Average asking prices in Britain break £300,000 barrier, says Rightmove https://t.co/exPbB2oMvm
Pursuant to the Estate Agents Act 1979 it is a requirement that you understand and accept our terms and conditions when instructing Tepilo as selling agents for your property. Please read the terms set out below. By ticking on the acceptance box you agree to these terms and conditions but If you do wish to question anything about these terms you must contact us in writing, otherwise we will assume that you are happy with them.
References to “this Agreement” or “Terms and Conditions” are references to these Terms and Conditions and all Schedules.
Information about Tepilo Ltd
The Website is owned and managed by Tepilo LTD, a company registered in England and Wales with the company registration number 06853802 and having its registered address at Providian House, 16-18 Monument Street, London, EC3R 8AJ.
Terms of this agreement/these terms and conditions:
Definitions Within this agreement/these terms and conditions the following words of phrases shall, unless the context otherwise requires, have the following meanings:
“Property” The property address for which you have instructed us to sell as stated at the end of this agreement under the term “Selling address” or, in the case of lettings, which you have instructed us to market to prospective tenants.
“Seller(s)” or “you” means the owner(s) of the property or the person who is legally entitled to sell the property
“Exchange” means when contracts of the sale of the property are legally exchanged and are legally binding
“Completion/Completed” means the legal completion of the sale of your Property
“Tepilo” or “We” Means Tepilo Ltd a company registered in England, company registration number, 06853802
“Tepilo website” means www.tepilo.com
Legal Entitlement to Sell
By submitting your details and your Property details to Tepilo and instructing us to market your Property for sale, you warrant, represent and undertake to us that (i) you are the owner of the property and you have the legal right to sell your Property; (ii) all owners of the Property are aware of and consent and agree to the marketing of the Property for sale; and (iii) you have all necessary rights and authorities instruct us to market the Property for sale.
Fees and Payment
3.1 Tepilo offers three property sales packages as follows:
Essential – price £645.00
Classic – price £895.00
Premium – price £1295.00
(“the Packages” or, where the context permits in respect of any one of the packages “the Package”). These Packages entitle you to market your Property with Tepilo for a period of six months. The details of such Packages are set out on our website. Additional fees may be payable if you specifically opt to purchase optional “add-ons” including an Energy Performance Survey, a Virtual Tour and/or Unlimited Viewing Package.
Please note payment for a Package is required whether your Property is sold or not.
3.2 All the above mentioned packages come with a Pay Now or Pay Later option. Please see the terms and conditions below in relation to both payment options. Please read carefully before making your selection.
3.3 PAY NOW
If you select the Pay Now option, you will be required to pay the price for the Package selected by you upon ordering. You will be required to enter your debit or credit card details and payment will be taken accordingly.
3.4 PAY LATER – IMPORTANT INFORMATION
If you select the Pay Later option, such selection is conditional upon adherence to the Pay Later terms and conditions set out in Schedule 1 including the following:
If you opt to Pay Later it is conditional upon you using Tepilo’s recommended conveyancers. If you wish to use your own conveyancers you must either pay a further fee of £360.00 or you must elect the Pay Now Option.
Payment, in full, is required upon the EARLIER OF:
Completion on your Property via any agent;
Upon the expiry of 6 months from the date when your Property first becomes “live” on the Tepilo website (“the Initial Marketing Period”); Y
You electing not to use one of Tepilo’s recommended conveyancers; and
You cancelling the marketing of the Property with Tepilo (subject to clause 14).
Such date shall be hereinafter referred to as “the Payment Due Date” If the Payment Due Date falls on a weekend or a Bank Holiday in England, payment is due on the working day prior to the same.
IMPORTANT FOR FULL PAY LATER TERMS AND CONDITIONS – PLEASE SEE SCHEDULE 1
If within the Initial Marketing Period you sell your Property by other means, Tepilo have the right to ask for proof of the same. After the Initial Marketing Period expires (or when Exchange or Completion has occurred on your Property), your Property will be taken off all portals If you wish to extend the Initial Marketing Period, you can do so by purchasing a further six months of marketing with us at a discounted cost of £180 or £55 per month. All costs quoted on this website include VAT. Please note that if you are listing a commercial property there may be some extra costs involved.
