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Terms of service

The following document outlines the terms of use of the Ink website and service. You can also review our Privacy Policy, which outlines our practices towards handling any personal information that you may provide to us.

Before using any Ink services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. The sentences prefixed with ‘Basically’, provide a short explanation of the terms of service and are not legally binding.

Registration

  1. As a condition to using the services of Ink it Limited (hereby referred to as “Ink”), you must open an account with Ink, select a password and username, and provide certain registration information. You agree that this information is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Ink account at Ink’s sole discretion.
  2. You may not use names or words that you are not lawfully entitled to use that is otherwise offensive, vulgar or obscene.
  3. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Ink account.
  4. In order to use Ink services you must be at least 18 years and live in England or Wales.

Basically, to use Ink’s services you must be an adult and create your own account, without violating other peoples’ rights.

User Conduct

  1. You are responsible for all content submitted to the Site. Ink does not guarantee the accuracy, integrity or quality of any content. You acknowledge that by using the Site you may be exposed to Content that you may find offensive, indecent or objectionable.
  2. You agree not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Ink, including (but not limited to):
    1. Abuse, harassment, threatening, impersonating or intimidating any person;
    2. Posting or transmitting, or causing to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
    3. Any purpose that is not permitted under the laws of the jurisdiction where you use the Services;
    4. Posting or transmitting, or causing to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Ink user;
    5. Creating or transmitting unwanted ‘spam’
    6. Posting copyrighted Content which doesn’t belong to you.;
    7. Using any robot, spider, scraper or other automated means to access the Site for any purpose without Ink’s express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in Ink’s sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures Ink may use to prevent or restrict access to the Site;
    8. Advertising to, or soliciting, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
    9. Promoting or selling Content owned by another person;
    10. Selling or otherwise transferring your profile or account.
    11. You are solely responsible for your interactions with other users of the Site.

Basically, be reasonable, responsible and don’t do anything stupid.

Copywright

  1. By submitting content to the site you agree to grant Ink a worldwide, Non exclusive license to use the content and are representing and warranting to Ink that the content is owned or duly licensed by you, and acknowledging that Ink is free to publish, distribute and use the content as hereinafter provided for without obtaining permission or any further license from any third party.
  2. In consideration of Ink’s agreement to allow you to post content to the site and to publish such content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with Ink as follows;
  3. You acknowledge that:
  • You retain full rights to such content that you had prior to uploading.
  • You hereby grant to Ink a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Site; and,
  • Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.
  1. You represent and warrant that:
  • You are the owner of all rights, including all copy rights in and to all Content you submit to the site;
  • You have the full and complete right to enter into this agreement and to grant to Ink the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Ink of the Content as contemplated herein; and
  • The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.

Basically, your rights to your content are protected but you are allowing Ink to use the content on the site.

Review

  1. Reviews may be submitted on this site in respect of your content. Ink disclaims any and all liability for the content of such reviews. However if you suspect that any comments posted are inappropriate please notify Ink at [email protected].

Basically, reviews are not monitored but let us know if anything is wrong.

Data Protection and Privacy Policy

  1. Ink is registered under the Data Protection Act 1998 and we undertake to comply with the Act in all our dealings with your personal data. We will keep your personal information secure. Occasionally, we may contact you by letter, telephone, email or otherwise to inform you about other products and services we offer. We try to limit this contact to acceptable levels, but if you wish to exercise your right to opt out, simply write to: Data Protection Officer, [email protected]

Basically, we look after your data as required by law.

Service Availability

  1. The Site (including your use and access) may be interrupted from time to time. Ink reserves the right to suspend or discontinue the Site and/or any Service and/or remove any Content at any time at our sole discretion and without prior notice. Ink may limit features and Services or restrict access to some or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of any items of personal significance and you should retain copies of anything you post on the Site.

Basically, at times things go wrong and the service may be interrupted.

Transaction

  1. In return for the Fees, Ink will promote registered Sellers’ properties (the “Properties” or “Property”) on the Ink Website.
  2. Registered Buyers will be able to: View the Properties; Review the Standard Sales Agreement; Review the Survey;Review the Searches; Make a selection; and, Make an offer to purchase a relevant Property.
  3. Any offer will be communicated to the Seller by Ink.
  4. If the offer is accepted by the Seller (“Acceptance”), Ink will: communicate the Acceptance to the Buyer; and, provide the Buyer and Seller with each other’s contact information (including registered conveyancer and mortgage provider); Provide the registered conveyancers of each of the Buyer and Seller with the required property and mortgage details as provided by the Buyer and Seller

Basically, we’ll market sellers’ properties, and let buyers browse and bid on them.

