The Process

2.1 In order to use the Services you will be required to complete certain personal information about yourself (“Personal Details”) so that we can open an account on your behalf (“User Account”). In addition, you will be required to complete relevant property details (“Property Details”) in relation to the Property. It is your responsibility to ensure that these Personal Details and Property Details are correct.

2.2 We will send your pseudonymised Personal Details and Property Details to Estate Agents who operate in the area the Property is located (“Bid”). For a list of Estate Agents who operate in your area please see the relevant area of the Website. We will use our reasonable endeavours to ensure that your Personal Details and Property Details will be in such a format so that an Estate Agent cannot easily identify either you or the Property but we offer no form of guarantee that this will be the case.

2.3 Estate Agents that we submit the Bid too will be invited to submit a tender (“Quote”) in order to market the Property on your behalf. Please note that we cannot guarantee that a particular Estate Agent or indeed any Estate Agent will submit a Quote.

2.4 Once we receive a Quote we will use our reasonable endeavours to notify you that we have received a Quote. After quoting the agent will be supplied with a receipt email with your name but no contact details will be supplied to the agent. When creating a User Account, you will receive an email from us notifying you that a Quote has been received and inviting you to access your User Account.

2.5 You can select a number of Quotes to proceed with following which we will transfer such Personal Details as are requested by the Estate Agents along with all previously anonymised Property Details to the selected Estate Agents.

If less than 3 estate agents are selected before you exit our site, we may pass your data on to a maximum of 3 partner agents to contact you and assist in the possible sale of your property, as if you had selected them.

2.5(a) If you are letting the property and less than 3 letting agents are selected we will pass your data on to a maximum of 3 partner agents to contact you and assist in the possible letting or management of the Property.

2.6 The Estate Agents should then contact you in order to arrange a full valuation of the Property. We cannot provide you with any guarantee that an Estate Agent will at this stage contact you.

2.7 You should make your own arrangements with the Estate Agents in order to meet with them and agree to the Estate Agent’s Terms as well as any other relevant terms that may apply to your contractual relationship with the Estate Agents. For the avoidance of doubt we are not a party to any contract you enter into with the Estate Agents and we make no representation as to the reasonableness or otherwise of the Estate Agent’s Terms.

2.8 Please note that we are only provided with limited information, at a point in time, in respect of properties listed on our website. Estate Agents’ fees are calculated based on this limited information – as a result we cannot always guarantee Estate Agents will honour their marketing proposals (in respect of fees or otherwise) where a property differs from the information available. If an Estate Agent does not honour their marketing proposal you should notify us as so that we can update our system and/or remove the Estate Agent from our listings.

2.9 The Estate Agent has agreed to pay us a fee (“Commission”) as a percentage of the sale price of the Property which shall be taken out of the total commission the Estate Agent receives upon the sale of the Property. You agree to make the necessary arrangement with the Estate Agent in order to permit payment to us of the Commission out of the total commission due to the Estate Agent from the proceeds of sale of the Property.

2.10 You must notify us immediately after exchange of contracts and completion takes place in relation to the sale of the Property.

2.11 From time to time we may offer cashback (“Cashback”) upon completion of the sale of the Property. To the extent that we offer any such Cashback, you will only receive the Cashback subject to compliance with the terms on which it is offered.

Contract formation

3.1 By submitting your Personal Details and Property Details, you make an offer to us to use our Services and enter into a contract with us (“Contract”) which shall be subject to these Terms.

3.2 We reserve the right to reject your offer at our sole discretion. Your offer shall not be deemed accepted by us until we have emailed you a confirmatory message confirming your User Account details and the Contract between us and you shall be formed at the date and time we send the confirmatory message to you.

3.3 In consideration for us providing the Services you agree to provide your Personal Details and Property Details and to ensure that such details are correct.

Our responsibilities

4.1 We are not an Estate Agency, and we are not members of the National Association of Estate Agents.

4.2 Other than as provided within clause 2 we do not have any communication with the Estate Agent and we shall have no responsibility for any act, omission or responsibility by the Estate Agent in any way whatsoever.

4.3 We will use our reasonable endeavours to ensure that where relevant all Property Details and Personal Details are pseudonymised and we will use our reasonable endeavours to pass such information on to the Estate Agent in accordance with clause 2.

4.4 The information we provide about Estate Agents is compiled by us in good faith and collected from information in the public domain. We provide no warranty as to the accuracy of such information and your use or reliance on such information is entirely at your own risk.

4.5 We do not use and are not a party to the Estate Agent’s Terms that you may be asked to agree to before an Estate Agent markets the Property. You should read the Estate Agent’s Terms carefully and seek your own independent legal advice if you have any comments or questions in relation to them.

4.6 Whilst we will use our reasonable endeavours to ensure that the Website and Services are always available and the information we provide is accurate and complete we make no warranty in relation to such availability, accuracy or completeness. Your use or reliance on such information is entirely at your own risk.

4.7 We make no warranty that the Services or the equipment that makes the Services available shall be free from any viruses or anything else which may cause harm to your (or anyone else’s) computing equipment. However, we will make use of commercially available virus checking software in order to seek to minimise related risk.

