Terms & Conditions

Terms And Conditions

B2C EASYPROPERTY SERVICE TERMS

  1. ABOUT US
    1. These B2C Service Terms apply as soon as you register and set up an account with us to use the easyProperty Platform (“Account”) and set out:
    2. Our services are provided for private landlords and vendors, property developers, property managers, property consultants and prospective tenants and purchasers. We do not advertise properties on behalf of estate agents.
    3. eProp operates a proprietary, web-based platform via our website easyproperty.com which provides you with an opportunity to purchase property-related goods and services (“easyProperty Platform”).
    4. Our registered office address is at Moorfoot House, Meridian Gate, 221 Marsh Wall, London E14 9FH, UK. Our VAT number is 154742309.
    5. References to “eProp”, “us”, “our” or “we” are references to E-Prop Limited, a limited company registered in England and Wales under company number 08328850, along with other members of our group, which means any of our subsidiaries, any of our holding companies, and any subsidiaries of our holding companies, as defined in section 1159 of the UK Companies Act 2006 (“Group Companies”).
      • (a) the terms on which eProp will allow you to access and use the easyProperty Platform;
      • (b) eProp’s liability and role in respect of any products or services ordered via the easyProperty Platform from its third party service providers (“Third Party Services”);
      • (c) eProp’s liability and obligations in respect of any free of charge services that it may provide to you directly via the easyProperty Platform (“Free of Charge Services”); and
      • (d) eProp’s liability and obligations in respect of any services that you may order via the easyProperty Platform, where these services are to be provided directly by eProp (“Paid-For Services”) and are not Free of Charge Services or Third Party Services.
      • We aim to make it clear on our website when you are ordering a Paid-For Service, a Third Party Service or a Free of Charge Service. Depending on which service you choose, the additional terms set out in the Schedules to these B2C Service Terms shall apply. Certain provisions within these B2C Service Terms apply only to Third Party Services, Free of Charge Services or Paid-For Services, and these provisions will be clearly marked.
    6. In these B2C Service Terms, “B2C” means “Business to Consumer”. You promise that you are dealing as a consumer in relation to your use of the easyProperty Platform and any transaction entered into pursuant to these B2C Service Terms. Dealing as a consumer means that you are acting for purposes which are outside your business or profession. If it is the case that you are not dealing as a consumer, then you acknowledge and agree that our Business to Business (“B2B”) Service Terms (available here easyproperty.com/terms-conditions#b2b) shall apply to your use of the easyProperty Platform and any transaction entered into via the easyProperty Platform, and that these B2C Service Terms shall not apply.
    7. These B2C Service Terms are additional to, and supplement, our Website Terms which can be found here easyproperty.com/terms-conditions#website and which apply whenever you use or browse our website.
    8. The easyProperty Platform, together with our website easyproperty.com, shall be referred to collectively as our “Site”.
    9. Any reference to a “working day” in these B2C Service Terms shall mean between 9 am to 6 pm on a day, other than a Saturday or Sunday, on which banks are open for business in the United Kingdom, save where (i) different working days are stated on the Site; or (ii) a relevant third party service provider has notified you that they operate a different working day, in which case those working days shall apply in that particular context.
    10. If you do not accept these B2C Service Terms, or any part thereof, please do not order the relevant service via the easyProperty Platform and immediately stop all use of our Site.
  2. “THIRD PARTY” SERVICES INTRODUCED BY E-PROP
    1. Where eProp helps facilitate transactions that are carried out on the easyProperty Platform between you and Third Party Service providers, eProp is neither the buyer nor the seller of the service provider’s goods or services, nor your agent in helping facilitate such transactions. eProp provides a venue for service providers and buyers to negotiate and complete transactions and may take a commission from the Third Party Service provider when you purchase goods and services from the Third Party Service provider. The contract formed at the completion of a sale for these Third Party Services is solely between you and the Third Party Service provider, and the terms upon which the service provider agrees to make the goods and/or services available to you will be notified to you via the easyProperty Platform before you decide to make your purchase. Those are the Third Party Service provider’s terms, and eProp is not a party to that contract nor does it assume any responsibility arising out of or in connection with it, nor is it the Third Party Service provider’s agent. In these cases, the Third Party Service provider is responsible for the sale of the products and/or services and for dealing with your claims or complaints or any other issue arising out of or in connection with the contract between you and the Third Party Service provider.
    2. As eProp wants you to have a safer buying experience, eProp will do its best to assist you with any complaint which you cannot resolve with the Third Party Service provider directly, but this does not create (and should not be implied as creating) any assumption of liability on behalf of eProp for any failure or delay in providing such service to you.
  3. “FREE OF CHARGE” SERVICES PROVIDED BY E-PROP
    1. eProp may provide you with products or services free of charge when (or after) you sign up and register to use the easyProperty Platform. These “free of charge” services may include the opportunity to advertise and market your property via the Site, or to create a profile that will be published on the Site to market yourself as a potential landlord, tenant, buyer or seller. Our sole obligation to you in providing such “free of charge” services is set out in section 4
    2. Any information or other User Generated Content (as defined in our Website Terms) you create or upload or publish via our Site is subject to our Website Terms, which can be found here easyProperty.com/terms-conditions
    3. You grant to us a non-exclusive perpetual worldwide royalty-free licence to use your User Generated Content (either on its own or in combination with other data owned by or licenced to eProp) in the provision of our services, our marketing activities and in the development, provision and promotion of our products and services.
    4. You grant us the right to sub-license all or any part of your User Generated Content to third parties for use or publication by them or to enable them to provide a service to us or you.
  4. OUR LIABILITY TO YOU
    1. You acknowledge and accept that your access to, and use of our Site (including the easyProperty Platform), and the Free of Charge Services, are provided free of charge by eProp and are therefore undertaken at your own risk, and subject to the exclusions and liability limits contained in this section 4.
    2. eProp shall use reasonable skill and care in the performance of Paid-For Services, and shall endeavour to use reasonable skill and care in the provision of access to the easyProperty Platform and provision of the Free of Charge Services. However:
      • (a) We cannot guarantee the accuracy, completeness or suitability of any of the Site or any information or other materials contained within or referred to on the Site (“Site Materials”). You acknowledge and agree that we are reliant on landlords, vendors and other third party advertisers for the contents of their advertising, and that we are unable to independently verify the accuracy of that advertising. We do not accept any liability for any reliance placed on the Site Materials, including any property advert, by any visitor to the Site. It is the responsibility of prospective tenants and purchasers to satisfy themselves of the accuracy of any property descriptions on our Site. You use the Site and the Site Materials at your own risk.
      • (b) We cannot guarantee that the Site or the Site Materials will be available to you on an uninterrupted basis, or will be free from technical problems. This is the case even if we provide you with a helpline to report technical problems to us from time to time via the Site. We shall not be liable for any failure by you to access the Site or the Site Materials as a result of a failure of your equipment or events affecting access to the Internet generally (which prevent or delay your access to the Site or the Site Materials).
      • (c) In respect of Free of Charge Services, we shall not be held responsible for any loss or damage caused or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in the Site or in the Site Materials or via email alerts or otherwise.
      • (d) We make no representation that the Site or the Site Materials are appropriate or available for use in locations outside the United Kingdom, and accessing the Site (including the easyProperty Platform) from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site (including the easyProperty Platform) from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
      • (e) Goods and services you may purchase via the easyProperty Platform are (in most cases) sourced or made available by third party suppliers, and not eProp, and eProp does not make any representation or give any warranty in relation to any such Third Party Services.
      • (f) Your access to our Site may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services, or as a result of your actions, as set out in these B2C Service Terms and in our Website Terms which can be found here easyproperty.com/terms-conditions#website
      • (g) eProp gives no guarantee that any goods or services you may purchase via the easyProperty Platform will have any particular result or outcome, for example, that the use of a referencing service will give a positive report, or that the placing of advertising will lead to any responses;
      • (h) We have no control over, do not guarantee and shall not be responsible for:
        • (i) the conduct of viewings, management, letting or sales of a property;
        • (ii) the quality, safety or legality of properties listed on our Site;
        • (iii) the accuracy or completeness of any property listings on our Site; or
        • (iv) the suitability or ability to pay of any prospective tenants or purchasers responding to advertising on our Site or whether any prospective tenant or purchaser will complete a relevant transaction;
      • (i) We shall have no liability for any acts or omissions of any person during any viewings of your property, and we recommend that you have appropriate insurance in place in relation to viewings;
      • (j) We are not responsible for the obtaining of any energy performance certificates (“EPC”) for your property, which you are required to have in place and make available to any prospective tenants or purchasers of your property.
    3. Subject to condition 4.6, and in addition to condition 4.4 we and our third party service providers do not accept any responsibility for the following types of losses which may arise from your receipt of any Paid For Services from us:
      • (a) loss of income or revenue;
      • (b) loss of business;
      • (c) loss of profits or contracts;
      • (d) loss of anticipated savings or anticipated profits;
      • (e) loss of goodwill;
      • (f) wasted management or office time; or
      • (g) any indirect, special or consequential loss or damage.
    4. Subject to conditions 4.5 and 4.6, eProp’s total liability to you arising under or in connection with the provision of Paid-For Services for each event, or series of events, giving rise to a claim (whether in contract, tort (including, without limitation, negligence), statute or otherwise and including any loss or corruption of data) shall not exceed 100% of the one-off fee paid or payable by you for the relevant product or service, or, where such Paid For Service is provided to you as part of a subscription, or recurring fee, 100% of the total fees paid or payable by you for the relevant product or service, during the 12 month period immediately preceding the month in which your claim arose.
    5. Subject to conditions 4.4 and 4.6, eProp’s total liability to you arising under or in connection with the provision of Free of Charge Services, Third Party Services, access to the easyProperty Platform and/or the Website Terms in any calendar year, whether in contract, tort (including, without limitation, negligence), statute or otherwise (and including any loss or corruption of data) shall not exceed £250 (two hundred and fifty pounds).
    6. Nothing in these B2C Service Terms shall affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law, for example under the Sales of Goods Act 1979.
  5. DATA PROTECTION
    1. Your privacy is very important to us. We have designed our Privacy Policy to make important disclosures about how you can use our Site (including the easyProperty Platform) to share information with others and how we will collect and use your information. You should read the Privacy Policy which can be found here easyproperty.com/terms-conditions#privacy
    2. before you complete your registration to use the easyProperty Platform, and use it to make informed decisions. The Privacy Policy shall apply equally to any Free of Charge Services or Paid-For Services you order from us. In addition, depending on what service you select from us, the additional terms set out in the Schedules to these B2C Service Terms or any Third Party Service terms may specify further uses which will be made of your data. We shall only use your personal data in accordance with our Privacy Policy, and with any additional terms that are set out in such Schedules.
    3. Where we have permission to provide contact information of third parties to you e.g. potential buyers or tenants, vendor or landlord contact details, you must treat their information as private and confidential, and you must not:
      • (a) disclose or pass those details to anyone else without their explicit consent; or
      • (b) use their information for any purpose other than to contact the relevant third party in relation to their particular sale or letting.
  6. ADVERTISER OBLIGATIONS
    1. If you advertise property for sale or let via our services you promise that you:
      • (a) are not primarily operating as an estate agent, broker or intermediary charging marketing fees to sellers or landlords or any kind of fees to tenants or buyers;
      • (b) will not misrepresent yourself or your role in your dealings with us;
      • (c) have all relevant rights and permissions to market the property you are promoting;
      • (d) are the legal owner and have all rights, titles and permissions to act as a landlord or vendor for the property you are marketing or have been granted all rights, titles and permissions to act on behalf of the legal owner in those capacities , and you will provide us with satisfactory evidence of the same on request;
      • (e) will adhere to all applicable legislation and regulations with regard to marketing, selling and letting property, including but not limited to any advertising regulations;
      • (f) will provide truthful and timely information regarding your property listings to us (including but not limited to its availability), will take the opportunity to check and verify such information on the easyProperty Platform, and agree not to withhold or hide anything material that in our opinion a reasonable buyer or tenant would wish to know, or otherwise mislead any potential buyer or tenant;
      • (g) will act in accordance with best industry practice in dealing with tenants and buyers;
      • (h) will respond to enquiries in a timely manner;
      • (i) will act at all times in a manner which does not in our opinion bring us into disrepute our compromise the easyProperty Platform; and
      • (j) have in place a valid EPC for the property and will make such EPC available to prospective tenants and purchasers and in your advert on the easyProperty Platform on request, provided that if you choose not to use eProp’s Third Party Service for the preparation of an EPC, you confirm that you will obtain a valid EPC from another supplier and you will supply such EPC to eProp within 28 days of your property being marketed on the easyProperty Platform. eProp will remove your advert if you do not comply with this condition; and
      • (k) have the right to permit eProp to republish the EPC you provide in relation to your property.
    2. In listing a property with easyProperty, you confirm that you are not an estate agent. You may be asked to supply proof of ownership when you list a property with us, which may include a mortgage statement, insurance document, Land Registry document and/or a signed letter from a solicitor confirming ownership. If you are marketing the property on behalf of the owner, we may require proof of your authority to do that. We reserve the right to delay the listing of, or delist, a property pending receipt of any such proof.
    3. To amend or update any information about your property or your personal details on the easyProperty Platform or to remove an advert, you should log into your Account or email your request to customerservice@easyproperty.com. Amendments or removals will be made within 2 working days of receipt of an email request. Should you wish to reinstate an advert that you have requested to be removed, further charges may apply in relation to the commencement of a new term of service.
    4. eProp shall have the right to remove any property listed on the easyProperty Platform if:
      • (a) we reasonably believe that the property is no longer available for rent or sale; or
      • (b) another user of the easyProperty Platform reports that the advert contains inaccurate or misleading information relating to the property or any other details,
      • provided that, in each case, we will attempt to contact you for confirmation that the property remains available or of the inaccurate information. If you are unable to provide such confirmation or we are unable to contact you, we will remove the advert and no refund will be provided.
  7. PURCHASING PRODUCTS AND SERVICES THROUGH THE EASYPROPERTY PLATFORM
    1. Save for Free of Charge Services and Paid-For Services (where a contract is made between you and us), contracts for the supply of goods or services facilitated via the easyProperty Platform are made directly between you and the relevant Third Party Service provider as notified to you via the easyProperty Platform, and such contracts incorporate the third party terms and conditions that will be notified to you at or before the point of purchase.
    2. Each order for services (whether Free of Charge Services, Paid-For Services or Third Party Services) you make via the easyProperty Platform (each an “Order”) shall constitute an offer by you to purchase those goods or services. Each Order for Free of Charge Services or Paid-For Services shall only be deemed to be accepted by eProp (and a contract formed between you and us) once we issue a written acceptance of each Order, which may take the form of a confirmatory email to be sent to the email address you provide to us. Unless expressly stated otherwise in the relevant service provider’s terms and conditions, each Order for services provided by a Third Party Service provider shall only be deemed to be accepted by the relevant Third Party Service provider (and a contract formed between you and that service provider) once it issues a written acceptance of each Order, which may take the form of a confirmatory email to be sent to the email address you provide to us. If you do not receive any such email(s), please let us know by contacting us at the following address customerservice@easyproperty.com.
    3. When you place an Order, eProp shall collect the fee payable by you (where applicable) in respect of such Order, as notified to you in advance via the easyProperty Platform. Where your Order is for services provided by a Third Party Service provider, eProp shall pass this on to the relevant service provider on your behalf. We are the payment agent of the service provider in that respect. Such fees may be one-time fees or recurring. If you make a purchase via the eProp Platform, you authorize eProp or any third party that processes payments for eProp to use the payment method you entered when you create your account with us, or, if different, the payment details you provide at the point of purchase. eProp will charge you at the point of purchase, or (for subscriptions) on a recurring basis.
    4. If eProp informs you that a service will be provided indefinitely or automatically on a subscription or recurring basis, you agree that eProp may automatically renew it and charge you for any renewal term. You also agree that eProp may retain your credit card or other payment information for recurring charges and for future purchases. If your Account is closed or suspended for any reason eProp may charge you for any fees, costs, surcharges, or debts (if any) pending on your Account and may prohibit you from reinstating your Account or opening a new Account until they have been paid.
    5. For Paid-For Services offered on a periodic basis (e.g., monthly), eProp will notify you of price changes at least 30 days in advance. If you do not agree to a price change for a Paid-For Service, you must cancel that Paid-For Service and stop using it. Your continued use of the Paid-For Service after the effective date of the price change will constitute your acceptance of the change. If you cancel, other than as a result of our breach of these B2C Service Terms, or under your “cooling off period” set out under condition 9 of these B2C Service Terms, your Paid-For Service terminates at the end of your current service period.
    6. Unfortunately, the goods or services we or our Third Party Service providers provide as part of the services may be subject to geographical restrictions from time to time, and if they are we will endeavour to notify you of any restrictions that apply on our website.
    7. While eProp will work to ensure that any product or services information displayed via the easyProperty Platform is correct, actual product packaging and materials, or service descriptions, may contain more and different information to that displayed on our Site. All information about goods or services displayed within the Site are provided for information purposes only, are produced for the sole purpose of giving an approximate idea of the goods or services described in them, and are not intended to amount to a representation by eProp as to the quality or suitability of the product or service or its fitness for any particular purpose.
    8. Unless expressly indicated otherwise, eProp is not the manufacturer of any products, or the originator of any services, supplied by Third Party Service providers and sold via the easyProperty Platform. Product information on our Site relating to such Third Party Service does not form part of any contract between us, and such products and services are provided to you solely on the basis of those third party terms which will be presented to you at or before the time of purchase.
    9. It is your responsibility to ensure you read, understand and accept such these B2C Service Terms and Conditions and any applicable Third Party Service terms before you proceed with your purchase.
    10. All other warranties in relation to any goods or services provided via the easyProperty Platform are excluded as far as is permitted under applicable law.
    11. We recommend that you do not rely solely on the information presented on our Site. Please always read labels, service descriptions, warnings and directions and instructions provided as part of any Paid-For Service before use.
    12. We will try to keep our Site as up-to-date as possible, but all goods and services advertised on the Site are subject to availability and may be withdrawn by eProp or their third party service providers at any time. We will let you know if you make an offer to purchase any good or service from the Site that is no longer available for purchase.
  8. BUNDLED SERVICES AND ADD-ON SERVICES
    1. Where you order a package of bundled services, you acknowledge that the services within the package will include Free of Charge Services, Paid-For Services, and Third Party Services.
    2. You acknowledge and agree that you are required to pay the full price for a package of bundled services even if you do not use all of the services included.
    3. You may order additional individual services to add on to a package of bundled services. These additional add on services may be Free of Charge Services , Paid-For Services, and Third Party Services.
    4. Services within a package of bundled services and any additional add on services will be provided for the period of time indicated on the easyProperty Platform, where applicable.
    5. We reserve the right to require additional payment as a condition of accepting any order for any product bundle or add-on service relating to any property in excess of 250 square metres, or to decline any such order.
  9. CANCELLING YOUR ORDER
    1. Contracts for Third Party Services facilitated via the easyProperty Platform are made directly between you and the relevant Third Party Service provider as notified to you via the easyProperty Platform, and such contracts incorporate the third party terms and conditions that will be notified to you at or before the point of purchase.
    2. If you believe that any products or services supplied by Third Party Service providers that you have purchased via the easyProperty Platform are faulty, defective or do not conform with their description you may be entitled to a refund from the relevant service provider. Please refer to the returns policy of that particular service provider, and contact that service provider direct, if you feel you are entitled to a refund. We may assist you in resolving any complaint with a Third Party Service provider, but this does not create (should not be taken as creating) an assumption of responsibility on our behalf for any failure or delay in providing such product or service to you.
    3. By law you may have the right to a “cooling off period” during which you will have the right to withdraw from the purchase of any service for any reason within 14 calendar days from the point your contract is concluded with us or a Third Party Service provider (as applicable). Please refer to the returns policy of the relevant Third Party Service provider for more information about your right to cancel their product or service. To exercise the right to cancel, you must inform us or the Third Party Service provider (as applicable) of your decision to cancel this contract by a clear statement (e.g. letter sent by post or e-mail). The email address for contact in relation to cancellation of Paid-For Services is customerservice@easyproperty.com and our postal address for cancellations is customerservice@easyproperty.com
    4. To meet the cancellation deadline for Paid-For Services, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the “cooling off period” set out in condition 9.1 above has expired.
    5. If you cancel an order for Paid-For Services in accordance with condition 9.3 above, you will be entitled to reimbursement of all payments made by you in respect of the order, including any costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery that may have been offered to you) and conditions 9.6 to 9.10 below shall apply.
    6. We shall be entitled to deduct from any reimbursement to you any loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. You will only be liable for any diminished value of any goods, where this results from such handling (and where this amounts to handling which is more than is necessary to establish the nature, characteristics and functioning of the goods in question).
    7. For Paid-For Services, any reimbursement will be made to you without undue delay, and not later than:
      • 14 days after the day we receive back from you any goods supplied (where this is relevant), or
      • (if earlier) 14 days after the day you provide evidence that you have returned such goods to us, or
      • if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the order.
    8. You will have to bear the direct cost of returning any goods supplied to you (where this is relevant).
    9. For Paid-For Services, any reimbursement will be made to you using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. Reimbursement may be withheld until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
    10. If you have requested to begin the performance of Paid-For Services during the “cooling off period”, you will be required to pay an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this order, in comparison with the full coverage of the order. Unless you tell us otherwise, your purchase of Paid-For Services from us will be taken as a request by you to begin the performance of such services immediately when they are ready (and within the “cooling off” period).
    11. Details of this statutory right, and an explanation of how to exercise it, will be provided again in the email you will receive from us acknowledging your order for Paid-For Services. For more information on your right to withdraw from your purchase, visit the Department of Business Innovation and Skills’ website or your local Citizens’ Advice Bureau or Trading Standards office.
    12. Without prejudice to your cancellation rights set out in these B2C Terms, where goods or services ordered via the easyProperty Platform require access to you or a property, you are responsible for making yourself available, and/or enabling access to the relevant property, at the relevant time agreed between you and eProp, or the relevant third party service provider. You must give eProp a minimum of 24 hours’ notice if you want to cancel or reschedule an agreed appointment. If you fail to do so, you may forfeit your right to receive the relevant goods or services, or you may incur a re-scheduling fee, at eProp’s discretion, up to the full value of the fee payable for the relevant good or service. Where a Third Party Service is ordered, you should consult the terms and conditions of the relevant Third Party Service provider, as different charges may apply.
    13. If you believe that any products or services provided to you as part of a Paid-For Service purchased via the easyProperty Platform are faulty, defective or do not conform with their description you may be entitled to a refund. Please refer to our returns policy located here [INSERT LINK]if you feel you are entitled to a refund.
    14. We make no representations as to any income, use, excise or other tax liability that you may incur as a result of you using, or ordering products or services via the easyProperty Platform. You are solely responsible for reviewing and accounting for any such tax liability.
  10. BREACH AND FAIR USE POLICY
    1. In order to protect users of our services and platform, we reserve the right to remove or edit without notice any listings we deem to be in breach of these terms, and, in that event, we may deduct the cost of any goods or services provided, along with any of our costs and expenses arising from your breach, from any full or partial refund which might otherwise be due to you in respect of any goods or services for which you have already paid at the date of removal.
    2. Although we don’t expect our fair usage limits to be breached by genuine landlords or sellers, we reserve the right to remove any listings at our absolute sole discretion or make such additional charges as we deem appropriate.
  11. PASSWORDS AND AUTHORISED ACCESS
    1. Your access to the easyProperty Platform is subject to our authorisation.
    2. When you register to use the easyProperty Platform, you must provide us with current, complete and accurate information about yourself. It is up to you to keep this information up to date. If any of your details change, please update your user account. You must only access the easyProperty Platform using the ID that has been allocated to you. You must keep your ID secret and not share it with anyone else, or let anyone else use your ID, or access the easyProperty Platform on your behalf, without our prior approval. If you suspect that your ID may have been used by someone else without your consent, please let us know straight away by sending us a message through your user account.
    3. We may immediately suspend your access to our Site (including the easyProperty Platform) if we become aware of any legal regulation, claim, or restriction which requires us to do so or which may expose us to a liability or claim if we do not do so. In this situation, we shall endeavour to contact you in writing of such suspension as soon as possible.
    4. We may immediately suspend or terminate your access to the Site (including the easyProperty Platform and any goods or services) if we believe that (a) your ID is being used by somebody else, or there has been a breach of your security or information or (b) you may be in breach, or in danger of breaching, any Agreement with us. In such situation, we shall endeavour to give you written notice of this which shall give reasonable details of the suspected breach, including evidence of the grounds for our suspicion. Where we can, we will provide to you any further information reasonably requested to explain the basis of our conclusions. In the event that we suspend or terminate your access to the Site, the easyProperty Platform or any goods or services due to your breach of any Agreement with us, we may deduct the cost of any goods or services provided, along with any of our costs and expenses arising from your breach, from any full or partial refund which might otherwise be due to you in respect of any goods or service for which you have already paid at the date of suspension or termination.
    5. Our rights of suspension or termination set out in this condition 11 are in addition to all other legal or equitable remedies available to us, including those set out in our Website Terms which can be found here easyProperty.com/terms-conditions, which rights are fully and expressly reserved by us.
    6. In the event we suspend or terminate your access, we will resume your access as soon as is reasonably practicable if the matters that gave rise to the suspension are rectified or it transpires that the suspicion was ill-founded.
  12. PROHIBITED USES
    1. You may only use our Site (including the easyProperty Platform) for lawful purposes and in accordance with our Website Terms, which can be found here easyProperty.com/terms-conditions.
  13. VARIATIONS
    1. We may revise these B2C Service Terms by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these B2C Service Terms may also be superseded by provisions or notices published elsewhere on our Site.
    2. In the event of any discrepancy or inconsistency between these B2C Service Terms and the Website Terms, the B2C Service Terms shall take precedence.
  14. GOVERNING LAWS AND JURISDICTION
    1. These B2C Service Terms (including their interpretation and any disputes arising out of, or in connection, with them) shall be construed in accordance with and governed by English Law and shall be subject to the exclusive jurisdiction of the English Courts.
These B2C Service Terms were last updated on ******* Schedule 1 Zoopla Property Group Advertising Services Additional Terms
  1. These Additional Terms shall apply in the event that you purchase (whether or not as part of a package of bundled services) the display of a single property advertisement via the Zoopla Property Group websites (ZPG) which include www.zoopla.co.uk, www.primelocation.com and other sites (“Zoopla Advertising Services“), which is a Paid For Service re-sold by eProp but provided by ZPG Property Group Limited, a company incorporated in England and Wales with company number 6074771 where registered office is at Harlequin Building, 65 Southwark Street, London SE1 0HR (“ZPG“).
  2. Unless otherwise stated by us, your advertisement will be displayed on the ZPG websites, depending on the service you choose at the point of purchase, for either: (i) a fixed period of three months, or (ii) a fixed period of 7 days, or (iii) in the case you choose a subscription/renewal service (which will automatically renew for a further period every 7 days) until eProp is informed that the property has been let or sold or you cancel your subscription. Where you choose a package of bundled services that includes one week’s free Zoopla Advertising Services, your subscription to the Zoopla Advertising Services will automatically renew for a further 7-day period every 7 days following the end of the first 7-day period and you shall pay the fees applicable to each 7-day period following the end of the first 7-day period, until you cancel your subscription.
  3. The Zoopla Advertising Services are not available for serviced offices.
  4. ZPG agrees to publish advertisement on certain terms and conditions, including its member terms and conditions and product specific terms and conditions. From time to time, ZPG may amend these terms and conditions at any time without prior notice, and eProp reserves the right (in its absolute discretion, but acting reasonably) to make such changes to these Paid For Service Terms as are necessary, so in its absolute discretion, acting reasonably, to reflect such changes mandated by ZPG. Any changes will be posted on the Site and become effective at the time of posting.
  5. You warrant and represent that:
    • (a) content you provide to be uploaded to ZPG (“ZPG Content“) will comply with all applicable laws, regulations and codes of practice in the United Kingdom and will not be defamatory or infringe any copyright, trade mark or other intellectual property rights or rights of any third party whatsoever, and shall not otherwise constitute a “prohibited use” as set out in our Website Terms which can be found here easyproperty.com/terms-conditions#website;
    • (b) you are responsible for the integrity of the ZPG Content which is in all respects true, complete and accurate to the best of the your knowledge and belief and you shall promptly update or correct ZPG Content on becoming aware of any errors or inaccuracies and shall provide such assistance as eProp shall reasonably require to identify and remedy any unauthorised use of ZPG Content;
    • (c) within no more than 2 working days of (i) a property going “under offer”, (ii) a sale or leasing contract being entered into in respect of a property, or (ii) the property being taken off the market you will inform eProp;
    • (d) you have the authority to market the properties in the ZPG Content;
    • (e) you hold all necessary authorities, consents and licences necessary to use, display, reproduce and publish the ZPG Content and have authority to and grant eProp a licence of the ZPG Content on the terms set out in paragraph 6;
    • (f) you shall not use ZPG’s name, the name of any ZPG group company or any logos, trade or services marks of ZPG or its group in a defamatory or derogatory manner or in any way that might bring ZPG, its group or its directors or employees into disrepute.
  6. You grant to eProp a non-exclusive, royalty free, sub-licensable, perpetual licence to copy, reproduce, display, sell, publish, adapt and otherwise use the ZPG Content or data or other information derived therefrom for any purpose whatsoever (including entering into agreements with third parties for the provision of the ZPG Content or data derived therefrom). This licence shall survive termination of these B2C Service Terms. You agree that eProp and any sub-licensee and may, but shall not be required to, identify you as the source of the ZPG Content in any other medium through which the ZPG Content or any derivative thereof is published or displayed.
  7. You acknowledge and accept that ZPG may:
    • (a) in its absolute discretion, at any time and without notice to you or eProp, remove, cause to be removed or decline to display any ZPG Content on its website(s); and
    • (b) without prejudice to ZPG’s right as set out in (a) above, require the ZPG Content to be amended at any time if ZPG considers or has reason to believe that you are in breach of contract or where it deems in its absolute discretion the ZPG Content to be of poor quality in terms of presentation, information provided or otherwise;
    • and in the event ZPG does so, eProp shall work with you in good faith to correct and remedy any objection that ZPG may have in relation to such ZPG Content so that it may be accepted by ZPG, provided that eProp cannot accept any liability for any ZPG Content which is not accepted and published by ZPG as a result of your negligent act or omission, or breach of these B2C Service Terms or any other ZPG requirements that have been notified to you in advance.
  8. You acknowledge and accept that:
    • (a) neither eProp, ZPG, nor ZPG’s group companies shall be under any obligation to monitor or censor the ZPG Content that appears on ZPG’s website(s) but eProp and/or ZPG reserves the right for itself (and its group) to do so;
    • (b) neither eProp, ZPG nor any of ZPG’s group companies is responsible for any error or omissions in any ZPG Content, except for errors introduced by eProp;
    • (c) technological failure may impede the provision of the ZPG Advertising Services or prevent access to all or any part of the ZPG Content displayed on ZPG’s website(s) ZPG and/or eProp makes no representation or warranty that such website(s), or that the ZPG Content will be accessible or available at all times, or that the whole or any part of its website(s) or the ZPG Advertising Services, or the ZPG Content will be free from error and while eProp will make reasonable endeavours to notify you in advance, ZPG may suspend temporarily or alter the operation of its website(s) or the ZPG Advertising Services without notice to eProp;
    • (d) transmission of data over the internet can be subject to delays and errors and can cause corruption of data for which neither eProp, ZPG nor any of ZPG’s group companies shall be responsible;
    • (e) ZPG may limit the number of photographs that may be displayed by you to 20 images per property;
    • (f) all intellectual property rights in the ZPG Advertising Services, technology supporting the ZPG Advertising Services and the ZPG’s website(s) vest in ZPG and/or its licensors/sub-contractors and you have no rights in, or to, such intellectual property other than the right to use the same in accordance with this contract between you and eProp.
  9. You shall not publish, disclose, reproduce or create any derivative works from any information obtained pursuant to your use of the ZPG Advertising Services unless expressly agreed in writing by eProp.
  10. You accept full liability and shall indemnify eProp on demand against any and all claims, losses, damages, costs and expenses (including reasonable legal and other professional fees) incurred by eProp or ZPG or ZPG’s group companies in relation to any third party claim arising from the ZPG Content or misuse by you of the Zoopla Advertising Services except to the extent that the foregoing results directly from the negligence of eProp.
  11. Neither eProp, ZPG (or any of ZPG’s group companies) shall be liable for any delay or non performance of the Zoopla Advertising Services caused by an event beyond their reasonable control.
  12. You acknowledge and agree that eProp may amend these Additional Terms at any time where this is required by ZPG. eProp shall post the new version of the Additional Terms on the Site.
Schedule 2 Rightmove Advertising Services Additional Terms
  1. These Additional Terms shall apply in the event that you purchase (whether or not as part of a package of bundled services) the display of a single property advertisement on Rightmove’s website (“Rightmove Advertising Services“), which are re-sold by eProp but provided by Rightmove Group Limited, a company incorporated in England and Wales with company number 03997679 whose registered office is at Turnberry House, 30 Caldecotte Lake Drive, Caldecotte, Milton Keynes MK7 8LE (“Rightmove“).
  2. Unless otherwise stated by us, your advertisement will be displayed on the Rightmove website, depending on the service you choose at the point of purchase for either: (i) a fixed period of three months, or (ii) a fixed period of 7 days, or (iii) in the case you choose a subscription/renewal service (which will automatically renew for a further period every 7 days) until eProp is informed that the property has been let or you cancel your subscription. Where you choose a package of bundled services that includes one week’s free Rightmove Advertising Services, your subscription to the Rightmove Advertising Services will automatically renew for a further 7-day period every 7 days following the end of the first 7-day period and you shall pay the fees applicable to each 7-day period following the end of the first 7-day period, until you cancel your subscription.
  3. eProp shall have the right to make any changes to the Rightmove Advertising Services which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Rightmove Advertising Services.
  4. eProp does not warrant that any of the Rightmove Advertising Services will be provided without interruption or error-free, as Rightmove reserves the right to suspend all or part of the Rightmove Advertising Services as may be necessary to undertake routine or emergency maintenance from time to time.
  5. You shall:
    • (a)ensure that any information that you provide or upload for display on Rightmove (“Rightmove Content”) is complete, accurate and not misleading and complies with all applicable laws, regulations and codes of practice in the United Kingdom and will not be defamatory or infringe any copyright, trade mark or other intellectual property rights or rights of any third party whatsoever, and shall not otherwise constitute a “prohibited use” as set out in our Website Terms which can be found easyproperty.com/terms-conditions#website; and
    • (b) co-operate with eProp in all matters relating to the Rightmove Advertising Services; and
    • (c) observe and perform any obligations or restrictions and comply with such policies and guidelines as are required by Rightmove of which eProp shall inform you.
  6. You grant to eProp and Rightmove a non-exclusive, perpetual, sub-licensable, worldwide, royalty-free licence to use the Rightmove Content (either on its own or in combination with other data owned by us or Rightmove or licenced to us or Rightmove) as part of, or in conjunction with:
    • (a) the provision of the Rightmove Advertising Services;
    • (b) marketing activities;
    • (c) the development, provision and promotion of new products and services from time to time provided by us or Rightmove or any member of its group;
    • and you accept and acknowledge that Rightmove may transfer or sell all or any part of the Rightmove Content to third parties for use or publication by them or to enable them to provide a service to Rightmove or you.
  7. You acknowledge and agree that Rightmove may at any time refuse to upload onto its websites or may remove from its websites any or all Rightmove Content which in Rightmove’s reasonable opinion:
    • (a) is or could be inaccurate, offensive, illegal or immoral;
    • (b) does or could potentially infringe any third party intellectual property rights or contain any third party confidential information;
    • (c) does or could cause harm to others or to Rightmove (or both);
    • (d) is provided or published on Rightmove’s website against the wishes of the actual owner of the property to which the Rightmove Content relates.
  8. You warrant that the Rightmove Content:
    • (a) is within your exclusive ownership and control;
    • (b) will not (in Rightmove’s reasonable opinion) have a detrimental affect on the availability, functionality or quality of Rightmove’s website.
    • (c) is free from viruses;
    • (d) does not, when reformatted by Rightmove and published on Rightmove’s website, breach any law or regulation (including any relevant legislation and codes) and does not infringe any third party intellectual property rights.
  9. Except where any breach is caused by eProp, you shall indemnify and hold eProp harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by eProp as a result of or in connection with:
    • (a) any alleged or actual infringement, whether or not under English law, of any third party’s intellectual property right or other rights arising out of the use or supply of the Rightmove Content; or
    • (b) any breach by you of the contract or any negligent act or omission committed by you.
  10. You acknowledge and agree that eProp may amend these Additional Terms at any time where this is required by Rightmove. eProp shall post the new version of the Additional Terms on the Site.
Schedule 3 Deposit Service Additional Terms
  1. These Additional Terms shall apply in the event that you purchase the Deposit Service via the easyProperty Platform (whether or not as part of a package of bundled services). When you choose this Service, and unless we notify you otherwise in writing, your tenant deposits will be held and managed directly by the deposit protection scheme provider notified to you by eProp from time to time (“Scheme Provider”). You will be entering into a direct contract with the Scheme Provider and you must abide at all times by the rules of the scheme that shall be notified to you from time to time (“Scheme Rules”).
  2. eProp shall arrange for the deposits to be forwarded to the Scheme Provider in accordance with this Schedule 3. This is an arrangement only service and you acknowledge that eProp does not operate, administer, manage or exert any control over the management of the deposit scheme, and eProp does not accept any responsibility for doing so.
  3. You will procure that all tenants pay the relevant deposits to eProp who will arrange for the deposits to be forwarded to the Scheme Provider. Unless specifically notified to you in writing, eProp does not hold any deposit monies itself and the deposits will be held and managed by the Scheme Provider in accordance with the terms of your assured shorthold tenancy agreement, the Housing Act 2004 and the Scheme Rules. In the event of any inconsistency between the Scheme Rules and this Schedule 3, the Scheme Rules shall prevail.
  4. eProp’s administration fee to arrange your participation in the scheme is as set out on the easyProperty Platform from time to time.
  5. eProp will pay deposits to the Scheme Provider within 30 days of receiving them, unless some other time period is permitted or mandated by the Scheme Rules (“Payment Date”). Any interest earned on deposits will be retained by the Scheme Provider in accordance with the Scheme Rules, unless we or the Scheme Provider notify you otherwise. If in the future the government or the Scheme Provider decide to return interest sums, such sums will be returned in accordance with any future regulations governing such returns.
  6. Landlords, prior to ordering this service via the easyProperty Platform, must cancel any arrangements that they have made with their tenants or letting agents for the management of tenancy deposits. They must arrange for the deposit sum to be transferred to E-Prop Limited. E-Prop Limited will arrange for the transfer of such sums to the Scheme Provider within the Payment Date.
  7. The landlord and tenant both acknowledge and accept that eProp shall not be involved in any dispute resolution between them, and that the landlord and tenant will need to raise disputes and deal with them directly with the Scheme Provider. You must abide by the Scheme Provider’s dispute resolution procedure.
  8. Within ten days of termination of any tenancy (unless a different timescale is notified to you by us) (“Deadline Date”), landlords must inform us of the sum of money to be returned to the tenant and landlord out of the deposit. Once both landlord and tenant have agreed to the sum to be returned to the tenant and the sum to be retained by the landlord, E-Prop Limited will liaise with the Scheme Provider to arrange the return of those sums to landlord and tenant. Should you fail to finalise deductions with us within the Deadline Date, we reserve the right for the Scheme Provider to release some or all of the deposit to the tenant.
  9. Should landlord and tenant fail to agree to the sum to be returned to either party respectively, the landlord must inform eProp within the Deadline Date. In this case, eProp may require the landlord to create an account directly with the Scheme Provider and eProp will then arrange to transfer management of the deposit to the landlord. The landlord will then have responsibility for negotiating with the tenant the proportion of the deposit to be returned to landlord and tenant respectively using the relevant Scheme Provider’s dispute resolution service. You must abide by the Scheme Provider’s dispute resolution procedure.
  10. eProp will not accept responsibility for the failure of any item of claim over the sum of the deposit which is a result of the landlord’s failure to provide the necessary information to us within the requisite Deadline Date or the landlord’s failure to abide by the Scheme Rules.
Schedule 4 Provision of Assured Shorthold Tenancy Agreement Additional Terms
  1. These Additional Terms shall apply in the event that eProp agrees to provide and facilitate the signing of your assured shorthold tenancy agreement (“Contract”) (whether or not as part of a package of bundled services).
  2. Signing will take place via a manual or electronic process notified to you by eProp from time to time.
  3. You agree to the use of electronic signatures in all Contracts which tenants enter into with eProp or with yourself.
  4. You accept and acknowledge that Contracts which have been signed “electronically” (whether by email or website authentication) shall be treated by you as being binding and admissible in evidence at court. For these purposes, an electronic signature is data in electronic form which is attached to or logically associated with a document, instruction or other electronic data and which serves to authenticate such document, instruction or data.
  5. You agree that the purpose and function of such electronic signatures is the same as signatures made in wet ink, namely to indicate the signatory’s intention to be legally bound by the agreement on which the signature appears.
  6. You agree that you will not challenge the validity of any agreement signed by electronic signature on the basis of its being signed electronically.
  7. Once a landlord accepts a tenant’s offer, then;
    • (a) Where Contracts are to be signed electronically, copies of the Contract shall be emailed to landlords and tenants and any other relevant parties by eProp, or otherwise made available via the easyProperty Portal, and landlords shall be responsible for providing eProp with correct and up to date contact information (including email addresses of each relevant tenants). eProp accepts no liability for any delay or failure caused by landlords submitting incorrect details (including email addresses). It shall be the landlord’s responsibility to procure that each of its tenants agrees to (and does in fact) sign copies of the Contract electronically promptly following receipt of the Contract from eProp; and
    • (b) Where contracts are to be printed and executed in ink on paper, landlords must sign and return one copy of the Contract to eProp and must procure that each tenant signs and return a copy of the Contract in a prompt fashion to eProp.
  8. eProp shall take reasonable steps to securely store all signed copies of Contracts received by the landlord for the duration of the tenancy, but the landlord and each tenant should each retain a signed copy of each Contract for their own records.
  9. eProp accepts no liability for any delay or failure to proceed with a rental of property that is due to the landlord’s failure to comply with, or procure, any of its obligations under this Agreement.
Schedule 5 Board Erection Services Additional Terms
  1. These Additional Terms shall apply in the event that you purchase (whether or not as part of a package of bundled services) board erection, letting and associated services (“Board Letting Services“), which are re-sold by eProp but provided by Countrywide Signs Limited, a company incorporated under the Companies Act with registered number 03594528 and having its registered office 74 The Close, Norwich, Norfolk NR1 4DR (“Countrywide”).
  2. Where we provide you with a property advertising board to be displayed outside your property for sale or rent (“Board”) you accept and acknowledge that the Board is, and shall remain, the legal property of eProp and you shall maintain the Boards and all other property of eProp in your possession in the same condition in which it was received by you and shall take all reasonable steps to protect the Board from loss, damage and/or theft. In the event that the Board is damaged, lost or stolen due to your negligent act or omission or breach of these Paid For Service Terms, eProp reserves the right to charge you for the full replacement cost of the Board.
  3. You shall keep the Board in safe custody and shall not sell, rent, dispose of, mortgage, pledge, take security over, deface, devalue or otherwise deal in any way with the Board without our express written permission.
  4. Boards may be provided in conjunction with Zoopla Advertising Services, or Rightmove Advertising Services or other property marketing services offered by eProp, and in such cases the Boards shall be provided for the duration that you purchase such services from eProp. Where a Board is provided to you independently of such service, then the Board shall be provided to you for the duration notified to you by eProp at the time of purchase.
  5. You shall provide full co-operation and assistance to eProp and its agents and subcontractors (including Countrywide), and shall ensure that your property is adequately accessible and capable of accommodating a Board, so that the Board(s) can be installed or erected at the agreed time and place, and you will communicate to eProp reasonably in advance any access restrictions, or other issues that may prevent or delay the same.
  6. You warrant, represent and undertake to eProp that you have all necessary consents, approvals, licenses and other permissions (“Consents”) necessary to allow a Board to erected on the relevant property and you will communicate to eProp as soon as possible if any such Consents are withdrawn or no longer apply. You further warrant and represent to eProp that the erection of Boards is not prohibited at the property. You acknowledge that, normally, the erection of only one Board is permitted by law, and agree to notify eProp immediately if another Board is erected at the property.
  7. You must inform eProp within no more than 2 working days of (i) the relevant property going “under offer”, (ii) a sale or leasing contract being entered into in respect of the relevant property, or (ii) the property being taken off the market.
Schedule 6 Energy Performance Certificate Services Additional Terms
  1. This Schedule 6 shall apply in the event that you purchase (whether or not as part of a package of bundled services) an Energy Performance Certificate (“EPC“), which are re-sold by eProp but provided by Evolve Partnership Limited, a company having its registered office at North Fareham Farm, Pook Lane, Wickham, Fareham, Hampshire, PO17 6LU (“Evolve”).
  2. An agent from Evolve will contact you, the landlord (or person you appoint to act on your behalf), within 5 working days from your initial order, to arrange a suitable time for an engineer to be sent to the property and for the work to be carried out. If you, or someone you appoint, fails to meet the engineer at the property at the agreed date and time you will be charged a fee and could forfeit the EPC service.
  3. Following completion of the works you will be sent a copy of the EPC, the EPC will be added to the necessary register and eProp shall add the relevant EPC information to your listing if you have chosen to advertise it on eProp sites.
  4. You shall provide full co-operation and assistance to eProp and its agents and subcontractors (including Evolve), and shall ensure that your property is adequately accessible and safe for the necessary work to be carried out, and you will communicate to eProp reasonably in advance any access restrictions, or other issues that may prevent or delay the same.
  5. You warrant, represent and undertake to eProp that you have all necessary consents, approvals, licenses and other permissions (“Consents”) necessary to allow this work to be carried out on the relevant property and you will communicate to eProp as soon as possible if any such Consents are withdrawn or no longer apply.
  6. eProp shall not be liable for the use of any EPC, for the information contained in it or its use for any purpose other than that for which it is expressly provided. eProp shall not be liable for any damages, loss or claims (whether direct or indirect) arising out of or in connection with the use or reliance upon any EPC.
Schedule 7 Property Management Services Additional Terms
  1. These Additional Terms shall apply in the event that you use (whether or not as part of a package of bundled services) our property management services for your rented property (“Property Management Services“). These services are provided directly by eProp.
  2. The Property Management Services will be provided for the period of time stated on the easyProperty Platform at the time you place your Order, unless you choose a package of bundled services, or take up a promotional offer, that includes a period (for example, six (6) months) of free Property Management Services, in which case, eProp will contact you by phone and email before the expiry of the free period and offer you the opportunity to:
    • (a) cancel your subscription to the Property Management Services; or
    • (b) sign up to a subscription to the Property Management Services for the applicable period and at the applicable rate specified on the Site or in the promotional offer at the applicable time.
    • If you do not choose either 2(a) or 2(b) above, your subscription to the Property Management Services will automatically renew for a further period, as specified in the description of the package of bundled services, or the terms of the promotional offer. In the absence of such specified renewal terms, your Property Management Services will automatically renew for a further period of six (6) months following the end of the initial free period. You shall pay fees for applicable renewal term at the rate set out in the description of the package of bundled services or the terms of the promotional offer. In the absence of such specified renewal terms, you shall pay fees for the six month period at the applicable rate specified on the Site from time to time. You may cancel your subscription with effect from the end of any renewal period by sending an email to customerservice@easyproperty.com.
  3. eProp will contact you by phone and email before the expiry of any renewal period and offer you the opportunity to:
    • (a) cancel your subscription to the Property Management Services; or
    • (b) sign up to a subscription to the Property Management Services for a further period.
    • If you do not choose either 3(a) or 3(b) above, your subscription to the Property Management Services will automatically renew for a further period, as specified in the description of the package of bundled services, or the terms of the promotional offer. In the absence of such specified renewal terms, your Property Management Services will automatically renew for a further period of 12 months following the end of the initial six (6) month renewal period. You shall pay fees for the 12 month period of the applicable renewal term at the rate set out in the description of the package of bundled services or the terms of the promotional offer. In the absence of such specified renewal terms, you shall pay fees for the 12 month period at the applicable rate specified on the Site from time to time.
  4. eProp shall have the right to make any changes to the Property Management Services which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Property Management Services.
  5. eProp does not warrant that any of the Property Management Services will be provided without interruption or error-free.
  6. You shall:
    • (a) ensure that any information about the property, keys, or instructions you provide in relation to the Property Management Services are correct;
    • (b) co-operate with eProp in all matters relating to the Property Management Services; and
    • (c) observe and perform any obligations or restrictions and comply with such policies and guidelines as are required by eProp of which eProp shall inform you.
  7. You warrant that you are the legal owner and have all rights, titles and permissions to act as a landlord for the property for which you order Property Management Services or have been granted all rights, titles and permissions to act on behalf of the legal owner in those capacities.
  8. You warrant that where your property is a House in Multiple Occupation (“HMO”), that you have in place the appropriate HMO licence required by applicable law. You acknowledge and agree that eProp shall be under no obligation to obtain such HMO licence in relation to your property in the course of providing the Property Management Services, and you shall indemnify and hold eProp harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by eProp as a result of or in connection with any failure to obtain an applicable HMO licence.
  9. Except to the extent that any liability is caused by eProp, you shall indemnify and hold eProp harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by eProp as a result of or in connection with any instructions given by you in relation to the provision of the Property Management Services.
  10. As part of the Property Management Service, eProp may, from time to time, provide you with template forms of termination notice that may be used in relation to your property. Should eProp agree to do so, in no circumstances shall such service be deemed to include (nor shall eProp be held responsible for):
    • (a) Organising, or effecting, the legal service of such notices on any third party (be they tenants or otherwise);
    • (b) providing legal advice or assistance in relation to the suitability or such notices, or their legal effect (whether intended or actual), or;
    • (c) providing legal advice or assistance in connection with any disputes between you or any third party in connection with such notice (be they tenants or otherwise);
    • In particular, you acknowledge and accept that it is your responsibility to satisfy yourself that a notice is suitable and appropriate in the circumstances, and that the factual background set out in such notice is true, complete and accurate. eProp is not able, or qualified, to advise on when, how and if such notices should be served and you should seek independent legal advice in relation to the same.
Schedule 8 Residential Lettings Services Additional Terms
  1. These Additional Terms shall apply in the event that you use (whether or not as part of a package of bundled services) residential lettings services to advertise the availability of your residential property to prospective tenants (“Residential Lettings Services“). The services are provided directly by eProp.
  2. The Residential Lettings Services will be provided for the period of time stated on the easyProperty Platform at the time you place your Order.
  3. eProp shall have the right to make any changes to the Residential Lettings Services which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Residential Lettings Services.
  4. eProp does not warrant that any of the Residential Lettings Services will be provided without interruption or error-free.
  5. You shall:
    • (a) ensure that any information you provide about the property is correct;
    • (b) co-operate with eProp in all matters relating to the Residential Lettings Services;
    • (c) observe and perform any obligations or restrictions and comply with such policies and guidelines as are required by eProp, of which eProp shall inform you; and
    • (d) comply with all relevant legal requirements in relation to your property advertised via the Residential Lettings Service, including but not limited to:
      • (i) having in place any applicable, up to date gas or electricity safety certificates;
      • (ii) where applicable, obtaining permission from the mortgage lender to let out your property;
      • (iii) insuring your property as appropriate;
      • (iv) ensuring that all furnishings provided in your property comply with relevant fire safety regulations;
      • (v) paying all taxes applicable to your property (including tax on rental income and council tax if not payable by a current tenant);
      • (vi) as applicable, arranging standing order payments or the provision of a rent book to facilitate the tenant’s rental payments on a monthly or weekly basis;
      • (vii) transferring all utility bills into the tenant’s name;
      • (viii) protecting the tenant’s deposit in a suitable tenancy deposit scheme;
      • (ix) obtaining an energy performance certificate (“EPC”) and providing a copy for inclusion in your advertisement on the easyProperty Platform.
  6. Where you do not provide a valid copy of an EPC for your property when requested, eProp may refuse to list or remove your advertisement from the easyProperty Platform.
  7. You warrant that you are the legal owner and have all rights, titles and permissions to act as a landlord for the property for which you order Residential Lettings Services or have been granted all rights, titles and permissions to act on behalf of the legal owner in those capacities.
  8. You agree that any dispute between a landlord and a tenant who have used the Residential Lettings Service will be resolved solely by the landlord and tenant, and that eProp shall have no responsibility or liability for any disputes that arise during the term of a relevant tenancy.
  9. Except to the extent that any liability is caused by eProp, you shall indemnify and hold eProp harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by eProp as a result of or in connection with any instructions given by you in relation to the provision of the Residential Lettings Services.
Schedule 9 Commercial Lettings Services Additional Terms
  1. These Additional Terms shall apply in the event that you use (whether or not as part of a package of bundled services) commercial lettings services to advertise the availability of your commercial property to prospective tenants (“Commercial Lettings Services“). These services are provided directly by eProp.
  2. The Commercial Lettings Services will be provided for the period of time stated on the easyProperty Platform at the time you place your Order.
  3. eProp shall have the right to make any changes to the Commercial Lettings Services which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Commercial Lettings Services.
  4. eProp does not warrant that any of the Commercial Lettings Services will be provided without interruption or error-free.
  5. You shall:
    • (a) ensure that any information you provide about the property is correct;
    • (b) co-operate with eProp in all matters relating to the Commercial Lettings Services;
    • (c) observe and perform any obligations or restrictions and comply with such policies and guidelines as are required by eProp, of which eProp shall inform you; and
    • (d) comply with all relevant legal requirements in relation to your property advertised via the Commercial Lettings Service, including but not limited to:
      • (i) having in place any applicable, up to date gas or electricity safety certificates (where applicable);
      • (ii) where applicable, obtaining permission from the mortgage lender to let out your property;
      • (iii) insuring your property as appropriate;
      • (iv) ensuring that the premises comply with relevant fire safety regulations;
      • (v) paying all taxes applicable to your property (including tax on rental income and business rates if not payable by a current tenant);
      • (vi) as applicable, arranging standing order payments to facilitate the tenant’s rental payments on a monthly or quarterly basis;
      • (vii) transferring all utility bills into the tenant’s name;
      • (viii) obtaining an energy performance certificate (“EPC”) and providing a copy for inclusion in your advertisement on the easyProperty Platform; and
      • (ix) obtaining all necessary planning permission for the proposed permitted use (including any signage);
      • (x) having in place all necessary asbestos records and reports in accordance with the Control of Asbestos Regulations; and
      • (xi) ensuring that the property is compliant with the Disability Discrimination Act.
  6. Where you do not provide a valid copy of an EPC for your property when requested, eProp may refuse to list or remove your advertisement from the easyProperty Platform.
  7. You warrant that you are the legal owner and have all rights, titles and permissions to act as a landlord or assignor for the property for which you order Commercial Lettings Services or have been granted all rights, titles and permissions to act on behalf of the legal owner or assignor in those capacities.
  8. You agree that any dispute between a landlord and a tenant who have used the Commercial Lettings Service will be resolved solely by the landlord and tenant, and that eProp shall have no responsibility or liability for any disputes that arise during the term of a relevant tenancy.
  9. Except to the extent that any liability is caused by eProp, you shall indemnify and hold eProp harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by eProp as a result of or in connection with any instructions given by you in relation to the provision of the Commercial Lettings Services.
Schedule 10 Residential Sales Services and Commercial Sales Services Additional Terms
  1. These Additional Terms shall apply in the event that you use (whether or not as part of a package of bundled services) residential sales services to advertise the availability of your residential property to prospective purchasers (“Residential Sales Services“) or commercial sales services to advertise the availability of your commercial property to prospective purchasers (“Commercial Sales Services“). These services are provided directly by eProp.
  2. The Residential Sales Services or Commercial Sales Services will be provided for the period of time stated on the easyProperty Platform at the time you place your Order (“Service Period”).
  3. eProp shall have the right to make any changes to the Residential Sales Services or Commercial Sales Services which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Residential Sales Services or Commercial Sales Services.
  4. eProp does not warrant that any of the Residential Sales Services or Commercial Sales Services will be provided without interruption or error-free.
  5. You shall:
    • (a) ensure that any information you provide about the property is correct;
    • (b) co-operate with eProp in all matters relating to the Residential Sales Services or Commercial Sales Services;
    • (c) observe and perform any obligations or restrictions and comply with such policies and guidelines as are required by eProp, of which eProp shall inform you; and
    • (d) comply with all relevant legal requirements in relation to your property advertised via the Residential Sales Service or Commercial Sales Services, including obtaining an energy performance certificate (“EPC”) and providing a copy for inclusion in your advertisement on the easyProperty Platform.
  6. Where you do not provide a valid copy of an EPC for your property when requested, eProp may refuse to list or remove your advertisement from the easyProperty Platform.
  7. You warrant that you are the legal owner and have all rights, titles and permissions to sell the property for which you order Residential Sales Services or Commercial Sales Services or have been granted all rights, titles and permissions to act on behalf of the legal owner in those capacities.
  8. By purchasing Residential Sales Services you are instructing eProp to act as your agent in the sale of your property for the Service Period and we hereby confirm such appointment.
  9. You agree that any dispute between a seller and a purchaser who have used the Residential Sales Services or Commercial Sales Services will be resolved solely by the seller and purchaser, and that eProp shall have no responsibility or liability for any disputes that arise in relation to a relevant transaction.
  10. Except to the extent that any liability is caused by eProp, you shall indemnify and hold eProp harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by eProp as a result of or in connection with any instructions given by you in relation to the provision of the Residential Sales Services or Commercial Sales Services.
  11. You may choose either to pay immediately or to use the “deferred payment” option for our Residential Sales Service at the time of ordering. Should you choose the deferred payment option, you will be required to enter into a Finance Agreement with our subsidiary, E-Prop Limited, for the amount due, which will be repayable at the date set out in the Finance Agreement and on the terms of the Finance Agreement. In order to use the deferred payment option, you agree that we can disclose to E-Prop Limited the details that you have provided to us. You agree that E-Prop Limited may carry out identity and credit checks using your personal details. Deferred payment is only available to UK-resident individuals. It is a condition of the use of the deferred payment option that you use the services of conveyancers nominated by us to act on your behalf on the sale of your property.
  12. If you do not wish to use the services of our nominated conveyancers to act on your behalf on the sale of your property, you should pay immediately at the time of ordering our Residential Sales Service. If, after having chosen to use the deferred payment option for our Residential Sales Service, you decide not to use the services of our nominated conveyancers, you will be required to pay us an additional fee of £350 on the sale of your property.
Schedule 11 Negotiation Management and Deal Progression Services Additional Terms
  1. These Additional Terms shall apply in the event that you use (whether or not as part of a package of bundled services) negotiation management and deal progression services to progress the letting or sale of your property to prospective tenants or purchasers (“Deal Progression Services“). These services are provided directly by eProp. You are required to understand and accept our terms and conditions prior to instructing us on the sale of, or completion of a lease with market value on, your property, in accordance with the Estate Agents Act 1979. Our terms and conditions are contained in our B2C Service Terms, these Additional Terms and any other Additional Terms that relate to the services which you have ordered from eProp.
  2. The Deal Progression Services will be provided for the period of time stated on the easyProperty Platform at the time you place your Order.
  3. eProp shall have the right to make any changes to the Deal Progression Services which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Deal Progression
  4. eProp does not warrant that any of the Deal Progression Services will be provided without interruption or error-free.
  5. You shall:
    • (a) ensure that any instructions you provide to eProp are correct;
    • (b) co-operate with eProp in all matters relating to the Deal Progression Services; and
    • (c) observe and perform any obligations or restrictions and comply with such policies and guidelines as are required by eProp, of which eProp shall inform you.
  6. You warrant that you are the legal owner and have all rights, titles and permissions to let or sell the property for which you order Deal Progression Services or have been granted all rights, titles and permissions to act on behalf of the legal owner in those capacities.
