1. Agreement to Terms
By accessing or using the French Riviera House Hunting website and services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access the Services.
2. Description of Services
French Riviera House Hunting provides buyer's agent services for real estate transactions on the French Riviera, including but not limited to:
- Property search and matching based on client criteria
- Market analysis and property valuation
- Viewing coordination and accompaniment
- Negotiation assistance with sellers and listing agents
- Transaction support and coordination with notaires (French notaries)
- Post-purchase assistance and recommendations
Important: We represent the buyer's interests exclusively. We do not represent sellers or listing agents.
3. Eligibility
To use our Services, you must:
- Be at least 18 years of age
- Have the legal capacity to enter into binding contracts
- Provide accurate, current, and complete information during registration
- Maintain the security of your account credentials
4. Service Agreement and Fees
4.1 Engagement
Our services begin upon signing a formal Buyer's Agent Agreement, which specifies:
- Scope of services
- Fee structure
- Duration of engagement
- Exclusive or non-exclusive representation
- Geographic area covered
4.2 Fee Structure
Our fees are typically structured as:
- Success-Based Fee: Percentage of purchase price (typically 3-5%), payable upon successful transaction completion
- Retainer Fee: Optional upfront fee for exclusive representation, credited against success fee
- Hourly Consultation: For advisory services without full representation
All fees are detailed in the Buyer's Agent Agreement and are subject to French VAT (20%).
4.3 Payment Terms
- Success fees are due within 7 days of property purchase completion (signature at notaire)
- Retainer fees are non-refundable but credited against success fees
- Payment accepted via bank transfer (preferred), credit card, or cryptocurrency (Bitcoin, USDC)
5. Client Responsibilities
As a client, you agree to:
- Provide accurate information about your budget, preferences, and financial capacity
- Respond to communications in a timely manner
- Attend scheduled property viewings or provide reasonable notice of cancellation
- Act in good faith throughout the property search and purchase process
- Inform us immediately if you make direct contact with sellers or listing agents
- Pay agreed fees according to the payment schedule
6. Our Responsibilities
We commit to:
- Act in your best interest as your exclusive buyer's agent
- Provide honest, professional advice based on market knowledge
- Maintain confidentiality of your personal and financial information
- Conduct thorough property searches matching your criteria
- Coordinate viewings and provide market analysis
- Negotiate on your behalf to achieve the best possible terms
- Coordinate with notaires and other professionals during the transaction
7. Intellectual Property
7.1 Our Content
All content on this website, including text, graphics, logos, images, videos, and software, is the property of French Riviera House Hunting or its licensors and is protected by French and international copyright laws.
7.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to:
- Access and use the website for personal, non-commercial purposes
- Download materials for personal reference
You may not:
- Reproduce, distribute, modify, or create derivative works
- Use content for commercial purposes without written permission
- Remove copyright or proprietary notices
8. User-Generated Content
If you submit content through our website (e.g., contact forms, reviews, testimonials):
- You grant us a worldwide, royalty-free license to use, reproduce, and display your content
- You represent that you own or have rights to the content
- You agree not to submit illegal, defamatory, or infringing content
9. Privacy and Data Protection
Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We comply with:
- General Data Protection Regulation (GDPR)
- French Data Protection Act (Loi Informatique et Libertés)
- ePrivacy Directive
10. Disclaimers
10.1 No Guarantees
While we strive to provide excellent service, we cannot guarantee:
- That you will find a property meeting all your criteria
- That offers you make will be accepted
- Specific outcomes in negotiations
- Future property value appreciation
10.2 Third-Party Information
Property listings, market data, and other information may come from third-party sources. We make reasonable efforts to verify accuracy but are not responsible for errors or omissions in third-party data.
10.3 Legal and Tax Advice
We provide real estate expertise but are not qualified to provide:
- Legal advice (consult a French avocat)
- Tax advice (consult a tax professional - expert-comptable or conseiller fiscal)
- Financial advice (consult a financial advisor)
11. Limitation of Liability
To the fullest extent permitted by French law:
- We are not liable for indirect, incidental, or consequential damages
- Our total liability is limited to the fees you paid for our services
- We are not liable for losses resulting from your decisions, even if based on our advice
Nothing in these Terms excludes liability for:
- Death or personal injury caused by negligence
- Fraud or fraudulent misrepresentation
- Any liability that cannot be excluded under French law
12. Indemnification
You agree to indemnify and hold harmless French Riviera House Hunting, its officers, employees, and agents from any claims, damages, or expenses arising from:
- Your violation of these Terms
- Your violation of any rights of third parties
- Your use of the Services
13. Termination
13.1 By You
You may terminate the Buyer's Agent Agreement by providing 7 days' written notice. Fees for services already rendered remain due.
13.2 By Us
We may terminate or suspend your access to Services immediately if you:
- Breach these Terms
- Provide false or misleading information
- Engage in fraudulent or illegal activity
- Fail to pay fees when due
13.3 Effect of Termination
Upon termination:
- Your right to use Services ceases immediately
- Provisions regarding payment, intellectual property, and liability survive
14. Dispute Resolution
14.1 Governing Law
These Terms are governed by French law, without regard to conflict of law principles.
14.2 Mediation
Before initiating legal proceedings, parties agree to attempt good-faith mediation through a qualified mediator.
14.3 Jurisdiction
Any disputes not resolved through mediation shall be subject to the exclusive jurisdiction of the courts of Nice, France.
15. General Provisions
15.1 Entire Agreement
These Terms, together with the Buyer's Agent Agreement and Privacy Policy, constitute the entire agreement between you and French Riviera House Hunting.
15.2 Amendments
We may modify these Terms at any time by posting revised terms on our website. Material changes will be communicated via email. Continued use of Services after changes constitutes acceptance.
15.3 Severability
If any provision is found unenforceable, the remaining provisions remain in full force and effect.
15.4 No Waiver
Failure to enforce any right or provision does not constitute a waiver of that right.
15.5 Assignment
You may not assign your rights under these Terms. We may assign our rights to any affiliate or successor.
15.6 Force Majeure
We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control (e.g., natural disasters, pandemics, government actions).
16. Contact Information
For questions about these Terms, contact:
French Riviera House Hunting Email: legal@frenchriviera-househunting.com Phone: +33 (0)X XX XX XX XX Address: [Your Business Address]
Company Registration: SIRET [Number] Professional Indemnity Insurance: [Insurer Name and Policy Number]
Effective Date: January 1, 2025 Last Updated: January 1, 2025
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.