Terms and Conditions

These Terms and Conditions govern the relationship between you (hereinafter referred to as the “Customer”) and Broker List USA LLC, a company registered under the laws of New York, located at 442 5th Ave, New York, NY 10018, with company number 646-741-8291 (hereinafter referred to as the “Company,” “we,” “our,” or “us”). By using any of the services provided by the Company through the website located at www.brokerlistusa.com (the “Website”) or through any other means, you agree and acknowledge that you have read, understood, and unconditionally accepted all of these Terms and Conditions. These Terms and Conditions will be made available to you electronically for your written acceptance.

Article 1 – Definitions

*Agreement*  
The Agreement is a contract to perform Services which the Company will undertake for the purpose of the Customer’s Order. The Agreement will come into effect when the Customer accepts these Terms and Conditions in writing or electronically.

*Customer*  
The Customer is the party that issues an Order for lead generation or any other Services offered by the Company for a set Fee.

*Fee*  
The Fee is the amount paid by the Customer to the Company for the performance of Services. The Fee may vary according to the Services to be delivered.

*Order*  
The Order is the request by the Customer to the Company to perform Services in exchange for a set Fee.

*Quotation*  
The Quotation is a specified statement of work and the related costs for performing these Services. Not every Order is accompanied by a Quotation, only those ordering specific Services different from those listed on the Website.

*Services*  
The Services encompass all work performed by the Company for the Customer’s Order, primarily lead generation and related services

 Article 2 – Applicability and Amendments

Only these Terms and Conditions apply to the creation, content, and compliance with the Agreement between the Customer and the Company. Entering into an Agreement with the Company signifies the Customer’s unconditional acceptance of these Terms and Conditions.

If these Terms and Conditions differ from the Agreement or Quotation between the Company and Customer, the Agreement or Quotation will prevail. Any contradictory terms provided by the Customer are rejected and are not applicable to any Agreement between the Company and the Customer.

If any provision in these Terms and Conditions is found to be void, the remaining provisions will remain in effect. The Company will formulate new provisions to replace the voided ones, carefully considering the scope of the original provisions.

The Company may amend these Terms and Conditions unilaterally. Amended Terms and Conditions apply immediately to any Agreements entered into after the amendments and 30 days after written announcement of the amendment to the Customer for pre-existing Agreements. The Company and the Customer will act as independent contractors, with no joint venture or partnership implied.

 Article 3 – Quotations and Basis of Agreement

Quotations and offers on the Website made by the Company are non-binding and revocable. Quotations expire 14 days after delivery to the Customer.

The Company is not held to Quotations or offers that the Customer reasonably understands to contain a mistake or error. Quotes in Quotations or offers may change due to unforeseen changes in Services. Additional Services will be communicated before commencement.

Quotations and offers on the Website do not automatically apply to future Orders.

 Article 4 – Execution of Agreement and Services

The Company will provide the Customer with Leads via email within 24 hours after the Customer places an Order through the Website. The Company will use reasonable efforts to include the name, office address, phone number, and email address in the Leads but is not obligated to include all this information.

The Company will execute the Agreement to the best of its ability, in accordance with proper business conduct, but only sets out best efforts obligations, not result obligations.

If the Company exceeds a timeframe stated in the Quotation, the Company will inform the Customer in writing. This does not permit the Customer to terminate the Agreement nor does it allow for a refund. In the event that the quoted time has drastically increased, the Company and the Customer will jointly come to an agreement on how to resolve the situation.

The Customer must provide all data, tools, and information required for the performance of the Agreement in a timely, complete, and correct manner. Failure to do so gives the Company the right to suspend the Agreement and/or charge additional costs due to the delay.

The Customer warrants compliance with all applicable laws and regulations, including privacy and data protection laws; has all necessary licenses and approvals; will use the Services for lawful purposes; will use Leads to collaborate with real estate brokers and agents or sell goods/services to them, and will treat Leads with strict confidentiality.

The Company is not responsible for changes in delivery timeframes, third-party software failures, computer viruses, or damage to equipment or data.

To the maximum extent permitted by law, the Company makes no warranties regarding the quality, merchantability, performance, or fitness for a particular purpose of the Services or that the Services will meet the Customer’s requirements.

Article 5 – Payment and Terms of Payment

The payment obligation is assumed by the Customer upon entering into an Agreement with the Company. All prices on the Website are in dollars and include/exclude VAT and other taxes unless stated otherwise.

Prices on the Website apply to individual Orders. Different rates apply to teams or groups, and prices may change based on the Customer’s situation. Payment can be made directly through the Website via Stripe using a credit or debit card.

Article 6 – Refund and Cancellation Policy

The Company does not allow cancellations after an Order has been placed. If the Customer accidentally orders the wrong list, the Company will gladly replace it with the desired list, assuming equal pricing and that the initially ordered list has not already been sent to the Customer. If the quoted time for delivery has drastically increased, the Company and the Customer will jointly come to an agreement on how to resolve the situation. This does not permit the Customer to terminate the Agreement not does it allow for a refund.

Article 7 – Force Majeure, Suspension, and Dissolution

Force majeure includes circumstances beyond the Company’s control, such as war, strikes, transport difficulties, computer malfunctions, power outages, and staff illness, that prevent fulfillment of the Agreement.

In such cases, the Company is not liable for any compensation or termination of the Agreement. The Company may suspend or dissolve the Agreement without judicial intervention if force majeure impedes execution.

If force majeure lasts longer than 60 consecutive days, the Customer may suspend the Agreement without compensation for damages suffered.

 Article 8 – Use, Intellectual Property, and Author Rights

The Company retains the right to use Customer’s works for promotion and publicity. Intellectual property rights in works produced by the Company remain with the Company unless otherwise agreed in writing. Provided ideas, concepts, illustrations, coding, or designs remain the Company’s property and may not be reproduced or modified without written permission.

Article 9 – Liability

The Company is not liable for damages caused by the performance of the Agreement, except in cases of intent or deliberate recklessness proven by the Customer. Liability is limited to direct damage and to the maximum value of the Agreement. Liability for Agreements longer than three months is limited to the value of the last three months. The Customer indemnifies the Company against third-party claims related to the Agreement and is liable for damages suffered by the Company due to the Customer’s failure to fulfill obligations.

 Article 10 – Confidentiality

Both parties must maintain confidentiality of all information received in the context of the Agreement. Leads are considered confidential unless otherwise advised by the Company. The confidentiality obligation continues after the termination of the Agreement.

The Company will treat all personal information acquired in the performance of Services with respect and ensure secure storage.

Article 11 – Miscellaneous

The Company may assign this Agreement and its rights/obligations without notice. This Agreement binds and benefits the parties and their successors and assigns. Headings are for reference only and do not affect the interpretation of the Agreement.

Failure to enforce any provision does not constitute a waiver. No waiver of any provision constitutes a continuing waiver unless expressly provided. This Agreement, together with the Privacy Policy, constitutes the entire agreement and supersedes prior agreements regarding the subject matter.

Article 12 – Applicable Law

The laws of New York, United States, govern the legal relationship between the Company and the Customer. The courts in New York have jurisdiction over any disputes unless otherwise prescribed by law.