General Conditions

Before You agree to sell, rent, let, manage, or buy a Property through Us, We need to make sure that You understand and accept these General Conditions. If You have any questions relating to these General Conditions then please contact Us via email at: info@properfees.com.
To agree to the following General Conditions, You must be the beneficial owner of the Property being sold, rented, let or managed or have the permission of the beneficial owner to sell, rent, let or manage the Property. You also cannot be an estate agent operating on behalf of the beneficial owner.
These General Conditions, together with the information that You provide Us when registering for any of Our Services, Products, Pack, Packages and/or Recommended Extras form the basis on which You agree to appoint Us, and We agree to act, as Your estate agent to sell, rent, let, manage or buy the Property (the “Agreement” or the “Contract”).
If the Seller, Landlord, Tenant or Buyer is more than one person, each person shall have joint and several liability under this Agreement, which means each person who is a Seller, Landlord, Tenant or Buyer is responsible for fulfilling his or her obligations under this Agreement individually and together.
When We use the words “writing” or “written”, this includes e-mails, text messages and messages sent through Your online Account

1. Fees payable to Properfees

• All Our Fees, Costs and Charges are inclusive of VAT (currently 7.7%) unless otherwise stated. Where VAT is applicable, this will be paid to Us, regardless of whether You live in Switzerland or elsewhere.
• Dual Fee liability may occur where You seek to instruct another estate agent to sell, buy, rent, let or manage the Property. If You have signed an agency agreement with another estate agent but You sell, buy, rent, let or manage Your Property through Us, You may still be liable to pay the other agents commission if the other agreement is a sole or exclusive agency agreement.
• At the signing of the Contract, You will be required to pay Us the Upfront Fees for any Services requiring an upfront payment and/or the Upfront Fees for an “Upgrade” of Your Package, within 15 days or as described in the Contract on the terms set out in the Contract, date on which the Agreement enters into force. You will benefit from Our Services upon receipt of payment.
• Any Charges regarding the Fees payable to Properfees will be notified to You in the Agreement.
• The following terms and conditions apply to each of the Services, Products, Packages and/or Recommended Extras Properfees provides:

A.1. Selling Fees

a. Upfront Fee

Subject to these terms and conditions, this Upfront Fee is per Property, payable upfront on the date You entered into the Agreement and is a non-refundable Charge.
• Online Package - You have agreed to pay the Upfront Fee of CHF 3’000.- for Our Services on the date You entered into the Agreement.
• Hybrid Package - You have agreed to pay the Upfront Fee of CHF 9’500.- for Our Services on the date You entered into the Agreement. • Traditional Package - There is no Upfront Fee to pay for the Traditional Package. You only pay the Success Fee described in this clause on the terms set out in this clause.

b. Success Fee

• Fee payable if We sell Your Property.
• By agreeing to these terms and conditions, You are authorising the notary to pay the Success Fee outstanding to Us at the Completion Date out of the proceeds of the sale of Your Property. If at any point You become aware that there might not be sufficient funds to pay the Success Fee, You need to tell Us immediately, and You will be responsible for paying it directly to Us on the Completion Date.
• The Success Fee will only be payable if Your Property sells. The Success Fee is payable if We introduce You to a Buyer, even if the sale completes after the Agreement period has ended. Likewise, if We have introduced You to a Buyer who goes on to complete the purchase of Your Property, the Success Fee will still be due, even if You cancel our Agreement.
• Online Package - There is no Success Fee to pay on the Completion Date. You only pay the Upfront Fee described in this clause on the terms set out in this clause.
• Hybrid Package - The Success Fee is 1% of the sale price agreed between the parties, plus VAT (currently at 7.7%).
• Traditional Package - The Success Fee is 2.5% of the sale price agreed between the parties, plus VAT (currently at 7.7%).

c. Recommended Extras

• You can purchase Our Services named as Recommended Extras in addition or to complete the chosen Package.
• Additional Costs and expenses may also apply if additional marketing services are required, or if You elect to “Upgrade” Your Package or if You require certain marketing services and other services.
• If You have ordered any additional services from Us, You must pay for these on the same date You pay for the chosen Package or, if later than the date You order the chosen Package, the date You order them.
• Subject to these terms and conditions, these Recommended Extras are per Property, payable upfront on the date You entered into the Agreement and are a non-refundable Charge.

