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Terms and Conditions

Terms and Conditions for the Supply of Services



These Terms and Conditions for the Supply of Services shall apply to such services as a client (‘Client’) may select on the website of Boulter Property Investment & Management Ltd trading as ‘Simplylettingsonline’ (the ‘Supplier’’we’’our’). By selecting and paying for services on the Supplier’s website, the Client confirms understanding, acknowledgement, and acceptance of the contents of these Terms and Conditions for the Supply of Services as a legally binding contract between the Client and the Supplier. The selection of the Services on the Supplier’s website, together with these Terms and Conditions for the Supply of Services and any other documents referred to in them constitutes a binding contract between the parties (‘Contract’).

‘Simplylettingsonline’ is a website owned and operated by Boulter Property Investment & Management Ltd, registered in England and Wales with company number 10688361. If you wish to contact us by email our email address is admin@simplylettingsonline.co.uk. If you wish to contact us by post, correspondence should be sent to our registered office:

Boulter Property Management Ltd

c/o 66B Ltd

66B Smith Street

Warwick

CV34 4HU


The Supplier has agreed that it shall provide the services at Schedule 1 as selected from time to time on its website by the Client (the ‘Services’) on the terms set out below in this contract.


1. KEY DUTIES & REQUIREMENTS


1.1The Supplier agrees to:

(a)provide the Services as selected by the Client from time to time, with effect from the date the Client selects the Services on our website and for the duration of provision of the Services selected as set out on our website, with all reasonable care skill and diligence and in accordance with best practice;

(b)be reasonably available to provide assistance or information on request;

(c)co-operate with the Client in all matters relating to the Services and comply with all instructions of the Client;

(d)notify the Client immediately if it cannot provide the Services as agreed;

1.2The Client agrees to:

(a)Comply with the Supplier’s Website Terms of Use;

(b)co-operate with the Supplier in providing such information as it shall require to perform the Services and in all matters relating to the Services, and as more particularly set out in Schedule 1;

(c)provide, in a timely manner, information the Supplier may reasonably require;

1.3If the Supplier is unable to carry out the Services as a result of any act or omission of the Client (or its personnel), the Supplier will not be liable for any costs, charges or losses sustained that arise directly or indirectly, but will remain entitled to end the contract with the Client and to payment of the fees and be entitled to recover any additional costs, charges or losses incurred as a result.

1.4The Supplier may have to suspend the supply of Services to:

(a)deal with technical problems or make minor technical changes;

(b)update the services to reflect changes in relevant laws and regulatory requirements;

(c)make changes to the Services as requested by the Client or notified by us to the Client.

If the supply of Services is suspended for a period longer than 24 hrs in any 7 days the Supplier will adjust the price so that the Client does not pay for supply of Services whilst suspended. The Client may end the Contract if it is suspended for longer than 72 hrs in any 30 days and the Supplier will refund to the Client the sum paid in advance for such portion of the Services that is not provided in respect of the period after the Contract is ended.


2. FEES


2.1The Client will pay the Supplier a fee for each Service selected by the Client as set out on the Suppliers’s website.


3. CONFIDENTIALITY


3.1Each party undertakes that it will not at any time disclose to any person any confidential information concerning the business, affairs, personnel, students, customers, clients or suppliers of the other party, except as permitted by clause 3.2.

3.2Each party may disclose the other party's confidential information:

(a)to its personnel or advisers who need to know such information for the purposes of carrying out obligations under this contract. Each party shall, in this case, ensure that its personnel or advisers comply with clause 3; and

(b)as may be required by law or any governmental or regulatory authority.


3.3Neither party shall use any other party's confidential information for any purpose other than to perform its obligations under this contract.

4. PROPERTY


4.1All documents, manuals, hardware, and software and intellectual property provided for the Client’s use by the Supplier remain the property of the Supplier.

4.2The Supplier grants to the Client a non-exclusive licence to use such documents, manuals, hardware, and software and intellectual property in relation to and for the duration of the Services only, free of any restriction or further fee.


5. DATA PROTECTION


5.1The parties shall comply with their data protection obligations as set out in Schedule 2.


6. INSURANCE AND LIABLITY


6.1The Supplier has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £[INSERT] per claim. The Client is responsible for making its own arrangements for its insurance.

6.2Subject to any liabilities which cannot legally be limited, the Supplier’s total liability to the Client for loss or damage shall not exceed £[INSERT].


7. TERMINATION


7.1This contract can be terminated with immediate effect by the Supplier if the Client:

(a)is in material breach of any of its contract obligations; or

(b)after notice in writing, wilfully neglects to provide or fail to remedy any breach of its contract obligations within 7 days.

7.2Under the Consumer Contracts Regulations 2013, the Client has the right to cancel the purchase of the online Services within 14 days, save where the Services have already been fully performed. In the event of cancellation before the Services have been fully performed the Client must pay for the supply of the Services for the period for which they were supplied, and the Supplier will therefore refund to the Client the sum paid in advance only for such portion of the Services that is not provided in respect of the period after the Contract is ended. In order to effect a cancellation under this clause, the Client must complete the form on our website.


8. MISCELLANEOUS


8.1These Terms and Conditions for the Supply of Services, the Client’s selection of the Service(s) on the Supplier’s website and the Supplier’s Website Terms of Use constitute the entire agreement between the parties and supersede and extinguish all previous agreements, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into the Contract it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions for the Supply of Services or the Supplier’s Website Terms of Use.

8.2These Terms and Conditions for the Supply of Services may only be varied in writing by a document signed by both the Supplier and the Client.

