Terms and conditions
1.1 CUCOMPARE LIMITED (company number NI636044) whose registered office is 16-18 Belmont Road, BT4 2AN (“us” “we” “our”) operates the website www.cucompare.co.uk (“Website”) which enables our clients, site visitors and property owners (“Customer”) considering selling or letting a property (“Property”) to be contacted by Estate Agents (“you”) providing services either in the postcode area in which the property is situated or within the pre-selected postcode area you wish to commence marketing in. We will give you the opportunity to provide a standard pre-set quotation or estimate (“Quote”) for the right to market the Property. You will also be given the opportunity provide one additional quotation (“Revised Quote”) in order that it accurately reflects and confirms the fees you ultimately wish to offer. The operation of the Website by us to provide the functionality as set out in these Terms (defined below) shall for the purpose of these Terms be referred to as the “Services”.
1.2 You agree that you shall be bound by these terms and conditions (“Terms”) in relation to your use of our Website and the Services we provide.
1.3 It is important that you read these Terms carefully as they contain information about your rights and responsibilities when using our Website and Services. If for any reason you do not agree to or consent to any of these Terms then you should cease using our Website immediately and you shall not be entitled to receive our Services.
1.3a Throughout this website we may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
2.1 In order to use the Services you will be required to provide us with specific business and/or personal details to validate or confirm the details we already hold about you so that we can open an account on your behalf (“Agent Account”).
2.1a When registering to use the Website we will provide you with a username and password. You remain responsible for all actions taken under the allocated username and password and undertake not to disclose your username and password to anyone else and to keep them secret and secure. The username and password cannot be changed without our prior consent.
2.1c We may contact you by using e-mail, telephone and other electronic communication methods and by pre-paid post and you expressly agree to this.
2.1d You will be required to disclose a standard pre-set Quote or estimate for services which will be sent to Customers seeking a quotation to sell or let a property. You will also be required to select the post code areas in which you wish to operate or provides services, one of which must be the same as your business address, in your Agent Account Area (“Dashboard”).
2.2 Periodically we may send you anonymised details concerning a property owner (“Customer”) and their Property (“Lead”) via your Dashboard. You may also receive notification via email that a Lead has been generated.
2.2a As customers can request a valuation immediately, periodically we may also send you a “Valuation Request” which will include the personal contact details of a property owner (“Lead”). You must contact the customer as quickly as possible (during normal working hours) if you receive a request of this nature.
2.2b You agree to regularly login to your Dashboard in order to check for new leads which may require your attention or require you to resubmit a revised quote in order to secure potential marketing rights.
2.3 By creating an Agent Account with us, you agree to be bound by these Terms. On each occassion a Lead is sent to you a new contract is formed between you and us, which shall be subject to these Terms (“Contract”).
2.4 Following receipt of any Lead you must not attempt to make contact with the Customer in any way other than as authorised by these Terms.
2.5 Unless you have already been given the contact details of a Customer (as per clause 2.2a), if you wish to gain agreement to market the Property following receipt of any Lead, you may submit, via your Dashboard, a Revised Quote setting out any new or amended terms on which you are willing to market the Property.
2.6 We will use our reasonable endeavours to forward any Revised Quote received from you to the Customer via their email account and their customer area dashboard.
2.7 If a Customer selects your Quote or Revised Quote and wishes to proceed with you by requesting a valuation, we will send you additional information relating to the customer and the Property, including their contact details.
2.8 If a Customer does not select your Quote or Revised Quote, we will not be able to advise you of the reason why.
2.9 If you are selected by the Customer you should contact the Customer directly by email, telephone or text (Short Message Service) and make your own arrangements with the Customer to agree the terms of your quote or estimate and the terms of your engagement for provision of services. We will have no involvement with such arrangements. You agree that any service you provide to the Customer shall be subject to your current and general policies, rules, terms and conditions.
2.9a You agree that you will not alter any quote or estimate produced by you which has led to a meeting with a Customer nor alter any revised quotation unless agreed by the customer other than when the following occurs – the estimated value indicated by the customer is outside the range they have originally selected once you have confirmed the market valuation of the property.
2.10 If the Customer contacts you directly to confirm that they want to use any of your services, you must notify us within fifteen days of having been contacted by the Customer; failure to notify us (without prejudice to any other rights we may have) may or can result in the termination of your Agent Account with us.
2.11 If you are instructed by the Customer to market their Property for sale or let you will be sent information setting out details of our referral Commission (defined in clause 5) and our bank account details and instructions on what to do (“Instructions”).
