1. Definitions In these terms and conditions, where the context admits:
1.1 “the agreement” means the agreement between you and Tenant Screening for the provision of services;
1.2 “breach of duty” includes any breach of duty, infringement of any or other proprietary rights, commission of a criminal offence, breach of warranty or contract, misrepresentation and any tortious wrong, and breach of any statutory or other regulatory requirements.
1.3 “Tenant Screening” means, and is a trading name of, Tenant Screening Ltd, a company incorporated in England (number: 5645374) and whose registered office is at Swatton Barn, Badbury, Swindon Wiltshire SN4 0EU;
1.5 “Intellectual Property” means copyright (including the look and feel of a website to a reasonable person), designs, patents, trademarks, data protection rights, concepts, ideas and programming;
1.6 “privacy policy” means the privacy policy of Tenant Screening, which may be viewed via the Internet at http://www.tenantscreening.co.uk;
1.7 “report” means a report by Tenant Screening providing a recommendation on the result of its enquiries and requests for verification of facts, information or statements made of referees;
2. Application and Extent
2.1 These terms and conditions cover the provision by Tenant Screening of services to you and are incorporated in the agreement (subject to any agreed amendments).
2.2 The agreement contains the entire agreement between you and Tenant Screening and supersedes all other agreements, arrangements, undertakings, proposals and representation relating to the services.
3. Tenant Screening’s Obligations
Services
3.1 Tenant Screening will provide the services to you in accordance with the agreement.
Time
3.2 Any specified dates and times for provision of the services are target dates and times subject to the availability and co-operation of the referees along with accurate information being supplied by the prospective tenant on the screening application form.
Completion of Services
3.3 The obligations of Tenant Screening, when agreeing to verify the details of a prospective tenant, are to request verification of name, current home address, and date of birth claimed in the application form by communicating with a licensed credit provider (Equifax) and verification of present or future employment and rental circumstances by communicating with each referee until a reference or refusal to provide a reference is obtained.
3.4 Tenant Screening may, at its discretion and without obligation, make additional enquiries to clarify or correct any response it receives as a result of its enquiries or for any other purpose.
3.5 Tenant Screening will send communications by post, facsimile transmission, telephone, e-mail or other means as it thinks fit, using contact details supplied by the prospective tenant.
3.6 Performance of services under clause 3.3 constitutes complete performance by Tenant Screening.
4. Limitations on Liability
Tenant Screening aims to validate tenancy application details promptly and efficiently. Nevertheless, the following terms and conditions apply. Each is (subject to clause 8.2) to be construed independently of the others and as widely as possible:
4.1 Tenant Screening has no obligation beyond a duty to exercise reasonable skill and care in providing the services in accordance with the agreement.
4.2 Tenant Screening is not liable for any loss of earnings, profits, savings or business or personal opportunities or for any other loss that is consequential on any alleged breach of duty by Tenant Screening.
4.3 Tenant Screening relies on information supplied by the prospective tenant and by referees in providing services. Tenant Screening is not liable for any losses, claims, expenses, damages or liabilities that you may endure as a result of any inaccuracy in, or omission from, information supplied by the prospective tenant or by referees or for the consequence of its reliance on that information as being true, complete and fair.
4.4 The obligation of Tenant Screening is limited to requesting verification from referees of facts comprised in the tenancy application to the extent it has agreed to do so and reporting on the outcome of such requests. Tenant Screening does not guarantee, represent or warrant that those facts or the answers or comments of referees are or will be current, complete, true, accurate, balanced or fair, irrespective of the response received (if any) or of the contents of its report and is not responsible for them.
4.5 Tenant Screening sends requests and enquiries to referees using information, names and contact details supplied by the prospective tenant. Tenant Screening will attempt to the extent possible to verify that information or the identity, contact details or status of referees whom it contacts and is not liable for the fraud, dishonesty, forgery, misrepresentation or personation of or by any persons whom it contacts, or from whom it receives a response, or any other person.
4.6 Tenant Screenings total liability to you is limited to the amount paid by you to them in respect of the services to which any claim relates.
4.7 Tenant Screening is not liable for any breach of duty caused by, or in respect of which loss is caused or increased by, act of God, insurrection or civil disorder, war or military operation, weather, acts of any government or public authority, the acts or omissions of any other person or anything else outside Tenant Screenings reasonable control.
4.8 Tenant Screening handles information and data in accordance with its privacy policy, which you accept. You as well as Tenant Screening are responsible for maintaining the confidentiality of any information supplied to you.
5. Your Obligations
You must comply with the following obligations. They do not widen Tenant Screenings obligations in any way or affect any other obligations of yours. They are to be construed independently of one another and as widely as possible.
5.1 You must pay Tenant Screening promptly and in full in cleared sterling funds, or in accordance with its directions, in respect of charges and expenses for any other services.
