Website Terms & Conditions
In these Client Terms and Conditions the following terms shall have the following meanings:
“Client” means an individual property owner or joint owners or company owning such property who has entered into an agreement with HOME CORNWALL LTD as detailed by a Client & Property Registration Form OR a client may be an estate agent and/or lettings agent (and in Scotland, solicitor agents), or legal representative acting on behalf of a Client where the client has so instructed and in accordance with details set out in the Client & Property Registration Form;
“Content” means any and all content and materials (including property details and any intellectual property rights of whatsoever nature) supplied or made available by, on behalf or on the instruction of, the Home Cornwall Ltd to HOME CORNWALL LTD on the Website(s);
“Contract” or “Agreement” means a contract for Services between HOME CORNWALL LTD and the Client governed by these Client Terms and Conditions, the Client & Property Registration Form and, where appropriate, Product Specific Client Terms and Conditions;
“Developer” means a property developer, details of which are set out in the Client & Property Registration Form;
“DPA” means the Data Protection Act 1998;
“Fees” means the amounts due to HOME CORNWALL LTD by the Client under the Contract and set out or calculated in accordance with the Client & Property Registration Form (or as varied from time to time in accordance with clause 4.9);
“Force Majeure Event” means an event beyond the reasonable control of the party affected by it;
“Initial Term” means an initial term of the Contract, if any, as set out in the Client & Property Registration Form (as extended from time to time in accordance with clause 7.7);
“Lead” means either an email or telephone call received by the Client from buyers, renters, owners or any other party, who has contacted the Client using the contact form or contact details supplied on the Website(s);
“Logo” means the HOME CORNWALL LTD logo or any other logo as HOME CORNWALL LTD may from time to time provide electronically to the Client ;
“Marketing Materials” means the marketing materials provided to the Client by HOME CORNWALL LTD or any Group Company for the purpose of promoting the Services;
“Client ” means the Agent or the Developer;
“Minimum Term” any minimum order period or term (other than the Initial Term) for Services as set out in a Services Amendment Form;
“Client & Property Registration Form” means the Client & Property Registration Form for Services (as amended or added to from time to time by a Services Amendment Form, or otherwise by the parties in writing) indicating the Services to be provided under the Contract;
“Personal Data ” means as the same is defined by the DPA;
“Product Specific Terms and Conditions” means additional terms and conditions that relate to specific Services provided by HOME CORNWALL LTD and to which, in addition to these Client Terms and Conditions, the Client shall be subject whilst in receipt of such Services;
“Services” means the services to be provided by HOME CORNWALL LTD as set out in the Client & Property Registration Form and which may include any, or a combination, of the following:
A process facilitating the upload by the Client of property details (including images) to the Website(s);
- Displaying the Client ‘s properties on the Website(s);
- Providing the Client with a listing within the Website(s);
- The provision of Leads to the Client;
- The provision of advertising services to the Client;
- The provision of reports and access to reporting tools to the Client ; and
- Any other services provided by HOME CORNWALL LTD from time to time.
“Services Amendment Form” means a services amendment form, additional products Client & Property Registration Form or any other form provided by HOME CORNWALL LTD and signed by the Client indicating an amendment or addition to the type or level of Services set out in the Client & Property Registration Form;
“Start Date” a start date for the Contract as may be specified in the Client & Property Registration Form; “Unique User” means a uniquely identifiable visitor to the Website(s) within any calendar month;
“Upload Systems” means any system made available by HOME CORNWALL LTD to the Client to facilitate the supply of Content to the Website(s);
“Website(s)” means the website located at www.homecornwall.com and any other website where a Client wishes to be advertised by Home Cornwall and has confirmed such in writing to HOME CORNWALL LTD. HOME CORNWALL LTD may determine which Services are provided.
“Working Day” means any day other than Saturday and Sunday and Bank Holidays on which the banks in London are open for normal business;
“HOME CORNWALL LTD” or “the Company” means HOME CORNWALL LTD, a company incorporated in England and Wales under Company No: 08776578 whose Registered Office is at 7 Kingsley Terrace, Portreath, Redruth, Cornwall TR16 4LX;
Contract between HOME CORNWALL LTD and the Client
1.1. No Contract shall subsist until (a) unless waived by HOME CORNWALL LTD, an Client & Property Registration Form completed and signed by the Client is received by HOME CORNWALL LTD (or a Group Company) and until (b) the later of the Start Date (if any) and HOME CORNWALL LTD (or any Group Company) commencing provision of Services (whether by facilitating display of Content on the Website(s)
or otherwise) whereupon HOME CORNWALL LTD and the Client shall be deemed to have entered into a legally binding Contract on the Client Terms and Conditions set out herein and any relevant Product Specific Terms and Conditions.
