The following expressions shall have the following meanings:
1.1 "make ur move limited, ("we/us" means a company registered in England, registered number 06466785, with the registered office Arkwright House, Parsonage Gardens, Manchester M3 2HP;
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 as amended from time to time;
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 or any person who is a potential Tenant;
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 us from the Customer for providing the Services as indicated on our Website;
1.9 "Conditions/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 and as amended from time to time;
1.10 "Agreement/Contract" means the contract between make ur move limited and the Customer 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 customer.
1.12 "Applicant" is any party enquiring for further information on an advertised property.
1.13 "Order" means the Customer's registration for services as ordered on www.makeurmove.co.uk.
1.14 "Intellectual Property Rights" all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world,
1.15 "Website" shall mean www.makeurmove.co.uk
1.16 "Specification" shall mean the description or specification of the Services provided in writing by us to the Customer via our Website or otherwise.
1.17 "Customer" shall mean a Landlord and/or Applicant.
1.18 "Tenancy Deposit Scheme" shall mean the scheme defined in section 212(2) of the Housing Act 2004.
1.19 "Schedules" shall mean the schedules attached at the back of these terms and conditions which are fully incorporated into these terms and conditions.
1.20 "Free Service" as defined in Schedule 1.
2.1 The Order constitutes an offer by the Customer to purchase Services in accordance with these Terms and Conditions.
2.2 The Order shall only be deemed to be accepted when we issue confirmation to the Customer that the Property has been accepted by us, at which point and on which date the Agreement shall come into existence ("Commencement Date").
2.3 The Agreement constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in the Agreement.
2.4 This document (together with the documents referred to within it) states to the Customer the terms and conditions under which we supply the Services. Customers should read these Conditions carefully and make sure that they understand them before ordering any Services on our Website. Customers understand that by ordering any Services, they are bound by these Conditions.
2.5 Any samples, drawings, descriptive matter or advertising issued by us, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Agreement or have any contractual force.
2.6 These Terms and Conditions apply to the Agreement to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.7 Any quotation given by us shall not constitute an offer, and is only valid for a period of 20 Business Days from its date of issue
3.1 We shall supply the Services to the Customer in accordance with the Specification in all material respects.
3.2 We shall use all reasonable endeavours to meet any performance dates specified but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
3.3 We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and we shall notify the Customer in any such event.
3.4 We warrant to the Customer that the Services will be provided using reasonable care and skill.
3.5 Please note that in some cases we accept orders as agents on behalf of third party sellers. The resulting legal contract is between the Customer and that third party seller and is subject to the terms and conditions of that third party seller, which they will advise you of themselves.
3.6 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot guarantee that services you purchase from third parties on our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality and any such warranties are DISCLAIMED by us absolutely.
4.1 The Customer shall:
(a) ensure that the terms of the Order are complete and accurate;
(b) co-operate with us in all matters relating to the Services;
(c) provide us, our employees, agents, consultants and subcontractors, with access to the Customer's premises, office accommodation and other facilities as reasonably required by us;
(d) provide us with such information and materials as we may reasonably require in order to supply the Services and ensure that such information is accurate in all material respects;
(e) obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Services are to start;
(f) keep and maintain all materials, equipment, documents and other property of ours ("Supplier Materials") at the Customer's premises in safe custody at its own risk, in good condition until returned to us, and not dispose of other than in accordance with our written instructions or authorisation.
4.2 If our performance of any obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation ("Customer Default"):
(a) we shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve us from the performance of any of its obligations to the extent the Customer Default prevents or delays our performance of any of our obligations;
(b) we shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this clause ; and
(c) the Customer shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default.
5.1 The Fee for our Services will be as quoted on our Website and within the Schedules of these Conditions from time to time, except in cases of obvious error.
5.2 The Customer will pay interest on all late payments at a rate of 4.00% per annum above the base lending rate of Barclays Bank.
5.3 We are also entitled to recover all reasonable expenses incurred in obtaining payment from the Customer where any payment due to us is late.
