Terms of BusinessThe
farmsearch.co.uk terms of business are set out as follows and the use of the
Farmsearch. co.uk Website and systems denotes acceptance of such terms of
business.
Definitions
1. In these terms and conditions the following phrases shall have the stated
meanings attributed to them unless the context requires otherwise.
"the Company" means Farmsearch.co.uk of 2 Doncaster Road, Bawtry, Doncaster, South Yorkshire DN1 2PZ
" the Client" means any party advertising or entering information
on the company's internet website.
"the Website" means the Company's internet website farmsearch.
co.uk.
"Advertising Material" means information inserted on the Website
by the client for advertising or locating of agricultural properties within the
United Kingdom together with any associated material but excluding banner
advertising.
"Fee Schedule" means the itemised schedule of costs chargeable by
the Company for the Client's use of the Website.
"Banner Advertising" means advertising material appearing on the
website intended to promote or advertise an individual, company, firm or
organisation.
Purpose
2. The Company shall provide the Website for the non-exclusive use of the
Client with the intention that the Website shall be a central information point
for the advertising of and for agricultural properties within the United
Kingdom together with ancillary advertising of services to the agricultural
industry.
Provision of Website
3. In consideration of fees payable by the Customer in accordance with the
Fee Schedule, the Company shall make the Website available for the Customer for
the display of the Customers Advertising Material to enable any party to access
the Website to view the Advertising Material including the provision to
reference the Clients own Website together with and subject to the obligations
and reservations on the part of the Company as set out in paragraph 4 below.
Obligations and reservations on the part of the Company
4.1 The Company shall: -
4.1.2 supply technical assistance (as the Company determines
appropriate) to facilitate the clients use of the Website.
4.1.3 make provision on the Website for the Client to insert the Clients
own Advertising Material and to access the Advertising Material inserted to
enable the Client to delete amend or otherwise update it.
4.1.4 take reasonable steps to keep the Website secure against unauthorised
alterations or deletion of the Advertising Material .
4.1.5 market and promote the Website.
4.2 The Company shall not:-
4.2.1 provide any hardware/ software or internet connection to the Client.
4.2.2 provide any technical assistance relevant to the Client's hardware or
internet connection.
4.3 The Company reserves the right:-
4.3.1 to alter amend or delete any Advertising Material.
Customers obligation
The Customer shall: -
5.1 pay the fees for the use of the Website in accordance with the Fee
Schedule.
5.2 keep the Advertising Material regularly updated and make sure that it
complies with all current legislation and regulations.
5.3 nominate an individual to deal with the Company and to keep the Company
informed of that individuals identity.
5.4 keep secure the Clients passwords to enter into the Website and take all
reasonable steps to avoid unauthorised alteration or deletion from the Website.
5.5 not displaying any material that is defamatory or offensive.
5.6 only use advertising material that it is authorised or licensed to do.
5.7 indemnify the Company against any claim howsoever arising in respect of
the Client's Advertising Material.
5.8 immediately inform the Company if the Client is aware of any
unauthorised access of the Website.
Fees
6.1 The Company shall provide the client with the Fee Schedule.
6.2 The Company may amend the Fee Schedule by giving the Client two months notice of such amendments.
6.3 The Company shall on a monthly basis in accordance with the relevant
Fee Schedule charge the Client for the Clients use of the Website in the
previous calendar month.
6.4.1 Invoices raised by the Company addressed to Subscribing
Clients shall be paid by the Client within 28 days of the date the invoice is
raised and in default the balance outstanding shall accumulate interest on a
daily basis calculated at 4 % per anum above bank base rate.
6.4.2 Invoices raised by the Company addressed to non subscribing Clients
shall be paid prior to the entry of the Advertising Material to which the
invoice relates on the Website.
Warranty and limitation of liability
7.1 No warranty is made by the Company that the Website shall remain
available for access without interruption and errors that materially affect the
use and accessibility of the Website.
7.2 The Company expressly excludes any warranty that may be applied by
statute as to the quality, and fitness for the particular purpose of the
Website.
7.3 In the event of any liability of the Company to the Client in contract
or tort that liability shall be limited to and shall not exceed the total of
the fees paid by the Client to the Company within the 6 months immediately
preceding such claim arising.
7.4 In any event the Company shall not be liable to the Client for any
indirect consequential or special loss or damage including (without limiting
the same ) loss of profit, goodwill or economic loss.
Termination of agreement and amendment of terms
8.1 This agreement shall commence on the Client placing an order with the
Company for the use of the Website or otherwise commencing use of the Website.
8.2 The Company may amend the terms of this agreement by giving 3 months
notice to the client of such amendment.
8.3 Either party may terminate this agreement by giving one months notice.
8.4 The Company may immediately withdraw the Company's services and the
website from the Client in the event that:-
8.4.1 any balance of an invoice raised by the Company to the Client remains unpaid for a period in excess of 28 days.
8.4.2 the Client misuses the Website.
8.4.3 the Client does any act to bring the Website into disrepute.
8.5 The Company reserves the right to terminate the service without notice subject to refunding the remaining proportion of the fee paid.
Confidentiality
9. The Company and the Client shall each take all reasonable steps to keep
information as between the Company and the Client confidential and shall not
disclose any information as to the agreement between the Client and the Company
save and except information that is already in the public domain or is required
to be disclosed by a court of law. Such duty of confidentiality shall continue
not withstanding that the agreement between the Company and the Client shall
terminate.
10. Dispute Any dispute between the Company and the Client shall at the
option of either party be resolved by reference to an independent arbitrator
appointed by the president of The Royal Institution of Chartered Surveyors
which arbitrator shall act as an expert and whose decision shall be binding on
the parties.
General
11.1 This agreement shall be governed by the law of England and Wales.
11.2 This agreement represents the entire agreement between the parties.
11.3 Neither party shall be liable to the other for any event beyond the
control of the Client or the Company including (without limiting the same) the
failure of the whole or part of the Internet system or any service provider.
11.4 Any notice required in this agreement may be served by first class
post, faxed or E mailed to the last known address of the addressee and shall be
deemed to be served from the day following the posting or transmission.
11.5 This agreement does not relate to banner advertising.
The Property Misdescriptions Act 1991
12.1 The property details shown on this site have been prepared persuant to instructions in good faith to give a fair overall view of properties and do not constitute any part of a contract or offer. If any points are especially relevant to your interest please ask the agent/vendor for further information/verification.
12.2 Nothing in the particulars displayed on the site shall be deemed to be a statement that the property is in good structural condition or otherwise, nor that any services, appliances, equipment or facilities are in good working order. Purchasers should satisfy themselves on such matters by commissioning the appropriate specialist investigations prior to formulating their offer to purchase.
12.3 Descriptions of property are subjective and are used in good faith as an opinion and not as a statement of fact. Please make further specific enquiries to ensure that descriptions are likely to match any expectations you may have of a property.
12.4 The metric and imperial areas, measurements or distances referred to are given as a guide only and are not precise. If such details are fundamental to a purchase the purchaser must rely on their own enquiries.
12.5 All possible care has been taken in the preparation of sale particulars, schedules and plans. The descriptions stated are believed to be correct, but their accuracy is in no way guaranteed and any errors, mis-statements or ommissions shall not annul the sale or be grounds for any abatement or compensation on either side.