Terms and conditions for the firstimebuyerni.com website.
Introduction
1. Definitions
In these terms and conditions the following words and phrases have the following meanings:
Advertiser – means the Construction Register Ltd member, builder, developer, solicitor, mortgage provider, estate agent or others as approved by Construction Register Ltd who has requested Construction Register Ltd to place advertising or property displays on the firsttimebuyerni.com website.
Advertising – means any advertising (other than property displays) material or promotional material supplied by the advertiser for transmission via the internet from the firsttimebuyerni.com that are placed on pages on firstimebuyerni.com, customised links and sponsorship logo display.
Commencement date – means the date on which Construction Register Ltd places the advertising on firstimebuyerni.com.
Construction Register Ltd – a company registered in Northern Ireland at Unit 6 Forestgrove Business Park, Newtownbreda Road, Belfast, BT8 6AW.
Due Date is the date upon which the fees have to be paid by the advertiser to Construction Register Ltd which shall ordinarily be within 10 days of the invoice date.
Fees – means the fees and charges payable by the advertiser specified by Construction Register Ltd
Link – means a link from the advertiser’s website to Construction Register Ltd in accordance with specified requirements of Construction Register Ltd from time to time.
Property Displays –means property display information for advertising on the website as produced and forwarded by the advertiser.
Services – means the services in respect of the property displays, advertising and any related services agreed to be provided by Construction Register Ltd to the advertiser pursuant to the terms or the fees.
Terms – means these terms and conditions under which Construction Register Ltd provide the services.
Construction Register Ltd is the owner of firsttimebuyerni.com, a website which provides advertising space and property displays as forwarded by the advertiser.
The advertiser wishes to place or has instructed Construction Register Ltd to place properties on and advertise on firsttimebuyerni.com
Construction Register Ltd agrees to provide the services to the advertiser subject to the terms and conditions set out in these terms.
2 Services and Obligations
2.1 In consideration of the payment of the fees Construction Register Ltd agrees to perform the services.
2.2 The advertiser undertakes and warrants to Construction Register Ltd that:
2.2.1 the reproduction and / or publication of property displays or advertising by Construction Register Ltd as originally submitted will not breach any terms or infringe or violate any copyright, trademark or any other personal or property of any person or render Construction Register Ltd liable to any proceedings whatsoever.
2.2.2 Any information supplied by the advertiser in connection with the provision of the services is accurate complete and true in all respects.
2.2.3 The property displays or advertising comply with the requirements of all relevant legislation.
2.2.4 The property displays or advertising are legal, decent, honest and truthful and complies with the rules of national and international law.
2.2.5 The property displays or advertising should not contain any data, image or other material which
:
(i) is offensive, obscene or indecent, which is defamatory, sexist, ageist etc;
(ii) is designed to or likely to cause annoyance, inconvenience or unwanted attention;
(iii) is designed to or is likely to cause disruption to any computer system, is illegal or is likely to induce an illegal act.
2.2.6 The advertiser has authority to enter into and implement the terms and it shall not on its own or consort with others, breach or make use of firstimebuyerni.com to breach legislation.
2.2.7 The advertiser shall not breach or make use of Firsttimebuyerni.com to breach any of the following legislation:
- The Competition Act 1998
- The Property Misdescriptions Act 1991
- The Proceeds of Crime Act 2002 and all European Directives and UK and NI Legislation in
relation to money laundering.
The Data Protection Act 1998.
- The Estate Agents Act 1979
2.3 The advertiser should provide to Construction Register Ltd the property displays or advertising in the format expressly specified (if any) by Construction Register Ltd.
2.4 Construction Register Ltd shall be entitled at any time without notifying the advertiser to make changes to the services which are necessary to comply with any applicable security or other statutory requirements and shall determine the manner in which the services are
provided.
2.5 Not withstanding the descriptive terms used herein it shall not be deemed by the terms used herein that Construction Register Ltd and the advertiser are in business as a partnership, the relationship is accepted by both parties hereto as one of service provider (Construction Register Ltd) and customer (the advertiser).
3. Acceptance
Construction Register Ltd:
3.1 shall upon receipt of the fees and Construction Register Ltd and acceptance of the
property displays or advertising performs the services on firsttimebuyerni.com site for the term subject to the provisions of the terms.
3.2 Construction Register Ltd has the right and sole discretion to decline to publish or omit, suspend or change the position of any property displays or advertising accepted by it. Should such a situation arise Construction Register will liaise with the affected advertiser prior to making any changes to their property displays or advertising.
