In this Agreement:
1.1. “Buyer” means the person who buys the Property
1.2. “Charges” has the meaning given to such term in clause 4.2.
1.3. “Completion Date” means the date on which completion of the sale/purchase of the Property occurs.
1.4. “Fees” means the price payable in respect of each and any Service, the details of which are set out on the Website.
1.5. “Pay Now” has the meaning given to such term in clause 6.1.
1.6. “Pay Later” has the meaning given to such term in clause 6.1.
1.7. “Pay on Sale” has the meaning given to such term in clause 6.1.
1.8. “Property” means any property in relation to which you purchase Services from Ezmuve.
1.9. “Services” means all and any products and/or services offered from time to time by Ezmuve, full details of which are set out on the Website.
1.10. “Third Party Services” means all and any services offered by third parties which may include, without limitation, financial, insurance, conveyancing and utility switching services.
1.11. “Website” means www.ezmuve.co.uk.
1.12. “Ezmuve” means trading name of Thomas Stoner Properties Limited
2.1. You will be deemed to accept this Agreement on the earlier of the following events:
2.1.1. your ticking of an acceptance box on the Website; or 2.1.2. your payment for any Services. 2.1.3. Any alternative form of electronically recorded acceptance using telephony or messaging technology;
2.2. You should be aware that Ezmuve may make changes to this Agreement without notice to you at any time. In the event that we need to make changes to this Agreement, we will publish an amended version of this Agreement on our Website. It is your responsibility to check the Website for any such changes and you agree to be bound by such changes if you continue to use the Services.
2.4. This Agreement is governed by and should be read in conjunction with the laws of England and Wales. You and Ezmuve agree to the exclusive jurisdiction of the courts of England and Wales should any dispute between us arise.
3. Our Services
3.1. Available Services 3.1.1. Full details of the Services offered by Ezmuve from time to time are available on the Website.3.1.2. Ezmuve may amend or withdraw the Services from offer to the public at any time. Details of such amendment or withdrawal will be publicised on the Website. This will not affect the provision of any Services which Ezmuve has agreed to supply to you following the acceptance of an order pursuant to clause 3.2 below. 3.1.3. Whilst we will make all reasonable efforts to ensure the Services are available at all time, Ezmuve does not guarantee, represent or warrant that access to any of the Services will be uninterrupted or error-free.
3.2.1. You may submit an order to Ezmuve for the Services at any time through the Website or via telephone correspondence with the Ezmuve sales team. Ezmuve may accept or reject such order in its absolute discretion. If the order is accepted by Ezmuve, we will supply the Services specified therein on the terms of this Agreement. 3.2.2. When you submit an order for Services you confirm that:
18.104.22.168. Each person and/or entity with a legal or beneficial interest in the property, including (if applicable) each current occupier, is aware of and has consented to your actions; and 22.214.171.124. You have obtained all relevant consents and authorisations from any relevant authority as are required to enable you to take advantage of the Services.
3.3. You accept that Ezmuve may from time to time choose to carry out identity and regulatory checks with the information you have provided to us. Any checks will not appear on your credit history.
3.4. Property Advertisement
3.4.1. The provision of any Service which involves the advertisement of your Property by Ezmuve (“Advertising Services”) will be subject to the following terms and conditions.3.4.2. Advertising Services Ezmuve will advertise and market your property on such property portals, website or publications as we consider to be the most effective at securing interest on your property from potential purchasers or tenants in our absolute discretion. We may withdraw or no longer take advantage of the services of such property portals, websites or publications at our absolute discretion.
3.4.3. Property Information
You take full responsibility for the accuracy, completeness and veracity of any information provided to Ezmuve and published on the Website in relation to any Property (“Property Information”). You agree to promptly inform Ezmuve of:
a) Any inaccuracies in the Property Information; and
b) Any material changes which may affect the Property Information.
3.4.4. Energy Performance Certificate
You acknowledge that it is a legal requirement for you to have an Energy Performance Certificate (“EPC”) in order to advertise and market your Property. It is your responsibility to secure a valid and up to date EPC, which you will provide to Ezmuve within seven (7) days of any advertisement in respect of your Property being published. 3.4.5. Home Report
You acknowledge that it is a legal requirement for you to provide a Home Report in respect of any property situated in Scotland, in order to advertise and market your Property. It is your responsibility to commission a valid Home Report, which you will provide to Ezmuve prior to any advertisement in respect of your Property being published. 3.4.6. Ezmuve Home Visits You are entitled to one home visit per Property in respect of which you have purchased Advertising Services, to conduct photographs and floor plans for marketing purposes in respect of your Property. Any additional visits may incur an additional Charge in accordance with clause 4.2.1. You hereby authorise a representative of Ezmuve to have access to your Property for the purpose of carrying out such home visit.
