GENERAL TERMS AND CONDITIONS APPLICABLE ON THE WEBSITE WWW.ONEMOREHECTARE.COM

Article 1 - Scope

These general terms and conditions (hereinafter referred to as the "Contract") specifically apply to the business relations between Shelby Verbanck (project OneMoreHectare.com) , whose registered office in Belgium is at Sint-Paulusstraat 84 / 0301, 8400 Oostende, registered in the BrugesRegister of Legal Persons under number 526.979.422. (hereinafter referred to as "Shelby Verbanck"), on the one hand, and on the other hand the Client responsible for placing advertisements concerning immovable property for sale or to let (hereinafter referred to as the "Advertisements") and/or advertising space ensuring the Client's visibility on the www.onemorehectare.com website or web application (hereinafter referred to as the "Site").

"Client" means professional clients, i.e. real estate agencies recognised by the Institute of Professional Real Estate Agents (IPI)or other national real estate agent unions, promoters, organisers of holiday accommodation (hotels, holiday villages, etc.), notaries and in general any person and/or any company or organisation that regularly places immovable property on the market for sale or to let.

This Contract applies on a par with the Terms of use and the articles concerning privacy (Privacy policy) which can at all times can be consulted on the Site and are regarded as being expressly included in the present terms and conditions. They are therefore deemed to have been read and approved by the Client. In case of any contradiction between this Contract and the Terms of use, this Contract takes precedence in contractual relations with the Client.

This Contract contains all the contractual provisions between OneMoreHectare and the Client regarding the services offered therein, with the exclusion of any prior agreement.

This Contract is considered as being fully and unconditionally accepted by the Client following the Client's order for Advertisements on the Site and/or following the order of any optional service.

OneMoreHectare may change the provisions of this Contract at any time in order, among other things, to adjust to changed market conditions and to comply with any statutory and regulatory provisions, etc. Moreover, OneMoreHectare also reserves the right to change the configuration and contents of the Site at any time. To the extent possible and save for an explicit clause in this Contract providing otherwise, every major change, e.g. the periodic adjustment of the rates charged (see Article 3), must be notified to the Client by letter or email. However, the Client remains obliged, and undertakes, to take cognisance of changes from the moment they are published on the Site. In no case can OneMoreHectare be held liable for any damage connected with the fact that the Client has not kept himself informed of updates to the Terms of use, thePrivacy policy or this Contract.

Article 2 - Object

OneMoreHectare grants the Client the right to transfer Advertisements to the Site and update them, subject to the following conditions:

The Client is solely responsible for the transfer and updating of the Advertisements, as follows:

via a software for transfer and managing real estate advertisements that is compatible and which has an agreement with OneMoreHectare;
via the web interface at the URL-adres https://brokers.onemorehectare.com/en/broker/login(hereinafter referred to as “broker login”

The photos concerning the Advertisements are systematically transferred and updated in the same way via the aforementioned web interfaces or via the software for transfer and managing real estate advertisements.

Article 3 - Procedures and rates charged for Advertisements

The Advertisements are placed online for variable periods at the rates applicable to them as indicated on the Site.

OneMoreHectare has the right at all times to change the rates charged for Advertisements and/or for technical and administrative services and/or any optional services. The changes are communicated to the Client by letter and/or by email to the address indicated by the Client when placing the Advertisements. Any changes to the rates are also published on the Site. The changed rates are immediately applicable to any Advertisements newly placed by the Client and to Advertisements he has not removed, as provided for in the paragraph below.

The Client is solely responsible for updating and withdrawing the Advertisements he has placed on the Site.

Any Advertisements which the Client has not withdrawn from the Site by the due date provided for shall automatically be maintained on the Site and be invoiced anew (as though they were new Advertisements) in accordance with the rates applicable immediately after expiry of the period.

Beforea Client placesan Advertisement, an account is opened for him by OneMoreHectare and he will be recorded in the database. This account will remain active even if the Client does not offer any immovable property on the Site. The costs of administrative and technical follow-up of this service shall be invoiced to the Client every month, or every yearin accordance with the rates in force, until the Client himself notifies OneMoreHectare by letter and/or email that he wishes to definitively close his account.

