Terms & Conditions
Please read these conditions carefully, they are important, as they are the terms of your contract with us.
Please also take time to read our Disclaimer and Privacy Policy.
Disclaimer
Privacy
General Terms and Conditions
This website (the 'Website') is operated and maintained by Pinnacle Computer Services. Access is provided only in accordance with the following Terms and Conditions (the 'Terms').
If you do not agree to be bound by these Terms and Conditions or any changes thereto, you should not use www.frenchpropertyforsaleonline.com again. In this policy 'we', 'us' and 'our' shall mean Pinnacle Computer Services.
Pinnacle Computer Srvices is based in Deux-Sevres, France.
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Use of the website.
This Website is for your personal use only. You are wholly responsible for use of the Website by any person using your computer and you must ensure that any such person complies with these Terms.
You may access the Website for your own personal use for the facilities offered. You may not otherwise copy, modify, distribute, transmit, reproduce, display, licence, alter, store, publish or create imitative works from any part of this Website. This includes, but not limited to, any text, images and design for public or commercial purposes.
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Copyright and trademarks
All information contained in this Website is owned by or licensed to Pinnacle Computer Services unless otherwise noted and is copyright protected.
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Changes to the Terms
The information, material and content provided in the Website may be changed at any time without notice. Changes may be made to the Terms at any time without notice and you agree to review the Terms regularly. Your continued access to or use of the Website will mean that you agree to any changes.
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Limitation of Liability
Whilst we have taken reasonable steps to ensure the accuracy, currency, availability, correctness, completion, suitability, reliability, performance, freedom from viruses or timeliness of the content or services contained within this Website, information is provided on an 'as is', 'as available' basis and we do not give or make any warranty or representation of any kind, whether expressed or implied.
The use of the Website is at your own risk. We shall not be liable for any loss or damage (including, without limitation, loss of profit or loss of use) whatsoever and howsoever arising as a result of your access and use of, or reliance on, the information contained on this Website or any information transmitted by way of this Website, to the maximum extent permitted by law.
We do not represent or warrant that the Website will be available to meet your requirements, that you will receive the services for which you register, that access will be uninterrupted, not delayed, malfunction, experience errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You are solely responsible for protecting your own equipment and for implementing adequate precautions to scan for viruses or other destructive properties.
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Linked Sites
We may provide access to other third party websites and do so for information purposes only and solely as a convenience to visitors of the Website. We have no control over these links and do not verify the accuracy of the information and make no warranty, either expressed or implied, as to their content. You use these links at your own risk and we will not be responsible or liable for any damages or in other way in connection with linking. In creating hypertext links to any third party website, we are not recommending, endorsing or providing any assurances as to its standing.
We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Website or whether they are virus free.
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Email
By communicating with us over the Internet by email you accept the risk that the message could be intercepted, lost or altered by third parties, as the Internet may not be secure. A 'receipt' acknowledgement of an email does not guarantee that we have received your message, only that the message has been routed into the Internet. We are not responsible for email and will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to us, or any message sent by us to you over the Internet.
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No Offer
The information on this Website or opinion contained therein, accompanying documents or transmissions are for information purposes only and do not, nor should be construed as, containing financial advice nor intended as a solicitation for funds or a recommendation to trade. Any pricing displayed is indicative and does not, and is not intended to, constitute either an offer to buy or sell, nor a representation that a purchase or sale can be effected at that price.
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Access Restriction
We, at our sole discretion, reserve the right to deny you access and use of any part of the Website without notice.
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Users and Governing Law
We make no representation that the information therein is appropriate for any other location or that it complies with the laws of any other country. If you access this Website from a country that doesn't allow it, then you should observe any such local legal restrictions and not use it.
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French Property For Sale Online.com Terms and conditions of sale
(Advertising Services)
1. Definitions1.1 Supplier means Pinnacle Computer Services, Villemain, 79110, France that owns and operates www.frenchpropertyforsaleonline.com
1.2 Advertiser means the individual or organisation who buys or agrees to buy the Services from the Supplier.
1.3 User means the individual or organisation who browses the Website to find and enquire about property for sale or services offered by Advertisers.
1.4 Contract means the contract between the Supplier and the Advertiser for the provision of Services incorporating these Terms and Conditions. Services means the services that the Advertiser agrees to buy from the Supplier.
1.5 "Terms and Conditions" means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by Pinnacle Computer Services.
1.6 "Intellectual Property Rights" means patents, trade marks, service marks, design rights (whether registered or otherwise), applications for any of the foregoing, copyright, database rights, know-how, trade or business names, domain names and other similar rights or obligations whether registered or not in any country.
1.7 Website means www.frenchpropertyforsaleonline.com
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2. Conditions
2.1 These Terms and Conditions shall NOT affect the Advertisers statutory rights as a Consumer.
2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be only be applicable if agreed in writing by the Supplier.
2.3 Any complaints should be addressed to the Supplier's address at Pinnacle Computer Services, Villemain, 79110, France. Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
2.4 Any queries regarding the services Pinnacle Computer Serviced provide should be directed towards our customer services team who are available to answer your queries Monday to Friday between 9am and 5:30pm CET. You can contact one of our representatives using either advertising@frenchpropertyforsaleonline.com or on +33 (0)549 07 23 70. We will endeavour to respond to all customer service queries within 72 hours.
