Terms and Conditions
NET AN AGENT LIMITED (company number: 07782918) whose registered office is at The Workshop, 32-40 Tontine Street, Folkestone, Kent CT20 1JU ("us" "we" "our") operates www.netanagent.com ("Website") which enables our vendors ("Vendor") of property ("Property") to be contacted by Estate Agents ("you") operating in the area in which the Property is situated giving you the opportunity to compete against other Estate Agents for the right to market the Property. The operation of the Website by us to provide the functionality as set out in these Terms (defined below) shall for the purpose of these Terms be referred to as the "Services".
You agree that you shall be bound by these terms and conditions ("Terms") in relation to your use of the Website and the Services.
Please read these Terms carefully as they contain important information about your rights and responsibilities when using the Website and Services. If you do not agree to or accept any of these Terms then you should cease using the Website immediately and you shall not be entitled to receive our Services.
In order to use the Services you will be required to provide us with certain details and/or to validate the details we already hold about you so that we can open an account on your behalf ("Agent Account").
From time to time we may send you anonymised details concerning the Vendor and their Property ("Lead") via your Agent Account. You will also receive notification via email that a Lead has been submitted.
By creating an Agent Account with us, you agree to be bound by these Terms. Each time a Lead is sent to you a new contract is formed between you and us, which shall be subject to these Terms ("Contract").
Following receipt of the Lead you must not attempt to make contact with the Vendor in any way other than as authorised by these Terms.
2.4.1 If you wish to market the Property following receipt of the Lead, you shall submit, via your Agent Account, a quote setting out the terms on which you are willing to market the Property ("Quote").
If you wish to market the Property following receipt of the Lead, you shall submit, via your Agent Account, a quote setting out the terms on which you are willing to market the Property ("Quote").
We will use our reasonable endeavours to forward any Quote received from you to the Vendor.
If a Vendor selects your Quote and wishes to proceed with you we will send you further information relating to the Vendor and the Property.
If a Vendor does not select your Quote, we will use our reasonable endeavours to notify you of this.
If you are selected by the Vendor you should contact the Vendor and make your own arrangements with the Vendor to agree the terms of your engagement with the Vendor. We will have no involvement with such arrangements. You agree that any service you provide to the Vendor shall be subject to your general policies, rules, terms and conditions.
If the Vendor contacts you directly to confirm that they want to use your services, you must notify us within fourteen days of having been contacted by the Vendor, failure to notify us may (without prejudice to any other rights we may have) result in the termination of your Agent Account with us.
If you are instructed by the Vendor to market their Property you will be forwarded instructions setting out details of our Commission (defined in clause 5) and our bank account details ("Instructions").
We will prepare the Instructions and send these to you. Alternatively a copy of the Instructions will be available for download on your Agent Account.
Inline with the instruction, you must notify us by via your Agent Account immediately after exchange of contracts and after completion takes place in relation to the sale of the Property, this can be done by selecting the tick-box on the "property" list page of your Agent Account.
Other than as provided in clause 2 we shall have no responsibility for any act or omission of the Vendor in any way whatsoever.
If we forward your Quote onto the Vendor in accordance with clause 2.6, we will not provide any assistance in relation to the sale of the Property.
Whilst we will use our reasonable endeavours to ensure that the Website and Services are always available and the information we provide is accurate and complete we make no warranty in relation to such availability, accuracy or completeness. Your use or reliance on such information is entirely at your own risk.
We make no warranty that the Services or the equipment that makes the Services available shall be free from any viruses or anything else which may cause harm to your (or anyone else’s) computing equipment. However, we will make use of commercially available virus checking software in order to try and minimise related risk.
The Services and the Website are provided on an "as is" basis. Other than as stated in these Terms we make no (and expressly exclude all) conditions, representation or warranties, express or implied, whether by statute, common law or otherwise, to the greatest extent permitted by law.
We may suspend or terminate the Services for any reason and without notice.
You agree to comply with all the terms and conditions of these Terms.
You agree that all information you submit when creating your Agent Account, including but not limited to any memberships to professional bodies, is accurate, complete and not misleading, and that you shall immediately inform us of any changes or inaccuracies to such information.
Following receipt of a Lead you agree not to provide any services in relation to the relevant Property other than in strict compliance with these Terms.
If, following receipt of a Lead, you wish to raise a claim that a Vendor had instructed you and/or your agency had attended the property in question to carry out a valuation within a period of 60 days before receipt of a Lead, you must do so within fourteen (14) days of the initial Lead notification date. Claims raised after this time will not be considered. You agree to provide documentary evidence to our reasonable satisfaction within seven days (7 days) of a claim being raised. If you are unable to do so these Terms shall apply to your activities in relation to the Property and Commission shall be payable in respect of the sale of that Property in accordance with these Terms.
You undertake that all information relating to the Quote and the Memorandum and any other information you provide to us or the Vendor is accurate, complete and not misleading and that you shall immediately inform us of any changes or inaccuracies to such information.
You agree to promptly provide us with all such assistance and information as we may reasonably request from time to time.