1.2. The Contract shall be between HOME CORNWALL LTD and the Client and shall comprise the Client & Property Registration Form, these Client Terms and Conditions and any relevant Product Specific Terms and Conditions to which the Client is subject which, together, shall constitute the entire agreement between the parties to the exclusion of all previous terms and conditions (whether between the Client and HOME CORNWALL LTD or the Client and another Group Company) and all other terms and conditions (including any which the Client purports to apply under any purchase order, confirmation of order or other document).
1.3. In the event of any conflict between these Client Terms and Conditions and the Client & Property Registration Form, these Client Terms and Conditions shall prevail and in the event of any conflict between these Client Terms and Conditions and any Product Specific Terms and Conditions, these Client Terms and Conditions shall prevail save where they relate to a matter pertaining to Services to which any relevant Product Specific Terms and Conditions relate whereupon such Product Specific Terms and Conditions shall prevail.
1.4. All Contracts between HOME CORNWALL LTD (or any Group Company) and a Client shall be governed by these Client Terms and Conditions and any relevant Product Specific Terms and Conditions and any variation thereof shall have no effect unless expressly agreed in writing and signed by HOME CORNWALL LTD. From time to time, HOME CORNWALL LTD may amend these Client Terms and Conditions and any Product Specific Terms and Conditions and reserves the right to do so in its absolute discretion, acting reasonably, at any time without prior notice to the Client. Any changes will be posted on the Website(s) and become effective at the time of posting.
1.5. HOME CORNWALL LTD reserves the right to reject any Client & Property Registration Form and/or refuse to enter into a Contract or provide any Services to a third party at its absolute discretion including where it believes (i) the legal owner of the property/ies or has written power of attorney to act on behalf of the legal owner of the property/ies (as determined by HOME CORNWALL LTD’s advertising criteria) or (ii) that the quality of its Content is not or will not be of a professional standard commensurate with that of its Clients in general.
2.1. Subject to these Client Terms and Conditions and any relevant Product Specific Terms and Conditions, HOME CORNWALL LTD will provide the Client with the Services in accordance with the Client & Property Registration Form.
2.2. HOME CORNWALL LTD may vary the Services from time to time with or without notice to the Client.
Content and Obligations
3.1. The Client warrants and represents that:
3.1.1. It is the legal owner of the property/ies and that it does not act as an agent in relation to the Contract.
3.1.2. Content will comply with all applicable laws, regulations and codes of practice in the United Kingdom and will not be defamatory or infringe any copyright, trademark or other intellectual property rights or rights of any third party whatsoever;
3.1.3. it is responsible for the integrity of the Content which is in all respects true, complete and accurate to the best of the Client’s knowledge and belief and the Client shall promptly update or correct Content on becoming aware of any errors or inaccuracies and shall provide such assistance as HOME CORNWALL LTD shall reasonably require to identify and remedy any unauthorised use of Content;
3.1.4. within no more than 3 Working Days of (i) a property going “under offer”, (ii) a sale or leasing contract being entered into in respect of a property, or (ii) the property being taken off the market the Client will inform HOME CORNWALL LTD so that it may be displayed as “under offer” “sold” or “let” as appropriate on the Website(s) or will remove the property from the upload provided to HOME CORNWALL LTD so that it is no longer displayed on the Website(s);
3.1.5. it has the authority to market the properties in the Content;
3.1.6. it holds all necessary authorities, consents and licences necessary to use, display, reproduce, publish the Content and has authority to and grants HOME CORNWALL LTD a licence of the Content on the terms set out in clause 3.2;
3.1.7. it has read and will abide by all notices posted on the Website(s) from time to time that are relevant to the provision of the Services;
3.1.8. it shall not use HOME CORNWALL LTD’s name or any Logos, trade or services marks of HOME CORNWALL LTD or the Group in a defamatory or derogatory manner or in any way that might bring HOME CORNWALL LTD, the Group or its directors or employees into disrepute nor shall the Client misuse or deface (or allow to be misused or defaced) any Marketing Materials provided to it;
3.1.9. it will abide by any applicable industry code of conduct or guidelines issued by any relevant trade organisation and will abide by all applicable laws and regulations applying to or affecting Client s including, but not limited to, The Property Misdescriptions Act 1991;
3.1.10. it will provide a contactable telephone number. Where a trackable telephone number has been allocated to the Client by HOME CORNWALL LTD, the Client will use this number to enable HOME CORNWALL LTD to effectively monitor Leads delivered to the Client and take no actions that would interfere with such monitoring, and the Client agrees that HOME CORNWALL LTD and its suppliers may record all telephone calls for the purposes of monitoring Leads delivered or replaying Leads to Clients; and
3.1.11. it shall ensure that only its authorised persons have access to the Services and the Upload Systems and that where it provides Content via the Upload Systems it shall only do so in a format compatible with any technical specifications issued by HOME CORNWALL LTD from time to time. The Client agrees to use
this format to display details of the property only, as laid out, and not to use these areas to advertise ancillary company information.
