Terms

Version 3.0, last updated 14th June 2022

1. About Purple Frog

Purple Frog (“Purple Frog/we/our”) provides property letting and management services to landlords wishing to let out their property. The Purple Frog company you are contracting with will be clearly stated on the order form and will be either:

(a) Purple Frog Property Ltd, registered in England and Wales (Company No. 06038557 and VAT No. GB 928423807);

(b) Purple Frog Nottingham Ltd, registered in England and Wales (Company No. 06987366 and VAT No. GB 210023393); or

(c) Purple Frog Bristol Ltd, registered in England and Wales (Company No. 06987394 and VAT No. GB 209333523).

(d) Purple Frog Group Ltd, registered in England and Wales (Company No. 06987540 and VAT No. GB258 1036 14).

Our registered office for all our companies is at 47 Calthorpe Road, Birmingham, B15 1TH.

2.What this is

These terms and the order form (a copy of which is attached with these terms) together form a legally binding contract between you and us and set out the basis upon which we will provide the services to you. If you are unsure of your obligations under these terms, then you are advised to seek independent legal advice before signing.

If any of these terms conflict with anything contained on the order form, the completed order form will take priority.

Please ensure that you read these terms carefully, and check that the details on the order form are complete and accurate before you sign and return the order form. If you think that there is a mistake on the order form or require any changes at any point, please contact us immediately.

3. Definitions (what the words in these terms mean)

When the following words are shown in bold they have the meanings shown below.

contractor	a third party appointed by us to assist with the provision of the services.
EPC	an energy performance certificate.
event outside our control	any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks, 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.
fees	the amount(s) payable by you for or relating to the services as calculated in accordance with these terms.
landlord/you/your	you, the landlord of the property as set out on the order form.
minimum term	the minimum period that the full management service at the property will be provided as set out on the order form
order	your instruction for the services as set out on the order form.
order form	the order form completed by you setting out all the relevant details of the services which you would like us to provide at the property.
property	the address listed on the order form where we provide the services.
services	the let only service or full management service to be provided by us to you as set out on the order form.
tenant	a tenant or occupier of the property.
terms	the overall contract between you and us made up of the order form and these terms and conditions.
website	purplefrogproperty.com or any of our other websites (as applicable from time to time).

4. About these terms

If you would like to receive the services, you must sign and return an order form.

Please be advised that by placing an order, you agree that we will carry out an anti-money laundering and identity check on you using the information that you provide.

If we accept your order to provide the services, we will sign and return the order form and at that point the terms will become binding on you and us. If you do not return the order form and we begin to start providing you with the services on your instruction, you will be deemed to have accepted these terms.

If we update the  terms and you do not respond within 30 days of being notified about the change,  and we continue to start providing you with the services, you will be deemed to have accepted the updated terms.

5. Services

We offer two standard services – the let only service and the full management service. Details of both services can be found on the order form.

6. Fees

Standard fees

We will charge you our fees as set out on the order form from the date we start providing the services.

Early termination fee

If you end any services after we have a tenancy agreement in place or we have collected administration or holding fees from the tenants for our let only service or during the minimum term for our full management service, or without providing the required notice, you will be required to pay us an early termination fee as compensation to us for your breach of these terms. This charge is compensatory and is not subject to VAT.

Unavailability fee

You must inform us immediately if the property becomes unavailable (for example if you let the property yourself) so we can avoid taking an administration or holding fee on it. If you fail to inform us that the property is no longer available and we take an administration and/or holding fee, you will be required to pay to us the property unavailable fee as set out on the order form as compensation to us for your breach of these terms. This charge is compensatory and is not subject to VAT.

Abortive fee

If the basic terms of a tenancy or renewal have been agreed with you and you instruct us to proceed to sign the tenancy agreement and you then subsequently withdraw from the transaction before the tenancy agreement is signed, you agree that you will be required to pay to us the abortive fee as set out on the order form as compensation to us for your breach of these terms. This charge is compensatory and is not subject to VAT.

Delayed delivery fee

If the tenancy agreement is signed by the tenants and agreed by you but the property is not available at the start of the tenancy agreement because of your actions (for example if refurbishment works have not been completed on time), you agree that you will be required to pay to us the delayed delivery fee as set out on the order form as compensation to us and the tenants for your breach of these terms. This charge is compensatory and is not subject to VAT.

