Advertising - Terms & Conditions
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 refers to the owners of DominicanRealEstate.net.
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.dominicanrealestate.net.
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.
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 DominicanRealEstate.net services You select and use
for those Locations nominated on Your membership
application form(s).
14. Our Users means visitors 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 12 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, or remove Your Data if we believe it is inaccurate,
inappropriate or contravenes these Conditions or any applicable law
or other regulation;
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 around the world;
11. Warrant that no third party will be granted access
to:
11.1. 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;
11.2. User Data where it can be directly associated with
You or Your Locations;
12. 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;
13. 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.
3. Warrant that Your Data will only include information on property or land appropriate
to Your Membership;
3.1. 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
3.2. where You or Your Client have developed or are developing such property
or land at one of Your Locations;
4. 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;
5. 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;
6. Will comply and You will procure that Your Client complies with all 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
your country of operation.
7. 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;
8. 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.
9. Will ensure that Your Data complies with all legislation in the country
of your operation 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;
10. 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;
11. Warrant that when reproduced or published by Us, Your Data will not; breach
any contract; 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 should Your Data not meet these Conditions;
12. Will use all reasonable endeavours to assist Us in identifying and remedying
any unauthorised copying and storage of Your Data;
13. 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.
Where there is a material change, You will ensure Your Data is amended accordingly
within 1 working day;
14. 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;
15. 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;
16. 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;
17. 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;
18. 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;
19. You 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.
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 DominicanRealEstate.net
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 D12-16 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:
15.1. any indirect, consequential, special or punitive
loss, damage, costs and expenses;
15.2. loss of profit;
15.3. loss of business;
15.4. loss of reputation;
15.5. depletion of goodwill; or
15.6. loss of, damage to or corruption of data.
16. Subject to Condition D12, Our total liability to You
under or connected with Your Membership shall not exceed a sum equal
to 125% of the fees attributable to the 3 month period of Your Membership
prior to the
claim arising.
17. A person, firm or corporate entity who is not a party
to the agreement for membership between You and DominicanRealEstate.net
has no right to enforce any of these Conditions but this does not affect
any right or remedy of a third party which exists or is available.
18. We will not be held liable if events outside Our control
prevent us fulfilling Our obligations to You.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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
B11.2.
24. 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 DominicanRealEstate.net waive any right to
object to the exclusive jurisdiction of the courts of England and Wales.
25. If You or Your Client are advertising multiple properties similar
in price or type, we reserve the right to group
them into one advertisement.
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
DominicanRealEstate.net 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
DominicanRealEstate.net 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. If You or Your Client are a Developer, We will raise
invoices monthly in arrears for the number of developments that You
have displayed on Our Website during the previous month. For all other
customers, We will raise invoices in advance.
4. If you pay us by Direct Debit, We will collect the payment
from Your nominated bank account not less than 14 days from the issue
of the invoice in accordance with the Direct Debit Scheme. 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 We invoice You, We must receive payment within 14
days of the date of the invoice.
7. If We are unable to collect a Direct Debit, or charge
to Your Credit Card, or You have not paid the invoice within the credit
terms, then We may charge interest on the amount You owe at 3% above
the prevailing base rate of Barclays Bank 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 to our Debt Collection Agency.
8. Should Your Membership cease and subsequently You wish
to rejoin, You will be charged at the then prevailing DominicanRealEstate.net
price..
All prices quoted by Us are exclusive of VAT unless stated
otherwise.
All listings must contain honest and accurate information. All listings
should include at least one good quality photo, preferably more.
No listings may contain contact information
such as telephone numbers, email addresses or website addresses.
No listings may contain company or personal names, or links
to other websites.
We reserve the right to remove any listings at our discretion
and/or to cancel any advertiser's account for any reason
to maintain the integrity of our websites.
All advertisers may only upload listings onto our websites for
properties they currently have listed.We reserve the right to request
a copy of a listing agreement in the case of dispute or
to remove the relevant listing from our websites.
We reserve the right to change our terms of advertising or prices at
any time.
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