Terms and Conditions

We operate the websites sturents.com, concurrent.co.uk and tenancysign.com. We are StuRents Limited, a company registered in England and Wales under company number 06766831 and with our registered office at Unit 602, 164-180 Union Street, London, SE1 0LH.

This page (together with the documents expressly referred to on it tells you information about us and the legal terms and conditions (Terms) on which we supply any of the Services (as defined below) on sturents.com, concurrent.co.uk and tenancysign.com (our sites).

Some sections of these Terms will only apply if:

• you are using the Services as a landlord or letting agent and are therefore using the Services to facilitate leasing out a property or properties which you own, or otherwise have the right to lease out, to a prospective tenant user (a landlord user);
• you are using the Services as a tenant user and are therefore using the Services to facilitate leasing a property from a prospective landlord user (a tenant user);
• you are using the Services as a guarantor and are therefore using the services to facilitate you guaranteeing the obligations of a tenant user or tenant users on request from that tenant user or tenant users as required by a prospective landlord user (a guarantor user).

Please note that some sections of these Terms will apply regardless of your status.

These Terms will apply to any contract between us for your use of the Services (User Agreement) whether as a landlord user, tenant user or guarantor user. Please read these Terms carefully and make sure that you understand them, before signing up for, using and purchasing the Services on our site. Please note that you will be asked to agree to these Terms before signing up for the Services. Please further note that the User Agreement (being the contract between us for your use of the Services based on these Terms) is a separate contract entirely to the AST or Licence you may enter into (whether as a landlord user, a tenant user or guarantor user) as a result of the Services. These Terms (and in particular the cancellation rights therein) only apply to the User Agreement and not the AST or Licence.

If you refuse to accept these Terms, you will not be able to sign up for or otherwise use the Services on our site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 21. Every time you wish to sign up for or otherwise use the Services, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any User Agreement between us, are only in the English language.

1 Interpretation

In these Terms the following words and phrases shall have the following meanings unless the context otherwise requires:

• Commencement Date: the date the Contract is formed in accordance with clause 9.
• Contract: means the agreement for the purchase and supply of the Services.
• Fees: means the fees and charges payable by you for any of the Services as indicated on our site or notified by us to you in writing from time to time. For the avoidance of doubt, the payment of rent or deposits due under an AST are not considered to be Fees.
• Our Site: StuRents.com, concurrent.co.uk and TenancySign.com
• Services: means the services that you offer to buy and we agree to provide in accordance with clause 9.
• Term: means the period from the Commencement Date for which the Services will be provided in consideration of the Fee paid as specified on our site from time to time or as otherwise agreed between us and you in writing.

2 The Services

2.1 We shall supply the Services to you in accordance with the description of the Services, as listed on our site from time to time and as applicable to your status (i.e. as a landlord user, tenant user or guarantor user) in all material respects.

2.2 We 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 you in any such event.

3 Use of our site

Your use of our site is governed by our Terms of use and Acceptable use policy. Please take the time to read this policy, as it includes important terms which apply to you.

4 How we use your personal information

We only use your personal information in accordance with our Privacy and Cookie policy. For details, please see our Privacy and Cookie policy. Please take the time to read this, as it includes important terms which apply to you.

5 Your status

5.1 By signing up for the Services and using the Services through our site, you warrant that:

5.1.1 you are legally capable of entering into binding contracts and, if you are a landlord user, that you have authority to bind any business on whose behalf you use our site and/or the Services;

5.1.2 these Terms and any documents referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them;

5.1.3 if you are an individual, you are at least 18 years old; and

5.1.4 you are resident in the United Kingdom.

6. Our status

We may provide links on our site to the websites of other companies or businesses, whether affiliated with us or not. We cannot give any undertaking or guarantee, that services or products you purchase from such third party sellers through our site, or from companies or businesses to whose website we have provided a link on our site, will be of a satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

7 If you are a CONSUMER

Clause 7 only applies if you are a consumer.

As a consumer, you have legal rights in relation to the Services. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

8 You must sign up to our site in order to use the Services

8.1 Our site will guide you through the steps you need to sign up to the Services on our site.

8.2 If we are unable to accept your sign up request for any reason we will inform you of this by e-mail and we will not process your request. If you have already paid for the Services, we will refund you the full amount as soon as possible.

9. How the contract is formed between you and us

9.1 For the steps needed to place an order on our site please follow the on screen prompts when placing an order.

9.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

9.3 The order constitutes an offer by you to purchase Services in accordance with these Terms.

9.4 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to purchase the Services. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the order has been accepted and the Services will be provided on our site (Confirmation Email). The Contract will only be formed when we send you the Confirmation Email, and the date that we send the Confirmation Email shall be the Commencement Date.

