TERMS AND CONDITIONS

Last Updated: 11 March 2025*

  • 11/03/2025 – Changes: Added Clause 3.4 to further protect Developers by preventing Affordable Housing Providers from bypassing them and approaching landowners or other associated parties directly.

Company Information

The Affordable Housing Network (“the Platform”) is registered in England and Wales under Company Number 16009837, VAT Registration Number 479429928. Our registered office is located at The Affordable Housing Network, 85 Great Portland Street, First Floor, London, W1W 7LTD

Definitions

  • The Platform: Refers to the website, services, and any related tools provided by The Affordable Housing Network for the purpose of facilitating transactions, listings, and interactions between Developers, Affordable Housing Providers and Service Providers.
  • Developer: A party that lists Affordable Housing projects, properties, land, or developments for sale, lease, or transaction on the Platform. This includes, but is not limited to, Developers, Landowners, Land Agents, Architects, Consultants, or any other entity acting on behalf of such parties involved in the creation, sale, management, or development of Affordable Housing or related properties.
  • Affordable Housing Provider (AHP): A party, such as a Registered Housing Association, Local Authority, or Registered Provider, that registers with the Platform to access, view, or bid on Affordable Housing opportunities, transactions, or deals provided by, but not limited to, Developers, Landowners, Land Agents, Architects, or Consultants. An Affordable Housing Provider may also include any qualified organisation involved in the provision or management of Affordable Housing.
  • Service Provider: refers to any professional entity or consultancy offering services that support or facilitate transactions and developments listed on the platform. This includes, but is not limited to, construction consultancies, architects, planning consultants, solicitors, surveyors, valuers, and other professionals involved in the creation, planning, management, or legal processing of Affordable Housing developments or related projects.
  • User: Any individual or entity that registers with, accesses, or engages with the Platform, either as a Developer, Affordable Housing Provider, Service Provider, or in another capacity. This may include, but is not limited to, Developers, Contractors, Landowners, Land Agents, Architects, Consultants, Housing Associations, Local Authorities, Registered Providers, or any other party involved in the creation, management, or transaction of Affordable Housing. The term “User” encompasses all those who utilise the Platform for any purpose related to Affordable Housing opportunities, bids, transactions, or the provision of services.
  • Transaction or Deal: The sale, transfer, lease, or any other form of commercial agreement relating to Affordable Housing, land, or development, which is facilitated through the Platform. This includes any completed contract or agreement between a Developer and an Affordable Housing Provider initiated via the Platform.
  • Listing: A posted entry on the Platform by a Developer or any authorised party, which includes detailed information about a property, development, or land intended for sale, lease, or transaction. Listings may include various details such as property type, tenure, pricing, availability, and other relevant data.
  • Terms: Refers to these Terms and Conditions that govern the use of the Platform, including any policies, rules, or agreements referenced herein.
  • Success Fee: A fee paid by the Developer, Landowner, Land Agent, Architect, Consultant, or the listing party upon the successful Exchange of a transaction or deal facilitated through the Platform. The fee is due upon the exchange of contracts and is calculated based on the terms agreed upon between the parties.
  • Sealed Bidding: A confidential and competitive bidding process wherein bids are submitted by Affordable Housing Providers and are not disclosed to any other party except the Developer who listed the deal. Once a bid is submitted, it is revealed to the Developer in real-time to ensure transparency and a fair decision-making process.
  • Counteroffer: A proposal made by one party in response to an initial offer, modifying or altering the terms proposed by the other party. The counteroffer may include changes to the price, timing, or other conditions of the agreement. Once made, the original offer is considered rejected, and the counteroffer becomes the new offer for consideration.

1. Acceptance of Terms

By accessing, browsing, or using the website and services provided by The Affordable Housing Network (the “Platform”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms, you are prohibited from using or accessing the Platform.

These Terms are legally binding and govern the relationship between The Affordable Housing Network (“we,” “our,” or “us”) and all users (“you” or “User”). This includes, but is not limited to, Developers, Housing Associations, Registered Providers, Local Authorities, Affordable Housing Providers, Service Providers and any other individuals or entities who register with or use the Platform.

By using the Platform, you confirm that you are authorised to act on behalf of any entity you represent, and you agree to comply with all applicable laws, rules, and regulations while using the Platform.

2. User Obligations

2.1 Affordable Housing Providers

Affordable Housing Providers must register to gain access to listings on the Platform. The Affordable Housing Network will conduct necessary checks to ensure that only Registered Providers are permitted to register as an Affordable Housing Provider. Terms of registration and usage will be clearly displayed on the Platform and are subject to periodic review. Users will receive notification of any changes to the terms at least 30 days in advance to allow for adjustment and compliance.

2.2 Developer Success Fees

Developers agree to pay a Success Fee to The Affordable Housing Network based on the total value of the transaction agreed upon through the Platform. The fee is calculated according to the following tiers:

  • £0 – £1,000,000: 0.8% of the transaction value
  • £1,000,001 – £2,000,000: 0.7% of the transaction value
  • £2,000,001 – £5,000,000: 0.6% of the transaction value
  • £5,000,001 – £10,000,000: 0.55% of the transaction value
  • £10,000,001 – £20,000,000: 0.5% of the transaction value
  • £20,000,001+: 0.45% of the transaction value

For example, if a transaction is agreed between the Developer and an Affordable Housing Provider for a total amount of £1,034,986, the total fee payable by the Developer would be calculated as follows:

  • 0.7% of £1,034,986 = £7,244.90 + VAT.

Thus, the total Success Fee payable by the Developer would be £7,244.90 + VAT.

Developers will receive an invoice once they confirm that exchange of contracts has taken place, and payment of the Success Fee is due within 21 days of the invoice date. Failure to make payment within this timeframe may result in the suspension of Developer access to the Platform and may trigger additional remedies as outlined in Clause 4.1 below.

