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Marketing Partner MyHome.ie

Letting Agent Terms of Service

LETTING AGENT TERMS OF SERVICE

Services: Upon acceptance of these terms, NewAddress.ie agrees to provide the Letting Agents Change of Tenants Name Service (the "Service") to the User/Letting Agent (the "Client") in accordance with the terms of this Agreement.

or

Services: In consideration of the payment of the Fees by the User/Letting Agent (the "Client"), NewAddress.ie agrees to provide the Letting Agents Change of Tenants Name Service (the "Service") to the Client in accordance with the terms of this Agreement.

Fees: The Client agrees to pay the Fees as set out in the Service Agreement. NewAddress.ie reserves the right to change the Fees on 30 days advance written notice to the Client. NewAddress.ie reserves the right to charge interest on all overdue amounts at the rate of 2% above the rate referred to in the European Communities (Late Payment in Commercial Transactions) Regulations 2002.

Software Licence: NewAddress.ie grants a non-exclusive and non-transferable licence to the Client to use its Letting Agent / Extranet Application (the "Software") during the term of this Agreement for the sole purpose of availing of the Services. All intellectual property rights in the Software and any modifications supplied by NewAddress.ie belong to and shall belong to NewAddress.ie and the Client acknowledges that it has no ownership claims or rights whatsoever in the Software and any such modifications.

Client Obligations: The Client acknowledges that NewAddress.ie's ability to fulfill its obligations under this Agreement is dependent upon Client's full and timely co-operation with NewAddress.ie, as well as the accuracy and completeness of any information and data that the Client provides to NewAddress.ie. To this end, the Client is responsible for inputting and updating any customer data required via the Software. The Client undertakes to ensure that data provided via the software is checked against the Client's own data records for accuracy.

Warranties: The Client warrants that all information which it supplies to NewAddress.ie in accordance with this Agreement will be true and accurate and the Client acknowledges that NewAddress.ie will rely on such information in performing the Services. NewAddress.ie does not warrant that the operation of the Services, the Software or any modifications of the Software will be uninterrupted or error or interruption free. The express terms of this Agreement are in lieu of all warranties, conditions, undertakings, terms of obligations implied by statute, common law, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.

Liability: Neither party shall be liable to the other for any special, incidental, indirect, punitive or consequential loss or damages in relation to this Agreement, whether occasioned by the negligence, fault, error, omission, act or breach of the other party, its employees and contractors and sub-contractors and such special, incidental, indirect, punitive or consequential loss or damages shall include, without limitation, loss of business, revenue or profits, loss of use, loss of data, loss of savings or anticipated savings, loss of investments, loss of goodwill, capital costs or loss due to extra administrative cost whether or not foreseeable, arising out of or in connection with this Agreement, whether in an action based on contract, equity or tort including negligence or other legal theory. Notwithstanding any other provision of this Agreement, the aggregate liability of NewAddress.ie for or in respect of all breaches of its contractual obligations under this Agreement and for all representations, statements and tortious acts or omissions (including negligence but excluding negligence causing loss of life) arising under or in connection with this Agreement shall in no event exceed the Fees paid by the Client pursuant to this Agreement prior to the date of the breach.

Terms and Termination: This Agreement is valid for the initial term set out in the Services Agreement. Unless terminated on at least 30 days written notice prior to the end of the Term, the Agreement will automatically renew and, thereafter, may be terminated by either party upon serving the other not less than 90 days written notice. NewAddress.ie may terminate this Agreement with immediate effect where the Client breaches this Agreement. The Client or NewAddress.ie may terminate this Agreement with immediate effect by written notice if the other party commits or threatens to commit or experiences any act of bankruptcy or liquidation or other insolvency event. The express rights to terminate this Agreement will be without prejudice to any other accrued right or remedy of either party including accrued rights or remedies in respect of the breach concerned (if any) or any other breach, or which the Parties have accrued prior to termination.

Confidentiality: Both during and after the Term, NewAddress.ie and the Client agree to keep in confidence all confidential information in relation to the other parties. business which includes information relating to customers, finances, personal data, and other information considered confidential by the parties or which either party is informed is confidential or might or ought reasonably expect that the other party would regard as confidential or is marked "Confidential".

Data Protection: In discharging their respective obligations under this Agreement, the Client and NewAddress.ie shall each be responsible for their compliance with the provisions of the Data Protection Acts, 1988 and 2003 and any amendments to same.

General: No variation to this Agreement shall be valid or binding unless confirmed in writing by both NewAddress.ie and the Client. This Agreement is subject to the laws of Ireland and the Irish Courts shall have exclusive jurisdiction in relation to all disputes arising out of or in relation to it. If any provisions of this Agreement are held to be unenforceable, illegal or void in whole or in part the remaining portions of this Agreement shall remain in full force and effect. No Party shall be liable to the other for any delay or non-performance of its obligations under this Agreement (save for the obligation of the Client to pay the Fees) arising from any cause or causes beyond its reasonable control. A waiver by either Party to this Agreement of any breach by the other party of any of the terms of this Agreement or the acquiescence of such party in any act which but for such acquiescence would be a breach as aforesaid, will not operate as a waiver of any rights or the exercise thereof.

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