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Terms & Conditions

BACKGROUND:

This agreement applies as between you, the User of this Web Site and Polar Property Services, the owner(s) of this Web Site.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and has been commissioned or its on its way to you.

IMPORTANT NOTE:

In registering with Polar Property Services or by ticking the acceptance box of the relevant terms and conditions you, the User, agree that you fully understand these terms and conditions. You are confirming you are a Private Landlord who is looking to use our services to find a Tenant and not acting as a Letting Agent, Estate Agent or acting as a Managing Agent. You are confirming that you fully understand that if you are found to be a Letting Agent, Estate Agent or acting as a Managing Agent that your account will be closed and all properties posted on the portals will be removed. If you are found to be a Letting Agent, Estate Agent or acting as a Managing Agent you accept that you will not be entitled to any compensation or refunds of any services purchased. If it is found that you are a Letting Agent, Estate Agent or acting as a Managing Agent you accept you will have no grounds for complaint and accept Polar Properties Services management decision on closing your account.

You fully understand our service and it is acceptable for your requirements.

1.  Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

 

“Account”

means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;

“Content”

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Polar Property Services”

means Polar Property Services

“Service”

means collectively any online facilities, tools, services or information that Polar Property Services makes available through the Web Site either now or in the future;

“Services”

means the services available to you through this Web Site, specifically  

Listing a Room or Property To Let, Inventory, Tenant Referencing Service, Deposit and Rent Collection, To Let Board, Repairs and Maintenance, Gas Safety Certificate, Gas Boiler Service, Electrical Safety Inspection, Electrical Installation Condition Report, Photographs, Floor Plans, Energy Performance Certificate, Deed of Guarantor Form and any other services you may purchase or download, including free documents or where Polar Property Services have engaged a third party to deliver such service.

“Payment Information”

means any details required for the purchase of Services from this Web Site.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Purchase Information”

means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;

“Premises”

Means our place(s) of business located at 41 Chappell Road, Manchester M43 7WA

“System”

means any online communications infrastructure that Polar Property Services makes available through the Web Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

means any third party that accesses the Web Site and is not employed by Polar Property Services and acting in the course of their employment; and any person or business that buys goods or services from this Web Site including Landlord or Tenant;

“Web Site”

means the website that you are currently using www.polarpropertyservices.co.uk  and any sub-domains of this site (e.g. subdomain) unless expressly excluded by their own terms and conditions.

2.  Age Restrictions

Persons under the age of 18 should use this Web Site only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.

3.  Business Customers

These Terms and Conditions apply to customers procuring Services in the course of business.

4.  Intellectual Property

4.1  Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Polar Property services, our affiliates or other relevant third parties.  By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

4.2  Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Polar Property Services.

5.  Third Party Intellectual Property

5.1  Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

5.2  Subject to (Clause 6 see next clause) you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

6.  Fair Use of Intellectual Property

Material from the Web Site may not be re-used without written permission, from Polar Property Services, where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7.  Links to Other Web Sites

This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of Polar Property Services or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

8.  Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only with prior written permission from Polar Property Services and only to the home page of the site www.PolarPropertyServices.co.uk.  Deep linking (i.e. links to specific pages within the site) requires the express permission of Polar Property Services.  For more information please contact us by email customerservice@polarpropertyservices.co.uk 

9.  Use of Communications Facilities

9.1     When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:

9.1.1  You must not use obscene or vulgar language;

9.1.2  You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

9.1.3   You must not submit Content that is intended to promote or incite violence;

9.1.4   It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

9.1.5    The means by which you identify yourself must not violate these terms of use or any applicable laws;

9.1.6    You must not impersonate other people, particularly employees and representatives of Polar Property Services or our affiliates; and

9.1.7     You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

9.2        You acknowledge that Polar Property Services reserves the right to monitor any and all communications made to us or using our System.

10.  Accounts

10.1  In order to procure Services on this Web Site and to use the Forums, Blogs, Chat or similar facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase.  By continuing to use this Web Site you represent and warrant that:

10.1.1   all information you submit is accurate and truthful;

10.1.2   you have permission to submit Payment Information where permission may be required; and

10.1.3   you will keep this information accurate and up-to-date.

10.1.4  Your creation of an Account is further affirmation of your representation and warranty.

10.2   It is recommended that you do not share your Account details, particularly your username and password.  Polar Property Services accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

10.3   The User accepts responsibility for all activities that occur under the user ID or password.

10.4   If you have reason to believe that another without consent has obtained your Account details, you should contact Polar Property Services immediately to suspend your Account and to request any unauthorised services to be cancelled. Please be aware that orders or payments can only be cancelled up until provision of Services has been commissioned. In the event that an unauthorised provision has been commissioned prior to your notifying us of the unauthorised nature of the order for services or payment, Polar Property Services accepts no liability or responsibility and you should make contact with the third party service provider detailed in the Purchase Information. Polar Property Services will suspend provision of Services, when possible but give no guarantee, when fraud or unauthorised use of your account has taken place and the withdrawal of any scheduled payments pending investigation.  Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment. If the User believes fraud has taken place then the User will provide proof of the reported crime to the Police and their credit or debit card provider.

