These terms tell you the rules for using our website and app ("Our Product") which is available on resident.ly and residently.co.uk.
Our Product is operated by RESIDENTLY SERVICES (UK) LIMITED ("We"). We are registered in England and Wales under company number 10834962 and have our registered office at 4th Floor 100 Fenchurch Street, London, England, EC3M 5JD.
We are a limited company.
To contact us, please email hello@resident.ly
By using Our Product, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use Our Product.
We recommend that you print a copy of these terms for future reference.
We amend these terms from time to time. Every time you wish to use Our Product, please check these terms to ensure you understand the terms that apply at that time.
We may update and change Our Product from time to time to reflect changes to our services, our users' needs and our business priorities.
Our Product is made available free of charge.
We do not guarantee that Our Product, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our Product for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access Our Product through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
Our Product is directed to people residing in the United Kingdom. We do not represent that content available on or through Our Product is appropriate for use or available in other locations.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@resident.ly.
We are the owner or the licensee of all intellectual property rights in Our Product, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from Our Product for your personal use and you may draw the attention of others within your organisation to content posted on Our Product.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on Our Product must always be acknowledged.
You must not use any part of the content on Our Product for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of Our Product in breach of these terms of use, your right to use Our Product will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
The content on Our Product is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Product.
Although we make reasonable efforts to update the information on Our Product, we make no representations, warranties or guarantees, whether express or implied, that the content on Our Product is accurate, complete or up to date.
Where Our Product contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on Our Product do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us on residents@resident.ly.
Whether you are a consumer or a business user:
If you are a business user:
If you are a consumer user:
Whenever you make use of a feature that allows you to upload content to Our Product, or to make contact with other users of Our Product, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to Our Product will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Our Product constitutes a violation of their intellectual property rights, or of their right to privacy.
You are solely responsible for securing and backing up your content.
When you upload or post content to Our Product, you are granting us rights to use that content.
We are not responsible for viruses and you must not introduce them.
We do not guarantee that Our Product will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access Our Product. You should use your own virus protection software.
You must not misuse Our Product by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Product, the server on which Our Product is stored or any server, computer or database connected to Our Product. You must not attack Our Product via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Product will cease immediately.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to Our Product in any website that is not owned by you.
Our Product must not be framed on any other site.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on Our Product other than that set out above, please contact hello@resident.ly.
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that 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.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
This Acceptable Use Policy sets out the terms between you and us under which you may access our Site. This Acceptable Use Policy applies to all users of, and visitors to, our Site.
Your use of our Site means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our Terms and Conditions of Business, Terms of Website Use, Cookie Policy and our Privacy Policy (together, our “Terms of Service”) that can be accessed at resident.ly. Our Site is operated by RESIDENTLY SERVICES (UK) LIMITED ("We", “Us” and “Our”). We are registered in England and Wales under company number 10834962 and we have our registered office at 4th Floor 100 Fenchurch Street, London, England, EC3M 5JD.
You may use our Site only for lawful purposes. You may not use our Site:
You also agree:
We may from time to time provide interactive services on our Site, including, without limitation:
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our Site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Acceptable Use Policy constitutes a material breach of the Booking Terms and Conditions upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:
We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our Site.
Your money is protected through the Money Shield client money protection scheme and will be held in a designated client account. https://money-shield.co.uk/page/WhatisMoneyShield
PLEASE READ THESE TERMS AND CONDITIONS (“AGREEMENT”) CAREFULLY.
BY CLICKING TO ACCEPT, YOU AGREE TO THESE TERMS AND CONDITIONS.
1.1. We are Residently Services (UK) Limited. We are a limited company registered in England and Wales under company number 10834962, and our registered office is at 4th Floor 100 Fenchurch Street, London EC3M 5JD. We provide technology solutions to make the process of renting a property smoother and more centralised.
1.2. We will refer to the above company in these terms and conditions as “Residently” or as “we” (or by using related words such as “us” and “our”).