3.2. The Client grants HOME CORNWALL LTD and the Group a non-exclusive, royalty free, perpetual licence to copy, reproduce, display, sell, publish, adapt and otherwise use the Content or data or other information derived therefrom for any purpose whatsoever (including entering into agreements with third parties for the provision of the Content or data derived therefrom). This licence shall survive termination of the Contract. The Client agrees that HOME CORNWALL LTD and any Group Company may, but shall not be required to, identify the Client as the source of the Content on the Website(s) or in any other medium through which the Content or any derivative thereof is published or displayed.
3.3. HOME CORNWALL LTD may:
3.3.1. in its absolute discretion, at any time and without notice to the Client, remove, cause to be removed or decline to display any Content on the Website(s); and
3.3.2. without prejudice to HOME CORNWALL LTD’s right as set out in 3.3.1 above, require the Content to be amended at any time if HOME CORNWALL LTD considers or has reason to believe that the Client is in breach of the Contract or where it deems in its absolute discretion the Content to be of poor quality in terms of presentation, information provided or otherwise.
3.4. The Client and/or Agent acknowledges and agrees that:
3.4.1. neither HOME CORNWALL LTD shall be under any obligation to monitor or censor the Content that appears on the Website(s) but HOME CORNWALL LTD reserves the right for itself to do so;
3.4.2. neither HOME CORNWALL LTD is responsible for any error or omissions in any Content;
3.4.3. as part of the Services the Client may be provided with access to data including that derived from the content and data provided by HOME CORNWALL LTD’s Client s and other third parties. HOME CORNWALL LTD takes reasonable care to ensure that such data is accurate and up to date but makes no representation or warranty about the accuracy or completeness of such data and the data is not intended to be, and must not be treated by a Client as, comprehensive but an aggregation of the content and data available to HOME CORNWALL LTD at the time of provision and available to the Client in accordance with the service level agreed.
3.4.4. technological failure may impede the provision of the Services or prevent access to all or any part of the Content displayed on the Website(s) or to the Upload Systems. HOME CORNWALL LTD makes no representation or warranty that the Website(s), the Services, the Content or the Upload Systems will be accessible or available at all times, or that the whole or any part of the Website(s), Services, the Content or Upload Systems will be free from error and while HOME CORNWALL LTD will make reasonable endeavours to notify the Client in advance, it may suspend temporarily or alter the operation of the Website(s), Services or the Upload System without notice to the Client ;
3.4.5. it is responsible for and will pay all telecommunications and internet access charges incurred by it when using the Website(s);
3.4.6. transmission of data over the internet can be subject to delays and errors and can cause corruption of data for which neither HOME CORNWALL LTD nor any Group Company shall be responsible;
3.4.7. HOME CORNWALL LTD may limit (i) the number of properties that may be displayed to 100 per branch (in the case of an Agent) or 100 per development (in the case of a Developer) and (ii) the number of photographs that may be displayed by the Client to 20 images per property;
3.4.8. where the Services are limited in any way (including but not limited to limits set out in 3.4.7) the Client will make no attempt to exceed such limits;
3.4.9. in providing the Services, and in order to provide information of other HOME CORNWALL LTD products and services, HOME CORNWALL LTD and the Group Companies may, unless otherwise agreed in writing by HOME CORNWALL LTD and the Client, contact the Client by electronic means, including e- mail and other electronic media and the Client shall maintain a valid working e-mail address for each of its branch offices and shall immediately notify the Company of any change of e-mail addresses;
3.4.10. it shall for the duration of the Contract, take reasonable steps to promote the Website(s) to its customers and display any Marketing Materials provided by HOME CORNWALL LTD at its premises, provide a link on its website to the Website(s) and include the Logo in its sales and advertising materials. For the purpose of carrying out these obligations only, HOME CORNWALL LTD grants the Client a non- exclusive licence for the duration of the Contract to use, display and copy the Logo, HOME CORNWALL LTD name and any trade or services marks used by HOME CORNWALL LTD or the Group and copyright (or other intellectual property rights) contained in the Marketing Material; and
3.4.11. all intellectual property rights in the Services, technology supporting the Services (including the Upload System) and the Website(s) vest in HOME CORNWALL LTD and/or its licensors/sub-contractors and that the Client has no rights in, or to, such intellectual property other than the right to use the same in accordance with the Contract.