10.5    When choosing your user name you are required to adhere to the terms set out above in (Clause 9 ‘Use of Communications Facilities’).  Any failure to do so could result in the suspension and/or deletion of your Account.

11.  Termination and Cancellation

11.1  Either Polar Property Services or you may terminate your Account.  If Polar Property Services terminates 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.

11.2  If Polar Property Services terminates your Account, any current or pending services or payments on your Account will not be cancelled if the service has been commissioned and provision of services will commence.

11.3   Polar Property Services reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.

11.4   If a service is cancelled for any reason prior to a services being commissioned a refunding of any monies paid in relation to those services will be returned.

11.5    If you terminate your Account any non-completed services may still take place if the service has been commissioned, payments will not be cancelled and you will be required to ensure all monies paid in relation to those services are paid in full.

11.6    The User will pay interest on all late payments at a rate of 6% per annum above the base lending rate of Barclays Bank.

11.7     The User agrees to pay Polar Property Services within 14 days of Polar Property Services writing to the user requesting payment of any monies owed for services the user requested by this web site. 

11.8     The User agrees that they are not entitled to withhold any monies due to Polar Property Services.

11.9     If the User has purchased a service i.e.Listing a Room or Property To Let, Inventory, Tenant Referencing Service, Deposit and Rent Collection, To Let Board, Repairs and Maintenance, Gas Safety Certificate, Gas Boiler Service, Electrical Safety Inspection, Electrical Installation Condition Report, Photographs, Floor Plans, Energy Performance Certificate, Deed of Guarantor Form and any other services you may purchase or download, including free documents or where Polar Property Services have engaged a third party to deliver such service we require 14 days notice in writing giving clear instruction to close the account. (See Notices for clear instruction)

11.10    If the User has purchased a (Tenant find service) we required 14 days notice in writing giving clear instruction to close the account. (See Notices for clear instruction)

11.11    If the User has purchased a (Tenant find and rent collection service) we required 60 days notice in writing to close the account giving clear instruction to close your account. (See Notices for clear instruction) This is to allow for a smooth transition for the change of standing order payment from the Tenant to the users new nominated Agent bank account. 

11.12    If the User has purchased a (Full management  service) we would ask you to refer to your Full Management contract and follow the guidelines within. You may also send an enquiry to customerservice(at)polarpropertyservices.co.uk or phone 0844 870 7903

11.13    Please note proof of postage is not proof of receipt that Polar Property Services has received your notice. Polar property Services cannot be held responsible for any notice that has been sent to us and not delivered.

12.  Rent & Deposit Collections

12.1  Once the Tenant has been offered a tenancy a moving in date will be agreed and the Tenant will need to secure the property with a holding fee. The holding fee will ensure that the property is removed from the market. The holding fee will be paid in cleared funds to the Landlord or to Polar Property Services via a debit card. On the day the Assured Shorthold Tenancy agreement is signed the holding fee will be used as funds for the deposit. We cannot accept credit card payments for rent or deposit/holding fees.  Payment via Paypal has a service charge of 3.6%.  We can take your payment over the telephone.

12.2  Should the you/Tenant subsequently decide to withdraw your/their application for the property, or fail to move in on the agreed date, the holding fee will not be refunded and the property will be put back on the market.

12.3  If you/the Tenant subsequently decide to withdraw your/their application for the property, or fail to move in on the agreed date, your/the holding fee will be transferred to the User, Landlords nominated bank account.

12.4  If there is a dispute between the Tenant, User/Landlord then Polar Property Services will retain the funds until such time the dispute has been resolved by the Tenant and User/Landlord.

If the dispute cannot be resolved within 30 days then Polar Property Services terms and conditions shall prevail.

12.5  On paying the holding fee you/the Tenant agree to the terms and conditions of Polar Property Services.

12.6  On receipt of the Tenants deposit in cleared funds Polar Property Services will register the deposit with the Deposit Protection Service (DPS). Once the funds are registered with the DPS the Tenant, Landlord & User accepts that any claims that they have on the deposit is under the terms and conditions of the DPS.

12.7  The Tenant, Landlord & User accepts that Polar Property Services have no liability to repay the deposit to the Tenant, Landlord & User, once the deposit is registered with the DPS, should a claim be made against the deposit.

On receipt of the holding fee in cleared funds by debit card Polar Property Services will send a receipt by email to the Landlord, User and Tenant.

12.8  Once the Tenant has been offered a Tenancy a moving in date will be agreed and the Tenant will need to pay the first months rent. This can be paid to the landlord/User directly or by debit card to Polar Property Services. The date the first rental payment will be paid will be by agreement with the Tenant, Landlord, User or Polar Property Services.

