Terms and Conditions

Terms & conditions included under General are applicable to all user types. Additional terms and conditions apply to specific user types and are included under their specific user headings.

If you have questions regarding these terms and conditions please contact us: here.

DEFINITIONS AND INTERPRETATIONS:

"AEC Profile": the dedicated section within the Platform for a Contractor, Consultant or Supplier to share details about itself, its credentials and professional affiliations, its experience, expertise, and its approach to its work.

Agreement": these General terms and conditions and any specific terms and conditions assigned to a specific user type.

"Appraisal": Our SaaS appraisal tool for Opportunity analysis.

"BOOM!": is the trading name of Boom Boom Limited, a company registered in England and Wales under company No.: 11593780, (also referred to as "Us", "We" or "Our"), which operates the Platform under licence from The Development Marketplace Limited, a company registered in England and Wales under company No.: 15425017.

"BOOM! Agent": the BOOM! land agent assigned to an Opportunity by Us to manage and complete deals.

"Commission Fee": equal to 2% (plus applicable tax) of the value of the sum agreed or projected (highest projection) as payable to the Landowner as part of a deal.

"Consultant": any user or company providing professional advice and/or services to other Platform users (also referred to as "You" or "Your").

"Contractor": any user or company that contracts to provide a product and/or service including materials and/or labour to other Platform users (also referred to as "You" or "Your").

"Data Room": documents, drawings, reports, plans etc pertaining to an Opportunity.

"Developer": any user or company seeking to utilise or acquire land, or work with a Landowner to develop or promote land for development or for biodiversity net gain purposes (also referred to as "You" or"Your").

"Developer Profile": the section within the Platform through which a Developer shares details about itself, its credentials and professional affiliations, its experience, expertise, and policies.

"Development Profile": the Landowner’s primary goals relating to the development of their land which We represent graphically; it is broken down into 4 capitals: natural, social, human and produced capital. The profile serves to align landowners with Developers best positioned to deliver those goals.

"EoI": an Expression of Interest made by a user to convey its interest in an Opportunity.

"Feedback": means any feedback, suggestion or idea for improving or otherwise modifying the Platform or any of its functionality.

"Invoice": a BOOM! invoice issued to account for debts due to Us for a Commission Fee or Specific Commission Fee as the case may be. VAT will be applied at the standard rate.

"Intellectual Property Rights": means copyright, design rights, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets, logos and devices, goodwill, trade and service marks (whether registered or unregistered) and any applications therefore and all rights in confidential information which may now, or in the future, subsist anywhere in the world, including the right to sue for and recover damages for past infringements

"Land Agent": the user appointed by a Landowner as their representative (also referred to as "You" or"Your").

"Land Agent Profile": the section within the Platform through which a Land Agent shares details about itself, its credential and professional affiliations, its experience, expertise and policies.

"Landowner": an owner or assembly of owners of land that together share a mutual interest in utilising or developing their land (also referred to as "You" or "Your").

"Memorandum of Understanding": the document prepared by Us to record the negotiated and agreed headline points of the Offer between the parties. It is formally issued by Us to the parties and their legal representatives (hereon referred to as an MoU).

"Offer": a formal offer submitted by a user via the "submit offer" feature within the Platform and pursuant to clause 25 and 26.

"Opportunity": a site registered and published to the Pipeline either by a Landowner or a Land Agent. Opportunity asking prices are exclusive of any and all tax which may be applicable.

"Pipeline": the section of the Platform where an Opportunity is published and accessed by users.

"Platform": the BOOM! site in general and more specifically the tools, features and services of BOOM! available for use by its specific user types.

"Specific Commission Fee": an Opportunity-specific commission fee (plus applicable tax) negotiated and agreed in writing between a user, and the assigned BOOM! Agent that substitutes the Commission Fee payable under clause 38 or 48.

"Staged Opportunity": an opportunity that has been registered by a Landowner or Land Agent that is yet to be assigned to a BOOM! Agent for purposes of conducting a review before publishing to Pipeline.

"Subscription": access to the Platform for the selected period at the time of registration.