1.3. You are the individual intending to engage us to perform services in relation to a tenancy that you are proposing to enter into, or that you have already entered into. We will refer to you as “you” (or by using related words such as “your”).
2.1. We have been given certain personal details about you by our Landlord Partner (see 3.1 below for the definition).
2.2. The information has been given so that, subject to your agreement, we can perform Services for you and the Landlord Partner, as part of the application process for you to rent a Property (or, if you are already renting it, to facilitate your continued tenancy). Those details are as follows:
your name
your email address
basic information about the proposed or actual tenancy
if you proceed to application (as opposed to just making an initial offer), information to enable a credit check to be undertaken].
2.3. The Landlord Partner’s lawful basis for sending the information above to us should be set out in the Landlord Partner’s privacy policy.
2.4. Residently’s lawful basis for receiving the information above, and the way in which it will be used and held by us, is set out in [LINK: our privacy policy].
2.5 We agree to supply Services to you, subject to your acceptance of these terms and conditions (which are known from this point as the “Agreement”).
2.6. If you do not wish for us to perform Services, you must click to reject these terms and conditions. At that point, we will perform no further role in relation to you, we will inform the Landlord Partner, and we will not use your personal data for any active purposes described in this Agreement. However, this will not render unlawful any processing that we have performed to the point of rejection.
3.1. The following definitions apply in this Agreement:
“App”: our App, which – subject to your acceptance of this Agreement – acts as a convenient means of viewing your lease documentation and related information if you rent the Property.
“Landlord”: the landlord of the Property.
“Landlord Partner”: the person who has provided us with the personal details outlined in clause 2.1. This may be the Landlord itself or a person working on behalf of the Landlord (for example, a property manager engaged by the Landlord).
“Residently Website”: https://residently.com and any apps served from our other websites, such as resident.ly, and any subdomains.
“Property”: the property that you wish to rent or (as applicable) that you are currently in.
“Services”: (i) the transferring of your details to the App, so that you can conveniently receive information relating to the Property and order additional services from us, if and when you successfully complete the referencing process; (ii) the facilitation (subject to your agreement) of a reference; and (iii) the other services outlined in clause 4.
3.2. The following rules of interpretation apply in this Agreement:
3.2.1. clause headings do not affect the interpretation of this Agreement;
3.2.2. any reference to a “person” includes a natural person (an individual), or a corporate or unincorporated body (such as a company);
3.2.3. where the context requires, words in the singular include the plural (and vice versa);
3.2.4. the words “including”, “include”, “includes” and similar are not intended to be restrictive and so are deemed to be followed by the words “without limitation”.
4.1. Term of this Agreement. The Agreement commences when you click to accept. It will continue until terminated in accordance with clause 9.
4.2. Provision of Services. Residently shall provide the Services in the following manner:
Stage One – facilitating a credit reference (including data transfer)
4.2.1. once you click to accept this Agreement, you authorise us to enable your relevant personal data to be displayed non-publicly on both the Website and the App, so that you can communicate with us through the App and receive information through the application process and, if you are successful (or in any event if you are already a tenant), have your documentation stored on the App;
4.2.2. where we are instructed by our Landlord Partner to do so, we will offer to facilitate a credit-referencing check. This will require your consent. If you give your consent:
(a) the check will be carried out by Let Alliance, which is a third-party supplier of services;
(b) you will be asked to click to accept Let Alliance’s terms and conditions – which, for reference, can be viewed at https://letalliance.co.uk/content/uploads/D2T-TandC.pdf;
(c) the contract for the references is therefore between you and Let Alliance, and we have no liability for it, including for its result;
(d) our role will be to send your relevant personal data to Let Alliance, to enable the check to be carried out;
(e) once the check has been carried out, [we will make the result available to you on the Landlord Partner’s behalf].
Please note: if you are an applicant, and you do not agree to a reference check that has been requested, this may affect our ability to provide Services, since a Landlord may be unwilling to proceed. If you do refuse, it will not affect your previous acceptance of this Agreement itself.