Additional fees

If you ask us to provide any additional or supplemental services, you will be liable to pay the price agreed between us.

All our prices and other charges are affected by UK tax or duty, if this applies, including VAT at the appropriate rate. If the rate of VAT payable on the fees increases, then you agree to pay the increased rate of VAT from the date the change becomes effective.

7.Paying your fees

You agree to pay us the fees for providing the services and for other charges which apply under these terms. These fees are to be paid in British pounds sterling (inclusive of VAT charged at the applicable rate) and are payable from the day that we start providing each service.

Unless we agree otherwise, you must pay the fees you owe in full by the date shown on your statement or invoice. Invoices are normally payable within 14 days of receipt.

Payment will be accepted by bank transfer only.

If you genuinely think the amount of your statement or invoice is incorrect, you must still pay any amount that you do not dispute. If you wish to dispute any fees you must let us know as soon as possible (and in all cases within twelve months) after you have received the relevant statement or invoice.

You irrevocably agree the fees may be deducted from any monies held by us and otherwise due to you (including retainers, deposits and rent).

If you owe us money under these terms or any other contract with a Purple Frog group company, we can move money between contracts or accounts (for example to use any money that we owe you on a property to pay off what you owe us at different property).

Failure to pay

If you fail to pay any fees we may impose any of the following:

• contact you to arrange an alternative payment;
• charge interest to you on the overdue amount from the due date at the statutory rate; or
• charge you a reasonable administration charge to cover our additional costs in collecting your debt.

Please be advised that in the event of us not receiving full payment for services provided, we reserve the right to terminate some or all services.

8. General authority

You confirm that you are the sole or joint owner of the property and have the right to rent out the property and obtained permission from your mortgage lender, your head lease and/or your insurance company.

Where you own the property jointly, you must ensure that the joint owners are named in the tenancy agreement and that you are authorised to give instruction on behalf of the other owners.

If we have provided you with the details of the tenancy, you authorise us to sign the tenancy agreements on your behalf.

Full management service

You authorise us to carry out the property management duties listed on the order form. You also agree that we may take and hold deposits and comply with the requirements of any deposit protection scheme that may apply to the deposit.

You authorise us to act on your behalf in relation to any utilities or council tax matters relating to the property.
<h3

9. Your obligations

You agree that you will:

• pay the fees in accordance with these terms;
• comply fully with these terms and any reasonable instructions we give you in relation to the provision of the services;
• respond promptly to any correspondence or our requests;
• provide accurate information to us and ensure that this information is always kept up to date and accurate including details about the property, your name, address and bank details;
• provide the property in good and lettable condition from the start date of any tenancy agreement;
• ensure the property has the correct planning status (C4/C3),  for the type of tenant and tenancy you are asking us to set up on your behalf;
• maintain the property to an acceptable standard;
• ensure that the property has in place all necessary permissions and licenses.

Please be aware that we may (at our discretion) appoint contractors to assist in our providing you with the services and with the performance of our obligations under these terms.

10. Marketing the property

You agree to provide accurate information about the property and that we will use this information to advertise the property.

An EPC is required by law and we have an obligation to and will provide a copy of the EPC to any prospective tenant as part of the marketing of the property. If you do not provide us with a valid EPC, you agree that we may arrange an EPC for you for the fee as set out on the order form.

Due to local planning restrictions and voluntary codes of conduct, we may not always be able to display a “to let” sign outside the property.

11. Licensable HMOs

If the property is classified as a licensable House in Multiple Occupation (HMO), we will only be able to provide our services when we receive a copy of your licence or licence application.

We can help you complete a licence application or renewal for the fee set out on the order form.

You agree that you will ensure that all conditions of the licence will be complied with prior to the commencement of the tenancy.

12. Holding deposit

A Holding Deposit may be taken from a tenant applying to rent a property. The purpose of this Holding Deposit is to verify their serious intent to proceed and to protect us against any administrative expenses (for example referencing or credit checking) that may be incurred should the tenant decide to withdraw the application. The holding deposit does not protect you against loss of rent due to the tenant deciding to withdraw or references proving unsuitable.  If the tenant's application is successful, the holding deposit will either be reallocated as a part of the tenancy deposit, rent, or returned to the tenant.

