Website Terms and Conditions

General Terms and Conditions

These are the "Terms and Conditions" which includes our Privacy Policy under which you may use the mightyhouse.co.uk website which trades under the name “Mighty House”. They are collectively referred to as “these” or “our” Terms and Conditions”. If you do not accept the Terms and Conditions stated here, do not use this website and service. By using this website, you are indicating your acceptance to be bound by the terms of these Terms and Conditions.

“Mighty House” is a trading name of P&PC Chartered Surveyors Ltd and is hereinafter referred to as “Mighty House” or “us” or “we”.

The terms "you" or “your” as used herein refer to all individuals and/or entities accessing this website for any reason.

In purchasing our services/agreeing to these terms, you authorise Mighty House to advertise details including, without limitation, the address of the property, it’s asking price, photographs or plans of the property on the Mightyhouse.co.uk website, other websites advertising the sale of properties and any other mediums as Mighty House deems in it’s sole discretion reasonable in order to achieve a sale of the property.

We advise that you should print and keep a copy of these terms (if possible). They are a legal agreement between us and can only be modified with our consent. We may change these terms at our discretion and will publicise the latest version on our website. The current version of these terms will always apply at the time you commit to use our services.

You must immediately notify us of any changes to your name, address or e-mail address previously supplied to us, by sending us e-mail an email to enquiries@mightyhouse.co.uk or contacting us at 83 Bowerham Road, Lancaster, LA1 4AQ, calling us at the above telephone number or writing to us at 83 Bowerham Road, Lancaster, LA1 4AQ.

The Information may contain inaccuracies or typographical errors. Mighty House makes no representations about the accuracy, reliability, completeness, or timeliness of the website or the Information. The use of the website and the Information is at your own risk. Changes are periodically made to the website and may be made at any time.

You may download and print extracts from the Information and make copies of these for your own personal use only. You are not allowed to download or print the Information, or extracts from it, in a systematic or regular manner so as to create a database in electronic or paper form comprising all or part of the material appearing on the mightyhouse.co.uk website.

The website is copyright protected. You must not attempt to decipher, de-compile, disassemble or reverse engineer any of the software comprising any part of the website.

You must not reproduce any part of the mightyhouse.co.uk website, or the Information or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so in writing.

Use of information appearing on mightyhouse.co.uk website: For the purposes of this agreement, "Information" means information including, without limitation, text, graphics, video or sound material, published on mightyhouse.co.uk website, whether copyright of mightyhouse.co.uk or a third party.

Disclaimer of liability: In no event shall Mighty House, its suppliers or any third parties mentioned on the website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption), as a result of your doing, or not doing, anything as a result of viewing, reading the Information or any part of it or as a result of your inability to use the website or the Information, whether based on warranty, contract, tort, or any other legal theory.

You can access other sites via links from the Mighty House website. These sites are not under our control and we are not responsible in any way for any of their contents.

We give no warranties of any kind concerning the Mighty House website or the Information. In particular, we do not warrant that the Mighty House website or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything, which has destructive properties.

Whilst we take all reasonable care to ensure accuracy of all property descriptions and all other Information contained in the website, these do not constitute an offer or contract. No responsibility is taken for any error, omission or mistake. The descriptions are not intended to be relied upon. Visitors to the website and those wishing to use our services are strongly advised to check the relevant details with housesimple.co.uk.

Mighty House can be contacted at 83 Bowerham Road, Lancaster, LA1 4AQ. Tel: 01524 548888 Fax: 01924 950100. Email: enquiries@mightyhouse.co.uk www.mightyhouse.co.uk

Privacy Policy:

Might House is committed to protecting the privacy of our site visitors. We do not share information about individuals with others, unless you ask us to do so or where we have indicated that we will forward your details to our partners.

We may, however, share aggregated statistics about our website, visitors, sales, traffic patterns and other related information, but these statistics will not include any personal information.

We collect the e-mail addresses of those communicating with us via e-mail, aggregate information on what pages are accessed or visited and other information volunteered.

The information we collect is used to improve the content of our website, used to notify you about updates to our website and used by us to contact you for marketing purposes unless you have specifically asked us not to. If you do not want to receive such contact from us in the future, please inform us.

You may receive periodic mailings with information on new services or upcoming events relating to the property market. If you do not wish to receive such mailings, please contact us.

You may prevent your information from being used for purposes other than those for which it was originally collected by contacting us.

