www.propertypal.com,1.
INTRODUCTIONDevelopment Services: has the meaning given to it in clause 1.1.,1.1PropertyPal.com Limited (company number NI603400) whose ,registered address is Unit 2D Jennymount Business Park, North Derby ,Street, Belfast, BT15 3HN (PropertyPal, we, us or our) provides certain ,website development services (Development Services), and web, ,email and domain hosting services (Hosting Services) (the Hosting ,Services and Development Services together the Services) to our ,customer or clients (the Client, you or your), which are marketed ,through www.propertypaldesign.com (the Design Site),,from time to time.
,1.2The Services are provided by PropertyPal to Client subject to:,a.the commercial terms agreed between the parties from time to ,time in writing in relation to the Services (Commercial Terms);,b.the terms set out herein (the Hosting Terms).
,c.our privacy policy (Privacy Policy) available at,https://www.propertypal.com/privacy.
,d.our cookies policy (Cookies Policy) available at,htttps://www.propertypal.com/cookie-policy.
and ,e.any terms relevant to the Third Party Products provided by our ,third party licensors and suppliers, which are available on request,,in each case as may be amended from time to time,(together, the Agreement).,Where we additionally or independently provide to you property ,listing features, content and applications (together, the Listing ,Services), through our website(s) at www.propertypal.com and such ,other website as we may notify you about from time to time (together ,the Sites), then our general terms and conditions for estate agents ,and developers (General Terms) shall separately apply to the ,AgreementbetweenusandtherelevantMember(asdefinedinthe,General Terms).,1.3 Intheeventofanyconflictorinconsistencybetweenanyoftheterms,set out in clause 1.2, they shall take precedence in the order that they ,appear therein.,1.4Any proposal issued by us incorporating proposed commercial terms ,shallnotconstituteanofferandisonlyvalidforaperiodof30days,from its date of issue.,2.
DEFINITIONS AND INTERPRETATION,2.1 Thedefinitionsinthisclause2applyintheseHostingTerms.The,rules of interpretation in this clause 2 shall apply throughout the ,Agreement.
,Affiliate means any entity that directly or indirectly Controls, is ,Controlled by, or is under common Control with another entity.,Agreement: has the meaning given to it in clause 1.2.
,Client: has the meaning given to it in clause 1.1.,Client Information: has the meaning given to it in clause 3.1.
,Commercial Terms: has the meaning given to it in clause 1.2.
,Confidential Information: has the meaning given to it in clause 15.1.,Control meansthebeneficialownershipofmorethan50%ofthe,issued share capital of a company or the legal power to direct or ,cause the direction of the general management of the company or ,other entity, and controls and controlled shall be construed ,accordingly.
,Cookies Policy: has the meaning given to it in clause 1.2.,Data Protection Legislation: means, with respect to Personal Data ,relating to Data Subjects based in the UK, the General Data Protection ,Regulation(asdefinedinSection3(10)(assupplementedby,Section 205(4) of the UK Data Protection Act 2018) (UK GDPR), the ,UK Data Protection Act 2018, the UK Privacy Electronic ,Communications Regulations 2003 and any other relevant UK data ,protection or privacy legislation, and in respect of Data Subjects ,based in the Republic of Ireland or elsewhere in the European ,Economic Area, the General Data Protection Regulation ((EU) ,2016/679) (GDPR) and any other directly applicable European Union ,or Irish regulation relating to privacy or data protection.,Data Subject: has the meaning set out in Article 4(1) of the GDPR.,Effective Date: has the meaning given to it in clause 16.1.
,General Terms has the meaning given to it in clause 1.2.,Hosted Content: has the meaning given to it in clause 6.1,Hosted Site: means the site which is hosted by PropertyPal for the ,Client and in respect of which PropertyPal may provide Development ,Services.
,Hosting Services: has the meaning given to it in clause 1.1.,Hosting Terms: has the meaning given to it in clause 1.2.,Intellectual Property Rights: patents, utility models, rights to ,inventions, copyright and neighbouring and related rights, trade ,marks and service marks, business names and domain names, rights ,inget-upandtradedress,goodwillandtherighttosueforpassingoff,or unfair competition, rights in designs, database rights, rights ,touse,andprotecttheconfidentialityof,confidentialinformation,(including know-how and trade secrets), and all other intellectual ,property rights, in each case whether registered or unregistered and ,including all applications and rights to apply for and be granted, ,renewals or extensions of, and rights to claim priority from, such ,rights and all similar or equivalent rights or forms of protection which ,subsist or will subsist now or in the future in any part of the world.,Open-Source Software: means any software licensed under any ,form of open-source licence meeting the Open Source Initiative’s ,OpenSourceDefinition(http://www.opensource.org/docs/definition.,php), or anything similar.
,Personal Data: has the meaning set out in Article 4(1) of the GDPR.,Privacy Policy: has the meaning given to it in clause 1.2.,Project Plan: means the project plan for the Development Services ,agreed in writing by PropertyPal, including as set out in the ,Commercial Terms.
,PropertyPal: has the meaning given to it in clause 1.1.
,Services: has the meaning given to it in clause 1.1.,Site: has the meaning given to it in clause 1.2.,Third Party Costs: has the meaning given to it in clause 10.6.,Third Party Products: any third-party software products, ,applications or features to be incorporated into the Hosted Site and/,or the Site, including any relevant Open-Source Software.,VAT: has the meaning given to it in clause 10.6.
,Visitor: a visitor to the Hosted Site and/or the Sites (as the context ,requires).,2.2 ClauseheadingsdonotaffecttheinterpretationoftheAgreement.,2.3References to clauses are references to the clauses of these Hosting ,Terms.
References to section are to section of the Hosting Terms ,attached at the Appendix.
,2.4Unless the context otherwise requires, words in the singular shall ,include the plural, and in the plural shall include the singular.,2.5A reference to a statute or statutory provision is a reference to it as ,amended, extended or re-enacted from time to time.,2.6A reference to a statute or statutory provision shall include all ,subordinate legislation made from time to time.
,2.7Any words following the terms including, include, in particular, for ,example or any similar expression shall be construed as illustrative and ,shallnotlimitthesenseofthewords,description,definition,phraseor,term preceding those terms.,2.8References to content include any kind of text, information, image, or ,audio or video material which can be incorporated in a website for ,access by a visitor to that website.,2.9A reference to writing or written includes e-mail but excludes fax.,3.
ELIGIBILITY,3.1In entering into the Agreement, the Client represents and,warrants that:,a.all information provided by it to us (Client Information) is at the ,date of its submission true and accurate in all material respects.
,b.it is not dealing as a consumer for the purposes of the ,HOSTING TERMS,www.propertypal.com,Consumer Rights Act 2015 or equivalent local legislation (as 4.7For the avoidance of doubt, PropertyPal shall only provide the ,amended);DevelopmentServicesspecificallysetoutintheCommercialTerms,c.if an individual, the Client is 18 years of age or older.
and and Project Plan, and any other services shall be outside scope.
