SERVICE AGREEMENT TERMS & CONDITIONS

INTRODUCTION

White Bricks S.L with C.I.F. B42601427 (hereinafter "WHITE BRICKS") offers commercial services in Spain relating to the publication and marketing, both nationally and internationally, for any client (the "CLIENT") who is the private owner of a property in Spain, who is interested in publishing his/her property for sale and in accordance with the general conditions set out on the website page www.whitebricks.eu (the "Website").

WHITE BRICKS is a company dedicated to the provision of marketing services which are related to the commercialization of properties owned by third parties. The CLIENT, as the private owner and title holder of such a property ("the property"), that is the object of sale, wishes WHITE BRICKS to proceed with the provision of such marketing and publication services, in order to promote a potential sale of the same.

The service provided by WHITE BRICKS to the any CLIENT who registers and provides their bank details, either directly on the WEB or through the assistance of a WHITE BRICKS representative, shall be regulated by the general conditions contained in this agreement. With no exception, it is mandatory that both parties comply with the General Conditions set forth in this agreement and with any future modifications and addendums.

COMPANY DESCRIPTION

WHITE BRICKS provides the professional services via the promotion and marketing of a property owned by the CLIENT, which is offered for sale, under a regime of non-exclusivity, and through the development of a commercial activity that markets and advertises on the web, under the terms and conditions described below.

SERVICES

The professional services that will be carried out by WHITE BRICKS are part of a subscription plan or, hereinafter, "PLAN WHITE BRICKS", which is automatically fixed once the CLIENT registers on the Website and uploads a properly; the details and legitimacy of which are assured by the CLIENT. The marketing and sale of the property of the CLIENT are also explained in ANNEX I to this document.

The cost of each PLAN WHITE BRICKS is specifically described in ANNEX II to this document.

PROPERTY SALES PRICE

The sale price of the property will be determined, solely and exclusively, by the CLIENT, at his/her discretion, and will appear in the personal account of each CLIENT on the Website.

The CLIENT may modify the sale price of the property at any time, doing so in his/her personal account on the Website.

PRIVATE PROPERTY DETAILS

The CLIENT, at the time of publishing his/her property with WHITE BRICKS, declares that the information and/or documentation that they publish is in conformity with the stipulations of the Juridical system of Spain and the terms and conditions of this agreement, and they expressly exonerate WHITE BRICKS of any liability arising from the falsity, incorrectness or inaccuracy in the aforementioned information and/or documentation or the lack thereof. All information required from the CLIENT in order to publish the Property will be for the sole purpose of offering the best and most accurate service possible.

On the basis of the above, and in respect of any privately owned property on the Website, all information and/or documentation that may be mandatory according to the applicable regulations and/or has been provided by the CLIENT, will be made available by WHITE BRICKS to any public authority, should they to require it. However, the CLIENT exonerates WHITE BRICKS from any responsibility that could derive from the incorrectness, inaccuracy or lack of information and/or documentation relating to the property under the assumption that the CLIENT breached this expressed obligation.

CLIENT DECLARATIONS

Through registration on the Website, the CLIENT:

• 1. Expressly declares to know, understand and accept the general conditions of this agreement which are available to read at any time on the Website.
• 2. That they are of legal age, the rightful owner and title holder of the property and have the full legal capacity necessary to proceed, if required, to enter into a sale agreement.
• 3. States that they have the necessary legal capacity to contract the services offered by WHITE BRICKS in this agreement, as well as to fulfil the commitments assumed under it.
• 4. Affirms that it shall inform WHITE BRICKS, in writing, of any modification and/or circumstance which may affect the property (including any extrajudicial, arbitral or judicial proceedings opened against it, as well as any proceedings of Foreclosure, repossession or lien on the property or any other type of charge that may affect it).
• 5. Authorises WHITE BRICKS to request any documentation subject to this service agreement.

The CLIENT declares not to use any images or words that can be considered offensive or abusive, nor to use a language that is in any way considered denigrating, offensive or of a sensitive nature.
In the event that the CLIENT uses any of the above mentioned material WHITE BRICKS will notify the CLIENT, in writing, to the email address in the CLIENT account, provided to WHITE BRICKS at the time of registration, giving them a period of seven (7) calendar days to rectify the matter. If after the seven (7) calendar days, the CLIENT has not sufficiently and satisfactorily corrected the matter notified to them in writing, WHITE BRICKS will proceed to remove the property on the Website and its publication on any third party websites and real estate portals, and the provision of the services subject to this agreement will cease, without the possibility of returning the remuneration paid by the customer. However, if the language or image is considered to be of such a severe nature that it may cause immediate distress, WHITE BRICKS have the right to delete the publication without the expiration of this period.