5.4 The Customer is not entitled to withhold any monies due to us.
5.5 We are entitled to vary the price to take account of:
(a) any additional Services requested by the Customer which were not included in the original purchase;
(b) any reasonable increase in hourly, daily or set rates, if applicable and any variation must be intimated to the Customer in writing by us.
(c) In the event the Customer seeks to cancel the Agreement for Services prior to commencement of the service we will refund any payment made at our discretion. If cancellation is made after Services have commenced the Customer will not be entitled to a refund, a refund may be made however in certain circumstances at our discretion.
6.1 Where instructed and purchased the Customer consents to us erecting a display board at the Property to assist in the marketing of the Property and we shall adhere to the relevant statutory regulations relating to the display of such boards.
6.2 The Customer agrees to co-operate with us as may be required.
6.3 If appropriate, the Customer agrees to obtain permission from his/her mortgage company to let the Property.
6.4 The Customer agrees to notify his/her insurance company of their intention to let the Property.
6.5 The Customer shall remain responsible for the security and well-being of the Property during vacant periods.
6.6 The Customer undertakes to take all necessary steps to ensure compliance with the relevant statutory undertakings.
6.7 The Customer shall not have any utility services disconnected prior to the start of the Tenancy.
6.8 The Customer shall remain responsible for the protection of any deposit through their nominated scheme under the Tenancy Deposit Scheme.
6.9 The Customer shall ensure that all mortgage payments are up to date and there are no outstanding arrears.
6.10 The Customer agrees that tenants can not enter into negotiations with you direct. All such negotiations must be conducted via our team.
6.11 It is a condition of use our website that all communications relating to an offer to rent a property advertised for rent by us and any negotiations in relation to the rental of such property are conducted via us and not privately between the landlord and any prospective tenant introduced by us.
6.12 The Customer agrees to use our service as a private landlord only and not as a letting or estate agent.
6.13 The Customer agrees that we cannot guarantee that this Property will be let by using our Service and no refund will be made in the event that your Property is not let.
6.14 It is the Customer's responsibility to ensure that all personal and property particulars held by us are correct.
6.15 It is the Customer's responsibility to check the descriptions of the Property in the schedule provided by us on the Website and on other relevant marketing materials and notify us of any amendments required. The Customer shall indemnify us and any other associated parties against any claim made in respect of any mis-description that arises out of the Customer's failure to adhere to this condition.
6.16 If a Customer wishes to change any personal or Property particulars they must do so by logging into their account and editing the property.
7.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by us.
7.2 The Customer acknowledges that, in respect of any third party Intellectual Property Rights, the Customer's use of any such Intellectual Property Rights is conditional on us obtaining a written licence from the relevant licensor on such terms as will entitle the Supplier to license such rights to the Customer.
7.3 All materials supplied to the Customer are our exclusive property.
A party ("Receiving Party") shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party ("Disclosing Party"), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party's business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party's obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause 8 shall survive termination of the Contract.
9.1 Nothing in these Terms and Conditions shall limit or exclude our liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agent or sub-contractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
9.2 Subject to clause 9.1:
(a) we shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) our total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Contract being the Fee paid from the Customer to us under this Contract (if any).
9.3 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
9.4 This clause 9 shall survive termination of the Contract.
10.1 We provide the Free Service in accordance with the provisions of schedule 1 as amended from time to time.
10.2 Services to Applicants are regulated under schedule 2.
10.3 Marketing services are regulated under schedule 3.
10.4 Traditional Tenant Find and Management and terms specific to tenancy agreements and legal documents shall be regulated by schedule 4 and schedule 5 of this Agreement.
10.5 Other services provided by us not already covered in these Terms and Conditions shall be regulated in accordance with schedule 6.
11.1 Should either party wish to terminate this Agreement that party is required to give the other party 2 weeks' written notice of the termination.
11.2 The Customer may terminate the Agreement if we fail to comply with a material provision of these Terms and Conditions and this failure continues for a period of 2 weeks after notification of non-compliance is served upon us.
11.3 we may terminate the Agreement if the Customer has failed to make over any payment due within 2 weeks of the sum being requested.
11.4 Either party may terminate the Agreement by notice in writing to the other if:
(a) 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
(b) the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
(c) 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
(d) the other party ceases to carry on its business or substantially the whole of its business; or
(e) 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.