3.5. Conveyancing Referral Services
3.5.1. The provision of any Service which involves the referral by Ezmuve of conveyancing services offered by third parties (“Conveyancing Referral
Services”) will be subject to the following terms and conditions.
On purchase of a Conveyancing Referral Service, Ezmuve will refer you to a firm to carry out your conveyancing (the “Conveyancing Firm”). The choice of firm will be at the absolute discretion of Ezmuve, state that Ezmuve will only refer you to Conveyancing Firms which are registered with the Law Society of England and Wales as being entitled to practice law within the jurisdiction of England and Wales or will be registered with the Council of Licensed Conveyancers, and have at least two million pounds (£2,000,000) of professional liability insurance.
3.5.3. Contractual Relationship
The Conveyancing Firm will be your conveyancers and you will be their client; this relationship will be subject to the protection afforded by the rules and procedures of the Law Society of England and Wales or the Council of Licensed Conveyancers. Ezmuve will not be responsible for providing any conveyancing services and makes no representations or warranties as to the services provided by the Conveyancing Firm and accepts no liability for the conduct of the Conveyancing Firm. The provision of such services will be governed by the separate agreement entered into by you with the Conveyancing Firm for the delivery of those services.
3.5.4. Fees and Included Services
On purchase of a Conveyancing Referral Service, you will pay a single Fee in respect of the following:
a) standard conveyancing services to be undertaken by the Conveyancing Firm (a list and explanation of the scope of such services can be provided to you on request); and
b) a referral fee of up to a maximum amount of three hundred pounds (£300) plus VAT per Property to Ezmuve from the Conveyancing Firm in respect of referring you to use their conveyancing services.
In the case that Ezmuve collect the fee you hereby authorise Ezmuve to hold all Fees paid in respect of the conveyancing services on trust for you until such time as the Conveyancing Firm requests payment, at which point Ezmuve will be authorised to transfer all such Fees to the Conveyancing Firm.
3.5.5. Fees and Excluded Services
The Fees payable to Thomas Stoner Properties Limited on purchase of a Conveyancing Referral Service do not include the following, in respect of which additional charges may be payable to the Conveyancing Firm:
a) work and services required over and above the standard conveyancing services (a list and explanation of the additional charges can be provided to you on request); and
b) required payments to third parties (disbursements) including (without limitation), stamp duty, land registry fees, and fees for searches.
3.5.6. Cancellation/Refund Policy
In the event that you wish to cancel a purchased Conveyancing Referral Service, the following terms and conditions will apply to the exclusion of any other cancellation and/or refund terms provided in this Agreement.
If you have chosen to pay for the Conveyancing Referral Services on a Pay Now basis, the following refund policy will apply:
a) If no conveyancing services have been carried out by the Conveyancing Firm, you will be entitled to a full refund;
b) If the case has been opened by the Conveyancing Firm and any work has been undertaken in relation to your Property by the Conveyancing Firm, you will be entitled to a 50% refund.
c) If a draft contract has been produced by the Conveyancing Firm, full payment is due and you will not be entitled to any refund. If you have chosen to pay for the Conveyancing Referral Services on a Pay Later basis, the refund policy may be implemented by cancelling any loan that acted as payment for the Order.
Notwithstanding the above, you acknowledge and agree that in no circumstance will you be entitled to any interest that may have accrued on any Fee payments from the date of payment to the date of refund.
3.5.7. Lawyers Referral Code
126.96.36.199. You hereby acknowledge that Ezmuve is fully compliant with the Solicitors’ Introduction and Referral Code published by the Law Society and the Rules and Regulations detailed by the Council for Licensed Conveyancers. To the best of our knowledge, all professionals on our panel are independent firms from whom you will receive impartial and confidential advice.
188.8.131.52. The Law Society and Council for Licensed Conveyancers allows firms to make agreements with their introducing sources for referral cases. Such agreements must comply with a code known as the Solicitors Code of Conduct (2011). The Code contains strict rules which are designed to safeguard your interests as the customer. Ezmuve, and the firms on our panel, have a formal agreement under the Solicitors Code of Conduct.
3.6. Third Party Services
From time to time, Ezmuve may advertise Third Party Services to you in return for which Ezmuve may derive commission. Ezmuve makes no representations or warranties as to the Third Party Services, and accepts no liability for the conduct of such third parties. Should you wish to purchase Third Party Services, the provisions of such Third Party Services will be governed by the agreement signed with the third party for the delivery of those services.