For ,d.the Client’s use or receipt of the Services will not violate any example, unless expressly scoped in the Commercial Terms or Project ,applicable law, regulation or code.Plan, PropertyPal does not provide: (a) any domain name registration ,3.2PropertyPal reserves the right to take any steps at any time to satisfy and provide any necessary details and logins to PropertyPal in a timely ,itself that all or any of the Client Information is and remains true and manner).
(b) any web or mobile browser testing services (i.e.
checking ,accurate in all respects, and the Client shall provide all co-operation relevant web browsers for obvious bugs or errors), other than those ,and assistance reasonably required by PropertyPal to so satisfy itself.
browsertestingServicesspecificallymentionedintheCommercial,3.3PropertyPal reserves the right to terminate the Agreement and the assisting the Customer developing or preparing any Hosted Content.
,provision of Hosting Services immediately (and without notice) if at ,any time:HOSTING SERVICES,a.it is unable to satisfy itself that the Client Information is true and ,accurate in all respects.
or4.8Upon acceptance of the Hosted Site, or in circumstances where ,b.the Client is in breach of any of the representations or PropertyPal is not providing Development Services, PropertyPal shall ,warranties set out in clause 3.1.
provide the Hosting Services and host the Hosted Site from the ,4.
SERVICESaddition to any further period agreed between the parties in writing.
,4.1In consideration of the fees set out in the Commercial Terms, 4.9PropertyPal shall use all reasonable endeavours to make the Hosting ,PropertyPal will provide the Services to the Client on and subject to Services (where applicable) available 24 hours a day, 7 days a week, ,the Agreement.except for scheduled or unscheduled maintenance periods, and will ,DEVELOPMENT SERVICESreasonable skill and care.,4.2As part of the Development Services, PropertyPal shall design, develop 4.10As part of the Hosting Services, PropertyPal will provide a reasonable ,and deliver the Hosted Site in in accordance with the Project Plan.
of level of support via email and telephone to the Client relating ,4.3Once PropertyPal has completed the design and development of the during PropertyPal’s standard business hours and subject to fair ,Hosted Site in accordance with the Project Plan, PropertyPal shall run usage restrictions and in accordance with any requirements for ,any agreed Acceptance Tests, to test compliance of the Hosted raising support tickets which PropertyPal may introduce from time ,SitewiththeProjectPlan,andshallaffordtheClientanopportunitytoto time.
PropertyPal reserves the right to charge for any support work ,commentonanyissueswiththefirstbuildofanyHostedSitepriortoundertaken in excess of these requirements, including without ,the Acceptance Tests being completed.
limitation any work relating to the Client’s own software or hardware ,4.4Acceptance of the Hosted Site shall occur when the Hosted Site has required in relation to Third Party Products.
,materially passed the Acceptance Tests, which shall be repeated until ,same occurs, as determined by PropertyPal in its reasonable GENERAL SERVICES,discretion.
PropertyPal shall notify the Client when the tests have ,beenpassed,actingreasonably.IftheClientnotifiesPropertyPalthat4.11The Agreement sets out the full extent of PropertyPal’s obligations ,it considers that the Acceptance Tests have not been passed, the and liabilities in respect of the supply of the Services.
All conditions, ,parties shall use all reasonable endeavours to resolve any outstanding warranties or other terms concerning the Services which might ,issues, but if the parties cannot reach agreement within 4 (four) weeks otherwise be implied into the Agreement or any collateral contract ,ofPropertyPalfirstnotifyingtheClientthatitconsideredthe(whether by statute or otherwise) are hereby expressly excluded.,Acceptance Tests to have been successfully completed, the ,Acceptance Tests shall be deemed completed where, in PropertyPal’s 4.12PropertyPal does not warrant that the use of the Services (where ,reasonable opinion, the Hosted Site conforms with the requirements applicable) will be uninterrupted or error free nor that the Services ,of the Agreement, or any failure in conformance is attributable to a (where applicable) will meet the Client’s requirements.
,Non-Supplier Defect (as noted in clause 4.5 below) or otherwise under ,the circumstances set out in clause 4.6 below.
4.13The Client acknowledges that PropertyPal’s ability to provide the ,4.5If PropertyPal determines, in its reasonable discretion, that any failure Client (which the Client agrees to provide), as well as the accuracy ,to pass the Acceptance Tests, results from a defect which is caused by andcompletenessofthedesignspecificationsandanyother,an act or omission of the Client, or by one of the Client’s sub-information, materials or data provided by the Client.
Accordingly, the ,contractors or agents for whom PropertyPal has no responsibility Client shall provide PropertyPal with access to, and use of, all ,(Non-Supplier Defect) (including where such a defect means information, data and documentation reasonably required by ,PropertyPal are unable to progress the Development Services) PropertyPal for the performance by PropertyPal of its obligations ,the Hosted Site shall be deemed to have passed the Acceptance Tests under the Agreement.
,notwithstanding such Non-Supplier Defect.
PropertyPal may provide ,assistance reasonably requested by the Client, where reasonable 4.14Any Third Party Products shall be supplied in accordance with the ,possible, in remedying any Non-Supplier Defect by supplying relevant licensor’s standard terms which are available on request ,additional services or products.
The Client shall pay PropertyPal in full (Third Party Licences) and Client agrees to be bound to the relevant ,for any additional services and products that are required by Client thirdpartiesbysuchlicencetermsandtoensurethatitsAffiliatesare,and agreed to by PropertyPal at PropertyPal’s then current fees and bound under similar obligations owed to the relevant third parties.
,prices.Client agrees to indemnify and hold PropertyPal harmless against any ,4.6Acceptance of the Hosted Site shall also be deemed to have taken breach of such terms howsoever arising.
PropertyPal may treat ,place upon the occurrence of any of the following events: (a) the Client Client’s breach of any Third-Party Licence as a breach of the ,uses any part of the Hosted Site for any revenue-earning purposes or Agreement.,to provide any services to third parties other than for test purposes.
,or (b) the Client unreasonably delays the start of the relevant 4.15This Agreement shall not prevent PropertyPal from entering into any ,Acceptance Tests or any retests for a period of seven working days other arrangement or agreement (including, a similar agreement) ,from the date on which PropertyPal is ready to commence running with any other party.
,such Acceptance Tests or retests.
or (c) acceptance is deemed to have ,taken place under clauses 4.4 or 4.5.
4.16Any dates given or timeframes provided by PropertyPal in respect of ,services (Customer must obtain and maintain its own domain names ,Terms or Project Plan which PropertyPal shall undertake.
and (c) , ServerforatleasttheperiodspecifiedintheCommercialTerms,in,perform the Development Services (where applicable) with ,to any defect or issue with the Hosting Services themselves ,through which the Hosting Services are accessed, or any support ,Services is dependent upon the full and timely co-operation of the , lossofdamagewhichitmaysufferorincurasaresultofClient’s,the Services, including within the Commercial Terms, shall be ,www.propertypal.com,estimates only and shall not be of the essence.
e.any content promoting information that is or could be construed ,5.
