Terms and Conditions of Use

Any individual who purchases or utilizes services provided by KEK Property Management (KPM).com, are unconditionally bound to the terms set forth in this document. By purchasing or utilizing services provided by KEK Property Management (KPM).com it is understood that you have read and agree wholly with the terms set forth by this agreement. If you access our web site and use our Service, your use shall be deemed as acceptance to the Terms of Service and be a party to a legally binding contract with KEK Property Management (KPM) kpm.com.ng.

 

KEK Property Management (KPM).com reserves the right to revise this agreement at any time without providing direct notice to those whom it affects. It is understood that any individual purchasing or utilizing services provided by KEK Property Management (KPM).com will review this document periodically for any changes.

KEK Property Management (KPM).com will use the terms set forth in this agreement as a guideline to settle disputes between KEK Property Management (KPM).com and the individuals that purchase or utilize its services. The terms of this agreement set forth the entire agreement between KEK Property Management (KPM).com and the individuals purchasing or utilizing its services, and supersedes any and all prior agreements of the parties involved.

Any breach of this agreement by an individual purchasing or utilizing services by KEK Property Management (KPM). kpm.com.ng may result in the services of the individual being suspended or terminated with or without notice.

 

1. Definitions

1.1 “Customer”, “you”, “your”, et al. shall refer to any individual seeking to purchase or utilize any service provided by KEK Property Management (KPM).com. This also includes any agent of the aforementioned party.

1.2 “KEK Property Management (KPM)”, “provider”, “we”, “us”, “our”, et al. shall refer to the provider KEK Property Management (KPM).com and/or its subsidiaries, affiliates, officers, agents and employees.

1.3 “Broker”, “Brokerage” shall refer to any individual and/or company that is doing business under the laws and regulations as set forth in the state where said Brokerage resides. This includes having the proper licenses and permits to act as a “Broker” or “Brokerage”.

1.4 “Services”, “Multiple Listing Services”, “MLS Services”, “Site” shall collectively refer to any service and the billing associated with it that KEK Property Management (KPM) agrees to provide the Customer, including the KEK Property Management (KPM).com website.

1.5 “Account” shall refer to the established billing information and its related Services that are representative of the Customer that contracted Services from KEK Property Management (KPM).

1.6 “In writing” and “written consent” shall refer to communication and/or permission established over email between the Customer and service@KEK Property Management (KPM).

 

2. KEK Property Management (KPM) Services

2.1 You represent and warrant that you are a legal Broker and as such are able to enter into legal contractual obligations involving the payment and receipt of monetary commissions.

2.2 KEK Property Management (KPM) agrees to provide Multiple Listing Services to the Customer. MLS Services will include providing the Brokerage access to properties listed by other Brokerages. Further, the Service will include providing functionality for the Brokerage to publish properties to the MLS. KEK Property Management (KPM) wll not be expected to provide any other services.

2.3 Information provided to KEK Property Management (KPM) by the Customer may be shared with other Brokerages and their agents.

2.4 All Accounts with KEK Property Management (KPM) must have valid contact information for the Broker and any agents. This includes, but is not limited to, name(s), physical Broker address, phone number(s) and email address(s).

 

3. Accounts and Billing

3.1 Information provided to KEK Property Management (KPM) by the Customer may be shared with third party services to determine a fraud risk score and to bill the Customer's credit card. KEK Property Management (KPM) will never share customer information with any third party under any circumstance outside of this requirement.

3.2 KEK Property Management (KPM).com agrees to provide Multiple Listing Services to the Customer. MLS Services will include providing the Brokerage access to properties listed by other Brokerages. Further, the Servic will include providing functionality for the Brokerage to publish properties to the MLS. KEK Property Management (KPM) wll not be expected to provide any other services.

3.3 KEK Property Management (KPM) retains the right to reject any Account at any time for any reason with or without notice. In the event that an Account is not accepted for any reason, the Account will be terminated, and any payments received will be refunded. The Customer may request the reason for cancellation in writing.

3.4 All Services are renewed at the sole descretion of the Customer on a basis of 1 to 12 months. Expiration of Service will be extended to reflect the number of months paid.