These General Terms and Conditions also apply to any optional service (advertising page, statistics, etc.) that has been agreed between OneMoreHectare and the Client at the rates in force, and any change relating thereto shall also be communicated to the Client by letter and/or by email to the address he has indicated.

If, and so long as, the Client does not announce most of his immovable property on the Site and/or if he has no longer updated his Advertisements for over a month, OneMoreHectare reserves the right to deactivate the hyperlinkto the Client's website and/or suspend all optional services, and the Client shall not be able to claim compensation or reimbursement in respect thereof.

Article 4 - Intellectual property rights and contact details of the Client

The Client declares that he has been authorised by the owners to sell or let the property or properties that are the subject of the Advertisements and that he has ascertained that the data mentioned in the Advertisements are accurate.

Moreover, the Client declares that he is the holder or concessionaire -or at least that he can show proof of having obtained all the necessary authorisations from the holders in connection with the publication of the Advertisement -of all the rights, including any copyright, rights of ownership and moral rights relating to the graphical and other elements that form an integral part of the transferred or updated Advertisements (photos of the immovable property and their interior, Client's logo, etc.) (hereinafter referred to as the "Work").

For the period during which the Advertisements are online on the Site and for the public, the Client grants OneMoreHectare all rights of reproduction and communication to the public connected with the information and elements transmitted by the Client includingin particular:

the right to record the information and the elements transmitted by the Client through any technology and reproduce them on any data carrier;
the right to disseminate and communicate them to the public through any communication technology (internet, radio waves, cable, satellite, mobile or land-based telecommunication networks, DSL, etc.);
the right to adapt and change the information and elements transmitted by the Client such as,inter alia, the logo and photos so as to ensure publication of optimum quality on the Site, in particular through scanning, reprography and any image editing software;
the right to technically modify contents and particularly the content of advertisements (which may occur in the case of reutilization), for example to make them compatible for distribution via other channels, such as mobile phones;
the right to reproduce in the Advertisement the Client's name and any contact information that the Client has transmitted for publication, in particular the postal address, the name of the person responsible, IPI registration number(or other national RE unions)(or CRT number for notaries), telephone number, mobile phone number, email address, link to the website, etc.

The Client guarantees OneMoreHectare the unfettered exercise of the rights granted to it and consequently holds OneMoreHectare harmless against any legal actions instituted by third parties claiming to hold rights relating to the information and elements which the Client has provided to OneMoreHectare and shall indemnify OneMoreHectare for any damages it would have to pay to such third parties (including administrative expenses, lawyer's fees and procedural costs).

