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Product Specific Terms and Conditions

Property Movies

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;

Contact Details means full contact details of the End Client and its property that are, in ZPG's opinion, sufficient to enable the Sub-Contractor to arrange access to the relevant property and provide the Property Movie Services;

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

Delivery means delivery of the Property Movie Services in accordance with clause 3.4 of these Terms and Conditions;

End Client means the Member's end client that owns or has control over the Property in respect of which the Movie Services are provided;

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;

Property Movie means a high definition movie of a residential property that is the subject of the relevant Property Movie Services;

Property Movie Services means the production of a Property Movie and the display of the same on the Website(s)

Personal Data means as defined by section 1(1) of the DPA;

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

Terms and Conditions means these terms and conditions, being Product Specific Terms and Conditions relating to the provision of Property Movie Services.

  1. Terms and Conditions

    • 1.1 These Terms and Conditions relate specifically to the provision by ZPG of Property Movies 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 Property Movie 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 Property Movie Services as well as any other Product Specific Terms and Conditions that pertain to other Services it receives from ZPG.
    • 1.2 The Member agrees that Property Movie Services shall be provided to it by ZPG and that neither ZPG nor the Sub-Contractor shall have any contract with the End Client and, accordingly, the Member agrees to enter into its own contractual arrangements with its End Clients in respect of the provision of Property Movie Services to its End Client.
    • 1.3 Where these Terms and Conditions conflict with the Member Terms and Conditions in relation to a matter specifically pertaining to Property Movie Services these Terms and Conditions shall prevail and in all other cases the Member Terms and Conditions shall prevail.
  2. Availability and Application of Property Movie Services

    • 2.1 Property Movie Services are, subject to these Terms and Conditions and the Member Terms and Conditions, available to Members who, at the time of ordering Property Movie 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 Property Movies Services by either completing a Services Amendment Form or via ZooplaPro.
    • 2.3 ZPG shall confirm receipt of an order for Property Movie Services but shall be under no obligation to accept an order for Property Movie Services. In the event that ZPG is unwilling or unable to provide the Property Movies Services it shall make reasonable endeavours to advise the Member of the same within seven (7) Working Days of receipt of an order.
    • 2.4 The Member accepts and agrees that ZPG may, at its absolute discretion, limit or restrict the availability of the Property Movie Services to properties within certain geographical locations, including but not limited to within a certain radius of certain cities. ZPG may, but shall not be obliged, to agree with a Member to provide Property Movie Services outside such locations but reserves the right to charge the Member additional fees above and beyond those advertised for Property Movie Services for doing so, such additional fees to be agreed in writing on a case by case basis.
    • Provision of Property Movie Services

      • 3.1 The Member acknowledges and agrees that ZPG may sub-contract the production of the Property Movies Services to the Sub-Contractor.
      • 3.2 If ZPG accepts the Member’s order for Property Movie Services it shall take reasonable steps to contact, or procure its Sub-Contractor contacts, the End Client to arrange for access to the property and production of the Property Movie.
      • 3.3 ZPG shall make reasonable endeavours to ensure prompt delivery of the Property Movie Services (and wherever possible within seven (7) Working Days of receipt of the Member’s order for Property Movie Services) but the Member acknowledges and agrees that production of the Property Movie is dependent upon the End Client facilitating access to the relevant property and accordingly ZPG shall not be under any obligations regarding Delivery or the timing of Delivery.
      • 3.4 Display of the relevant Property Movie on the Website(s) shall constitute “Delivery” of the Property Movie Services.
      • 3.5 Subject to these Terms and Conditions and the Member Terms and Conditions and in consideration of the payment of the Fees, ZPG shall produce or arrange production by the Sub-Contractor of the Property Movie and make the Property Movie available on the Website(s) from Delivery until the earlier of:
        • 3.5.1 twelve months from the date of Delivery;
        • 3.5.2 the date a property is sold or let and the Member removes the property that is the subject of the relevant Property Movie from the Website(s) in accordance with its obligations under the Member Terms and Conditions; and
        • 3.5.2 the date a property is sold or let and the Member removes the property that is the subject of the relevant Property Movie from the Website(s) in accordance with its obligations under the Member Terms and Conditions; and
        whereupon ZPG shall be entitled to immediately remove the Property Movie from the Website(s).
      • 3.6 In addition to displaying the Property Movie on the Website(s), and subject to clause 6.3, ZPG will make reasonable endeavours, on or shortly after the date of Delivery, to provide the Member with a link to the Property Movie on its Sub-Contractor’s website, and the Member shall be entitled to display that link on its own website (or provide the same to third parties to display on their websites) to enable the Property Movie to be viewed on the Sub-Contractor’s website during the period that the Property Movie is available on the Websites(s) pursuant to clause 3.5.
    • Fees

