The Republic of Estonia
Publication date: 25.11.2014
Date of effect: 25.11.2014
This Offer is an official proposal of OU Grape Communications hereafter referred to as the Executive dealing with advertising services which states the intention of signing the Service Offer Agreement in the framework of this Offer.
Under the legislation of the Republic of Estonia and the EU this document is a public offer and in case of accepting the conditions specified hereunder the private or corporate customer who performs the acceptance shall remunerate the Executive as specified herein.
An offer is defined as a proposal addressed to one or several persons which possesses a satisfying degree of clarity and a description of the intentions of the proposing party to view itself as having entered into an agreement with the addressee who accepts such offer. Acceptance means full and irrevocaple agreement of the Customer with the provisions of the Agreement.
For the foregoing reasons it is necessary to carefully study the public offer. In case you disagree with any its provision, you are advised to refuse the services proposed by the Executive.
1. Terms and definitions
Within this document, the terms set below are used in the following meaning:
1.1. Site - the complex of electronic documents and soft hardware under one general Internet address. The URL of the Executive's web-site is http://ee24.com for English version, http://ee24.ru for Russian version. Hereafter referred to as the Site
1.2. Offer Acceptance - full and irrevocable acceptance of the Offer by performing the actions specified in Paragraph 6.1 herein
1.3. Publication Conditions - distribution conditions for the Customer's materials at the Site
1.4. Request - a written confirmation of the Customer to publish his materials on special conditions; this confirmation also acts as the Customer's assurance to pay for the materials published by the Executive
1.5. Price list - the prices for provided services can be found at http://ee24.com/info/advertise/
1.6. Customer - the person who has performed the Offer Acceptance and is classified as an advertiser who orders the services specified in the signed Agreement
1.7. Agreement - a non-gratuitous service contract between the Customer and the Executive concluded by the Offer Acceptance
1.8. Statistics - data acquired by the electronical information recording systems of the Executive which may include the information about the frequency of accessing the Customer's materials, the prices for the services provided by the Executive and other data referring to materials publication; the statistics is given electronically
1.9. Personal cabinet - a restricted part at the Executive's web-site containing the information about the Customer, statistics and other data connected with the Executive's services as well as enabling the Customer to publish his own promotional materials and giving the means of remote interaction between the Parties which the Customer can use after authorization at The Site using his login and password delivered by the Executive
1.10. Materials - promotional merchandise of the Customer which deliver the information about his real estate items or services designed in the form of banners, graphical blocks and other means and not violating any rules of the Executive's web-site or existing legislation of the EU and the Republic of Estonia
1.11. Publication place - the area of web-pages of Internet information resources or the Executive's web-site reserved for the distribution (displaying) the Materials and/or any parts of the Materials (single points)
1.12. Offer - this document existing at http://ee24.com/info/terms/
1.13. Registration - receiving of unique identification information (login and password) giving the access to the Personal cabinet of the Executive's site
1.14. Authorized User - a person who has concluded the registration procedure at Site
1.15. Services - promotional services provided by the Executive and connected with the publication of the Materials at Internet web-sites in accordance with the Offer Agreement
1.16. Advertisment - text or graphical information concerning real estate in the EU, as well as in Bulgaria, Turkey, Serbia, Montenegro, Bosnia and Herzegovina and Macedonia published by the Advertiser with the help of special form in his Personal cabinet or during automatic import via XML listing importing
1.17. Banner - visual Advertisment placed to the Site's Advertisment areas and possessing a hyperlink to the Internet page specified by the Customer
1.18. Test period - the time when the Executive reserves the right to distribute the Materials without invoicing the Customer. The duration of this period is set solely by the Executive at his discretion. The Executive shall notify the Customer about the expiration of the test period not later than 14 calendar days prior to the expiration date by publishing this information at http://ee24.com/info/terms/
1.19. Visitor's request - a message sent by a visitor of the Site through the form at a listing page or through the general request form at the Site or at partner sites.
The Offer may contain other terms not defined by the Paragraphs 1.1.-1.19 of the Offer.
In this case any such term shall be interpreted according to the text of this Offer. If no clear definition is given by the Offer, the term shall be interpreted according to: first, the legislation of the EU and the republic of Estonia and second, common Internet definitions.
2. Subject of the Agreement
2.1. The subject of the Offer is providing non-gratuitous promotion services to the Customer in accordance with the conditions specified in the Offer Agreement.