You shall keep us informed of any feedback you receive from the Vendor in relation to the Services or your own service whether positive or negative and inform us immediately of any complaints received.
You must not do anything or omit to do anything which may damage our reputation.
Any information we provide to you shall only be used by you as is strictly necessary to enable you to provide your services to the Vendor as are relevant to the Website and the Lead and you shall at all times comply with the all applicable laws, rules and regulations, including but not limited to the Data Protection Act 1998, in relation to your processing and storage of such data.
You agree to ensure that your use of the Website and the Services does not infringe the rights of any other person or body.
You agree that you shall not do any of the following without our prior written consent, either solely or jointly with or on behalf of any third party directly or indirectly:
reproduce or copy information and material on the Website and any other material sent to you by us ("Material") or create derivative works from it or modify or in any way commercially exploit any of the Material;
distribute, transmit or publish any of the Material (including using it as part of any library, archive or similar service); or
create a database in electronic or structured manual form by downloading and storing all or any of the Material for any purpose whatsoever.
You agree that in relation to the Website and Services you will not either solely or jointly with or on behalf of any third party directly or indirectly:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as privacy and publicity) of others;
publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful or objectionable material of information;
do anything which is in any way unlawful;
upload files that contain software or other material protected by intellectual property rights (or by rights of privacy) unless you own or control such rights or have received all necessary consents;
make available, distribute or upload any files that contain viruses, bugs, corrupted files, Trojan horses, worms or any other software or programs that may in any way cause damage or harm;
delete any other attributions, legal notices (including but not limited to copyright and trademark notices) or proprietary designations or labels in any file that is uploaded;
falsify the origin or source of software or other material contained in a file that is uploaded;
advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters;
impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or email address or try to mislead others as to the identity or origin of any communications; or
damage, interfere with or disrupt access to the Website or the Services or do anything which may interrupt or impair the Website’s functionality.
If you are instructed on a property we may send you promotional material. Within the pack is a name board which must be attached to your agent board post at the relevant property in accordance with the instructions in the pack.
Our commission payable by you to us in relation to the sale of the Property shall be set out in the Instructions, and in any event shall be calculated as follows: 0.1% of the gross sale price of the Property set at a minimum of £150 and a maximum of £450 (our "Commission").
Our Commission shall be paid via one of the payment methods as set out in the Instructions. Otherwise, our bank account details shall be provided on the Website or otherwise.
All Commission shall be exclusive of VAT which shall be payable in addition to the Commission.
If you fail to pay the Commission to us in accordance with these Terms, we may charge you interest at the rate of 4% above Barclays Bank base lending rate in force from time to time. Such interest shall accrue on a daily basis from the date the Commission became due.
For the avoidance of doubt, if a Contract is terminated, Commission shall still be due and payable to us if you market the respective Property within 24 months of the date on which we sent you the Lead.
Premium Listing subscriptions are subject to a minimum term of six calendar months. Billing recurs monthly, in advance. This agreement may be terminated by the agent, once the minimum term has expired, by giving notice of no less than fourteen days prior to the monthly renewal date. In the event that payment is not received on the due date and the situation is not remedied within seven working days, or if this agreement is cancelled by the agent prior to the end of the minimum term, the full balance of the remaining contract term will become due immediately. The agreement can be terminated at any time by NetAnAgent - in this instance, no further monies will be due and a prorated refund will be issued to the agent for the remainder of the month.
We, and / or our licensors, own the copyright and all other intellectual property rights (including but not limited to copyright, database rights, design rights (registered and unregistered) and trade marks) in the Material, the Website and the Services in general and your only right to use such rights is as set out in these Terms, any other use by you is prohibited.
To the extent that we use any content or other material provided by you or which otherwise relates to you, you grant us the right to use such content or material as is required in relation to the provision of the Services.
We may terminate the Contract immediately on notice to you at any time and for any reason.
You may terminate the Contract with us if we have committed a material breach of the Terms governing the Contract and fail to rectify such breach within thirty days of notice from you and provided that in such notice you clearly indicate your intention to terminate the Contract with us if we fail to rectify the breach.
If, following termination of the Contract for any reason, you choose to create another Agent Account at a later date, we reserve the right to charge you an administration fee, to be calculated at our sole discretion.
7.4 If you decide to terminate these Terms, we would welcome any feedback from you regarding the Services provided to date and we would request you supply any such feedback by emailing us at firstname.lastname@example.org.
Termination of the Contract, however arising, shall not affect or prejudice the accrued rights of the parties as at termination or the continuation of any provision expressly or by implication intended to survive termination.
Our liability to you
Nothing in these Terms shall limit or exclude our liability to you for death or personal injury where this is caused by our negligence.
We shall not be liable to you for any loss of profits, loss of time, loss of opportunity, loss of data, damage to reputation, loss of use of money, any consequential or indirect loss, or for any loss which is not reasonably foreseeable to us as a consequence of our breach of these Terms. This exclusion of liability shall apply to all such losses whether they are direct, indirect or consequential losses.