5.2 All charges or expenses must be paid within 30 days of invoice or demand. Tenant Screening may demand payment on account or in arrears in respect of any liability to be incurred to a third party in providing services.
5.3 No deductions may be made from any payment to be made to Tenant Screening, by way of set off or otherwise.
5.4 If any payments to Tenant Screening are not paid in full when due and payable, all payments concerning the services or any other services requested by you (whether or not under the agreement and whether or not the services to which they relate have been commenced or completed) immediately become due and payable in full.
5.5 Tenant Screening provide services only at the request, or with the consent, of the subject in such form and with such wording as Tenant Screening requires. If you are not the subject, you are responsible for obtaining such consent for the benefit of Tenant Screening, including that individual’s agreement to Tenant Screenings privacy policy.
5.6 You must ensure that your use and retention of any report or other information supplied by us complies with all applicable laws and regulatory requirements.
5.7 You must breach no duty, and do nothing in using Tenant Screenings services, in handling or storing information that would constitute a breach of duty by you or otherwise bring Tenant Screening into disrepute.
5.8 You agree to indemnify Tenant Screening against any losses, actions, proceedings, claims and demands (including the costs of or payable by Tenant Screening in connection with them and including any sustained in criminal or disciplinary proceedings):-
5.8.1 sustained by reason of any breach of duty by you or
5.8.2 arising as a result of or in connection with the provision of services or any act or omission carried out by Tenant Screening at your request or direction.
5.9 You must notify Tenant Screening promptly of any changes to your name, address or e-mail address
6. Intellectual Property and Other Property Rights
Tenant Screening retains all Intellectual Property in:
6.1 its website;
6.2 any report;
6.3 any document or information obtained or produced in connection with services; and
6.4 all website design, text, graphics, software, source code and other material on the website.
7. Termination
7.1 Tenant Screening may terminate the agreement to supply the services any time and without notice if you breach it in any way.
7.2 In the event of termination of the agreement or services in any circumstances:
7.2.1 Tenant Screening may withdraw access to any report.
7.3 Your accrued obligations to Tenant Screening, and Tenant Screening’s remedies, are otherwise unaffected by termination of the agreement or services as above or by any time, indulgence or waiver given by Tenant Screening.
8. Supplementary Provisions
8.1 Any notices to be given to you by Tenant Screening may be given in writing or by facsimile transmission sent to the address or number last notified to Tenant Screening by you, or by e-mail to the last e-mail address notified by you to Tenant Screening. Any notices to be given to letter.
8.2 If these terms and conditions are void, unenforceable or ineffective in any respect but would be valid, enforceable and effective if part of its wording or its effect were deleted, qualified, modified or restricted in scope, they operate as if such wording or effect were so deleted, qualified, modified or restricted as necessary to make it or the remaining provisions valid, enforceable and effective.
8.3 Tenant Screening may amend these terms and conditions and alter services at any time. Any such amendment may be notified to you by e-mail, letter or facsimile transmission or by display on the Tenant Screening website. Any such amendment has immediate effect.
9. Data Processing
Where Tenant Screening processes personal data (as defined in the Data Protection Act 1998 and General Data Protection Regulation 2018) on your behalf, you shall be the data controller and Tenant Screening the data processor of such personal data (as each of those terms are defined in the Data Protection Act 1998 and General Data Protection Regulation 2018), and Tenant Screening shall:
9a. Process such data solely in accordance with your instructions from time to time (consistent with its duties under the Data Protection Act 1998 and General Data Protection Regulation 2018); and
9b. Adopt and maintain appropriate security measures for processing data, both in terms of the technology used and how it is managed.
USE OF PERSONAL INFORMATION – Although Tenant Screening act as the Data Controller and Data Processer when completing a screening, 3rd party companies are used for particular stages as outlined below.
Freshbooks: Freshbooks is an online accounting company that Tenant Screening use to provide invoicing. Upon creating your account with Tenant Screening, your name and contact details are provided to Freshbooks for the sole purpose of invoices to be created. By agreeing to the Terms and Conditions, you are acknowledging that you are aware that this information is shared with Freshbooks
Equifax: Equifax is a leading credit information provider and certain data that the applicant supplies will be provided to Equifax for the purpose of completing the credit report. The applicant is made fully aware of the information that is provided in their own Terms and Conditions.
PayPal: Tenant Screening’s payment gateway is through PayPal. Therefore, when making payment you will be directed to your PayPal account or payment can be made by Debit or Credit Card. No details are stored when payment is made by Debit or Credit Card.
DATA PROTECTION ACT 1998 Tenant Screening is a registered Data Controller within the meaning of the Data Protection Act 1998 (Information Commissioner Registration Z9389574)