Article 5 - Obligations of the Client

The Client may transfer Advertisements to the Site only within the framework of his own professional activities and therefore undertakes to refrain from transferring Advertisements to the Site on behalf and/or for the account of other real estate agencies and other professionals. Use of the Site shall be strictly limited to presenting immovable property connected with the Client's professional activities. The Client shall refrain from any act of unfair competition vis-à-vis OneMoreHectare and shall in particular, but not exclusively, refrain from implicitly or explicitly advertising the services of any service providers similar to the services provided by OneMoreHectare.
The Client acknowledges that he accepts sole and full liability for the contents of the Advertisements he transfers to or updates on the Site and accordingly undertakes to hold OneMoreHectare and/or its associated companies (within the meaning of Article 11 of the Belgian Company Code) harmless against any legal action or any other actioninstituted by third parties or administrative or public authorities in connection with the contents of the Advertisements and will indemnify OneMoreHectare for any damages, fines, taxes or other payments that may be claimed from it (and/or from its associated companies) following such action, including administrative expenses, legal fees and costs of proceedings which OneMoreHectare and/or its associated companies would incur as a result of legal action instituted by a third party.
If a Client receives personal data from OneMoreHectare, the Client acknowledges that he must respect the purpose for which the data were given to him and comply with the obligations set out in Article 11 of this Agreement. The Client acknowledges that he accepts sole and full liability concerning the processing of information in compliance with the data protection rules in force. He accordingly undertakes to hold OneMoreHectare and/or its associated companies (within the meaning of Article 11 of the Belgian Company Code) harmlessagainst any legal action or any other action instituted by third parties or administrative or public authorities in connection with the processing of the data and will indemnify OneMoreHectare for any damages, fines, taxes or other payments that may be claimed from it (and/or from its associated companies) following such action, including administrative expenses, legal fees and costs of proceedings which OneMoreHectare and/or its associated companies would incur as a result of legal action instituted by a third party.
The Client is responsible for the correct use of the software for transfer and managing real estate advertisements for the transfer or updating of Advertisements on the Site. The Client also assumes responsibility for any consequences or costs resulting from any change in its software. Save as otherwise expressly agreed with OneMoreHectare , the Client recognises and accepts that any change of software entails new encoding of its Advertisements ordered on the Site which will be invoiced to him at the rate in force at that time (as if they were new Advertisements), without the Client being entitled to any discount or refund of the price or to any compensation for the Advertisements that were encoded prior to the change in software.
As the success and reputation of the Site depend on the accuracy and quality of the data it contains and their regular updating, it is of essential importance for OneMoreHectare that the Client undertakes to:
- transfer or update on the Site Advertisements containing accurate information that is as complete as possible such as the photos, plans, descriptive texts, technical, and urban planning and financial information; photo means any photograph explicitly representing an immovable property or part thereof (excluding in particular: localisation maps, posters, logos, etc.);
- ensure that this information and also any references and data are in all respects compliant with the Contract, the Terms of use and the Privacy policy of the Site as well as complying with all the applicable provisions laid down by law;
- immediately after transferring the Advertisements verify whether they are online on the Site and ascertain the accuracy of the data they contain (because, among other things, of the risk of a failure of the data to transfer to the Site or of distortion of the contents of the data in the course of transfer);
- update the Advertisements transferred to the Site whenever their contents are changed, in order to make sure that the Advertisement contains the latest information at all times, and
- bearing in mind that a property that has been sold or let can in no case remain present in the database of property for sale or to let, immediately carry out an update so as to:
  1. deactivate the Advertisement related to a sold or let property or
  2. publish it in the section containing sold and let properties of the Site as soon as the property has been sold or let.
Without prejudice to the provisions of Article 6, it is agreed that:
1. In the event of a failure to comply with one or more of the provisions of this Article 5, and/or
2. If particular data relating to the Advertisement and/or relating to the Client are so confused or vague that their accuracy may reasonably be called into question;
3. In general, as any data communicated by the Client may interfere with the proper workings of the Site,

the Client authorises OneMoreHectare to withdraw from the Site the data that are non-compliant or, where this would reasonably prove to be necessary, withdraw the Advertisement and/or restrict the publication of the Client's Advertisements (as set out in more detail in the Terms of use).Withdrawal of non-compliant data or the Advertisement itself shall not give rise to any rights for the Client to claim refund or damages.

Het verwijderen van niet-conforme gegevens of van de Advertentie zelf geeft de Klant geenszins recht op terugbetaling of een schadeloosstelling.

Article 6 - Obligations of OneMoreHectare

Every 24 hours, 7 days a week, OneMoreHectare shall, to the extent possible, process the Advertisements and the information related to the Advertisements which the Client has transferred via transfer software for managing real estate advertisements or which the Client has updated via the Site.

OneMoreHectare will then put the Advertisements online, as well as the information related to the Advertisements.

The Client may do the following via his "Broker Login" account:

displaying invoices in detail;
searching for and listing of current Advertisements (active or inactive);
displaying his Advertisements about to expire;
displaying the options about to expire;
displaying price alerts;
consulting frequency statistics for his Advertisements which are provided only indicatively;
for the Advertisements which are transferred via transfer software for managing real estate advertisements, consulting a report on any transfer problems that have occurred over the past four days.

