Article 1 – Definitions
For the purposes of these General Terms and Conditions, the following terms shall have the meanings set forth below:
“Immowi International”: Immowi International B.V., a company incorporated under Belgian law, having its registered office at Bergstraat 59, 9270 Laarne (Belgium), registered with the Crossroads Bank for Enterprises under number 0695.794.361.
“Client”: any natural or legal person acting in the course of a professional activity and making use of Immowi International’s services.
“Lead Generation”: the service provided by Immowi International consisting of generating Leads for specific products or services offered by the Client, using its proprietary channels (such as social media, real estate platforms, databases, etc.) and the creation of online landing pages promoted through various online advertising campaigns.
“Lead”: a data set containing at least a person’s first and last name, email address, and telephone number.
“Qualified Lead”: a Lead shall be considered qualified if:
(i) the provided name, email address and telephone number are accurate and valid;
(ii) the individual has expressly consented to Immowi International’s privacy policy;
(iii) the Lead has not already been provided to the Client within the previous six (6) months; and
(iv) there is demonstrable evidence of the Lead’s purchase intent.
These conditions are deemed jointly sufficient for qualification.
“Refund”: a request by the Client for the cancellation or crediting of the Cost Per Lead for a Lead that, in the Client’s reasoned opinion, does not meet the definition of a Qualified Lead.
“Partner”: any third-party commercial partner through whom Immowi International operates its online campaigns in the context of Lead Generation.
“Consultancy Services”: marketing-related consultancy and advisory services provided by Immowi International to the Client with regard to digital strategy and campaign optimisation.
Article 2 – Scope and Applicability
Unless expressly agreed otherwise in writing, these General Terms and Conditions shall apply to all offers, quotations, agreements, and confirmed orders issued by Immowi International.
By accepting any offer or entering into an agreement, the Client irrevocably and unconditionally agrees to these General Terms and Conditions to the exclusion of its own general terms.
Agreements concluded by Immowi International personnel or representatives without adherence to these terms shall not be binding on Immowi International.
Article 3 – Formation of the Agreement
All quotations issued by Immowi International are non-binding. An agreement shall only be deemed concluded upon written confirmation by Immowi International of the Client’s order.
Immowi International reserves the right to reject any order, without the obligation to state reasons. Such rejection shall not give rise to any right to compensation.
All agreements shall be deemed concluded at Immowi International’s registered office in Belgium.
Article 4 – Fees and Pricing
All prices are expressed in euros (EUR) and are exclusive of VAT and other applicable taxes or duties, which shall be borne by the Client.
Unless otherwise agreed in writing, Immowi International shall charge a fixed Service Fee (a monthly fee for administration and management, independent of lead volume) and a variable Cost Per Lead (a fee for each Qualified Lead delivered).
For Consultancy Services, a fixed fee shall apply unless agreed otherwise.
Immowi International reserves the right to amend its rates with at least thirty (30) calendar days’ prior written notice. In such case, the Client may terminate the agreement without cost by written notice within fourteen (14) days of such notification.
Price adjustments shall apply solely to future billing periods and shall not be retroactive unless expressly agreed otherwise.
Any temporary promotional rates or discounts shall be valid for a limited period and shall not be deemed to establish a contractual right for future services unless confirmed in writing.
Article 5 – Payment Terms
Invoices are payable within thirty (30) calendar days of the invoice date, unless otherwise specified.
Payments shall be made to Immowi International’s designated account, and all transaction costs shall be borne by the Client.
Invoices must be paid in full. The Client is not entitled to set-off or deduct any amounts without prior written approval.
Late payments shall accrue default interest by operation of law, without notice, at the rate provided under Article 5, paragraph 2 of the Belgian Act of 2 August 2002 on combating late payment in commercial transactions. An administrative charge of fifteen percent (15%) of the overdue amount, with a minimum of one hundred euros (EUR 100) per invoice, shall also be due.
Complaints or disputes regarding invoices must be submitted in writing within ten (10) calendar days of receipt. After this period, the invoice shall be deemed accepted in full.
Article 6 – Lead Delivery and Performance
Immowi International shall operate all campaigns and landing pages under its own commercial brand. Client branding shall not be used unless expressly agreed.
Landing pages are created using content and information provided by the Client. Immowi International is not liable for any errors or inaccuracies in the materials supplied by the Client.
Delivery deadlines for Leads are indicative. Delay shall not give rise to compensation or termination.
The Client shall verify the qualification of delivered Leads upon receipt. If a Lead is not deemed qualified, the Client must submit a refund request via the MyImmowi platform within thirty (30) calendar days. After that, the Lead is deemed irrevocably accepted.
In case of timely protest, Immowi International shall review the request and may provide a replacement Qualified Lead.
Leads may not be sold, transferred or shared with any third party without Immowi’s prior written consent.
