Terms and Conditions
Valid from 1.8.2024
Safiro Advisory s.r.o. a.s., Company ID: 03558410 with registered office: Jeseniova 55, 130 00 Praha 3 – Žižkov, registered in the Commercial Register of the Municipal Court in Prague, file number C233095, operates a real estate advertising portal called muj2domov.cz and your2home.eu.
WHO ARE THESE TERMS AND CONDITIONS FOR?
The service muj2domov.cz and your2home.eu and these terms and conditions are intended mainly for so-called real estate intermediaries, which the new Act No. 39/2020 Coll. on Real Estate Mediation describes as “entrepreneurs providing real estate mediation”. Real estate intermediation is described by the same law as ‘an activity whose purpose is to mediate the conclusion of a real estate contract’, and this activity, which you carry out on a daily basis, includes everything from finding prospective buyers, advertising real estate, arranging property inspections and arranging the safekeeping of funds.
These terms and conditions also apply to a reasonable extent to other entities that offer properties for use or purchase to interested parties through these portals as part of their business (typically developers, service companies belonging to the developer’s holding company, companies established solely for the purpose of renting or selling properties owned by these companies, etc.). For the purposes of these conditions, these entities will also be referred to as a real estate agent and their activities as real estate intermediation.
We will provide the Real Estate Agent with access to an account on the Service through which listings relating to the properties for which it provides real estate brokerage can be entered and edited. Through the service muj2domov.cz and your2home.eu, we allow the real estate agent to display advertisements for properties offered by him. This right of the real estate agent to display the advertisement does not affect or restrict our right to use or exploit the remaining space on the muj2domov.cz and your2home.eu service, including the advertising space located in the details of individual advertisements. We will only allow the insertion and editing of property advertisements by the real estate agent in the manner and to the extent that these Terms and Conditions, the Listing Rules and the technical parameters of the muj2domov.cz and your2home.eu service provide for.
On our service, the real estate agent most often acts as an independent real estate agent or as a real estate agency. If you are a real estate agent providing real estate brokerage on behalf of another real estate agent under contract, or if you are doing so on your own behalf but with the unmistakable use of another real estate agent’s trade name or trademark, please contact us at info@muj2domov.cz and we will help you set up the service correctly. Typically, these will be franchise real estate networks (i.e. networks that use a common logo, but the individual real estate agents are always separate entities that do business under their own identification numbers and the master franchise is not responsible for the business of its members) or branch real estate networks (i.e. networks whose members use a common name, logo and all do business under one identification number with the head office being responsible for the business of its members).
BASIC PRINCIPLES OF THE SERVICE
Each real estate agent has one account and under this account: (i) manages all its requests and data; and (ii) publishes only real estate listings for which the real estate agent actually carries out the real estate intermediation itself. In order to provide prospective purchasers with true and accurate information about the real estate agent for a given property, the real estate agent’s account on the Service will include the real estate agent’s identifying information from public records, as well as information that we will obtain through a written statement that our staff will ask you to complete. The statement will include, among other things, additional information about whether you are an independent estate agent, estate agency, property developer or provide property brokerage for another specific estate agency or whether you are part of a specific franchise or branch estate agency network.
Any sharing of accounts and access data between different real estate agents or shared use of accounts between different real estate agents is prohibited. This rule applies to the placement of advertisements and not to normal administrative activities relating to the running of the estate agent.
Any artificial merging of advertisements or artificially lowering the price of advertisements is prohibited and it is therefore not possible, for example, to:
a) the estate agent has advertised properties under his account on the service for which he does not provide estate agency services;
b) on the real estate contract for the advertised property and on other related documents, the identification data of real estate intermediaries other than the one under whose account the offer is advertised or exported have been provided;
c) a different real estate agent has been indicated on the contracts than the one indicated on the advertisement for the same property on the service, unless it is a case where the owner has authorised more than one real estate agent at the same time in relation to the same property or has concluded a real estate agency contract with them;
d) the real estate agent only resells or displays other people’s real estate advertising or collects it in one place, since the real estate agent using our service must actually and demonstrably actively sell, rent or auction the property and must actually provide the services on which the real estate agency is based;
In order to ensure a maximally transparent environment on the service for users of the muj2domov.cz service, we have the right to request from the real estate agent supporting documents and documents proving compliance with the rules set out in these Terms and Conditions, such as a reservation contract, real estate agency contract or insurance policy confirming the conclusion of the insurance policy, whereby you can anonymize personal data of individuals, the price of the property or the real estate agent’s commission to a reasonable extent on these documents. The documents may be transmitted in the original as a certified copy or electronically, including the corresponding electronic identifiers proving the authenticity and validity of these documents. The full identification details of the actual real estate agent of the property in question and the designation of the specific property advertised must always appear prominently on the document, at least to the extent of the information available on that property in the Land Registry. We shall also be entitled to require you to enter into a real estate agency contract with another real estate agent on whose behalf or in accordance with the unmistakable use of his/her trade name or trademark you are entitled to provide real estate agency services, which contract shall also be subject to the necessary degree of anonymisation.
