1.1 What these terms cover. These are the terms and conditions on which we supply services to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will supply services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2.1 Who we are. We are Tenant Debt Recovery Agents Ltd. We are registered in England and Wales under company number 9766123 and we have our registered office at c/o Mark Appleyard Limited, Richmond House, White Rose Way, Doncaster DN4 5JH. Our main trading address is 25 High Street, Doncaster DN5 0AA. We are not currently registered for VAT.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0333 360 1203 or by writing to us at email@example.com or at 25 High Street, Doncaster DN5 0AA.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our Service Partners.
3.1 We act as a marketing and fee collection agency for our Service Partners, who are Sutherland & Co Law Limited and Force 10 Property Management Limited and they will contact you directly to provide some parts of the services you order from us. In that respect we act as their agent.
3.2 Where the services are provided by either of our Service Partners, the fee our Service Partners charge for the service will be paid out of the fee you pay to us and that element is collected by us on behalf of the relevant Service Partner.
3.3 You authorise us to inform our Service Partners about your order and any information you have provided to us may be passed to our Service Partners.
3.4 Sutherland & Co Law Limited is a firm of solicitors who are authorised and regulated by the Solicitors Regulation Authority.
4.1 How we will accept your order. Our acceptance of your order will take place when either we or one of Service Partners email you to accept it, at which point a contract will come into existence between you and us.
4.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the service. This might be because of unexpected limits on our resources which we could not reasonably plan for, because of legal or professional impediment (for example a conflict of interest), because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the service or because we are unable to meet a delivery deadline you have specified.
4.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.4 We only provide our services in relation to tenancies (and associated rent arrears) for properties situated in England and Wales. Unfortunately, we do not accept orders in relation to rent arrears or properties outside England or Wales.
If you wish to make a change to the service you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6.1 Minor changes to the services. We may change the services:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat.
6.2 More significant changes to the services and these terms. In addition we may make other changes to these terms or the services, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
7.1 When we will provide the services. We will begin the services on the date we accept your order. The estimated completion date for the services is as told to you during the order process.
7.2 We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
7.3 Your legal rights if we deliver late. You have legal rights if we deliver our services late. If we miss the delivery deadline for any services then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to provide the services;
(b) provision of the services before the deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
7.4 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.3, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.5 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.3 or clause 7.4, you can cancel your order for any of the services that have been delivered.
7.6 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you, for example, names and addresses of persons who owe you money, a copy of the relevant tenancy agreement, or evidence of registration of any relevant rent bond. This information and documentation is requested when you place the order via our website. We will contact you in writing to ask for this information if it is incomplete or we need further information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.7 Reasons we may suspend the supply of services to you. We may have to suspend the supply of a service to:
(a) deal with technical problems or make minor technical changes;
(b) update the service to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the service as requested by you or notified by us to you (see clause 6).
7.8 Your rights if we suspend the provision of the services. We will contact you in advance to tell you we will be suspending the provision of the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 21 days we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 28 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.9 We may also suspend provision of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 12.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend provision of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending provision of the services. We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 12.5).
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the service or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the service you have ordered and you do not wish to proceed;
(c) there is a risk that provision of the service may be significantly delayed because of events outside our control;
(d) we have suspended supply of the service for technical reasons, or notify you we are going to suspend it for technical reasons, in each case for a period of more than 28 days; or
(e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.3).
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products and services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of services, once these have been completed, even if the cancellation period is still running.
8.5 How long do I have to change my mind? You have 14 days after the day we or one of our Service Partners email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we or our Service Partners will incur as a result of your ending the contract
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 0333 360 1203 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the on our website – Click here for more information.
(c) By post. Print off the form by clicking here and post it to us at the address on the form. Or simply write to us at that address, including the information required in the form.
9.2 How we will refund you. We will refund you the price you paid for the services, by the method you used for payment. However, we may make deductions from the price, as described below.
9.3 Deductions from refunds. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
10.1 We may end the contract if you break it. We may end the contract for a service at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; or
(b) you do not, within a reasonable time of us asking for it, provide us with documentation or information that is necessary for us to provide the services, for example, the amount due, the names and addresses of the people who owe you money, the tenancy agreement, evidence of registration of any deposit.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone our customer service team at 0333 360 1203 or write to us at email@example.com or at 25 High Street, Doncaster DN5 0AA.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
|Summary of your key legal rightsThis is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.If your product is goods, for example [furniture or a laptop], the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:· up to 30 days: if your item is faulty, then you can get a refund. · up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. · up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back. If your product is digital content, for example [a mobile phone app or a subscription to a music streaming service], the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:· if your digital content is faulty, you’re entitled to a repair or a replacement.· if the fault can’t be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back· if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensationIf your product is services, for example [a support contract for a laptop or tickets to a concert], the Consumer Rights Act 2015 says:· you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.· if you haven’t agreed a price upfront, what you’re asked to pay must be reasonable.· if you haven’t agreed a time upfront, it must be carried out within a reasonable time.|
12.1 Where to find the price for the product. The price of the services (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the service advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the service, we will adjust the rate of VAT that you pay, unless you have already paid for the service in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated on our website, we will contact you for your instructions before we accept your order.
12.4 When you must pay and how you must pay. We accept payment via paypal. You must make an advance payment of 100% of the price of the services, before we start providing them.
12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of National Westminster Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We are not liable for business losses. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We are not responsible for the actions or failures of tenants or guarantors. We cannot guarantee that tenants (or former tenants) or guarantors will pay what they may owe you, even if a Court judgment is obtained against them.
13.4 Courts. In some cases a judge has a discretion as to whether to make an order for possession or a suspended order for possession. We cannot be responsible for any order a Court may make.
14.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the services to you;
(b) to inform our Service Partners to enable them to provide the services to you;
(c) to process your payment for the services; and
(d) if you agreed to this during the order process, to inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
14.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
14.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.