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TERMS AND CONDITIONS OF USE
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By using the website to receive leads or otherwise you accept these terms as binding upon you
Totallymoving Limited has authorised Castle Surveyors Limited (hereinafter referred to as The Company) to use all logos, trademarks, websites or otherwise and is a company registered in England and Wales, Registered Number 04478237 Registered Address 2 Southwood Close, Walkford, Christchurch, BH23 5RW.
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Castle Surveyors Limited (The Company) is based at the same office address, company Registered Number being 05117824 VAT Registration Number GB 220 9855 07. This Company is authorised by Totallymoving Limited to use their logo, websites, company name or other identifying features and are considered to be acting as its agents in all respects and these terms are therefore applicable between Castle Surveyors Limited and the entity or person confirming agreement to them.
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These terms and conditions describe the conditions of your use, as a Service Provider, of the Website services. As a Service Provider, you agree to be bound by this agreement. If you are registering as a firm, you must have the authority to bind the firm to this agreement.
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The Company reserves the right to change and update its fees, terms and conditions, or guidelines at any time without notice.
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Interpretation
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The term "Service" refers to the utilization of Totallymoving.com (or associated domains including .co.uk, .net) along with all the features and data available on the website, as well as any other associated partner or affiliate sites where our search function is present.
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A "Service Provider" refers to any individual, business, or organization that The Company provides its Service to, as indicated by the information or details submitted during the registration process on the Website.
A "Prospective Client" or "User" refers to any person or organization that utilizes the website to search for services provided by Service Providers.
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The term "Website" refers to Totallymoving.com, as well as any other websites where the Service can be accessed through the search feature.
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Information of Service Providers" refers to the details that Service Providers publish on the Website, including information about their services, fees, and themselves.
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A "Lead" or "Referral" refers to a notification sent to a Service Provider, via the website, indicating that a search has been successfully conducted and saved in the database.
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A "Quote" or "Estimate" provided through the Website is an approximate cost for a service that may be offered to a User, but it is not binding on any party.
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Website Use
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The Company provides the Website as a platform for Service Providers to advertise and promote their Services to Prospective Clients through various search and promotional features. Service Providers are only permitted to use the Website for this intended purpose.
Upon registration for a Service Provider account, a username and password will be assigned or chosen by the Service Provider. Service Providers are responsible for keeping their login credentials confidential and must not share them with any third party. The Service Provider is accountable for any activities performed under their account.
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The Service Providers have access to their account control panel on the Website, where they can view and manage various aspects of their account, such as their company profile, contact information, fee and disbursement rates used for cost estimates, postcode coverage, leads generated, and invoices.
Lead Generation Service
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The Service is a platform for advertising and lead generation exclusively available to surveyors and surveying firms that are accredited and regulated by the Royal Institution of Chartered Surveyors (RICS) or other Trade/Professional body that The Company may decide are acceptable. All decisions are made at the total discretion of a Director of The Company.
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In order to provide their services through the website or to users resulting from the website, Service Providers must be qualified and/or registered with appropriate trade bodies. Additionally, Service Providers should hold professional indemnity and public liability insurance suitable for the services they offer on the website. The Company may ask and the Service Provider MUST provide, copies of any relevant documentation reasonably requested by The Company to show compliance with this clause or indeed otherwise as may be deemed necessary.
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The Service Provider guarantees that all information provided for the delivery of the Service is accurate, not deceptive, and does not misrepresent the services provided. Furthermore, the information should be lawful, inoffensive, and not defamatory to any other Service Provider, Prospective Client, or third party.
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Service Providers are responsible for ensuring the accuracy of their provided information, and The Company disclaims any responsibility for inaccuracies or other mistakes displayed.
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The website is designed to allow Service Providers to advertise and market their services to Prospective Clients and generate leads through the Website’s search feature. When a lead is received, the Service Provider is responsible for contacting the User if they choose to pursue the opportunity. The Company is not liable for the outcome of any leads or the communication between the Service Provider and the User.
Fees and Payment
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The Company reserves the right to charge a fee to Service Providers for each Lead that is generated via the Website. The fee structure may be changed by The Company at its discretion, but any such changes will be communicated to the Service Providers beforehand. It is the responsibility of Service Providers to keep a record of the fees and pay any outstanding balances in a timely manner.
Invoices for Leads will be created and made available to Service Providers on at least a monthly basis. Service Providers are accountable for making prompt payment (prompt for this purpose means within 7 days of such payment being due) of these invoices. If invoices are not paid within the specified timeframe, the Service Provider's account may be suspended or terminated without further notice.
Termination
The Company reserves the right to terminate the Service and this agreement at any time without notice if the Service Provider breaches any terms and conditions, misuses the Service, fails to pay outstanding fees, or if The Company believes that the Service Provider's actions may cause harm or damage to The Company, Website or its Users, associated companies or other Service Providers.
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The Service Providers have the right to terminate their account and this agreement by giving written notice to The Company. In the event of termination, the Service Provider must settle any outstanding fees or other monies due to The Company
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Liability
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The Company provides the Service on an "as is" basis and makes no guarantees that the Website or Service will be free of errors or interruptions. The Company disclaims all express or implied warranties, including but not limited to warranties of accuracy, non-infringement, merchantability, and fitness for a specific purpose.
In the event of any claims arising from the use of the Service or this agreement, The Company’s liability is limited to the amount paid by the Service Provider for the Service provided, i.e. the cost of the lead generated and nothing more.
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The use of the Website or Service by the Service Provider, Users, or any third party is at their own risk, and The Company assumes no responsibility for any loss, damage, or injury that may occur. Service Providers agree to indemnify, defend, and hold harmless The Company, its directors, officers, employees, agents, and affiliates from any claims, damages, losses, or expenses, including reasonable attorneys' fees, resulting from the Service Provider's use of the Website or Service, any breach of this agreement, or any violation of applicable law.
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Governing Law
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The laws of England and Wales shall govern any disputes arising from or related to this agreement. Both parties consent to the exclusive jurisdiction of the courts of England and Wales for any dispute arising from or related to this agreement.
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Miscellaneous
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This agreement represents the complete and comprehensive agreement between the parties regarding the subject matter discussed and replaces all prior discussions, understandings, and agreements, regardless of whether they were written or oral, on the same subject between the parties.
In case any provision of this agreement is found to be unenforceable or invalid, that specific provision shall be restricted or removed to the minimum necessary extent so that this agreement can still be fully effective and enforceable.
No waiver of any term or condition of this agreement will be interpreted as a continuing or further waiver of that same term or condition or any other term or condition.