13. Tenancy agreement

We will prepare appropriate tenancy agreements in our standard form. Should you require amendments or a different tenancy agreement, we will charge an additional fee as set out on the order form.

We may accept tenancy paperwork (tenancy agreement, contact information, ID etc.) completed by hand or electronically. This includes accepting electronic signature of tenancy agreements and guarantor forms which will not be witnessed.  On request, we will provide you with electronic copies of such tenancy paperwork.

14. Tenancy deposits

Upon signing the tenancy agreement, we will take a dilapidations deposit from the tenants in addition to any rent due. The purpose of this deposit is to protect you against any loss of rent or damage to the property during the tenancy itself.

The deposit will be a minimum of one month’s rent and no more than five weeks' rent.

If the order form states that you are responsible for protecting the deposit, this will be your responsibility. If the order form states that we are responsible for protecting the deposit, you agree to pay the fee listed on the order form and you instruct us to hold the deposit, or transfer it to a custodial deposit protection scheme which we will do so under the terms of the deposit protection scheme. Where we are responsible for protecting the deposit, we will register and protect it with a deposit protection scheme within 30 days of receiving the deposit funds.

Let only service

We will not negotiate or attempt to resolve deposit disputes in relation to the let only service.

Full management service

We will attempt, by negotiation, to resolve any deposit disputes between you and the tenants. Where a dispute cannot be resolved, it will be necessary to submit the claim for alternative dispute resolution through the deposit protection scheme.

If the tenants do not respond through the deposit protection scheme's arbitration service it may be necessary for us to submit a statutory declaration / single claim to the deposit protection scheme, you agree to pay us a fee for doing so which is set out in the order form.

At the end of a tenancy, you will be initially responsible for paying any cleaning or maintenance required and we will recharge a reasonable amount of these costs to the tenants and pass these on to you if they recovered.

If we become aware of any malicious or negligent damage to the property by the tenants, then we will put right that damage. You will be initially responsible for paying for these costs and we will recharge a reasonable amount of these costs to the tenants and pass these on to you if they recovered.

Please note that any sums recovered from the tenants may be limited by the arbiters of any deposit protection scheme.

15. Inventory and check  out inspection

Where you take our full management service, we will prepare an inventory for the property on each change of tenancy for the fee listed on the order form. At the end of each tenancy we will carry out a check out inspection which will assist us in assessing any damage caused by the tenants, you agree to pay the fee listed on the order form. We do not accept liability for omissions or errors on the inventory or check out inspection.

16. Maintenance

When you take our full management service, we will provide you with our maintenance service as set out below. You must make us aware of any ongoing maintenance problems.

Subject to a maximum monthly expenditure limit, as set out on the order form, on any single item or repair, we will carry out maintenance work at the property without your prior approval.

For expenditure above this limit, we would normally request your authorisation in advance. However, it is agreed that in an emergency or for reasons of contractual or legal necessity, we may exceed the maximum monthly expenditure limit provided we’ve reasonably tried to contact you beforehand.

If the property has a garden, you agree that either you will provide garden maintenance equipment to the tenants or that we will provide regular garden maintenance. The cost for this work will be passed on to you as a fee.

You agree that we will clean your gutters and drains at the property each year for the fee listed on the order form.

17. Inspections

Where you take our full management service, we will carry out periodic (quarterly unless agreed otherwise by us in writing) inspections of the property for the fee listed on the order form. It is not the intention to check every item of the inventory at this stage but to verify that the tenants are using the property in a suitable manner and to check the general condition of the property.

18. Statements

Let only service

We will send you a statement showing a clear breakdown of all our fees and funds collected on your behalf.

Full management service

We will produce a monthly statement for you showing a clear breakdown of all rental income received minus any items of expenditure including our fees and pay the net balance to you by bank transfer.