To note, Affordable Housing Providers are also permitted to list existing stock transfers on the platform, where this is the case the Affordable Housing Provider listing their stock should read and adopt these terms as though they are a Developer – fees for stock transfers will be at the same fee levels as aforementioned and all terms applicable for Developers will apply to the Affordable Housing Provider whom is listing the deal.

3. Platform Use and Non-Circumvention

3.1 Exclusive Communication

All communications regarding listings on the Platform must take place exclusively through the Platform’s messaging and bidding tools. While Developers and Affordable Housing Providers may have pre-existing relationships, direct communication outside the Platform is strongly discouraged. Such communication is permissible only if no transactions or negotiations concerning properties listed on the Platform occur outside the Platform.

Once a listing is discovered or viewed on the Platform, all negotiations, discussions, and transactions regarding that listing must continue through the Platform. Any attempt to bypass the Platform by moving discussions or negotiations outside of it will be considered a violation of these Terms and Conditions and an attempt to circumvent the Platform.

It is the responsibility of all Users to report any attempts to circumvent the Platform to The Affordable Housing Network immediately upon occurrence. This reporting obligation is essential to maintaining the integrity and effectiveness of the Platform.

3.2 Prohibition on Sharing Contact Information

To maintain the integrity and security of the platform, users agree not to share or publicly disclose any personal or business contact information, including but not limited to phone numbers, email addresses, physical addresses, or other identifying details, within any areas of the platform visible to other users. This restriction applies to profile information, listings, comments, messages, and other forms of communication facilitated by the platform.

Violations of this policy may lead to warnings, suspension, or termination of account access. The platform reserves the right to monitor compliance and enforce this policy to safeguard a fair and secure environment for all users.

3.3 Non-Circumvention Clause

Users are strictly prohibited from circumventing the Platform by engaging in direct transactions or negotiations outside the Platform concerning listings posted on the Platform. If any User is found to have circumvented the Platform, both the User and the other party involved in the circumvention will each be separately liable to pay The Affordable Housing Network twice the full Success Fee that would have been due had the transaction been completed through the Platform.

This means both parties will be required to pay twice the full Success Fee independently of each other. The Success Fee will be calculated based on the Developer’s expected sale value, as provided at the time of listing the project or deal for sale. In the event of any disputes or uncertainties, this expected sale value will serve as the basis for calculating the Success Fee in case of circumvention.

Service Providers are prohibited from soliciting business directly from Developers or Affordable Housing Providers outside of the Platform for any transactions or deals initiated through the Platform, should a Service Provider be suspected of facilitating a deal listed on the Platform outside of the Platform they will be fully liable for twice the full Success Fee that would have been due had the transaction been completed through the Platform. Service Providers who are in breach of these terms will also be permanently removed from the platform.

In addition to the Success Fee, the violating parties will be liable for reimbursing The Affordable Housing Network for any reasonable costs incurred in recovering these fees, including, but not limited to, legal fees, administrative costs, and other expenses related to the enforcement of this provision.

3.4 Further Affordable Housing Provider Non-Circumvention Clause

Affordable Housing Providers agree not to use any information obtained through The Affordable Housing Network to directly approach landowners, agents, or any other parties associated with a listed deal with the intention of bypassing the Developer and negotiating a deal outside the platform.

If an Affordable Housing Provider is found to have done so, the Developer may:

  1. Report the breach to The Affordable Housing Network for investigation.
  2. Seek damages from the Affordable Housing Provider for any financial loss incurred as a result of circumvention.
  3. Request platform intervention, which may result in the Affordable Housing Provider being permanently removed from the platform and/or legal action being taken.

Affordable Housing Providers must only engage with the Developer listing the deal and must not attempt to identify or negotiate with landowners or other third parties involved without the Developer’s explicit written consent.

Any suspected circumvention should immediately be reported to The Affordable Housing Network immediately for investigation, and failure to comply may lead to removal from the platform and potential legal consequences.

3.5 Audit and Verification Clause

The Affordable Housing Network reserves the right to request proof of transaction progression and completion, including signed heads of terms, agreements, or other documentation, to ensure compliance with the platform’s terms. Failure to provide requested information within a reasonable timeframe may result in the suspension of platform access.

4. Payments and Refund Policy

4.1 Payment Terms

Developers must pay the Success Fee within 21 days of receiving the invoice, which will be issued upon confirmation that the exchange of contracts has occurred. The Success Fee is due regardless of whether the transaction is completed or not after the exchange of contracts, however, please see 4.2 below with regard to refunds.

If payment is not received within this 21-day period, the Developer will incur additional charges, including interest on the outstanding amount at a rate of 6% per annum above the Bank of England’s base rate, calculated from the due date until full payment is received.

The Affordable Housing Network reserves the right to pursue all legal remedies to recover the outstanding amount, including initiating debt recovery proceedings. All reasonable costs associated with the recovery of fees, including legal fees, will be payable by the Developer.

4.2 Refunds

Developers may be entitled to the following refunds under specific conditions:

  • 50% Refund: If the transaction does not complete within 30 days of the exchange of contracts, provided we are notified in writing within this period.
  • No Refund: No refund will be granted if the Developer fails to notify The Affordable Housing Network within the applicable timeframes or if the deal fails due to circumstances beyond The Affordable Housing Network’s control.

Developers must notify The Affordable Housing Network of the transaction’s progression within 14 days of the heads of terms agreement, exchange of contracts and upon final completion of the transaction. Failure to provide timely updates may result in forfeiture of any applicable refunds.

4.3 Milestone Notifications

The Affordable Housing Network may send automated reminders to Developers to confirm transaction milestones, including heads of terms, exchange and final deal completion. Developers agree to respond to such requests within 14 days to maintain eligibility for refunds or to comply with the platform’s terms.

Developers are required to notify The Affordable Housing Network promptly upon reaching the following key milestones:

  • Heads of Terms: Developers must provide written confirmation within 14 calendar days of agreeing on Heads of Terms with an Affordable Housing Provider.
  • Exchange of Contracts: Developers must notify The Affordable Housing Network immediately upon the exchange of contracts, confirming the transaction details and providing supporting documentation if requested.
  • Completion: Developers must inform The Affordable Housing Network within 14 calendar days of completing the transaction.

