Website Agreement

Terms & Conditions email for Moving Direct Surveyors Website  

Note: Where the tern ‘The Firm’ is used it refers to the Surveyors Firm Completing this document.  The term ‘The Provider’ means Moving Direct (trading name of Indigo Conveyancing Searches Ltd Company Reg No:12498374)

The Firm agrees to receive a maximum number of surveyors leads per month (the “Lead Volume”) from The Provider.  The leads will be charged at a rate of £3.95 + vat per lead. Leads are to be a mixture of Level 1, Level 2 & Level 3 survey enquiries each of which equates to a separate lead.

The commencement date is to be confirmed by email once setup and training has been completed. If the Provider delivers more than the required Lead Volume in any given month, these may be carried over and used as part of the required Lead Volume in subsequent months. Conversely, if for any reason The Provider fails to meet the required volume of Leads in any given month, any shortfall may be made up in subsequent months. If for any reason the shortfall cannot be made up, The Firm shall only pay for such Leads as have been delivered.

Quality of Leads:

The Provider will always aim to provide good quality Leads to The Firm which meets the following criteria:

● Data Validity – A valid email address or telephone number must be correct for the Lead to be chargeable

● User Intent – The applicant must be actively seeking the Services on offer

If you believe that any Lead supplied to you does not meet the above criteria you must report it within 5 working days (as deemed to be weekdays and not bank holidays in England & Wales) and we will not invoice you for Lead(s) that have been rejected within the above timescale and for a valid reason. Please note that Leads cannot be rejected because they are a duplicate from other sources or simply because they have not been converted into instructions.

Your commitment:

The Provider through their lead generation network aims to provide information and/or quotes to their clients / visitors for surveyors firms that have a good reputation for both customer service and value for money.

In order to make the most of the Leads supplied to The Firm, The Provider recommends that the Leads are contacted within 45 minutes to maximum the chance of lead conversion.

The Provider will provide quotes using a Fee Scale supplied by The Firm. The Provider expects The Firm to supply a complete Fee Scale along with associated disbursements so that the initial quotes provided are as accurate as possible. All additional costs that can be anticipated upfront should also be detailed within the Fee Scale.

How you receive Leads from us: 

The Provider will deliver all Leads to The Firm via email & must supply a minimum of one designated email address. It is the responsibility of the Firm to ensure that they receive the Leads appropriately and that they prepare their own IT system to ensure Leads do not get classified as spam. No refunds or credits will be given in this situation.

The time at which a Lead is defined as being delivered is the time a Lead is emailed and not at the time of being received by The Firm.

Our Websites and Promotional Material/Methods:

The Provider retains all ownership and intellectual rights to any websites, marketing materials and advertising campaigns we utilise to generate Leads for The Firm. The Provider also retain ownership and copyright over any materials and methods created by us and used to advertise and/or promote such websites, as well as the domain names used for those sites.

Our use of The Firm branding: 

The Firm agree to the use of their logos, accreditation and company details to be used by The Provider for the purpose of actively generating Leads through The Website for The Firm such use to be discussed and authorised in advance.

Data Protection:

For the avoidance of doubt, the parties shall at all times during and after termination of this Agreement comply with current and applicable data protection legislation which includes but is not limited to the General Data Protection Regulation 2016/679 of the European Parliament and of the Council and the Data Protection Act 2018.

Confidentiality:

Each of the Firm and the Provider shall keep the existence of this Agreement and its contents entirely confidential unto themselves and shall not disclose the same or any part of the contents of this Agreement and/or the relationship between the Firm and the Provider to any third party save as may be required: by operation of law or by a Court of competent jurisdiction the Firm to a Provider for the purposes of complying with: its professional duties and obligations and the Lead; or the terms and conditions of engagement agreed with any Referred Customer This Agreement is governed by, and shall be construed in accordance with English law who shall have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement. The parties agree to submit to such jurisdiction. Any demand, notice or other communication given or made under or in connection with this Agreement shall be in writing and shall be given to the Provider or, the Firm as the case may be, either personally by post (registered or air mail as appropriate) appropriately addressed as above.

Termination and Alterations to Lead Volume

This Agreement will run for a fixed term of 2 weeks initially. To cancel the contract at the end of this term The Firm must provide written confirmation via email to the Provider by the end of the 10^th day of the intimal period before 5pm inwriting to [email protected].  If the Firm chooses to extend the agreement by not actioning the above, then the following terms will apply: If The Firm wishes to terminate this agreement after the initial fixed term they must provide 15 days written notice to the Provider by email. From the date of notice until and including the 15th day The Firm will continue to receive Leads at the current agreed level. The Firm will be invoiced as normal for any Leads supplied during the notice period.  If the firm wishes to increase the number of leads received each month, then The Provider will require 24 hours’ notice.  Should a decrease in number of leads be requested by The Firm then 15 days’ notice will be required to be supplied by The Firm to The Provider.

Payment:

A weekly invoice will be sent to the firm for the amount owed for the leads provided by the provider to the firm for the previous 7 days.  Full payment must be made to the provider by the firm with in 7 days of receipt of email in way of cleared funds by either bank transfer or card payment. prepayment invoice will be sent to The Firm by The Provider for the agreed number of Leads to be supplied. Further invoices will then be sent in accordance with leads supplied and collected by the same means

Under the Late Payment of Commercial Debts [Interest] Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002, statutory interest (8.5% from the date the invoice was issued) along with the standard compensation entitlement may be charged at the discretion of The Provider if full payment of the invoice is not received within 7 days of the invoice date.

By clicking the accept button, I acknowledge that this constitutes a binding agreement between The Provider and The Firm, and I certify that I have the authority to sign this Agreement on behalf of The Firm.