Service Terms & Conditions
These Terms will apply to any contract between us for the supply of Services to you (Contract).
PLEASE READ THESE TERMS CAREFULLY AND MAKE SURE THAT YOU UNDERSTAND THEM, BEFORE ORDERING ANY SERVICES FROM OUR SITE. PLEASE NOTE THAT BY ORDERING ANY OF OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND THE OTHER DOCUMENTS EXPRESSLY REFERRED TO IN IT.
You should print a copy of these Terms or save them to your computer for future reference. If you would like a full list of terms or need any help on explanations please feel free to contact us.
We amend these Terms from time to time as set out in clause 11. Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 01 July 2013.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.zevizoproperties.com. We, us and our means Zevizo Limited trading as Zevizo Properties, a company registered in England and Wales under company number 07687162 and with our registered office at 83 Caerphilly Road, Heath Cardiff CF14 4AE. Our VAT number is 123482629.
1.2 To contact us, please see our Contact Us page.
1.3 We are a member of The Property Ombudsman Scheme.
2. OUR SERVICES AND AVAILABILITY
2.1 We will supply the Services to you from the date of the Confirmation Email (as defined below), unless specified otherwise in the Sales Agency Terms , for the period set out in our Supplemental Terms.
2.2 The individual supplemental terms applying to the Services are set out in the (Supplemental Terms).
2.3 We shall use our reasonable endeavours to provide the Services during the Term with reasonable skill and care.
2.4 We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 14 for our responsibilities when an Event Outside Our Control happens.
2.5 We will need certain information from you that is necessary for us to provide the Services, for example:
(a) valid contact details including but not limited to home address, telephone number and email address;
(b) identification documentation for the purposes of compliance with the Money Laundering Regulations
2007 including but not limited:
(i) passport or drivers licence; and
(ii) one of: (a) Latest Bank Statement; (b) Utility bill no later than three months old; (c) Payslip; or (d) Work Permit (for overseas only);
(c) any details regarding your property which we may reasonably require to provide the Services; (d) if necessary, keys to your property as detailed in the Supplemental Terms; and
(e) any other information that we may require pursuant to the Supplemental Terms, including but not limited to your signature where necessary.
2.6 We will contact you in writing about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may make an additional charge of a reasonable sum to cover any extra work that is required, or we may suspend the Services by giving you written notice by email. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the Services under this clause 2.5, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any invoices we have already sent you.
2.7 We may have to suspend the Services if we have to deal with technical problems, or to make improvements agreed between you and us in writing to the Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause 2.7 but this does not affect your obligation to pay for any invoices we have already sent you.
2.8 If you do not pay us for the Services when you are supposed to as set out in clause 9.3, we may suspend the Services with immediate effect until you have paid us the outstanding amounts. We will contact you to tell you this.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 The copyright and all other intellectual property rights in our site including but not limited to all database rights, trademarks, service marks, trading names, text, graphics, code, files and links, belong to us or our licensors. Subject to our Terms, you may download material from our site for the sole purpose of receiving our Services. However, you must not copy, transmit, modify, republish, store, frame, pass-off or link to any material or information, in whole or part, on or available to download from our site without our prior written consent. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
3.2 Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
3.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
3.4 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with our reasonable standards.
4. YOUR OBLIGATIONS AND USE OF OUR SITE
4.1 Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
4.2 In order that we may supply the Services to you, you warrant to us that you are: (a) over the age of 18; and
(b) the owner, or the joint owner, of the freehold or leasehold property in respect of which we are to supply the Services.
4.3 You shall:
(a) co-operate with us in all reasonable matters relating to the Services;
(b) provide, for us, our agents, subcontractors, consultants and employees, in a timely manner and at no charge to us, access to your property as reasonably required by us or any of them;
(c) be responsible (at your own cost) for preparing and maintaining your property for the supply of the
(d) consent for us to erect a ‘For Sale’ or ‘For Let’ board outside your property; and
(e) if the property is unoccupied, be responsible for ensuring all services are turned off, heating and water systems drained and insurers notified.
4.4 Access to Premises:
(a) If we are arranging for someone to view your property and it is occupied, we must agree the arrangements with you or the occupier beforehand.
(b) If access to your property is required by a person on behalf of the Buyer (e.g. surveyor, builder, tradesman), and we are unable to accompany that person, we will use our reasonable endeavours to notify you beforehand and obtain your express permission.
