Terms and Conditions
1.1. The term ‘we’ when used will refer to Mytoor Ltd
1.2. If the term client or instructing principle is used in the following terms and conditions, it will be in reference to the Estate Agents, Letting Agents, Property management companies, Landlords and Tenants or any other third party contractor to whom service is provided.
1.3. Mytoor Ltd are an independent property inventory service and virtual tour provider.
Provision of services
2.1. If the client appoints an instructing principle as their representative to commission Mytoor Ltd for any type of service, it is the responsibility of the instructing principle and not that of Mytoor Ltd to make the client aware of these terms and conditions of business.
2.2. Mytoor Ltd do not accept or recognise a plea of ignorance by either the instructing principal or that of the client.
Inventory/Inspection Services
3.1. The reports prepared by Mytoor Ltd are intended as an independent, fair and accurate record of the décor, fixtures and fittings and furniture, which compose the internal content of the property, the condition of these items and the internal condition of the property. The report enables items to be visually identified only; no attempt will be made to ascertain the original manufacturer or period in which an item was produced. The report is no guarantee of the adequacy, or safety of all/any furniture, equipment and contents, merely a record that they exist in the property and the time the report is carried out.
3.2. The inventory clerk preparing a report is not an expert in buildings, furnishings, decorations, woods, antiques or a qualified surveyor. Any report provided by Mytoor Ltd should under no circumstances be used as a structural survey report.
3.3. Mytoor Ltd representative cannot undertake to move heavy items of furniture or to make searches in inaccessible locations such as loft spaces, cellars, locked rooms and high level cupboards, or to unpack items. Mytoor Ltd representatives reserve the right not to handle or move items deemed to be fragile or valuable. In addition, the inspectors reserve the right not to handle items that may be of a health hazard and to generalise/summarise on such items deemed to be unsuitable for further inspection.
3.4. Items left in inaccessible places, lofts, cellars or in any areas behind locked doors will not be listed and/or inspected and are the sole responsibility of the client.
3.5. It is important to note that any contents must be situated in their respective rooms as specified in the check in report upon termination of the tenancy. Failure to do so will result in delay on appointment.
3.6. Any plants, cleaning materials, food and drink goods and spare light bulbs are considered perishable items and will not be listed on a report. Mytoor Ltd will not undertake to list any large number of books, Cutlery, CD’s and/or DVD’s individually.
3.7. Mytoor Ltd will attempt to test electrical appliances for power only and only when practical and safe to do so. All electrical items are deemed complete with fixings (plugs, flexes etc.) unless otherwise stated.
3.8. Utility meter readings will be read and noted at check-in and check out. It is the clients and/or instructing principle on behalf of the client responsibility to state the location of any such utility meters. If unaware of, unable to locate or has unreasonable access to meters, the meters will remain unread. Mytoor Ltd will not take water readings unless the meter is clearly visible within the property or attached to an exterior wall at low accessible level. Mytoor Ltd reserve the right to refuse to return to a property at a later stage on behalf of the client and/or instructing principle to read the utility meters.
3.9. The instructing principal and/or client are responsible for the security, heating, and plumbing and meter usage of the property both pre and post Mytoor Ltd service
3.10. It has to be accepted that any time lapse between the completion of the inventory report and the check-in and/or check out and subsequent check-in, cannot be independently verified by Mytoor Ltd. It has to be acknowledged that some alterations (any amount of damage, items removed or added) to the property may occur within this period.
3.11. Once Keys have been signed over to either client or principle agent, Mytoor Ltd cannot accept responsibility for any lost or unaccounted keys. Mytoor Ltd can and will endeavour to hand over keys at check ins wherever required to do so within a booking. This in no way makes Mytoor Ltd liable for the tenant or person that arrives at the property claiming to be or acting for the expected tenant. Mytoor Ltd representatives can ask for ID but Mytoor Ltd are still in no way liable for this being correct, appropriate or genuine, or them even having ID on them.
