Terms of Service

1. Definitions

In these Terms:

• "We," "us," "our" refers to FirstCape Estate Management
• "You," "your" refers to the user of our services
• "Services" includes our website, property listings, and estate management services
• "Property" refers to real estate listed on our platform
• "Landlord" refers to property owners listing properties through our service
• "Client" refers to individuals seeking to buy or rent properties

2. Acceptance of Terms

These Terms govern:

• Your use of our website (firstcapeestatemanagement.com)
• Any services we provide
• All property transactions facilitated through us
• Communications between you and FirstCape

By using our services, you confirm that:

• You are at least 18 years old
• You have the legal capacity to enter into binding contracts
• All information you provide is accurate and truthful
• You will comply with all applicable laws

3. Services Provided

3.1 Property Listings

We provide:

• Online property listings (for sale and rent)
• Property search and matching services
• Virtual tours and property information
• Connection between landlords and potential clients

3.2 Property Management

For landlords, we offer:

• Property listing and marketing
• Tenant screening and placement
• Rent collection and financial management
• Property maintenance coordination
• Legal compliance assistance

3.3 Brokerage Services

We facilitate:

• Property viewings and site visits
• Negotiations between parties
• Transaction coordination
• Documentation assistance

4. User Responsibilities

4.1 For All Users

You agree to:

• Provide accurate, current information
• Maintain the security of your account (if applicable)
• Not misuse our services or website
• Not engage in fraudulent activities
• Respect intellectual property rights
• Comply with all applicable laws and regulations

4.2 For Property Seekers

You agree to:

• Provide genuine interest in properties
• Attend scheduled viewings or notify us of cancellations
• Not waste time of landlords or our staff
• Conduct due diligence on properties of interest
• Engage in good faith negotiations

4.3 For Landlords

You agree to:

• Provide accurate property information
• Have legal right to list the property
• Ensure property meets safety and habitability standards
• Comply with Ghana's rental and property laws
• Honor agreements made through our platform
• Pay agreed fees for services rendered

5. Property Information Disclaimer

5.1 No Guarantee

We do not guarantee:

• Availability of any listed property
• Accuracy of property descriptions
• Suitability of any property for your needs
• Completion of any transaction
• Property values or investment returns

6. Fees and Payments

6.1 Commission Structure

Our fees vary based on service type:

• Property sales: Typically 5-10% of sale price (negotiable)
• Rental placement: Typically one month's rent or agreed percentage
• Property management: Monthly fee as per agreement

6.2 Payment Terms

• Fees are due as specified in individual agreements
• Late payments may incur additional charges
• All fees are non-refundable unless otherwise stated
• You are responsible for any bank charges or transaction fees

7. Intellectual Property

7.1 Our Content

All content on our website is owned by FirstCape Estate Management:

• Text, images, logos, and branding
• Website design and layout
• Software and code
• Marketing materials

You may not:

• Copy, reproduce, or redistribute our content
• Use our branding without permission
• Create derivative works
• Use our content for commercial purposes

7.2 User-Generated Content

If you submit content (reviews, photos, testimonials):

• You grant us a license to use it for marketing
• You confirm you own the content or have permission
• You waive any moral rights
• We may edit or remove content at our discretion

8. Limitation of Liability

8.1 No Liability For:

• Property defects or issues not disclosed by landlords
• Disputes between landlords and tenants/buyers
• Financial losses from property transactions
• Inaccurate property information provided by third parties
• Delays or failures in property transactions
• Actions or omissions of landlords, tenants, or third parties

8.2 Website Availability

We do not guarantee:

• Uninterrupted website access
• Error-free operation
• Security from unauthorized access
• Freedom from viruses or harmful components

8.3 Maximum Liability

Our total liability to you shall not exceed:

• The fees you paid us in the 12 months before the claim, or
• GH₵1,000, whichever is greater

9. Indemnification

You agree to indemnify and hold harmless FirstCape Estate Management from:

• Your violation of these Terms
• Your violation of any law or third-party rights
• Your use or misuse of our services
• Claims arising from your property transactions
• Any content you submit to our platform

10. Termination

10.1 By Us

We may terminate or suspend your access if:

• You violate these Terms
• You engage in fraudulent activity
• You provide false information
• We cease operations
• Required by law

10.2 By You

You may stop using our services at any time by:

• Ceasing to access our website
• Requesting account deletion (if applicable)
• Terminating any service agreements

10.3 Effect of Termination

• Your right to use our services ends immediately
• Outstanding fees remain payable
• Certain provisions survive termination (confidentiality, liability, etc.)

11. Governing Law

These Terms are governed by:

• Ghana law and regulations
• Rent Act, 1963 (Act 220)
• Land Title Registration Law, 1986 (PNDCL 152)
• Data Protection Act, 2012 (Act 843)

11.1 Dispute Resolution

In case of disputes:

1. Negotiation: We'll first attempt to resolve amicably
2. Mediation: If negotiation fails, we'll use mediation
3. Arbitration: Binding arbitration in Accra, Ghana
4. Courts: As a last resort, courts in Accra, Ghana have jurisdiction

12. Changes to Terms

We may update these Terms:

• Changes will be posted on this page
• Significant changes will be notified via email
• Continued use after changes constitutes acceptance
• You should review these Terms periodically

13. Severability

If any provision is found invalid or unenforceable:

• That provision will be limited or eliminated to minimum extent
• Other provisions remain in full force
• The intent of the Terms will be preserved

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute:

• The entire agreement between you and FirstCape
• Supersede all prior agreements or understandings
• May only be modified in writing

15. Contact Information