RESIDENTIAL SALES AGENCY TERMS AND CONDITIONS

These Terms and Conditions (Terms) and our Privacy Policy and Terms of Website Use give you information about us and the legal terms and conditions on which you appoint us to market a residential property for sale. It is a requirement of the Estate Agents Act 1979 that you understand and accept our Terms before instructing us in relation to the sale of your Property.

We are Moonline Property Limited ("we" or "us"), a company incorporated in England and Wales under company number 10620761, and have our registered office at 3rd Floor, 20 Bedford Street, Covent Garden, London, WC2E 9HP. Our main trading address is at Ground Floor, 2 Penta Court, Station Road, Borehamwood, WD6 1SL.

YOU ("YOU" OR "YOUR") ARE THE OWNER OF THE PROPERTY OR HAVE THE OWNER'S EXPRESS PERMISSION TO DEAL WITH IT. YOU MUST BE OVER 18 YEARS OLD.

These Terms apply to any contract between us (Contract) for the provisions of our property sales and estate agency services described in these Terms (Services) so please read them carefully. Please note that before using our Services you will be asked to agree to these Terms by ticking the acceptance box online. If you refuse to accept these Terms, you will not be able to use our Services.

The use of our Website is governed by our Terms of Website Use. We only use your personal information in accordance with our Privacy Policy . Please take the time to read our Terms of Website Use and Privacy Policy as they include important terms which apply to you.

1.

Interpretation

The following definitions and rules of interpretation apply in these Terms.

1.1

Definitions

Agency Period

means the six month period starting on the date the Contract comes into force and any agreed extension thereof, unless terminated earlier in accordance with clauses 7 or 8, and ending in any event on completion of the sale of the Property.

Business Day

a day other than a Saturday, Sunday or public holiday when banks in the City of London are open for business.

Full Moon Services

means the marketing services, the viewing services provided by a Local Property Expert and any other services described as Full Moon Services in these Terms and/or on Our Website.

Half Moon Services

means the marketing services for the Property and any other services described as Half Moon Services in these Terms and/or on Our Website.

Local Property Expert

means the person(s) appointed by us to conduct viewings and perform any other Services in respect of the Property.

Market Appraisal Form

means the form (also known as valuation of property form) which you complete on Your MoonHub Centre with your personal details and details of the Property to request a Market Appraisal Report.

Market Appraisal Report

means the market appraisal report (also known as valuation report) prepared by us following a visit to your Property by a Local Property Expert which sets out our valuation of the Property and a recommended price.

Normal Hours

between 9 am and 8 pm Mondays to Fridays and on Saturdays by prior agreement with your Local Property Expert.

Our Website

Over the Moon Service(s)

means any extra selling tool and Services in addition to the Full Moon Services and Half Moon Services as described in these Terms and/or on Our Website.

Partner Websites

means zoopla.co.uk, rightmove.co.uk, primelocation.com and any other property websites with which we partner from time to time, referred to on Our Website.

Price List

the list of our prices for the provision of the Services, as set out in Our Website from time to time.

Property

means the property identified in the Market Appraisal Form.

Your MoonHub Centre

means a personal hub/live portal on Our Website to which you will be granted access once you have signed up on which you will be able to review your Property, monitor the progress of the sale of your Property, order Services, review offers and viewings and update your calendar.

1.2

Any reference in these Terms to "writing", or cognate expressions, includes a reference to any communication effected by e-mail, via your MoonHub Centre or by similar means.

1.3

Any reference in these Terms to any statute or provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.

1.4

The headings in this document are for convenience only and shall not affect its interpretation.

2.

Appointment

2.1

Following receipt of your Market Appraisal Form, a Local Property Expert shall visit the Property to inspect it and prepare a Market Appraisal Report without cost to you. If you are satisfied with the Market Appraisal Report you can order Half Moon or Full Moon Services via Your MoonHub Centre. By doing so, you accept these Terms and appoint us on a non-exclusive basis to act as your agent in relation to the sale of the Property and to provide the Services described in clause 3.