To the extent that we are liable to you our liability shall be limited to the Commission as specified in the relevant Memorandum, or where this is not so specified, the Commission that would have been payable under these Terms had the relevant Property been sold and when such liability does not relate to a specific Property our liability shall otherwise be limited to £500.
For the avoidance of doubt, we make no warranty to and are not in any way responsible for acts or omissions of the Vendor.
All warranties expressed or implied whether by statute, common law or otherwise are excluded to the fullest extent permitted by law.
Your liability to us
You agree to indemnify us (cover all our losses) against all and any expenses, losses, liabilities, damages, costs incurred or suffered by us in relation to any claims or proceedings, which arise in any way from:
your use of the Website and Services;
any breach by you of these Terms;
any use of the Website or Services by anyone using your Agent Account; or
any claim made by the Vendor concerning the services provided by you to them.
We shall not be in breach of our responsibilities under these Terms nor liable for any delay in performing, or failure to perform, any of our responsibilities under these Terms if such delay or failure results from events, circumstances or causes beyond our reasonable control.
We shall be entitled to change these Terms at any time in our sole discretion by providing an updated copy of these Terms on the Website. For the avoidance of doubt, any update to these Terms shall apply to the Contract with immediate effect upon the date they are uploaded to the Website.
We may serve notice upon you by any of the following means:
By email; or
Via a general notice on the Website.
We may transfer our rights and responsibilities under these Terms to a third party. You are not entitled to assign or transfer your rights or responsibilities under these Terms to a third party unless we consent in writing.
The Contract is between you and us. No other person shall have any rights to enforce any of its terms and for the avoidance of doubt, the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
The Contract is between you and us. No other person shall have any rights to enforce any of its terms and for the avoidance of doubt, the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of the terms are unlawful, the remaining terms will remain in full force and effect.
These Terms constitute the entire agreement between us in relation to your use of the Website and the Services.
If we fail to insist you perform any of your responsibilities under these Terms, of if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with these Terms.
These Terms shall be governed by English Law and English courts will have exclusive jurisdiction in relation to any dispute arising out of these Terms.
If you have any comments or questions relating to these Terms please contact us via email at email@example.com.
We publish reviews relating to estate agents and letting agents services on our website.
Reviewers are or may be independent from us; accordingly, reviews published on our website do not necessarily reflect our views and opinions.
You acknowledge that reviews published on our website may be out of date, biased, partial, misleading and/or inaccurate.
You should not rely upon reviews published on our website to make decisions or determine courses of action, and you should conduct your own research before making a decision or embarking upon a course of action.
Subject to Section 8, we will not be liable to you for any loss or damage arising from any reliance you may place on any review published on the website.
You agree to the publication of reviews relating to you and your business, by others, on our website; you acknowledge that such reviews may be critical or defamatory or otherwise unlawful; and, subject to Section 15.1, you agree that you will not hold us liable in respect of any such reviews, irrespective of whether we are aware or ought to have been aware of such reviews.
User reviews terms
We publish reviews by users on our website.
If you have registered with our website or been invited, you may submit reviews for publication on the website, subject to these terms and conditions.
Your reviews must be honest, reasonable and bona fide reviews of an agent you have used to market your property.
You may only post a review if you have listed on Net An Agent and instructed an agent or been put forward by an agent as a confirmed client.
You must not post a review if:
you have a financial interest in the subject matter of the review;
you are an owner, partner, member, employee, business partner or affiliate of any person who has a financial interest in the subject matter of the review; and/or
you are otherwise connected with, or related to, any person who has a financial interest in the subject matter of the review.
For the avoidance of doubt, your reviews constitute "your content" for the purposes of Section 13 and Section 14.
You acknowledge that we may publish and otherwise use, in conjunction with your reviews, the name you provide to us and your user ID, but we shall have no obligation to do so.
You hereby waive all your moral rights in your reviews to the maximum extent permitted by applicable law and warrant that all other moral rights in your reviews have been waived to the maximum extent permitted by applicable law.
You acknowledge that the user reviews published on our website are submitted by users, and that we do not usually review, approve or edit such reviews; accordingly, we do not warrant the completeness or accuracy of the user reviews.
Your content: licence
In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and publish your content on and in relation to this website and any successor website.
You grant to us the right to sub-license the rights licensed under Section 14
You grant to us the right to bring an action for infringement of the rights licensed under Section 14
You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
You may edit your content to the extent permitted by emailing firstname.lastname@example.org.
Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
Your content: rules
You warrant and represent that your content will comply with these terms and conditions.
Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
Your content, and the use of your content by us in accordance with these terms and conditions, must not:
be libellous or maliciously false;
be obscene or indecent;
infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
infringe any right of confidence, right of privacy or right under data protection legislation;
constitute negligent advice or contain any negligent statement;
constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];
be in contempt of any court, or in breach of any court order;
be in breach of racial or religious hatred or discrimination legislation;
be in breach of official secrets legislation;
be in breach of any contractual obligation owed to any person;
depict violence in an explicit, graphic or gratuitous manner;
be untrue, false, inaccurate or misleading;
consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
be lewd, suggestive or sexually explicit;
cause annoyance, inconvenience or needless anxiety to any person.