9.5 The Contract will relate only to those Services we have agreed to provide in the Confirmation Email. We will not be obliged to supply any other Services which may have been part of your order until the acceptance of your offer to purchase those Services have been confirmed in a separate Confirmation Email.

9.6 If we are unable to supply the Services to you for any reason we will inform you by e-mail and we will not process your order. If you have paid for the Services we will refund you the full amount as soon as possible.

9.7 These Terms apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

10 Assured Shorthold Tenancy / Licence

10.1 If you are a landlord user, you are also agreeing to enter into an Assured Shorthold Tenancy (AST) or licence to occupy (Licence) (as applicable) if and when a tenant user chooses one of your properties advertised or otherwise listed on our site to lease/occupy (as applicable) and subject always to that tenant user and, if applicable, that tenant's relevant guarantor user or guarantor users providing you with such information and documentation that you reasonably require and to your satisfaction. The AST or Licence (as applicable) is separate to the User Agreement and you acknowledge that we are not a party to any AST or Licence completed through the Services.

10.2 If you are a landlord user you agree that you will give us full details of all information and/or documentation you require from a tenant user and, if applicable, any guarantor user.

10.3 If you are a tenant user, you are also agreeing to enter into an AST or Licence (as applicable) if and when you choose a property advertised or otherwise listed on our site to lease. You hereby acknowledge that we do not have any knowledge or control over the content of the relevant AST or Licence (as applicable) you will be asked to enter into. The AST or Licence (as applicable) is separate to the User Agreement and you acknowledge that we are not a party to any AST or Licence (as applicable) completed through the Services.

10.4 If you are a tenant user, you are also agreeing to provide such information and/or documentation as we or any landlord user in respect of a property you are proposing to lease as advertised or otherwise listed on our site reasonably requires. Such information may include, but is not necessarily limited to, your name, address, date of birth and other person information, bank and other financial details and documents proving your identity and creditworthiness.

10.5 For the avoidance of doubt, we do not provide payment services under the Payment Services Regulations 2009.

10.6 A tenant user and a landlord user may facilitate payment of rent under an AST or Licence or such other amounts between them by entering and providing information via our site. All rent and other payments are as agreed between the tenant user and landlord user, and our site is a facilitation vehicle only.

10.7 Any payment collection or processing in relation to an AST or Licence is provided independently by a third party service provider. If you are a tenant user, we will not be entitled to any proportion of the sums collected from you by direct debit authorised by you and implemented by a third party prior to such sums being paid to the respective landlord.

10.8 You acknowledge and accept that any payment collection is dependent on details provided by you (whether as a tenant user or landlord user) and the respective user shall be wholly liable for any payments which are improperly collected or paid as a result of inaccurate or misleading information provided by them.

10.9 If you are a guarantor user, you are also agreeing to enter into an AST or Licence (as applicable) in respect of the property proposing to be leased by the tenant user or tenant users for whom you are providing the guarantee. You hereby acknowledge that we do not have any knowledge or control over the content of the relevant AST or Licence (as applicable) you will be asked to enter into. The AST or Licence (as applicable) is separate to the User Agreement and you acknowledge that we are not a party to any AST or Licence (as applicable) completed through the Services.

10.10 If you are a guarantor user, you are also agreeing to provide such information and/or documentation as we or any tenant user or any landlord user in respect of the property proposing to be leased by the tenant user or tenant users for whom you are providing the guarantee as advertised or otherwise listed on our site reasonably requires. Such information may include, but is not necessarily limited to, your name, address, date of birth and other person information, bank and other financial details and documents proving your identity and creditworthiness.

Clause 10.11 only applies if you are a landlord user.

10.11 If you are a landlord user, you warrant that you will and do comply with all relevant laws (whether statute, common law or otherwise) and regulations that are applicable to you by virtue of using the Services. You hereby indemnify us and our employees, officers, agents and sub-contractors against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us and/or our employees, officers, agents and/or sub-contractors arising out of or in connection with any breach of the warranty contained in this clause 10.11.

10.12 The form of AST or Licence (as applicable) to be used will either be provided by the landlord user, a relevant third party (such as a university or letting agent) or ourselves.

