IFP Ltd - French-Property.com Terms and Conditions of Sale (Advertising Services)

It has always been the policy of IFP Ltd (trading as French-Property.com) to treat our customers in exactly the same way we like to be treated ourselves. Small print is now an essential part of conducting business online and we are now required to set out our Terms & Conditions for the usage of www.french-property.com.

1. Definitions

1.1 Supplier means IFP Ltd trading as French-Property.com of Unit 6 Victoria Business Park, Short Street, Southend-on-Sea, Essex, SS2 5BY, UK that owns and operates www.french-property.com 1.2 Advertiser means the individual or organisation who buys or agrees to buy the Services from the Supplier. Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977. 1.3 User means the individual or organisation who browses the Website to find and enquire about property for sale / rent or services offered by Advertisers. 1.4 Contract means the contract between the Supplier and the Advertiser for the provision of Services incorporating these Terms and Conditions. Services means the services that the Advertiser agrees to buy from the Supplier. 1.5 “Terms and Conditions" means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by the Supplier. 1.6 "Intellectual Property Rights" means patents, trade marks, service marks, design rights (whether registered or otherwise), applications for any of the foregoing, copyright, database rights, know-how, trade or business names, domain names and other similar rights or obligations whether registered or not in any country (including but not limited to the United Kingdom). 1.7 Website means www.french-property.com

2. Conditions

2.1 These Terms and Conditions shall NOT affect the Advertisers statutory rights as a Consumer. 2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be only be applicable if agreed in writing by the Supplier. 2.3 Any complaints should be addressed to the Supplier's address at Unit 6 Victoria Business Park, Short Street, Southend-on-Sea, Essex, SS2 5BY, UK. Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement. 2.4 Any queries regarding the services the Supplier provides should be directed towards our customer services team who are available to answer your queries Monday to Friday between 9am and 5:30pm GMT. You can contact one of our representatives using either advertising@french-property.comor on +44 (0)207 135 2222. We will endeavour to respond to all customer service queries within 72 hours. 2.5 These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Advertiser and shall prevail over any other documentation or communication from the Advertiser.

3. Scope of this agreement

3.1 The Supplier maintains the website located at www.french-property.com . This agreement refers to the Advertiser electronically submitting advertisements for property and, or related services in France. Property advertisements of this nature will be automatically published by our property management systems (With no human intervention) into the relevant sections of the website so that it can be accessed by Users of the Website. 3.2 The Supplier also offers an advertising service whereby the Supplier will manually publish adverts to the Website on behalf of the Advertiser. This service is only available if agreed with the Supplier in advance and may result in an additional charge to the Advertiser based solely on our discretion. Any charges will be levied at our standard rate detailed in clause 18. 3.3 In all instances, the Advertiser is solely responsible for the content and images submitted via the website. The Supplier will not be liable or responsible for checking the contents of such advertisements to ensure they are correct, accurate, complete or error free. 3.4 The Advertiser will endeavour to keep advertising content up to date and correct at all times and ensure information is correct before submission to the Website. 3.5 The Advertiser will be entirely liable for fees payable to the Supplier. Payment should be made in accordance with clause 5 below. 3.6 In addition to adverts appearing on the website, individual property adverts may also appear across a number of 3rd party websites that participate in the 'French-Property.com Affiliate System'. The Supplier does not maintain these 3rd party websites and cannot be held responsible for the content they contain. Advertisers may opt out of this free service by contacting IFP Ltd. 3.7 The Supplier allows users to search for and access content through the Website and other internet websites. We are unable to guarantee that our advertising services will lead to a successful advertising campaign for the Advertiser.

4. Changes, Deletion and Suspension of Adverts

4.1 Once an advert has been posted on the Website, the Advertiser may delete or edit the advertised content using our property management systems. If adverts are deleted or removed by the Advertiser, the Advertiser will remain subject to the full fees for such advertising content. The advertiser will not be entitled to a refund of any fees pre-paid by the Advertiser if the advertised content has been deleted or removed from the Website. 4.2 The Supplier may delete any advertising content from the website or refuse to post any advertising content to the website if:

  • 4.2.1 the advertising content is not consistent with the Supplier's advertising policy as defined in clause 9;
  • 4.2.2 the advertising content does or is likely to breach any applicable law or regulation;
  • 4.2.3 the Advertiser has breached or threatened to breach the terms of this agreement;
  • 4.2.4 the content of any advertised content is obscene, blasphemous, defamatory or infringes the intellectual property rights of any third party.