19. Safety regulations

The letting of the property is closely regulated with respect to tenant safety. The law makes demands regarding gas safety, electrical safety and fire safety. The following regulations apply:

• The Gas Safety (Installation and Use) Regulations 1998
• The Smoke and Carbon Monoxide Alarm (England) Regulations 2015
• Electrical Equipment (Safety) Regulations 1994
• The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020
• Plugs & Sockets (Safety) Regulations 1994
• Furniture & Furnishings (Fire) (Safety) Regulations 1988 (amended 1989, 1993 and 2010)
• Regulatory Reform Order (Fire Safety) 2005
• The Housing Health and Safety Rating System (England) Regulations 2005
• The Management of Houses in Multiple Occupation (England) Regulations 2006
• The Houses in Multiple Occupation (Management) (England) Regulations 2009
• Health and Safety at Work Act 1974

You confirm that you are fully aware of your obligations and that you shall ensure that the property is made available for letting in a safe condition and in compliance with the above regulations and any subsequent amendments thereto or replacement regulations. You agree to fully and effectively indemnify us against any expenses or penalties or any other civil or criminal liability that may be suffered because of non-compliance of the property.

Gas safety

All gas installations and appliances must be maintained in good working order and checked for safety and a gas safety certificate obtained every 12 months.

If you take our full management service, you must provide us with a valid safety certificate prior to the commencement of the tenancy. If you do not or when the certificate is due to expire, you authorise us to carry out a gas safety check on all gas appliances and their installations and if necessary to carry out any remedial works required. The cost for this work will be passed on to you as a fee.

Electrical safety - wiring

If you take our full management service, you must provide us with a valid safety certificate prior to the commencement of the tenancy. If you do not or when the certificate is more than 5 years old, you authorise us to carry out an electrical inspection on all electrical appliances and their installations and if necessary to carry out any remedial works required. The cost for this work will be passed on to you as a fee.

Electrical safety - portable appliances

If you take our full management service, you authorise us to carry out an annual portable appliance test at the property. The cost for this work will be passed on to you as a fee.

Fire safety - general

If you take our full management service, you must provide us with a valid fire risk assessment prior to the commence of the tenancy. If you do not or when the fire risk assessment is out of date, you authorise us to carry out a fire risk assessment at the property and if necessary to carry out any remedial works required. The cost for this work will be passed on to you as a fee.

Fire safety - furniture and furnishings

You agree that any furniture and furnishings provided will comply with the relevant applicable regulations.

Fire safety – fire and smoke alarms

It is a legal requirement that smoke alarms are present of each floor, including ground floor entrance lobbies, of the property and are tested prior to the tenants taking occupation.

If you take our full management service, we will carry out the test at the property. The cost for this work will be passed on to you as a fee.

Fire safety – carbon monoxide detectors

It is a legal requirement that all rooms containing a solid fuel appliance or open fire, where solid fuels can be burnt, contain a working carbon monoxide detector.

Although this currently does not include gas appliances, we strongly recommend that you provide and maintain carbon monoxide detectors as per the manufacturer’s instructions in any property with gas appliances.

Fire safety – emergency lighting

If the property has emergency lighting and you take our full management service, we will test the emergency lighting annually. The cost for this work will be passed on to you as a fee.

Health and safety – legionella

It is a legal requirement to ensure the health and safety of the tenants by keeping the property safe and free from health hazards. There is a duty to assess the risk from exposure to legionella to ensure the safety of the tenants.

You agree to carry out such risk assessments or alternatively, on request, we can carry this out for you. The cost for this work will be passed on to you as a fee.

20. Commission and referral fees

Any commissions, referral fees or other income earned by us while carrying out our duties under this agreement shall be retained by us. Our contractors may pay a referral fee to us. The fee paid will be included within the contractor’s invoice and could be up to 15% of the total invoice amount depending on the service provided, the details of which are available on request. This does not affect the final amount you pay.

21. Insurance

You shall be responsible for ensuring that the property is adequately insured and that the insurance covers the property being let, whether furnished or unfurnished. We can offer competitive rates for all aspects of insurance cover.

22. Overseas residents

Where you take our full management service and we are collecting rent for landlords living overseas (non-UK resident landlords), we are obliged to deduct monies (at the basic tax rate) to cover any tax liability unless you have been authorised in writing by HMRC to receive rent gross. A copy of the NRL certificate must be provided to us. In this situation, we also request that you appoint an accountant or we reserve the right to appoint an accountant to manage correspondence with HMRC. Our fee for this work is set out in the order form. Further administration expenses may be charged by us if further work is requested by either you, the accountant or HMRC.

23. Utilities and council tax

Payment of council tax and utilities will normally be the responsibility of the tenants in the property. However, you should be aware that where the property is empty, let as holiday accommodation or let as a house in multiple occupation (HMO) with individual tenancy agreements then responsibility for payment of council tax and utilities then rests with you.