Stage Two – onboarding
The various parts of Stage Two assume that the tenancy will proceed, and that the Landlord Partner has engaged us to carry out the particular identified task. They are set out below for completeness, therefore, as examples of things we may do: in each case, assume they are preceded by the words “if we are required to”, and they are subject to addition or alteration as new or amended services are offered and requested.
4.2.3. We may supply you with any legal information that we have received from the Landlord or the Landlord Partner (for example, the EPC, Gas Safety Certificate, Electrical Installation Condition Report, and a ‘How to Rent’ checklist and details of the Deposit Protection Scheme in relation to the Property) – supplying the information is the Landlord’s legal obligation, rather than ours.
4.2.4. We may act as a facilitator in the collection of a holding deposit from you.
4.2.5. We may make available, through our Website and/or App, the Landlord’s lease in relation to the Property, along with any other documentation that you need to complete.
4.2.6. We may liaise with you during the application process.
4.2.7. We may facilitate collection of the security deposit.
4.2.8. We may facilitate collection of the first month’s rent (but do not manage the payment process itself).
In all cases, any facilitation of financial transactions will not involve the actual handling of money by us: see below.
4.3. Our third-party payment partner
Where we facilitate collection, we are not actually collecting money ourselves.
The process will be completed securely by a third-party (currently Stripe), who will debit your funds directly using their own technology. Their technology may be embedded into our ours, and so it may appear visually as though you are transacting through our Website. However, the third party’s site is actually hosted externally, and is not part of our network.
Therefore, we will have no contact with your money at any time. We cannot be held liable for its loss, since we have not collected it – we have merely embedded a third party’s site into ours for your convenience.
Please ensure you read the terms and conditions and privacy policy of our payment partner, since your contract for the collection of your funds will be with that partner and not with us.
4.4. At all times, your use of the App will be subject to our [LINK: App End-User Licence Agreement], and your use of the Residently Website will be subject to our Website Terms and Conditions of Use.
4.5. Services are for the named Property only. Unless agreed otherwise between you and us, we provide Services in relation to the named Property only. It is not possible for you to require us to provide any services of any kind for any other property.
4.6. Delay in provision of the Services. We aim to provide the Services in a timely manner. If we are delayed in our provision of the Services, or if we are unable to provide any of the Services for any reason, we will inform you without undue delay. Where the delay is likely to be a short-term one, we will let you know an estimated date for performance.
If the issue is long-term delay, or an inability to perform (and the issue is our fault – and not, for example, caused by your refusal to provide information), we will advise you of this and you may cancel the requested Services.
Note that we are talking here about delays in our Services. Some delays may not relate to our Services, as they may instead relate to a service or role to be performed by one of our partners (or by another person). In such cases, we are not responsible for any delays.
4.7. Other services that we provide and offer. In addition to the Services, if you take a tenancy for the Property we will also:
4.7.1. perform administrative services on the Landlord Partner’s behalf, whereby we hold your Property-related documentation in our App and enable communication between you and the Landlord Partner (the way in which we do this is set out in our App terms and are subject to our Privacy Policy);
4.7.2. offer certain additional services (which are performed by partners), which you may choose to take up if you wish to. These are offered through the Residently Website and the App, are subject to change from time to time, and you will be required to accept our relevant services terms and conditions before ordering them.
5.1. Consumer law gives you a right to cancel most service agreements at any time in the 14-day period after entering into it. This right, however, is subject to the limitation outlined in clause 5.2. You also have rights under this contract to cancel, as set out further below.
5.2. Please note:
5.2.1. if you download the App during the cancellation period, you will lose the cancellation right in relation to the App. (See your relevant Appstore’s terms and conditions for more information on this);
5.2.2. by clicking to accept this Agreement, you are instructing us to perform Services immediately. Therefore, you are waiving the right to cancel during the 14-day period in relation to any Services (a) that have been performed by the time you cancel, or (b) that cannot reasonably be cancelled by that time.
Your 14-day right to cancel, therefore, will exist only in relation to those elements of the Services that have not been performed at the time when your cancellation is received.
