Belvoir T&Cs (backup)

Let Alliance Letting Agent Terms & Conditions

Definitions: “LA” is Let Alliance Limited of Dodleston House, Bell Meadow Business Park, Park Lane, Pulford, Chester, CH4 9EP. Let Alliance is an Appointed Representative of Advent Solutions Management Ltd (FCA No.308751).

“The Franchisee” is the firm referred to in the Letting Agent application form and who will provide information about LA to the customer.

1 Term of commencement

1.1 These terms of business take effect from the date on which your application is submitted via the Letting Agent Application form and shall continue in existence until such time as the parties mutually agree otherwise in writing or either party terminates the agreement by giving the other not less than one calendar months’ notice in writing or the agreement is terminated in accordance with sections 7 & 8 below. Any termination of this agreement shall not affect any rights or obligations or continuing duties, which existed prior to the termination.

2 Recitals and relationship

2.1 LA provides tenant assessment services to the Franchisee.

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2.3 The Franchisee wishes to introduce customers to the services of LA. This agreement does not and shall not create any partnership or joint venture between LA and the Franchisee.

3 LA obligations

3.1 LA will provide effective tenant assessment services to the Franchisee.

3.2 LA will provide the Franchisee with literature relating to such other details of services as may be appropriate for the Franchisee to pass to their customers, to enable their customers to contact LA.

3.4 LA undertakes to act at all times with due care, skill and diligence in accordance with regulatory requirements when dealing direct with the customer.

3.5 LA shall notify the Franchisee promptly of any developments which may affect LA’s ability to meet its obligations within this agreement.

4 Introducer obligations

Tenant Assessment

4.1 The Franchisee shall obtain the explicit consent of any person who is the subject of any assessment requested by the Franchisee (hereinafter referred to as the “Data Subject”) to the carrying out of such assessment prior to any such assessment being carried out on such Data Subject where the Data Subject has applied to rent a property through the Franchisee.

4.2 The Franchisee will procure that any tenant assessment result or report provided to it is only for the purpose of assessing whether a Data Subject is suitable to let a property through the Franchisee.

4.3 The Franchisee shall obtain explicit consent of the Data Subject that the search footprint to be retained by Callcredit Limited in respect of credit assessment will be read as having been made by LA rather than the Franchisee.

4.4 The Franchisee will keep any assessment report provided to it by LA confidential except that the result may be communicated to the landlord of the property concerned having obtained the landlord’s agreement to keep the result confidential.

4.5 The Franchisee shall comply with the provisions of the Data Protection Act 1998 and all other applicable legislation in respect of the assessment result and report.

4.6 The Franchisee shall not under any circumstances sell, transfer, distribute or otherwise make any assessment result or report provided to it available to, or use the assessment result or report on behalf of, any other third party.

4.7 The Franchisee will procure that after the assessment result has been used for the purpose set out in [4.1.2] above the result or report will not be accessed thereafter except for audit purposes.

4.8 Subject to the Franchisee being given reasonable prior written notice, the Franchisee shall permit LA to have reasonable access during the Franchisee’s normal business hours to the Franchisee’s relevant premises and relevant operations for the purpose of ensuring that the Franchisee is complying with its obligations under this agreement.

4.9 The Franchisee shall not sub-contract the performance of any of its obligations under this agreement and shall not assign or transfer any part of the agreement Callcredit Limited (credit assessment provider) will have the right to enforce the terms and conditions referred to under the heading Tenant Assessment above in accordance with the Contracts (Rights of Third Parties) Act 1998.

General

4.23 The Franchisee shall use LA’s Vision system in accordance with the user manual/ instructions provided which may be updated from time to time.

4.24 The Franchisee shall keep in force a direct debit mandate in favour of LA for the purpose of LA collecting amounts due from the Introducer on a monthly basis.

4.25 The Franchisee shall ensure that there are sufficient funds in its designated bank account to allow each direct debit to be collected in full on the due date.

4.27 LA shall provide to the regulator immediately upon request all such personal data as it may require (including Sensitive Personal Data) in relation to you or any third party for any permitted purpose and according to law.

4.28 The Franchisee must notify us immediately, in writing of any changes in the structure, location or domicile.

4.29 The Franchisee will indemnify LA against costs, loss, liability or any expense whatsoever which may be suffered by LA directly or indirectly as a result of any services performed or action taken by the Franchisee to the extent that same is due to the Franchisee’s negligence, wilful neglect or fraud.

5 Commission

5.1 The commission amount due to the Franchisee will be at a level agreed separately with LA in writing from time to time.

5.3 Any commission earned will be shown on the monthly invoice, issued to the Franchisee on a monthly basis.

5.6 Where commission is to be refunded, payments are to be made to LA by cheque marked “account payee only” in favour of LA or by such other method and to such payee as we may direct.

6 Confidentiality

6.1 The Franchisee and LA acknowledge that the terms of this agreement are confidential and therefore accepts as may be required by law, all information acquired by both parties concerning and consequent upon this agreement shall be treated as confidential and shall not be used otherwise than in connection with this Agreement or divulged to any other party.

