Terms and Conditions
1. Introduction
1.1 This advertisers agreement ("the Agreement") is made between Move Simply Limited ("MoveSimply", "We") and the Advertiser ("You).
1.2 By entering into this agreement you are confirming you have read these Terms and Conditions and agree to them.
1.3 You agree to MoveSimply publishing your advert details on our web site and the web sites of our partners.
2. The Advertisers Responsibilities
2.1 You have the legal right to sell or rent the property.
2.2 The description you supply is true and accurate and not misleading. MoveSimply does not take any responsibility for the accuracy of the information supplied and cannot be held liable. MoveSimply are not Estate Agents and are not governed by the law governing Estate Agents nor any associated regulations. MoveSimply will not be responsible for any loss caused by any misdescription of the property supplied by you, nor indemnify you or any other person as a result of any such misdescription.
2.3 You will pay the full advert fee before the advert will be published via our online payment scheme. If payment is not received for any reason then the advert will not be published until the fee is received.
2.4 We will commence supplying our services to you as soon as you accept these terms and conditions. Unless you and MoveSimply agree otherwise, you will not be able to cancel this Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation the UK jurisdiction) once the supply of the services has commenced.
2.5 You have obtained permission from the owner of any photographs used in the advert. MoveSimply will not be held liable for breach of copyright. MoveSimply will not provide any photographs and will only use those supplied by you.
2.6 If you have a contract with an Estate Agent, you have independently checked your contract with regards to the terms and conditions that you must pay the Estate Agents commission. If later it is found that you are legally bound to pay the Estate Agents commission, MoveSimply will not be liable for any fees incurred in that or any other fashion for whatever reason.
2.7 Only one property may appear in each advert and cannot refer to any external link or external site either by way of hyperlink or in a free text form unless that link or site relates only to the property being advertised and nothing else.
2.8 You will assemble the 'For Sale' or 'To Let' board and ensure that its display complies with the local planning authority regulations and that you have permission to erect the board at the site chosen.
2.9 You will set your own selling price or rental price.
2.10 You will arrange and conduct viewings for the advertised property.
2.11 You will inform MoveSimply once the advertised property is sold or rented. If you fail to respond to a request for an update from MoveSimply as to the status of your sale/rental for a continuous period of 28 days after such request, whether such request is made by email, telephone, sms text, fax or any other media, MoveSimply reserve the right to remove the property listing without further notice to yourself. If the property listing is removed as a result of your failure to respond in such fashion, MoveSimply cannot be responsible for any loss damage or other claim as a result of your failure to reply.
2.12 As the 'responsible person' for marketing your property, you will be responsible for ordering and supplying your own Home Information Pack if required. MoveSimply are happy to advise you on obtaining such a pack through their contact with HipHomes Limited.
2.13 You may not use the Site if you are under the age of 18 or you are not able to form legally binding contracts
2.14 Non compliance with any of these obligations may result in your account being immediately suspended and/or the advertising listing being removed without further notice to you.
2.15 You agree that you will only use the Site in accordance with the terms and conditions set out in this User Agreement. You will compensate us in full for any losses or costs (including reasonable legal fees) we incur arising from any breach by you of these terms..
3. MoveSimply 's Responsibility
3.1 We will supply a 'For Sale' or 'To Let' board, where requested, within 10 working days.
3.2 We will re-advertise your property on our partner websites within 5 working days. Publication on partner sites maybe subject to alteration or cancellation according to changes in service imposed on us by those partner sites. As such we cannot guarantee unlimited publication on these sites.
3.3 Services that fall under the until sold option will be reviewed after a year has passed from the date the service was purchased. After which MoveSimply will have the right to discontinue the advert which includes the re-advertising on partner sites.
3.4 Services that fall under the until let option have purchased a slot for 1 year from the date of purchase, after which the advert will expire which includes the re-advertising on partner sites.
3.5 MoveSimply will, to the best of our efforts, ensure that the MoveSimply web site is available at all times. We reserve the right to take the site 'off-line' without prior notice for essential maintenance and upgrades. We cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
3.6 MoveSimply will, to the best of our efforts, deliver emails and sms text notifications within a reasonable time subject to third party interventions in service contracts affecting delivery.
3.7 MoveSimply reserve the right to:
3.7.1 retain any discounts which may be available to us as a consequence of the bulk purchasing of advertising
3.7.2 refer any purchaser of the property to financial advisers or mortgage providers or other service providers and retain any commission or payments paid by them.
4. Refunds
4.1 You may cancel this contract by informing Move Simply Limited in writing at ???????? or email to ??????????? within 24 hours of placing the advert.
4.2 No refund will be made after 24 hours or after you have received an enquiry in your account, whichever is first. All advertising after 24 hours is classed as 'Free of Charge'.
4.3 Regardless of the previous paragraphs, if MoveSimply are found to be liable, our liability, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, to you is limited in any 12 month period to the greater of: (a) the total fees you paid to us in relation to the service offered which gave rise to the liability, and (b) £100.
4.4 This does not affect your statutory rights as a consumer.
5. Third Party Rights
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
6. Governing law and dispute resolution
This Agreement shall be governed by and construed in accordance with English law. You and MoveSimply both agree to submit to the non-exclusive jurisdiction of the English Courts.