Corporate Membership Agreement
Sample text; requires legal review. This text should be reviewed by a lawyer before it is published.
This Corporate Membership Agreement governs the relationship between XOUNOX (“Imotilist”; ЕИК: —, ДДС №: —, МОЛ: —), established in the Republic of Bulgaria, and the real estate agencies, property developers and other companies that open a corporate account on the Site (“Corporate User”).
The Terms of Use, the Client Representative Data Privacy Notice and the Price List apply together with this agreement.
1. Parties and Scope
Corporate accounts are business users within the meaning of Regulation (EU) 2019/1150 (the P2B Regulation). Pursuant to Закон за електронната търговия (ЗЕТ) чл. 1 ал. 4, online intermediation services within the meaning of the P2B Regulation are also information society services.
Imotilist is not a party to any sale or rental agreements relating to the properties advertised, does not act as a real estate broker and is not responsible for the performance of those agreements.
2. Accessibility of the Terms
These terms are written in clear and comprehensible language and are easily accessible on this page at every stage of the relationship, including before the corporate application (P2B Art. 3).
3. Changes and Right of Termination
Changes to these terms that affect corporate users are announced by email and dashboard notification at least 15 days before they take effect. The corporate user may terminate the agreement within this period (P2B Art. 3).
For corporate subscribers, price changes are notified at least 15 days in advance.
4. Restriction, Suspension and Termination
The restriction or suspension of a corporate account is notified with a statement of reasons. Complete termination of the service is notified with a statement of reasons at least 30 days in advance, except in cases of legal obligation or serious breach (P2B Art. 4).
Content decisions may be challenged through the channels set out in Article 5.1 of the Terms of Use.
5. Ranking Criteria and Paid Visibility
By default, search results are ranked according to criteria such as publication date, match with the filters and completeness of the listing information. Paid products such as Highlight, Showcase, Platinum Showcase and Social Showcase increase a listing’s ranking and visibility. These listings are clearly marked with a “Featured” / “Showcase” label (P2B Art. 5, DSA Art. 26-27, ЗЕТ чл. 5).
6. Obligations of the Corporate User
- Real estate agencies clearly state their trade name in listings; a professional advertiser may not present themselves as an individual user.
- Real estate agencies are personally responsible to their clients for their own legal obligations (including consumer legislation and the Закон за мерките срещу изпирането на пари).
- With regard to the data of the agency’s own clients that the agency enters into the CRM, the agency is the data controller and Imotilist is the data processor acting on behalf of the agency (GDPR Art. 28).
7. Right of Withdrawal
Corporate users are not consumers. The right of withdrawal under the ЗЗП does not apply to corporate purchases. There is no statutory right of withdrawal for corporate (real estate agency / company) subscriptions. Cancellation takes effect at the end of the current period.
8. Complaints
Corporate users can send their complaints to [email protected].
9. Governing Law and Competent Courts
This agreement is governed by the law of the Republic of Bulgaria. The competent Bulgarian courts in Sofia have jurisdiction over disputes.
10. Contact
For any questions, requests or applications regarding this text, you can send an email to [email protected] or use the form on our Contact page.