CHANGE CONTROLthat is objectionable, abusive, threatening, obscene, defamatory or ,5.1Client may, by giving written notice to PropertyPal at any time during f.any content that promotes an illegal or unauthorised copy of ,the term of the Agreement, request a change to the scope of another person’s copyrighted work or otherwise infringes a third ,the Services (including any agreed Project Plan with respect to any party’s Intellectual Property Rights.,Development Services).
,5.2Within a reasonable period following receipt of such notice, provided by other persons or entities to us for inclusion on the Site may ,PropertyPal shall, at its standard rates then in force, prepare for Client contain such unacceptable material, products or services, and PropertyPal ,a written estimate of any increase or decrease in the applicable fees, assumes no responsibility or liability to you in respect of such material, ,andofanyeffectthattherequestedchangewouldhaveonanyproducts or services.,estimated timescales the parties have been working towards.,5.3Within 7 days of receipt of the written estimate referred to in clause ,5.2, Client shall inform PropertyPal in writing of whether or not Client 8.1The following is a non-exhaustive list of the type of activity that is ,wishes the requested change to be made.
If the change is required, prohibited on Hosted Site and through your use of it.
PropertyPal ,PropertyPal shall not make the requested change until the parties reserves the right to investigate and take appropriate action against ,have agreed in writing (including by email) the terms on which such any person or entity who, in the opinion of PropertyPal, violates this ,change will be serviced specifying, in particular, any changes to the clause 8.1, including, without limitation, reporting such person or ,applicable fees.
entity to law enforcement authorities.
Prohibited activity includes, but ,6.
HOSTED CONTENTa.incitement to racial hatred, incitement to terrorism, fraud, ,6.1 TheClientrepresentsandwarrantsthatitownsorhassufficientright,material, pornography, drug dealing, sending of viruses or other ,title and interest in and to all material, data and content incorporated harmfulfiles,copyrightinfringement,trademarkinfringement,,on, stored on, featured on, or accessible via a Hosted Site (Hosted breachofconfidenceortheftoftradesecretsoranycriminal,Content) (including emails) and has all legal rights necessary to submit activity, tortious act or civil wrong.
,and display same on the Hosted Site and made all necessary b.transmitting any chain letters or junk email to other users.
It is ,payments for same (save only to the extent that PropertyPal has also prohibited to use any information obtained from the ,specificallycommittedtoprovidingtheseaspartoftheServiceswithinServices in order to contact, advertise to, solicit, or sell to any ,theCommercialTerms),andshallmaintainsufficientarchivesandother person or entity without the prior consent of that person ,back-ups from time to time of the Hosted Content.
PropertyPal shall or entity.
,follow its own archiving procedures in respect of the Hosted Content.
c.any automated use of the Hosted Site, such as using scripts to ,In the event of any loss or damage to the Hosted Content, the Client’s perform automated operations.
,sole and exclusive remedy shall be for PropertyPal to use reasonable d.interfering with, creating an undue burden on, or disrupting the ,endeavours to restore the lost or damaged Hosted Content from the Hosted Site or Hosting Services or the networks or services ,latest back-up of such Hosted Content held by PropertyPal.
connected to same, including by attempting to conduct any ,PropertyPal shall not be responsible for any loss, destruction, vulnerability testing on the Server or Hosted Site without ,alteration or disclosure of the Hosted Content caused by any third PropertyPal’s prior written consent.
,party.
e.attempting to impersonate another person or entity.
,6.2Client shall be solely responsible for providing PropertyPal with all any time or disclosing your password to any third party or ,data, information or Materials (including any graphic design, permitting any third party to access your account.
,photographs, copyright text or illustrations) required in order to g.sellingorotherwisetransferringyourprofile;,provide the Services and develop any Hosted Site to the Project Plan.h.using any information obtained from the Hosted Site or Hosting ,6.3PropertyPal reserves the right to remove or amend or restrict any entity.
,content posted on the Hosted Site (including any Hosted Content) i.using the Hosted Site or Hosting Services in a manner ,that breaches the terms of the Agreement from time to time at its sole inconsistent with any and all applicable laws, regulations and ,discretion.codes.
,6.4All Hosted Content must be provided to PropertyPal by the date(s) computer device which you have accessed through our network, ,requested or required so as to permit PropertyPal to provide the unless authorised by the owner of the data.
,Services.
k.makingavailableoruploadingfilesthatcontainsoftwareor,6.5 ClientacknowledgesthatPropertyPalshallmakenoefforttovalidateyou or collecting information about others (e.g.
names/,any data, information or Materials provided by Client for content, addresses) without their prior consent;,correctness or usability.
Use of any materials provided by PropertyPal l.making available, uploading or distributing by any means any ,to Client is at Client’s risk and PropertyPal is not liable for the accuracy materialorfilesthatcontainanyviruses,bugs,corruptdata,,or quality of information obtained.“Trojan horses”, “worms” or any other harmful software.
and,7.
UNACCEPTABLE CONTENT informationcontainedinfilesmadeavailableviatheHostedSite.,7.1The Client warrants and represents that any Hosted Content will not 9.
THIRD PART CONDUCT,include the following items:,a.First names, last names, telephone numbers, street addresses 9.1Client is responsible for violations of the Agreement by anyone using ,(other than the address of the property being advertised), email the Hosted Site or availing of Hosting Services we provide to Client ,addresses or other contact details or information identifying private with Client’s permission or on an unauthorised basis as a result of ,individuals (i.e.
Personal Data relating to same), save where Client’s failure to use best security precautions to secure the Hosted ,compliant with law;Site and Hosting Services we provide to Client at the Client end.
,b.anycontentthatPropertyPaldeemsoffensive;Client’s use of the Hosting Services to assist another person in an ,c.any content promoting racism, terrorism, hatred or physical harm activity that would violate the Agreement if performed by the Client is ,against any group or individual.
any content which harasses or a violation of the Agreement.,advocates harassment of another person;,d.any content containing nudity or violent, sexually explicit or 9.2Clientmustusebesteffortstosecureanydeviceornetwork,otherwise objectionable subject matter;within your control against being used in breach of the applicable laws ,as false or misleading or as promoting illegal activities or conduct ,libelous.
or,Despite the restriction set out in this clause 7.1, it is possible that content ,8.
PROHIBITED ACTIVITY,is not limited to:,harassment, stalking, spamming, spimming, posting obscene ,f.using the account, username or password of another Client at ,Services in order to harass, abuse, or harm another person or ,j.modifying, accessing or making available data stored on a ,other material, data or information not owned or licensed to ,m.falsifying the true ownership of software or other material or ,www.propertypal.com,against spam and unsolicited email, including where appropriate Any applicable VAT shall be added to invoices or deductions by ,bytheinstallationofantivirussoftware,firewallsoftwareandPropertyPal at the applicable rate from time to time payable in ,operating system and application software patches and updates.
