ESTATE AND LETTING AGENT TERMS

ESTATE AND LETTING AGENT- TERMS AND CONDITIONS FOR USE AND SALES
lettingaproperty.com Ltd (www.lettingaproperty.com)

Last updated: 27 March 2010

A.    DEFINITIONS
1)    “Agent” means any person, firm or corporate entity in the business of selling or letting residential or commercial properties or land on behalf of a third party.
2)    “Developer” means any person, firm or corporate entity in the business of building or renovating residential or commercial properties.
3)    “Landlord” means any person, firm or corporate entity marketing and/or managing property they own for let.
4)    “Conditions” means these terms and conditions of Your Membership.
5)    “We”, “Us”, “Our” and “lettingaproperty.com Limited” refers to lettingaproperty.com Ltd, PO BOX 5175, Stratford Upon Avon. Registered in England no. 6679146.
6)    “You” and “your” refers to the person, firm or corporate entity who has applied for membership of Our Website.
7)    “Your Client” means an Agent, Developer or Landlord who has instructed you to market property, land or developments on their behalf.
8)    “Our Website” means our website, www.lettingaproperty.com
9)    “Term” means the initial period of Your Membership set out in our notice to you confirming acceptance of your application.
10)    “User Data” means information provided by or derived from the activities of visitors to Our Website, but does not include Your Data.
11)    “Your Data” means all information and any part thereof provided to Us by You either directly or indirectly, including Data supplied by way of a link to a document or similar of any kind, or information provided or displayed by a third party.
12)    “Locations” means the places from which you operate, promote or manage your activities which are displaying Your Data on Our Website and the contact details You provide to Us where We will direct enquiries about Your Data.
13)    If your application is accepted by Us, Your Membership means membership of and access to the LettingaProperty services you select and use for those Locations nominated on your membership application form(s).
14)    “Our Users” means a visitor to our website.

B.    OUR COMMITMENT TO YOU
We:
1)    Will provide an internet property listing service for displaying Your Data to visitors to Our Website and may also offer you other relevant additional features and services to help manage your advertising and promote your membership;
2)    Will use reasonable endeavours to ensure that, except where We are manually updating Your Data pursuant to Your instructions, updates to Your Data provided automatically to Us will appear on Our Website within 24 hours of receipt or, if You make changes to Your Data via Our Website, within 15 minutes;
3)    Will use reasonable endeavours to provide access for You to add, amend or remove Your Data on Our Website 24 hours a day, 7 days a week;
4)    Will use reasonable endeavours to maintain the availability and performance of Our Website;
5)    Will maintain the integrity of Your Data but accept no responsibility for checking the accuracy of Your Data and have no obligation to edit or review your data, although we reserve the right to edit, review, suppress or remove Your Data if we believe it is inaccurate, inappropriate or in our opinion contravenes these Conditions or any applicable law in any way
6)    Will use reasonable endeavours to ensure that Your Data is not altered in such a way as to misrepresent any of the information contained in it;
7)    Will notify You of changes to the specification and/or format in which You must provide Your Data at least 1 month in advance, except where changes are essential to the proper operation of Our Website, in which case We will notify You as soon as reasonably practicable;
8)    Will forward all potential customer enquiries, generated from Our Website, to the contact details We have for Your Locations as soon as reasonably practical. In the event of Our failure to do so, We will notify You within 5 working days of becoming aware of such failure;
9)    Will comply with the Data Protection Act 1998 to the extent that it affects Our business and with any guidance applicable to Our business issued from time to time by the Information Commissioner;
10)    Will use reasonable endeavours to market Our Website to prospective sellers, buyers and renters located in the UK;
11)    Warrant that no third party will be granted access to:
12)    Your Data without Your consent, other than that which is or was made available via Our Website or third party websites in accordance with Condition C17;
13)    User Data where it can be directly associated with You or Your Locations;
14)    Grant You the non-exclusive right to use Our logo, name and Our Website address in any advertising, promotional material and displays in accordance with any instructions that We may issue from time to time and/or display upon Our Website and in a manner that does not bring Us into disrepute or misrepresent Your relationship with Us;
15)    Will, at Our sole discretion, provide you with a profile page or pages on Our Website, the entire content of which shall be subject to Our approval.

