Customer Terms and Conditions of Business
1. 1. DEFINITIONS
1.1. The following expressions shall have the following meanings;
“Agreement" means the contract between Tenant Shop and the Customer for the provision of the Services incorporating these Terms and Conditions;
"Business Day" means a day (other than a Saturday, Sunday or public holiday and the Tenant Shop office shut-down period between Boxing Day and New Year’s Day) when banks in London are open for business;
“Card payment” a payment made by a credit or debit card;
“Conditions/Terms & Conditions” means the terms and conditions of supply of Services to the Customer as set out in this document and any subsequent terms and conditions agreed in writing by Tenant Shop and as amended from time to time;
“Credit Check” means a credit check, also known as a credit search, is when a company looks at information from your Credit Report to understand your financial behaviour. A check may be completed by Tenant Shop through either, LexisNexis, Experian, Equifax or TransUnion, to establish the current credit file of the customer, and their credit performance
“Credit Report” means a report that contains information on an individuals financial behaviour taken from the last six years of their credit history.
“Customer” “You” or “Your” means the applicant for use of the Services;
“Data Protection Legislation”
means the Data Protection Act 2018, the General Data Protection Regulation 2016/679 (“GDPR”), the Privacy and Electronic Communications Regulations (EC Directive) 2003, and any legislation that repeals, replaces, supersedes or amends any such legislation relating to the processing of personal data and/or e-privacy;
means a trading name of Tenant Shop;
“GDPR” means the General Data Protection Regulation (EU) 2016/679;
“Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;
“Landlord” means any person to which the Customer is liable to pay Rent pursuant to the terms of the Tenancy and, where applicable, the Managing Agent;
“Managing Agent” means the letting agency or property management company which may have been appointed by the Landlord to manage the property to which the Tenancy relates;
“Members Details” mean the personal information you provide Us upon applying for a Membership via the Site;
“Membership” means either MyCreditBooster Annual Membership or MyCreditBooster Monthly Membership as applicable to the Customer;
“MyCreditBooster” means a trading name of Tenant Shop;
“Order” means Customer’s registration for the Services on the Site;
“Past Payments” means rental payments made prior to the application approval date;
“Rent” means the amount the Customer is required to pay to the Landlord pursuant to the terms of the Tenancy;
“Services” means the services to be provided by Us to the Customer as described in these Terms which may assist Customers to improve their credit rating and histories by paying their Rent in a timely manner;
“Site” means the Tenant Shop websites, https://dynamicreferencing.uk/mycreditbooster/, or https://tenantshop.uk/referencing/as may be updated from time to time;
"Tenant Shop”, “We”, “Our” or “Us” means Tenant Shop Services Limited a company registered in England, registered number 09246840, with the registered office address: Building X92, Cody Technology Park, Old Ively Road, Farnborough, Hampshire, GU14 0L;
“Tenancy” means the tenancy agreement which exists between Landlord and the Customer;
“MyCreditBooster Annual Membership” means a membership subscription which is paid in advance and costs forty-five pounds (£45.00) per annum (including vat);
“MyCreditBooster Monthly Membership” means a membership subscription which is paid in advance and costs five pounds (£5.00) per month (including vat);
“Tenant” means any person renting a property from a Landlord or Managing Agent; and
“Truelayer” means TrueLayer Limited, which is registered in England and Wales (Company Registration Number 10278251) and authorised and regulated by the Financial Conduct Authority (FCA: SI 2017/752). with a trading address 40 of Islington High Street, London, N1 8XB and registered office: Fleet Place House, 2 Fleet Place, London, England, EC4M 7RF, United Kingdom.
2. BASIS OF AGREEMENT
2.1. The Order constitutes an offer by the Customer to purchase Services in accordance with these Terms and Conditions.
2.2. The Order shall only be deemed to be accepted when We issue confirmation to the Customer that We have successfully completed our checks under clause 6, at which point we shall issue a unique reference number to the Customer and the Agreement shall come into existence.
2.3. The Agreement constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Us which is not set out in the Agreement.
2.4. This document (together with the documents referred to within it) states to the Customer the terms and conditions under which We supply the Services. Customers should read these Conditions carefully and make sure that they understand them before ordering any Services on Our Website.
2.5. These Terms and Conditions apply to the Agreement to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3.1. Your agreement and Your Membership will commence as set out below (each a “Commencement Date”):
3.2. For MyCreditBooster Annual Membership paid by a fee made in advance:
3.2.1. Your agreement will commence on the date you pay your MyCreditBooster Annual fee and shall continue unless extended or cancelled in accordance with these Terms and Conditions; and
3.3. For MyCreditBooster Monthly Membership paid by a Monthly Fee:
3.3.1. Your agreement will commence on the date you pay the first MyCreditBooster Monthly fee and shall continue unless extended or cancelled in accordance with these Terms and Conditions.
