By using the website dotproperty.com.my or by contracting for services with Dot Property you acknowledge that you have read, understood and given an unreserved acceptance to be bound by Dot Property's terms and conditions set out herein.
1. Definitions and Interpretation
1.1. In this agreement the following words and terms shall have the following meaning, unless the context otherwise requires.
“Agreement” means the advertising agreement between the Buyer and Dot Property, comprising of the Terms and Conditions, any documents referred to in these Terms and Conditions, any application, booking, Insertion or Order form, and any other terms and conditions as accepted and agreed by the Buyer and Dot Property from time to time.
“Buyer” means the person or legal entity who acts as a property developer, property agent or project marketing company that has entered into an agreement with Dot Property to procure any of the Services.
“Campaign” means an advertising campaign of the Buyer for which the Service is provided.
“Insertion” means any display, supplement or advertisement with respect to the Buyer and/or the Buyer’s business operations, products and/or services.
“Insertion Date” means the Campaign start date for the Services entered into.
“Insertion Order” means a written order by the Buyer authorizing Dot Property to run the advertising Campaign.
“Materials” refers to the advertising materials submitted by the Buyer to Dot Property. “Services” means any advertising services or products which Dot Property may provide.
“Third Party Vendor” refers to any party that Dot Property and/or Buyer employees that is not a party to this Agreement.
“Dot Property” means Dot Property Co. Ltd, and/or its related entities, affiliates and/or subsidiaries, as the context suggests.
2.1. All information contained within the Agreement from Dot Property is considered intellectual property of Dot Property and must not be used except for the purpose of evaluating the proposal. Any information contained herein should not be disclosed, distributed and shared with any third party without written consent of Dot Property.
3. Advertising Acceptance
3.1. Submission of an advertisement to Dot Property does not constitute a commitment by Dot Property to publish the advertisement.
3.2. Dot Property accepts advertising only by publishing such advertisement. Upon such acceptance, Buyer acknowledges that:
3.2.1. the Terms and Conditions set forth in this Agreement shall apply to all Insertion Orders unless such terms and conditions are modified, superseded or otherwise altered by a written instrument signed by an authorized representative of Dot Property,
3.2.2. the Terms and Conditions set forth in this Agreement shall prevail over any inconsistent terms and conditions set forth in any order form or contract of any Buyer; and
3.2.3. Insertion Orders containing disclaimers are not acceptable and are not legally binding or valid. Dot Property has the right, in its sole and absolute discretion, to reject any advertisement or any portion thereof. Dot Property's publication of an advertisement shall not affect its right to reject such advertisement thereafter.
4. Publisher’s Right to Reject or Alter
4.1. Dot Property reserves the right to alter any advertising material in order for the material to conform to its current mechanical specifications. The rates stated in the Advertising Agreement shall remain the same upon a reduction in the size of any advertisement as long as the advertisement maintains the same proportion of the entire page.
4.2. Dot Property has full editorial discretion on all advertising materials and can make any changes, modifications, insertions and/or deletions. Dot Property will have the final decision in all copy changes and final published materials.
4.3. In the event that the Buyer of a Campaign is a real estate agent and/or agency wishing to purchase a Campaign for a specific a new project development on behalf of a Developer, said Campaign will be subject to review and pre-approval by Dot Property before this Agreement is granted for said marketing campaign.
4.3.1. In order for said approval to be granted to the Buyer, the Buyer must present to Dot Property written confirmation by the developer formally outlining full details of its willingness to grant the Buyer the rights and permission for the Buyer to initiate a Campaign for the developer’s specific project(s) related to said Campaign.
4.3.2. Dot Property reserves the right to reject and/or remove any Campaign initiated by a Buyer, with no refund of any kind, in the event that said Buyer is found to have falsified the developers’ approval, or if the Buyer, in any other way, is found to be unable to furnish written permission at any time during the duration of this Agreement.