Obligations of buyers and sellers

  1. The Buyers and Sellers are contractually bound by the offer and acceptance and may not withdraw from the agreement to purchase the Property. Any failure to complete the purchase of the Property shall be a breach of this agreement (“Breach”).
  2. Sellers will be obliged to complete all relevant searches and surveys prior to registration and any Property shall not be promoted until such searches and surveys are uploaded to the Ink Site and approved by Ink.
  3. An Energy Performance Certificate is a legal requirement before marketing can commence on any residential property.

Basically, buyers and sellers need to be serious about buying and selling.

Asset Transfer
For the avoidance of doubt and without prejudice to the above it is the intention of the parties to this agreement that any transfer by way of asset transfer will be treated as if it was a sale of property for the purposes of this agreement.

Basically, even if the property is owned in complex structures this is still a property transaction

Sub Instruction

  1. Ink reserves the right to sub-instruct other agencies at any time during our agency at no cost to you. Any commission or other income paid to Ink while appointed as agent for the sale of the property, is the exclusive property of Ink.

Basically, Ink may work with other people to help sell your property

Fees
Fees become payable in accordance with the Ink Fees Protocol.

Basically, fees are payable, as specified in the Pricing Schedule.

Interest

  1. Ink’s fees are payable on demand, as and when they fall due. Ink reserves the right to charge interest on any amounts outstanding 28 days after the fees are first demanded. Interest will be charged from the date the fees become due at the annual rate of 8%.

Basically, we may charge you interest if you don’t pay us on time.

VAT

  1. All Ink’ Transaction Fees and any other charges are subject to VAT at the prevailing rate of 20%.

Basically, we have to charge VAT.

Consequences of Breach

  1. In the event of a Breach, the party responsible will be liable to one or more of the following consequences:
    • To pay compensation to the non-breaching party;
    • To be compelled to complete the transaction by injunction
    • Participate in arbitration to resolve the matter

Basically, if you try to pull out after committing to a purchase or sale, you could be forced to proceed, or pay a penalty.

Warranties

  1. By registering and participating on the Ink Site you warrant that as a:
    1. Seller, you are genuinely intending to sell the relevant Property, the details of which you have uploaded to the Site;
    2. Buyer, you are genuinely intending to purchase the relevant Property in respect of which you make an offer.
    3. By instructing Ink, you are appointing us as your sole agent for a period of six weeks from the date of this instruction. Where we act as your sole agent you are agreeing to give us the sole and exclusive right to promote your Property. This means that you will be liable to pay Ink the Transaction Fee as set out in clause 1.4 if at any time a Buyer who views or is otherwise introduced to your Property during the period of the sole agency enters into an agreement to buy your property, whether the viewing or introduction was conducted by Ink, or by any other agent or third party.

Basically, you need to be serious about using Ink, too.

Electronic Documentation

  1. Contracts which have been signed electronically (whether by fax, email or website authentication) are binding and admissible in evidence. For convenience, we may ask Buyers and Sellers to sign documents electronically.

Basically, any documents you sign electronically are valid and binding.

Indemnity

  1. The Buyers and Sellers undertake to keep Ink fully and effectively indemnified in respect of any claim, demand, liability, cost, expense or prosecution which may arise due to any act, failure or omission of the relevant Buyer or Seller.
  2. The Buyers and Sellers agree to indemnify Ink as agent against any costs, expenses or liabilities incurred or imposed on Ink, provided they were incurred on the Seller’s behalf in pursuit of our normal duties.
  3. Ink may prepare copies of any set of keys in our control, without charge where appropriate. Ink’s liability is strictly limited to the cost of cutting a new set of keys where any are lost or damaged.

Basically, if it’s not our fault, we’re not responsible.

Disclaimer

  1. Ink will carry out all of its services with reasonable care and skill. However, we are unable to guarantee the suitability of Buyers and/or Sellers, or that either party may withdraw or fail to complete the transaction and cannot be held liable by the Buyer or Seller for such events.
  2. Ink is not liable for acts or omissions of third parties who may participate in the process contemplated by this agreement and disclaims any and all costs, losses and liabilities arising from such acts or omissions.