Our respect of the fees for the Services, as well as any Third Party ,right to suspend or terminate Client’s Service applies even if a breach Costs, which shall be re-charged to the Client at cost plus reasonable ,is committed unintentionally or without Client’s authorisation, administrativechargesandmark-up(whichmaybespecifiedinthe,including through a Trojan horse or virus.Commercial Terms from time to time).
,10.PAYMENT – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS 10.7Time for payment and performance of the Client’s other obligations ,CONDITIONshall be of the essence of the Agreement.
,10.1In return for provision of the Services you agree to pay the fees set 10.8Each party shall make all payments due under the Agreement in ,out in the Commercial Terms and to comply with the Agreement.
fullwithoutanydeductionwhetherbywayofset-off,counterclaim,,10.2The payment options available to Client are: court order requiring an amount equal to such deduction to be paid ,Direct Debit - these will be collected for any Hosting Services on resist enforcement of any judgment, should the party owed money ,the dates you have agreed with us in any Commercial Terms, or the be granted a judgment in enforcement of any money debt.
,14th of each month by default.
PropertyPal reserves the right to ,collect any overdue balances on your account via Direct Debit.
10.9Any out-of-pocket expenses incurred by PropertyPal in the provision ,Online Credit/Debit Card Payment - your monthly invoice will of the Services may be charged by PropertyPal on production of ,contain a link to make an online payment via credit or debit card.
This reasonable evidence of expenditure to Client.
Such invoices shall ,can be done at any time within the payment terms set out in the typicallybechargedwithPropertyPal’sfinalinvoice,butPropertyPal,invoice.reserves the right to charge for any expenses it deems material (in its ,Cheque - cheques should be made payable to “PropertyPal Limited” sole discretion) in advance of incurring same.,and must be received prior to the due date for payment set out in the ,invoice.10.10If any delivery is delayed at the request of Client, or due to any Non-,Bank Transfer - bank details are provided on our invoices and any Supplier Defect, including Client’s failure to provide materials or ,bank transfer should reach our account prior to the due date for Hosted Content within the required timeframes to permit ,payment set out in the invoice.PropertyPal to provide the Services, including by any timeframes ,The Client may not make payment to PropertyPal by any other means shall be entitled to (where applicable treating the Hosted Site as ,other than those detailed above without PropertyPal’s prior authority Accepted in accordance with clause 4.5 above) invoice Client for the ,provided to the Client in writing or electronic mail.
full balance for the Services in accordance with the applicable , AllinvoicesspecificallyraisedbyPropertyPalarepayablewithin14Additionally, if PropertyPal can demonstrate that the delay has ,days of the date of issue (or on the alternative date you have agreed resulted in an increase in cost to PropertyPal of carrying out its ,with us in any Commercial Terms).
obligations under the Agreement, PropertyPal may notify Client that ,10.3If PropertyPal has not received payment within 30 days of the exceeding any such demonstrable cost.
PropertyPal may invoice ,due date for payment, then, without prejudice to any other rights Client for any additional monies that become payable in this way, ,and remedies of PropertyPal: PropertyPal may, without liability to within 30 days of showing the increase in costs.
,the Client, disable the Client’s account and access to all or part of the ,Services, remove all or any of the Client’s listings under the General 11.WARRANTIES AND INDEMNITY,Terms (where that Client is also a Member) and take down any ,Hosted Site until such time as the outstanding payment and any 11.1Client is solely responsible for all Hosted Content and all liabilities ,interest thereon is paid in full by the Client.
and charge interest on and responsibilities arising in respect of same.
,any outstanding amounts, such interest to accrue on a daily basis on , suchdueamountsatanannualrateequalto14%overthethen11.2Client warrants, represents and undertakes that:,current base lending rate of Danske Bank A/S in Northern Ireland ,from time to time, commencing on the due date and continuing a.it holds the necessary rights to permit PropertyPal to host ,until fully paid, whether before or after judgment (and continuing the Hosted Content on the Hosted Sites, and shall be ,notwithstanding any termination or expiry of the Agreement), responsible for obtaining and paying for any applicable licences ,together with any legal fees, costs and disbursements it incurs to and consents for such content to enable PropertyPal to do so.
,collect any unpaid invoices.
Client expressly acknowledges that Client shall be responsible for any and all payments due to third ,such interest, fees and costs are reasonable in light of the importance parties as a result of such publications.
, toPropertyPalofcashflow,andthestagednatureofthePaymentb.none of the Hosted Content shall infringe the copyright or any ,Terms.other Intellectual Property Rights or proprietary rights of any ,10.4All amounts and fees stated or referred to in the Agreement shall be obscene or misleading or which violates the privacy or data ,payable in pounds sterling or Euro (depending on the currency in rights of any third party (including under the Data Protection ,which PropertyPal’s invoices are denominated).
are, non-cancellable Legislation).
Client warrants, represents and undertakes that the ,and non-refundable.use, reproduction, distribution or transmission of the Hosted ,10.5If an account is deemed to be operating outside PropertyPal’s credit or regulatory duty or any Applicable Laws or any rights of any ,terms, we reserve the right to insist on future payments being made third parties, including but not limited to, such violations as ,via Direct Debit for any Hosting Services.infringement or misappropriation of any Intellectual Property ,10.6The fees set out in the Commercial Terms document published invasion of privacy, violation of any anti-discrimination law or ,on the Site, or other Commercial Terms which PropertyPal may have regulation, or any right of any person or entity.
,negotiated separately with a Client in respect of the Hosting c.noneoftheHostedContentwillconstitutea“financial,Services, shall be exclusive of value added tax or other applicable promotion” within the meaning of the Financial Services and ,sales or consumption tax (VAT) (where chargeable) and any costs of Markets Act 2000, as amended, or that, if it does, it is permitted ,Third Party Products included, featured on or relating to: within that Act.
,a.the Hosted Site.
and/orand the services it provides, as well as all guidelines issued by ,b.the Hosting Services for which PropertyPal has to pay third PropertyPalfromtimetotimeandnotifiedtotheClient;,parties (the above together the Third Party Costs).e.it shall not do anything that may bring PropertyPal into ,discount, abatement or otherwise unless the other has a valid , bytheothertothefirstparty.Thepartyowingmoneyagreesnotto,that were contemplated in the Commercial Terms, PropertyPal ,payment terms notwithstanding such Non-Supplier Defects.
,it wishes to increase the applicable fees by an amount not , thirdpartyorcontainanythingwhichisdefamatory,offensive,,Content will not cause PropertyPal to violate any statutory ,Right, music, advertising, unfair competition, defamation, ,d.it shall comply at all times with all applicable laws relevant to it ,disrepute.
,www.propertypal.com,f.it shall be responsible for and ensure the accuracy and 13.DATA PROTECTION,completeness of the Hosted Content.