2.5 These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Advertiser and shall prevail over any other documentation or communication from the Advertiser.
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3. Scope of this agreement
3.1 Pinnacle Computer Services maintains the website located at
www.frenchpropertyforsaleonline.com.
This agreement refers to the Pinnacle Computer Services advertising service whereby the Supplier will manually publish adverts to the Website on behalf of the Advertiser and, or related services in France. The property advertisements of this nature will be automatically published by our property management systems into the relevant sections of the website so that it can be accessed by Users of the Website.
3.2 The Advertiser is solely responsible for the content and images submitted. Pinnacle Computer Services will not be liable or responsible for checking the contents of such advertisements to ensure they are correct, accurate, complete or error free.
3.3 The Advertiser will endeavour to keep advertising content up to date and correct at all times and ensure information is correct before submission to the Website by the Supplier.
3.4 The Advertiser will be entirely liable for fees payable to the Supplier. Payment should be made in accordance with clause 5 below.
3.5 Pinnacle Computer Services allows users to search for and access content through the Website and other internet websites. We are unable to guarantee that our advertising services will lead to a successful advertising campaign for the Advertiser.
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4. Changes, Deletion and Suspension of Adverts
4.1 Once an advert has been posted on the Website, the Advertiser may request the Supplier to delete or edit the advertised content using theirr property management systems. If adverts are deleted or removed by the Advertiser, the Advertiser will remain subject to the full fees for such advertising content. The advertiser will not be entitled to a refund of any fees pre-paid by the Advertiser if the advertised content has been deleted or removed from the Website after any time specified in the advertisement offer.
4.2 Pinnacle Computer Services may delete any advertising content from the website or refuse to post any advertising content to the website if:
4.2.1 the advertising content is not consistent with Pinnacle Computer Services advertising policy as defined in clause 9;
4.2.2 the advertising content does or is likely to breach any applicable law or regulation;
4.2.3 the Advertiser has breached or threatened to breach the terms of this agreement;
4.2.4 the content of any advertised content is obscene, blasphemous, defamatory or infringes the intellectual property rights of any third party.
4.3 Pinnacle Computer Services may delete, suspend or refuse to accept advertising content at any time if the Advertiser payment defaults.
4.4 Pinnacle Computer Services may move, change the position of, reduce or increase the size of, or edit the advertising content on the website at any time if necessary or desirable for the presentation of the website.
4.5 Unless otherwise agreed, irrespective of action taken in relation to any advertising content pursuant to clauses 4.2, 4.3 and 4.4, the Advertiser will be subject to the full fees for such advertising.
4.6 Pinnacle Computer Services will give the Advertiser reasonable notice prior to any action taken by Pinnacle Computer Services pursuant to clause 4. If such action is immediate, Pinnacle Computer Services will give the Advertiser notice as soon as reasonably practical thereafter.
4.7 The Advertiser may make any changes to advertisement text and/or images in the first six months after the advertisement has been posted to the Website but if after that period, further changes are required, the Advertiser must contact Pinnacle Computer Services to discuss their requirements.
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5. Price and payment
5.1 The price and duration of the Services shall be that stipulated on the Website. Payments shall be made in Euros and all prices are exclusive of TVA unless stated otherwise. Pinnacle Computer Services does not charge commission on properties sold via the Website.
5.2 The Advertiser will be issued with an Invoice for the total purchase price, including TVA, via the trusted third party Banking Services PAYPAL, once an order for a new advertisement or an advertisement renewal has been placed. All payments shall be made in accordance with clause 5.3 and any variation may lead to charges in accordance with clause 5.6.
5.3 Invoices are due in full immediately before a new advertisement is posted to the Website and in the case of a renewal, one week prior to the renewal date.
5.4 Where applicable, if any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.
5.5 In the event that a cheque is deemed invalid and has to be returned to the Advertiser, the Supplier shall be entitled to charge the Advertiser 15 Euros for each misrepresented cheque. Any charges as a result will be added to a subsequent invoice.
5.6 If the parties agree that the Supplier is to provide goods and/or services or resources in addition to those specified on previous invoices, then such agreement will be reflected in a further invoice, which will be deemed incorporated into this Agreement. Once an invoice has been agreed by the Advertiser, the price for the goods and/or services shall be fixed.
5.7 The Advertiser may optionally request a renewal of their advertisement for a further 12 months for a fee as stipulated on the Website, which becomes due one week prior to the renewal date. Pinnacle Computer Services will notify the Advertiser one month before the Advertisement expires to enquire as to whether the Advertiser wishes to take up this option. Payment shall be made in accordance with clause 5.3 and any variation may lead to charges in accordance with clause 5.6.
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6. Ordering
6.1 All orders for Services shall be deemed to be an offer by the Advertiser to purchase Services under these Terms and Conditions and are subject to acceptance by the Supplier. All offers from the supplier are valid for 30 days.
