TERMS AND CONDITIONS OF SERVICE
Update 1st June Tenant Fee Ban Legislation
Please see our articles on relevant letting fees and tenant protection information for I Am The Agent managed stock, and more information on for landlords on the Tenant Fee Ban Legislation and changes to I Am The Agent listing approval processes.
Last updated and Effective Date: January, 15th, 2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR OBLIGATIONS WHEN USING I AM THE AGENT.COM.
Welcome to I Am The Agent.com. This agreement ("this Agreement" or "the Terms and Conditions of Service") describes the terms and conditions on which I Am The Agent Ltd offers you access to I Am The Agent. com. "I Am The Agent.com" or "the Service" or "this Site" means the online marketing/advertising of property and other services provided in connection with the online estate agency offered by I Am The Agent Ltd.
This offer is conditioned on your agreement to be bound by all the terms and conditions contained in these Terms and Conditions of Service without variation, including the policies and terms linked to or otherwise referenced in this Agreement.
By using I Am The Agent.com, you agree to and accept the Terms and Conditions of Service. If you do not agree, you should decline this Agreement, in which case you are prohibited from accessing or using I Am The Agent.com.
We may change the Terms and Conditions of Service at our discretion by changing them on this Site. The then current version of the Terms and Conditions of Service will apply whenever you use I Am The Agent.com.
TABLE OF CONTENTS
This Agreement includes both the terms above and the following sections, which you may jump to directly by selecting the appropriate link below. The headings and sub-headings are for your convenience only. You are responsible for reviewing all sections, defined terms and related links in their entirety to ensure you fully understand this Agreement.
1. Account registration and billing
2. The Service
3. Your responsibilities
4. Intellectual property rights
5. Conduct of Users
6. Privacy and your private information
7. Liability and indemnification
8. Suspension and termination of your account
9. Legal jurisdiction
11. General provisions
1. ACCOUNT REGISTRATION AND BILLING
1.1 You must establish an account to use the Service, using true and accurate registration information.
You must establish an account ("the Account") with I Am The Agent Ltd to use the Service, except for those portions of the Site which I Am The Agent Ltd allows users to access without registration. You may not transfer or assign your Account and its contractual rights and obligations, to any third party without the prior written consent of I Am The Agent Ltd.
You agree to provide accurate, current and complete information about yourself and or your property as prompted by the registration form ("Registration Data") and to use the account management tools provided to keep your Registration Data accurate, current and complete.
1.2 If you choose to use paid aspects of the Service, you agree to the posted pricing and billing terms on this Site.
Certain aspects of the Service are provided for a fee or other charge. These fees and charges are set forth on this Site. Should you elect to use paid aspects of the Service, you agree to the pricing, payment and billing policies posted on this Site applicable to such fees and charges, plus VAT or other taxes as applicable. I Am The Agent Ltd may add new services from time to time for additional fees and charges, or prospectively amend fees and charges for existing services.
1.3 You may cancel your posting on the Service or the services provided by I Am The Agent Ltd for any reason within 24 hours.
You may cancel your posting on the Service or the services provided by I Am The Agent Ltd for any reason within 24 hours after the on-line payment for the advertisement and/or such service was made by you. I Am The Agent Ltd will pay you a refund of the fee for the cancelled marketing service subject to a valid reason and provided the cancellation notification was received by I Am The Agent Ltd in writing during the initial 24 hours after the on-line payment for such service was made by you and within working hours 9am –5:00pm. No refund will be given when you receive an enquiry for the posting through the service into your account, within the initial 24-hour period. No refund will be given if you are found to be an estate or letting agent or posing as an owner of a property without the valid authorisation to sell or rent the property in accordance with the Land Registry. No refund will be given if you have received a service provided by a third party or by our contracted service: EPC, Gas Safety, referencing, photography and floorplans. If a service is booked and you do not attend the appointment, nor cancel in writing within 24 hours and in office hours, the full fee is payable.