4. FEES AND CHARGES
4.1. The first month's Membership fee is collected from You by Us by Card Payment approximately 1-5 days after Your Membership application date and this fee is not refundable under any circumstances with the exception of The Consumer Contracts Regulations handling detailed below in clause 19.
4.2. If You are looking to upgrade Your Membership from a MyCreditBooster Monthly Membership to an MyCreditBooster Annual Membership there is no administration fee charged at the point at which You upgrade. You can upgrade your Membership at any time by contacting Tenant Shop on the telephone number: 020 3985 3245 at which point in time the MyCreditBooster Annual Membership fee shall become due and payable. For clarity, a MyCreditBooster Annual Membership may not be applied retrospectively and any MyCreditBooster Monthly fees already paid will not form a contribution to the cost of the MyCreditBooster Annual Membership.
4.3. If You should terminate Your MyCreditBooster Annual Membership (in accordance with clause 10) part way through a Membership year, Tenant Shop shall calculate Your liability for payment up to the point of termination (based upon the monthly payment rate) and refund any pre-paid fees remaining, subject to You also being liable for payment of an administration fee of twenty pounds (£20) to Tenant Shop.
4.4. Your second Card Payment for MyCreditBooster Monthly Membership fees will be collected one month after You joined. Subsequent Card Payments for MyCreditBooster Monthly Membership fees will be collected monthly thereafter. Each payment made is not refundable under any circumstances.
4.5. If any Card Payment is rejected by the card issuer We may charge You, on demand, a reinstatement fee of twenty pounds (£20). If, despite Us having notified you of a missed payment, further payments are missed, We reserve the right to, at Our sole election, either suspend or terminate Your Membership, upon having given You written notice of Our intention to do so. We may present an option to reduce the administration fee if the outstanding amount is paid online within seven (7) days of becoming due.
4.6. You agree to advise Us immediately of any change to the Members Details provided.
4.7. Please note that payment for this service may show on your credit card or bank statement as; MyCreditBooster, Tenant Shop or Dynamic Referencing.
From time to time We may need to increase the price of Membership. We will give you at least 1 full months' notice of any incoming price increase and will make it clear when the price increase will take effect and how much Your Membership will cost after the increase. During this period You will have your usual right to terminate your Membership in accordance with the Membership terms and conditions and rules. If you do not terminate the Membership by the date given to You in the notice then the price of your Membership will be increased in accordance with Our notice.
6. SUPPLY OF SERVICES AND OUR STATUS
6.1. You will sign up to TrueLayer via the Site to provide authorisation for Us to read Your bank statement. We may request that You sign up to TrueLayer again; (i) if Your bank login details change or (ii) at each ninety (90) day period of using the Tenant Shop service.
6.2. Tenant Shop’s notification that the Rent is received and reported is for verification purposes only. This does not constitute a goods receipt.
6.3. Tenant Shop shall use reasonable endeavours to account for all Rent payments received from You to the Landlord (and/or the Managing Agent) monthly.
6.4. Once We have, through our opening banking integration with TrueLayer, reviewed your rental payments and confirmed they have been paid in full and on time, We will make a record of this on Your account information held by Us and this will be reported by Us to the Credit Reference Agency or Agencies once per month. Tenant Shop will use all reasonable endeavours to ensure that all reports provide an accurate reflection of the record of payments read from the Customers bank account.
6.5. For the avoidance of doubt:
6.5.1. You will be able to access historical rent payments from your Tenant Shop account that We have matched. If You request a validated Rent Statement this will include a covering letter from Tenant Shop and at least three (3) months’ rent payment history. This will be provided in a pdf format and there will be a cost of ten pounds (£10.00) (including vat). Please refer to the Tenant Shop website for the latest information on related costs.
6.5.2. Tenant Shop does not operate a rent arrears chasing service on behalf of your “Landlord” or “Managing Agent”;
6.5.3. Tenant Shop does not guarantee payment of Rent (or any proportion of it) by the Customer and Tenant Shop is not offering, under the terms of this agreement, any rent guarantee scheme or service;
6.5.4. Tenant Shop offers no guarantee that We will notify either You or Your Landlord or Managing Agent in the event of non-receipt of payment of Rent; and
6.5.5. We will be unable to report your rental payments to Credit Broker if:
188.8.131.52. you fail to pay your rent in full and on time; or
184.108.40.206. you make a change, agreed with your Landlord or otherwise, to your rental payment plan.
