Terms & Conditions
Thank you for joining the pin team as one of our Preferred Partners
As an expert company in your field we are pleased to have you as a preferred partner. This will give investors and landlords the opportunity to hear about, take advantage of your services and spread the word to other investors about the services that you offer.
Memo, here is a reminder of the benefits to both yourselves and the investors that attend our meetings: http://www.pinmeeting.co.uk/preferredpartners/
Here are our terms of business that are an essential part of our agreement with you. If you have any questions, do not hesitate to call us on 0121 228 2223.
Please may we draw your attention to section (2) Investment and Payment and section (4) Cancellation and Refunds.
Section (2) – When paying in instalments the second instalment will be AUTOMATICALLY taken 6 months after your first installment, you will be reminded and notified of this 14 days before the payment is due
Section (4) – After 12 months the agreement will AUTOMATICALLY renew and payment will be AUTOMATICALLY taken. You will receive a notification by email 80 days before the agreement date as a reminder that payment will be taken automatically and giving you information on how to terminate.
1. BACKGROUND
1.1 Property Investors Network Ltd is a private limited company registered in England and Wales (company no. 08166332). References to ‘the company’, ‘pin’, ‘we’, ‘us’ or ‘our’ relate to Property Investors Network Ltd. References to ‘the partner’, ‘you’ or ‘your’ references the company set out on your Application Form.
1.2 We are excited to be working with you and look forward to you providing the you with the benefits of your partnership (“Partnership Benefits).
1.3 The amount payable by you to us (the “Investment”) and the Partnership Benefits areas outlined on https://www.pinmeeting.co.uk/preferredpartners(the “Web Page”) and are covered by these terms of business (“Terms of Business”).Together these consist of the “Agreement” between you and us.
1.4 For the sake of clarity, it is important that you read these Terms of Business as they explain the rights and obligations we both have and are binding on us both.
1.5 If you’re happy with what you have read, you can confirm your acceptance and agree to the Terms of Business by making a payment.
1.6 The earlier of the date on which you (i) accept these Terms of Business or (ii) make a payment of part of whole of the Investment, shall be the commencement date of the Agreement (“CommencementDate”).You shall be a partner from the Commencement Date and this Agreement shall continue unless and until terminated in accordance with clause 7.
1.7 To the extent that any additional document is signed with you that conflicts with these Terms of Business or the Agreement then the terms of this Agreement applies.
1.8 This is a business relationship and both parties enter into this Agreement in a business context. Both parties are businesses and not individuals or consumers.
2. INVESTMENT AND PAYMENT
2.1 The Investment may be paid in whole upon the Commencement Date (“FullInvestment”) or in two instalments, on the Commencement Date and six months following (“InstalmentDate”).
2.2 Invoiced amounts shall be due and payable on the date of the invoice.
2.3 We reserve the right to charge interest on overdue instalments from 30 days from the date when payment becomes due on until the date of payment on a daily rate equivalent to 8% above the base rate of The Bank of England at the relevant time.
2.4 The second instalment will be taken automatically upon the Instalment Date.
3. CUSTOMER OBLIGATIONS
3.1 As a partner, you shall assist us to perform our obligations under this Agreement and shall:
(a) co-operate with us;
(b) provide us with any information, branding and marketing materials reasonably required by us, and
(c) obtain any necessary permissions and consents and licences following the Commencement Date.
(d) attend all meetings (or provide a representative) and present the 5 min market update each week to your pin meeting;
(e) attend the entire for duration of evening meeting to ensure you get the most out of the networking (6pm – 9.30pm);
(f) make all Investment payments on time. Time is of the essence for payments;
(g) actively promote your local monthly pin meeting to your contacts, through email and social media;
(h) create long term working partnership with “pin”;
(i) be liable to compensate us for any expenses incurred by us as a result of your failure to comply with this clause.
3.2 We shall have no liability in respect of any delay in providing the Partnership Benefits and in the event of a delay the timetable for the provision of the Partnership Benefits shall be modified accordingly.
3.3 Neither party shall have authority (and shall not hold themselves out as having authority) to i) incur any expenditure or pledge credit in the name of or on behalf of the other, ii) enter into contracts in the name of, or otherwise commit, the other or iii) hold themselves out as being an agent of the other unless agreed in writing.
3.4 Without prejudice to Clause 5.1, all warranties whether expressed or implied, by operation of law or otherwise, are hereby excluded in relation to the Partnership Benefits to be provided by us.
4. CANCELLATION AND REFUNDS
4.1 This Agreement will continue for the earlier of (i) 12 months from the Commencement Date or (ii) completion of the Partnership Benefits.
4.2 At the end of the 12 month agreement this Agreement will automatically renew and payment will be taken automatically. You will receive notification by email that your Agreement is coming to an end and give you the option to end the Agreement, if we do not hear from you the Agreement will automatically renew and payment of the Full Investment will be taken for the following 12 months.
4.3 Once a part or full payment has been made, you will not be (i) entitled to any refund and (ii) any unpaid instalments shall become due and payable.
5. INDEMNIFICATION
You shall indemnify us against all claims, costs and expenses which we may incur and which arise, directly or indirectly, from your breach of any of its obligations under this Agreement.
6. LIMITATION, INSURANCE AND LIABILITY
6.1 You agree to protect and fully indemnify company from any costs incurred by us and all claims, liabilities, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your business, your breach of this Agreement or infringement of any intellectual property rights,.