4. Fees and Charges
All Fees are as advertised on the Website, are inclusive of VAT and will be confirmed by Ezmuve at the time you submit an order for any Service.
In addition to the Fees payable in respect of any ordered Service, Ezmuve reserves the right to charge additional fees (together the “Charges”) in the following circumstances:
4.2.1. If you request additional services beyond the scope of the Services; or
4.2.2. If you cancel any scheduled media visit to your property after 5pm on the day before the appointment is due to commence.
The amount of any Charge will be determined by Ezmuve in accordance with reasonable industry practice and notified to you accordingly. In the case of a cancelled media visit, or a cancelled Order on which a media visit was completed, the amount with be £100 exclusive of VAT.
5.1. Information held on the Website and elsewhere is intended for your general information and, as such, should only be treated as a guide. Ezmuve has used all reasonable endeavours to ensure the accuracy and completeness of the Website. We do not give any representations, assurances, undertakings or warranties about the accuracy, correctness or fitness for purpose regarding the site or any website referred to by it (a “Third Party Site”). You should seek appropriate professional advice before taking any action based on any information held on the Website.
5.2. Ezmuve does not approve or endorse any information contained on any Third-Party Site, including those of any providers of Third Party Services advertised by Ezmuve, and accepts no responsibility or liability for this information or its content.
5.3. Ezmuve, its suppliers or other third parties mentioned on this site will not be liable for any damages arising out of the use, inability to use, or results of use of the Website, any web sites linked to this site or any material or information contained on the Website.
5.4. The contents of the Website, its hard copy documentation and media files are the copyright of Ezmuve. You may make copies for your personal use only. You are not permitted to copy, distribute or use its contents in any other way without our prior written consent.
5.5. Fee comparisons and statements made by Ezmuve relating to fee savings compared to third parties are formulated using average house price data published by the UK government, industry bodies and private financial institutions, and are calculated using average alternative estate agency fee data as published from time to time by respected industry and government sources including the Office of Fair Trading.
In respect of certain Services (as detailed on the Website), Ezmuve offers you the choice to pay Fees and Charges either at the point of order (“Pay Now”) at a later date (“Pay Later”), or only upon exchange of contracts for the sale or leasing of the Property (“Pay on Sale”), subject to the conditions as set out within this Agreement. In the absence of any express indication to the contrary, all Fees and Charges must be paid on the Pay Now basis.
6.1.1. Pay Now
The following terms and conditions apply to Services provided on the Pay Now basis. You agree to pay all Fees on submitting an order for any Services.
6.1.2. Pay Later
The following terms and conditions apply to Services provided on the Pay Later basis. You agree to pay all Fees and/or Charges on the earliest of the following events:
a) On completion of the sale or leasing of the Property;
b) On your request for Ezmuve to cease provisions of the Services in full;
c) The deferred payment date (being up to 12 (twelve) months from the date on which you submit an order for the relevant Services) as specified in your agreement with the Finance Provider.
The Pay Later facility is provided on an interest free basis through a third-party finance provider of Ezmuve’ s choice (the “Finance Provider”). You agree that Ezmuve can disclose such information as may be required to the Finance Provider for the purposes of providing this facility.
6.1.3 Pay on Sale
The following terms and conditions apply to Services provided on the Pay on Sale basis:
a) Ezmuve shall provide Advertising Services for a period of 6 months commencing on the date on which the Property is first listed for sale (“Pay on Sale Period”).
b) At the end of the Pay on Sale Period, Ezmuve shall be under no further obligation to provide any further Advertising Services, but shall have the right to elect, at its sole discretion, to continue to provide Advertising Services for an additional period of up to 6 months (“Extended Pay on Sale Period”)
c) You agree that Ezmuve shall be your sole and exclusive agent for a period of 12 weeks commencing on the date on which the Property is first listed for sale (“Sole Agency Period”).
d) The applicable Fees and Charges shall become payable on the earliest of the following events:
i. if at any time contracts for the sale of the Property are exchanged with a Buyer introduced by Ezmuve during the Pay on Sale Period, or with whom Ezmuve had negotiations about the Property during the Pay on Sale Period; or
ii. if applicable, if at any time contracts for the sale of the Property are exchanged with a Buyer introduced by Ezmuve during the Extended Pay on Sale Period, or with whom Ezmuve had negotiations about the Property during the Extended Pay on Sale Period; or
iii. a Buyer is introduced by another agent during the Sole Agency Period; or
iv. after the Pay on Sale Period has ended, an individual that was introduced by Ezmuve or with whom Ezmuve negotiated about the Property during the Pay on Sale Period becomes the Buyer of the Property.
