Seller listing agreement
This agreement applies to every measured survey listing you submit to surway.co.uk. You accept it by ticking the acceptance box when you submit a listing. Please read it before you submit.
1. What you are granting
- You grant Surway the exclusive right to market, sell and deliver the survey data in each listing (the “Listed Data”) through any online platform, marketplace or resale channel, worldwide, for the Term in clause 3.
- You keep ownership of your drawings and all intellectual property in them. You may continue to use the Listed Data for your own direct clients and projects, and to supply it directly to a client who instructs you, at any time.
- Surway may store, format, watermark, preview, and deliver the Listed Data to buyers, and may display the property address, survey date and a description of the listing.
2. Exclusivity
- During the Term you must not list, publish, offer, sell, license or supply the Listed Data, or any substantially similar drawings of the same property derived from the same survey, on or to any other website, platform, marketplace, data service or competing resale channel.
- Clause 2.1 does not restrict direct work for your own clients under clause 1.2, or supplying drawings to a local authority, court or regulator where required by law.
3. Term
- The Term for each listing starts when Surway first publishes it and runs for a minimum of five (5) years, then continues for successive twelve-month periods unless ended under this clause.
- After the minimum term you may end the Term for a listing by giving 90 days’ written notice to info@surway.co.uk, subject to Surway’s removal process in clause 5.
- Dead-stock exit: if a listing has not produced a sale in any continuous 24-month period, you may request its withdrawal on 90 days’ notice at any time, including during the minimum term.
- Surway may keep fulfilling downloads for customers who purchased before the Term ended, for the access period they bought.
4. Revenue share
- You set the listing price within Surway’s published bands. Surway retains a commission on each sale and pays the balance to you.
- Sellers accepting this five-year exclusive agreement receive 80% of the sale price (Surway commission 20%). Sellers on Surway’s standard non-exclusive terms, where offered, receive 75%.
- Payments are made through your seller account within 30 days of the sale, net of any refund issued to the buyer under Surway’s refund policy.
5. Removal of listings
- Listings can only be removed with Surway’s approval. Use “Request removal” in My account → Survey data; Surway will approve or decline within 10 working days and email you the decision.
- Surway will approve removal where the Term has ended under clause 3, where the dead-stock exit applies, where a rights dispute or legal requirement makes removal necessary, or at Surway’s discretion.
6. Your warranties
- You own, or hold sufficient rights in, the Listed Data to grant the rights in this agreement, and no client contract, employer or third party prevents you from listing it.
- The Listed Data was produced from a genuine measured survey of the property on the date stated, to the accuracy described, and has not been altered to misrepresent the building.
- You will keep your seller details accurate and will tell Surway promptly if you become aware that the property has been materially altered since the survey.
7. Surway’s obligations
- Surway will review each submission and, once approved, keep the listing live and purchasable throughout the Term, subject to lawful takedown, technical maintenance and this agreement.
- Surway will protect the files from direct public access, deliver them only to paying customers, and pay you in accordance with clause 4.
- Surway will not sell or license the Listed Data to third parties other than as purchases through the platform without your written consent.
8. Breach
- If you breach clause 2 or clause 6, Surway may remove all of your listings, suspend your seller account, withhold unpaid commission to the extent of its losses, and recover from you any loss or refund it incurs as a result.
- If Surway fails to pay you correctly and does not remedy it within 30 days of written notice, you may end this agreement for the affected listings.
9. General
- This agreement sits alongside Surway’s terms and conditions, privacy policy and refund policy. If they conflict, this agreement prevails for seller matters.
- Surway may update this agreement for future listings; the version you accepted continues to apply to listings submitted under it.
- This agreement is governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction.
