1. Introduction
1.1. Agent Vision ("we," "us," "our") is a trading name of Agent Works Ltd, a company incorporated and registered in England and Wales with company number 12155803, whose registered office is at Parkhill, Walton Road, Wetherby, LS22 5DZ.
1.2. These Terms and Conditions ("Agreement") govern the business-to-business relationship between Agent Vision and you ("the Client," "you," "your"). By placing an order through our website, you agree to be bound by these terms. You permit us to deliver elements of our services electronically to perform our obligations under this Agreement.
2. Services
2.1. Agent Vision provides a "business in a box" solution for individuals starting an independent letting and/or estate agency business. This includes training materials, documents, websites, proprietary software, and ongoing support.
2.2. Services are provided subject to the terms herein. By ordering, you accept these terms, which are prompted for acceptance on our website or confirmed during telephone orders.
3. Copyright
3.1. All materials, including training documents, software, and website content provided by Agent Vision, are protected by copyright. Any republication, reproduction, or redistribution without our prior written consent is strictly prohibited.
3.2. Names, images, and logos identifying Agent Vision, Agent Works, or third-party interests are subject to copyright. Copying or using such logos without prior approval from the relevant copyright owner is prohibited.
4. Confidentiality
4.1. Each party shall protect the other’s Confidential Information with at least the same degree of care as it uses for its own confidential information, exercising at least reasonable care.
4.2. You agree not to disclose our advanced working methods, marketing strategies, processes, procedures, or systems obtained through our operating manual, software, or website services.
4.3. Confidential Information may be shared with employees, affiliates, or professional advisers, provided they are bound by written confidentiality obligations.
4.4. You may not re-sell, gift, or transfer our materials to any other person or entity without our prior written consent.
5. Website and Software Services
5.1 Our website package provides a fully responsive estate agency website tailored to your brand, including:
5.2 We aim to complete website setup within 5 working days. Your website will be uploaded to a preview area for review and approval. Post-launch, you may customise layouts, images, text, and pages via the CMS at no additional cost. Complex changes will be quoted separately.
5.3 Billing commences upon launch or on the third monthly anniversary of purchase, whichever occurs first.
5.4 Services are provided on a rolling monthly basis, with pricing as displayed on our website at the time of purchase, plus VAT, and applies per branch. Prices may be updated, with add-ons or integrations quoted separately.
5.5 You must set up automatic card payment or direct debit for billing, with invoices emailed to your registered email address.
5.6 Our cloud-based software is compatible across devices; some third-party services may require Windows.
6. IP Address Allocation
6.1. We assign an IP address to your website as part of our hosting service to ensure online accessibility.
6.2. You do not own the IP address, and it cannot be transferred. If we need to change the IP address (e.g., for server upgrades), we will notify you in advance via email or telephone and take reasonable steps to minimise disruption.
7. Backups
7.1. You are responsible for maintaining secure backups of your website content, including property listings, images, and client data.
7.2. We perform regular server backups. If you accidentally delete content, you may request restoration, subject to a reasonable fee communicated in advance.
7.3. If content is lost or damaged due to our actions or those of our service providers, we will make reasonable efforts to restore it. We are not liable if restoration is not possible.
7.4. Our liability for data loss or damage is limited to the amount paid for the hosting service. We recommend maintaining your own backups.
8. Hosting Service
8.1. We provide unlimited hosting subject to a fair usage policy based on typical data storage needs of an average letting or estate agency (e.g., property listings, images, client data).
8.2. Hosting must not be used for illegal activities, as a backup/storage repository, or in ways that excessively strain server resources. If usage exceeds fair limits, we will notify you via email or telephone, providing 14 days to adjust or discuss solutions (e.g., plan upgrades or additional costs).
8.3. Persistent breaches after notification may result in suspension or termination of hosting services, with prior notice where possible.
8.4. We aim for at least 99.9% server uptime but do not guarantee specific performance metrics due to third-party dependencies. Remedies for service issues are limited to reasonable fixes or, at our discretion, service credits.
9. Support
9.1. Support is available via email and telephone from 9 AM to 5 PM, Monday to Friday. Email support requests must come from your registered email address.
9.2. Consult our step-by-step operating manual before contacting support to prioritise urgent requests. Excessive or misuse of support may lead to limited or declined assistance.
9.3. You should have basic computer skills (e.g., setting up email, using Microsoft Office or similar). We provide guidance on our systems but not for personal devices or general IT issues.
10. Domain Names
10.1. We will attempt to register your chosen domain name but are not liable if it is unavailable, refused by the registry, or violates laws or third-party rights (e.g., trademarks).