  7. Where you instruct eProp to carry out Deal Progression Services in relation to a letting which results in an assured shorthold tenancy or another lease which may not be transferred for value, eProp shall progress negotiations with the prospective tenant in accordance with your instructions.
  8. Where you instruct eProp to carry out Deal Progression Services in relation to a residential or commercial sale, or a letting resulting in a lease which may be transferred for value, eProp shall progress negotiations with the prospective purchaser or tenant in accordance with your instructions and eProp shall do the following:
    • (a) forward to you in writing all offers from prospective purchasers or tenants within 2 working days of receipt; and
    • (b) once a sale or a letting as described above has been agreed, eProp will prepare and send out a Memorandum of Sale or a Memorandum of Lease to you, to the prospective purchaser or tenant, and to the solicitors involved.
  9. eProp is not aware of any personal interest between eProp or anyone in our employment or any connected person(s) and you, unless we inform you otherwise. If you become aware of such an interest, please notify eProp immediately.
  10. The only fee payable in relation to the Deal Progression Services is the fee set out on the Site and payable at the time you place your Order (and, if indicated on the Site, payable periodically thereafter). eProp does not operate a commission structure and there are no additional one-off or recurring fees in relation to the Deal Progression Services.
  11. Except to the extent that any liability is caused by eProp, you shall indemnify and hold eProp harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by eProp as a result of or in connection with any instructions given by you in relation to the provision of the Deal Progression
  12. eProp confirms that it is a member of The Property Ombudsman scheme and subscribe to its code of practice.
Schedule 12 Prospective Tenant Enquiry Management Services Additional Terms
  1. These Additional Terms shall apply in the event that you use (whether or not as part of a package of bundled services) services to manage enquiries from prospective tenants in response to your advertisement for a commercial or residential property to let (“Enquiry Management Services“). These services are provided directly by eProp.
  2. The Enquiry Management Services will be provided for the period of time stated on the easyProperty Platform at the time you place your Order.
  3. eProp shall have the right to make any changes to the Enquiry Management Services which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Enquiry Management Services.
  4. eProp does not warrant that any of the Enquiry Management Services will be provided without interruption or error-free.
  5. You shall:
    • (a) ensure that any instructions you provide to eProp are correct;
    • (b) co-operate with eProp in all matters relating to the Enquiry Management Services; and
    • (c) observe and perform any obligations or restrictions and comply with such policies and guidelines as are required by eProp, of which eProp shall inform you.
  6. Where you instruct eProp to carry out Enquiry Management Services, eProp shall receive enquiries from prospective tenants and schedule viewings on your behalf in accordance with your instructions.
  7. You warrant that you are the legal owner and have all rights, titles and permissions to act as a landlord for the property for which you order Enquiry Management Services or have been granted all rights, titles and permissions to act on behalf of the legal owner in those capacities.
  8. You agree that any dispute between a landlord and a tenant who have used the Enquiry Management Service will be resolved solely by the landlord and tenant, and that eProp shall have no responsibility or liability for any disputes that arise during the term of a relevant tenancy.
  9. Except to the extent that any liability is caused by eProp, you shall indemnify and hold eProp harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by eProp as a result of or in connection with any instructions given by you in relation to the provision of the Enquiry Management Services.
Schedule 13 Click to Purchase Services Additional Terms
  1. These Additional Terms shall apply in the event that you use (whether or not as part of a package of bundled services) electronic contract exchange and completion facilities via the Site, whether as a sale by private treaty (negotiated directly between you and the buyer or between each party’s agents), binding sealed bids or an online auction, as further described on the Site (“Click to Purchase Services“). These services are a Paid-For Service re-sold by eProp but provided by Click to Purchase No 2 Limited (trading as Click to Purchase Property), a company incorporated in England and Wales with company number 07133312 whose registered office is at 2nd Floor, Titchfield House, 69/85 Tabernacle Street, London EC2A 4RR and whose principal place of business is at 94-96 Wigmore Street, London W1U 3RF (“CTP”).
  2. The Click to Purchase Services will be provided for the period of time stated on the Site at the time you place your Order.
  3. CTP shall have the right to make any changes to the Click to Purchase Services which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Click to Purchase Services.
  4. Neither eProp nor CTP warrant that the Click to Purchase Services will be provided without interruption or error-free.
  5. The Click to Purchase Services are provided via a mini-site linked to the Site, which is hosted by CTP. To use the Click to Purchase Services you must agree to and comply with the terms and conditions, privacy policy and cookie policy for CTP’s website www.clicktopurchase.com (the “CTP Terms”), which apply between you and CTP.
  6. You shall:
    • (a) ensure that any instructions you provide to eProp and/or CTP are correct and carefully and diligently complete the listing details in respect of your property to include all relevant particulars of the property and ensure they are complete and accurate, nominate the method(s) of sale and any relevant criteria (such as any completion and deposit requirements);
    • (b) upload the documents listed in the Annex below (including any other documents, or updated versions of such documents, that may be required by eProp and/or CTP and notified to you from time to time) to the electronic data room created for your property (the “Data Room”) linked to the Site;
    • (c) co-operate with eProp and CTP in all matters relating to the Click to Purchase Services, including responding promptly to all enquires from buyers and potential buyers of your property;
    • (d) observe and perform any obligations or restrictions and comply with such policies and guidelines as are required by eProp and/or CTP, of which eProp and/or CTP shall inform you;
    • (e) be responsible for any photographs, plans or illustrations of your property that you wish to include in your listing on the Click to Purchase Services, including their accuracy and completeness;
    • (f) assist eProp and CTP in carrying out identity checks on all potential buyers of your property by the buyers’ solicitors prior to approving them to make an offer on your property;
    • (g) comply with the terms and conditions and policies pursuant to paragraph 5 above and with any rules for use of the Click to Purchase Services of which eProp and/or CTP may inform you from time to time;
    • (h) notify eProp in writing within five days of a sale of your property being completed by any means and include the total sale price in such notification;
    • (i) where required, procure written instructions from your solicitors (addressed to eProp or to CTP, as requested) on accepting, rejecting or ignoring offers and to confirm the reserve price for each auction;
    • (j) where required, procure confirmation from your solicitors of the completeness and accuracy of information in the Data Room for your property; and
    • (k) permit eProp and CTP to perform money laundering checks on any potential buyer of your property before they may be allowed to place a bid or offer for your property via the Click to Purchase Services.
  7. You acknowledge and agree that the Click to Purchase Services shall not include legal advice (including without limitation, the drafting or negotiation of any terms and conditions for the sale of your property or variations to standard sale conditions) or regulatory compliance services.
  8. You acknowledge that eProp and/or CTP may remove a listing of your property from the Click to Purchase Service if in the reasonable opinion of eProp and/or CTP that listing is unsuitable including without limitation a belief that information supplied is inaccurate, incomplete or not verified by your solicitors.
  9. You warrant that you are the legal owner and have all rights, titles and permissions to let or sell the property for which you order Click to Purchase Services or have been granted all rights, titles and permissions to act on behalf of the legal owner in those capacities.
  10. You acknowledge and agree that eProp and CTP have your authority to offer your property for sale via the Click to Purchase Services (including by auction if applicable) and to complete (or organise completion as the case may be) the relevant parts of any documents required to effect the sale of your property via the Click to Purchase Services, including the authority to digitally sign contracts on a Property on behalf of the seller for the purpose of effecting an exchange of contracts when an offer is accepted or an auction successfully concluded.
  11. You warrant that you have all rights in, or have the permission of the rights holder to licence the use of, any photographs, plans and illustrations that you provide in relation to the Click to Purchase
  12. The only fee payable in relation to the Click to Purchase Services is the fee set out on the Site and payable at the time you place your Order (and, if indicated on the Site, payable periodically thereafter). eProp does not operate a commission structure and there are no additional one-off or recurring fees in relation to the Click to Purchase
  13. eProp and CTP shall have the right:
    • (a) where you are in default of the obligations set out in these Click to Purchase Services Additional Terms, to suspend performance of the Click to Purchase Services until you remedy your default, and where your default prevents or delays eProp and/or CTP from performing its obligations, neither eProp nor CTP shall be liable for such failure to perform or delay and shall not be required to reimburse you; and
    • (b) to suspend or terminate your use of the Click to Purchase Services where eProp no longer has the right to provide the Click to Purchase Services, and in such circumstances, eProp shall reimburse you all amounts you have paid in respect of the Click to Purchase
  14. Except to the extent that any liability is caused by eProp or CTP, you shall indemnify and hold eProp and CTP harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by eProp as a result of or in connection with any instructions given by you in relation to the provision of the Click to Purchase Services.
  15. Where you have chosen a Click to Purchase Service involving an online auction (if available), the following terms shall apply:
    • (a) you may elect for your property to be offered for sale by auction either (i) as the sole lot in an auction; (ii) as one lot in an auction of a number of your properties; or (iii) as one lot in an auction containing properties represented by eProp (subject to such auctions being available);
    • (b) you acknowledge that your preferred start time for an auction may not be available, that any date suggested for an auction is provisional only and there may be circumstances in which eProp and/or CTP has to cancel an auction completely. In the event that an auction is re-scheduled, eProp and/or CTP will agree the revised date with you in writing;
    • (c) you agree that you shall comply with any reasonable requests of eProp and CTP in relation to an auction of your property, including in relation to the regulation of bidding during an auction;
    • (d) you acknowledge that the inclusion of your property in any particular proposed auction is subject to timely receipt of information regarding your property;
    • (e) you authorise eProp and CTP: (i) to bid on your behalf at our discretion up to the reserve amount for your property and to withdraw your property as unsold if the reserve is not reached; (ii) to intervene in the auction process as far as permitted by law and the CTP Terms in order to ensure the lawful and efficient running of the service, including by taking reasonable steps to regulate bidding and to refuse undesirable bids at our discretion; and (iii) in the event of a dispute as to any bid to determine the dispute and to put up your property again at the last undisputed bid;
    • (f) eProp may withdraw your property from the Click to Purchase Services if you instruct us to offer your property at a reserve price higher than eProp is prepared to agree; and
    • (g) neither eProp nor CTP will be liable for any losses or any other consequences if an auction does not take place on any scheduled date or is cancelled for any reason.
  16. You authorise eProp on successful completion of a sale: (i) to sign a Memorandum of Sale on your behalf; and (ii) to request payment of the balance of any applicable deposit to your solicitor, but we will have no liability to you if the successful buyer fails to comply.
  17. Where you have chosen a Click to Purchase Service involving sealed bids, you authorise eProp to collect any initial deposits, if this option is offered to bidders, which will be held by eProp and/or CTP as stakeholder pending a sale. Initial deposits from unsuccessful bidders will be returned to them. After deduction of eProp’s commission and expenses, eProp and/or CTP will pay any balance of the successful bidder’s initial deposit to your solicitor.
  18. eProp shall not be responsible for any liability arising as a result of CTP’s actions or exercise of CTP’s rights pursuant to these Click to Purchase Services Additional Terms, or for any failure by eProp to exercise any of its rights pursuant to these Click to Purchase Services Additional Terms.
Schedule 14 Tenant referencing services
  1. These Additional Terms shall apply in the event that you use (whether or not as part of a package of bundled services) tenant referencing services (“Tenant Referencing Services“). These services are a Paid-For Service re-sold by eProp but provided by Let Insurance Services Ltd a company incorporated in England and Wales with company number 06413754 whose registered office is at Wessex House, Upper Market Street, Eastleigh, Hants SO50 9FD 07133312 (“Let Risk”).
  2. The Tenant Referencing Services will be provided for the period of time stated on the easyProperty Platform at the time you place your Order (“Service Period”).
  3. eProp or its service providers shall have the right to make any changes to the Tenant Referencing Services which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Tenant Referencing Services.
  4. eProp and its service providers do not warrant that any of the Tenant Referencing Services will be provided without interruption or error-free.
  5. eProp or its service providers can stop providing the Tenant Referencing services at any time if the information we need to provide the services is unavailable.
  6. Charges apply from the point when an application is submitted and are non-refundable irrespective of the prospective tenant’s score/acceptability results.
  7. We or our service providers may need to verify your authenticity and/or identity in order to establish you as an account holder.
  8. You may make copies of the information from the tenancy references that you reasonably need for the purposes of your business, however unless required by law you must: (a) keep the information strictly confidential; (b) not publish the information; (c) not give the information to anyone else; (d) only give the information to your officers or employees (or both) who need to know or use it (and you must make sure that your officers and employees meet these confidentiality conditions); and (e) not copy, distribute or commercially exploit the information unless this Schedule allows you to.
  9. You must not use, or allow others to use, the Tenant Referencing Services or information arising out of or in connection with it (or both) to provide authentication, fraud prevention or any other information-based services to anyone else. This restriction does not prevent you from sharing the information with your company group members but you must make sure that they comply with the confidentiality, security and liability conditions.
  10. If you act as an agent for someone else (i.e. a “Landlord” principal) to consider the suitability of individuals for a tenancy you can make the information available to the principal but only for these purposes. You must also get each applicant’s permission to give any information relating to them to the principal.
  11. You grant eProp and its service providers a royalty-free, non transferable continuous licence to use the applicant information. EProp and its service providers use this to improve the databases it accesses to bring the Tenant Referencing Service to you and for other risk and fraud prevention services to others.
  12. You must follow any rules and guidelines that apply to the way in which we provide the Tenant Referencing Services. We and our service providers will make sure that the information is secure. Each user will be given an individual identification by us or our service providers, which we call an ‘Applicant ID’. Only the person to whom it is issued may use the Applicant ID. The Applicant ID cannot be transferred to or used by other users.
  13. We refer to account numbers, identification codes and passwords (including the Applicant ID) used to access the services as ‘Client ID’. You are responsible for making sure that you keep your Client ID secure. Neither eProp nor its service providers will be responsible for any losses arising from anyone using your Client ID, whether authorised by you or not. We or our service providers can give you a new Client ID at any time during normal working hours (which for these purposes shall mean 9am – 6pm Monday – Friday and 10am – 4pm on Saturday, unless we notify you otherwise). Any new Client ID will apply 24 hours after we or our service provider gives you the new Client ID.
  14. You also agree that you will: (a) maintain appropriate technical and organisational security measures and procedures to prevent your Client ID being accidentally given to or used by unauthorised people; (b) tell us or our service providers as soon as you become aware that anyone has found out or used your Client ID without your permission, or if any equipment you use to access the services is stolen; and (c) be responsible for all charges connected to the Client ID, whether or not it is you or someone else, who incurred these charges.
  15. eProp or our service providers may cancel or suspend your use of the Client ID if you break any of your obligations under this Agreement (including this schedule); or we are told about, or become aware of, any unauthorised or improper use of your Client ID (either by you or by someone else); or that any equipment you use to access the services has been stolen.
  16. You agree that, in relation to using the Tenant Referencing Services, you will follow all relevant legislation and regulations. These include the Data Protection Act 1998 (including the Data Protection principles), all amendments to the Data Protection Act 1998 and any regulations or requirements made by any governmental authority or equivalent body.
  17. Whenever you want to use the Tenant Referencing Services, you must get permission from the relevant person, and this includes that you will ensure that any individual who will be the subject of a search using the Tenant Referencing Services gives his/her consent. You must use the wording set out on Let Risk website, or provided by us or our service providers from time to time, to get this consent / permission. If you fail to get this consent / permission, you must not use the Tenant Referencing Services on behalf of the relevant person.
  18. You also agree to follow all codes of conduct relating to the services that are approved by the Office of the Information Commissioner from time to time (see https://ico.org.uk/). This will not affect your obligations to follow any statutory requirement.
  19. You agree that you will not make any of your business decisions based solely on the information obtained through the Tenant Referencing Services. You acknowledge that the reports are based on information other people give to us or our service providers and that we cannot control the accuracy of this information, which may also contain advice or opinions. Neither eProp nor our service providers guarantee how accurate this information is, or how valid any advice or opinion we give is and are not responsible for any loss which you suffer as a result of a claim made by someone about whom we have given information, advice or an opinion.
  20. You acknowledge that sometimes applicants or referees withhold information or provide misleading information, which is intended to deceive. We and our service providers work hard with our clients to try and eliminate the risk of such fraudulent applications but are unable to guarantee identifying each one. We strongly recommend that you make landlords aware of the availability to purchase insurance policies to protect against the risks of tenants not paying rent, as a result of any circumstances, throughout the life of the tenancy.
  21. You will indemnify us and our service providers, and keep us fully indemnified, against any claims or actions made or brought against us as a result of you causing the reference information to be inaccurate or incomplete (whether by something you do or something you don’t do), or by you using the Tenant Referencing Services otherwise than in accordance with this Schedule. This indemnification will include all losses, damages, costs and other expenses (including any payments we or Let Risk make to settle any claims or actions) that we have to pay, and you promise to pay us for any loss, damage, cost or other expense. This protection will not apply if we or our service providers are at fault.
  22. Additional charges may apply in the event you require us or our service providers to provide additional information at undisclosed addresses (i.e. requiring additional bureau data), to reopen completed reports (i.e. for incorrect data entered) or to provide additional copies of archived reports.
  23. It is the landlord’s responsibility to ensure that individuals who let or sublet the landlord’s property have the right to rent property and to fulfil the landlord’s responsibilities under the Immigration Act 2014 and any related legislation. The referencing services provided by eProp are not designed to fulfil these requirements and eProp accepts no liability in relation to the landlords failure to adhere to these statutory obligations under the Immigration Act 2014 or otherwise.
Schedule 15 Property Liaison Services
  1. These Additional Terms shall apply in the event that you use (whether or not as part of a package of bundled services) property liaison services, that typically include: (i) processing of property instructions, including floor plans (ii) arrangement of viewings (iii) inventory and schedule of conditions, (iv) check-in/check-out, (v) property visits (mid term inspections); (vi) dispute resolution services, and (vii) any other services agreed from time to time between the parties (“Property Liaison Services“). These services are a Paid-For Service re-sold by eProp but provided by No Letting Go Inventory Management Limited (“NLG”) a company incorporated in England and Wales with company number 06055603 with registered office at Unit 20 Kent House, Old Bexley Business Park, 19 Bourne Road, Bexley, Kent, DA5 1LR (“NLG”).
  2. The Property Liaison Services will be provided for the period of time stated on the easyProperty Platform at the time you place your Order (“Service Period”).
  3. eProp or its service providers shall have the right to make any changes to the Property Liaison Services which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Property Liaison
  4. eProp and its service providers do not warrant that any of the Property Liaison Services will be provided without interruption or error-free.
  5. Any written report (“Report”) created as a result of the Property Liaison Services shall be confidential and you undertake to (i) keep such report strictly confidential; (ii) not publish all or any part of the report; (iii) not divulge or disclose all or any part of the report to any third party other than for the sole purpose of property rental; and (iv) permit access to the report only to those third parties who need to know or use the same and ensure that such third parties comply with these confidentiality requirements.
  6. Any inventory created as a result of the Property Liaison Services (“Inventory”) will comprise a list of the furniture, fixtures, fittings and household effects with a description of the state of decoration and condition of the interior and its effect at the property. The Report will be based upon the visible condition of the fixtures at the time of the visit. All items on the Inventory are assumed to be in a good condition and cleaned to a good domestic standard as detailed in our, or our service provider’s glossary of terms unless otherwise stated.
  7. The personnel appointed by us or our service providers to provide the Property Liaison Services (“Clerk”) will not move heavy items of furniture or similar and we will not be held liable for any detail obscured by such items at the time of the visit.
  8. The Inventory does not purport to be a report of value for the premises and/or the contents therein, nor is it a guarantee of, or report of, the adequacy of, or safety of, any equipment or contents. It is a list of such items within the premises and the superficial condition of the items and the decorative state of the premises.
  9. The Inventory may state when an item of furniture has been seen to have a label advising that it complies with Furniture and Furnishings (Fire and Safety) Regulation 1988, as amended in 1993. It should not be assumed that other items not stated comply with this regulation. Compliance with the relevant UK Fire Regulations is your responsibility and not that of eProp, or its service providers. It is recommended that all bedding, soft furnishing or any item which is filled/padded be checked by you to ensure that it complies with current regulations. Regulations on furniture purchased in foreign countries may not meet the UK standards. It is your responsibility to ensure that all items adhere to relevant current UK regulations.
  10. Electrical items will not be tested and eProp cannot be held responsible for any faults. Our service providers will check fitted light bulbs for functionality only.
  11. Floor coverings, rugs and carpets will be inspected to the extent that they are sufficiently clean and any defects noted, provided they are accessible and not obscured.
  12. Bed linen, towels and similar items will be inspected to check that they have been freshly laundered and then counted. Soiled items will be checked at the discretion of the Clerk and noted on the Report.
  13. Mattresses will be inspected where accessible and will not be examined if the bed is made up.
  14. We and our service providers reserve the right not to handle/move valuable ornaments nor will we or our service providers include in the inventory, numbers and titles of books, plants, consumables, items which are packed for storage or miscellaneous items other than garden equipment.
  15. Lofts, basements (cellars), locked rooms and any other similar storage area and their contents will not be listed in the Inventory, nor will the Clerk undertake to search through cluttered drawers or cupboards or to unpack boxes, bags or packaged items.
  16. Windows are only checked to ensure that they are clean with no visible broken glass. It is the responsibility of the tenant to report any non opening windows/defects to you.
  17. Intruder alarms and smoke detectors whether listed or not will be considered untested.
  18. We and our service providers reserve the right to apply an additional charge when unnecessary time is incurred, because the Clerk is unable to locate any items which have been moved during the tenancy and have not been replaced in their original position.
  19. We or our service providers reserve the right to apply a charge when a Clerk is unable to gain access to the premises at an agreed time, or within 15 minutes thereafter. We will be under no further obligation save the entitlement to invoice the proportion of the fee that would have been due had the instruction been completed.
  20. If a Clerk feels that the property or any person visiting that property makes them feel unsafe or they have a concern in any way that may affect their health or safety, we or our service providers reserve the right to cancel the appointment at that point without liability, and the issue will be reported, accordingly.
  21. Any midterm or interim visit by us or our service providers will adhere at all times to UK legislation and will adhere to the guidelines outlined by the Association of Professional Property Providers (APIP). Unless otherwise agreed, it is your responsibility to contact the tenant in writing at least 24 hours before the visit to advise them that we or our service providers will visit. Where an appointment has been confirmed with a tenant and they refuse access, are not available or we or our service providers are unable to enter, then we reserve the right to charge a cancellation fee per visit
  22. We and our service providers can provide overview pictures but will only provide internal pictures if given permission by you and the tenant. The tenant has the right to refuse permission for photographs to be taken if they are present at the time of the property visit.
  23. Where it is agreed that eProp will provide a smoke and carbon monoxide alarm inspection and inspection service, this service is to assess and report on whether these alarms meet the requirements of the Smoke and Carbon Monoxide Regulations 2015 and eProp shall:
    • (a) inspect, assess and report on the alarms present in the property and whether they are in working order;
    • (b) where instructed by the agent or landlord, install the appropriate alarm and test to ensure their working order;
    • (c) install a battery operated unit with a minimum 5 year unit warranty;
    • (d) install in accordance with the manufacturer’s installation instructions and/or as recommended on the firesafety web site using either screws or double sided mounting tape, either on the ceiling, wall or in the case of carbon monoxide alarms, freestanding where applicable;
    • (e) locate alarms according to the regulations, industry and/or manufacturers recommended locations or if not possible due to extenuating circumstances, located in the most appropriate position;
    • (f) where a carbon monoxide alarm is required to be fitted to a wall it will be at the inspector’s sole discretion as to the most effective and discreet positioning and eProp shall not be held liable for the cost of any re-siting or repair work incurred in the event that the landlord requests the alarm to be moved;
    • (g) all alarms fitted will be tested and detailed on the inspection report;
    • (h) where an inspector determines that a replacement battery is required for either a carbon monoxide alarm or a battery operated smoke alarm with a 5 year warranty and the property is tenanted, the inspector will make a recommendation that the tenant replaces the battery/batteries in the relevant inspection report;
    • (i) where an inspector determines that a replacement battery is required for either a carbon monoxide alarm or a battery operated smoke alarm with a 5 year warranty at the time of a check out or for a vacant property, the inspector will, subject to the availability of the required battery, replace and test for working order and charge the client accordingly;
    • (j) only such smoke alarms / carbon monoxide monitors that are reasonably accessible to the Clerk will be tested;
    • (k) a Clerk shall not be required to change any battery that may be fitted to an alarm or monitor and shall not be required to test any electrical wiring or other electrical installation where an alarm or monitor is wired into or linked to an electrical circuit of a given property;
    • (l) whether an alarm or monitor is reasonably accessible shall be determined by the inventory clerk at their sole discretion. By way of guidance only, any alarm or monitor which is situated more than 8 feet above floor level shall be considered as inaccessible under normal circumstances;
    • (m) any test of an alarm or monitor shall be limited to the activation of a test button fitted to the alarm or monitor and shall not involve any “live smoke” test.
  24. Where it is agreed that eProp will provide a Legionella Risk Assessment Service to comply with the landlord’s obligations under the Health & Safety at Work etc Act 1974, this service is to assess and report on whether there is an increased risk of Legionella being present in the water system and if a risk is identified to provide appropriate recommendations for either the landlord or tenant to reduce or eliminate the risk. The risk assessment is conducted in accordance with ACOP (Approved Code of Practice) L8 to include:
    • (a) the recording of the water temperature of all hot and cold water outlets;
    • (b) the recording of the temperature of the hot water tank (calorifier) outlet pipework;
    • (c) a visual inspection of all tap spouts and shower/spray heads;
    • (d) a visual inspection of the hot water tank and associated plumbing where applicable;
    • (e) advising on any redundant pipework (dead legs) and/or flexible hoses visible;
    • (f) a visual inspection of the cold water tank where applicable;
    • (g) advising on exterior features including water features, fountains, hot tubs and exterior taps where applicable.
  25. The risk assessment referred to in paragraph 24:
    • (a) does not constitute a Legionella ‘test’ and no samples of water will be taken for analysis. The client will be advised of appropriate measures to be taken where necessary and in the event of a Level 4 risk (most severe) being identified, eProp will recommend that the property be closed down immediately and that an expert contractor be appointed to decontaminate the property; and
    • (b) is limited to the condition and state of the water system as presented at the time of the visit and eProp cannot accept any liability for any increased Legionella Risk that may arise at a subsequent date due to a change in circumstances, for instance the property being left empty for an extended period of time or a defect occurring within the water heating system; and
    • eProp cannot accept any responsibility for subsequent loss or injury where any recommendations are not followed up either before the property is let out or during the tenancy.
  26. Where we, or our service provider, provide property instruction and viewing services we do so with the sole aim to collect factual information and/or data for you. It is your responsibility to check and agree all information before making it public and to check that the presentation of the information meets all laws and legislation related to the advertising of property.
  27. If we or our service providers are required to evidence any forms of ID at any time, we or our service providers will not accept liability for the authenticity of the documents provided by the landlord, tenant or any third party nor accept liability for illegal letting of the property.
  28. It is your responsibility to deliver all property access keys to the Clerk. In the case of collection or delivery back to you, additional charges may apply. If the landlord requires keys held by us or our service provider, additional charges may apply and this may be a fixed fee and an hourly or part thereof call out charge. This is not an emergency service and call out is only available during working hours (which for these purposes shall mean 9am – 6pm Monday – Friday and 10am – 4pm on Saturday, unless we notify you otherwise) and only subject to availability. Sunday and Bank Holiday call out charges are subject to availability and may result in an additional fee. No visit will be made until confirmation of payment or authorisation is received.
  29. If keys are not available before the agreed appointment, we and our service providers reserve the right to charge for a cancelled appointment.
  30. Errors on any Reports must be notified to a manager of eProp or its service provider, who will deal with the error. We and our service providers reserve the right not to accept responsibility for any errors in Reports reported after 7 days from the date of the Report. We and our services providers will not accept any liability for errors reported after the commencement of the next occupancy.
  31. Additional hard copies of the Inventory, if requested, may incur an additional fee.
  32. In the event of incorrect payment for the job, incorrect information resulting in an incorrect quoting of the job or any other incorrect information that results in the price being under quoted, we and our service providers reserve the right to either withhold any report or cancel the job, in which case cancellation fees may come into effect.
  33. Unless stated otherwise, property sizes and pricing are based on the following (hallways/landings are considered inclusive):
    • (a) 1 bed property – Max. 4 x rooms (typically 1 bedroom, 1 reception, 1 bathroom, 1 kitchen)
    • (b) 2 bed property – Max. 6 x rooms (typically 2 bedroom, 1 reception, up to 2 bathrooms, 1 kitchen)
    • (c) 3 bed property – Max. 8 x rooms (typically 3 bedroom, 2 reception, up to 2 bathrooms, 1 kitchen, garden/garage)
    • (d) 4 bed property – Max 10 x rooms (typically 4 bedroom, 2 reception, up to 3 bathrooms, 1 kitchen, garden/garage)
    • (e) Larger properties are based on individual pricing
  34. We and our service providers reserve the right to charge additional rates per room or extra storage or facilities (eg. outhouses, swimming pools) for properties different from above, prices are available upon application.
  35. If the size of the property is incorrectly given then we or our service providers will charge for the difference and withhold the Report until the outstanding balance is settled.
  36. All Reports will be provided as PDFs and hard copies are provided only on request and may be subject to an additional charge. If you do not require any original handwritten documents completed at the check in or check out, we or our service providers will retain the original document for a period of 3 months from the date of the appointment. Where applicable, all other non-signed documentation will be stored by us or our service providers for a maximum period of 12 months after the end of the previous tenancy.
  37. We and our service providers reserve the right to make a charge of the full fee of the assignment value to you for the cancellation of a job, for whatever reason after noon the previous day or on the day of the visit. We and our service providers also reserve the right to charge an administration fee of £35.00, or such other admin fee that might be notified to you from time to time, for any changed bookings up to 24 hours before.
  38. A charge of £35.00 per half hour, or such other fee that might be notified to you from time to time, may be made for waiting time at the property beyond the confirmed time/allowed waiting period due to the late arrival of you or a tenant, incorrect notified location of keys or documentation, or any delay in gaining access to the property beyond the control of the Clerk or us or our service providers.
Annex Documents to be added to the Data Room 1. Standard documents for every sale For sale of a commercial property:

