Advertising Services Policy

1. Background

- These terms and conditions together with our website terms and conditions set out the agreement between You and Us for Our services in advertising Your property on our Site and external sites (Advertising Services).

- Separate terms and conditions govern the use of our Guaranteed Rent Service and Fully Managed Service.

2. Your use of Advertising services

As a landlord using our Advertising Services You are responsible for:

- Only marketing your property when it is available;
- Providing Us with up-to-date contact details at all times;
- All dealings between You and any tenant or prospective tenant and any guarantor or prospective guarantor including monitoring your response to leads;
- Providing Us with correct information when You are using any Advertising Services including for the avoidance of doubt correct full details of any tenants for credit check and reference purposes;
- Ensuring that at all times when using our Site and/or our Advertising Services you comply with our policies;
- Keeping your log-in details personal and not giving them to any third party.

3. Information you upload to the site

You are solely responsible for:

- The veracity of the information, text, graphics and images  you upload to the Site (Information);
- Ensuring that any such Information complies with our website terms and conditions; and
- Withdrawing a property from the Site once it has been let.

By uploading Information to the Site you agree and warrant that:

- You have the necessary ownership and authority to market the property in question and that the property is available to let;
- The Information is accurate, relevant, is of an inoffensive nature, free from viruses, and is not in breach of any confidentiality or privacy obligations;
- The Information or its reproduction or publication will not breach any contract, infringe any copyright or trademark, intellectual property or any other personal or proprietary right of any person, firm or corporate identity or render Us liable to any third party claim, and You shall indemnify Us against any such third party claim;
- Where You provide images, such images are only images of the property or land advertised and the location of the property and shall not contain any images of individuals;
- All Information provided by You to Us is in accordance with any specification and/or format that We specify and in such a way as not to interfere with or have a detrimental effect on the operation and/or performance of the Site;
- You hold the necessary licences and authorities in relation to any Information You upload and to the property;
- You are complying with all applicable laws and regulations including for the avoidance of doubt The Property Misdescriptions Act 1991, the Housing Act 2004, the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (as amended) and the Control of Misleading Advertisements Regulations 1988 (as amended); and
- You will immediately notify Us if any of these change.

4. Indemnity

- You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach by You of these terms and conditions.

- This indemnity shall apply whether or not We have been negligent or at fault

5. Charges

- Our charge for advertising Your property is set out on the Site and must be paid before Your property is advertised (except for the first property you advertise, for which no charge will be made for the first six weeks).

- We will advertise Your property for a period of six weeks and then it will be withdrawn from the Site and external Sites unless a further charge (or, in the case of the first property You advertise, an initial charge) is paid.

- If you withdraw the property from the Site and then want to re-advertise it then a new charge will be payable by purchasing an ‘advert credit’ from the Landlord Essential Toolkit

- Any extra services provided such as credit checks on tenants or Energy Performance Certificates, which are available within the Landlord Essential Toolkit will be provided by third parties, charged at the price shown in your shopping basket and must be paid before these services are provided.

6. Our responsibilities

- Your Property will be advertised on external websites that We do not control. We are not responsible for such websites or their content and accuracy.

- We have no obligation to monitor the Information you upload to the Site although reserve the right to do so and, in our absolute discretion, remove or decline to upload any Information to the Site or any third party website.

7. Personal service and further advertising

- The agreement between You and Us as set out in these terms and conditions and any charge We make for the Advertising of a property is personal to You and applicable only to that property.

8. Personal service and further advertising

We may terminate the advertising of Your property and any other services being provided to You if:

- You are in breach of these terms and conditions or any other relevant policy;
- You fail to pay any amount due to Us when due; or
- You (being a company or limited liability partnership) are deemed unable to pay Your debts within the meaning of section 123 of the Insolvency Act 1986 or, (being an individual) are deemed either unable to pay Your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or, (being a partnership) has any partner to whom any of the foregoing apply,

9. Consequences of termination

- Termination or expiry of this agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.

10. Entire agreement

- These terms and conditions and the policies referred to in it constitute the entire agreement between Us and You in place of all previous agreements whether written or oral.
- You agree that You shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) made by Us that is not set out in this agreement.

11. Waiver

11.1 - No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

12. Rights and remedies

12.1 - The rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

13. No partnership or agency

13.1 - Nothing in these terms and conditions is intended to, or shall be deemed to, establish any partnership or joint venture between Us and You, to constitute Us as Your agent, or authorise either party to make or enter into any commitments for or on behalf of the other party.

13.2 - By agreeing to advertise Your property on these terms and conditions you confirm You are acting on Your own behalf and not for the benefit of any other person.