General Terms and Conditions
for the insertion of advertisements with SwissMLS SA
These general terms and conditions supplement the insertion contract concluded between SwissMLS SA and the advertiser (hereinafter: the customer).
These general terms and conditions apply to define the rights and obligations related to the insertion of advertisements on partner portals via the contract concluded with SwissMLS SA.
The current partner portals are as follows:
These general terms and conditions apply only to the publication of advertisements.
The various general terms and conditions of the partner portals apply subsidiarily. In the event of a contradiction, these general terms and conditions take precedence.
By concluding an advertising contract with SwissMLS SA, you obtain the right to publish your real estate advertisements (rental or sale) on the partner portals under the financial conditions and in accordance with the terms and conditions set out in the advertising contract. SwissMLS SA and the partner portals do not become parties to any contract between the advertiser and a third party. No brokerage contract is concluded between the customer and SwissMLS SA or the partner portals.
SwissMLS SA and the partner portals may subcontract the performance of the contractual services, in particular with regard to hosting. The data protection regulations are available on the website of each partner portal. SwissMLS SA and the partner portals undertake to comply with the Federal Data Protection Act.
The start date of the contract is indicated in the contract itself. If not, the contract comes into effect on the first day of the month following its signature by both parties. If there is no signature, the contract comes into effect on the first day of the month following its acceptance by both parties.
Unless the contract provides otherwise, the minimum duration of the contract is one year.
At the end of the initial duration of the placement contract and unless otherwise provided, the contract will be automatically renewed on a month-to-month basis under the same conditions unless one of the parties terminates it by registered letter with a notice period of 3 months for each period.
Either party is entitled to terminate the placement contract immediately for a just cause that would make the performance of the contract unbearable. A particularly serious breach of the contract constitutes a just cause. A less serious breach may also lead to immediate termination if it is preceded by a warning or a formal notice.
The following are in particular grounds for immediate termination by SwissMLS SA:
In the event of termination without cause by one of the parties, the contract shall not be terminated. If the termination without cause is by the customer, the customer shall continue to pay the monthly fees until the next contractual due date. The same applies if the customer renounces the use of the partner portals.
The price is fixed in the contract concluded between SwissMLS SA and the customer.
Unless otherwise stated in the contract, the monthly fees are a flat rate for the use of the partner portals, regardless of the actual number of ads published and the duration of the ads published during the respective month. However, the flat rate only applies to a certain number of ads published at the same time per month on the partner portals. The maximum number of ads is specified in the contract. The customer cannot carry over unused ad balances to the next month. If the specified maximum number of ads is exceeded, SwissMLS SA may block the publication of new ads.
If a new portal is to become a partner, the prices in the contract will be adjusted by means of a new offer. If there is no agreement on the new offer, the ads will not be published on the new portal. Conversely, if a portal is to cease being a partner, the prices mentioned in the contract will remain unchanged.
Unless otherwise stated in the contract, the prices are exclusive of VAT, are payable in advance for the following month within 10 calendar days of receipt of the invoice. The same applies to the renewal/extension of the insertion contract.
The monthly fees are indexed to the CPI (national consumer price index of the OFS). Thus, without prior termination of the contract, but with a one-month notice period given by registered mail, the monthly fees may be adjusted in proportion to the change in the Swiss consumer price index to 100% of its value, based on the index of the day the rental agreement was entered into (CPI base December 2020 = 100 points). The amount of the fee after adjustment to the CPI may not be lower than the amount of the fee set out in the contract.
In the absence of a written complaint from the customer, the invoice is considered to have been accepted 10 days after receipt.
If the payment is not made by the due date, SwissMLS SA and the partner portals may suspend the insertion of advertisements and block current advertisements without having to compensate the customer.
If an advertisement published for a specific period is withdrawn for any reason before its expiry (conclusion of a contract for the object, removal of the object from the market, etc.), the advertising fees, including any additional features, are not refunded.
The reminder fee is set at CHF 20.- (+ VAT).
The user shall not obtain or claim any rights, title or interest in the intellectual property of SwissMLS SA and the companies operating the partner portals (including copyrights, websites, name and/or trademarks and other intellectual property rights) under the insertion contract, except for the purpose of using them in accordance with the terms specified in the contract. In this case, SwissMLS SA and the companies operating the partner portals grant the customer a personal, non-exclusive, non-transferable license limited to Switzerland and for the duration of the contract.
The user agrees that in the event that he/she acquires any rights (by law or otherwise) in the portals, the website, the name and/or trademarks or any other intellectual property rights, he/she undertakes to assign them immediately, unconditionally and free of charge to SwissMLS SA and to provide all necessary documents in this regard.