4.3.3. Moreover, should a developer, for any reason and at any time of the duration of this Agreement, wish to either market a project themselves or request that a Buyer or any other person stop marketing their project with Dot Property, the developer reserves full rights to request that said Campaign be halted and/or terminated with immediate effect. In such instances, no refund will be provided to the Buyer for said Campaign. Instead, the Buyer will, under these same conditions defined in clause 5.3 of this Agreement, be allowed to provide a substitute project for the Campaign, but only for the duration of term of the ongoing Campaign.
5. Amendment to Scope of Work
5.1. Additional work and expense caused by any change to the work scope initiated by or agreed by the Buyer (and not included in this Agreement) will be charged according to the current rates.
6. Submission of Insertions
6.1. Dot Property cannot guarantee inventory availability in the event of
6.1.1. Late submission of Insertions,
6.1.2. Buyer approval not received within the specified date and time, and/or
6.1.3. Insertions provided were not in accordance with the terms specified in the Insertion Order.
6.2. Buyer will incur an additional cost for the late submission of Insertions in an amount no less than THB1,250, per item as defined on the Insertion Order.
7. Rescheduling of Insertion Date
7.1. Buyers must provide Dot Property a minimum of 7 working days of notice to reschedule the Insertion Date for each advertising project.
7.2. If notice is less than 7 days, an additional cost for rescheduling of Insertion Date will be incurred in the amount no less than THB 1,000 per Service or Insertion.
7.3. Rescheduling of the Insertion Date shall not extend beyond 45 days from the original scheduled Insertion Date.
8. Position Requests
8.1. Dot Property shall not be deemed in breach of this Agreement in the event that it does not honour a specific position agreement due to conflicting editorial needs in Dot Property's sole discretion. In the event Buyer has paid a premium for a particular position, reimbursement for failure to publish in a particular position shall be limited to the refund of such premium to Buyer.
9.1. Dot Property will not be responsible for any delays caused by the Buyer, delays caused by Third Party Vendors nor for any delays caused by events beyond its control such as, but not limited to, act(s) of God.
10.1. Buyer is aware that Dot Property will be displaying advertising materials for other Buyers. It is possible or likely that these materials may advertise products or businesses in competition with Buyer. Buyer agrees and consents to such competing advertisements.
11.1. The Term for each Campaign will be fixed on the Insertion Orders signed between the Buyer and Dot Property. In the event Buyer terminates before the expiry of the Agreement period, a termination fee of 100% of the monthly charges (in accordance to the Agreement value) for the remainder months of the service shall be chargeable to the Buyer.
11.2 The Buyer shall be liable for all expenses incurred if the Agreement is prematurely terminated.
11.3. Should Buyer fail to make any payment as agreed, Dot Property reserves the right to terminate this Agreement and deactivate Buyer's account, without further reference to Buyer and Buyer shall be liable for all expenses incurred.
11.4 Dot Property may also terminate this Agreement if Buyer enters into liquidation, administration or circumstances of similar nature.
12. Payment Scheme
12.1. The Buyer shall pay any and all charges specified in this Agreement in cash, cheque or any other agreed payment method, within the payment term specified in the Insertion Order.
12.2. Payment for Accredited Media Agencies and Public Listed Companies shall be made in accordance to monthly invoices based on utilization, with 30 days credit term. Payment for all other companies shall be made in full 3 working days prior to the start of campaign commencement date.
12.3. Should the services involve production costs, these will have to be paid by Buyer and/or Agent in full 3 working days prior to commencement of production. Dot Property reserves the right to amend these terms on a case by case basis.
12.4 Dot Property will be entitled to subscribe agreements with third parties in order to offer additional payment methods for its Services. By accepting such payment method, Buyer will be subject to such third parties' policies, and Dot Property will not be responsible for any claim arising from using such payment method.
12.5 Dot Property will send Buyer the appropriate invoice, which shall be inclusive of all applicable taxes and additional costs incurred, to the Buyer's email address. Dot Property will send invoices electronically and is not obliged to submit invoices in any other physical support.
