GENERAL TERMS AND CONDITIONS
FOR REAL ESTATE AGENTS
Article 1 – Introductory Provisions and Definitions
1.1 Reas Czech Republic s.r.o., with its registered office at Ostrovní 126/30, Nové Město, 110 00 Prague 1, Company ID: 05344948, registered in the Commercial Register maintained by the Municipal Court in Prague, File No. C 262244 (hereinafter referred to as the "Provider"), operates the online platform Becsüljük. These General Terms and Conditions (hereinafter referred to as "GTC") govern the rights and obligations of the Provider and the User.
1.2 For the purposes of the GTC, the following definitions apply:
- "Platform" – the Provider's online system accessible via a web application and other channels specified by the Provider;
- "User" – a natural or legal entity conducting business that has registered on the Platform and accepted the GTC;
- "Agent" – a User who is a natural person engaged in real estate brokerage as a regulated trade pursuant to Czech Act No. 455/1991 Coll. and Czech Act No. 39/2020 Coll.;
- "Advertiser" – a User who places an Order for advertising;
- "Pricing Plan" (membership) – a package that specifies the scope of Services and payments. The Provider shall disclose the terms and conditions of the Pricing Plan no later than in the Order; the terms and conditions of the Pricing Plan in effect as of the date of the Order, or in the case of a free Pricing Plan, as of the date of its activation, shall become part of the Agreement. A "Paid Pricing Plan" means a Pricing Plan associated with any payment;
- "Order" – an action activating a Paid Pricing Plan, advertising, or the provision of Leads; it becomes binding upon submission;
- "Services" – the Platform's features and services provided within the scope of the selected Pricing Plan, including, where applicable, advertising or the provision of Leads;
- "Lead" – a business opportunity consisting of contact information for a prospective client interested in real estate services, made available or provided to the Agent by the Provider; the provision of Leads, the Commission Share, and related penalties are governed by separate Terms and Conditions for the Provision of Leads;
- "Transaction" and "Agent's Commission" – have the meanings set forth in the Terms and Conditions for the Provision of Leads;
- "Provider's Fee" – a collective term for payments under the selected Pricing Plan and for the Provider's monetary claims under the separate terms and conditions of individual Services (in particular, a Commission Share on Leads).
Article 2 – Agreement and Account
2.1 Registration on the Platform and confirmation of consent to the GTC shall create a framework agreement on the use of the Platform between the Provider and the User (hereinafter referred to as the "Agreement"); the User represents that they enter into the Agreement solely in the course of their business activities and are not a consumer. The Agreement is free of charge until the User selects a Paid Pricing Plan or advertising via an Order, or until the Agent orders the provision of Leads.
2.2 The Provider logs the moment consent is granted as well as the submission of the Order, including the timestamp, IP address, and GTC version; the record serves as proof of receipt of the GTC and of the conclusion of the Agreement.
2.3 The User shall provide truthful and up-to-date information in their user account, protect their login credentials, and be responsible for all activity carried out under their account. The User shall not allow any third party to access their account or the Services, and shall not tamper with the Platform without authorization.
Article 3 – Platform
3.1 The Provider makes the Platform and Services available to the User to the extent specified in the selected Pricing Plan, "as is". The Platform's availability may be temporarily limited, particularly due to maintenance or technical intervention; uninterrupted availability or error-free operation is not guaranteed.
3.2 The Provider, or its suppliers, retain all rights to the Platform and to all technology involved in providing the Services, including intellectual property rights; the User shall not acquire any ownership rights to the Platform or the Services.
Article 4 – Membership and Payments
4.1 The scope of Services and payments is defined under the selected Pricing Plan; the User is only required to make the payments specified in their Pricing Plan. This does not affect the Provider's rights under the separate terms and conditions of individual Services.
4.2 The Pricing Plan may include, in particular, a periodic fee, payment in advance, advertising rates, and performance terms in accordance with the separate terms and conditions of individual Services (e.g., a Commission Share for Leads).
4.3 Upon registration, the User receives a basic free Pricing Plan. The Paid Pricing Plan is activated upon submission of the Order, unless otherwise specified in the Order.
4.4 Unless otherwise provided in the Pricing Plan, either party may terminate the Paid Pricing Plan with three months' notice, effective on the first day of the following month; the Pricing Plan may specify a minimum term or another notice period. Notice of termination must be in writing and delivered by recorded delivery or to the other party's Data Box; any other form of delivery shall not be accepted. During the notice period, the User shall pay the periodic fee regardless of the use of the Services, and failure to pay such fee shall not be deemed a termination. Upon termination, the User shall be reverted to the basic Pricing Plan; the Provider's claims arising to date shall remain in effect.
4.5 Invoices are sent electronically to the e-mail address specified in the account or in the Order; they are deemed delivered on the next business day after they are sent and are due within 10 days of issuance. All amounts are listed exclusive of VAT.
4.6 If the User is in default on any payment for more than 10 days, the Provider shall be entitled to suspend the provision of Services, in particular the distribution of Leads and the publication of advertising, until full payment is made; the obligation to pay the periodic fee shall remain unaffected thereby.
4.7 The Provider may change the terms and conditions of the Pricing Plan; such changes will be announced at least 1 month before they take effect. If the User disagrees with the change, they may terminate the Paid Pricing Plan as of the effective date of the change by notifying the Provider; otherwise, the amended terms and conditions shall apply as of that date. The introduction of new Pricing Plans or a change in the offer of new Orders shall not be deemed an amendment to the Agreement.
