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Terms & Conditions

(1) Introduction

These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website.

(2) Intellectual property rights

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

(3) Licence to use website

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions below.

• republish material from this website including republication on another website;
• sell, rent or otherwise sub-license material on the website;
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter and property particulars)

(4) Limitations of liability

The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill). Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our website, whether direct or indirect, and whether arising in tort, contract, or otherwise. However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

(5) Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password. We may disable your user ID and password if you breach any of the policies or terms governing your use of our website or any other contractual obligation you owe to us.

(7) Variation

We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.

(8) Entire agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(9) Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

(10) Registrations and authorisations

We subscribe to the following code of conduct: Ombudsman for Estate Agents. This code can be consulted electronically at http://www.oea.co.uk/ .

Our VAT number is 930806729

(11) Refund Policy

Under the distance selling regulations we must inform all users of the following refund policies relating to the purchase of Energy Performance Certificates, Home information Packs, Gas Safety .Certificates, To Let & For Sale Boards. The refund policies relating to all other services are covered within the specific terms and conditions for those services.

Where a user agrees to an appointment date for these services within 7 days of ordering the user acknowledges that the service begins immediately and they waive their right to cancellation, the decision to issue a refund will be held at the sole discretion of makeurmove and will be based on the current status of the order in question. Make ur move enter into legally binding contracts with third party organisations to deliver a service to the user therefore no automatic refund rights exist.

The user undertakes to ensure that the decision to order and use our services has been fully considered and makeurmove reserve the right to issue a refund at its sole discretion.

Your statutory rights are not affected.

(12) Our contact details

The full name of our company is make ur move limited. We are registered in [England & Wales under registration number 06466785. Our registered address is 2nd Floor, 145-157 St John Street, London, EC1V 4PY. You can contact us by email to letting@makeurmove.co.uk.

TERMS AND CONDITIONS OF BUSINESS

The following expressions shall have the following meanings:

1.1 "make ur move limited or we" means a company registered in England, registered number 06466785, with the registered office 2nd floor 145-157, St John's Street, London EC1V 4PY;

1.2 "Landlord" means any person who purchases Services from make ur move limited;

1.4 "Services" means the agency services as described in this agreement;

1.5 "Property" means the property which belongs to the Landlord and is to be let to the Tenant;

1.6 "Tenant" means the person contracted to rent the Property;

1.7 "Tenancy" means the period for which the Tenant is contracted to rent the Property;

1.8 "Fees" means the non-refundable amount paid in advance to make ur move limited from the Landlord for providing the Services;

1.9 "Terms and Conditions" means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by make ur move limited;

1.10 "Agreement" means the contract between make ur move limited and the Landlord for the provision of the Services incorporating these Terms and Conditions;

1.11 "Mediator" is the party nominated to resolve a dispute between make ur move limited and the Landlord.

2 GENERAL
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by make ur move limited to the Landlord and shall supersede any other documentation or communication between parties.

2.2 Any variation to these Terms and Conditions must be agreed in writing by make ur move limited.

2.4 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which make ur move limited may be entitled in relation to the Services, by virtue of any statute, law or regulation.

3 SERVICES
3.1 The Services are as described in appendix 1.

3.2 Any variation to the Services must be agreed by make ur move limited in writing.

3.3 The Services shall commence on the date of this agreement until terminated according to the terms of this Agreement in accordance with section 11.

3.4 Dates given for the commencement of the Services are estimates only and not guaranteed. Time for commencement shall not be of the essence of the Agreement and make ur move limited shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the Services.

4 TO LET BOARDS
4.1 Where instructed and purchased the client consents to make ur move limited erecting a display board at the Property to assist in the marketing of the Property and make ur move limited shall adhere to the relevant statutory regulations relating to the display of such boards.

5 PRICE AND PAYMENT OF FEES
5.1 The price for Services is as specified in appendix 1 and is exclusive of VAT.

5.2 The terms for payment are as specified in appendix 1.

5.5 The Landlord will pay interest on all late payments at a rate of 4.00% per annum above the base lending rate of Barclays Bank.

5.6 Make ur move limited is also entitled to recover all reasonable expenses incurred in obtaining payment from the Landlord where any payment due to make ur move limited is late.

5.7 The Landlord is not entitled to withhold any monies due to make ur move limited.

5.8 Make ur move limited is entitled to vary the price to take account of:

5.8.1 any additional Services requested by the Landlord which were not included in the original purchase;

5.8.2 any reasonable increase in hourly, daily or set rates, if applicable;

and any variation must be intimated to the Landlord in writing by make ur move limited.

5.9 In the event that the Landlord seeks to cancel the Agreement for Services after a suitable tenant has been introduced and prior to an application fee being received by the prospective tenant the Landlord shall be responsible to pay make ur move limited a cancellation fee equal to £120.00 + VAT.

5.10 In the event that the Landlord seeks to cancel the Agreement for Services after a suitable tenant has begun referencing the Landlord shall be responsible to pay make ur move limited a cancellation fee equal to £120.00 + VAT.