3.12. Mytoor Ltd has the right to amend any part of the service and/or pricing at their discretion in line with future market changes or updated legislation or deemed to be relevant by Mytoor Ltd. In the event of any such changes, all existing customers will be notified either in writing or verbally of said changes before any additional services are booked.
3.13. Where Mytoor Ltd are instructed to undertake a check out report based upon an inventory not carried out by us, no responsibility will be accepted if the quality of that report is not of our standard. If items are not described fully or omitted entirely if defects or cleaning issues are noted no charges will be levied to the outgoing tenant.
3.14. Mytoor Ltd representatives do not check gas or electrical appliances and give no guarantee with regard to the safety or reliability of such items. It should be noted that Mytoor Ltd representatives are not required to inspect smoke or carbon monoxide alarms, testing such alarm ‘test functions’ may occur. However, this is no guarantee, or report on, the adequacy of these alarms. It is merely a record that batteries were present (if tested) upon completion of the property report.
Virtual Tour Services
3.15. Mytoor Ltd will provide to client “Virtual Tour” services which is the undertaking of photographing a space using a Matterport 3D camera to produce a Matterport 3D virtual tour
3.16. A “Matterport Space” is a 3D model hosted on the platform of Matterport, Inc. (“Matterport”) that includes the following features: Inside mode, Dollhouse mode, Floor Plan mode, Property Description, Address, and Contact Information. It can be shared using a URL or embeded code.
3.17. Delivery: Mytoor Ltd will provide a URL and embed code (either Javascript or iFrame) for the completed Matterport Space(s). The client understands and agrees that all Matterport Spaces are hosted solely on Matterport’s platform.
3.18. Hosting: The hosting term is to be agreed with Mytoor Ltd and the client prior to the provision of services taking place. If there is no prior agreement in place Mytoor Ltd will provide a minimum of 1 months hosting services. Mytoor Ltd can “de-host” a space after 1 month of hosting a space without notice and it is the client’s duty to agree a hosting period with Mytoor Ltd which will be chargeable to the client.
3.19. Hosting Services: Matterport host all 3D services on a cloud based platform. The client recognises that the hosting on Matterport servers is out of the control of Mytoor Ltd.
3.20. Client Service Location Preparation: The client is required to prepare the Service Location in advance of our Virtual Tour services, including:
- Staging: Adjusting furniture and/or decor to its desired position
- Removing confidential or unwanted items
- Ensuring the Service Location is free of moving persons, pets or objects
- Informing Mytoor Ltd of any rooms or areas that should be excluded from Virtual Tour
Mytoor Ltd will require access to each room of the Service Location as a continuous tour, meaning all doors are required to be left open. Failure to comply may result in inadequate user experience for the tour.
Unless otherwise arranged, a Service Location that has not been properly prepared, in Mytoor Ltd sole discretion, will be considered unready and the date of Virtual Tour must be rescheduled. Mytoor Ltd shall not be responsible for the untidiness of any Service Location or for small alignment issues, mirror, window, glass, and reflective views. The client shall further ensure that the Service Location is accessible upon the day of Virtual Tour. The client or its representative shall be present at the Service Location at the time of the Virtual Tour to approve Service Provider’s interpretation of the Virtual Tour Services to be provided.
3.21. Intellectual Property
3.21a. Mytoor Ltd has (and our contractors, employees and agents) a non-exclusive, royalty free, non-transferable, worldwide and irrevocable licence to use the Client Content to the extent reasonably required to perform any part of the Services.
3.21b. The client warrants that our use of Client Content as contemplated by these terms will not infringe any third-party Intellectual Property Rights; and will indemnify us from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of such infringement or a claim of such an infringement.
3.21c. Mytoor Ltd does not grant to the client a non-exclusive, royalty free, non-transferable and revocable licence to use Mytoor Ltd IP and any Developed IP to the extent required for the client to use, any part or reproduce the Virtual Tour, unless a written agreement is in place. Mytoor Ltd has the right to pursue claims for any infringement to our IP.