Full management service

We will take meter readings whenever possible at each change of tenancy. We will be responsible for notifying the utility providers and council tax authorities of the new tenants and meter readings (where available).

Where a property is occupied by tenants on more than one tenancy and all tenants are students we will apply to the council for exemption; if any of the tenants are not eligible for exemption we will re-charge council tax due to the tenants as appropriate unless council tax is included within the rent.

Where the rent is inclusive of bills, you authorise us to procure the services on your behalf at our discretion. The tenants will be charged for and responsible for the payment of any additional amounts in relation to bills due under the tenancy agreement (for example if their energy usage exceeds the fair usage policy in the tenancy agreement) and you agree that we may deduct such amounts from the deposit and retain such amounts to pay the utility providers.

Where you are liable for the council tax or utilities, you authorise us to make payment on your behalf and deduct the amount from the rent collected.

24.  Mail

We will not be responsible for forwarding any post to you. You should take care to inform all parties of your alternative address.

25. Legal proceedings

We are not responsible for any legal proceedings for the recovery of rent, repossession of the property or any other breach of the tenancy agreement. With our prior agreement, we may attend court or any tribunal and our fee for attendance will be as set out in the order form.

Full management service

Any delays in payment or other defaults will be acted on by us in the first instance. Where we have been unsuccessful in these initial actions, or there are significant rent arrears or other breaches of the tenancy agreement, we will advise you accordingly. You will then be responsible for appointing and instructing a solicitor and you will be responsible for payment of all legal fees and related costs.

If we are required to issue legal notices to your tenant(s) we will do so at a fee set out in the order form.

26. Housing benefit

Where you take our full management service, you undertake to reimburse us for any claims arising from overpayment which may be made by the local authority in respect of housing benefit, or other benefit scheme, paid to or on behalf of the tenant(s) as rent. This undertaking shall survive termination of these terms and remain in force throughout the tenancy and for up to six years thereafter.

27. Services to tenants

We may offer to arrange insurance, banking and other financial services and other related services for the prospective and current tenants and shall be entitled to receive commission in respect of any such services arranged. You will not be entitled to any share of the commission or any reduction in fees.

28. Key holding

If you provide keys to the tenants directly, you will be responsible for checking the Right to Rent identity documentation in person and for checking with us that the tenants have completed all the tenancy paperwork before handing the keys over to the tenants.

Let only service

We will require one set of keys to arrange viewings.

Full management service

We will require enough keys to cater for each tenant and two sets of keys for ourselves which will be securely held by us and made available to our contractors when required. This will also facilitate property inspections and allow us to gain access to the property if there is an emergency and the tenant is not available.

We reserve the right to have additional keys cut if the required number of sets of keys are not provided to us. The cost for this work will be passed on to you as a fee.

29. Clients’ money

All funds held on your behalf are held in our separate client account for which no interest will be paid.

30. Ending these terms

The services at the property you order are subject to the termination provisions below.

Let only service

If we do not have a tenancy agreement in place or have not collected holding fees from the tenants, then you may terminate the service at the property by giving us immediate notice without any early termination fees.

If there is a tenancy agreement in place or we have collected deposit or holding deposit from the tenants and you still wish to end the service, you will be required to pay an early termination fee equivalent to the fee for our let only service as set out on the order form.

Full management service

The terms will (unless ended in accordance with these terms) continue for the minimum term for the full management service at the property.

If we do not have a tenancy agreement in place or have not collected holding deposits or deposits from the tenants, then you may terminate the service at the property by giving us immediate notice without any early termination fees.

If there is a tenancy agreement in place or we have collected holding deposits or deposits from the tenants, the minimum term will be equal to the length of that tenancy agreement including any subsequent renewal term.

If you terminate the service before the expiry of the minimum term, then we will be entitled to charge an early termination fee equal to 75% of the fees we would have charged until the end of the minimum term.

After the minimum term has expired, you can end these terms for the property by giving us at least 60 days’ notice, or a notice period that we agree to, if by the end of the notice period you have paid us all the money you owe us.

Notwithstanding any minimum term, both you and us may also terminate the terms in the following circumstances.