5.10 In the event the Landlord seeks to cancel the Agreement for Services prior to commencement of the service make ur move will refund any payment made. If cancellation is made after Services have commenced the landlord will not be entitled to a refund, a refund may be made however in certain circumstances at the discretion of make ur move.

5.11 Requests for refunds under the Money Back Guarantee must be made in writing within 30 days of the date that this guarantee becomes payable.

6 TENANCY AGREEMENT

Unless otherwise instructed by the Landlord, make ur move limited shall provide a standard tenancy agreement for the Tenancy and the Landlord shall be responsible for drawing up this document. Should the Landlord wish to instruct their own solicitor to provide a Tenancy Agreement they shall be liable to meet the expenses incurred in this respect.

7 LANDLORD OBLIGATIONS

7.1 The Landlord agrees to co-operate with make ur move limited as may be required.

7.2 If appropriate, the Landlord agrees to obtain permission from his/her mortgage company to let the Property.

7.3 The Landlord agrees to notify his/her insurance company of their intention to let the Property.

7.4 The Landlord shall remain responsible for the security and well-being of the Property during vacant periods.

7.5 The Landlord undertakes to take all necessary steps to ensure compliance with the relevant statutory undertakings.

7.6 The Landlord shall not have any utility services disconnected prior to the start of the Tenancy.

7.7 The Landlord shall remain responsible for the protection of any deposit through their nominated scheme under the Tenancy Deposit Scheme.

8 AGENT OBLIGATIONS

8.1 Make ur move limited shall supply the Services as specified in appendix 1.

8.2 Make ur move limited shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and statutory obligations.

9 PROPERTY MIS-DESCRIPTIONS ACT 1991

It is the Landlords responsibility to check the descriptions of the Property in the schedule provided by make ur move limited, on the website and on other relevant marketing material and notify make ur move limited of any amendments required. The Landlord shall indemnify make ur move limited and any other associated parties against any claim made in respect of any mis-description that arises out of the Landlords failure to adhere to this condition.

10 PURCHASE OF PROPERTY BY TENANT

In the event that the Tenant, or any third party connected with the Tenant, or any party introduced by make ur move limited, purchases the Property during the Tenancy or within six months of the end of the Tenancy the Landlord shall pay a commission of 0.00% of the sales price to make ur move limited.

11 TERMINATION

11.1 Should the Landlord wish to terminate this Agreement the Landlord is required to give make ur move limited 2 weeks' written notice of the termination.

11.2 Make ur move limited is required to give the Landlord 2 weeks' written notice to terminate this Agreement.

11.3 The Landlord may terminate the Agreement if make ur move limited fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 2 weeks after notification of non-compliance is given.

11.4 Make ur move limited may terminate the Agreement if the Landlord has failed to make over any payment due within 2 weeks of the sum being requested.

11.5 Either party may terminate the Agreement by notice in writing to the other if:

11.5.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or

11.5.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or

11.5.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or

11.5.4 the other party ceases to carry on its business or substantially the whole of its business; or

11.5.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

11.6 In the event of termination the Landlord must make over to make ur move limited any payment for work done and expenses incurred up to the date of termination.

11.7 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.

12 MEDIATION

12.1 Any dispute arising under this Agreement will be referred to and decided by the Mediator.

12.2 The Mediator will be appointed by application to Ombudsman for Estate Agents.

12.3 A party wishing to refer a dispute to the Mediator shall advise the other party of this intention in writing at any time during the term of this Agreement. The dispute must then be referred to the Mediator within seven (7) days of this intention being intimated.

12.4 The Mediator shall act impartially and be free to take the initiative in ascertaining the facts and the law. The Mediator must reach a decision within twenty eight (28) days of referral or such longer period as the parties may agree.

12.5 During the period of mediation both parties must continue with their obligations as stated in this Agreement.

12.6 The decision of the Mediator is binding on both parties unless and until revised by legal proceedings or agreement by both parties.

13 WARRANTY

Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.

14 LIMITATION OF LIABILITY

Nothing in these Terms and Conditions shall exclude or limit the liability of make ur move limited for death or personal injury, however make ur move limited shall not be liable for any direct loss or damage suffered by the Landlord or any third party howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the professional indemnity insurance policy held by make ur move limited in the insurance year in which the Landlord's claim is first notified.

15 INDEMNITY

The Landlord shall indemnify make ur move limited against all claims, costs and expenses which make ur move limited may incur and which arise directly or indirectly from the Landlord's breach of any of its obligations under these Terms and Conditions.

16 FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

17 ASSIGNMENT

The Landlord shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of make ur move limited.

18 THIRD PARTY RIGHTS

Nothing in these Terms and Conditions intend to or confer any rights on a third party.

19 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

20 WAIVER

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.

21 NOTICES

Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Application Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.

22 ENTIRE AGREEMENT

These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.

23 GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.