,g.it shall not, in any of the Hosted Content, seek to advertise or 13.1Both parties will comply with all applicable requirements of the ,promote any competitor of PropertyPal.
and Data Protection Legislation.
This clause 13 is in addition to, and ,h.that it will comply with the Privacy and Electronic does not relieve, remove or replace, a party’s obligations under the ,Communications (EC Directive) Regulations 2003 (as amended), Data Protection Legislation.
In this clause 13, Applicable Laws means ,or any successor or similar legislation having the force of law in (for so long as and to the extent that they apply to PropertyPal) the ,the UK and Ireland from time to time.
law of the European Union, the laws of either or both of the UK or the ,11.3Client shall indemnify and hold PropertyPal harmless against relevant domestic data protection legislation applicable to the ,all actions, proceedings, costs, damages, expenses, penalties, claims, Personal Data in question.,demands and liabilities (including consequential losses and loss , ofprofitandallreasonablelegalcostsandexpenses)arising13.2The parties acknowledge that for the purposes of the Data Protection ,from any breach by the Client of the Agreement.
This clause 11.3 Legislation, and in the context of any Personal Data hosted by , shallcontinueinfullforceandeffectnotwithstandinganyPropertyPal on the Hosted Site as part of the Hosting Services, the ,suspension, expiry or termination of the contractual relationship.Client is the data controller and PropertyPal is the data processor ,12.LIMITATION OF LIABILITY - YOUR ATTENTION IS PARTICULARLY definedintheDataProtectionLegislation).Otherwisetheparties,DRAWN TO THIS CONDITIONagree that each shall act as a Data Controller in relation to any other ,12.1Under no circumstances shall PropertyPal be liable for:which shall only be processed in the legitimate interests of the ,a.any indirect, consequential, incidental, special, exemplary or relevant Data Subjects for the purposes of administering and ,punitive loss, damage, costs or expenses.
ordelivering the Agreement as between the parties.
, b.
lossofprofit;or,c.loss of business.
or13.3Without prejudice to the generality of clause 13.1, the Client will ,d.loss of reputation.
orensure that it has all necessary appropriate consents and notices ,e.depletion of goodwill.
orin place to enable lawful transfer of the Personal Data to be hosted ,f.loss of, damage to, or corruption of data,on the Hosted Site to PropertyPal for the duration and purposes of ,even if such are foreseeable, and whether or not PropertyPal has ,been advised of the possibility of such losses, damages, costs or 13.4Without prejudice to the generality of clause 13.1, PropertyPal ,expenses.shall, in relation to any Personal Data processed in connection with ,12.2PropertyPal shall in no event be liable for any more than an amount Agreement:,equal to the total amount paid by you to PropertyPal in respect of 13.4.1process that Personal Data only on the written instructions of ,any Services in respect of which the liability arose.the Client unless PropertyPal is required by Applicable Laws to ,12.3PropertyPal makes no representations and hereby disclaims all ,warranties (express or implied) to the fullest extent permitted by ,law.,12.4PropertyPalshallhavenoliabilityforanyfailureordelayaffecting,production or transmission of the Hosted Site and any listing, or ,for otherwise failing to comply with its obligations under the ,Agreement, where such failure or delay results from any , governmentalaction,thirdpartyact,fire,flood,storm,insurrection,,power failure, riot, explosion, war or terrorist activity, embargo, ,strikes or other industrial action (whether legal or illegal), labour ,or material shortage, compliance with any law or governmental ,order, rule, regulation or direction, transportation interruption of ,any kind, work slowdown, transmitter or satellite degradation, ,failure of the internet or other technical facilities or any other ,interruption or failure or other condition beyond the reasonable ,control of PropertyPal.,12.5Nothing contained in the Agreement excludes or limits PropertyPal’s ,liability for death or personal injury caused by PropertyPal’s ,negligence or fraudulent misrepresentation, or for any other liability ,which cannot be excluded or limited as a matter of relevant law.,12.6On occasion, PropertyPal may include templates policies or ,documents as part of the Hosted Sites (for editing and completion ,by Client).
For the avoidance of doubt, PropertyPal does not ,provide legal advice and has not drafted any such policies or , documentsspecificallyforyourbusiness.It’syourresponsibility,to ensure that any such policies are accurate, complete and up-to-,date, including that they are revisited where Client changes its ,hosting services provider.
Client is also responsible for contacting ,PropertyPal periodically to determine whether any of the cookies ,listed in any template cookies policy have changed – PropertyPal ,will not proactively notify Client of such changes.
PropertyPal ,accepts no responsibility for your use of any template policy or ,document, and you use it entirely at your own risk.
You should ,seek your own advice on any legal or other documents that are used ,in association with your Hosted Site or business.
,Republic of Ireland (as applicable).
and Domestic Law means the ,(where Data Controller and Data Processor have the meanings as ,Personal Data shared between them pursuant to the Agreement, ,the Agreement.,the performance by PropertyPal of its obligations under the ,otherwise process that Personal Data (in such circumstances ,PropertyPal shall notify the Client of this before performing ,the processing required by the Applicable Laws unless ,those Applicable Laws prohibit PropertyPal from so notifying ,the Client);,13.4.2ensure that it has in place appropriate technical and ,organisational measures to protect against unauthorised ,or unlawful processing of Personal Data and against ,accidental loss or destruction of, or damage to, Personal ,Data, appropriate to the harm that might result from the ,unauthorised or unlawful processing or accidental loss, ,destruction or damage and the nature of the data to be ,protected, having regard to the state of technological ,development and the cost of implementing any measures;,13.4.3not transfer any Personal Data outside the UK or the ,European Economic Area (depending on the location of the ,relevant Data Subject to whom such Personal Data relates) ,unlessthefollowingconditionsarefulfilled:,13.4.3.1the Client or PropertyPal has provided appropriate safeguards ,in relation to the transfer;,13.4.3.2theDataSubjecthasenforceablerightsandeffectivelegal,remedies;,13.4.3.3PropertyPal complies with its obligations under the Data ,Protection Legislation by providing an adequate level of ,protection to any Personal Data that is transferred.
and,13.4.3.4PropertyPalcomplieswithreasonableinstructionsnotifiedto,it in advance by the Client with respect to the processing of ,the Personal Data;,13.4.4assist the Client, at the Client’s cost, in responding to ,any request from a Data Subject and in ensuring compliance ,with its obligations under the Data Protection Legislation ,withrespecttosecurity,breachnotifications,impact,assessments and consultations with supervisory authorities ,or regulators, provided always that the Client shall remain ,ultimately responsible for discharging and responding to any ,subject access request;,13.4.5notify the Client without undue delay on becoming aware of a ,Personal Data breach;,13.4.6at the written direction of the Client, delete or return Personal ,Data and copies thereof to the Client on termination of the ,agreement unless required by Applicable Law to store the ,Personal Data.
and,www.propertypal.com,13.4.7maintain complete and accurate records and information to that the persons mentioned in clause 15.3 are made aware, before ,demonstrate its compliance with this clause 13.
thedisclosureofanypartofPropertyPal’sConfidentialInformation,,13.5The Client consents to PropertyPal appointing the third-party to Client in terms similar to clause 15.3 (which Client shall ensure is ,processors of Personal Data set out in the Privacy Policy under the adhered to)., Agreement.PropertyPalconfirmsthatithasenteredor(asthecase,may be) will enter with the third-party processor into a written ,agreement substantially on that third party’s standard terms of ,business.
