Terms and Conditions

DEFINITIONS

1. In these Terms and Conditions:-

“The Property Port” means Alexandra Associates Limited of 48 Lyndon Road, Manton, Oakham, Rutland, LE15 8SR trading as The Property Port and utilising the website http://www.a-private-sale.com/ and http://www.thepropertyport.com/

"Seller" means the Seller of Property or Vendor and all persons using the site to advertise properties for sale

“Site” means the property advertising services provided by The Property Port and the websites http://www.a-private-sale.com/and http://www.thepropertyport.com/

“User” means all persons (other than the Seller) accessing the Site and using any information therefrom

Please note that any reference to The Property Port also includes details on http://www.a-private-sale.com/

SELLERS

THE CONTRACT

2. The contract between The Property Port and the Seller for use of the Site incorporates these Terms and Conditions.

SELLER’S OBLIGATIONS

3.1 The Seller warrants with The Property Port that the Seller has the legal right to sell The Property and the details provided in respect of The Property are true and accurate in all respects and the Seller owns the copyright in the property details and/or any photographs supplied for publication on the Site.

3.2. The Seller permits The Property Port to publish details of the property in such arrangement and format as The Property Port shall determine in its absolute discretion.

3.3. The Seller will indemnify The Property Port against any claims whatsoever arising from the breach of any of these obligations.

3.4 The Seller will answer promptly any enquiries received from and as a result of advertising on The Property Port.

3.5 The Sellers submission of photographs and details for inclusion of their property on The Property Port will be construed as acceptance of these terms and conditions in their entirety.

3.8 Should payment of the commission not be made on the date of completion of the sale of The Property a late payment fee of £100 plus VAT shall become payable together with interest thereon at the daily rate of 2% above base rate of the Bank of England.

3.9 The Seller agrees and accepts that they have not and will not sign a sole agency contract with any Estate Agency whilst they are advertising The Property on The Property Port.

COPYRIGHT

4.1. The Seller grants a copyright licence to The Property Port for the duration of the contract to advertise The Property on the Site.

4.2. The Property Port holds and retains legal ownership of the copyright of all information about the property appearing on the site which must not be reproduced without the consent of The Property Port save that the Seller is permitted to print hard copies of the material for the Seller’s personal use when required to promote the sale of the property.

THE SITE

5.1 The Property Port will use reasonable endeavours to maintain the availability of the Site but shall not be liable for any level of availability or failure of the Site for reasons beyond its control.

5.2. The Property Port reserves the right to interrupt the service to carry out essential maintenance or upgrades.

5.3. The Property Port is not acting as an agent for the Seller and the Site will refer all enquiries or requests for further information to the Seller.

5.4. The Property Port shall not be under any liability to the Seller caused by or arising from software defects or viruses.

PRIVACY

6.1. The Property Port will only use information provided directly by the Seller in accordance with the Data Protection Act 1998.

USERS

ACCESSING OF THE SITE IS SUBJECT TO THESE TERMS AND CONDITIONS

7. The Site is provided to facilitate the sale of properties and no legal agreement will arise between a User and The Property Port as a result of the User accessing the Site.

CONDITIONS OF ACCESS

8.1 All information has been provided by the Seller and The Property Port does not warrant that any of the said information is comprehensive complete or accurate and the information provided should be verified by inspection and consultation with professional advisors. Nothing written on the site should be considered personal advice and no employee of The Property Port is authorised to give personal advice. All personal advice should be sought from professional advisors.

COPYRIGHT

9.1 The Property Port holds legal ownership of the copyright in all descriptions photographs images and other contents displayed on the Site but a User is permitted to print hard copies of the material for the User’s personal use but only in contemplation of a purchase of The Property.

9.2 The Property Port has no control over the content of linked sites referred to on the site and gives no warranty regarding the accuracy of the contents of the same.

THE SITE

10.1 The Property Port will use reasonable endeavours to maintain the availability of the Site but shall not be liable for any level of availability or failure of the Site for reasons beyond its control.

10.2. The Property Port reserves the right to interrupt the service to carry out essential maintenance or upgrades.

10.3. The Property Port shall not be under any liability to the User caused by or arising from software defects or viruses.

PRIVACY

11.1. The Property Port will only use information collected from a User in accordance with the Data Protection Act 1998.

11.2 Users are not required to provide any personal information to use the site and should contact Sellers or their agents direct as indicated on the Site.

11.3. If a User does forward personal details to The Property Port those details will only be forwarded to the relevant Seller with the permission of the Seller.

GOVERNING LAW

12. This Agreement shall be governed and construed in accordance with English Law. The parties irrevocably agree to submit to the exclusive jurisdiction of the Courts of England over any claim or matter arising out or in connection with this Agreement.