12.9  When the first month’s rent is received by Polar Property Services in cleared funds via debit card they will transfer the funds, minus agreed fees, to the User/Landlords nominated bank account.

12.10 On receipt of the first months rent in cleared funds by debit card Polar Property Services will send a receipt by email to the Landlord, User and Tenant.

12.11 Should the User/Landlord subsequently decide to withdraw from the agreement to offer a tenancy any claim for the return of the first months rent by the Tenant is solely the responsibility of the User/Landlord.

12.12 Should the Tenant, user subsequently decide to withdraw from the agreement to accept the offer of the tenancy and make a request for the return of the first months rent it is solely the responsibility of the User/Landlord to return the funds.

12.13 The Tenant, Landlord & User accepts that Polar Property Services have no liability to repay the first months rent once it has been transferred into the Landlord/User nominated bank account.

13.  User obligations

The User of this service agrees to co-operate with Polar Property Services at all times.

14.  Distance Selling Regulations

14.1  Under the distance selling regulations we must inform all Users of the following refund policies relating to purchasing a service i.e Listing a Room or Property To Let, Inventory, Tenant Referencing Service, Deposit and Rent Collection, To Let Board, Repairs and Maintenance, Gas Safety Certificate, Gas Boiler Service, Electrical Safety Inspection, Electrical Installation Condition Report, Photographs, Floor Plans, Energy Performance Certificate, Deed of Guarantor Form and any other services you may purchase or download, including free documents or where Polar Property Services have engaged a third party to deliver such service.

14.2  Where a User agrees to an appointment date for these services within 7 days of ordering the User acknowledges that the service begins immediately and they waive their right to cancellation, the decision to issue a refund will be held with the management of Polar Property Services.

14.3  Once a User orders a service and payment has been received and the services has been commissioned you are unable to cancel the “Services”; refunds may be issued under certain circumstances based on the status of the services commissioned and at the discretion of Polar Property Services management.

14.4  Once a User purchases a service you agree to these terms and conditions and the discretion of Polar Property Services management.

14.5  Polar Property Services enters into legally binding contracts with third party organisations to commission and to deliver a service to the user therefore no automatic refund right exist.

14.6  The User undertakes to ensure the decision to order and use our services has been fully considered and Polar Property Services management reserves the right to issue a refund at its sole discretion.

Your statutory rights are not affected.

15.  Services, Pricing and Availability

15.1  Whilst every effort has been made to ensure that all descriptions of Services available from Polar Property Services correspond to the actual Services, Polar Property Services is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.  Please refer to sub-clause 12.4.

15.2  Polar Property Services does not represent or warrant that such Services will be available.  Availability indications are provided on the Web Site however this may not take into account that a service has been withdrawn during your visit to the website.

15.3  All pricing information on the Web Site is correct at the time of going online.  Polar Property Services reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

15.4  In the event that prices are changed during the period between an order being placed for Services and Polar Property Services processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.

15.5  All prices on the Web Site do not include VAT.  Polar Property Services is not currently VAT registered.

15.6  The prices are those held on the master file for the web page and its direct links to product details. In the event of any unauthorized tampering with these pages, the master file held at the trading premises of the seller shall prevail. Any transaction conducted at an incorrect price will be deemed null and void and the buyer advised within 14 days via email.

15.7  Title of the goods remains with the seller until such payments have been cleared. In the event of subsequent repudiation of payment by the buyer’s bank or paying agent, the title reverts to the seller until any outstanding payment has been made in full.

15.8  he user agrees to make payment in full within 14 days and can be charged interest at 6% above the Bank Of England interest base rate, on a daily basis, for any monies owed until settled in full.

15.9  The user agrees Polar Property Services are entitled to recover all reasonable expenses incurred in obtaining payment form the User where payment is late.

15.10 The User agrees Polar Property Services are entitled to charge additional cost for any service that is not in the original purchase.

16.  Provision of Services

16.1  Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.

16.2  Polar Property Services shall use its best endeavours to provide the Services with reasonable skill and care.

16.3   Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.

16.4   In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us by email                     customerservice@polarpropertyservices.co.uk or phone 0844 870 7903 within 1 working day to inform us of the mistake.  Polar Property Services will endeavour to make any necessary corrections to the Services provided within 1 working day. 

16.5    Polar Property Services reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 13.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

16.5.1 Any use or enjoyment that you may have already derived from the Services;

16.5.2 Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of Polar Property Services.

Such discretion to be exercised only within the confines of the law.

16.6 Delivery times and dates quoted by the Polar property Services or third party companies are only estimates and are not binding in any way. The company does not accept any liability for any loss incurred by customers if deliveries are not carried out at the estimated time.

17.  Privacy

Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy please visit our Privacy Policy page.