2.2

Because our appointment is non-exclusive, you may appoint another person or persons to act as your agent in addition to us during the Agency Period but it is your responsibility to check that you would not breach your agreement with other agents by appointing us. Furthermore, this will not affect your liability to pay to us the fees and charges arising under the Contract, as described in these Terms. You may also be liable to pay fees or commissions to other agents.

2.3

We will confirm that we accept your appointment by sending to you an e-mail or via your MoonHub Centre. The Contract between us will only come into force when we have sent you such an e-mail.

3.

The Moonline Services

3.1

During the Agency Period, we shall market the Property for sale on the open market. The way in which we do this will depend on which of the following Services you buy from us:-

  • Visit and inspect the Property.
  • Prepare particulars of the Property, including a written description, floor plan and professional photographs.
  • Place such particulars on Our Website and such Partner Websites as we may decide.
  • Advise you on the value of the Property.
  • Enable you to arrange viewings of the Property (which you will conduct yourself) via Your MoonHub Centre.
  • Take reasonable steps, in respect of any person who has made an offer to buy the Property, to establish the source and availability of that person's funds for the urchase, and relay this information to you.
  • Make your Local Property Expert available to you on reasonable notice during Normal Hours for the purposes of consultation and advice relating to the Property.
  • Erect a "for sale" board outside the Property and comply with the Town and Country Planning (Control of Advertisements) Regulations 2007.
  • Such other Services as indicated on Our Website from time to time.

All the Half Moon Services plus:

  • Arrange and escort viewings by your Local Property Expert during Normal Hours, subject to your Local Property Expert's availability, and keep you informed of the outcome of all enquiries and viewings.
  • Such other Services as indicated on Our Website from time to time.
  • Arrange for an Energy Performance Certificate (EPC) to be prepared for the Property prior to marketing, should your Property require one.
  • Not provide a "for sale" board outside the Property.
  • Re-erect a "for sale" board outside the Property where it has been lost, destroyed or removed.
  • Arrange for the Property to be listed as a premium listing on Partner Websites which offer such a service.
  • Such other Services as indicated on Our Website from time to time.

3.2

You acknowledge and agree as follows:-

(a)

We have no control over Partner Websites and we shall not be responsible for the presentation or the continued marketing of your Property on such Partner Websites;

(b)

We will not provide any Services until the end of the 14 day cancellation period set out in clause 7.3, unless you expressly instruct us to do so;

(c)

We will use reasonable skill and care in advising you on the value of the Property but you will be solely responsible for deciding the price at which it should be marketed and whether to accept any offer from a buyer;

(d)

The viewing services are subject to your Local Property Expert's availability;

(e)

Over the Moon Services are optional extras that can be purchased on request at the time you subscribe for the Half Moon Services or Full Moon Services or at any time during the Agency Period in conjunction with Half Moon Services or Full Moon Services;

(f)

You shall be responsible for any "for sale board" once it has been erected at the Property and you will replace or repair any lost or damaged boards at your expense. If we re-erect a damaged or stolen board, you will be charged at the rate specified in our Price List under "no board request".

(g)

If you do not wish us to erect a "for sale board" or you ask us to remove one already supplied, this will be subject to an extra cost at the rate specified in the Price List;

(h)

If you have chosen the Half Moon Option or if you wish to organise viewings outside Normal Hours, you shall arrange viewings via Your MoonHub Centre, and conduct them yourself;

(i)

You may at any time during the Agency Period upgrade to the Full Moon Services but only on a Pay Now basis;

(j)

We will market or describe the Property, unless otherwise agreed as being:

i)

"under offer" where a formal offer has been accepted and solicitors' details have been exchanged or if another agent markets the Property "under offer". In such a case no further viewings will be arranged unless you instruct us to do so; and

ii)

"sold" once the sale has been completed or if another agent markets the Property as "sold".

3.3

You may accept or negotiate an offer or ask your Local Property Expert to do so on your behalf and you must decline an offer promptly if you have accepted another offer.

