"Business Day" means a day (other than a Saturday, Sunday or public holiday) on which banks are open for the transaction of business in sterling in the City of London.
"Credit" means a credit to the account of a Surveying Firm in accordance with these terms and conditions in respect of a Duplicate Lead, Incorrect Lead or a Fictitious Lead. Such credit shall be as determined by Compare My Move with respect to the Lead in question and such credit may not be "cashed in" or otherwise claimed or used by a Surveying Firm and may only be used to offset payment against any Lead supplied in future by Compare My Move.
"Customer" means the person(s) identified in a Lead who are desirous of receiving quotations from Surveying Firms for the supply of Surveying services.
"Compare My Move" means Compare My Move Limited (company number: 08247219) whose registered office is at 33-35 Cathedral Road, Cardiff, CF11 9HB or any other company that Compare My Move Limited may elect to provide Leads to Surveying Firms.
"Duplicate Lead" means a Lead supplied by Compare My Move to a Surveying Firm that contains identical information to that of another Lead supplied by Compare My Move to that Surveying Firm at any time in the preceding 20 Business Days.
"Fictitious Lead" means a Lead supplied by Compare My Move to a Surveying Firm that although replicates the information supplied by the Customer to Compare My Move is in fact spurious and for which there is no genuine contactable Customer.
"Incorrect Lead" means a Lead supplied by Compare My Move to a Surveying Firm that contains information incorrect from that supplied by a Customer to Compare My Move that results in a Surveying Firm not being able to contact that Customer either by email or by telephone.
"Lead(s)" means a Surveying enquiry for quotations from a Customer for the supply of Surveying services at a residential address within the United Kingdom and not in furtherance of any business or commerce carried on by that Customer that has been sent to the Surveying Firm(s).
"Nominated Catchment Area" means the postcode areas specified within a Surveying Firm's registration form for which they wish to receive Lead(s) in respect of and as updated from time to time in accordance with these terms and conditions.
"Nominated Contact" means the person(s) specified on a Surveying Firm's registration form as the person(s) through whom all communications between the Surveying Firm and Compare My Move under these terms and conditions are to be channelled as updated from time to time in accordance with these terms and conditions.
"Surveying Firm" means the relevant business or company that is registered with Compare My Move in respect of the provision of Surveying Leads by Compare My Move to them.
Compare My Move offers Leads to Surveying Firms across the UK on the terms set out herein. Customers visiting our website fill in our form and request quotations for their Surveying requirements from Surveying Firms in their area. The following terms and conditions govern the relationship between Compare My Move and each Surveying Firm in respect of the provision of Leads by Compare My Move to that Surveying Firm.
1. Subject to paragraphs 3, 5 and 9 below, Compare My Move shall endeavor to send Leads to Surveying Firms in respect of their Nominated Catchment Area. A Surveying Firm can add or remove any postcode area from its Nominated Catchment Area by its Nominated Contact giving not less than five Business Days' notice by email to Compare My Move.
2. Any Leads to be provided by Compare My Move under these terms and conditions are to be sent to the relevant Nominated Contact. At least one valid and active email address and working landline number for the Nominated Contact must be provided when registering with Compare My Move.
3. Compare My Move cannot guarantee the number of Leads that will be sent to Surveying Firms. Any Leads are sent at the sole discretion of Compare My Move.
4. Surveying Firms are entitled to state the maximum amount of Leads which they wish to receive, which can be limited to a maximum amount to be received on either a daily, weekly or a monthly basis. Surveying Firms can elect to specify such a maximum amount by its Nominated Contact giving not less than five Business Days' notice by email to Compare My Move.
5. Surveying Firms are entitled to either cancel or suspend their registration with Compare My Move at any time to help control their budgets by its Nominated Contact giving not less than five Business Days' notice by email to Compare My Move. There is no time limit to any period of suspension. For the avoidance of doubt, Compare My Move will not be under any obligation whatsoever to provide Leads to any Surveying Firm that has given notice to cancel or suspend its registration in accordance with the provisions of this paragraph.
6. Any Surveying Firm that has suspended its registration in accordance with paragraph 5 is entitled to re-activate its account at any time by its Nominated Contact giving not less than 5 Business Days' notice by email to Compare My Move.
7. Surveying Firms may change their account details (including, but not limited to, the addition or removal of post code areas from their Nominated Catchment Area) at any time by its Nominated Contact giving not less than five Business Days' notice by email to Compare My Move specifying the details they wish to change.
8. Compare My Move only provides Leads to Surveying Firms and in no way guarantees business from any Lead. It is the responsibility of Surveying Firms to quote and tender to the Customer for the work contained in any Lead.
9. Based on the information provided by the Customer (only), Compare My Move agrees to provide Surveying Firms with a name, contact telephone number, email address and a brief description of the Surveying services sought by the Customer in respect of any Lead. Subject to paragraph 11, Compare My Move will be deemed to have supplied a Surveying Firm with sufficient information regarding a Lead and will be entitled to invoice the Surveying Firm in respect of such Lead once the information specified in this paragraph has been given to a Surveying Firms' Nominated Contact.
