Introduction & Definitions
These Terms of Service ("Terms") constitute a binding agreement between A2A Limited, a company incorporated in Gibraltar ("A2A", "we", "us", or "our"), and the real estate agency, brokerage, or individual agent that registers for or otherwise uses our services ("Member Agent", "you", or "your").
"Platform" or "A2A Platform" means the A2A website, web applications, application programming interfaces (APIs), and any related software, tools, or services made available by A2A, including without limitation listing syndication, client and agenda management, the web builder, newsletters, cloud storage, and reputation features. "Network" means the community of Member Agents connected through the Platform.
By creating an account, accessing, or using the Platform, you confirm that you have the authority to bind the agency or business you represent, and you agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein. If you do not agree to these Terms, you must not access or use the Platform.
You must be legally authorized to operate as a real estate agent or agency under the laws of the jurisdiction(s) in which you operate in order to use the Platform.
Listing Guidelines
Properties previously listed, sold, or marked as off-market cannot simply be relisted as available after a significant period. Such properties must be re-entered as new listings with new reference numbers. Upon cloning, the original listing must be updated to reflect a sold or off-market status.
Recycling or modifying old reference numbers for new listings on the Platform is strictly forbidden.
New listings must be introduced through the [Add Property] feature, ensuring each receives a unique reference number.
When a property receives an offer or reservation deposit, its status should be promptly updated to either Under Offer or Sale Agreed.
It is imperative to maintain accurate status representations for all listings, avoiding any deliberate misclassifications.
Content
Agents commit to only listing properties on the Network under the conditions that:
a valid listing and commission contract is in place, duly signed by the owner of the property or their authorized representative; and
the listed property does not involve third-party agents or intermediaries, barring Bank Repossessions and New Developments.
Agents bear full responsibility for the veracity and completeness of their property listings on the Platform, absolving A2A of any responsibility for inaccuracies in the listings.
Duplication of property descriptions or photographs from listings by other agents is strictly forbidden.
Listings shall not include misleading details (such as incorrect photos, pricing, dimensions, descriptions, amenities, or addresses).
Each property must be listed with its accurate cadastral reference, identifying the property being offered for sale.
Listings must not contain identifiable information, including but not limited to names, company affiliations, phone numbers, websites, video links, or specific location details that could facilitate direct third-party access to the property. The acceptance of property descriptions is subject to our discretion.
All property information must remain current and updated.
Listings involving third-party agents or intermediaries are to be marked as Not Shared and will be accessible solely to the listing agent.
Photographs
Each property listing must include at least one interior photograph. We advise capturing a variety of images, ideally one for every significant area such as each room, terrace, storage space, garden, pool, and parking.
Only photographs taken by the listing agent, their team, or those directly provided by the property owner should be used in listings.
Replicating photographs from other listings is strictly forbidden.
Images must not feature any watermarks or identifiers like the agency's name, logos, personal initials, contact numbers, websites, 'For Sale' signage, or images of agency vehicles that could reveal the identity of the listing agent or property owner.
All photographs must adhere to specified size and format standards. For further details, click here.
To safeguard your images, consider activating our watermark feature in your company settings.
Only complaints about images with activated watermark protection will be considered.
Collaborations
Collaborative Property Listings The initial agent to declare a property as shared obtains the privilege to distribute the listing among other member agents within the Network, subject to the conditions outlined below.
Display of property listings will be as follows:
The earliest shared listing of a property will be the default display, indicating the count of any existing duplicate listings.
Agents have the option to review all versions and select the listing agent they prefer to collaborate with for information or viewings.
Sharing Long-Term Residential Rentals Only long-term residential rentals may be shared on the Network if:
there is an agreement with the property owner/landlord that they will cover all agency fees (for both the listing and collaborating agents, if any) and the listing agent for rentals is willing to share commission with an agent bringing a renter. Listings requiring tenants to pay any portion of the commission must be marked as Not Shared.
Availability
Response to Availability Inquiries from Other Agents All inquiries regarding property availability from fellow Member Agents or A2A should be addressed truthfully and within a 10-day timeframe.