1.1 Common Auction Conditions (3rd Edition August 2009)

1.2 Extra General Conditions of Sale (Version October 2014)

1.3 Click to Purchase Rules (Version October 2014) Extra Special Conditions of Sale for Conditionality (Version October 2014)

1.4 Pro Forma Click to Purchase Memorandum of Sale (Version October 2014)

For sale of a residential property:

1.5 Common Auction Conditions (3rd Edition August 2009) – (auction only)

1.6 Extra General Conditions of Sale (Version October 2014) – (auction only)

1.7 Standard Conditions of Sale (5th Edition) – (non-auction sale)

1.8 Click to Purchase Rules (Version October 2014)

1.9 Extra Special Conditions of Sale for Conditionality (Version October 2014)

1.10 Pro Forma Click to Purchase Memorandum of Sale (Version October 2014)

2. Specific documentation for each property

2.1 Document Index

2.2 Completed Special Conditions of Sale

2.3 Title of Property:

2.3.1 Registered Title

2.3.2 Registered title plan

2.3.3 Documents referred to on registered title

2.3.4 Head lease (if leasehold title)

2.4 Occupation:

2.4.1 Occupational lease(s)

2.4.2 Documents relating to occupational leases (e.g.: licences to assign/alter/underlet/rent review memoranda etc.)

2.5 EPC

2.6 Search Results:

2.6.1 Index Map

2.6.2 Local Search (including planning details)

2.6.3 Commercial Water and Drainage

2.6.4 Highways Search

2.6.5 Desk top environmental search

2.6.6 Other site specific searches

2.7 Planning Documentation

2.8 Pre-contract enquiries

(For commercial property)

2.8.1 Replies to current CPSE1

2.8.2 Replies to other CPSEs if relevant

2.8.3 Disclosure of any leases or licences

(For residential property)

2.8.4 Property information form (Form TA6);

2.8.5 Leasehold information form (Form TA7);

2.8.6 Commonhold information form (Form TA9);

2.8.7 Fittings and contents form (Form TA10)

3. Defects

Information relating to any title defects or other known legal issues.

