Terms and Conditions for the Advertisers

"We", "Our", "Us" refers to Buyinyourarea.co.uk Limited.

"Our web site" refers to www.buyinyourarea.co.uk.

"You", "Your" or "the Client" refers to you as the user of the Property Internet Service (the "Service").

"Service" may include any of the following or a combination thereof:

 

• a process that will facilitate your uploading of estate agent details (including images) to either:
  • the extensive property search engine accessible on our web site; or
  • another internet site of your choice that has been approved by us in advance in writing;
• online banner advertising and banner impressions run on our web site;
• having your estate agency logo featured on our web site;
• phone support.

The following are the standard terms and conditions ("Terms and Conditions") that apply to your use of the Service. Receipt of an Order Form signed by you will constitute your acceptance of the Terms and Conditions. Please read the Terms and Conditions in conjunction with the Order Form, and any other document provided to you at the time of signing the Order Form.

 

Your Obligations

 

You must:

• only contact potential buyers with information that is relevant to their request.
• ensure that material you generate through use of the Service is not unlawful or for an improper purpose, including information that is defamatory, misleading or deceptive, in breach of copyright or would otherwise expose us to any liability, legal proceedings or other sanction;
• abide by any applicable Code of Practice (incorporating privacy and advertising codes), and otherwise act in accordance with any applicable law, regulation or our reasonable instructions
• comply with any guidelines and codes issued by the NAEA or any other relevant trade organisation.
• ensure the details of those contacting you are kept private and not issued to any third parties. Passing on people's contact details from buyinyourarea.co.uk is improper, unlawful and a breach of our legal privacy policy.

You acknowledge that:

 

• you have read and agree to be bound by the terms of all legal notices posted on the Site including Privacy Policy, Disclaimer and Copyright notices;
• by using the Service, you grant us an irrevocable, world-wide, royalty free licence to commercialise, copy, license to other persons, use and adapt for any purpose any material you generate or submit to make use of the Service.
• we are not under any obligation to monitor or censor the material generated by users of the Service that appears on our website, however we reserve the right to do so;
• we are not responsible for the Service's content or for any errors or omissions in any property data provided by or on behalf of you;
• systems or technological failure may impede or prevent access to all or any part of the website data;
• you are responsible for and must pay the cost of all telecommunications and Internet access charges incurred by you when using our website, whether or not such access has been arranged by us;
• you are responsible for the security and integrity of your data;
• transmission of data over the Internet can be subject to errors and delays;
• we may contact you by various means from time to time to make you aware of appropriate products and services offered by us, unless you notify us that you do not wish to be contacted. In this context, you authorise us to contact you via email, SMS, MMS and other electronic media for that purpose unless you request us not to contact you via these media.

Initial Term, Suspension, Cancellation or Termination of Service

 

Initial Term

 

Your Initial Term is as specified in the Order Form.

1. Where you have selected a 12 month term, this Agreement shall have an Initial Term of twelve (12) months from the date of this Agreement.
2. Where you have selected a 12 month term with opt out, this Agreement will have an Initial Term of twelve (12) months from the start date, although you may cancel the Agreement at any time, and without refund after three months of commencing your campaign.

Suspension or Termination

 

We may terminate this Agreement at any time for any reason provided that seven (7) clear days' written notice has been provided to you. Should you continue to use the Service following termination of the Agreement, you shall remain liable for any and all costs incurred by you.

Without limiting our other rights, we may immediately suspend or temporarily remove details of your estate or letting agency

If you fail to pay any fees or charges due to us by the due date;

 

• you breach any part of this Agreement and fail to rectify that breach within seven (7) days of our giving notice requiring rectification;
• any material supplied by you is false or misleading;
• you enter into bankruptcy, liquidation, administration, receivership, a composition or arrangement with your creditors, or appoint a receiver or manager over all or any part of your assets or become or are deemed to become insolvent; or
• where you are in a partnership, the partnership is dissolved or an application to dissolve is filed, or if you are a company, the company is wound up or an application for winding up is filed.

You must pay all outstanding amounts to us within seven (7) days of termination of this Agreement.

You acknowledge and agree that termination of this Agreement pursuant to this clause does not relieve you of your obligations and liabilities pursuant to the Agreement and we reserve our right to enforce such obligations and liabilities in any event.

 

Packages, Fees and Billing

 

We reserve the right to amend the terms and conditions of this Agreement, including package components and fees, at any time. You will be given notice of any changes to our fees or package components. Our receipt of your monthly or annual service fee payment following such notice will constitute acceptance of amended terms and conditions.

Service fees for the initial month of using the Service are payable as at the date of this Agreement with the due date being fourteen (14) days from the date of this Agreement. Fees for subsequent months are payable in advance with the due date being fourteen (14) days from the commencement of any subsequent month by reference to the date of this Agreement. If we do not receive payment by the due date, we may:

• remove any reference or prevent access to your estate agency data, submitted by you to the Site;
• charge an administration fee of £5.00 plus any applicable VAT per month on overdue accounts;
• charge interest on any overdue amount at a rate equal to 2% per calendar month; and
• demand that you pay for any costs of collecting the overdue amount, including but not limited to collection of agency fees and legal fees.

You will pay all taxes, duties and other charges payable in connection with this Agreement whether applying as at the date of this Agreement or in the future, including, without limitation, any applicable VAT,but excluding taxes, duties and government charges based on our income.

 

Limitation of Liability and Indemnity

 

To the extent permitted under any applicable legislation or regulation, we:

• exclude all conditions and warranties implied into the Agreement;
• exclude consequential or indirect loss or damage (included but not limited to loss of opportunity, loss of revenue and loss of profits);
• limit our liability for breach of any condition or warranty that we cannot exclude to the greater of (at our option):
  • re-supplying the Service; or
  • paying the cost of having the Service re-supplied; and
• limit our liability in respect of any other claim in connection with the Agreement whether the claim is based in contract, tort (including negligence) or statute to the amount paid to us by you under this Agreement.

We will not be liable under this Agreement to the extent that liability is caused by:

• any breach of your obligations under this agreement; or
• any delay in performance or breach of the Agreement which arises as a result of any matter beyond our control including but not limited to viruses, other defects or failure of the server hosting our web site.

You indemnify us, employees and agents ("those indemnified") against any direct or indirect or consequential liabilities, losses, damages, expenses and costs (including legal expenses on a solicitor and own client basis) incurred or suffered by any of those indemnified as a result of any claim or proceedings brought by a third party against those indemnified in connection with any material generated by you in connection with the Service.

This clause does not seek to exclude any liability for death or personal injury caused by our negligence or any liability for fraud.

 

General

• No delay or failure by us to enforce any provision of the Agreement will be deemed a waiver or create a precedent or will prejudice our rights.
• A notice must be sent by e-mail, prepaid post or facsimile to your or our last known address.
• You must not assign the Agreement without our written consent.
• The Agreement (together with any documents referred to in the Agreement or provided by us at the same time as the Agreement) comprises the entire agreement. It supersedes all prior understandings, agreements or representations.
• The laws of England and Wales govern the Agreement.
• You submit to the exclusive jurisdiction of the English courts.
• If any term of the Agreement is or may become for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.