18.  Disclaimers

18.1  Polar Property Services makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

18.2  No part of this Web Site is intended to constitute advice and the content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

18.3   No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

19.  Changes to the Service and these Terms and Conditions

Polar Property Services reserves the right to change the Web Site, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes.  If Polar Property Services is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

20.  Availability of the Web Site

20.1  The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

20.2  Polar Property Services accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

21.  Limitation of Liability

21.1  To the maximum extent permitted by law, Polar Property Services accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under these terms and conditions or in connection with our website, whether direct or indirect, and whether arising in tort, contract, or otherwise.

21.2  The information on this Web Site is provided free of charge. In accepting this free information you acknowledge that it would be unreasonable to hold Polar Property Services liable in respect of this web site and the information on this Web Site. Whilst we have endeavoured to ensure the Web Sites contents is correct, we do not warrant for its completeness or accuracy. We cannot commit to ensure the Web Site remains available or is kept up to date.

21.3   To the maximum extent permitted by law we exclude all representations, warranties, and conditions (including, without limitations, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill). 

21.4   Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

21.5   At all times we will seek to take payment for our services by a secure network. We cannot be held responsible or liable for any cost or damages that you may incur by a fault with the secure network or our network that is used to take payment for these services. 

22.  No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

23.  Warranty

Both parties warrant their authority to enter into this agreement and have obtained all necessary approvals to do so.

24.  Third Party Rights

Nothing in these Terms and Conditions intend to or confer any rights on a third party.

25.  Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

26.  Notices

26.1  All notices / communications shall be given by either party to the other party by post to our Premises (see address above) or by email to      customerservice@polarpropertyservices.co.uk

26.2  Polar Property Services will communicate with the address or email provided by the user.

26.3  If either party chooses to send their notice by post it must be by recorded delivery and only on either party signing for receipt of the letter will it be deemed served.

26.4  If notice is sent by email then it will be deemed served  the day of sending  if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

26.5  If served personally then it will be deemed to be served at the time of being delivered.

27.  Law and Jurisdiction

These terms and conditions and the relationship between you and Polar Property Services shall be governed by and construed in accordance with the Law of England and Wales and Polar Property Services and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

28.  Severance

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remaining of the provisions hereof shall continue in full force and the full effect as if these Terms and conditions had been agreed with the invalid, illegal or unenforceable provision eliminated. 

29.  Fees and services

29.1  Users’ of all services must make payment before the service can be commissioned.

29.2  In the case of Full Property Management our Management Team will deal with all fees.

30.  Force majeure

The company shall not be liable for delay in performing or for failure to perform its obligations if the delay or failure results from any of the following: (a) Acts of God (b) Outbreak of hostilities, riots, civil disturbance, acts of terrorism (c) The act of any government, or authority (including refusal or revocation of any license or consent) (d) Fire, explosion, flood, fog or bad weather (e) Power failure, failure of telecommunications lines, failure or breakdown of plant machinery or vehicles (f) Default of suppliers or sub-contractors (g) Theft, malicious damage, strike, lock-out or industrial action of any kind (h) Any cause or circumstances whatsoever beyond the companies reasonable control.

31.  Indemnify

The User shall indemnify Polar Property Services against all claims, cost and expenses which Polar Property Services may incur and which arise directly or indirectly from the user’s breach of any of its obligations under these Terms and Conditions.

32.  Refunds or Amendments to a Service

32.1  Once a service has been ordered and payment has been received by Polar Property Services, the order will be commissioned.

32.1  Once a service has been commission to take place the User is unable to cancel.

32.3  Refunds may be issued under certain circumstances at the discretion of Polar Property Services.  Any refunds to the User via our Merchant Bank (Paypal) will incur a service charge of 3.6%.

32.4  Once the User agrees to a time and date for the service to be delivered or to take place with the third party company this cannot be amended.

32.5  We reserve the right to accept or not accept a request to amend the date or service.  

32.6  If on the time and date the third party company arrives at the agreed address to deliver the service and the User or their nominated representative is not at the property to give the third party company access to deliver the service it will be deemed as delivered.

32.7  If the User requests for this service to be delivered again then this will be at the full cost of the service as shown on the Web Site.

32.8  If the User requests for the time and date to be amended then this request should be in writing and to give 48 hours notice from the time Polar Property Services receives this request to customerservice@polarpropertyservices.co.uk

32.9  Proof of sending a notice is not proof of being delivered to Polar Property services.

32.10 We reserve the right to accept or decline a request to amend the date or service.  

32.11 Once a User has registered their personal details and their property details and paid for a service they become a member.  The member has access to their details and can amend them via their own User name and password.  If a member has any difficulty accessing their details they should contact us via the telephone number displayed on the Web Site or by email to customerservice@polarpropertyservices.co.uk

32.12 Once a property has been removed from our Tenant Find service we cannot re-advertise it without charging a new fee.

32.13 When the User wants a property to be removed from our Tenant find service they should instruct us by email with the property reference number and address requesting the property is removed. The email should be sent to customerservice@polarpropertyservices.co.uk . We will aim to remove the property within 1 working day. 