B. Letting Fees

• Properfees offers tailor-made Services. The Fees and Services are defined in the Contact as agreed by both parties.

B. Letting Fees

a. Upfront Fee

• For marketing Your Property.
• Subject to these terms and conditions, this Upfront Fee is per Property, payable upfront on the date You entered into the Agreement and is a non-refundable Charge.
• Hybrid Package - You have agreed to pay the Upfront Fee of CHF 250.- for Our Services on the date You entered into the Agreement.
• Traditional Package - There is no Upfront Fee to pay for the Traditional Package. You only pay the Success Fee described in this clause on the terms set out in this clause.

b. Success Fee

• Fee payable if We let Your Property.
• By agreeing to these terms and conditions, You are agreeing to pay the Success Fee outstanding to Us as described in the Contract on the terms set out in the Contract. If at any point You become aware that there might not be sufficient funds to pay the Success Fee, You need to tell Us immediately, and You will be responsible for paying it directly to Us on the Completion Date.
• The Success Fee will only be payable if Your Property is let by Us. The Success Fee is payable if We introduce You to a Tenant, even if the rental completes after the Agreement period has ended. Likewise, if We have introduced You to a Tenant who goes on to complete the rental of Your Property, the Success Fee will still be due, even if You cancel our Agreement.
• Hybrid Package - There is no Success Fee to pay for the Hybrid Package. You only pay the Upfront Fee described in this clause on the terms set out in this clause.
• Traditional Package - The Success Fee is one month rent of the monthly rental price agreed between the parties, plus VAT (currently at 7.7%).

c. Recommended Extras

• Where You have opted for optional Services named as Recommended Extras then, in addition to the Hybrid Package and Traditional Package, the Recommended Extras will also be due in one single upfront payment.
• Additional Costs and expenses may also apply if additional marketing services are required, or if You elect to “Upgrade” Your Package or if You require certain marketing services and other services.
• If You have ordered any additional services from Us, You must pay for these on the same date You pay for the chosen Package or, if later than the date You order the chosen Package, the date You order them.
• Subject to these terms and conditions, these Recommended Extras are per Property, payable upfront on the date You entered into the Agreement and are a non-refundable Charge.
• You may purchase Recommended Extras at any time during a Tenancy of the Property on request to Us. • Properfees offers Tailor-Made Recommended Extras. The Fees are defined in the Contact as agreed by both parties.

C. Landlord Fees

• Subject to these General Conditions, these Landlord Fees of CHF 950.- are per Property, per year, payable upfront on the date You entered into the Agreement and are a non-refundable Charge.

D. Buying Fees

• There is no Buying Fee to pay for appointing Properfees for Buying Services to find You a suitable property to purchase. • There is no Buying Fee to pay if You want to appear as a Registered Listed Buyer on Our Website. • To benefit from Our Services and become a Registered Listed Buyer on Our Website, You have agreed to sign an exclusive search mandate with Us.