"Supplier": any user or company that supplies materials, tools and/or products to other Platform users (also referred to as "You" or "Your").

By effective force of Your Subscription You confirm that You have read and that You understand these general and any user-specific terms and conditions, and that You expressly agree to observe and comply with them, as well as be bound by them in their entirety, and that:

GENERAL:

1. You are entering into an Agreement with BOOM!.
2. If You do not agree to observe, comply and be bound by this Agreement in its entirety You agree not to use the Platform.
3. All Intellectual Property Rights in the Platform are expressly reserved by and belong to The Development Marketplace Limited or the applicable third party licensor, including any and all improvements, enhancements or modifications and all know-how and methodologies relating to the same. A user shall have no rights in or to the Platform other than the right of use pursuant to this Agreement. All Intellectual Property Rights are reserved.
4. By choosing to use and interact with the Platform, You agree to expressly indemnify Us and The Development Marketplace Limited from any and all liability of any kind whatsoever.
5. You acknowledge that You are a minimum 18 years of age.
6. We may review and update the terms and conditions of this Agreement at any time.
7. This Agreement refers to the following additional terms, which also apply to You when using the Platform:
   • Our Privacy Policy, which can be viewed here;
   • Our Cookie Policy which sets out information about the cookies on the Platform, which can be viewed here;
   • Our Licensing Policy, which can be viewed here.
8. All Platform content is for Your general information and use only. It is subject to change without notice. We do not guarantee that the Platform, or its content, will always be available. We may suspend, withdraw, or restrict the availability of all or any part of the Platform for business and operational reasons at any time and for as long as We deem necessary and without Your right to refund.
9. Although all reasonable efforts to update Platform content are made, We make no representations and provide no warranties or guarantees, whether express or implied, that the content is accurate, complete, up to date or fit for a particular purpose. We expressly exclude any liability and shall be kept perpetually indemnified and held harmless by You to the fullest extent permitted by law for any such inaccuracies or errors. The following datasets/layers have been identified as requiring further enhancement which, over the course of Q1 & Q2 2025 We undertake to enhance. You agree and accept that these enhancements are ongoing and You grant Us this period to enhance them; enhancements include:
   • Planning applications are updating daily and are therefore not exhaustive;
   • Update Tree Preservation Orders (TPO’s).
10. Use of any Platform content is entirely at Your risk, for which We or our BOOM! Agents bear no liability. It is Your sole responsibility to ensure that any services, data, tools or content available through the Platform meet Your specific requirements and is subject to Your own due diligence to ascertain its degree of truth and accuracy; this includes all user profiles.
11. Where the Platform contains links to third party sites or their data and resources, such links and/or data is provided for Your information. Such links and/or data should not be interpreted as an endorsement by Us of those linked sites, the accuracy of their data or information. We do not monitor the safety of third party sites and Your use of such links is at Your sole risk.
12. All Platform data is provided in good faith and is sourced from various sources under our licensing agreement; sources which can be viewed within our Licensing Policy. Any and all terms and conditions of use associated with these data sources also apply to Your use of the Platform.
13. We do not guarantee that the Platform will be secure or free from bugs or viruses. You are responsible for configuring Your information technology, computer programmes and services when accessing the Platform. You should use Your own virus protection software. You must not:
    • misuse the Platform by knowingly introducing viruses, trojans, worms or other things that are malicious or technologically harmful.
    • attempt to gain unauthorised access to the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
    • attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
    A breach of this clause shall be deemed a criminal offence under the Computer Misuse Act 1990 and We will report any such breach to the relevant law enforcement authorities and cooperate with them as We are required to do. In the event of such a breach, Your right to access the Platform will immediately cease, without Your right to refund of Your Subscription and We reserve all rights at law.
14. The Platform contains material and content owned by others but licensed to Us including, but not limited to, the concept, its design and layout, its look and appearance. You must not use, disseminate or recreate any part of the Platform or its content for Your commercial purposes. If You do so, Your right to access the Platform will immediately cease, without Your right to refund of Your Subscription and We reserve all rights at law. You will not:
    • create a false profile on the Platform, misrepresent Your identity, skills, credentials or professional affiliations;
    • You will not, create a profile for another user;
    • use or attempt to use another user account;
    • disclose information that You do not have consent to disclose (such as confidential information of others (including your employer));
    • imply or state that You are affiliated with or endorsed by Us without Our express written consent;
    • violate Our intellectual property rights or other rights including, without limitation, by:
      • copying or disseminating Our learning videos, blog articles, case studies or other materials;
      • copying or disseminating Our Pipeline or registering them to other websites;
      • copying or distributing Our technology unless it is licensed or released by Us under open source licencing;
      • engaging in "framing" or "mirroring", or otherwise simulating the appearance or function of the tools, products and services the Platform provides;
    • engaging in reverse engineering, disassembly or decompiling of any prototypes or software or other tangible objects that embody Our proprietary information in the Platform.