4.8 The Services and the Website are provided on an “as is” basis. Other than as stated in these Terms we make no (and expressly exclude all) conditions, representation or warranties, express or implied, whether by statute, common law or otherwise, to the greatest extent permitted by law.

4.9 We may suspend or terminate, for any reason and without notice, the Services.

Your responsibilities

5.1 You agree to comply with all the terms and conditions of these Terms.

5.2 You must ensure that the Personal Details and Property Details you supply us with are correct, accurate, up to date and not misleading in any way. Furthermore you agree to notify us immediately if there are any changes to your Personal Details or the Property Details by accessing your User Account. A failure on your part to do this may result in your incurring potential future liability to the Estate Agent and may impact on the Services and/or us withdrawing the Services.

5.3 You agree to promptly provide us with all such assistance and information as we may from time to time reasonably request.

5.4 You warrant that you have the right to sell the Property or that the person on whose behalf you are selling the Property has the right to sell the Property.

5.5 You agree to comply with all applicable laws, regulations and these Terms that apply to your use of the Website and the Services.

5.6 You agree to ensure that your use of the Website and the Services does not infringe the rights of any other person or body.

5.7 You agree that you shall not do any of the following without our prior written consent, either solely or jointly with or on behalf of any third party directly or indirectly:

5.7.1 reproduce or copy information and material on the Website and any other material sent to you by us (“Material”) or create derivative works from it or modify or in any way commercially exploit any of the Material;

5.7.2 distribute, transmit or publish any of the Material (including using it as part of any library, archive or similar service); or

5.7.3 create a database in electronic or structured manual form by downloading and storing all or any of the Material for any purpose whatsoever.

5.8 You agree that in relation to the Website and Services you will not either solely or jointly with or on behalf of any third party directly or indirectly:

5.8.1 defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as privacy and publicity) of others;

5.8.2 publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful or objectionable material of information;

5.8.3 do anything which is in any way unlawful;

5.8.4 upload files that contain software or other material protected by intellectual property rights (or by rights of privacy) unless you own or control such rights or have received all necessary consents;

5.8.5 make available, distribute or upload any files that contain viruses, bugs, corrupted files, Trojan horses, worms or any other software or programs that may in any way cause damage or harm;

5.8.6 delete any other attributions, legal notices (including but not limited to copyright and trademark notices) or proprietary designations or labels in any file that is uploaded;

5.8.7 falsify the origin or source of software or other material contained in a file that is uploaded;

5.8.8 advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters;

5.8.9 impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or email address or try to mislead others as to the identity or origin of any communications; or

5.8.10 damage, interfere with or disrupt access to the Website or the Services or do anything which may interrupt or impair the Website’s functionality.

Intellectual property

6.1 All Material belongs to us or our licensors. In consideration of you complying with these Terms, we grant you a non-commercial, non-exclusive, non-transferable, royalty free licence to:

6.1.1 Retrieve, display and view the Material on your computer, tablet, mobile or similar device;

6.1.2 Print a single copy of individual pages of the Material and store such pages on your personal hard drive;

6.1.3 All for your personal, lawful and non-commercial use alone.

Charge and cancellation

7.1 We may terminate the Contract formed with you at any time and for any reason.

7.2 You may terminate the Contract with us if we have committed a material breach of these Terms and fail to rectify such breach within thirty days of notice from you and provided that in such notice you clearly indicate your intention to terminate the Contract with us if we fail to rectify the breach.

7.3 For the avoidance of doubt where we have supplied a Quote to you and the Contract is then terminated in accordance with these Terms, the Commission due to us from the Estate Agent will remain payable to us by the Estate Agent and your obligations to assist in relation to the payment of the Commission will continue.

7.4 If you decide to terminate these Terms, we would welcome any feedback from you regarding the Services provided to date and we would request you supply any such feedback by emailing us at feedback@netanagent.com.

Our liability to you

8.1 Nothing in these Terms shall limit or exclude our liability to you for death or personal injury where this is caused by our negligence.

8.2 We shall not be liable to you for any loss of profits, loss of time, loss of opportunity, loss of data, damage to reputation, loss of use of money, any consequential or indirect loss, or for any loss which is not reasonably foreseeable to us as a consequence of our breach of these Terms. This exclusion of liability shall apply to all such losses whether they are direct, indirect or consequential losses.

8.3 To the extent that we are liable to you our liability shall be limited to the Commission due to us from the Estate Agent in relation to the Property and as specified in the Memorandum.

8.4 For the avoidance of doubt, we make no warranty to and are not in any way responsible for goods or services that are supplied by third parties through or otherwise in relation to the Website or the Services. For example, we are not responsible for and shall not be liable to you, or to any third party, in relation to any act or omission of the Estate Agent. Any such matters must be taken up with the Estate Agent who are responsible directly to you for such matters.

8.5 All warranties expressed or implied whether by statute, common law or otherwise are excluded to the fullest extent permitted by law.