As between the Client and PropertyPal, PropertyPal shall ,remain fully liable for all acts or omissions of any third-party ,processor appointed by it pursuant to this clause 13.,13.6Whereapplicable,PropertyPalshallusereasonableeffortstoensure,the accurate migration of any data but gives no warranties as to the ,completeness or accuracy of such migration.
Client shall be ,responsible for checking the accuracy and completeness of the ,migrated data.
If such data includes Personal Data, PropertyPal shall ,return all copies of such Personal Data to Client on completion of the ,data migration process.,14.INTELLECTUAL PROPERTY,14.1All Intellectual Property Rights in the Site Software and any content ,of the Hosted Site provided by PropertyPal, but excluding the Hosted ,Content and any content provided by the Client, arising in connection ,with the Hosting Services and Hosted Site shall be the property of ,PropertyPal, and PropertyPal hereby grants the Client a non-,exclusive, non-transferable and personal licence of and to such ,Intellectual Property Rights for the purpose of operating the Hosted ,Site for the term of the Agreement.,14.2PropertyPal may include the statement “Designed and/or Powered by ,[NAME OF SUPPLIER]” on the home page of the Hosted Site.
,14.3You shall grant PropertyPal a non-exclusive, royalty-free, perpetual ,licence to copy, reproduce, display, publish, adapt and otherwise use ,the information and content received by PropertyPal from you for ,any purpose.
,14.4In connection with your receipt or use of the Services and Hosting ,Services, you may not post, modify, distribute or reproduce any ,Intellectual Property Rights or other proprietary information ,belonging to others without obtaining the prior written consent of ,the owner of such proprietary rights.,15.CONFIDENTIAL INFORMATION,15.1PropertyPal and the Client agree that any information obtained , abouttheother,oritsbusiness,finances,technologyoraffairs,which is not in the public domain (other than by breach of the ,Agreement or other unauthorised disclosure by any person), and ,which would be regarded by a reasonable business person as , confidentialand/orwhichisexpresslymarkedordesignatedassuch,by the disclosing party shall be regarded as the Confidential ,Information of that party.
,15.2InrelationtoClient’sConfidentialInformation:(a)PropertyPalshall, treatasconfidentialallConfidentialInformationofClientsupplied,under the Agreement comprised in the Hosted Content.
PropertyPal , shallnotdivulgeanysuchConfidentialInformationtoanyperson,,except to its own employees and then only to those employees ,who need to know it for the Permitted Purposes.
PropertyPal shall ,ensure that its employees are aware of, and comply with, this clause.
,and (b) PropertyPal may provide any subcontractor with such of , Client’sConfidentialInformationasitneedstoknowforthe, PermittedPurposes,providedthatsuchsubcontractorhasfirst, enteredintoawrittenobligationofconfidentialityowedto,PropertyPal (which PropertyPal shall ensure is adhered to).,15.3InrelationtoPropertyPal’sConfidentialInformation:(a)Clientshall, treatasconfidentialallConfidentialInformationofPropertyPal,contained or embodied in the software or documentation underlying ,the Services, or otherwise supplied to Client during the performance ,of the Agreement.
(b) Client shall not, without the prior written , consentofPropertyPal,divulgeanypartofPropertyPal’sConfidential,Information to any person other than: (i) Client’s Representative.
and , (ii)otheremployeesofClientoranyofitsAffiliateswhoneedtoknow,it for the Permitted Purposes.
and (c) Client undertakes to ensure , thatthesameisconfidentialandthattheyoweadutyofconfidence,15.4The restrictions imposed by clauses 15.2 and clause 15.3 shall , notapplytothedisclosureofanyConfidentialInformationwhich:,(a) is now in or hereafter comes into the public domain otherwise ,than as a result of a breach of those clauses.
(b) before any ,negotiations or discussions leading to the Agreement was already ,known by the receiving party (or, in the case of Client, any of its , Affiliates)andwasobtainedoracquiredincircumstancesunder,which the receiving party was (or, in the case of Client, Client and , itsAffiliateswere)notboundbyanyformofconfidentialityobligation;,(c) is required by law or regulation to be disclosed to any person ,who is authorised by law or regulation to receive the same (after ,consultation, if practicable, with the disclosing party to limit ,disclosure to such authorised person to the extent necessary).
or (d) ,is disclosed by PropertyPal when hosting the Hosted Site, on the ,basis that such information is intended to be made available by ,design.
,15.5Eachpartyshallnotifytheotherpartyifanyofitsstaffconnected,with the provision or receipt of the Services becomes aware of any , unauthoriseddisclosureofanyConfidentialInformationandshall, affordreasonableassistancetotheotherparty,atthatotherparty’s,reasonable cost, in connection with any enforcement proceedings ,which that other party may elect to bring against any person.,15.6Nothing in the Agreement shall prevent either party from using ,any tools, knowledge of which is contained in the unaided memory ,of such party’s personnel developed or disclosed under the ,Agreement, provided that in doing so such party does not breach , itsobligationsofconfidentialityunderthisclause15orbreachany,Intellectual Property Rights of the other party.
An individual’s memory ,is only “unaided” with respect to any information if the individual ,has not retained a copy of the information and has not intentionally ,memorised that information other than is required to perform the ,Services.,15.7The provisions of clause 15.2 notwithstanding, PropertyPal reserves ,the right to publicise the fact of this Agreement, the identity of Client, ,any Client testimonials, and details concerning the nature of the ,Software, Services and Works provided for, inter alia, marketing and ,promotional purposes.,15.8Client shall have all due regard to PropertyPal’s commercial standing ,and reputation, and not do anything (by act or omission) which may ,or might bring the standing or reputation of PropertyPal into ,disrepute, attract adverse publicity to PropertyPal or harm Client , confidenceintheContractor,includingmakinganydefamatory,,misleading or untrue comments about PropertyPal to any third ,parties.
,16.TERM &.
TERMINATION,16.1The Agreement shall be formed once the Commercial Terms are ,signed or otherwise agreed between the parties or you otherwise , takestepstoconfirmyouracceptance(expresslyorimpliedly)ofany, CommercialTermsissuedbyus,includingemailingtoconfirm,acceptance or making any payment to us (the Effective Date).