Failure to provide notification at any of these milestones will be deemed an attempt to circumvent the platform and may trigger enforcement of the relevant clauses in these Terms and Conditions, including but not limited to penalties, suspension of account privileges, or legal action.

4.4 No Right of Set-Off

Users shall not have any right of set-off or deduction against any fees owed to The Affordable Housing Network under these Terms. All payments must be made in full, without any reduction, withholding, or adjustment of any kind.

5. Bidding Process

5.1 Sealed Bidding

The Platform operates a sealed bidding system where Affordable Housing Providers can submit confidential bids on listings they wish to secure. Bids may include “subject to” conditions, allowing Users to outline specific terms or contingencies within their bid. Once a bid is submitted, it is only disclosed to the Developer in control of the listing and The Affordable Housing Network.

The Developer has sole discretion in selecting the winning bid based on their own criteria. If the Developer accepts a bid with “subject to” conditions, they are bound by those conditions, where applicable.

If a counteroffer is made by the Developer in response to a submitted bid, the Affordable Housing Provider may accept or decline the counteroffer. The counteroffer will also be considered a valid bid within the sealed bidding system, and if accepted by the Developer, it will be treated as the agreed terms.

The Affordable Housing Network does not guarantee the acceptance of any bid or counteroffer and will not be held liable for decisions made by Developers, including the selection, rejection, or negotiation of bids or counteroffers.

When submitting a bid, Affordable Housing Providers may be prompted to include the Developer’s platform fee in their offer. This is entirely optional. If chosen, the bid amount will be adjusted to reflect the inclusion of the fee, and the Developer will be notified of the adjusted total. The platform fee remains the Developer’s responsibility unless otherwise agreed upon between the parties.

5.2 Bid Finality

Once a bid has been accepted, it is considered final and binding, including any “subject to” conditions, unless a counteroffer is made by the Developer. The bid cannot be altered, amended, or withdrawn without the express written consent of both The Affordable Housing Network and the Developer. Any request for alterations or withdrawals must be communicated through the Platform and will be subject to the agreement of all involved parties. Similarly, any counteroffer made by the Developer is also binding once accepted by the Affordable Housing Provider and cannot be amended or withdrawn without mutual consent.

6. Due Diligence and Responsibilities

6.1 User and Child Accounts

6.1.1 Account Structure and Responsibilities

  • Users (“Parent Accounts”) may create sub-accounts (“Child Accounts”) for team members under their organisation.
  • Child Accounts inherit the company name and logo associated with the Parent Account.
  • The Parent Account has full management control over Child Accounts, including but not limited to:
    • Changing passwords and email addresses
    • Updating account details
    • Deleting Child Accounts
  • The Parent Account is solely responsible for all actions taken by any associated Child Accounts, including but not limited to listings, bids, and communications.

6.1.2 Account Deletion and Data Attribution

  • If a Parent Account deletes a Child Account, any deals, bids, or transaction history associated with that Child Account must be attributed to either:
    • Another existing Child Account within the same organisation
    • The Parent Account itself
  • If no selection is made, the deals and bidding history will be automatically deleted and will be irrecoverable.
  • Deleted Child Accounts cannot be restored, and the Parent Account must manage reassignment before confirming deletion.

6.1.3 Usage and Compliance

  • The Parent Account must ensure that all Child Accounts comply with the platform’s Terms and Conditions, Privacy Policy, and any other applicable regulations.
  • Misuse or fraudulent activity by any Child Account may result in action against the Parent Account, including suspension or termination of all associated accounts.
  • The Parent Account is responsible for monitoring and managing permissions granted to Child Accounts to prevent unauthorised access or misuse.

6.1.4 Liability and Indemnification

  • The Parent Account agrees to indemnify and hold harmless the platform from any claims, liabilities, damages, or losses arising from the actions of any Child Account.
  • The platform shall not be liable for any loss or damage caused by the misuse of Child Accounts under a Parent Account’s control.

Contact and Support – For any queries regarding account management, please contact support@theaffordablehousingnetwork.com.

6.2 Developer Responsibility

Developers are solely responsible for ensuring that the information they provide on listings is accurate, complete, and not misleading. This includes, but is not limited to, legal status, title ownership, planning permissions, property condition, and any other material facts regarding the property or development. Developers acknowledge that The Affordable Housing Network will not verify or validate the information provided and will not be held liable for any inaccuracies or omissions.

6.3 Listing Restrictions

  • Single Listing Per Deal: To maintain transparency and streamline the transaction process, Developers may only list a particular development or site once. This rule ensures all potential transactions are clearly visible and accessible to Affordable Housing Providers, and that no listings are duplicated on the platform.
  • Multiple Tenure Listings: Developers who wish to offer multiple tenures within a single development may do so by submitting a single listing that includes all available tenures (e.g., rented, shared ownership, or social rent) as part of one cohesive project. Alternatively, Developers may choose to submit separate listings for each tenure type, provided that each listing reflects distinct details specific to that tenure (including price, number of units, and availability).
  • Prohibited Actions: Listings created by Developers for the same development or site under different accounts or multiple listings of the same tenure across different accounts are strictly prohibited. Any violations of this policy may result in the removal of listings or suspension of accounts, at the sole discretion of the platform administrators. Developers found engaging in such practices will be subject to review and possible termination of their access to the platform.
  • Grant Funding Disclosure: Developers must accurately disclose whether grant funding is available for some or all units within the deal. If grant funding is applicable, this must be indicated within the listing details to ensure clarity for all Affordable Housing Providers viewing the offer. This information is crucial to avoid misunderstandings and facilitate smoother transactions. Failing to disclose grant funding availability or misrepresenting such details will be considered a breach of platform policy.
  • Accuracy and Completeness of Listings: Developers and Affordable Housing Providers are required to provide complete and accurate information for all listings. Inaccurate, misleading, or incomplete listings will not be tolerated and may result in penalties, including the removal of listings or suspension of account privileges. The platform reserves the right to verify the accuracy of all listings, and users are expected to cooperate in this process.

