Terms of service for businesses

DRAFT — requires lawyer review. This text is not in force until a lawyer approves it and the final version is published. The Polish version is the primary one. Parts in square brackets are to be filled in by the owner.

General provisions

1. These terms set out how Havkey provides its services to businesses: developers, real-estate agencies and agents (intermediaries) working on their own account. [For the lawyer: the information duties of a provider established in Estonia — the Estonian Information Society Services Act (infoühiskonna teenuse seadus) and, where relevant, Article 8 of the Polish Act of 18 July 2002 on providing services by electronic means.]
2. The service provider is Uravia OÜ, a company incorporated in Estonia with its registered office at Tornimäe tn 5, 10145 Tallinn, Estonia, entered in the Estonian Commercial Register under registry code 17631710 (“Havkey”). VAT number (KMKR): [to be added after VAT registration]. Contact: the email address in the Operator section at the bottom of this page.
3. These terms apply to businesses only. The Terms of use cover buyers, and the Privacy policy covers personal data.
4. Havkey is an information catalogue. It is not a party to agreements between buyers and developers, agencies or agents and takes no commission on transactions.
5. Havkey provides services only: online advertising, lead generation (a marketing service that delivers buyers’ enquiries) and access to the platform under a subscription plan. Havkey does not sell property and does not broker transactions.

Definitions

• Client: a developer, real-estate agency or agent who uses Havkey’s services under these terms.
• Dashboard: the Client’s account on Havkey (developer, agency or agent dashboard).
• Request: a buyer’s message sent through the form on a project or listing page and passed to the Client.
• Price list: the current net prices published on the Pricing page.
• Advertisement: a paid place on Havkey, always labelled “Advertisement”.

Technical requirements and account

1. To use the Dashboard you need an up-to-date web browser with JavaScript and session cookies enabled, and an email address for one-time sign-in links.
2. A developer gets access to the Dashboard by claiming its company page: Havkey checks the company in the register (KRS or the register of its country) and contacts the person who applied.
3. An agency or agent opens a business account itself. For the “Verified” mark, Havkey checks the NIP and the KRS or CEIDG entry and a valid professional liability (OC) policy of a real-estate intermediary.
4. The Client gives true details and keeps them up to date.

Free services

1. Listing projects, verification and the trust level are free.
2. Trust levels, places in the agency and agent rankings and the “Recommended” order cannot be bought. They change only through Havkey’s checks and the measurable data described on How we verify and How we rank.

Buyer requests (developers)

1. Requests are free in the month in which the developer claimed its page and in the next 3 calendar months.
2. After that, the developer pays for every request that reached it, at the price in the Price list. The following are not billed:
   • repeats: from the same phone number or email about the same project within 30 days (marked automatically);
   • spam and bot requests flagged by the spam filter or by Havkey;
   • requests the developer disputed within 7 days of receiving them as “wrong contact”, “not a buyer” or “spam”, where Havkey upheld the dispute;
   • requests above the monthly spending cap the developer set in the Dashboard. Such requests are still delivered.
3. The “Accept” and “Reject” statuses in the Dashboard are for working with the buyer and do not affect billing.
4. A request whose dispute has not been decided by the day the statement is prepared moves to the next month’s statement.
5. Billing is monthly: on the 1st of each month Havkey prepares a statement for the previous month and, once it is approved, issues a VAT invoice payable within 14 days.
6. The fee per request pays for a lead-generation (marketing) service: Havkey passes the developer the contact of a buyer interested in its project. Havkey takes no part in negotiations or in the transaction and takes no commission on the sale.

Plans for agencies and agents

1. Agencies and agents use a monthly plan: Agent (15 active listings, 1 agent), Agency Pro (75 listings, up to 5 agents), Agency Business (300 listings, up to 25 agents). Prices are in the Price list.
2. The first 3 months from opening the business account are free on any plan, without a card.
3. If the plan is not paid after that, at most 3 listings stay active and the rest move to the archive. Listings are not deleted and come back once the plan is paid.
4. Requests about listings of agencies and agents are included in the plan and are not billed separately.
5. Listings pass automatic checks and Havkey’s moderation before they go live. Havkey may reject or take down a listing that is unlawful, untrue or breaks these terms, and gives the reason.

Advertising and promotion

1. Advertising is optional, paid in advance and runs for a fixed term. The types of places, how many there are and their prices are given in the Price list and on How advertising works.
2. A developer may buy advertising for a project only if it claimed its page and has at least the “Confirmed by developer” trust level, and only for published projects. Listing promotion is available for active listings; the “Featured agency” place is for verified agencies only.
3. Every advertisement is labelled “Advertisement” and has a “Why am I seeing this?” panel with the advertiser’s name, the type of place and who the ad is shown to. Advertising does not change trust levels, rankings or the “Recommended” order.
4. The number of advertising places is limited where the Price list says so. Boosted listings (up to 6 per city) take turns, 3 at a time, rotating every hour. When no place is free, the Dashboard shows the nearest free date from which the advertisement can be booked.
5. Advertising starts once the payment is received, or on the start date the Client chose if that is later.
6. If Havkey removes an advertisement for a reason the Client is not responsible for, it refunds the unused days pro rata.

Prices and payment

1. Prices in the Price list are net. The services are supplied to businesses, and the place of supply is the country where the Client is established. For a Client established in an EU country other than Estonia that has given its EU VAT number, Havkey issues invoices without VAT, marked “Reverse charge / Odwrotne obciążenie”, and the Client accounts for the VAT. Havkey is not yet registered as a VAT payer in Estonia and does not charge VAT; once it is registered, a Client established in Estonia will be charged Estonian VAT at the applicable rate (currently 24%).
2. The Client enters its EU VAT number in the Dashboard (for Polish companies, the NIP with the PL prefix). Without it, orders and payments are not possible and the statement for requests is not issued.
3. Havkey issues a proforma invoice for an order of advertising or a plan. It can be paid by bank transfer to the account on the proforma, or online through the payment operator Stripe (card, BLIK, Przelewy24) where the Dashboard offers it.
4. A change of the Price list does not affect orders already placed.
5. Havkey issues invoices electronically under Estonian rules. [To be completed by the owner and the accountant: the invoicing system.]

Client’s obligations

1. The Client is responsible for the truth and lawfulness of what it publishes (project data, listings, prices, photos and descriptions) and for holding the rights to it.
2. Agencies and agents acting as real-estate intermediaries hold the liability insurance required by law.
3. The Client processes buyers’ data from requests only to answer the request, as a separate controller, in line with the GDPR.

Complaints about the services

1. Complaints about the services can be sent by email to the address in the Operator section.
2. [To be completed: the time for handling complaints and how we reply.]

Liability and termination

1. [To be completed by the lawyer: Havkey’s liability towards businesses, notice period, and what termination means for running advertisements and plans.]
2. Havkey may block the account of a Client that seriously breaches these terms or the law, after first asking it to stop, unless the breach requires immediate action.

Final provisions

1. [For the lawyer: the law governing these terms — with a provider established in Estonia, Estonian law is the natural default.]
2. [For the lawyer: the competent court for disputes.]
3. Havkey informs Clients of changes to these terms by email at least [number] days in advance.