Skip to main content Menu with new notification Skip to footer

Product Specific Terms and Conditions

Global Network Services

Definitions

Definitions used in these Terms and Conditions shall, unless otherwise indicated, have the same meanings as those given to them by the Member Terms and Conditions and references to clauses shall be to clauses in these Terms and Conditions unless indicated otherwise.

"Data Subject" shall have the meaning set out in the DPA

"DPA" means the Data Protection Act 1998 as amended or up-dated from time to time;

"End Clients" means the end-clients of Members;

"Global Network Services" means the service under which ZPG arranges for the Member's property listings to be exported to and published on the Network to enable the Member's property listings to reach an international audience;

"Member Terms and Conditions" means the terms and conditions for Members of ZPG as set out on the Website(s) (as amended from time to time) and which, together with these Terms and Conditions and other relevant Product Specific Terms and Conditions, govern the Contracts between ZPG and its Members;

"Network" means the Sub-Contractor's network of Property Advertising Platforms from time to time;

"Personal Data" shall have the meaning set out in the DPA;

"Property Advertising Platforms" means a website or mobile application for a property portal that lists classified advertisements for Property;

"Sub-Contractor" means the sub-contractor(s) or other third parties as may be engaged from time to time by ZPG to provide the Global Network Services; and

"Terms and Conditions" means these terms and conditions, being Product Specific Terms and Conditions relating to the provision of Global Network Services.

  1. Terms and Conditions

    • 1.1 These Terms and Conditions relate specifically to the provision by ZPG of Global Network Services are in addition to, not the exclusion of, the Member Terms and Conditions which, unless otherwise agreed with ZPG in writing apply to all Services provided by it (including Global Network Services) and the Member agrees to comply with these Terms and Conditions as well as the Member Terms and Conditions in relation to its receipt of Global Network Services as well as any other Product Specific Terms and Conditions that pertain to other Services it receives from ZPG.
    • 1.2 Where these Terms and Conditions conflict with the Member Terms and Conditions in relation to a matter specifically pertaining to Global Network Services these Terms and Conditions shall prevail and in all other cases the Member Terms and Conditions shall prevail.
  2. Availability and Application of Global Network Services

    • 2.1 Global Network Services are, subject to these Terms and Conditions and the Member Terms and Conditions, available to Members who, at the time of ordering Global Network Services, already have an existing valid Contract with ZPG for the provision of Services which has not been terminated, in relation to which no notice to terminate has been served and which is in full force and effect.
    • 2.2 A Member may submit an order for the provision of Global Network Services by either completing a Services Amendment Form or by such other method as ZPG may make available to the Member from time to time.
    • 2.3 ZPG shall confirm receipt of an order for Global Network Services and, if accepts the order, acceptance thereof but shall be under no obligation to accept an order for Global Network Services. In the event that ZPG is unwilling or unable to provide the Global Network Services it shall make reasonable endeavours to advise the Member of the same within five (5) Working Days of receipt of an order. Display of the Member's property listings on the Property Advertising Platforms in the Network shall constitute delivery of the Global Network Services.
  3. Provision of Global Network Services

    • 3.1 Subject to these Terms and Conditions and the Member Terms and Conditions and in consideration of the payment by the Member of the Fees for the Global Network Services, ZPG shall or provide the Member with the Global Network Services.
    • 3.2 The Member acknowledges and agrees that:
      • 3.2.1 ZPG may sub-contract the provision of the Global Network Services to the Sub-Contractor;
      • 3.2.2 the Global Network Services is an "all or nothing" service whereby the Member agrees that by subscribing for the Global Network Services its property listings and other Content may be published on all (but not some) of the Property Advertising Platforms in the Network that are located outside Great Britain; and
      • 3.2.3 ZPG has no control over which Property Advertising Platforms form the Network (that being a matter for the relevant Sub-Contractor) and ZPG makes no warranty or representation to the Member that any particular Property Advertising Platform(s) shall be included, or remain in, the Network for any period of time or at all.
    • 3.3 The provision of the Global Network Services:
      • 3.3.1 may be cancelled on thirty (30) day's written notice served by either the Member or ZPG on the other, such notice not to expire before the end of any relevant Minimum Term for the Global Network Services;
      • 3.3.2 may be cancelled at any time by ZPG in the event that ZPG ceases provision of Global Network Services to its Members generally provided that, where reasonably practicable, ZPG shall make reasonable endeavours to give the Member thirty (30) day's written notice of such cancellation in accordance with clause 3.6.1 above;
      • 3.3.3 may, without prejudice to ZPG's rights to terminate the Member's Contract pursuant to the Member Terms and Conditions, be cancelled by ZPG in the event that the Member fails to pay the Fees payable in respect of the Global Network Services as they fall due or breaches any other term of these Terms and Conditions; and
      • 3.3.4 will be automatically cancelled on termination of the Member's Contract in accordance with the Member Terms and Conditions;
      whereupon ZPG shall be entitled to immediately cease, or procure that its Sub-Contractor immediately ceases, provision of the Global Network Services.
  4. Fees