PRICING AND PAYMENT METHODS

Annex II of this document establishes the prices of the services to be billed by WHITE BRICKS to the customer, as well as the forms of payment.

The CLIENT, depending on the form of payment he chooses, must enter his/her bank or card details to fulfil any payment of service requested at the time of the registration of his property on the Website.

NON-PAYMENT

In the case that the CLIENT neglects any of the payments to which he/she is obliged under this agreement, WHITE BRICKS will grant to the CLIENT, a period of thirty (30) calendar days to regularise the sum owed, so as to avoid any retribution of non-payment.

Once this period has been satisfied without the CLIENT having corrected the non-payment, WHITE BRICKS will proceed to eliminate any publication made of the property on the Website and on any third party websites and real estate portals, it will cease in the provision of the services subject to the this agreement as well as any services that it was providing.

Likewise, the failure to regulate remuneration within the thirty (30) days indicated will accrue a penalty for non-payment of [15%] on the amount of the PLAN WHITE BRICKS contracted by the CLIENT.

In the case of non-payment of the remuneration, WHITE BRICKS may transfer the CLIENT's data to a recovery entity for the corresponding claim of the outstanding amounts, manifesting the CLIENT, by means of the subscription of this agreement its free consent and authorisation for such transfer of data in order that these companies proceed to carry out the work of claim of the amounts owe

AGREEMENT PERIOD, CANCELLATIONS AND REFUNDS

The duration of the professional services to be rendered by WHITE BRICKS to the CLIENT shall be defined in annex II to this Agreement. The period of professional service starts from the moment the required payment is made, proceeding then to the publication of the property on the Website

The CLIENT shall have an initial probationary period of fourteen (14) calendar days from the time the payment is made and the property published on the Website, and shall also have a right to discontinue the service during the same period. In the event that the customer decides to discontinue the services contracted during the initial term of fourteen (14) calendar days, WHITE BRICKS will proceed to issue the corresponding reimbursement for the professional services provided and for which the client has paid for.

Once the aforementioned term of fourteen (14) days has expired, the CLIENT may exercise his/her right to cease the services rendered, but WHITE BRICKS will not proceed to carry out the return of the amounts paid by the customer.

For any sale which is due to the direct actions of WHITE BRICKS, its services and/or Website that may have occurred during the initial term of fourteen (14) calendar days, the CLIENT is obliged to pay the full payment of the services contracted during the initial period of 14 days and no refunds will be actioned.

A formal cancellation of service form is available on the Website.

TERMINATION OF SERVICES

In the event that the CLIENT violates any of the conditions set out in this agreement, WHITE BRICKS will be permitted to terminate the services contracted during the period of the contract or any of its extensions.

In addition, the CLIENT may interrupt the provision of services by written communication to info@whitebricks.eu or via his/her private client account on the Website, through the procedure specified. Such voluntary interruption by the CLIENT of the provision of the services contracted shall only render a remuneration of any payments made when it is carried out within the initial period of fourteen (14) calendar days from payment. If the interruption occurs after the fourteen (14) calendar days listed above have elapsed, then there will be no entitlement of refund.

INTELLECTUAL AND INDUSTRIAL PROPERTY

The CLIENT declares that the materials, images and/or information provided to WHITE BRICKS respects the intellectual and industrial property rights and the image rights that may exist on them. The CLIENT shall be solely responsible for any damage and/or liability arising out of any data uploaded which implies an infringement of copyright or intellectual or industrial property of third parties, or which infringes in any way these General Conditions.

By sending or uploading data to the WHITE BRICKS Website, the CLIENT authorises it to reproduce, distribute, transform and publically transfer any of its content, as well as the authority to use it in any price reports and historical references of the real estate market, valuations and surveys, yielding a license with worldwide effect, with the ability to sublicense to associate companies and third parties and for the maximum period of protection allowed by law.

The logo and the WHITE BRICKS brand is a trademark of White Bricks S. L.

CONTACT

The customer can contact WHITE BRICKS in the following means:

• Mailing address: P.O. Box N º 39, Calle Cánovas del Castillo, 28, (03650) Pinoso-Alicante, Spain
• E-mail: info@whitebricks.eu | sales@whitebricks.eu

APPLICABLE LEGISLATION

This Agreement shall be governed by and interpreted in accordance with Spanish common legislation. In addition, the following rules apply:

• • Law 7/1998, of 13 April, on General Terms of Hire.
• • Law 3/2014, of 27 March, General Defence of Consumers and Users.
• • Organic Law 3/2018 of 5 December, Protection of Personal Data and guarantee of digital rights.
• • Royal Decree 515/1989, of 21 April, on Consumer protection regarding the information to be supplied in the purchase, sale and leasing of property.
• • Law 7/1996, of 15 January, on the management of retail trade.
• • Law 34/2002, of 11 July, on services of the information society and electronic commerce.

