Terms of Use
1. About us
1.1 Agreed (“Agreed”, “we”, “our”, “us”,
“website”) is owned and operated by Agreed Online Ltd, registered in
England and Wales with company number 11575773. If you wish to contact us by
post, correspondence should be sent to:
Agreed Online Ltd
Somerset House,
37 Temple Street,
Birmingham,
B2 5DP
1.2 By using or accessing this website, you confirm your
agreement to these Terms of Use. Your use of this website is at all times
subject to these Terms of Use (which form a legally binding contract between
Agreed and you) and all applicable laws. If you do not agree to these Terms of
Use, do not use this website.
1.3 Agreed may revise these Terms of Use at any time by
updating them, publishing them on the website and notifying you by email at the
email address which you have provided to us. You should check the website from
time to time to review the current Terms of Use.
1.4Agreed is a portal for property sales and rentals and
related services. It enables sellers, developers, and those wishing to let
their property (“landlords”) to advertise their properties for sale or rent and
provides a means for sellers, buyers, landlords and tenants to communicate with
one another.
1.5 We are members of The Property Redress Scheme (PRS) and
subscribe to its Code of Practice and complaints procedure, details of which
can be obtained on-line at https://www.theprs.co.uk/. From
time to time we may contact you to seek your consent to using your details in
any compliance or monitoring process.
1.6 Advertisements on the website shall only be kept active
for 12 months, after which they will be automatically deactivated. When a
property is deactivated from our website after 12 months, you may reactive your
advert for a further period of 12 months. Agreed may remove your property
advert from its website at its sole discretion, at any time.
1.7 We make no guarantees as to the prominence, or
performance of any advertisements that we publish.
1.8 We also reserve the right to cancel unconfirmed
accounts or accounts that have been inactive for a long time or to modify or
discontinue our listings. You agree not to hold Agreed responsible for any loss
you may incur as a result of us taking this action.
1.9 By uploading your advertisement to our website, you
irrevocably consent to us communicating the details of your advertisement to
our partners for security and commercial purposes.
2. Use of the website
You agree that in your use of this website:
2.1.1 Any information you provide on this website is
accurate and reliable to the best of your knowledge (this includes all personal
information, contact details and information related to property listings).
2.1.2 You will not use Agreed to distribute any illegal,
obscene, or otherwise harmful material.
2.1.3 You will not cause any nuisance, annoyance, or
inconvenience to Agreed’s customers or users of the website.
2.1.4 You will not use the website in any way that may
relate to the distribution of multiple unsolicited emails.
2.1.5 You will not impersonate others or create false
accounts or adverts on the website.
2.1.6 You will not use any software or any other means to
harvest information from the website.
2.1.7 You agree that you are responsible for the security
and use of any passwords and usernames to be used in accessing the website. You
agree to take all reasonable steps to protect and keep secure those passwords
and usernames. If you fail to do so you will be held responsible for any
unauthorised use of your passwords and usernames and any damage or loss that
may arise as a result.
2.1.8 You agree that you will not use the website or any
facility provided by Agreed to send, receive, distribute, store, or otherwise
deal with any material which is defamatory, offensive, illegal, obscene,
subject to the intellectual property rights of others in breach of such rights,
or breaches any duty of confidentiality by which you are bound.
2.1.9 You agree to indemnify Agreed against any costs,
claims, expenses or legal proceedings that may be taken as a result of breach
of any of the Terms of Use contained in the Terms. Further, Agreed may at any
time withdraw any access privileges that you to the website of any other
services or areas provide by them, if you are in contravention or any of the
Terms of Use contained herein.
3. Access to our platform
3.1 We do not charge sellers or landlords to advertise on
our website. We do not charge buyers to browse on our website.
3.2 We will provide access to you to publish an
advertisement for the property on this website at no charge. You will also have
access to printable brochures and posters for the property you advertise.
3.3. We shall keep the advertisement activity on our
website until the property is sold or let or until you remove the
advertisement. To ensure our properties are showcased across the internet as
fast as possible, you agree that we may use an automated feed system to send
details of properties you list on this website.
3.4 We have provided
links including Facebook and Twitter and pointers to websites maintained by
third parties. Such linked websites are not under our control and we are not
responsible for the contents (including the accuracy, legality or decency) of
any linked website or any link contained in a linked website. We provide these
links to you only as convenience, and the inclusion of any link does not imply
endorsement.
3.5 You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external to the website
for the reconstruction of any lost data.