6.6. We may provide links on Our Site to the websites of other companies, whether affiliated with Us or not. We cannot guarantee that services You purchase from third parties on Our Site, or from companies to websites which We have provided a link will be satisfactory and such warranties are disclaimed by Us absolutely.
6.7. Tenant Shop offers no guarantees nor do We accept responsibility for delayed Rent payments.
6.8. Tenant Shop shall use all reasonable endeavours to meet any performance dates specified but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
6.9. Tenant Shop shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and We shall notify the Customer in any such event.
6.10. Tenant Shop warrant to the Customer that the Services will be provided using reasonable care and skill.
6.11. Under this Agreement, Tenant Shop acts solely as a data provider to credit brokers. Your Tenancy agreement is between You and the Landlord and is subject to the terms and conditions of that Tenancy agreement, and We are not liable or responsible for the same or for any calculation of any Rent due. By using the Truelayer service We will use all reasonable endeavours to verify Your Rent payment has been made, but this is not a guarantee that Your rent has been received by Your Landlord or Managing Agent.
6.12. You shall ensure that You are not in breach of Your Tenancy Agreement by using the Tenant Shop Services.
6.13. We may collect information on Past Payments for a period of up to six (6) months prior to the Commencement Date. However, We shall not report on those Past Payments unless previously agreed with You in writing. Such additional Past Payment reporting may be subject to extra charges.
6.14. Rental data records can have a positive, negative or no impact on Your consumer score / credit rating. If there are missed or late rental payments Your credit may be adversely affected.
7. CUSTOMER'S OBLIGATIONS
7.1. The Customer shall:
7.1.1. ensure that the terms of the Order are complete and accurate;
7.1.2. co-operate with Us in all matters relating to the Services;
7.1.3. Give permission to Tenant Shop, at Tenant Shop’s cost, to complete an initial Credit Check, to validate the credit account of the Customer and to highlight any current credit defaults;
7.1.4. provide Us with such information and materials as We may reasonably require in order to supply the Services and ensure that such information is accurate in all material respects (including full details of the Tenancy to include (but not limited to) rental amount, due date and frequency); and
7.1.5. pay the fees and charges in accordance with clause 4 and if applicable clause 8.
7.2. If the performance of any of Our obligations under the Agreement is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (a "Customer Default"):
7.2.1. We shall without limiting Our other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve Us from the performance of any of its obligations to the extent the Customer Default prevents or delays Our performance of any of Our obligations;
7.2.2. We shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Our failure or delay to perform any of Our obligations as set out in this clause ; and
7.2.3. the Customer shall reimburse Us on written demand for any costs or losses sustained or incurred by Us arising directly or indirectly from the Customer Default.
8. PAYMENT OF TERMINATION ADMINISTRATION FEES
If You terminate the Services while in arrears of Rent, We reserve the right to charge You a non-refundable fee of twenty pounds (£20.00) (including vat) to cover Our reasonable administration costs and expenses incurred in connection with any investigation involving the Customer and the Credit Reference Agency.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by us.
9.2. The Customer acknowledges that, in respect of any third party Intellectual Property Rights, the Customer’s use of any such Intellectual Property Rights is conditional on Us obtaining a written licence from the relevant licensor on such terms as will entitle the Supplier to licence such rights to the Customer.
9.3. All materials supplied to the Customer are Our exclusive property.
10.1. Should either party wish to terminate the agreement under these Terms they must do so by providing four (4) weeks’ written notice of the termination. The customer must write to [email protected]
10.2. Either party may terminate the Agreement by notice in writing to the other if:
10.2.1. the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
10.2.2. the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
10.2.3. the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
10.2.4. the other party ceases to carry on its business or substantially the whole of its business; or
10.2.5. the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
10.3. We reserve the right to terminate this Agreement with immediate effect if you fail to pay your rent in full and on time.
10.4. Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
11. CONSEQUENCES OF TERMINATION
11.1. On Termination of the Agreement for any reason:
11.1.1. Tenant Shop will cease to report on the Customer ’s Rent payment(s) to the Credit Reference Agency once the notice of termination expires;
11.1.2. the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry;
11.1.3. clauses which expressly or by implication have effect after termination shall continue in full force and effect; and
11.2. Tenant Shop accepts no responsibility for notifying the Landlord when a notice of termination is received from the Customer and the Customer hereby acknowledges and agrees that termination of the Service will not serve as notice to determine the Tenancy. Any notice to end Your Tenancy must be served directly on the Landlord (and/or their authorised agent) by the Customer in accordance with the terms of the Tenancy.