6.4 Affordable Housing Providers Responsibility

Affordable Housing Providers are responsible for conducting their own independent due diligence on any listings on the Platform. This includes, but is not limited to, verifying the accuracy of the Developer’s information, performing site visits, reviewing legal documents, and assessing the financial viability of any transaction. The Affordable Housing Network does not verify the accuracy of any information provided by Developers and will not be held responsible for any losses, damages, or disputes arising from inaccurate or incomplete listings.

6.5 Service Providers Responsibility

6.5.1  Accuracy of Advice and Services: Service Providers are responsible for ensuring that any advice, consultancy, or professional services they provide through the platform are accurate, lawful, and in compliance with applicable regulations. The Affordable Housing Network does not validate or guarantee the quality, accuracy, or legality of the services provided by Service Providers.

6.5.2  Independent Verification: Affordable Housing Providers and Developers must independently verify the suitability and reliability of any Service Provider they engage with. The Affordable Housing Network does not endorse or recommend specific Service Providers and shall not be held liable for any disputes, losses, or damages resulting from their advice or services.

6.5.3  Prohibited Conduct: Service Providers must not engage in fraudulent, misleading, or unethical practices while offering their services through the platform. Any misconduct may result in the suspension or termination of their accounts at the discretion of the platform administrators.

6.5.4  Confidentiality and Data Protection: Service Providers are required to handle any sensitive or confidential information obtained through the platform in accordance with applicable data protection laws and best practices. Misuse of confidential data, including sharing it without prior consent, is strictly prohibited and will be considered a breach of platform policy.

6.5.5   Responsibility for Deliverables: Service Providers are solely responsible for the deliverables and outcomes of their services. The Affordable Housing Network will not mediate disputes related to the quality or completion of services provided through the platform.

6.5.6  Indemnity: Service Providers agree to indemnify and hold harmless The Affordable Housing Network against any claims, liabilities, damages, or disputes arising from their professional advice, services, or actions conducted via the platform.

6.5.7  Quote Submission and Acceptance: Service Providers may only submit quotes when a request is made by an Affordable Housing Provider or Developer through the platform. All quotes, acceptances, rejections, or counteroffers are non-binding until formalised by the parties involved. Users agree that the platform is not involved in the negotiation, acceptance, or enforcement of any such agreements.

6.5.8   Insurance Requirement: Service Providers must maintain adequate insurances coverage throughout their engagement via the Platform and provide proof upon request. The Platform reserves the right to audit Service Provider credentials, qualifications, and performance to ensure compliance with these Terms and to safeguard the integrity of services provided to other Users.

6.5.9   Code of Conduct: Service Providers must uphold the highest standards of professionalism when engaging with other Users. Unethical behaviour, including harassment, misrepresentation, or non-performance, will result in immediate account suspension and potential removal from the Platform.

6.6 Limitation on Services

The Affordable Housing Network provides a digital platform for facilitating transactions between Developers, Affordable Housing Providers and Service Providers but does not act as a broker, agent, legal advisor, or financial consultant. We do not guarantee the success, outcome, or quality of any transactions initiated or completed through the Platform. The Platform simply facilitates communication and bidding between parties, and the responsibility for the accuracy, reliability, and completeness of listings rests with the Users. All parties are encouraged to undertake their own thorough due diligence before engaging in any transactions.

The platform does not act as an agent, intermediary, or guarantor and does not recommend, endorse, verify, or guarantee the qualifications, competence, or suitability of any Service Provider or the quality of services they may offer.

7. Limitations of Liability

7.1 General Limitation

To the fullest extent permitted by law, The Affordable Housing Network will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to, loss of profits, loss of revenue, loss of data, loss of business, loss of contracts, or business interruption arising out of or in connection with the use of or inability to use the Platform. This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and regardless of whether we have been advised of the possibility of such damages.

7.2 Maximum Liability

In any event, the total liability of The Affordable Housing Network to any User for any and all claims arising from or in connection with the use of the Platform, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not, under any circumstances, exceed the total fees paid by that User to The Affordable Housing Network for the specific transaction giving rise to the claim.

8. Disclaimers of Warranties

The Platform, and all related services provided by The Affordable Housing Network, are made available on an “as is” and “as available” basis, without any representations, warranties, or guarantees of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. The Affordable Housing Network does not warrant or represent that the Platform will be available on a continuous, secure, or error-free basis, or that any defects will be corrected. The Affordable Housing Network makes no guarantees regarding the accuracy, completeness, reliability, or timeliness of any listings, information, or content provided on the Platform.

To the maximum extent permitted by law, The Affordable Housing Network disclaims any and all liability for any issues, delays, inaccuracies, or interruptions in the Platform or any reliance on the information or services provided.

9. Termination and Suspension

The Affordable Housing Network reserves the right to suspend or terminate a User’s account and access to the Platform at any time, with or without cause, and without liability to the User. Grounds for suspension or termination include, but are not limited to, a breach of these Terms, non-payment of fees, circumvention of the Platform, or any conduct deemed harmful to the Platform, its Users, or its community.

9.1 Termination for Cause

The Affordable Housing Network reserves the right to terminate a User’s account immediately and without prior notice in cases of fraudulent activity, misuse of the Platform, non-compliance with these Terms, or any illegal actions. Such termination may occur at the sole discretion of The Affordable Housing Network, and Users may be barred from re-registering or accessing the Platform in the future.

9.2. User Deactivation

The Affordable Housing Network also reserves the right to deactivate any User account at its discretion, without prior notice, if it believes that the User has violated these Terms, engaged in illegal activities, or caused harm to the Platform or its community. The Affordable Housing Network may also provide notice of deactivation and the reasons for such action if deemed appropriate.

9.3 Effect of Termination

Upon termination or suspension of a User’s account, access to the Platform and all associated services will be revoked immediately. Users shall remain liable for any obligations incurred prior to the termination and for any actions taken during the period of account activity.

