IFP Ltd - French-Property.com
Terms and Conditions of Sale (Advertising Services for Private Owners)
Last updated 18/05/23
Please read these terms carefully as they apply to our private owner subscription advertising services.
These Terms are deemed to include our Privacy Policy.
Please note that changes may be made to the Terms at any time without notice and you agree to review the Terms regularly. Your continued access to or use of the Website will mean that you agree to any changes.
1. Definitions
1.1 “Supplier” means IFP Ltd trading as French-Property.com of Unit 6 Victoria Business Park, Short Street, Southend-on-Sea, Essex, SS2 5BY, UK that owns and operates www.french-property.com
1.2 “Advertiser” means the individual or organisation who purchases Subscription Advertising Services from the Supplier. Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
1.3 “User or “Users” means the individual(s) or organisation(s) who browse the Website and enquire about property submitted to the Website by Advertisers.
1.4 “Contract” means the contract between the Supplier and the Advertiser for the provision of Subscription Advertising Services incorporating these Terms and Conditions.
1.5 “Subscription Advertising Services” means the advertising services that the Advertiser purchases from the Supplier. Subscription Advertising Services renew automatically on a monthly or six monthly subscription billing period.
1.6 “Terms and Conditions” means the terms and conditions for the provision of Subscription Advertising Services set out in this agreement and any special terms and conditions agreed in writing by the Supplier.
1.7 “Intellectual Property Rights” means patents, trademarks, service marks, design rights (whether registered or otherwise), applications for any of the foregoing, copyright, database rights, know-how, trade or business names, domain names and other similar rights or obligations whether registered or not in any country (including but not limited to the United Kingdom).
1.8 “Website” means www.french-property.com and Network Websites hosted by IFP Ltd. The information, material and content provided on the Website may be changed at any time without notice.
1.9 “Advert“ or “Adverts” means online property advertisement(s) submitted to the Website by the Advertiser.
2. Conditions
2.1 These Terms and Conditions shall NOT affect the Advertiser's statutory rights as a Consumer.
2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be only applicable if agreed in writing by the Supplier.
2.3 Any complaints should be addressed to the Supplier's address at Unit 6 Victoria Business Park, Short Street, Southend-on-Sea, Essex, SS2 5BY, UK.
2.4 Any queries regarding Subscription Advertising Services provided by the Supplier should be directed towards our customer services team using either [email protected] or on +44 (0)207 135 2222. Our customer services team are available Monday to Friday between 9:30am and 5:00pm GMT and we will endeavour to respond to all queries within 72 hours.
2.5 These Terms and Conditions shall apply to all Contracts for Subscription Advertising Services provided by the Supplier to the Advertiser and shall prevail over any other documentation or communication from the Advertiser.
3. Scope of this Agreement
3.1 This agreement refers to the submission of Adverts to the Website by the Advertiser. Adverts of this nature will be published by our property management systems into the relevant sections of the Website.
3.2 In all instances, the Advertiser is solely responsible for the content and photos submitted to the Website. The Supplier will not be liable or responsible for checking the contents of such Adverts to ensure they are honest, correct, accurate, complete or error free and that they comply with all applicable legislation, regulations, codes and guidelines.
3.3 The Advertiser will endeavour to keep advertising content up to date, correct and accurate at all times.
3.4 The Advertiser will be entirely liable for the fees payable to the Supplier. Payment should be made in accordance with clause 5 below.
3.5 In addition to appearing on the Website, an Advert may also appear on French-Property.com Network Websites and on Third Party Affiliate Websites. The Supplier does not maintain these 3rd Party Affiliate Websites and cannot be held responsible for the content they contain. Advertisers may opt out of this free service by contacting the Supplier.
3.6 The Supplier is unable to guarantee that Subscription Advertising Services will lead to a successful advertising campaign for the Advertiser.
3.7 Subject to any fraudulent statements or misrepresentation, this agreement is the entire agreement between the Supplier and the Advertiser and it will supersede any other oral or written communications, agreements, promises or representations. No variation or amendment to this agreement will be valid unless it is in writing, refers specifically to this agreement and is signed by the Advertiser and the Supplier. This agreement is not intended to affect any consumer rights that the Advertiser may have under provisions of any applicable law or regulation.
3.8 This is not an exclusive agreement with the Advertiser. The Advertiser is free to enter into any contract or agreement with any other advertising entity. The Advertiser acknowledges and agrees that this agreement will not constitute a joint venture, pooling arrangement, agency relationship, partnership or formal business organisation of any kind.
3.9 This agreement may not be assigned, novated, sub-licenced or otherwise transferred by the Advertiser in whole or part without the prior written consent of the Supplier. The Supplier may assign, novate, sub-licence or otherwise transfer this agreement in whole or part to any third party as part of a change in ownership, merger or takeover of the Supplier, without the Advertiser's consent.