4. Access to property portals
4.1 You will have the option to purchase subscriptions to
publish an advertisement for the property on other property portals. The list
of websites on which your property advertised is not contractual and may vary
at any time.
4.2 You will have the option to select the duration for the
subscription to publish an advertisement. By purchasing a subscription, you
agree to auto-enrol for the property portal subscription.
4.3 You acknowledge that your use of property portals will
be subject to the Terms and Conditions set out on the relevant property
portals. You will have the option to cancel the subscription at any time in
accordance with the Terms and Conditions of the property portals.
4.4 To ensure our properties are showcased across the
internet as fast as possible, you agree that we may use an automated feed
system to send details of properties you list on this website to our carefully
selected property portals.
4.5 We do not guarantee that any property you list on this
website will be displayed on property portals and we are not responsible for
any technical problems relating to property portals.
4.6 To the maximum extent permitted by law, we (including
our affiliates, officers, directors, agents and employees) will not be liable
to you in contract, tort (including negligence) or otherwise for any
liabilities, damages or losses (whether direct, indirect, consequential,
special or otherwise) incurred or suffered by you or any third party in
connection with the property portals, or in connection with the use, inability
to use, or results of the use of property portals, any websites linked to them
and any materials posted on them. We do not limit liability for fraudulent
misrepresentation or death and personal injury arising from our negligence.
4.7 The only properties that we will distribute to property
portals will be those advertised directly by sellers or landlords on the
website.
5.
Fees
We do not charge
sellers or landlords to advertise on our website. There is no obligation to
purchase any optional service to advertise on this website.
5.1 Some optional products and services are available for
advertisers to purchase and will be subject to a charge. For each optional
product you may purchase, you will pay us the applicable charge listed on this
website (as amended from time to time) at the time of your order of the
relevant services (plus any applicable taxes, including any value-added tax).
Fees are payable in GB Pounds Sterling (£) using Stripe via
this website at such frequency as listed on this website in respect of the
relevant services. We may choose to temporarily change the fees for our
services for promotional events or new services and such changes are effective
during the period set out on the relevant page of this website.
5.2 The merchant (the website) is responsible for the
website transaction. The website takes payment under HTTPS protocol and is
encrypted using the latest SSL technology, to guarantee all payments are totally
secure. Credit card details are entered on a secured page and they are
transferred using secure technology, SSL. The website uses third party systems
to take payment, such third parties are all PCI-DDS compliant and guarantee the
security of the payments made online.
6. Referrals
6.1 When selling a property, we provide referrals to
mortgage advisers, movers and a panel of conveyancers.
6.2 We have entered into introducer agreements with GoTo
Group on a fixed fee/commission basis.
6.3 To the maximum extent permitted by law, we (including
our affiliates, officers, directors, agents and employees) will not be liable
to you in contract, tort (including negligence) or otherwise for any
liabilities, damages or losses (whether direct, indirect, consequential,
special or otherwise) incurred or suffered by you or any third party in
connection with the referrals, or in connection with the services provided by
the referrals. We do not limit liability for fraudulent misrepresentation or
death and personal injury arising from our negligence.
7. Landlord Obligations
You must ensure the following before commencing to arrange
a tenancy: -
7.1 That the property is not a House in Multiple Occupation
(“HMO”), or in an area that requires a Selective or Additional Licence, or, if
it is, that the necessary licence to let the property has been obtained, and
all necessary licence conditions have been complied with. If the licence has
not yet been obtained then you must have confirmation from the local authority
that the application of the licence has been submitted to proceed.
7.2 That you have a valid Gas Safety Certificate that is no
more than 12 months old as required under the Gas Safety (Installations and
Use) Regulations 1998;
7.3 The latest edition of the How
To Rent Guide available at www.Gov.Uk is served on your tenant at the start of the
tenancy.
7.4 That a Portable Appliance Test (PAT) report that is no
more than three months old in respect of all electrical equipment that you have
made available for tenant(s) (if applicable);
7.5 Evidence that all furniture and furnishings made
available, or intended to be made available, to the tenant(s) is compliant with
the Furniture and Furnishings (Fire Safety) Regulations 1988, as amended (if
applicable)
7.6 A valid Energy Performance Certificate (EPC) in respect
of the property, or an explanation if an EPC is not required. The landlord is
advised that the Energy Efficiency (Private Rented Property) (England and
Wales) Regulations 2015 requires the EPC to be rated E or higher. Where the EPC
is rated lower than E then you must register it exempt, if such an exemption
applies, or carry out works to improve the rating of the property to an E or
higher before letting the property.
