SMART PROPERTY SALES LIMITED

TERMS AND CONDITIONS OF ACCEPTANCE

CONTRACT

These terms and conditions represent a legally binding agreement which shall govern any contract between Smart Property Sales Limited [also referred to as "us", "our" and "we"], registered office; Smart Property Sales Ltd, The Meridian, 4 Copthall House, Station Square, Coventry, West Midlands, CV1 2FL, United Kingdom and The Advertiser [also referred to as "customer", "you" and "your"] being anyone who uses the services of www.SMARTPROPERTYSALES.COM for advertising purposes. By proceeding to advertise with Smart Property Sales Limited, and making your payment, you are unconditionally agreeing to these terms and conditions. By submitting your property details to us for publication, the Advertiser is confirming to Smart Property Sales Limited that they are the legal owner of the property and have in their ownership all valid and up to date documents and information needed to market the property including Deeds and a Home Information Pack if legally required.

PRICING

The prices shown on the website operated by Smart Property Sales Limited are what you pay. We reserve the right to amend or change our pricing or package service content at any time without notice. Our price structure is intended for homeowners selling or letting at low volumes. We are pleased to discuss discounted rates for developers or companies marketing numerous properties. Please contact Smart Property Sales Limited for further details.

COPYRIGHT

Note that you cannot use photographs from estate agent's particulars without their express permission. It is the customer's responsibility to ensure you have copyright over any materials supplied to us for publication on their behalf and you agree to indemnify Smart Property Sales Limited in respect of any claims against us or expenses incurred by us in respect of breach of copyright issues. Photographs, images, property descriptions and all other content published on this website become copyright of Smart Property Sales Limited, and may not be copied from this site and reproduced in any other advertisement or marketing literature, without our written consent. This does not prevent a customer from using their own materials elsewhere providing that such details are not back-sourced from our website.

ADVERTISEMENT

The Advertiser accepts full liability and responsibility to provide true, accurate, and relevant Information for their advertisement, which must not be misleading. If the advertisement is found to be in breach of the Property Misdescriptions Act 1991, or similar Act, the customer accepts full liability. Smart Property Sales Limited accepts no responsibility and excludes all liability for checking or amending the advertising content. The Advertiser must thoroughly check that their advertisement is correct, accurate, complete, and does not contain any spelling errors, mistakes, or omissions in respect of advertising content. In circumstances where a third party claims an infringement of their intellectual property rights and seeks redress against Smart Property Sales Limited as a consequence of the Advertiser submitting the offending material, Smart Property Sales Limited shall exercise its right to remove such material without notice and without liability to the Advertiser, and the Advertiser shall indemnify Smart Property Sales Limited or its Associates for all cost and expenses incurred by the same as a consequence of the third party's actions. Smart Property Sales Limited may remove material at anytime if it considers there is a risk of infringement or a potential for misunderstanding, and Smart Property Sales Limited shall not be liable to the Advertiser for the removal of such material from the Smart Property Sales Limited website or its Associate websites. The Advertiser will set their own selling or rental price. The Advertiser may only feature one property in each advert with Smart Property Sales Limited and will be charged for any additional properties entered under a single advertisement.

PAYMENT

The Advertiser must make their payment for the full agreed amount of the advertisement via Smart Property Sales Limited secure payment facility before any part of the service begins or the advertisement goes live. The Advertiser may themselves alter or delete any part of their advertisement at any time. Smart Property Sales Limited endeavor to advertise the Advertiser's material for the agreed period but reserve all rights to stop, or remove the advertisement at their discretion without giving prior notice to, or receiving consent from the Advertiser, where the advertising content breaches our, or one of our associates terms and conditions. The advertisement must not breach any law, regulation, or code of practice, nor may it contain items of a defamatory, insightful, obscene, or blasphemous nature, nor may it infringe on any trademark, copyright, or intellectual property of a third party.

DELIVERY POLICY OF FOR SALE AND TO LET BOARDS

Smart Property Sales Limited liability and responsibility for the delivery and use of For Sale and To Let boards ends the instant Smart Property Sales Limited passes these items to the courier who will deliver them to the Advertiser. The Advertiser must assemble their own For Sale or To Let board in conjunction with their local authority's planning regulations. We remind you that planning regulations may not allow more than one board per property. Our signs are customised with your own contact details, and no returns or refund can be given unless the sign proves to be faulty, in which case a replacement will be offered free of charge.

ENQUIRIES AND NEGOTIATIONS

The Advertiser is responsible, and hereby agrees, to promptly reply to all buyer enquiries, and promptly and professionally arrange and conduct all viewings. The Advertiser must negotiate the sale or rental price with the buyer or tenant and must be fully aware that Smart Property Sales Limited is not involved in the negotiation process and accepts no responsibility for doing this. The Site does not intend to constitute any form of legal contract or agreement between vendor and purchaser, nor does it form any part thereof. You should seek legal advice and services in this regard.