10.13 StuRents Limited provides only a sample assured shorthold tenancy template (“Template AST”) for use by its users through its site. StuRents Limited is not a legal practice and nothing on this site constitutes legal (or any other form of) advice. StuRents Limited, its agents, officers, employees, contractors and other representatives shall not be liable for any loss or damage arising directly or indirectly from the possession, publication, or use of, or reliance on, the Template AST. The Template AST is provided 'as is' without any express or implied warranty, guarantee, representation or similar of any kind. In particular, but without limitation to the generality of the foregoing, StuRents Limited does not warrant, guarantee or represent that the Template AST is of satisfactory quality or fit for any purpose (whether known or unknown to StuRents Limited). You are solely responsible for the preparation, content, accuracy and review of any assured shorthold tenancy or other output related thereto prepared or resulting from your use of the Template AST. Nothing in this clause excludes or limits liability that cannot be so excluded or limited under law.

11 Credit Referencing

11.1 As part of our Services, landlord users may from time to time be able to request a credit reference report (Credit Reference Report) in respect of a tenant user or guarantor user via our site (Credit Reference Service). Please see our Privacy and Cookie Policy for how personal information is used.

11.2 Following a request by a landlord user for a Credit Reference Report, we will immediately request such from a third party supplier using information supplied to us via our site by or regarding the respective tenant user or guarantor user. Credit references shall only be carried out using this information provided to us.

11.3 A Credit Reference Report shall be made available to the landlord user via our site once we have received it from the third party supplier.

11.4 We will under no circumstances whatever be liable to you in connection with:

11.4.1 the Credit Reference Service;

11.4.2 the Credit Reference Report (including if you are the subject of such report); or

11.4.3 any act, inaction, matter, or omission arising out of your or another person's reliance on the information contained in the Credit Reference Report.

11.5 You confirm that if any personal data (as defined in the General Data Protection Regulation (EU) 2016/679) (GDPR) and any other directly applicable European Union regulation relating to privacy) or other sensitive information is provided to us by you in respect of a person, including any person who is or may be the subject of a Credit Reference Report:

11.5.1 you have acquired all authorisations and consents from them as may be required by law such that we may perform the Credit Reference Service in respect of that person without us, our employees, offices, contractors, subcontractors, or agents being in breach of any applicable legislation, including the GDPR or other data legislation that may be in force;

11.5.2 we may disclose all such personal data (see our conditions for doing so in our Privacy and Cookie Policy) or other sensitive information (where we have your consent to do so) to third parties (including credit reference agencies) in accordance with our Privacy and Cookie Policy and for the avoidance of doubt we (or such third party) may:

11.5.2.1 conduct any searches or investigations as may be considered necessary or desirable in order to determine the creditworthiness of such person and to prepare a Credit Reference Report in relation to them in order that we and such third parties can perform our contractual obligations;

11.5.2.2 record that any such searches or investigations have been made;

11.5.2.3 make the Credit Reference Report and personal data and sensitive information available to the landlord user that requested the Credit Reference Report in relation to that person.

Clauses 11.6 to 11.15 (inclusive) only apply to landlord users

11.6 Subject to GDPR, you hereby indemnify us and our employees, officers, agents and sub-contractors against all claims, liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us and/or our employees, officers, agents and/or sub-contractors arising out of or in connection with:

11.6.1 any use of a third party's personal data or sensitive information that is supplied by you without that third party's consent or in a manner or for such a purpose for which that third party has not agreed; and

11.6.2 any breach by you of applicable laws or regulations in relation to personal data and sensitive information, including for the avoidance of doubt the GDPR.

11.7 Credit Reference Reports may:

11.7.1 be used by you and no other person;

11.7.2 be used only for the purpose of ascertaining the creditworthiness of the respective tenant user or guarantor user and their suitability to enter into and guarantee performance under an AST or Licence (as applicable) (Purpose);

11.7.3 not under any circumstance be sold, transferred, assigned, distributed, made available to, rented, leased, licensed or sub-licensed, loaned, copied, modified, adapted, merged, translated, disassembled, or be used to create any derivative works without our prior written consent.

11.8 Each time you request a Credit Reference Report via our site you warrant and represent that:

11.8.1 you are a landlord user and are using the Credit Reference Service and the Credit Reference Report, together with any such similar credit, financial, or such other personal information in relation to a tenant user or guarantor user made available as part of the Credit Reference Service, in relation to the Purpose only.

11.8.2 you are requesting a Credit Reference Report in your capacity as a business or trader and you are not acting as a consumer.

11.9 You expressly acknowledge and agree that the Credit Reference Service will be instigated immediately following the completion of the relevant order process and that costs may be irrevocably incurred by us and that, as such, you shall be liable for our costs incurred in relation to the performance of the Credit Reference Service, irrespective of any statutory cooling-off period or right to cancel or change your mind that applies (if any such right exists).

