Customer Terms & Conditions

This summary is for convenience only and does not form part of the Agreement. Where it differs from the clauses below, the clauses prevail.

This Agreement is made between Addex Properties Ltd, registered in England and Wales under company number 16709770, whose address for correspondence is Suite RA01, 195-197 Wood Street, London, E17 3NU, United Kingdom (“Addex”, “we”, “us” or “our”), and the person or organisation identified in the Service Order (“the Client”, “you” or “your”).

These Terms apply to all services supplied by Addex and, together with the documents listed in clause 2, form the whole agreement between us.

• the Service Order, quotation or written confirmation setting out the specific services, property, dates, fees and authority level;
• these Customer Terms and Conditions;
• the Addex Service Scope and Exclusions document current at the date of the Service Order; and
• any written variation agreed under clause 6.

If there is any conflict, these documents take priority in the order listed, except that a written variation takes priority in respect of the matter it varies. No terms put forward by the Client form part of this Agreement unless we accept them in writing.

A quotation is an invitation for you to place an order; it is not an offer capable of acceptance. A contract is formed when we confirm your order in writing, or when we begin performing the Services, whichever happens first. Quotations are valid for 30 days and are given on the basis of the information you provide.

We may decline any instruction where we reasonably consider that we lack the necessary competence, insurance, authority or information, or where proceeding would place any person at risk or breach a legal obligation. Where we decline before starting work, no charge arises.

Every Service Order states an Authority Level. Where none is stated, Level 1 applies.

Our authority is specific to the instruction, Property and period stated. An Occupier, contractor, neighbour or other third party has no authority to instruct us or vary the Services. A verbal request made during a Visit may only be acted on if it falls within the existing Authority Level and scope.

Either party may propose a change. A change takes effect only when we confirm it in writing, together with any change to the Fees, timetable or Authority Level. We are not obliged to agree to a change, and will not agree to anything within our excluded activities.

You confirm that, at the date of the Service Order and throughout the Services:

• you own the Property, or are otherwise lawfully entitled to instruct us and authorise the access we require;
• you have the right to grant us access and, where a Key is provided, to give us that Key;
• where the Property is occupied, all notices required by law or the tenancy have been given and any required consent obtained;
• you have told us of every hazard, defect, risk or unusual feature of which you are aware, including asbestos, structural defects, aggressive animals, security risks or a history of hostility;
• you have told us anything about the Occupier that could affect the safety of a Visit; and
• the information you have given us is accurate, complete and not misleading.

You are responsible for ensuring we can access the Property at the agreed time, including working Keys, correct codes, parking and permission for communal areas. You will not ask us to do anything unlawful or outside our scope, and will deal with us courteously and without abuse or discrimination.

We attend at the date and time window agreed; times are estimates. A Visit is treated as attended and is chargeable in full where we cannot gain access or complete it because:

• keys, codes or access arrangements do not work or are not as described;
• nobody attends to admit us where attendance was required;
• an Occupier refuses entry or asks us to leave;
• the Property or any part of it is unsafe, obstructed or inaccessible;
• a contractor or third party fails to attend or attends outside the agreed window; or
• we are required to withdraw on health, safety or legality grounds.

We will never force entry or attempt to persuade an Occupier to admit us. Any area that is locked, blocked or inaccessible is recorded as not inspected, and no reduction in Fees arises. Additional time beyond the allowed period may be charged at our published waiting-time rate.

• We attend only where you have confirmed lawful notice has been given or the Occupier has consented. You remain responsible for the Occupier’s right to quiet enjoyment.
• We will not force, insist upon or negotiate entry. If access is refused we leave, record what happened and report it to you.
• We will not enter where the only person present is a child, or where an Occupier appears unable to give informed consent.
• Photographs record the condition of the Property. We avoid people, personal documents, correspondence, medication, screens and identifiable personal effects, and we do not open drawers, wardrobes or containers.
• We will not discuss the tenancy, rent, arrears, your intentions or any dispute with an Occupier.
• Where we observe a risk to anyone’s safety we may escalate it to you and, where immediate, to the emergency services.
• We withdraw immediately where a person becomes hostile, threatening or abusive.