3.5. Any third party, purporting to act as agent for or on behalf of a prospective Client , contracting with HOME CORNWALL LTD for the provision for Services warrants and represents that it has the full and valid authority of that prospective Client to bind it and to the extent that (i) that third party exceeds its authority and/or (ii) the prospective Client refuses to such pay any Fees or charges that third party shall be liable, on an indemnity basis, for all Fees and any other charges due hereunder.
3.6. The Client shall not publish, disclose, reproduce or create any derivative works from any information obtained pursuant to the Client ‘s use of the Services unless expressly agree in writing by HOME CORNWALL LTD.
3.7. If acting on behalf of the Client, the Agent shall promptly notify HOME CORNWALL LTD if there is any increase or decrease in the number of branch offices operated by the Agent.
4.1. Fees (plus VAT and any other taxes or duties thereon) and any other charges due hereunder shall be paid by the Client in accordance with these Client Terms and Conditions.
4.2. HOME CORNWALL LTD (or any Group Company as HOME CORNWALL LTD may determine) shall invoice the Client monthly in advance (or in arrears for Services provided either on a “one-off basis” or on a “Pay per Lead” basis) on or around the 1st day of each month and the invoice shall become payable 14 calendar days after the invoice date. The Client shall pay the Fees to HOME CORNWALL LTD by direct debit (or by such other method as may be agreed in writing by HOME CORNWALL LTD) on the due date to such account as HOME CORNWALL LTD may from time to time advise and where payment is to be made by direct debit the Client hereby authorises HOME CORNWALL LTD (or a Group Company on its behalf) to collect the payment on the due date.
4.3. If the Client fails to pay any amount due to HOME CORNWALL LTD (or any Group Company) by the due date for payment then:
4.3.1. HOME CORNWALL LTD on behalf of itself and the Group reserves the right to charge interest on any outstanding amounts at the rate of 4% per annum above HSBC Bank Plc’s base lending rate in force from time to time or such higher amount as may be permitted by statute from the due date until settlement of the outstanding sums or discharge of the debt; and
4.3.2. without prejudice to any other right or remedy available to HOME CORNWALL LTD, HOME CORNWALL LTD shall be entitled to terminate the Contract or suspend provision of the Services (in accordance with clause 7.3 or 7.4. respectively), remove any reference or prevent access to the Content submitted to the Website(s) without notice to the Client and until payment of all outstanding Fees is made in full.
4.4. HOME CORNWALL LTD reserves the right to charge the Client its reasonable administration costs in dealing with any failed payments and/or its costs in relation to pursuing outstanding amounts (including legal fees and expenses).
4.5. HOME CORNWALL LTD reserves the right to require the Client to pay a deposit before making the Services available to the Client. If a deposit is required, it shall be repaid by HOME CORNWALL LTD to the Client on termination of the Contract, subject to HOME CORNWALL LTD being permitted to offset any amounts due from the Client under the Contract against any such deposit repayment.
4.6. HOME CORNWALL LTD reserves the right to charge a monthly administration fee of £5 plus VAT on any account where payments are not made by direct debit.
4.7. HOME CORNWALL LTD reserves the right to charge Client s an administration fee of £100 plus VAT per branch (in the case of an Agent) or £100 plus VAT per development (in the case of a Developer) if having terminated one Contract with HOME CORNWALL LTD they wish to enter into another Contract with HOME CORNWALL LTD or the Group within 12 months of the termination.