3.4.1 All Services are billed up-front according to the billing term selected.

3.5 All Services will be terminated by KEK Property Management (KPM) upon expiration of Service. Service will continue upon renewal of Service per Section 3.4.

3.6 In the event a Customer owes money to KEK Property Management (KPM) for any reason, any Services the Customer has with KEK Property Management (KPM) may be suspended to attempt to collect payment, with or without notice.

3.7 Billing for all Services a Customer maintains with KEK Property Management (KPM) remains active while an Account or Service is suspended. Any payment that comes due during the time an Account or Service is expected in full, and must be paid prior to Service being reinstated.

3.8 Bank disputes (i.e. “charge backs”) are grounds for immediate termination of an Account without notice from KEK Property Management (KPM). In the event that a bank dispute is received from a Customer, the Account will be suspended and/or terminated. If a Customer wishes to reinstate an Account affected by a bank dispute, they will be responsible for the whole amount disputed, plus any additional fees directly associated with the bank dispute.

 

4. Member Conduct

4.1 You agree NOT to impersonate any person or entity, including, but not limited to, a KEK Property Management (KPM) staff member or Brokerage other than your own, or falsely state or otherwise misrepresent your affiliation with KEK Property Management (KPM) or any other person or entity.

4.2 Any attempt to exploit, disrupt, modify or compromise the Service and/or KEK Property Management (KPM).com website in any way is grounds for immediate termination of the Account.

4.2.1 Any attempt to gain access to another Brokerage's Account, including property information contained within said account is grounds for immediate termination of the Account.

4.2.2 Any attempt to gain access to the KEK Property Management (KPM) database, apart from access via your Account, is grounds for immediate termination of the Account.

4.2.3 Any attempt to access or access any part of the Service, other than through the interface that is provided by us, is grounds for immediate termination of the Account.

4.3 You may not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Service (unless you have been specifically allowed to do so in a Separate Agreement).

4.4 You may not use the System to harvest, mine or collect email addresses or other information.

4.5 Information contained within the Site may not be copied, sold or re-transmitted in any form other than what is granted to you.

4.5.1 You may print PDF files of individual properties for use within your Brokerage or to present to prospective tenants.

4.5.2 You may email PDF files of individual properties to prospective tenants.

4.5.3 You may print PDF files of property rental contracts.

4.6 By utilizing our Services, the Customer consents to having their Account monitored for activity that may breach this agreement. Information gathered during monitoring will not be used in any way other than ensuring the terms set forth in this agreement are upheld.

 

5. Service Components

5.1 You acknowledge that a variety of KEK Property Management (KPM).com actions, or the actions of our host provider, may impair or prevent you from accessing your Account information or the MLS or from using the Service at certain times, for limited periods or permanently, and agree that KEK Property Management (KPM) has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or data.

 

6. Indemnification

6.1 The Customer agrees that it shall defend, indemnify, save and hold KEK Property Management (KPM) harmless from any and all demands, liabilities, losses, damages (actual and consequential), costs and claims, and expenses(including legal and other professional fees) asserted against KEK Property Management (KPM), its agents, its customers, and Employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns.

 

7. Arbitration

7.1 By using any Services, you agree to submit to binding arbitration. If any disputes or claims arise against KEK Property Management (KPM) or its agents or Employees, an arbitrator of KEK Property Management (KPM)’ choice will handle such disputes. An arbitrator from the American Arbitration Association will be selected in the state of Washington. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act in Nigeria, and not any state arbitration law, governs all arbitration under this Arbitration section. You are also responsible for any and all costs related to such arbitration.

 

8. Disclaimer of Warranties

8.1 KEK Property Management (KPM) is not liable for any damages or losses a Customer or the business of a Customer may suffer. KEK Property Management (KPM) makes no expressed or implied warranties of any kind. KEK Property Management (KPM) disclaims any warranty or merchantability for any particular purpose or service. This includes the terms of service set forth by this document.

8.2 Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.

8.3 KEK Property Management (KPM) does not warrant that the service will meet all of your requirements, that the service will be uninterrupted, timely, secure or error-free, or that errors in the software will be corrected.

 

Note: These terms and conditions and your use of this website are governed exclusively by Nigerian law. This does not affect your statutory rights as a consumer.