1. DEFINITIONS AND IMPLEMENTATION

1.1
The following definitions apply in these terms and conditions:

1.1.1
“PPC: Professional Property Connection” or “PPC” or “ppconnection.eu” is part of GIC SL established in Avda Ramón y Cajal, Nº22, 1ºA, 29640 Fuengirola, Málaga, España, with company number B93278018, as well as all its affiliated legal persons.

Also referred to in these terms and conditions as “PPC”

1.1.2
Objective: PPC offers the estate agent the opportunity to collaborate and trade directly through their software platform.

a. PPC website, information website for estate agents, which shows the operation of PPC.

Also mentioned in these terms and conditions as a PPC website

b. PPC software, a closed platform exclusively for estate agents and potential buyers of properties through our platform.

Also referred to in these terms and conditions as PPC software

Professional Property Connection does NOT act as an intermediary in any sales and in no way receives any commission with regards to the purchase and sales of properties.

1.1.3
IMMO N: Estate agents from Northern Europe, in particular Belgium, the Netherlands, England, Scotland, Wales, Northern Ireland, Ireland, Germany, Sweden, Norway, Denmark, Finland and Russia.

Immo N agents can create a completely free account with PPC and use the PPC software completely free of charge. An account and the use of the software for Immo N agents is and remains free at all time.

Immo N agents can consult the properties of Immo Z agents and send potential customers to Immo Z agents through our PPC software.

Also referred to in these general terms and conditions as “Immo N”

1.1.4
IMMO Z: Estate agents from Southern Europe, in particular Spain, Portugal, Italy and Greece.

IMMO Z agents can register for free and after registration they must select one of the proposed plans (LITE, BASIC or PRO) (for prices see Article 6.5).

Also referred to in these general terms and conditions as “Immo Z”

1.1.5
Content: All written texts, images or sound recordings present on this website, including but not limited to photos and videos with or without sound as well as musical works, and other information on which intellectual property rights of PPC and / or third parties rest.

1.1.6
Agreement: The agreement is concluded between estate agents and PPC regarding these general terms and conditions and the use of the PPC Software intended for estate agents for the purpose of managing all actions and transactions related to the properties.

1.1.7
Parties: On the one hand PPC and on the other hand every visitor to this website and Immo N and Immo Z agents.

1.1.8
Registration / registering: Creating an account through an electronic form on this website.

Immo N agents (estate agents from Belgium, the Netherlands, England, Scotland, Wales, Northern Ireland, Ireland, Germany, Sweden, Norway, Denmark, Finland and Russia) must register on ww1.ppconnection.eu.

Immo Z agents (estate agents from Spain, Portugal, Italy and Greece) must register on ww2.ppconnection.eu.

It is not allowed for estate agents to register on the other subdomains.

1.1.9
PPC Website: The PPC website is a tool that gives access to all information about the services that PPC has to offer, as well as making use of these services.

The PPC website is currently available in the following languages: Dutch, English and Spanish. Expansion of the languages follows at a later stage as stated on the PPC website.

1.1.10
PPC Software: after entering the correct login details, the estate agent enters in the PPC Software, and one can use the functionalities for managing the properties. The functionalities depend on the type of estate agent and the package chosen.

The PPC software is currently available in the following languages: Dutch, English and Spanish. Expansion of the languages follows at a later stage as stated on the PPC website.

1.2
These general terms and conditions apply to every visitor of this website, to all possible agreements and any other form of use of this website, as well as to all related agreements to be concluded by PPC with third parties or estate agents in Europe.

1.3
By gaining access to and making use of and / or registering on this website, every third party and every estate agent agrees to the application of these general terms and conditions. Registration is only possible after having indicated to be aware of the full content of these terms and conditions and also fully agreeing to the application of these terms and conditions.

2. THE AGREEMENT

2.1
After electronic registration in accordance with the provisions of these general terms and conditions, PPC grants the estate agent access to the software and the Immo Z agent is entitled to publish its properties online in accordance with the package chosen by them. The Immo N agent is entitled to consult the properties and send potential qualified customers to Immo Z agent.

2.2
Unless expressly agreed otherwise in writing by PPC, the estate agent is not permitted to give third parties access to the PPC software and / or to transfer rights or obligations under the agreement to third parties.

2.3
Without prejudice to the other provisions of these general terms and conditions, it is forbidden for third parties to gain access to the software; estate agents are only permitted to gain access to the PPC software in the manner prescribed by PPC.

2.4
PPC constantly strives for improvement and is authorized at all times to implement changes to the layout and / or functionalities of the PPC software or the PPC website.

2.5
PPC reserves the right to change these Terms and Conditions. Any changes are mentioned in the PPC website. If you continue to use PPC, you agree to the changes. Additional services may be subject to additional conditions.