7.7 Evidence that the property is compliant with the Smoke
and Carbon Monoxide Alarm (England) Regulations 2015 and ensure that all alarms
in the property work on the first day of a new tenancy.
7.8 Legionella Risk Assessment - the landlord is
responsible for ensuring that the property is compliant with Health and Safety
Executive form ACOP L8 ‘The Control of Legionella Bacteria in Water Systems’ at
the start of, and throughout, the tenancy, by properly undertaking a Legionella
risk assessment and, if necessary, making any required changes to the water
system of the property
7.9 Electrical installation condition report valid for 5
years under the Electrical Safety Standards in the Private Rented Sector
(England) Regulations 2020;
7.10 Any security deposit taken must be for no more than 5
or 6 weeks of rent subject to the level of overall annual rent. Further, any
deposit must be registered within 30 days of the receipt of the deposit sum be
it in full or part and thereafter the certificate of registration, prescribed
information, and scheme leaflet served on the tenant also within 30 days of
receipt of the deposit.
7.11 Right to Rent Checks: landlords with property in
England must ensure that Right to Rent checks are carried out in accordance
with the Immigration Act 2014 or such other legislation as is in force prior to
the commencement of any tenancy of the property. These checks must be carried out to establish
the immigration status of all occupants of a property who are 18 years or over.
Landlords should refer to the latest Guides provided by the government at www.Gov.Uk for
the relevant procedure and acceptable documentation. Agreed will not be held
responsible for any fines, costs, levies, or prosecution at you as landlord may
experience for not carrying out the necessary checks or following up such
checks for those with a time limited right to rent.
Whilst not a legal requirement we strongly recommend that
you consider obtaining an inventory and/or Schedule of Condition at the outset
of the tenancy.
If you are not based in England and Wales then you must
provide an address for service of notices in England and Wales to the tenant at
the commencement of the tenancy.
The list above is not an
exhaustive list and you must ensure that all legal requirements for the let of
your property are met.
8. Offer process and Acceptance of Holding Deposits
8.1 When a tenant has an offer “accepted in principle”, they will be
required to pay a Holding Deposit of one week's rent to initiate the referencing
process.
8.2 The landlord will be notified as soon as this happens and has full discretion
whether to reject the Offer, to request further steps (including but not
limited to requiring referencing or checking the tenant's right to rent), or to
ask the tenant to sign the Tenancy Agreement. If the tenant adds further
tenants or guarantors to the application, or asks the landlord to do so, this
constitutes a declaration that each new party added will co-operate with the
application process in the same way as the tenant (where applicable).
8.3 If the landlord rejects the Offer, the Holding Deposit will be
refunded to the tenant.
8.4 For the avoidance of doubt, if the landlord proceeds with the
application following the Offer, this does not in itself constitute an Assured
Shorthold Tenancy or other Tenancy Agreement.
8.5 Once the Offer has been made, the landlord has the option to order
referencing through Agreed. Where Agreed's referencing partners provide a
recommendation of the applicant's suitability, this recommendation is for
information purposes only and is not binding on the parties involved.
8.6 By paying the Holding Deposit, the tenant agrees to the following:
8.7.1 The tenancy will begin on the date the tenant specifies when
beginning their application, except where otherwise agreed in writing with the
landlord.
8.7.2 If the landlord and the tenant enter into a tenancy agreement
relating to the Property, the amount of the Holding Deposit will be returned in
full to the tenants and will not be put towards the first payment of rent under
the tenancy.
8.7.3 The tenant will be taking the property ‘as seen’, except where
otherwise agreed in writing with the landlord.
8.7.4 The tenant will sign our standard contract, a sample copy of which
is available on our website, except where specific additional clauses or
changes have been explicitly agreed in writing with the landlord in advance of
the clauses, or changes, being added to the contract.
8.7.5 The government's How to Rent Guide and other relevant documents
will be provided by email to the tenant's registered email address.
8.7.6 The deadline for agreeing this tenancy will be determined flexibly
by the requirements of the tenancy in question and the wishes of the landlord
and prospective tenant. Agreed will not handle the Holding Deposit any longer
than is necessary for the tenancy to be satisfactorily agreed between the
parties involved.