12.6 Dot Property shall be entitled to change its prices to adjust to inflation with a maximum of the previous year published inflation rate. Such an increase may be applied once annually and will be announced at least one month in advance. Buyer will not be able to terminate the Agreement due to such increase.
13. Late Payment
13.1. Dot Property reserves the right to charge the Buyer and/or the Agent interest on any outstanding amount at the rate of 1.5% or THB1,500, whichever is higher, per month from the date such amount is due until payment is received in full.
13.2 Dot Property will be entitled to collect any payment through third parties and Buyer hereby consents that all of his contact details can be forwarded, for the sole purpose of managing such payments.
14. International Payment
14.1. In calculating the charges in currencies other than in Thai Baht, the amounts payable to the Buyer and/or Agent to Dot Property shall be converted to Thai Baht at the exchange rate that Dot Property may determine in its sole discretion. Buyer will be charged by such expenses.
15. Buyer Sponsorships
15.1. To the extent that the Insertion Order includes Buyer’s sponsorship of a Dot Property event, Buyer additionally agrees to the following terms:
15.1.1. Buyer will provide any gift bag items, as well as materials or staffing for any on-site display/sampling area in the Insertion Order, subject to Dot Property’s approval. Buyer represents and warrants that it shall obtain all necessary permissions and releases for all sponsorship materials, gift bag items, and sample or other promotional items to be provided by it, including the distribution and/or display thereof.
Buyer will be responsible for collecting any other authorization required for a Dot Property event regarding any assistants on Buyer's behalf or through its sponsorship. Dot Property will not be responsible for any claim due to images or video postings of the event.
15.1.2. Notwithstanding anything to the contrary in this Agreement, the sponsorship fee set forth in the Agreement is non-refundable. If the event is cancelled (unless due to circumstances included in clause 18.4.8), Dot Property will refund on a pro rata basis, as determined by Dot Property, the portion of the sponsorship fee not attributable to sponsorship benefits already received.
15.1.3. Buyer shall seek the prior written approval of Dot Property for any use of Dot Property’s name and logo. Buyer shall immediately cease using Dot Property’s name, logo and any other Intellectual property rights, upon completion of the event or the earlier termination of the sponsorship or this Agreement.
16. Publicity and Confidentiality
16.1. Dot Property may refer generally to the existence of this Agreement and use Buyers name in press releases, on web sites and other promotional material, but neither party will be authorized to reveal financial terms or other confidential information in this Agreement.
The duty of Confidentiality set herein shall survive indefinitely upon termination of this Agreement.
17. E links
17.1. Dot Property links to third party websites that are not controlled or affiliated to Dot Property in any way are subject to such parties' terms and privacy policies. Therefore, Dot Property is not responsible for content or information provided on these third party websites.
17.2. Buyers are not permitted to self-promote or add direct links to their own website or others, anywhere on Dot Property websites unless prior written permission has been granted by a company director.
18.1. Whilst Dot Property shall use reasonable care in processing the Insertion Order, it shall not in any circumstance whatsoever be liable in any way for any loss or expense incurred or suffered by the Buyer by reason of any error in an advertisement published or for any omission in publishing.
18.2. It is the responsibility of the Buyer to verify the accuracy of its published advertisement and where, for whatever reason, an advertisement is published with an error in it, the Buyer is responsible for informing Dot Property of the error prior to the advertisement being repeated. Dot Property must be notified of errors in published advertisements on the day of publication or the following working day at the latest, failing which no complaint will be entertained.
18.3. Unless otherwise excluded or limited within these Terms and Conditions, the maximum liability that may become payable by Dot Property’s, as a result of the execution of the Agreement, shall be limited to:
18.3.1 liability for errors or omissions in advertisements or advertising inserts shall be limited to the cost of advertising space in an amount equal to the erroneous advertisement.