      • 4.1 Fees payable in respect of Property Movies Services shall usually be invoiced to the Member in arrears as Services provided on a “one-off basis” in accordance with clause 4.2 of the Members Terms and Conditions but ZPG may, at its sole discretion, require the Member to pay for Property Movies Services in advance.
      • 4.2 The Member acknowledges and agrees that it alone shall be responsible for the payment of Fees for the Property Movie Services in accordance with clause 4 of the Member Terms and Conditions.
      • 4.3 The Member acknowledges and agrees that once ZPG has confirmed receipt of the members order for Property Movie 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 Property Movie Service in accordance with clause 2.3, the Member shall be responsible for the Fees in full.
    • Member Obligations

      • 5.1 In addition to the obligations of the Member in the Member Terms and Conditions, the Member shall also:
        • 5.1.1 provide ZPG with the accurate Contact Details at the time of ordering Property Movie Services;
        • 5.1.2 enter into fair contractual arrangements with its End Clients in respect of the provision of Property Movie Services which shall comply with all the relevant laws, regulations, rules (and any relevant industry standards of good practice as may be in force or apply from time to time) and shall ensure that its End Clients are made aware that their contract for the Property Movie Services is with the Member not ZPG or the Sub-Contractor;
        • 5.1.3 ensure that it obtains from the relevant End Clients, all necessary permissions and consents as are or could be required under DPA to:
          • allow the Member to transmit/provide the Personal Data contained in the Contact Details to ZPG for the purpose of provision of the Property Movie Services;
          • allow ZPG to transmit the Personal Data contained in the Contact Details to the Sub-Contractor for the purpose of the provision of the Property Movie Services; and
          • allow ZPG and the Sub-Contractor to process the Personal Data contained in the Contact Details for the purpose of providing the Property Movie Services.
        • 5.1.4 ensure that each End Client owns the property to which the relevant Property Movie relates and or has the proper and valid authority to provide access to the property to enable ZPG and/or the Sub-Contractor to produce the Property Movie;
        • 5.1.5 obtains from the relevant End Client consent for ZPG and the Sub-Contractor to display, on the Website(s) and for the Sub-Contractor to host and display on its website, the Property Movie;
        • 5.1.6 make no representations, warranties, promises, statements or claims to its End Clients in respect of the Property Movie Services or any rights therein that go beyond those made in either these Terms and Conditions or the Members Terms and Conditions without the prior written consent of ZPG; and
    • 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 clause 5.
      • 6.2 The total liability of ZPG in respect of any claims made specifically in respect of the provision of any Property Movie Services shall be limited to the Fees paid by the Member in respect of those Property Movie Services and the limitation of liability contained in clause 5.3 of the Members Terms and Conditions shall, in respect of such claims, be reduced accordingly.
      • 6.3 ZPG takes reasonable care in the selection of its Sub-Contractors but the Member accepts that the link provided pursuant to clause 3.6 may be a link to a Sub-Contractors website over which ZPG has no control and ZPG makes no representations or warranties whatsoever as to (i) the availability of the Property Movie via the link (ii) the performance or availability of the Sub-Contractors website or times when the same may be unavailable due to maintenance or technical problems (iii) the performance of the link or the Sub-Contractors website(s) and ZPG shall have no liability whatsoever to the Member for any interruption or failure of its Sub-Contractor’s websites or the display of Property Movies thereon.
    • Intellectual Property Rights

      • 7.1 Neither the Member not its End Client shall acquire any intellectual property rights whatsoever in the Property Movie all of which are and shall remain the property of ZPG and/or the Sub-Contractor.
    • Data Protection

      • 8.1 Without prejudice to the obligations and liabilities of the Member pursuant to clauses 5.1.3 and 6 of these Terms and Conditions, ZPG shall take reasonable steps to ensure that the Sub-Contractor takes appropriate technical, organisational and security measures to prevent loss or unauthorised access to Personal Data.

These Product Specific Terms and Conditions relating to Property Movies were last up-dated on 11 July 2013.