15. All trademarks and logos reproduced on the Platform which are not Our property or licensed to Us are acknowledged.
16. Any personal information You provide will only be used as set out in Our Privacy Policy. You consent to the processing of Your personal data in accordance with this policy and You warrant that all personal data is accurate and will be kept up to date by You.
17. Unauthorised use of the Platform may give rise to a claim for damages, lead Us to prohibit Your future access to the Platform and/or be a criminal offence.
18. You agree to receive marketing emails from Us regarding updates to the Platform, including new features and additions to Pipeline. You agree to manage receipt of such emails via Unsubscribe.
19. We have not agreed to, nor do we agree to treat as confidential any Feedback that a user provides Us, and nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict Our right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback. Neither We nor The Development Marketplace Limited shall be under any obligation to compensate or credit a user in relation to Feedback. You hereby grant Us and The Development Marketplace Limited a perpetual, irrevocable right and licence to exploit Feedback in any and every way.
20. As a marketplace model, the Platform allows You to network, to connect, to create groups or teams, to share data (including Data Rooms), to communicate directly or via forums and to share information including Your profile etc. With the sole exception of information that We expressly identify as limited to certain third parties, You consent to information You record within the AEC Profile, Developer Profile and Land Agent Profile being seen, accessed, used or shared with other Platform users. You agree to maintain the accuracy of Your information and to being contacted through the Platform by users.
21. We are not responsible for determining any Opportunity-specific terms and conditions associated with the procurement of Offers.
22. We assign a BOOM! Agent to each Opportunity, with that agent having access to the “Primary discussion” thread of all EoI’s received from users. When assigned the right, and pursuant to this Agreement, the BOOM! Agent has complete authority to negotiate on the Landowners or Land Agent’s behalf, with a view to progressing an EoI and any Offer to an MoU and, ultimately to completion.
23. The act of submitting an EoI in an Opportunity, is an acknowledgement on Your behalf of Our introduction of You to the Opportunity, and that prior to Our introduction You had no previous knowledge of the Opportunity.
24. With respect to an Opportunity, all communications, negotiations and discussions between You and the Land Agent or BOOM! Agent are to take place within the “primary discussion” thread of the associated EoI.
25. All Offers, including outline, amended, revised or firmed offers, must be submitted through the “submit offer” function included on the “Milestones” tab of the EoI associated with that Opportunity.
26. Additional to clause 25 and as a minimum, Offers are to be formally submitted on company letterhead (complete with details) of the legal entity making the Offer, disclosing the following:
    • confirmation that the legal entity has undertaken a suitable level of due diligence to satisfy itself and to support its Offer;
    • disclose the ultimate buying legal entity and its details;
    • confirmation of solicitor details and confirmation of status of client onboarding with respect to know your client (KYC) and anti-money laundering (AML) obligations;
    • means of acquisition i.e. cash or borrowed funds and the status of same;
    • proposed duration of contract exchange and completion;
    • other relevant conditions considered important.
27. Any offer not submitted pursuant to clause 25 and 26 does not constitute an Offer.
28. Prior to receiving a Data Room You may be required to:
    • sign a non-disclosure statement;
    • disclose the intended recipients.
29. An Opportunity may include closing dates for an EoI as well as Offers. Closing dates act solely as a guide, meaning such dates can be brought forward or extended as the BOOM! Agent or the Land Agent determines. The BOOM! Agent or Land Agent can also accept an Offer in principle, and move towards negotiation of an MoU prior to expiry of an EoI or Offer closing date; Offers received after acceptance in principle of an alternate Offer will be considered and queued according to its suitability.
30. Us and Our BOOM! Agents shall be perpetually indemnified and held harmless by You to the fullest extent permitted by law from any claims, actions and/or proceedings of any kind whatsoever including negligence that result from You accessing and using the Platform.
31. Use of the Platform and any dispute arising from its use is subject to the laws of England and Wales and any and all action shall be taken in the Courts of England and Wales.
32. With respect to BOOM! Finance We solely act as a facilitator and not as a broker. We do not arrange funding nor do we provide advice regarding Your financial situation and the suitability to You and Your needs of any financial product available through the Platform. We do not undertake any KYC or AML checks nor are We obligated to do so. Accordingly You agree and accept that We are not required to be registered as a provider of financial services in the UK. Any funding You pursue and agreements You enter with any financier are done so at Your sole risk, including all KYC and AML obligations.
33. Following the expiry of the 7 day trial period We shall:
    • Monthly Subscription:
      • debit Your nominated bank account the following day and on the same day each month into perpetuity until Your Subscription is either suspended or cancelled by You through the “subscriptions” tab of the Platform dashboard;
      • Subscription payments are made monthly in advance for Platform access.
    • Annual Subscription:
      • debit Your nominated bank account the following day and on the same day each year into perpetuity until Your Subscription is either suspended or cancelled by You through the “subscriptions” tab of the Platform dashboard;
      • Subscription payments are made yearly in advance for Platform access.
34. Subscription invoices are available through “Account & payments”; “Invoices” within Your profile.
35. If We are unable to debit Your nominated bank card We will try the following day and, again, the day after. Following three unsuccessful attempts, Your access to the Platform will be suspended; You will need to update Your payment method to regain access.