The update of elements listed under points 3 and 4 will in principle be carried out twice a month.All the obligations of OneMoreHectare resulting from this Contract are best endeavours obligations.

OneMoreHectare is permitted to process the personal data of the Client's contacts. It must however observe the laws on theuse of personal data as set out by the applicable Data Protection regulations. As such, OneMoreHectare will only use the personal data to contact the Client in connection with the execution of this agreement and to inform him of any new products and/or services that it has to offer.

The Client will inform OneMoreHectare of any change of the person of contact or any change in personal data. The Client will inform the person of contact that his personal data are being used for the purposes described in this paragraph.

Article 7 - Cancellation by OneMoreHectare

OneMoreHectare may immediately cancelipso jureall the obligations it has vis-à-vis the Client under this Contract, without the Client having any right to damages or refund, if the Client:

fails to meet any one of the obligations incumbent upon him under this Contract, the Terms of use and/or the Privacy policy of the Site;
is subject to dissolution, bankruptcy or liquidation proceedings, suspension of payments or insolvency;
fails to meet the provisions laid down by law and/or by code of professional conduct applicable to him.

Cancellation of this Contract entails the immediate withdrawal of all Advertisements on the Site and the obligation of the Client to immediately stop transferring Advertisements or any other data to the Site.

Article 8 - Payment conditions

All invoices issued by OneMoreHectare are payable on receipt of invoice. Any contestation of an invoice is valid only if it is effected within five (5) days of its receipt and provided it is submitted by registered letter. It should be noted that invoices and their details can at all times beconsulted on the following sitewww.onemorehectare.comor the “broker Login”
Without prejudice to the provisions of Article 7 of this Contract, if one or more invoices are not paid:
- The sums due but not paid on the due date will,ipso jureand without prior notice, be increased by one per cent (1%) interest a month counting from the due date of the invoice. Any partial month shall be counted as a full month for the purpose of calculating interest. Moreover, the amount of the invoice will automatically be increased by 10% of the invoice, with a minimum of fifty euros (€ 50) as lump-sum compensation for failure to pay the invoice;
- OneMoreHectare may also refuse any new orders of Advertisements placed by the Client and/or deactivate the Client's account and therefore withdraw all Advertisements ordered by the Client, without the Client having any right whatsoever to refund or damages;
- Without prejudice to the right of OneMoreHectare to refuse new orders placed by the Client, the account can be reactivated only after all sums due have been paid in full, increased where appropriate by default interest and other costs. The Client acknowledges and accepts in such cases that reactivation entails new encoding of his Advertisements ordered on the Site which will be invoiced to him anew at the rate in force at that time (as if they were new Advertisements) save if the Client and OneMoreHectare have expressly agreed otherwise.

Article 9 - Release of liability

All the obligations of OneMoreHectare resulting from this Contract are best endeavours obligations.
In no case can OneMoreHectare or its associated companies (within the meaning of Article 11 ofthe Belgian Company Code) be held liable:
- for any damage (including indirect damage, loss of income or loss of profit) suffered by the Client or resulting from any action by third parties taken against the Client, regarding any information transmitted by the Client relating to the Advertisements or their contents or the fact of putting Advertisements online on the Site, or as a result of misuse or unauthorised use of elements/information put online on the Site;
- for the quality and/or proper results of the Advertisements which the Client has transferred to the Site;
- for any interruption, suspension or cancellation of its obligations arising from this Contract that are attributable to an event reasonably beyond OneMoreHectare 's control or to force majeure. For the purposes of executing this Contract, the following are considered as cases of force majeure in addition to those normally provided for by Belgian law: total or partial strike, lock-out, blocking of means of transport, earthquakes,epidemics/pandemics, fire, storm, flooding, water damage, computer breakdown or network breakdown including breakdown of the internet, and blocking of telecommunication.
If, notwithstanding the provisions laid down in this Article 9, OneMoreHectare and/or one of its associated companies (within the meaning of Article 11 of the Belgian Company Code) were to be held liable vis-à-vis the Client on any grounds, its (their) (joint) liability shall remain limited to refunding by OneMoreHectare (or the associated company, where appropriate) of the amount of the invoices which OneMoreHectare has sent to the Client in the last three months preceding the occurrence of the damage proven by the Client.

