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Sold Price Branding Terms

Subscription for Additional Services – Sold Price Branding

Before you click on the "accept" button at the end of these terms please carefully read them and ensure that you are familiar with their contents. Clicking the "accept" button indicates your acceptance of these terms in addition to those set out in the Agent Agreement and that you are consenting to be bound by them as part of a binding legal agreement that is supplementary to the Agent Terms. If you do not accept or understand these terms you must not proceed. These terms, and any policies referred to in them, comprise the contract (the "Agreement") between: (1) NETHOUSEPRICES LIMITED ("NHP") whose registered office is 107 Reaver House, 12 East Street, Epsom, Surrey, KT17 1HX: and (2) you ("the Advertiser").

  1. 1. Interpretation

    In this Agreement the following Terms shall have the following meaning:

    1. Agent Agreement: means the terms set out in NHP’s standard terms of use for agency users
    2. Agreement: means this agreement
    3. Default Term: means a period of 12 months
    4. Fees: means the sum of the Initial Fee and all subsequent Renewal Fees
    5. Initial Fee: means the fee payable by the Advertiser in respect of the display of the Advertisements for the Default Term
    6. Renewal Fee: means a fee payable by the Advertiser in respect of the display of the Advertisements for a Renewal Term
    7. Renewal Term: means a period of 12 month
    8. Seeding Information: means initial details of properties recently sold by the Advertiser, describing in reasonable details the locations and specifications of those properties
    9. Sold Price Branding: means in respect of a listing of a sold property on the Website which has been sold by the Advertiser, a copy of the logo submitted by the Advertiser being displayed as part of that listing
    10. Term: means the sum of the Default Term and all subsequent Renewal Terms
    11. Website: means www.Nethouseprices.com
  2. The Services
    1. In consideration of the Fees NHP shall display Sold Price Branding to users of the Website for the Term.
    2. The Advertiser shall submit the logo which it wishes to have displayed in Sold Price Branding, as well as the Seeding Information, at the time that it accepts the terms of this Agreement and pays the Initial Fee, complying with any guidelines as to format and sizing that may be specified by NHP from time to time.
    3. Where the Advertiser wishes to update or amend its submitted logo then it shall send a request in writing to NHP.
    4. The Advertiser recognises that NHP shall exercise its reasonable endeavours to match the sold properties described in the Seeding Information with those listed in its database in order to display Sold Price Branding in respect of those properties. However, NHP does not warrant that it will successfully identify any or all of the properties described in the Seeding Information and notes that its ability to successfully match properties shall be reliant on the Advertiser providing accurate and reasonably detailed information.
    5. The Advertiser recognises that, save for the properties identified in the Seeding Information, Sold Price Branding will only be displayed in respect of properties that it has provided details of to NHP pursuant to its use of the Website pursuant to the Agent Agreement. NHP shall automatically list sold prices with relevant Sold Price Branding on receiving details of a sale from the Land Registry and the Advertiser shall not be required to provide individual notices of sales of sold prices.
    6. NHP shall be entitled to suspend the provision of the services set out in this Agreement at any time and without giving notice or incurring liability if:
      1. the Advertiser fails to pay any aspect of the Fees at the time that it becomes due or is otherwise in breach of its obligations hereunder;
      2. it considers that any part or aspect of the Advertisement provided for display by the Advertiser is unlawful, offensive, incompatible with its systems, or otherwise likely to bring NHP’s business into disrepute;
      3. it is required to suspend the services by law;
      4. this Agreement is terminated for any reason.
    7. Sold Price Branding are displayed without any warranty that they will give any particular impression or result. The Advertiser recognises that individuals may perceive particular sold prices positively or negatively and that NHP shall have no responsibility for any particular view of the Advertiser’s business that an individual or individuals may form as a result of viewing Sold Price Branding.
  3. Payment
    1. The relevant Initial Fee for the display of Sold Price Branding requested by the Advertiser shall be displayed to the Advertiser before the Advertiser is given the option to make and confirm its order. The Renewal Fee shall be displayed to the Advertiser before the Advertiser is given the option to continue displaying Advertisements on the Website beyond the Default Term.