2. THE SERVICE
2.1 All aspects of the Service are subject to change or elimination.
I Am The Agent Ltd has the right to change and/or eliminate any aspect(s), features or functionality of the Service as it sees fit at any time without notice, and I Am The Agent Ltd makes no commitment, expressed or implied, to maintain or continue any aspect of the Service. You acknowledge that your use of the Service is subject to this risk and that you knowingly assume it and make your decision to participate in the Service, contribute data either written or photographic ("Content") and spend money accordingly.
2.2 I Am The Agent Ltd is a service provider and is not responsible or liable for Content, conduct or services of users or third parties.
You understand that I Am The Agent Ltd is a service provider that enables its users to interact on-line and off-line, display and communicate information and Content chosen by those users, and that users likewise can alter the service environment on a real-time basis. I Am The Agent Ltd does not control or endorse the Content and communications between users or users’ interactions with each other or with the Service.
You acknowledge that you will be exposed to various aspects of the Service involving the conduct, Content and services of users, and that I Am The Agent Ltd does not control and is not responsible or liable for the quality, safety, legality, truthfulness or accuracy of any such conduct, any Content uploaded, published or submitted by users to or through the Service ("User Content"), or user services. You acknowledge that I Am The Agent Ltd does not guarantee the accuracy of information submitted by any user of the Service, nor any identity information about any user. Your interactions with other users and use of User Content and user services are entirely at your own risk.
You agree that I Am The Agent Ltd has and may exercise the right in its sole discretion to pre-screen, refuse, or delete any User Content or user services from the Service or disable any user’s access to the Service without notice or liability to you or any other party, including upon our belief that such user’s conduct, Content, services, or use of the Service is potentially illegal, threatening, or otherwise harmful to any user or other person or in violation of our Terms and Conditions of Service or other policies.
2.3 I Am The Agent Ltd may on occasion need to interrupt the Service with or without notice.
I Am The Agent Ltd may on occasion need to interrupt the Service with or without notice. You agree that I Am The Agent will not be liable for any such interruption of the Service (whether intentional or not), and you understand and accept that you will not be entitled to any refunds of fees or other compensation for interruption of service.
Likewise in the event of any deletion of data, corruption or data loss, you agree that I Am The Agent Ltd will not be liable for any purported damage or harm arising from that.
2.4 For Sale boards/To Let Boards will be supplied on request or as part of a package.
I Am The Agent Ltd will use all reasonable efforts to supply either a For Sale board or a To Let board within 5 working days of receipt of a request for such a board. This is subject to any postal delays due to postal strikes or courier delays. Should you wish to add your own telephone number on the board, I Am The Agent Ltd will not be liable for any solicited or unsolicited calls, which your board may attract.
In the event that a For Sale board/To Let board arrives in a faulty condition, or displays incorrect information, a replacement board will be sent out. A replacement board will not be given for accidental damage; however, a new For Sale b/To Let board may be purchased in that instance.
Please note: We will not allow For Sale or Let boards from other parties or agent. If an ad or photos show any other agency, I Am The Agent Ltd reserve the right to remove the image or blur out any other trademarks or branding.
2.5 I Am the Agent Ltd does not guarantee a sale or rental of your property as a result of their services.
I Am the Agent Ltd does not guarantee a sale or rental of your property as a result of their services and under no circumstances will fees be refunded if this is not achieved.
I Am The Agent Ltd may remove: (1) any property to Let on this Site after 4 weeks, 3 months of its posting on I Am The Agent.com; and (2) any property for Sale on this Site after 12 months of its posting on I Am The Agent.com.
I Am The Agent Ltd will use all reasonable efforts to respond to your enquiries within a timely manner, and in most cases all queries will be responded to within 24 hours or before.
The publication of the properties on I Am The Agents Ltd’s partner sites is potentially subject to amendment or cancellation without notice. This is due to the fact that the partner sites may impose changes, and as such I Am The Agent Ltd cannot guarantee unlimited publication with them.