5.3. You may cancel, subject to clauses 5.1 and 5.2 above, by emailing hello@residently.com or by post to 60 Pear Tree St, London EC1V 3SB, explaining your wish. Note that this is separate from your application in relation to the Property, or any other contract – it is simply in relation to our Service alone. Other contracts may not be subject to cancellation rights, and/or may result in your liability to pay or forfeit sums, and so please think carefully before committing yourself to all agreements concerning the Property.
If you would like to do so, you can use the following wording to cancel our Service – however, you can use any wording that you would like to use, provided that you are clear.
To Residently Services (UK) Limited
I hereby give notice that I cancel my contract for the supply of the following services:
Ordered on [DATE].
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (if this form is sent in hard copy),
Date
[*] = delete as applicable
The Services that we provide to you under this agreement are provided free of charge.
If you select optional additional services from us (as referred to in clause 4.7.2), these will be charged in the manner that is confirmed to you in advance.
Please read this clause carefully
7.1. This clause 7 sets out our entire financial liability to you in respect of any provision of the Services and any breach of this Agreement.
7.2. Nothing in this Agreement limits or excludes our liability for:
7.2.1. death or personal injury resulting from our negligence
7.2.2. for fraud or for fraudulent misrepresentation; or
7.2.3. for any other liability that may not be limited or excluded at law.
7.3. Subject to clause 7.2, and except in relation to a breach of privacy laws, our total liability to you under this Agreement, however caused, shall be limited to £50.
7.4. You and we confirm that the sums, limitations and exclusions stated in this clause 7 represent a fair apportionment of liability.
8.1. This Agreement will run from the date on which you accept it and until the completion of Services, unless it is terminated sooner under clause 5 or in any of the ways set out in this clause 8.
8.2. You may terminate this Agreement on 14 days’ notice at any time by emailing hello@residently.com and specifying your wish to terminate.
8.3. Residently may terminate this Agreement at any time by giving not less than 14 days’ written notice to you.
8.4. Residently may terminate this Agreement immediately by giving written notice if:
8.4.1. we are no longer engaged by the Landlord Partner in relation to the Property;
8.4.2. you commit a serious breach of this Agreement (and, if we reasonably consider the breach to be capable of remedy, we will let you know and give you a reasonable opportunity to remedy it);
8.4.3. we reasonably suspect that you may have committed, or may be planning to commit, fraud or any offence of money-laundering (and you acknowledge that we have rights and obligations in relation to the reporting of suspected offences of this type);
8.4.4. you breach the terms of use of our App or the Residently Website;
8.4.5. you are abusive to any member of our team.
8.5. On termination of this Agreement, the following will happen:
8.5.1. where the Agreement terminates because the Services have been completed, you may continue to use the App in relation to any other services that we supply;
8.5.2.we will continue to hold your data subject to our privacy policy (and subject to the law, including those requiring us not to hold it for longer, or to use it more widely, than is necessary);
8.5.3. any right or liability of either you or us at termination will not be affected; and
8.5.4. any provision of this Agreement intended (either expressly or implicitly) to survive termination will do so.
9. COMPLAINTS
9.1. We trust that you will be happy with the Services and have no cause for complaint. However, if you ever do have an issue, we would like to hear from you at hello@residently.com, so that we can address it.
9.2. Most complaints can be resolved informally. Where this is the case, no further action is required from either you or us.
9.3. In the rare instance that you are not happy with the informal process – or where you reasonably believe that the informal process would be insufficient – you may make a formal complaint by emailing hello@residently.com and titling your email “complaint” (or similar) and we will investigate it appropriately.
We may make reasonable changes to this Agreement to reflect changes in the law or alterations to our way of working. Any such change would take effect 30 days after (and excluding) the date on which the revised version of this Agreement is published on our Website. If you are uncomfortable with the change, you may terminate the Agreement in accordance with clause 9.3.
We may assign our rights and/or obligations under this Agreement to another organisation. We will always tell you in writing if this happens and we will ensure that the assignment will not affect your rights under this Agreement.