Upon request we provide site visitors with access to information that we have collected and that we maintain about them. You can access the information we hold on you by contacting us.

Your Details: The only personal information we will have is that which you have voluntarily chosen to disclose e.g. by filling out an on-line enquiry form. Any personal information collected (e.g. name, email address) is used solely in connection with informing you about our own products/services.

We are the sole owner of information collected on this site. With regards to your personal information, we do not sell, rent, loan, or give access to, any other individual or organisation.

Website Risks: Because of the potential risks that are associated with the internet, we cannot completely guarantee the protection of your personal information, and therefore cannot be held liable for any harm resulting from a breach of security.

Payments (Credit/Debit card)

Credit and Debit Cards are accepted for the payment of products and services purchased through our website and additional add on products such as EPC’s

Ensure that you read and understand the terms and conditions fully before making an online payment

By using the company’s online payments facility you have accepted our terms of use

Mighty House cannot accept liability if the payment is refused or declined by the debit or credit card supplier. The company has no control over acceptance of card payments and refusal of payment should be taken up with your card supplier.

The company provides a secure online payments facility (fully managed to level 1 approval in line with the payment card industry (PCI) requirements). When you click on the link to make a payment you will be directed to a fully hosted secure managed environment hosted by eWAY. Any information that you send will be fully (256-bit) encrypted.

Mighty House does not hold any card details on any of it’s servers or within it’s infrastructure. Mighty House does not have access to any of your card details.

Termination

Either Mighty House or you may terminate your Account with one months notice. If we terminate your Account, you will be notified by email and an explanation for the termination will be provided.

Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

We reserve the right to cancel orders or payments at any time prior to processing payment or commencing Services provision.

If we terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

In the event that you wish to terminate the Services after a suitable Tenant has been found for the Property, following referencing, you will remain liable for the fees incurred for obtaining references.

Without prejudice to the above this Agreement may be terminated immediately where any of the following circumstances arise:

  • a. either Party commits a serious breach or persistent breaches of this agreement including, but not limited to, the non-performance, neglect or default of any of his duties as outlined herein (including a failure on the part of the Landlord to make payment within agreed timescales) and after notice of this breach has been given to the defaulting Party it remains un-remedied and unrectified 30 days after such notice;
  • b. either Party becomes insolvent or enters into a CVA or IVA or ceases to trade.
  • c. Upon termination of this agreement outstanding payments in respect of Services provided by us shall become immediately due for payment.

Our refunds policy

If you cancel the services you have entered in to through mightyhouse.co.uk:

  • a. within the seven-day cooling-off period (the 7 day period immediately after purchasing the product through mightyhouse.co.uk) we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Service in full EXCEPT where we have already commenced providing the Services.
  • b. for any other reason we will examine the Service provided and will notify you of your refund (if any) via e-mail within a reasonable period of time. Mighty House enters into legally binding contracts with third-party organisations to deliver Services, therefore no automatic refund rights exist. You undertake to ensure that the decision to order and use our Services has been fully considered and we reserve the right to issue a refund at our sole discretion. If we do issue a refund, we will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Service in full.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

The Goods and Services offered by us is intended for owning landlords. Therefore if we discover you are either a letting agent or an estate agent your account will be cancelled and you will not be entitled to a refund.

Your obligations:

You must ensure that all information provided in respect of the property complies with the Property Misdescription Act 1991 and is not misleading or inaccurate. It is the Landlord's responsibility to check the descriptions of the property in the form provided by Mighty House and on other relevant marketing material and notify Mighty House of any amendments required. The Landlord shall indemnify Mighty House and any other associated parties against any claim made in respect of any misdescription that arises out of the Landlord's failure to adhere to this condition. Any alteration including removal of your listing can be done by emailing enquiries@mightyhouse.co.uk who will make the changes that you requested within 48 hours.

You must ensure your property has an Energy Performance Certificate ("EPC”) before your property details are entered onto our Site, unless you provide us with evidence that this has been ordered or you have purchased this through Mighty House. You agree that you understand your legal requirements in regards to Energy Performance Certificate. Should you wish Mighty House to complete the EPC for you, please order through our website and we will arrange for this to be completed for you. If you already have an EPC you will need to provide us with a copy. If we have to remove your advert after 21 days of no EPC or no proof of ordering an EPC to be completed, no refund for marketing will be issued

Where the property has a gas supply, you must ensure you have a Gas Safety Certificate (“GSC”) before your property details are entered onto our Site. However, should you wish Mighty House to complete the GSC for you, please order through our website and we will arrange for this to be completed for you. If you already have a GSC you will need to provide us with a copy.