DEVELOPER:

36. When using the Platform as a Developer, You, and on behalf of the legal entity and/or its affiliates You represent, hereby expressly understand and agree to be bound by the following terms and conditions that form part of the Agreement and that:
37. A Landowner may be represented by a Land Agent or a BOOM! Agent during negotiations.
38. Prior to submitting an Offer, and if requested by You in writing to either the BOOM! Agent or the Land Agent, the BOOM! Agent or the Land Agent shall work in good faith on Our behalf to agree with You a Specific Commission Fee. A Land Agent is not permitted to agree a Specific Commission Fee on Our behalf and, You agree and accept, that any such alleged agreement will have no bearing on the Commission Fee due and payable to Us under this Agreement. To have effect, a Specific Commission Fee must be expressly agreed in writing via the Platform between You and the assigned BOOM! Agent; if a Land Agent is managing the disposal on behalf of a Landowner, We recommend You request evidence of Our agreement with the Land Agent of a Specific Commission Fee relating Your Offer.
39. A Land Agent or assigned BOOM! Agent reserves the right not to submit an Offer to the Landowner, and no user is duty bound to accept and/or recommend the lowest Offer received in relation to an Opportunity.
40. In exchange for Our introduction of You via and EoI to the Landowner and/or their Land Agent, and notwithstanding that it may have been closed, withdrawn or archived from Pipeline by Us, if that EoI leads to the formal execution of a contract and/or agreement between You and the Landowner and/or their Land Agent, or any legal entity associated in any way whatsoever with You, such as a shelf legal entity i.e. a special purpose vehicle, an affiliate or introduced legal entity/partner, or any other legal entity as the case may be, You warrant, that following receipt of Our Invoice, that You shall become liable to Us for payment of a Commission Fee or a Specific Commission Fee as the case may be, and that the amount due and payable by You to Us is as follows:
    • an unconditional offer: within 15 days of completion of contract;
    • a conditional offer: 25% of the Commission Fee or Specific Commission Fee shall be paid within 15 days of exchange of contract or agreement of terms with the remaining 75% of the Commission Fee or Specific Commission Fee payable via Your solicitor upon completion of contract or successful fulfilment of an agreement's essential terms;
    • a joint venture agreement (such as an option or promotion agreement).: 25% of the Commission Fee or Specific Commission Fee shall be paid within 15 days of exchange of contract or agreement of terms with the remaining 75% of the Commission Fee or Specific Commission Fee payable within 15 days of securing a granted decision notice (including mindful to grant and outline planning permission).
41. Amounts not paid pursuant to clause 40 shall constitute a breach of Your Agreement with Us, with overdue amounts accruing interest at a rate of 8% plus the Bank of England base rate calculated quarterly. We can recover any unpaid amounts (and associated interest) as a personal debt due against You or against any individual director.
42. In consultation with the Landowner, We or a Land Agent, are entitled to set a Development Profile and Opportunity-specific terms and conditions. They reserve the right to amend and modify the same as and when they see fit.
43. When a contract and/or agreement of any kind relating to an Opportunity is entered into, and irrespective of the absence of any direct request by Us, You, within 10 days, warrant to provide in writing and via the Platform all relevant information to allow Us to properly manage the preparation and submission of Our invoice(s) including but not limited to proper evidence of any and all amounts due and payable or projected as due and payable under the terms of the contract and/or agreement, important milestone dates, entities created under the terms of the contract and/or agreement, relevant taxation details et cetera. You will provide all further information of a reasonable nature that We believe We require to accurately prepare Our invoice(s).

