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
37 Temple Street,
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.
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.
5.1 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.
6.1 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.
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).
14.1 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:
14.2.2 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
Legal Disclaimer and Limitation of Liability
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