4.8. HOME CORNWALL LTD does not guarantee the quality or quantity of Leads it provides to its Clients. No refunds or credits will be given by HOME CORNWALL LTD for failure to provide a certain number of Leads.
4.9. Without prejudice to the generality of clause 1.3, HOME CORNWALL LTD reserves the right to vary its Fees and any structure of charges in place from time to time subject to providing 30 calendar days written notice to the Client. Any services provided after changes have taken effect will be subject to the relevant new Fees and/or new charging structure.
5.1. All warranties, conditions, representations or other terms implied by statute or common law in relation to the Website(s) and any Services provided to the Client by HOME CORNWALL LTD (or any Group Companies) are excluded to the fullest extent permitted by law.
5.2. Neither HOME CORNWALL LTD nor any Group Companies shall be liable to the Client under or in connection with the Contract for any loss of business, contracts, profits, anticipated profits, savings or data, or for damage to hardware and software, or for any indirect, special or consequential loss or damage whatsoever.
5.3. Except as provided in Clause 5.4, the total liability of HOME CORNWALL LTD and the Group to the Client for loss or damage under or in connection with the Contract (including any liability for negligence on the part of itself, its directors, employees, agents or assigns) shall not exceed the aggregate amount of Fees (exclusive of VAT) paid by the Client in the three months immediately preceding the month in which the Client incurred the loss or damage occasioning such liability to HOME CORNWALL LTD or any Group Companies. This limitation of liability may be further limited by the relevant Product Specific Terms and Conditions in respect of any claim relating to Services to which those Product Specific Terms and Conditions apply.
5.4. Nothing in the Contract shall exclude or limit liability for death or personal injury resulting from the negligence of HOME CORNWALL LTD or the Group or for fraud or any other liability that cannot be excluded or limited by law.
5.5. Neither HOME CORNWALL LTD nor any Group Company shall be liable for any liability caused by the Client’s breach of the Contract;
5.6. Neither HOME CORNWALL LTD nor any Group Company shall be liable to the Client for any liability of whatsoever nature incurred as a result of the Client using, altering or manipulating any data provided by HOME CORNWALL LTD or changing the manner in which such data is represented.
5.7. The Client accepts full liability for and shall indemnify HOME CORNWALL LTD (and the Group) on demand against any and all claims, losses, damages, costs and expenses (including reasonable legal and other professional fees) incurred by HOME CORNWALL LTD (and the Group) in relation to any third party claim arising from the Content or misuse by the Client of the Services except to the extent that the foregoing results directly from the negligence of HOME CORNWALL LTD (or any Group Company).
5.8. The Client agrees that this Clause 5 is fair and reasonable.
6.1 HOME CORNWALL LTD and the Client agree to keep any and all Confidential Information that is obtained about the other strictly confidential. “Confidential Information” means any information or matter concerning the business, finances, technology or affairs of the other party which is not in the public domain (other than by breach of this clause) but shall not include any information that either party is required to disclose by law or which has come into the public domain other than by breach of this clause. This clause shall survive termination of the Contract.
Termination and effect of termination
7.1. Each Contract shall continue until terminated in accordance with these Client Terms and Conditions.
7.2. Subject to clause 7.7, HOME CORNWALL LTD or the Client shall be entitled to terminate the Contract at will:
7.2.1. where no Initial Term is specified in the Client & Property Registration Form, on at least 30 calendar days written notice, to the other party such notice to expire at the end of a calendar month; and
7.2.2. where an Initial Term is specified in the Client & Property Registration Form, on at least 30 calendar days written notice (to expire at the end of a calendar month falling not before the expiry of the Initial Term).
7.3. Either party may terminate the Contract immediately upon written notice to the other party if the other party
7.3.1. commits any material or persistent breach of the Contract and, in the case of breaches capable of remedy, that other party fails to remedy the same within 14 calendar days of receipt of a written notice giving particulars of the breach and requiring it to be remedied; or
7.3.2. ceases to carry on its business or shall have a liquidator, receiver or administrative receiver appointed to it or over any part of its undertaking or assets or shall pass a resolution for its winding up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction where the resulting entity shall assume all the liabilities of it) or a court of competent jurisdiction shall make an administrative order or liquidation order or similar order, or shall enter into any voluntary arrangement with its creditors or is unable to pay its debts as they fall due; or
7.3.3. if the other party is subject to a Force Majeure Event that continues for longer than one month.
