0203 747 9830

Terms and Conditions

Introduction
1.1 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 users ("you") to be contacted by estate agents ("Estate Agent(s)") local to the area in which you own property ("Property") giving Estate Agents the opportunity to compete against other Estate Agents for the right to market the Property on your behalf. 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".

1.2 You agree that you shall be bound by these terms and conditions ("Terms") in relation to your use of the Website and the Services. You agree that your use of any service provided by the Estate Agent shall be subject to any general policies, rules, terms or conditions of the Estate Agent ("Estate Agent's Terms").

1.3 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 leave the Website now.

1.4 In the event that you are using the Website and Services on somebody else's behalf, for example, if you are not the registered owner of the Property, then in addition to your obligation to comply with these Terms you shall procure that party's compliance at all times with these Terms. In the event of such a party breaching any of these Terms such a breach shall for the purpose of these Terms be considered a breach by you.

The Process
2.1 In order to use the Services you will be required to complete certain personal information about yourself ("Personal Details") so that we can open an account on your behalf ("User Account"). In addition, you will be required to complete relevant property details ("Property Details") in relation to the Property. It is your responsibility to ensure that these Personal Details and Property Details are correct.

2.2 We will send your anonymised Personal Details and Property Details to Estate Agents who operate in the area the Property is located ("Bid"). For a list of Estate Agents who operate in your area please see the relevant area of the Website. We will use our reasonable endeavours to ensure that your Personal Details and Property Details will be in such a format so that an Estate Agent cannot easily identify either you or the Property but we offer no form of guarantee that this will be the case.

2.3 Estate Agents that we submit the Bid too will be invited to submit a tender ("Quote") in order to market the Property on your behalf. Please note that we cannot guarantee that a particular Estate Agent or indeed any Estate Agent will submit a Quote.

2.4 Once we receive a Quote we will use our reasonable endeavours to notify you that we have received Quote. After quoting the agent will be supplied with a receipt email with your name but no contact details will be supplied to the agent. When creating a User Account, you will receive an email from us notifying you that a Quote has been received and inviting you to access your User Account.

2.5 You can select a number of Quotes to proceed with following which we will transfer such Personal Details as are requested by the Estate Agents along with all previously anonymised Property Details to the selected Estate Agents.

2.6 The Estate Agents should then contact you in order to arrange a full valuation of the Property. We cannot provide you with any guarantee that an Estate Agent will at this stage contact you.

2.7 You should make your own arrangements with the Estate Agents in order to meet with them and agree to the Estate Agent's Terms as well as any other relevant terms that may apply to your contractual relationship with the Estate Agents. For the avoidance of doubt we are not a party to any contract you enter into with the Estate Agents and we make no representation as to the reasonableness or otherwise of the Estate Agent's Terms.

2.7.1 Please note that we are only provided with limited information, at a point in time, in respect of properties listed on our website. Agents’ fees are calculated based on this limited information – as a result we cannot always guarantee agents’ will honour their marketing proposals (in respect of fees or otherwise) where a property differs from the information available. If an agent does not honour their marketing proposal you undertake to notify us as such in order to ensure we can update our system and/or remove the agent from our listings.


2.9 The Estate Agent has agreed to pay us a fee ("Commission") as a percentage of the sale price of the Property which shall be taken out of the total commission the Estate Agent receives upon the sale of the Property. You agree to make the necessary arrangement with the Estate Agent in order to permit payment to us of the commission out of the total commission due to the Estate Agent from the proceeds of sale of the Property.

2.10 You must notify us immediately after exchange of contracts and completion takes place in relation to the sale of the Property.

2.11 From time to time we may offer cashback ("Cashback") upon completion of the sale of the Property. To the extent that we offer any such Cashback, you will only receive the Cashback subject to compliance with the terms on which it is offered, following receipt by us of the Commission and upon receipt by us of a review completed by you of the Estate Agent's service.

Contract formation
3.1 By submitting your Personal Details and Property Details, you make an offer to us to use our Services and enter into a contract with us ("Contract") which shall be subject to these Terms.

3.2 We reserve the right to reject your offer at our sole discretion. Your offer shall not be deemed accepted by us until we have emailed you a confirmatory message confirming your User Account details and the Contract between us and you shall be formed at the date and time we send the confirmatory message to you.

3.3 In consideration for us providing the Services you agree to provide your Personal Details and Property Details and to ensure that such details are correct.