11.10 We provide the Credit Reference Report on an "as is" basis from a third party supplier using information provided by tenant users and/or guarantor users. You acknowledge and accept that:

11.10.1 information contained within the report may be derived from information provided by a tenant user, guarantor user, and other third parties such as credit reference agencies and you further acknowledge and agree that:

11.10.1.1 we do not control such information;

11.10.1.2 the extent, contents, completeness, accuracy, and applicability of the Credit Reference Report is subject to the completeness and accuracy of the information provided by the tenant user or guarantor user or other third parties (as the case may be); and

11.10.2 opinions given or expressed in the Credit Reference Report are those of the author(s) of such only and we do not endorse, agree with, or validate such opinions.

11.11 We make no representation, warranty, or guarantee as to the accuracy or completeness of information provided by tenant users, guarantor users, or landlord users, or any other information contained in or that has contributed to the Credit Reference Report and we shall not be liable to you in any way whatsoever in relation to any matters connected to or arising out of inaccurate, incomplete, misleading, or false information being supplied by to us or otherwise submitted via our site or otherwise in relation to the Services.

11.12 We are not, for the avoidance of doubt, under any obligation to verify the identity of a tenant user or guarantor user. You acknowledge and agree that our Credit Reference Service is not intended to be used to confirm the identity of any tenant user or guarantor user.

11.13 All intellectual property rights (including the avoidance of doubt all copyright and related rights, trade marks, rights to use and protect the confidentiality of confidential information) is owned by or licensed to us. You may not copy, reproduce, imitate, or use as to create a derivative work any Credit Reference Report or any part of them without or prior written consent or, if we are unable to grant such consent, without the prior written consent of the owner of the intellectual property rights in such.

11.14 You shall not at any time disclose to any person any information which has been disclosed between us which has been expressed to be confidential or which would appear to a reasonable person to be confidential (including any information provided in a Credit Reference Report), save for that such information may be disclosed:

11.14.1 to your employees, officers, or representatives who need to know such information for the purposes of exercising your rights or carrying out your obligations under these terms;

11.14.2 as required by law or any court, governmental body, or regulatory authority of competent jurisdiction

and shall not use any such information other than in relation to the Purpose or to otherwise exercise your rights or perform your obligations under this agreement.

11.15 Any timescales for the provision of Credit Reference Reports shall be estimates only and we shall not be liable for any failure for such being provided within the appropriate timescale.

12 Other Service

Utility Services

12.1 As part of our Services, we may introduce landlord users and tenant users to a third party supplier (Utility Provider) for (but not limited to) their gas supply, electricity supply, water supply, tv licence, internet and/or television-related packages (the Utility Services) to a property

12.2 Landlord users shall have the option to opt in to have the Utility Services presented to their tenants, except for those Landlord users on our Basic Operations Plan who shall be deemed to have opted in to have the Utility Services presented to their tenants.

12.3 A tenant user shall have the option to sign up to have one or more of the Utility Services to be supplied by the Utility Provider.

12.4 By selecting one or more of the Utility Services supplied by a Utility Provider, as a tenant user you agree and expressly consent to us sharing your personal data with the relevant Utility Provider strictly for the purposes of providing the Utility Services. This includes (but is not limited to) your contact details which consist of your name, email address, telephone number and tenancy address.

12.5 For the avoidance of doubt, the contract for the supply of the Utility Services is between you and the Utility Provider. We are not party to the contract and we do not have any rights or obligations under your supply contract. Our role is that of an introduction agent to that Utility Provider only and we have no authority or ability to negotiate or vary the Utility Services or enter into a contract on behalf of the Utility Provider.

12.6 We do not offer utility comparisons and make no warranty as to whether the tariff with any Utility Provider is the most suitable tariff for you. It is your responsibility to consider the options available and we accept no liability to you whatsoever if there is a more suitable tariff available.

12.7 Our liability to you is limited as per clause 18 and 19.

12.8 With regards to the information available to you from the Utility Provider on our portal, we simply publish information provided to us by the Utility Provider. We offer no representations or warranties as to its accuracy, and accept no liability to you whatsoever if the information published by us proves to be inaccurate and you rely on it.

Clauses 12.9 - 12.12 (inclusive) shall apply to landlord users who have signed up to Concurrent Pro, Business or Enterprise subscription plans

12.9 We may (at our absolute discretion) provide a share of any commission (at an amount to be determined by us at our absolute discretion) received by us from any Utility Provider in relation to each tenant user who has signed up to have their Utility Services supplied by the Utility Provider (Commission).

12.10 For the avoidance of any doubt, Commission will only be payable where (i) we have received payment of a commission from the relevant Utility Provider and (ii) all tenant users in relation to a property have signed up to have Utility Services supplied by that Utility Provider and the respective start date of the tenancy within the tenancy agreement has commenced.

