Insertion rules for SMG’s Digital Marketplaces in the Real Estate Sector
These Advertising Rules form an integral part of the General Terms and Conditions of the Digital Marketplaces of SMG Swiss Marketplace Group Ltd in the Real Estate Sector [LINK]. All terms defined therein have the same meaning below.
In order for our marketplaces to keep the quality of advertised properties high and thus make the search experience as pleasant as possible for real estate seekers, the following advertising rules have been defined for the publication of properties:
- Search ads are not allowed on the marketplaces. Our search order is available for this purpose.
- Only real estate may be advertised on the marketplace. The advertising of furniture and services is not permitted on the marketplaces.
- Each advertising location can only be used for one property at a time.
- For ads with a predefined fixed term, the ad space cannot be used for another property.
- Advertisements may only be published by third parties with the consent of the owner or property management company.
- Ads must comply with applicable law.
- A customer may not split slots among several agencies/brokers that are not officially and/or legally linked to each other. Customers may not resell our services. We reserve the right to terminate the agreement in the event of a breach.
- All information published in the ad must be true and refer to the advertised property.
- This includes but is not limited to the following details:
- Price of the property
- Location of the property (street, postcode, city/town and canton)
- Size and orientation
- Details of the responsible contact person
- Condition of the property
- Pictures and plans of the property
- Mandatory fields must be filled in with the correct information so that the property can be found by seekers.
- A valid telephone number or e-mail address for contacting must always be provided in the ad.
- Erotic, discriminatory, political and illegal content is not permitted.
- Ads may not contain any abusive content. Content is assumed to be abusive particularly (but not exclusively) where offers are created solely for the purpose of attracting the attention of interested parties. Such abusive offers shall be deemed to exist in case including but not limited to the following:
- Imprecise, false and/or incorrect information about the property;
- Ads are misused as advertising space for the provider or third parties (e.g. images and offers that are unrelated to the project and blanket it with advertising);
- Posting in a wrong category; information that does not match the content intended for the respective input field or is intended for another input field; advertising properties or offers for which no category exists on the platform;
- Multiple posts of the same property (including duplication of previously posted properties) or re-publication of the same property within a short period after deleting of the offer, including but not limited to the consecutive deletion and reposting of the same offer multiple times within a short period of time by automated means to circumvent the contractual limitation on the number of ads;
- Referrals of interested parties for fee-based services or telephone services that go beyond the standard brokerage activities;
- The “Price” field must include the actual gross rental / final sale price of the property. Alternatively, the phrase “Price available on request” may be used. Ads lacking a specific price will appear last in the list of results.
- The advertiser must hold the image rights or a right to use the uploaded images.
- The uploaded images must represent the property advertised or must contain information that is relevant for the seeker (surroundings, views, etc.).
- No addresses (e-mail or postal address), telephone numbers or vehicle registration numbers may be visible in images used in ads. Images of persons whose faces are clearly recognisable in the photos may only be used with the consent of the respective persons.
- The use of images with erotic, discriminatory, political or illegal content or that serve the purpose of company advertising (logo, text, banner, etc.) is not permitted.
- Supplementing photos of the property with symbols and labels that simulate any SMG add-on product is prohibited.
Review of ads
- For quality reasons, every new ad is checked before it is published. If an ad does not meet these Advertising Rules, SMG reserves the right to request changes from the advertiser. SMG may reject ads without stating reasons. By performing the review, SMG does not assume any responsibility for the content of the reviewed ads.
- Ads that contradict these Advertising Rules will be rejected and will not be published.
Refund of services
- In the event of early success (rental/sale of the property) of ads running for a predefined fixed term, ad costs charged in advance for any unused publication days shall not be refunded.
- The costs of booked add-on products (online booking by advertiser) shall not be refunded.
Measures in the event of non-compliance
- SMG reserves the right to delist properties containing prohibited content without prior notice and to warn the advertiser in this regard.
- In the event of repeated quality defects, breaches or misuse, SMG reserves the right to block or delete an advertiser’s portfolio, to no longer release future ads and to invoice the incurred damages accordingly.
- Should the breach of these rules result in benefits for the Customer which, if used properly, would require the purchase of a fee-based product, SMG reserves the right to invoice separately the costs for the respective product.