3.5. Lettings: Your “tenant find” letting fee of £180 will allow your listing to show on our portal network. Once we have found a tenant, the landlord must require the tenant to agree to us or our national lettings management company referencing the tenant(s) and producing their tenancy agreement. At no point will Tepilo be holding any of the tenants’ deposit money - this will be held by you, the landlord and will be solely your responsibility. Apart from the abovementioned fee for the “tenant find”, all other costs (as set out on the lettings section of the Tepilo wesite) shall be the responsibility of the new tenants. Costs are £235 for the first tenant and £180 for each additional tenant for the Property that is over 18 years of age and includes all administration charges. If the results of the tenants referencing comes back negative, the final decision whether to allow the tenants a new tenancy agreement will be that of you, the r Landlord. Should you wish for us to not proceed with this agreement, the tenants will receive no refund. This is due to the expense of the referencing and the extra administration involved. If you, the landlord wish to perform your own referencing and write your own tenancy agreements there will be an administration charge of £120 paid for by you to Tepilo. In these circumstances, Tepilo's sole job will be to provide viewings for the Property.
3.6 All add-ons as listed on the Tepilo website are listed at the correct price at the time, changes to the prices can take place at any time and you are not entitled to any discount if the add-ons you purchased are reduced at a later stage. If you have purchased our discounted conveyancing add-on and your sale falls through you can use this discount on any future purchase or sale that is made. Refunds on discounted conveyancing cannot be given.
3.7 If your Property is being advertised by another agent, it is your responsibility to ensure you are allowed to advertise with us at the same time and that you are not in breach of any terms agreed with the other agent(s). We accept no responsibility for the same. If you advertise with us and you are not allowed to within the terms of contract with your other agents then we can stop your listing with us within 24 hours, but you will not receive any refund and if you have selected the Pay Later option, you are still obliged to pay Tepilo in full for the selected Package (except in the case outlined in clause 14, below). While you are advertising with more than one agent, you will be subject to our fees and if the other agent sells your property they will be entitled to their fee under their contract.
3.8 Your fee paid is for listing one Property. If you wish to list multiple properties, you will have to pay the relevant Package fee for each additional property.
4.1 Your listing is with Tepilo and portal partners as listed on this website (which can change without notice). We confirm that the point of instruction we are a Member of the TPO scheme, and subscribe to its Code of Practice. Please ask us for a copy if you require one.
4.2 IMPORTANT - You are required to disclose any information of which you are aware in relation to the property in a clear, intelligible and timely fashion. You must take all reasonable steps to ensure that all statements that you make about the Property whether oral, pictorial or written, are accurate and are not misleading and where information is given to potential buyers or their representatives, said information is accurate and not misleading with all material facts included. Furthermore answers to questions about the property must be truthful, materially complete and not misleading.
4.3 Tepilo guarantees that your property is listed on the Tepilo website during the Initial Marketing Period subject to you selling your Property sooner or you cancelling (however we cannot guarantee that the Tepilo website will operate error free at all times and may be subject to technology or server related interruptions from time to time. ). Third party website portals are subject to change, they may or may not be controlled by Tepilo and we do not guarantee continued presence on these websites, also sometimes these portals do encounter ‘feed’ issues with property listings and again, while they are correcting these feed issues Tepilo is unable to offer any guarantee when the listing will be back up live and showing on that particular property portal although it is the policy of Tepilo to upload all our property details on to our property portal networks at all times. Sometimes part of your listing may not entirely feed to our portal partners, it is your responsibility to check your listing and inform us of anything not showing correctly or any missing elements. All listing are dependent on the timings and length of times the listing will run as set out in 4.4 below.