Land Agent:

44. When using the Platform as a Land Agent, You and on behalf of the legal entity and/or affiliates You represent, hereby expressly understand and agree to be bound by the following terms and conditions that form part of the Agreement and that:
45. When registering a Staged Opportunity to the Platform You will:
    • use the Platform solely for its intended purpose;
    • only register a Staged Opportunity for which You are either the Landowner’s mandate or You are direct to their mandate, and You have sought and received, or cited the Landowner’s instruction/agreement for the mandate to act on their/its behalf. Regarding Your agreement to work with the mandate, that agreement is in writing and was entered into with those that possess the authority to enter such agreements and includes Your right to use the Platform;
    • undertake a suitable level of due diligence to comply with the requirements of this Agreements and this clause in particular;
    • register it accurately and free from any misleading, deceptive or incorrect information;
    • if published to Pipeline elect to either self-manage or assign a BOOM! Agent.
46. Any EoI, and notwithstanding that it may have been closed, withdrawn or archived from Pipeline by Us, that leads to the formal execution of a contract and/or agreement by You and/or the legal entity You represent, or any legal entity associated in any way whatsoever with You or the entity You represent, such as a parent legal entity, a shelf legal entity i.e. a special purpose vehicle, an affiliate or introduced legal entity/partner, or any other legal entity as the case may be, You warrant, irrespective of the absence of any direct request by Us, and within 10 days, to provide in writing and via the Platform all relevant information to Us to allow Us to properly manage the possible preparation and submission of Our invoice(s) including but not limited to:
    • proper evidence of any and all amounts due and payable or projected as payable under the terms of the contract and/or agreement;
    • important milestone dates;
    • the legal entity created under the terms of the contract and/or agreement;
    • the purchasing legal entity and all relevant taxation details.
    • You will provide all further information of a reasonable nature that We believe We require to accurately prepare Our invoice(s).
47. Any amended terms and conditions that You wish to apply to an Offer must be expressly agreed in writing with Us via the Platform and prior to the submission of an Offer.
48. Prior to submitting or receiving an Offer, and if requested by You in writing to the assigned BOOM! Agent, the BOOM! Agent shall work in good faith on Our behalf to agree with You a Specific Commission Fee. You are not permitted to agree a Specific Commission Fee on Our behalf with any such alleged agreement having no bearing on the Commission Fee due and payable under this Agreement. To have effect, a Specific Commission Fee must be expressly agreed in writing via the Platform between You and the assigned BOOM! Agent.
49. Commission Fees We charge or pay to You are determined by how You use the Platform, whether that is to acquire or to dispose of an Opportunity. This clause deals with each scenario below:
    • acquisition: subject to any agreed Specific Commission Fee pursuant to clause 48, You warrant that You shall become liable to Us for 50% of the Commission Fee (plus applicable tax) of the value of the amount projected as due and payable (highest projection) to the Landowner as part of that particular contract and/or agreement, and that the amount is due and payable by You to Us, following receipt of Our invoice, as follows. In the case of:
      • an unconditional offer within 30 days of completion of contract;
      • a conditional offer within 30 days of completion of contract or successful fulfilment of an agreement's essential terms;