You may not assign your rights or your obligations under this Agreement, as it is personal to you.
12. NO RIGHTS FOR THIRD PARTIES
This Agreement does not give anyone but you and us any rights to enforce any part of it.
We exclude the Contracts (Rights of Third Parties) Act 1999 to enable this.
Each part of this Agreement operates separately. If any court (or similar relevant authority) decides that any part is unlawful, the other parts will remain in full force and effect.
If we are entitled to enforce a particular right under this Agreement, we won’t lose that entitlement simply through delay. Not taking steps immediately – for example, not insisting that you do something you are required to do, or not immediately acting if you breach this Agreement – will not mean that we lose the right to take those steps later.
15. COMMUNICATIONS
15.1 Please communicate with us in relation to this Agreement by emailing us at hello@residently.com. It will assist us if you give the name of the Property in the subject line.
15.2. Our general communications with you about the Services may be made through the App or by us emailing you using your email address recorded in your account on the Residently Website.
15.3. We will communicate with you in relation to this Agreement by using any e-mail address that we have on file for you, unless you have instructed us in writing not to use a particular email.
15.4. Notices by email will be considered received at 9.00 a.m. on the next working day (excluding Saturdays, Sundays and bank holidays and public holidays).
This Agreement, and any dispute or claim arising out of it (including non-contractual disputes or claims), is governed by the law of England and Wales.
You and we agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject-matter or formation (including non-contractual disputes or claims). If you are resident in Scotland or in Northern Ireland, you may issue proceedings either in England or in your country of residence.
THIS AGREEMENT ENDS HERE
PLEASE READ THESE TERMS AND CONDITIONS (“AGREEMENT”) CAREFULLY.
BY CLICKING TO ACCEPT, YOU AGREE TO THESE TERMS AND CONDITIONS.
1.1. We are Residently Services (UK) Limited. We are a limited company registered in England and Wales under company number 10834962, and our registered office is at 4th Floor 100 Fenchurch Street, London EC3M 5JD. We provide technology solutions to make the process of renting a property smoother and more centralised.
1.2. We will refer to the above company in these terms and conditions as “Residently” or as “we” (or by using related words such as “us” and “our”).
1.3. You are the individual intending to purchase services from one of our partners. We will refer to you as “you” (or by using related words such as “your”).
Tenancy Services
2.1. We make available to you certain optional services (“Tenancy Services”), which are performed by third-party partners.
2.2. We act for our partners and enable you to contract with them. When you choose a Tenancy Service, you form a contract with our relevant partner(s) for the Tenancy Service(s) that you choose.
2.3. Each contract that you make for Tenancy Services, therefore, is with the partner supplier, not with us. However, we do try to ensure that any issues are resolved smoothly with your partner, as explained below. We also require our partners to observe your rights under consumer law.
Administrative Services
2.4. We also provide certain services on behalf of the manager (“Property Manager”) of the property that you rent (“Property”). We call these services “Administrative Services”, and we describe them in clause 5 below.
2.5. Our provision of Administrative Services is enabled by your agreement with your Landlord or your Property Manager.
2.6. Our holding of your data is governed by our Privacy Policy.
2.7. The availability of Administrative Services to you through our App is governed by our App EULA.
3.1. The following definitions apply in this Agreement:
“App”: our App, through which (a) we store your relevant information in relation to the Property, (b) your communication with the Property Manager is facilitated, and (c) you can order Tenancy Services.
“Business Day”: a day from and including Monday to Friday, excluding bank holidays and public holidays in England (and, if the Property is in in Wales, Scotland or Northern Ireland, also in that territory).
“Charges”: the sums payable by you for Tenancy Services, calculated as set out in clause 9.
“Landlord”: the landlord of the Property.
“Lease”: the lease for the Property, between you and the Landlord.
“Lease Effective Date”: the start date of your Lease.
“Residently Website”: https://residently.com and any apps served from our other websites, such as resident.ly, and any subdomains.
“Property”: the property that you rent, or that you have applied to rent, from the Landlord.