33.  Money Back Guarantee

33.1  Polar Property Services offer a full Money Back Guarantee if the User has not received any leads within 28 days of commissioning our Services to advertise their property or room.  A request for a refund must be made by email to customerservice@polarpropertyservices.co.uk along with instruction to remove the property or room from our Web Site and all property portal listings no later than day 29 of the advertisement service being commissioned .

33.2  In the event the User requests to cancel the Agreement for Services, prior to commencement of the Service, Polar Property Services Money Back Guarantee will apply and any payment received will be refunded.

33.3  Request for refunds under the Money Back Guarantee must be made in writing within 30 days of the date that the Guarantee became payable.

33.4  With relation to the purchase of the following Services from Polar Property Services;  Gas Safety Certificate, Gas Boiler Service, Electrical Safety Certificate, Electrical Installation Condition Report, Energy Performance Certificate, To Let board, photographs, floor plans and any other Service where Polar Property Services have engaged a third party to deliver such Services, we reserve the right to decline a refund if any or all of these Services have already been commissioned at the time of the request for a refund.

33.5  Refunds may be issued under certain circumstances at the discretion of Polar Property Services.

33.6 Any refunds to the User via our Merchant Bank (Paypal) will incur a service charge of 3.6%.

33.7  Discounts and promotional offers and codes.  You must enter the codes at the time of making your purchase for one of our services. Once the purchase has been made then no discount or offer will be made to the User. Only one offer of a discount or promotional offer can be used at any one purchase. All discount and promotional offers are time limited and once the date of the offer has lapsed the discount and promotional offers will not be offered. All discount and promotional offers are stored within our systems and once the time has lapsed they will be removed.

33.8  Polar Property Services will send newsletters by email, and text messages promoting our business and promotional offers from either our partners or ourselves. By accepting these terms and conditions the user accepts to allow Polar Property Services or its partners to send emails or text.

34.  Advertisement of a Property

34.1  The room or property will be displayed on Polar Property Services Web Site and its partner Web Sites.  

34.2  If it is found a property has been registered for any other reason other than to let to a Tenant then the property will be removed from our listings and the user account suspended. If Polar Property Services believe or is informed the registration has been registered for fraudulent reasons then this matter will be reported to the relevant authority.  The user accepts that they will have no right to compensation or refund if the account is closed for this reason.

34.3  The User will be informed of our decision by email.

34.4  The User has the right to appeal our decision in writing to Polar Property Services at the above address or by email to customerservice@polarpropertyservices.co.uk

34.5  We use an automated system to upload properties onto partner Web Sites. This is carried out on a daily basis. If you find your property has not been displayed within 48 hours please contact us via the phone number on the Web Site or send an email to customerservice@polarpropertyservices.co.uk

34.6  We cannot be held responsible and we do not accept responsibility for our partner Web Sites that may have technical difficulties from time to time.

34.7  If for any reason we are no longer able to use a partner Web Site to advertise properties Polar Property Services will not be held responsible and no refund will be offered to the User.

34.8  If the User finds their property is not being displayed on any of our partner Web Sites please contact us by phone or email                                           customerservice@polarpropertyservices.co.uk

34.9  It is important that the User registers the correct description, address and postcode of their property. Our partners will use the address and postcode to display the property in the area of the property details. If this information is incorrect the property listing may be rejected or displayed in the incorrect area. Polar Property Services has no control over our partner Web Sites and at no time will they be held responsible for any property listings not being displayed or being rejected. 

34.10 The postcode you use to advertise your property must be registered within the Post Office database. The User can check this database by searching the Post Office database.

35.  Use of own photographs

35.1  Should the User purchase our photographics service their photos will be taken by a professional Photographer and they will be presented in the correct format compatible to our own and all our partner websites.  If a User already has photographs, which have been used previously or taken by another provider, they are still able to use them if they are in the correct format and comply with our own and partners terms and conditions.

NB. Photos need to be a JPEG with a minimum resolution of 900 x 675 pixels and maximum of 1024 x 1024 pixels. 

35.2  We reserve the right to decline photos that do not meet our own and our partners terms and conditions.  We will not accept photographs with people in them.

36.  Disputes between Landlords and Tenants

All disputes between the Landlord and Tenant must be settled between the User / Landlord and Tenant. We hold no responsibility for any dispute that may take place during the initial application period or during the tenancy. We may offer advice to both parties on their individual rights. We cannot give legal advice or be deemed liable for any dispute, damages or expenses incurred by either or both parties. 

37.  Damage in Delivery

37.1  Polar Property Services must be advised in writing within 24 hours of receipt by the User of any shortage in goods delivered. If no such notice is received then Polar Property Services shall not be under any liability in respect thereof.

37.2  Polar Property Services must be advised in writing by email customerservice@polarpropertyservices.co.uk within 24 hours of any damage caused to the goods during transit to the customer. Polar Property Services shall not be under any liability in respect thereof if no such notice is received.