C.    YOUR COMMITMENT TO US
You:
1)    Warrant that You or Your Client operate as an Agent, Developer or Landlord and are providing the services normally associated with those operations;
2)    Warrant that unless you are a Landlord, neither You or Your Client are dealing as a consumer for the purposes of the Unfair Contract Terms Act 1977, Section 12, as amended;
3)    Warrant that Your Data will only include information on property or land appropriate to Your Membership;
4)    Where You or Your Client received the original instruction from a third party at one of Your Locations to sell or let such property or land OR
5)    Where You or Your Client have developed or are developing such property or land at one of Your locations;
6)    Will deliver Your Data to Us in accordance with any specifications and/or in the format that We advise You of from time to time;
7)    Will provide Us with a valid working email address for each of Your Locations and will immediately advise Us of any changes or technical problems that would prevent Your Locations receiving emails from Us;
8)    Will comply and You will procure that Your Client complies with all UK legislation and other regulatory and compliance standards that are applicable to a business of the same or a similar nature to Yours or Your Client’s business within the UK (such as, without limitation, the Estate Agents Act 1979, The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 and The Home Information pack Regulations 2007) and if You or Your Client or both (as appropriate) operate outside the UK, within that jurisdiction as well;
9)    Warrant that You will comply with all reasonable instructions and preferences expressed by Our Users and will comply fully with Your obligations under the Data Protection Act 1988 with respect to all personal data We send or make available to You;
10)    Will act and You will procure that Your Client acts in accordance with the best practice of a supplier with experience and expertise in carrying on business in the same or similar area of business as Yours or Your Client’s business, within the UK and if You or Your Client or both (as appropriate) operate outside the UK, within that jurisdiction as well;
11)    Will ensure that Your Data complies with all UK legislation (such as, without limitation, the Property Misdescriptions Act 1991, The Housing Act 2004 and The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007) that applies to the marketing of property or land and any other regulatory and compliance standards that may from time to time apply in respect of Your Data, regardless of whether such legislation directly applies to You;
12)    Warrant that You have good title to Your Data and that Your Data; is accurate and complete; is of a professional and inoffensive nature; is to the best of Your knowledge free from known viruses, disabling programs and devices; is not in breach of any obligations of confidentiality or privacy; is not being displayed against the wishes of whom You or Your Client acquired it; does not include details of your commission, fees, specific comparisons with third parties who We perceive to be competitors of You or Your Client, any links or references to any website or any other information that is specifically excluded by these Conditions or that We deem to be inappropriate to Your Membership;
13)    Warrant that when reproduced or published by Us, Your Data will not; breach any contract; fail to comply with any applicable law or regulation; infringe any copyright, trade mark, intellectual property or any other personal or proprietary right of any person, firm or corporate entity; render Us liable to any claim whatsoever; and that You will indemnify Us against any resulting third party claim, legal action or penalty should Your Data not meet these Conditions;
14)    Will use all reasonable endeavours to assist Us in identifying and remedying any unauthorised copying and storage of Your Data;
15)    Will use reasonable endeavours to update Your Data to ensure that it is and remains correct including but not limited to any alterations to prices and availability and the display of any data provided under The Home Information pack Regulations 2007. Where there is a material change or update of Data, You will ensure Your Data is amended accordingly within 1 working day;
16)    Will use, and will procure that Your Client uses reasonable endeavours to respond to emails sent to Your Locations on the day of receipt if that day is a working day and in any event by noon the following working day;
17)    Will use, and will procure that Your Client uses reasonable endeavours to respond to telephone calls from potential customers to Your Locations within 2 working hours of its receipt and failing that, will respond to such call within 8 working hours of its receipt;
18)    Will make all payments due to Us pursuant to Our charging structure, as notified from time to time, promptly in accordance with Section E below;
19)    Acknowledge that We may enter into agreements with third parties whereby Your Data can be accessed on websites not belonging to Us. You may choose not to have Your Data displayed on such websites by sending Us written notice of Your request;
20)    Will seek Our written approval of any advertising materials (except those referred to in Condition B12) that You intend to use in Your business containing data sourced from Us or referencing Your relationship with Us;
21)    Warrant that you will not without our written permission sell on the services and features of Your Membership or provide access to the services and features of Your Membership to third parties.
22)    Will prominently feature the logo of lettingaproperty.com and a hyperlink to the Website on the Agent’s own main website, the position, prominence and nature of such logo and hyperlink to comply with the requirements specified by lettingaproperty.com verbally or in writing;

