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Seller's Mandate Terms of Service

Terms of Mandate: Property Advisory Services

Thank you for engaging Trustcrow Digital Nigeria Limited (“We” or “the Advisor” or “Trustcrow”) to provide (You” or “the Seller”, together with your affiliates, successors and assigns) with our property advisory services for your property (“the Property”).

    Background

  1. Trustcrow owns and manages a property listing platform (the "Marketplace" or the “Platform”) by which registered users (“Users”) can purchase or effect the sale of listed properties.
  2. You intend to list property(ies) for sale on the Marketplace (the “Properties”).
  3. You seek to grant a non-exclusive mandate to Trustcrow to advise and facilitate the sale of the Properties to interested purchasers (the “Purchaser(s)”) on the Marketplace (the “Service”).
  4. This Terms of Mandate (or “Agreement”) sets out the scope and terms of our engagement and grant of a non-exclusive mandate under the Service. It should be read in conjunction with the Platform’s Terms of Service.
  5. You hereby appoint Trustcrow on your behalf to negotiate, sell, facilitate the sale of the Properties to the Purchaser(s).

    6. Services

  6. The Services Trustcrow will provide include:

    1. Listing the Properties including all content provided by the Seller in connection with the Properties (“Listing Content”) on the Marketplace and all the associated platforms.
    2. Using all reasonable efforts to perform the Mandate.
    3. Advertising, marketing and promoting the Properties for sale in accordance with Trustcrow’s standard advertising policy.
    4. Acting as an intermediary to facilitate communication and negotiating the sales of the Properties.
    5. Acting as an intermediary to facilitate communication and negotiating the sale of the Properties.
    6. Reporting to the Seller from time to time the progress made in marketing the Properties
    7. Providing the Seller with all relevant information on prospective Purchasers of the Properties.
    8. Promptly responding to all correspondence from the Seller in relation to provision of the Service and performance of the Mandate.
    9. Making itself available for discussions and to jointly resolve any issues that may arise, when necessary.

  7. Please note that the services exclude:

    1. Providing legal advice or services. The Seller is encouraged to seek independent legal counsel for any legal matters related to the sale.
    2. Conducting Know Your Customer (KYC) checks or due diligence on potential Purchasers of the Properties. The Seller is responsible for arranging and conducting any necessary checks.

    8. Sale Price

  8. Property will be offered for sale as stipulated by you or may be changed by agreement with the Seller from time to time or such other price as may be offered by a Purchaser and be accepted by the Seller.

    9. Advisory Fee/Commission

  9. As compensation for the Services, the Seller shall pay the Advisor 2-5% of the gross Sale Price simultaneously with the receipt of the Sale Price from the Purchaser. The Advisory Fee shall be paid to the Trustcrow.
  10. The Advisory Fee is non-refundable.

    11. Confidentiality and Data Protection

  11. The Parties anticipate that under this Agreement, it may be necessary for either party to transfer to the other information and data of a proprietary or confidential nature (the “Proprietary Information”). Such information shall be clearly identified by the disclosing party at the time of disclosure, unless by its contents and nature it would be considered proprietary or confidential by a reasonable person familiar with the subject matter of this Agreement. The Parties acknowledge that any such information is confidential and/or proprietary. The non-disclosing party further acknowledges that all information disclosed to it by the disclosing party is considered Proprietary Information of the disclosing party. Each party agrees that it will use all reasonable and prudent efforts to protect the Proprietary Information of the other party.

    12. Non-Circumvention

  12. The Seller agrees not to circumvent, avoid, bypass, or attempt to bypass the Advisor in any manner with the intent or effect of excluding the Advisor from receiving its agreed-upon compensation for services rendered in connection with any transaction(s) involving properties introduced by the Advisor.
  13. The Seller agrees not to directly or indirectly negotiate, contact, or engage in discussions with any Purchaser introduced by the Advisor or discovered through the Advisor’s platform, network, or communications, with the purpose of concluding a property transaction without the Advisor’s involvement, unless explicitly agreed upon in writing by the Advisor.
  14. The Seller agrees to notify the Advisor promptly and in writing if the Seller receives any direct contact from a Purchaser introduced by the Advisor or if there are any indications that the Purchaser wishes to proceed without the Advisor’s involvement.
  15. In the event where the Seller breaches this provision, the Advisor shall be entitled to receive the full commission or fee it would have earned had the transaction been conducted with its involvement, in addition to any other remedies available at law or equity.

    16. Limitation of Liability

  16. Unless loss or damage is caused by misappropriation by the Advisor, the Advisor shall not in any event be liable for any loss of capital, revenue or profits or loss of goodwill or for any other indirect, special, incidental, or consequential damages suffered by the Seller in connection with this Agreement. Subject to the above, direct damages shall not exceed reimbursement of the Advisory Fee paid to the Advisor for the Service by the Seller.

    17. Relationship of both Parties

  17. This Agreement does not authorise or empower either party to enter into any agreement on behalf of each other; and nothing in this Agreement shall be deemed to grant either party the right to make any commitments for and on behalf of the other party.