3. Service terms and conditions
3.1. Acceptance and following the conditions of the Offer Agreement (hereafter referred to as the Conditions) is a compulsory condition.
3.1.1. Any information published by a registered the Site user must be reliable and up-to-date.
3.1.2. A registered user is only allowed to publish the information connected with the Site's topics: real estate in Europe and services connected with purchasing and support of property.
3.1.3. The information about the same real estate offer shall not be published more than once.
3.1.4. It is not permitted to encourage the users of the Site orally or in writing to ignore such Site functions as "Contact the seller" and to contact the Customer directly.
3.1.5. It is not permitted to address requests to other registered users using the "Contact the seller" function and imitating the messages of potential purchasers or tenants of property.
3.1.6. It is not permitted to include obscene language or images of sexual nature into the information placed at the Site.
3.1.7. While publishing any information the Customer must follow the conditions set by the legislation of The Republic of Estonia as well as European legislation.
3.2. The Executive starts providing his services to the Customer since the latter performs the following actions:
3.2.1. The Customer has performed the Offer Acceptance
3.2.2. The Customer has provided the Materials specified by the Agreement
3.2.3. The Customer has made a pre-payment for the services or for those services for which the test period has expired
3.3. The Customer prepares the Materials and delivers them to the Executive as set by the Agreement by himself.
3.4. The Customer has no right to transfer his rights concerning the Agreement to any third party.
3.5. The Customer is fully responsible for safety and privacy of his register data (login and password).
All actions connected with distribution of the Materials through the Personal cabinet using the Customer's login and password are viewed upon as performed by the Customer.
The Customer is responsible to the third parties for any actions committed with the use of his login and password.
3.6. The Customer acknowledges that in aid of the Agreement, particularly in order to define the number of visitor requests, prices of the Services and the time of the service period, only statistic data of EE24-Stat, Google Analytics and Yandex.Metrica systems is used.
4. Rights and obligations of the parties
4.1. The Executive is obliged:
4.1.1. To provide the Services as set by the Agreement signed on the conditions of the Offer.
4.1.2. While providing the Agreement Services to enable the Customer to get acquainted to statistic data through his Personal cabinet at the Site and/or EE24-Stat, Google Analytics and Yandex.Metrica systems (in case of publishing banners).
4.1.3. To publish the Materials exported by the Customer at the Site database if the Customer follows the conditions.
4.1.4. To give the Customer access to the price list and other documents defining the order of giving and distribution of the Materials at the Site which can be found at http://ee24.com/info/advertise/
4.1.5. To provide the opportunity to receive payment invoices. The Customer's responsibility is to provide technical means for invoicing, such as Internet access, electronic mail, computer and printer.
4.2. The Executive has the right:
4.2.1. To suspend providing the services set by the Agreement due to technical, technological or other reasons preventing providing services for the time of correction.
4.2.2. To refuse registration without explaining the reason or demand to provide the documents which give the Customer the right to publish promotion materials at the Site according to the Paragraph 4.3.5.
4.2.3. To refuse accepting a request in case if:
the Materials do not correspond to the Site's topics;
the Customer violates the terms of this Agreement;
there is no room for publishing the Materials ordered by the Customer;
finances for publishing the Materials paid by the Customer according to the Paragraph 5.8 are insufficient to fulfill the order;
the order does not correspond the legislation of the EU or the Republic of Estonia.
Refusal to accept an order is sent to the electronic address acting as the Customer's login (or linked to Customer profile).
4.2.4. To suspend providing the Services and demand to provide the documents permitting the Customer to sell, lease or build the property mentioned in the Materials. If such documents are not provided within 5 working days, the Executive reserves the right to terminate the Agreement with the Customer unilaterally.
4.2.5. To alter the display format and the characteristics of advertising places at any time.
4.2.6. To change service prices at his discretion.
4.2.7. To make amendments of the Offer and the Conditions as set by the Offer.
4.3. The Customer is obliged:
4.3.1. To register at the Site. The registration form is found at http://ee24.com/accounts/signup/
4.3.2. To prepare the Materials for publishing including giving them the form applicable for publishing.
4.3.3. In case of publishing banners or advertisements in special blocks to specify their type, desired publication date and term in the request.
