regulations
General conditions
This document embodies the general terms and conditions applicable to the contract between Gris Real Estate Ltd. (hereinafter: “the Company”) and any client who contacts the Company to receive services to locate properties for him on the island of Lefkada and/or the Epirus region and/or in Greece in general (hereinafter: “the Client”).
1. Settings
The following terms shall have the meaning stated below: 1.1 “Parties” the Client and the Company together. 1.2 “Properties” residential properties, land and/or commercial properties on the island of Lefkada and/or the Epirus region and/or in Greece in general where the Company will offer properties to the Client. 1.3 “Services” the services described below, as updated from time to time by the Company. 1.4 “Rightholder” the owner and/or holders and/or legal representatives of the property required by the Client for purchase and/or rental. 2. Client Obligations The Client hereby declares, confirms and undertakes that: 2.1 He is interested in contracting with the Company and receiving the services from the Company for the consideration that will be agreed upon between the Parties and paid as stated below and that he has and undertakes to fulfill all of his obligations hereunder, including the payment of the consideration that will be agreed upon between the Parties as stated below. 2.2 There is no prohibition, restriction or impediment of any kind, including by virtue of law or agreement, to his entering into an agreement with the Company and the performance of all his obligations. 2.3 That he has received from the Company any information he requested regarding the properties in which he is interested. 2.4 That he will carefully read, in person and/or through his attorney, the sales agreement for the property and/or any additional document related to the property and its purchase, including, but not limited to, architectural plans, diagrams, construction plans, a draft registration of the property, technical specifications, if any, and the remaining documents that will be delivered to him, and he hereby waives any demand and/or claim and/or against the Company and/or anyone on its behalf in respect of the sales agreement and/or its appendices and/or the services and/or its obligations described below. 2.5 That he is aware that the Company has entered into agreements with subcontractors in order to provide the services and that it may be required to sign agreements with the subcontractors directly and that the Company does not bear any responsibility for the actions and/or omissions of the subcontractors. 2.6 That he is aware that he has not and has not received from the Company and/or anyone on its behalf any commitment and/or promise for any future profits or at all due to the purchase of the property and the customer will not have any claims and/or demands and/or claims against the Company in respect of the profitability of the investment in the property and/or the price of the property. 2.7 That he is aware that the information presented by the Company does not constitute any representation of the Company and/or anyone on its behalf. All information provided by the Company and/or anyone on its behalf constitutes a representation of the rights holder only and/or the subcontractors. The Company is a marketing company only and is not responsible for the representations of the rights holder and/or the subcontractors. 2.8 That he is aware that his willingness and desire to purchase a property and the suitability of the property to his needs and preferences are not known to the Company, are not within its field of expertise, and the Company does not provide any legal and/or tax and/or other advice to the Customer, who is free to use advisors on his behalf for the purpose of examining the purchase, the contract documents and the structure of the transaction. 3. The Consideration 3.1 For the services that the Company provides to the Customer, the Customer will pay the Company a consideration as agreed between the parties (hereinafter: “the Consideration”). 3.2 Without prejudice to the generality of the foregoing, it is hereby clarified that the consideration for the services provided by the Company as detailed below does not include the payment of fees and/or expenses and/or payments to authorities and/or any tax that is required and/or costs of subcontractors, including lawyers, architects, engineers, contractors, management services, etc. 3.3 The consideration will be paid in full to the Company upon signing an agreement and/or memorandum of understanding (the first of these) for the sale of the property between the Customer and the rights holder and will constitute a percentage of the price of the property that was agreed upon between the parties. 3.4 The consideration will be paid to the Company by bank transfer, to the bank account to which the Company will request the Customer in writing to make the bank transfer, or by bank check drawn in favor of the Company. 3.5 The Company will not be liable for taxes or other mandatory payments that apply or will apply to the Customer by virtue of the provisions of this Agreement or by virtue of the law and will deduct from the consideration any tax or payment that is required to be deducted at source according to Dean.
3.6 For the avoidance of doubt, it is hereby clarified that the consideration is final, exhaustive and inclusive and that apart from the consideration as aforesaid, the Company shall not be entitled to any payment, reimbursement of expenses or any other right in respect of the Services, unless otherwise agreed between the parties in advance and in writing. 4. Exclusivity and non-competition The Client grants the Company exclusivity for a period of 12 months for the purpose of locating properties for the Client on the island of Lefkada and/or the province of Epirus and/or in Greece and for the purpose of providing the Services.
5. Independent contractor
It is hereby agreed and declared that there is no intention of the parties to create an employee-employer relationship, partnership relationship or agency relationship between the Company and the Client.