3.4

You authorise us to use, store, reproduce and edit and disclose to any third party for the purpose of providing the Services in accordance with these Terms all information that you provide to us relating to the Property.

3.5

We shall obtain and maintain in force during the Agency Period all licences, permits and approvals which are necessary or advisable for the performance of our duties under these Terms and shall comply with all relevant legislation and guidance.

3.6

We shall act with all due care and diligence and in accordance with sound commercial principles.

3.7

Subject as provided in these Terms and to any directions which you may from time to time properly give, we shall be entitled to perform our duties under these Terms in such manner as we may think fit.

3.8

We may recommend certain products and services to you including but not limited to conveyancers, mortgage providers, interior designers, insurers, surveyors. Please note that we may receive commissions for such recommendations.

4.

Your Commitments

4.1

You confirm that you are the owner(s) of the Property and/or are entitled to sell it on behalf of the owner pursuant to specific written instructions. Where the Property is jointly owned, the person completing the Market Appraisal Form warrants to us that he/she is authorised by all co-owners to enter into a Contract with us on their behalf.

4.2

You shall provide us with any identification documents which we require you to give to us in order to enable us to comply with our anti-money laundering obligations and we reserve the right not to commence marketing the Property until you provide the required documents to us.

4.3

Where you have opted for the Full Moon Services, you shall provide us with one set of keys to the Property and confirm that we may make further copies of the keys as necessary. All keys will be stored in a safe place and returned to you when required. If you do not wish to provide us with one set of keys you shall arrange for someone to be at the Property when viewings are to take place.

4.4

If you do not ask us to supply an Energy Performance (EPC) certificate, you will provide us with a valid Energy Performance Certificate, if applicable, and you agree that we shall not commence marketing the Property until you provide it to us.

4.5

You shall make sure that the Property is fit to be photographed when our professional photographer comes to take photographs of the Property. If you wish our professional photographer to take additional photographs of the Property after his first visit we shall charge you additional costs to be paid in accordance with clause 5.5(b) at the rate set out in our Price List.

4.6

You shall check the draft particulars of the Property prepared by us and confirm their accuracy or notify us of any required changes.

4.7

You shall ensure that the Property is safe and in a suitable fit and tidy condition for viewings, whether you conduct them yourself or we do so on your behalf.

4.8

You will notify us immediately when an offer is made directly to you or through another agent and also when you exchange contracts and complete the sale of the Property.

4.9

Subject to us complying with our obligations under these Terms, you shall indemnify us against all and any liability (including but not limited to all costs and expenses of defending any proceedings) which we may incur by reason only of us being held out as your agent.

5.

Fees and Payment

5.1

You agree to pay the fees for our Services at the rates quoted in the Price List on Our Website from time to time. You understand and agree that such fees are payable irrespective of whether or not your Property is sold.

5.2

We may change the Price List from time to time but any change will not affect the cost of any Services purchased before the changes come into effect.

5.3

Our fees include VAT (where applicable) at the current rate chargeable in the UK from time to time and will be subject to adjustment in the event of a change in the applicable rate of VAT.

5.4

You can only pay for our Services using a debit or credit card and you must provide us with the details thereof when you order the Services via Your MoonHub Centre. If you pay on a Pay Monthly basis, you can only pay by direct debit except for the first payment which can be paid by debit or credit card. Details of the cards that we can accept are listed on Our Website. By providing to us your debit or credit card details you authorise us to charge to you any payment due by you to us under the Contract as described in clause 5.5.

5.5

When you must pay depends on which Services you are buying and which payment option you have chosen:

(a)

Subject to clauses 5.6 and 5.7, the Half Moon Services and the Full Moon Services can be paid by using any of the following option:

i)

Pay Now: full payment for the Services is made in advance at the time you order the Services via Stripe.

ii)

Pay Monthly: payment for the Services is made in six monthly instalments via Go Cardless. You shall make the first monthly payment at the time you order the Services followed by 5 equal monthly instalments. If the sale of the Property is completed before the end of the Agency Period we will charge you the balance of the Pay Monthly fees on completion of the sale. If the Contract is terminated in accordance with clauses 7 or 8 we will charge you in accordance with those clauses.

iii)

Pay Later: payment is taken from your debit or credit card or bank account via Go Cardless at the end of the first six months of the Agency Period, or on completion of the sale of the Property or when the Contract is terminated in accordance with clauses 7 or 8, whichever is earlier and whether your Property has been sold or not and whether through us or another agent.