18.3.2 Dot Property’s liability for failure to publish any advertisement or distribute any advertising insert shall be limited to a refund of any amount paid to Dot Property for such advertisement or insert.
18.3.3 Dot Property’s liability in connection with any sponsorship of a Dot Property event shall be limited to the amounts payable to Dot Property under the particular Insertion Order to which it relates.
18.4 Notwithstanding the foregoing, and to the fullest extent permitted by law, under no circumstances whatsoever shall Dot Property be liable to the Buyer or any third party for:
18.4.1 errors that do not materially affect the value of the advertisement or advertising insert or where Buyer is responsible for the error or omission.
18.4.2 other parties' acts or omissions.
18.4.3 any further damages of any kind arising from any breach of this Agreement or any other advertising contract, written or oral, or act or omission of Dot Property with respect to an advertisement or advertising insert or sponsorship, including but not limited to, direct, indirect, special, consequential, future or punitive damages, losses, costs, injuries, damages or any other expenses incurred by the Buyer (including but not limited to loss of sales, business or data, lost of profits or lost opportunities incurred by the Buyer) whether in action based on contract, tort, strict liability or any other cause for action.
In the event of legal proceedings, the Buyer is liable for all legal costs incurred by Dot Property.
18.4.4 errors involving orders, Insertions, cancellations or corrections given orally. Written, emailed or facsimile confirmation of orders, cancellations or corrections must be received prior to Dot Property’s deadline, which may be chargeable according to the terms set forth in this Agreement.
18.4.5 the loss, theft or damage to any personal property of Buyer, its employees, agents and guests during any Dot Property event that may be sponsored by Buyer. Buyer will have to have appropriate insurance to cover such losses and damages.
18.4.6 any electronic, electric, electrical, mechanical or other failure, error, omission, interruption or delay however caused with respect to such firmware, bios, data, computer hardware or software, computer systems, printing systems, communication systems or other automated systems.
18.4.7 any poor quality of the Service, delay or default in performance of its obligations, caused by an event or occurrence beyond Dot Property's reasonable control.
18.4.8 events of force majeure, unexpected circumstances, acts of God, natural disasters, war, civil unrest, labour disputes, failure in the lines of communications, poor performance of the internet or its failure, amongst other circumstances of similar nature.
18.4.9 any damages of any kind due to Buyer's inaccurate, invalid or outdated information, Buyer's breach of the Agreement or unlawful use of the Services.
18.4.10 any claim regarding Buyer's or third parties' intellectual property rights.
18.4.11 any damage which is not directly attributable to Dot Property, provided such damage materially affects the standard of the Services to be provided under this Agreement and does not fall within the aforesaid circumstances.
19. Warranties and Indemnities
19.1. Notwithstanding any statements which may be made by Dot Property or any of its employees or agents to the contrary, Dot Property makes no representation or warranty that:
19.1.1. any of its firmware, bios, data, computer systems, computer hardware or software, printing systems, communication systems or other automated systems, or its operations or services as a whole or any part thereof; or
19.1.2. any firmware, bios, data, computer hardware or software, computer systems, printing systems, communication systems or other automated systems whether provided, supplied or licensed by or to Dot Property, its agents or subcontractors, will continue to function without error or interruption and any implied warranties to such effect are hereby excluded to the fullest extent permitted by law.
19.2 Buyer warrants that:
19.2.1. it will not publish anything that could be perceived to be unlawful, defamatory, fraudulent, misleading or anything protected by copyright, which could expose Dot Property to any liability, legal or other.
In the event Dot Property suspects Buyer's activity could be in breach of this Terms & Conditions, any applicable law or could result fraudulent, ilicit, unauthorized, unethical or inappropriate, Dot Property shall be entitled to take appropriate measures to prevent such harm, which can result in Buyer's temporary or permanent account deactivation or termination of this Agreement, provided that Dot Property shall not incur in any liability whatsoever.