Basically, we can’t promise that buyers and sellers are who they say they are, and can do what they say they can.

Termination

  1. After the 14 day cooling off period set out below, if you wish to terminate this agreement, you are required to provide us with no less than 4 weeks written notice, during which time the service will remain in effect until termination takes effect.
  2. You agree that you will be liable for all fees arising during the term of this agreement and thereafter based on the Non-Circumvention clause below.
  3. Notice of the Right to Cancel (Cooling off period) You have the right to cancel this contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 within 14 calendar days from the date upon which it was signed/entered into. Notice of Cancellation MUST BE IN WRITING and should be delivered or sent by post to the Cancellations Department, Ink, 7 Marylebone Lane London W1U 1DB or by email to [email protected] Any Notice of Cancellation is deemed served on the day that it is delivered, posted or sent. If you have given us your written agreement to market your property within the cancellation period you may be required to pay our commission fees if we have introduced a purchaser to your property prior to your serving a Notice of Cancellation.

Basically, you can bring this agreement to an end, but you’re still accountable for any agreements you made whilst using the service.

Non-circumvention

  1. In the event of a sale of a property to a Registered Buyer by a Registered Seller (or any arrangement or transaction materially the same or between Parties either or both of whom were formerly registered) which the Property is or was registered, the Buyer shall be liable to pay Ink a fee in accordance with the Ink Fees Protocol upon completion of the transaction.

Basically, if we introduce a buyer and a seller and they complete, we can charge the transaction fee.

Complaints Procedure

  1. Should you have any problems with Ink’ service which you are unable to resolve [by reference to the FAQs], you should write to the Director at [email protected] This complaint will be acknowledged within three working days of receipt and an investigation undertaken. A formal written outcome of the investigation will be sent to you within 15 working days. If you remain dissatisfied, you should write to [email protected] The same time limits will apply. Following this investigation, a written statement expressing Ink’s final view will be sent to you and will include any offer made. This letter will confirm that you are entitled, if dissatisfied, to refer the matter to The Property Ombudsman (TPO) within six months for a review. For the avoidance of doubt, TPO will only review complaints made by consumers.
  2. If your complaint is specific to the service you have received from the solicitor dealing with your conveyancing, Ink will discuss your complaint with you to ensure all relevant information is gathered and then contact the Solicitor in order to attempt to resolve the issue. This process may require continued discussion between the parties until it is resolved, however you should be aware that your statutory rights are not affected and you are entitled to refer the complaint to the Solicitors Regulation Authority at any time. If you opt to contact the SRA, Ink will provide you with a copy of the complaint file, for submission with your complaint to the SRA.

Basically, if you’re unhappy with us, follow these steps.

Connected Persons

  1. Pursuant to S21 of the Estate Agents Act 1979, unless specifically stated otherwise, Ink is not aware of any personal interest existing between Ink or anyone in our employ or any connected person(s) and yourself(ves). If you are or become aware of such an interest you should notify Ink immediately.

Basically, Ink tries to avoid conflicts of interest.

Headings and Summaries

  1. The headings and “Basically” summaries in this document do not form part of these Terms and Conditions and shall not be taken into consideration in the interpretation or construction of these Terms and Conditions.

Basically, the clauses are the bits of this document that matter.

Jurisdiction

  1. The High Court and the County Courts of England and Wales shall have jurisdiction to hear and determine any action or proceedings in respect of this agreement.

Basically, our terms are subject to domestic laws and courts.

Amendments

  1. Ink may change or add to the terms of this agreement (except in relation to the level of any fees due under this agreement) for legal or regulatory reasons. We will notify you if any such change will affect the service that we offer you.

Basically, we can change our terms if we’re told to, but we can’t do it to make more money.

Entire Agreement and Variations

  1. Ink and the registered Sellers and Buyers are bound by and rely upon the written terms set out in these terms and conditions. You are reminded again to read them very carefully.
  2. This agreement supersedes all prior agreements, understandings representations and/or communications between the parties, and no amendment or variation shall be effective unless agreed in writing by Ink.

Basically, this is a legally binding agreement, so make sure you’re happy with it before using Ink.

Before accepting this agreement, you should carefully read all of the terms and conditions set out in this document. It is very important that you read and understand all of the terms and conditions that will apply to this agreement before entering into this agreement. Only accept this agreement if you wish to be bound by all of the terms and conditions it contains.