The content of the advertisement posted on the partner portals belongs to the customer to the extent that it is protected by intellectual property rights. The customer confirms that by posting content, he/she has all the necessary rights to do so. SwissMLS SA and the partner portals are not obliged to check the content posted.
By publishing content on the partner portals, the customer confirms that he/she has the necessary rights to grant all necessary licenses to SwissMLS SA and the partner portals for the execution of the contract. The customer thus grants SwissMLS SA and the partner portals all intellectual property rights necessary for the execution of the insertion contract, including the right to reproduce, record, adapt, translate, publish, broadcast, publish and transfer the content to the various partner portals. The customer also allows SwissMLS SA to use the content to improve the service and develop the partner portals.
By publishing an advertisement via SwissMLS SA on the partner portals, the customer confirms that the content published does not infringe any legal provisions or third-party rights (in particular intellectual property rights, personal rights or contractual rights). The advertisements and images published are strictly limited to real estate for sale or rent.
Each real estate property may only be published once per portal.
The published advertisements must not be illegal, misleading, unfair, discriminatory or in any other way violate the legal order or pose a problem in terms of IT security. No erotic or pornographic content may be published.
The advertisements must also be up-to-date, complete, correct and transparent. The customer must fill in all the mandatory fields so that interested parties can obtain the relevant information.
In the event of a breach of the above rules, SwissMLS SA and its partner portals are entitled, but not obliged, to refuse, modify or delete the advertisements submitted or published by the customer in full or in part. In this case, the customer is not entitled to any price reduction or reimbursement of an amount already paid.
The user is solely responsible for the confidentiality and security of his/her account and for all transactions carried out on or through the account.
Except in cases of gross negligence or intentional misconduct, SwissMLS SA and the partner portals exclude all contractual and extra-contractual liability for any failure (action, omission, non-performance, misperformance, etc.) to meet their obligations in connection with this contract. In particular, SwissMLS SA and the partner portals cannot be held liable for any direct or indirect, foreseeable or unforeseeable damage. Therefore, SwissMLS SA and the partner portals are not liable, within the limits of the law, for any lost profits, commercial loss, loss of turnover or profit, loss of customers, loss of opportunity, loss of goodwill, cost of obtaining a substitute solution, service or technology, or any loss (whether temporary or not), inaccuracy or corruption of files or data.
SwissMLS SA and the partner portals also exclude all liability for the acts of their auxiliaries, such as hosting providers, even in the event of gross negligence or intentional misconduct.
SwissMLS SA and the partner portals cannot be held liable for any loss resulting from unauthorized use of the account.
SwissMLS SA and the partner portals are not liable for security defects and disruptions in third-party telecommunications networks or the Internet, or for interruptions to the operation and disruptions of the partner portals and applications. No claims for reimbursement can be made against SwissMLS SA in the event of temporary unavailability of the partner portals.
Any amendments to the contract of insertion must be made in writing and signed by both parties.
SwissMLS SA and the partner portals reserve the right to use your data for statistical purposes while preserving the anonymity of your company and your customers.
SwissMLS SA is entitled to transfer the contractual relationship or to assign all or part of the rights and claims arising from it to a third party, regardless of the customer’s consent. On the other hand, the customer is not entitled to transfer his contractual relationship with SwissMLS SA to a third party without the written consent of SwissMLS SA.
SwissMLS SA reserves the right to amend these general terms and conditions at any time. In this case, it will inform the customer of the amendments in an appropriate manner. If the customer refuses the amendments, he must terminate the contract of insertion for the next term within one month of receiving the new general terms and conditions. If the customer does not terminate the contract by registered letter within this one-month period, the amendments will be considered accepted by the customer at the end of the one-month period. In the event of termination, the initial version of the general terms and conditions will apply until the end of the contract, with the proviso that in this case SwissMLS SA reserves the right to terminate the contract for the next term.
The French version of the GTC shall be authoritative.
The Insertion Contract is governed by Swiss law. The place of jurisdiction for any disputes arising in connection with the performance or interpretation of the Insertion Contract or these General Terms and Conditions is Fribourg (City). The language of the proceedings shall be French.
Article 1 – Scope
These general terms and conditions apply to define the rights and obligations related to the insertion of advertisements on partner portals via the contract concluded with SwissMLS SA.
The current partner portals are as follows:
- dreamo.ch;
- *properstar.ch
These general terms and conditions apply only to the publication of advertisements.
