Terms & Conditions

Please read our terms and conditions set out below. By ticking the box “I agree to Moving Online’s terms & conditions” you agree to these terms and conditions.

Terms of this agreement:

Definitions within this agreement;

The following words and/or phrases shall, unless the context otherwise requires, have the following meanings:

“Property” The property address for which you have instructed us to sell

“Sale Price” The price agreed with your buyer for the sale of the property.

“Buyer” The person buying your property.

“Seller” The owner of the property or the person who is entitled to sell the property.

“You” The owner of the property or the person given the benefit to or who is entitled to sell the property.

“Exchange Date” The date on which contracts for the sale of the property are legally exchanged and are legally binding.

“Completion Date” or “Completion” The date agreed by both buyer and seller that is the legal completion of the sale/purchase.

“Fee” or “Fees” The amount payable to Moving Online in respect of fees due.

“Moving Online or We or Us” Moving Online

“On the market” This means that your property is being listed on the Moving Online website and/or our partner sites.

“Conveyancer” The solicitor or licenced conveyancer acting upon behalf of either the Seller or the Buyer

“Website” The website operated by us to which you shall be allowed access

 

Fee / Terms

1a.Moving Online offer 3 plans on a No Sale No Fee basis. The ‘Bronze’ Plan priced at £495 and the ‘Silver’ Plan priced at £595 and the ‘Gold’ plan priced at £695. All prices shown include vat.  The fee for each plan becomes payable on completion of the sale of the property.

After the 12 months marketing period of your property has expired it will be withdrawn from all portals. The 12 months marketing period starts on the day Moving Online advertises your property on the Moving Online website. If you wish to extend your marketing period you can do so free of charge by advising Moving Online prior to the end of the 12 month marketing period.

1b. NO SALE – NO FEE
Sole Agency Agreement
Where the agent acts on behalf of the seller(s) as sole agents, the seller(s) will be liable to pay remuneration to the agents, in addition to any other costs or changes agreed. If at any time unconditional contracts for sale of the property are exchanged with a buyer introduced by the agent during the period of their sole agency or with whom the agent had negotiations about the property during that period, or with a buyer introduced by another agent during that period.

The agent will be able to claim the agreed commission/fee for a period of three months after the expiry/cancellation of the sole agency agreement. If a buyer introduced during the sole agency period goes on to purchase the property within three months of expiry of the agreement.

Termination of sole agency
Either party can terminate a sole agency agreement at any time by giving 28 days notice, which should be confirmed in writing.

Double commission warning
If another agent introduces a buyer to the seller during the period of the sole agency agreement, this will be regarded as an introduction by the agreed agent and the seller will have to pay the issued agents fees as well as the other agent.

1c. Private buyers
Our fee is still payable if the seller finds their own buyer.

No Sale – No Fee service covers estate agency and marketing services for a period of 12 months.

After the 12 months marketing period of your property has expired it will be withdrawn from all portals. The 12 months marketing period starts on the day Moving Online advertises your property on the Moving Online website. If you wish to extend your marketing period you can do so free of charge by advising Moving Online prior to the end of the 12 month marketing period.

If the property is not sold during the 12 month marketing period and you wish to take your property off the market, you will not be charged.

Moving Online offer their ‘Free Listing’ Plan, where your property will be listed for free.  Under the terms of this plan, Moving Online will list your property on their website as well as the main property portals, Rightmove, Zoopla and Primelocation  and supply a for sale board, without charge.  Moving Online reserve the right to reduce their portal suppliers and should the partners decide to no longer use the services of any of the Portal providers, you will be notified in advance and your property will no longer be listed on that Portal. You will be required to upload your own photos of the property and provide a property description. You will be able to create your own account on our website which will allow you to access the online valuation tool, request a conveyancing quote and enable you to communicate with any prospective buyers.

Optional extras (Free Listing)

With the ‘Free Listing’ plan, you will be offered a selection of optional extras to enhance the marketing of your property.  These extras are optional and you are not required to purchase any or all of the extras as a condition of selecting the ‘Free Listing’ Plan.

Any extras that are selected must be paid for at the point of selection.  Your property will not be listed until we have received payment for any or all of the extras selected.

2. All add ons and/or upgrades are listed on the Moving Online website and are listed at the correct price at the time, changes to the prices can take place at any time and you the purchaser are not entitled to any discount if the add ons and/or upgrades that you bought are reduced in price at a later stage.

On the Bronze, Silver and Gold Plans Moving Online aerial drone photographs are included.  However, the drone cannot be used in all instances as property location, type and weather conditions can impact on whether or not the drone can be used.  The drone operator will have the final decision on the day.  There is no partial fee refund if drone photos cannot be taken.