4.4 You automatically receive marketing for the Initial Marketing Period during which time we will list your Property on our website and all partner websites. The average time in the UK to sell a property (as of 01/06/16) is just under 2 months. If your Property has not Exchanged within Initial Marketing Period, your listing will expire but during the run-up to your listing expiry you’ll have the opportunity to purchase further months of additional flexible marketing for a fee of just £55 per month or a fee of £180 for a further 6 months. Tepilo will use reasonable endeavours to contact you to determine if you wish to extend the Initial Marketing Period. If we cannot contact you and do not hear from you, your Property will be de-listed upon the expiry of the Initial Marketing Period. If you do not wish to carry on marketing beyond the Initial Marketing Period then you do not need to do anything, your Property listing will expire and your agreement with Tepilo will automatically come to an end and your Property de-listed.
4.5 IMPORTANT - If you are supplying your own photographs (maximum 50) and description we require these to be accurate when they are sent to us or uploaded onto the Tepilo website, we will send a local agent to visit you to check these. Additions or amends may be subject to a monetary charge. Once our agent has made a date to visit you are obliged to keep the appointment (“Agent Appointment”), any cancellations must have 1 working day notice, otherwise you will incur costs. If our agent arrives for his Agent Appointment and you are not at the Property or you give less than the required 1 working day’s notice, we will have to arrange an alternative Agent Appointment for which there will be a charge of £60 due to the missed Agent Appointment and inconvenience caused or, if a photographer was also booked to attend the missed Agent Appointment the charge for the missed Agent Appointment will be £120. If we have to cancel the visit due to you not wishing to continue your marketing, the allocated cost to us for our agents visit will not be refunded.
4.6 If you have paid for us arrange for photographs to be taken of your Propertyand other add-ons, you should be contacted within 24/48 hours of ordering the relevant Package and add-ons by our local agent to arrange a visit. On some occasions this may take longer. If you are supplying your own photographs you must have permission to use the photographs. Tepilo have the right to take your listing off its site and off the portals if notified by a third party that the photographs used may not be permitted for use by you. Tepilo will notify you and re-list the Property as soon as the correct/appropriate photographs are displayed or the authorisation is received from the third party, where appropriate. If we are providing your photographs, the fee paid will be for taking the photographs of one property. If a property has outbuildings or holiday lets, there will be an additional charge for these extra properties. Commercial properties may also incur extra photography charges, dependent on the size of the property. The same will apply for any additional floor-plans.
4.7 Our network of agents covers most of the UK with the exception of Southern Ireland. There are also areas of Wales (West and Central) and Scotland (North of Glasgow and Edinburgh) and Northern Ireland where coverage is minimal and although we can still cover these areas there will be a minimal fee of up to £80 for our agents to visit.
4.8 Valuations Regarding the price of your Property, we can advise on valuations from the data we have which is pulled in from various sources such as Rightmove, mouse price and Land registry and takes into account national and regional trends in the housing market, however the price at which you decide to market your Property will be solely down to your choice.
5.Rightmove/Zoopla Premium Listing and Rightmove featured properties.
5.1 If you have or intend to order the Rightmove/Zoopla premium listing then it's important for you to know that this is a one-time activation that lasts for 6 months but only on a continued marketing basis. For example if you choose to de-list your property after 2 months of activation then your Rightmove premium listing will instantly come to an end. Premium listings do sometimes go live a number of days after your listing goes live. If you re-list the property at any time after this then you will no longer be able to use the premium credit unless you purchase another one. This is the way Rightmove operate the Premium option and not something we have control over.
5.2 Featured properties. If you order a featured property please allow up to 7 days for your featured property to appear.
6.Viewings / messages and Offers received for your property
6.1 Applicants will be guided towards messaging you directly. Their information will not be passed on initially apart from their Tepilo Username until the parties proceed to Property viewing stage. Tepilo will vet every message and only when we feel the message is appropriate will it be forwarded to you, the Seller.