7 Termination

7.1 Either party may terminate this agreement at any time and for any reason (including if one party considers that the other party is trading in an inappropriate manner) by giving no less than one month’s notice in writing

7.2 Either party may terminate this agreement forthwith by written notice to the other party in the event of any of the following:

7.3 The other party shall be unable to pay its debts as and when they fall due within the meaning of section 123 of the Insolvency Act 1986.

7.4 The other party enters into liquidation whether voluntary or compulsory, other than for the purposes of amalgamation or reconstruction.

7.5 The other party makes any other composition or arrangement with its creditors.

7.6 The other party has an administrator or receiver or administrative receiver appointed of the whole or any part of its assets or undertaking or has distress or execution levied against any of its assets.

7.7 The other party has any relevant license to conduct business suspended removed or impaired by any order or decree of any judicial or regulatory authority.

7.8 The other party is merged with, acquired by or otherwise taken over by an individual corporation or other business entity or organisation of any kind unless previously agreed in writing.

7.9 The other party commits any offence under the Financial Services Act 1986. Consumer Credit Act 1987, Data Protection Act 1998 or other legislation.

7.11 The other party commits a material breach of any term of this agreement and, except in a case of a breach not capable of being remedied, such breach has not been remedied within thirty days of a written request to remedy the breach.

7.12 Termination of this agreement shall not in any circumstances give rise to any claim for compensation by the Introducer.

8 Service of notice

8.1 The respective addresses for service of notices, accounts and other documents under this Agreement shall be the addresses referred to in this Agreement provided that either party may by written notice to the other substitute another address in the UK, which will then become the notice address.

8.2 A notice account or document may be given and served on either of the parties hereto:

– handing it to a duly authorised representative or third party

– leaving it at the notice address of that party

– sending it to the notice address of that party by registered or recorded delivery post

– faxing it to the notice address of that party

8.3 Any notice account or other written communication posted shall be deemed to have been received 48 hours after it shall have been posted and any notice sent by fax shall if transmitted during business hours be deemed to have been received at the commencement of the next business day.

8.4 Any notice sent by fax shall be confirmed by forwarding a hard copy to the addressee in the manner provided in the paragraph 8.5 below.

8.5 In providing service of any notice it shall be sufficient to prove that delivery was made or that the envelope containing notice was properly addressed and posted by registered or recorded delivery post.

9 Law applicable

9.1 This Agreement shall be governed by and constructed according to English law and disputes in relation here to may be determined by the Courts of England.

9.2 In the event of a change in law or regulation which affects any of the parties’ obligations under this Agreement, the parties will co-operate in good faith to agree any necessary amendment(s) or variation(s) to the Agreement.

11 Accounting procedures

11.1 Within Five working days of the end of each month, the Franchisee will be issued with an invoice detailing all Tenant Assessment and Rent Guarantee transactions along with any commissions due for the prior month.

11.2 Within fifteen days of the end of the month LA will collect any outstanding monies, net of any commissions due from the Franchisee using the BACS system from an account as specified by the Franchisee.

11.3 In the event that the Franchisee does not pay by direct debit or standing order, the Franchisee must make payment by alternative means, upon agreement of the finance department, within fifteen days of the end of the month for which charges fall due

11.4 If the Franchisee fails to make payment of the monies outstanding in accordance with clause 11.3 then LA will charge a late fee equal to 10% of the invoice total. The Franchisee is also responsible on an indemnity basis for all legal fees, court costs, and related expenses incurred in the event payment is not made in a timely manner, and action is required to be taken by LA to collect monies owed.

11.5 In the event that the Franchisee does not utilise the Vision system to submit applications, an additional charge of £2 plus VAT will be payable for each application which has to be processed by LA.

12 Miscellaneous

12.1 This agreement records and contains all the terms and conditions agreed between LA and the Franchisee and supersedes any prior oral or written agreements, understandings or arrangements between LA and the

Franchisee relating to the subject matter of this Agreement. Neither party shall be entitled to rely on any agreement which is not expressly contained in this Agreement and no change may be made to it except in writing and signed by duly authorised representatives of both parties.

12.2 The arrangements contemplated by this Agreement are specific to LA and the Franchisee and the rights and obligations created by this Agreement may not be assigned to any other party. Without prejudice to the generality of the foregoing, the Franchisee may not delegate or sub-delegate any of its rights or obligations under this Agreement to any third party whatsoever without the express prior written consent of LA.

12.3 Any failure on LA’s part to take advantage of a breach of this Agreement by the Franchisee shall not be deemed to constitute a waiver of any of LA’s rights to enforce the terms and conditions of this Agreement whether arising by virtue of that breach or otherwise.

12.4 Nothing in this agreement shall confer or purport to confer on any third party any benefit or the right to enforce any term of this agreement.

12.5 If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable in whole or in part such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect.

Appendix A

Becoming a Let Alliance Belvoir Franchisee

To become a Let Alliance Belvoir Franchisee, you will complete a simple application form and details of what you can and cannot do under this appointment.

Pricing

LA services for Tenant Assessment and Rent Guarantee will be in accordance with the pricing agreed with Belvoir Group plc and is available on request.