10. Compare My Move will send each Lead to no more than 4 Surveying Firms. Where there are more than the above set amounts of Surveying Firms eligible to receive a Lead, Compare My Move will select the relevant number of the eligible Surveying Firms entirely at random.
11. Subject to paragraph 12, in the event of the provision by Compare My Move of either (a) an Incorrect Lead or (b) a Duplicate Lead to a Surveying Firm, that Surveying Firm is entitled to a Credit in respect of that Incorrect or Duplicate Lead.
12. In order to claim a Credit a Surveying Firm must submit its request for such by its Nominated Contact giving notice by email to Compare My Move via email address, email@example.com within five Business Days of receiving the Incorrect or Duplicate Lead. There will be no right to any Credit in the event that Compare My Move is notified of any Incorrect or Duplicate Lead after the aforementioned five Business Day period has lapsed. For the avoidance of doubt, a Credit is the sole remedy for any Incorrect or Duplicate Lead and no refund of cash or any other payment on any account whatsoever shall be payable by Compare My Move to a Surveying Firm and no damages may be claimed.
13. Compare My Move has the right in its sole discretion to determine whether a Surveying Firm is entitled to a Credit in respect of Compare My Move providing a Fictitious Lead. A Surveying Firm wishing to claim a Credit in respect of a Fictitious Lead must submit their request for such by its Nominated Contact giving notice by email to Compare My Move within five Business Days of receiving the Fictitious Lead. Should Compare My Move determine that a Surveying Firm is entitled to a Credit in respect of Compare My Move providing it with a Fictitious Lead, a Credit is the sole remedy for such Fictitious Lead and no refund of cash or any other payment on any account whatsoever shall be payable by Compare My Move to a Surveying Firm and no damages may be claimed
14. Compare My Move has the right in its sole discretion to determine whether any Lead is to be classified as a Duplicate Lead, Incorrect Lead or Fictitious Lead as per these terms and conditions.
15. A Surveying Firm is in no way whatsoever permitted under these terms and conditions to pass on any Lead, or any Customer details contained within a Lead, to any third party whatsoever. To do such an act will be considered a material breach of these terms and conditions for the purpose of paragraph 35 and will render a Surveying Firm's registration with Compare My Move liable to immediate termination.
16. In registering with Compare My Move in order to receive Leads, each Surveying Firm warrants and represents to Compare My Move that:-
17. A Surveying Firm agrees to indemnify Compare My Move against any losses, liabilities, claims, actions and damage that Compare My Move may incur as a result of a Surveying Firms' breach of any of the warranties and representations contained within these terms and conditions and will be considered a material breach of these terms and conditions for the purposes of paragraph 35 below.
18. Compare My Move operates a code of practice that we require all Surveying Firms to adhere to, as outlined below. In registering with Compare My Move, you agree to comply with the following standards. Each Surveying Firm shall:-
19. Compare My Move operates ongoing monitoring processes and failure of Surveying Firms to adhere to our codes of practice can result in the termination of your registration with Compare My Move. Any breach of the above code of practice will be considered a material breach of these terms and conditions for the purposes of paragraph 35.
20. Compare My Move does not accept any responsibility to Surveying Firms for:-
21. Compare My Move also does not in any way whatsoever guarantee:-
22. Surveying Firms agree to pay a fixed sum of £3.99 (excl. VAT) for every valid Lead received from Compare My Move.
23. Subject to paragraph 24, Compare My Move offer two payment account options to Surveying Firms that are registered with Compare My Move: one is a credit account, which are offered entirely at the discretion of Compare My Move, and the other is a pay as you go account ("PAYGA"), both of which are more fully explained below.
24. Credit accounts are offered by Compare My Move as a method of payment entirely at its discretion and is under no obligation to offer a credit account facility. In agreeing to open a credit account for a Surveying Firm, Compare My Move may, in its discretion, require any Surveying Firm to make a payment on account for such amount as Compare My Move considers appropriate and / or impose a monthly credit limit on that Surveying Firm's credit account.
25. Surveying Firms that Compare My Move permits to pay for Leads by way of a credit account will be invoiced by Compare My Move on or around the 1st of each month for all Leads supplied to that Surveying Firm in the previous month. Payment of these invoices is to be made by direct debit and will be taken from a Surveying Firm's designated account on or after the 15th of every month or next working day.
26. Surveying Firms holding a PAYGA are required to deposit funds to keep their account in credit to receive Leads. A minimum £50.00 deposit is required to activate a PAYGA. A Surveying Firm, if it so wishes, can provide a continuous payment authority to allow Compare My Move to take payments for such amounts and at such regularity as that Surveying Firm may decide. If a continuous payment authority has been given by any Surveying Firm, it may elect to revoke this authority at any time by its Nominated Contact giving Compare My Move not less than five Business Days' notice by email of such revocation. For the avoidance of doubt, Compare My Move is not obliged to take payments from such credit/debit card provided as a part of the continuous payment authority and it is the Surveying Firm's responsibility to ensure that its account has sufficient credit in order to receive Leads.
