Terms and Conditions
Lead forward Ltd, 71-75 Shelton Street, Covent garden, London, WC2H 9JQ. Registration number: 9990474
Custom Web Application Tool, Inclusive of Lead Forward Custom made Portal/Dashboard for Client sign in, Designed, Developed and Supplied by Lead Forward Ltd.
BASIS OF AGREEMENT
Where Web application, otherwise referred to as a Lead Generating Valuation Tool/Web Application/Widget/Software is supplied to Customer the terms of this Agreement shall govern access to and use of the said Software.
2. Valuation Tool LICENCE
Supplier grants Customer User Licence and full access to Supplier Web Portal/Dashboard for intelligence and customer benefits. The licence scalability varies on number of Estate Agency Branches. This is agreed in Order confirmation.
2.2 Other Restrictions
The valuations are not provided to be relied on for property sale, purchase, mortgage or related purposes. Lead Forward Ltd recommend professional valuations from a suitably qualified surveyor or other suitably qualified professional before making any decision whether to buy, sell, let or rent a property.
Customer is not allowed to sell, resell, loan, lease, distribute or transfer Software or copies to third parties.
2.3 Intellectual Property
Customer hereby acknowledges and agrees that all right, title and interest in and to the Software and all Intellectual property rights belong to Lead Forward Ltd and shall remain the property of Lead Forward Ltd. Customer acknowledges to use it lawfully and comply to all the applicable laws and regulations. The Copyright and Trademarks, patents are all property belong to Supplier Lead Forward Ltd.
2.4 Trial Terms
If trial period is agreed, this Agreement will terminate at the end of the Trial Period and Customer’s licence and right to use the Software will cease at the end of the Trial Period unless a further Trial Period is agreed or where Customer subscribes to the Software from the expiry date of any such Trial Period.
3. CONFIDENTIAL INFORMATION
3.1 Supplier acknowledges that any documents, the contents thereof, or other proprietary or confidential materials expressly designated as confidential that are provided to Supplier by Customer during the Term of this Agreement (“Customer Confidential Information”) are valuable assets of Customer. Supplier will take reasonable steps to ensure that the Customer Confidential Information is not used or disclosed except as expressly permitted by this Agreement. Supplier will not permit any unaffiliated third party access to, in any manner, the Customer Confidential Information, except as provided in this Agreement.
contractors may not include any Competitor.
4. Fair Usage Policy
4.1 Pricing is subject to our Fair Usage Policy. The leads that the client/customer receives above their designated band will be billed in batches of 100 for £40.00 per batch
Any shortfall per month cannot be rolled over into the following month’s quota. Each month’s lead quota is finite. We will custom design, develop and Host for the customer, the web application. It is customer’s responsibility to design their Call to Action, Lead Forward Ltd is willing to do this at no extra cost and we will ensure due diligence and car
4.2 Customer shall pay Set Up costs prior to implementation of the tool within customer iframe. The tool will be embedded and coded onto customer website with due diligence and care and sat within their iframe Not on the web subdomain.
Notification of Proposed Charges for Renewal Period
4.3 Where Supplier wishes to make no increase in the Charges and/or Additional User fees (“Proposed Charges”) for a Renewal Period then unless notice of termination is served by Customer in accordance with clause 9.2.3, then the Term shall be deemed to be extended for the Renewal Period.
Billing and Payment
4.4 Customer will pay any undisputed invoice rendered by Supplier in full within 30 days of invoice date.
6.5 Customer set-up fees must be paid prior to work commencing. 12 Month User licence is to be paid Monthly by direct debit on a monthly basis.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Lead Forward Ltd has exercised all reasonable care and skill in producing the Tool. Information on valuations supplied is intended as a guide only to current market values, it provides a rough valuation estimate.
5.2 Limitation of Liability
Lead Forward Ltd has has exercised all reasonable care and skill in producing the Tool. Information on valuations supplied is intended as a guide only to current market values. The valuation given cannot be considered in any way a substitute for a full and detailed valuation. shall not be liable in contract, tort or otherwise for any direct, indirect or consequential liabilities or losses incurred by any persons having access to the information given.
5.3.1 None of the terms of this Agreement shall operate to:
(a) exclude or restrict liability for fraud or for death or personal injury resulting from the negligence of Supplier or its Affiliates or the appointed agents or employees of Supplier or its Affiliates whilst acting in the course of their employment; or
(b) affect statutory rights where this Agreement is entered into as a consumer transaction.
5.4 Exclusive Remedies
The remedies in clauses 7 (Disclaimer of Warranties and Limitation of Liability), 8 (Term and Termination) are Customer’s exclusive remedies and are in lieu of all other legal or equitable remedies and all liabilities or obligations on the part of Supplier for damages (except for death and personal injury) arising out of, relating to, or in connection with this Agreement, including, but not limited to, the licensing, delivery, installation, use or performance of the Software.
6. TERM AND TERMINATION
6.1 This Agreement will, once approved by Supplier, commence on the Start Date and shall continue for the Initial Subscription Period of 12 months, and shall then renew for successive Renewal Periods until the end of the final Renewal Period unless earlier termination takes place. The property valuation Tool is provided on a revocable license basis. After the term of the contract expiries the contract will automatically roll over and renew for a further 12 months unless written notice of cancellation of the continuation is received within 30 days prior to the end of the term.
At the end of the term the Tool must be immediately removed from your website at your own cost. Supplier we can do this for you if you wish, however we take no responsibility.
6.2 If at any time Supplier for any reason decides to cease general provision of the Software, Supplier may, on providing not less than ninety (90) days’ written notice to Customer, cease to provide any further Maintenance Services.
6.3 Upon termination for whatsoever reason, if Customer has pre-paid any Charges in respect of Software being terminated or cancelled Supplier’s sole liability to Customer in respect of such termination shall be to refund the pre-paid Charges in respect of that Software for the period following termination to the end of the Term. No such refund shall be required in event of termination for Customer’s breach of this Agreement.
6.4 Expiry or termination of this Agreement shall be without prejudice to the accrued rights and obligations of the parties.
7. GENERAL PROVISIONS
7.1. Effect of Agreement The equivalent properties may differ in a number of ways which are not taken into account, such as standard of construction and general condition or to specific location. Also, the valuations are by their nature subjective and based on market forces at the time and markets can change for various reasons.
7.2 Force Majeure
Supplier shall not be liable for any delay or failure if caused by factors beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, failure of telecommunications or Internet services, industrial or labour dispute.
7.3 Governing Law
This Agreement and all matters arising out of it shall, in all respects be governed by the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the English courts. However, nothing in this clause shall exclude or limit applicable mandatory local law relating to Customer. Supplier may, upon written notice to Customer, assign or transfer this Agreement or any rights and obligations hereunder either to an Affiliate or to a third party successor to all or substantially all of the business, stock or assets of Supplier’s legal information business, in each case, without the prior consent of Customer. Supplier may without the prior written consent of Customer and without notice assign any benefit or transfer, delegate or sub-contract any of their duties and obligations under this Agreement to any third party, provided that in the case of sub-contracting, Supplier shall remain responsible for the performance by its sub-contractors of such obligations under the Agreement. Neither this Agreement nor any part or portion may be assigned, sublicensed or otherwise transferred by Customer without Supplier’s prior written consent.
7.4 Severability Clause
Should any provisions of these Terms and Conditions become or be wholly or partly void, the remaining conditions shall continue to remain in effect and will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.