These Terms and Conditions (Conditions) shall apply to all contracts for the supply of services as detailed on our website and selected by you (Services) by UK Settled Limited (Settled, us, we) to the Customer (you, whether sole or joint sellers) and to the exclusion of any other documentation or communication from you. Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by Settled.
If you are selling a property with another person (or persons) then you will all be treated as being bound by these Conditions and an instruction from one of you can be treated by us as an instruction from both/all of you and a payment can be recovered by us from any of you.
Other Applicable Terms
Information about us
Settled.co.uk is a site operated by Settled UK Limited ("We"). We are registered in England and Wales under company number 8675785 and have our registered office at 35 Kingsland Road, London, E2 8AA. We are a limited company.
Subject to our obligations under the law to disclose certain information, we shall use all reasonable care to ensure that your confidential information is kept confidential.
Limitation Of Liability
Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury caused by negligence.
However, if you are purchasing the Services in the course of your business, our liability to you whether for breach of contract, negligence or otherwise shall not exceed the sum of £1699 and we will not be liable under any circumstances to you or any third party for any indirect or consequential loss of profit or other economic loss howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise. We cannot accept liability for items lost in the post.
If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the Conditions shall continue in full force and effect as if these Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire or breakdown or interruption of equipment including third-party services in relation to equipment, and the party shall be entitled to a reasonable extension of its obligations.
Law and Jurisdiction
These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.
Changes to terms
Website Terms & Conditions
Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
Changes to site
We may update our site from time to time and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
Ownership of site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- Ensure that any information, data or documents provided by you to us, from time to time, are complete, up to date and accurate;
- Co-operate with us in all matters relating to the Services;
- On-demand provide us with such information, data or documents as Settled may require from time to time in order to supply the Services;
- Provide such assistance as Settled may reasonably require from time to time in relation to the Services;
- Immediately inform us if there is any change in your circumstances, which may affect the provision of the Services;
- Actively participate in the sale of your property including communicating promptly with potential purchasers and arranging viewings.
- If Settled’s performance of any of its obligations is prevented or delayed by any act or omission by you in connection with, or related to, the Services or failure by you to perform any relevant obligation (Customer Default):
- We shall without limiting our other rights or remedies have the right to suspend performance of the Services until you remedy the Customer Default and to rely on the Customer Default to relieve us from the performance of any of our obligations to the extent the Customer Default prevents or delays our performance of any obligations;
- Settled shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as set out in these Conditions;
- You shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default.
We shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
Our fee covers our Services. The fee for marketing your home covers; a valuation of your home, professional photography, a floor plan, a personal account manager, a for sale sign, advertising on all the major property portals including Rightmove, Zoopla and Primelocation and full access to settled.co.uk, where you can manage all aspects of your home sale. This fee needs to be paid before you set your home advert live at a cost of £499.
Returns/refunds policy: If you are purchasing the Services as a consumer, you may cancel our agreement within the fourteen day period following the date the agreement is made. In all other cases, any refund shall be issued at the sole discretion of Settled. Please contact firstname.lastname@example.org for any cancellation enquiries.
There is no sole agency agreement when paying our marketing fees upfront before you set your home advert live.
Without limiting our other rights or remedies, we may terminate the Contract with immediate effect if you do not meet your obligations under this agreement.
We may terminate our agreement at any time without liability to you after your property has been listed on our website for twelve months if no sale has been concluded in that period.
When conveyancing services are required our licensed conveyancer will underwrite the legal work associated with your property, you will be asked to sign up to the licensed conveyancer’s terms. We accept no responsibility or liability for the services of the licensed conveyancer although it is our responsibility to keep all relevant parties informed of proposed deadlines and other relevant information.
For the legal services and case management performed by our licensed conveyancer, the fee is £700 for the home you are selling and £900 should you wish us to also carry out the legal services for the home you are purchasing. Our fees and any property-related disbursements incurred will be payable on completion (and will be deducted from completion monies that would otherwise be due to you). For more information on disbursements, please see below.
The legal service fees do not cover out-of-pocket expenses (or disbursements), such as surveys, insurance and search fees, that are a necessary part of any property sale. For more information on these, please get in touch at email@example.com or call us on 020 3322 8417 - we'd love to hear from you.