D.    GENERAL
1)    Your Membership is subject to these Conditions to the exclusion of all other terms and conditions express or implied and any variation to the conditions of your Membership (other than as described in D2) shall have no effect unless expressly agreed in writing and signed by an authorised senior representative of Us.
2)    The current version of our conditions of membership (as posted on Our Website) will apply at all times to Your Membership and will supersede all previously published conditions of membership.
3)    Where You purchase additional products or services from Us, any associated conditions shall form part of your terms and conditions of membership.
4)    You acknowledge that You have not relied upon any statement or representation made by Us when applying for membership of the lettingaproperty.com services unless expressly set out in these Conditions or subject to D1. .
5)    If any provision contained in these Conditions is for any reason held to be invalid or unenforceable in any respect, that invalidity or unenforceability will not affect any other provision of these Conditions and these Conditions will be construed as if that invalid or unenforceable provision had not been contained herein.
6)    No application for membership of Our services placed by You will be deemed to be accepted by Us until We confirm Your membership. We are not obliged to accept any application for membership by You nor give You reasons for declining Your membership.
7)    No forbearance or delay by either party in enforcing its respective rights will prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any Condition will be deemed to be a waiver of any other right or of any later breach.
8)    We may immediately terminate Your Membership on notice to You if You enter into any form of insolvency including without limit liquidation, bankruptcy, receivership, administration or You are unable to pay Your debts as and when they fall due, or anything analogous to the foregoing occurs in any jurisdiction.
9)    We may immediately terminate or suspend Your Membership on notice to You if You breach any term, condition or warranty in these Conditions.
10)    If at any time We have reason to doubt Your ability to comply with any term, condition or warranty in these Conditions, We will give You notice and reserve the right to; refuse Your application for Membership; immediately suspend or terminate Your Membership; audit Your processes and practices and charge You for Our costs and time in doing so;
11)    If Your Locations market high volumes of property when compared with the majority of Our other members, and in accordance with any guidelines that we may set and communicate to You from time to time, we reserve the right to charge You for such additional locations as we deem equivalent to Your volume or to charge You on a per property basis.
12)    Conditions D12-17 set out Our entire financial liability (including any liability for the acts or omissions of Our employees, agents and sub-contractors) to You in respect of any liability of Us arising as a result of or in connection with Your Membership.
13)    All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions.
14)    Nothing in these Conditions excludes or limits Our liability for death or personal injury caused by Our negligence or for Our fraudulent misrepresentation.
15)    Subject to Condition D12, We will not be liable to You for:
16)    Any indirect, consequential, special or punitive loss, damage, costs and expenses;
a.    Loss of profit;
b.    Loss of business;
c.    Loss of reputation;
d.    Depletion of goodwill; or
e.    Loss of, damage to or corruption of data.
17)    Subject to Condition D12, Our total liability to You under or connected with Your Membership shall not exceed a sum equal to 100% + £1 (GBP) of the fees attributable to a 1 month period of Your Membership prior to the claim arising.
18)    A person, firm or corporate entity who is not a party to the agreement for membership between You and lettingaproperty.com has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
19)    We will not be held liable if events outside Our control prevent us fulfilling Our obligations to You.
20)    These Conditions and Your completed membership form when accepted by Us contain the whole agreement between You and Us relating to Your Membership and supersedes all prior agreements, arrangements and understandings between You and Us relating to Your Membership.
21)    We retain the right at any time during the course of Your Membership to vary these Conditions and We will give You 1 month’s prior notice in writing to You of any such variation. You may subsequently terminate Your Membership by giving one month’s notice in writing to Us if the changes to the Terms and Conditions materially and adversely affect You and Your business.
22)    Your Membership will continue for the Term and, subject to these Conditions, shall continue thereafter unless or until terminated by either You or Us giving at least 1 month’s prior written notice to the other. We may waive notice periods at Our discretion.
23)    Upon termination of Your Membership for any reason, You will pay all sums due to Us at the date of such termination. We will not make any refunds in part or full for products or services You have paid for prior to termination.
24)    We reserve the right to employ User Data in Our marketing activities or to make it available to selected third parties subject to the Data Protection Act, the privacy policy on Our Website and Condition B11, 12, 13
25)    These Conditions shall be governed by and construed in accordance with the laws of England and Wales and any disputes arising in respect of Your Membership will be submitted to the exclusive jurisdiction of the English Courts. Judgment may be enforced in any court of competent jurisdiction and You and lettingaproperty.com waive any right to object to the exclusive jurisdiction of the courts of England and Wales.
26)    If You or Your Client are advertising multiple properties similar in price or type, we reserve the right to group them into one advertisement.
27)    We retain the right to edit, suppress, remove or amend any links or similar to third party sites, documents or associated data if, in our opinion, the operation of such links will adversely affect in any way the performance of our website or the user experience of using our website.