4.5 Property Mis-description:
(a) By law, we are obliged to ensure that all information supplied to third parties about your property is accurate and not misleading. We will take reasonable steps to ensure that all information provided by you to us, is true and accurate. However, you are solely responsible for ensuring that all particulars on the sales purchase form are correct before completing the sale of the property.
(b) You shall inform us immediately if any information supplied by you to us regarding your property is incorrect.
4.6 You agree to indemnify us against all liability, loss, damage, cost, claim or expense incurred or suffered by us arising directly or indirectly from any breach by you of your obligations under this Contract.
5. HOW WE USE YOUR PERSONAL INFORMATION
5.1 We will use the personal information you provide to us to: (a) provide the Services;
(b) process your payment for such Services; and
(c) inform you about similar products or services that we provide, but you may stop receiving such correspondence at any time by contacting us.
5.2 You agree that we may pass your personal information to (i) credit reference agencies and that they may keep a record of any search that they do and (ii) any third party service provide who we may outsource certain services to.
5.3 We will not give your personal data to any other third party.
6. IF YOU ARE A CONSUMER
This clause 6 only applies if you are a consumer.
6.1 If you are a consumer, you may only purchase Services from our site if you are at least eighteen (18) years old.
6.2 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
6.3 As a consumer, you have legal rights in relation to the Services that are not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7. IF YOU ARE A BUSINESS CUSTOMER
This clause 7 only applies if you are a business.
7.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Services.
7.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
8. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
8.1 For the steps you need to take to place an order on our site, please see our How To Order Online page.
During the order process you when will be required to select the Services that you require. We do not warrant that such Services will be available and we do not provide indicators on our site.
8.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
8.3 After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 8.4.
8.4 We will confirm our acceptance to you by sending you an email (Confirmation Email). The Contract between us will only be formed when we send you the Confirmation Email.
8.5 If we are unable to supply you with Services for whatever reason, we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will refund you the full amount as soon as possible.
9. PRICE OF SERVICES
9.1 The price of the Services will be set out on our price list in force at the time we confirm your order. Our prices may change at any time, but price changes will not affect orders that we have confirmed with you.
9.2 These prices are subject to VAT. However, if the rate of VAT changes between the date of the order and the date of delivery or performance, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
9.3 Where we are providing Services to you, we will ask you to pay the full amount in advance unless specified otherwise in our Supplemental Terms.
9.4 If you fail to make any payment due us under these Terms by the due date for payment, then, without limiting our remedies under clause 13, you shall pay interest on the overdue amount at the rate of four per cent (4%) per annum above Barclay’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.
10. HOW TO PAY
10.1 Payment for the Services and all applicable delivery charges is in advance or on the completion date of the sale dependant on the service level agreed when placing an order.
10.2 You can pay for Services using a debit card or credit card. An up to date list of the cards we accept can be found on our site. We will charge your nominated debit card or credit card in advance of the period to which the payment relates.
10.3 In the event of a buyer being introduced to the property by Zevizo Properties and subsequently entering into a binding contract to purchase the property, Zevizo Property will liable to a final commission as agreed.
10.4 The commission is to be paid within 10 days of completion date. In the event the commission is not paid within 14 days of the completion date commission of two x the agreed completion fee will be payable to Zevizo Properties. Should all or any part of zevizo properties commission remain unpaid for more than 14 days after completion date, that sum will bear interest from the due date until payment is settled in full at
2% per annum above the National Westminster Bank PLC base rate and be charged to the seller a be due payable to zevizo properties.
10.5 The commission is to be paid out of the completion monies relating to The Property prior to any other disbursements, save those of the solicitors ‘or conveyance ‘ fees. Settlement of zevizo properties account shall be made on the sellers behalf by the sellers solicitors/coveyancer and zevizo properties shall be entitled to seek such settlement from them.
10.6 In default of the payment of the commission by the solicitor /conveyancer to zevizo properties under clause 10.4, the seller agrees to pay the commission to zevizo properties direct upon the completion date.
11. OUR RIGHT TO VARY THESE TERMS
11.1 We may revise these Terms from time to time in the following circumstances: (a) changes in how we accept payment from you; and
(b) changes in relevant laws and regulatory requirements.
11.2 Every time you order Services from us, the Terms in force at that time will apply to the Contract between you and us.
11.3 Whenever we revise these Terms in accordance with this clause 9, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
12. YOUR CANCELLATION RIGHTS
12.1 Before we begin to provide the Services, you have the following rights to cancel an order for Services, including where you choose to cancel because we are affected by an Event Outside Our Control or if we change these Terms under clause 11 to your material disadvantage:
(a) You may cancel any order for Services within seven (7) calendar days of placing an order by contacting us. We will confirm your cancellation in writing to you.