3. If your property is being advertised by another agent, it is your responsibility to ensure you are allowed to advertise with Us at the same time. If you advertise with Us and you are not allowed to within your other agent’s terms of contract then we can stop your listing with Us within 24 hours, but you will not receive any refund. While you are advertising with more than one agent, you will be subject to our fees and if the other agent sells your property they will be entitled to their fee under their contract.

4. The fees charged are for the listing of one property, any additional properties listed are subject to a Fee per property.

5. Your listing is with Moving Online and portal partners (which can change without notice). We confirm that the point of instruction we are a Member of The Property Ombudsman – www.tpos.co.uk, You must by law comply with the Consumer Protection from Unfair Trading Regulations 2008. The Consumer Protection from Unfair Trading Regulations 2008 requires you to disclose any information of which you are aware in relation to the property in a clear, intelligible and timely fashion. Answers to questions about the property must be truthful and not misleading.

6. Moving Online guarantees that your property is listed on the Moving Online website (Subject to any unforeseen IT problems). Third party website portals are subject to change, they may or may not be controlled by Moving Online and we do not guarantee continued presence on these websites, also sometimes these portals do encounter ‘feed’ issues with property listings and again, while they are correcting these feed issues Moving Online is unable to offer any guarantee when the listing will be back up live and showing on that particular property portal although it is the policy of Moving Online to upload all our property details on to our property portal networks at all times. Sometimes part of your listing may not entirely feed to our portal partners, it is your responsibility to check your listing and inform us of anything not showing correctly, any missing elements or any misdescription of your Property. Please note you should not mislead any Buyer and if you breach these terms and it comes to our knowledge that you have done so you will be advised to amend the same and we reserve the right to amend or delete your Property details as appropriate to ensure compliance. Please note that if you fail to disclose any material information relating to your Property or misrepresent or mis-describe it you may be liable to any buyer if that buyer suffers loss because of your act or omission

7. Your listing will automatically receive 12 months of marketing during which time we will list your property on our website and all partner websites.

8. Your initial listing with Moving Online has a 12 month expiry but will not be de-listed until we have contacted you about extending your marketing. In the event we cannot contact you we will withdraw your property.

9. If you are supplying your own photographs (maximum 25) and description we require these to be accurate when they are sent to us or uploaded onto our site.

10. If you have paid for photos and other add ons, you must contact Moving Online by the online appointment calendar to arrange a visit. Moving Online reserve the right to take your listing off its site and off the portals if notified by a third party that the photographs used may not be permitted for use by the Seller. Moving Online will notify the Seller and re-list the property as soon as the correct photographs are displayed or the authorisation is received from the third party. If we are providing your photographs the fee paid will be for taking the photographs of one property. If a property has outbuildings or holiday lets, there will be an additional charge for these extra properties. The same will apply for any additional floor-plans.

11. Regarding the price of your property, we have online tools to help you value your property from the data we have which is pulled in from various sources such as Rightmove and Zoopla and takes into account national and regional trends in the housing market, however the price at which you decide to market your property will be solely down to your own choice. If you should choose to ignore the available data this may affect the saleability of your Property

12. If you have or intend to order the Rightmove Premium Listing or the Zoopla Premium Listing then it’s important for you to know that this is a one-time activation that lasts for twelve months but only on a continued marketing basis. For example, if you choose to withdraw your property after two months of activation then your Rightmove Premium Listing will instantly come to an end. Premium Listings are sometimes activated a number of days after your listing. If for any reason you choose to withdraw your property and then you re-list the property at any time after this then you will no longer be able to use the Premium Credit unless you purchase another one. This is the way Rightmove operate the Premium Listings option and not something we have control over.

13. Featured properties. If you order a featured property please allow up to 7 days for your featured property to appear.

14. Applicants will be guided towards messaging our Sellers directly. Their information will not be passed on apart from their Moving Online Username without their express prior permission.

15. In most cases viewings will be made online via our automated viewing tool within the property search facility. Viewings requested through our Dashboard network will automatically link up with this functionality. Applicants requesting to make a viewing via the telephone will be directed to automate their viewing. Once a viewing has been arranged, the confirmation email to both the Seller and the potential Buyer will list the Property address, the time of the viewing, both parties and their respective contact details (name and phone numbers). If after confirmation has been sent to both parties, Moving Online have no responsibility if either party do not show up for a viewing. Viewings are carried out by the Seller or their representative.

16. Moving Online confirms that (unless otherwise instructed in writing by you, the Seller) pursuant to the Estate Agents Act 1979 we will forward to you accurately in writing (which includes email correspondence), all offers from prospective Buyers within two days.

17. Once a sale has been agreed, Moving Online will prepare and send out a Memorandum of Sale by email or to you (or on your online account) and to both sets of Conveyancers involved and a copy shall also be sent to your prospective Purchaser.