Article 10 - Confidentiality

Except in cases where the law so requires or if the relevant information is in the public domain, the Client undertakes to refrain from disclosing any information obtained from OneMoreHectare and/or one of its associated companies (within the meaning Article 11 of the Belgian Company Code) and/or concerning its activities to any third party without the express prior consent of OneMoreHectare . This obligation of confidentiality is incumbent on the Client from the first day of collaboration and remains in force for five (5) years following the last order of an Advertisement.

Article 11 - Personal data protection

As part of the application of the General Data Protection Regulation (GDPR), the following obligations form an integral part of this Contract. Where there are contradictions between the content of article 11 and other articles of this Contract, article 11 takes precedence.
Transfer of the Client's personal data to OneMoreHectare : As part of the services provided, the Client may be required to transfer personal data to OneMoreHectare , whether data about tenants, property owners, service providers or others. For data that are provided to OneMoreHectare , the Client guarantees thathe has the consent or any other legitimate ground for these data to be processed by OneMoreHectare (in order, for example, to be published in an online advertisement or so that the Client's persons of contact can receive information about the OneMoreHectare products and/or services).
Transfer of personal data by OneMoreHectare to the Client: As part of the service provided to the Client, OneMoreHectare may transfer personal data on a third party to the Client in order to fulfil the required service (for example, in order for the Client to respond to a question from a third party concerning the property that has been advertised).
Under these circumstances, personal data given to the Client must be treated by the Client in accordance with the General Data Protection Regulation and the Client must observe the following rules:
- he must comply with all the rules of protection of personal data that apply to him, including the General Data Protection Regulation. Moreover, he must respect data subject rights (for example: the right to rectification, the right to object to the use of information for commercial ends, the right to erasure);
- given the state of knowledge, implementation costs, the context and the purpose of the processing as well as the risks, he must implement the appropriate technical and organizational measures to ensure a level of safety adapted to the risk;
- he can only use the data for the purposes for which they were provided by OneMoreHectare. Any subsequent use incompatible with the original purpose is strictly prohibited;
- he must obtain a legitimate ground in order to use the personal data for other purposes than that initially agreed upon and, if necessary, the direct consent of the person concerned (for example to be able to send the person commercial information by electronic means).
Client's use of data published on the OneMoreHectare Site:As part of the services provided to the Client, the latter may have access to the personal data of persons placing advertisements on the OneMoreHectare Site. The Client may only use these data for the purpose for which the information was published on the Site. The Client will therefore refrain from proposing, without legitimate agreement, its services (for commercial ends) to persons who place Advertisements. OneMoreHectare provides a tool to contact the Client if they wish to be helped by a professional. Therefore, the Client may only contact those people who have used the said tool to reply to them for the purposes of commercial prospection in accordance with the applicable data protection regulations.

Article 12 - Miscellaneous provisions

The Client undertakes to refrain from passing on to a third party all or part of the rights and obligations resulting from this Contract without the prior written consent of OneMoreHectare . The Client remains jointly and severally subject to all the obligations resulting from this Contract and in particular, but not limited to, the payment of invoices with the third party or parties to which it has transferred all or a part of its activities. The Client undertakes to immediately notify any change of address and any change relating to the structure and/or data of his company.
Save as otherwise expressly provided for in this Contract, any notification addressed to either of the parties must, in order to be valid, be served by registered letter with acknowledgement of receipt and/or by email or fax.
The nullity, invalidity or non-enforceability of one of the above provisions, whether in full or in part, does not invalidate this Contract as a whole. Only the provision in question shall be deemed to be non-existent and the Client accepts that OneMoreHectare will replace this provision by another one which, as much as possible, will serve the same purpose.
This Contract is governed by Belgian law. The courts of Brugesare solely competent to deal with any dispute arising.