11.5 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.
12.1 On Termination of the Contract for any reason:
(a) the Customer shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by the Customer immediately on receipt;
(b) the Customer shall return all of our materials and any deliverables which have not been fully paid for. If the Customer fails to do so, then we may enter the Customer's premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract;
(c) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
(d) clauses which expressly or by implication have effect after termination shall continue in full force and effect
13.1 Any dispute arising under this Agreement will be referred to and decided by the Mediator.
13.2 The Mediator will be appointed by application to Ombudsman for Estate Agents.
13.3 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 (7) days of this intention being intimated.
13.4 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.
13.5 During the period of mediation both parties must continue with their obligations as stated in this Agreement.
13.6 The decision of the Mediator is binding on both parties unless and until revised by legal proceedings or agreement by both parties.
The Customer shall indemnify us against all claims, costs and expenses which we may incur and which arise directly or indirectly from the Customer's breach of any of its obligations under these Terms and Conditions.
15.1 Force majeure:
For the purposes of this Contract, Force Majeure Event means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
We shall not be liable to the Customer as a result of any delay or failure to perform our obligations under this Contract as a result of a Force Majeure Event.
If the Force Majeure Event prevents us from providing any of the Services for more than 4 weeks, we shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer
15.2 Assignment and subcontracting:
(a) we may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
(b) The Customer shall not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
(a) Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or sent by fax to the other party's main fax number.
(b) Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second business day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed, or if sent by fax, on the next business day after transmission.
(c) This clause 16 shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, "writing" shall not include e-mails and for the avoidance of doubt notice given under this Contract shall not be validly served if sent by e-mail.
(a) A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
(b) Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
(a) If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
15.6 No partnership: Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
15.7 Third parties: A person who is not a party to the Contract shall not have any rights under or in connection with it.
15.8 Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by us.
15.9 Governing law and jurisdiction: This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
1.1 Our free Tenant find service is provided on the basis that all negotiations between the Landlord and the Tenant are conducted via us.
1.2 Our free Tenant find service is provided on the basis that once a suitable Tenant is found the landlord must ensure that the Tenant follows our offer process and pays a processing fee up to a maximum of £80 + VAT and is fully referenced prior to taking up any tenancy.
1.3 We will advertise your property until either you have secured a suitable Tenant or up to a maximum period of 14 consecutive days on the free trial or for 90 consecutive days if you are a makeurmove "Trusted Landlord"
1.4 The property will be unpublished at the end of the relevant free marketing period.
1.5 In the event the property receives more than 12 viewing requests and is still available we reserve the right to suspend marketing while we investigate the reasons why the property is still available
1.6 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 £200.
1.7 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 £200.
1.8 In the event that the landlord enters into a Tenancy with a Tenant introduced by us without following our process and without a processing fee being paid by the Tenant the Landlord shall be responsible to pay make ur move a fee equal to £200.
2.1 It is the Applicants responsibility to check the property corresponds with the advert.
2.2 It is the Applicants responsibility to ensure they have the necessary capacity and funds to rent the property.
2.3 The Applicant is not permitted to enter into negotiations for the rental of the property directly with the landlord. All such communication must be handled via us.
2.4 Applicants will pay a referencing fee of up to £80 plus VAT.
3.1 Our Online Tenant Find service is provided on the basis that all negotiations between the landlord and the Tenant are conducted via us.
3.2 Once our fee has been paid in full we will advertise your Property until either you have secured a suitable tenant or up to a maximum period of 90 consecutive days
3.3 The Property will be unpublished after 90 consecutive days
3.4 In the event the Property receives more than 12 viewing requests and is still available we reserve the right to suspend marketing while we investigate the reasons why the Property is still available
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These documents are provided freely for your convenience. We can make no assurances as to the fitness for purpose of these particular documents and any use of them should be made at your own risk. You should, at all times, seek legal advice on the documents to ensure they are workable for your business.
1.1 Energy performance certificates are a legal requirement for all Landlords that advertise property to let in England and Wales.