If the average number of Qualified Leads over two (2) consecutive months deviates by more than seventy percent (70%) from historical averages or stated expectations, Immowi International shall propose a remedial plan within ten (10) business days. If no solution is provided or the plan fails within thirty (30) calendar days, the Client may terminate the agreement without notice.
Article 7 – Nature of Obligations
All obligations undertaken by Immowi International are best-efforts obligations.
Immowi International makes no guarantees regarding the conversion, commercial intent, or transaction outcome of any Lead.
Article 8a – Force Majeure and Limitation of Liability
Immowi International shall not be liable for any failure or delay due to causes beyond its reasonable control, including but not limited to strikes, fire, theft, illness, pandemic measures, power outages, or third-party platform disruptions.
Liability of Immowi International, whether contractual or tortious, shall be limited to the invoice value of the service which gave rise to the claim.
Immowi International shall not be liable for actions or errors committed by its Partners or for any processing of Leads by the Client that violates applicable law.
Immowi shall not be deemed to have knowledge of the Client’s business or product offering and disclaims liability for damage arising therefrom, except where such damage relates to violations of the General Data Protection Regulation (GDPR).
Claims must be brought before a competent court within two (2) years from the date the Client knew or reasonably should have known of the facts giving rise to the claim.
Article 8b – Indemnification
The Client agrees to indemnify and hold harmless Immowi International against any third-party claims resulting from the Client’s breach of these terms or any misuse of Leads.
Article 9 – Marketing Reference Use
The Client authorises Immowi International to use its name and logo for marketing purposes (including website, presentations, and social media), unless such use is explicitly refused in writing prior to the first order.
Article 10 – Assignment
The Client may not assign or transfer its rights or obligations under the agreement, whether by operation of law or otherwise, without the prior written consent of Immowi International, which shall not be unreasonably withheld.
Article 11 – Amendments
Immowi International may amend these terms unilaterally. The latest version shall be published on www.immowi.com and shall apply to all future orders. In case of substantial changes, the Client shall have the right to terminate the agreement within a reasonable period.
Article 12 – Severability
If any provision of these terms is deemed unenforceable or invalid, the remaining provisions shall remain in full force. The parties shall negotiate a valid replacement clause reflecting the original intent as closely as possible.
Article 13 – Governing Law and Jurisdiction
These terms shall be governed by Belgian law. All disputes shall be subject to the exclusive jurisdiction of the competent courts in the judicial district where Immowi International has its registered office.
Article 14 – Language
These terms are available in English, Dutch, French, and Spanish. In the event of discrepancies, the Dutch version shall prevail.
Article 15 – Data Protection
Immowi International processes personal data in accordance with its privacy policy, available at www.immowi.com. Immowi acts as data controller until the Lead is transferred to the Client, at which point the Client becomes the data controller.
By using Immowi’s services or accepting a quotation or agreement, the Client expressly acknowledges and accepts the privacy policy and applicable data transfer arrangements.
Article 16 – Term and Termination
16.1 The agreement begins with an initial trial period of three (3) months. Unless a party notifies the other in writing with justification at least five (5) business days before the trial ends, the agreement shall automatically renew for a fixed term of three (3) months.
16.2 Thereafter, the agreement shall renew automatically in successive three (3) month periods, unless terminated by either party with at least one (1) month written notice.
16.3 Either party may terminate the agreement with thirty (30) calendar days’ written notice, stating justified reasons. Arbitrary or unmotivated termination shall not be accepted.
16.4 Upon early termination, the Client remains liable for all outstanding fees, including the pro rata Service Fee for the remaining contract period.
16.5 Upon termination, access to Client-specific systems shall be revoked. Immowi shall remove or anonymise data within thirty (30) calendar days, unless a statutory retention obligation applies.
16.6 In the event of material breach (e.g. persistent non-payment or repeated violations), the non-defaulting party may terminate the agreement with immediate effect upon written notice.
16.7 If a Service Level Agreement (SLA) is in place, persistent non-compliance may constitute grounds for termination without notice.
Article 17 – Refund Procedure
17.1 A refund constitutes a request to cancel or credit the Cost Per Lead due to the Lead not qualifying under Article 1.
17.2 Refunds must be submitted through the MyImmowi platform, including a reasoned justification and supporting evidence. Unjustified requests may be denied.
17.3 Refund requests must be submitted within thirty (30) calendar days from receipt of the Lead. Late requests shall be deemed inadmissible.
17.4 Immowi shall assess refund requests within thirty (30) calendar days. Additional information may be requested from the Client.
17.5 If a refund is denied, the Client has one opportunity to submit additional justification within seven (7) calendar days. Immowi shall then issue a final decision within fourteen (14) calendar days.
17.6 Approved refunds shall be credited or offset against the next invoice. In the meantime, the original invoice remains payable unless otherwise agreed.