The various general terms and conditions of the partner portals apply subsidiarily. In the event of a contradiction, these general terms and conditions take precedence.
Article 2 – Purpose of the contract and services provided by the advertiser
By concluding an advertising contract with SwissMLS SA, you obtain the right to publish your real estate advertisements (rental or sale) on the partner portals under the financial conditions and in accordance with the terms and conditions set out in the advertising contract. SwissMLS SA and the partner portals do not become parties to any contract between the advertiser and a third party. No brokerage contract is concluded between the customer and SwissMLS SA or the partner portals.
SwissMLS SA and the partner portals may subcontract the performance of the contractual services, in particular with regard to hosting. The data protection regulations are available on the website of each partner portal. SwissMLS SA and the partner portals undertake to comply with the Federal Data Protection Act.
Article 3 – Start and end of the relationship
The start date of the contract is indicated in the contract itself. If not, the contract comes into effect on the first day of the month following its signature by both parties. If there is no signature, the contract comes into effect on the first day of the month following its acceptance by both parties.
Unless the contract provides otherwise, the minimum duration of the contract is one year.
At the end of the initial duration of the placement contract and unless otherwise provided, the contract will be automatically renewed on a month-to-month basis under the same conditions unless one of the parties terminates it by registered letter with a notice period of 3 months for each period.
Either party is entitled to terminate the placement contract immediately for a just cause that would make the performance of the contract unbearable. A particularly serious breach of the contract constitutes a just cause. A less serious breach may also lead to immediate termination if it is preceded by a warning or a formal notice.
The following are in particular grounds for immediate termination by SwissMLS SA:
- The customer fails to pay a sum due to SwissMLS SA despite a reminder to pay within 15 days;
- The customer has disclosed data that is the property of SwissMLS SA or its partner portals, in particular business secrets that he or she has become aware of voluntarily or involuntarily and/or has used for his or her own purposes outside the scope of the insertion contract;
- The customer has disclosed his or her personal identification data to a third party;
- The customer has violated the rules on the content of the advertisement in a serious or repeated manner.
In the event of termination without cause by one of the parties, the contract shall not be terminated. If the termination without cause is by the customer, the customer shall continue to pay the monthly fees until the next contractual due date. The same applies if the customer renounces the use of the partner portals.
Article 4 – Payment
The price is fixed in the contract concluded between SwissMLS SA and the customer.
Unless otherwise stated in the contract, the monthly fees are a flat rate for the use of the partner portals, regardless of the actual number of ads published and the duration of the ads published during the respective month. However, the flat rate only applies to a certain number of ads published at the same time per month on the partner portals. The maximum number of ads is specified in the contract. The customer cannot carry over unused ad balances to the next month. If the specified maximum number of ads is exceeded, SwissMLS SA may block the publication of new ads.
If a new portal is to become a partner, the prices in the contract will be adjusted by means of a new offer. If there is no agreement on the new offer, the ads will not be published on the new portal. Conversely, if a portal is to cease being a partner, the prices mentioned in the contract will remain unchanged.
Unless otherwise stated in the contract, the prices are exclusive of VAT, are payable in advance for the following month within 10 calendar days of receipt of the invoice. The same applies to the renewal/extension of the insertion contract.
The monthly fees are indexed to the CPI (national consumer price index of the OFS). Thus, without prior termination of the contract, but with a one-month notice period given by registered mail, the monthly fees may be adjusted in proportion to the change in the Swiss consumer price index to 100% of its value, based on the index of the day the rental agreement was entered into (CPI base December 2020 = 100 points). The amount of the fee after adjustment to the CPI may not be lower than the amount of the fee set out in the contract.
In the absence of a written complaint from the customer, the invoice is considered to have been accepted 10 days after receipt.
If the payment is not made by the due date, SwissMLS SA and the partner portals may suspend the insertion of advertisements and block current advertisements without having to compensate the customer.
If an advertisement published for a specific period is withdrawn for any reason before its expiry (conclusion of a contract for the object, removal of the object from the market, etc.), the advertising fees, including any additional features, are not refunded.
The reminder fee is set at CHF 20.- (+ VAT).
Article 5 – Intellectual Property
The user shall not obtain or claim any rights, title or interest in the intellectual property of SwissMLS SA and the companies operating the partner portals (including copyrights, websites, name and/or trademarks and other intellectual property rights) under the insertion contract, except for the purpose of using them in accordance with the terms specified in the contract. In this case, SwissMLS SA and the companies operating the partner portals grant the customer a personal, non-exclusive, non-transferable license limited to Switzerland and for the duration of the contract.