10. Force Majeure Clause

Neither party shall be liable for any failure or delay in the performance of its obligations under this agreement due to unforeseen circumstances or causes beyond its control (a “Force Majeure Event”), including but not limited to acts of God, war, riots, terrorism, government actions, pandemics, natural disasters, or other similar events that could not have been reasonably anticipated or prevented.

The affected party shall promptly notify the other party and The Affordable Housing Network of the occurrence of a Force Majeure Event, providing reasonable details about the nature and expected duration of the event. The obligations of the affected party shall be suspended for the duration of the Force Majeure Event, and both parties shall work together in good faith to mitigate any impact arising from the event.

If the Force Majeure Event continues for a period exceeding 60 days, either party may terminate this agreement without liability, provided that written notice is given to the other party, and provided any outstanding Invoices are fully paid.

11. Intellectual Property Clause

All content, features, trademarks, logos, and intellectual property displayed on the Platform are the exclusive property of The Affordable Housing Network and are protected by applicable intellectual property laws. Users are prohibited from copying, reproducing, distributing, modifying, or creating derivative works from any materials on the Platform without prior written consent from The Affordable Housing Network.

11.1 User-Generated Content

Users may have the opportunity to post, submit, or otherwise contribute content to the Platform (e.g., reviews, comments, or other submissions). Users retain all intellectual property rights in their original content but grant The Affordable Housing Network a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, and distribute such content in any medium, including for promotional and marketing purposes.
The Affordable Housing Network reserves the right to review, edit, or remove any User-Generated Content that it deems inappropriate or in violation of these Terms, without prior notice.

11.2 Publicity

Users agree that The Affordable Housing Network may use their name, logo, and any submitted User-Generated Content in promotional materials, press releases, or other media to identify them as Users of the Platform. Users may request, in writing and immediately following their registration on the Platform, that their name or logo not be used for such purposes, and The Affordable Housing Network will make reasonable efforts to comply with such requests.

11.3 Prohibited Use of Platform Features & Competitive Restrictions

By accessing and using the Platform, Users acknowledge and agree that:

a) Restricted Use of Ideas & Features – Users shall not copy, replicate, or adapt any ideas, features, workflows, or functionalities of the Platform to develop, operate, contribute to, or support any competing service, platform, or business, whether directly or indirectly.
b) No Competitive Development – Users are prohibited from using any insights gained through their use of the Platform to create, enhance, or advise any service, platform, or entity that competes with The Affordable Housing Network.
c) Breach & Legal Action – Any breach of this clause may result in immediate termination of access to the Platform and may lead to legal action, including but not limited to claims for damages and injunctive relief.

12. Modifications to Terms Clause

The Affordable Housing Network reserves the right to update, modify, or amend these Terms at any time, at its sole discretion. Users will be notified of any significant changes via email or through the Platform at least 30 days prior to such changes taking effect.

In the event of minor changes that do not materially affect Users’ rights or obligations, The Affordable Housing Network may implement such changes without prior notice.

Continued use of the Platform following the notification period constitutes acceptance of the revised Terms. If you do not agree with the changes, you must cease use of the Platform immediately.

Users are encouraged to review these Terms periodically to remain informed of any updates or modifications.

13. Third-Party Links/Services

The Platform may contain links to third-party websites, applications, or services that are not owned or controlled by The Affordable Housing Network (“Third-Party Services”). These links are provided solely for your convenience and do not signify our endorsement or recommendation of such Third-Party Services.

13.1 No Responsibility for Third-Party Services

The Affordable Housing Network does not control, monitor, or assume responsibility for the content, privacy policies, or practices of any Third-Party Services. You acknowledge and agree that The Affordable Housing Network shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any Third-Party Services.

13.2 User Acknowledgment

By using the Platform, you acknowledge and agree that you are solely responsible for your interactions with any Third-Party Services. We encourage you to review the terms and conditions and privacy policies of any Third-Party Services you visit, as The Affordable Housing Network has no control over and is not responsible for their content, practices, or policies.

13.3 Indemnification

You agree to indemnify and hold harmless The Affordable Housing Network, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, liabilities, losses, or expenses (including legal fees) arising out of or related to your use of Third-Party Services or your violation of any terms or policies of such services.

14. Indemnification Clause

Users agree to indemnify, defend, and hold harmless The Affordable Housing Network, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to:

  • 14.1 Their use of the Platform;
  • 14.2 Breach of these Terms or any related agreements;
  • 14.3 Violation of any applicable law or regulation; or
  • 14.4 Infringement of any intellectual property or other rights of any third party.

This indemnification obligation shall survive the termination or expiration of these Terms and shall apply regardless of whether any such claim arises out of the negligence of The Affordable Housing Network or its affiliates.

15. Arbitration Clause

In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the Platform, or any related services, Users agree to first attempt to resolve the matter informally. Users may contact The Affordable Housing Network to discuss the dispute and seek an amicable resolution.

15.1 Informal Resolution

Users must provide written notice of the dispute to The Affordable Housing Network, detailing the nature of the dispute and any relevant facts. The parties shall engage in good faith discussions to resolve the issue within 30 days of the notice.

15.2 Binding Arbitration

If the dispute is not resolved informally within 30 days, Users agree that the dispute will be settled by binding arbitration in accordance with the rules of the London Court of International Arbitration (LCIA). The arbitration shall take place in London, and the proceedings shall be conducted in English.

15.3 Costs and Fees

Each party shall bear its own costs and expenses associated with the arbitration, including attorney fees. However, the arbitrator shall have the authority to award costs and fees as part of the arbitration decision.

15.4 Finality of Decision

The decision of the arbitrator shall be final and binding upon the parties and may be enforced in any court of competent jurisdiction.

16. Data Protection and Privacy

All personal data collected by The Affordable Housing Network will be handled in accordance with our Privacy Policy, which complies with the UK General Data Protection Regulation (GDPR). By using the Platform, you consent to the collection, use, and storage of your data as described in the Privacy Policy.