I Am The Agent cannot guarantee the placement and area of your property. This is governed by Zoopla and Rightmove groups on their systems and cannot be changed. The map longitude and latitude is led from the map positioning of a full postcode and I Am The Agent cannot change this or their system to facilitate individual requests.
2.6 Advertising periods will be calculated from the date a property listing is activated and will expire at the end of the advertised period or when the property is let or sold, whichever is sooner.
For lettings packages, the period of four weeks means 28 days from activation and the period of three months means 90 days from activation. The periods includes bank holidays and other notable holidays as well as time under offer or withdrawn, or delay due to ownership verification.
3. YOUR RESPONSIBILITIES
3.1 You agree to pay the fees in full for the services provided by I Am The Agent Ltd and selected by you on I Am The Agent.com and that you will pay such sums before the service(s) commence.
3.2 If you have a contractual agreement with an estate agent or any other party, you are solely responsible for adhering to the terms of such agreement. I Am The Agent Ltd will not be liable for any breach of that agreement.
3.3 You are responsible for setting the for sale and rental price for your property. I Am The Agent Ltd will not be liable for any incorrect pricing.
3.4 You are required to arrange and conduct the viewings of the property advertised by you on I Am The Agent.com. I Am The Agent Ltd have no responsibility for vetting potential tenants and buyers and this is solely your responsibility. You are solely responsible for your safety during viewings.
3.5 You agree to contact I Am The Agent Ltd to advise us of any changes to the status of your property, e.g. sold or taken off the market. This will enable potential buyers to have accurate information about the property, and will also stop any unnecessary interest.
3.6 I Am The Agent.com is an online estate agency that solely deals with property and therefore, you are prohibited from advertising any thing other then property.
3.7 You should check with your local authority for policies/restrictions relating to the display of the For Sale board/To Let board for your property. I Am The Agent Ltd does not accept any responsibility and/or liability for this.
3.8 You must respond to enquiries from potential tenants and buyers in a timely manner (within a 24 hour period). I Am The Agent reserves the right to remove your property from the portals if you fail to respond to an enquiry within 24 hours. if you do not respond or I Am The Agent receives 2+ complaint from potential buyers and tenants I Am The Agent may remove your property as a result of not responding to enquiries with 24 hours.
3.9 You will forfeit any refund if it is found that a registration for any of I Am The Agent services is made by a Letting Agent or Estate Agent.
3.10 You will need on request or after your order is placed to provide proof of ownership such as:
mortgage statement, utility bill, insurance document or bank statement. I Am The Agent have the right to remove the property of property portals and www.iamtheagent.com if the documentation is not received or you are found not to be the owner. If you are marketing the property on or behalf of the property owner we will need written verification from the owner of this agreement and the above information.
3.11 ID and user verification at I Am The Agent we take security very serious and try to avoid any kind of misuse or fraudulent activity to protect its users and property owners and we ask all property advertisers to email us ID such as: driving licence, passport or similar to verify. As part of the service all users must adhere to this request and if not supplied I Am The Agent reserve the right to remove your property and you will forfeit the fee.
3.11.1 Anti Money Laundering as part of our post charter sale we require ID and verification please see this document for further information: Post sales charter If we are not provided this information from the vendor we do
3.12 Where assisted viewings are purchased or included in a package, you will contact the viewers and agree dates and times for the viewings. You then pass the details of the viewers and the date of the viewing block agreed and times for each viewer (max six viewers per one hour block) to your dedicated PA so that I Am The Agent can arrange the appointment. Please note that at least 48 hours’ notice will be required in order to arrange block viewings, subject to I Am The Agent already being in receipt of keys or otherwise being able to gain access to the property. Please check with I Am The Agent in advance that the preferred viewing date and time is available. You are responsible to transferring the keys to I Am The Agent or its representative via the online key transfer system which may be subject to a charge. I Am The Agent accepts no responsibility for lost keys.