The parties, waiving any other jurisdiction that may correspond to them, are subject to the jurisdiction of the courts of Alicante Capital, for the resolution of any controversy, issue or incident that may arise in connection with this agreement.

PERSONAL DATA PROTECTION AND PRIVACY POLICY

In accordance with the provisions of regulation (EU) 2016/679 of the European Parliament and of the Council valid from the 25th of May 2018, on the protection of private individuals with regard to the processing of personal data and the free movement of such data and by the Directive 95/46/EC (General regulations on data protection), and in compliance with the Organic Law 3/2018 of 5 December, Protection of Personal Data and guarantee of digital rights, the user is informed of the Website (the "user" or jointly , the "users") that by accepting the present conditions for the hiring of the service of delivery of marketing services, gives its informed, express, free and unequivocal consent so that the personal data that it provides to the Website are treated in a file, liability of WHITE BRICKS, whose purpose is to manage the business relationship with users of the Website, periodically send electronic newsletters with news related to the activity of WHITE BRICKS and the sector of activity and to make anonymous statistical reports regarding the activity of the users on the Website.

DATA PROTECTION TERMS

WHITE BRICKS complies with the treatment of the personal data of its clients with the legislation in force in Spain and in the European Union. To this end, it adopts the technical and organisational measures necessary to avoid the loss, misuse, alteration, unauthorized access and theft of the personal data provided, taking into account the state of the technology, the nature of the data and the risks to which they are Exposed.

Then, in compliance with the provisions of the data protection regulations, the CLIENT is informed of the terms and conditions of the data processing performed by WHITE BRICKS.

• 1. WHO IS RESPONSIBLE FOR THE PROCESSING OF YOUR DATA?
  
  • 1.1. The person responsible will be White Bricks S.L., with NIF: B42601427 located in White Bricks S. L, CS Encebras 117, BJ 03650 Pinoso, Alicante. Administrators: 95% Jaime Janet Rose Jones info@whitebricks.eu and 5% Alayna Rose Jones sales@whitebricks.eu
• 2. FOR WHAT PURPOSE DO WE TREAT YOUR DATA AND UNDER WHAT LEGALITY?
  
  • 2.1. The treatment of its data pursues the following purposes:
    • a) Management of clients, accountancy, tax and administrative duties.
    • b) Analysis of profiles.
    • c) Advertising and commercial research.
    • d) Provision of electronic communication services.
    • e) e-commerce.
    • f) Video surveillance.
• 3. WHAT KIND OF DATA DO WE TREAT?
  
  • 3.1. For the purposes set out in the preceding paragraph, we are dealing with the customer Data group that we can divide into the following sources and categories:
    • a) Data provided directly by the client: data provided directly by the CLIENT, either at the time of request of the service through the completion of the forms on the Website and/or during the Contractual relationship through different means, such as claims or requests for information and customer service. The CLIENT is responsible for its accuracy and updating.
    • b) Data obtained from other sources other than the CLIENT itself: data obtained from other sources other than the CLIENT itself, either by having its consent or by any other legal criterion (legitimate interest, fulfilment of a legal obligation...). These sources are:
      • • Sources accessible to the public.
      • • Public administration agencies (e.g., General Treasury of Social Security (TGSS), State Tax Administration Agency (AEAT) etc.) or Judicial.
      • • Common credit information systems (e.g., BADEXGUG, ASNEF, file of judicial incidents, etc.).
      • • Identity protection files or fraudulent data detection (e.g., the file provided by the Hunter system).
      • • Information provided by other telecommunications companies in portability processes.
    • c) Data derived from the development of the relationship: data provided indirectly by the CLIENT, deriving from the own provision of the service contracted and the maintenance of this activity. This category includes the traffic data, the history of payments or contracted products, the browsing data through the public Website page or access to the private area or others of similar nature.
    • d) Data inferred by WHITE BRICKS: data inferred by WHITE BRICKS through the study of CLIENT data either by the application of mathematical algorithms or their know-how. Within this category we include data such as the results of the profiling activities of the CLIENT according to the different criteria that the entity can use, for example, its linkage, antiquity, the use that it makes of the services contracted.
    • e) Data obtained from third parties: if a customer consents, data provided by third parties such as geo-marketing companies, RRSS, Spanish Catastro, property registration, other telecommunications companies, the CNMC or other companies that could Collaborate with this agency to comply with the regulations of telecommunications, companies that provide information on the economic activities of freelancers or professionals.
• 4. WHO DO WE SHARE YOUR DATA WITH?
  