4. Property details

4.1 Service charge information – past accounts and current budget

4.2 Last building survey

4.3 Environmental survey

4.4 Planning permissions

4.5 Specification if relevant

4.6 Details of any warranties

B2B EASYPROPERTY SERVICE TERMS

  1. ABOUT US
    1. References to “eProp”, “us”, “our” or “we” are references to E-Prop Limited, a limited company registered in England and Wales under company number 08328850, along with other members of our group, which means any of our subsidiaries, any of our holding companies, and any subsidiaries of our holding companies, as defined in section 1159 of the UK Companies Act 2006 (“Group Companies”).
    2. Our registered office address is at Moorfoot House, Meridian Gate, 221 Marsh Wall, London E14 9FH, UK. Our VAT number is 154742309.
    3. eProp operates a proprietary, web-based platform via our website easyproperty.com which provides you with an opportunity to purchase property-related goods and services (“easyProperty Platform”).
    4. Our services are provided for private landlords and vendors, property developers, property managers, property consultants and prospective tenants and purchasers. We do not advertise properties on behalf of estate agents, brokers or intermediaries charging marketing fees to sellers or landlords or any kind of fees to tenants or buyers (“Estate Agent”), unless otherwise agreed between us and you.
    5. These B2B Service Terms apply as soon as you register and set up an account with us to use the easyProperty Platform (“Account”) and set out:
    6. the terms on which eProp will allow you to access and use the easyProperty Platform;
    7. eProp’s liability and role in respect of any products or services ordered via the easyProperty Platform from its third party service providers (“Third Party Services”);
    8. eProp’s liability and obligations in respect of any free of charge services that it may provide to you directly via the easyProperty Platform (“Free of Charge Services”); and
    9. eProp’s liability and obligations in respect of any services that you may order via the easyProperty Platform, where these services are to be provided directly by eProp (“Paid-For Services”) and are not Free of Charge Services or Third Party Services.
    10. We aim to make it clear on our website when you are ordering a Paid-For Service, a Third Party Service or a Free of Charge Service. Depending on which service you choose, the additional terms set out in the Schedules to these B2B Service Terms shall apply. Certain provisions within these B2B Service Terms apply only to Third Party Services, Free of Charge Services or Paid-For Services, and these provisions will be clearly marked.
    11. In these B2B Service Terms, “B2B” means “Business to Business”. You warrant that you are dealing as a business in relation to your use of the easyProperty Platform and any transaction entered into pursuant to these B2B Service Terms. Dealing as a business means that you are acting for purposes which are within your business or profession. If it is the case that you are not dealing as a business, then you acknowledge and agree that our Business to Consumer (“B2C”) Service Terms (available here [easyproperty.com/terms-conditions]) shall apply to your use of the easyProperty Platform and any transaction entered into via the easyProperty Platform, and that these B2B Service Terms shall not apply.
    12. These B2B Service Terms are additional to, and supplement, our Website Terms which can be found here easyproperty.com/terms-conditions#website and which apply whenever you use or browse our website.
    13. The easyProperty Platform, together with our website easyproperty.com, shall be referred to collectively as our “Site”.
    14. Any reference to a “working day” in these B2B Service Terms shall mean between 9 am to 6 pm on a day, other than a Saturday or Sunday, on which banks are open for business in the United Kingdom, save where (i) different working days are stated on the Site; or (ii) a relevant third party service provider has notified you that they operate a different working day, in which case those working days shall apply in that particular context.
    15. If you do not accept these B2B Service Terms, or any part thereof, please do not order the relevant service via the easyProperty Platform and immediately stop all use of our Site.
  2. “THIRD PARTY” SERVICES INTRODUCED BY E-PROP
    1. Where eProp helps facilitate transactions that are carried out on the easyProperty Platform between you and Third Party Service providers, eProp is neither the buyer nor the seller of the service provider’s goods or services, nor your agent in helping facilitate such transactions. eProp provides a venue for service providers and buyers to negotiate and complete transactions and may take a commission from the Third Party Service provider when you purchase goods and services from the Third Party Service provider. The contract formed at the completion of a sale for these Third Party Services is solely between you and the Third Party Service provider, and the terms upon which the service provider agrees to make the goods and/or services available to you will be notified to you via the easyProperty Platform before you decide to make your purchase. Those are the Third Party Service provider’s terms, and eProp is not a party to that contract nor does it assume any responsibility arising out of or in connection with it, nor is it the Third Party Service provider’s agent. In these cases, the Third Party Service provider is responsible for the sale of the products and/or services and for dealing with your claims or complaints or any other issue arising out of or in connection with the contract between you and the Third Party Service provider.
    2. As eProp wants you to have a safer buying experience, eProp will do its best to assist you with any complaint which you cannot resolve with the Third Party Service provider directly, but this does not create (and should not be implied as creating) any assumption of liability on behalf of eProp for any failure or delay in providing such service to you.
  3. “FREE OF CHARGE” SERVICES PROVIDED BY E-PROP
    1. eProp may provide you with products or services free of charge when (or after) you sign up and register to use the easyProperty Platform. These “free of charge” services may include the opportunity to advertise and market your property via the Site, or to create a profile that will be published on the Site to market yourself as a potential landlord, tenant, buyer or seller. Our sole obligation to you in providing such “free of charge” services is set out in section 4 below.
    2. Any information or other User Generated Content (as defined in our Website Terms) you create or upload or publish via our Site is subject to our Website Terms, which can be found here easyproperty.com/terms-conditions
    3. You grant to us a non-exclusive perpetual worldwide royalty-free licence to use your User Generated Content (either on its own or in combination with other data owned by or licenced to eProp) in the provision of our services, our marketing activities and in the development, provision and promotion of our products and services.
    4. You grant us the right to sub-license all or any part of your User Generated Content to third parties for use or publication by them or to enable them to provide a service to us or you.
  4. OUR LIABILITY TO YOU
    1. You acknowledge and accept that your access to, and use of our Site (including the easyProperty Platform), and the Free of Charge Services, are provided free of charge by eProp and are therefore undertaken at your own risk, and subject to the exclusions and liability limits contained in this section 4.
    2. eProp shall use reasonable skill and care in the performance of Paid-For Services, and shall endeavour to use reasonable skill and care in the provision of access to the easyProperty Platform and provision of the Free of Charge Services. However:
      • (a) We cannot guarantee the accuracy, completeness or suitability of any of the Site or any information or other materials contained within or referred to on the Site (“Site Materials”). You acknowledge and agree that we are reliant on landlords, vendors and other third party advertisers for the contents of their advertising, and that we are unable to independently verify the accuracy of that advertising. We do not accept any liability for any reliance placed on the Site Materials, including any property advert, by any visitor to the Site. It is the responsibility of prospective tenants and purchasers to satisfy themselves of the accuracy of any property descriptions on our Site. You use the Site and the Site Materials at your own risk.
      • (b) We cannot guarantee that the Site or the Site Materials will be available to you on an uninterrupted basis, or will be free from technical problems. This is the case even if we provide you with a helpline to report technical problems to us from time to time via the Site. We shall not be liable for any failure by you to access the Site or the Site Materials as a result of a failure of your equipment or events affecting access to the Internet generally (which prevent or delay your access to the Site or the Site Materials).
      • (c) In respect of Free of Charge Services, we shall not be held responsible for any loss or damage caused or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in the Site or in the Site Materials or via email alerts or otherwise.
      • (d) We make no representation that the Site or the Site Materials are appropriate or available for use in locations outside the United Kingdom, and accessing the Site (including the easyProperty Platform) from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site (including the easyProperty Platform) from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
      • (e) Goods and services you may purchase via the easyProperty Platform are (in most cases) sourced or made available by third party suppliers, and not eProp, and eProp does not make any representation or give any warranty in relation to any such Third Party Services.
      • (f) Your access to our Site may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services, or as a result of your actions, as set out in these B2B Service Terms and in our Website Terms which can be found here easyproperty.com/terms-conditions#website; and
      • (g) eProp gives no guarantee that any goods or services you may purchase via the easyProperty Platform will have any particular result or outcome, for example, that the use of a referencing service will give a positive report, or that the placing of advertising will lead to any responses;
      • (h) We have no control over, do not guarantee and shall not be responsible for:
        • (i) the conduct of viewings, management, letting or sales of a property;
        • (ii) the quality, safety or legality of properties listed on our Site;
        • (iii) the accuracy or completeness of any property listings on our Site; or
        • (iv) the suitability or ability to pay of any prospective tenants or purchasers responding to advertising on our Site or whether any prospective tenant or purchaser will complete a relevant transaction;
      • (i) We shall have no liability for any acts or omissions of any person during any viewings of your property, and we recommend that you have appropriate insurance in place in relation to viewings;
      • (j) We are not responsible for the obtaining of any energy performance certificates (“EPC”) for your property, which you are required to have in place and make available to any prospective tenants or purchasers of your property.
    3. Subject to condition 4.6, and in addition to condition 4.4 we and our third party service providers do not accept any responsibility for the following types of losses which may arise from your receipt of any Paid For Services from us:
      • (a) loss of income or revenue;
      • (b) loss of business;
      • (c) loss of profits or contracts;
      • (d) loss of anticipated savings or anticipated profits;
      • (e) loss of goodwill;
      • (f) wasted management or office time; or
      • (g) any indirect, special or consequential loss or damage.
    4. Subject to conditions 4.5 and 4.6, eProp’s total liability to you arising under or in connection with the provision of Paid-For Services for each event, or series of events, giving rise to a claim (whether in contract, tort (including, without limitation, negligence), statute or otherwise and including any loss or corruption of data) shall not exceed 100% of the one-off fee paid or payable by you for the relevant product or service, or, where such Paid For Service is provided to you as part of a subscription, or recurring fee, 100% of the total fees paid or payable by you for the relevant product or service, during the 12 month period immediately preceding the month in which your claim arose.
    5. Subject to conditions 4.4 and 4.6, eProp’s total liability to you arising under or in connection with the provision of Free of Charge Services, Third Party Services, access to the easyProperty Platform and/or the Website Terms in any calendar year, whether in contract, tort (including, without limitation, negligence), statute or otherwise (and including any loss or corruption of data) shall not exceed £250 (two hundred and fifty pounds).
    6. Nothing in these B2B Service Terms shall affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law, for example under the Sales of Goods Act 1979.
    7. You shall indemnify and hold eProp harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by eProp as a result of or in connection with any breach by you of these B2B Service Terms or any negligent act or omission committed by you.
  5. DATA PROTECTION
    1. Your privacy is very important to us. We have designed our Privacy Policy to make important disclosures about how you can use our Site (including the easyProperty Platform) to share information with others and how we will collect and use your information. You should read the Privacy Policy which can be found here easyproperty.com/terms-conditions#privacy before you complete your registration to use the easyProperty Platform, and use it to make informed decisions. The Privacy Policy shall apply equally to any Free of Charge Services or Paid-For Services you order from us. In addition, depending on what service you select from us, the additional terms set out in the Schedules to these B2B Service Terms or any Third Party Service terms may specify further uses which will be made of your data. We shall only use your personal data in accordance with our Privacy Policy, and with any additional terms that are set out in such Schedules.
    2. Where we have permission to provide contact information of third parties to you e.g. potential buyers or tenants, vendor or landlord contact details, you must treat their information as private and confidential, and you must not:
      • disclose or pass those details to anyone else without their explicit consent; or
      • use their information for any purpose other than to contact the relevant third party in relation to their particular sale or letting.
  6. ADVERTISER OBLIGATIONS
    1. If you advertise property for sale or let via our services you warrant, represent and undertake that you:
      • (a) are not primarily operating as an Estate Agent, unless otherwise agreed between us and you;
      • (b) will not misrepresent yourself or your role in your dealings with us;
      • (c) have all relevant rights and permissions to market the property you are promoting;
      • (d) are the legal owner and have all rights, titles and permissions to act as a landlord or vendor for the property you are marketing or have been granted all rights, titles and permissions to act on behalf of the legal owner in those capacities , and you will provide us with satisfactory evidence of the same on request;
      • (e) will adhere to all applicable legislation and regulations with regard to marketing, selling and letting property, including but not limited to any advertising regulations;
      • (f) will provide truthful and timely information regarding your property listings to us (including but not limited to its availability), will take the opportunity to check and verify such information on the easyProperty Platform, and agree not to withhold or hide anything material that in our opinion a reasonable buyer or tenant would wish to know, or otherwise mislead any potential buyer or tenant;
      • (g) will act in accordance with best industry practice in dealing with tenants and buyers;
      • (h) will respond to enquiries in a timely manner;
      • (i) will act at all times in a manner which does not in our opinion bring us into disrepute our compromise the easyProperty Platform; and
      • (j) have in place a valid EPC for the property and will make such EPC available to prospective tenants and purchasers and in your advert on the easyProperty Platform on request, provided that if you choose not to use eProp’s Third Party Service for the preparation of an EPC, you confirm that you will obtain a valid EPC from another supplier and you will supply such EPC to eProp within 28 days of your property being marketed on the easyProperty Platform. eProp will remove your advert if you do not comply with this condition; and
      • (k) have the right to permit eProp to republish the EPC you provide in relation to your property.
    2. In listing a property with easyProperty, you confirm that you are not an Estate Agent, unless otherwise agreed between us and you. You may be asked to supply proof of ownership when you list a property with us, which may include a mortgage statement, insurance document, Land Registry document and/or a signed letter from a solicitor confirming ownership. If you are marketing the property on behalf of the owner, we may require proof of your authority to do that. We reserve the right to delay the listing of, or delist, a property pending receipt of any such proof.
    3. To amend or update any information about your property or your personal details on the easyProperty Platform or to remove an advert, you should log into your Account or email your request to customerservice@easyproperty.com. Amendments or removals will be made within 2 working days of receipt of an email request. Should you wish to reinstate an advert that you have requested to be removed, further charges may apply in relation to the commencement of a new term of service.
    4. eProp shall have the right to remove any property listed on the easyProperty Platform if:
      • (a) we reasonably believe that the property is no longer available for rent or sale; or
      • (b) another user of the easyProperty Platform reports that the advert contains inaccurate or misleading information relating to the property or any other details,
      • provided that, in each case, we will attempt to contact you for confirmation that the property remains available or of the inaccurate information. If you are unable to provide such confirmation or we are unable to contact you, we will remove the advert and no refund will be provided.
  7. PURCHASING PRODUCTS AND SERVICES THROUGH THE EASYPROPERTY PLATFORM
    1. Save for Free of Charge Services and Paid-For Services (where a contract is made between you and us), contracts for the supply of goods or services facilitated via the easyProperty Platform are made directly between you and the relevant Third Party Service provider as notified to you via the easyProperty Platform, and such contracts incorporate the third party terms and conditions that will be notified to you at or before the point of purchase.
    2. Each order for services (whether Free of Charge Services, Paid-For Services or Third Party Services) you make via the easyProperty Platform (each an “Order”) shall constitute an offer by you to purchase those goods or services. Each Order for Free of Charge Services or Paid-For Services shall only be deemed to be accepted by eProp (and a contract formed between you and us) once we issue a written acceptance of each Order, which may take the form of a confirmatory email to be sent to the email address you provide to us. Unless expressly stated otherwise in the relevant service provider’s terms and conditions, each Order for services provided by a Third Party Service provider shall only be deemed to be accepted by the relevant Third Party Service provider (and a contract formed between you and that service provider) once it issues a written acceptance of each Order, which may take the form of a confirmatory email to be sent to the email address you provide to us. If you do not receive any such email(s), please let us know by contacting us at the following address customerservice@easyproperty.com.
    3. When you place an Order, eProp shall collect the fee payable by you (where applicable) in respect of such Order, as notified to you in advance via the easyProperty Platform. Where your Order is for services provided by a Third Party Service provider, eProp shall pass this on to the relevant service provider on your behalf. We are the payment agent of the service provider in that respect. Such fees may be one-time fees or recurring. If you make a purchase via the eProp Platform, you authorize eProp or any third party that processes payments for eProp to use the payment method you entered when you create your account with us, or, if different, the payment details you provide at the point of purchase. eProp will charge you at the point of purchase, or (for subscriptions) on a recurring basis.
    4. If eProp informs you that a service will be provided indefinitely or automatically on a subscription or recurring basis, you agree that eProp may automatically renew it and charge you for any renewal term. You also agree that eProp may retain your credit card or other payment information for recurring charges and for future purchases. If your Account is closed or suspended for any reason eProp may charge you for any fees, costs, surcharges, or debts (if any) pending on your Account and may prohibit you from reinstating your Account or opening a new Account until they have been paid.
    5. For Paid-For Services offered on a periodic basis (e.g., monthly), eProp will notify you of price changes at least 30 days in advance. If you do not agree to a price change for a Paid-For Service, you must cancel that Paid-For Service and stop using it. Your continued use of the Paid-For Service after the effective date of the price change will constitute your acceptance of the change. If you cancel, other than as a result of our breach of these B2B Service Terms, your Paid-For Service terminates at the end of your current service period.
    6. Unfortunately, the goods or services we or our Third Party Service providers provide as part of the services may be subject to geographical restrictions from time to time, and if they are we will endeavour to notify you of any restrictions that apply on our website.
    7. While eProp will work to ensure that any product or services information displayed via the easyProperty Platform is correct, actual product packaging and materials, or service descriptions, may contain more and different information to that displayed on our Site. All information about goods or services displayed within the Site are provided for information purposes only, are produced for the sole purpose of giving an approximate idea of the goods or services described in them, and shall not amount to a representation by eProp as to the quality or suitability of the product or service or its fitness for any particular purpose.
    8. Unless expressly indicated otherwise, eProp is not the manufacturer of any products, or the originator of any services, supplied by Third Party Service providers and sold via the easyProperty Platform. Product information on our Site relating to such Third Party Service does not form part of any contract between us, and such products and services are provided to you solely on the basis of those third party terms which will be presented to you at or before the time of purchase.
    9. It is your responsibility to ensure you read, understand and accept such these B2B Service Terms and Conditions and any applicable Third Party Service terms before you proceed with your purchase.
    10. All other warranties in relation to any goods or services provided via the easyProperty Platform are excluded as far as is permitted under applicable law.
    11. We recommend that you do not rely solely on the information presented on our Site. Please always read labels, service descriptions, warnings and directions and instructions provided as part of any Paid-For Service before use.
    12. We will try to keep our Site as up-to-date as possible, but all goods and services advertised on the Site are subject to availability and may be withdrawn by eProp or their third party service providers at any time. We will let you know if you make an offer to purchase any good or service from the Site that is no longer available for purchase.
  8. BUNDLED SERVICES AND ADD-ON SERVICES
    1. Where you order a package of bundled services, you acknowledge that the services within the package will include Free of Charge Services, Paid-For Services, and Third Party Services.
    2. You acknowledge and agree that you are required to pay the full price for a package of bundled services even if you do not use all of the services included.
    3. You may order additional individual services to add on to a package of bundled services. These additional add on services may be Free of Charge Services, Paid-For Services, and/or Third Party Services.
    4. Services within a package of bundled services and any additional add on services will be provided for the period of time indicated on the easyProperty Platform, where applicable.
    5. We reserve the right to require additional payment as a condition of accepting any order for any product bundle or add-on service relating to any property in excess of 250 square metres, or to decline any such order.
  9. CANCELLING YOUR ORDER
    1. Contracts for Third Party Services facilitated via the easyProperty Platform are made directly between you and the relevant Third Party Service provider as notified to you via the easyProperty Platform, and such contracts incorporate the third party terms and conditions that will be notified to you at or before the point of purchase.
    2. If you believe that any products or services supplied by Third Party Service providers that you have purchased via the easyProperty Platform are faulty, defective or do not conform with their description you may be entitled to a refund from the relevant service provider. Please refer to the returns policy of that particular service provider, and contact that service provider direct, if you feel you are entitled to a refund. We may assist you in resolving any complaint with a Third Party Service provider, but this does not create (should not be taken as creating) an assumption of responsibility on our behalf for any failure or delay in providing such product or service to you.
    3. If you believe that any products or services provided to you as part of a Paid-For Service purchased via the easyProperty Platform are faulty, defective or do not conform with their description you may be entitled to a refund. Please refer to our returns policy located here [INSERT LINK] if you feel you are entitled to a refund. Should we decide that you are entitled to a refund, we shall be entitled to deduct from any reimbursement to you any loss in value of any goods supplied. You will have to bear the direct cost of returning any goods supplied to you (where this is relevant).
    4. For Paid-For Services, any agreed reimbursement will be made to you using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. Reimbursement may be withheld until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
    5. Paid-For Services are provided “as is”, and eProp makes no warranty that they are fit for any particular purpose or use.
    6. Each order for Paid-For Services, once accepted, is an irrevocable contract and eProp is under no obligation to provide any reimbursement in relation to services supplied, except where otherwise stated in the relevant returns policy. You and eProp may each cancel future supply of Paid-For Services in accordance with the terms of the applicable service.
    7. Without prejudice to your cancellation rights set out in these B2B Terms, where goods or services ordered via the easyProperty Platform require access to you or a property, you are responsible for making yourself available, and/or enabling access to the relevant property, at the relevant time agreed between you and eProp, or the relevant third party service provider. You must give eProp a minimum of 24 hours’ notice if you want to cancel or reschedule an agreed appointment. If you fail to do so, you may forfeit your right to receive the relevant goods or services, or you may incur a re-scheduling fee, at eProp’s discretion, up to the full value of the fee payable for the relevant good or service. Where a Third Party Service is ordered, you should consult the terms and conditions of the relevant Third Party Service provider, as different charges may apply.
    8. We make no representations as to any income, use, excise or other tax liability that you may incur as a result of you using, or ordering products or services via the easyProperty Platform. You are solely responsible for reviewing and accounting for any such tax liability.
  10. BREACH AND FAIR USE POLICY
    • In order to protect users of our services and platform, we reserve the right to remove or edit without notice any listings we deem to be in breach of these terms, and, in that event, we may deduct the cost of any goods or services provided, along with any of our costs and expenses arising from your breach, from any full or partial refund which might otherwise be due to you in respect of any goods or services for which you have already paid at the date of removal.
    • Although we don’t expect our fair usage limits to be breached by genuine landlords or sellers, we reserve the right to remove any listings at our absolute sole discretion or make such additional charges as we deem appropriate.
  11. PASSWORDS AND AUTHORISED ACCESS
    1. Your access to the easyProperty Platform is subject to our authorisation.
    2. When you register to use the easyProperty Platform, you must provide us with current, complete and accurate information about yourself. It is up to you to keep this information up to date. If any of your details change, please update your user account. You must only access the easyProperty Platform using the ID that has been allocated to you. You must keep your ID secret and not share it with anyone else, or let anyone else use your ID, or access the easyProperty Platform on your behalf, without our prior approval. If you suspect that your ID may have been used by someone else without your consent, please let us know straight away by sending us a message through your user account.
    3. We may immediately suspend your access to our Site (including the easyProperty Platform) if we become aware of any legal regulation, claim, or restriction which requires us to do so or which may expose us to a liability or claim if we do not do so. In this situation, we shall endeavour to contact you in writing of such suspension as soon as possible.
    4. We may immediately suspend or terminate your access to the Site (including the easyProperty Platform and any goods or services) if we believe that: (a) your ID is being used by somebody else, or there has been a breach of your security or information; or (b) you may be in breach, or in danger of breaching, any Agreement with us; or (c) you have been subject to an insolvency event, including but not limited to, an inability to pay your debts, entering into negotiations with your creditors for the rescheduling of your debts, an application being made or granting of a winding up order relating to you, the appointment of an administrator, receiver or administrative receiver over you, or any equivalent action in any jurisdiction. In such situation, we shall endeavour to give you written notice of this which shall give reasonable details of the suspected breach, including evidence of the grounds for our suspicion. Where we can, we will provide to you any further information reasonably requested to explain the basis of our conclusions. In the event that we suspend or terminate your access to the Site, the easyProperty Platform or any goods or services due to your breach of any Agreement with us, we may deduct the cost of any goods or services provided, along with any of our costs and expenses arising from your breach, from any full or partial refund which might otherwise be due to you in respect of any goods or service for which you have already paid at the date of suspension or termination.
    5. Our rights of suspension or termination set out in this condition 11 are in addition to all other legal or equitable remedies available to us, including those set out in our Website Terms which can be found here easyproperty.com/terms-conditions, which rights are fully and expressly reserved by us.
    6. In the event we suspend or terminate your access, we will resume your access as soon as is reasonably practicable if the matters that gave rise to the suspension are rectified or it transpires that the suspicion was ill-founded.
  12. PROHIBITED USES
    1. You may only use our Site (including the easyProperty Platform) for lawful purposes and in accordance with our Website Terms, which can be found here easyproperty.com/terms-conditions.
  13. VARIATIONS
    1. We may revise these B2B Service Terms by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these B2B Service Terms may also be superseded by provisions or notices published elsewhere on our Site.
    2. In the event of any discrepancy or inconsistency between these B2B Service Terms and the Website Terms, the B2B Service Terms shall take precedence.
  14. GOVERNING LAWS AND JURISDICTION
    1. These B2B Service Terms (including their interpretation and any disputes arising out of, or in connection, with them) shall be construed in accordance with and governed by English Law and shall be subject to the exclusive jurisdiction of the English Courts.
These B2B Service Terms were last updated on ******. Schedule 1 Zoopla Property Group Advertising Services Additional Terms
  1. These Additional Terms shall apply in the event that you purchase (whether or not as part of a package of bundled services) the display of a single property advertisement via the Zoopla Property Group websites (ZPG) which include zoopla.co.uk, www.primelocation.com and other sites (“Zoopla Advertising Services“), which is a Paid For Service re-sold by eProp but provided by ZPG Property Group Limited, a company incorporated in England and Wales with company number 6074771 where registered office is at Harlequin Building, 65 Southwark Street, London SE1 0HR (“ZPG“).
  2. Unless otherwise stated by us, your advertisement will be displayed on the ZPG websites, depending on the service you choose at the point of purchase, for either: (i) a fixed period of three months, or (ii) a fixed period of 7 days, or (iii) in the case you choose a subscription/renewal service (which will automatically renew for a further period every 7 days) until eProp is informed that the property has been let or sold or you cancel your subscription. Where you choose a package of bundled services that includes one week’s free Zoopla Advertising Services, your subscription to the Zoopla Advertising Services will automatically renew for a further 7-day period every 7 days following the end of the first 7-day period and you shall pay the fees applicable to each 7-day period following the end of the first 7-day period, until you cancel your subscription.
  3. The Zoopla Advertising Services are not available for serviced offices.
  4. ZPG agrees to publish advertisement on certain terms and conditions, including its member terms and conditions and product specific terms and conditions. From time to time, ZPG may amend these terms and conditions at any time without prior notice, and eProp reserves the right (in its absolute discretion, but acting reasonably) to make such changes to these Paid For Service Terms as are necessary, so in its absolute discretion, acting reasonably, to reflect such changes mandated by ZPG. Any changes will be posted on the Site and become effective at the time of posting.
  5. You warrant and represent that:
    • (a) content you provide to be uploaded to ZPG (“ZPG Content“) will comply with all applicable laws, regulations and codes of practice in the United Kingdom and will not be defamatory or infringe any copyright, trade mark or other intellectual property rights or rights of any third party whatsoever, and shall not otherwise constitute a “prohibited use” as set out in our Website Terms which can be found here easyproperty.com/terms-conditions#website;
    • (b) you are responsible for the integrity of the ZPG Content which is in all respects true, complete and accurate to the best of the your knowledge and belief and you shall promptly update or correct ZPG Content on becoming aware of any errors or inaccuracies and shall provide such assistance as eProp shall reasonably require to identify and remedy any unauthorised use of ZPG Content;
    • (c) within no more than 2 working days of (i) a property going “under offer”, (ii) a sale or leasing contract being entered into in respect of a property, or (ii) the property being taken off the market you will inform eProp;
    • (d) you have the authority to market the properties in the ZPG Content;
    • (e) you hold all necessary authorities, consents and licences necessary to use, display, reproduce and publish the ZPG Content and have authority to and grant eProp a licence of the ZPG Content on the terms set out in paragraph 6;
    • (f) you shall not use ZPG’s name, the name of any ZPG group company or any logos, trade or services marks of ZPG or its group in a defamatory or derogatory manner or in any way that might bring ZPG, its group or its directors or employees into disrepute.
  6. You grant to eProp a non-exclusive, royalty free, sub-licensable, perpetual licence to copy, reproduce, display, sell, publish, adapt and otherwise use the ZPG Content or data or other information derived therefrom for any purpose whatsoever (including entering into agreements with third parties for the provision of the ZPG Content or data derived therefrom). This licence shall survive termination of these B2B Service Terms. You agree that eProp and any sub-licensee and may, but shall not be required to, identify you as the source of the ZPG Content in any other medium through which the ZPG Content or any derivative thereof is published or displayed.
  7. You acknowledge and accept that ZPG may:
    • (a) in its absolute discretion, at any time and without notice to you or eProp, remove, cause to be removed or decline to display any ZPG Content on its website(s); and
    • (b) without prejudice to ZPG’s right as set out in (a)above, require the ZPG Content to be amended at any time if ZPG considers or has reason to believe that you are in breach of contract or where it deems in its absolute discretion the ZPG Content to be of poor quality in terms of presentation, information provided or otherwise;
    • and in the event ZPG does so, eProp shall work with you in good faith to correct and remedy any objection that ZPG may have in relation to such ZPG Content so that it may be accepted by ZPG, provided that eProp cannot accept any liability for any ZPG Content which is not accepted and published by ZPG as a result of your negligent act or omission, or breach of these B2B Service Terms or any other ZPG requirements that have been notified to you in advance.
  8. You acknowledge and accept that:
    • (a) neither eProp, ZPG, nor ZPG’s group companies shall be under any obligation to monitor or censor the ZPG Content that appears on ZPG’s website(s) but eProp and/or ZPG reserves the right for itself (and its group) to do so;
    • (b) neither eProp, ZPG nor any of ZPG’s group companies is responsible for any error or omissions in any ZPG Content, except for errors introduced by eProp;
    • (c) technological failure may impede the provision of the ZPG Advertising Services or prevent access to all or any part of the ZPG Content displayed on ZPG’s website(s) ZPG and/or eProp makes no representation or warranty that such website(s), or that the ZPG Content will be accessible or available at all times, or that the whole or any part of its website(s) or the ZPG Advertising Services, or the ZPG Content will be free from error and while eProp will make reasonable endeavours to notify you in advance, ZPG may suspend temporarily or alter the operation of its website(s) or the ZPG Advertising Services without notice to eProp;
    • (d) transmission of data over the internet can be subject to delays and errors and can cause corruption of data for which neither eProp, ZPG nor any of ZPG’s group companies shall be responsible;
    • (e) ZPG may limit the number of photographs that may be displayed by you to 20 images per property;
    • (f) all intellectual property rights in the ZPG Advertising Services, technology supporting the ZPG Advertising Services and the ZPG’s website(s) vest in ZPG and/or its licensors/sub-contractors and you have no rights in, or to, such intellectual property other than the right to use the same in accordance with this contract between you and eProp.
  9. You shall not publish, disclose, reproduce or create any derivative works from any information obtained pursuant to your use of the ZPG Advertising Services unless expressly agreed in writing by eProp.
  10. You accept full liability and shall indemnify eProp on demand against any and all claims, losses, damages, costs and expenses (including reasonable legal and other professional fees) incurred by eProp or ZPG or ZPG’s group companies in relation to any third party claim arising from the ZPG Content or misuse by you of the Zoopla Advertising Services except to the extent that the foregoing results directly from the negligence of eProp.
  11. Neither eProp, ZPG (or any of ZPG’s group companies) shall be liable for any delay or non performance of the Zoopla Advertising Services caused by an event beyond their reasonable control.
  12. You acknowledge and agree that eProp may amend these Additional Terms at any time where this is required by ZPG. eProp shall post the new version of the Additional Terms on the Site.
Schedule 2 Rightmove Advertising Services Additional Terms
  1. These Additional Terms shall apply in the event that you purchase (whether or not as part of a package of bundled services) the display of a single property advertisement on Rightmove’s website (“Rightmove Advertising Services“), which are re-sold by eProp but provided by Rightmove Group Limited, a company incorporated in England and Wales with company number 03997679 whose registered office is at Turnberry House, 30 Caldecotte Lake Drive, Caldecotte, Milton Keynes MK7 8LE (“Rightmove“).
  2. Unless otherwise stated by us, your advertisement will be displayed on the Rightmove website, depending on the service you choose at the point of purchase for either: (i) a fixed period of three months, or (ii) a fixed period of 7 days, or (iii) in the case you choose a subscription/renewal service (which will automatically renew for a further period every 7 days) until eProp is informed that the property has been let or you cancel your subscription. Where you choose a package of bundled services that includes one week’s free Rightmove Advertising Services, your subscription to the Rightmove Advertising Services will automatically renew for a further 7-day period every 7 days following the end of the first 7-day period and you shall pay the fees applicable to each 7-day period following the end of the first 7-day period, until you cancel your subscription.
  3. eProp shall have the right to make any changes to the Rightmove Advertising Services which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Rightmove Advertising Services.
  4. eProp does not warrant that any of the Rightmove Advertising Services will be provided without interruption or error-free, as Rightmove reserves the right to suspend all or part of the Rightmove Advertising Services as may be necessary to undertake routine or emergency maintenance from time to time.
  5. You shall:
    • (a) ensure that any information that you provide or upload for display on Rightmove (“Rightmove Content”) is complete, accurate and not misleading and complies with all applicable laws, regulations and codes of practice in the United Kingdom and will not be defamatory or infringe any copyright, trade mark or other intellectual property rights or rights of any third party whatsoever, and shall not otherwise constitute a “prohibited use” as set out in our Website Terms which can be found easyproperty.com/terms-conditions#website; and ;
    • (b) co-operate with eProp in all matters relating to the Rightmove Advertising Services; and
    • (c) observe and perform any obligations or restrictions and comply with such policies and guidelines as are required by Rightmove of which eProp shall inform you.
  6. You grant to eProp and Rightmove a non-exclusive, perpetual, sub-licensable, worldwide, royalty-free licence to use the Rightmove Content (either on its own or in combination with other data owned by us or Rightmove or licenced to us or Rightmove) as part of, or in conjunction with:
    • (a) the provision of the Rightmove Advertising Services;
    • (b) marketing activities;
    • (c) the development, provision and promotion of new products and services from time to time provided by us or Rightmove or any member of its group;
    • and you accept and acknowledge that Rightmove may transfer or sell all or any part of the Rightmove Content to third parties for use or publication by them or to enable them to provide a service to Rightmove or you.
  7. You acknowledge and agree that Rightmove may at any time refuse to upload onto its websites or may remove from its websites any or all Rightmove Content which in Rightmove’s reasonable opinion:
    • (a) is or could be inaccurate, offensive, illegal or immoral;
    • (b) does or could potentially infringe any third party intellectual property rights or contain any third party confidential information;
    • (c) does or could cause harm to others or to Rightmove (or both);
    • (d) is provided or published on Rightmove’s website against the wishes of the actual owner of the property to which the Rightmove Content relates.
  8. You warrant that the Rightmove Content:
    • (a) is within your exclusive ownership and control;
    • (b) will not (in Rightmove’s reasonable opinion) have a detrimental affect on the availability, functionality or quality of Rightmove’s website.
    • (c) is free from viruses;
    • (d) does not, when reformatted by Rightmove and published on Rightmove’s website, breach any law or regulation (including any relevant legislation and codes) and does not infringe any third party intellectual property rights.
  9. Except where any breach is caused by eProp, you shall indemnify and hold eProp harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by eProp as a result of or in connection with:
    • (a) any alleged or actual infringement, whether or not under English law, of any third party’s intellectual property right or other rights arising out of the use or supply of the Rightmove Content; or
    • (b) any breach by you of the contract or any negligent act or omission committed by you.
  10. You acknowledge and agree that eProp may amend these Additional Terms at any time where this is required by Rightmove. eProp shall post the new version of the Additional Terms on the Site.
Schedule 3 Deposit Service Additional Terms
  1. These Additional Terms shall apply in the event that you purchase the Deposit Service via the easyProperty Platform (whether or not as part of a package of bundled services). When you choose this Service, and unless we notify you otherwise in writing, your tenant deposits will be held and managed directly by the deposit protection scheme provider notified to you by eProp from time to time (“Scheme Provider”). You will be entering into a direct contract with the Scheme Provider and you must abide at all times by the rules of the scheme that shall be notified to you from time to time (“Scheme Rules”).
  2. eProp shall arrange for the deposits to be forwarded to the Scheme Provider in accordance with this Schedule 3. This is an arrangement only service and you acknowledge that eProp does not operate, administer, manage or exert any control over the management of the deposit scheme, and eProp does not accept any responsibility for doing so.
  3. You will procure that all tenants pay the relevant deposits to eProp who will arrange for the deposits to be forwarded to the Scheme Provider. Unless specifically notified to you in writing, eProp does not hold any deposit monies itself and the deposits will be held and managed by the Scheme Provider in accordance with the terms of your assured shorthold tenancy agreement, the Housing Act 2004 and the Scheme Rules. In the event of any inconsistency between the Scheme Rules and this Schedule 3, the Scheme Rules shall prevail.
  4. eProp’s administration fee to arrange your participation in the scheme is as set out on the easyProperty Platform from time to time.
  5. eProp will pay deposits to the Scheme Provider within 30 days of receiving them, unless some other time period is permitted or mandated by the Scheme Rules (“Payment Date”). Any interest earned on deposits will be retained by the Scheme Provider in accordance with the Scheme Rules, unless we or the Scheme Provider notify you otherwise. If in the future the government or the Scheme Provider decide to return interest sums, such sums will be returned in accordance with any future regulations governing such returns.
  6. Landlords, prior to ordering this service via the easyProperty Platform, must cancel any arrangements that they have made with their tenants or letting agents for the management of tenancy deposits. They must arrange for the deposit sum to be transferred to E-Prop Limited. E-Prop Limited will arrange for the transfer of such sums to the Scheme Provider within the Payment Date.
  7. The landlord and tenant both acknowledge and accept that eProp shall not be involved in any dispute resolution between them, and that the landlord and tenant will need to raise disputes and deal with them directly with the Scheme Provider. You must abide by the Scheme Provider’s dispute resolution procedure.
  8. Within ten days of termination of any tenancy (unless a different timescale is notified to you by us) (“Deadline Date”), landlords must inform us of the sum of money to be returned to the tenant and landlord out of the deposit. Once both landlord and tenant have agreed to the sum to be returned to the tenant and the sum to be retained by the landlord, E-Prop Limited will liaise with the Scheme Provider to arrange the return of those sums to landlord and tenant. Should you fail to finalise deductions with us within the Deadline Date, we reserve the right for the Scheme Provider to release some or all of the deposit to the tenant.
  9. Should landlord and tenant fail to agree to the sum to be returned to either party respectively, the landlord must inform eProp within the Deadline Date. In this case, eProp may require the landlord to create an account directly with the Scheme Provider and eProp will then arrange to transfer management of the deposit to the landlord. The landlord will then have responsibility for negotiating with the tenant the proportion of the deposit to be returned to landlord and tenant respectively using the relevant Scheme Provider’s dispute resolution service. You must abide by the Scheme Provider’s dispute resolution procedure.
  10. eProp will not accept responsibility for the failure of any item of claim over the sum of the deposit which is a result of the landlord’s failure to provide the necessary information to us within the requisite Deadline Date or the landlord’s failure to abide by the Scheme Rules.
Schedule 4 Provision of Assured Shorthold Tenancy Agreement Additional Terms
  1. These Additional Terms shall apply in the event that eProp agrees to provide and facilitate the signing of your assured shorthold tenancy agreement (“Contract”) (whether or not as part of a package of bundled services).
  2. Signing will take place via a manual or electronic process notified to you by eProp from time to time.
  3. You agree to the use of electronic signatures in all Contracts which tenants enter into with eProp or with yourself.
  4. You accept and acknowledge that Contracts which have been signed “electronically” (whether by email or website authentication) shall be treated by you as being binding and admissible in evidence at court. For these purposes, an electronic signature is data in electronic form which is attached to or logically associated with a document, instruction or other electronic data and which serves to authenticate such document, instruction or data.
  5. You agree that the purpose and function of such electronic signatures is the same as signatures made in wet ink, namely to indicate the signatory’s intention to be legally bound by the agreement on which the signature appears.
  6. You agree that you will not challenge the validity of any agreement signed by electronic signature on the basis of its being signed electronically.
  7. Once a landlord accepts a tenant’s offer, then;
    • Where Contracts are to be signed electronically, copies of the Contract shall be emailed to landlords and tenants and any other relevant parties by eProp, or otherwise made available via the easyProperty Portal, and landlords shall be responsible for providing eProp with correct and up to date contact information (including email addresses of each relevant tenants). eProp accepts no liability for any delay or failure caused by landlords submitting incorrect details (including email addresses). It shall be the landlord’s responsibility to procure that each of its tenants agrees to (and does in fact) sign copies of the Contract electronically promptly following receipt of the Contract from eProp; and
    • Where contracts are to be printed and executed in ink on paper, landlords must sign and return one copy of the Contract to eProp and must procure that each tenant signs and return a copy of the Contract in a prompt fashion to eProp.
  8. eProp shall take reasonable steps to securely store all signed copies of Contracts received by the landlord for the duration of the tenancy, but the landlord and each tenant should each retain a signed copy of each Contract for their own records.
  9. eProp accepts no liability for any delay or failure to proceed with a rental of property that is due to the landlord’s failure to comply with, or procure, any of its obligations under this Agreement.
Schedule 5 Board Erection Services Additional Terms
  1. These Additional Terms shall apply in the event that you purchase (whether or not as part of a package of bundled services) board erection, letting and associated services (“Board Letting Services“), which are re-sold by eProp but provided by Countrywide Signs Limited, a company incorporated under the Companies Act with registered number 03594528 and having its registered office 74 The Close, Norwich, Norfolk NR1 4DR (“Countrywide”).
  2. Where we provide you with a property advertising board to be displayed outside your property for sale or rent (“Board”) you accept and acknowledge that the Board is, and shall remain, the legal property of eProp and you shall maintain the Boards and all other property of eProp in your possession in the same condition in which it was received by you and shall take all reasonable steps to protect the Board from loss, damage and/or theft. In the event that the Board is damaged, lost or stolen due to your negligent act or omission or breach of these Paid For Service Terms, eProp reserves the right to charge you for the full replacement cost of the Board.
  3. You shall keep the Board in safe custody and shall not sell, rent, dispose of, mortgage, pledge, take security over, deface, devalue or otherwise deal in any way with the Board without our express written permission.
  4. Boards may be provided in conjunction with Zoopla Advertising Services, or Rightmove Advertising Services or other property marketing services offered by eProp, and in such cases the Boards shall be provided for the duration that you purchase such services from eProp. Where a Board is provided to you independently of such service, then the Board shall be provided to you for the duration notified to you by eProp at the time of purchase.
  5. You shall provide full co-operation and assistance to eProp and its agents and subcontractors (including Countrywide), and shall ensure that your property is adequately accessible and capable of accommodating a Board, so that the Board(s) can be installed or erected at the agreed time and place, and you will communicate to eProp reasonably in advance any access restrictions, or other issues that may prevent or delay the same.
  6. You warrant, represent and undertake to eProp that you have all necessary consents, approvals, licenses and other permissions (“Consents”) necessary to allow a Board to erected on the relevant property and you will communicate to eProp as soon as possible if any such Consents are withdrawn or no longer apply. You further warrant and represent to eProp that the erection of Boards is not prohibited at the property. You acknowledge that, normally, the erection of only one Board is permitted by law, and agree to notify eProp immediately if another Board is erected at the property.
  7. You must inform eProp within no more than 2 working days of (i) the relevant property going “under offer”, (ii) a sale or leasing contract being entered into in respect of the relevant property, or (ii) the property being taken off the market.
Schedule 6 Energy Performance Certificate Services Additional Terms
  1. This Schedule 6 shall apply in the event that you purchase (whether or not as part of a package of bundled services) an Energy Performance Certificate (“EPC“), which are re-sold by eProp but provided by Evolve Partnership Limited, a company having its registered office at North Fareham Farm, Pook Lane, Wickham, Fareham, Hampshire, PO17 6LU (“Evolve”).
  2. An agent from Evolve will contact you, the landlord (or person you appoint to act on your behalf), within 5 working days from your initial order, to arrange a suitable time for an engineer to be sent to the property and for the work to be carried out. If you, or someone you appoint, fails to meet the engineer at the property at the agreed date and time you will be charged a fee and could forfeit the EPC service.
  3. Following completion of the works you will be sent a copy of the EPC, the EPC will be added to the necessary register and eProp shall add the relevant EPC information to your listing if you have chosen to advertise it on eProp sites.
  4. You shall provide full co-operation and assistance to eProp and its agents and subcontractors (including Evolve), and shall ensure that your property is adequately accessible and safe for the necessary work to be carried out, and you will communicate to eProp reasonably in advance any access restrictions, or other issues that may prevent or delay the same.
  5. You warrant, represent and undertake to eProp that you have all necessary consents, approvals, licenses and other permissions (“Consents”) necessary to allow this work to be carried out on the relevant property and you will communicate to eProp as soon as possible if any such Consents are withdrawn or no longer apply.
  6. eProp shall not be liable for the use of any EPC, for the information contained in it or its use for any purpose other than that for which it is expressly provided. eProp shall not be liable for any damages, loss or claims (whether direct or indirect) arising out of or in connection with the use or reliance upon any EPC.
Schedule 7 Property Management Services Additional Terms
  1. These Additional Terms shall apply in the event that you use (whether or not as part of a package of bundled services) our property management services for your rented property (“Property Management Services“). These services are provided directly by eProp.
  2. The Property Management Services will be provided for the period of time stated on the easyProperty Platform at the time you place your Order, unless you choose a package of bundled services, or take up a promotional offer, that includes a period (for example, six (6) months) of free Property Management Services, in which case, eProp will contact you by phone and email before the expiry of the free period and offer you the opportunity to:
    • (a) cancel your subscription to the Property Management Services; or
    • (b) sign up to a subscription to the Property Management Services for the applicable period and at the applicable rate specified on the Site or in the promotional offer at the applicable time.
    • If you do not choose either 2(a) or 2(b) above, your subscription to the Property Management Services will automatically renew for a further period, as specified in the description of the package of bundled services, or the terms of the promotional offer. In the absence of such specified renewal terms, your Property Management Services will automatically renew for a further period of six (6) months following the end of the initial free period. You shall pay fees for the applicable renewal term at the rate set out in the description of the package of bundled services or the terms of the promotional offer. In the absence of such specified renewal terms, you shall pay fees for the six month period at the applicable rate specified on the Site from time to time. You may cancel your subscription with effect from the end of any renewal period by sending an email providing at least 30 days’ notice of cancellation to customerservice@easyproperty.com.
  3. eProp will contact you by phone and email before the expiry of any renewal period and offer you the opportunity to:
    • (a) cancel your subscription to the Property Management Services; or
    • (b) sign up to a subscription to the Property Management Services for a further period.
    • If you do not choose either 3(a) or 3(b) above, your subscription to the Property Management Services will automatically renew for a further period, as specified in the description of the package of bundled services, or the terms of the promotional offer. In the absence of such specified renewal terms, your Property Management Services will automatically renew for a further period of 12 months following the end of the initial six (6) month renewal period. You shall pay fees for the 12 month period of the applicable renewal term at the rate set out in the description of the package of bundled services or the terms of the promotional offer. In the absence of such specified renewal terms, you shall pay fees for the 12 month period at the applicable rate specified on the Site from time to time.
  4. eProp shall have the right to make any changes to the Property Management Services which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Property Management Services.
  5. eProp does not warrant that any of the Property Management Services will be provided without interruption or error-free.
  6. You shall:
    • (a) ensure that any information about the property, keys, or instructions you provide in relation to the Property Management Services are correct;
    • (b) co-operate with eProp in all matters relating to the Property Management Services; and
    • (c) observe and perform any obligations or restrictions and comply with such policies and guidelines as are required by eProp of which eProp shall inform you.
  7. You warrant that you are the legal owner and have all rights, titles and permissions to act as a landlord for the property for which you order Property Management Services or have been granted all rights, titles and permissions to act on behalf of the legal owner in those capacities.
  8. You warrant that where your property is a House in Multiple Occupation (“HMO”), that you have in place the appropriate HMO licence required by applicable law. You acknowledge and agree that eProp shall be under no obligation to obtain such HMO licence in relation to your property in the course of providing the Property Management Services, and you shall indemnify and hold eProp harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by eProp as a result of or in connection with any failure to obtain an applicable HMO licence.
  9. Except to the extent that any liability is caused by eProp, you shall indemnify and hold eProp harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by eProp as a result of or in connection with any instructions given by you in relation to the provision of the Property Management Services.
  10. As part of the Property Management Service, eProp may, from time to time, provide you with template forms of termination notice that may be used in relation to your property. Should eProp agree to do so, in no circumstances shall such service be deemed to include (nor shall eProp be held responsible for):
    • (a) Organising, or effecting, the legal service of such notices on any third party (be they tenants or otherwise);
    • (b) providing legal advice or assistance in relation to the suitability or such notices, or their legal effect (whether intended or actual), or;
    • (c) providing legal advice or assistance in connection with any disputes between you or any third party in connection with such notice (be they tenants or otherwise);
    • In particular, you acknowledge and accept that it is your responsibility to satisfy yourself that a notice is suitable and appropriate in the circumstances, and that the factual background set out in such notice is true, complete and accurate. eProp is not able, or qualified, to advise on when, how and if such notices should be served and you should seek independent legal advice in relation to the same.
Schedule 8 Residential Lettings Services Additional Terms
  1. These Additional Terms shall apply in the event that you use (whether or not as part of a package of bundled services) residential lettings services to advertise the availability of your residential property to prospective tenants (“Residential Lettings Services“). The services are provided directly by eProp.
  2. The Residential Lettings Services will be provided for the period of time stated on the easyProperty Platform at the time you place your Order.
  3. eProp shall have the right to make any changes to the Residential Lettings Services which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Residential Lettings Services.
  4. eProp does not warrant that any of the Residential Lettings Services will be provided without interruption or error-free.
  5. You shall:
    • (a) ensure that any information you provide about the property is correct;
    • (b) co-operate with eProp in all matters relating to the Residential Lettings Services;
    • (c) observe and perform any obligations or restrictions and comply with such policies and guidelines as are required by eProp, of which eProp shall inform you; and
    • (d) comply with all relevant legal requirements in relation to your property advertised via the Residential Lettings Service, including but not limited to:
      • (i) having in place any applicable, up to date gas or electricity safety certificates;
      • (ii) where applicable, obtaining permission from the mortgage lender to let out your property;
      • (iii) insuring your property as appropriate;
      • (iv) ensuring that all furnishings provided in your property comply with relevant fire safety regulations;
      • (v) paying all taxes applicable to your property (including tax on rental income and council tax if not payable by a current tenant);
      • (vi) as applicable, arranging standing order payments or the provision of a rent book to facilitate the tenant’s rental payments on a monthly or weekly basis;
      • (vii) transferring all utility bills into the tenant’s name;
      • (viii) protecting the tenant’s deposit in a suitable tenancy deposit scheme;
      • (ix) obtaining an energy performance certificate (“EPC”) and providing a copy for inclusion in your advertisement on the easyProperty Platform.
  6. Where you do not provide a valid copy of an EPC for your property when requested, eProp may refuse to list or remove your advertisement from the easyProperty Platform.
  7. You warrant that you are the legal owner and have all rights, titles and permissions to act as a landlord for the property for which you order Residential Lettings Services or have been granted all rights, titles and permissions to act on behalf of the legal owner in those capacities.
  8. You agree that any dispute between a landlord and a tenant who have used the Residential Lettings Service will be resolved solely by the landlord and tenant, and that eProp shall have no responsibility or liability for any disputes that arise during the term of a relevant tenancy.
  9. Except to the extent that any liability is caused by eProp, you shall indemnify and hold eProp harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by eProp as a result of or in connection with any instructions given by you in relation to the provision of the Residential Lettings Services.
Schedule 9 Commercial Lettings Services Additional Terms
  1. These Additional Terms shall apply in the event that you use (whether or not as part of a package of bundled services) commercial lettings services to advertise the availability of your commercial property to prospective tenants (“Commercial Lettings Services“). These services are provided directly by eProp.
  2. The Commercial Lettings Services will be provided for the period of time stated on the easyProperty Platform at the time you place your Order.
  3. eProp shall have the right to make any changes to the Commercial Lettings Services which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Commercial Lettings Services.
  4. eProp does not warrant that any of the Commercial Lettings Services will be provided without interruption or error-free.
  5. You shall:
    • (a) ensure that any information you provide about the property is correct;
    • (b) co-operate with eProp in all matters relating to the Commercial Lettings Services;
    • (c) observe and perform any obligations or restrictions and comply with such policies and guidelines as are required by eProp, of which eProp shall inform you; and
    • (d) comply with all relevant legal requirements in relation to your property advertised via the Commercial Lettings Service, including but not limited to:
      • (i) having in place any applicable, up to date gas or electricity safety certificates (where applicable);
      • (ii)where applicable, obtaining permission from the mortgage lender to let out your property;
      • (iii)insuring your property as appropriate;
      • (iv) ensuring that the premises comply with relevant fire safety regulations;
      • (v) paying all taxes applicable to your property (including tax on rental income and business rates if not payable by a current tenant);
      • (vi) as applicable, arranging standing order payments to facilitate the tenant’s rental payments on a monthly or quarterly basis;
      • (vii) transferring all utility bills into the tenant’s name;
      • (viii) obtaining an energy performance certificate (“EPC”) and providing a copy for inclusion in your advertisement on the easyProperty Platform; and
      • (ix) obtaining all necessary planning permission for the proposed permitted use (including any signage);
      • (x) having in place all necessary asbestos records and reports in accordance with the Control of Asbestos Regulations; and
      • (xi) ensuring that the property is compliant with the Disability Discrimination Act.
  6. Where you do not provide a valid copy of an EPC for your property when requested, eProp may refuse to list or remove your advertisement from the easyProperty Platform.
  7. You warrant that you are the legal owner and have all rights, titles and permissions to act as a landlord or assignor for the property for which you order Commercial Lettings Services or have been granted all rights, titles and permissions to act on behalf of the legal owner or assignor in those capacities.
  8. You agree that any dispute between a landlord and a tenant who have used the Commercial Lettings Service will be resolved solely by the landlord and tenant, and that eProp shall have no responsibility or liability for any disputes that arise during the term of a relevant tenancy.
  9. Except to the extent that any liability is caused by eProp, you shall indemnify and hold eProp harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by eProp as a result of or in connection with any instructions given by you in relation to the provision of the Commercial Lettings Services.
Schedule 10 Residential Sales Services and Commercial Sales Services Additional Terms
  1. These Additional Terms shall apply in the event that you use (whether or not as part of a package of bundled services) residential sales services to advertise the availability of your residential property to prospective purchasers (“Residential Sales Services“) or commercial sales services to advertise the availability of your commercial property to prospective purchasers (“Commercial Sales Services“). These services are provided directly by eProp.
  2. The Residential Sales Services or Commercial Sales Services will be provided for the period of time stated on the easyProperty Platform at the time you place your Order (“Service Period”).
  3. eProp shall have the right to make any changes to the Residential Sales Services or Commercial Sales Services which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Residential Sales Services or Commercial Sales Services.
  4. eProp does not warrant that any of the Residential Sales Services or Commercial Sales Services will be provided without interruption or error-free.
  5. You shall:
    • (a) ensure that any information you provide about the property is correct;
    • (b) co-operate with eProp in all matters relating to the Residential Sales Services or Commercial Sales Services;
    • (c) observe and perform any obligations or restrictions and comply with such policies and guidelines as are required by eProp, of which eProp shall inform you; and
    • (d) comply with all relevant legal requirements in relation to your property advertised via the Residential Sales Service or Commercial Sales Services, including obtaining an energy performance certificate (“EPC”) and providing a copy for inclusion in your advertisement on the easyProperty Platform.
  6. Where you do not provide a valid copy of an EPC for your property when requested, eProp may refuse to list or remove your advertisement from the easyProperty Platform.
  7. You warrant that you are the legal owner and have all rights, titles and permissions to sell the property for which you order Residential Sales Services or Commercial Sales Services or have been granted all rights, titles and permissions to act on behalf of the legal owner in those capacities.
  8. By purchasing Residential Sales Services you are instructing eProp to act as your agent in the sale of your property for the Service Period and we hereby confirm such appointment.
  9. You agree that any dispute between a seller and a purchaser who have used the Residential Sales Services or Commercial Sales Services will be resolved solely by the seller and purchaser, and that eProp shall have no responsibility or liability for any disputes that arise in relation to a relevant transaction.
  10. Except to the extent that any liability is caused by eProp, you shall indemnify and hold eProp harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by eProp as a result of or in connection with any instructions given by you in relation to the provision of the Residential Sales Services or Commercial Sales Services.
  11. You may choose either to pay immediately or to use the “deferred payment” option for our Residential Sales Service at the time of ordering. Should you choose the deferred payment option, you will be required to enter into a Finance Agreement with our subsidiary, E-Prop Limited, for the amount due, which will be repayable at the date set out in the Finance Agreement and on the terms of the Finance Agreement. In order to use the deferred payment option, you agree that we can disclose to E-Prop Limited the details that you have provided to us. You agree that E-Prop Limited may carry out identity and credit checks using your personal details. Deferred payment is only available to UK-resident individuals. It is a condition of the use of the deferred payment option that you use the services of conveyancers nominated by us to act on your behalf on the sale of your property.
  12. If you do not wish to use the services of our nominated conveyancers to act on your behalf on the sale of your property, you should pay immediately at the time of ordering our Residential Sales Service. If, after having chosen to use the deferred payment option for our Residential Sales Service, you decide not to use the services of our nominated conveyancers, you will be required to pay us an additional fee of £350 on the sale of your property.
Schedule 11 Negotiation Management and Deal Progression Services Additional Terms
  1. These Additional Terms shall apply in the event that you use (whether or not as part of a package of bundled services) negotiation management and deal progression services to progress the letting or sale of your property to prospective tenants or purchasers (“Deal Progression Services“). These services are provided directly by eProp. You are required to understand and accept our terms and conditions prior to instructing us on the sale of, or completion of a lease with market value on, your property, in accordance with the Estate Agents Act 1979. Our terms and conditions are contained in our B2B Service Terms, these Additional Terms and any other Additional Terms that relate to the services which you have ordered from eProp.
  2. The Deal Progression Services will be provided for the period of time stated on the easyProperty Platform at the time you place your Order.
  3. eProp shall have the right to make any changes to the Deal Progression Services which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Deal Progression
  4. eProp does not warrant that any of the Deal Progression Services will be provided without interruption or error-free.
  5. You shall:
    • (a) ensure that any instructions you provide to eProp are correct;
    • (b) co-operate with eProp in all matters relating to the Deal Progression Services; and
    • (c) observe and perform any obligations or restrictions and comply with such policies and guidelines as are required by eProp, of which eProp shall inform you.
  6. You warrant that you are the legal owner and have all rights, titles and permissions to let or sell the property for which you order Deal Progression Services or have been granted all rights, titles and permissions to act on behalf of the legal owner in those capacities.
  7. Where you instruct eProp to carry out Deal Progression Services in relation to a letting which results in an assured shorthold tenancy or another lease which may not be transferred for value, eProp shall progress negotiations with the prospective tenant in accordance with your instructions.