10.2. You confirm legal ownership or authority over any domain you instruct us to connect to our servers.
10.3. You are responsible for domain renewals. We may send reminders, but you must maintain your own renewal system. If a domain expires, services continue, and charges apply until renewed.
11. Links to Our Website
11.1. We may link your website to our affiliated sites by default. You may request removal of such links at any time.
12. Changes to DNS or Domain Name Settings
12.1. Requests to modify domain name settings or transfer domains to another provider may incur a fee of £40 plus VAT, confirmed in writing before proceeding.
12.2. You must back up all files, emails, property data, and records before transfer. Upon transfer completion, your service with us terminates, and all associated data is securely deleted.
13. Appropriate Use of Services
13.1. If we reasonably determine you are using our services illegally, we may terminate your account immediately, providing a written explanation where legally permissible.
13.2. All website data must comply with applicable laws, including the Consumer Protection from Unfair Trading Regulations 2008, the Business Protection from Misleading Marketing Regulations 2008, and the Estate Agents Act 1979. You are responsible for compliance and should seek legal advice if needed.
13.3. You agree to indemnify us against costs, losses, or liabilities from third-party claims due to your breach of this Agreement or applicable laws.
13.4. You must set up a Google Maps account to obtain an API key for map features. You are responsible for monitoring Google’s usage limits to avoid additional charges. Refer to https://cloud.google.com/maps-platform/pricing for details.
14. Intellectual Property and Indemnities
14.1. We retain all intellectual property rights to our systems, including the property database and software. You are prohibited from reverse-engineering any element of our services.
14.2. Each party agrees to indemnify and hold harmless the other party, its affiliates, officers, agents, and employees against claims, losses, damages, or expenses arising from their acts or omissions in connection with this Agreement, to the extent permitted by law. This indemnification survives termination.
15. Liability
15.1. Nothing in this Agreement limits either party’s liability for death, personal injury, fraud, or fraudulent misrepresentation.
15.2. Our aggregate liability for any loss or damage arising from this Agreement shall not exceed the fees paid by you in the three months preceding the loss or damage.
15.3. We are not liable for loss of sales, commissions, goodwill, reputation, or client content, indirect or consequential losses, and economic losses (e.g., loss of revenues, profits, contracts, or anticipated savings).
15.4. All implied conditions, representations, or warranties are excluded to the extent permitted by law.
15.5. You acknowledge these limitations are reasonable and confirm you have taken independent legal advice.
16. Notices
16.1. All notices must be in writing and sent to [email protected] or your registered email address, or another address notified by either party.
16.2. To cancel services, email [email protected] from your registered email address with at least one month’s notice.
17. Force Majeure
17.1. Neither party is liable for delays or failure to perform obligations due to events beyond their reasonable control (e.g., natural disasters, server outages).
17.2. The affected party is entitled to a reasonable extension of time. If the delay exceeds 60 business days, the unaffected party may terminate this Agreement with 5 business days’ written notice.
18. Waiver
18.1. A waiver of any right or remedy is effective only if in writing and does not waive subsequent rights or remedies.
18.2. Failure or delay to exercise a right or remedy does not constitute a waiver or restrict further exercise.
19. Governing Law and Jurisdiction
19.1. This Agreement is governed by and construed in accordance with the laws of England and Wales.
19.2. The courts of England and Wales have exclusive jurisdiction over any disputes or claims (including non-contractual) arising from this Agreement.
20. Severance
20.1. If any provision of this Agreement is invalid, illegal, or unenforceable, it shall be deemed deleted without affecting the remaining provisions.
20.2. The parties shall negotiate in good faith to replace any deleted provision with one achieving the original commercial. intent.
21.Variation
21.1. We may amend these terms due to changes in market conditions, technology, payment methods, or legal requirements. Updates will be sent to your registered email.
21.2. No variation is valid unless in writing and issued by us.
22. Entire Agreement
22.1. This Agreement constitutes the entire agreement between the parties, superseding all prior agreements, promises, or representations, whether written or oral.
22.2. Neither party has remedies for statements or representations not in this Agreement, except for fraudulent misrepresentations.
23. Third-Party Rights and Assignment
23.1. You may not assign, transfer, or dispose of this Agreement or your rights without our prior written consent.
23.2. We may assign, transfer, or subcontract this Agreement or our rights at any time.
24. Disclaimer
24.1. While we ensure our materials comply with English law and are used in our own letting/estate agency business, we, our employees, or associates are not liable for any losses arising from your use of our products or services.
24.2. You operate your business at your own risk and should seek legal advice when acting on our materials or services.
24.3. Optional SEO services are available to enhance visibility but do not guarantee specific rankings.