We will not work at height, enter a confined or structurally unsafe space, handle or disturb suspected hazardous material, isolate or operate a utility supply, or place ourselves at risk of injury. We may withdraw at any time where continuing would be unsafe, unlawful or outside scope; a Visit ended in those circumstances is chargeable as attended.

Where we hold Keys, we record their receipt, code them so they do not identify the Property, store them securely and log every movement. We do not provide an alarm response service, an out-of-hours key-holder response service or emergency attendance, and nothing obliges us to attend outside our stated operating hours. We accept Keys only where the Service Order expressly includes Key Holding.

Where we provide access for a contractor or visitor, we do so as an access provider only. We do not select, engage, supervise, direct, inspect, approve, certify or guarantee any contractor’s work, and we are not a duty holder under construction regulations. Any contract for works is between you and the contractor, who remains solely responsible for their work, competence, insurance and compliance. Where we record what a contractor tells us, we report their statement without verifying it.

Every Deliverable is a record of what was visible, on a non-invasive basis, at the Property on the date and time of the Visit. It is not a statement about the condition of the Property at any other time.

A Deliverable is not, and must not be relied upon as:

• a structural or building survey, valuation or homebuyer report;
• an inventory prepared to any prescribed standard;
• a gas, electrical, energy, fire or legionella assessment or certificate;
• a statement of legal or regulatory compliance; or
• a warranty of any kind.

We do not investigate the cause of any defect, or open, move, lift, test, operate or dismantle anything, and we do not enter lofts, cellars, roofs or unsafe areas. We give no assurance that all defects have been identified. Where a Deliverable identifies a possible issue, you should obtain advice from a suitably qualified professional — our identification is an observation, not a diagnosis, specification or costing.

The Property Health Score™ is an Addex monitoring and communication tool based on non-invasive visual observation. It is not a statutory rating, valuation, structural survey, safety certificate or warranty, and must not be used for valuation, lending, insurance, legal or compliance purposes.

Deliverables are prepared for you alone and for the purpose stated in the Service Order. Delivery timescales stated by us are targets; where a target is missed, our obligation is to deliver within a reasonable time.

We are not an estate agent, letting agent, managing agent, surveyor, contractor, security company or legal adviser. Under no Service do we:

• market or let a property, find or reference tenants, negotiate terms, or prepare tenancy agreements;
• collect or hold rent, hold client money, or handle tenancy deposits;
• carry out any repair, installation, maintenance, cleaning or clearance work;
• provide gas, electrical, energy, fire, legionella or asbestos assessments or certificates;
• provide legal, tax, planning, valuation or investment advice;
• serve statutory notices, or take or advise on possession or eviction action;
• remove an Occupier or their belongings, change locks against an Occupier, or restrict a lawful Occupier’s access; or
• guarantee that a Property is safe, secure, compliant or free from defects.

Addex Properties Ltd is not currently registered for VAT, so fees are stated without VAT. If we become VAT registered, VAT will be added to Fees for Services supplied on or after the date of registration.

Additional charges may apply for travel beyond our standard area, urgency, waiting time, additional rooms or units, repeat attendance, out-of-scope work agreed by variation, and abortive Visits.

Card payments are processed by Stripe and appear on your statement as ADDEX PROPERTIES or ADDEX. We do not store your card details. We may withhold a Deliverable until the related Fees are paid in full, and may suspend the Services where a sum remains overdue after written notice. Late payment by a Business Client may attract interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998. All sums are payable in pounds sterling. Payment queries: accounts@addexproperties.com.

If you are a Consumer and the Agreement was made at a distance or away from our premises, you have the right to cancel within 14 days of the day the contract was made, without giving a reason. If you ask us expressly to begin before the 14 days end and then cancel, you must pay for the Services actually provided. Where the Services are fully performed within the 14 days at your express request, and you acknowledged you would lose the right to cancel, the right no longer applies. Refunds due are made within 14 days, using the original payment method.

Outside the statutory right, the cancellation and rescheduling charges in our Cancellation, Refunds & Complaints Policy apply. Recurring plans may be cancelled by either party on 30 days’ written notice expiring at the end of a billing period. Cancellations and rescheduling: bookings@addexproperties.com.

Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.