3. PPC SOFTWARE

3.1
PPC will only be used for the purposes described in these General Terms and Conditions. Any other use of PPC is considered a violation of these Terms and Conditions.

3.2
A breach of these General Terms and Conditions will result in termination of the agreement and cancellation of the estate agent´s account. For any payment in arrears, see Article 6.10.

3.3
PPC is exempt of all liability in the event of system or access problems. However, PPC will take all necessary steps to avoid and solve these problems.

3.4
All user actions in PPC are registered. Estate agents give PPC permission to use these registrations for normal business operations or in the event of a dispute.

3.5
Estate agents agree not to use external software to gain access to PPC data.

4. ACCOUNT REQUIREMENTS

4.1
An estate agent affiliated with PPC must be a broker (this can be either a company or a sole trader) and must carry out its main activity in one of the countries where PPC is active.

4.2
An estate agent affiliated with PPC must comply with all legal requirements of the country in which they are established. Estate agents agree that they may be required to provide proof that they are correctly registered with the tax authorities or social security to work as a broker if PPC requests this.

4.3
Estate agents must register with a company email address that corresponds to the specified public trade name.

5. IMMO N ACCOUNT

5.1
Immo N agents have a free account with PPC.

Each agreement has a duration of 12 months and is automatically renewed for free on the due date.

5.2
Immo N agents cannot add properties to PPC.

5.3
Immo N agents can consult properties of Immo Z agents, communicate with Immo Z agents and send customers to Immo Z agents. Clients who are forwarded by Immo N agents must be qualified in advance by the Immo N agent.

In the first instance, customers cannot contact the Immo Z agent directly. Immo N agents can print a Window card of each property with their own logo.

5.4
Immo N agents receive a predetermined commission from Immo Z agents if the customer who has been forwarded by Immo N agent proceeds to purchase the property from the Immo Z agent.

5.5
Immo N agents will draw up an official invoice for their part of the sales commission and forward this invoice to Immo Z agent.

6. IMMO Z ACCOUNT

6.1
After registration, Immo Z agents must choose one of the payment plans (LITE, BASIC or PRO), as described in Article 6.5.

6.2
Immo Z agents can add properties to PPC. Immo Z agents must have all legal documents required for properties published on PPC.

6.3
Immo Z agents cannot consult properties of other Immo Z agents.

6.4
If a Immo Z agent sells a property to a customer who was forwarded to him by an Immo N agent, Immo Z agent is obliged to pay the predetermined commission to the Immo N agent.

6.5 Plans / Prices
Prices of the plans for Immo Z agent:

- LITE: 65 Euro per month
- BASIC: 105 Euro per month
- PRO: 140 Euro per month

All plans are billed annually.

All prices stated in these General Terms and Conditions, PPC website and PPC software do not include VAT.

Content of the LITE plan:
- 20 properties
- 2 Top properties
- Use of all software functions
- Use of all communication channels
- Adding offices
- Add users
- Mobile version
- 100% support
- And much more…

Content of the BASIC plan:
- 75 properties
- 5 Top properties
- Use of all software functions
- Use of all communication channels
- Adding offices
- Add users
- Mobile version
- 100% support
- And much more…

Content of the PRO plan:
- 200 properties
- 25 Top properties
- Use of all software functions
- Use of all communication channels
- Adding offices
- Add users
- Mobile version
- 100% support
- And much more…

PPC reserves the right to change the prices of the plans. In the case of current agreements, price changes will only take effect on the next annual due date. Estate agents that do not agree with the changed prices can cancel their account on the next annual due date. For new estate agents, the changed prices take effect immediately.

Estate agents based in Spain are invoiced with VAT.

Estate agents from Italy, Portugal and Greece can receive an IC invoice if they have a valid EU VAT number (check is done via http://ec.europa.eu/taxation_customs/vies/).

6.6 Discounts
Discounts can be given by PPC. Discounts are not to be combined with other discounts. The giving of discounts by PPC does not imply any obligation to give this discount in the future.

6.7 Payments
Payments are made through the secure online payment platform of MOLLIE B.V. (mollie.com), PPC does not receive any information about the payment details of the user.

6.8 Extension
Each agreement has a duration of 12 months. This only applies to Immo Z agents, for Immo N agents the PPC software is automatically extended free of charge on the due date.

The Immo Z agents can extend their plan 30 days before the annual due date.

6.9 Cancellation by Immo Z agent
The estate agent can cancel its account with PPC on the annual due date by sending an email in advance (minimum 30 days before the annual due date) to accounts@ppconnection.eu. The account is then terminated by PPC on the annual due date.

Termination does not entitle you to a refund of the amounts already paid for the current period.

No extra costs will be charged for the cancellation of the account.

6.10 Non-payment
Non-payment gives PPC the right to suspend the user's account with immediate effect and to place all properties offline and to block access to the PPC software.