6.2 In most cases viewings will be made online via our automated viewing tool within the property search facility. Viewings requested through our portal network will automatically link up with this functionality. Applicants requesting to make a viewing via the telephone will be directed to automate their viewing. Once a viewing has been arranged, the confirmation email to both the Seller and the applicant will list the Poperty address, the time of the viewing, both parties and their respective contact details (name and phone numbers). After conformation has been sent to both parties, Tepilo have no responsibility if either party (applicant or seller) do not show up/are not available for a viewing. Viewings are the responsibility of the Seller however Tepilo can carry out viewings out at an extra cost, these are chargeable to the Seller.
6.3 Tepilo confirms that (unless otherwise instructed in writing by you, the Seller) pursuant to the Estate Agents Act 1979 we will forward to you accurately in writing (which includes email correspondence), all offers from prospective purchasers within 2 days of receipt of the same.
6.4 Once a sale has been agreed, Tepilo will prepare and send out a Memorandum of Sale by email to you (or via your online account) and to both sets of solicitors involved and a copy shall also be sent to your prospective purchaser.
6.5 Once you have an accepted offer we will forward your details to our national team of solicitors. If you are using our recommended solicitors we will fully get involved in helping you with the sales progression for NO extra cost.
7. Your obligations as the Seller(s).:
7.1 The Seller(s) hereby confirms and covenants that he/she/they have the necessary authority, power and capacity to enter into this agreement;
7.2 The Seller(s) hereby confirms and covenants that he/she/they are the beneficial owner(s) of the Property; or have the authority from the beneficial owner to sell the Property on the above terms.
7.3 Under the Money Laundering Regulations of 2003 we must carry out identity checks on both buyers and sellers of the properties that we market. Checks are completed using an electronic system and may require us to ask you for additional information such as your passport number or driving license number, which you must agree to provide on request.
7.4 You must provide an EPC or order an EPC for the Property (and provide proof of theorder if not done through us). If you order an EPC via Tepilo as an add-on and the assessor turns up to carry out the EPC but you then advise us that you already have an EPC,there will be no refund for the ordered EPC. If you require a commercial EPC for your property there will be an extra charge. Please ask us for a current price.
8. Consumer Protection from Unfair Trading Regulations 2008
8.1 Your Property details will be verified before marketing of the Property can commence. Our local agent will approve your details.
8.2 To ensure compliance with the Consumer Protection from Unfair Trading Regulations 2008 and to ensure that neither Tepilo nor the Seller becomes involved in any legal action, the Seller must inform Tepilo immediately of any incorrect or materially incomplete information within the sales particulars from the outset or at any point during the marketing or sale.
8.3 Any amendments that you make to your Property listing will be fully vetted by Tepilo and if we feel they are not valid we reserve the right to amend them appropriately without notice.
8.4 Tepilo reserves the right not to publish any information provided by the Seller in order to comply with the Consumer Protection from Unfair Trading Regulations 2008. Also any other publication (our brochure for example); may be subject to change at any time. Often when changes are made to the website especially prices, these may not be amended at the same in the brochure and such amendments may be made in the following version of the brochure.
8.5 The Seller shall indemnify Tepilo, its proprietors, directors, employees or agents against any loss or damage suffered by Tepilo, its directors, employees or agents arising from any claim made by the Seller in respect of the Property or any inaccurate, false or misleading descriptions of the same
9. For Sale Boards
9.1 Your For Sale Board will be erected at your Property (dependant on agent availability in your area). Tepilo cannot accept any responsibility for any damage or loss suffered as a result of the For Sale board. This board will be collected upon request if you so wish. In order to meet the requirements of The Town & County Planning Regulations, which permit the display of only one For Sale board, we request that whilst a Tepilo For Sale board is displayed, no other boards are erected. The delivery of your For Sale board may in certain cases be sent via a national courier service. We cannot accept responsibility for any For Sale board being lost or stolen once delivery has taken place. In most circumstances Tepilo cannot state a definite date and time for delivery of your For Sale board. In circumstances where there is no one to sign for the For Sale board, it will be left with a neighbour or left in a safe place at the Property.