(b) If you cancel an order under clause 10.1 (a) and you have made any payment in advance for
Services that have not been provided to you, we will refund these amounts to you.
(c) However, if you cancel an order for Services under clause 10.1(a) and we have already started work on your order by that time, you will pay us any costs reasonably incurred in starting to fulfil the order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us. However, where you have cancelled an order because of our failure to comply with these Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any payment to us.
12.2 Once we have begun to provide the Services to you, you may only cancel the contract for the Services in accordance with your rights under the Supplemental Terms.
12.3 Once we have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving us written notice if:
(a) we break this contract in any material way and we do not correct or fix the situation within fourteen
(14) days of you asking us to in writing;
(b) we go into liquidation or a receiver or an administrator is appointed over our assets; (c) we change these Terms under clause 11 to your material disadvantage;
(d) we are affected by an Event Outside Our Control lasting for a period of longer than thirty (30) days.
13. OUR CANCELLATION RIGHTS
13.1 If we have to cancel an order for Services before the Services start:
(a) We may have to cancel an order before the start date for the Services, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which we cannot provide the Services. We will promptly contact you if this happens.
(b) If we have to cancel an order under clause 13.1(a) and you have made any payment in advance for
Services that have not been provided to you, we will refund these amounts to you.
(c) Where we have already started work on your order for Services by the time we have to cancel under clause 13.1(a), we will not charge you anything and you will not have to make any payment to us.
13.2 We may immediately cancel or suspend the Contract for Services at any time without notice if: (a) you do not pay us when you are supposed to as set out in clause 9.3; or
(b) you break the contract in any way and do not correct or fix the situation within seven (7) days of us asking you to in writing.
13.3 We may immediately cancel or suspend the Contract for Services at any time by giving you written notice if:
(a) you enter into any form of insolvency including without limitation, liquidation, bankruptcy, receivership, administration, or you are unable to pay your debts as an when they fall due or anything analogous to the foregoing occurs in any jurisdiction; or
(b) we are affected by an Event Outside Our Control lasting for a period of longer than thirty (30) days.
13.4 Many of the Services advertised on our site are intended for private landlords or sellers and, as such, we are unable to accept orders from letting agents or estate agents. If we establish that you are either a letting agent or estate agent following receipt of an order for Services, we may terminate the Contract immediately, without any further liability to you.
14. OUR LIABILITY TO YOU
14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
14.2 We only supply the Services for domestic and private use. We have no liability to you for any loss of profit, loss of business, loss of reputation, depletion of goodwill, business interruption, loss of business opportunity, or loss of, damage to or corruption of data.
14.3 We do not exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; and
(b) fraud or fraudulent misrepresentation.
14.4 Notwithstanding clause 14.1 to 14.2, and subject to 14.3, if you are a business:
(a) we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the aggregate fees paid by you to us for the Services.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, change in law or failure of public or private telecommunications networks.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of Services to you, we will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
16. COMMUNICATIONS BETWEEN US
16.1 When we refer, in these Terms, to “in writing”, this will include email.
16.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by email or post to Zevizo Properties at 89 Caerphilly Road Heath Cardiff CF14 4AE or email@example.com. We will confirm receipt of this by contacting you in writing, normally by email.
16.3 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
16.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
16.5 If you are unsatisfied with our Services or wish to make a complaint, please email our Customer Relations
Department at: firstname.lastname@example.org
17. OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
17.7 If you are a business, these Terms are governed by the laws of England and Wales. This means that a
Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by the laws of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Zevizo Properties – Sales Agency Terms
These Sales Agency Terms will apply to any Contract between us for the supply of sales agency services to you. If there is any conflict between these Sales Agency Terms and our Service Terms, the Service Terms prevail.
Any definitions contained in the Service Terms will also apply in these Sales Agency Terms.
1.1 The definitions and rules of interpretation in this clause apply in the Contract:
Multiple Agency: as defined in clause 2.2(b). Sole Agency: as defined in clause 2.2(c) Property: your property.
Services: as defined in clause 2.2(a).
2. SALES AGENCY SERVICES
2.1 Pursuant to the Service Terms, you hereby appoint us as agent to provide the Services on a Multiple
Agency basis and we hereby accept the appointment on the Terms.
2.2 For the purposes of these Sales Agency Terms:
(a) the Services means the property sales marketing services as set out in Schedule 1 to these Sales
Agency Terms; and
(b) Multiple Agency means that you can instruct several agents to act on a multiple agent basis to sell and market the Property.