1.2 Landlords that order an EPC from us will receive a call from an energy assessor representative normally within 48 hours of placing the order.
1.3 We act only as an introducer to a third party supplier and therefore cannot accept responsibility for any works carried out by the Energy Assessors.
1.4 The Energy Performance Certificate complies with latest property and energy regulations.
1.5 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 and For Sale Boards. The refund policies relating to all other services are covered within the specific terms and conditions for those services.
1.6 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 us and will be based on the current status of the order in question. We enter into legally binding contracts with third party organisations to delivery a service to the user, therefore no automatic refund rights exist.
1.7 The user undertakes to ensure that the decision to order and use our services has been fully considered and we reserve the right to issue a refund at its sole discretion.
2.1 We act as introducer of third party suppliers in the provision of Gas Safety Certification.
2.2 In line with current Gas Safety Regulations, all our gas engineers comply with GAS SAFE standards.
2.3 Identification and registration information can be supplied on visit.
2.4 We cannot accept responsibility for any works carried out by the gas engineer.
3.1 We act as introducer of third party suppliers in the provision of Electrical Certification.
3.2 In line with current building regulations, all our Electrical Engineers comply with NICEIC standards.
3.3 Identification and registration information can be supplied on visit.
3.4 We cannot accept responsibility for any works carried out by the Electrician
4.1 We act as introducer of third party suppliers in the provision of property inventories.
4.2 All our inventory clerks comply with APIP standards.
4.3 Identification and registration information can be supplied on visit.
5.1 We act as introducer of third party suppliers in the provision of property check-ins and check-outs.
5.2 Identification can be supplied on visit.
5.3 We cannot accept responsibility for any works carried out by the property professional.
6.1 Property displayed in a Featured Property Product ("Featured Property") will appear at the top of such search results pages
6.2 Property displayed in a Premium Listing Product ("Premium Property") is an enhanced advert with a digital sticker applied on Rightmove in the natural search listings.
6.3 The minimum standard contract period per Featured Property is three working days and if purchased can be 7 days. Once this period is up there will need to be a new Featured Property credit purchased for the property to remain in that position.
6.4 We cannot guarantee any increase in enquiries as a result of the purchase of either of these services
7.1 Tenant referencing is carried out in house.
7.2 All information will be treated confidentially and in accordance with data protection laws.
7.3 We may apply for an employment reference, a current or previous landlord reference as well as a 6 year financial check.
7.4 The cost of £80 per person for comprehensive tenant referencing is paid by the tenant in accordance to the terms of the Free Tenant Find service.
8.1 This service is supplied by simplifydigital.co.uk and is operated and owned by Simplydigital.
8.2 The service is aimed at private consumers or non-commercial price comparison between various Digital TV, Broadband and Home Phone Providers.
8.3 Simplifydigital Ltd is a Company registered in England and Wales with a company Registration No 6095563 and having its registered office at 2 temple Back East, Temple Quay, Bristol, BS1 6EG
9.1 We act as an introducer of third party suppliers in the provision of furniture in line with the Furniture and Furnishings (Fire) Safety Regulations 1988 and be fire safety compliant.
9.2 We cannot be held liable for the quality of goods supplied.
10.1 This service is supplied by mybuilder.com and is operated and owned by My Builder. The service is aimed at private landlords or non-commercial price comparison between various Tradesman.
10.2 My Builder is a Company registered in England and Wales with a company Registration No 05272398 and having its registered office at 40 Clerkenwell Close, London, EC1R 0AW.
11.1 This service is supplied by anyvan.com and is operated and owned by Anyvan Limited
11.2 Anyvan, is a Company registered in England and Wales with a company Registration No 06837274 and having its registered office at G4 – Shepherd's Building, Charecroft Way, London, W14 0EH
12.1 We are FSA Introducer Appointed Representatives and refer landlord insurance to Just Landlords.
12.2 Just Landlords is a trading name of Just Landlords Insurance Services Limited, which is an appointed representative of Vasek Insurance Services Limited who are authorised and regulated by the Financial Services Authority under Firm Reference Number 309354 Registered in England and Wales. Reg No. 6832069 Registered address Lygon House 50 London Road Bromley BR1 3RA.