e) The Fees and Charges must be paid out of the completion monies relating to the sale or leasing of the Property before any other disbursements, except solicitors’ or conveyancers’ fees. Payment of the Fees and Charges shall be made on your behalf by your solicitors/conveyancer, and you are responsible for ensuring that they are fully aware of this. Your acceptance of these terms and conditions authorises your solicitor/conveyancer to settle Ezmuve’s account in accordance with this Agreement.
f) In the event that your appointed solicitor/conveyancer does not pay the Fees and Charges then you are liable to settle the amount to us on the Completion Date.
g) Upon commencement of the Pay on Sale Period or Extended Pay on Sale Period, you shall not be entitled to transfer to Services provided on either the Pay Now or Pay Later basis.
6.2. Payment Method
6.2.1. Payments may be made by credit or debit card. Ezmuve does not accept any liability if payment is refused, or declined, by the debit or credit card supplier.
6.2.2. In respect of online payments only, Ezmuve will confirm that your payment has been successful through an online confirmation screen and (if you have supplied a valid e-mail address) by confirmation email. Please keep a note of the transaction receipt number, as you will need to quote this if you have any queries with your payment.
6.3.1. The company provides a secure online payments facility, fully managed to Level 1 approval in line with the Payment Card Industry (PCI) requirements. Once you click on the link to make a payment you will be re-directed to a fully hosted secure managed environment. All information that you send will be fully 128 bit encrypted.
6.3.2. The online payment service is fully managed externally by Paypal, SagePay, Barclaycard and Ezmuve does not hold any card details on any of its servers or within its infrastructure. Ezmuve does not have any access to your card details on the managed service.
6.3.3. The online payments system complies with all industry financial security requirements and Ezmuve will continue to enhance the application to the highest security standards.
6.4. Payment Issues
6.4.1. In the event that you believe that you have been billed in error, you must notify Ezmuve immediately upon becoming aware of the discrepancy. We will review all such notifications and, if in agreement with your assessment, will issue a refund in respect of the incorrect charge.
6.4.2. If you should have any difficulties with the payment process you can contact the company at any of the following: Email: firstname.lastname@example.org
Post: Thomas Stoner Properties Limited T/A Ezmuve, 501 Bradford Road, Carlinghow Mills, Batley, WF17 8LL
7. Cancelation and Refunds
7.1. From the point of order of the Services, you are entitled to a 14 (fourteen) day cooling-off period (“Cooling Off Period”) during which you may cancel the Services and (subject to the below) receive a full refund for any Fees or Charges paid. Ezmuve shall not commence Services unless requested to do so by you. In the event that Ezmuve has provided you with Services during the Cooling Off Period (at your request), any refund will be adjusted to reflect the cost of Services provided up until cancellation, in accordance with the following
a) media visit – £100 (excl. VAT)
b) EPC certificate – £70 (incl. VAT)
7.2. Following the Cooling Off Period, you are entitled to cancel the Services at any time but will not be entitled to any refund, irrespective of whether the Services ordered have been performed.
8.1. Ezmuve will only use any personal information you provide us for the purposes of providing the Services to you or otherwise performing its obligations under this Agreement. We will only hold your information for as long as necessary for these purposes. All employees who have access to your personal data or are associated with the handling of that data are obliged to respect the confidentiality of your personal data.
8.2. Upon request we will inform you whether personal information is stored by us. You can contact the company at any of the following:
Post: Thomas Stoner Properties T/A Ezmuve, 501 Bradford Road, Carlinghow Mills, Batley, WF17 8LL
8.3. If you have concerns about the processing of your personal data by the company you may contact the company at the address above, or:
The Information Commissioners Office, Wycliffe, HouseWater Lane, Wilmslow, Cheshire SK9 5AX
8.4. The company may in the future require you to register and be authenticated with us in order for you to access extra services. The information will not be used for sending you newsletters or other promotions unless stated.
9. Feedback Comments and Complaints
9.1. The company welcomes your feedback and comments about Ezmuve and its products. If you wish to supply any feedback, please email email@example.com.
9.2. It is a condition of our membership of the Property Ombudsman Scheme that we provide information relating to our complaint’s procedure. In the event of a complaint correspondence should be sent to Thomas Stoner Properties Limited T/A Ezmuve, 501 Bradford Road, Carlinghow Mills, Batley, WF17 8LL or emailed to firstname.lastname@example.org. All complaints will be acknowledged swiftly, investigated and we will make reasonable efforts to respond within five working days.