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Terms and Conditions
Definitions
Fees - the amount payable by you for the Services set out in the Agreement
Services/Specification - the services as specified on the Agreement
Start Date - the start date in the Agreement
Us, we, our - Property Updates, PO Box 3238, Swindon, SN2 9DQ
You, your - the organisation, and the employees of the organisation, requiring the Services whose details are set out in the Agreement
Our Obligations
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We agree to provide to you the Services for the Fees
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We will use all reasonable endeavours to provide the Services without interruption and materially error free
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We shall commence the provision of the Services on the Start Date as set out in the Agreement
Your Obligations
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You agree to pay the fees in accordance with the terms and conditions of payment as set out in the Agreement
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You agree to pay all invoices within 14 days of their receipt. The method of payment shall be by Standing Order
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Any charges payable under this Agreement are exclusive of VAT at the current rate
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You agree that all information you have given to us is correct and that you will inform us if it changes
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You agree not to use the Services for any unlawful purpose or in contravention of any English or other law
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During registration for any of the Services, users will be issued with a username and a password, which are essential for your secure use of the Services. You will be responsible for keeping this information confidential and agree to take all necessary steps to ensure that it is kept secure and not disclosed to any unauthorised person. If you think that one of your usernames or passwords have been discovered or is being misused by someone else then you must tell us immediately and take all steps necessary (or requested by us) to prevent such use. If we think there is likely to be a misuse of the Services because of a breach of security we may:
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Suspend your use of the Services; and/or
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Change your password and then notify you that we have done this
You acknowledge that licensed telephone operators provide the telephone networks which are utilised by us and therefore we cannot guarantee that the Services will be uninterrupted or error free
We may accept instructions in connection with the Services from someone we are satisfied has your authority. You agree that you will be responsible for all use of the Services whether or not authorised by you
Liability
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You agree that we are not liable in contract or tort (other than fraudulent or negligent misrepresentation) or otherwise arising out of or in connection with this Agreement for economic loss (including, without limitation, loss of revenue, profits, contracts, business or anticipated savings), loss of goodwill or reputation, any indirect, special or consequential loss, loss of data, suffered or incurred by you or any third party arising out or in connection with the provisions of the Services (or any part of them)
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Any liability we may have to you whether in contract, tort (including negligence) or otherwise for any loss or damage suffered by you in relation to the provision of the Services is limited to £500 in any 12 month period
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We are not liable for any failure to perform our obligations if we are prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines, or other equipment; fire; flood or storm)
Termination
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We can terminate the Agreement by giving you 3 months notice after the initial 12 month contract period is served
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You can terminate the Agreement by giving us 3 months notice after the initial 12 month contract period is served
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If you give us notice or we give you notice, you must pay us the Fees until the end of the notice period
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We may terminate the Agreement with immediate effect:
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If you fail to pay any amount due to us within the timeframe set out in this Agreement
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If you break any part of this Agreement
Upon termination of this Agreement your right to use the Services shall immediately terminate and you shall immediately stop using the Services
We may suspend the Services (without being liable to compensate you):
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In the event of a local or national emergency
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To comply with a request from a government or other competent authority
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To maintain the quality of our Services
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If an event occurs which is beyond our reasonable control
Upon termination of this Agreement we will supply you with a copy of your data in a standard file format
Changes to the Agreement
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We may alter and/or amend at any time:
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Any aspect of the Services, provided such alteration or amendment does not require any material change to this Agreement
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This Agreement, by giving you 28 days notice
General
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Unless otherwise provided in this Agreement, any notices must be in English and sent by e-mail, post or delivered by hand as follows:
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To you, at the address that you provide when applying for the Services unless you notify us otherwise
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To us, addressed to Property Updates, P O Box 3238, Swindon SN2 9DQ
This Agreement does not create a partnership, joint venture, agency or franchise relationship
You may not transfer this Agreement or any part of it to anyone else
We may sub-contract or assign the provision of the Services or any part of the Services to any other person
If any part of this Agreement is found to be illegal or unenforceable, this will not affect the validity and enforceability of the remainder of the Agreement
If either of us delay or fail to enforce any right under this Agreement that will not be deemed to be a waiver of that right and will not prevent that right or any other right or remedy from being exercised or enforced
This Agreement constitutes the entire Agreement between us relating to the provision of the Services and supersedes any previous agreements and understandings between us relating to the Services (except that we do not limit or exclude our liability to you in respect of any fraudulent misrepresentations)
This Agreement is governed by English Law and both parties hereby agree to submit to the exclusive jurisdiction of the English Courts in respect of any dispute or matter arising out of or in connection with this Agreement
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