The request addressed to the Executive shall meet the following requirements:
184.108.40.206. The Customer's request for Materials publishing contains the following information: the name and account information of the Customer's company, publication type (form) and date (period), as well as other information needed according to the legislation of the EU and the Republic of Estonia.
220.127.116.11. The Customer's request for Materials publishing is sent to the Executor in advance considering the conditions of publishing (including the terms for delivering necessary information).
18.104.22.168. The request is sent to the Executive from the Customer's electronic address defined as his login while registering in the Personal cabinet. The Executive's address is [email protected], the letter should contain a photocopy of *.jpg format; the subject is "Request for publishing an advertisement". If the Customer for some reason has no access to the above-mentioned address, the request can be sent from another address that shall be mentioned in the request.
22.214.171.124. The request is composed with mentioning the following information: the name and post of the person composing the request on behalf of the Customer, the Customer's account information as well as a signature of an authorized person and the company seal.
126.96.36.199. The request is considered as accepted by the Executive:
188.8.131.52.1. If the respective services have been invoiced;
184.108.40.206.2. At the moment the amount of the pre-payment is transfered to the Executive’s account.
220.127.116.11. The request paid for by the Customer is compulsory for the Executive.
4.3.4. To follow the Incormation Publishing Conditions for Registerd Users at Site (Paragraph 3.1 of the Offer), publishing conditions specified by the Offer and all applicable laws and regulations of present legislation including but not limiting to the intellectual property legislation of the EU and the Republic of Estonia.
4.3.5. To provide documented information to acknowledge that the Materials meet the requirements legislation of the EU and the Republic of Estonia including the information about state registration, licence, compulsory certification documents if the services and/or products being advertised must have certificates and licences and documents giving the right to sell, lease or build the property mentioned by the Materials.
4.3.6. If the above-listed documents are not provided within 5 working days of the Executive's request date, the Executive reserves the right to terminate the Agreement with the Customer for convenience.
4.3.7. To perform payment with required specification of the invoice number and issue date in the payment order.
4.3.8. To notify the Executive about the payment within 2 working days by sending the payment order or the receipt by electronic mail or fax.
4.4. The Customer has the right:
4.4.1. To access the Statistics according to the regulations, price lists and other documents defining the conditions of delivering and publishing of the materials found at http://ee24.com/info/advertise/
4.4.2. To alter the published materials.
4.4.3. To publish the Materials at the Site following the Offer.
5. Prices for Services and payment procedure
5.1. The price for the Publishing Services is defined basing on the tariffs for distribution selected by the Customer and the Statistics.
5.2. The Customer selects the tariffs for:
5.2.2. publishing his advertisements in the catalogue through his Personal cabinet;
5.2.3. publishing banners and advertisements in special blocks which is performed by the Executive following the request delivered by the Customer based on the conditions of this Offer.
5.3. The services are provided to the extent of the respective pre-payment made by the Customer.
5.4. The report period for the services is set within the limits of one month starting from 00:01 of the first day to 23:59 of the last day.
5.5. The Customer shall pay for the services with euro by bank transfer.
5.6. The services are provided to the Customer if he has made the pre-payment.
5.7. The Customer shall make the pre-payment in the amount of 100% of the total price for the services basing on the invoice within 5 working days of its delivery.
5.8. An invoice is viewed upon as paid when the Executive receives the notification from his bank confirming that the receipt of the whole payment sum to his account. In some cases at the Executive's discretion a payment may be confirmed by: a) a facsimilie copy of the payment order marked by the bank as executed in case of bank payment; and b) a facsimilie copy of the payment receipt with a seal of the bank performing the transaction.
5.9. The Customer is responsible for the correctness of all payments made.
5.10. If the Customer does not deliver a written complaint for the services provided by the Executive during 3 (three) business days, these services are viewed upon as accepted by the Customer on the last day of the distribution of his Materials. The parties do not sign the Certificate of Services Rendered.
6. Offer Acceptance and signing the Agreement
6.1. Concluding the Agreement on the part of the Customer (Offer Acceptance), i.e. full and irrevocable acceptance of the Agreement terms and provisions according to the European legislation is made by performing one of the following actions:
- performing registration at the Site;
- transfer of a pre-payment to the Executive's account specifying the number of the invoice and the date of its issue within 5 working days of the invoicing.