Email notifications to update property status will be dispatched on the 3rd and 7th days.
Ignoring availability inquiries beyond the 10th day will result in the property being marked as unshared until its status is verified.
Compliance
Every Member Agent bears the responsibility for ensuring their company adheres to relevant regulations, facing direct accountability for any infractions or penalties arising from regulatory audits.
Agents who integrate property listings from others into their websites or marketing materials via WebAPI or XML feeds must ensure these listings comply with regulatory standards.
A2A disclaims responsibility for the veracity of provided information and any resultant fines or disciplinary actions against Member Agents for regulatory breaches.
A2A commits to diligent efforts in maintaining the accuracy and currency of data transmitted through WebAPI and XML feeds.
Quality Assurance We are dedicated to delivering premium quality data, with the onus on all Member Agents to uphold these standards.
Should you encounter a listing that violates our terms, please report it using the [Report this Property] feature on the listing page or reach out to us directly.
We retain the authority to conduct periodic reviews of listings and may request documentation to ensure compliance with our terms.
Non-adherence to these guidelines may lead to the revocation of sharing rights, account suspension for the Member Agent, or other actions as determined by A2A.
The extraction of agent contacts or property details from the Platform via software or manual means is strictly forbidden.
Utilizing the Platform's database for unauthorized purposes (e.g., data harvesting, spamming) is prohibited.
Terms Update We reserve the right to amend these terms periodically to mirror changes in our operations, legal mandates, or service features. Notice of substantial modifications will be communicated through the service interface or other means, like email, allowing you to review the changes before they come into effect. Your continued use of the service post-update signifies your agreement to the amended terms. Should you object to the changes, you are advised to cease using the service.
For inquiries about these terms or our services, please get in touch with us.
Billing
- Our service operates on an auto-renewing subscription model, with billing periods set to monthly, semi-annually, or annually.
- We accept various forms of payment including online card transactions (both debit and credit cards), direct debits, and bank transfers.
- Subscription fees are charged at the commencement of each billing cycle, with initial payments due upon account activation.
- In the event of a payment default, an automated notification will be sent, and a grace period of seven days will be provided for payment resolution.
- Failure to settle the dues within this grace period may lead to a downgrade of your account from Network to Standalone status.
- For any requests to extend service beyond the grace period, please respond to the Payment Notification specifying the anticipated payment date. Such extensions are subject to our approval, and we reserve the right to refuse them.
Billing Information
- Member agents are required to furnish accurate details for billing purposes.
- Modifications to billing information can be made by account holders with administrative privileges through initiating a conversation with our Customer Support.
- A2A retains the discretion to decline modifications to already issued invoices.
- In instances where tax authorities query the accuracy of provided details, the member agent acknowledges their responsibility for any additional charges incurred for professional services needed to address such enquiries.
Service Fees
Access to the Platform is provided on a pre-payment model.
All fees, inclusive of VAT and any other applicable charges, must be settled by the Member Agent in alignment with the stipulations of these Terms & Conditions and our established fee schedule.
Refund Policy
Our refund policy is strict, with exceptions limited to:
- Instances of erroneous billing.
- Pro-rata refunds in the event of account termination initiated by us, for the unused portion of prepaid services.
Please note, lack of use does not qualify for a refund.
Termination Policy
- Member Agents are entitled to terminate this agreement anytime via initiating a chat through their account on the Platform, provided the chat is initiated by an account holder with Administrator rights.
- Termination will take effect the day before the next scheduled billing cycle, unless an alternative termination date is specified.
- No penalties will be imposed for account termination.
- In the event of termination by A2A, the Member Agent waives all rights to claims related to such termination.
- As an alternative to termination, Member Agents may opt to downgrade to a complimentary Standalone account.
Service Discretion
As a private enterprise built on trust, A2A maintains the unequivocal right to refuse service to any Member Agent or applicant, without the necessity to disclose reasons.
