Agent Terms & Conditions

Definitions

 

Agreement	This agreement entered into between Split The Bills and the Letting Agent constituted by these agreed terms and conditions.
Business Day	A day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Data Protection Legislation	All applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended, together with any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications).
Property / Properties	The address of a house or apartment set out in the Utility Order, created using your unique Split The Bills link.
Services	The services supplied by Split The Bills
Tenancy Agreement	Any form of contract, application form or agreement otherwise signed or entered into between the Letting Agent and Tenants which grants rights to the Tenant to occupy the Property.
Tenant / Tenants	Tenants living in a Property, who sign up using your unique Split The Bills link.
Utility Package	The utilities supplied by the principle providers as set out in the Utility Order, created using your unique Split The Bills link.
Website	The website at www.splitthebills.co.uk or any subsequent web address notified by Split The Bills from time to time.

 

 

 

Obligations

1.1          The Letting Agent shall co-operate with Split The Bills in all matters relating to the Utility Package;

 

1.2          The Letting Agent will recommend Split The Bills to prospective Tenants for utilities, including in response to any enquiries relating to utility services.

 

1.3          Save where the Tenants expressly so request in respect of a Property, the Letting Agent will not, for the term of this agreement, work with or offer any similar or competing utility bills service provider to Tenants of their accommodation.

Liability

2.1          Nothing in this agreement limits any liability which cannot legally be limited, including but not limited to liability for:

(a)            death or personal injury;

(b)            fraud or fraudulent misrepresentation; or

(c)             breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

2.2 Subject to any express terms and conditions of this agreement, Split The Bills shall not be liable to the Letting Agent, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement for:

(a)            loss of profits;

(b)            loss of sales or business;

(c)             loss of agreements or contracts;

(d)            loss of anticipated savings;

(e)            loss of or damage to goodwill;

(f)             loss of use or corruption of software, data or information;

(g)            any indirect or consequential loss.

 

2.3          Subject to clause 2.1, Split The Bills’ total liability to the Letting Agent, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this agreement shall not exceed all sums paid by the Letting Agent to Split The Bills and all sums payable under this agreement in respect of the Services actually supplied by the principle providers to Split The Bills in the twelve months preceding the date on which the claim arose.

 

General

3.1          Data Protection. To the extent that any personal data is collected, processed or otherwise used in relation to this agreement, each of the parties undertake to comply with all applicable Data Protection Legislation.

3.2          Force Majeure. Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.

3.3          Assignment and other dealings. Split The Bills may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under this agreement. The Letting Agent shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under this agreement without the prior written consent of Split The Bills.

3.4          Confidentiality. Each party undertakes that it shall not at any time during the duration of this agreement, and for a period of two years after termination or expiry of this agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except each party may disclose the other party’s confidential information as follows: (i) its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under this agreement (with each party ensuring that such persons shall comply with this clause 5); and (ii) as may be required by law, a court of competent jurisdiction or any governmental regulatory authority.

3.5          Entire Agreement. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

 

3.6          Variation. No variation of the terms of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

3.7          Waiver. A waiver of any right or remedy under this agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.

3.8          Severance. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this agreement deleted under this Clause 3.8 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

3.9          Notice. Any notice given to a party under or in connection with this agreement shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case).

Any notice shall be deemed to have been received:

3.9.1            if delivered by hand, at the time the notice is left at the proper address;

3.9.2            if sent by pre-paid first-class post or other next working day delivery service, at 9.00am on the second Business Day after posting.

3.9.3            This clause 3.9 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.

3.10      No partnership or agency. Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person.

3.11      Third party rights. Unless it expressly states otherwise, this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

3.12      Governing law. This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.

3.13      Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.