9.2 If your board relates to part of a building in multiple occupation, it should indicate the part of the building to which it relates.
10. Unoccupied property
10.1 Tepilo cannot accept responsibility for the maintenance or repair of unoccupied properties during marketing or once a sale has been agreed.
11. Energy Performance Certificate (EPCs)
11.1 An EPC must be commissioned prior to marketing your Property. Tepilo will market your Property as soon as the EPC or proof of order is available in full. If we provide you with an EPC as requested by you as an add-on then this is non-refundable once the home visit and EPC has taken place. This includes commercial EPCs
12.Payment via Stripe - All credit and debit card information is collected securely by Stripe
12.1 Refunds may only be given as the discretion of the management, where a refund is agreed it will take into account all the costs already incurred by Tepilo with regard to your marketing and including allowing a cost for the time spent as well as any external costs incurred for floor plans EPCs and brochures, Our current admin cost to set up a new vendor account is £120
13. Complaints. All complaints are to be made in writing and will be dealt with swiftly and professionally and in accordance to the guidelines set out by the property ombudsman to Head of Customer Experience, Providian House, 16-18 Monument Street, London, EC3R 8AJ. Your chosen conveyancer will work to a service level agreement that Tepilo has put in place. Tepilo will always be available to assist you in any way to resolve any issues but any complaints regarding the conveyancing process must be directed to your conveyancer. .
IMPORTANT - Right to Cancel
14. The Right to Cancel off-premises contracts is regulated by provisions contained in Part 3 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
14.1 Contracts entered into off-premises or at distance are subject to a 14 day "cooling off period", Where contracts are made off premises, you have the right to cancel the contract within a 14-day period SUBJECT TO THE TERMS BELOW INCLUDING CLAUSE 14.3, starting the day after the day on which the contract was made, which is the date these terms and conditions are agreed. Where contracts are cancelled within the specified 14 day "cooling off period" no charges will be due and you will be entitled to a full refund of any payments already made. Please note Tepilo will not publish your property on Rightmove, Zoopla or otherwise begin providing services, until this 14 day cooling off period has expired (unless you agree otherwise) HOWEVER, you can elect to receive the services including commencement of the marketing of you Property during the cooling off period - in which case clause 14.3 shall apply to services provided to you during this period. Our services are deemed to have been provided when your Property is listed on the Tepilo website and marketing has commenced.
14.2 In the event you wish to cancel the contract you must, within the 14 day "cooling off period", inform Tepilo of your decision to cancel in writing by email to firstname.lastname@example.org
14.3 If you request that we begin the performance of services during the above-mentioned cooling off period and then you later cancel during the cooling-off period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation of this contract, in comparison with the full coverage of the contract.
14.4 Subject to this clause 14, you may ask us to remove your details from the Tepilo website at any time after the 14 day "cooling off period", but you will not be entitled to any refund.
15 Intellectual Property Rights. Tepilo and/or its licensors own all rights in the intellectual property rights relating to the Services and the Website.
16. IMPORTANT You are expressly prohibited from:
16.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Service and the Website including without limitation, any information, articles, photographs, images or submissions in ups made available to you using the Services and the Website; and
16.2 removing, modifying, altering or using any registered or unregistered marks/logos/design owned by Tepilo and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Tepilo or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Tepilo.
Your General Obligations
17.1 You agree that you are solely responsible and liable for all your activity on the Website, whether you are a Registered User or an Unregistered User.
