Special Terms and Conditions
Last updated: October 20th, 2016
The following terms and conditions form part of the Terms of Service, but apply only to particular Services.
PLEASE READ THE BELOW SECTIONS, AS THEY APPLY TO YOU, CAREFULLY.
In the event of an inconsistency between these Special Terms and Conditions and the main terms of the Terms of Service, these Special Terms and Conditions shall prevail.
TEMPLATE TENANCY AGREEMENT
If you are a Landlord or a Tenant who uses a template tenancy agreement made available to you by us via the Platform, you hereby agree to the following terms and conditions relating to your use of the template tenancy agreement, as they apply to you:
- The contents of the template tenancy agreement do not constitute advice on which you should rely. It is provided for general information purposes only.
- The template tenancy agreement should only be used by a Landlord if the proposed tenancy meets the criteria of an assured shorthold tenancy agreement.
- We make no representation, warranty or guarantee express or implied, that the template tenancy agreement will meet your requirements or that it is compliant with the relevant legislation. Each party must not rely on the template tenancy agreement as an alternative to legal advice from a professional adviser.
- No responsibility is assumed by us for the information contained in the template tenancy agreement or for any losses which may have come about as a result of relying on such information. In addition, all liability is disclaimed in respect of such information to the fullest extent allowed by law.
- By using this template tenancy agreement, you agree that we and our employees and directors are not liable for any direct or indirect loss or damages incurred as a result of its use.
- This form of tenancy agreement is a legal document. Before signing it you should ensure the contents are acceptable to you. It is strongly recommended that you take legal advice on the contents of this document before entering into a tenancy agreement.
- You must check all current legal obligations of a landlord or a tenant (as applicable) under an assured shorthold tenancy agreement.
- This template tenancy agreement was produced in May 2016 and legal requirements may have changed since this date.
You agree not to use, reproduce, display or modify the template tenancy agreement for purposes other than drafting the tenancy agreement for use with the property and term of tenancy in respect of which the service was requested.
We make no representation or warranty relating to the legal requirements for entry, amendment, enforcement and termination of this template tenancy agreement, and we shall not be responsible for your failure to comply with the same. For your general information only, we refer you to the ‘Housing and Local Services’ section of the GOV.UK website (find link here). You should get professional or specialist advice before doing anything on the basis of this content.
All other Services which are available via the Platform for purchase (being those set out in a table below) are provided on our behalf by third party service providers.
It is important you understand that your contract for the below Services is with us, and that we sub-contract the provision of these Services to third parties. This means that we, not you, have a contract with the third party service provider for the provision of the below Services by them to you, on our behalf.
As such, you agree:
- to comply with all of our obligations in the relevant contract, you agree to provide us with all information, documents, access, co-operation and assistance that is required of us under such contract;
- that any terms and conditions relating to the provision of the Services will apply to the provision of the Services to you, including any timelines, prerequisite information and limitations; and
- to the extent permitted by law, our liability to you shall be limited to the same extent as the liability of the third party service provider.
In turn, we agree to ensure that the relevant service provider provides you with a Service you have purchased, however, we reserve the right to occasionally change/use a different service provider as to the service providers outlined below:
|1||Advertising on third party platforms||Zoopla and PrimeLocation (Available to Landlord Only)|
|2||Professional Photographs||Evolve (Available to Landlord Only)|
|3||Floorplans||Evolve (Available to Landlord Only)|
|4||Energy Performance Certificate ("EPC")||Evolve (Available to Landlord Only)|
|5||Landlords Certificates||Gas Safety (Available to Landlord Only)|
|6||Referencing||Paragon Scheme Management Services Limited (Available to either Landlord and Tenant)|
|7||Referencing||The Landlord Hub (Available to either Landlord and Tenant)|
|8||Bond Deposit||Deposit Protection Scheme (Available to Landlord Only)|
|9||Inventory Services||Vibrant Energy Matters Limited (Available to Landlord Only)|
|10||Legionella Risk Assessment||Vibrant Energy Matters Limited (Available to Landlord Only)|
|11||Professional Cleaning||Twinkle Clean (Available to Landlord and Tenant)|
|12||Document Check||Onfido Limited (Available to Landlord Only)|
|13||Payment System/Provider||Stripe (Available to either Landlord and Tenant)|
|14||Electronic Signature||Docusign (Available to either Landlord and Tenant)|
|15||Assisted Viewings||Accesss2View (Available to Landlord Only)|
If you believe a third party service provider has failed to provide the Services, please contact us immediately at email@example.com
Payment processing services for landlords and tenants on Propoly are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to operate as a landlord or tenant on Propoly, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Propoly enabling payment processing services through Stripe, you agree to provide Propoly accurate and complete information about you and your business, and you authorise Propoly to share it and transaction information related to your use of the payment processing services provided by Stripe.