3.21d. Unless otherwise agreed in writing by us, you will not acquire Intellectual Property Rights in any Mytoor Ltd IP under these terms or as part of receiving the Services.
Fees
4.1. All account holders / Agents are invoiced after the service is completed, invoices are sent at the end of each week for all services provided by Mytoor Ltd. Invoices must be paid with 7 working days of receipt unless otherwise agreed in writing by Mytoor Ltd.
4.2. It is the responsibility of the instructing principle commissioning services to pay all fees for services rendered to or on behalf of the client in accordance with the scale of fees.
4.3. An instructing principal shall pay all fees due as the result of services provided within the period agreed and stated on the presented invoice.
4.4. If the client is not represented by an instructing principle the client will pay all fees due prior to or at the date and time the services are to take place, failure to do so will result in the services not taking place.
4.5. Mytoor Ltd reserves the right in exercising our statutory right to claim interest (at 8% over the Bank of England base rate) and compensation for debt recovery costs under the Late Payment legislation, if invoices are not paid according to our agreed credit terms
4.6. In the event a Mytoor Ltd representative attends an appointment as commissioned by an instructing principle and/or client and the service cannot be carried out, whether or not this is due to circumstances beyond the instructing principle and/or client control, Mytoor Ltd reserve the right to charge an abortive fee at a rate of 25% of the full invoice amount.
4.7.In the event of any discrepancy caused by the instructing principal and/or the client, resulting in the service needing to be carried out again, the second or ‘new’ appointment will be treated separate to the prior and charged at full cost.
4.8. All reports generated by Mytoor Ltd and delivered via any type of medium remain the sole property of Mytoor Ltd until all fees are paid in full.
4.9. The completed inventory will be sent to the instructing party in PDF electronic format by email or through an online secure cloud or portal system. Hard copies available on request at a surcharge of £15 for 1 copy and £20 for 2 copies.
4.10. Any report created by Mytoor Ltd cannot be reproduced, replicated or amended by any other Agent or Inventory Company at a later date for any other purpose except with written consent from Mytoor Ltd. This does not mean the report cannot be reproduced by the agent or landlord / tenant from whom the instruction was originated for the purpose the document / service was intended.
Regulations
5.1. All regulations published by the Department of Trade and Industry / Trading Standards / or any similar parties are the responsibility of the instructing principle and/or the client.
5.2. Where Mytoor Ltd reports note that a/any certificate has been seen i.e. The Electrical Equipment Safety Regulations 1994, The Plugs and Sockets etc. Safety Regulations 1994, The Gas Safety Regulations 1994 etc., this should not be interpreted to mean any records can be authenticated by Mytoor Ltd an independent property inventory service provider. It is not a statement that an item can be considered to comply with the required regulations, merely a documented note that a certificate existed on the date the report was carried out.
5.3. Where the report notes ‘fire label seen’ this should not be interpreted to mean the item complies with the ‘Furniture and Furnishings’ (Fire, Safety & Amendments) 1993. It is a record that the item had a label as described or similar to that detailed, in the ‘Guide to the Furniture and Furnishings’ (Fire)(Safety) Regulations as published by Department of Trade and Industry, January 1997, (or subsequent edition), attached at the time this report was compiled. It is not a statement that the item can be considered to comply with the regulations.
Disputes and Complaints
6.1. Any circumstances allegedly giving cause for complaint about the services or invoice for services provided by Mytoor Ltd must be notified by the client and/or instructing principle on behalf of the client within 5 working days of the services being completed and/ or before any tenancy deposit/ bond is returned to the tenant.
6.2. Mytoor Ltd does not accept any responsibility for any error or omission of data within a report.
6.3. In the event of a dispute between clients and all fees have not been paid in full, any reports delivered by Mytoor Ltd services, remain the sole property of Mytoor Ltd and therefore cannot be used in any way without written permission.