The user agrees that in the event that he/she acquires any rights (by law or otherwise) in the portals, the website, the name and/or trademarks or any other intellectual property rights, he/she undertakes to assign them immediately, unconditionally and free of charge to SwissMLS SA and to provide all necessary documents in this regard.
The content of the advertisement posted on the partner portals belongs to the customer to the extent that it is protected by intellectual property rights. The customer confirms that by posting content, he/she has all the necessary rights to do so. SwissMLS SA and the partner portals are not obliged to check the content posted.
By publishing content on the partner portals, the customer confirms that he/she has the necessary rights to grant all necessary licenses to SwissMLS SA and the partner portals for the execution of the contract. The customer thus grants SwissMLS SA and the partner portals all intellectual property rights necessary for the execution of the insertion contract, including the right to reproduce, record, adapt, translate, publish, broadcast, publish and transfer the content to the various partner portals. The customer also allows SwissMLS SA to use the content to improve the service and develop the partner portals.
Article 6 – Content of the advertisement
By publishing an advertisement via SwissMLS SA on the partner portals, the customer confirms that the content published does not infringe any legal provisions or third-party rights (in particular intellectual property rights, personal rights or contractual rights). The advertisements and images published are strictly limited to real estate for sale or rent.
Each real estate property may only be published once per portal.
The published advertisements must not be illegal, misleading, unfair, discriminatory or in any other way violate the legal order or pose a problem in terms of IT security. No erotic or pornographic content may be published.
The advertisements must also be up-to-date, complete, correct and transparent. The customer must fill in all the mandatory fields so that interested parties can obtain the relevant information.
In the event of a breach of the above rules, SwissMLS SA and its partner portals are entitled, but not obliged, to refuse, modify or delete the advertisements submitted or published by the customer in full or in part. In this case, the customer is not entitled to any price reduction or reimbursement of an amount already paid.
Article 7 – Liability
The user is solely responsible for the confidentiality and security of his/her account and for all transactions carried out on or through the account.
Except in cases of gross negligence or intentional misconduct, SwissMLS SA and the partner portals exclude all contractual and extra-contractual liability for any failure (action, omission, non-performance, misperformance, etc.) to meet their obligations in connection with this contract. In particular, SwissMLS SA and the partner portals cannot be held liable for any direct or indirect, foreseeable or unforeseeable damage. Therefore, SwissMLS SA and the partner portals are not liable, within the limits of the law, for any lost profits, commercial loss, loss of turnover or profit, loss of customers, loss of opportunity, loss of goodwill, cost of obtaining a substitute solution, service or technology, or any loss (whether temporary or not), inaccuracy or corruption of files or data.
SwissMLS SA and the partner portals also exclude all liability for the acts of their auxiliaries, such as hosting providers, even in the event of gross negligence or intentional misconduct.
SwissMLS SA and the partner portals cannot be held liable for any loss resulting from unauthorized use of the account.
SwissMLS SA and the partner portals are not liable for security defects and disruptions in third-party telecommunications networks or the Internet, or for interruptions to the operation and disruptions of the partner portals and applications. No claims for reimbursement can be made against SwissMLS SA in the event of temporary unavailability of the partner portals.
Article 8 – Miscellaneous
Any amendments to the contract of insertion must be made in writing and signed by both parties.
SwissMLS SA and the partner portals reserve the right to use your data for statistical purposes while preserving the anonymity of your company and your customers.
SwissMLS SA is entitled to transfer the contractual relationship or to assign all or part of the rights and claims arising from it to a third party, regardless of the customer’s consent. On the other hand, the customer is not entitled to transfer his contractual relationship with SwissMLS SA to a third party without the written consent of SwissMLS SA.
SwissMLS SA reserves the right to amend these general terms and conditions at any time. In this case, it will inform the customer of the amendments in an appropriate manner. If the customer refuses the amendments, he must terminate the contract of insertion for the next term within one month of receiving the new general terms and conditions. If the customer does not terminate the contract by registered letter within this one-month period, the amendments will be considered accepted by the customer at the end of the one-month period. In the event of termination, the initial version of the general terms and conditions will apply until the end of the contract, with the proviso that in this case SwissMLS SA reserves the right to terminate the contract for the next term.
The French version of the GTC shall be authoritative.
The Insertion Contract is governed by Swiss law. The place of jurisdiction for any disputes arising in connection with the performance or interpretation of the Insertion Contract or these General Terms and Conditions is Fribourg (City). The language of the proceedings shall be French.
31.03.2026