  8. Where you instruct eProp to carry out Deal Progression Services in relation to a residential or commercial sale, or a letting resulting in a lease which may be transferred for value, eProp shall progress negotiations with the prospective purchaser or tenant in accordance with your instructions and eProp shall do the following:
    • (a) forward to you in writing all offers from prospective purchasers or tenants within 2 working days of receipt; and
    • (b) once a sale or a letting as described above has been agreed, eProp will prepare and send out a Memorandum of Sale or a Memorandum of Lease to you, to the prospective purchaser or tenant, and to the solicitors involved.
  9. eProp is not aware of any personal interest between eProp or anyone in our employment or any connected person(s) and you, unless we inform you otherwise. If you become aware of such an interest, please notify eProp immediately.
  10. The only fee payable in relation to the Deal Progression Services is the fee set out on the Site and payable at the time you place your Order (and, if indicated on the Site, payable periodically thereafter). eProp does not operate a commission structure and there are no additional one-off or recurring fees in relation to the Deal Progression Services.
  11. Except to the extent that any liability is caused by eProp, you shall indemnify and hold eProp harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by eProp as a result of or in connection with any instructions given by you in relation to the provision of the Deal Progression
  12. eProp confirms that it is a member of The Property Ombudsman scheme and subscribe to its code of practice.
Schedule 12 Prospective Tenant Enquiry Management Services Additional Terms
  1. These Additional Terms shall apply in the event that you use (whether or not as part of a package of bundled services) services to manage enquiries from prospective tenants in response to your advertisement for a commercial or residential property to let (“Enquiry Management Services“). These services are provided directly by eProp.
  2. The Enquiry Management Services will be provided for the period of time stated on the easyProperty Platform at the time you place your Order.
  3. eProp shall have the right to make any changes to the Enquiry Management Services which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Enquiry Management Services.
  4. eProp does not warrant that any of the Enquiry Management Services will be provided without interruption or error-free.
  5. You shall:
    1. (a) ensure that any instructions you provide to eProp are correct;
    2. (b) co-operate with eProp in all matters relating to the Enquiry Management Services; and
    3. (c) observe and perform any obligations or restrictions and comply with such policies and guidelines as are required by eProp, of which eProp shall inform you.
  6. Where you instruct eProp to carry out Enquiry Management Services, eProp shall receive enquiries from prospective tenants and schedule viewings on your behalf in accordance with your instructions.
  7. You warrant that you are the legal owner and have all rights, titles and permissions to act as a landlord for the property for which you order Enquiry Management Services or have been granted all rights, titles and permissions to act on behalf of the legal owner in those capacities.
  8. You agree that any dispute between a landlord and a tenant who have used the Enquiry Management Service will be resolved solely by the landlord and tenant, and that eProp shall have no responsibility or liability for any disputes that arise during the term of a relevant tenancy.
  9. Except to the extent that any liability is caused by eProp, you shall indemnify and hold eProp harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by eProp as a result of or in connection with any instructions given by you in relation to the provision of the Enquiry Management Services.
Schedule 13 Click to Purchase Services Additional Terms
  1. These Additional Terms shall apply in the event that you use (whether or not as part of a package of bundled services) electronic contract exchange and completion facilities via the Site, whether as a sale by private treaty (negotiated directly between you and the buyer or between each party’s agents), binding sealed bids or an online auction, as further described on the Site (“Click to Purchase Services“). These services are a Paid-For Service re-sold by eProp but provided by Click to Purchase No 2 Limited (trading as Click to Purchase Property), a company incorporated in England and Wales with company number 07133312 whose registered office is at 2nd Floor, Titchfield House, 69/85 Tabernacle Street, London EC2A 4RR and whose principal place of business is at 94-96 Wigmore Street, London W1U 3RF (“CTP”).
  2. The Click to Purchase Services will be provided for the period of time stated on the Site at the time you place your Order.
  3. CTP shall have the right to make any changes to the Click to Purchase Services which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Click to Purchase Services.
  4. Neither eProp nor CTP warrant that the Click to Purchase Services will be provided without interruption or error-free.
  5. The Click to Purchase Services are provided via a mini-site linked to the Site, which is hosted by CTP. To use the Click to Purchase Services you must agree to and comply with the terms and conditions, privacy policy and cookie policy for CTP’s website www.clicktopurchase.com (the “CTP Terms”), which apply between you and CTP.
  6. You shall:
    • (a) ensure that any instructions you provide to eProp and/or CTP are correct and carefully and diligently complete the listing details in respect of your property to include all relevant particulars of the property and ensure they are complete and accurate, nominate the method(s) of sale and any relevant criteria (such as any completion and deposit requirements);
    • (b) upload the documents listed in the Annex below (including any other documents, or updated versions of such documents, that may be required by eProp and/or CTP and notified to you from time to time) to the electronic data room created for your property (the “Data Room”) linked to the Site;
    • (c) co-operate with eProp and CTP in all matters relating to the Click to Purchase Services, including responding promptly to all enquires from buyers and potential buyers of your property;
    • (d) observe and perform any obligations or restrictions and comply with such policies and guidelines as are required by eProp and/or CTP, of which eProp and/or CTP shall inform you;
    • (e) be responsible for any photographs, plans or illustrations of your property that you wish to include in your listing on the Click to Purchase Services, including their accuracy and completeness;
    • (f) assist eProp and CTP in carrying out identity checks on all potential buyers of your property by the buyers’ solicitors prior to approving them to make an offer on your property;
    • (g) comply with the terms and conditions and policies pursuant to paragraph 5 above and with any rules for use of the Click to Purchase Services of which eProp and/or CTP may inform you from time to time;
    • (h) notify eProp in writing within five days of a sale of your property being completed by any means and include the total sale price in such notification;
    • (i) where required, procure written instructions from your solicitors (addressed to eProp or to CTP, as requested) on accepting, rejecting or ignoring offers and to confirm the reserve price for each auction;
    • (j) where required, procure confirmation from your solicitors of the completeness and accuracy of information in the Data Room for your property; and
    • (k) permit eProp and CTP to perform money laundering checks on any potential buyer of your property before they may be allowed to place a bid or offer for your property via the Click to Purchase Services.
  7. You acknowledge and agree that the Click to Purchase Services shall not include legal advice (including without limitation, the drafting or negotiation of any terms and conditions for the sale of your property or variations to standard sale conditions) or regulatory compliance services.
  8. You acknowledge that eProp and/or CTP may remove a listing of your property from the Click to Purchase Service if in the reasonable opinion of eProp and/or CTP that listing is unsuitable including without limitation a belief that information supplied is inaccurate, incomplete or not verified by your solicitors.
  9. You warrant that you are the legal owner and have all rights, titles and permissions to let or sell the property for which you order Click to Purchase Services or have been granted all rights, titles and permissions to act on behalf of the legal owner in those capacities.
  10. You acknowledge and agree that eProp and CTP have your authority to offer your property for sale via the Click to Purchase Services (including by auction if applicable) and to complete (or organise completion as the case may be) the relevant parts of any documents required to effect the sale of your property via the Click to Purchase Services, including the authority to digitally sign contracts on a Property on behalf of the seller for the purpose of effecting an exchange of contracts when an offer is accepted or an auction successfully concluded.
  11. You warrant that you have all rights in, or have the permission of the rights holder to licence the use of, any photographs, plans and illustrations that you provide in relation to the Click to Purchase
  12. The only fee payable in relation to the Click to Purchase Services is the fee set out on the Site and payable at the time you place your Order (and, if indicated on the Site, payable periodically thereafter). eProp does not operate a commission structure and there are no additional one-off or recurring fees in relation to the Click to Purchase
  13. eProp and CTP shall have the right:
    • (a) where you are in default of the obligations set out in these Click to Purchase Services Additional Terms, to suspend performance of the Click to Purchase Services until you remedy your default, and where your default prevents or delays eProp and/or CTP from performing its obligations, neither eProp nor CTP shall be liable for such failure to perform or delay and shall not be required to reimburse you; and
    • (b) to suspend or terminate your use of the Click to Purchase Services where eProp no longer has the right to provide the Click to Purchase Services, and in such circumstances, eProp shall reimburse you all amounts you have paid in respect of the Click to Purchase
  14. Except to the extent that any liability is caused by eProp or CTP, you shall indemnify and hold eProp and CTP harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by eProp as a result of or in connection with any instructions given by you in relation to the provision of the Click to Purchase Services.
  15. Where you have chosen a Click to Purchase Service involving an online auction (if available), the following terms shall apply:
    • (a) you may elect for your property to be offered for sale by auction either (i) as the sole lot in an auction; (ii) as one lot in an auction of a number of your properties; or (iii) as one lot in an auction containing properties represented by eProp (subject to such auctions being available);
    • (b) you acknowledge that your preferred start time for an auction may not be available, that any date suggested for an auction is provisional only and there may be circumstances in which eProp and/or CTP has to cancel an auction completely. In the event that an auction is re-scheduled, eProp and/or CTP will agree the revised date with you in writing;
    • (c) you agree that you shall comply with any reasonable requests of eProp and CTP in relation to an auction of your property, including in relation to the regulation of bidding during an auction;
    • (d) you acknowledge that the inclusion of your property in any particular proposed auction is subject to timely receipt of information regarding your property;
    • (e) you authorise eProp and CTP: (i) to bid on your behalf at our discretion up to the reserve amount for your property and to withdraw your property as unsold if the reserve is not reached; (ii) to intervene in the auction process as far as permitted by law and the CTP Terms in order to ensure the lawful and efficient running of the service, including by taking reasonable steps to regulate bidding and to refuse undesirable bids at our discretion; and (iii) in the event of a dispute as to any bid to determine the dispute and to put up your property again at the last undisputed bid;
    • (f) eProp may withdraw your property from the Click to Purchase Services if you instruct us to offer your property at a reserve price higher than eProp is prepared to agree; and
    • (g) neither eProp nor CTP will be liable for any losses or any other consequences if an auction does not take place on any scheduled date or is cancelled for any reason.
  16. You authorise eProp on successful completion of a sale: (i) to sign a Memorandum of Sale on your behalf; and (ii) to request payment of the balance of any applicable deposit to your solicitor, but we will have no liability to you if the successful buyer fails to comply.
  17. Where you have chosen a Click to Purchase Service involving sealed bids, you authorise eProp to collect any initial deposits, if this option is offered to bidders, which will be held by eProp and/or CTP as stakeholder pending a sale. Initial deposits from unsuccessful bidders will be returned to them. After deduction of eProp’s commission and expenses, eProp and/or CTP will pay any balance of the successful bidder’s initial deposit to your solicitor.
  18. eProp shall not be responsible for any liability arising as a result of CTP’s actions or exercise of CTP’s rights pursuant to these Click to Purchase Services Additional Terms, or for any failure by eProp to exercise any of its rights pursuant to these Click to Purchase Services Additional Terms.
Schedule 14 Tenant referencing services
  1. These Additional Terms shall apply in the event that you use (whether or not as part of a package of bundled services) tenant referencing services (“Tenant Referencing Services“). These services are a Paid-For Service re-sold by eProp but provided by Let Insurance Services Ltd a company incorporated in England and Wales with company number 06413754 whose registered office is at Wessex House, Upper Market Street, Eastleigh, Hants SO50 9FD 07133312 (“Let Risk”).
  2. The Tenant Referencing Services will be provided for the period of time stated on the easyProperty Platform at the time you place your Order (“Service Period”).
  3. eProp or its service providers shall have the right to make any changes to the Tenant Referencing Services which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Tenant Referencing Services.
  4. eProp and its service providers do not warrant that any of the Tenant Referencing Services will be provided without interruption or error-free.
  5. eProp or its service providers can stop providing the Tenant Referencing services at any time if the information we need to provide the services is unavailable.
  6. Charges apply from the point when an application is submitted and are non-refundable irrespective of the prospective tenant’s score/acceptability results.
  7. We or our service providers may need to verify your authenticity and/or identity in order to establish you as an account holder.
  8. You may make copies of the information from the tenancy references that you reasonably need for the purposes of your business, however unless required by law you must:
    • (a) keep the information strictly confidential;
    • (b) not publish the information;
    • (c) not give the information to anyone else;
    • (d) only give the information to your officers or employees (or both) who need to know or use it (and you must make sure that your officers and employees meet these confidentiality conditions); and
    • (e) not copy, distribute or commercially exploit the information unless this Schedule allows you to.
  9. You must not use, or allow others to use, the Tenant Referencing Services or information arising out of or in connection with it (or both) to provide authentication, fraud prevention or any other information-based services to anyone else. This restriction does not prevent you from sharing the information with your company group members but you must make sure that they comply with the confidentiality, security and liability conditions.
  10. If you act as an agent for someone else (i.e. a “Landlord” principal) to consider the suitability of individuals for a tenancy you can make the information available to the principal but only for these purposes. You must also get each applicant’s permission to give any information relating to them to the principal.
  11. You grant eProp and its service providers a royalty-free, non transferable continuous licence to use the applicant information. EProp and its service providers use this to improve the databases it accesses to bring the Tenant Referencing Service to you and for other risk and fraud prevention services to others.
  12. You must follow any rules and guidelines that apply to the way in which we provide the Tenant Referencing Services. We and our service providers will make sure that the information is secure. Each user will be given an individual identification by us or our service providers, which we call an ‘Applicant ID’. Only the person to whom it is issued may use the Applicant ID. The Applicant ID cannot be transferred to or used by other users.
  13. We refer to account numbers, identification codes and passwords (including the Applicant ID) used to access the services as ‘Client ID’. You are responsible for making sure that you keep your Client ID secure. Neither eProp nor its service providers will be responsible for any losses arising from anyone using your Client ID, whether authorised by you or not. We or our service providers can give you a new Client ID at any time during normal working hours (which for these purposes shall mean 9am – 6pm Monday – Friday and 10am – 4pm on Saturday, unless we notify you otherwise). Any new Client ID will apply 24 hours after we or our service provider gives you the new Client ID.
  14. You also agree that you will: (a) maintain appropriate technical and organisational security measures and procedures to prevent your Client ID being accidentally given to or used by unauthorised people; (b) tell us or our service providers as soon as you become aware that anyone has found out or used your Client ID without your permission, or if any equipment you use to access the services is stolen; and (c) be responsible for all charges connected to the Client ID, whether or not it is you or someone else, who incurred these charges.
  15. eProp or our service providers may cancel or suspend your use of the Client ID if you break any of your obligations under this Agreement (including this schedule); or we are told about, or become aware of, any unauthorised or improper use of your Client ID (either by you or by someone else); or that any equipment you use to access the services has been stolen.
  16. You agree that, in relation to using the Tenant Referencing Services, you will follow all relevant legislation and regulations. These include the Data Protection Act 1998 (including the Data Protection principles), all amendments to the Data Protection Act 1998 and any regulations or requirements made by any governmental authority or equivalent body.
  17. Whenever you want to use the Tenant Referencing Services, you must get permission from the relevant person, and this includes that you will ensure that any individual who will be the subject of a search using the Tenant Referencing Services gives his/her consent. You must use the wording set out on Let Risk website, or provided by us or our service providers from time to time, to get this consent / permission. If you fail to get this consent / permission, you must not use the Tenant Referencing Services on behalf of the relevant person.
  18. You also agree to follow all codes of conduct relating to the services that are approved by the Office of the Information Commissioner from time to time (see https://ico.org.uk/). This will not affect your obligations to follow any statutory requirement.
  19. You agree that you will not make any of your business decisions based solely on the information obtained through the Tenant Referencing Services. You acknowledge that the reports are based on information other people give to us or our service providers and that we cannot control the accuracy of this information, which may also contain advice or opinions. Neither eProp nor our service providers guarantee how accurate this information is, or how valid any advice or opinion we give is and are not responsible for any loss which you suffer as a result of a claim made by someone about whom we have given information, advice or an opinion.
  20. You acknowledge that sometimes applicants or referees withhold information or provide misleading information, which is intended to deceive. We and our service providers work hard with our clients to try and eliminate the risk of such fraudulent applications but are unable to guarantee identifying each one. We strongly recommend that you make landlords aware of the availability to purchase insurance policies to protect against the risks of tenants not paying rent, as a result of any circumstances, throughout the life of the tenancy.
  21. You will indemnify us and our service providers, and keep us fully indemnified, against any claims or actions made or brought against us as a result of you causing the reference information to be inaccurate or incomplete (whether by something you do or something you don’t do), or by you using the Tenant Referencing Services otherwise than in accordance with this Schedule. This indemnification will include all losses, damages, costs and other expenses (including any payments we or Let Risk make to settle any claims or actions) that we have to pay, and you promise to pay us for any loss, damage, cost or other expense. This protection will not apply if we or our service providers are at fault.
  22. Additional charges may apply in the event you require us or our service providers to provide additional information at undisclosed addresses (i.e. requiring additional bureau data), to reopen completed reports (i.e. for incorrect data entered) or to provide additional copies of archived reports.
  23. It is the landlord’s responsibility to ensure that individuals who let or sublet the landlord’s property have the right to rent property and to fulfil the landlord’s responsibilities under the Immigration Act 2014 and any related legislation. The referencing services provided by eProp are not designed to fulfil these requirements and eProp accepts no liability in relation to the landlords failure to adhere to these statutory obligations under the Immigration Act 2014 or otherwise.
Schedule 15 Property Liaison Services
  1. These Additional Terms shall apply in the event that you use (whether or not as part of a package of bundled services) property liaison services, that typically include: (i) processing of property instructions, including floor plans (ii) arrangement of viewings (iii) inventory and schedule of conditions, (iv) check-in/check-out, (v) property visits (mid term inspections); (vi) dispute resolution services, and (vii) any other services agreed from time to time between the parties (“Property Liaison Services“). These services are a Paid-For Service re-sold by eProp but provided by No Letting Go Inventory Management Limited (“NLG”) a company incorporated in England and Wales with company number 06055603 with registered office at Unit 20 Kent House, Old Bexley Business Park, 19 Bourne Road, Bexley, Kent, DA5 1LR (“NLG”).
  2. The Property Liaison Services will be provided for the period of time stated on the easyProperty Platform at the time you place your Order (“Service Period”).
  3. eProp or its service providers shall have the right to make any changes to the Property Liaison Services which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Property Liaison
  4. eProp and its service providers do not warrant that any of the Property Liaison Services will be provided without interruption or error-free.
  5. Any written report (“Report”) created as a result of the Property Liaison Services shall be confidential and you undertake to (i) keep such report strictly confidential; (ii) not publish all or any part of the report; (iii) not divulge or disclose all or any part of the report to any third party other than for the sole purpose of property rental; and (iv) permit access to the report only to those third parties who need to know or use the same and ensure that such third parties comply with these confidentiality requirements.
  6. Any inventory created as a result of the Property Liaison Services (“Inventory”) will comprise a list of the furniture, fixtures, fittings and household effects with a description of the state of decoration and condition of the interior and its effect at the property. The Report will be based upon the visible condition of the fixtures at the time of the visit. All items on the Inventory are assumed to be in a good condition and cleaned to a good domestic standard as detailed in our, or our service provider’s glossary of terms unless otherwise stated.
  7. The personnel appointed by us or our service providers to provide the Property Liaison Services (“Clerk”) will not move heavy items of furniture or similar and we will not be held liable for any detail obscured by such items at the time of the visit.
  8. The Inventory does not purport to be a report of value for the premises and/or the contents therein, nor is it a guarantee of, or report of, the adequacy of, or safety of, any equipment or contents. It is a list of such items within the premises and the superficial condition of the items and the decorative state of the premises.
  9. The Inventory may state when an item of furniture has been seen to have a label advising that it complies with Furniture and Furnishings (Fire and Safety) Regulation 1988, as amended in 1993. It should not be assumed that other items not stated comply with this regulation. Compliance with the relevant UK Fire Regulations is your responsibility and not that of eProp, or its service providers. It is recommended that all bedding, soft furnishing or any item which is filled/padded be checked by you to ensure that it complies with current regulations. Regulations on furniture purchased in foreign countries may not meet the UK standards. It is your responsibility to ensure that all items adhere to relevant current UK regulations.
  10. Electrical items will not be tested and eProp cannot be held responsible for any faults. Our service providers will check fitted light bulbs for functionality only.
  11. Floor coverings, rugs and carpets will be inspected to the extent that they are sufficiently clean and any defects noted, provided they are accessible and not obscured.
  12. Bed linen, towels and similar items will be inspected to check that they have been freshly laundered and then counted. Soiled items will be checked at the discretion of the Clerk and noted on the Report.
  13. Mattresses will be inspected where accessible and will not be examined if the bed is made up.
  14. We and our service providers reserve the right not to handle/move valuable ornaments nor will we or our service providers include in the inventory, numbers and titles of books, plants, consumables, items which are packed for storage or miscellaneous items other than garden equipment.
  15. Lofts, basements (cellars), locked rooms and any other similar storage area and their contents will not be listed in the Inventory, nor will the Clerk undertake to search through cluttered drawers or cupboards or to unpack boxes, bags or packaged items.
  16. Windows are only checked to ensure that they are clean with no visible broken glass. It is the responsibility of the tenant to report any non opening windows/defects to you.
  17. Intruder alarms and smoke detectors whether listed or not will be considered untested.
  18. We and our service providers reserve the right to apply an additional charge when unnecessary time is incurred, because the Clerk is unable to locate any items which have been moved during the tenancy and have not been replaced in their original position.
  19. We or our service providers reserve the right to apply a charge when a Clerk is unable to gain access to the premises at an agreed time, or within 15 minutes thereafter. We will be under no further obligation save the entitlement to invoice the proportion of the fee that would have been due had the instruction been completed.
  20. If a Clerk feels that the property or any person visiting that property makes them feel unsafe or they have a concern in any way that may affect their health or safety, we or our service providers reserve the right to cancel the appointment at that point without liability, and the issue will be reported, accordingly.
  21. Any midterm or interim visit by us or our service providers will adhere at all times to UK legislation and will adhere to the guidelines outlined by the Association of Professional Property Providers (APIP). Unless otherwise agreed, it is your responsibility to contact the tenant in writing at least 24 hours before the visit to advise them that we or our service providers will visit. Where an appointment has been confirmed with a tenant and they refuse access, are not available or we or our service providers are unable to enter, then we reserve the right to charge a cancellation fee per visit
  22. We and our service providers can provide overview pictures but will only provide internal pictures if given permission by you and the tenant. The tenant has the right to refuse permission for photographs to be taken if they are present at the time of the property visit.
  23. Where it is agreed that eProp will provide a smoke and carbon monoxide alarm inspection and inspection service, this service is to assess and report on whether these alarms meet the requirements of the Smoke and Carbon Monoxide Regulations 2015 and eProp shall:
    • (a) inspect, assess and report on the alarms present in the property and whether they are in working order;
    • (b) where instructed by the agent or landlord, install the appropriate alarm and test to ensure their working order;
    • (c) install a battery operated unit with a minimum 5 year unit warranty;
    • (d) install in accordance with the manufacturer’s installation instructions and/or as recommended on the firesafety web site using either screws or double sided mounting tape, either on the ceiling, wall or in the case of carbon monoxide alarms, freestanding where applicable;
    • (e) locate alarms according to the regulations, industry and/or manufacturers recommended locations or if not possible due to extenuating circumstances, located in the most appropriate position;
    • (f) where a carbon monoxide alarm is required to be fitted to a wall it will be at the inspector’s sole discretion as to the most effective and discreet positioning and eProp shall not be held liable for the cost of any re-siting or repair work incurred in the event that the landlord requests the alarm to be moved;
    • (g) all alarms fitted will be tested and detailed on the inspection report;
    • (h) where an inspector determines that a replacement battery is required for either a carbon monoxide alarm or a battery operated smoke alarm with a 5 year warranty and the property is tenanted, the inspector will make a recommendation that the tenant replaces the battery/batteries in the relevant inspection report;
    • (i) where an inspector determines that a replacement battery is required for either a carbon monoxide alarm or a battery operated smoke alarm with a 5 year warranty at the time of a check out or for a vacant property, the inspector will, subject to the availability of the required battery, replace and test for working order and charge the client accordingly;
    • (j) only such smoke alarms / carbon monoxide monitors that are reasonably accessible to the Clerk will be tested;
    • (k) a Clerk shall not be required to change any battery that may be fitted to an alarm or monitor and shall not be required to test any electrical wiring or other electrical installation where an alarm or monitor is wired into or linked to an electrical circuit of a given property;
    • (l) whether an alarm or monitor is reasonably accessible shall be determined by the inventory clerk at their sole discretion. By way of guidance only, any alarm or monitor which is situated more than 8 feet above floor level shall be considered as inaccessible under normal circumstances;
    • (m) any test of an alarm or monitor shall be limited to the activation of a test button fitted to the alarm or monitor and shall not involve any “live smoke” test.
  24. Where it is agreed that eProp will provide a Legionella Risk Assessment Service to comply with the landlord’s obligations under the Health & Safety at Work etc Act 1974, this service is to assess and report on whether there is an increased risk of Legionella being present in the water system and if a risk is identified to provide appropriate recommendations for either the landlord or tenant to reduce or eliminate the risk. The risk assessment is conducted in accordance with ACOP (Approved Code of Practice) L8 to include:
    • (a) the recording of the water temperature of all hot and cold water outlets;
    • (b) the recording of the temperature of the hot water tank (calorifier) outlet pipework;
    • (c) a visual inspection of all tap spouts and shower/spray heads;
    • (d) a visual inspection of the hot water tank and associated plumbing where applicable;
    • (e) advising on any redundant pipework (dead legs) and/or flexible hoses visible;
    • (f) a visual inspection of the cold water tank where applicable;
    • (g) advising on exterior features including water features, fountains, hot tubs and exterior taps where applicable.
  25. The risk assessment referred to in paragraph 24:
    • (a) does not constitute a Legionella ‘test’ and no samples of water will be taken for analysis. The client will be advised of appropriate measures to be taken where necessary and in the event of a Level 4 risk (most severe) being identified, eProp will recommend that the property be closed down immediately and that an expert contractor be appointed to decontaminate the property; and
    • (b) is limited to the condition and state of the water system as presented at the time of the visit and eProp cannot accept any liability for any increased Legionella Risk that may arise at a subsequent date due to a change in circumstances, for instance the property being left empty for an extended period of time or a defect occurring within the water heating system; and
    • eProp cannot accept any responsibility for subsequent loss or injury where any recommendations are not followed up either before the property is let out or during the tenancy.
  26. Where we, or our service provider, provide property instruction and viewing services we do so with the sole aim to collect factual information and/or data for you. It is your responsibility to check and agree all information before making it public and to check that the presentation of the information meets all laws and legislation related to the advertising of property.
  27. If we or our service providers are required to evidence any forms of ID at any time, we or our service providers will not accept liability for the authenticity of the documents provided by the landlord, tenant or any third party nor accept liability for illegal letting of the property.
  28. It is your responsibility to deliver all property access keys to the Clerk. In the case of collection or delivery back to you, additional charges may apply. If the landlord requires keys held by us or our service provider, additional charges may apply and this may be a fixed fee and an hourly or part thereof call out charge. This is not an emergency service and call out is only available during working hours (which for these purposes shall mean 9am – 6pm Monday – Friday and 10am – 4pm on Saturday, unless we notify you otherwise) and only subject to availability. Sunday and Bank Holiday call out charges are subject to availability and may result in an additional fee. No visit will be made until confirmation of payment or authorisation is received.
  29. If keys are not available before the agreed appointment, we and our service providers reserve the right to charge for a cancelled appointment.
  30. Errors on any Reports must be notified to a manager of eProp or its service provider, who will deal with the error. We and our service providers reserve the right not to accept responsibility for any errors in Reports reported after 7 days from the date of the Report. We and our services providers will not accept any liability for errors reported after the commencement of the next occupancy.
  31. Additional hard copies of the Inventory, if requested, may incur an additional fee.
  32. In the event of incorrect payment for the job, incorrect information resulting in an incorrect quoting of the job or any other incorrect information that results in the price being under quoted, we and our service providers reserve the right to either withhold any report or cancel the job, in which case cancellation fees may come into effect.
  33. Unless stated otherwise, property sizes and pricing are based on the following (hallways/landings are considered inclusive):
    • (a) 1 bed property – Max. 4 x rooms (typically 1 bedroom, 1 reception, 1 bathroom, 1 kitchen)
    • (b) 2 bed property – Max. 6 x rooms (typically 2 bedroom, 1 reception, up to 2 bathrooms, 1 kitchen)
    • (c) 3 bed property – Max. 8 x rooms (typically 3 bedroom, 2 reception, up to 2 bathrooms, 1 kitchen, garden/garage)
    • (d) 4 bed property – Max 10 x rooms (typically 4 bedroom, 2 reception, up to 3 bathrooms, 1 kitchen, garden/garage)
    • (e) Larger properties are based on individual pricing
  34. We and our service providers reserve the right to charge additional rates per room or extra storage or facilities (eg. outhouses, swimming pools) for properties different from above, prices are available upon application.
  35. If the size of the property is incorrectly given then we or our service providers will charge for the difference and withhold the Report until the outstanding balance is settled.
  36. All Reports will be provided as PDFs and hard copies are provided only on request and may be subject to an additional charge. If you do not require any original handwritten documents completed at the check in or check out, we or our service providers will retain the original document for a period of 3 months from the date of the appointment. Where applicable, all other non-signed documentation will be stored by us or our service providers for a maximum period of 12 months after the end of the previous tenancy.
  37. We and our service providers reserve the right to make a charge of the full fee of the assignment value to you for the cancellation of a job, for whatever reason after noon the previous day or on the day of the visit. We and our service providers also reserve the right to charge an administration fee of £35.00, or such other admin fee that might be notified to you from time to time, for any changed bookings up to 24 hours before.
  38. A charge of £35.00 per half hour, or such other fee that might be notified to you from time to time, may be made for waiting time at the property beyond the confirmed time/allowed waiting period due to the late arrival of you or a tenant, incorrect notified location of keys or documentation, or any delay in gaining access to the property beyond the control of the Clerk or us or our service providers.
Annex Documents to be added to the Data Room 1. Standard documents for every sale For sale of a commercial property:

