Selling Terms and Conditions
It is a requirement of the Real Estate Agents’ Licensing Act 1976 that you understand and accept our terms and conditions prior to instructing 1609 VIP EXEC LTD to list your property on our company website determined by guidelines based on the subscription package purchased.
These terms and conditions, together with the information that the Customer provides us through our website, forms the basis on which the Customer agree to appoint and 1609 VIP EXEC LTD agrees to act as your co-broking real estate listing agent to rent or sell the Property (the “Agreement”). Please note that you confirm your acceptance of these terms and conditions by ticking the “accept terms and conditions” box on our website and then clicking the “submit” button.
In these terms and conditions the following words and phrases shall, unless the context otherwise requires, have the following meanings:
“Customer” refers to the name and credentials submitted to activate an account on 1609 property.com. All customers must be 18 years or older to activate an account.
“Cancellation Fee” means the sum of any fees paid on the account from commencement to termination of the listing subscription.
“Completion Date” meaning the date of the completion of the sale of the Property between the Seller and the Purchaser;
“Property Evaluation” means the visit to the Property made by your 1609 VIP EXEC LTD representative to offer professional guidance and recommendations to list your property for rental or sale following your acceptance of the terms and conditions;
“Photography Service” means the visit to the Property made by your 1609 VIP EXEC LTD representative to take internal and exterior photographs, and drone photography if required following your acceptance of the terms and conditions;
“Tenant Screening” means 1609 property.com will conduct a background check on potential tenants to include verification of ID, verification of current address, verification of employment, verification of Bermuda Credit Association credit history, previous landlord verification check and new landlord and tenant interviews for compatibility, following your acceptance of the terms and conditions;
“Multimedia Campaign Service” means 1609 VIP EXEC LTD will include your property in a comprehensive collaborative multimedia adverting campaign which includes however is not limited to digital advertising, videography, social media, print media, direct marketing and online marking following your acceptance of the terms and conditions;
“1609 property.com.” means 1609 VIP EXEC Limited (a company registered in Bermuda) and any reference to ‘we’, ‘us’, or ‘our’ is a reference to1609 property.com;
“Trial Period” is a 7 day trial period within which the property will be marketed by 1609 property.com;
“Property” means the freehold or leasehold property to be offered for rent or sale;
“Renter” means the renter of the Property;
“Rental Price” means the final agreed rental price of the Property;
“Purchaser” means the purchaser of the Property;
“Sale Price” means the final agreed selling price of the Property;
“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 whose name is listed as such and any reference to ‘you’ or ‘your’ is to the Landlord;
“Seller” means the beneficial owner(s) of the Property or person(s) with authority of the beneficial owner(s) of the Property to sell the Property whose name is listed as such and any reference to ‘you’ or ‘your’ is to the Seller;
“Services” means the estate agency services to be provided by 1609 property.com as set out in these terms and conditions;
“Commission Fee” means the amount payable upon the rental or sale of the Property;
Unless the context otherwise so requires, references to regulatory provisions include those statutory provisions as amended or re-enacted, references to any gender includes all genders and the singular shall include the plural and vice versa.
In entering into the Agreement, you hereby warrant that you have the necessary authority, power and capacity to do so and that you are either the beneficial owner of the Property or have the authority from the beneficial owner to rent or sell the Property on these terms. You also warrant that you are not acting in a professional capacity as an estate agent or on behalf (whether as an employee, agent or otherwise) of an estate agency.
If a property offer is procured by a Customer through 1609 property.com. We shall use our reasonable endeavors to notify you of all offers we receive to purchase the Property within 24 hours.
If you accept an offer to rent or purchase the Property, we reserve the right to list the Property as ‘Rented Subject to Contract’ or ‘Sold Subject to Contract’ on 1609 property.com until the Completion Date.
Negotiations are always included, whether you have chosen our Pay Upfront, Pay Later or No Sale No Fee option.
1609 property.com will not send any direct marketing communications where you have chosen to opt-out of receiving these.
By registering your details with us, you consent to being contacted directly by 1609 property.com with reference to any offers and promotions with updates about the Property and/or our service as well as details of any other relevant or related products and services.
1609 property.com may share client data with third parties to perform services (including user profiling) on our behalf, however please note this will not permit such third parties to market directly to You. We will otherwise not pass on any client data to any third parties without consent.
Advertising, Photography and the Website
You authorize us to advertise details of the Property (including, without limitation, the address of the Property, its asking price, photographs and plans) on our website, partner websites, magazines and newspapers and in any other such media as we deem in our sole discretion reasonable in order to achieve a sale of the Property.
We guarantee that the Property will be listed on the 1609 property.com website (1609 property.com Third party website portals are subject to change, may not be controlled by 1609 property.com and we cannot therefore always guarantee continued presence on these websites. It is, however, our policy to maintain, expand and improve our property portal networks at all times.
Photography and any media we create will remain the property of 1609 property.com . Photos can otherwise be purchased for $195.
It is your responsibility to ensure that the Property is in a fit state to be photographed. For insurance purposes our photographers are not permitted to rearrange items within the Property. You must therefore please ensure that it is tidied and suitably arranged before the Photography Service.