2.12 We will prepare any Instructions and send these to you. A copy of the Instructions may be available for download on your Agent Account.
2.13 You must notify us by via your Dashboard immediately after the property is sale agreed or let agreed and by email after exchange of contracts or completion takes place in relation to the sale of the Property; this can be done by selecting the appropriate box on the “property” list page of your Agent Account.
3.1 Other than as provided in clause 2 we shall have no responsibility for any act or omission of the Customer in any way whatsoever.
3.2 If we forward your Quote, Estimate or Revised Quote onto the Customer in accordance with clause 2.6, we cannot provide any assistance in relation to the actual sale or let of the Property, other than discussion on any general feedback we receive from any customer about services received and only if they specifically permit us to disclose this.
3.3 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 and dedicated servers in order to try and minimise related risk.
3.4 Whilst we will use our reasonable endeavours to ensure that our Website and Services are always available and any information we provide is accurate and complete we make no warranty in relation to such availability, accuracy or completeness. Your reliance or usage on such information is entirely at your own risk. In particular we make no warranty in relation to the availability, accuracy or completeness to third party links on the site.
3.5 The Services provided by us 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. You agree that you receive our services at your own risk.
3.6 We may suspend or terminate the Services for any reason and without notice.
4.1 You agree to comply with all the terms and conditions of these Terms.
4.2 You absolutely agree that all information you submit when creating your Agent Account, including but not limited to any memberships to professional bodies, is accurate, complete and not misleading, and that you shall immediately inform us of any changes or inaccuracies to such information.
4.3 Following receipt of a Lead you agree to provide any services in relation to the relevant Property in strict compliance with these Terms.
4.3a In the instance that you make a claim to us that a Customer had instructed you to provide services relating to the sale or let of a property or requested a valuation and you or your agency had attended that property within a period of 45 days before receipt of a Lead provided by us to you via the website then you must provide documentary evidence to our reasonable satisfaction within ten days that this has been the case. If you are unable to do so these Terms shall apply to your activities in relation to the Property and Commission shall be payable in respect of the sale or let of that Property in accordance with these Terms.
4.4 You undertake that all information relating to any Quote and any other information you provide to us or the Customer is accurate, complete and not misleading in any way and that you shall immediately inform us of any changes or inaccuracies to such information.
4.5 You agree to provide us within a reasonable time all such assistance and information as we may reasonably request from you from time to time.
4.6 You agree you shall keep us informed of any feedback you receive from the Customer in relation to our Services or your own service whether positive or negative and inform us immediately of any complaints received either about you or us.
4.7 You must not do anything or omit to do anything which may damage our reputation in any way.
4.8 You agree that any information we provide to you shall only be used by you as is necessary to enable you to provide your services to the Customer, relevant to the Website and the Lead we provide and you shall at all times comply with the all applicable laws, rules and regulations, including but not limited to the Data Protection Act 1998, in relation to your processing and storage of such data.
4.9 You agree to ensure that your use of the Website and the Services does not infringe the rights of any other person or body.
4.10 You agree that you will not do any of the following without our prior written agreement, either solely or jointly with or on behalf of any third party or individual directly or indirectly:
4.10.1 reproduce or copy data, information and material on the Website and any other material sent to you by us (“Material”) or make subsidiary works from it or change or in any way commercially exploit or misuse any of the Material;
4.10.2 distribute, transmit or publish any of the Material (including using it as part of any library, database, or similar service); or
4.10.3 produce a database in electronic or organised manual form by downloading and storing all or any of the Material for any reason at all.
4.11 You agree that with reference to the Website and Services you will not either solely or jointly with or on behalf of any third party directly or indirectly:
4.11.1 inflict libel or slander, harass, stalk, abuse, threaten or otherwise violate the legal rights (such as privacy and publicity) of others;
4.11.2 distribute, publish or circulate any defamatory, infringing, obscene, indecent or unlawful or objectionable material of information;
4.11.3 do anything which is in any way unlawful;
4.11.4 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;
4.11.5 make accessable, 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;
4.11.6 erase or 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;
4.11.7 falsify or misrepresent the origin or source of software or other material contained in a file that is uploaded;
4.11.8 advertise, promote or offer to sell any goods or services or conduct or forward surveys, contests or chain letters;
4.11.9 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
4.11.10 damage, interfere with or disrupt access to the Website or the Services or do anything which may interrupt or impair the Website’s functionality.