8.8 If the landlord decides not to enter into a tenancy agreement
relating to the Property, then subject to the requirements of any relevant
legislation, the Holding Deposit will be returned to the tenant unless one or
more of the following applies:
8.8.1 The tenant notified the landlord or Agreed in writing, after the
landlord chose to proceed following the Offer, that the tenant had decided not
to continue their application to rent the property.
8.8.2 The tenant provided materially false or misleading information to
the landlord, or Agreed. Since information provided to Agreed's referencing
partners will be shared with both Agreed and the landlord, the tenant
acknowledges that materially false information provided to Agreed's referencing
partners will be grounds for their Holding Deposit not to be returned.
8.8.3 The landlord had taken all reasonable steps to enter into a
tenancy agreement, but the tenant failed to take all reasonable steps to enter
into a tenancy agreement.
8.8.4 The landlord is prohibited by section 22 of the Immigration Act
2014 (persons disqualified by immigration status) from granting a tenancy of
the housing to the tenant, and the landlord did not know, and could not
reasonably have been expected to know, that the prohibition applied before the
Holding Deposit was accepted.
8.9 If the tenant pulls out of the application (or we have reason to
believe this may be the case), we reserve the right to resume marketing the
property until it is clear that the tenant still wishes to proceed.
8.10 If there is one or more grounds for not returning the Holding
Deposit to the tenant as outlined in these Terms and under the relevant
legislation, Agreed will where appropriate pay the Holding Deposit to the
landlord as compensation for the tenant's abandoned application and any
associated costs and lost profits incurred. However, landlords using the Agreed
website agree that the decision of whether or not to pay the Holding Deposit
(or any part of it) to the landlord will be at Agreed's sole discretion and no
discussion will be entered into once Agreed has made this decision.
8.11 By making an Offer, tenants are declaring that they have not
already paid a holding deposit for the property, or if they have paid such a
holding deposit, that it has been refunded in full.
9. Tenancy Agreements
9.1 Any acceptance by the landlord of a tenant’s Offer (as described
under Offer and Acceptance of Holding Deposits) should be considered to be
subject to contract. To complete the tenancy, the Tenancy Agreement will need
to be signed digitally on the on the Agreed website via our e signature partner
Signable.
9.2 Agreed’s relationship to all documents completed using the service
is that of a trusted, disinterested third party.
9.3 Accordingly, Agreed disclaims any representations of any kind
regarding the documents that pass through the service.
9.4 You are responsible for recognizing the parties of interest in all
transactions you complete using the service and assessing all associated risks.
10.Tenancy Deposits & Rent Payments
10.1 The Landlord will collect the Deposit and register this with the Deposit
scheme specified in the tenancy agreement, so that the Deposit can be protected
under the government-backed tenancy deposit scheme. The Deposit will be held
under the terms and conditions of the Deposit agency in question, and these
terms will be provided by the landlord to the tenants as part of the Deposit
registration process.
10.2 Rent will be paid by the tenant directly to the landlord on the
rent due date as set out in the tenancy agreement.
10.3 Agreed does not operate a rent collection service.
11. Reference
service
A tenant
referencing service is available to landlords by our referencing partners Veri
Check whilst no guarantee is given by Agreed in relation to the content of such
references, this can help landlords make an informed decision about the
intended tenant.
12.
Copyright
In respect of any posts, photographs/videos or documents
submitted by you for advertisement, you confirm that you own full title to such
details, documents and /or photographs and you agree to grant us an irrevocable
perpetual copyright license to use those materials. In relation to property
listings, note that you cannot use photographs from an estate or letting
agent's particulars without their express permission - it is your
responsibility to ensure you have copyright over any materials supplied to us
for publication on your behalf and you agree to indemnify us. Photographs,
images, descriptions and all other content published on this website are the
copyright of Agreed Online Ltd and may NOT be copied from this website
or reproduced in any other advertisement or marketing, without our written
consent. You may not copy, reproduce, distribute, publish, create derivative
works, store electronically, transmit or in any way exploit for commercial
gains or otherwise, any content or posted information on the website. We do not
permit the use of the logo by third parties without express permission or a
license agreement.
13. Sale & To Let Boards
13.1 In addition to advertising a seller’s property online,
we may erect a For Sale or To Let Board at the property to inform potential
applicants of its availability.
13.2 We will provide this service to seller’s or landlords
who purchase this service.
