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General Terms and Conditions for Cooperating Real Estate Agents

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1. Scope of services offered by BudapestResources

(Beginning: July 2007)

1.1 The estate agent is entitled to offer property on the internet platform of BudapestResources. The layout of the presentation of the property offered is subject to the specifications of BudapestResources. The agent may choose between an individual order or a standing order to offer property on the BudapestResources internet platform.

1.2 The agent need not do more than submit the information and photos of the property/properties (s)he wishes to list and BudapestResources will enter it on the website in corresponding format within 24 hours.

1.3 The BudapestResources.com network is normally available 24 hours a day, however it is dependent on third parties‘ technical facilities, whose operation is not in the sphere of responsibility of BudapestResources. Thus, BudapestResources takes no responsibility for uninterrupted accessibility or for continuous availability of services as a whole.

1.4 With a listing in the BudapestResources database, property of the agent is accessible to all affiliated sites of the BudapestResources network. BudapestResources fully intends to affiliate more partners to the BudapestResources network. Additionally, BudapestResources has the right to offer the listed property of the agent by other media (newspapers, mobile services, etc.). There are no additional charges to the agent for this service.

1.5 BudapestResources offers its services on a monthly basis.

2. Responsibilities of the estate agent

2.1 The real estate agent is obligated to make certain that the details of the information provided in the listing are correct. Agent has the responsibility to correct any inaccurate statements as (s)he becomes aware of them and inform BudapestResources immediately.

2.2 The estate agent must forward without delay all changes regarding the details supplied at registration to BudapestResources (info@budapestresources.com).

2.3 The estate agent agrees to supply only accurate and correct data of each listed property, giving the minimum information, such as location, size and price of the property and especially the information according to clause 4 section 2. Property offered for sale, must have at least one representative photo of the property and a floor plan should additionally be provided.

In presenting the property, the estate agent pledges to solely list pictures and graphics relating to the property. Particularly with regard to photos and floor plans, the enlistment of corporate logos, HTML-tags, Java-Script applications, domain names and the like is not permitted.

BudapestResources reserves the right to remove individual property from the database, should there be justified reason to doubt the accuracy of information or danger of prospective clients being mislead or presentation of pictures which are not property-related. The estate agent has no rights resulting from such situation.

2.4 Once the property has been sold or rented, the real estate agent must inform BudapestResources no later than 72 hours after the fact.

2.5 The estate agent releases BudapestResources from any claims of third parties resulting from any breach through aforementioned activities. This includes any costs of litigation and due process.

3. Settlement

3.1 BudestResources will adjust its prices regularly and inform the real estate agent of such adjustments at least 6 weeks prior to its taking affect. The new prices are regarded as agreed, unless the real estate agent gives a written notice to terminate the contract at least 4 weeks prior to the price adjustment taking affect.

3.2 For individual orders the estate agent may make payment through PayPal (Europe) or bank transfer.

3.3 Invoices for standing orders will be sent by post.

3.4 BudapestResources will invoice the respective monthly membership fee to the real estate agent at the beginning of the applicable month.

3.5 Invoices are to be paid immediately without deductions. Interest on late payments is 5 percentage points above the base rate of the Hungarian National Bank.

3.6 BudapestResources reserves the right to perform a credit check on its clients should it deem it necessary.

4. Data Handling: Protection and Security

4.1 BudapestResources and the real estate agent agree to observe data protection regulations.

4.2 The real estate agent agrees to his data being collected, processed and used by BudapestResources within the scope of the specified purpose of the contract. Personal details are required for issuing of invoices. The estate agent has the option of enlisting his personal contact details to interested vendors.

4.3 BudapestResources may disclose information on data to law enforcement agencies and courts of justice for the purpose of law enforcement in accordance with the applicable national law.

4.4 Should there be actual documented indication of the services of BudapestResources being misused by real estate agents, BudapestResources would then be entitled to process, use and relay to third parties these estate agents‘ personal details.

This right derives from BudapestResources' protection of prevailing interests in clarification of the facts regarding the misuse and in prosecution of the person responsible. It also applies beyond the end of use and storage where required for the clarification of facts.

5. Notice of defects

5.1 If the business relationship is a mutual trading transaction, the estate agent must examine the advertisement placed immediately after its first-time publication with regard to its accuracy and integrity and likewise report to BudapestResources immediately any possible defects.

5.2 Obvious defects are to be reported immediately after first-time publication. In the case of examination or notice of defects not having been carried out in time, the property advertisement is regarded as approved to be free of defects.

6. Blocking: extraordinary notice of cancellation

6.1 BudapestResources may block property enlisted by the estate agent without prior notice if the estate agent does not attend to his duties to co-operate, in particular those listed under number 2, or falls behind with payment of the membership fee and permits a first reminder with appointment of a date to elapse without making payment.

6.2 BudapestResources is entitled to extraordinary notice of cancellation for important reasons, in particular for misrepresentation by the real estate agent or if the real estate agent falls behind with payment of the membership fee and also permits a second reminder with appointment of a date to elapse without payment.

7. Liability

7.1 BudapestResources shall be liable to the estate agent in connection with performance of this contract only for cases of intent or gross negligence, with the exception of infringement on life, body or health and breach of essential contractual obligations. In a mutual trading transaction, BudapestResources' liability is limited to the predictable damage characteristic for the contract in case of slight negligence.

7.2 BudapestResources assumes no liability to third parties, in particular to prospective clients, property buyers and tenants, for accuracy of details or proper performance of an act of sale, tenancy agreement or real estate agent’s contract, which is the result of an offer made to advertising that appeared on the platform of BudapestResources. Should claims be made against BudapestResources by third parties in connection with details supplied by the estate agent, the estate agent pledges to indemnify BudapestResources from these claims and all costs incurred as a consequence of their defense.

8. Miscellaneous

8.1 Should any provision of the membership contract or the general terms and conditions be held to be invalid, none of the remaining provisions of the contract and the terms and conditions shall be affected. The contracting parties pledge to agree on a valid provision which economically comes closest to the intended provision.

8.2 In case of the real estate agent is a merchant the mutually agreed place of jurisdiction will be Budapest.

8.3 BudapestResources reserves the right to amend the terms and conditions for future dealings anytime.

8.4 Opposing general terms and conditions of the real estate agent only apply if BudapestResources has accepted them in writing.

8.5 The general terms and conditions also apply to all future dealings between BudapestResources and the real estate agent.

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