Terms & Conditions

This agreement constitutes a contract between Visum Ltd as the supplier (hereinafter called 'Visum', 'we', or 'us') and a you as the customer ('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 marketing, letting or sale of your property.

Buyer:  A person buying your property.

Tenant:  A person 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 Visum Ltd a company registered in England, company registration number 5146176, registered office being The Meridian, 4 Copthall House, Station Square, Coventry, CV1 2FL.

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.

Payment & Commission:

When you instruct us to market your property, you will 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 monthly basis for as long as the service is utilised. Services that incur a recurring monthly 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.

Marketing Your Property:

We market your property via listings on our partner websites. We may advertise your property in any other media at our absolute discretion. The current list of partner websites is rightmove.co.uk, primelocation.com, findaproperty.com, zoopla.co.uk and globrix.com. 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. Accordingly the list of partner websites is subject to change without notice

We cannot begin marketing your residential property without a current Energy Performance Certificate (EPC) being in place. We can arrange an Energy Performance Test to take place (for an extra charge) if you wish.

Viewings:

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 instances that may occur during a viewing.

The Property Misdescriptions Act 1991:

In order to ensure compliance with the terms of the Property Misdescriptions Act 1991 (where applicable) we reserve the right not to publish any information provided by you. You agree without reservation to indemnify us, our proprietors, employees, or agents against any claim made in respect of the property or any misdescriptions here in that arises wholly or partially out of your act or default.

Prevention of Money Laundering:

To comply with the terms of the Money Laundering Regulations of 2003 we must carry out identity checks on the buyers and owners of properties we list. In order to successfully complete the checks we may require you to supply supporting information and evidence (normally copies of passports, driving licenses, utility bills and bank statements). You agree to supply any information we request. Failure to supply requested information will result in the termination of any service without refund of any monies paid and may result in the involvement of the police if we deem the circumstances suspicious

Delivery of Service:

The service relies on the actions of third parties out of our control. We cannot and will not be held responsible for the actions or inactions, problems, errors or omission of third parties that effect the delivery of the service. We cannot guarantee the consistency or continuation of the services provided by third parties and we offer no refund for users if a third party service is discontinued or made unavailbale to us. However we will seek alternative services without unreasonable delay. At our sole discretion we may offer a whole or partial refund.

You can cancel any service without a refund at any time for any reason and we will cease marketing your property.

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.

We will endeavour to have your advert live on our partner media within 24 hours of receiving your completed property details and 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 or details we prepare and that you approve, but we reserve the right to edit and amend any aspect of any property advert for any reason. The main reasons for amendment will be to correct errors, but we may edit for any reason at our discretion. You must not insert any of your personal contact details into the advert text. If you do we reserve the right to cease marketig 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 market before you can instruct us. You can instruct us if you've not yet completed the purchase of the property, 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 expediate a move out. You will be required to submit ID to prove your status before we market your property. 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 that you and the property comply with all current UK law. 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.

Depending on the service you've taken we require you to either: log into your account at most every 28 days to click a button to extend the marketing period (there is no charge for this), or to make a further payment to extend the marketing period. Unless you take the service appropriate course of action outlined in the previous sentence then marketing of your property will be automatically paused by our system at the 28 day mark (for lettings properties) or the 1 month mark (for sales properties). If you miss the deadline and your ad goes offline, or if you take it offline for some other reason, then there is a 2 week window to put it back online without incurring any extra fees. If this 2 week grace period passes then the same payment will need to be made as was paid when first instructing us before we will recommence marketing. Extending a lettings ad to keep it online after the 3 month mark is entirely at our discretion in order to prevent abuse of the service.

For properties marketed for let only (the following does not apply to properties marketed for sale): The marketing for house shares/flat shares/rent a rooms, holiday lets, retirement apartments and commercial properties is restricted to one month in length and cannot be extended beyond this time without further payment. 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 tenantor 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 reltive to the competition), the popularity of it's location and many more factors.

You accept without reservation that the free gift of the tenancy paperwork pack comes without any guarantee as to it's 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 regards 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 Le't 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.

We reserve the right to amend these terms of use at any time without notification. Users with properties being market at the time of a change of terms will be allowed 2 weeks to comply with any change of terms that requires action on their behalf.

Any breach of these terms invalidates any refund or other 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.

By paying for the service you agree without reservation or exception to the terms and conditions above.