17. Legal and Regulatory Compliance

Users are solely responsible for ensuring compliance with all applicable laws, regulations, and industry standards in relation to transactions completed via the Platform. This includes, but is not limited to, planning, environmental, zoning, health and safety, anti-money laundering (AML), data protection, and financial regulations.

The Affordable Housing Network makes no representations or warranties regarding the legality of any transactions conducted through the Platform. Users acknowledge that it is their responsibility to obtain any necessary licenses, permits, and approvals required for their activities.

Failure to comply with applicable laws and regulations may result in penalties, fines, or other legal consequences, and The Affordable Housing Network shall not be liable for any losses or damages arising from such non-compliance.

18. Limitation of Rights and Remedies

These Terms constitute the entire agreement between you and The Affordable Housing Network with respect to the Platform, superseding any prior agreements or communications, whether written or oral. No waiver of any provision or right shall be effective unless in writing and signed by an authorised representative of The Affordable Housing Network, and a waiver of any breach or default shall not be deemed a waiver of any subsequent breach. If any provision is found to be invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be modified to the extent necessary to make it valid. Furthermore, these Terms confer no rights or remedies on any third party, ensuring that only you and The Affordable Housing Network have rights under this agreement.

19. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales. You hereby irrevocably consent to the jurisdiction of such courts and waive any objection to the exercise of jurisdiction over you by such courts and to the venue of any such action in such courts.

20. VAT Clause

The Affordable Housing Network is a VAT registered company (VAT Registration Number: 479 4299 28). As such, VAT will be charged on all applicable fees at the prevailing rate. All prices listed are exclusive of VAT unless otherwise stated, and users will be responsible for paying VAT in addition to the fees charged.

21. User Account Responsibility

Users are solely responsible for maintaining the confidentiality of their account credentials, including usernames and passwords. You agree to notify The Affordable Housing Network immediately of any unauthorised use of your account or any other breach of security. The Affordable Housing Network will not be liable for any loss or damage arising from your failure to comply with this obligation or from any unauthorised use of your account.

Users are encouraged to use strong passwords and change them regularly to enhance security. In the event of suspected unauthorised access, Users should change their passwords immediately and report the incident to The Affordable Housing Network for further assistance.

22. Authority to Bind Entity

By registering, accessing, or using the Platform on behalf of a company, organisation, or any other legal entity (the “Entity”), the individual acting as a representative (“Representative”) represents and warrants that they have full legal authority to bind the Entity, including its affiliates, officers, directors, employees, and agents, to these Terms and Conditions.

The Entity acknowledges that it is fully and irrevocably bound by these Terms as if the Entity itself had directly executed them. The Entity further agrees to ensure that all its Representatives, employees, or agents who interact with the Platform on its behalf comply with these Terms.

The Affordable Housing Network shall not be required to verify the authority of any Representative registering on behalf of an Entity and shall not be liable for any damages or liabilities arising from any misrepresentation of authority. The Entity assumes all responsibility for actions taken by its Representatives and agrees to indemnify and hold The Affordable Housing Network harmless from any claims, liabilities, or losses (including legal fees) resulting from the use of the Platform by such Representatives or other personnel.

If a Representative is later found to have acted without proper authority, the Entity remains fully liable for all activities conducted on the Platform and agrees to ratify any transactions, agreements, or actions carried out by such Representative. Additionally, the Entity shall provide notice to The Affordable Housing Network of any changes in the authority of its Representatives promptly.

23. Assignment

The Affordable Housing Network reserves the right to assign or transfer these Terms, in whole or in part, without prior notice to Users. Users may not assign, transfer, or delegate any of their rights or obligations under these Terms without the prior written consent of The Affordable Housing Network. Any attempted assignment or transfer in violation of this clause shall be deemed null and void.

In the event of an assignment or transfer by The Affordable Housing Network, the terms and conditions will remain binding on the assignee or transferee, who shall assume all rights and obligations under these Terms. Users are advised that any such assignment or transfer does not alter their rights or obligations under these Terms.

24. Waiver

No waiver of any provision of these Terms shall be construed as a waiver of any other provision, nor shall any waiver constitute a continuing waiver. Any waiver must be in writing and signed by an authorised representative of The Affordable Housing Network to be effective. The failure or delay of The Affordable Housing Network to exercise any right, power, or privilege under these Terms shall not be deemed a waiver of that right, power, or privilege, nor shall any single or partial exercise of any right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege.

25. No Agency

The relationship between The Affordable Housing Network and Users is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between The Affordable Housing Network and Users. Neither party has the authority to bind the other in any respect, nor shall either party represent to any third party that such a relationship exists. Each party agrees that they are acting independently and that no employee, agent, or representative of either party shall have any authority to incur any obligation on behalf of the other party.

Furthermore, Users acknowledge that they do not have the authority to make any representations or warranties on behalf of The Affordable Housing Network and shall not hold themselves out as having such authority.

26. Compliance with Laws

Users agree to comply with all applicable laws and regulations in connection with their use of the Platform and the transactions they engage in. This includes, but is not limited to, compliance with laws concerning anti-money laundering (AML), fraud prevention, data protection (including the UK General Data Protection Regulation and Data Protection Act 2018), intellectual property rights, consumer protection, and any other legal requirements specific to the jurisdictions in which they operate.

Users further agree to obtain all necessary licenses, permits, and approvals required for their activities, ensuring that all operations conducted through the Platform are lawful. The Affordable Housing Network reserves the right to take appropriate action, including the suspension or termination of access to the Platform, in the event of non-compliance with these legal obligations.

27. Compliance with International Regulations

Users located outside of the United Kingdom are responsible for complying with all applicable laws and regulations of their respective jurisdictions when using the Platform. The Affordable Housing Network makes no representation that the Platform is appropriate, available, or compliant with the laws of locations outside the UK. Users agree that they shall not use the Platform in any jurisdiction where such use would violate local laws or regulations.

Furthermore, Users acknowledge that they may be subject to additional legal obligations based on their location and that The Affordable Housing Network is not liable for any violations of such local laws or regulations.