We reserve the right to charge additional reasonable fees in respect of photography completed for your property; eg to cover travel costs for getting to your property, or where the property or properties take longer to photograph due to their size or number (ie 6 bedrooms or more or multiple properties).
In the case when we utilise photography provided by you as well as, or instead of, our own photography it must be:
- a) owned by you or you have permission to use it;
- b) of the Property; and
- c) representative of the Property’s current condition.
You may not upload any corporate or other logo, image or brand identifier to the Property description or include the same in any image you submit to us.
You may not use enquiries gained through our website to generate interest or further enquiries by any means or method for properties not listed through us.
Free Trial Period
You will be entitled to a 7 day free Trial Period. During the Trial Period you will be given access to 1609 property.com website and editing suite and display your Property for a period of 7 days. Any extra products paid for will be non-refundable.
Please note the Free trial is a trial of our marketing, this does not include negotiations, rental or sales progression, property management services, professional service as such if your property is rent or sold within the Free trial, no additional costs will apply.
Customers will not be eligible to register for a new Free Trial Subscription upon the completion of the 7day Trial until a period of six months from the completion of the initial Free Trial Subscription.
Pay Upfront Fee
The Pay Upfront Fee shall be paid once you agree to these terms and conditions, and the Free Trial Period has ended.
Subject to your right to cancel described below, if you cancel the Services at any time after the Trial Period the Pay Upfront Fee is non-refundable.
By providing your credit/debit card details you authorize us to take any payments due . You may cancel this payment authority by contacting us at email@example.com or directly with your bank, however all outstanding fees must be settled in full at such time.
If your credit/debit card details expire before the final payment is due, being the Completion Date, you should update your credit/debit card details before such date otherwise you authorize us to take all such payments before your credit/debit card expires.
Time and Payment of Fees
The Pay Upfront Fee shall be paid once you agree to these terms and conditions, and the Free Trial Period has ended.
You have the right to cancel this Agreement within the 7 days of accepting these terms and conditions without giving any reason and will be afforded the protections set out in this (Right to Cancel) and the subsequent paragraph (Effects of Cancellation). If you exercise your right to cancel outside of the 7 day cancellation period all fees owing to us will become due and payable.
To exercise the right to cancel, you must contact us at firstname.lastname@example.org. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
You may request that the Services commence during the 7 day cancellation period. If you subsequently exercise your right to cancel after services have commenced you shall pay us an amount which is in proportion to the Services provided to you until you have communicated to us your right to cancel. For the avoidance of doubt, the Property Evaluation at the property shall represent an express request for Services to commence.
Effects of Cancellation
If you cancel this Agreement within 7 days of accepting these terms and conditions, we will reimburse to you all payments received from you.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Agreement.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this Agreement, in comparison with the full coverage of the Agreement.
We are not aware of any personal interest existing between us or anyone in our employment or any connected person(s) and you, unless specifically stated elsewhere. If you are or become aware of such an interest you should notify us immediately.
We are subject to the Anti-Money Laundering and the Anti-Terrorist Financing Regulations 2008. As a result:
- a) we will ask you for such information as we require to verify your identity (or the identity of the person / entity that you represent), which must be received before we can proceed with any work on your behalf;
- b) we reserve the right to terminate our relationship with you if you fail to provide such identification or we consider that the evidence provided is insufficient to discharge our obligations under this legislation (or such similar legislation as is in force from time to time); and
- c) you acknowledge that we may also be required to provide information to the relevant authorities if we know or have reason to suspect that you (or the person/entity that you represent) are involved in money laundering.
Health and Safety
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 and that any documentation and/or measures are in place to manage any risks.
It is possible that you and/or the prospective renter or purchaser of the Property may wish to instruct us in respect of a related service. In such circumstances we or our employees may earn some form or remuneration in relation to those services. We will provide you with details of any such services rendered to the prospective purchaser of the Property if applicable.
You hereby agree to indemnify us against any and all costs, expenses or liabilities incurred or imposed on us provided that such costs, expenses or liabilities were incurred in our carrying out the range of Services which you select (from time to time) on your behalf.
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.
Neither party shall be liable under or in connection with these terms to the extent that such liability arises as a consequence of any event of circumstance or cause beyond the reasonable control of that party.
Any notice given in connection with these terms and conditions shall be in writing and may be delivered by hand, pre-paid first class post, special delivery post, facsimile or e-mail (unless otherwise notified) to, in our case, our registered address as given at the start of these terms and conditions and, in your case, to the address given when you submitted your details on the website.
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.
The Agreement constitutes the entire agreement between us and you (Landlord and or the Seller) and supersedes all prior agreements or communications between the parties. Any amendment to this Agreement will only have effect if it has been made in writing by a Director of 1609property.com.
Law and Jurisdiction
The Agreement is subject to the Bermuda Government law and shall have jurisdiction to hear and determine any action or proceedings in respect of this Agreement.
To: 1609property.com, Westbury Building 3 Laffan Street, Hamilton Bermuda HM09.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] agreement for the following service:
Name and address of customer(s):
Signature of customer (s) (only if this form is notified on paper):
[*] Delete as appropriate.