17.2 You must promptly notify Tepilo in the event there is a breach of security or any unauthorised use of the Login Details where you are a Registered User. Tepilo may be contacted by email at email@example.com
17.3 You shall not submit to appear on the Website, any information, Property Data (defined below) review, comment, images, link or other material whatsoever in all format that may reasonably be deemed to
17.3.1 be offensive, illegal, inappropriate or in any way;
17.3.2 promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
17.3.3 harass or advocate harassment of another person;
17.3.4 display pornographic or sexually explicit material;
17.3.5 promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
17.3.6promote any illegal activities;
17.3.7 provide instructional information about illegal activities, including violating someone else's privacy or providing or creating computer viruses;
17.3.8 promote or contain information that you know or believe to be inaccurate, false or misleading;
17.3.9 engage in or promote commercial activities and/or sales, without the prior written consent of Tepilo; or
17.3.10 infringe any rights of any third party.
17.4 You acknowledge that by submitting information to the Tepilo website specifically for publication on the Tepilo website whether via your registered account or otherwise (“User Submission”) does not guarantee that such User Submission, or any part thereof, shall appear on the Website, but agree that Tepilo may, at its sole discretion, choose to display any User Submission or any part of a User Submission that you make on the Website and hereby grant to Tepilo a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
17.5 You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any User Submissions that you make to the Website.
17.6 You hereby grant to Tepilo a non-exclusive, irrevocable licence to make the User Submissions available to other Registered and Unregistered Users of the Website and to edit the User Submissions in the event that Tepilo deems it necessary or desirable to do so for any reason.
17.7 You hereby grant to Tepilo a non-exclusive, irrevocable licence to make the User Submissions available to other media and publications and to edit the User Submissions in the event that Tepilo deems it necessary or desirable to do so for any reason. This can also include other portal partners who may be listing your property on our behalf and may contact you regarding their services.
17.8 If you feel that any User Submission made by other Registered and Unregistered Users is objectionable, you are advised to contact Tepilo using the contact details set out on the Website. Tepilo shall use its reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any.
17.9 You further agree that at all times, you shall:
17.9.1 if you are a Registered User, not use your Login Details with the intent of impersonating another person;
17.9.2 if you are a Registered User, not allow any other person to use your Login Details;
17.9.3 not use the information presented on the Website or derived from the Services for any purposes other than those expressly set out in these Terms;
17.9.4 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;
17.9.5 not use the Website, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;
17.9.6 not use any information obtained using the Website otherwise than in accordance with these Terms;
17.9.7 comply with all instructions and policies from Tepilo from time to time in respect of the Website;
17.9.8 co-operate with any reasonable security or other checks or requests for information made by Tepilo from time to time; and
17.9.9 use the information made available to you on the Website at your own risk.
17.10 In the event that Tepilo, in its sole and absolute discretion, considers that you have breached any of the terms set out in this clause 16, Tepilo shall reserve the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, your use of and access to the Website; and in the case of illegal use, the instigation of legal proceedings as appropriate.
17.11 Without prejudice to any of Tepilo's other rights and remedies, Tepilo reserves the right, in its sole and absolute discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of this clause 16.
18 Referrals and introducer payments.
18.1 Referrals will have the right to opt-out of any future email campaigns upon receipt of their first email; or any subsequent ones.
18.2 Referral Incentive. Any member of Tepilo can refer another person to Tepilo, this can be done verbally, via email, internal messaging or via any referral scheme or competition that Tepilo run. If in the event of a referral purchasing a package from Tepilo, the member who passed on the referral may be entitled to an introducer or referral incentive. This may be in the form of money, vouchers or property marketing add-ons. This will be at the discretion and choice of Tepilo.
18.3 Redemption of referrals. Where ever possible Tepilo will have an audit trail of where the referral came from. Upon successful audits a referral fee will be authorised. In the event of Tepilo's internal audit trail resulting in a dispute regarding the origination of the referral, proof may be required from the interested parties.
18.4 Upon authorised referrals, payments, vouchers, property add-ons will be dealt with within 14 days.
19.1 If a court finds any part of these terms and conditions illegal, the rest will continue in force. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19.2 Even if we delay in enforcing these terms and conditions, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking these terms and conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
19.3 These terms and conditions are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
PAY LATER TERMS AND CONDITIONS
PAY LATER – IMPORTANT INFORMATION
If you select the Pay Later option, such selection is conditional upon adherence to these Pay Later terms and conditions and you being deemed to be eligible to pursue the Pay Later option pursuant to these terms and conditions. By selecting the Pay Later option, you accept and agree to be bound by these terms and conditions.