ASSIGNMENT

Smart Property Sales Limited may assign and/or subcontract its service or the Contract or any part of it to any person, firm, or company. The Advertiser shall not be entitled to assign and/or subcontract the Contract or any part of it without the prior written consent of Smart Property Sales Limited.

SECURITY

Subject to this agreement, we will provide a secure personal account through which you will have access to input, view, and update your personal data held on our site and you acknowledge and agree that Smart Property Sales Limited control access to the Site. Smart Property Sales Limited reserves the right to cancel or withdraw the on-line hosting account access or other parts of the service, and retains any fee paid, if it becomes aware that you have not paid any outstanding fee payable to Smart Property Sales Limited or you have failed to comply in any material respects with our terms and conditions. Whilst we cannot guarantee uninterrupted or timely availability, we aim to operate the site continuously, and intend to give 24-hour access. Unfortunately, we cannot fully control downtime due to maintenance and upgrades nor can we predict or control delay due to network traffic. The information you commit to your account may be visible to the internet public. Whilst we do not pass information to other parties or organisations, we do utilise other property advertisers and search engines to maximise your potential exposure. The website is hosted in a secure and protected environment with excellent security, fire and backup measures in place. Because of the potential risks that are associated with the internet, we cannot completely guarantee the protection of all your data. Smart Property Sales Limited is committed to providing a top quality website service therefore we reserve the right to change the functionality and layout of the site without notice.

GUARANTEE

Smart Property Sales Limited does not offer any guarantee as to the successful performance of any Advertisers' advertising campaign. If the Advertiser has previously signed a sole rights agreement with an Estate Agent, it is the Advertiser's responsibility to seek independent advice with regard to the terms and conditions they have previously agreed to with such party. Smart Property Sales Limited accepts no liability in the event of an Estate Agent enforcing any such contractual obligations. No refund is payable by Smart Property Sales Limited to an Advertiser if such Advertiser recalls any advert as a consequence of the Advertiser's breach of such third party agreement.

LIMIT OF LIABILITY AND REFUNDS POLICY

If you wish to cancel your payment for any reason, Smart Property Sales Limited offer a full refund of the advertising fee paid providing that we are informed by e-mail within 24 hours of the online payment order. After this time, our standard refunds policy applies [see below]. If you do not wish to proceed with an unpaid listing placed on our site, you are free to cancel and you will owe us nothing There is no time limit on the period we advertise your property therefore, we do ask that you tell us when contracts are exchanged or where you wish to stop receiving responses to your advertisement from interested buyers. This enables us to keep our site up to date and avoids wasting buyers' time. For various legal reasons we are obliged to restrict our financial liability. The price we charge relates essentially to the set up cost of each paid property advertisement and the initial administration involved. Therefore, once a customer's property details have been published on this site for a period of seven days, our service is deemed to have been fully delivered. After the 7 day 'paid-up' period, advertising and support is continued for a further indefinite period [until sold or withdrawn] FREE OF CHARGE. The maximum liability for any loss arising due to our negligence will be limited to a sum equal to the value of the advertising fee received. This does not affect your statutory rights.

GENERAL EXCLUSIONS

Smart Property Sales Limited shall not be liable to the Advertiser for any economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever which arise out of or in connection with the contract. This is a self-sell advertising package so in fact we don't sell your property, you do, using our advertising network. We provide the tools to maximise your exposure on the UK Internet and the facilities for you to manage and update your advertising online in response to interest generated. Ultimately, it is up to you, the advertiser, to make it work. We can attract buyers to view your details, but the response you get depends on your property, the price you set, buyer demand in your area and the quality of content you provide for your advertised listing.

FORCE MAJEURE

Smart Property Sales Limited reserves the right to defer the date of delivery or to cancel the Contract [without liability to the Advertiser] if it is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control provided that, if the event in question continues for a continuous period in excess of 30 days, the Advertiser shall be entitled to give notice in writing to Smart Property Sales Limited to terminate the Contract.

COMPLAINTS

We take complaints very seriously. Please do let us know if you have any cause for complaint and we will do our utmost to resolve the matter quickly and amicably. Please email us at admin@smartpropertysales.com. If you experience any problem using our service, or we make an error in publication, let us know straight away and we will do everything in our power to correct things. We are justifiably proud of the quality of our service, customer care, and support, but sometimes things can go wrong, so please contact us if you have a complaint about any aspect of our service to you. Please quote your address, including postcode, in all communications. We aim to respond to all enquiries within one working day

JURISDICTION

This agreement is governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.