Our terms and conditions

OUR TERMS OF SERVICE

Important notice: We do not require a signed agreement. Your use of any services or resource provided by us, including this website, denote your complete agreement with and acceptance of these terms and conditions.
1. INTRODUCTION TO THESE TERMS
1.1 BayOwners is a sharing web-source service for businesses, marketing and other services. By registering for the BayOwner service, you confirm that the BayOwners services you will request will be integral to your business and that you are acting for purposes of your trade, business or profession.
1.2 Please note that all agencies and owners are not obligate to use our service and can leave anytime just by notify via email at: info@bayowners.com
1.3 These Terms are applicable from the date on which you register as a client on the Website for a minimum period of one month, and continue to be applicable the subject want use service.
1.4 By clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by the Terms and our Privacy Policy. The Privacy Policy is available on our website and forms part of the Terms. If you do not want to agree to the Terms, you must not register as a client on the Website.
1.5 Your attention is drawn in particular to clause 12 and clause 13.1, which limit BayOwner’s liability to you, the Client.
1.6 In the event of any comments or questions in relation to the Services or the Website, the Client should contact BayOwners at any one of the following addresses: info@bayowners.com
1.7 BayOwners is based in the City of Bangkok but operates worldwide including in the United States Of America.

2. DEFINITIONS
2.1 The following definitions apply in these Terms.
Credits: Every agents is aware that credits are refundable only in credits (in case unit not available we refund credits back to use it again). Credits do not expire.
Owners Material: all documents, information and materials provided by Owners relating to the Services as specified in the Brief.
Confidential Information: information that Owners provides to BayOwners will be shared to Real estate Agencies company or freelancer when the interested agent will use credits to download contact owner detail. In a Brief, that owner contacts reasonably expects to be kept secret till an agent will download detail by using credits. This includes confidential details Owners property as phone number, Line Id, email, whats app or other contact detail necessary.

Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Website: BayOwners website (and any territory-specific variant on them), or any BayOwners mobile application, or any replacement or substitute for them notified to Client. writing: includes email, SMS, the Website, or any other means of written communication agreed between Client and Bayowners;

4. TIME ETC’S OBLIGATIONS
4.1 All Work produced in respect of the Services shall be produced with reasonable skill and care.
4.2 Whilst Bayowners will follow the instructions in the Brief, Client acknowledges that it shall have no control over the manner in which, or the location at which, the Services shall be provided, nor the choice of tools and equipment by which the Services will be provided.
4.3 BayOwners will use all reasonable endeavours to ensure that the Website is free from viruses, trojans, or other malware.
4.4 Client acknowledges that the range of Services provided are neither unlimited nor fixed, and that Bayowners may without liability (i) refuse to accept any Brief; and (ii) increase or reduce the scope of the Services at any time.

5. WARRANTIES
5.1 BayOwners is confident that it has exercised a reasonable level of due diligence in screening and selecting agencies and Properties. But BayOwners undertakes a wide range of Services for a wide range of clients, using a wide range of Freelancers and companies real estate, on the basis of a wide variety of Briefs. The Services are provided by individual Freelancers, who are not employed in your business day to day, and who will inevitably have a subjective assessment of the best way to carry out the Brief. BayOwners, cannot and does not guarantee that all Work will be 100% error-free or comprehensive.
5.2 BayOwners no warranty that:
(a) the Services will meet the Client’s requirements;
(b) the Website will be uninterrupted in its availability, timely, secure, or error-free;
(c) the Work will be error-free or comprehensive;
(d) the Client Property and Confidential Information will be 100% secure against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, despite BayOwners taking appropriate technical and organisational measures intended to ensure such security; or
(e) the quality of any Work obtained by the Client through the Services will meet the Client’s expectations.
5.3 No advice or information, whether oral or written, obtained by Client from BayOwners (including from any Freelancer) shall operate to create any warranty not expressly stated in these Terms.
5.4 To the maximum extent permitted by law, Bayowners disclaims any and all implied warranties in respect of the Work, the Services and the Freelancers, except as expressly set out in these Terms.

6. CLIENT’S OBLIGATIONS
6.1 The Owners should at all times:
(a) co-operate with BayOwners in all matters relating to the Services;
(b) Owners property keep constantly update availability unit. If been rented just advice by email or by Line.
(c) Agents in case found an unavailable property online, please inform promptly by Line at id: 9akclassy9 or at info@bayowners.com
(d) not submit Briefs that it did not create or that it does not have permission to post;
(e) not submit Briefs that require the installation of any software beyond the standard Microsoft Office package; and
(f) refrain from submitting Briefs that, if completed, are likely to involve the infringement of any person’s Intellectual Property Rights or which might be offensive, illegal, defamatory or which might violate the rights, harm, or threaten the safety of any person.
6.2 If BayOwners performance of its obligations under these Terms is prevented or delayed by any act or omission of the Client, its agents, subcontractors, consultants or employees, BayOwners shall not be liable for any costs, charges or losses sustained or incurred by the Client that arise directly or indirectly from such prevention or delay.
6.3 The Client warrants that it has the right to disclose the Confidential Information and the Client Material to BayOwners and to authorise BayOwners to use it for the purpose of providing the Services.
6.4 When the Agents registers with the Website, the Client will be asked to choose login details for its account. The Agent acknowledges and agrees that it is entirely responsible for safeguarding and maintaining the confidentiality of the username and password used to access its account. Client authorises BayOwners to assume that any person using the Website with Client’s username and password is the Client or is authorised to act for the Client. Client agrees to notify BayOwners immediately if it suspects or becomes aware of any unauthorised use of its account, or any unauthorised access to or misuse of its login details.
6.5 The Client (Agents/Owners) agrees not to reproduce, duplicate, copy or re-sell the Services, the Website or any part of them.
6.6 The payment is processed by uk corporate consultant co.,ltd processor does not have any liability with regards to the product or service provided not the liabilities resulting from them.