12.11 Subject to the conditions in 12.10 being met, Commission will be paid inclusive of VAT and not more than 60 days after the later of the tenancy start date of the tenant and the date they entered into a contract for the supply of Utility Services for which Commission is payable.

12.12 Landlord users agree to repay any Commission in the event that one or more tenant user cancels the supply of Utility Services within their cancellation period, which starts from the day the tenant user enters into a contract for the supply of Utility Services from the Utility Provider and ends 14 days later.

Clauses 12.13 only applies to tenant users that have chosen to use the Rent Reporting service.

12.13 Rent Reporting

12.13.1 The regulated consumer credit reference agencies in the UK (“CRAs”): Equifax Ltd, Experian Ltd and TransUnion International UK Ltd

12.13.2 You consent to the sharing of your rent payment Transaction Data with the CRAs. By giving this consent, not only will we be able to work with you more closely to manage your existing tenancy agreement, your track record as a tenant will enable the CRAs to use the information supplied to them in the future to assist other landlords and organisations to:

• assess and manage any new tenancy agreements you may enter into;
• assess your financial standing to provide you with suitable products and services;
• manage any accounts that You may already hold, for example reviewing suitable products or adjusting your current product in light of your current circumstances;
• contact you in relation to any accounts you may have and recovering debts that you may owe;
• verifying your identity, age and address, to help other organisations make decisions about the services they offer;
• help prevent crime, fraud and money laundering;
• screen marketing offers, where you have an existing relationship with a company, to make sure they are appropriate to your circumstances;
• for CRAs to undertake statistical analysis, analytics and profiling,
• and for CRAs to conduct system and product testing and database processing activities, such as data loading, data matching and data linkage.

12.13.3 If you would like to see more information on these, and to understand how the credit reference agencies each use and share rental data as bureau data (including the legitimate interests each pursues) this information is provided in these links: www.equifax.co.uk/crain, www.experian.co.uk/crain, www.transunion.co.uk/crain (Credit Reference Agency Information Notice (CRAIN)). (For a paper copy, please get in touch with us or with the relevant CRA).

12.13.4 We will continue to exchange information about you with Experian while you have a relationship with us. We will also inform Experian when your tenancy has ended and if you have outstanding rental arrears Experian will record this outstanding debt. Experian will hold your rental data for the time limits explained in CRAIN (section 7). Rental data falls into the Identifiers (e.g. your name, address, date of birth) and financial account categories (i.e. tenancy account, rental payment information).

We and Experian will ensure that your information is treated in accordance with UK data protection law, so you can have peace of mind that it will be kept secure and confidential and your information will not be used for prospect marketing purposes.

If you would like advice on how to improve your credit history you can access independent and impartial advice from www.moneyadviceservice.org.uk (you can get a copy of your Statutory Credit Report by visiting www.experian.co.uk/consumer/statutory-report).

If you are unhappy with anything relating to Rental Exchange, please contact us on the contact details above. You also have the ability to get in touch with the Information Commissioner’s Office. More information about this can be found using this link here: https://ico.org.uk/concerns/.

13 Your obligations

13.1 You shall:

13.1.1 ensure that any information and/or documentation you provide to us and/or any landlord user, tenant user and/or guarantor user is complete, accurate and not misleading;

13.1.2 co-operate with us and any landlord user, tenant user and guarantor user in all matters relating to the Services; an

13.1.3 provide us with such information, documents and materials as we and/or any landlord user, tenant user and/or guarantor user may reasonably require in connection with the Services and ensure that such information is accurate in all material respects.

13.2 If the performance of any of our obligations under the User Agreement is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Default):

13.2.1 we shall, without limiting our other rights or remedies, have the right to suspend performance of the Services until you remedy the Default, and rely on the Default to relieve us from the performance of any of our obligations to the extent the Default prevents or delays our performance of any of our obligations; and

13.2.2 we shall not be liable for any costs, expenses or losses sustained or incurred by you arising directly or indirectly from your failure or delay to perform any of your obligations as set out in this clause 13 or otherwise in this agreement.

13.3 It is your responsibility to check the accuracy of any material submitted to us on the Site and we assume no responsibility for any errors whatsoever.

Clauses 13.4 to 13.5 only apply if you are a landlord user.

13.4 For the duration of the Term you grants to us a royalty free, non-exclusive licence to use, publish and reproduce your name, logo, trade marks, brands and any other intellectual property rights to the extent necessary to enable us to comply with our obligations under the Contract.

