Website and General Terms & Conditions
These terms and conditions were last updated on 19/12/2022
This agreement applies to the User of this Web Site, “You”, “Your” and “We”, “Us”, “Our”, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon Your first use of the Web Site and your acceptance of our terms on conditions when ticking the tick box when arranging a viewing, booking space, contacting us or listing space on the website. If You do not agree to be bound by these Terms and Conditions, You should stop using the Web Site immediately.
0. IMPORTANT – General Covenant Against Circumvention:
0.1 The user confirms that by using our Services, making a booking or by arranging a viewing through our site, you agree that you shall not tender or receive rental payments of any kind, directly or indirectly, or enter into any related agreement or transaction that would create or result in a lease, sale or license to use any land or property, with respect to properties found or parties contacted on Share There’s website, unless you have done so through Share There’s platform or you have obtained the express prior written consent of Share There or its authorised agents. This restriction shall survive termination of this agreement for a reasonable period of thirty-six (36) months thereafter.
0.2 In the event a user breaches this circumvention covenant, the user understands that Share There would be damaged and suffer lost profits that would be hard to calculate and therefore the user acknowledges that Share There may at its sole discretion elect to hold the user responsible for liquidated damages in the form of an indemnification amount which shall be equal to three times the total amount Share There would have been entitled to had the transaction occurred on its site or through its authorised agents and in compliance with its rules. This is calculated by multiplying the advertised listing price of the space by 10% which is the standard monthly service fee and multiplying this figure by 12 which is the average annual agreement length and then multiplying this figure by three which is the average annual renewal duration. The user acknowledges that such amounts shall be due immediately upon said breach. Joint and several liability for any breach under this provision may apply to any and all users, either Landlords or Occupants, based on Share There’s sole discretion and assessment of the conduct of the parties and the circumstances of circumvention.
0.3 The user confirms that they have the authority to act on behalf of the company that they represent and they and the company officers accept personal liability for any breach of this covenant in the event that the company default on any amount owed to Share There under this covenant.
0.4 The user confirms In the event of any breach of this covenant and in the event that the company default on any amount owed to Share There . Share There can transfer any liability to any associated company or wholly owned subsidiary at its sole discretion.
0.5 The user confirms that they will pay the full legal expenses of Share There and that Share There is not liable for legal expenses sustained by the user as a result of a breach of this covenant.
0.6 The user confirms that this covenant applies to the individual, company, any associated company or wholly owned subsidiary that enter into any related agreement or transaction that would create or result in a lease, sale or license to use any land or property, with respect to properties found or parties contacted on Share There’s website, unless you have done so through Share There’s platform or you have obtained the express prior written consent of Share There or its authorised agents.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account”
means collectively the personal or business information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;
“Content”
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Landlord”
a person or business who owns property or a lease and allows another person or business to use it for a fee;
“Payment Information”
means any details required for the purchase of Services from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information”
means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;
“Premises”
means our place of business located at Stamford St, London, SE1 9LQ;
“Service”
means collectively any online facilities, tools, services or information that makes available through the Web Site either now or in the future;
“Services”
means the services available to you through this Web Site, specifically the listing of properties to let together with ancillary services;
“Occupier”
a person or business who has the use of a space, property or land etc, subject to the payment of rent:
“Share There”
means Mr EF Hepburn T/A Share There, Stamford St London SE1 9LQ;
“User”
means anyone person or business using the website that you are currently using (www.sharethere.co) and any sub-domains
“Web Site”, “Website”
means the website that you are currently using (www.sharethere.co) and any sub-domains of this site unless expressly excluded by their own terms and conditions
2. Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by, or with the permission of, the account holder.
3. Business Customers
These Terms and Conditions apply to customers procuring Services in the course of business.
