Advisor Terms and Conditions

Your Homehub Limited, incorporated and registered in England and Wales with company number 16617887 whose registered office is at 2 Beverley Court, 26 Elmtree Road, Teddington, TW11 8ST (“we”, “us” or “our”) is the owner of your-homehub.com.

This Platform connects owners of UK properties (“Sellers”) wishing to list their UK properties for sale (“Property”) to potential buyers (“Buyers”) and which allows for the sharing and advertising of information and referrals with solicitors and other professionals in the UK property industry (“Advisors”, “you”).

You, i.e. the Advisor, must create an account in order to post adverts on the Platform (“Adverts”, each an “Advert”) and in doing so you agree that these terms will govern the contractual relationship between us and the Advisor in relation to the posting of Adverts.

1. Posting an Advert

To post an Advert on the Platform you must submit the details of the Advert to us, via such method as may be determined by us from time to time.
We reserve the right to review the content of any Advert before it is posted on the Platform and reject it at our discretion (in which case any Fees already paid in respect of such Advert will be refunded).
We make no guarantee that an Advert will be posted on the same day it is submitted with us. If you submit an Advert with us on a weekend it will not be posted on the Platform until the following week.
Unless we agree with you expressly to the contrary in writing, once an Advert is posted it will remain on the Platform for [one month] from the date it is posted. If you wish to renew an Advert then you must contact us in advance to confirm renewal and pay any applicable Fees, otherwise we may remove it from the Platform.
If you wish to remove an Advert from the Platform, you must inform us immediately and we will use reasonable endeavours to remove it as soon as possible. Any cancellation of an Advert shall be without prejudice to your obligation to pay any fees or charges owed to us which will remain due in full.
From time to time we may amend the methods by which users can search for and view Adverts on the Platform.

2. Content of an Advert

We reserve the right to make changes to the content of Adverts for technical, grammatical or aesthetic purposes, or if we are made aware of any offensive or illegal content, without further reference to you. We will use reasonable endeavours to maintain high standards of visual presentation for each Advert.
You may submit reasonable requests to amend an Advert after it has been posted on the Platform but any amendments will be processed at our sole discretion and may be refused.
The Advisor is solely responsible for ensuring the accuracy and legality of all Adverts and ensuring that all text, images and other materials supplied for an Advert and the Advert itself complies with all relevant legislation and codes of conduct, does not infringe intellectual property of third parties and is not defamatory or otherwise indecent (notwithstanding any editing of the Advert which we may undertake) and you agree to indemnify us for any breach of this clause unless such breach was caused by our breach of these terms, gross negligence, fraud or wilful misconduct.

3. Payment of Fees

The fees payable to us for our services to you under these terms (the “Fees”) are due for payment in advance. If applicable, we shall invoice the Advisor for any Fees which are outstanding, plus any applicable VAT, and such invoices will be payable within 28 days.
Details of our applicable Fees can be found here. In future we reserve the right to amend the Fees due, subject always to an obligation to notify you of any such amendments in advance.
Fees payable for Adverts will be for a relevant period either an agreed period or an indefinite period. If we agree that an Advert will be posted for an indefinite period we will charge you monthly in respect of the relevant Fee.
The Fees due may also be amended by agreement between us from time to time, for example in the case of certain offers, promotions or discounts for bulk Advert packages. Introductory or trial periods may also be agreed at our discretion.
All sums payable under these terms are, unless otherwise stated or agreed, exclusive of value added tax or other applicable sales tax, which shall be added to the sum in question and shall be paid in full without any deductions for tax or otherwise.
Once an Advert is posted on the Platform, the Fees in respect of that Advert is non-refundable
If at any time any Fees are outstanding from you to us, then in accordance with clause 5.3 we reserve the right to remove or suspend your Adverts from the Platform.
If at any time any Fees remain outstanding, we reserve the right to charge interest on the overdue amount at the applicable rate prescribed under the Late Payment of Commercial Debts (Interest) Act 1998, accruing from the due date until payment is made in full.

4. Obligations

Adverts may only be requested for legitimate opportunities relating to the sale or purchase of UK property, and when a user of the Platform (e.g. a Seller or Buyer) contacts you in response to an Advert you agree that you will promptly acknowledge and then respond substantively to that user in a reasonable, prompt, responsible and friendly manner.
You acknowledge that we are not Advisors and are not responsible for the outcome of any negotiation of offers and/or terms of relating to products or services agreed on the Platform or elsewhere, and we are under no obligation to promote you or your services, save for the posting of Adverts which you have paid for. Further we make no guarantee as to the number and quality of the enquiries you will receive by using our service.
We are not responsible or liable for the failure or default on the part of any user of the Platform to comply with relevant terms under which you provide products or services to a User, the contract for the provision of products and service is between you and the relevant user.
We cannot guarantee the Platform will be available at all times or be error free but we will use reasonable endeavours to maintain our service wherever possible. From time to time it may also be necessary to suspend the Platform for a period of time and any such interruptions shall not constitute a breach by us of these terms and we shall not incur any liability in respect of this.
You shall not use our confidential information for any purpose other than to perform your obligations under these terms.
We and the Advisor shall, at their own expense, comply with all laws and regulations relating to its activities under these terms, as they may change from time to time, and with any conditions binding on it in any applicable licences, registrations, permits and approvals.