Please note we do not carry out any EPC or GSC visits ourselves and merely act as an agent for the EPC or GSC sub-contractor. Any work carried out by the EPC or GSC sub-contractor will be concluded on the EPC/GSC sub-contractor’s Terms and Conditions and we do not accept any liability for sub-standard work or any losses in connection with this work.

You must ensure that any property that currently has tenants living in it have been provided with appropriate and reasonable notice as prescribed by law of the appointment unless other arrangements have been agreed with the occupying tenant. You agree to accompany all viewings where there is an existing Tenant, unless otherwise agreed by the existing tenant

Warranties (i.e customer has capacity/legal permission to enter into agreemen): You hereby warrant and covenant that:

  • You have the necessary authority power and capacity to enter into these terms and conditions and
  • You are either the beneficial owner of the property or have the authority from the beneficial owner to sell or let the property on these terms

For sale and To Let Boards:

For sale and To Let boards are supplied, erected and removed by a third-party. Any losses caused to a third-party or property by the letting board is your responsibility and we are not liable for any damage caused. For Sale and To Let boards are purchased as extras as part of purchasing any of our packages.

Our nominated supplier of the For Sale and To Let boards will only be able to erect a board where, in their sole discretion, they deem it safe to do so. It is your responsibility to make sure that a For Sale or To Let board can be erected at the property. We do not guarantee that a refund for the For Sale or To Let sign will be issued if access does not allow the board to be erected.

Energy Performance Certificate: An energy performance certificate must now be ordered for all properties to be marketed for sale or let. Mighty House can only market your home or property after the EPC has been ordered. The cost of the EPC is non refundable once ordered verbally or electronically.

Money Laundering Regulations: Mighty House is fully compliant with the Money Laundering Act 2009 and from time to time we may require a copy of your passport, driving license or relevant numbers in order to ensure that we comply with this act

Distance selling regulations: Clause 8(3) of the Consumer Protection (Distance Selling) Regulations 2000 states that the statutory cancellation (cooling off period) of seven working days for services, does not apply where performance of that service has already commenced with the customer’s agreement

Terms for Sellers and Landlords

Under/by choosing any of the packages/services offered by or through Mighty House you agree to provide such information as required in the online forms and will use your best endeavours to help verify any of the information given. Where property details are provided to form the basis of an advertisement, in order to ensure that neither Mighty House or you become involved in any legal action for miss describing a property, We reserves the right not to publish any information provided by you

We will share the property details to be marketed with you, and you must check the details and advise Mighty House of any inaccuracies. Any material changes that you wishes to make post instruction must be notified to the company for approval. We will make any approved changes to the property advert.

You are reminded that it is an offence under the Property Misdescriptions Act 1991 to make false or misleading statements about the Property. This applies whether a statement is made orally or in writing, by pictures or by any other method. Mighty House accepts no responsibility for any such breaches.

You shall indemnify Mighty House, it’s directors, employees and agents against any claim made in respect of the property or any miss description thereof that arises wholly or partially out of any act or omission by you.

You shall inform Mighty House immediately of any material changes in information provided on the Seller’s or Landlords Enquiry Form

Any offers received or accepted directly from a buyer must be communicated directly to Mighty House

It is the responsibility of the vendor to make the company aware of any existing estate agent contractual obligations that they may be subject to. Vendors that are subject to an existing sole agency contract are required to change the contract to a joint or multiple agency agreement or give notice according to the terms of the contract if they wish to market their property with the Mighty House. Vendors who do not disclose to the company existing contractual obligations may be required to pay fees to any other estate agent that they are subject to a contract with upon the sale or letting of the property advertised through Mighty House.

Under (any of our packages) you shall inform Mighty House immediately of any material changes in information previous provided or approved

Terms specific to Sellers:

Fees:

By choosing “Self Upload”: you agree to pay a monthly fee which we will collect from the card that your first months payment was made from. By choosing this option, you authorise us to take these payments each month without further request from you until you notify us in writing or by email that you no longer wish us to advertise your property for sale.

