Terms & Conditions
DEFINITIONS
| 1. |
''We'' ''Us'' ''Our'' and ''BusinessSalesDirect'' refer to TheDirectNetwork.co.uk
Ltd Trading as BusinessSalesDirect. |
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| 2. |
''You'' and ''Your' ' refers to the Business Transfer Agency that has entered
into an agreement with BusinessSalesDirect to be bound by these Terms
and Conditions. |
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OUR COMMITMENT TO YOU
| We : |
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| 1. |
Will provide an internet listing service for the purpose
of displaying Your businesses for sale adverts (Advert Data) to visitors of
Our Website which can be found at: www.BusinessSalesDirect.co.uk |
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| 2. |
Will endeavor to provide access for You to add amend or remove Advert
Data on Our website between the hours of 6am and 10pm, 7 days a week; |
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| 3. |
Will endeavor to maintain the availability and performance of Our
website with a minimum uptime of not less than 99% in any 12 month
period; |
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| 4. |
Will endeavor to back up all Advert Data once every 24 hours
for the purposes of disaster recovery;
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| 5. |
Will notify You of changes to specification and/or format of the
administration pages of the website 48 hours in advance of such changes,
except where changes are necessitated by technical factors essential
to the proper operation of Our website; |
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| 6. |
Will endeavor to forward all electronic enquiries from potential
purchasers by email to Your appropriate email address
as soon as reasonably practicable after their receipt. In the event
of a failure to do so, We will notify You within 24 hours of Us becoming
aware of the failure; |
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| 7. |
Will conform to all applicable Data Protection Act requirements; |
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| 8. |
Will use reasonable endeavors to market the BusinessSalesDirect
website to prospective buyers in the UK and we
reserve the right to enter into on-line distribution agreements with
third parties whereby Our Advert Database can be accessed
on third party sites (e.g. general portals) with the aim of maximizing
the number of people viewing Your Advert Data. You may choose not
to have Your Advert Data displayed on third party sites by sending
us written notice of Your request; |
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| 9. |
Warrant that no other member organization will have access to the
details of Businesses for sale by You, or to customer information
provided to Us for the purposes of receiving information from You
concerning Businesses for sale or concerning potential instructions.
For the avoidance of doubt, this warranty applies equally to Our investors;
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10. |
Grant You the right to use Our logo and name in any advertising, promotional
material and displays in accordance with any instructions that we
may issue from time to time. |
YOUR COMMITMENT TO US
| You: |
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| 1. |
Will ensure that you have good title to the Advert Data being
provided to Us and that the reproduction or publication of the Advert
Data by Us will not breach any contract or infringe any copyright,
trademark or any other personal or proprietary right of any person,
or render Us liable to any claim whatsoever and you will indemnify
and hold us harmless against any third party claim that use of the
Advert Data infringes the intellectual property or other rights
of any third party; |
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| 2. |
Will be responsible for the accuracy and content of all Advert
Data that You upload to Our Website through the Agent Administration
Area. You will ensure that, were applicable, all information provided
to Us is compliant with the relevant local regulations, codes of practice
and other regulatory and compliance standards that may from time to
time apply to the advertising of Businesses For Sale; |
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| 3. |
Warrant to Us that the Advert Data You up load to Our website
through the Agent Administration Area, is of a professional and inoffensive
nature, that the mode of delivery of the Advert Data is to the best
of Your knowledge free from known viruses and disabling programs and
devices and that no information is supplied in breach of obligations
of confidentiality or against the wishes of the person from whom You
acquired it; |
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| 4. |
Will use reasonable endeavors to assist Us in identifying and remedying
any unauthorized obtaining and storage of Advert Data displayed
on Our website by You; |
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| 5. |
Agree that only information on businesses for sale through Your
office or offices listed on Our website will be up loaded to Our website
by You and displayed on Our website and that You will not cause business
information to be placed on Our website on behalf of third parties
where You have not secured an instruction from the third party; |
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| 6. |
Will use reasonable endeavors to update Your Advert Data to ensure
that the Advert Data is and remains accurate including but not limited
to any alterations to the price and sale status or withdrawal; |
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| 7. |
Will ensure that all payments due to Us pursuant to our pricing
structure, as noticed from time to time, are paid promptly in advance
of the period to which they relate. |
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GENERAL
| 1. |
No forbearance or delay by either party in enforcing its respective
rights will prejudice or restrict the rights of that party and no
waiver of any such rights or of any breach of any contractual terms
will be deemed to be a waiver of any other right or of any later breach; |
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| 2. |
Either party can immediately terminate the Agreement if the other
party enters into any form of insolvency including without limit liquidation,
bankruptcy, receivership, administration or is unable to pay its debts
as and when they fall due; |
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| 3. |
This Agreement, which includes the completed Membership Form and
these Terms and Conditions, contains the whole agreement between the
parties relating to the subject matter hereof and supersedes all prior
agreements, arrangements and understandings between the parties relating
to that subject matter. |
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PAYMENT TERMS
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You can make payments to Us by one of the following methods: |
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a) |
Monthly Standing Order - Monthly charges will be debited from Your
nominated bank account on the first working day of each calendar month
and relate to that month. |
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b) |
Quarterly Invoice - invoices will be sent quarterly in advance and
payment must be received within 28 days. |
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c) |
Annual Invoice – invoices will be sent quarterly in advance
and payment must be received within 28 days. |
| 2. |
If We are unable to collect a Standing Orders, or you have not
paid the invoice within the credit terms, then We reserve the right
to deactivate Your Membership and remove Your Advert Data and access
to the Agent Administration Area within 24 hours; |
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| 3. |
Your payments will be based on your preferred payment method as
indicated on your Membership Form. You will be obliged to pay for
the duration of the term specified. On expiration of the term this
agreement will continue subject to the provision of one month's notice
by either party. Changes to pricing on expiration of the term of the
agreement will be given at least one month prior to them coming into
effect; |
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| 4. |
Should you cease to subscribe to BusinessSalesDirect and subsequently
wish to rejoin, charges will then be at the prevailing BusinessSalesDirect
price; |
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| 5. |
A Reconnection Fee equivalent to one months membership per branch/office
in Your company network is payable to rejoin as a Member; |
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| 6. |
If you have entered into a Free Trial Membership, you will not incur
any fees, until we have your written agreement to continue at our
current rate. |
January 2005
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