Any ,aspects of the Agreement related to the Hosting Services shall ,commence on the date agreed in any Commercial Terms applicable ,to such Hosting Services (the Hosting Date).,16.2The Agreement shall continue unless and until terminated in ,accordance with its terms, or until PropertyPal has delivered the ,Hosting Services for the duration agreed between the parties, at ,which point it shall automatically expire.
,16.3Withoutaffectinganyotherrightorremedyavailabletoit,either,party may terminate the Agreement (and the provision of Services , and/orHostingServices(asapplicable))withimmediateeffectby,giving written notice to the other party if: the other party fails to pay ,any amount due under the Agreement within 14 days of the due date ,for payment.
or the other party commits a material breach of any ,www.propertypal.com,other term of the Agreement which breach is irremediable or (if ,such breach is remediable) fails to remedy that breach within 17.2PropertyPal’s failure to exercise or enforce any right or provision , aperiodof14daysafterbeingnotifiedtodoso;ortheotherpartyof the Agreement will not be deemed to be a waiver of such right or ,repeatedly breaches any of the terms of the Agreement in such a provision.,manner as to reasonably justify the opinion that its conduct is , inconsistentwithithavingtheintentionorabilitytogiveeffecttothe17.3If any provision of the Agreement is found by a court of competent ,terms of the Agreement (on the basis set out in the Listing Guidelines, jurisdiction to be invalid or unenforceable (in whole or part), the , specificallythetrafficlightpolicytherein);ortheotherpartyparties nevertheless agree that the court should endeavor to give ,suspends, or threatens to suspend, payment of its debts or is unable effecttotheparties’intentionsasreflectedinthatprovision,andthe,to pay its debts as they fall due or admits inability to pay its debts or, otherprovisionsoftheAgreementwillremaininfullforceandeffect.,being a company, is deemed unable to pay its debts within the ,meaning of Article 103 of the UK Insolvency (Northern Ireland) 17.4No party other than PropertyPal or the Client shall have any rights to ,Order 1989 and/or Section 540 of the Irish Companies Act 2014, enforce any provision of the Agreement.,or the other party (being an individual) is deemed by PropertyPal ,as either unable to pay its debts or as having no reasonable prospect 17.5Any variation to the Agreement and any representation about its ,of so doing, or the other party (being a partnership) has any subjectmattershallhavenoeffectunlessexpresslyagreedin,partner to whom any of the foregoing apply.
or the other party (being writing and signed by our authorized representative on our behalf.
,an individual) is the subject of a bankruptcy petition, application or The Client acknowledges that it has not relied on any statement, ,order.
or the other party (being an individual) dies or, by reason promise or representation made or given by or on behalf of ,of illness or incapacity (whether mental or physical), is incapable PropertyPal which is not set out in the Agreement.
Nothing in , ofmanagingtheirownaffairsorbecomesapatientunderanymentalthis clause shall exclude or limit PropertyPal’s liability for fraudulent ,health legislation.
or the other party commences negotiations with misrepresentation.,all or any class of its creditors with a view to rescheduling any ,of its debts, or makes a proposal for or enters into any compromise 17.6PropertyPal reserves the right to alter or amend any terms ,or arrangement with its creditors other than for the sole purpose comprising the Agreement by giving the Client 14 (fourteen) days’ ,of a scheme for a solvent amalgamation or solvent reconstruction.
prior notice by email and by displaying the notice on the Site in the , orapetitionisfiled,anoticeisgiven,aresolutionispassed,oran“Terms and Conditions” section.
If the Client does not want to accept ,order is made, for or in connection with the winding-up of that any new conditions it must inform PropertyPal immediately by ,other party other than for the sole purpose of a scheme for a solvent emailing help@propertypal.com otherwise the Client will be deemed ,amalgamation or solvent reconstruction.
or an application is made to have accepted such new conditions.
The Client should note that if ,to court, or an order is made, for the appointment of an it is unable to accept any new conditions then PropertyPal may no ,administrator, or if a notice of intention to appoint an administrator longer be able to provide the Services to it.,is given or if an administrator is appointed, over the other party.
or , theholderofaqualifyingfloatingchargeovertheassetsofthatother18.
CHOICE OF LAW &.
JURISDICTION,party has become entitled to appoint or has appointed an ,administrative receiver.
or a person becomes entitled to appoint The Agreement shall be governed by and interpreted in accordance with ,a receiver over the assets of the other party or a receiver is appointed the laws of Northern Ireland and you irrevocably agree that the courts ,over the assets of the other party.
or a creditor or encumbrancer of of Northern Ireland shall have exclusive jurisdiction to settle any dispute ,the other party attaches or takes possession of, or a distress, which may arise out of, under, or in connection with the Agreement.,execution, sequestration or other such process is levied or enforced ,on or sued against, the whole or any part of the other party’s assets ,and such attachment or process is not discharged within 14 days.
or ,any event occurs, or proceeding is taken, with respect to the other , partyinanyjurisdictiontowhichitissubjectthathasaneffect,equivalent or similar to any of the events mentioned in this clause ,16.3.
or the other party suspends or ceases, or threatens to suspend ,or cease, carrying on all or a substantial part of its business.,16.4Notwithstanding the above, PropertyPal shall be entitled to terminate ,the Agreement at any time on 30 days’ notice to the Client.
,16.5On expiry or termination of the Agreement for any reason, any fees ,due to PropertyPal from the Client shall become immediately ,payable, any other provision of the Agreement notwithstanding.
,16.6On expiry or termination of the Agreement, all provisions of the , Agreementshallceasetohaveeffect,exceptthatanyprovisionwhich,can reasonably be inferred as continuing or is expressly stated to , continueshallcontinueinfullforceandeffect.,16.7Where PropertyPal ceases to provide Hosting Services we were ,previously engaged to provide we shall, subject to payment of any , outstandingcharges,fulfilmentofanyotheroutstandingobligations, toPropertyPalbytheClient,returnanyspecificHostedContentheld,by PropertyPal to the Client or delete it, at the Client’s cost.
,PropertyPal shall provide such assistance as is reasonably requested ,by the Client in transferring the domain names for the Hosted Site, ,and any email database to the Client or another service provider, ,subject to the payment of PropertyPal’s then prevailing rates fees and , expenseswhichwillbenotifiedtotheClientinadvance.,17.GENERAL,17.1TheClientmaynotassign,transferordisposeofthebenefitor,burden of the Agreement without the prior written consent of , PropertyPal.PropertyPalreservestherighttoassignthebenefitof,the Agreement by giving prior written notice of any assignment to the ,Client.
,www.propertypal.com,ANNEX - FURTHER HOSTING SERVICES TERMS23.2By Phone,Clauses 19 and 20 below apply only where PropertyPal provides Hosting ,Services to a Client based within the UK.
Otherwise PropertyPal does not ,offer.iedomainnamepurchasingorregistrationservicesaspartofthe,Hosting Services.,19.
