01752 295783
07778 111154
07779 777965
01752 295783
07778 111154
07779 777965
Plymouth Sales & Lettings agrees to defend, indemnify, and hold harmless the Indemnities, from any and all damages, liability, and claims, arising from the covered claim(s).
Plymouth Sales & Lettings (PSL) policy is that all properties advertised on our site should comply with the letter and spirit of the Consumer Protection from Unfair Trading Regulations 2008 (which sets out the obligations and restrictions previously contained in the Property Miss description Act 1991, now repealed.)
We believe this advertising user agreement is important in protecting and promoting the quality of service we offer to all clients including agents for businesses marketing, private landlords or private individuals to advertise UK properties for sale or let.
This Online Advertising Agreement is between Plymouth Sales & Lettings (PSL) and all clients, landlords, agents and all individuals who desires to place advertisements on the PSL website. This agreement sets forth the specific terms of the arrangement including the type of ad display, services rendered by PSL, payment for advertising and any ad content which is prohibited. This Online Advertising User Agreement also sets forth that the ads will be delivered to PSL in digital format.
In consideration of the promises and mutual covenants contained in this Agreement, the parties agree as follows:
PSL agrees to publish the Advertisement on the Website for a period of 30 days commencing from the date initially listed and ending 30 days there after. If the Client desires to remove the Advertisement from the Website prior to the end of this period, the Client must request this to PSL via the website. No refund will be made for such early withdrawal of Advertisement.
The Client shall pay PSL for publication of the Advertisement on the Website when required. All fees and payments are due and payable upon the execution and delivery of this Agreement. All late payments are subject to interest accrued at the rate of 1.5% per month, or up to the maximum amount allowed by law, whichever is greater. In the event if the Client defaults in making the full payment within 30 days, PSL reserves the right to suspend the Advertisement posted on the website.
The client shall deliver the Advertisements to PSL digitally via the clients account through the PSL website and at least five (5) business days before the scheduled start date. Client shall be solely responsible for providing the Advertisement in the format required for display. Client acknowledges that PSL will not be responsible or liable for the quality of any portion of the Advertisement that does not meet the established mechanical criteria. If at any time Client desires to modify its content, it shall provide a written request to PSL specifying in detail the modification desired. PSL shall, within a reasonable time, effectuate the modifications to the content.
The client shall be fully responsible and liable for the content contained in the Advertisement. PSL is not responsible for, and in no way warrants, guarantees, or ratifies, the representations made or implied in the contents.
PSL reserves the right to review and approve the suitability of the Advertisement submitted. PSL may reject or cancel any Advertisement for any reason, which it believes in good faith to be detrimental. If PSL so rejects the Client's Advertisement or terminates its display, then this Agreement shall be terminated, and PSL will return any prepaid advertising fees to the Client.
The client grants the PSL a limited, non-transferable, nonexclusive license to copy, use, store, set up, publicly display, publicly perform and transmit the Client’s Advertisement (including any trade names, trademarks and service marks shown) during the term of this Agreement and solely in connection with this Agreement. Upon termination of this Agreement, PSL will remove the Client’s Advertisement, destroy all copies of it and cease further display of the Advertisement.
Nothing in this Agreement grants Client any right to use the name, trademark, or service mark of PSL in any advertisement, sales promotion, or press release without PSL’s prior written approval.
The client acknowledges that the contents of the PSL Website, including, without limitation, all trade names, trademarks, service marks, content, text, images, software, functionality, page and other design and layout, media and other materials therein, is proprietary to or licensed by PSL, protected under copyright, trademark and other intellectual property laws and such contents may not be reproduced without the consent of PSL.
The client retains all right, title and interest including copyright and other proprietary or intellectual property rights in the content of the Advertisement, Client’s trade names, trademarks and service marks therein.
The services and site are provided "as is" without warranty of any kind, express or implied and any use of the services or Website are at Client's sole risk. PSL does not warrant that the services or Website will be uninterrupted or error free, nor does PSL make any warranty as to the performance or any results that may be obtained by use of the services or Website. PSL makes no other warranties, express or implied, including, without limitation, any implied warranties of merchantability and fitness for a particular purpose, concerning the subject matter of this agreement.
PSL shall provide the Services as an independent contractor and PSL shall not act as an employee, agent or broker of the Client through their personal advertising. As an independent contractor, PSL will be solely responsible for paying any and all taxes levied by applicable laws on its compensation. PSL understands that Client will not withhold any amounts for payment of any taxes from PSL's compensation.
PSL shall not assign any of their rights under this Agreement, or delegate the performance of any of the obligations or duties hereunder, without the prior written consent of the Client and any attempt by PSL to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be void and of no effect.
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during receiving party’s regular business hours or by facsimile / email before or during receiving party’s regular business hours; or (b) on the second business day following deposit in the Royal mail, postage to be paid by sender to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
This Agreement is to be construed in accordance with and governed by the internal laws of the United Kingdom and trading standards.
All disputes under this Agreement shall be settled by arbitration in the small claim courts before a single arbitrator pursuant to the commercial law rules of UK Arbitration Association.
Any party hereto giving written notice to the other party to a dispute that such dispute has been referred to arbitration may commence arbitration at any time. Any award rendered by the arbitrator shall be conclusive and binding upon the parties hereto.
This provision for arbitration shall be specifically enforceable by the parties and the decision of the arbitrator in accordance herewith shall be final and binding without right of appeal.
If any provision of this Agreement shall be held to be illegal, invalid or unenforceable under present or future laws, such provisions shall be fully severable, this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and, the remaining provisions of this Agreement shall remain in full force and effect.
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, DAMAGES FOR LOSS OF PROFITS, INCURRED BY THE OTHER PARTY ARISING OUT OF THE SERVICES PROVIDED UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NEITHER PARTY’S LIABILITY ON ANY CLAIM, LOSS OR LIABILITY ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT SHALL EXCEED THE AMOUNTS PAID TO PSL BY THE CLIENT.
Each party shall at its own expense indemnify and hold harmless, and at the other party's request defend such party its affiliates, subsidiaries, successors and assigns officers, directors, employees, sublicenses', and agents from and against any and all claims, losses, liabilities, damages, demand, settlements, loss, expenses and costs (including attorneys' fees and court costs) which arise directly or indirectly out of or relate to (a) any breach of this Agreement, or (b) the gross negligence or willful misconduct of a party's employees or agents.
This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, communications and agreements, whether written or oral, between the parties relating to the subject matter hereof and all past courses of dealing or industry custom. No modification of or amendment to this Agreement shall be effective unless in writing and signed by each of the parties.
The waiver by either party of a breach of or a default under any provision of this Agreement shall not be effective unless in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
The headings used in this Agreement are for convenience only and shall not be used to limit or construe the contents of any of the sections of this Agreement.