(c) Sole Agency means that you cannot instruct another agent to sell and market the property
3. TERM AND TERMINATION
3.1 The Services shall be continued to supplied for the period of twelve (12) months from the date of the
Confirmation Email or until the Property is sold, whichever is sooner (Term).
3.2 Subject to payment of a discounted renewal fee in advance of the expiry of the Term, you may renew the term of the Contract for a further twelve (12) months. The discounted renewal fee shall be at our then current rate as specified on our site.
4. PARTIES’ OBLIGATIONS
4.1 We shall use our reasonable endeavours to forward all offers received from potential buyers at any time up until contracts have been exchanged, unless the offer is an amount which you have specifically instructed us not to pass on. All offers will be recorded by us (including but not limited to the date, time and amount) and such records will be available on request.
4.2 The Property will be marketed at an agreed asking price. The agreed price is not in any way a formal valuation of the Property and is a guide set only for marketing purposes.
4.3 It is a legal requirement that multiple agents marketing the same property must do so at the same asking price. You must advise us immediately of any changes in the asking price of the Property during the term of this Contract.
4.4 We are not responsible for any maintenance, repair or security of the Property if it is either occupied or unoccupied.
4.5 If the Property is unoccupied it is your responsibility to ensure that all services are turned off, heating and water systems are drained down and that your insurers are notified.
4.6 We must by law disclose to prospective purchasers any family or business relationship you have with us. If you are aware of such a relationship you must advise us of the details of the relationship.
Schedule 1 – Services
5 Option 1 – £445+ VAT (Multiple Agency)
5.1 Marketing of your property on property portal(s) and our site (Marketing Materials) including but not limited to the following websites which we may update from time to time at our sole discretion: Rightmove, Zoopla + all partner sites, Prime Location, Findaproperty.com, Globrix, Needaproperty, Homes 24, The Times website, The Sun website , The Sunday Times website , The Telegraph website, AOL, MSN, TalkTalk, Homes and Property, London Evening Standard, EZ let, Google UK, Letmatch.co.uk, mouseprice.com, URooms.com, Viewr.com, Wonderproperty.com, Zoomf.com.
5.2 Property Valuation
5.3 Home visit from one of our agents
5.4 x 10 Property pictures
5.5 Take measurements and compile a Floor-plan
5.6 Property description
5.7 Deal with general enquiries regarding your Property and pass on the details of the prospective buyer
5.8 Property Negotiations
5.9 Sales Progressions
6 Option 2 – £995+ VAT (Sole Agency For 3 months)
6.1 Marketing of your property on property portal(s) and our site (Marketing Materials) including but not limited to the following websites which we may update from time to time at our sole discretion: Rightmove, Zoopla + all partner sites, Prime Location, Findaproperty.com, Globrix, Needaproperty, Homes 24, The Times website, The Sun website , The Sunday Times website , The Telegraph website, AOL, MSN, TalkTalk, Homes and Property, London Evening Standard, EZ let, Google UK, Letmatch.co.uk, mouseprice.com, URooms.com, Viewr.com, Wonderproperty.com, Zoomf.com.
6.2 Property Valuation
6.3 Home visit from one of our agents
6.4 x 10 Property pictures
6.5 Take measurements and compile a Floor-plan
6.6 Property description
6.7 Deal with general enquiries regarding your Property and pass on the details of the prospective buyer
6.8 Property Negotiations
6.9 Sales Progressions
7 Option 3 – 0.8% VAT Min Fee £2500 plus VAT (Sole Agency For 3 months) We pay solicitor fees
7.1 Marketing of your property on property portal(s) and our site (Marketing Materials) including but not limited to the following websites which we may update from time to time at our sole discretion: Rightmove, Zoopla + all partner sites, Prime Location, Findaproperty.com, Globrix, Needaproperty, Homes 24, The Times website, The Sun website , The Sunday Times website , The Telegraph website, AOL, MSN, TalkTalk, Homes and Property, London Evening Standard, EZ let, Google UK, Letmatch.co.uk, mouseprice.com, URooms.com, Viewr.com, Wonderproperty.com, Zoomf.com.
7.2 Property Valuation
7.3 Home visit from one of our agents
7.4 x 10 Property pictures
7.5 Take measurements and compile a Floor-plan
7.6 Property description
7.7 Deal with general enquiries regarding your Property and pass on the details of the prospective buyer
7.8 Property Negotiations
7.9 Sales Progressions
7.10 Solicitor Fees paid when using a solicitor recommended by Zevizo Properties