Agent Terms

1. General provisions

  1. These Agent Terms govern the use of the Hemianao platform (the Platform) by real-estate agents and real-estate agencies.
  2. The Platform is operated by: Andrew James Lee, doing business as Hemianao
    Calle Países Bajos 6, Pol. Ind. San Pedro Alcántara
    Marbella, Málaga 29670, Spain
    E-mail: hemianao@estalara.com (the Provider).
  3. These Agent Terms supplement the Terms of Service. In matters they govern, they prevail.
  4. These Agent Terms are concluded with businesses acting within their trade or profession. Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services applies to them.

2. Definitions

  1. Agent — a User granted agent status by the Provider after an application, or who accepted an invitation to an Agency.
  2. Agency — a team of Agents registered in the Platform, with an owner and members holding defined roles.
  3. Agency Wallet — the Wallet from which an Agency covers paid features of its members.
  4. Buyer — a User interested in a property who contacts an Agent through the Platform.
  5. Other terms have the meaning given in the Terms of Service.

3. Agent status

  1. Agent status is obtained on an application submitted in the Platform or by accepting an invitation to an Agency. Submitting an application, accepting an invitation and requesting to join an Agency require accepting the current version of these Agent Terms.
  2. The Provider may refuse to grant the status, in particular where data is incomplete or untrue. It informs the applicant of a refusal and its reason.
  3. The Agent is responsible for conducting business in accordance with the laws applicable where it is conducted, including those on real-estate brokerage, anti-money laundering and consumer protection.

4. Listings

  1. The Agent publishes only Listings of properties they are entitled to offer and, at the Provider's request, demonstrates that entitlement.
  2. A Listing must be true, current and complete as to the essential features of the property, in particular price, area, location and legal status. The Agent promptly withdraws an outdated Listing.
  3. The Provider may restrict the visibility of, or remove, a Listing that breaches the terms, informing the Agent of the reason in accordance with the Terms of Service.
  4. The order in which Listings are displayed depends in particular on relevance to the search criteria, recency and location. Paid advertising campaigns are marked as advertising.

5. Lives and recordings

  1. The Agent may host Lives about Listings and meetings arranged through bookings.
  2. The Agent is responsible for not showing the personal data or image of persons who have not consented to it during a Live, and for obtaining the consents required from the property owner.
  3. Where a Live is recorded, participants are informed before joining, and persons sharing video or sound give their consent in the Platform. The Agent does not record a Live outside the Platform's features.
  4. Publishing a Live replay is the Agent's decision; the Agent may hide it at any time.

6. Buyer data

  1. The Agent processes Buyer data made available through the Platform (in particular name, contact details, message content and Live registrations) as a separate controller, solely to handle the property enquiry and in accordance with data-protection law.
  2. The Agent does not use Buyer data for purposes unrelated to the enquiry, in particular for marketing without a separate legal basis, and does not disclose it to third parties beyond what is necessary.
  3. The Agent promptly informs the Provider of any breach affecting Buyer data received through the Platform.

7. Fees, plans and the Wallet

  1. Paid features for Agents include in particular subscription plans, Lives beyond the plan's allowance, unlocking contact with a Buyer and handling advertising campaigns.
  2. Prices, commissions and their basis are shown in the Platform before a feature is used. The final amount is set by the settlement after the service and does not exceed the amount shown before the action.
  3. Fees are covered from the Agent's Wallet or from the Agency Wallet, as chosen in the Platform and within the permissions granted by the Agency owner.
  4. A subscription plan renews automatically for subsequent billing periods unless cancelled before the end of the current period.
  5. A negative Wallet balance or a hold on the Wallet may suspend new paid actions until settled.

8. Advertising on external services

  1. Through the Platform the Agent may order an advertising campaign for a Listing on Meta services after connecting their own advertising account.
  2. The campaign budget is charged by Meta directly to the Agent's advertising account. The Provider charges the Wallet a campaign handling fee, calculated and shown before approval.
  3. Meta's terms additionally apply to campaigns. The Provider is not liable for Meta's decisions, including rejecting or pausing an advertisement.

9. Content licence

  1. The Agent grants the Provider a non-exclusive, royalty-free licence to use the content of Listings, photographs, descriptions and Live replays to the extent necessary to provide the services, including displaying, translating, creating thumbnails and promoting Listings in the Platform, for as long as they are published.
  2. The Agent declares that they hold the rights to this content and the consents of the persons visible in it, and indemnifies the Provider against third-party claims in this respect.

10. Suspension and termination

  1. The Provider may restrict, suspend or terminate its services to an Agent for a breach of these Agent Terms or of the law. Before the decision, or at the latest when it takes effect, the Provider gives the Agent a statement of reasons on a durable medium.
  2. Terminating all services to an Agent requires at least 30 days' notice, unless the law or a serious breach of these terms justifies immediate action.
  3. The Agent may give up agent status or close the Account in accordance with the Terms of Service, once the Wallet, active campaigns and scheduled Lives have been settled.

11. Internal complaint-handling system and mediation

  1. Agents' complaints, including those about decisions to restrict, suspend or terminate services and about technical issues, may be sent to hemianao@estalara.com.
  2. The Provider handles a complaint within 14 days, informing the Agent of the outcome clearly and unambiguously.
  3. To settle a dispute out of court, the parties may use mediation. The parties choose the mediator by agreement; mediation does not exclude recourse to the courts.

12. Liability

  1. The Provider is not liable for the content of Listings, the course of transactions between the Agent and a Buyer, or the Agent's lost profits.
  2. The Provider's liability towards the Agent is limited to the fees paid by the Agent in the last 12 months, except for damage caused intentionally.

13. Changes to the Agent Terms

  1. Each version of these Agent Terms has a number. The Provider informs Agents of a change by e-mail, sending the full text of the new version at least 15 days before it takes effect.
  2. Before the changes take effect, the Agent may terminate the contract with immediate effect. From the day a new version takes effect, new Agent actions in the Platform require accepting it.

14. Governing law and disputes

  1. The contract is governed by Spanish law.
  2. Disputes are resolved by the court competent for the Provider’s place of business in Marbella.

15. Contact

The Provider can be contacted on all matters concerning these Agent Terms at hemianao@estalara.com.

Hemianao legal documents section