Broker User Agreement

Our mission & commitment to impartiality

Bonaire Brokers brings every broker's listings together in one place, so the whole island's market is visible to buyers and your listings reach a wider audience. We are an independent and impartial platform: we do not act for any single broker or agent, and we do not favour one over another. Placement and search results are not for sale, all participating brokers are presented on equal terms, and because we earn nothing from displaying your listings (see section 1) we have no incentive to promote one broker's listings above another's.

All Participating Brokers are represented equally: they carry the same weight when voting on our roadmap, and all Participating Brokers are equally eligible to be proposed when a user is prompted to 'select representation'.

1. Free for Brokers — how it works

Republishing listings on the Platform is free for Brokers. We do not, and will not, ever charge you a listing or membership fee, and we do not monetize your listings — we take no commission from your listings, and we do not sell your listing content. You keep your own commission arrangements with your clients. In return, you grant us the licence in section 2 and the aggregation permission in section 4 purely so we can display and promote your listings and send you the buyer inquiries they generate ("lead routing"); how you respond is up to you. The only exception: this applies to listings created by users that are not registered as Brokers or Agents, which fall under our FSBO listings — those created first on our platform as For Sale By Owner ("FSBO") listings — where a 0.5% commission of the sold price is hereby agreed upon.
— see section 10.

2. Licence to your listing content

You grant Bonaire Brokers a worldwide, non-exclusive, royalty-free, sub-licensable licence to host, store, copy, display, resize, reformat, recompress, publish, distribute, and create necessary derivative works (for formatting and display) from your listing content — including property descriptions, photographs, floor plans, video, pricing, and related data ("Listing Content") — for the purposes of: (a) operating and improving the Platform; (b) marketing the Platform and the listed properties across digital and print channels, including search engines (SEO) and social media; and (c) sub-licensing to our group companies and technology partners for those purposes. You retain ownership of your Listing Content. This licence is limited to displaying and promoting your listings and the Platform; we do not sell your Listing Content or licence it to anyone for their own commercial use. The licence runs while a listing is live and for up to 12 months afterwards, so cached copies, search-engine snapshots, and archived pages can age out naturally.

3. Your warranties & indemnity

You represent and warrant that:

• you own, or hold a sufficient licence from the copyright owner — including any professional photographer who produced the images — to grant the licence in section 2 for all of the uses it describes (display, resizing, marketing, social media, and the 12-month tail);
• no Listing Content infringes the intellectual-property, privacy, or other rights of any third party;
• you have obtained any necessary consent from owners or occupants identifiable in photographs;
• the factual information in each listing (price, size, status, features) is accurate to the best of your knowledge when submitted, and you will update it promptly when it changes.

You agree to indemnify and hold Bonaire Brokers harmless against claims, losses, and reasonable costs (including legal fees) arising from a breach of these warranties — in particular any claim by a photographer or other rights holder regarding images you supplied or that we obtained from your listings. Photographer copyright is the most common dispute in this area; please make sure your photography licences cover third-party portal display before you list.

4. Permission to crawl & aggregate

You expressly authorise Bonaire Brokers and our automated systems (including web crawlers) to access, read, copy, and index the publicly accessible listing pages of your website(s) — as notified by you, or as identified from public sources — in order to find and aggregate your property listings for display on the Platform. To the extent necessary for this purpose, this authorisation applies despite any contrary instruction in your website's robots.txt or general website terms. You warrant that you are entitled to grant this access. We will crawl in a technically reasonable way that minimises load on your servers, and we will stop crawling a page and remove the corresponding listing promptly (normally within 2 business days) after a written request from you. If you would prefer to send us a listing feed instead of being crawled, contact us.

5. What we do

We will display your listings in a commercially reasonable manner, attribute them to your brokerage, and forward buyer inquiries we receive for them. We may select, arrange, format, and feature listings editorially, and we may decline or remove any listing at our discretion (for example if it appears inaccurate, unlawful, or in breach of this Agreement). We do not guarantee any particular placement, traffic, number of leads, or results.

6. Keeping listings accurate

You are responsible for the accuracy of your Listing Content and for keeping it current. Please mark properties as sold, under offer, or withdrawn promptly, and update prices and details when they change, so buyers are not misled. We may rely on, cache, and re-display the most recent Listing Content we have until you update it or ask us to remove it.

In particular, you must not invent, falsify, or misrepresent a property's address or neighbourhood, and you must not include hyperlinks, URLs, or other external links in a listing description. We may edit or remove any listing that breaches these rules.

7. Term, termination & what happens after

Either of us may end this Agreement at any time. On your written request, or when this Agreement ends, we will remove your active listings from public display within 2 business days. We may keep copies in backups and in aggregated or anonymised form (for operational continuity and to improve the Platform) for up to 12 months, and may keep anonymised, non-identifying market data (such as price-per-square-metre and asking-versus-sold trends) indefinitely. We cannot control, and do not warrant the removal of, copies cached by third-party search engines we do not operate. Your warranties and indemnity in section 3 survive termination.

8. Data protection

Each of us handles personal data in accordance with the Wet bescherming persoonsgegevens BES (Wbp BES). You are responsible for any personal data within your Listing Content and for having the right to share it with us and for it to be published. We process your brokerage contact details and the inquiries we route to you as described in our Cookie & Privacy Notice.

9. Liability

To the maximum extent permitted by applicable law, our liability under this Agreement is limited as set out in sections 12–14 of the Terms of Service. Because the Platform is provided to you without a listing or membership fee, we provide it "as is" and are not liable for lost leads, lost sales, or other indirect or consequential loss. Nothing limits liability that cannot lawfully be limited.

10. FSBO-originated listings

We do not monetize your listings; the only fee a broker ever owes us relates to listings that originated on the Platform. A listing created in the Bonaire Brokers database through our tools — including any For Sale By Owner ("FSBO") listing — is one of our Platform Listings, recorded with the date it was created and the date it was published. If a property had a Platform Listing and you subsequently market, represent, or complete its sale, you agree to pay Bonaire Brokers 0.5% of the sale price. This applies whether the seller engaged you directly or the listing reached you in any other way; the listing's creation and publication dates in our database determine whether it applies. It exists so the FSBO fee cannot be avoided simply by routing an FSBO-originated sale through a broker — it is not a charge on your own listings, which remain free and unmonetized.

Like the FSBO fee, it is earned when a binding purchase agreement (koopakte) is signed and payable on or before the notarial transfer (leveringsakte), calculated on the price stated in the koopakte excluding transfer tax and closing costs, plus any applicable ABB. You may recover it as part of the buyer's costs (kosten koper) in the usual way. We will not also charge the FSBO seller for the same sale.

11. Changes, governing law & contact

We may update this Agreement; we will change the effective date above and, for material changes, give notice on the Platform or by email. This Agreement is governed by the law applicable in Bonaire, Caribbean Netherlands (including the Burgerlijk Wetboek BES), and disputes fall to the competent court for Bonaire (the Gerecht in eerste aanleg van Bonaire, Sint Eustatius en Saba). Questions? Contact Bonaire Brokers b.v. at info@bonaire-brokers.com or +599 795 77 77.