6. responsibility
6.1 It is hereby expressly agreed and clarified that the Company shall not bear any responsibility whatsoever and/or liability whatsoever for any bodily injury and/or loss and/or property damage of any kind (including but not limited to any indirect and/or consequential damage) that may be caused to the Customer and/or anyone on its behalf in connection with the Services. For the avoidance of doubt, the Company shall not bear any responsibility whatsoever for the acts or omissions of the subcontractors employed by it. 6.2 The Customer undertakes to compensate and indemnify the Company immediately upon receipt of its first demand, for any claim, demand, damage, expense or loss that may be caused to the Company in connection with an act or omission of the Customer and/or anyone on its behalf and/or any matter for which the responsibility according to these General Terms and Conditions or by law applies to the Customer. 7. Obligation of Confidentiality The parties undertake to maintain the confidentiality of any information that directly or indirectly concerns the Company and/or the Customer. The above shall not apply to information that is in the public domain, provided that such information did not become public knowledge due to an act or omission of one of the parties or to information that a party to this agreement must provide due to any requirement of permission. If it is determined that the customer and/or someone on his behalf has transferred information to a third party in a manner that would cause the Company to lose exclusivity in accordance with this agreement, the Company shall have the right to claim from the customer the loss of its profits in respect of those assets. 8. General
8.1 Each party undertakes to act honestly and fairly towards the other party and not to do any act and/or action that may harm the good name and business of the other party. 8.2 The law applicable to this agreement is the law of the State of Israel. The unique and exclusive jurisdiction regarding this agreement is vested solely in the courts authorized for this purpose in Tel Aviv-Yafo, and the parties expressly waive the local jurisdiction of other courts throughout the country. 8.3 Any notice that one party to this agreement wishes to send to the other, in connection with this agreement and anything arising from it, shall be sent by registered mail and/or fax and shall be deemed to have been received by its certificate within 72 hours of its delivery for delivery.
The services
The company provides customers interested in purchasing a property for any purpose on the island of Lefkada in Greece in particular and/or in Greece in general with a comprehensive service that includes support in the process of locating and selecting the appropriate property, purchasing the property, renovating the property and/or constructing a property on building land.
The services provided by the company and included in the consideration are:
| Property Locator | The company specializes in locating properties for clients on the island of Lefkada in Greece and in Greece in general, including: · Inspecting the property and adapting it to the client’s needs and goals, subject to the client’s requirements; · Contracting with a local surveyor to measure the property by an engineer or to measure architectural plans if the property is built; · Inspecting the property and obtaining approvals from the authorities regarding the boundaries of the property and any restrictions on it; · Obtaining signed approval from the neighbors for the property for sale, as required; · Contracting with a local law firm for a legal examination of the property, including a historical investigation of registration and the absence of liens and/or mortgages and/or any restrictive third-party rights; · Managing business negotiations with the owners of the property for sale. |
| Architectural accompaniment | The company offers its interested clients assistance in contacting a local architect for architectural assistance for interior design and/or planning of a new building. |
| Working with the authorities in Greece | Working with the various authorities in Greece, including taxes, construction, forests, local authorities, etc. It is hereby clarified that the company is not responsible for obtaining the permits and/or carrying out the various registrations and its role is only to assist in obtaining them. |
| Contracting and construction | The company offers its clients a tender through which a contractor/engineer will be selected for the construction of a new building and/or renovation of an existing building. For the avoidance of doubt, the engagement with the contractor will be made by the client and the client will bear the contractor’s costs. |
| Accounting support | The company offers its clients accounting assistance in Greece, including: · Assistance and assistance in opening a bank account in Greece; · Introduction to a local CPA who is familiar with local tax laws. For the avoidance of doubt, the client will bear all costs associated with opening a bank account and/or engaging with a local CPA. |
Additional services offered by the company for which an additional fee is required:
| Legal assistance | The company has contracted with a local law firm in Greece to provide legal assistance and also offers its clients legal assistance from Israeli lawyers. |
| Property registration | The company provides its clients with a full service for registering the property and transferring it to the buyer’s name, including: · Obtaining a number in “Taboo” in Greece; · Opening a file with the tax authorities in Greece. |
| Resident status registration | As required, the company will provide its clients with service and assistance in local residency registration procedures, including: · Handling Greek “resident” status; · Filling out documents and obtaining a health insurance number as required in Greece. |
| Taxation | The company provides its clients with a full service for paying the taxes involved in purchasing the property and transferring it to their name. For the avoidance of doubt, the company does not provide advice on international taxation and tax costs apply to the client only. In addition, the provision of this service is conditional on the client’s full cooperation in submitting any required documents and signing any required forms. |
| Property business consulting | The company provides its clients with business advice regarding the marketing and management of the property, including: · Assistance in preparing an annual business plan; · Assistance and guidance in opening a company; · Connection to a local management company if the buyer is interested in renting the property; · Building a marketing system and material; · Marketing the property by the company to potential tenants; · Assistance in locating a local insurance company. For the avoidance of doubt, these services will be provided for an additional fee to the company as determined by the parties. |
| Management | The company offers its interested clients management of the property they purchase, including rental and ongoing care of the property. To avoid any doubt, the contract with and payment to the management company will be made by the client alone. |