    2. Payment of the Initial Fee shall be made at the point that the Advertiser confirms its order to display Advertisements for the Default Term.
    3. Payment of the Renewal Fee will be taken prior to the commencement of any Renewal Period.
  4. Term and Termination
    1. This Agreement shall come into force for the Default Term and shall thereafter be automatically renewed for a Renewal Term at the conclusion of the Default Term and again at the conclusion of each subsequent Renewal Term; until either party gives the other notice that it wishes this Agreement to terminate this at the conclusion of the then current Default or Renewal term no less than thirty (30) days prior to the conclusion of that period.
    2. Either Party may at any time, by notice in writing, terminate this Agreement forthwith, in accordance with this clause, if: (a) the other Party is the subject of a bankruptcy or becomes insolvent; or such Party goes into liquidation, or if a receiver or administrator is appointed; or such Party is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 as they fall due; or (b) the other Party is in breach of the General Terms and, if such breach is not capable of remedy or, if such breach is capable of remedy the Party committing the breach shall have failed to remedy the breach within thirty (30) days of written notice to the Party committing the breach, specifying the breach and requiring its remedy.
    3. If the Agent Agreement is terminated NHP reserves the right to immediately terminate this Agreement without notice by suspending the provision of services pursuant to its terms.
    4. Termination of this Agreement in accordance with its terms shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either NHP or the Advertiser.
  5. Liability
    1. The parties agree that the limitations on their respective liabilities shall be as set out in the Agent Agreement, in its clause 6 and more generally.
  6. Indemnity
    1. The Advertiser undertakes to indemnify and hold harmless NHP against all claims, demands, actions, losses and damages, costs, charges, fines and expenses (including - but not limited to - reasonable costs and disbursements incurred in relation to any associated legal proceedings) arising from or incurred due to:
      1. any infringement or alleged infringement of any copyright, trademark or any other third party intellectual property rights caused by NHP's display of Sold Price Branding pursuant to the terms of this Agreement;
      2. the Advertiser providing any content which is obscene, blasphemous, or defamatory or otherwise in breach of any applicable law or regulation or causes third parties to have rights against NHP; or
      3. any breach of the Advertiser's obligations under this agreement, save in each case as a result of the negligence or breach of contract by NHP.
  7. General
    1. It is acknowledged and agreed that this Agreement (including the documents and instruments referred to herein) (the "Documents") shall supersede all prior representations arrangements understandings and agreements between the parties relating to the subject matter hereof and shall constitute the entire complete and exclusive agreement and understanding between the parties hereto
    2. The parties irrevocably and unconditionally waive any right they may have to claim damages for any misrepresentation arrangement understanding or agreement not contained in the Documents or for any breach of any representation not contained in the Documents (unless such misrepresentation or representation was made fraudulently);
    3. It is further acknowledged and agreed that no representations arrangements understandings or agreements (whether written or oral) made by or on behalf of any of the other parties have been relied upon other than those expressly set out or referred to in the Documents.
    4. Calls may be recorded to establish facts, for training and quality assurance purposes.
    5. This Agreement may not be assigned, novated, sub-licensed or otherwise transferred by the Advertiser in whole or in part or otherwise made available for the benefit of a third party, without the prior written consent of NHP. NHP may assign, novate, sub-licence or otherwise transfer this Agreement in whole or in part to any third party.
    6. Save for any affiliate of NHP providing the Services hereunder, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act. NHP and the Advertiser may agree to rescind or vary this Agreement without the consent of any of NHP's affiliates. NHP's affiliates shall be entitled to receive the same protection as NHP.
    7. At the time of execution of this Agreement, the Advertiser warrants that this Agreement has been duly authorised, executed and delivered by the Advertiser.
    8. This Agreement is governed by the laws of England, and subject to the exclusive jurisdiction of the Courts of England.

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