4.3 The Supplier may delete, suspend or refuse to accept advertising content at any time if the Advertiser fails a credit check carried out by or on behalf of the Supplier. 4.4 The Supplier may move, change the position of, reduce or increase the size of, or edit the advertising content on the website at any time if necessary or desirable for the presentation of the website. 4.5 Unless otherwise agreed, irrespective of action taken in relation to any advertising content pursuant to clauses 4.2, 4.3 and 4.4, the Advertiser will be subject to the full fees for such advertising. 4.6 The Supplier will give the Advertiser reasonable notice prior to any action taken by the Supplier pursuant to clause 4. If such action is immediate, the Supplier will give the Advertiser notice as soon as reasonably practical thereafter.

5. Price and payment

5.1 The price of the Services shall be that stipulated on the Website. Payments can be made in either Euros or Pounds Sterling dependant on the denomination of the invoice or selection made in the payment section of the website all prices are exclusive of UK rate VAT unless stated otherwise. The Supplier does not charge commission on properties sold via the Website. 5.2 The total purchase price, including UK rate VAT, if any, will be displayed to the Advertiser during the order process. All payments should be made out to "IFP Ltd" any variation may lead to charges in accordance with clause 5.6. 5.3 Invoices are issued on the 1st of the month and are due in full within 30 days (without possible discount). In the case of a late payment the Supplier reserves the right to charge a late payment fee of 15% of the outstanding balance to cover administrative charges. Any charges as a result will be added to a subsequent invoice. If payment has not been received within 30 days your details will be passed to a Debt Collection Agency for recovery of outstanding monies and you will incur any additional costs that this action entails. Where a Debt Collection Agency has been appointed by us to recover money, any disputes or offers of payment must be made to the Debt Collection Agency using the contact telephone number or address on correspondence issued by them. 5.4 Where applicable, if any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received. 5.5 In the event of late payment by the Advertiser, the Supplier shall be entitled to charge the Advertiser a late payment fee of 15% of the outstanding balance to cover administrative charges. Any charges as a result will be added to a subsequent invoice. 5.6 In the event that a cheque is deemed invalid and has to be returned to the Advertiser, the Supplier shall be entitled to charge the Advertiser 15 Euros for each misrepresented cheque. Any charges as a result will be added to a subsequent invoice. 5.7 If the parties agree that the Supplier is to provide goods and/or services or resources in addition to those specified on previous invoices, then such agreement will be reflected in a further invoice, which will be deemed incorporated into this Agreement. Once an invoice has been agreed by the Advertiser, the price for the goods and/or services shall be fixed. 5.8 Should the Supplier need to engage the services of a law firm or debt collection agency to assist in the collection of the payment from the Advertiser, then the Advertiser agrees to pay the Supplier the full costs and commissions charged by the law firm or debt collection agency for such services plus an additional administration fee of 1500 Euros to compensate the Supplier for the additional administrative and management time required to collect the outstanding payment.

6. Ordering

6.1 All orders for Services shall be deemed to be an offer by the Advertiser to purchase Services under these Terms and Conditions and are subject to acceptance by the Supplier. All offers from the supplier are valid for 30 days. 6.2 The Supplier may choose not to accept an order for any reason when making an order through the Website. The technical steps the Advertiser needs to take to complete the order process are described in the order process section on the website.

7. Rights of supplier

7.1 The Supplier reserves the right to periodically update prices on the Website, and these prices cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Advertiser places an order. 7.2 The Supplier reserves the right to withdraw the Services from the Website at any time. The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.