A minimum fee of three months payments is required. Therefore if you request that you no longer wish us to market your property for sale within 1 month of completing the online upload of your property details, you will still be liable for two further months payments and authorize us to take payment immediately thereafter.

Upon termination of this agreement at any time by you within the first 3 months, subject to the terms relating to the 7 day cooling off period contained in our refund policy, a minimum of 3 months payments becomes immediately due.

No refund is issued for part of a monthly fee on termination of this agreement.

By choosing our “Sellers Package”: you agree to pay an upfront fee and once we have verified the property details are accurate, we will advertise your property for a period of nine months.

If your property has not been sold at the end of that period, you can opt to pay for additional months marketing for a cost of £60 plus VAT per month.

By choosing our “Premium Package”: you agree to pay an initial fee upon completion of the application form and a further fee on completion of the sale of your property. The agreed fee is to be paid out of the completion monies relating to the property prior to any other disbursements, save those of the solicitor’s or conveyancer’s fees. Settlement of Might House’s account shall be made on your behalf by your solicitor or conveyancer and Mighty House shall be entitled to seek such settlement from them. Your solicitor or conveyancer is to settle Mighty House’s account in accordance with these Terms and Conditions.

In the default of the appointment of a solicitor or conveyancer, or the payment of the fee by the solicitor or conveyancer to Mighty House, you agree to pay the Fee directly to Mighty House on the date the property sale completes.

If a purchaser is introduced to you by Mighty House and an offer from the purchaser is accepted and you subsequently withdraw from the sale before the exchange of contracts for whatever reason the fees will be payable in full as if the property sale had completed.

Mighty House retains the right to charge interest on any amounts remaining unpaid for more than 10 days after the date fees become due at a rate of 3% (three percent) per annum above the base rate of Barclays Bank PLC until payment is made in full, both before and after any judgment.

The fees payable by you to Might House under these Terms and Conditions are stated exclusive of VAT which is payable at the prevailing lawful rate. A home visit signifies the commencement of our services and the standard cooling off period does not apply as per clause 8(3) of the Distance Selling Regulations.

Terms and Conditions specific to Landlords:

Fees:

By choosing our “Local Package”: you agree to pay a one off fee for us to advertise your property to let on our website for up to 6 months.

If you request that we cease advertising your property and then wish to re-advertise it then the fee is payable again. Once you have requested Mighty House cease marketing your property, this agreement to market your property terminates.

By choosing our “UK Wide Package”: we advertise your property on our own website as well as all the UK’s major property letting portals including the main two – Rightmove and Zoopla.

If you request that we cease advertising your property and then wish to re-advertise it then the fee is payable again. Once you have requested Mighty House cease marketing your property, this agreement to market your property terminates.

The "UK Wide Package" and the "Local Package" are limited to letting properties as a whole. PLEASE NOTE THAT IN LANCASTER ONLY WE DO NOT OFFER THIS PACKAGE FOR STUDENT HOUSES. WE STILL OFFER THIS PACKAGE FOR STUDENT HOUSES IN OTHER TOWNS. If renting out rooms in a house individually then a seaprate fee must be paid for each individual room advertised. This fee only applies to marketing and finding a tenant(s) for 1 room.

VAT: All prices quoted on this website are subject to VAT at the prevailing rate.

Purchasing Optional Extras: The payment for the Landlords gas safety certificate permits a maximum of 2 gas appliances to be included within the certificate provided there is only 1 central heating boiler. If there are more items to be serviced or more than 1 central heating boiler, please contact us and we can take payment for the additional items over the phone. The cost of an additional appliance such as gas fire or gas hob is £15.00. The cost of a second boiler is £30.00.

PLEASE NOTE THAT THERE IS AN ADDITIONAL CHARGE OF £25 PLUS VAT FOR PROVIDING GAS CERTIFICATES FOR THE FIRST 2 APPLIANCES FOR PROPERTIES WITHIN THE M25. Simply because they cost us more!

Updates to our Terms and Conditions: As soon as we make any amendments to our Terms and Conditions they will be displayed on this page.

Variations These Terms and Conditions may be varied from time to time. Please ensure that you review these Terms and Conditions regularly as you will be deemed to have accepted a variation if you continue to use the site after it has been posted.

Jurisdiction: This agreement is governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

If you have any questions regarding these Terms and Conditions, please contact us.

I/We Confirm that I/We have read, understood agreed and accept these terms and conditions as set out above