4. Intellectual Property
4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of , our affiliates or other relevant third parties. By continuing to use the Web Site You acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
4.2 Subject to Clause 6 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by.
5. Third Party Intellectual Property
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 6 You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
7. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.sharethere.co without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Share There . To find out more please contact us by email at hello@sharethere.co or by post, Share There, Stamford St London SE1 9LQ
9. Use of Communications Facilities
9.1 When using the viewing form, enquiry form or any other System on the Web Site You should do so in accordance with the following rules:
9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
9.1.5 The means by which You identify Yourself must not violate these terms of use or any applicable laws;
9.1.6 You must not impersonate other people, particularly employees and representatives of or our affiliates;
and
9.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
9.2 You acknowledge that reserves the right to monitor any and all communications made to us or using our System.
10. Accounts
10.1 In order to procure Services on this Web Site and to use the facilities of direct booking You are required to create an Account which will contain certain personal details and Payment Information which may vary based upon Your use of the Web Site as We may not require payment information until You wish to make a booking. By continuing to use this Web Site You represent and warrant that:
10.1.1 all information You submit is accurate and truthful;
10.1.2 You have permission to submit Payment Information where permission may be required;
and
10.1.3 You will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of Your representation and warranty.
10.2 It is recommended that You do not share Your Account details, particularly Your username and password. accepts no liability for any losses or damages incurred as a result of Your Account details being shared by You. If You use a shared computer, it is recommended that You do not save Your Account details in Your internet browser.
10.3 If You have reason to believe that Your Account details have been obtained by another without consent, You should contact immediately to suspend Your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to Your notifying us of the unauthorised nature of the order or payment, will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment.
10.4 When choosing Your username You are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of Your Account.
11. Termination and Cancellation
11.1 Either Share There or You may terminate your Account. If We terminate your Account, You will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
11.2 If We terminate your Account, any current or pending bookings or payments on your Account will be cancelled and provision of Services will not commence.
11.3 We reserve the right to cancel bookings or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.
11.4 If orders or payments are cancelled for any reason prior to commencement of Services provision You will be refunded any monies paid in relation to those purchases.
11.5 If You terminate your Account any non-completed orders or payments will be cancelled and You will be refunded any monies paid in relation to those orders.
11.6 If you are a prospective occupier and have made a payment to Us in order for Us to process your application, you must ensure We and our appointed representatives are provided with any relevant information, as requested, so to ascertain your suitability to rent a particular property. Such information must be provided within 7 days of such a request for information, otherwise the order will be cancelled, however a refund will not be due under these circumstances.
12. Refund Policy
12.1 Where You agree to the delivery of services or an appointment date within 3 days of your order, You acknowledge the Contract commences immediately and therefore waive your right to cancellation. In the case of property listings You agree for us to provide the Services to You immediately.
12.2 Application, administration and referencing fees paid by or on behalf of prospective occupiers are non refundable.
13. Services, Pricing and Availability
13.1 Whilst every effort has been made to ensure that all descriptions of Services available from correspond to the actual Services, Share There is not responsible for any variations from these descriptions.
13.2 Where appropriate, You may be required to select the required package of Services.
13.3 Share There does not represent or warrant that such Services will be available. Availability indications are not provided on the Web Site
13.4 All pricing information on the Web Site is correct at the time of going online. Share There reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
13.5 In the event that prices are changed during the period between an order being placed for Services and processing that order and taking payment, provision of Services shall commence as per Your order and You will be charged the original price.
13.6 All prices on the Web Site show if they do or do not include VAT.
14. Provision of Services
14.1 Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.
14.2 shall use its best endeavours to provide the Services with reasonable skill and care.
14.3 Certain Services are provided by third parties and as such We do not accept responsibility for any failings on their behalf.
14.4 Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.
14.5 In the event that Services are provided that are not in conformity with Your order and thus incorrect, You should contact us within 10 days to inform us of the mistake. will ensure that any necessary corrections to the Services provided are made within 7 working days.
14.6 reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 14. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
14.6.1 Any use or enjoyment that You may have already derived from the Services;
14.6.2 Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of Share There.
14.6.3 Payment of our administration fees by a prospective occupier does not automatically entitle them to rent a property. This admin fee is non refundable, unless under certain circumstances, please see our Refund Policy under clause 12.
Such discretion to be exercised only within the confines of the law.
15. Privacy
Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please refer to the relevant page on this Website.
We will share the result, including any personal data, obtained during the course of the occupier and guarantor referencing process with the Landlord in order to assist them with their decision whether or not to enter into a tenancy agreement with the occupier(s).