7.4. Without limiting any other rights contained in these Client Terms and Conditions or any relevant Product Specific Terms and Conditions, HOME CORNWALL LTD (or any Group Companies on its behalf) may immediately, suspend provision of the Services or access to or temporarily remove any Content from the Website(s) (or cause any of those things to occur) if the Client breaches the Contract and fails to rectify that breach immediately upon receipt of notice requiring rectification.
7.5. On termination of the Contract for whatever reason:
7.5.1. all Fees and any other sums due from the Client to HOME CORNWALL LTD (or any Group Companies) shall immediately become payable and the Client shall immediately pay HOME CORNWALL LTD such sums in full;
7.5.2. the licences referred to in clause 3.4.10 (or contained in any Product Specific Terms and Conditions) shall immediately terminate; and
7.5.3. the Client shall immediately cease using the Services and permanently delete any access passwords for the Services or the Upload Systems.
7.6. Termination or suspension shall not affect the accrued rights or liabilities of HOME CORNWALL LTD, or any Group Companies or the Client nor, in the case of termination, any provision of the Contract which is expressed as surviving the Contract or which is required to survive the Contract to give effect thereto.
7.7. Where the provision of Services ordered by a Client are stated as being subject to a Minimum Term, the Client may not serve notice to terminate the Contract until the expiry of such Minimum Term and where a Client ‘s Initial Term expires before the expiry of such Minimum Term, the Initial Term shall be deemed extended until the expiry of the Minimum Term.
8.1 Neither HOME CORNWALL LTD (or any Group Companies) nor the Client shall be liable for any delay or non-performance under the Contract caused by a Force Majeure Event provided that the party affected gives prompt notice in writing to the other party of such event and uses reasonable endeavours to continue to perform its obligations under the Contract.
9.1 The Client , and subject to clause 9.2 HOME CORNWALL LTD, shall comply with the DPA in relation to use of Personal Data obtained from users of the Website(s) and shall take appropriate technical, organisational and security measures to prevent loss or unauthorised access or use of Personal Data.
9.2 The Client warrants and represents that, to the extent that it provides HOME CORNWALL LTD directly or indirectly with the Personal Data relating to any individual it shall have obtained that individual’s consent to (i) process, use and store that Personal Data for the purpose of providing of the Services and (ii) transmit that Personal Data to HOME CORNWALL LTD and other third parties (including those in countries outside the European Economic Area that do not maintain adequate data protection standards) to process, use and store for the purpose of providing of the Services.
10.1. Nothing in these Client Terms and Conditions or any Product Specific Terms and Conditions shall be deemed to create an exclusive arrangement between the Client and HOME CORNWALL LTD (or any Group Companies ) nor any agency, partnership or joint venture between the parties.
10.2. The Client may not assign, transfer or dispose of the benefit or burden of the Contract without the prior written consent of HOME CORNWALL LTD.
10.3. If any provision of the Contract shall be held to be illegal, void, invalid or unenforceable the legality, validity and enforceability of the remainder of the Contract shall not be affected.
10.4. No failure or delay by HOME CORNWALL LTD (or any Group Company on its behalf) or the Client in exercising any of its rights or remedies under the Contract shall operate as a waiver of those rights or remedies. No waiver of any breach of the Contract shall be effective unless in writing and shall apply only in relation to the matter in respect of which it was specifically given. No waiver of any breach of the Contract shall be deemed to be a waiver of any subsequent or other breach of the Contract.
10.5. Any notice required or permitted to be given by either party to the other under the Contract shall be in writing and addressed to that other party at its registered office or principal place of business, faxed to its facsimile number set out on the Client & Property Registration Form or nominated email address set out on the Client & Property Registration Form. Any notice or document shall be deemed to have been served (i) if delivered, at the time of delivery, (ii) if posted, two Working Days after it was put into the post, or (iii) if sent by facsimile or e-mail at the time of despatch. In proving service of a notice or document it shall be sufficient to prove that delivery was made or that the envelope containing the notice or document was properly addressed and posted as a prepaid first class letter or that the facsimile or e-mail message was properly addressed and despatched as the case may be.
10.6. No person other than the parties to the Contract and Client s of HOME CORNWALL LTD’s Group have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. This does not affect any right or remedy of any third party that exists or is available apart from that Act.
10.7. The Contract shall be governed by and construed in accordance with English law and HOME CORNWALL LTD and the Client submit to the exclusive jurisdiction of the English courts.