3.13 Listings must be for a whole property and not for individual rooms or sub-letting. Any shared properties (individual rooms) would need to be on a room by room listing. Our £49 packages do not cover shared properties 1 property/1 room, per listing. If a property is listed as multiple rooms and a room price, the system will automatically be removed from portals until the listing is rectified to a 1 property, 1 room listing.
3.14 Enquiry levels, if IATA have handled over 50 enquiries and the property listing is still not let, we do reserve the right to restrict marketing and investigate the reason for the property not being let whether that may be the listing not stating restrictions such as professionals only, no sharers etc, the property not being descriptive enough, the photos not showing a true perspective of the property and any other variants that may mislead enquirers. We will stop marketing until the property is updated or indefinitely if we feel our users/tenants are being misled or the property does not present a good standard of living.
3.15 Deposit management: If you are letting your property through I Am The Agent and are not taken advantage of the full management option it is your legal requirement to lodge the deposit within 30 days of receiving the funds. As a landlord you must put your deposit in a government-backed tenancy deposit scheme (TDP) if you rent your home on an assured shorthold tenancy that started after 6 April 2007. In England and Wales your deposit can be registered with one of the three deposit protection schemes government backed:
At the end of your tenancy
As a landlord you must return your deposit within 10 days of you both agreeing how much you’ll get back.
If you’re in a dispute with your tenant or landlord, then your deposit will be protected in the TDP scheme until the issue is sorted out.
3.16 We will not allow For Sale or Let boards from other parties or agent or third party advertising. If an ad or photos show any other agency, I Am The Agent Ltd reserve the right to remove the image or blur out any other trademarks or branding.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 You retain any and all intellectual property rights in content you submit to the Service.
You retain any and all intellectual property rights you already hold under applicable law in Content you upload, publish, and submit to or through the Service, subject to the rights, licences, and other terms of
In connection with Content that you upload, publish, or submit to any part of the Service, you affirm, represent and warrant that you own or have all necessary intellectual property rights, licences, consents, and permissions to use and authorise I Am The Agent Ltd to use the Content in the manner as contemplated by the Service and these Terms and Conditions of Service.
4.2 You grant certain Content licences to I Am The Agent by submitting your Content to the Service.
You agree that by uploading, publishing, or submitting any Content to or through the Service, you hereby automatically grant I Am The Agent Ltd a non-exclusive, worldwide, royalty-free, non- transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform the Content solely for the purposes of providing and promoting the Service.
4.3 I Am The Agent owns intellectual property rights in and to the Service, except all User Content, and in and to the I Am The Agents Marks.
I Am The Agent Ltd owns the intellectual property rights in and to the Service, (including the content of the Site and all documentation provided by/for sale from I Am The Agent Ltd ), except for all User Content, and in and to our trade marks, service marks, trade names, logos, domain names, taglines, and trade dress (collectively, the "I Am The Agent Marks").
I Am The Agent Ltd hereby grants you a non-exclusive, non-transferable, limited, revocable licence to access and use the Service for the promotion and advertising of property for sale and/or to let as set forth in the Terms and Conditions of Service and expressly conditioned upon you and of your Account remaining active, in good standing, and in full compliance with these Terms and Conditions of Service. Additional terms may apply to certain elements of the Service, these terms are available where such separate elements are made available on the Site.
4.4 You agree to respect the intellectual property rights of others, I Am The Agent Ltd and third parties.
You agree that you will not upload, publish, or submit to any part of the Service any Content that is protected by intellectual property rights or otherwise subject to proprietary rights, including trade secret or privacy rights, unless you are the owner of such rights or have permission from the rightful owner to upload, publish, or submit the Content and to grant I Am The Agent Ltd all of the license rights granted in these Terms and Conditions of Service.
