Terms of Service for Sellers

Last Updated: February 21, 2025

These Terms of Service for Sellers ("Seller Terms") constitute a legally binding agreement between you (whether an individual or a legal entity, hereinafter "you" or "Seller") and RealCapital, the entity operating the Seller Dashboard at https://board.realcapital.ie/ ("Seller Dashboard") and the RealCapital Marketplace ("Marketplace"). By registering as a Seller and using the Seller Dashboard, you acknowledge that you have read, understood, and agree to be bound by these Seller Terms, which are in addition to the general Terms of Use and Privacy Policy applicable to all users of the Marketplace. Throughout these Seller Terms, RealCapital is referred to as "we," "us," or "our."

If you do not agree with these Seller Terms, you are expressly prohibited from using the Seller Dashboard or listing properties on the Marketplace and must discontinue use immediately.

We may supplement these Seller Terms with additional terms, conditions, or documents posted on the Seller Dashboard, which are incorporated herein by reference. We reserve the right to modify these Seller Terms at our sole discretion. Changes will be indicated by updating the "Last Updated" date above, and your continued use of the Seller Dashboard thereafter constitutes acceptance of the revised terms. You are encouraged to review these Seller Terms periodically.

TABLE OF CONTENTS

  1. Definitions

  2. Seller Registration and Account Management

  3. Property Listing and Content Upload

  4. Subscription and Payment Terms

  5. Seller Responsibilities

  6. Data Protection and Privacy

  7. Communication and Interaction with Buyers

  8. Property Transaction Process

  9. Prohibited Activities

  10. Termination of Seller Accounts

  11. Dispute Resolution

  12. Governing Law and Jurisdiction

  13. Miscellaneous

  14. Contact Information

1. Definitions

For the purposes of these Seller Terms:

2. Seller Registration and Account Management

2.1 Registration Process

Sellers are required to register an account on the Seller Dashboard in order to list properties on the Marketplace. Agencies must undergo a verification process, which includes manual reviews of their website, online reviews, and company details. We may request additional information during this process, and failure to provide such information may result in the suspension or termination of the account. Property owners are not subject to verification but must provide accurate contact information, including their name, email address, and phone number.

2.2 Account Security

Sellers are solely responsible for maintaining the confidentiality of their login credentials and for all activities conducted under their account. Sellers must immediately notify us at [email protected] of any unauthorized use of their account or any other breach of security.

2.3 Agency Profiles and Features

Agencies may create a profile page on the Site, which includes a description, contact details, and publicly available reviews from platforms such as Trustpilot, Google, and Facebook. Additionally, Agencies may utilize the website builder feature to display their listings on their own domain, provided they comply with these Seller Terms in full.

3. Property Listing and Content Upload

3.1 Listing Guidelines

Sellers may list any type of property, provided the Site supports the selected category and parameters. All Property Listings must include accurate and complete information, with mandatory fields for location and price. Agencies are required to obtain explicit authorization from property owners prior to listing their properties on the Marketplace.

3.2 Content Upload

Sellers are permitted to upload text descriptions, images, and links to YouTube videos as part of their Property Listings. We reserve the right to compress images and add watermarks to all uploaded photos at our discretion. There are no specific size or format restrictions, but all content must comply with the technical requirements of the Site.

3.3 Verification of Listings

All Property Listings are subject to a verification process, which will be completed within five (5) business days. Listings may be rejected for reasons including, but not limited to, inaccurate or incomplete data, non-compliance with Site categories, false or misleading information, legal violations, duplicate listings, or internal strategic policies. If a listing is rejected, Sellers may request a refund for the associated Subscription payment.

3.4 Intellectual Property Rights

Sellers retain ownership of the content they upload but grant RealCapital a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content for marketing and promotional purposes related to the Marketplace, including advertising listings on the Marketplace or in related materials.

4. Subscription and Payment Terms

4.1 Subscription Model

Sellers must purchase a Subscription to list properties on the Marketplace. Subscription tiers and their associated features are published on the Seller Dashboard. Subscriptions are charged on a monthly basis via Stripe or PayPal and renew automatically unless canceled by the Seller.

4.2 Payment and Renewal

Subscriptions are billed automatically each calendar month. Sellers may cancel their Subscription at any time through the payment system or the Seller Dashboard. Failure to make timely payments will result in the suspension of all Property Listings until payment is restored.