2. Our Website, Advertising & Photography

• We will advertise Your Property for sale and/or for rent (including the address for renting the Property, asking price, photographs, and floor plans) on Our Website, partner websites, property portals, magazines and newspapers, and anywhere else We feel will lead to a sale and/or a rental of Your Property. This may include international advertising. You agree to Us providing information about You and the Property to these third-party websites.
• Third-party website which We use, such as property portals, are subject to change and may not be controlled by Us. We cannot therefore always guarantee continued presence on these websites.
• It is Your responsibility to ensure that the Property is in a fit state to be photographed and visited. For insurance purposes Our Properfees agents are not permitted to rearrange items within the Property. You must, therefore, please ensure that it is tidied and suitably arranged before the Home Visit.
• Once the Properfees agent is booked for the Home Visit of the Property, You must provide at least 1 working day notice of any cancellation or changes to the agreed date and time. A fee can incur in connection with the cancellation or change to the appointment if You do not give at least 1 working day notice.
• If Your Property is particularly remote, We may need to charge You reasonable travel costs to get there. Likewise, if Your Property takes longer to photograph, to conduct a move-in and/or a move-out inspection due to its size or if there are several properties, We may charge an additional fee.
• Any photography and any media We create will remain the property of Properfees unless otherwise purchased by You.
• You are not permitted to pass, for their use or use on Your behalf, any login details We supply to You as part of the Services, to any person who acts in a professional capacity, including but not limited to any estate agent or letting agent.
• We regularly update Our Website and may change the content from time to time. Our Website may not always be completely up to date, and We are not obligated to update it. We cannot guarantee it will be free of errors.
• You may not use the information obtained by Us on Potential Buyers and/or Tenants of Your Property to offer them other potential properties for which We do not have the mandate.
• If You are a Tenant or lessee You must make certain that:
• the intended unfurnished/furnished letting is permitted by Your lease; and
• your superior Landlord’s written permission, if necessary, has been obtained for sub-letting. If in doubt, refer to the lease or Tenancy Agreement.
• If You are a Seller, You hereby warrant and covenant that You have the necessary authority, power and capacity to enter into this Agreement (including the consent of the other legal owners of the Property); and that You are the legal and beneficial owner of the Property or has the authority from the beneficial owner to sell the Property on the above terms.
• Any Charges regarding Our website, advertising and photography will be notified to You in the Agreement.

4. Accompanied Viewings - Viewings & Information Requests

Depending on the chosen Package and/or whether the Property is for sale or for rent, Accompanied Viewings and/or Viewings and Information Requests forwarding may or may not be included in Your chosen Package.
• Any Charges regarding the Accompanied Viewings and/or Viewings and Information Requests will be notified to You in the Agreement.

A. Accompanied Viewings

If Accompanied Viewings are included in Your Package and/or You have purchased the Accompanied Viewings Recommended Extras, You will be notified of the name of the potential Buyer or Tenant who will view the Property.
• Accompanied Viewings are arranged and conducted by a Properfees agent at Your Property. The agent will arrange with the prospective Buyer or Tenant a date and time to view the Property and will conduct the viewing.
• If You cancel or rearrange the Accompanied Viewing on a regular basis and in an unreasonable way preventing us to provide Our Services, We reserve the right to charge Our reasonable costs in rescheduling.

B. Viewings & Information Requests

• If Viewings and Information Requests forwarding is included in Your Package, We will notify You by email or through Your Account when a potential Buyer or Tenant wants to view Your Property and/or requires information about Your Property. We will provide You with the name and contact details of the potential Buyer or Tenant.
• You and the prospective Buyer or Tenant will arrange a date and time to view the Property. The viewing of the Property will be conducted by You.
• Any viewings that are arranged by You with the potential Buyer or Tenant are Your responsibility to accompany or make arrangements to accompany on the day of the viewing.

5. Offers & Negotiations

• Depending on the chosen Package, We confirm that (unless instructed to the contrary in writing by You, the Seller and/or the Landlord), We will forward to You promptly and accurately in writing (which includes email correspondence), all offers from prospective Buyers and/or Tenants within 2 days of receipt.
• Depending on the chosen Package and once the sale has been agreed, Properfees shall prepare and send out all necessary documents on Your behalf and on behalf of the prospective Buyer(s) of Your Property to the notary involved in the sale of the Property, set up an appointment at the notary, review draft contract, accompany both parties at the notary and/or hand keys on Completion Date.
• You may elect whether to accept an offer, reject an offer, reject and negotiate or, depending on the chosen Package, Your agent will negotiate an offer on Your behalf.