Our responsibilities
4.1 We are not an Estate Agency, and we are not members of the National Association of Estate Agents.

4.1 We are not an Estate Agency, and we are not members of the National Association of Estate Agents.

4.2 Other than as provided within clause 2 we do not have any communication with the Estate Agent and we shall have no responsibility for any act, omission or responsibility by the Estate Agent in any way whatsoever.

4.3 We will use our reasonable endeavours to ensure that where relevant all Property Details and Personal Details are anonymised and we will use our reasonable endeavours to pass such information on to the Estate Agent in accordance with clause 2.

4.4 The information we provide about Estate Agents is compiled by us in good faith and collected from information in the public domain. We provide no warranty as to the accuracy of such information and your use or reliance on such information is entirely at your own risk.

4.5 We do not use and are not a party to the Estate Agent's Terms that you may be asked to agree to before an Estate Agent markets the Property. You should read the Estate Agent's Terms carefully and seek your own independent legal advice if you have any comments or questions in relation to them.

4.6 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.

4.7 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 seek to minimise related risk.

4.8 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.

4.9 We may suspend or terminate, for any reason and without notice, the Services.

Your responsibilities
5.1 You agree to comply with all the terms and conditions of these Terms.

5.2 You must ensure that the Personal Details and Property Details you supply us with are correct, accurate, up to date and not misleading in any way. Furthermore you agree to notify us immediately if there are any changes to your Personal Details or the Property Details by accessing your User Account. A failure on your part to do this may result in your incurring potential future liability to the Estate Agent and may impact on the Services and/or us withdrawing the Services.

5.3 You agree to promptly provide us with all such assistance and information as we may from time to time reasonably request.

5.4 You warrant that you have the right to sell the Property or that the person on whose behalf you are selling the Property has the right to sell the Property.

5.5 You agree to comply with all applicable laws, regulations and these Terms that apply to your use of the Website and the Services.

5.6 You agree to ensure that your use of the Website and the Services does not infringe the rights of any other person or body.

5.7 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:

5.7.1 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;


5.7.2 Distribute, transmit or publish any of the Material (including using it as part of any library, archive or similar service);


5.7.3 Create a database in electronic or structured manual form by downloading and storing all or any of the Material for any purpose whatsoever.


5.8 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:

5.8.1 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as privacy and publicity) of others;


5.8.2 Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful or objectionable material of information;


5.8.3 Do anything which is in any way unlawful;


5.8.4 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;


5.8.5 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;


5.8.6 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;


5.8.7 Falsify the origin or source of software or other material contained in a file that is uploaded;


5.8.8 Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters;


5.8.9 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;


5.8.10 Damage, interfere with or disrupt access to the Website or the Services or do anything which may interrupt or impair the Website's functionality.


Intellectual property
6.1 All Material belongs to us or our licensors. In consideration of you complying with these Terms, we grant you a non-commercial, non-exclusive, non-transferrable, royalty free licence to:

6.1.1 Retrieve, display and view the Material on your computer, tablet, mobile or similar device;


6.1.2 Print a single copy of individual pages of the Material and store such pages on your personal hard drive;


6.1.3 All for your personal, lawful and non-commercial use alone.


Charge and cancellation
7.1 We may terminate the Contract formed with you at any time and for any reason.

7.2 You may terminate the Contract with us if we have committed a material breach of these Terms 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.

7.3 For the avoidance of doubt where we have supplied a Quote to you and the Contract is then terminated in accordance with these Terms, the Commission due to us from the Estate Agent will remain payable to us by the Estate Agent and your obligations to assist in relation to the payment of the Commission will continue.

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 feedback@netanagent.com.

Our liability to you
8.1 Nothing in these Terms shall limit or exclude our liability to you for death or personal injury where this is caused by our negligence.

8.2 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.

8.3 To the extent that we are liable to you our liability shall be limited to the Commission due to us from the Estate Agent in relation to the Property and as specified in the Memorandum.

8.4 For the avoidance of doubt, we make no warranty to and are not in any way responsible for goods or services that are supplied by third parties through or otherwise in relation to the Website or the Services. For example, we are not responsible for and shall not be liable to you, or to any third party, in relation to any act or omission of the Estate Agent. Any such matters must be taken up with the Estate Agent who are responsible directly to you for such matters.

8.5 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
9.1 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 or from any breach by you of these Terms or from any use of the Website or Services by anyone using your User Account.