(b)

Any Over The Moon Services ordered at the same time as the Half Moon Services or Full Moon Services will be paid on the same basis as the Half Moon Services or Full Moon Services. Any Over The Moon Services ordered after the initial subscription for the Full Moon Services or the Half Moon Services may only be ordered on a Pay Now basis.

5.6

If you renew the Half Moon Services or the Full Moon Services in accordance with clause 6.2, payment must be made in advance at the time you subscribe for the renewal on the Pay Now basis.

5.7

If the registered owner(s) of the Property were not present during the market appraisal visit all payments must be made on the Pay Now basis.

5.8

If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. Interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

6.

Duration and Termination of Agency Contract

6.1

We will supply the Services to you from the date we accept your order until one of the following events occurs, whichever happens first:

(a)

the end of the Agency Period; or

(b)

the completion of the sale of the Property, whether through us or another agent; or

(c)

either of us ends the Contract in accordance with clauses 7 or 8.

6.2

You can renew the Half Moon or Full Moon Services in relation to the same Property, irrespective of which of these two options you had previously ordered, at a discounted price specified in our Price List, at any time prior to the end of the first 6 months of the Agency Period.

6.3

Upon the termination of the Contract, we shall cease to promote, market, advertise or solicit offers for the Property.

6.4

If our performance of the Services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this and the delay has not been caused by us we will not be liable for losses caused by the event. If there is a risk of substantial delay you may contact us to end the Contract and you may receive a refund for any Services you have paid for but not received.

6.5

We may have to suspend the Services to:

(a)

deal with technical problems or make minor technical changes;

(b)

update the Services to reflect changes in relevant laws and regulatory requirements; or

(c)

make changes to the Services as requested by you or notified by us to you.

6.6

We will contact you in advance to tell you we will be suspending the Services, unless the problem is urgent or in an emergency. If we have to suspend the Services for longer than 7 days we will extend the provision of our Services to you for a time equivalent to the suspension.

6.7

If you do not pay us for the Services when you are supposed to or if the collection of your payment fails and you still do not make payment within 5 Business Days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services.

7.

Your Rights to end the Contract

7.1

You may contact us at any time to end the Contract, but in some circumstances we may charge you for doing so, as described below.

7.2

If you are a consumer, you have a legal right to cancel the Contract during the period set out in clause 7.3. This means that if you change your mind or decide for any other reason that you do not want to use the Services during the relevant period, you can notify us of your decision to cancel the Contract and receive a refund.

7.3

The deadline for cancelling the Contract is the end of 14 days after the day on which the Agency Period commences. If you have ordered any Over the Moon Services, the deadline for cancelling each of these Services is the end of 14 days after the day on which we confirm our acceptance of your order for the Over the Moon Services by email or via Your MoonHub Centre.

7.4

You must inform us if you wish to cancel the Contract. The easiest way to do this is to complete the cancellation form in hard copy or complete it on Your MoonHub Centre. If you use this method we will e-mail you to confirm that we have received your cancellation.

You can also telephone us at +44 (0)20 3866 5050 or e-mail us at info@moonlineproperty.co.uk.

7.5

If you are exercising your right to cancel the Contract and have asked us to start providing the Services during the cancellation period, we may deduct from any refund, or charge you (if you have chosen to Pay Monthly or Pay Later), an amount for the supply of the Services for the period for which it was supplied, ending with the time when you told us you wished to cancel the Contract. The amount will be in proportion to what has been supplied, and will include but not be limited to the costs of uploading the Property details on Our Website and Partner Websites, photographers' fees, costs for any viewings and administrative costs.

