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- Conditions of participation tipster program
Real estate tip to MoneyPark - Conditions of participation:
1. subject of the tipster program
The recommending person (hereinafter "Tipster") forwards the contact details of a person (hereinafter "Real Estate Seller") who would like to sell his real estate to MoneyPark (hereinafter "Real Estate Tip"). The Tipster receives a commission for the referral (hereinafter "Tipster Premium") if, based on the Real Estate Tip, a publicly notarized purchase agreement or a legal transaction economically equivalent to a sale is concluded regarding the Real Estate Seller's Real Estate.
The submission of the real estate tip by the tipster to MoneyPark constitutes an offer by the tipster to MoneyPark to conclude a brokerage contract between the tipster and MoneyPark. The brokerage contract in accordance with the provisions of these Terms and Conditions of Participation comes into effect with the acceptance of the real estate tip by MoneyPark. MoneyPark is free to reject the referral by a tipster or the real estate tip at any time and without giving reasons.
2. tipster premium
The amount of the tipster premium (one-time commission) is 20% of the effective fee that MoneyPark receives for its marketing service from the brokered real estate seller upon conclusion of a purchase agreement for the brokered real estate seller's property. This fee is agreed upon in the marketing order, which is concluded between MoneyPark and the brokered real estate seller, and is measured as a percentage of the effectively achieved sales price or consists of a lump sum.
With the one-time payment of the tipper bonus, the tipper is fully compensated. The tipster premium is not entitled to any additional remuneration or reimbursement of expenses in addition to the tipster premium. In particular, there is no claim if the real estate tip is not accepted by MoneyPark or if MoneyPark should not procure a buyer for the real estate for any reason..
The tipster premium includes any taxes and duties. The tipster premium is paid to a Swiss bank account of the tipster's choice.
The tipster premium is due for payment 30 days after the claim arises and the tipster provides the bank details (the later event triggers the deadline).
3. eligibility
The claim to a tipster premium arises at the time of payment of the real estate seller's fee to MoneyPark (receipt of payment).
- The entitlement of the tipper to a tipper bonus requires; (cumulatively) that MoneyPark accepts the real estate tip, i.e. a brokerage contract is concluded between the tipster and MoneyPark;
- that as a result of the mediation by MoneyPark a legal transaction within the meaning of section 1 of these Conditions of Participation between the real estate seller and a real estate buyer is legally concluded;
- that at the time of receipt of the real estate tip MoneyPark was not yet aware of the real estate seller's intention to sell his real estate;
- that the real estate seller announced with the real estate tip is identical with the signatory of the marketing order; and
- that the brokered real estate seller has explicitly agreed to the real estate tip.
A real estate seller can only be referred once.
In the event of termination of the marketing contract between the brokered real estate seller and MoneyPark without the brokerage of a buyer for the real estate, no claim to a tipster premium arises even if MoneyPark can charge the brokered real estate seller compensation for the effort actually made.
Insofar as the tipster is contractually obligated to be loyal to a brokered real estate seller in connection with the brokered services of MoneyPark, the tipster must obtain the consent of the real estate seller in question to receive the tipster premium or fully disclose the tipster premium to the real estate seller. A duty of loyalty in this sense exists, for example, if the real estate seller has commissioned the tipper for his part to find a suitable real estate marketer for the real estate seller.
4. eligibility and exclusion
Only natural persons resident in Switzerland are eligible to participate in the tipster program.
The following persons are excluded from participation in the tipster program:
- The tipster has not yet reached the age of 18.
- The tipster arranges himself and/or the relatives living in the same household (e.g. spouse or cohabiting partner, children, etc.) as real estate sellers
- The tipster is an employee of MoneyPark or a relative of an employee of MoneyPark.
- The tipster is an employee of a MoneyPark partner company with which a contractual compensation arrangement has been agreed.
- The tipster has a corporate relationship with MoneyPark.
5. further provisions
MoneyPark assumes no liability for any violations by the tipster against the data protection law valid at the time of the transfer of the data, against any contract with the real estate seller or against any provisions regarding the professional duties of the tipster. The tipster shall independently ensure compliance with legal and any contractual and professional regulations.
Should individual provisions of these Conditions of Participation be invalid or unenforceable or subsequently become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
MoneyPark's privacy policy applies.
The tipster and MoneyPark do not form a simple partnership and are not bound by instructions from each other. The parties each act in their own name and for their own account. In particular, the tipper is neither an agent nor a representative of MoneyPark.
The place of jurisdiction is the court with subject-matter jurisdiction for the city of Zurich. Swiss substantive law is exclusively applicable.
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