16. Disclaimers
16.1 makes no warranty or representation that the Web Site will meet Your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
16.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
16.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
17. Changes to the Service and these Terms and Conditions
Share There reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time You use the Web Site following the changes. If is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by You in the future.
18. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
19. Limitation of Liability
19.1 To the maximum extent permitted by law, accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
19.2 These Terms and Conditions excludes or restricts Share Theres liability for death or personal injury resulting from any negligence or fraud on the part of Share There or any of its users.
19.3 These Terms and Conditions excludes or restricts Share Theres liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Web Site.
19.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
20. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
21. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
22. Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@sharethere.co. Such notice will be deemed received 3 days after posting if sent by recorded first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
23. Law and Jurisdiction
These terms and conditions and the relationship between You and Share There shall be governed by and construed in accordance with the Law of England and Wales and You agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
24. Additional Terms and Conditions
By accessing Our Website and / or ticking the relevant box within the registration or you viewing process You agree that;
24.1 You fully understand and agree to be bound by all our Terms and Conditions.
24.2 You fully understand the advertising, letting and property services that we offer.
24.3 We are unable to guarantee that Your space will be let.
24.4 You agree that Our Service is satisfactory for Your needs.
24.5 Where applicable, You agree to pay in full all monies due for all selected Goods and Services in advance.
24.6 The resources and help pages available on this Website are provided as guides and should be treated as such.
25. Complaints Procedures
25.1 We are committed to providing a professional service to all our clients and customers. When something goes wrong, we need you to tell us about it. This will help us to improve our standards. Should you need to file a complaint, please ask for a copy of our Internal Complaints
Terms and Conditions of Business
These service specific terms & conditions form part of our Website and General Terms & Conditions.
Property Advertising Services
Acceptable Use Policy
We collect anonymous data relating to how you use the site, for example which pages you visit, how long you look at them and details of what browser you are using. We can’t trace any personal information through this tracking, which is covered by our Privacy Policy.
You agree that in your use of this site:
any information you provide on this site is accurate and reliable to the best of your knowledge (this includes all personal information, contact details and information related to property listings)
you will not use Share There to distribute any illegal, obscene or otherwise harmful material
you will not do anything to interfere with other users’ access to the site
you will not copy material from Share There site without our permission
You also agree and warrant when you list a property on this site that:
you have the right to offer the property for rental and will not breach any law, agreement or contract by doing so (this includes the terms of any mortgage on the property, insurance, fire regulations, gas and electrical safety)
you will only post or otherwise make available photographs, video, and other information for which you have lawful authority
the property has a valid Energy Performance Certificate (EPC) or you have one on order with us or a third party (which you must provide proof of)
the property has a valid Landlord Insurance policy
the property will have a valid Gas Safety Certificate (where gas is provided to the property, whether in use or not) before the occupier moves in
the property meets all Electrical Safety obligations
the property’s windows and doors all lock properly & securely
everything you provide with the property is safe and in working order
Fair Use Policy
In order to protect the landlord and occupiers that use our services, we reserve the right to withdraw an advert if it is deemed to be abusing our services or breaking the law in any way. This can include (but is not limited to) harvesting of occupier details, spam, false advertising and discrimination
All adverts will be automatically withdrawn once the paid for advertising time has elapsed, you will be given an opportunity to renew the advert
Each paid advert is for a single property or space only, we reserve the right to withdraw any adverts abusing this rule
Landlords Terms & Responsibilities
To contact all potential occupier leads within a reasonable amount of time, we ask you to at least make initial contact with any potential occupier within 24 hours of receiving the information from us
To not discriminate against any occupier, as per UK law
Where you have asked us to reference occupiers, you allow Share There to reference check all named personal and company occupiers on the licence contract.
You are a private commercial landlord and that you have the legal right to rent out the advertised property
You agree that the details submitted by you are accurate to the best of your knowledge
You agree to ensure you and the property or space to let, meet all statutory requirements
If we have been instructed to complete any administration work associated with the let (excluding advertising), all offers must be communicated and handled by Share There, If a occupier makes an offer to you directly, simply give us the details and we will handle the process from that point onwards
Once an offer has been received and the landlord has approved the offer “subject to suitable references” we will mark the property as “Under Offer”our website
If the Landlord will be conducting viewings with interested parties, it is the Landlords responsibility to ensure the property is safe for visitors, and any relevant insurance is in place. The Landlord unreservedly agrees that Share There cannot be held responsible for any accidents or damage caused prior to, during, or post a viewing
Should be landlord become unresponsive for 7 or more consecutive days, we reserve the right to pause the advert pending investigation
Before transferring management responsibilities to us, it is important that you have read and understand the termination clause, if applicable, in your current agent’s management agreement. We will not take any responsibility for shutting down your current management agreement nor any associated penalty fees.
