Terms & Conditions
This agreement constitutes a contract between Letmatch Ltd (trading as Visum) as the supplier (hereinafter called 'Visum', 'we', or 'us') and a you as our client ('hereinafter called 'seller', 'vendor', 'landlord', or 'you'), the terms of which are set out below:
The law (as outlined in the Estate Agents Act 1979) requires you to accept these terms and conditions in order to be able to instruct us as your agent. You will be able to signal your acceptance of these terms and conditions at the time of paying our fee.
Terminology contained within these terms and conditions:
Within this agreement the following words of phrases shall, unless the context otherwise requires, have the following meanings:
Property: The property which you have instructed us to market for sale or rent, the address of which is entered by you in your account.
Commission: The amount payable to us in respect of our fees due from our advertising, marketing, letting, or sale of your property.
Buyer: A person buying - or interested in buying - your property.
Tenant: A person renting - or interested in renting - your property.
Vendor, Seller, Landlord, You: The owner of the property or the person given the benefit to or who is entitled to sell or let the property.
Visum, We, Us: Means Letmatch Ltd (trading as Visum) a company registered in England, company registration number 07237538, registered office being Spencer House, 3 Spencer Parade, Northampton, NN1 5AA.
Multi Agency Agreement:
Our contract is a multi agency agreement. We do not offer a sole agency contract and we place no restrictions on you engaging the services of other agents during the term of your agreement with us. If you are already in an agreement with another agent when you instruct us you should read and heed the terms of your existing contract with them, or you may find yourself liable for a fee to them even if we sell your property.
Payment & Commission:
Before you can instruct us as your agent, you must pay the upfront fee for the service of your choice. Details of these fees and the services they pertain to are listed on the website. Some of the services require further fees on a regular basis for as long as the service is utilised. Services that incur a recurring fee are marked as such. You can cancel recurring fees at any time and the service will cease. The fee constitutes the whole of our commission, with no further fees being due to us if the property is sold or let during the marketing period.
Advertising & Marketing Your Property:
We market and/or advertise your property via methods of our choosing - usually listings on our own and/or partner websites. We may advertise your property in any other media at our absolute discretion. Different services use different combinations of these websites. These websites are not owned by us and we cannot guarantee that these websites (and hence your property listing) will be available on the Internet constantly, or that they will carry listings from us constantly. The list of partner websites is subject to change without notice.
We cannot begin marketing your property without either a current Energy Performance Certificate (EPC) being in place, or the test having been arranged. We can usually arrange an Energy Performance Test to take place (for an extra charge) if you wish.
You will be conducting viewings with interested enquirers so it is your responsibility to ensure your property is safe for visitors. You agree without reservation not to hold us responsible for any incidents that occur during a viewing.
In order to ensure compliance with the terms of the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) and the Business Protection from Misleading Marketing Regulations 2008 (BPRs) wherever applicable we reserve the right not to publish any information provided by you. You agree without reservation to indemnify us, our proprietors, employees, subcontractors or agents against any claim made in respect of the property or any mis-descriptions here in that arises wholly or partially out of your act or default.
Anti Money Laundering:
To comply with Anti Money Laundering legislation we have to carry out identity checks on our clients. To complete the checks we may require you to supply supporting information and evidence (normally copies of either a passport or driving license and a utility bill). Failure to supply requested information may result in the termination of any service without refund of any monies paid and possibly in the involvement of the relevant authorities if we deem the circumstances suspicious.
Sales properties only: From 26th June 2017 we are required to carry out anti-money laundering checks on buyers. A 'prospect'/'enquirer' becomes a 'buyer' if they make an offer and that offer is accepted by a you. If you receive and accept an offer for your property directly from a prospect (i.e. they have not submitted their offer through us) you must let us know about it in order that we can carry out the required checks.
You understand and accept that we may undertake a search with Experian or other providers for the purposes of verifying your identity. To do so the search providers may check the details you supply against any particulars on any database (public or otherwise) to which they have access. A record of any search will be retained.
Delivery of Service:
The delivery of some parts of our services rely on the actions of third parties out of our control. We cannot be held responsible for the actions or inactions, problems, errors or omission of third parties that effect the delivery of the whole or part of any of our services. We cannot guarantee the consistency or continuation of the parts of any of our services provided by third parties and we offer no refund for users if a third party service is discontinued or made unavailable to us. However we will seek alternative services without unreasonable delay. At our sole discretion we may offer a whole or partial refund.
By paying for a service you have instructed us to be your agent. Prior to paying you have not instructed us and no services commence without payment.
Services requiring a visit to the property may take up to 7 working days to complete.
You can cancel a service for a full refund anytime before it's used except where it's a personalised service (e.g. it includes a visit to your property) in which case you can cancel it up until 24 hours before it's due to commence. If you cancel it 24 hours or less before it's due to take place then you will not receive a refund.
You can cancel any currently active service without a refund at any time for any reason and we will cease marketing or advertising your property.
If you miss a visiting appointment you will not receive a refund of monies paid because the representative attending the appointment has still had to commute to your property, will not be able to use that wasted time to serve another customer, and will still need paying for his or her work.