6.2 The Supplier may choose not to accept an order for any reason. The technical steps the Advertiser needs to take to complete the order process are described in the "Advert Uploads & Registration Changes" Web Site page.
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7. Rights of supplier
7.1 The Supplier reserves the right to periodically update prices on the Website, and these prices cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Advertiser places an order.
7.2 The Supplier reserves the right to withdraw the Services from the Website at any time. The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.
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8. Performance
8.1 Pinnacle Computer Services makes no representation or warranty that all or part of the website will be accessible at all times.
8.2 The Supplier shall begin to perform the Services after payment has been processed.
8.3 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all.
8.4 The Supplier may have to suspend the Services for legal, technical, repair, maintenance or improvement reasons. If so, the Supplier will restore them as quickly as is reasonably possible. The Supplier will try to provide advertisers with as much notice as possible, but prior notice may not always be feasible for a variety of reasons.
8.5 The Services are subject to an initial contract period of one month and shall continue thereafter on a monthly basis unless and until terminated by either party (as regards some or all of the Services) at any time for any reason by giving to the other 30 days, written notice, and any payment due remains payable.
8.6 The Supplier may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice if the Advertiser breaches any term of this agreement, and any payment due remains payable and, if already paid, will be non-refundable.
8.7 The Supplier will make every effort to ensure email enquiries reach the Advertiser in a timely fashion. Email, however, is not considered to be 100% reliable and as a result Pinnacle Computer Services retains copies of every enquiry and holds them within each Advertisers profile. These copies are available for the reference of Advertiser's and the Supplier.
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9. Advertised Content
9.1 The Advertiser will ensure that all advertised content or other information provided by the Advertiser is legal, decent, honest, accurate and not misleading in any way and the Advertiser will not use the website for any fraudulent or illegal purposes.
9.2 The Advertiser will ensure that all advertised content complies with all applicable legislation, regulations, codes and guidelines. The Advertiser will also ensure that advertised content does not contain material that is obscene, blasphemous, racist, defamatory or infringes the intellectual property rights of any third party or may otherwise be legally actionable by any third party.
9.3 Advertisers will receive Users' property enquires from the contact form provided on each active advert. Advertisers will not provide additional contact details such as email addresses, external websites or telephone numbers within the content of an advert as these forms of contact cannot be tracked and may disguise the effectiveness of your advertisements.
9.4 Pinnacle Computer Services will have sole control over the "look and feel" of the website, including the advertised content provided by the Advertiser. This includes the design, appearance, and placement of respective names and brands.
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10. Cancellation
10.1 The Advertiser has the right to cancel the Contract, by notice in writing, at any time before seven working days have passed from the day after the Contract was made. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Advertiser before the Advertiser exercises this right to cancel, the right to cancel is withdrawn.
10.2 Either party may at any time, by notice in writing, terminate this agreement forthwith if the other party is in breach of the terms of this agreement and such breach is not capable of remedy.
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11. Limitation of liability
11.1 Except as may be implied by law where the Advertiser is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Advertiser shall be limited to damages which shall in no circumstances exceed the price of the Services and the Supplier shall under no circumstances be liable for any indirect, incidental, loss of revenue, loss or goodwill or reputation, loss of opportunity, consequential loss or damage whatsoever.
11.2 The Supplier shall under no circumstances be liable for any indirect, incidental, loss of revenue, loss or goodwill or reputation, loss of opportunity, financial loss, consequential loss or damage whatsoever suffered by the Advertiser following transactions initiated with Users who have made contact with the Advertiser via the Website.
11.3 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier's agents or employees.
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12. Waiver
12.1 No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.
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13. General
13.1 Subject to any fraudulent statements or misrepresentation, this agreement is the entire agreement between Pinnacle Computer Services and the Advertiser and it will supersede any other oral or written communications, agreements, promises or representations. No variation or amendment to this agreement will be valid unless it is in writing, refers specifically to this agreement and is signed by the Advertiser and Pinnacle Computer Services. This agreement is not intended to affect any consumer rights that the Advertiser may have under provisions of any applicable law or regulation.
13.2 This is not an exclusive agreement with the Advertiser and the Advertiser is free to enter into any contract or agreement with any other advertising entity. The Advertiser acknowledges and agrees that this agreement will not constitute a joint venture, pooling arrangement, agency relationship, partnership or formal business organisation of any kind.
13.3 This agreement may not be assigned, novated, sub-licenced or otherwise transferred by the advertiser in whole or part without the prior written consent of Pinnacle Computer Services.
Pinnacle Computer Services may assign, novate, sub-licence or otherwise transfer this agreement in whole or part to any third party as part of a change in ownership, merger or takeover of Pinnacle Computer Services, without the Advertiser's consent.
13.4 The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, terror, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.
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14. Severance
14.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
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15. Personal Data
15.1 The Advertiser must read the Pinnacle Computer Services. Privacy Policy, and Disclaimer as it forms part of this agreement.
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16. Changes to terms and conditions
16.1 The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Advertiser upon making a purchase.
16.2 Any renewal of the Services will be subject to the Supplier's then current Terms and Conditions.
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