5. CONDUCT OF USERS
5.1 You will not post or transmit prohibited Content, including any Content that is illegal, harassing or violates any person’s right.
You agree that you will not:
(1) Post, display or transmit Content that violates any law, or the rights of any third party including without limitation intellectual property rights;
(2) Impersonate any person or entity without their consent, or otherwise misrepresent your affiliation;
(3) Post, display or transmit Content that is harmful, threatening or harassing, defamatory, libelous, false, inaccurate, misleading, or invades another person’s privacy;
(4) You will not advertise third party services or suppliers through your advert or the marketing material that I Am The Agent supply.
(5) You will not link to third party adverts or external links within I Am The Agent sites
Any violation by you of the terms of this section may result in immediate suspension or termination of your Account without any refund or other compensation.
5.2 You agree that you will not post or transmit Content or code that may be harmful, impede other user’s functionality, invade other users’ privacy, or surreptitiously or negatively impact any system or network.
You agree to respect both the integrity of the Service and the privacy of other users. You will not:
(1) Post or transmit viruses, Trojan horses, worms, spyware, time bombs, cancel bots, or other computer programming routines that may harm the Service or interest or rights of other users, or that may harvest or collect data or personal information about other users without their consent;
(2) Post or transmit unsolicited or unauthorised advertising, or promotional materials, that are in the nature of “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation that I Am The Agent considers to be of such nature;
(3) Attempt to gain unauthorised access to any other users’ Account and/or Registration Details.
Any violation by you of the terms of this section may result in immediate suspension or termination of your Account without any refund or other compensation.
6. PRIVACY AND YOUR PERSONAL INFORMATION
7. LIABILITY AND INDEMNIFICATION
7.1 I Am The Agent Ltd is NOT liable for its users’ actions, and you release I Am The Agent Ltd from any claims relating to other users.
You agree not to hold I Am The Agent Ltd liable for the Content, actions or inactions of other users. As a condition of access to the Service, you release I Am The Agent Ltd (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities
and damages (actual or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more users, including whether or not I Am The Agent Ltd becomes involved in any resolution of the dispute.
7.2 I Am The Agent Ltd provides the Service on an “as is” basis.
I Am The Agent Ltd provides the Service and your Account strictly on an “as is” basis, and hereby expressly disclaims all warranties or conditions of any kind, written or oral, including without limitation the fitness of the Service for a particular purpose.
I Am The Agent Ltd do not ensure continuous, error free, secure or virus-free operations of the Service or your Account, and you understand that you will not be entitled to refunds or other compensation based on I Am The Agent Ltd’s failure to provide any of the foregoing other than explicitly provided in this Agreement.
7.3 I Am The Agent Ltd’s liability to you is expressly limited, to the extent allowable under applicable law.
In no event shall I Am The Agent Ltd or any of its directors, officers, employees, shareholders, subsidiaries, agents or licensors be liable to you or to any third party for any special, incidental, indirect, consequential damages, including without limitation any damages for lost data or lost profits, arising (whether in contract, tort, or otherwise)out of or in connection with the Service (including its modification or suspension) your Account (its termination or suspension) or this Agreement, whether or not I Am The Agent Ltd may have been advised that any such damages might or could occur.
In no event will I Am The Agent Ltd cumulative liability to you exceed £400.00.
7.4 I Am The Agent Ltd is not liable for faults or errors to property listings on our partner sites. I Am The Agent Ltd shall not be liable for faults or errors to property listings on our partner sites e.g., Rightmove, Zoopla, Prime Location, Fish 4, Nestoria, Trovit etc. We will, however, use all reasonable efforts to rectify any problem in a timely manner after notification by you of such a problem.
7.5 You agree to indemnify I Am The Agent Ltd from claims relating to your use of the Service.
At I Am The Agent Ltd request, you agree to defend, indemnify and hold harmless I Am The Agent Ltd, its officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims, expenses, including without limitation lawyers fees and costs arising from: (1) any breach by you of this Agreement, including without limitation your representations and warranties relating to your Content; or (2) your acts, omissions or use of the Service, including without limitation your
negligent, wilful or illegal conduct.