5.1 A commission is payable to us for providing you a lead or referral which concludes in the successful sale (a completed exchange of contracts for sale) or let (a lease being granted, signed and completed for let) of a property
5.1a Our commission payable by you to us in relation to the sale of the Property shall be set out in the Instructions, and in any event shall be calculated as follows: a fixed fee of £99.00 (our “Commission”). For Let Properties our commission is a fixed fee of £55.00
5.2 Our Commission shall be paid via one of the payment methods as set out in the Instructions. Otherwise, our bank account details shall be provided on the Website or otherwise.
5.2a You agree we may invoice the conveyancing solicitor or firm acting in the successful conclusion of a sale
5.3 All Commission shall be exclusive of VAT which shall be payable in addition to the Commission. Until further notice, no VAT will be payable.
5.4 If you fail to pay the Commission to us in accordance with these Terms, we may charge you interest at the rate of 4% above Barclays Bank base lending rate in force from time to time. Such interest shall accrue on a daily basis from the date the Commission became due.
5.5 For the avoidance of doubt, if a Contract is terminated, Commission shall still be due and payable to us if you market the respective Property within 24 months of the date on which we sent you the Lead.
5.6 No commission is payable during any “Free Trial” period.
6.1 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. We own the copyright and all other intellectual property rights (including but not limited to copyright, database rights, design rights (registered and unregistered) and trade marks) in the Material, the Website and the Services in general and your only right to use such rights is as set out in these Terms, any other use by you is prohibited.
6.2 To the extent that we use any content or other material provided by you or which otherwise relates to you, you grant us the right to use such content or material as is required in relation to the provision of the Services.
7.1 We may terminate the Contract immediately by giving notice to 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 the Terms governing the Contract and fail to remedy 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 remedy the breach.
7.3 If, following termination of the Contract for any reason, you choose to create another Agent Account at a later date, we reserve the right to charge you an administration fee, to be calculated at our sole discretion.
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 firstname.lastname@example.org
7.5 Termination of the Contract, however arising, shall not affect or prejudice the accrued rights of the parties as at termination or the continuation of any provision expressly or by implication intended to survive termination.
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 In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. This shall include 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 as specified in the relevant Memorandum, or where this is not so specified, the Commission that would have been payable under these Terms had the relevant Property been sold and when such liability does not relate to a specific Property our liability shall otherwise be limited to £500.
8.4 For the avoidance of doubt, we make no warranty to and are not in any way responsible for acts or omissions of the Customer.
8.5 All warranties expressed or implied whether by statute, common law or otherwise are excluded to the fullest extent permitted by law.
Your liability to us
9.1 You agree to indemnify us (cover all our losses) against all and any expenses, losses, liabilities, damages, costs incurred or suffered by us in relation to any claims or proceedings, which arise in any way from:
9.1.1 your use of the Website and Services;
9.1.2 any breach by you of these Terms;
9.1.3 any use of the Website or Services by anyone using your Agent Account; or
9.1.4 any claim made by the Customer concerning the services provided by you to them.
10.1 We shall not be in breach of our responsibilities under these Terms nor liable for any delay in performing, or failure to perform, any of our responsibilities under these Terms if such delay or failure results from events, circumstances or causes beyond our reasonable control.
10.2 We shall be entitled to change these Terms at any time in our sole discretion by providing an updated copy of these Terms on the Website. For the avoidance of doubt, any update to these Terms shall apply to the Contract with immediate effect upon the date they are uploaded to the Website.
10.3 We may serve notice upon you by any of the following means:
10.3.1 Via a general notice on the Website;
10.3.2 By email; or
10.3.3 In writing.
10.4 The Contract is between you and us. No other person shall have any rights to enforce any of its terms and for the avoidance of doubt, the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
10.5 We may transfer our rights and responsibilities under these Terms to a third party. You are not entitled to assign or transfer your rights or responsibilities under these Terms to a third party unless we consent in writing.
10.6 Each of the paragraphs of these Terms operates independently. In the event that any court or relevant authority decides that any of the terms are unlawful, the remaining terms will remain in full force and effect.
10.7 These Terms constitute the entire agreement between us in relation to your use of the Website and the Services.
10.8 If we fail to insist you perform any of your responsibilities under these Terms, of if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with these Terms.
10.9 These Terms shall be governed by Northern Ireland Law and Northern Ireland courts will have exclusive jurisdiction in relation to any dispute arising out of these Terms.
10.10 If you have any comments or questions relating to these Terms please contact us via email at email@example.com.