4. Occupier/Applicant Terms
To check and confirm all relevant information with regards to the property they are applying for
The occupier is not permitted to enter into any negotiations directly with the landlord, all such communications must be handled by Share There
Once an offer has been accepted ‘subject to references’, the occupier agrees to provide the relevant reference information within two days of the reference form being received
It is the occupier’s responsibility to inform us if they have not received the reference form within 24 hours of their offer confirmation
Once the reference form has been submitted, the occupiers agree to answer any questions or requests for further information from ourselves or the reference agency within 24 hours of the request
The occupier agrees to not provide any false or misleading information, the occupier agrees that this may result in their holding deposit being retained if they do so
The occupier must take all reasonable steps to enter into an agreement by the agreed deadline
The occupier must advise us as soon as possible if they decide to withdraw after having an offer accepted
The occupier must not book any viewing or enter into any agreement if they do not have the Right to authorise the agreement themselves or on behalf of their company.
5. Landlord & occupier disputes
Any dispute that arises between a landlord and occupier who have used our service will be resolved solely by the landlord and occupier. We are not responsible and shall have no liability for any disagreements or disputes that may arise throughout an agreement term unless confirmed by Share There in writing as part of the agreement.
General Business Terms
‘The Service’ to be provided by the Share There when Letting Commercial Property Space or managing Commercial Property Space
With reasonable skill, care and diligence to:
1.1 advise the Client as to his statutory obligations in respect of commercial lettngs and ensure these obligations are met prior to letting the property;
1.2 advertise and/or otherwise market the Property in the manner(s) agreed or to be agreed with the Client, to include using our register of applicants, inclusion on the Share There website and other website portals that we deem to be appropriate and, if purchased, supply a “To Let” board;
1.3 take enquiries from prospective applicants;
1.4 receive applications and, having obtained references, submit the same with a recommendation to the Client for instruction, who will make the final choice of occupier;
1.5 when included in the chosen package or purchased separately, arrange for an appropriate Schedule of Condition and Inventory of fixtures, furniture, equipment and effects to be included in the letting with a note of their condition, and obtain the prospective occupier’s agreement of them;
1.6 provide the occupier with a current Landlord’s Gas Safety Certificate (CP12) if gas is installed;
1.7 make arrangements for the preparation and signing of relevant statutory notices and the letting agreement, act as Agent for the Client and sign the Agreement as Agent with the Client’s authority which is given on accepting these terms, unless agreed otherwise and without acceptance of any other liabilities of principal. Copies of the signed Agreement will be sent to the Client and the occupier;
1.8 collect the Rent payable upon commencement of the agreement, and, as stakeholder, any deposit receivable, and hold such disbursement in accordance with the terms of agreement
1.9 collect the ongoing Rent, and forward the balance to the Landlord, less the Agent fees and any deductions, in a timely manner;
1.10 notify the appropriate statutory undertakers of the name of the occupier and appropriate readings at the commencement of the agreement , if required;
1.11 within a reasonable time following execution of an agreement
(a) send to the Client the full details of the agreement and current inventory (where included in the package or purchased separately); and
(b) account for the initial Rent received, less the Agents fees and any other expenses, fully itemised, to be reimbursed by way of deduction from the Rent received;
1.12 give written notice to any Landlord of the Client of the details of the letting in compliance with any lease under which the Client may hold the Property;
1.13 if the Client decides to hold the Deposit the Client must specify to the Agent prior to the start of the agreement
1.14 Share There holds the Deposit as stakeholder;
1.15 If there is a dispute, the Agent reserves the right to pass any costs incurred to resolve the dispute, to the landlord or occupier. Payment will be requested prior to any action being taken by the Agent. The Agent can not guarantee the successful resolution of any dispute.