7. Term of validity and changing the conditions of the Offer
7.1. The Offer enters into legal force on the day specified in the section "Date of Effect" and stays valid until revoked by the Executive.
7.2. Due to constant increase in service rendering technology the Executive reserves the right to alter the Offer conditions at any time notifying the users about these changes at the Site and in the Personal cabinet.
In case of any alterations in the Offer they enter into force since the altered version of the Offer is published at the Site, if other date has not been set additionally in such publication.
8. Term of validity and changing the conditions of the Agreement
8.1. The Agreement enters into force since the Acceptance of the Offer and is valid until: a) the parties fulfill their obligations under the Agreement (services have been paid for and rendered to the extent of their price) or b) the Agreement is terminated.
8.2. The Customer agrees and acknowledges that changes in the Offer lead to alterations in the concluded and acting Agreement between the parties; any such amendments enter into force simultaneously with changes in the Offer.
8.3. In case the Executive revocates the Offer while the Agreement is still valid, the Agreement is considered terminated since the time of such revocation if the Executive has not decided otherwise.
9. Termination of the Agreement
9.1. The Agreement may be terminated:
9.1.1. at any time by mutual consent of the larties;
9.1.2. for convenience in a non-judicial order:
18.104.22.168. By the Executive in case the Customer violates the conditions of the Agreement. The Agreement is tsrminated immediately with written notification of the Customer in the following cases:
A) If the Customer violates his obligations specified in Paragraphs 4.3.4 and 4.3.5 of the Offer. The Executive reserves the right to keep the rest of the pre-payment sum as a forfeit penalty for violating the above-mentioned Paragraphs. The Executive also reserves the right to refuse providing services for this Customer in future.
B) If the Customer violates any other obligations accepted with concluding the Agreement.
C) If the price of the services rendered is equal or exceeds the sum of the pre-payment made by the Customer (particularly if the Customer violates the term of paying for the services under the Agreement concluded on the basis of delayed payment).
22.214.171.124. By the Customer in case he does not accept the alterations in the Offer conditions made by the Executive. The Customer shall notify the Executive in writing not later than within 7 days of the day such alterations enter into force. The Agreement is viewed upon as terminated as soon as the Executive receives the Customer's notification.
9.2. Termination of the Agreement for any reason does not exempt any Party from liability for violation of its conditions which took place when the Agreement was in force.
10. Liability of the parties
10.1. The Customer is bears the responsibility to any third party for any complaints concerning the form and contents of the Materials as well as using trade marks, service marks, trade names, labels, brands and other objects belonging to third parties and used without their consent.
10.2. The Customer is fully responsible for reliability of the Materials published at the Site; for correspondence of the Materials to laws and regulations concerning advertising which exist in the EU and the Republic of Estonia; for following the legistration of the countries where the Customer performs business activities and provides the services he advertises; for following the legistration of the countries where the real estate items which the Customer advertises are situated.
10.3. The Customer acknowledges that creating the Materials did not involve any violation of any copyright and/or associated rights of third parties including proprietory copyright and associated rights and inalienable personal non-proprietory rights of the authors. The Customer is obliged to provide copies of the documents confirming his possession of the above-mentioned rights upon the Executive's demand.
10.4. In case any complaints connected with the Customer's violation of copyright, trade- or servicemark rights, trade or any other names belonging to any third parties, the Customer shall settle such cases by himself and at his own exlense.
10.5. In case the Executive is brought to responsibility, including responsibility in judicial order, which is caused by the Customer's violation of the provisions listed in Paragraphs 10.1-10.4 of this Agreement, the Customer shall compensate all expenses of the Executive, both for real damage and lost profits within 3 days of the Executive's notification.
10.6. While settling the questions not covered by this Agreement the parties shall consider the current legislation of the EU and the Republic of Estonia.
10.7. In case any argukent arises as to the relations following this Agreement the parties are obliged to settle them by negotiation. If it is impossible to settle the conflict by negotiation, such argument is to be handled to the Court of the Republic of Estonia.
10.8. The Executive is not responsible for any direct or indirect damage suffered by the Customer as a result of using or not using the services and as damage of his errors.
10.9. The Customer is fully responsible for safety of his password and for any possible losses coming from unauthorized usage of his password. The Customer has the right to request the change of his login and password if any of them has been stolen due to a third party's fault. Respective financial document must be enclosed to such request confirming that the services have been paid for. The Executive bears no responsibility for the actions of any third parties which caused the loss. In order to compensate the expenses the Customer shall address respective investigating and law-enforcement authorities.