4.8 In the event of a default on any payment, the Provider shall be entitled to statutory interest on arrears, a lump-sum reimbursement of costs associated with the enforcement of the claim pursuant to Czech Government Regulation No. 351/2013 Coll., and reimbursement of reasonable collection costs, including legal representation costs, in the amount of 10% of the amount due; in the event of a default of more than 5 days, a contractual penalty of 0.5% of the amount due for each and every day of default shall also apply.
4.9 Payment of the contractual penalty or interest shall not affect the Provider's right to the Fee or to damages.
Article 5 – Advertising
5.1 Anyone who uploads advertising content to the Platform grants the Provider a royalty-free, perpetual license to use and modify such content, and warrants that they hold the necessary rights to the content.
Article 6 – Term and Termination of the Agreement
6.1 The Agreement is concluded for an indefinite period.
6.2 Either party may terminate the Agreement without giving any reason, subject to a 30-day notice period from the date of delivery of the notice of termination; Clause 4.4 applies mutatis mutandis to the form of the notice of termination. If the User has an active Paid Pricing Plan, the Agreement shall terminate no earlier than upon the expiration of the notice period and the agreed minimum term of the Pricing Plan pursuant to Clause 4.4; until then, the obligation to pay the periodic fee remains in effect. The Agreement may also be terminated by mutual agreement of the parties.
6.3 A material breach of the Agreement is deemed to be, in particular, a serious or repeated violation of the specific terms and conditions of Services, a payment default exceeding 15 days, and a serious breach of obligations regarding the protection of personal data. In the event of a material breach, the other party shall be entitled to terminate the Agreement with immediate effect as of the date of delivery of the notice of immediate termination; in the case of a breach that cannot be remedied, or in the case of circumvention or concealment of a Transaction, prior notice shall not be required; otherwise, the party shall first provide written notice and allow a reasonable period for remedy. Either party may also terminate the Agreement with immediate effect if the other party enters into liquidation or insolvency proceedings.
6.4 Termination of the Agreement shall not affect the Provider's claims for the Fee, contractual penalties, and damages, nor shall it affect provisions that, by their nature, are intended to remain in effect, in particular the separate terms and conditions for individual Services and provisions regarding rights to the Platform, personal data protection, confidentiality, and liability.
Article 7 – Personal Data
7.1 Each party acts as an independent data controller within the meaning of the GDPR when processing personal data. The Agreement does not establish the status of a personal data processor or joint controllers; if necessary, the parties shall enter into a separate agreement on the processing of personal data.
7.2 The User shall comply with all obligations arising from the GDPR and data protection laws and shall immediately notify the Provider of any security incident. If the User engages a third party to perform any obligation, the User shall impose the same obligations on that third party and shall be jointly and severally liable for compliance with such obligations.
Article 8 – Confidentiality
8.1 The parties undertake to maintain confidentiality regarding all information provided in connection with the Agreement and to use such information solely for the purpose of performing the Agreement. The confidentiality obligation shall not apply to information that is publicly available, was lawfully obtained from a third party, or was disclosed in accordance with applicable laws. The confidentiality obligation remains in effect for the entire term of the Agreement and for a period of 3 years following its termination.
Article 9 – Amendments to the GTC
9.1 The Provider shall be entitled to amend the GTC to a reasonable extent, particularly due to changes in laws and regulations, changes in the scope or manner of providing the Services, changes in the Pricing Plans, or the development of the Platform. Any amendments must be notified to the User by e-mail at least 1 month before they take effect. Unless the User objects to the change in writing (an e-mail is acceptable) by the effective date, the new version becomes binding. If the User rejects the amendment, the contractual relationship will continue to be governed by the existing terms, and either party may terminate the Agreement in accordance with Clause 6.2.
Article 10 – Final Provisions
10.1 To the maximum extent permitted by applicable law, neither party shall be liable to the other party for any loss of profit, loss of revenue or business opportunities, loss or damage to data, business interruption, or for any indirect, consequential, or special damage.
10.2 The User may assign the rights and obligations under the Agreement only with the Provider's prior written consent; the Provider shall be entitled to assign claims as well as rights and obligations under the Agreement without the User's consent and to use subcontractors in the provision of the Services. A third party, such as a real estate agency, may also make the payment on behalf of the User; this does not confer any rights under the Agreement on the third party.
10.3 The parties are not in a relationship of an agent, commercial representative, or partner, and neither party shall be authorized to act on behalf of the other party. Neither party shall be liable for any failure to perform caused by circumstances beyond its reasonable control.
10.4 The invalidity of any provision shall not affect the validity of the remaining provisions. The GTC, together with the Order, the settings on the Platform, and the separate terms and conditions for individual Services, constitute the entire agreement between the parties and supersede any prior agreements.
10.5 The GTC have been drawn up in the English language version as the binding original; any other language versions are translations provided for informational purposes only. In the event of any inconsistency, ambiguity, or difference in interpretation between the English version and any other language version, the English version shall prevail and be binding. The Agreement is governed by the laws of the Czech Republic; any disputes shall be resolved primarily through amicable settlement; otherwise, the courts having jurisdiction shall be those determined by the registered office of the Provider in Prague.