28. Contact Information

For any inquiries, questions, or concerns regarding these Terms, please contact The Affordable Housing Network at info@theaffordablehousingnetwork.com. Users are strongly encouraged to reach out for clarifications regarding their rights and obligations under these Terms, and The Affordable Housing Network will respond to such inquiries in a timely manner.

29. Severability Clause

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall remain in full force and effect. The invalidity, illegality, or unenforceability of any provision shall not affect the validity of the remaining provisions, which shall continue to be valid and enforceable.

In the event that any provision is deemed invalid or unenforceable, the parties agree to substitute a valid and enforceable provision that most closely reflects the original intent of the invalid provision.

30. Electronic Communication

Users agree that all agreements, notices, disclosures, and other communications provided by The Affordable Housing Network to Users electronically, whether via email, the Platform, or other digital means, will satisfy any legal requirement that such communications be in writing. Users further acknowledge that they are responsible for maintaining the necessary electronic devices, internet access, and security settings to receive such communications. The Affordable Housing Network is not liable for any failure to receive electronic communications due to issues with the User’s email provider, spam filters, or insufficient technical capability.

31. Notice

Any notices required or permitted under these Terms must be provided in writing and delivered via email, registered mail, courier service, or any other method that provides proof of delivery or confirmation of receipt. Notices to Users will be deemed delivered when sent to the email address associated with their account or to such other address provided by the User for notice purposes.

Notices sent via email shall be deemed received 24 hours after the email is sent unless the sending party receives an error or “bounce-back” notification. Notices delivered via registered mail or courier shall be deemed received upon obtaining proof of delivery.

For notices to The Affordable Housing Network, Users must use the contact information provided on the Platform. The Affordable Housing Network will not be held responsible for notices sent to incorrect addresses or contact details not provided by The Affordable Housing Network.

32. Data Retention

The Affordable Housing Network reserves the right to retain User data for a period consistent with applicable laws, including but not limited to the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and other applicable regulations. Data may be retained as long as necessary to fulfil the purposes for which it was collected, comply with legal obligations, resolve disputes, enforce agreements, and protect the rights and interests of The Affordable Housing Network.

Users acknowledge that the retention of such data is required for regulatory compliance, audit purposes, dispute resolution, fraud prevention, and the enforcement of agreements. Once the retention period has expired, data will be securely deleted or anonymised, unless further retention is required by law.

If Users request the deletion of their data, The Affordable Housing Network will assess whether continued retention is necessary for any legal or regulatory reason before completing such a request.

33. Digital Signature

By using the Platform, Users consent to the use of electronic signatures and agree that any electronic signature, click-through acceptance, or other forms of digital consent shall have the same legal effect, validity, and enforceability as a handwritten signature. Users acknowledge and agree that electronic records, agreements, and contracts entered into through the Platform are binding and shall be admissible as evidence in any legal proceedings to the fullest extent permitted by applicable law.

34. Non-Disclosure of Confidential Information

Users may be granted access to confidential, proprietary, or sensitive information through their use of the Platform, including but not limited to business plans, financial details, transaction data, or any other non-public information (“Confidential Information”). Users agree to maintain the confidentiality of such information and not disclose it to any third party without the prior written consent of The Affordable Housing Network, except as required by law, regulatory authorities, or legal processes.

Users further agree to take all reasonable precautions to protect Confidential Information and to prevent unauthorised disclosure or use. The obligation to maintain confidentiality shall survive the termination or expiration of these Terms.

Users understand that communications conducted through the Platform (including messages and bids) are not considered confidential and may be monitored by The Affordable Housing Network to ensure compliance with these Terms. The Affordable Housing Network does not guarantee the privacy of any communication transmitted through the Platform, and Users should not expect privacy for such communications.

35. Disclaimer of Endorsement

The Affordable Housing Network does not endorse, recommend, or vouch for any Developer, Affordable Housing Provider, or any other User listed or registered on the Platform. Any reliance on the information, listings, or representations made by Developers, Affordable Housing Providers, or other Users on the Platform is at your own risk. The Affordable Housing Network makes no representations or warranties regarding the accuracy, reliability, quality, suitability, safety, legality, or compliance of any property, listing, or transaction conducted through the Platform.

By using the Platform, Users acknowledge that they are solely responsible for conducting their own due diligence and obtaining professional advice, where necessary, before engaging in any transactions or agreements. The Affordable Housing Network shall not be held liable for any losses, damages, or claims arising from a User’s reliance on the information provided by other Users.

36. Referral Programs

The Affordable Housing Network may, from time to time, offer referral programs that allow Users to earn incentives for referring new users to the Platform. Details, including eligibility criteria, reward structures, and any applicable restrictions, will be provided separately through specific terms and conditions governing the referral program. Users participating in any referral program must comply with all applicable terms associated with the program, including any limitations on the number of referrals or the total rewards that can be earned.

Referral rewards are conditional upon the referred party completing the specified actions required under the program (e.g., account registration, subscription payment, or transaction completion) within the designated time frame. The Affordable Housing Network reserves the right to modify, suspend, or terminate any referral program at its discretion without prior notice. Users found to be in violation of the referral program’s terms may be disqualified from participation and may forfeit any earned rewards.

37. User Verification

The Affordable Housing Network reserves the right to verify the identity, credentials, and eligibility of all Users before granting access to the Platform or at any time during use. This verification process may include, but is not limited to, requesting government-issued identification, proof of address, corporate registration documents, or other documentation as deemed necessary to confirm a User’s identity and compliance with these Terms.

Users agree to promptly provide any requested documentation and understand that failure to do so may result in the suspension or termination of their account and access to the Platform. The Affordable Housing Network reserves the right to perform additional checks or background screenings as necessary, particularly in relation to fraud prevention, anti-money laundering (AML) compliance, or other legal obligations.

All information provided for verification purposes will be processed in accordance with our Privacy Policy and applicable data protection laws. The Affordable Housing Network is not liable for any delays in service resulting from incomplete or delayed verification.