8.3A waiver of any right or remedy under this Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions for the Supply of Services or by law shall not constitute a waiver of that or any other right or remedy. If any provision or part-provision of these Terms and Conditions for the Supply of Services is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

8.4The Contracts (Rights of Third Parties) Act 1999 shall not apply to this contract and no person other than the Supplier and the Client shall have any rights under it.

8.5These Terms and Conditions for the Supply of Services and any dispute or claim arising out of or in connection with the Contract shall be governed by and construed in accordance with the law of England and Wales who shall have exclusive jurisdiction to settle any dispute.



SCHEDULE 1

SERVICES OPTIONS


SIMPLY FREE


1. Service

Supplier will list the Client’s property for three months, or until the property is let, whichever is the earlier, on simplylettingsonline.co.uk.

2. Fee

Free - per property

3. Client’s responsibilities:

a.Uploading an advertisement on the Suppliers website in accordance with the Supplier’s Website Terms of Use

b.Prospective tenant viewings

c.Prospective tenant checks

d.Tenancy contract creation

e.Rent collection






SIMPLY MORE


1. Service

Supplier will list the Client’s property for three months, or until the property is let, whichever is the earlier, on Zoopla and such other sites as the Supplier shall at its own discretion determine.

2. Fee

£24.99 per property

3. Client’s responsibilities:

a.Uploading an advertisement on the Suppliers website in accordance with the Supplier’s Website Terms of Use

b.Prospective tenant viewings

c.Prospective tenant checks

d.enancy contract creation

e.Rent collection



SCHEDULE 2

DATA SHARING


DEFINITIONS


Agreed Purposes: Advertising and securing rental of a Client’s property to a selected tenant, having conducted relevant tenant checks.

Controller, processor, data subject, personal data, personal data breach, processing and appropriate technical and organisational measures: as set out in the Data Protection Legislation.

Data Discloser: a party that discloses Shared Personal Data to the other party.

Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications).

UK GDPR: has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.

Permitted Recipients: the parties to these Terms and Conditions for the Supply of Services, the employees of each party, any third parties engaged to perform obligations in connection with the Contract.

Shared Personal Data: the personal data to be shared between the parties under clause 1.1 of this Schedule. Shared Personal Data shall be confined to the following categories of information relevant to the following categories of data subject:

a)Tenants personal contact information, tenancy checks, payment and bank details;

b)landlords personal contact information, payment and bank details.

c)Rent collection


1. TERMINATION


1.1Shared Personal Data. This clause sets out the framework for the sharing of personal data between the parties as controllers. Each party acknowledges that one party (referred to in this clause as the Data Discloser) will regularly disclose to the other party Shared Personal Data collected by the Data Discloser for the Agreed Purposes.

1.2Effect of non-compliance with Data Protection Legislation. Each party shall comply with all the obligations imposed on a controller under the Data Protection Legislation, and any material breach of the Data Protection Legislation by one party shall, if not remedied within 30 days of written notice from the other party, give grounds to the other party to terminate the Contract with immediate effect.

1.3Particular obligations relating to data sharing. Each party shall:

a)ensure that it has all necessary notices and consents and lawful bases in place to enable lawful transfer of the Shared Personal Data to the Permitted Recipients for the Agreed Purposes;

b)give full information to any data subject whose personal data may be processed under the Contract of the nature of such processing. This includes giving notice that, on the termination of the Contract, personal data relating to them may be retained by or, as the case may be, transferred to one or more of the Permitted Recipients, their successors and assignees;

c)process the Shared Personal Data only for the Agreed Purposes;

d)not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients;







e)ensure that all Permitted Recipients are subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) which are no less onerous than those imposed by this Schedule 2;

f)ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the other party, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

g)not transfer any personal data received from the Data Discloser outside the [UK] OR [EEA] unless the transferor ensures that (i) the transfer is to a country approved under the applicable Data Protection Legislation as providing adequate protection; or (ii) there are appropriate safeguards or binding corporate rules in place pursuant to the applicable Data Protection Legislation; or (iii) the transferor otherwise complies with its obligations under the applicable Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred; or (iv) one of the derogations for specific situations in the applicable Data Protection Legislation applies to the transfer.

1.4Mutual assistance. Each party shall assist the other in complying with all applicable requirements of the Data Protection Legislation. In particular, each party shall:

a)consult with the other party about any notices given to data subjects in relation to the Shared Personal Data;

b)promptly inform the other party about the receipt of any data subject rights request;

c)provide the other party with reasonable assistance in complying with any data subject rights request;

d)not disclose, release, amend, delete or block any Shared Personal Data in response to a data subject rights request without first consulting the other party wherever possible;

e)assist the other party, at the cost of the other party, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, personal data breach notifications, data protection impact assessments and consultations with the Information Commissioner or other regulators;

f)notify the other party without undue delay on becoming aware of any breach of the Data Protection Legislation;

g)at the written direction of the Data Discloser, delete or return Shared Personal Data and copies thereof to the Data Discloser on termination of the Contract unless required by law to store the Shared Personal Data;

h)use compatible technology for the processing of Shared Personal Data to ensure that there is no lack of accuracy resulting from personal data transfers;

i)maintain complete and accurate records and information to demonstrate its compliance with this Schedule; and

j)provide the other party with contact details of at least one employee as point of contact and responsible manager for all issues arising out of the Data Protection Legislation, including the joint training of relevant staff, the procedures to be followed in the event of a data security breach, and the regular review of the parties' compliance with the Data Protection Legislation.



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