37.3  It is the User’s responsibility to inspect the goods on delivery.

38.  Satisfaction

We want the User to be totally satisfied with their purchases. If, for any reason, the User is not satisfied they should contact us in the first instance by email or phone where we will try to resolve any areas of dissatisfaction. In the event of an unresolved dispute please follow our complaint procedure. 

39.  Complaints

39.1  If you believe you have a grievance, please write in the first instance by email to customerservice@polarpropertyservices.co.uk or write to Polar Property Services at the above address.

39.2  The grievance will be acknowledge within 3 working days and then investigated thoroughly in accordance with our established “in-house” procedures. A formal written outcome of the complaint will be sent to you within 21 working days. If we require longer than this time scale we will advise you in writing and confirm our revised response date.

39.3  If you are not satisfied with the final decision, you may refer the complaint to an Independent Adjudicator, we will supply you with contact details on request. We will co-operate fully with the Independent Adjudicator during the consideration of a complaint and comply with any decision.

39.4  Our services are offered in the following areas.

Tenant Find, Tenant Find and Rent Collection, Tameside and Manchester.

Full Management within Tameside and Manchester.

39.5  Please note you can only purchase one of our services once you have registered.

40.  Property Mis-Descriptions Act

40.1  Polar Property Services will up date all Web Site descriptions on a regular basis and will make every effort to ensure they are correct. However it is entirely the User's responsibility to ensure the personal and property details held by Polar Property Services are correct at all times. Polar Property Services accept no responsibility for any mis-description that have been provide by the User. By agreeing to use Polar Property Services the User accepts all responsibility for all descriptions and information held by Polar Property Services. If the User finds that Polar Property Services hold incorrect information then they should contact us by email  at customerservice@olarpropertyservices.co.uk or write to Polar Property Services at the above address

40.2 The user shall indemnify Polar property Services and any other associated party against any claims made in respect of any mis-descriptions that may arise due to the User not complying with this act.

41.  Advertisements

We may display within the Polar Property Services Web Site external companies who offer a service to the User of the Web Site. Whilst we display the external Web Site we do so with the intent that they offer a service that the User of Polar Property Services Web Site may find beneficial. We do not accept any responsibility for any loss or damage incurred whilst using the services of the external companies.

Services

42.  Advertisement of a Room or Property

42.1  When the User purchases a service to let a room or property, and the payment has been received, it will be registered onto our partner portals. Because we update these portals daily we commit to having it displayed within one working day.

42.2  Once a property has been displayed on Polar Property Services or on any of the partner Web Sites the service will be deemed commissioned.

43.  Tenant Referencing

43.1  If a User wishes to cancel an agreement of service once a suitable Tenant has been introduced and prior to a Tenant application fee being received by the prospective Tenant the User agrees to pay Polar Property Services a cancellation fee of £100.00 plus VAT if applicable.

43.2  If a User wishes to cancel an agreement of service once a suitable Tenant has been introduced and the Tenancy application procedure has began the user agrees to pay Polar Property Services a cancellation fee of £100.00 plus VAT if applicable.

43.3  The User agrees to pay the cancellation fee on demand as per the terms and conditions.

43.4  Once a User, who has made an application for a tenancy on a property, makes a payment for a credit check and Polar Property Services has received cleared funds, then the service will be commissioned.  Once the service has been commissioned the payment cannot be refunded.  We cannot accept credit card payments for rent or deposit/holding fees. If you pay via Paypal there is a service charge of 3.6%.  We can take your payment over the telephone.

43.5  The applicant will be informed by email of the findings of the credit check.

43.6  If the applicant has failed the credit check we are unable to give the reason why.  The applicant will need to write to our credit referencing company to request further information.

44.  To Let board

44.1  When the User purchases a service ‘To Let board’, and the payment has been received, the service will be commissioned. We aim to complete this service within 7 days or sooner.

44.2  The User also gives permission for a ‘To Let board’ to be erected on their property for the purpose of marketing their property.

44.3  The provider of this service shall adhere to the relevant statutory regulations relating to display of such boards.

44.4  WE WILL CONTACT YOU BY TELEPHONE OR EMAIL TO REQUEST THE KEYHOLDERS NAME AND CONTACT DETAILS TO ARRANGE A MUTUALLY CONVENIENT TIME AND DATE TO CARRY OUT THE SERVICE.

45.  EPC, Floor plan, Photographs, Inventory, Check in, Check out 

 With effect from April 2012, it is now a legal requirement that all properties must have a valid Energy Performance Certificate (EPC) before being marketing ‘For Sale’ or ‘To Let’

We can accept your property listing and advertise your property for 7 days whilst we await receipt of your property EPC.

If you do not have a valid EPC we can arrange for one to be carried out on your behalf.  Please visit our website at www.polarpropertyservices.co.uk/landlords to make a booking or you may choose your own energy assessor.

If we do not receive an EPC for your property within 7 days, because of current legislation, we will have to remove the advertisement until an EPC is in place.