7. EXCLUSIVITY
7.1 Client acknowledges that:
(a) BayOwners has made substantial investments in finding and choosing skilled individuals which BayOwners considers to be suitable for Agencies company and Freelancers, and matching them with Briefs as appropriate; and
(b) BayOwners has a reasonable, legitimate interest in protecting that investment.

8. IF CLIENT IS UNHAPPY WITH THE SERVICES
8.1 If the Client is not satisfied with the Work or any other aspect of the Services, contact should in the first instance communicate request cancellation at info@bayowners.com
8.2 Agents have of two choices: 1) Download property immediately, 2) Make a Secure Order
– Download property immediately: Agents is aware that by download a property will get owner contact who most of the time own many other condos. In this case if property is not available, credits are not refundable.
– Make a Secure Order: Agents can put in cart all property want to download and submit order “Request Check”. Within 24 hours BayOwner Team will check and make sure that properties are available and after be confirmed, Agent will be able to complete payment.
8.3 Regarding method “Secure Order” BayOwners Team will check with owners to make sure that unit is available at the moment and will confirm with agent to proceed Secure download available units,
as understandable a property can be available now and rented next hour. For this rare situation BayOwner is not responsable and credits can’t be refund.
8.4 Agents with Silver membership are able to use only first method “Download property immediately”
Agents with Platinum membership are able to use Download property immediately and Make a Secure Order plus can gain free credits and all benefit promotion.
8.5 Agent who download a property is aware that don’t have it (otherwise there is no reason to dowload it).
In case after download, agent want claim back credits and saying “ I know already the owner, please refund credits” Request will be decline simply because on BayOwners every agent
can see all picture unit, floor, size and name building. Owners usually has more then 2 properties. When Agent Download a property means that need it and don’t know who is the owner and how to contact.

9. CHARGES AND PAYMENT
9.1 The Agent shall be solely responsible for the payment of using service by purchasing credits.
9.2 All Charges shall be exclusive of VAT. In Thailand BayOwners shall add 7% VAT its invoices at the appropriate rate for Clients.
9.3 BayOwners shall ensure that no Owners property will pay any cost of Services records the amount of time spent on the Services.
9.4 The payment is processed by uk corporate consultant co.,ltd processor does not have any liability with regards to the product or service provided not the liabilities resulting from them

10. INTELLECTUAL PROPERTY RIGHTS
10.1 BayOwners, all Intellectual Property Rights and all other rights in the Work shall be owned by BayOwners.

13. DATA PROTECTION AND PRIVACY
13.1 The Client acknowledges and agrees that personal data will be processed by and on behalf of BayOwners in accordance with the Privacy Policy.
13.2 BayOwners will take appropriate technical and organisational measures intended to ensure that the Client’s personal data is secure against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, such personal data. But Client acknowledges that no system can be 100% secure and therefore Time Etc recommends that Client refrains from submitting Briefs which contain sensitive or valuable personal data, or that require the processing of such data.
14. TERMINATION
14.1 Without affecting any other right or remedy available to it, either party may terminate the agreement with immediate effect by giving written notice to the other party if:
(b) the other party commits a material breach of any term of these Terms which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so;
16. FORCE MAJEURE
16.1 Force Majeure Event means any circumstance not within a party’s reasonable control including:
(a) acts of God, flood, drought, earthquake or other natural disaster;
(b) epidemic or pandemic;
(c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
(d) nuclear, chemical or biological contamination or sonic boom;
(e) any law or any action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition or failing to grant a necessary licence or consent;
(f) collapse of buildings, fire, explosion or accident;
(g) any labour or trade dispute, strikes, industrial action or lockouts;
(h) non-performance by suppliers, subcontractors and Freelancers; and
(i) interruption or failure of utility service.
16.2 Provided it has complied with clause 16.4, if a party is prevented, hindered or delayed in or from performing any of its obligations under these Terms by a Force Majeure Event (Affected Party), the Affected Party shall not be in breach of these Terms or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
18. MISCELLANEOUS
18.1 No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
18.2 A reference to writing or written includes e-mail and interaction through the Website. Any obligation on a party not to do something includes an obligation not to allow that thing to be done. References to clauses are to the clauses of these Terms.
18.3 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
18.4 The rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
18.5 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
18.6 If any provision or part-provision of these Terms is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
18.7 Client agrees that any terms and conditions inconsistent with or in addition to these Terms, including any Purchase Order terms and conditions purported to be imposed by Client, shall not be applicable.
18.8 Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
18.9 No one other than a party to these Terms, their successors and permitted assignees, shall have any right to enforce any of its terms.