Comments and Complaints:
We rely on customer feedback to help us improve. If you have a comment or complaint that you'd like to make about any aspect of your dealings with us please put it in writing to email@example.com and we will respond within 3 business days. We are members of the property ombudsman scheme. If you feel that we have not handled your complaint satisfactorily you can contact them for help and advice about what to do next.
We will endeavour to have your advert live on all of our partner media within 24 hours of receiving your completed property details, payment, and suitable ID (excepting weekends and public holidays) but cannot guarantee this time frame because factors outside of our control (for example but not limited to technical issues or delays in the receiving sites displaying the listing) may interfere.
We will endeavour to market your property using the details you submit to us, but we reserve the right to add to, delete, edit and amend any aspect of any property advert for any reason. You must not insert any of your personal contact details into any part of the advert. If you do we reserve the right to cease marketing and/or advertising your property without warning and without refunding any monies paid.
There is one instruction per service, per property. You must not use one instruction to attempt to sell or let more than one property, or one instruction to both sell and let one property.
Under most circumstances you must be the owner of the property you want us to advertise or market. You can instruct us if you're buying the property but have not yet completed the purchase, or you can instruct us on behalf of the owner if you are a friend or family member of the owner, or a tenant at the property who wishes to expedite a move out. You will be required to submit ID to prove your status before we market your property, and also ID for the owner if you are a friend, family member or tenant acting with his permission. Letting and estate agents cannot use any of our services, even to market their own personal properties.
You agree for us to give your name and contact details to all enquirers, and you confirm that both you and the property comply with all current UK legislation. We will endeavour to pass your details to enquirers immediately but reserve the right not to do so, depending on the other demands and commitments placed on our staff, and for any other reason.
Sales ads and certain lettings ads expire every month and require paid renewal to continue. Lettings ads that are not subject to paid renewal after one month will be taken offline after 3 months if you have not removed the ad yourself, and if you renew the advert within 6 months the ad duration will be limited to 28 days with paid renewal. Ads that have received 12 or more enquiries but are still online and showing as available may be suspended for us to investigate why they have not let or sold.
For properties marketed for let (the following does not apply to properties marketed for sale): The marketing/advertising period for anything other than whole residential properties which are let on an assured shorthold tenancy (or the Scottish equivalent) and are not HMOs is restricted to one month in length. You can pay to renew the advert for a further month as needed. Examples of properties that are not non HMO whole residential properties let on an assured shorthold tenancy are: house shares/flat shares/rent a rooms, student lets, holiday lets, retirement apartments, land, storage, commercial properties, garages, outbuildings, and parking spaces. This list is not meant to be exhaustive and we retain final and absolute discretion on what constitutes a whole residential property that complies with out criteria or not. If you fail to declare your rental property as one of these types when it is then we reserve the right to remove the ad without giving either a warning or a refund.
Our services offer no guarantee regarding the number of prospects that will make enquiries or the possibility of a successful conversion of a prospect into a tenant or buyer. Such things depend on many factors outside our control, such as the health of the market, the condition of your property, its price relative to what the market will support, the quality of your property (either in its own right or relative to the competition), the attractiveness of your photographs or advert copy, the popularity of the property's location and many more factors.
We endeavour to keep the content of our website up to date and free of errors, misleading or conflicting information. However errors or omissions may occur and we cannot be held responsible for them. By using the website you agree to this.
You accept without reservation that the free gift of the tenancy paperwork pack comes without any guarantee as to its suitability and usability in an actual letting situation. By accepting it and using any of the documents within it you accept and affirm your total responsibility and our complete lack of liability for any situation whatsoever arising from its use.
You agree as the owner (or the person nominated by the owner to act on his behalf) to remain responsible without exception and to hold us to be free of all liability without exception for all the legal aspects of the let or sale, not limited to but including items such as having a current gas safety certificate or EPC (where required). You agree that the scope of our responsibility is strictly limited to the marketing of your property as outlined in the terms of this agreement.
With regard to the referencing of prospective tenants, we rely entirely on the work and actions of third parties outside of our control (such as but not limited to prospective tenants, their employers, their landlords, information holding organisations etc.) and as such cannot accept any responsibility for any error or omission in the process or the result of a tenant reference check. By making use of the service and/or instructing us to arrange a reference check for a tenant you agree to this without reservation and agree to hold us totally free of any liability.
With regard to the purchase of 'For Sale' or 'To Let' boards we make no commitment about the speed of delivery of a board because we do not personally deliver the boards. You agree that you are totally responsible for the board and its placement once you have taken delivery of it and you agree not to infringe any law concerning the disposal of or the placement of boards including, but not limited to, placement in conservation areas or any other area where the placement of To Let or For Sale boards is forbidden or restricted. You agree without reservation to hold us free of liability for any infringement of the law.
We reserve the right to suspend marketing of a property or a user's account at any time to allow us to investigate a suspected breach of our terms or unauthorised or fraudulent use of our services.
Any breach of these terms by you invalidates any rights you have under these terms and may result in the marketing of your property ceasing immediately. If marketing of a property is ceased because of a breach of our terms then no refund will be given.
You agree that if any of the terms contained in this agreement are found to be invalid by a court of law in England this does not invalidate any of the remaining terms.
By the acts of creating an account on our website and/or paying for any of the services or products you agree wholly and without reservation or exception to the terms and conditions above.