1.16 Upon a deposit release request from an occupier, the Agent will seek authorisation to release the deposit from the Client. Should the Client fail to respond to the Agent for 60 days or more, the Agent will release the full deposit back to the occupier
Authorisations of the Agent by the Client (For Managed Services)
The Client authorises the Agent as follows:
2.1 in cases of emergency, to take such reasonable measures as the Agent considers appropriate up to an expenditure limit of £500;
2.2 to expend any other sums considered necessary by the Agent to ensure compliance with any statutory provision affecting the Property or affecting the Client or the Agent with regard to the Property once authorise by the Client;
2.3 to reimburse himself for any sums expended under Clauses 2.1 and 2.2 above with any moneys of the Client held by the Agent;
2.4 from moneys received by him for the Client:
(a) at any time to pay or reimburse himself for any expenses or other disbursements recoverable from the Client;
(b) to deduct during any payment period his remuneration for that period other than any charge already collected in advance by agreement;
(c) after termination of the Agreement, to deduct his outstanding remuneration and/or expenses due;
2.5 to retain interest on reasonable working balances in the Client’s account.
2.6 any surplus amount retained under Clause 2.1 is to be repaid to the Client following the termination of the tenancy for which it is held
Communications between the Client and the Agent
3.1 all instructions from the Client to the Agent with regard to the Service to be performed by the Agent shall be given to the Agent in writing or, if given orally, shall be confirmed in writing within 7 days;
3.2 the Client is to provide personally or through a previous agent all information necessary to initiate the letting service and any additional work necessitated by absence of such information is chargeable;
3.3 the Client shall promptly upon request by the Agent provide to the Agent any decision or information the Agent considers necessary for the proper performance of the Service to be performed by the Agent;
3.4 any written notice or other written communication shall be deemed to have been sufficiently served if sent by email or first class post to the address specified in the Agreement or the last known address of the person for whom the communication is intended; and:
(a) any email notice or communication shall be deemed served on the following working day;
(b) any notice or communication posted shall be deemed served 3 working days following posting by first class post;
3.5 the Client undertakes to keep the Agent informed of the proposals to sell the Property or any part thereof.
Warranty and Undertakings by the Client
4.1 the Client warrants that all information supplied whether orally or in writing by him to the Agent may be relied upon as a statement of fact.
The Client undertakes;
4.2 to use reasonable endeavour to prepare, maintain and present the Property together with fixtures, furniture, equipment and effects in a lettable condition;
4.3 to obtain where applicable the authority of his lending institution and/or Landlord and to notify his Insurers of his intention to let;
4.4 upon written notice by the Agent that the Agent require the Client immediately to advance or reimburse sums in respect of Clauses 2.1 and/or 2.2, to immediately do so.
Basis for Remuneration and Reimbursement of Expenditure Authorised
5.1 the basis of the Agent’s remuneration as recorded in the Clients selected package shall apply;
5.2 in the event of it being agreed that additional work not part of the Service (Clause 1) shall be remunerated by the hour, the following rates apply: £200 per hour;
5.3 the Client shall reimburse the Agent for any agreed out-of-pocket expenses immediately on request where it cannot be taken in reasonable timescale from future incoming rent;
5.4 where expenditure authorised in these terms and conditions is incurred prior to receipt by the Agent of the Rent payable, the Agent shall be entitled to give the Client written notice to advance and/or reimburse the sums so expended (and any VAT thereon) and the Client undertakes to do so within 3 working days;
5.5 where the Agent has received Rent on behalf of the Client, the Agent shall be entitled to use this (but not any deposit received) for, or towards, the expenditure authorised by these terms and conditions and/or towards the fees and charges he is entitled to receive in accordance with these terms and conditions, and VAT thereon, and to require payment/reimbursement from the Client for any excess payable. This excess is payable within 14 days of the Agent sending an account in accordance with Clauses 1.9 & 1.11(b) above without any deduction or set off in respect of any other disputed claim by the Client against the Agent.
Assignment
6.1 this Agreement may only be assigned or transferred in whole or in part with the written consent of the other party thereto, and such assignment or transfer shall be valid only after written notice to that effect has been given.