6. Cancellations & Refunds

• Should You wish to cancel or withdraw any Services, Packages and/or Recommended Extras You have ordered, You may do so at any time.
• However, once You have purchased any of Our Services, Products, Pack, Packages and/or Recommended Extras that require Upfront payment, We are entitled to retain the Upfront Fees. They will not be refunded to You even if the Services included within the Upfront Fees have not been provided in full or part as at the date of cancellation.
• You may ask Us to remove Your details from Our Website at any time, but You will not be entitled to any refund.
• Once You have asked Us to remove Your details from Our Website then We will not be able to re-instate them without payment of an additional Fee.
• If You sell the Property to a Buyer and/or Tenant introduced by Us, a 2.5% commission on the selling price, plus VAT will become due and payable by You in full even if the sale occurs after the end of the Agreement. You agree to notify Us in the event of any such property sale. For the purposes of these General Conditions, a “Buyer introduced by Us” and/or a “Tenant introduced by us” is anyone who We have directly introduced to You as a potential Buyer and/or Tenant or who has viewed the Property.

7. Our rights to end the Agreement

• We may terminate the Agreement without liability at any time in the event that You fail to make any payment when it is due and You still do not make payment within 14 days of Us reminding You that payment is due.
• We may terminate the Agreement without liability at any time in the event that You have provided Us with any false or misleading information concerning the Property and its sale and/or rent.
• We may terminate this Agreement without liability, within a reasonable time of Us asking for it, if You do not provide Us with information that is necessary for Us to supply the Services or comply with Our legal obligations.
• We may terminate this Agreement and remove the Property advert on Our Website and other third-party websites without liability, within a reasonable time, if You unreasonably refuse to facilitate the access and/or viewings of the Property for Us to provide the Services, and/or if We are unable to make contact with You for a period of one month.
• We reserve the right to terminate the Agreement at any time on the provision of 30 days prior written notice to You for any reason. • We reserve the right to immediately terminate this Agreement at any time on provision of written notice in the event that You breach any of its terms.
• If We end the Agreement in the situations set out in clause 7, We may charge you reasonable compensation for Our losses and the net costs We will incur as a result of Your breaking the Agreement. If We need to use legal representatives or collection agents to recover monies due, You will be required to pay all reasonable Costs and disbursements that We incur relating to Your late payment.

8. Health and safety & unoccupied Property

• Properfees does not accept responsibility for the maintenance or repair of unoccupied Property.
• 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.
• It is Your responsibility to ensure that, where the Property is unoccupied, the Property is adequately secured, mains services are turned off, water and heating systems are professionally drained and suitable insurance cover is put in place. You will be responsible for all maintenance at the Property and We accept no liability or responsibility for it during the term of this Agreement.

9. Exclusion & limitation of liability

• Any advice, including financial or investment advice provided by Properfees is general advice and does not take into account the individual circumstance of the Seller, Tenant, Landlord and/or Buyer or the Sellers, Tenants, Landlords and/or Buyers objectives, financial situation or needs.
• The use of Our Website shall be at Your sole risk and We will not be liable to You for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of or reliance on any content displayed on Our Website; or
• use of, or inability to use, Our Website; or
• any inaccuracies contained on Our Website relating to Your Property or otherwise.
• We are also not responsible for any computer viruses or any other harmful technology issues You experience that result in loss or damage while using Our Website. Use of Our Website is subject to our General Conditions, Terms and Conditions of Use, Privacy Policy and Cookie Policy, which are all available to view on Our Website.

10. Landlords & Tenants disputes

• Any dispute that arises between a Landlord and a Tenant including financial, material and other will be resolved solely by the Landlord and the Tenant. We are not responsible and shall have no liability for any disagreements or disputes that may arise before, during the course of, or following the expiry of the Tenancy.