4.3 Refund Policy

Sellers may request a refund for the most recent month’s Subscription payment within thirty (30) days of the payment date. Refunds for previous months are not available. If a Property Listing is rejected during the verification process, RealCapital may cancel the Subscription and issue a refund upon the Seller’s request.

5. Seller Responsibilities

5.1 Accuracy of Information

Sellers are obligated to provide accurate, complete, and up-to-date information in all Property Listings. Agencies must have explicit authorization from property owners to list their properties on the Marketplace.

5.2 Compliance with Laws

Sellers are responsible for ensuring that their Property Listings comply with all applicable local, national, and international laws, including real estate and data protection regulations. RealCapital shall not be liable for any legal violations arising from content provided by Sellers.

6. Data Protection and Privacy

Seller data is handled in accordance with the Privacy Policy for Sellers, which is incorporated herein by reference. Personal data (such as name, email, and phone number) and agency information (such as company name, address, and social links) may be collected and publicly displayed on the Marketplace. Payment details are not published and are used solely for verification and compliance with regulatory requirements.

7. Communication and Interaction with Buyers

7.1 Direct Communication

Sellers and Buyers communicate directly via email or phone, using contact details provided in the Property Listings. The Marketplace does not offer internal messaging or customer relationship management (CRM) tools to facilitate such interactions.

7.2 Reporting Issues

Sellers may report complaints or issues, such as spam or harassment, through designated forms on the Site or by emailing [email protected]. RealCapital will investigate such complaints within five (5) business days and reserves the right to suspend accounts during the investigation period.

8. Property Transaction Process

RealCapital does not process property sales transactions or provide tools, such as document sharing or contract templates, to assist with transactions. All negotiations, agreements, and payments related to property sales occur directly between Sellers and Buyers. RealCapital is not a party to any transaction and assumes no responsibility for its outcome.

9. Prohibited Activities

Sellers are prohibited from engaging in the following activities:

10. Termination of Seller Accounts

10.1 Grounds for Termination

RealCapital may terminate a Seller’s account for reasons including, but not limited to, inactivity, violation of these Seller Terms or applicable laws, provision of false or misleading information, or failure to respond to requests for additional information during investigations.

10.2 Termination Process

Upon suspicion of a violation, RealCapital may request additional information from the Seller and temporarily suspend the account. If no response is received within five (5) business days, the account will be permanently terminated. Terminated accounts cannot be reinstated, and attempts to create new accounts under false pretenses are prohibited.

10.3 Refund Upon Termination

If RealCapital terminates an account, Sellers may request a refund for the most recent month’s Subscription payment, provided the request is made within thirty (30) days of termination.

11. Dispute Resolution

11.1 Disputes Between Sellers and Buyers

Disputes arising from property transactions must be resolved directly between Sellers and Buyers. RealCapital does not mediate or arbitrate such disputes.

11.2 Complaints and Investigations

Complaints regarding Sellers or Buyers may be submitted via the Site’s forms or by email to [email protected]. RealCapital will investigate complaints within five (5) business days and may take actions such as account suspension or termination if violations are confirmed.

12. Governing Law and Jurisdiction

These Seller Terms are governed by the laws of Ireland. Any disputes arising from or related to these Seller Terms shall be subject to the exclusive jurisdiction of the Irish courts.

13. Miscellaneous

13.1 Amendments

RealCapital reserves the right to update these Seller Terms at any time. The "Last Updated" date will reflect the latest changes, and your continued use of the Seller Dashboard following such updates constitutes acceptance of the revised terms.

13.2 Waivers

Our failure to enforce any provision of these Seller Terms does not constitute a waiver of that provision or of our right to enforce it at a later time.

13.3 Severability

If any provision of these Seller Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13.4 Force Majeure

RealCapital shall not be liable for delays or failures in performance due to events beyond our reasonable control, including but not limited to natural disasters, internet outages, or governmental actions.

14. Contact Information

For questions, complaints, or requests regarding these Seller Terms, please contact:

RealCapital

BBOX Limited Partnership

The Black Church, St Mary's Place, Dublin 7, D07 P4AX, Ireland

Email: [email protected]