Termination
7.1 the management contract can be cancelled by either party either after the initial term of the agreement has expired or after 12 months (whichever is the longer), with one months notice in writing. The management fee due will be calculated up to the last day of the period of notice unless previously agreed in writing.
Liability of the Agent
8.1 unless caused by the Agent’s negligence in the provision of the Service (Clause 1 above), the Agent is not liable either in contract or in tort for any loss, damage or legal or other expenses sustained as a result of:
(a) the Agent having reasonably relied upon the Client to provide accurately all relevant information;
(b) any forecast by the Agent of future income or expenditure;
(c) any defect or failure to identify any defect in the property or plant and machinery, equipment, or materials used for the Property whether or not such defect be latent or apparent on examination;
(d) the act, omission or insolvency of any person on business;
(e) any failure of the occupier to pay the Rent or comply with the Terms of the Agreement;
8.2 the Client shall indemnify the Agent in respect of any claims made by another or third party for any loss, injury, damage or legal or other expenses referred to in Clause 8.1 above;
8.3 the Agent shall not be liable to indemnify the Client in respect of any claims made by another or third party for any loss, injury, damage or legal or other expenses referred to in Clause 8.1 above;
8.4 Clauses 8.1 to 8.3 above shall not be valid insofar as prohibited by statute;
8.5 In no circumstance shall the Agent be liable for any consequential loss or damage save where death or injury results from the negligence on the part of the Agent or his employees;
8.6 The Agent’s liability to the Client for death or injury resulting from his own or that of his employees, agents, contractors or subcontractors negligence shall be limited to £1000.
Waiver
9.1 no indulgence shown by either the Client or the Agent shall prevent the other subsequently insisting upon his rights and remedies under the Agreement.
Arbitration
10.1 any dispute between the Client and the Agent arising out of these Conditions of Engagement may be referred at the instance of either or both parties to an appropriate ADR at anytime
Exclusions from the Service
11.1 the following are not part of the Service described in the Terms of Engagement to which this is an Annexe:
(a) carrying out an inspection of the Property (other than the common parts thereof), or a building survey or valuation of the Property as a security or for insurance purposes or preparing any schedule of dilapidations or inventory;
(b) advising the Client on the terms of any lease or negotiating the terms of any new or varied lease;
(c) initiating, conducting, preparing evidence for and attending hearings for and otherwise dealing with any rent review, party wall proceedings, application for a grant or for consent, insurance claim, arbitration or litigation;
(d) dealing with local government matters, including business rate valuations, planning permission, building regulation consent and grant applications;
(e) engaging, instructing, supervising and paying the fees, other charges and disbursements from funds held of any contractor or other professional or consult engaged with the prior consent of the Client;
(f) preparing specifications and tenders for, supervising and measuring works, the cost of which exceeds the specified expenditure limits and for non-routine matters and where expenditures is in excess of the limits contained in the agreement;
(g) advising on safety or health;
(h) any advertising and recruitment of staff on behalf of the Client;
(i) supplying extra copies of statements of account and copies of any other documents;
(j) if the Client is a company, acting as a company secretary;
(k) dealing or advising upon applications for assignment of tenancies, licences or leases, sub-lettings, alterations and changes of use;
(l) drawing up an appropriate Schedule of Condition and Inventory of fixtures, furniture, equipment and effects to be included in the letting with a note of their condition; and
(m) management of the property which is defined as collecting rental payments, inspections of the property, contacting or dealing with the occupier on the Client’s behalf for any reason after the tenancy has started, other than in connection with the Deposit.
Type of Agency
12.1 you have instructed us to act as your sole agents. If you wish to appoint joint sole agents or multiple agents, this will be reflected in the fee for the service. Notification of any change to our standard conditions should be in accordance with Clause 3.
Governing Law
13.1 These terms and conditions shall be governed by and will be construed in accordance with the law in England and Wales.
Interpretation
14.1 references in the singular apply also in the plural and references to persons apply also to organisations. References to the masculine include, where appropriate, the feminine;
14.2 in these Conditions ‘the Agreement’ is the attached Agreement between the Landlord and Occupier or the Landlord and Share There;
14.3 if any part of these terms and conditions is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these terms and conditions and the severed part will not affect the validity and enforceability of any remaining provisions.