12. LIMITATION OF LIABILITY:
12.1. The customer's attention is particularly drawn to this clause
12.2. Nothing in these Terms and Conditions shall limit or exclude Our liability for:
12.2.1. death or personal injury caused by its negligence, or the negligence of its employees, agent or sub-contractors;
12.2.2. fraud or fraudulent misrepresentation; or
12.2.3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
12.3. Subject to clause 12.2:
12.3.1. We shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Agreement; and
12.3.2. Our total liability to the Customer in respect of all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of ten thousand pounds sterling (£10,000).
12.4. Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.
12.5. This clause 12 shall survive termination of the Agreement.
13.1. The Customer shall indemnify Us against all claims, losses, damages, costs, liabilities and expenses which we may incur and which arise from the Customer’s breach of any of its obligations under these Terms and Conditions.
14. USE OF WEBSITE/USER ID
14.2. Access to certain areas of the Website is restricted. Tenant Shop reserves the right to restrict access to other areas of this Website, or indeed this entire Website, at its discretion.
14.3. If You are provided with a user ID and password to enable You to access restricted areas of this Website or other content or services, You must ensure that the user ID and password are kept confidential.
14.4. Tenant Shop may disable Your user ID and password without notice.
15. FORCE MAJEURE
15.1. For the purposes of this Agreement, Force Majeure Event means an event beyond Our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving Our workforce or any other party), failure of a utility service or transport network, act of God, war, pandemic, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
15.2. We shall not be liable to the Customer as a result of any delay or failure to perform Our obligations under this Agreement as a result of a Force Majeure Event.
15.3. If the Force Majeure Event prevents Us from providing any of the Services for more than four (4) weeks, We shall, without limiting its other rights or remedies, have the right to terminate this Agreement immediately by giving written notice to the Customer.
16. ASSIGNMENT AND SUBCONTRACTING
16.1. We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Agreement and may subcontract or delegate in any manner any or all of its obligations under the Agreement to any third party or agent.
16.2. The Customer shall not, without Our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Agreement.
16.3. Notices Email may be used for routine communication between the parties, provided that such emails are sent between valid email addresses as notified between the parties to one another from time to time. The sender of the email shall ensure that such emails include a read receipt request.
16.4. Any notice or other communication shall be deemed to have been duly received upon the earlier of (i) the date and time of the read receipt response or (ii) on the next Business Day after transmission.
16.5. This clause 16 shall not apply to the service of any notices of disputes, proceedings or other documents in any legal action.
17.1. A waiver of any right under the Agreement is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
17.2. Unless specifically provided otherwise, rights arising under the Agreement are cumulative and do not exclude rights provided by law.
18. GENERAL TERMS & CONDITIONS
18.1. If a court or any other competent authority finds that any provision of the Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Agreement shall not be affected.
18.2. If any invalid, unenforceable or illegal provision of the Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
18.3. No partnership: Nothing in the Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
18.4. Third parties: A person who is not a party to the Agreement shall not have any rights under or in connection with it.
18.5. Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Agreement, shall only be binding when agreed in writing and signed by us.
18.6. Governing law and jurisdiction: This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
19. THE CONSUMER CONTRACTS REGULATIONS HANDLING
As per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are entitled to cancel Your Membership and receive a full refund of any fees paid within 14 days of Your application by completing an Order. However, as per regulation 36 of Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
20. CONTACTING US
20.1. If You have any questions or if You have any complaints, please contact us. You can contact Us by e-mailing Us at [email protected]
20.2. If You wish to contact Us in writing, or if any clause in these terms requires You to give Us notice in writing You can send this to Us by e-mail to Tenant Shop Ltd. at [email protected] We will confirm receipt of this by contacting You by email.
21. YOUR PERSONAL INFORMATION
21.1. We will use the personal information You provide to Us to:
21.1.1. provide Your Membership services;
21.1.2. Process your Credit Check
21.1.3. process Your Membership payment; and
21.1.4. keep you up-to-date about similar products or services that We provide, but You may stop receiving these at any time by contacting Us.
21.3. Tenant Shop will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.
21.4.1. the personal information We process;
21.4.2. what We process Your personal information for;
21.4.3. the lawful basis upon which we rely to justify Our processing;
21.4.4. details of any third parties with whom We may share personal information; and
21.4.5. Your rights in respect Your personal information.