3.4 Construction Register Ltd reserves the right at any time during the advertising term to remove the property displays or advertising from firsttimebuyerni.com in the event that Construction Register Ltd considers the property displays or advertising breaches any
applicable laws.
4. Liability
4.1 Construction Register Ltd accepts no responsibility for any mistakes or errors whatsoever that arise during the course of publication of any property displays or advertising and will not be liable for any loss of copy, artwork, photographs, data, or other materials which the advertiser supplies to it and the advertiser shall be responsible for retaining in its possession sufficient
quality and quantity of such materials for whatsoever purpose it may require.
4.2 In no event shall Construction Register Ltd be liable to the advertiser whether arising under these terms or in tort (including negligence or breach of statutory duty), misrepresentation or however arising, for any consequential loss. “Consequential Loss” shall for these purposes mean (i) pure economic loss, (ii)loss of profits (whether categorized as direct or indirect), (iii)losses
arising from business interruption, (iv)loss of business revenue, goodwill, anticipated savings, (v)losses whether or not occurring I the normal course of business, wasted management or staff time, (vi) loss or corruption of data.
5. Payment
5.1 Construction Register Ltd will charge the advertiser the fees for the facility to electronically upload the property displays or advertising onto the firsttimebuyerni.com website and for the display of the property displays or advertising on the website.
5.2 Construction Register Ltd may invoice the advertiser for the fees for the term upon its acceptance of the property displays or advertising, prior to the commencement of the services; all sums due in respect of the fees are exclusive of VAT or other applicable sales tax.
5.3 Construction Register Ltd will accept payment from the advertiser by cheque or BACS.
6. Intellectual Property
6.1 Except as provided in these terms Construction Register Ltd retains all right, title and interest in and to the content of firsttimebuyerni.com and the property displays including without limitation copyrights, trademarks and other intellectual property rights.
6.2 The advertiser retains all rights, title and interest in and to the advertising, including without limitation copyrights, trademarks, database rights and other intellectual property rights.
6.3 Any ideas, concepts, know-how or techniques developed by Construction Register Ltd or obtained during the execution of the services will be owned exclusively by Construction Register Ltd.
7. Advertisers Responsibility
It is the responsibility of the advertiser to check the accuracy of the property displays or advertising. It is also the responsibility of the advertiser to keep Construction Register Ltd informed of any changes to the property displays or advertising, in particular when properties have been sold and the relevant display is required to be removed from the website. If Construction Register Ltd has not received an update or notification from the advertiser within 6 months from the date property displays have been uploaded to the firsttimebuyerni.com website Construction Register Ltd will remove these property displays from the firsttimebuyerni.com website.
8. Term and Termination
8.1 The property displays shall be included in the firsttimebuyerni.com website for the term of one year or as otherwise expressly agreed by Construction Register Ltd.
8.1.1 The advertising on the home page shall be included in the firsttimebuyerni.com website for the term of one month or as otherwise expressly agreed by Construction Register Ltd. Advertising on the Mortgage and Legal sections of the website shall be included for the term of one year or as otherwise expressly agreed by Construction Register Ltd.
8.2 Construction Register Ltd may terminate this term by notice in writing to the advertiser in the event that:
8.2.1 the advertiser fails to pay any amount to Construction Register Ltd due under the terms and does not make payment within 7 days after receiving notice requiring the advertiser to do so.
8.2.2 the advertiser fails to perform any of its obligations on its part to be observed or performed pursuant to this terms and such failure is not remedied by the advertiser within 14 days.
9. Indemnity
The advertiser undertakes to Construction Register Ltd that the advertiser will without prejudice to any other right of action which Construction Register Ltd may have, at all times keep Construction Register Ltd fully and effectively indemnified against any liability (which liability shall include without limitation all losses, costs, claims, demands, actions, damages, legal and other professional fees and expenses on a full indemnity basis) which Construction Register Ltd may suffer or incur as a result of any property displays or advertising, the infringement of any intellectual property rights of any third party, the breach of any law or by reason of any breach or non fulfillment of any of the advertisers obligations in respect of the terms and for any additional clarification purposes.
10. Confidential Information
Each party may use the Confidential Information of a disclosing party only for the purposes of this terms and must keep confidential all Confidential Information of each disclosing party except to the extent (if any) the recipient of any Confidential Information is required by law to disclose
Confidential Information.
11. Data Protection
Each party undertakes to comply with its obligations under the Data Protection Act 1998.
12. Third Parties
Nothing contained in this terms or in any instrument or document executed by any party in
connection with the services is intended to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999.
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