      • a joint venture agreement (such as an option or promotion agreement), 25% of the 50% Commission Fee or Specific Commission Fee shall be paid within 30 days of exchange of contract or agreement of terms with the remaining 75% of the 50% Commission Fee or Specific Commission Fee payable within 30 days of securing a granted decision notice (including mindful to grant and outline planning permission) or successful fulfilment of the joint venture terms.
      • Your obligation to make payment to Us of Our fee is not subject to You first being paid by the legal entity that has entered into a contract and/or an agreement.
    • disposal with assigned BOOM! Agent (an Opportunity registered by You but managed by an assigned BOOM! Agent): subject to Our receipt of a Commission Fee or Specific Commission Fee (previously Agreed with You), and within 30 days of any subsequently received and properly prepared invoice from You, We agree to pay You 80% of the fee We earn.
    • disposal by Land Agent (an Opportunity registered and self-managed by You): subject to Our receipt of a Commission Fee or Specific Commission Fee (previously agreed with You), and within 30 days of any subsequently received and properly prepared invoice from You, We agree to pay You 90% of the fee We earn.
50. When electing “disposal by Land Agent” of an Opportunity You will:
    • engage professionally, courteously and transparently, and consist with this Agreement, our policies and in the general interest of all parties involved;
    • regularly and diligently engage with users to transact on deals;
    • at the relevant time issue an MoU to all relevant parties including Us;
    • properly and regularly engage with the relevant Landowner or their mandate to procure on Our behalf the relevant information We need, including but not limited to the contract and/or agreement, evidence of any and all amounts due and payable or projected as due and payable under the terms of the contract and/or agreement, important milestone dates, entities responsible for payment of fees and all relevant taxation details to assist Us in determining a Developer and/or their land agent's liability to pay Our Commission Fee or Specific Commission Fee. Failure to comply will cause You to become liable to Us for Our Commission Fee (refer clause 49(a)) that We otherwise would be entitled to. Determining Your liability, and the associated amount due and payable by You to Us borne of that liability will be based on the transfer of ownership details next published by HM Land Registry following the date of publication of the Opportunity on the Platform and the associated amount paid;
    • perpetually indemnify and hold harmless to the fullest extent permitted by law Us and Our BOOM! Agents from any claims, actions and/or proceedings of any kind whatsoever including negligence that result and/or originate from Your conduct and/or advice when conducting business through the Platform;
    • take out and maintain suitable insurance to protect against any claims, actions or proceedings;
    • within a timeframe not exceeding 10 days, You shall archive or delete Your Opportunity from Pipeline when no longer available to the market;
    • permit Us to manage the invoice process.
51. Amounts not paid pursuant to clause 49(a) shall constitute a breach of Your Agreement with Us, with overdue amounts accruing interest at a rate of 8% plus the Bank of England base rate calculated quarterly. We can recover any unpaid amounts (and associated interest) as a personal debt due against You or against any individual director.

Landowner:

NOTE: Landowners will have the opportunity to renegotiate these specific terms and conditions when approving a Staged Opportunity, with any such specific terms and conditions of the Agreement taking full force and effect at that time.