    • 4.1 Fees payable in respect of Global Network Services shall be invoiced to the Member monthly in advance in accordance with clause 4.2 of the Members Terms and Conditions.
    • 4.2 The Member acknowledges and agrees that once ZPG has confirmed receipt of the Member's order for Global Network Services in accordance with clause 2.3 the order cannot be cancelled and, save in cases where ZPG advises the Member that it is unwilling or unable to provide the Global Network Services in accordance with clause 2.3, the Member shall be responsible for the Fees in full.
  5. Member Obligations

    • 5.1 The Member:
      • 5.1.1 consents to ZPG providing the Sub-Contractor, without limitation or restriction, with such of the Member's property listings and any other Content (including Personal Data that the Member has provided to ZPG and which is necessary for the proper provision of the Global Network Services) and consents to the Sub-Contractor, in turn, providing the same to the Property Advertising Platforms in the Network;
      • 5.1.2 acknowledges and agrees that, without prejudice to clause 9.2 of the Member Terms and Conditions, the Sub-Contractor and/or the Property Advertising Platforms may be located outside the European Economic Area in countries that do not maintain adequate data protection standards and the Member warrants and represents that it has obtained the consent of the relevant Data Subjects, to the transfer to such countries, of any Personal Data relating to them that the Member has provided to ZPG and which is reasonably necessary for the provision of the Global Network Services; and
      • 5.1.3 warrants and represents that it has obtained all and any third party authorisations or consent as it is required to obtain for the purpose of giving the consents contained in clause 5.1.1 and has obtained the consent of the relevant End Users to the display of their property listings on the Network.
    • 5.2 Without prejudice to the generality of the licence granted in clause 3.2 of the Members Terms and Conditions, the Member hereby grants ZPG a royalty free perpetual licence, transferable to the Sub-Contractors and all Property Advertising Platforms, of the property listings and other Content (and all intellectual property rights contained therein) to copy, publish reproduce and otherwise use the same as is reasonably necessary for the provision of the Global Network Services.
  6. Liability

    • 6.1. The Member shall indemnify ZPG, its officers, employees, agents or sub-contractors against all and any claims, costs (including legal costs), damages and other losses made or suffered by ZPG in respect of the relevant Member's failure to comply with, or breach of, clause 5.
    • 6.2 ZPG shall take reasonable care in the selection of its Sub-Contractors but the Member accepts that, without prejudice to the generality of clause 3.4.4 of the Member Terms and Conditions, the Global Network Services will be made available via Property Advertising Platforms which are hosted on websites and/or servers over which ZPG has no control and ZPG makes no representations or warranties whatsoever as to the performance of the Global Network Services or individual Property Advertising Platforms or times when the same may be unavailable due to maintenance or technical problems.
    • 6.3 The total liability of ZPG or any Group Company in respect of any claims by the Member made specifically in respect of the provision of any Global Network Services shall be limited to the Fees paid by the Member in respect of the Global Network Services received in the three (3) months immediately preceding the month in which the Member incurred the loss or damage occasioning such liability to ZPG or any Group Company and the limitation of ZPG and the Group's liability to the Member contained in clause 5.3 of the Members Terms and Conditions shall, in respect of such claims, be reduced accordingly.
  7. Intellectual Property Rights

    • 7.1 Neither the Member not its End Clients shall acquire any intellectual property rights whatsoever created in the course of provision of the Global Network Services all of which are and shall remain the property of ZPG, the Sub-Contractor or the Property Advertising Platforms.

These Product Specific Terms and Conditions relating to Global Network Services were last up-dated on 26 March 2013.