18. The Seller(s) hereby confirms and covenants that he/she/they have the necessary authority, power and capacity to enter into this agreement;

19. The Seller(s) hereby confirms and covenants that he/she/they are the beneficial owner(s) of the property; or have the authority from the beneficial owner to sell the property on the above terms.

20. Under current anti Money Laundering Regulations we must carry out identity checks on both Buyers and Sellers of the Properties that we market. Pursuant to these Regulations, it will be necessary for you to provide all the information we ask for

21. Moving Online may also use third parties to carry out checks

22. The seller must provide an Energy Performance Certificate (EPC).

23. A For Sale board will be delivered and erected usually within 5 to 7 days Moving Online cannot accept any responsibility for any damage or loss suffered as a result of the For-Sale board being erected or for any delays in the same. If any board is damaged or needs replacing and the cause is not due to our own negligence, then a fee of £30 inc VAT will be charged

24. If your board relates to part of a building in multiple occupation, it should indicate the part of the building to which it relates. I.e., Ground Floor Flat. It is the responsibility of the Seller to ensure the property is not subject to any restriction before having the board erected. If your property is subject to restrictions and the board cannot be erected for any reason, you must advise Moving Online as soon as possible.

25. Moving Online cannot accept responsibility for the maintenance or repair of unoccupied properties during marketing or once a sale has been agreed.

26. Moving Online and/or its licensors own all rights in the intellectual property rights relating to the services they provide and the Website.

27. You are expressly prohibited from; Reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Service and the Website including without limitation, any information, articles, photographs, images or submissions.

28. You are expressly prohibited from; Removing, modifying, altering or using any registered or unregistered marks/logos/design owned by Moving Online and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Moving Online or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Moving Online.

29. You agree that you are solely responsible and liable for all activities on the Website.

30. You must promptly notify Moving Online in the event there is a breach of security or any unauthorised use of your login details . Moving Online may be contacted by email at hello@movingonline.co.uk

31. You shall not submit to the Website, any information, Property data, review, comment, images, link or other material whatsoever in all format that may reasonably be deemed to be offensive, illegal, inappropriate or in any way discriminatory

32. You shall not promote racism, bigotry, hatred or physical harm of any kind against any group or individual;

33. You shall not harass or advocate harassment of another person;

34. You shall not display pornographic or sexually explicit material;

35. You shall not promote any conduct that is abusive, threatening, obscene, defamatory or libellous;

36. You shall not promote any illegal activities;

37. You shall not provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;

38. You shall not promote or give information that you know or believe to be inaccurate, false or misleading;

39. You shall not engage in or promote commercial activities and/or sales, without the prior written consent of Moving Online

40. You shall not infringe any rights of any third party.

41. You acknowledge that making a user submission does not guarantee that such user submission, or any part thereof, shall appear on the Website, but agree that Moving Online may, at its sole discretion, choose to display any such submission or any part of that submission that you make on the Website and you hereby grant to Moving Online a non-exclusive, perpetual, irrevocable, worldwide licence to do so.

42. You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any user submissions that you make to the Website.

43. You hereby grant to Moving Online a non-exclusive, irrevocable licence to make the user submissions available to other users of the Website and to edit the user submissions in the event that Moving Online deems it necessary or desirable to do so for any reason.

44. You hereby grant to Moving Online a non-exclusive, irrevocable licence to make any submissions you make to our Website available to other media and publications and to edit the submissions in the event that Moving Online deems it necessary or desirable to do so for any reason. This can also include other portal partners who may be listing your Property on our behalf and may contact you regarding their services.

45. If you feel that any submission made by other users is objectionable, you are advised to contact Moving Online using the contact details set out on the Website. Moving Online shall use its reasonable endeavours to review the relevant submission as soon as is practicable and shall take such action as it deems necessary, if any.

46. You further agree not use your login details with the intent of impersonating another person;

47. You further agree not to use the information presented on the Website or derived from our services for any purposes other than those expressly set out in these Terms;

48. You further agree not to do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;

49. You further agree not use the Website, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;

50. You further agree not use any information obtained using the Website otherwise than in accordance with these Terms;

51. You further agree comply with all instructions and policies from Moving Online from time to time in respect of the Website.

52. You further agree to co-operate with any reasonable security or other checks or requests for information made by Moving Online from time to time.

53. You further agree to use the information made available to you on the Website at your own risk.

54. In the event that Moving Online, in its sole and absolute discretion, considers that you have breached any of the terms set out above, Moving Online shall reserve the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice of your use of and access to the Website; and in the case of illegal use, the instigation of legal proceedings or reporting the same to third parties for further investigation as appropriate.

55. Without prejudice to any of our other rights and remedies, Moving Online reserves the right, in its sole and absolute discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of this clause.