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Terms & Conditions

DEFINITIONS

1. ''We'' ''Us'' ''Our'' and ''BusinessSalesDirect'' refer to Creation Internet Services Ltd Trading as BusinessSalesDirect.
   
2. ''You'' and ''Your' ' refers to the Business Transfer Agency that has entered into an agreement with BusinessSalesDirect to be bound by these Terms and Conditions.
   

OUR COMMITMENT TO YOU

We :  
   
1. Will provide an internet listing service for the purpose of displaying Your businesses for sale adverts (Advert Data) to visitors of Our Website which can be found at: www.BusinessSalesDirect.co.uk
   
2. Will endeavor to provide access for You to add amend or remove Advert Data on Our website between the hours of 6am and 10pm, 7 days a week;
   
3. Will endeavor to maintain the availability and performance of Our website with a minimum uptime of not less than 99% in any 12 month period;
   
4. Will endeavor to back up all Advert Data once every 24 hours for the purposes of disaster recovery;
   
5. Will notify You of changes to specification and/or format of the administration pages of the website 48 hours in advance of such changes, except where changes are necessitated by technical factors essential to the proper operation of Our website;
   
6. Will endeavor to forward all electronic enquiries from potential purchasers by email to Your appropriate email address as soon as reasonably practicable after their receipt. In the event of a failure to do so, We will notify You within 24 hours of Us becoming aware of the failure;
   
7. Will conform to all applicable Data Protection Act requirements;
   
8. Will use reasonable endeavors to market the BusinessSalesDirect website to prospective buyers in the UK and we reserve the right to enter into on-line distribution agreements with third parties whereby Our Advert Database can be accessed on third party sites (e.g. general portals) with the aim of maximizing the number of people viewing Your Advert Data. You may choose not to have Your Advert Data displayed on third party sites by sending us written notice of Your request;
   
9. Warrant that no other member organization will have access to the details of Businesses for sale by You, or to customer information provided to Us for the purposes of receiving information from You concerning Businesses for sale or concerning potential instructions. For the avoidance of doubt, this warranty applies equally to Our investors;
   
10. Grant You the right to use Our logo and name in any advertising, promotional material and displays in accordance with any instructions that we may issue from time to time.

YOUR COMMITMENT TO US

You:  
   
1. Will ensure that you have good title to the Advert Data being provided to Us and that the reproduction or publication of the Advert Data by Us will not breach any contract or infringe any copyright, trademark or any other personal or proprietary right of any person, or render Us liable to any claim whatsoever and you will indemnify and hold us harmless against any third party claim that use of the Advert Data infringes the intellectual property or other rights of any third party;
   
2. Will be responsible for the accuracy and content of all Advert Data that You upload to Our Website through the Agent Administration Area. You will ensure that, were applicable, all information provided to Us is compliant with the relevant local regulations, codes of practice and other regulatory and compliance standards that may from time to time apply to the advertising of Businesses For Sale;
   
3. Warrant to Us that the Advert Data You up load to Our website through the Agent Administration Area, is of a professional and inoffensive nature, that the mode of delivery of the Advert Data is to the best of Your knowledge free from known viruses and disabling programs and devices and that no information is supplied in breach of obligations of confidentiality or against the wishes of the person from whom You acquired it;
   
4. Will use reasonable endeavors to assist Us in identifying and remedying any unauthorized obtaining and storage of Advert Data displayed on Our website by You;
   
5. Agree that only information on businesses for sale through Your office or offices listed on Our website will be up loaded to Our website by You and displayed on Our website and that You will not cause business information to be placed on Our website on behalf of third parties where You have not secured an instruction from the third party;
   
6. Will use reasonable endeavors to update Your Advert Data to ensure that the Advert Data is and remains accurate including but not limited to any alterations to the price and sale status or withdrawal;
   
7. Will ensure that all payments due to Us pursuant to our pricing structure, as noticed from time to time, are paid promptly in advance of the period to which they relate.
   

GENERAL

1. No forbearance or delay by either party in enforcing its respective rights will prejudice or restrict the rights of that party and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach;
   
2. Either party can immediately terminate the Agreement if the other party enters into any form of insolvency including without limit liquidation, bankruptcy, receivership, administration or is unable to pay its debts as and when they fall due;
   
3. This Agreement, which includes the completed Membership Form and these Terms and Conditions, contains the whole agreement between the parties relating to the subject matter hereof and supersedes all prior agreements, arrangements and understandings between the parties relating to that subject matter.
   


PAYMENT TERMS

1. You can make payments to Us by one of the following methods:

  a) Monthly Standing Order - Monthly charges will be debited from Your nominated bank account on the first working day of each calendar month and relate to that month.
     
  b) Quarterly Invoice - invoices will be sent quarterly in advance and payment must be received within 28 days.
     
  c) Annual Invoice – invoices will be sent quarterly in advance and payment must be received within 28 days.

2. If We are unable to collect a Standing Orders, or you have not paid the invoice within the credit terms, then We reserve the right to deactivate Your Membership and remove Your Advert Data and access to the Agent Administration Area within 24 hours;
   
3. Your payments will be based on your preferred payment method as indicated on your Membership Form. You will be obliged to pay for the duration of the term specified. On expiration of the term this agreement will continue subject to the provision of one month's notice by either party. Changes to pricing on expiration of the term of the agreement will be given at least one month prior to them coming into effect;
   
4. Should you cease to subscribe to BusinessSalesDirect and subsequently wish to rejoin, charges will then be at the prevailing BusinessSalesDirect price;
   
5. A Reconnection Fee equivalent to one months membership per branch/office in Your company network is payable to rejoin as a Member;
   
6. If you have entered into a Free Trial Membership, you will not incur any fees, until we have your written agreement to continue at our current rate.

August 2010


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