.UK DOMAIN NAMES,19.1PropertyPal are a Nominet Registrar and our .uk (e.g .co.uk) domains ,are registered with Nominet.,19.2When we register a domain for you, we register the domain in ,your name as the Registrant, as per industry rules.
As a registrant, ,youshouldalsobeawareof Nominet’sTerms&Conditionsof,Domain Name Registration.
Under these terms, one key ,requirement is that you inform us of any change of name, address ,or contact details, so that we can change the registrant details for ,thedomain.Ifyouwishtoreportsuchchanges,please contactus.,20.
DOMAIN NAME SERVICES,20.1When we manage a domain name for you, we supply the ,following services:,20.1.1Domain name purchase, or transfer from another registrar;,20.1.2Domain name renewal (typically on a yearly basis);,20.1.3Set-up, and ensuring continuity of service, for nameserver and ,DNSconfiguration;and,20.1.4Changes to registrant details as we become aware of any.,20.2We do not charge for inbound or outbound transfers of .uk ,domains.,20.3When purchasing or renewing a domain, we incur direct charges ,from our supplier, Nominet.
Our charges cover this and the domain ,name services that we provide (listed above).,20.4We typically purchase, and renew, domain names for 1 year at a ,time.
Our charge is £15 per year per domain.
Any changes to our ,prices will be published in these Terms and made aware to clients in ,advance.,20.5Client’s domain names are renewed automatically to ensure that ,there is no downtime to their domain related services (e.g.
website ,and email).
If a client does not wish to renew their domain and to ,bechargedfortheextrayear,thenplease contactus inadvanceof,the renewal date.,21.
RELATED SERVICES,Wealsoofferwebsiteandemailservicesforusewithadomain.Pricesare,quoted for these on an individual basis.,22.
FAIR USAGE,The Client should note that there may be storage limits associated ,with Hosting Services, which are generally subject to fair usage limits.
,PropertyPal reserves the right to charge for additional storage or ,overagefeesattheratesspecifiedbyPropertyPalfromtimetotime,(including through PropertyPal’s Site or hosting portal).
PropertyPal may ,impose new, or may modify existing, storage limits for Hosting Services ,at any time in its discretion, giving notice to Client (including through ,PropertyPal’s Site or hosting portal).,23.
SERVICE LEVEL COMMITMENT,23.1Written Communication,Upon receipt of communication by e-mail or letter, we will ,endeavour to deal with your enquiry within 48 hours of receipt.
All ,enquiries will be acknowledged within 72 hours.
If a resolution to ,your enquiry cannot be provided within that time, you will at that ,point be given an expected resolution timeframe.,If the issue or query is urgent, we will endeavour to direct your ,call to the appropriate area immediately.
If it is a non-urgent ,technical query, your details may be taken and a ticket input on your ,behalf to our helpdesk.
Any submitted tickets will be dealt with as ,per written communication service level commitments.,23.2Resolution,Wearecommittedtodealingwithallenquiriesasefficientlyas,possible, however, some queries require consultation with 3rd party ,providers.
Should we be unable to provide you with a full response ,to your query within 5 days, we will provide you with a full written ,explanation as to the steps already undertaken and expected time ,frames for resolution.,24.
OUR CODE OF PRACTICE FOR COMPLAINT HANDLING,PropertyPal.com is committed to providing high quality competitive ,services to all our clients.
If, however, you feel our service falls below ,the standards expected, we would like you to let us know.
Our Code of ,Practice provides you with the necessary information to make a complaint ,and details on how you can expect a complaint to be dealt with.,24.1HOW TO CONTACT US WITH A COMPLAINT,If you would like to register a complaint, you can contact us in one ,of the following ways:,Email - You can send us your complaint by e-mail to,help@propertypal.com,By phone - You can contact us directly on: ,028 90 999 999 - 9.00 am - 5.00 pm (Mon - Fri),A Customer Care Representative will advise you of his / her name, ,issue you with a unique reference number and acknowledge your ,complaint on the phone.
Our aim is to resolve the complaint to your ,complete satisfaction.
The Customer Care Representative will resolve ,your complaint as quickly as possible, preferably during your phone ,call.
If this is not possible we will inform you of the length of time we ,expect it to take to investigate and resolve the complaint.,By letter - If you prefer to put the complaint in writing, you can send ,it to the following address:,PropertyPal.com Unit 2D,,Jennymount Business Park,North Derby Street,Belfast,BT15 3HN,24.2WHAT HAPPENS ONCE WE RECEIVE YOUR COMPLAINT?,We will acknowledge all complaints received by letter or e-mail ,within two working days of receiving the complaint.
We will inform ,you of the length of time we expect it to take to investigate and ,resolve the complaint.,24.3RESOLUTION TIMEFRAMES,It is our aim to resolve all complaints received in a speedy, fair and ,efficientmanner.Wherepossiblewewillresolveyourcomplaintat,thefirstpointofcontact.,When we receive your complaint we will categorise it into one of the ,following main categories, with associated timeframes for resolution:,Billing - We will respond within 5 working days of receiving the ,complaint.
If PropertyPal investigate and deem that any charges on a ,bill are incorrect we will credit the charge to the next months ,account.
If a customer is no longer a subscriber to our site a payment ,will be arranged before the end of the next billing period.,Service Degradation - We will respond immediately outlining the ,investigation procedure and the resolution timeframes envisaged.,Other - We will respond within 10 working days of receiving the ,complaint.,Depending on the individual complaint it may not be possible to ,resolve every complaint within these timeframes.
If we are unable to ,www.propertypal.com,resolve your complaint within the timeframes, we will keep you ,regularly informed throughout the process and inform you of the ,length of time we expect it to take to investigate and resolve.,We will notify you of the resolution of each complaint and retain ,records of your complaint for a period of not less than one year.,24.4ESCALATION PROCEDURES,If Client is not happy with the way in which your complaint in handled ,initially, you can ask to have the matter escalated to a Manager in the ,appropriate area.
The Manager will provide you with a revised ,resolution timeframe.
They will review and discuss the issue with you ,and try to reach a satisfactory resolution.
If, having contacted ,the Manager you feel that we have still not dealt with your complaint ,satisfactorily, you can ask for the matter to be reviewed by the ,Managing Director.,Once Client is happy with the resolution of your complaint, the ,complaint will be closed.,25.ABUSE HANDLING,25.1Client is requested to report any suspected abuse to,abuse@propertypal.com at the earliest opportunity.
Examples of ,Abuse are:- WHOIS Inaccuracy, Spam or Phishing.,25.2REPORTING,Please e-mail abuse@propertypal.com with as much information as ,possible regarding the suspected abuse.
Any examples should also ,be forwarded e.g.
any spam e-mails received.
This information will ,then be passed on for investigation.,25.3HANDLING,Any reported abuse is considered serious and will be investigated ,by a senior member of the team within 48 hours of receipt of the ,information.,25.4OUTCOME,Depending on the nature of the abuse alleged, actions available ,include suspension of the domain.
All reports will be investigated ,with the domain owner.