Your right to terminate the terms before we start providing you with the services

Where these terms are not signed at our offices by a consumer in the presence of one of our employees, you may cancel the order for services within 14 days. If you wish to cancel, please write to us using the model cancellation form at the end of these terms. For the avoidance of any doubt, this right is applicable to you only if you are a consumer. Where you are a business, you have no right to cancel any order for services before we start providing you with the services.

If you (as a consumer) cancel your order, we will confirm your cancellation in writing to you.

If you (as a consumer) cancel an order and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you within 14 days.

If you ask us to start and we subsequently begin providing any of the services within the 14 days of you placing an order, you agree that you will lose your statutory right to cancel.

Where you have cancelled an order because of our failure to comply with these terms (except where we have been affected by an event outside our control), you do not have to make any payment to us.

Our right to terminate the terms at any time

We can (at our absolute discretion and with immediate effect) choose to either terminate the entire terms with you or terminate a service at the property if:

• you do not pay us any of the fees due under these terms within 14 days of our notice that the fees are overdue;
• you break any term or condition of these terms and we think this is material;
• you break any term or condition of these terms which isn’t material and you don’t remedy this within 14 days of us telling you about it;
• we suspect any fraudulent use of the services by you;
• an event outside our control prevents continued provision of the services for more than 30 days; or
• you are declared bankrupt or insolvent.

We can end any services at the end of the minimum term at any time by giving you at least 60 days’ notice.

If we end any of the services because you have breached these terms, then you must pay the relevant early termination fees for the affected services.

Your right to terminate the terms at any time

You may terminate the terms by giving 30 days’ written notice to us if:

• there has been a material breach of these terms by us and this is not remedied within 14 days of you sending to us a written notice of the breach and asking us to correct it; or
• an event outside our control prevents continued provision of the services for more than 30 days; or
• we are unable to pay our debts (within the meaning of section 123 of the Insolvency Act 1986); or
• we become insolvent; or
• you no longer want the services and are happy to pay any relevant early termination fees.

You must pay for the services until the end of these terms (for whatever reason) and for any other charges you owe us, as described in these terms.

If these terms terminate or expire for any reason, neither of us will lose any rights we already have under these terms (for example to claim any money that is owed at the end of these terms).

31. Events outside our control

We will not be held liable or responsible for disruptions caused because of an event outside our control.

If an event outside our control takes place that affects the performance of our obligations under these terms, we will contact you as soon as reasonably possible to notify you; and our obligations under these terms 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 performance of services to you, we will restart the services as soon as reasonably possible after the event outside our control is over. If an event outside our control continues for more than 30 days, you may terminate without incurring early termination fees for any affected services by writing to us.

32. Indemnity

You agree to indemnify us against any costs, expenses, losses or liabilities (whether civil or criminal) incurred or imposed on us if they were incurred on your behalf in pursuit of our normal duties.

33. Our liability to you

We are only liable to you as set out in these terms. We have no other duty or liability to you except for those imposed by law.

Although we will carry out the services with reasonable care and skill, we cannot be held responsible for:

• guaranteeing the suitability of tenants;
• late or non-payment of rent;
• damage to the property by tenants;
• vacant possession at the end of a tenancy; or
• any other associated legal costs incurred

where we have acted correctly in accordance with these terms.

We accept full legal responsibility if we or our contractors kill or injure somebody (or cause somebody to be killed or injured) because we or our contractors have been negligent or if we act fraudulently.

If you suffer any loss or damage, because of our negligence and/or our breach of these terms, our responsibility to you will be limited to twenty-five thousand pounds (£25,000) for each event that causes you loss or, if there are many connected events that cause you loss, our responsibility will be limited to twenty-five thousand pounds (£25,000) in total for these events.

We will not, under any circumstances, be responsible for any financial loss or damage (for example loss of profit, income, business, contract or goodwill) or any loss which, when we agreed these terms with you, we would not reasonably have expected would happen even if we, our employees or contractors, did not follow these terms.

If our contractors cause you any loss or damage, we will only be legally responsible to you for the amount we are entitled to recover from the contractors on your behalf.

Each paragraph of this section applies separately and will continue to apply even after these terms have ended. If a court or other authority tells us we cannot rely on a certain paragraph, the other paragraphs will still apply.

34. Changing these terms

We may change these terms and our fees at any time (unless we have agreed otherwise with you). We will let you know in writing (which may include by letter, email, with your statement or by an alternative method if this is simpler) if we make a change.