1.1 Common Auction Conditions (3rd Edition August 2009)

1.2 Extra General Conditions of Sale (Version October 2014)

1.3 Click to Purchase Rules (Version October 2014) Extra Special Conditions of Sale for Conditionality (Version October 2014)

1.4 Pro Forma Click to Purchase Memorandum of Sale (Version October 2014)

For sale of a residential property:

1.5 Common Auction Conditions (3rd Edition August 2009) – (auction only)

1.6 Extra General Conditions of Sale (Version October 2014) – (auction only)

1.7 Standard Conditions of Sale (5th Edition) – (non-auction sale)

1.8 Click to Purchase Rules (Version October 2014)

1.9 Extra Special Conditions of Sale for Conditionality (Version October 2014)

1.10 Pro Forma Click to Purchase Memorandum of Sale (Version October 2014)

2. Specific documentation for each property

2.1 Document Index

2.2 Completed Special Conditions of Sale

2.3 Title of Property:

2.3.1 Registered Title

2.3.2 Registered title plan

2.3.3 Documents referred to on registered title

2.3.4 Head lease (if leasehold title)

2.4 Occupation:

2.4.1 Occupational lease(s)

2.4.2 Documents relating to occupational leases (e.g.: licences to assign/alter/underlet/rent review memoranda etc.)

2.5 EPC

2.6 Search Results:

2.6.1 Index Map

2.6.2 Local Search (including planning details)

2.6.3 Commercial Water and Drainage

2.6.4 Highways Search

2.6.5 Desk top environmental search

2.6.6 Other site specific searches

2.7 Planning Documentation

2.8 Pre-contract enquiries

(For commercial property)

2.8.1 Replies to current CPSE1

2.8.2 Replies to other CPSEs if relevant

2.8.3 Disclosure of any leases or licences

(For residential property)

2.8.4 Property information form (Form TA6);

2.8.5 Leasehold information form (Form TA7);

2.8.6 Commonhold information form (Form TA9);

2.8.7 Fittings and contents form (Form TA10)

3. Defects

Information relating to any title defects or other known legal issues.

4. Property details

4.1 Service charge information – past accounts and current budget

4.2 Last building survey

4.3 Environmental survey

4.4 Planning permissions

4.5 Specification if relevant

4.6 Details of any warranties

WEBSITE TERMS

  1. THIS WEBSITE
    1. This website (“Website”) is owned and operated by E-Prop Limited, trading as EasyProperty, a limited company registered in England and Wales under company number 08328850. Our registered office address is at Haslers, Old Station Road, Loughton, Essex, IG10 4PL, UK. Our VAT number is 154742309.
    2. References to “eProp”, “us”, “our” or “we” are references to E-Prop Limited along with other members of our group, which means any of our subsidiaries, any of our holding companies, and any subsidiaries of our holding companies, as defined in section 1159 of the UK Companies Act 2006 (“Group Companies”).
    3. These Website Terms set out the terms between you and eProp, under which you may access the Website. Your use of our Website means that you accept, and agree to abide by, all the terms of these Website Terms.
    4. This Website hosts our proprietary, web-based platform (“Easyproperty Platform”) which provides you with access to a number of property-related services provided by our selected third party partners. In order to access, use and order services via the Easy Property Platform, you will need to accept our additional terms of service, which will be provided to you when you register to use the Easyproperty Platform, and which can be found easyproperty.com/terms-conditions (“Terms & Conditions”).
    5. This Website, together with the Easyproperty Platform, shall be referred to collectively as our “Site”. These Website Terms, along with any other terms which can be accessed via the Site which supplement these Website Terms, shall be referred to collectively as “the Agreement”.
    6. PROHIBITED USES
    7. You may only use our Site for lawful purposes. You may not use our Site:
      • (a) In any way that breaches any applicable local, national or international law or regulation.
      • (b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
      • (c) For the purpose of harming or attempting to harm any third party in any way (in particular minors).
      • (d) To send, knowingly receive, upload, download, use or re-use any material which
        • (i) is inaccurate, discriminative, defamatory, obscene, threatening, deceptive abusive, profane or offensive (or is likely to be perceived as such)
        • (ii) promotes violence or any other illegal or immoral activity
        • (iii) is in breach of anyone else’s Intellectual Property Rights
        • (iv) adversely affects the performance or availability of the Site; or
        • (v) which is otherwise in breach of any of this Agreement.
      • (e) To transmit, or procure the sending of, any unsolicited promotions, political campaigning, advertising or solicitations (SPAM); or
      • (f) To knowingly transmit any means viruses, worms, trojan horses, or any other contaminants that may be used to access and/or modify, delete or damage any data files or other computer programmes (“Malicious Code”).
    8. We shall have the right (but not the obligation) to remove any software, files, materials, or uploaded content (including User Generated Content) which we believe may break these rules.
  2. INTERACTIVE SERVICES
    1. We may from time to time provide interactive services on our Site, including, without limitation, Chat rooms, Bulletin boards other means to download or upload content (“Interactive Services”).
    2. Any material (which may include photos, blogs, postings and comments) that you upload on to the Site via the Interactive Services or otherwise, or for the purposes of general publication (“User Generated Content”) will be considered non-confidential and non-proprietary, and we have the worldwide and sub-licensable right to use, copy, distribute disclose and make available to third parties any such material for any purpose connected with the Site or the Easyproperty Platform, subject to any other conditions set out our Service Terms (or in any supplemental terms you are required to accept).
    3. The Site is a venue for content supplied by third parties and visitors to the Site. Accordingly, eProp has no specific prior review process or editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including our third party partners, or any other user or participant in relation to the Easyproperty Platform, are those of the respective parties and not necessarily those of eProp. Neither eProp nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any third-party content, nor its merchantability or fitness for any particular purpose. If you feel that any information appearing or posted on our Site is inaccurate, untrue or inappropriate or breaks any of the rules set out in our Agreement, please let us know by contacting us through the Site at this email address customerservice@easyproperty.com.
    4. Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
  3. SITE AND TERM VARIATIONS
    1. We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Although we may make reasonable efforts to update the information on our Site, any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
    2. We may revise these Website Terms by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Website Terms may also be superseded by provisions or notices published elsewhere on our Site.
    3. In the event of any discrepancy or inconsistency between these Website Terms and the Service Terms, the Service Terms shall take precedence.
  4. THIRD PARTY SITES
    1. We may let you link to another company’s web site via the Site. Such links do not necessarily constitute an endorsement by eProp of those sites. eProp undertakes no obligation to monitor such sites, and you agree that eProp is not responsible for the content of such sites, or any technical or other problems associated with any such third-party site, links, or usage or for any products, services or content you may receive or purchase from such sites.
    2. In the event that you establish a link from any other site to this Website, you will immediately discontinue such link upon receiving written notice from us that we object to such link.
    3. You must not establish a link from any website that is not owned by you. Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page.
    4. If you make an online enquiry about any of our properties, whether through our Site or a Third Party Site (as defined in section 6.2 of our Website Terms), you understand that you are giving consent to us to pass on such enquiry details to the vendor or landlord of the property you have enquired about.
  5. INTELLECTUAL PROPERTY RIGHTS
    1. All concepts, information and materials contained in or displayed on the Site (other than any User Generated Content) are the proprietary property of eProp, or its licensors, and are protected by copyright, trade secret, and other applicable laws (known as “Intellectual Property Rights”).
    2. You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
    3. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website.
    4. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    5. Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.
    6. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of our Site or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to monitor and to bar any such activity and your use of the Site hereby authorises us to monitor your use of the Site and its content.
    7. You may not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site or its server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
  6. DATA PROTECTION
    1. Your privacy is very important to us. Please read our Privacy Policy which can be found easyproperty.com/privacy and our Cookies Policy which can be found easyproperty.com/cookies which sets out how we intend to use and share any personal data you may choose to share with us via the Site.
    2. Our clients may choose for us to advertise their property on a third party website (for example, and without limitation, rightmove.co.uk) (“Third Party Site”). Notwithstanding section 6.1 of these Website Terms, by making an online enquiry regarding any of our client properties via a Third Party Site, you give consent for us to pass details of your enquiry on to the vendor or landlord of the property that you have enquired about.
  7. LIABILITY
    1. We limit our liability to you for any losses which may arise from your access to, or reliance on, the Site or any information available within it. Please refer to our Service Terms which can be found easyproperty.com/terms-conditions which set out the relevant liability limits and exclusions, which shall apply equally to your use of this Site.
  8. SUSPENSION AND TERMINATION
    1. We will determine, in our discretion, whether there has been a breach of these Website Terms through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
    2. Failure to comply with these Website Terms shall be deemed to constitute a material breach of any other agreement between you and eProp from time to time (including the Service Terms) and may result in our taking all or any of the following actions:
      • (a) Immediate, temporary or permanent withdrawal of your right to use our Site or use or order services via the Easyproperty Platform.
      • (b) Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.
      • (c) Issue of a warning to you.
      • (d) Legal proceedings against you for reimbursement of all costs
      • (e) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
    3. We exclude liability for actions taken in response to breaches of these Website Terms. The responses described in these Website Terms are not limited, and we may take any other action we reasonably deem appropriate.
  9. GOVERNING LAWS AND JURISDICTION
    1. These Website Terms (including their interpretation and any disputes arising out of, or in connection, with them) shall be construed in accordance with and governed by English Law and shall be subject to exclusive jurisdiction of the English Courts.
These Website Terms were last updated on 20 January 2017 easyproperty.com/website-terms.

Privacy Policy

In this privacy policy (“privacy policy”), “you”, “your” and “yours” refers to you as an individual and, where applicable, to the company or legal entity on whose behalf you are viewing this privacy policy. E-Prop Limited shall be referred to in this policy as “eProp”, “us,” “we,” or “our.” eProp is committed to respecting and protecting your privacy. eProp provides this policy to make you aware of our practices and of the choices you can make about the way your information is collected and used when you access our website and/or sign up to use our proprietary, web-based platform (“easyProperty Platform”) which provides you with access to a number of property-related services provided by our selected third party partners. This policy (together with our Website Terms which can be found easyproperty.com/terms-conditions#website and our B2C Service Terms[ or B2B Service Terms as applicable] which can be found here easyproperty.com/terms-conditions#b2b (and any other documents referred to in them) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.easyproperty.com, and by accessing and continuing to use the easyProperty Platform, you are accepting and consenting to the practices described in this policy. eProp will process personal information provided by you in accordance with this privacy policy and with data protection standards equivalent to the UK Data Protection Act 1998 or higher standards where required by applicable law. For the purpose of the Data Protection Act 1998 (the Act), the data controller is E-Prop Limited of Haslers Old Station Road, Loughton, Essex, IG10 4PL. To register with us to use the easyProperty Platform you need to be at least 16 years old. If you have any questions, comments or requests in relation to this privacy policy, your personal data, or data protection generally, please write to us at: Data Protection Officer at dataprotectionofficer@easyproperty.com United Kingdom; or email us at: customerservice@easyproperty.com What personal data do we process? We process the following types of personal data about you when you visit and browse our website and sign up and use the easyProperty Platform: Information you give to us. You may give us information about you by filling in forms on our website or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use the easyProperty Platform, search for or use a product or service, place an order for services via our website, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey, and when you report a problem with our site. The information you give us will depend on whether you are registered to use the easyProperty Platform as a tenant, landlord, buyer, seller, service provider or in some other capacity but may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph, and property information. Information we collect about you. With regard to each of your visits to our website and your use of the easyProperty Platform we may automatically collect the following information:
  • technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
  • information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our website (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
Information we receive about you from other parties. We may receive information about you where you purchase a service from one of our third party partners via the easyProperty Platform. In such case, that third party partner may collect and process personal data about you in its own right and you should consult any relevant privacy policy operated by that third party to understand how it intends to use and process your data. In addition, we work closely with these third party partners, and other third parties (including, for example, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers and credit reference agencies) and may receive information about you from them. Information about your location. To let you know about offers and services near to you, we may collect information about your location from your mobile. We will only do this where you have asked us to provide this service and where you confirm for us that you are over 16. How do we use your personal data? We use information held about you in the following ways: Information you give to us. We will use this information:
  • to carry out our obligations arising from any contracts entered into between you and us, and/or our third party partners, and to provide you with the information, products and services that you request from us;
  • to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
  • to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you, or where you have consented to this. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means for marketing purposes only if you have consented to this. If you no longer want to receive any such electronic communications, please tell the sender and they will stop sending them to you. You can do this by following the instructions that will be contained within the electronic communication. In addition, if you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data. Please note that when you purchase a service from one of our third party service providers they may ask you make similar elections as to how they will be permitted to use your personal data;
  • to notify you about changes to our service;
  • to ensure that content from our site is presented in the most effective manner for you and for your computer; and
  • for security reasons to confirm that you are who you say you are.
Information we collect about you. We will use this information:
  • to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
  • to allow you to participate in interactive features of our service, when you choose to do so;
  • as part of our efforts to keep our site safe and secure;
  • to perform identity checks on you where required under relevant anti-money laundering regulations;
  • to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
  • to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive). Disclosure to third parties We may share your personal information with any member of our group, which means any of our subsidiaries, any of our holding companies and any subsidiaries of any of those holding companies, as defined in section 1159 of the UK Companies Act 2006. Where you have instructed us to advertise a property or listing on your behalf, or to advertise your profile as a buyer, seller, tenant or landlord we will publish your personal information on our website and via the easyProperty Platform in the manner and form approved by you in advance. We may pass this information on to third parties for similar advertising purposes where you have instructed us to do so. Where you order services via the easyProperty Platform we will pass on your details to that relevant third party partner so that they can provide you with the goods and services that you have requested. Where you choose to respond to a listing or an advertisement we will share your personal information with the relevant person or company who created the listing, or the person for whom the listing was created. In addition, we may share your information with other selected third parties including: Our third party partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you. Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 100 women aged over 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, men in EC1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience. Analytics and search engine providers that assist us in the improvement and optimisation of our site. Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Website Terms which can be found easyproperty.com/terms-conditions#website or our B2C Service Terms or B2B Service Terms which can be found easyproperty.com/terms-conditions#b2b and other agreements entered into between you and us; or to protect the rights, property, or safety of eProp, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. In addition, when you register with us, you will be asked whether you will allow us to pass on your details generally to third parties for marketing purposes. You have the right to ask us not to process your personal data for marketing purposes and we will not do so unless you tick the appropriate box when you register to use our service. You can change your mind at any time after you register by changing your preferences on your user profile or alternatively by contacting us at customerservice@easyproperty.com. If you agree to this, we may use your data, or permit selected third parties to use your data, to provide you with information about other goods and services which we think may be of interest to you. Where we store your personal data The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers or third party partners. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. eProp will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. Cookies eProp receives and stores information, which is transmitted automatically from your computer when you browse our website and when you use the easyProperty Platform. This includes information from cookies. Cookies are small files that are written or downloaded to your computer’s hard drive when you access a website. Please read our cookie policy easyproperty.com/terms-conditions#cookies to find out more about the types of cookies that we use on our website and as part of the easyProperty Platform, and the purposes for which we use them. Access to information You have the right to access information held about you by us. If you would like to exercise this right, please contact us via your user account or at customerservice@easyproperty.com and we will provide you with further details of what you need to do. Such request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you. Links to other sites This website may contain links to other websites that are not owned or controlled by E-Prop Limited. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage you to be aware when you leave our website and to read the privacy statements on the other websites that you visit. Changes to this policy We reserve the right to modify this privacy policy at any time, so please review it frequently. If we make material changes to this policy, we will notify you by means of a notice on our home page. This privacy policy was last updated on 10 August 2015 Contact Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to dataprotectionofficer@easyproperty.com.

Cookie Policy

Information about our use of cookies Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive. We use the following cookies: Strictly necessary cookies These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website. Analytical/performance cookies They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. Functionality cookies These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region) Targeting cookies These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose. You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
Cookie Name Purpose More information
Session Cookie EP_SESSION This cookie is essential to the operation of the log in functions of the site and to ensure that you are recognised when you move from page to page within one site and that any information you have entered is remembered. Expires when the session ends.
Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies. Following are the list of third party companies that may set cookies on easyProperty.com. Google – we use Google Analytics to measure traffic to our site. It also provides insights into the source of the traffic, so we can optimise our site for our customers. Google also provide the maps and some of the technical building blocks (code libraries, fonts, themes) for our site. See http://www.google.com/intl/en-GB/policies/technologies/cookies/ for their cookie policy. Filepicker.io – we use Filepicker to simplify how you select and upload files (e.g. property photographs) to us. See https://www.inkfilepicker.com/privacy/ for more. Kissmetrics – we use Kissmetrics to measure traffic to our site. It also provides insights into the source of the traffic, so we can optimise our site for our customers. See https://www.kissmetrics.com/privacy for their cookie policy. Mouseflow – we use Mouseflow to measure traffic to our site. It also provides insights into the source of the traffic, so we can optimise our site for our customers. See http://mouseflow.com/privacy/ for their cookie policy. Google Adwords – we use Google Adwords to advertise our services and use cookies to measure the effectiveness our campaigns to ensure we reach the right customers. See http://www.google.com/policies/technologies/ads/ for their cookie policy. Sharethis – we use Sharethis to create cookies. See http://www.sharethis.com/#sthash.YAdodbuR.dpbs for their cookie policy. Further information about cookies The Interactive Advertising Bureau (IAB) is an industry body that develops standards and guidelines to support online business processes. It has produced a website (www.allaboutcookies.org) which explains how cookies work and how they can be managed. Disabling and enabling cookies You have the ability to accept or decline cookies by modifying the settings on your Internet browser. The IAB website (www.allaboutcookies.org) tells you how to remove cookies from your browser. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site. This Cookie Policy was last updated on 27/08/14.