27. In the event that the balance of a Surveying Firm's PAYGA falls to an amount that is less than the cost of any one Lead ("the Minimum Balance"), that Surveying Firm's registration will be deemed suspended in accordance with the provisions of paragraph 5 and, as such, Compare My Move will be under no obligation to provide Leads to that Surveying Firm during the period of suspension. Once a Surveying Firm's PAYGA balance is increased to a level above the Minimum Balance, the PAYGA in question will be deemed immediately re-activated and that Surveying Firm will be immediately eligible to receive Leads. For the avoidance of doubt, where a Surveying Firm has chosen to receive various types of Leads, the Minimum Balance for the purpose of this paragraph shall be by reference to the cost of the most expensive Lead that they have chosen to be supplied with.
28. Any late payments by a Surveying Firm under these terms and conditions will incur a charge of £25.00. A late payment is for any payment received after the due date indicated on an invoice. In addition, where Compare My Move has unsuccessfully attempted to collect a payment by direct debit from a Surveying Firm for any amount that is owed in accordance with these Terms and Conditions, the Surveying Firm's account with Compare My Move will be immediately deemed suspended in accordance with the provisions of paragraph 5 and will only be reactivated the Surveying Firm has repaid all outstanding amounts by it to Compare My Move, which, for the avoidance of doubt, shall include the charge of £25.00 imposed by this paragraph.
29. Compare My Move reserves the right to impose further charges if invoices become seriously overdue (more than 14 days). These can include interest, costs for outsourced debt collection and/or solicitors & court costs if necessary.
30. If a Surveying Firm elects to cancel its account with Compare My Move in accordance with these Terms and Conditions, any amount that the Surveying Firm has in credit with Compare My Move within its PAYGA will be refunded to that Surveying Firm within 15 Business Days of cancellation, subject to the right of Compare My Move to apply such credit towards satisfying any other outstanding debts that the Surveying Firm has with Compare My Move.
31. Surveying Firms agree and acknowledge that the contact information provided for the Nominated Contact within its registration form is correct. Any changes to the Nominated Contact's contact information must be notified to Compare My Move by the Nominated Contact giving Compare My Move not less than five Business Days' notice by email. The variation to this contact information will become effective on the expiry of this period.
32. If a Surveying Firm's Nominated Contact's contact information changes and no notice of this has been given to Compare My Move in accordance with paragraph 31 above, any Leads sent to the Surveying Firm's Nominated Contact will be charged at the full rate even if they are not in fact received due to the change of contact information that Compare My Move had not been notified of.
33. Compare My Move reserves the right to increase the price of for the supply of Leads at any time.
34. As part of our ongoing monitoring service Compare My Move may contact customers to obtain feedback and testimonials regarding the services they have received by Surveying Firms. Surveying Firms agree that any such information is the property of Compare My Move and agree to Compare My Move displaying any such information on its website. Furthermore, Surveying Firms agree not to publish this information on their own websites for marketing materials without the written permission of Compare My Move. Any such use of information will be considered a material breach of these terms and conditions for the purpose of paragraph.
35. Compare My Move will be entitled to terminate a Surveying Firm's registration with immediate effect on giving notice by email to a Surveying Firm in the event of any of the following occurring:-
36. On termination of a Surveying Firm's registration in accordance with the provisions of paragraph 35, a Surveying Firm shall immediately pay to Compare My Move all amounts owed to Compare My Move arising on any account whatsoever together with any interest accruing thereon.
37. Nothing in these terms and conditions shall exclude Compare My Move's liability for death or personal injury caused by its, or its employees, negligence, for fraud or fraudulent representation or for any other matter in respect of which it would be unlawful for Compare My Move to exclude or restrict liability.
38. Subject to paragraph 37:-
39. Neither party shall be liable for any failure or delay in performing its obligations under these terms and conditions to the extent that such failure or delay is caused by a Force Majeure Event. A "Force Majeure Event" means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
40. Compare My Move may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these terms and conditions. A Surveying Firm may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under terms and conditions without the prior written consent of Compare My Move.
41. Unless otherwise provided in these terms and conditions, any notice given to a party under or in connection with these terms and conditions shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or e-mail.
42. A notice or other communication shall be deemed to have been received:-
43. Without prejudice to paragraph 42, any notices to be sent by email in accordance with these terms and conditions shall:-
44. The provisions of paragraphs 42 and 43 shall not apply to the service of any proceedings or other documents in any legal action
45. If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these terms and conditions.
46. A waiver of any right or remedy under these terms and conditions or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under these terms and conditions 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.
47. Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between Compare My Move and any Surveying Firm, constitute Compare My Move or any Surveying Firm the agent of the other, or authorise Compare My Move or any Surveying Firm to make or enter into any commitments for or on behalf of the other.
48. A person who is not a party to the contract formed by these terms and conditions between Compare My Move and a Surveying Firm shall not have any rights to enforce its terms.
49. Compare My Move reserves the right to vary the provisions of these terms and conditions (including the price of any type of Lead) at any time by giving 20 Business Days' written notice in advance of such changes. Unless a Surveying Firm terminates their registration with Compare My Move within this period, they will automatically be bound by the terms and conditions after this 20 Business Day period lapses.
50. These terms and conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales and Compare My Move and Surveying Firms each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).