8. Performance

8.1 The Supplier makes no representation or warranty that all or part of the website will be accessible at all times. 8.2 The Supplier shall begin to perform the Services after payment has been processed. 8.3 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. 8.4 The Supplier may have to suspend the Services for legal, technical, repair, maintenance or improvement reasons. If so, the Supplier will restore them as quickly as is reasonably possible. The Supplier will try to provide advertisers with as much notice as possible, but prior notice may not always be feasible for a variety of reasons. 8.5 The Services are subject to an initial contract period of one month and shall continue thereafter on a monthly basis unless and until terminated by either party (as regards some or all of the Services) at any time for any reason by giving to the other 30 days, written notice, and any payment due remains payable. 8.6 The Supplier may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice if the Advertiser breaches any term of this agreement, and any payment due remains payable and, if already paid, will be non-refundable. 8.7 The Supplier will make every effort to ensure email enquiries reach the Advertiser in a timely fashion. Email, however, is not considered to be 100% reliable and as a result the Supplier retains copies of every enquiry and publishes them within each Advertisers profile. These copies are available for the reference of Advertiser’s and the Supplier.

9. Advertised Content

9.1 The Advertiser will ensure that all advertised content or other information provided by the Advertiser is legal, decent, honest, accurate and not misleading in any way and the Advertiser will not use the website for any fraudulent or illegal purposes. 9.2 The Advertiser will ensure that all advertised content complies with all applicable legislation, regulations, codes and guidelines. The Advertiser will also ensure that advertised content does not contain material that is obscene, blasphemous, racist, defamatory or infringes the intellectual property rights of any third party or may otherwise be legally actionable by any third party. 9.3 Advertisers will receive Users' property enquiries from the contact form provided on each active advert. Advertisers will not provide additional contact details such as email addresses, external websites or telephone numbers within the content of an advert as these forms of contact cannot be tracked and may disguise the effectiveness of your advertisements. 9.4 The Supplier will have sole control over the “look and feel” of the website, including the advertised content provided by the Advertiser. This includes the design, appearance, and placement of respective names and brands.

10. Cancellation

10.1 The Advertiser has the right to cancel the Contract, by notice in writing, at any time before seven working days have passed from the day after the Contract was made. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Advertiser before the Advertiser exercises this right to cancel, the right to cancel is withdrawn. 10.2 Either party may at any time, by notice in writing, terminate this agreement forthwith if the other party is in breach of the terms of this agreement and such breach is not capable of remedy.

11. Limitation of liability

11.1 Except as may be implied by law where the Advertiser is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Advertiser shall be limited to damages which shall in no circumstances exceed the price of the Services and the Supplier shall under no circumstances be liable for any indirect, incidental, loss of revenue, loss or goodwill or reputation, loss of opportunity, consequential loss or damage whatsoever. 11.2 The Supplier shall under no circumstances be liable for any indirect, incidental, loss of revenue, loss or goodwill or reputation, loss of opportunity, financial loss, consequential loss or damage whatsoever suffered by the Advertiser following transactions initiated with Users who have made contact with the Advertiser via the Website. 11.3 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.

12. Waiver

12.1 No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.

13. General

13.1 Subject to any fraudulent statements or misrepresentation, this agreement is the entire agreement between the Supplier and the Advertiser and it will supersede any other oral or written communications, agreements, promises or representations. No variation or amendment to this agreement will be valid unless it is in writing, refers specifically to this agreement and is signed by the Advertiser and the Supplier. This agreement is not intended to affect any consumer rights that the Advertiser may have under provisions of any applicable law or regulation. 13.2 This is not an exclusive agreement with the Advertiser and the Advertiser is free to enter into any contract or agreement with any other advertising entity. The Advertiser acknowledges and agrees that this agreement will not constitute a joint venture, pooling arrangement, agency relationship, partnership or formal business organisation of any kind. 13.3 This agreement may not be assigned, novated, sub-licenced or otherwise transferred by the advertiser in whole or part without the prior written consent of the Supplier. The Supplier may assign, novate, sub-licence or otherwise transfer this agreement in whole or part to any third party as part of a change in ownership, merger or takeover of the Supplier, without the Advertiser's consent. 13.4 The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, terror, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.

14. Severance

14.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

15. Personal Data

15.1 The Advertiser must read the French-Property.com Privacy Policy, as it forms part of this agreement.

16. Changes to terms and conditions

16.1 The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Advertiser upon making a purchase. 16.2 Any renewal of the Services will be subject to the Supplier's then current Terms and Conditions.

17. Governing law and jurisdiction

17.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

18. Rate Card

18.1 Any additional works carried out for Advertisers will be charged at a rate of 75 Euros per hour + UK rate VAT where applicable.

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