Other terms are as defined in the relevant clause.
3.2. The following rules of interpretation apply in this Agreement:
3.2.1. clause headings do not affect the interpretation of this Agreement;
3.2.2. any reference to a “person” includes a natural person (an individual), or a corporate or unincorporated body (such as a company);
3.2.3. where the context requires, words in the singular include the plural (and vice versa);
3.2.4. the words “including”, “include”, “includes” and similar are not intended to be restrictive and so are deemed to be followed by the words “without limitation”.
Term of this Agreement. The Agreement shall commence when you click to accept them and will run until terminated in accordance with clause 11. Acceptance relates to our services only – a contract for Tenancy Services will be formed only when you request a Tenancy Service.
5.1. We provide Administrative Services to enable a smoother tenancy experience by centralising your Property-related information and making it available on an App, and by allowing communication between you and the Property Manager through the App.
5.2. If you download the App, your use of it will be governed by our [LINK: App EULA].
5.3. Our provision of Administrative Services is enabled by your agreement with your Landlord or Property Manager, and we have no direct liability to you for those services, save as set out in our App Terms and our Privacy Policy.
6.1. Provision of Tenancy Services. Residently shall, at your request during the term of this Agreement, facilitate the forming of a contract for the provision of Tenancy Services that you have ordered.
6.2. Contract is between you and our partner. We facilitate the placing of orders for Tenancy Services. Your contract for those services is with the partner providing the Tenancy Services.
NOTE: We make no promises about the performance or non-performance of Tenancy Services, as they are not provided by us. However, we do require our partners to perform with reasonable skill and care, and we will offer reasonable help to resolve any issues.
6.3. Adding new Tenancy Services. You may order additional Tenancy Services any time either through the Residently Website or through the App. Whenever you do so, you will be required to accept this Agreement, and again your contract would be with the relevant partner whose Tenancy Services you have commissioned.
6.4. Tenancy Services are for the named Property only. We facilitate the ordering of Tenancy Services for the named Property only. It is not possible for you to order any services of any kind for any other property.
6.5. Delay in provision of the Tenancy Services. We request that our partners provide the Tenancy Services in a timely manner. If a partner is delayed in its provision of the Tenancy Services, or if it is unable to provide any of the Tenancy Services for any reason, we will inform you without undue delay. Where the issue is one of short-term delay, we will let you know an estimated date for performance.
If the issue is long-term delay, or an inability to perform (and the issue is our partner’s fault – and not, for example, caused by your refusal to provide access to the Property), we will advise you of this and you may cancel the requested Tenancy Services without charge.
7.1. In addition to your rights to terminate under clause 11, you have a right to cancel this Agreement at any time in the 14-day period after you accept it. This is subject to limitations as described below.
7.2. You may cancel this Agreement, subject to clauses 5.1 and 5.2 above, by emailing [hello@residently.com] or by post to 60 Pear Tree Street, London EC1V 3SB, explaining your wish.
If you would like to do so, you can use the following wording to cancel – however, you can use any wording that you would like to use, provided that you are clear.
To Residently Services (UK) Limited
I hereby give notice that I cancel my agreement with you.
Ordered on [DATE].
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (if this form is sent in hard copy),
Date
[*] = delete as applicable
7.3. Note that the above cancellation relates only to our own services – namely, the provision of Administrative Services. It does not affect any agreement for Tenancy Services, which is a contract directly between you and the supplier partner. You will generally be entitled to cancel Tenancy Services within 14 days of ordering them, but note that if you request (or have requested) Tenancy Services to be supplied at any stage during that 14-day cancellation period, you will be responsible for the cost of Tenancy Services supplied.
7.4. For absolute clarity, note that this Agreement has no connection with your Lease or any other agreement.
8.1. In order for our partners to provide the Tenancy Services, you must give the relevant partner access to the Property at the required times.
8.2. If you do not give our partner permission and/or access – either on time or at all – you will still be charged for the related Tenancy Services.
