Terms and conditions

1. Introduction

These Terms & Conditions ("Terms") govern the provision of services by FiSBO® NZ Ltd ("FiSBO®", "we", "us", "our") to property owners ("you", "the Seller").

By accepting a FiSBO® service agreement, engaging our services, or using any FiSBO® platform, you confirm that you have read, understood, and agree to be bound by these Terms.

2. Nature of the FiSBO® Service

FiSBO® is in the business of the provision of general advice and materials to assist owners to locate and negotiate with potential buyers. This includes property marketing, sales support, and technology-enabled services.

FiSBO®:

• Is not a real estate agency
• Does not act as an agent or representative
• Does not negotiate or contract on your behalf
• Does not receive commission or contingency-based remuneration

You retain full control and authority over pricing, buyer selection, negotiation, and acceptance or rejection of any offer.

3. Regulatory Position

FiSBO® provides services that are lawful, compliant, and permitted under New Zealand law. Legal advice, conveyancing, and contractual matters must be handled by qualified solicitors or conveyancers engaged by you.

4. Scope of Services

Depending on the service package selected, FiSBO® may provide:

• Professional photography, video, VR tours, and floor plans
• Signage, brochures, and marketing materials
• Listings on third-party platforms (including but not limited to Trade Me and Homes.co.nz)
• Buyer enquiry handling and scheduling support
• Open home assistance (where applicable)
• Guidance on process, timelines, and next steps
• Access to technology platforms, dashboards, and automation tools

Specific inclusions are defined in your accepted service agreement or proposal.

5. Services Excluded

FiSBO® does not:

• Provide legal advice
• Draft, amend, or approve Sale & Purchase Agreements
• Negotiate price or terms on your behalf
• Represent you as an agent to buyers
• Guarantee any sale price, timeframe, or outcome

6. Seller Responsibilities

You agree to:

• Provide accurate, complete, and lawful information
• Ensure all marketing content is truthful and not misleading
• Maintain appropriate insurance for the property
• Comply with health, safety, and access obligations
• Appoint a solicitor or conveyancer for the transaction
• Make all final decisions independently

You acknowledge that buyers may rely on information you provide.

7. Payment Terms

Fixed Fees

FiSBO® services are provided on a fixed-fee basis, as outlined in the selected service package.

Invoicing

An invoice will be issued upon acceptance of the FiSBO® service agreement. Acceptance may occur electronically, in writing, or by commencement of services.

Pre-Pay Services

Where a pre-pay service is selected:

• Payment is due in accordance with the issued invoice
• Marketing, setup, and third-party costs are non-refundable once incurred
• Services commence once acceptance has occurred and initial requirements are met

Pay-on-Sale Services (where approved)

Where a pay-on-sale option has been approved in writing:

• The fee becomes payable upon unconditional sale
• Invoicing may still occur on acceptance for administrative purposes
• Payment is due at or prior to settlement

All prices are exclusive of GST unless expressly stated otherwise.

8. Advertising & Third-Party Platforms

FiSBO® may place listings and advertisements on third-party platforms.

You acknowledge that:

• Third-party platforms operate under their own terms
• FiSBO® does not control platform availability or performance
• Listing approvals, suspensions, or removals may occur outside FiSBO®'s control

9. Open Homes & Viewings

Where open home or viewing support is provided:

• Property access must be safe and lawful
• FiSBO® staff do not provide security services
• Sellers remain responsible for property contents
• Buyer behaviour and attendance are not guaranteed

10. Offers, Negotiation & Sale

All offers are made directly to you.

FiSBO® may:

• Explain process steps
• Assist with presentation of offers
• Provide factual or procedural information

FiSBO® does not:

• Recommend acceptance or rejection
• Apply pressure to proceed
• Act as an intermediary negotiator

11. Technology, Data & AI Tools

FiSBO® uses digital platforms, automation, and AI-assisted tools to deliver services efficiently.

You consent to:

• Electronic communication
• Storage and processing of data
• Use of AI tools for workflow, content generation, and analysis

FiSBO® does not warrant that technology systems will be uninterrupted or error-free.

12. Privacy

FiSBO® complies with the Privacy Act 2020.

Personal information is used to:

• Deliver services
• Communicate with you
• Improve systems and processes

Further details are available in the FiSBO® Privacy Policy.

13. Limitation of Liability

To the maximum extent permitted by law:

• FiSBO® is not liable for indirect or consequential loss
• Liability is limited to the fees paid for the services
• No guarantee of sale, price, or timeframe is provided

14. Termination

FiSBO® may suspend or terminate services if:

• Fees remain unpaid
• Information provided is false or misleading
• These Terms are breached

You may withdraw from services at any time, noting that non-refundable fees apply.

15. Changes to Terms

FiSBO® may update these Terms from time to time. The version in effect at the time of acceptance applies.

16. Governing Law

These Terms are governed by the laws of New Zealand. Any disputes are subject to the exclusive jurisdiction of New Zealand courts.

17. Acceptance

Acceptance of the FiSBO® service agreement authorises FiSBO® NZ Ltd to issue an invoice in accordance with these Terms & Conditions.