Dot Property reserves the right to notify any events that may be illegal to any governmental or judicial authorities, without prior notice to the Buyer.
19.2.2. it will not publish anything that can result harmful or detrimental for the security of Dot Property's software, hardware or any automated systems.
19.2.3 shall provide the basic information required in each Insertion Order, and any other necessary documents regarding the Campaign, and understands they are all mandatory to provide the Service. Such information must be accurate and uptodate at all times. Dot Property will be entitled, from time to time, to require Buyer's additional documentation in order to check if the information provided is accurate.
19.2.4 it will remove properties that have been sold or entered into a lease agreement within a maximum of 7 days.
19.2.5 it is duly authorized and has all of the rights associated with the contents of the Campaign and event, and has the authority to upload or to assign such rights to Dot Property for the purposes of using, hosting, displaying, storing, copying, modifying, publishing, transmitting and distributing Buyer's Ads. Suh authorization to Dot Property will be non-exclusive, royalty free, world- wide and revocable (upon termination of the Agreement).
19.2.6 Buyer will refrain from using Personal Data on any Materials.
20. Integrity, Amendments, Waivers, Severability and Assignment
20.1. This Advertising Agreement constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes and cancels any prior oral or written agreements, representation, understanding, arrangement, communication or expression of intent relating to the subject matter of this Advertising Agreement.
20.2. Dot Property reserves the right to modify these Terms and Conditions, without prior notification to the Buyer. Buyer is responsible for periodically checking Dot Property's updated terms.
20.3. A failure by either party hereto to exercise or enforce any rights conferred upon it by this Advertising Agreement shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
20.4 Should one or more provisions contained in this Agreement be rendered void or unenforceable, this shall not affect the validity and enforceability of any other provisions.
20.5 Buyer may not assign, delegate or convey, whether directly and/or indirectly, the rights and/or duties arising from this Agreement without Dot Property's prior written consent.
21. Reciprocal Duty information
In accordance with the Data Protection regulations the parties inform each other regarding the processing of personal data provided by each party for the execution of this Agreement or used for the provisions of the services within the scope of this Agreement, of the following:
That the processing of this data is based on the legitimate basis of the performance of the Agreement, so that failure to provide it could lead to the impossibility of developing it.
That the data will be processed for the purposes set forth in this agreement, to the correct perform and/or control compliance.
Also, based on legitimate interest, Dot Property will send to email address provided by the Buyer, information relating to similar products or services offered by Dot Property or its affiliate companies part of Lifull Connect. Individuals will be able to refuse then at any time by using the mechanism included in the corresponding communication.
That, in the case of Dot Property personal data may be transferred to other companies part of Lifull Connect Group for administrative and internal contractual purposes, as well as computer, economic, and/or financial management. This may imply personal data is transferred to a different country from where you reside, but data will be used for the same purposes as mentioned before.
No additional international transfers are foreseen, otherwise necessary measures will be adopted in accordance to the Data Protection regulations applicable.
Personal Data may be kept by the parties as long as it is necessary to fulfill legal requirements or defending legal claims.
Data subjects may exercise their rights of access, rectification, erasure, limitation of processing, data portability, opposition and any other right in accordance with the applicable regulations and may direct a communication to the other party in writing though the following email addresses: [email protected] (Dot Property) or email account address provided by the Buyer, accompanying the request in question a copy of the national identity document or equivalent identification document of the applicant (NIE, passport, etc.).
That, in case of considering their rights violated having not been duly attended by the corresponding party, the data subject may submit a claim against the corresponding the Data Protection Authority. In the case of Dot Property we recommend the individuals to contact our Data Protection Officer at [email protected].
22. Governing Law and Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of Thailand and the parties agree that any dispute arising out of this Agreement or in respect of its validity shall be submitted to the exclusive jurisdiction of the courts of Bangkok (Thailand), expressly waiving any other jurisdiction to which they may be entitled.
Last updated September 1st, 2020