Please note: You will be financially responsible for any damage caused to any item that you rent (“Rented Item”) as part of a Tenancy Service. You are therefore urged to read and to understand this clause 9 before confirming your acceptance.
9.1. You will pay the Charges in respect of the Tenancy Services that you select. You pay the Charges to us, and we hereby agree to forward payment for the relevant Tenancy Services to the partner.
9.2. You will be told the Charges in advance of accepting this Agreement. If the exact Charges are uncertain at that time, you will be told how they will be calculated. Payment must be made by direct debit.
9.3. The Charges may be increased from time to time, to take account of increased costs of working. We will notify you in writing of any increase, and it would take effect 30 days after (and excluding) the date on which you are notified. If you are not happy with the increase in Charges, you may terminate the relevant Tenancy Services.
9.4. In addition to any liability that you may have under your Lease for damage to the Property, if any damage or loss occurs to any Rented Item (except if caused by a partner), you will be responsible for paying the reasonable costs of repairing any damage to, or replacing, the Rented Item (“Damage Charges”).
Our partner will arrange for the damage to be repaired or, where repair is not reasonably practicable (or where the item is lost), for the Rented Item to be replaced, and we shall inform you of the sum of the Damage Charges. We shall require the partner to ensure that a replacement is the same as, or materially similar to, the original Rented Item, and not an upgrade in cost terms.
9.5. You must pay the Charges within the requested timescales.
9.6. Any Damage Charges are payable within two days of a request by Residently to make payment.
Please read this clause 10 carefully
10.1. This clause 10 sets out our entire financial liability to you in respect of this Agreement.
10.2. Nothing in this Agreement limits or excludes our liability for:
10.2.1. death or personal injury resulting from our negligence;
10.2.2. fraud or for fraudulent misrepresentation; or
10.2.3. any other liability that may not be limited or excluded at law.
10.3. Subject to clause 10.2:
10.3.1. we have no liability for the performance or non-performance of Tenancy Services;
10.3.2. our role is to facilitate the making of a contract between you and the relevant partner, the relaying of information and funds, and the reasonable resolution of issues. We have no liability for any other matter, including any loss or damage to your personal property caused by our partner; and
10.3.3. our total liability under this Agreement, however caused, shall be limited to £500.
10.4. YOU CONFIRM THAT, IN ANY CASE OF LOSS OR THEFT OR DAMAGE TO YOUR PERSONAL PROPERTY, OR IN ANY OTHER SITUATION IN WHICH YOU MAY HAVE A CLAIM IN RELATION TO THE PERFORMANCE OR NON-PERFORMANCE OF THE TENANCY SERVICES, YOU WILL BRING YOUR CLAIM AGAINST THE RELEVANT PARTNER AND NOT AGAINST RESIDENTLY.
10.5. You and we confirm that the sums, limitations and exclusions stated in this clause 10 represent a fair apportionment of liability.
11.1. This Agreement runs from the date on which you accept it and until the completion of our provision of Administrative Services, unless it is terminated sooner under clause 7 (your 14-day cancellation rights) or in any of the ways set out in this clause 11.
Automatic termination
11.2. This Agreement will terminate automatically if any of the following happen:
11.2.1. prior to the Lease Effective Date, you or the Landlord confirm in writing to us that the Lease will not be entered into; or
11.2.2. the Lease has not been signed by you and the Landlord within 90 days of the date on which enter into this Agreement.
Your termination of Tenancy Services
11.3. You may terminate the provision of all Tenancy Services on 30 days’ notice by emailing hello@residently.com and specifying your wish to terminate. If you wish instead to terminate certain Tenancy Services only, please confirm which Tenancy Services you are terminating. You will continue to be liable to pay for Tenancy Services during the notice period.
11.4. if you simply want to cancel a single service (for example, cancel a single cleaning visit), you may be entitled to do so free of charge provided that you give us at least 24 hours’ notice in writing to hello@residently.com (failing which, you would be charged in full for any cancellation). We will advise you prior to ordering if this additional cancellation right is available.