E) PAYMENT TERMS
1)    If Your Membership is accepted, for the duration of the Term and thereafter You will pay Our membership charges for the lettingaproperty.com services You select and use. After expiry of the Term, Our charges may be varied from time to time subject to Us providing 1 month’s prior notice to You of the date the change will take effect. Further, without prejudice to any of Our other rights in these Conditions, where Your Data does not comply with Condition C3, You will also pay Us for the equivalent lettingaproperty.com services you are using at Our then prevailing prices.
2)    You can make payments to Us by the method that You select on Your membership form and those payments will be made in accordance with Conditions E2 to 6 (as applicable).
3)    For all our customers, We will raise invoices for the services used in advance.
4)    If you pay us by Standing Order, your bank will forward the funds due on the date set out by the agreement and no more than 14 days after this date.
5)    If You pay Us by Credit Card, We will charge Your nominated credit card in advance of the period to which the payment relates.
6)    If you pay us by Credit Card, We will charge You a Credit Card surcharge fee of 3% of the total invoice value.
7)    If We do not receive payment via standing order and we are unable to charge Your Credit Card, then We may charge interest on the amount You owe at 5% above the prevailing base rate of The Royal Bank of Scotland Group plc. We also reserve the right to immediately, remove Your Data and Your Locations from Our Website and suspend Your Membership. Unpaid invoices will be referred either to our Debt Collection Agency or legal proceedings for recovery may be commenced immediately without notice at our discretion. You will be liable for all our costs in such instances where we, at our sole discretion, deem recovery action(s) necessary.
8)    Should Your Membership cease and subsequently You wish to rejoin, You will be charged at the then prevailing lettingaproperty.com price. We reserve the right to charge You a reconnection fee of £50 for each of Your Locations (as applicable) if You rejoin Us. All prices quoted by Us are exclusive of VAT unless stated otherwise.

Our contact details are as follows:

lettingaproperty.com Ltd

For a quick response, please email: info@lettingaproperty.com

Postal Address:

LettingaProperty.com Ltd
Post Office Box 15860
SOLIHULL
B93 3GF

Telephone:
From within the UK:    0844 567 0578
International:        + 44 (0) 844 567 0578

Fax:
From within the UK:    0844 567 0579
International:        + 44 (0) 844 567 0579

Company registration number: 6679146
VAT registration number: 938 1181 18

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