10.10. In case the Customer violates the conditions of the Offer Agreement the Executive has the right to suspend rendering advertising services until the Customer rectifies the infringement and compensates to full extent the losses which the Executive suffered due to this infringement and/or to terminate the Offer Agreement by sending a notification to the Customer's electronic address. While terminating the Agreement the Executive hereby has the right to compensate by retention the forfeit equal to the difference between the sum of the pre-payment for the services made by the Customer and the price of the actual services rendered by the Executive before such termination took place.
11. Other conditions
11.1. Due to using computers and other equipment as well as communication lines and/or software which belong to third parties, the hereby agree that neither of them is responsible for any damage or loss caused by flaws of any electronic or mechanical equipment and/or software which does not belong to the Executive or for any problems with data transfer, connection lines or power supply failures which are not caused by the Executive's fault.
12.1. All of the Site users' personal data and personal identification codes are protected under laws and regulations of the Republic of Estonia.
12.2. When registering on the Site and / or using the Site, a user expresses agreement that the Site carries out processing of the relevant user's personal data and personal identification code according to the Personal Data Protection Law.
12.3. Users' personal data and personal identification code processing manager is OÜ Grape Communications, registrikood 12028104, Legal address: 41 004, Estland, Remniku küla, Alajõe vald, Ida-Viru maakond, Nurga tee 14.
12.4. The purpose of the processing of the users' personal data and personal identification code is providing users` intercommunication services, release of users` different content, (e.g. listings, requests), offering services for users (e.g. promotion options, including marketing newsletters, direct offers, etc.) and all other activities and processes associated with publication real estate sale listings, its promotions.
12.5. A registered user is aware and agrees that the specified user profile information (such as name, phone number, skype, email, profile image, etc..) and user listing content (e.g. published listings, including pictures, descriptions, address, etc.) is publicly available to all other registered users of the Site, as well as to third parties, and that this public data processing does not depend on the Site, except cases of moderation and changes done by Site’s moderators in purposes of compliance published information to the Offer and the Terms (e.g. removing contact information from listings, removing inappropriate images, unpublish published listings in case of Offer noncompliance suspicion, etc.).
12.6. Registered Site users are entitled to add, edit or delete provided data, content and information, as well as to delete the entire profile and all its listings. After the profile, data and / or information deletion from the user profile it will no longer be visible to Site visitors (technical delay could last up to 15 minutes), but data and /or information may be stored in the Site databases for statistical and analytics purposes. In the event when a published listing is being deleted, a part of the respective information published is not deleted, because it is included in search engine optimization functionality of the Site (e.g. published listing will be excluded from the Site’s search results and any other listings blocks, but will be kept available by direct URL with appropriate status notification published).
12.12. A user is aware and agrees that third-parties` ads can be placed on the Site. The Site shall never deliver to advertisers information about Site users and their personal data.
12.15. The Site has the right to collect and publish information about the user set, without identifying any specific users and disclosing their personal data (such as research, data analysis, information on advertising returns, etc.).
12.16. When registering on the Site and / or using the Site, the user confirms that it is aware and agrees that the Site has the right to transfer the user's personal data in the following cases:
12.16.1. to other persons, if the Site receives the user's consent (intercommunication between users);
12.16.2. to other persons as necessary to pass the user's personal data in order to deliver products or provide services ordered by the user;
12.16.3. to law enforcement agencies, if the Site receives a request according to the procedure specified in laws and regulations of the Republic of Estonia;
12.16.4. to law enforcement agencies, if the Site determines that the relevant user's action violates this Offer conditions and / or laws and regulations of the Republic of Estonia, as a result of what interests of the Site users or other persons are or may be affected.
13. Questions and doubts
13.2. A registered user may request to provide information that the Site keeps regarding to the user. The cost of the service is 10 euro.
14. The Executive's bank account details
OÜ Grape Communications
Office address: 30 325, Estland, Kohtla Järve, Moisa tee 5-68
Legal address: 41 004, Estland, Remniku küla, Alajõe vald, Ida-Viru maakond, Nurga tee 14
Swedbank AS Liivalaia 8
Account # 221051162132
IBAN EE37 2200 2210 5116 2132
15040 Tallinn, Estonia