4. Changes, Deletion and Suspension of Adverts
4.1 Once an Advert has been submitted to the Website, the Advertiser may delete or edit the advertised content using our property management system. If Adverts are deleted or removed by the Advertiser, the Advertiser will remain subject to the full fees for such advertising content. The Advertiser will not be entitled to a refund of any fees already paid by the Advertiser if the advertised content has been deleted or removed from the Website.
4.2 The Supplier may refuse or delete any Advert or any advertising content provided an Advertiser if:
- 4.2.1 the Advert or advertising content is not consistent with the Supplier's advertising policy as defined in clause 9;
- 4.2.2 the Advert or advertising content does or is likely to breach any applicable law or regulation;
- 4.2.3 the Advertiser has breached or threatened to breach the terms of this agreement;
- 4.2.4 the Advert or advertising content is obscene, blasphemous, defamatory or infringes the intellectual property rights of any third party.
- 4.2.5 the Advert or advertising content has a detrimental effect on the quality and functioning of the Website.
- 4.2.6 the Advert or advertising content is duplicated or re-submitted to the Website by the Advertiser.
4.3 The Supplier may delete, suspend or refuse to accept Advert in the event of late or non-payment by the Advertiser.
4.4 The Supplier may move, change the position of, reduce or increase the size of, or edit an Advert or its advertising content on the Website at any time if necessary or desirable for the presentation of the Website.
4.5 Unless otherwise agreed, irrespective of action taken in relation to any Advert or advertising content pursuant to clause 4, the Advertiser will be subject to the full fees for such Subscription Advertising Services.
4.6 The Supplier shall not required to give the Advertiser notice prior to any action taken by the Supplier pursuant to clause 4.
4.7 The Advertiser will ensure that each Advert relates to a single property for sale or rent. In order to advertise additional properties the Advertiser must create an Advert for each individual property.
4.8 Adverts can be withdrawn from the Website at any time by the Advertiser.
5. Subscription, Pricing and Payment
5.1 Details of Subscription Advertising Services offered by the Supplier, shall be stipulated on the Website and displayed to the Advertiser during the order process.
5.2 The Supplier does not charge commission on properties sold or rented via the Website unless by prior arrangement between the Supplier and Advertiser.
5.3 Advertisers are charged in advance and on a recurring basis according to the Plan and Billing Period selected when ordering Subscription Advertising Services on the Website.
5.4 Subscription Advertising Services automatically renew the end of each Billing Period. Subscription Advertising Services shall continue on this basis unless or until terminated by either party as in accordance with clause 10.
5.5 The Supplier shall confirm on the Billing & Payment page of the Website the details of the Subscription Advertising Services ordered by the Advertiser.
5.6 Advertisers are required to provide billing details and a valid payment method. Advertisers can manage Billing Details and Payment Methods on the Billing & Payment page of the Website.
5.7 Advertisers authorise the Supplier to store billing details and payment method and to automatically charge the Advertiser’s payment method according to the Plan and Billing Period selected.
5.8 The fees charged by the Supplier for Subscription Advertising Services including UK rate VAT, if applicable, shall be that stipulated on the Website and displayed to the Advertiser during the order process.
5.9 Payments shall be made by the Advertiser in Euros
5.10 If the parties agree that the Supplier is to provide goods and/or services or resources in addition to Subscription Advertising Services, then such agreement will be reflected in further invoices, which will be deemed incorporated into this agreement. Once an invoice has been agreed by the Advertiser, the price for the goods and/or services shall be fixed.
5.11 In the event of late payment by the Advertiser, the Supplier shall be entitled to charge the Advertiser a late payment fee 15% of the outstanding balance to cover administrative charges. Any charges as a result will be added to a subsequent invoice. If payment has not been received within 30 days Advertiser details will be passed to a Debt Collection Agency for recovery of outstanding monies and the Advertiser will incur any additional costs that this action entails. Where a Debt Collection Agency has been appointed by us to recover money, any disputes or offers of payment must be made to the Debt Collection Agency using the contact telephone number or address on correspondence issued by them.
5.12 Where applicable, if any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the Subscription Advertising Services.
5.13 Should the Supplier need to engage the services of a law firm or debt collection agency to assist in the collection of the payment from the Advertiser, then the Advertiser agrees to pay the Supplier the full costs and commissions charged by the law firm or debt collection agency for such services plus an additional administration fee of 1000 Euros to compensate the Supplier for the additional administrative and management time required to collect the outstanding payment.
6. Ordering
6.1 All orders for Subscription Advertising Services shall be deemed to be an offer by the Advertiser to purchase Subscription Advertising Services under these Terms and Conditions.
6.2 All orders for Subscription Advertising Services are subject to acceptance by the Supplier.
6.3 The Supplier may choose not to accept an order for any reason.
7. Rights of Supplier
7.1 The Supplier reserves the right to periodically update prices on the Website, and these prices cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Advertiser places an order.
7.2 The Supplier reserves the right to withdraw Subscription Advertising Services from the Website at any time. The Supplier shall not be liable to anyone for withdrawing Subscription Advertising Services from the Website or for refusing to process an order.