If the user settles the payment in arrears within 8 days, the user's account will be unblocked, and the property will be placed online again on payment of an administration fee of 75 Euro excluding VAT.

If the user settles the overdue payment after 8 days, the account of the user will be unblocked and the properties will be put back online subject to payment of an administration fee of 180 Euro excluding VAT.

In the event of non-payment of overdue payments within 30 days, PPC is entitled to engage a lawyer and / or collection agency for the collection of all overdue payments. In addition, the legal costs and / or collection costs are payable by the estate agent plus a compensation of 10% of the total annual invoice amount, with a fixed minimum of 250 euros and a maximum of 2,000 euros per invoice.

PPC cannot be held responsible for any disadvantage suffered by the user who has failed to meet his payment obligations.

PPC can cancel or refuse an account without giving any reason.

6.11 Refunds
No refunds or credits are provided by PPC when a payment transaction has been completed and access has been granted, unless the payment was made by mistake.

There is no reason for reimbursement if the estate agent chooses not to log in or to use PPC during the paid period.

6.12 Invoicing
Estate agents with a payment plan must provide all necessary information for the invoices:

- Company name, address and CIF number (VAT number)
or
- Name of the sole trader, address and DNI or NIE

Changes to the billing information must be immediately reported to PPC.

PPC reserves the right to refuse to change invoices that have already been issued (for example, a different company name, address, etc.).

Invoicing is delivered by PPC based on the chosen plan.

7. PUBLISHING OF PROPERTIES AND COMMISSIONS

7.1
Immo Z agents can publish their properties on PPC software.

Properties must meet the following conditions:
- Being in the portfolio of the estate agent
- Do not contain false information (for example, fake photos, prices, dimensions, descriptions, characteristics or addresses)
- Have the correct cadastral reference number
- Do not contain any information to identify the estate agent or the owner of the property (for example: company names, contact names, telephone numbers, websites or other identification data)
- Do not contain information that can easily lead to a third party to go directly to the property.
- Property information must be kept up-to-date.
- Must contain at least 1 internal photo
- Photos may not contain the following elements: company name, logos, name, initials, telephone numbers, website, sale board, images of company cars, all information identifying the estate agent or the owner of the property, etc. (see article 5.3)
- Clear indication of the commission that is paid for a sale by the Immo N agent. The commission must be stated in Euros and not as a percentage of the selling price. The commission stated is based on the asking price, if the property is sold for a higher or lower amount, the commission is payable by the Immo N agent proportionally calculated by the software.

7.2
If several Immo Z agents publish the same property online, only the property with the highest commission at the Immo N agent will be visible to all Immo N agents.

7.3
If an Immo Z agent wants to publish the same property online but with a lower commission, it will only be possible if Immo Z agent can prove that it has the property in exclusivity. In this case, the same property of the other Immo Z agent will be placed offline.

7.4
It is forbidden to illegally copy property and photos of properties from other estate agents.

7.5
Each property has a "Report Abuse" button, which is accessible to Immo N agents. Every report of abuse will be handled by PPC, if PPC considers that the abuse has actually taken place, PPC will take the necessary sanctions.

8. IDEA BOX

8.1
Immo N and Immo Z agents can communicate their comments, suggestions and ideas regarding the PPC website and the PPC software to PPC through the ideas box in the PPC software.

8.2
PPC will investigate all comments, suggestions and ideas. However, PPC is not obliged to act on these comments, suggestions and ideas.

8.3
PPC informs the estate agent that has made the remark, suggestion or idea of its decision in relation to the decision to this regard.

9. COMMUNICATION CHANNELS

9.1
Immo N and Immo Z agents can use the communication channels in the PPC software to communicate with each other.

9.2
PPC recommends that Immo N and Immo Z agents only use the available communication channels in PPC's PPC software and do not contact each other directly. The history of their communication through PPC remains available for the relevant estate agent.

10. LIABILITY AND DISCLAIMER

10.1
Although PPC strives with the utmost care that the operation of the PPC website and / or the PPC software and the related services are optimally cared for and maintained at all times, PPC cannot be held liable for any errors or omissions. PPC is under no circumstances liable for damage as a result of the PPC website and / or the PPC software not working properly, unless this is due to intent and / or deliberate recklessness on the part of PPC.

10.2
PPC cannot be held liable for damage as a result of the unavailability of the PPC website and / or the PPC software or any part thereof.

10.3
PPC is not liable for damage, resulting from the non-storage or removal of content published by the estate agent on the PPC software.

10.4
PPC is not responsible for the content of third-party websites or other sources of information that are referred to through hyperlinks or otherwise or that themselves refer to the website and / or the software and is therefore not liable for damage resulting from the use of these hyperlinks and / or websites.