As a real estate agent, you are only entitled to upload data to the Service that is in accordance with the applicable and effective legal regulations, respects these Terms and Conditions, good morals and public order and does not in any way harm the rights and legitimate interests of Safiro Advisory s.r.o. or other persons. We may unilaterally and without compensation, refrain from posting or remove any content that is in violation of this policy from the Service. If a third party makes a legal claim against us due to a violation of this section of the Terms, you shall indemnify Safiro Advisory s.r.o. for the damages caused. If you violate the rules set out in 2) to 5) above, we may apply a contractual penalty of CZK 50,000 for each proven violation of these rules or we may limit or terminate our cooperation with you, depending on the severity of the violation. However, we will always first ask you in writing for an explanation of the matter and give you a reasonable time to respond.
HOW TO USE THE MUJ2DOMOV.CZ AND YOUR2HOME.EU SERVICE?
Before you can use the service and access your account, you need to:
1. Open the website https://muj2domov.cz (or the EN version of your2home.eu)
2. Click on the dummy icon in the menu.
3. Click Login or Register.
4. A popup will open where you select Register and enter your details.
5. After successful registration you will log in.
6. After logging in, click on Add Property, you will be notified that you must select a package to add a property – Click on the Get Package button and you will only go through the ordering process.
The specific advertisements of the properties offered by you are uploaded through your account on the service muj2domov.cz and your2home.eu and the content of these advertisements must be in accordance with and comply with the Advertising Rules. If you post a real estate advertisement on the muj2domov.cz and your2home.eu service, you agree that the advertisement, including all its elements, will be made available to all users of the Internet, both on the muj2domov.cz and your2home.eu service and through other services operated by Safiro Advisory s.r.o. or its contractual partners, such as social networks managed by Safiro Advisory s.r.o..
The muj2domov.cz and your2home.eu service, all of its content and other content and technical elements that are directly related to or otherwise directly connected with the muj2domov.cz and your2home.eu service constitute a database (hereinafter referred to as the “Database”) and are subject to copyright protection in accordance with applicable law. We hold the rights to the Database from the database provider and it is prohibited to interfere with the Database in any way, in particular to extract it, without our written consent.
IT IS FORBIDDEN:
i. unauthorised access to or manipulation of data on muj2domov.cz and your2home.eu;
ii. use software or other computer programs to mine the database of the muj2domov.cz and your2home.eu service (in particular by scraping data or other similar means);
iii. to perform the so-called URL redirect, where the URL address in the advertisement on the service muj2domov.cz and your2home.eu must not point to commercial real estate servers or servers with the same or similar thematic content;
iv. create conditions for the creation or exploitation of any security weaknesses in the technical interface of muj2domov.cz and your2home.eu;
v. interfere with the technical and/or content elements of the muj2domov.cz service (e.g. by using spyware, viruses, Trojan horses, computer worms and similar programs that violate the integrity of the muj2domov.cz service).
We will not be responsible for your activities on muj2domov.cz and your2home.eu or for the manner in which you use muj2domov.cz and your2home.eu. We are not responsible for:
i. any misuse of the muj2domov.cz and your2home.eu service by you or third parties; or
ii. misuse of the database in breach of these terms and conditions. If a third party breaches these Terms and Conditions in a manner that infringes your right to the Real Estate Listing Content, you, as the holder of all rights in such content, agree to pursue any rights and claims arising from such infringement directly against the infringer of such rights.
If you upload advertisements from supported third-party real estate software solutions or your own applications or use other additional services (in particular statistics), we are not responsible for the timeliness or accuracy of such data. If you are no longer interested in using the Service, you may cancel your account by submitting a request via email to info@muj2domov.cz. The header (“subject”) of the email will state “Access Cancellation Request”. We will then contact you to agree a settlement of rights and obligations. We are not obliged to archive the information and data you enter into the muj2domov.cz and your2home.eu service.
PRICE AND PAYMENT TERMS
A. 6 month advertising package – price 1 200 EUR. Up to 30 ads.
B. 12 month advertising package – price 2 400 EUR. Up to 80 ads.
The price is payable in one lump sum on the basis of an invoice with a due date of 7 days. The service is active after payment of the invoice. We reserve the right to unilaterally change the price list. We are also entitled to change the product portfolio of the muj2domov.cz and your2home.eu service and, if we do so, we will refund the payments already received for the services not performed on the basis of a corrected tax invoice due 14 days after its issue, or we will offer you appropriate compensation.
IS IT POSSIBLE TO COMPLAIN ABOUT THE MUJ2DOMOV.CZ SERVICE?
If you are not satisfied with the service, you can complain about a specific fault or deficiency by emailing info@muj2domov.cz or by sending a letter to the headquarters of Safiro Advisory s.r.o. You may complain within 14 calendar days from the date on which you became aware or could have become aware of the specific fault or deficiency in the service. If we do not publish the advertisement you have ordered or we publish it incompletely or incorrectly, then the claim period runs from the date on which the advertisement should have been published or was published in an incomplete or incorrect form. We have 30 calendar days from the date of receipt of the complaint to resolve the complaint.
Objections to invoices – tax documents can be made in writing within 7 calendar days after receipt of the invoice – tax document. If the muj2domov.cz service is inoperable for less than 6 hours without interruption during a calendar day, this is not a reason for complaint.