website you agree to be bound by these Terms of Use and by other terms in the website which relate to a particular subject matter.
Within this website there may be other terms which relate to a particular subject matter. Such terms together with these Terms of Use will apply to the use of the spanishpropertynetwork.net website.
Copying
All rights, including copyright in material and database rights in databases, in the content of spanishpropertynetwork.net web pages are owned or controlled for these purposes by SPG. Users may only view and print hard copies of this website for their own personal use. Users may not print, copy, reproduce, download, republish, broadcast, transmit, display, modify or re-use the materials from the spanishpropertynetwork.net website for any other purpose, including in particular any purpose which publicly re-sells or re-uses the materials without the express permission of SPG.
Trade Marks
The trademark ‘spanishpropertynetwork.net’ and the logo displayed in this website are trademarks of SPG Other product and organisation names mentioned in this website may be the trademark or registered trademark of their respective owners. Any goodwill in trademarks appearing in this website belongs to SPG or the relevant owner of the trademark. Nothing in this website should be taken as conferring by implication or otherwise any licence or right to use any trade mark displayed on the spanishpropertynetwork.net website without the prior written approval of the SPG or the owner of the relevant trademark.
Warranties and Disclaimers
The spanishpropertynetwork.net website and the content, names, text and images included on it are provided 'AS IS'. While reasonable care has been taken in the preparation of this website to ensure that the information contained on it is accurate, no warranty or representation of satisfactory quality or fitness for a particular purpose, non-infringement of title, whether express or implied, is given, nor is any warranty or representation given that the information, materials and software downloaded from the website are free from errors, viruses, defects or inaccuracy.
To the extent permitted by applicable laws, no liability is accepted for any direct, indirect or consequential loss or damage however resulting from the access to and use of the spanishpropertynetwork.net website and the information and materials contained on them.
Listing Rights
The SPG can not be held responsible for accuracy or legality of member agents property listings nor to the accuracy of said listings. The rights of the listing member apply under the presumed status that the member agent possesses all rights to market and/or advertise the properties which they are listing. Any member agent found listing or providing inaccurate or false information or representing information of any kind that they do not possess documented evidence of rights to do so will be stricken immediately from the spanishpropertynetwork.net website, and no refund for any monies paid will be provided. In the event whereby a particular property owner has expressed advertising / marketing rights of any kind to a multitude of agencies and/or individuals, the SPG will authorise the listing for only the first member agent. This disqualifies listing for all other member agents of this particular property until such time that the listing member agent removes the listing.
The SPG reserves the right at any time to reject listings based on premises of insufficient data, inaccurate data, data that is misrepresentative or falls under any other criteria that the SPG deems sub-value, this includes but does not limit such reasons as poor quality photography, incorrect spelling, and data entered in languages other than English.
The SPG retains the rights for any data to be provided through the spanishpropertynetwork.net website to be marketed or advertised through whatever media they so choose, and through due diligence, member agents will be informed of such prior to deployment. This includes but does not limit any submitted photography, text, or data of any kind relayed through the SPG network, including verbally or via any form of communication.
Other Websites
Links contained in the spanishpropertynetwork.net website may lead to websites not under the control of SPG and the company is not responsible for and accepts no liability in respect of the content of any linked site or any link contained in a linked site. Users link to any linked sites at their own risk.
Users shall not be entitled (nor shall they assist others) to set up links from their own websites to the spanishpropertynetwork.net website (whether by hypertext linking, deep-linking, framing, tagging or otherwise) without the prior written consent of SPG, which consent may be withheld.
Users shall not be entitled (nor shall they assist others) to set up links to their own or other websites from the spanishpropertynetwork.net website (whether by hypertext linking, deep-linking, framing, tagging or otherwise) without the prior written consent of SPG, which consent may be withheld.
Governing Law
These Terms of Use and any matter relating to the use of this website shall be governed and construed in accordance with US law. Any dispute relating the use of this website will be subject to the exclusive jurisdiction of the US courts and the state of Delaware.
Misrepresentation Act
The company gives notice that the property particulars and related information on this site, whilst believed to be accurate, are set as a general outline for guidance only. Intending purchasers or tenants should not rely on them as statements or representations of fact, but must satisfy themselves by physical inspection of the property in question or otherwise as to their accuracy. Consequently, no information displayed on this site (or any linked site) constitutes or forms part of a contract. No person in the employ of either the company or the representing agent of the property displayed has the authority to make or give any representation or warranty in relation to the property/ies. SPG displays information about properties on behalf of third parties for whom they are neither agents or representatives, and are therefore not responsible for the validity of the details relating to properties shown.
9. Code of Conduct
- Every property listed by an agent or individual on SPG will be covered by a written instruction from the owner to the agent to sell the property.
- Agents must use their best endeavours to ensure the accuracy of information on all the properties they list on SPG.
- All agreements on real estate transactions must be confirmed in writing including all the relevant terms and conditions of the transaction. A copy of the agreement must be provided to all the parties involved.
- Any monies held by agents on behalf of clients must be held in a separate fully auditable "Client Account".
- Prior to placing a new property on SPG agents must verify that no other agent has already got the same property listed on SPG.
- Agents must use their best endeavours to ensure the accuracy of property details which they are listing on SPG. Wherever possible the details should be agreed by the owner.
- Members must protect their client’s privacy, confidentiality and data and must only use information for the purpose stated at the time of gathering it.
10. Enforcement
The Search Property Group Network reserves the right to cancel or reject any member or membership application if we feel you have breached our terms and conditions or if we receive complaints of misconduct supported by evidence.
In the event of a dispute involving SPG members which cannot be settled between their selves, SPG will make the final decision that members must agree too.