If you opt to Pay Later it is conditional upon you using Tepilo’s recommended conveyancers. If you wish to use your own conveyancers you must either pay a further fee of £360 or you must elect the Pay Now Option.
Payment, in full, for your selected Package and any ordered add-ons (“Total Pay Later Fee”) is required upon the EARLIER OF:
Completion on your Property via any agent;
Upon the expiry of 6 months from the date when your Property first becomes “live” on the Tepilo website (“the Initial Marketing Period”);
You electing not to use one of Tepilo’s recommended conveyancers;
You cancelling the marketing of the Property with Tepilo (subject to clause 14 of the Terms and Conditions above).
Such date shall be hereinafter referred to as “the Payment Due Date”
If the Payment Due Date falls on a weekend or a Bank Holiday in England, payment is due on the working day prior to the same.
IMPORTANT ELIGIBILITY INFORMATION:
Our Pay Later option is only available to people who:
a) natural persons (and not businesses, charities or organisations) and age 18 or over;
have a residential address in the United Kingdom;
c) are employed;
d) have a net income of at least £500 per month;
e) have a UK bank account and debit card;
f) have a mobile phone; and
have not or are not:
g) currently on any kind of unpaid leave from their job;
h) under notice of redundancy;
i) the subject of any disciplinary action which may cause their employment to be terminated;
j) tendered their resignation or intend to do so before the Payment Due Date; and
k) are not bankrupt, in any kind of debt management plan, entering into a trust deed or bankruptcy or Individual Voluntary Arrangement.
6. By opting for our pay later package you confirm that you meet our requirements as set out in clause 5
7. You can pay the Pay Later Total Fee by a number of payment methods including debit card, cheque or bank transfer.
8. Unless you state otherwise before agreeing to proceed under these terms and conditions, you agree that we may collect your Payment by using your Debit Card Details to debit the amount due from your account. This is called a Continuous Payment Authority. At any point before the Payment Due Date you can tell us that you no longer want to use your Debit Card Details to make your payment in this way by contacting us at firstname.lastname@example.org or writing to us at Collections Department, Tepilo Limited, Providian House, 16-18 Monument Street, London, EC3R 8AJ. If you do cancel your Continuous Payment Authority you must make alternative arrangements for your payment and promptly tell us what they are.
9. Under your Continuous Payment Authority, we will attempt to collect your payment on the Payment Due Date. If we are unable to collect your payment we will try to contact you to discuss your payment options with you. If we are unable to contact you or your payment remains outstanding on the last working day of the month following your Payment Due Date and we will make one further attempt to collect that payment. This second attempt to collect your payment will be made on the last working day of the month following your Payment Due Date. If we are unable to collect your payment after that second attempt, then we will cancel your Continuous Payment Authority and contact you through e-mail, text and/or telephone so we may discuss your account with you and make appropriate arrangements with you in relation to the amount then outstanding.
10 If you do not pay the Total Pay Later Fee or any outstanding amounts of the same in full on the Payment Due Date then we may take steps to recover the outstanding amount from you. Depending on your circumstances this may include instructing a debt collection agency and may ultimately result in us bringing legal proceedings against you. If we do you may be liable for our reasonable costs incurred in trying to recover the money you owe under this Agreement.
11 You must tell us as soon as reasonably possible and in any event within 10 working days if you change:
your residential address;
your home telephone number;
your mobile telephone number;
your email address;
your work address;
your work telephone number;
your bank account details; or
your Debit Card Details.
12 We may terminate our agreement with you and demand immediate payment of the sums you owe to us under it by serving you with such notice as we are required to provide by law if:
we discover that our decision to defer your payment was based on inaccurate, misleading or incomplete information;
you cease to comply with clause 5 of these terms and conditions;
someone serves a statutory demand on you or takes other steps to make you bankrupt;
d) you die; or
e) you materially breach these terms and conditions.