Termination by us
11.5. Residently may terminate this Agreement at any time by giving not less than 30 days’ written notice to you.
11.6. Residently may also terminate this Agreement, and/or any partner may immediately terminate the provision of Tenancy Services under your contract with that partner, immediately by giving written notice if:
11.6.1. we are no longer engaged by the Landlord and/or Property Manager in relation to the Property;
11.6.2. you commit a serious breach of this Agreement or of your contract with our partner (and, if we reasonably consider the breach to be capable of remedy, we will let you know and give you a reasonable opportunity to remedy it);
11.6.3. we consider the Property, or any feature of it, to be unsafe for our partners to provide Tenancy Services in;
11.6.4. you breach the terms of use of the App;
11.6.5. you are abusive to any member of a partner’s team;
11.6.6. you have failed to pay any amount due, and the money remains unpaid seven days after the date on which we request it in writing;
11.6.7. you breach the terms of use of our App or the Residently Website;
11.6.8.the Lease comes to an end, including where we are informed by the Landlord that you are in breach of the Lease.
11.7. You agree that we may act as agent in terminating on any partner’s behalf, where termination is permitted.
11.8. On termination of this Agreement for any reason, the following will happen:
11.8.1. you will immediately be liable to pay any outstanding sums due;
11.8.2. relevant partners will be entitled to enter the Property to remove any of their equipment, subject to giving you not less than 24 hours’ notice if you are still in the Property; and
11.8.3. any right or liability at termination shall not be affected, and any provision of this Agreement intended (either expressly or implicitly) to survive termination shall do so.
12.1. We trust that you will be happy with the Tenancy Services and have no cause for complaint. However, if you ever have an issue, we would like to hear from you at hello@reidently.com, so that we can address it with the relevant partner.
12.2. Most complaints can be resolved informally. Where this is the case, no further action is required from either you or us.
12.3. In the rare instance that you are not happy with the informal process – or where you reasonably believe that the informal process would be insufficient – you may request a copy of our complaints procedure if the complaint relates to a failing by us. Where the complaint relates to the performance or non-performance of Tenancy Services, you must address this complaint directly with the partner. In such situations, we will offer reasonable assistance for up to thirty days to help enable a conclusion to be reached.
We may make reasonable changes to this Agreement to reflect changes in the law or alterations to our way of working. We will notify you in writing of a change, and it would take effect 30 days after (and excluding) the date on which you are notified. If you are uncomfortable with the change, you may terminate the Agreement (without affecting any agreement for Tenancy Services).
We may assign our rights and/or obligations under this Agreement to another organisation. We will always tell you in writing if this happens and we will ensure that the assignment will not affect your rights under this Agreement.
You may not assign your rights or your obligations under this Agreement, as it is personal to you.
This Agreement does not give anyone but you and us any rights to enforce any part of this agreement, save that our partners are entitled to enforce this Agreement to the extent that it relates to them.
We exclude the Contracts (Rights of Third Parties) Act 1999, which would otherwise enable other third parties (other than partners) to enforce this Agreement.
Each part of this Agreement operates separately. If any court (or similar relevant authority) decides that any part is unlawful, the other parts will remain in full force and effect.
If we are entitled to enforce a particular right under this Agreement, we won’t lose that entitlement simply through delay. Not taking steps immediately – for example, not insisting that you do something you are required to do, or not immediately acting if you breach this Agreement – will not mean that we lose the right to take those steps later.
18.1. Please communicate with us in relation to this Agreement by emailing us at hello@residently.com. It will assist us if you give the name of the Property in the subject line.
18.2. We will communicate with you using the email that we have for you or through the App.
18.3. Notices by email will be considered received at 9.00 a.m. on the next Business Day after sending.
This Agreement, and any dispute or claim arising out of it (including non-contractual disputes or claims), is governed by the law of England and Wales.
You and we agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject-matter or formation (including non-contractual disputes or claims). If you are resident in Scotland or in Northern Ireland, you may issue proceedings either in England or in your country of residence.
THIS AGREEMENT ENDS HERE
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