13.5 You undertake to us that you will, without prejudice to any other right of action which we may have, at all times keep us fully and effectively indemnified against any liability (which liability shall include, without limitation, all losses, costs, claims, demands, actions, damages, legal and other professional fees and expenses on a full indemnity basis) which we may suffer or incur as a result of the publication on the website of any material submitted to us by you, the infringement of any intellectual property rights of any third party, or by reason of any breach or non-fulfilment of any of the your obligations in respect of the Contract.

14 Our rights and obligations

14.1 We may revise these Terms from time to time.

14.2 Every time you sign up for the Services, the Terms in force at that time will apply to the User Agreement between you and us.

14.3 We shall use reasonable commercial efforts to maintain the availability of our site at all times.

14.4 We warrant that the Services will be provided with reasonable care and skill.

15 Your consumer right of return and refund

Clause 15 only applies if you are a consumer.

15.1 If you are a consumer, you have a legal right to cancel the User Agreement during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive the Services, you can notify us of your decision to cancel the User Agreement and receive a refund of the Fees that you have paid for Services not yet received.

15.2 Services are deemed to have been received in the following circumstances (in respect of the different products/services on our site listed below):

• StuRents Marketing subscriptions are deemed to be received when the subscription period has commenced. Subscription periods will either commence from the first calendar day of the purchased month(s) or will commence immediately if a pro rata subscription has been purchased for the remainder of the current month.
• Services for deposit protections carried-out through Concurrent are deemed to have been received when the Deposit Protection Certificate ID has been generated.
• Services for rent, tenant fee and deposit collections are deemed to have been received when the associated payment collection process has been initiated.
• Verification payments made as a tenant user or guarantor user at the point of signing an AST or Licence are deemed to have been received when you have submitted your signature through the platform. Payments made as a tenant user in relation to a deposit or admin fee requested from you by a landlord user are subject to the refund terms contained within the AST or Licence you are party to.
• Credit Reference Reports are deemed to have been received once the associated AST to which the Credit Reference Reports relate has been submitted to tenant users

15.3 Your legal right to cancel the User Agreement starts with the day the User Agreement is formed. The deadline for cancelling the User Agreement expires after 14 days from the day of the conclusion of the User Agreement. However, once we have completed the Services you cannot change your mind, even if this period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.

15.4 To cancel a User Agreement, you just need to let us know. You can do this by using any of the methods of communication set out in clause 21 or by completing the cancellation form attached to these Terms. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail. For example, you will have given us notice in time as long as you e-mail us before midnight on that day.

15.5 If you cancel this User Agreement, we will reimburse to you all Fees paid by you for Services not yet provided. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel.

15.6 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.

15.7 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. These legal rights are not affected by your right of return and refund in this clause 15. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

15.8 Your right to change your mind in accordance with this clause 15 only applies to Services provided by us to you. It does not apply to any AST that you enter into or any rent, deposits, fees or any other payments made by you to a landlord user in accordance with any AST.

16 Fees

16.1 The Fees (if applicable) will be as quoted on our site from time to time or as notified by us to you in writing from time to time.

16.2 We take all reasonable care to ensure that the Fees are correct at the time when the relevant information was entered onto the system or provided to you. However if we discover an error in the Fees please see clause 16.5 for what happens in this event.

16.3 Fees may change from time to time, but changes will not affect any order which we have confirmed with an E-mail Confirmation

16.4 The Fees are exclusive of VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in VAT takes effect.

16.5 It is always possible that, despite our reasonable efforts, some of the Fees as quoted on our site may be incorrect. If we discover an error in the Fees quoted on our site once you have ordered we will inform you (by e-mail) of this error and we will give you the option of continuing to purchase the Services at the correct Fee or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you by e-mail. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price.

16.6 You may be able to pay the some Fees by direct debit, subject to separate agreement with us.

16.7 Unless otherwise agreed in writing, payment of the Fees for the Services is in advance of the Services being provided.

Clauses 16.8 to 16.11 only apply if you are a tenant user.

16.8 If you are a tenant user you will be required to pay a fee, as stipulated on our site from time to time or as otherwise agreed in writing between us, at the time you sign an AST or Licence (as applicable) (Tenant Fee).

16.9 You may pay the Tenant Fee using a debit card or any other method agreed by us in writing. The following card types are accepted for payment: Visa, MasterCard and Maestro.

16.10 We will not charge your debit card until we send to you the Order Confirmation.

16.11 If you use a corporate card we reserve the right to impose an additional charge for processing the payment.

Clauses 16.12 to 16.15 only apply if you are a landlord user

16.12 If you are a landlord user, you will be required to pay a fee, as stipulated on our site from time to time or as otherwise agreed in writing between us:

16.12.1 at the time your order a Credit Reference Report; and

16.12.2 at the time you sign an AST or Licence (as applicable) (Landlord Fees).