5. Duration and Termination

These terms shall commence on the date you accept them when creating an account with us (“Account”). These terms shall then continue unless terminated earlier in accordance with this clause.
We may at any time suspend or remove your Adverts on the Platform, or terminate our contractual agreement with you, without liability, if any fees owed by you to us are outstanding or withdrawn, you are otherwise in breach of these terms, or if we have reasonable grounds to believe that the Platform is being misused by you or any individual associated with you and/or your organisation.
Termination of these terms shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination.

6. Liability

Under these terms and in providing our services to you, we will not be liable to you for any business, financial or economic loss or for any consequential or indirect loss such as loss to reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of any services we provide to you under, or in any other way connected with, these terms (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud, wilful concealment or theft.
All Advisors will need to carry out their own due diligence in relation to any users that contact them via the Platform as this is not our responsibility.
While the Platform contains links to other sites and resources provided by third parties, these links are provided for information only. Such links should not be interpreted as approval by us of those linked websies or information you may obtain from them. We have no control over the contents of those sites or resources.
We do not guarantee that the Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Platform. You should use your own virus protection software.
Our total liability under these terms will be limited to the amounts paid or payable by you under these terms for our services in the 12 months up to the date of the relevant
claim.No claim may be brought against us by an Advisor more than six months following the date on which the Advert to which such claim relates was last posted on the Platform.
In the event of a dispute between the Advisor and any user arising from the use of our service, you agree to pursue such claim or action independently of us, and you release us from all claims, liability and damages arising from any such dispute.
We will not be liable for failure to meet our obligations under these terms if we are prevented from doing so due to circumstances beyond our reasonable control.
Nothing in these terms limits or excludes our liability for death or personal injury arising as a result of our negligence or the negligence of our employees, agents or self-employed contractors or for fraud or fraudulent misrepresentation.

7. Intellectual Property

The Platform contains confidential information and proprietary intellectual property rights. All such rights including copyright, trade marks, patents and other rights in the Site are the exclusive property of us and its licensors.
By accepting these terms you grant us a non-exclusive, royalty-free licence to reproduce and display the content of your Adverts on the Platform, on a worldwide basis.
Subject to your prior written consent we may reproduce your name, logo or trade marks on the Platform and in marketing material, separate from your Adverts. You may withdraw this consent by writing to: enquiries@your-homehub.com.

8. Data Protection

We agree to comply with our obligations under all applicable laws and regulations relating to data protection and privacy as may be applicable from time to time, which at the date of these terms means the UK General Data Protection Regulation, EU General Data Protection Regulation (where applicable), Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426), and any successor legislation (“Data Protection Legislation”), including without limit in relation to its processing and storage of the personal data of users of the Platform.
The terms “personal data”, “data subject”, “controller” and “process” (and its derivatives) shall have the meanings given to them in the Data Protection Legislation.
Both we and you shall be considered to be a controller in respect of personal data, which is processed in connection with these terms. We and you shall:
- ensure that it has all necessary notices and consents in place to enable the lawful transfer of personal data to the other party for the purpose of these terms;
- give full information to any data subject whose personal data may be processed under these terms of the nature such processing, and ensure there is always a legal basis for such processing; and
- ensure 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.
You must provide us with a hyperlink to an up-to-date copy of your Privacy Notice when you first request an Advert on the Platform and in the event your Privacy Notice is updated in future you must provide us with an updated copy or up-to-date hyperlink.
We and the Advisor each undertake to the other to indemnify and hold the other harmless from any cost, charge, damages, expense or loss incurred by the other party as a result of its breach of this clause.

9. General

Nothing in these terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
We and the Advisor acknowledge that in entering into these terms it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
We reserve the right, at any time and in our sole discretion, to add to or amend these terms and conditions provided that we give you reasonable notice of such changes in advance. By continuing to use the service after we have made such changes you will do so on the basis of our amended terms and conditions.
You are not be entitled to assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of your rights and obligations under these terms, but we may do so freely in the context of a sale of the shares in us, or a sale of its business and assets, or in the context of a corporate restructuring.
No failure or delay by us to exercise any right or remedy provided under these terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy by us.
No one other than a party to these terms shall have any right to enforce any of these terms.
These terms and any dispute or claim arising out of them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
In these terms:
- A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns.
- A reference to writing or written includes e-mail.