7.6

If you cancel the Contract, we will refund you on the credit card or debit card or bank account used by you to pay or by cheque within 14 days after you inform us of your decision to cancel the Contract.

7.7

You cannot cancel the Contract in respect of Services which have been completed.

7.8

If you cancel the Contract this shall not affect your liability to pay for Services which have already been provided or have commenced.

7.9

In addition, you can end the Contract for a reason set out at (a) to (c) below. In such a case the Contract will end immediately and we will refund you for any Services which have not been provided or have not been provided properly. The relevant reasons are:

(a)

we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;

(b)

there is a risk the Services may be significantly delayed because of events outside our control; or

(c)

we do not perform the Services in accordance with the Contract and fail to remedy any breach within ten Business Days of receipt of written notice from you describing the breach and requiring it to be remedied.

7.10

If you end the Contract after the cancellation period referred to in clause 7.3 and/or for none of the reasons set out at (a) to (c) we may retain the full amount already paid by you, or charge you (if you have chosen to Pay Monthly or Pay Later) the full balance payable by you for the supply of the Services.

8.

Our Rights to end the Contract

8.1

We may end the Contract at any time by writing to you if:

(a)

you do not make any payment to us when it is due and/or we cannot collect payment from the credit or debit card or bank account you have supplied to us and you still do not make payment within 5 Business Days of us reminding you that payment is due;

(b)

you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example, the particulars of the Property, your identity documents to enable us to comply with our anti-money laundering obligations or the EPC; or

(c)

you do not give us access to your Property to enable us to provide the Services to you.

8.2

If we end the Contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for Services we have not provided but we shall be entitled to deduct or charge you reasonable compensation for the costs we have incurred or will incur as a result of your breaking the contract including the costs of bringing any proceedings against you, together with reasonable legal fees. We will deduct from any refund, or charge you (if you have chosen to Pay Monthly or Pay Later), an amount for the supply of the Services for the period for which they were supplied.

9.

Complaints

9.1

We are a member of The Property Redress Scheme.

8.2

If you have any complaints about our Services, please read our Complaints Policy which will guide you on how to raise a complaint or email us at complaints@moonlineproperty.co.uk.

10.

Other Important Terms

10.1

We may transfer our rights and obligations under the Contract to a third party but this will not affect your rights or our obligations under these Terms.

10.2

You may only transfer your rights or your obligations under the Contract to another person if we agree in writing.

10.3

Each party acknowledges that, in entering into the Contract, it does not rely on any representation, warranty or other provision except as expressly provided in these Terms, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

10.4

No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of a breach of any provision of the contract shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

10.5

If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the remaining paragraphs shall continue to be valid.

10.6

Except as set out in these Terms, any variation, modification or amendment to the Contract, including this form requirement, must be agreed between us in writing in order to be valid and binding.

10.7

This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999, or otherwise.

10.8

Nothing in these Terms shall create, or be deemed to create, a partnership or the relationship of employer and employee between us.

11.

How we may use your personal information

11.1

We will use the personal information you provide to us in accordance with our Privacy Policy:

(a)

to supply the Services to you;

(b)

to process your payment for the Services; and

(c)

if you have agreed to this at any time, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us

11.2

We may pass your personal information to credit reference agencies, surveyors, solicitors or mortgage brokers. Where we extend credit to you for the Services we may pass your personal information to financial institutions and credit reference agencies and they may keep a record of any search that they do.

11.3

We will only give your personal information to other third parties where the law either requires or allows us to do so.

12.

Notices

12.1

Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail or via Your MoonHub Centre.

12.2

A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid domestic UK first class post or other next working day delivery service, at 11.00 am on the second Business Day after posting or if sent by e-mail or via your MoonHub Centre, one Business Day after transmission. In all other circumstances, a notice or communication shall be deemed to have been received on the date of actual receipt. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

13.

Law and Jurisdiction

Please note that these Terms and any Contract for the provision of our Services through Our Website 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) will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.