11. Compliance

• It is an offence for an agent to make inaccurate or misleading statements about Your Property (be they written or verbal), including through the sales and/or lettings particulars, adverts and other marketing, photographs and floor plans. This includes anything that might give the wrong impression about a Property and includes omitting facts. This means that:
• You are responsible for providing Us with accurate information about the Property and must tell Us immediately if there is any inaccuracy or misleading information in Our sales and/or lettings particulars, adverts or any other information that We provide to prospective Buyers, Tenants, and/or their representatives about the Property. We will ask You to verify certain information and require You to assist Us to the best of Your knowledge, having made reasonable enquiries where necessary;
• You will be responsible for any loss, damage or costs We have to pay in the event that You provide incomplete, incorrect or misleading information;
• You shall inform Us immediately of any changes in the information that You provide in respect of the Property; and • We reserve the right not to publish any information that You provide.
• All information on Our Website and provided to potential Buyers, Tenants and Sellers directly cannot be guaranteed by Us and does not form part of any contract.

12. Consent to use personal information

• When You agree to use Our Services, You agree that We may use information You give Us, including information about yourself, for the purposes of performing Our obligations to You.
• We will use the personal information You provide to Us:
• to supply Our Services to You;
• to process Your payment for the Services.
• We will only give your personal information to third parties in order to provide the Services under this contract.
• We reserve the right to check the land registry to verify if the Seller is the rightful owner of Property.

13. Data protection

• We undertake to comply with the General Data Legislation in all our dealings with Your personal data.

14. General Terms

Indemnity

You hereby agree to indemnify Us against any and all reasonable and direct Costs, expenses or liabilities incurred or imposed on Us provided that such reasonable and direct Costs, expenses or liabilities were incurred in Our carrying out the range of Services, Pack, Packages and/or Products which You select (from time to time) on Your behalf.

Assignment

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.

Force Majeure

Neither You nor We shall be liable under or in connection with these terms and conditions to the extent that such liability arises as a consequence of any event of circumstance or cause beyond the reasonable control of that party.

Notices

Any notice given in connection with the Agreement shall be in writing and may be delivered by hand, by post or e-mail (unless otherwise notified) to, in Our case, Our e-mail address (info@properfees.com) and, in Your case, to the address or email given when You submitted Your details.
Any notice or communication shall be deemed to have been received if sent by email, at 9.00am on the next business day after transmission.
This clause does not apply to the service of any proceedings or other documents in any legal action, or where applicable, any arbitration or other methods of dispute resolution.

Severance

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.

Rights of Third Parties

This Agreement is between You and Us. No other person shall have any right to enforce any of its terms.

15. Applicable Law

• The present General Conditions are governed by the Swiss law. If any part of these General Conditions is declared void by a court, this will not affect the validity of the remaining provisions of the General Conditions.

16. Complaints procedure

• We aim to offer You the best possible service, but there may be occasions when You feel You have cause for complaint. If so, We will always try to clarify the situation and deal with any issues quickly and efficiently.
• To inform Us of an issue, You can do so by email : info@properfees.com.

17. Cancellation form

Email: info@properfees.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale for the supply of the following services / pack / packages / products:
Name and address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
[*] Delete as appropriate.