6.4. Mytoor Ltd reserves the right not to attend court for any dispute arising out of a dilapidation assessment between clients if Mytoor Ltd representative did not attend the original check-in appointment or sign on behalf of the client.
6.5. Whilst every care will be taken at the time of the appointment, Mytoor Ltd do not accept responsibility for any accidental damage to the property, its contents, fixtures and fitting howsoever caused by the inventory clerk whilst undertaking the inspection.
Modifications of these Conditions of Use
7.1. Mytoor Ltd reserves the right to change the terms, conditions and notices at any time and such modifications shall be effective immediately upon posting of such changes. The client and/or instructing principle are therefore responsible for regularly reviewing these Terms and Conditions and additional terms or notices posted on Mytoor Ltd website. The continued access of this website shall be deemed the client and/or instructing principle conclusive acceptance of the modified agreement.
Limitation of Liability
8.1. In the event that the client and/or instructing principle give Mytoor Ltd instructions which are followed in good faith and which turn out to be unlawful or result in an unlawful act or otherwise give rise to any other claim, you will provide Mytoor Ltd with full indemnity for all penalties, damages, costs and legal expenses whatsoever which may occur as the result of following the instructions.
8.2. Whilst every care will be taken when conducting the inventory or check out report Mytoor Ltd cannot be held responsible for the breakdown of any tools of the trade such as dictating machines, mobile devices, tablet devices, cameras, smoke alarm testers.
8.3. Mytoor Ltd cannot be held accountable or liable in any way for any damage, negligence, loss of profits, loss of data or other intangible losses that arise from the provision of our services.
8.4. Mytoor Ltd will not be liable for any damages of any kind including, but not limited to direct, indirect, incidental, punitive and consequential damages.
8.5. Mytoor Ltd uses reasonable efforts to include accurate and up-to-date information on the website. Mytoor Ltd assumes no liability or responsibility for any typographical or other errors or omissions in the content of the site.
Disclaimer of Warranties
9.1. Mytoor Ltd website and related information is provided ‘on’ and ‘as is’ and ‘as available’ basis. Mytoor Ltd makes no express or implied warranties, representations or endorsements of any kind, or as to the operation of the website or the information, content, materials, or products included on the website. You expressly agree that your use of the website is at your sole risk.
9.2. To the full extent permissible by applicable law Mytoor Ltd disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose.
9.3. Mytoor Ltd does not warrant that the website, its servers, or e-mail sent from Mytoor Ltd are free of viruses or other harmful components.
Cancellation Policy
10.1. A full refund will be given providing we are advised that the booked appointment is cancelled 24 hours in advance of the booking
10.2. A cancellation charge of 50% will be deducted for booked appointments cancelled within 24 hours unless the booking is rescheduled within the following 14 days.
10.3. If an appointment is aborted on the same day due to keys being unavailable, cleaning or maintenance work still being carried out, tenant/landlord still packing or not fully moved out during the allocated appointment date and time scheduled, a cancellation charge of the full invoice amount will be applied.
Governing Law and Jurisdiction
11.1. This contract shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England
11.2. Any proceedings arising out of or in connection with this contract may be bought in any court of competent jurisdiction in England whose courts shall have exclusive jurisdiction.
Termination
12.1. On termination of the tenancy the check-in and/or inventory make report is checked again and any discrepancies and/or variations will be reported to the instructing principle and/or the client. The check out report will indicate, in the opinion of a Mytoor Ltd representative, as to whether there is any liability on the tenant, or whether such deterioration could be assessed as fair wear and tear. Fair wear and tear is determined on the length of the tenancy, the type of occupancy, the quality and durability of items, noting that certain items receive more use. Mytoor Ltd acknowledges that the contractual terms listed in the tenancy agreement may overrule the opinion of the assessor.
12.2. Mytoor Ltd does not accept the responsibility of any dilapidations and/or remuneration for any such dilapidations noted or not noted on the report.