7.3 The Supplier reserves the right to reproduce, publish and distribute advertised content from any Advert submitted to the Website when undertaking its own marketing activities.
7.4 The Supplier reserves the right to terminate Subscription Advertising Services if the Advertiser enters into any form of insolvency including and not limited to bankruptcy, liquidation, administration and receivership
7.5 The Supplier reserves the right terminate or suspend some or all of the Subscription Advertising Services immediately if the Advertiser breaches any term of this agreement, and any payment due remains payable and, if already paid, will be non-refundable.
8. Performance
8.1 The Supplier makes no representation or warranty that all or part of the Website will be accessible at all times.
8.2 The Supplier shall begin to perform the Subscription Advertising Services after payment has been received and an Advert has been processed by the Supplier.
8.3 The Supplier shall perform the Subscription Advertising Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Subscription Advertising Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Subscription Advertising Services will be complete, accurate, secure, up to date, received or delivered correctly or at all.
8.4 The Supplier may have to suspend the Subscription Advertising Services for legal, technical, repair, maintenance or improvement reasons. In this case, the Supplier will resume Subscription Advertising Services as quickly as is reasonably possible. The Supplier will try to provide the Advertiser with as much notice as possible, but prior notice may not always be feasible for a variety of reasons.
8.5 The Supplier will send enquiries generated via the Website to the Advertiser by email.
8.6 The Supplier will make every effort to ensure that email enquiries generated via the Website reach the Advertiser in a timely fashion. Email, however, is not considered to be 100% reliable and as a result the Supplier retains copies of every enquiry and publishes them within each Advertiser's account. These copies are available for the reference of Advertiser and the Supplier.
8.7 As part of Subscription Advertising Services the Supplier will manually check the Advert submitted to the Website to ensure they are listed in the correct sections of the Website.
8.8 As part of Subscription Advertising Services the Supplier will send a test enquiry to the Advertiser.
8.9 Social Media Promotion offered by the Supplier as part of Subscription Advertising Services is carried out entirely at the discretion of the Supplier and will be performed within 3 months of an advert being initially published on the Website. Social Media Promotion may also be performed on multiple occasions by the Supplier if an Advert is published on the Website for longer than 3 months
8.10 Professional Translation offered by the Supplier as part of Subscription Advertising Services will be performed within 5 working days of an advert being published on the Website. Professional Translation is only offered from French to English and English to French.
9. Advertised Content
9.1 The Advertiser will ensure that all advertised content or other information provided by the Advertiser is legal, decent, honest, accurate and not misleading in any way and the Advertiser will not use the Website for any fraudulent or illegal purposes.
9.2 The Advertiser will ensure that all advertised content complies with all applicable legislation, regulations, codes and guidelines. The Advertiser will also ensure that advertised content does not contain material that is obscene, blasphemous, racist, defamatory or infringes the intellectual property rights of any third party or may otherwise be legally actionable by any third party.
9.3 Advertisers will receive Users' enquiries from the contact form provided on each Advert. Except by prior arrangement, Advertisers will not provide additional contact details such as email addresses, external websites or telephone numbers within the content of an Advert as this cannot be tracked and may disguise the effectiveness of an Advert.
9.4 The Supplier will have sole control over the “look and feel” of the Website, including the Advert submitted by the Advertiser. This includes the design, appearance, and placement of respective names and brands.
10. Cancellation
10.1 The Advertiser has the right to cancel the Contract at any time; however the Supplier will not be liable to refund any charges already paid by the Advertiser.
10.2 The Advertiser may cancel at any time via the Billing & Payment section of the Website or by contacting the Supplier customer support team.
10.3 Once an Advertiser cancels, no additional fees will be taken. The Advertiser will retain access to their Subscription Advertising Services until the end of the current billing period.
10.4 Either party may at any time, by notice in writing, terminate the Contract forthwith if the other party is in breach of the terms and such breach is not capable of remedy.
11. Limitation of Liability
11.1 Except as may be implied by law where the Advertiser is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Advertiser shall be limited to damages which shall in no circumstances exceed the price of the Subscription Advertising Services and the Supplier shall under no circumstances be liable for any indirect, incidental, loss of revenue, loss or goodwill or reputation, loss of opportunity, consequential loss or damage whatsoever.
11.2 The Supplier shall under no circumstances be liable for any indirect, incidental, loss of revenue, loss or goodwill or reputation, loss of opportunity, financial loss, consequential loss or damage whatsoever suffered by the Advertiser following transactions initiated with Users who have made contact with the Advertiser via the Website.
11.3 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
12. Waiver
12.1 No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.
13. Severance
13.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
14. Force Majeure
14.1 The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, terror, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.
15. Personal Data
15.1 The Advertiser must read the Supplier's Privacy Policy, as it forms part of these Terms and Conditions.
16. Changes to Terms and Conditions
16.1 The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Advertiser upon making a purchase.
16.2 Any renewal of the Subscription Advertising Services will be subject to the Supplier's then current Terms and Conditions.
17. Governing Law and Jurisdiction
17.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Private Owner Advertising