18. Definitions & interpretations of words & phrases used in these Terms

In these terms and conditions, the following words and phrases shall, unless the context otherwise requires, have the following meanings: “Accompanied Viewing(s)” means the viewings which will be conducted by Us to prospective Buyers or Tenants of the Property; “Account” means Your dedicated Account for which We have given You (or You have chosen) a Username and a password, which enables You to access Your Platform;
“Advert(s)” means how Your Property is to be displayed in advertising and marketing as part of Our Services, Products, Pack, Packages, and/or Recommended Extras;
“Advertising Fee(s)” means any Advertising Fees, Costs and Charges that are not included as part of Our Services, Products, Pack, Packages, and/or Recommended Extras, including but not limited to Upgrades and additional Fees payable for marketing following the Marketing Period;
“Agreement” or “Contract” means the agency agreement, the terms and conditions, including any annexes, and any specific information about You and relating to Your Property or Properties;
“Applicable Laws” includes any requirement of any statute, rule, regulation, proclamation, order in council, ordinance or bylaw; “Appoint” means You have appointed Us to market, advertise, sell, rent, let and/or manage Your Property and have or will take advantage of Our Services, Products, Pack, Packages and/or Recommended Extras; and/or You appointed Us for Our Buying Services to find You a suitable property to purchase, or Tailored-Made Service or any other real estate Services;
“Buyer(s)” means the Buyer or potential Buyer of the Property, and/or a Buyer who appoints Us to buy a property, and any reference to “You” or “Your” is to the Buyer;
“Completion Date or Completion or Completed” means the date of the completion of the sale or rental of the Property between the Seller and the Buyer, or the Landlord and the Tenant;
“Exchange Date or Exchange” means the date at which contracts for the sale or rental of the Property between the Seller and the Buyer, or the Landlord and the Tenant, are formally exchanged;
“Fee(s) or Cost(s) or Charge(s)” together the Upfront Fee, Selling Fees, Completion Fees, Letting Fees, Landlord Fees, Success Fees, Recommended Extras Fees, Taylor-Made Services Fees and any amounts You pay for any selected Services, Products, Pack, Packages and/or Recommended Extras and for all other Services provided by Properfees;
“Home Visit” means the visit to the Property made by one of Our Properfees agents to create the full Property brochure (photographs, description and/or floor plans), following Your acceptance of these terms and conditions;
“Information Request(s) Management or Information Request(s)” means the requests that We receive by potential Buyers or Tenants to obtain information of the Property;
“Landlord(s)” 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 and any reference to “You” or “Your” is to the Landlord;
“Lease” means the period during which the Tenant(s) remain occupant(s) of the Property;
“Listing on 9 Property Portals” means the advertisement of Your Property on the following property portals: www.homegate.ch, www.immostreet.ch, www.comparis.ch, www.portia.ch, www.home.ch, https://casa.raiffeisen.ch/fr, www.lookmove.ch/en, https://realadvisor.ch/en, https://www.properstar.ch;
“Marketing Period” means the duration Your Property is published on Our Website, property portals and/or other advertising mediums from the date of the Agreement;
“On the market” means that Your Property is being listed on Our Website, property portals and/or third-party websites; “Properfees or We or Us or Our” means Properfees, trading as properfees.com and all domain extensions; “Property” means the entire Property to be offered for sale, to buy, for rent, to let or to be managed by Us in accordance with these terms and conditions;
“Published or Publication(s)” means that the Property has been advertised as being for sale or for rent on any property portals and/or other marketing materials and/or on social media and/or on Our Website;
“Recommended Extras” means the additional Service, Product, Pack and/or Package You wish to purchase in addition or independently to the other chosen Service, Product, Pack and/or Package;
“Registered Listed Buyer” means that as a potential Buyer and/or a Buyer, You can register Your property search to be published on Our Website anonymously, and any reference to “You” or “Your” is to the Buyer;
“Seller(s)” means the beneficial owner(s) of the entire Property or person(s) with authority of the beneficial owner(s) of the Property to sell the Property and any reference to ‘You’ or ‘Your’ is to the Seller(s);
“Services or Products or Pack or Packages or Tailor-Made” means the supply of any Services as detailed on Our Website and any other Services provided by Properfees;
“Success Fee” means the amount payable to Us upon the sale and/or rent of the Property; “Tenancy” means the period that the Tenant(s) remains in occupation of the Property; “Tenant(s)” means any Tenant or Tenants of the Property and any reference to “You” or “Your” is to the Tenant; “Upgrade” means You have selected to upgrade a Package; “User(s)” means anyone using Our Website or Our Services; “Viewing(s) Request(s) Management or Viewing(s) Request(s)” means the requests that We receive from potential Buyers or Tenants to view the Property that we will transfer to You for you to manage; “Website or Site or Our Website or Our Site or Properfees Website” means www.properfees.com and all domain extensions; “Working Day” means a day other than Saturday, Sunday or a public holiday.
4 March 2022