Data Protection
13.1. Under the GDPR (General Data Protection Regulation) Mytoor Ltd control and / or process any personal information about clients and/or instructing principles electronically using the following lawful bases.
13.2. Mytoor Ltd are registered with the ICO under the Data Protection Register, our registration number is: ZA382794.
13.3. Mytoor Ltd collect the following customer information when contacting us. This is used for contact and billing purposes and is not shared with any third parties (1. Name; 2. Email address; 3. Phone number; 4. Collected company Information).
13.4. Mytoor Ltd collect the following company information when creating an account. This is used for contact and billing purposes and is not shared with any third parties (1. Company name; 2. Company Address; 3. Collected Property information).
13.5. Mytoor Ltd collect the following property information when creating a booking. This is used to carry out the required property visit for the report and for billings and is not shared with any third parties (1. Property Address; 2. Type of property; 3. Number of bedrooms; 4. Property furnished state; 5. Name of person making the booking; 6. Location of keys to be collected; 7. Location of meters; 8. Any notes about the booking).
13.6. The information Mytoor Ltd collect is only used to carry out the jobs for which Mytoor Ltd have been instructed. Mytoor Ltd keep this information on file in order to prove the instruction for accounting purposes according to HMRC guidelines.
13.7. Mytoor Ltd do not share this information with any third party for marketing or any other purpose.
13.8. Mytoor Ltd use the tenant, landlord, lettings branch, clients and/or instructing principles and property information when undertaking the following services: – (1. Property Inventory Reports; 2. Check In Reports; 3. Interim Check Reports; 4. Check Out reports; 5. Property photographs).
13.9. Mytoor Ltd through our third party software use standard Server Side Encryption (SSE). With SSE, every protected object is encrypted with a unique key. This object key is itself encrypted by a separate master key. A new master key is issued at least monthly. Encrypted data, encryption keys and master keys are stored and secured on separate hosts for multiple layers of protection.
13.10. Mytoor Ltd through our third party software servers provide a Secure Sockets Layer (SSL) certificate with unique IP. To avoid distribution denial of service (DDoS) attacks, managed firewalls with a multi-tiered approach to network security are in place to prevent the risk of a security compromise. Photos with sensitive user information (right to rent; passports/photocards etc.) are stored in a private (non public) s3 bucket.
13.11. Mytoor Ltd store data of the reports we undertake on our client hub which each assigned user have access to (hub.mytoor.co.uk). We also store pictures of the properties for future reference (i.e. Check In photos are stored until we do a Check Out of the same property for the same tenant).
13.12. Mytoor Ltd retains the right to terminate access to the hub (“hub.mytoor.co.uk”) for any client who has not initiated contact or provided instructions to us for a continuous period of 3 months. Mytoor Ltd will continue processing client and/or instructing principal information under this condition until either we receive explicit withdrawal consent or determine that your consent is no longer valid.
Furthermore, please note that reinstatement of access to the hub may be subject to a reinstatement fee, as it incurs costs to maintain.
It is imperative to emphasise that the hub serves solely as a placeholder for reports and related data. Clients are strongly advised to download and save all reports locally to ensure their accessibility. Mytoor Ltd assumes no responsibility for the long-term storage of reports on the hub, and any loss of access to reports due to inactivity or data removal is beyond our liability.
In compliance with GDPR regulations, it is crucial to understand that in some cases, data is completely and irretrievably deleted from our systems to ensure data protection and compliance with legal requirements.
Access to website, Passwords and Restricted Security
14.1. Access to certain areas of our website is restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
14.2. If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
14.3. You accept responsibility for all activities that occur under your user ID or password. We may disable your user ID and password at our sole discretion OR if you breach any of the policies or terms governing your use of our website or any other contractual obligation you owe to us.
By entering our website or contacting us via any method, you are agreeing to our terms and conditions, in full, as above.