6.2 Save as may be expressly provided here in neither us or any of our officers, employees or agents shall have any liability whatsoever for any indirect or consequential loss of the partner(including but without limitation loss of profit or goodwill and any loss arising out of any liability of company to any other person) resulting from negligence or any other tort or any breach of contract on the part of the partner or any of its officers, employees or agents arising out of any act, event or circumstance or series of any acts, events or circumstances relating to this Agreement.
6.3 In the event that clause 6.2 should prove for any reason ineffective to exclude any liability referred to in that clause any such liability inclusive of any VAT or other sales tax, whether in contract, tort (including negligence) or otherwise and whether in connection with this Agreement, shall in no circumstances (when all claims and causes are aggregated) exceed the value of all invoices paid by company to the partner in the preceding three (3) months.
6.4 Neither party excludes or limits its liability under this Agreement for:
(a) death or personal injury caused by its negligence;
(b) fraudulent misrepresentation; and
(c) any other type of liability which cannot by law be excluded or limited.
7. TERMINATION
7.1 Either party may terminate this Agreement by notice in writing if (i) the other party commits a material breach of this Agreement, (ii) the other party ceases to carry on its business; or (iii) the other party is declared insolvent.
7.2 The company shall terminate this Agreement with one month prior written notice, any refund shall be at the Company’s discretion.
7.3 You shall be able to terminate this Agreement by notice in writing with two months’ prior written notice to us prior to the end of this Agreement. No refund shall be provided.
7.4 Termination of this Agreement for any reason will not affect any rights or liabilities accrued at the Termination Date. All rights and licences under this Agreement will terminate on Termination.
7.5 We may (without prejudice to any of our rights arising under this Agreement) terminate this Agreement immediately in the event that you:
(a) fail to pay any instalment within 10 Business Days of Instalment Date;
(b) there is a material change in control of your business; or
(c) wilfully damage our reputation and good name; or
(d) inappropriate or illegal use of the Partnership Benefits.
7.6 Any implied right to terminate for convenience that you may have under applicable law is hereby expressly excluded.
7.7 In the event of termination of this Agreement for any reason, you will not be entitled to a refund of any Investment whether such sums are attributable to the period before, including or after the date this Agreement terminates.
8. POST-TERMINATION
Upon termination of this Agreement any company property in your possession and any original or copy documents obtained by you in the course of providing this Agreement shall be returned to the company at any time on request and in any event prior to the termination of this Agreement. You also undertake to irretrievably delete or return (at the company’s request) any information relating to the business of the company stored on any magnetic or optical disk or memory and all matter derived from such sources which is in your possession or under your control outside the premises of the company. You shall remove company’s logo from any website or online presence.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 You shall grant an irrevocable worldwide licence over your logo and any other materials provided by you for the Partnership Benefits. We will be identified as the creator and you grant us a licence to showcase on our website or other Materials.
9.2 We will prepare or produce certain documents, research or other materials (“Materials”). Unless otherwise agreed in the Web Page, the Materials and intellectual property rights in the Materials shall be owned by us.
9.3 all material relating to us, including “property investor network”, “pin”, “Mastermind Principles Ltd”, “Property Investing Quick Start Seminar” or “Mastermind Accelerator”, whether presented before, during or after any event are part of our “intellectual property rights”, which includes registered and unregistered rights in any copyright, patents, know-how, trade secrets, trademarks, trade names, design rights, get-up, database rights, and all similar rights.
10. CONFIDENTIAL INFORMATION AND COMPANY PROPERTY
10.1 You agree that during the course of the appointment under this Agreement, you are likely to obtain knowledge of trade secrets and also other confidential information with regard to our business and financial affairs and those of our clients, customers and suppliers details of which are not in the public domain (“confidential Information”), and accordingly you undertake to and covenant with company that:
(a) you shall not use the confidential Information other than in accordance with the terms and during the course of this Agreement; and
(b) you shall not at any time after the date of this Agreement (save as required by law) disclose or divulge to any person other than to officers or employees of company whose province it is to know the same any confidential Information, and you shall use your best endeavours to prevent the publication or disclosure of any confidential Information by any other person.
10.2 The restrictions set out in Clause 10.1 shall cease to apply to information or knowledge which comes into the public domain otherwise than by reason of your default.
10.3 All documents, manuals, hardware and software provided for the partner’s use by the company, and any data or documents (including copies) produced, maintained or stored on the company's computer systems or other electronic equipment (including mobile phones if provided by the company), remain the property of the company.
11. FORCE MAJEURE
We 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 our reasonable control including but not limited to act of God strikes, accidents, war or the delay or failure in manufacture, production or supply by third parties.
12. GENERAL
12.1 Neither party shall be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the other party.
12.2 This Agreement is not enforceable by any third party.
12.3 Each party is responsible for all legal costs in relation to this Agreement.
12.4 Any notices under this Agreement shall be via e-mail addressed to the person set out in the Web Page or in writing to the registered address of the other party.
12.5 Variations to this Agreement will have effect when agreed in writing by the parties.The unenforceability of any part of this Agreement will not affect the enforceability of any other part.
12.6 Unless otherwise agreed, no delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
12.7 This Agreement is the entire agreement between the parties in relation to its subject. No other terms apply.
12.8 This Agreement is governed by the laws of England and Wales and the parties submit to the non exclusive jurisdiction of the courts of England.