How we use your personal details and property details
10.1 In order to provide the Services it is necessary for us to transfer some or all of your Personal Details and Property Details to Estate Agents. You hereby consent to the transfer by us of your Personal Details and Property Details from time to time and as deemed appropriate by us and to the use of such details in accordance with our privacy policy.

Other important terms
11.1 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.

11.2 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.

11.3 We may serve notice upon you by any of the following means:

11.3.1 Email; or


11.3.2 A general notice on the Website.


11.4 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.

11.5 This 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.

11.6 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.

11.7 These Terms constitute the entire agreement between us in relation to your use of the Website and the Services.

11.8 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.

11.9 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.

11.10 If you have any comments or questions relating to these Terms please contact us via email at info@netanagent.com.

11.11 Our website, www.netanagent.com, (our "Site") contains information and materials relating to estate and letting agents as well as property information (the "Materials"). Whilst we endeavour to ensure that all Materials on our Site are accurate and complete, we cannot guarantee and make no warranty in relation to such accuracy and completeness. Such Materials are provided on an "as is" basis and are for indicative purposes, and intended as guidance, only. We therefore disclaim all liability and responsibility arising from any reliance placed on such Materials.

11.12 We reserve the right, at any time, and without notice to you, to make alterations to any Material on our Site.

11.13 We are the owners or the licensees of all intellectual property rights (including without limitation copyright, trade marks and design rights (whether registered or unregistered) database rights and rights in confidential information and know-how) in our Site and in all Materials published on our Site. You are only permitted to use the Materials as expressly authorised under these Terms.

Referral terms
12.1 Receive £25 M&S voucher (or equivalent depending on availability) for each referral that lists a then sells a property on netanagent.com using your personal promotional code. Subject to the netanagent terms and those below:

12.2 The voucher will be sent within 4 weeks of netanagent.com receiving our commission from the estate agent. If no commission is paid for any reason the voucher will not be issued.

12.3 It is the referrer's responsibility to ensure that netanagent.com has your correct and up to date contact details to send the voucher.

12.4 You can share the referral code via Twitter feeds, emails and Facebook and other personal channels but not via Search Engine Marketing, Adwords etc.

12.5 Netanagent.com reserves the right to terminate your referral account at any time and for any reason.

Review terms
13.1 We publish reviews relating to estate agents and letting agents services on our website.

13.2 Reviewers are or may be independent from us; accordingly, reviews published on our website do not necessarily reflect our views and opinions.

13.3 You acknowledge that reviews published on our website may be out of date, biased, partial, misleading and/or inaccurate.

13.4 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.

13.5 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.

13.5 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
14.1 We publish reviews by users on our website.

14.2 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.

14.3 Your reviews must be honest, reasonable and bona fide reviews of an agent you have used to market your property.

14.4 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.

14.5 You must not post a review if:

14.5.1 you have a financial interest in the subject matter of the review;


14.5.2 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


14.5.3 you are otherwise connected with, or related to, any person who has a financial interest in the subject matter of the review.


14.6 For the avoidance of doubt, your reviews constitute "your content" for the purposes of Section 15 and Section 16.

14.7 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.

14.8 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.

14.9 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
15.1 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.

15.2 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.

15.3 You grant to us the right to sub-license the rights licensed under Section 16.2.

15.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 15.2.

15.5 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.

15.6 You may edit your content to the extent permitted by emailing support@netanagent.com.

15.7 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
16.1 You warrant and represent that your content will comply with these terms and conditions.

16.2 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).

16.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

16.3.1 be libellous or maliciously false;


16.3.2 be obscene or indecent;


16.3.3 infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;


16.3.4 infringe any right of confidence, right of privacy or right under data protection legislation;


16.3.5 constitute negligent advice or contain any negligent statement;


16.3.6 constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];


16.3.7 be in contempt of any court, or in breach of any court order;


16.3.8 be in breach of racial or religious hatred or discrimination legislation;


16.3.9 be blasphemous;


16.3.10 be in breach of official secrets legislation;


16.3.11 be in breach of any contractual obligation owed to any person;


16.3.12 depict violence in an explicit, graphic or gratuitous manner;


16.3.13 be untrue, false, inaccurate or misleading;


16.3.14 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;


16.3.16 be lewd, suggestive or sexually explicit;


16.3.17 constitute spam;


16.3.18 cause annoyance, inconvenience or needless anxiety to any person.


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