13 Communicating with you
13.1 You agree that we may communicate with you by sending notices, information, documents and any statements to you in relation to this Agreement:
a) to the most recent address we hold for you;
b) sending you a PDF of the notice, information, document or statement concerned to any email address you have provided to us; or
c) by delivery of an SMS to any mobile telephone number you have given to us.
14. Where you have provided us with an email address, we may contact you by email in relation to your application and about any issue arising under this Agreement throughout the duration of this Agreement.
15. IMPORTANT - USE OF YOUR INFORMATION
15.1 Fraud and credit checks and verifying your identity
(i) Fraud prevention checks:
We will check the personal information you provide to us with fraud prevention agencies before we agree to allow you to proceed with the Pay Later option under these terms and conditions. If false or inaccurate information is provided, or if fraud is identified, details may be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. We, and other organisation, may also use and access this information to prevent crime, including fraud and money laundering, for example, when checking details on applications for credit and credit related or other facilities; managing credit and credit related accounts or facilities; and recovering debt.
We may access and use from other countries the information recorded by fraud prevention agencies in addition to accessing and using the information recorded by the UK’s fraud prevention agencies. These organisations may be in countries outside the European Economic Area. You can contact us at the address above if you would like the details of the relevant fraud prevention agencies.
(ii) Identity checks:
To protect you and us from financial crime, we may be required to verify the identity of our customers. We may do this by either using reference agencies to search sources of information relating to you (an identity search) or relying on the Estate Agent to verify your identity and your residential address. This will not affect your credit rating. If this fails, we may need to approach you to obtain documentary evidence of identity.
(iii) Credit reference checks:
We will conduct a full credit check using credit reference checks before we agree to allow you to take our pay later package. We may do this for example if this is necessary for compliance with applicable laws or regulatory rules.
15.2 We may use credit reference agencies (CRAs), including their records, to obtain information on you, including on your credit history and in order to ascertain risks related to the Pay Later option we provide. When CRAs receive a search from us, they will conduct a full credit check on your credit file that may be seen by other lenders and other companies unrelated to us (for example, other CRA customers). These search footprints, personal information and (possibly) account performance data may be used by other lenders and CRA customers. The CRAs may add the details of our search and information we hold about you to their records relating to you.
15.3 Credit searches and other information about you which is provided by us to the CRAs may be used and disclosed by CRAs to other companies unrelated to us for the purposes mentioned above and to enable those other companies to trace your whereabouts, recover debts that you owe and verify your identity. Records remain on file at the CRAs for 6 years after they are closed, whether settled by you or defaulted. CRAs may also use the information referred to in this regard for the purpose of statistical analysis about credit ratings.
15.4 We may access and use from other countries the information recorded by CRAs, in addition to accessing and using the information recorded by the UK’s CRAs. These organisations may be in countries outside the European Economic Area.
15.5 If you tell us that you have a spouse or financial associate with whom you have a personal relationship that creates a joint financial unit in a similar way to a married couple (for example if you have been living at the same address at same the time) we may:
(i) search, link and/or record information at CRAs about you both,
(ii) link any individual identified as your financial associate, in our own records,
(iii) take both your and their information into account in future applications by either or both of you, and
(iv) continue this linking until for example one of you notifies us that you are no longer linked.
15.6 When CRAs receive a search from us they will link together the records of you and your spouse or financial associate. Links between all such persons will remain on your files and their files until such time as you or the other relevant person successfully files for a disassociation with the CRAs. If your circumstances change such that you are no longer a financial unit with another person you should contact the CRAs about this.
15.7 You can contact the CRAs currently operating in the UK (CallCredit, Equifax and Experian) to find out what information they hold about you. The information they hold may not be the same so you may wish to contact more than one. Their details are below. They are entitled charge you a small statutory fee.
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