16.13 You may pay the Landlord Fees using a debit card or any other method agreed by us in writing. The following card types are accepted for payment: Visa, MasterCard and Maestro.

16.14 We will not charge your debit card or corporate card until we send to you the Order Confirmation.

16.15 If you use a corporate card we reserve the right to impose an additional charge for processing the payment.

Clauses 15.16 to 15.19 only apply if you are a guarantor user

16.16 If you are a guarantor user, you will be required to pay a fee, as stipulated on our site from time to time or as otherwise agreed in writing between us, at the time you sign an AST or Licence (as applicable) (Guarantor Fee).

16.17 You may pay the Guarantor Fee using a debit card or any other method agreed by us in writing. The following card types are accepted for payment: Visa, MasterCard and Maestro.

16.18 We will not charge your debit card or corporate card until we send to you the Order Confirmation.

16.19 If you use a corporate card we reserve the right to impose an additional charge for processing the payment.

17. Termination

Without prejudice to any right or remedy it may have either party may terminate the Contract at any time in writing to the other party (‘Other Party’), such notice to take effect as specified in the notice:

• • If the Other Party is in breach of any of these Terms (or any of the documents referred to in them) and, in the case of a breach capable of remedy, the breach is not remedied within 30 days of the Other Party receiving notice specifying the breach and requiring it to be remedied; or
• If the Other Party becomes insolvent, or if an order is made or a resolution is passed for the winding up of the Other Party (other than voluntarily for the purpose of solvent amalgamation or reconstruction), or if an administrator, administrative receiver or receiver is appointed in respect of the whole or any part of the Other Party’s assets or business, or if the Other Party makes any composition with its creditors or takes or suffers any similar or analogous action in consequence of debt.

18 Our liability if you are a business

Clause 18 only applies if you are a landlord user.

18.1 We only supply the Services for internal use by your business.

18.2 Nothing in these Terms limits or excludes our liability for:

18.2.1 death or personal injury caused by our negligence;

18.2.2 fraud or fraudulent misrepresentation;

18.2.3 defective products under the Consumer Protection Act 1987; or

18.2.4 any other liability which cannot lawfully be excluded or limited.

18.3 We shall not be liable to you arising under or in connection with the Credit Reference Service, the Credit Reference Report (including if you are the subject of such report), or any act, inaction, matter, or omission arising out of your reliance on the information contained in the Credit Reference Report.

18.4 Subject to clause 17.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the User Agreement for:

• any loss of profits, sales, business, or revenue;
• loss or corruption of data, information or software;
• loss of business opportunity;
• loss of anticipated savings;
• loss of goodwill;
• any indirect or consequential ; or
• any matter arising under or in connection with:
• the Credit Reference Service;
• the Credit Reference Report (including if you are the subject of such report); or
• the Utility Services; or
• any act, inaction, matter, or omission arising out of your reliance on the information contained in the Credit Reference Report.

18.5 Subject to clauses 18.2, 18.3 and 18.4, our total liability to you in respect of all other losses arising under or in connection with the User Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount you have paid to us for the Services.

18.6 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.

18.7 Without limiting the generality of clause 18.5, in particular:

18.7.1 we do not warrant, represent or undertake that any AST, Licence or other agreement entered into through our site or in connection with the Services will constitute a valid and legally binding agreement between the parties thereto; and

18.7.2 regardless of its source (including if provided by us), we do not assume any responsibility for any AST, Licence or other agreement which you enter into and we give no warranties, representations, assurances or undertakings in this regard. We strongly recommend that you take appropriate professional or other advice (including legal advice) on the form of AST, Licence or other agreement before you enter into it (as the case may be).

19 Our liability if you are a consumer

Clause 19 only applies if you are a consumer.

19.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the User Agreement.

19.2 We will not, for the avoidance of doubt, be liable for any damages or loss you suffer arising out of or in relation to the payment of rent or such other sums pursuant to an AST or Licence, save for where such losses arise directly out of our negligence.

19.3 We only supply the Services for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

19.4 We do not in any way exclude or limit our liability for:

19.4.1 death or personal injury caused by our negligence;

19.4.2 fraud or fraudulent misrepresentation;

19.4.3 any liability that cannot be excluded or limited by law.

19.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.