52. When using the Platform as a Landowner, You, and on behalf of any affiliates You represent, hereby expressly understand and agree to be bound by the following terms and conditions that form part of the Agreement and that:
53. When registering a Staged Opportunity You will:
    • use the Platform solely for its intended purpose;
    • To the best of Your ability, accurately explain the site and the opportunity that it presents free from any misleading or incorrect information;
    • establish the nature of the exit e.g. unconditional offers; subject to planning offers; option agreements; promotion offers; joint venture etc.
    • select a classification that best suits Your current interest level in a deal:
      • Strong interest in securing a deal;
      • Interested in a deal;
      • Exploring options: the lowest classification - you’re unsure, but a good offer could tempt You.
54. Following Your registration of a Staged Opportunity, We shall assign a BOOM! Agent who shall, within a reasonable timeframe, review the Staged Opportunity to determine its compliance with Our minimum standards. The assigned BOOM! Agent will contact You via Your recorded contact details to discuss aspects of the Staged Opportunity and to discuss the Development Profile. Once a Staged Opportunity has been approved by the BOOM! Agent, We will, via the Platform, seek final approval and acceptance of this Agreement including any negotiated amendments before the Staged Opportunity is published to Pipeline. Notwithstanding compliance with Our minimum standards, We reserve all rights not to publish to Pipeline.
55. We reserve the right to alter Your classification at clause 53(d) if We feel it warrants change.
56. With respect to the Opportunity You will not directly or indirectly engage with any Developer or Land Agent seeking to negotiate a deal outside of the Platform and, if approached or contacted, You will desist from all communications other than directing them to the Platform for purposes of EoI and any Offer. You will immediately inform Us of the individual's name and their company details.
57. Subject to this Agreement, Your use of the Platform is, and will always remain, free of charge. With respect to the Opportunity, and whilst published to Pipeline, if You complete on a deal with a Developer or Land Agent outside the Platform You will, without right of challenge, immediately become liable to Us for a Commission Fee as follows; in the case of:
    • an unconditional offer, within 15 days of completion of contract;
    • a conditional offer, 25% of the Commission Fee shall be paid within 15 days of exchange of contract or formal agreement of terms with the remaining 75% of the Commission Fee payable within 15 days of completion of contract or successful fulfilment of an agreement's essential terms;
    • a joint venture agreement (such as an option or promotion agreement), 25% of the Commission Fee shall be paid within 15 days of exchange of contract or agreement of terms with the remaining 75% of the Commission Fee payable within 15 days of securing a granted decision notice (including mindful to grant and outline planning permission).
58. Subject to clause 59, and whilst this Agreement remains on foot, You are not entitled to appoint another agent other than Us to market the Opportunity. If You do appoint another agent We retain all Our rights under the Agreement and You will be required to terminate their appointment at Your expense. You shall retain Us as Your exclusive partner until this Agreement is terminated pursuant to clause 59.
59. If You wish to terminate this Agreement and remove the Opportunity from Pipeline You shall:
    • expressly inform Your BOOM! Agent in writing via deals@boom.online citing the Opportunity and Your wish to terminate;
    • not consider Our agreement to terminate until such time that We accept in writing to terminate Your Agreement which will not be unreasonably withheld;
    • continue to observe all Your duties pursuant to this Agreement;
    • grant Us 3 months to finalise any negotiations and submit Offers We receive to You before We archive the Opportunity;
    • not appoint another agent until We notify You that the Opportunity is archived at the expiry of the 3 months.
60. Following termination, if You enter into contract and/or agreement with any Developer or Land Agent introduced by Us to You, You will immediately inform Us of the deal and provide all necessary information and details We need to determine their liability to Us; if Your failure leads to Our incapacity to determine that Developer or Land Agent’s liability to Us for Our Commission Fee You will become liable to Us for Our Commission Fee.
61. Following Our submission of the MoU, We will, through Your assigned BOOM! Agent, continue to work on Your behalf to assist with completion and/or successful fulfilment of an agreement's essential terms. If You proceed to formally complete a contract and/or an agreement, all work undertaken during this period shall be free of charge however, if You were not to complete or fulfil your agreed duties You agree to pay Our reasonably incurred costs.

CONTRACTORS, CONSULTANTS AND SUPPLIERS:

62. When using the Platform as a Contractor, Consultant or Supplier, You hereby expressly understand and agree to be bound by the following terms and conditions that form part of the Agreement and that:
63. You will submit EoI’s for trade/work packages and consultancy services that align with your skill sets.
64. You will not mislead other users in relation to cost analysis when using Appraisal.

If you have any questions, please contact Us: here