Sometimes we may need to make changes to our fees or these terms which are outside of our control (for example to meet legal, regulatory, tax or financial requirements). If we need to make changes for these reasons, we will let you know as soon as we can, but we will not have to meet the timescales detailed above and you will not be able to end any affected service before the end of the minimum term without charge.

If we raise your fees or make a change to these terms that puts you at a material disadvantage and such change isn’t required by law or regulation, we will let you know in writing (which may include by letter, email, with your statement or by an alternative method if this is simpler) at least 30 days before the change. Such price rises or changes will not affect you if on or before the day that the price rise takes effect, you tell us that you want to end the affected service.

35. How to complain

We are committed to providing excellent customer service and endeavour to deal with any complaint fairly and within a reasonable timeframe. However, should you remain dissatisfied with any aspect of the services, you should follow our Complaints policy at www.purplefrogproperty.com/contact-us/not-happy  and we will try to resolve your complaint as soon as possible.

We are a member of The Property Ombudsman who offer a free, impartial and independent service for resolving complaints. If you are not happy with how we have resolved your complaint or if eight weeks have passed since you first complained and the issue remains unresolved, then you may contact them at:

Post: The Property Ombudsman, 45 Milford Street, Salisbury SP1 2BP

Telephone: 01722 333306

Fax: 01722 332296

Email: admin@tpos.co.uk

36. Personal information

You agree we may use your personal data to provide the services and in accordance with our Privacy Policies at www.purplefrogproperty.com/privacy.

You are required to comply with The General Data Protection Regulation (GDPR). This includes, but is not limited to, maintaining a registration with the Information Commissioners Office (ICO), adopting Data Protection Policies which set out how you will comply with the GDPR, and issuing a Privacy Notice to all of your tenants explaining how you will hold, use, share and dispose of their data.

You agree to adopt the Data Protection Policies listed below or provide copies of your own policies to Purple Frog within 30 days.

Data Protection Policy: https://www.purplefrogproperty.com/landlord-data-protection-policy/

Privacy Notice: https://www.purplefrogproperty.com/landlord-privacy-notice/

Security Access Policy: https://www.purplefrogproperty.com/landlord-security-access-policy/

Disposal of Removable Storage: https://www.purplefrogproperty.com/landlord-disposal-of-removable-storage-media/

Where Purple Frog find tenancy who sign tenancy agreements for your properties, Purple Frog will issue the above Privacy Notice to those tenants by email.

37. Contacting each other

You may contact us (at any time) by sending an email, or (during our working hours) by calling our telephone number (both as set out on our website). Any important communications (including any formal notices) should be sent by post to: Notice Team, Purple Frog, 47 Calthorpe Road, Birmingham, B15 1TH.

We will contact you on the email address as supplied on your order form. Any important communications (including any legal notices) which we need to send to you will be sent by post to the postal address supplied on your order form.

38. General

All communications with you may be recorded for training and quality control purposes.

The laws of England and Wales apply to these terms and any disputes will be settled in the courts of England and Wales.

All intellectual property rights in the services are owned or licensed by us and you have no right, title or interest in such intellectual property rights.

You cannot transfer any of your rights or responsibilities under these terms to another person without our written permission. We can transfer all or any part of these terms without your permission.

If, at any time, you do not keep to any part of these terms and we do not respond, this does not mean that we will not act in the future. For example, if we don’t immediately act to ask you for money that you owe us, this will not stop us from doing so in the future.

The terms set out the entire agreement for the provision of the services between you and us and supersede any previous agreements or understandings between you and us.

These terms shall not confer any benefit on a third party under the Contracts (Rights of Third Parties) Act 1999.

We may, without notice and at any time, set off any liability of you to us against any liability of us to you, whether either liability is liquidated or not, present or future, or arises under these terms or otherwise. Any exercise by us of our rights under this paragraph will not limit or affect any other rights or remedies available to us under these terms or otherwise.

All amounts due under these terms shall be paid by you to us in full without set off or counterclaim.

If a court or other authority tells us a part of these terms is not valid, the rest of the terms will not be affected.

We will not tolerate violence, physical aggression or verbal or written abuse towards our staff or contractors and may take legal action and/or refer any such behaviour to the police.