  • 4.1. The personal data processed by WHITE BRICKS to achieve the above-mentioned purposes may be communicated to the following recipients based on the legitimate basis of the communication:
    • a) Organisations or persons directly related to the person responsible.
    • b) Notaries and solicitors.
    • c) Armed Forces and security personnel.
    • d) Entities engaged in the fulfilment or non-fulfilment of monetary obligations.
    • e) Telecommunications services.
    • f) Companies engaged in advertising or direct marketing.
    • g) Public registry.
• 5. HOW LONG WILL WE KEEP YOUR DATA?
  
  • 5.1. Personal data will be retained while the contractual relationship with the CLIENT is inforce and subsequently for a maximum term of 5 years, if consent has been given. After the contractual relationship (or, if applicable, after the 5 year period), the data will be deleted as per the legislation set forth in the Data Protection Act, only thus being available in relation to Court hearings or Judgements, Tax Offices, Ministries or any Public Administrators Office during the period of limitation of the actions that may derive and, after this, its complete elimination. In any case, if at the end of the contractual relationship there are any out-standing payment disputes between the CLIENT and WHITE BRICKS, the data may be retained during the claim procedure, until the final resolution – the date on which it is to be blocked and subsequently deleted, although the data can only be used for evidentiary purposes.
• 6. WHAT ARE YOUR RIGHTS?
  
  • 6.1. Our data protection policy convenes in a series of rights in relation to the processing of data involving our services which we can summarise by the following:
    • a) Access rights: Knowing what kind of data we are dealing with and the way we use it.
    • b) Right of rectification: to be able to request the modification of their data because they are inaccurate or not being used.
    • c) Portability right: To obtain a copy of the data being processed.
    • d) Right to the limitation of service where stated by the law.
    • e) Right of destruction: request the deletion of your data when the treatment is no longer necessary.
    • f) The right to revoke the consent given and have this request processed within the approximate period of 10 days.
    • g) Right to lodge a claim against the control authority (in Spain the AEPD).
  • 6.2. You can exercise your rights by post to the address White Bricks S. L, CS Encebras 117 BJ, 03650 Pinoso, Alicante or by email to the address info@whitebricks.eu; sales@whiebricks.eu indicating the right you wish to exercise and attaching any required documentation. On the website of the AEPD you can find a series of forms that will help you in exercising your rights.

CONFLICT RESOLUTION

The parties submit to the courts and tribunals of Alicante capital, for the resolution of any the conflicts that arise from this agreement and waiver the right to any other jurisdiction.

CANCELLATION FORM

The cancellation form can be found here. If you have any problems, send WHITE BRICKS an email and you will be sent the cancellation form electronically.

ANNEX I

WHITE BRICKS is dedicated to the provision of real estate services and, in particular, property advertising on Web pages, both nationally and internationally.

The professional services offered by WHITE BRICK is made up of the promotion and commercial marketing for sale the private property owned by the CLIENT, under a regime of non-exclusivity, and through the development of a commercial activities, marketing and advertising on the web.

Due to sending data of the CLIENT’S property to third parties, whose companies publish these properties in other languages, WHITE BRICKS will not be held responsible for any discrepancy or error of translation when publishing with such third parties.

ANNEX II

SUBSCRIPTION FEES FOR THE SERVICES DETAILED IN THIS AGREEMENT AND ON THE WEBSITE

• 1. 6 MONTH PLAN €245 + VAT (21%) = €296.45
• 2. 6 MONTH PLAN + PREMIUM €295 + VAT (21%) = €356.95
• 3. ANNUAL PLAN €395 + VAT (21%) = €477.95
• 4. ANNUAL PLAN + PREMIUM €445 + VAT (21%) = €538.45

The subscription deadlines will not be automatically renewed. If you have a one-year plan subscription, you will be notified before the deadline is over to be able to action a renewal of the service, if you so wish, as well as making any changes to the type of service available. On the other hand, in the event that the CLIENT having already proceeded to a sale of the Property advertised during the term of their PLAN, they are to notify expressly and in writing of this fact and proceed to the removal of the property.

The methods of payment are by Credit or Debit card, or by PayPal.

The English version of this agreement is provided for guidance purposes only, and in all instances, only the Spanish original will form the basis of the legal agreement, which can be read on the Spanish version of the Website.

LAST UPDATED 14TH JANUARY 2019