The Platform is dedicated to nurturing a collaborative space among agents, prioritizing mutual support over rivalry. Therefore, A2A reserves the right to limit or withdraw access to the Platform for agents who partake in prohibited activities, including but not limited to:
- Engaging in solicitation for properties not listed under their authority without explicit written permission from the listing agent. - Initiating direct contact with clients introduced by other agents, absent the express written consent of the referring agent. - Repeated non-compliance with the stipulations set forth in these Terms and Conditions.
Please be advised, a preliminary caution may be extended for a first-time offense as a forewarning that subsequent violations will culminate in account deactivation. The decision to issue such warnings lies solely with A2A.
Disclaimers & Liability
The Platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, A2A makes no warranties or representations, express or implied, regarding the Platform, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement, or that the Platform will be uninterrupted, secure, or error-free.
A2A and its officers, employees, and agents shall not be liable to the Member Agent for any loss of business, contracts, profits, anticipated savings, data, or goodwill, damage to hardware or software, or for any indirect, incidental, or consequential loss arising under or in connection with these Terms.
Responsibility for the content on the Platform rests with the Member Agents who are the originators of such content. Although A2A strives to verify the content's accuracy, complete reliability cannot be guaranteed, and A2A disclaims any liability for errors or omissions in the property listings or other content provided by Member Agents.
Nothing in these Terms shall limit or exclude A2A's liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded under the laws of Gibraltar. Subject to the foregoing, A2A's total aggregate liability to a Member Agent arising out of or in connection with these Terms, whether in contract, tort, or otherwise, shall not exceed the total fees paid by that Member Agent to A2A in the twelve (12) months immediately preceding the event giving rise to the claim.
Data & Intellectual Property
All ancillary data related to listings on the Platform, derived or obtained through different methods including external data sources beyond our clients' contributions, regardless of the mode of entry, is proprietary to A2A. We exclusively hold the right to use such data and maintain the discretion to grant or deny access to any entity, at any determined cost.
The Platform, including its software, design, look and feel, trademarks, trade names, logos (including "A2A" and "Better Together"), and underlying technology, is owned by or licensed to A2A and is protected by applicable intellectual property laws. Except as expressly permitted under these Terms, you may not copy, reproduce, modify, distribute, reverse-engineer, or create derivative works based on the Platform.
Member Agents retain ownership of the content they submit to the Platform (including property listings, photographs, and descriptions), but grant A2A a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, and distribute that content across the Platform and Network for the purposes of operating and providing the service.
Data Protection & Privacy
A2A processes personal data in accordance with applicable data protection laws, including the Gibraltar General Data Protection Regulation (Gibraltar GDPR) and, where applicable, the UK GDPR and EU GDPR. Details of how we collect, use, store, and protect personal data are set out in our Privacy Policy, which is incorporated into and forms part of these Terms.
Member Agents are responsible for ensuring that any personal data they submit to or process through the Platform (including data relating to clients, property owners, or other third parties) is collected and shared with A2A and other Member Agents on the Network in compliance with applicable data protection laws, and that they hold all necessary consents or other lawful basis for doing so.
Indemnification
You agree to indemnify, defend, and hold harmless A2A and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your access to or use of the Platform; (b) any content you submit, including property listings, photographs, and descriptions; (c) your breach of these Terms; or (d) your violation of any applicable law or the rights of any third party.
General Provisions
Force Majeure. A2A shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labour disputes, or internet, telecommunications, or utility failures.
Entire Agreement. These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and A2A regarding the Platform and supersede any prior agreements or understandings.
Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
Assignment. You may not assign or transfer these Terms, or any rights or obligations under them, without A2A's prior written consent. A2A may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganisation, or sale of assets.
Waiver. No failure or delay by A2A in exercising any right under these Terms shall operate as a waiver of that right, nor shall any single or partial exercise of a right preclude any other or further exercise of it.
Notices. Any notices required under these Terms should be sent to A2A using the contact methods made available on the Platform.
Governance and Mediation
These Terms, and any dispute or claim arising out of or in connection with them, their subject matter, or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Gibraltar.
Each party irrevocably agrees that the courts of Gibraltar shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation.
Before commencing any formal proceedings, the parties agree to use reasonable, good-faith efforts to resolve any dispute through negotiation between authorized representatives.