10.5
The total liability of PPC for possible damage suffered and / or to be suffered by the estate agent is always limited to compensation for direct damage and to a maximum amount of € 100. The liability of PPC for indirect damage, including in any case consequential damage, lost profit, lost savings, reduced goodwill, damage due to business interruption, damage as a result of claims from buyers of the estate agent, mutilation or loss of data and all other forms of damage than mentioned in the previous sections under Article 11, for whatever reason, is excluded.

10.6
A prerequisite for the existence of any right to compensation is at all times that the estate agent must report the damage to PPC in writing and substantiated with sufficient documentation and adequate evidence as soon as possible after its occurrence. Every claim for compensation against PPC expires by the mere lapse of 1 month after the claim arose. In addition, in all the cases listed below, there is no right to compensation if the cause of the damage:

a. Is caused by non-compliance with the regulations issued by or on behalf of PPC to the estate agent;
b. consists of mutilation or loss of data;
c. is caused by faulty operation of mains voltage, telecommunication or network facilities, or
d. is otherwise caused by causes not attributable to PPC, including - but not exclusively - changing legislation.

11. INFORMATION, CONFIDENTIALITY AND PERSONAL INFORMATION

11.1
An estate agent is not entitled to share internal information from the PPC software that is partly confidential regarding operation and execution as well as promotion of properties etc. to third parties.

11.2
PPC will only use the personal data provided by the estate agent to the extent necessary for the performance of its services as contained in these general terms and conditions, with due observance of the law on the protection of personal data. The personal data that PPC requests for the identification of the estate agency and / or its representatives will be used by PPC solely for the purpose of determining the identity of the providing sole trader or company and will be kept in accordance with the provisions of the law on the protection of personal data.

11.3
PPC provides appropriate organizational and security measures for the personal data of estate agents, on the understanding that there are measures with regard to registration, account and transaction data, aimed at making that data exclusively accessible in cases where this is required by law or as a result there is a need for these general terms and conditions.

11.4
With regards to the use and transaction data and other data provided to PPC, the estate agent also gives its explicit permission to PPC to use that data for a service or other messages related to the use or operation of the platform or to inform estate agents, through e-mail or otherwise, about the products and services of PPC. Furthermore, PPC will only provide the personal data of the estate agents to third parties if, and to the extent that, PPC is obliged to do so by law or a court decision.

12. CONTENT AND INTELLECTUAL PROPERTY RIGHTS

12.1
PPC has no direct influence on the content or the given opinions and views expressed within ownership pages and can never be held liable for damage caused to property and / or third parties that is the result of content that is displayed in ownership pages within the website. When publishing a property, the intellectual property rights of another person may not be infringed under any circumstances, or in any other way unlawful and / or punishable content may be displayed in a property vis-à-vis third parties. PPC does not check the content of a property prior to publishing. The estate agent understands that only they are liable for the content of the property and agrees that only they are responsible for the content posted by or on behalf of him / her and for the consequences of placing or publishing it.

12.2
Intellectual property rights of the estate agent and / or its licensors rest on the content of advertisements concerning properties. Intellectual property rights of PPC and / or its licensors rest on the entire content of the website. Unless otherwise stated, the estate agent is only entitled to view, download and / or print this information for the purpose of considering the placement of a property, and is for any other use, except to the extent a legal exception allowed prior written permission from the estate agent that has published the property and / or requires PPC.

12.3
The estate agent is not permitted to remove or change any designation that refers to the confidential nature of information, designations that refer to copyright, trademarks, trade names or other intellectual or industrial property rights of PPC.

13. GENERAL PROVISIONS

13.1
PPC has the right, without giving any reason, to refuse a property or an estate agent for use of the PPC website and / or the PPC software.

13.2
Despite the fact that PPC takes the greatest possible care to ensure the accuracy of the PPC website, PPC cannot give any guarantees with regards to the accuracy of the information on the PPC website and / or PPC software and its suitability for a specific purpose.

13.3
PPC has the right to change these terms and conditions at any time and, in the event of changes, make a new version of these terms and conditions available on the PPC website.

13.4
If any provision of these terms and conditions is void or is voided, the remaining provisions of these terms and conditions will remain in full force.

13.5
PPC is entitled to transfer its rights and obligations under the agreement to a third party in the context of the full or partial transfer of its business activities to that third party, to which the estate agent already cooperates in advance.

13.6
Only the Spanish law applies to the agreement and all related agreements between the parties. All disputes arising from the agreement and all related agreements will be submitted exclusively to the Spanish territorial court in Málaga, which has exclusive jurisdiction, unless another court has jurisdiction under mandatory law.

These conditions are subject to printing errors.

Applicable is the latest version at the time of the conclusion of the agreement.

These terms and conditions were last amended on February 17, 2020 and are known under "Terms and Conditions"

Professional Property Connection