7.6 You are not our employee, and have no rights to compensation.
You acknowledge that your participation in the Service, including your creation or uploading of Content in the Service, does not make you an I Am The Agent Ltd employee and that you do not expect to be compensated by I Am The Agent Ltd for such activities, and you will make no claim inconsistent with these acknowledgements. In addition, no agency, partnership, joint venture, franchise relationship is intended or created by this Agreement.
7.7 Links and other third-party materials
content, components or features of the Systems may include materials and/or
services from third parties and/or hyperlinks to other web sites, resources or
Content. Because I Am The Agent may have no control over such third party
sites, services and/or materials, you acknowledge and agree that I Am The Agent
is not responsible for the availability of such sites, services or resources,
and does not endorse or warrant the accuracy of any such sites or resources,
and shall in no way be liable or responsible for any Content, advertising,
Systems or materials on or available from such sites or resources. You further
acknowledge and agree that I Am The Agent shall not be responsible or liable in
any way for any damages you incur or allege to have incurred, either directly
or indirectly, as a result of your use and/or reliance upon any such content,
advertising, systems or materials on or available from such sites or resources.
8. SUSPENSION AND TERMINATION OF YOUR ACCOUNT
8.1 You may terminate your Account at any time.
You may terminate this Agreement by closing your Account at any time for any reason. In such event, I Am The Agent Ltd shall have no further obligation or liability to you under this Agreement or otherwise, and you shall be entitled to no compensation or other payment, remedy, recourse or refund.
8.2 We may suspend or terminate your Account if you violate this Agreement.
I Am The Agent Ltd may suspend or terminate your Account if you violate this Agreement. Upon termination of your Account, this Agreement between us will be automatically terminated and you may not re-subscribe to the Service. You will not be entitled to compensation for such suspension or termination, and you acknowledge I Am The Agent Ltd will have no liability to you in connection with such suspension or termination.
8.3 We may suspend or terminate your Account upon general suspension or discontinuation of the Service.
If I Am The Agent Ltd elects to generally suspend or discontinue the Service, in whole or in part, for any reason, I Am The Agent Ltd may suspend or terminate your Account. In such event you will not be entitled to compensation for such suspension or termination, and you acknowledge I Am The Agent Ltd will have no liability to you in connection with such suspension or termination.
9. LEGAL JURISDICTION
This Agreement shall be governed by and is construed in accordance with English law and I Am The Agent Ltd and you irrevocably agree that any dispute arising out of or in connection with this Agreement will be subject to and within the jurisdiction of the English courts.
I Am The Agent Ltd aims to provide a high level of customer service and to treat all users of the Service in a fair and honest way. In the event of a complaint, please send an email at your earliest convenience to email@example.com or call us on 03334441007 or write to us at Customer Services, I Am The Agent Ltd, 8-13 Creekside, London, SE8 3DX.
The full complaint procedure can be found here:
11. GENERAL PROVISIONS
11.1 This Agreement constitutes the entire agreement between us.
This Agreement constitutes the entire agreement between us relating to the Service and supersedes all prior communications, understandings and agreements (whether written or oral) relating to the subject matter hereof. This Agreement may not be modified except by I Am The Agent Ltd as provided for
in Section 1.
The invalidity or unenforceability of any provision of this Agreement shall not affect the continuation in force of the remainder of this Agreement.
The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of this Agreement.
11.2 We agree to provide each other with notices in a specified manner.
I Am The Agent Ltd may give notice to you by electronic mail to your email address in our records, or by mail to the address on record for your Account. All notices given by you or required under this Agreement shall be mailed to us at I Am The Agent Ltd,8-12 Creekside, London SE8 3DX.