13.3 Where a board is erected at property, the seller /
Landlord agrees to the following:
13.3.1 They will request removal of the Board if it is no
longer wanted;
13.3.2 They will notify us immediately if it comes to their
attention that any damage has occurred or is likely to occur as a result of a
Board being placed; and
13.3.3 Agreed will not be liable for such damage (not
excluding any lability that we or our subcontractors may have for board
installed in a negligent manner).
14. Refunds
14.1 Since the services we offer are non-tangible and irrevocable, we
cannot issue refunds after a listing or reference is commenced, except at our
sole discretion. We are committed to our customers and will make our best
efforts to help you if you are not fully satisfied when using our paid
services. The EPC, Gas Safety Certificate, EICR Report, floor plans, brochures,
sale or lettings board and photography services are not refundable. You have 60
days from the purchase date to arrange an appointment with our
representative.
14.2 We reserve the right not to refund the Agreed Online Ltd users for
any fees paid through the use of our websites, services, applications and tools
in the following cases:
14.2.1 If you breach, in our opinion, these Terms of Use;
14.2.2 If your ads went live with exposure on the property portals,
services, applications or tools, even for a limited time, and that they
benefited from the service associated with the paid fee;
14.2.3 If your ads are placed into "edit" mode and will go
live to website once updated by you;
14.2.4 If you have removed your ads yourself; and
14.2.5 If you post duplicate ads as defined in our rules regarding
duplicate ads.
Please note that the above list is not exhaustive.
15. Data Protection
15.1 We are registered under the Data Protection Act 1998. Our
registration and processing of your data are governed by our Privacy Policy.
Legal Disclaimer and Limitation of Liability
15.2 Except where provided elsewhere in these Terms of Use, to the
maximum extent permitted by law, we (including our affiliates, officers,
directors, agents, subcontractors and employees) will not be liable to you in
contract, tort (including negligence) or otherwise for any liabilities, damages
or losses (whether direct, indirect, consequential, special or otherwise)
incurred or suffered by you or any third party in connection with this website,
or in connection with the use, inability to use, or results of the use of this
website, any websites linked to it and any materials posted on it.
15.3 Should you not agree with any part of these Terms of Use or have
any dispute or claim against us or our suppliers with respect to these Terms of
Use or the services provided on the Site, your sole and exclusive remedy will
be to discontinue using the services.
15.4 Notwithstanding the foregoing, nothing in this clause is intended
to limit any statutory rights you may have as a consumer which may not be excluded,
nor in any way to exclude or limit our liability to you for personal injury or
death caused by our negligence.
15.5 We are not liable for any consequences or loss from your use of
this website.
15.6 In no event do we accept liability of any description, for the
posting of any unlawful, threatening, abusive, defamatory, obscene or indecent
information, or material of any kind which violates or infringes upon the
rights of any other person, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal offence,
give rise to civil liability or otherwise violate any applicable law.
15.7 In no event do we accept liability of any description including
liability for negligence for any damages whatsoever resulting from loss of use,
data or profits arising out of, or in connection with, the viewing, use or
performance of this website or its contents. The pages contained in this
website may contain technical inaccuracies and typographical errors. The information
in these pages may be updated from time to time and may at times be out of
date. We accept neither responsibility for keeping the information in these
pages up to date, nor liability for any failure to do so.
16. Conditions of Posting
16.1 As a condition of your use of the website you agree that you will
not:
16.1.1 post or transmit any unlawful, threatening, abusive, defamatory,
obscene or indecent information or material of any kind, including without
limitation any transmissions constituting or encouraging conduct that would
constitute a criminal offence, give rise to civil liability or otherwise
violate any applicable law.
16.1.2 post or transmit any material of any kind which violates or
infringes upon the rights of any other person, including material which is an
invasion of any privacy or publicity rights, or which is protected by
copyright, trademark or any other proprietary right, or derivative works with
respect thereto, without first obtaining permission from the owner or relevant
right holder.
16.1.3 post or transmit any material of any kind which contains a virus
or any other harmful component
16.1.4 The content on the property portals is provided for general
information only. It is not intended to amount to advice on which you should rely.
You must obtain professional or specialist advice before taking, or refraining
from, any action based on the content on their website.
17. Jurisdiction and Choice of Law
These Terms of Use are governed by English law and the parties submit to
the exclusive jurisdiction of the English courts in relation to any dispute
(contractual or otherwise) concerning these Terms of Use.
18. Indemnification
You agree to indemnify, defend and hold us and our affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless from any claims or demands, made by any third party due to, or arising out of, your use of the services, the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other rights of any other person or entity.