The 2011 Regulations amended the existing legislation in the following ways, taking effect from 6 April 2012:

45.1  When the User purchases a service i.e. (EPC, Floor plan, Photographs, Inventory, Check in, Check out) and the payment has been received, the service will be commissioned. We aim to complete this service within 7 days or sooner once the time and date has been agreed with the User.

45.2  The User will receive their purchased report(s) by email as an attachment. If the User requires a printed hard copy these are available at an additional cost of £10.

45.3  The User will receive their purchase of photographs by email. If the user requires a printed hard copy these are available at an additional cost of £10.

45.4  The Web Site displayed price is for up to 8 Photographs, additional Photographs cost £6 each (up to a maximum of 15 photographs in total).

45.5  The User will receive their purchase of Videoette on disc by post.

45.6  For properties within the London congestion zone their may be an additional charged to cover this and parking expenses. This charge will be agreed with you prior to confirming your purchase. If the Users' property is within the London congestion zone the User agrees to pay the additional fee on request by Polar Property Services as per the Terms and Conditions.

45.7  WE WILL CONTACT YOU BY TELEPHONE OR EMAIL TO REQUEST THE KEYHOLDERS NAME AND CONTACT DETAILS TO ARRANGE A MUTUALLY CONVENIENT TIME AND DATE TO CARRY OUT THE SERVICE.  

 

46.  Gas Safety Inspection (G2)

46.1  The web site displayed price is for up to 3 gas appliances, further appliances cost an additional £22 + VAT per appliance. If the User has additional appliances the User agrees to pay the additional fee on request by Polar Property Services as per the Terms and Conditions.

46.2 No gas or electricity at propertyIf there is no gas or electricity supply for any reason and the Gas Safety Inspection cannot take place then the service will be charged at full price.  If the User has requested an Electrical Safety Inspection at the same time and this is able to take place then the cost will be reduced to the Electrical Safety Inspection. 

46.3  In the event that the property has LPG a further charge of £30.00 will be payable.

46.4  For properties within the London congestion zone their may be an additional charged to cover this and parking expenses. This charge will be agreed with you prior to confirming your purchase. If the Users' property is within the London congestion zone the User agrees to pay the additional fee on request by Polar Property Services as per the Terms and Conditions.

46.5  Inspection and identification of any gas leaks or poisonous carbon monoxide (CO).

46.6  The User will be sent a copy of the report electronically.

46.7  If the User requires a printed hard copy of the report there is an additional charge of £10.

46.8  WE WILL CONTACT YOU BY TELEPHONE OR EMAIL TO REQUEST THE KEYHOLDERS NAME AND CONTACT DETAILS TO ARRANGE A MUTUALLY CONVENIENT TIME AND DATE TO CARRY OUT THE SERVICE.

47.  Gas Boiler Service (BS)

47.1  A full boiler service as recommended by the manufacturer and a service report. Neglected gas boilers can be a principle source of leaks and CO poisoning. Regular servicing not only protects the occupants of a property, it extends the life of the boiler and ensures that it runs economically.

47.2  No gas or electricity at propertyIf there is no gas or electricity supply for any reason and the Gas Boiler Service cannot take place then the service will be charged at full price.  If the User has requested an Electrical Safety Inspection or Electrical Installation Condition Report at the same time and this is able to take place then the cost will be reduced to the Electrical Safety Inspection or Electrical Installation Condition Report.

47.3  In the event that the property has LPG a further charge of £30.00 will be payable.

47.4  For properties within the London congestion zone their may be an additional charged to cover this and parking expenses. This charge will be agreed with you prior to confirming your purchase. If the Users' property is within the London congestion zone the User agrees to pay the additional fee on request by Polar Property Services as per the Terms and Conditions.

47.5  The User will be sent a copy of the report electronically.

47.6  If the User requires a printed hard copy of the report there is an additional charge of £10.

47.7  WE WILL CONTACT YOU BY TELEPHONE OR EMAIL TO REQUEST THE KEYHOLDERS NAME AND CONTACT DETAILS TO ARRANGE A MUTUALLY CONVENIENT TIME AND DATE TO CARRY OUT THE SERVICE.

48.  Electrical Safety Inspection (E2)

48.1  No electricity at propertyIf there is no electricity supply for any reason and the Electrical Safety Inspection cannot take place then the service will be charged at full price.  If the user has requested a Gas Safety Inspection or Boiler Service at the same time and this is able to take place then the cost will be reduced to the Gas Safety Inspection, Boiler Service or both.

48.2  The web site displayed price is for up to 6 electrical appliances plus £6 + VAT per additional appliance. If the User has additional appliances the User agrees to pay the additional fee on request by Polar Property Services as per the Terms and Conditions.

48.3  For properties within the London congestion zone their may be an additional charged to cover this and parking expenses. This charge will be agreed with you prior to confirming your purchase. If the Users' property is within the London congestion zone the User agrees to pay the additional fee on request by Polar Property Services as per the Terms and Conditions.