19.6 Without limiting the generality of clause 19.4, in particular:

19.6.1 we do not warrant, represent or undertake that any AST, Licence or other agreement entered into through our site or in connection with the Services will constitute a valid and legally binding agreement between the parties thereto;

19.6.2 we do not make any warranty, representation, or undertaking in relation to the collection or payment of rent or other payments in relation to an AST or Licence; and

19.6.3 regardless of its source (including if provided by us), we do not assume any responsibility for any AST, Licence or other agreement which you enter into and we give no warranties, representations, assurances or undertakings in this regard. We strongly recommend that you take appropriate professional or other advice (including legal advice) on the form of AST, Licence or other agreement before you enter into it (as the case may be).

20 Events outside our control

20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a User Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 20.2.

20.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

20.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a User Agreement:

20.3.1 we will contact you as soon as reasonably possible to notify you; and

20.3.2 our obligations under a User Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

21 Communications between us/ Contacting us

21.1 When we refer, in these Terms, to "in writing", this will include e-mail.

21.2 If you are a consumer:

21.2.1 To cancel a User Agreement you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form set out at the end of these Terms. If you use this method we will e-mail you to confirm we have received your cancellation. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail.

21.2.2 If you wish to contact us in writing for any other reason, you can do this by submitting a support request when logged in.

21.2.3 Complaints. We aim to provide a high standard of service. If at any time you would like to discuss with us how we could improve the provision of our services, or you are dissatisfied with the service you have received or have any other complaints with regards to your order or otherwise you should contact us by submitting a support request when logged in.

21.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

21.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

22. Our right to vary these terms

22.1 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

22.2 You will be subject to the policies and Terms in force at the time that you order the Services from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Confirmation Email (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of the Commencement Date).

23 Data Protection

23.1 Your personal information (personal and sensitive data if required) will be processed in accordance with our Privacy Policy

23.2 We are subject to the GDPR and abide by its requirements. We may act as data processor when we do not collect personal data directly from you, but are provided with it by a property manager, guarantor, supplier, other tenant in your party, or other third party (as stated in our Privacy Policy). The following clauses 23.3-23.5 apply to our capacity as processor.

23.3. We will process any personal data provided in our processor capacity, only on the written instructions of the property manager unless we are required by applicable laws to otherwise process that personal data relating to your tenants. Where we are relying on laws of a member of the EU or EU law as the basis for processing personal data, we shall promptly notify the property manager of this before performing the processing required;

23.4 We will ensure, in both our controller and processor capacities, that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data uploaded to our site on another's behalf, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

23.5 Ensure that staff who have access to and/or process personal data:

23.5.1 are obliged to keep the data confidential; and

23.5.2 do not transfer any personal data outside of the European Economic Area unless we can rely upon one of the conditions detailed in the Privacy Policy;

23.5.3 will comply with reasonable instructions (in accordance with these terms and conditions) notified to us in advance with respect to the processing of the personal data;

23.5.4 assist you as property manager, at your cost, in responding to any request from a data subject (tenant) and in ensuring compliance with your obligations under the General Data Protection Regulation (GDPR) ((EU) 2016/679) and any other directly applicable EU regulation relating to privacy with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

23.5.5 notify you without undue delay on becoming aware of a data breach;

23.5.6 at your written direction, delete or return personal data and copies thereof to you on termination of the agreement unless required by law to store the personal data; and

23.5.7 maintain complete and accurate records and information to demonstrate our compliance with GDPR.

23.6 The personal data that we receive from you in either of our capacities is used to provide a tenancy, advertising and payment platform and otherwise provide a service to you as per our Privacy Policy.

23.7 You have the right to withdraw your consent to us processing your personal data (where we rely on this condition for doing so) by contacting dataprotection@sturents.com. Please see our Privacy and Cookie Policy for the conditions we rely upon for processing your personal data.

23.4 All of our tenant, landlord and guarantor records are treated as private and confidential and we therefore reserve the right to give you copies of your records if you request them. If you want sight of your records please send a request to dataprotection@sturents.com.

24 Other important terms

24.1 We may transfer our rights and obligations under a User Agreement to another organisation, but this will not affect your rights or our obligations under these Terms.

24.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

24.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

24.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

24.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Clause 24.6 only applies if you are a tenant user or a guarantor user.

24.6 Please note that these Terms are governed by English law. This means a User Agreement for the purchase of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to 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.

Clauses 24.7 and 24.11 only apply if you are a landlord user.

24.7 These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

24.8 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms.

24.9 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.

24.10 These Terms are governed by English law. This means that a User 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), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

24.11 We will not file a copy of the User Agreement between us.

Model cancellation form

To: StuRents Limited of Unit 602, 164-180 Union Street, London, SE1 0LH I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service[*], Ordered on [*]/received on [*], Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if this form is notified on paper): Date: [*] Delete as appropriate.