38. Non-Transferability

These Terms and any rights or obligations granted herein may not be transferred, assigned, or sublicensed by Users to any third party, whether by operation of law or otherwise, without the prior written consent of The Affordable Housing Network. Any attempted transfer, assignment, or sublicense without such consent shall be deemed null and void and shall have no legal effect.

The Affordable Housing Network reserves the right to assign or transfer these Terms, in whole or in part, at its discretion, and such assignment or transfer shall be binding upon and inure to the benefit of the assignees or transferees.

39. Risks Acknowledgment

Users acknowledge that engaging in transactions through the Platform involves inherent risks, including but not limited to market volatility, potential loss of funds, fluctuations in property values, and the unpredictability of market conditions. Users are responsible for conducting their own due diligence and assessments before participating in any transactions on the Platform.

By using the Platform, Users understand that they assume all risks associated with their participation and that The Affordable Housing Network shall not be liable for any losses, damages, or claims arising from such participation, including any financial losses resulting from reliance on information or listings provided through the Platform.

40. Non-Solicitation

Users agree that during the term of their use of the Platform and for a period of 12 months thereafter, they shall not directly or indirectly solicit, entice, or attempt to solicit or entice any employee, contractor, or agent of The Affordable Housing Network to terminate or alter their relationship with The Affordable Housing Network, nor shall Users seek to hire or engage such individuals for their own benefit or for the benefit of any third party.

In the event of a breach of this Non-Solicitation clause, The Affordable Housing Network reserves the right to seek all available remedies, including injunctive relief, and to pursue any claims for damages resulting from such breach.

41. Subcontracting

The Affordable Housing Network reserves the right to subcontract any of its obligations under these Terms to a third party without prior notice to Users. Users acknowledge that such subcontracting does not affect their rights under these Terms or their ability to seek remedies for any breach by The Affordable Housing Network.

In the event that subcontracting is employed, The Affordable Housing Network remains fully responsible for the performance of its obligations and any actions or omissions of its subcontractors as if they were performed by The Affordable Housing Network itself. Users agree that they will not have any direct claims against subcontractors and that their recourse will solely be against The Affordable Housing Network.

42. Changes to the Platform

The Affordable Housing Network reserves the right to change, suspend, or discontinue any aspect of the Platform at any time, including the availability of any feature, content, or service. This may include updates, modifications, or removals of functionalities, design elements, or operational processes.

Users will be notified of any material changes through the Platform, via email, or through other appropriate communication channels. However, The Affordable Housing Network is not obligated to provide advance notice of minor changes or updates that do not significantly impact User experience or functionality.

By continuing to use the Platform after any changes have been made, Users signify their acceptance of such changes. It is the responsibility of Users to review these Terms periodically to remain informed of any modifications.

43. Headings

The headings used in these Terms are for convenience only and shall not affect the interpretation or construction of any provision. They are not to be considered an integral part of these Terms and do not limit or alter the meaning of the provisions that follow them.

44. Survival

The provisions of these Terms that, by their nature, are intended to survive the termination or expiration of these Terms shall remain in full force and effect. This includes, but is not limited to, liability limitations, indemnification obligations, confidentiality obligations, and intellectual property rights.

The rights and obligations of the parties that are intended to survive termination, including any obligations arising from breaches that occurred prior to termination, shall continue to be enforceable after the termination or expiration of these Terms.

45. Entire Agreement Clause

These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Affordable Housing Network regarding your use of the Platform. They supersede all prior agreements, communications, or understandings, whether written or oral, relating to the subject matter herein.

No modification, amendment, or waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorised representative of The Affordable Housing Network. Any such written modifications will be binding upon all parties and will take precedence over any conflicting terms that may exist in prior communications or agreements.

Should any provision of these Terms be found to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary, so that the remaining provisions shall remain in full force and effect.

46. Accessibility

The Affordable Housing Network is committed to ensuring accessibility for all users of the Platform. We strive to make our services compliant with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG) and other relevant regulations.

However, Users acknowledge that while we make every effort to improve accessibility, the Platform may not always be fully accessible due to various factors, including technical limitations, evolving technologies, or maintenance activities. Users are encouraged to report any accessibility issues, feedback, or suggestions to The Affordable Housing Network at their earliest convenience.

We are dedicated to continuously improving the accessibility of the Platform and will take reasonable steps to address reported concerns in a timely manner.

47. Feedback and Suggestions

Any feedback, comments, or suggestions you provide regarding The Affordable Housing Network or the Platform, including but not limited to improvements, features, and functionalities, shall be deemed non-confidential and become the sole property of The Affordable Housing Network. By submitting such feedback, you grant The Affordable Housing Network an irrevocable, royalty-free, perpetual, and worldwide license to use, reproduce, modify, publish, and distribute your feedback in any manner and for any purpose.

We are free to use such feedback for various purposes, including but not limited to, enhancing our services, developing new features, and marketing efforts, without any obligation to you. Users acknowledge that feedback provided may not necessarily be implemented or responded to, and The Affordable Housing Network is under no obligation to provide compensation or acknowledgment for any feedback.

48. Complaints Procedure

48.1 How to Submit a Complaint

If you have any complaints or concerns regarding our services or the use of the Platform, please contact us at:

Email: complaints@theaffordablehousingnetwork.com

Address: The Affordable Housing Network, 85 Great Portland Street, First Floor, W1W 7LT.

48.2 Acknowledgment of Complaints

We will acknowledge receipt of your complaint within [5 working days] and provide you with a reference number for tracking purposes.

48.3 Resolution Timeframe

We aim to resolve complaints within [30 days] from the date of acknowledgment. We will keep you informed of the progress of your complaint during this period.

48.4 Escalation

If you are not satisfied with our response or the resolution provided, you may escalate your complaint to the relevant regulatory authorities, such as the UK Information Commissioner’s Office (ICO) or other applicable bodies.

48.5 Confidentiality

All complaints will be handled confidentially and in accordance with our Privacy Policy.