48.4  The User will be sent a copy of the report electronically.

48.5  If the User requires a printed hard copy of the report there is an additional charge of £10.

48.6  WE WILL CONTACT YOU BY TELEPHONE OR EMAIL TO REQUEST THE KEYHOLDERS NAME AND CONTACT DETAILS TO ARRANGE A MUTUALLY CONVENIENT TIME AND DATE TO CARRY OUT THE SERVICE.

49.  Electrical Installation Condition Report

49.1  No electricity at propertyIf there is no electricity supply for any reason and the Electrical Installation Condition Report cannot take place then the service will be charged at full price.  If the user has requested a Gas Safety Inspection or Boiler Service at the same time and this is able to take place then the cost will be reduced to the Gas Safety Inspection, Boiler Service or both.

49.2  The web site displayed price is for up to 7 circuits, Plus £30 + VAT per additional circuit. If the user has additional circuits the user agrees to pay the additional fee on request by Polar Property Services as per the Terms and Conditions.

49.3  For properties within the London congestion zone their may be an additional charged to cover this and parking expenses. This charge will be agreed with you prior to confirming your purchase. If the Users' property is within the London congestion zone the User agrees to pay the additional fee on request by Polar Property Services as per the Terms and Conditions.

49.4  The User will be sent a copy of the report electronically.

49.5  If the User requires a printed hard copy of the report there is an additional charge of £10. 

49.6  WE WILL CONTACT YOU BY TELEPHONE OR EMAIL TO REQUEST THE KEYHOLDERS NAME AND CONTACT DETAILS TO ARRANGE A MUTUALLY CONVENIENT TIME AND DATE TO CARRY OUT THE SERVICE.

Free Documents

50.  Shorthold Tenancy Agreement

50.1  Polar Property Services offers a free Assured Shorthold Tenancy Agreement (AST) to Users.

50.2  It is the Users responsibility to draw up the agreement between the User and the prospective Tenant.

50.3  It is the Users responsibility to ensure all the information entered is correct.

50.4  It is the Users responsibility to provide a copy of the completed agreement to the Tenant(s)

50.5  If the User wishes to use a Solicitor then they are at liberty to pay all cost incurred.

51.  Standing Order

51.1  Polar Property Services offer a free blank Bankers Standing Order to customers.

51.2  It is the Users responsibility to complete form.

51.3  It is the Users responsibility to ensure all the information entered is correct.

51.4  It is the Users responsibility to ensure the form is sent to the Tenants bank.

51.5  If the User wishes to use a Solicitor then they at liberty to pay all cost incurred.

52.  Section 8

52.1  Polar Property Services offer a free blank Section 8 document. It is the Users responsibility to complete the document.

52.2  It is the Users responsibility to ensure all the information entered onto the Section 8 is correct.

52.3  If the User wishes to use a Solicitor or third party then they at liberty to pay all cost incurred.

53.  Section 21

53.1  Polar Property Services offer a free blank Section 8 document. It is the Users responsibility to complete the document.

53.2  It is the Users responsibility to ensure all the information entered onto the Section 8 is correct.

53.3  If the User wishes to use a Solicitor or third party then they at liberty to pay all cost incurred.

54.  Tenant Referencing Service

54.1  We offer a free Tenant Referencing service to the User for their prospective Tenant.

54.2  We reserve the right to charge the prospective Tenant(s) a referencing fee to carry out this service. 

54.3  The report findings of the referencing will be sent to the User by email.

54.4  If a hard printed copy is required there is a charge of £10.

55.  Property Listing & Rent Collection

55.1  Once a tenancy application has been approved and the User has offered the tenancy to the applicant we will take receipt of the Deposit and first month rent from the Tenant as per our 'Property Listing & Rent Collection Agreement'

55.2  The applicant can pay over the phone with a debit card*

55.3  Once Polar Property Services has received cleared funds for the Deposit it will be placed into our nominated Government scheme.

55.4  Once the Deposit has been registered in our nominated Government scheme we will send confirmation and supporting information from the Government scheme, by email, to the tenants email address as registered on the tenancy application.

55.5  If the Tenant has not received confirmation within 10 days by email of where their Deposit has been registered they should send an email to customerservice@polarpropertyservices.co.uk .Within the email they should clearly show their name and address, the date they paid the Deposit and how much. We will endevour to reply to this email within 3 working days.

55.6  The first months rent will be paid into the Users nominated bank account, less Polar Property Services management fee, once we have received cleared funds.

55.7  If the User has not received the first month’s rent within 7 days they should send an email to customerservice@polarpropertyservices.co.uk . Within the email they should clearly show their name and address, their tenanted property reference number and state what their query is regarding. We will endevour to reply to this email within 3 working days.

55.8  We cannot accept credit card payments for rent or deposit/holding fees. If you pay via Paypal there is a service charge of 3.6%.  We can take your payment over the telephone.