If you are a Consumer. We are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or failing to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable. Your legal rights under the Consumer Rights Act 2015 are not affected.

If you are a Business Client. We are not liable for loss of profit, loss of rent, loss of business or anticipated savings, or for any indirect or consequential loss. Our total liability arising out of an instruction is limited as set out in the Service Order.

We are not liable for defects that were not visible on the day, for the acts or omissions of a contractor or third party, for decisions taken on the basis of a Deliverable without professional advice, or for matters listed in clause 14. We are not liable for the security of a Property between Visits, or for any event occurring when we are not present. Any claim must be notified to us in writing as soon as reasonably possible.

We maintain public liability insurance and professional indemnity insurance. The existence of insurance does not increase our liability beyond the limits in this clause.

Each party will comply with applicable data protection law. Our Privacy Notice explains how we handle personal information. Where you provide personal information about an Occupier, you confirm you are entitled to do so and that the person has been given the information they are entitled to receive. We will not use photographs of your Property for marketing without your separate written consent, and will never publish an image that identifies an Occupier.

Each party will keep the other’s confidential information confidential and use it only for the purposes of this Agreement. We own all intellectual property in our templates, report formats, methodologies, checklists, scoring systems and the Property Health Score™.

On payment in full you receive a non-exclusive licence to use the Deliverables for your own property management, insurance and record-keeping purposes, and may share them with your advisers, insurer or lender provided you make clear we accept no responsibility to them. You may not resell a Deliverable, publish it commercially, remove our branding, or amend it and present it as our work.

This Agreement begins when a contract is formed and continues until the Services are complete or it is terminated. Either party may terminate immediately for a material breach that is not remedied within 14 days of written request. We may terminate or suspend immediately if your authority to instruct us is withdrawn or disputed, if you fail to pay a sum overdue after notice, if you ask us to act unlawfully or outside scope, or if anyone attending on our behalf is subjected to abusive, threatening or discriminatory behaviour.

On termination we invoice for Services performed and expenses properly incurred, return or destroy any Keys in accordance with your instructions, and deliver any Deliverable for which payment has been made.

If you are unhappy with any aspect of our service, please tell us as soon as possible so we can put it right. Complaints go to complaints@addexproperties.com or to our correspondence address. We acknowledge complaints within 3 working days and send a written response within 15 working days.

Addex Properties Ltd is a member of the Property Redress Scheme, membership number PRS054249. If you remain dissatisfied after our final response, or if we have not responded within eight weeks, you may refer your complaint to the Scheme — theprs.co.uk. Full details are in our Cancellation, Refunds & Complaints Policy.

We are not liable for any failure or delay caused by an event outside our reasonable control, including severe weather, flood, fire, power or network failure, transport disruption, industrial action, civil unrest, epidemic, act of government, or the act or omission of a third party. Where such an event occurs we will arrange a new date; if it continues for more than 30 days, either party may terminate and we will refund Fees paid for Services not provided.

We may use employees, subcontractors or other personnel to perform the Services and remain responsible to you for them. Anyone attending on our behalf is bound by equivalent obligations of confidentiality and conduct. You may not assign this Agreement without our written consent, which will not be unreasonably withheld.

Notices must be in writing and sent by email to the address given for that purpose, or by post to the address for correspondence. An email notice is treated as received on the next working day; a posted notice on the second working day after posting.

• This Agreement is the entire agreement about the Services and replaces earlier discussions, except that nothing excludes liability for fraudulent misrepresentation.
• If any provision is unenforceable, the rest continues in force.
• A delay in enforcing a right is not a waiver of it.
• Nothing creates a partnership, joint venture or employment relationship.
• A person who is not a party has no right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.
• We may update these Terms; the version in force at the date of your Service Order applies to that order. For recurring plans we give at least 30 days’ written notice of any change.

This Agreement and any dispute arising out of it are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction, except that a Consumer resident in Scotland or Northern Ireland may also bring proceedings in their local courts.

Use this only if you wish to cancel. You do not have to use it — any clear statement that you are cancelling is enough. Send to Addex Properties Ltd, Suite RA01, 195-197 Wood Street, London, E17 3NU, United Kingdom, or bookings@addexproperties.com.