1.1 The minimum term is 6 months with a rolling 6 months contract following the anniversary.
1.2 Cancellation period is 3 months within a 6 month term.
Applying landlord, tenant and contractor fees
2.1 Any manual fees that need to be applied must be sent to your agentPay success manager before 3pm.
2.2 You and not agentPay, are solely responsible for checking and ensuring your charges (e.g. management fees, landlord setup fees, and all other fees types) are present and correct. agentPay cannot be held liable for claims due to incorrect or missing charges.
Landlord & Contractor Payments
3.1 You have full control for pausing payments and you, not agentPay, are responsible for monitoring pause payments.
3.2 You, not agentPay, are responsible for checking the accuracy and amounts entered for the payment files are correct. agentPay cannot be held liable for claims due to incorrect financial payments or bank account details.
3.3 You and not agentPay are responsible for money which has been cleared and paid, and then subsequently clawed back. agentPay cannot be held liable for claims due to funds clawed back.
3.4 agentPay does not automatically monitor duplicate contractor invoices. You are responsible for checking and submitting contractor invoices that are to be paid are correct.
3.5 Payments using agentPay epdq service or payment initiation app that are clawed back by the payee or their card issuer must be paid back immediately.
Tenant Rental Payments
4.1 You, and not agentPay, are responsible for rental and other payments made by tenants and companies.
4.2 You and not agentPay are responsible for money which has been cleared and paid, and then subsequently clawed back. agentPay cannot be held liable for claims due to funds clawed back.
4.3 If the agentPay online debit and credit card feature is used by a tenant, landlord or contractor. You and not agentPay are responsible for money which has been cleared and paid, and then subsequently clawed back. agentPay cannot be held liable for claims due to funds clawed back.
4.4 AgentPay make contact with tenants on your behalf via, and cannot be held responsible for damages relating to the contact with and collection of rents from tenants.
4.5 Payments using agentPay epdq service or payment initiation app that are clawed back by the payee or their card issuer must be paid back immediately and before 5:00pm cut off of the same day. Failure to pay the clawed back funds will results in suspension of agentPay, agentPay service and agentOS, this is to ensure the agentOS client account receiving the epdq payments and claw backs reconciles and complies with our legal client account obligations.
4.6 For epdq payments over £3,000, an electronic copy providing proof that you have permission from your customer must be sent to agentPay before the funds can be released and transferred to your client account. This is to protect you and agentPay from your customers claiming you or we did not have permission to take the payment and claw back the funds. AgentPay will store a copy of this permission on the companies risk register and person record on agentOS.
5.1 agentPay cannot guarantee the accounts will be reconciled on the same business day and is subject to access and disruptions from the online and opening banking systems.
5.2 AgentPay cannot guarantee the accounts will be reconciled on the same business day where electronic bank statements sent by you to agentPay are not received by the agreed time deadline.
5.3 Where you upload bank statements, agentPay does not monitor or is responsible for the consequences of bank statements not being uploaded into agentOS.
5.4 You, not agentPay, are responsible for checking the accuracy of reconciling a financial transaction entered on the service software within 31 days of the transaction entry date. agentPay cannot be held responsible for inaccuracies after 31 days.
6.1 You, not agentPay, are responsible for ensuring tenants deposits are correctly and accurately registered with the assigned deposit scheme.
6.2 agentOS cannot be held responsible for any losses, fines or convictions due to the exports or uploads to a deposit scheme.
6.3 You are responsible for checking any transactions that take place within the software are correctly registered with the deposit scheme provider.
Emailing and SMS of Correspondence, Statements & Invoices
7.1 While all efforts are taken to ensure emails and SMS are delivered, agentPay is not responsible for the delivery of electronic statements, invoices of rent chase correspondence.
8.1 If you have agreed to the agentPay service, this will be subject to these terms the service levels agreed by you and agentPay. Detailed in a separate in the Service Level Agreement (SLA).
8.2 Under the agentPay service SLA, and subject to being agreed to, you may grant agentPay limited access to your client account internet banking and BACS software. You, not agentPay, are responsible for checking the accuracy and amounts entered for the payment files are correct. AgentPay cannot be held liable for claims due to incorrect financial payments.
8.3 If the agentPay service SLA includes rent chasing, agentPay make all contact with tenants, guarantors and third parties associated with the collection of rent paid by tenants, on your behalf, and cannot be held responsible for damages relating to the contact with and collection of rents from tenants, guarantors and third parties.
8.3 If the agentPay service SLA includes printing and posting;
- AgentOS is not responsible for the delivery of documentation items. Items will be sent by Whistl and Royal Mail.
- You, not AgentOS, are responsible for the accuracy and contact information of documentation items sent.
- You, not AgentOS, are responsible for authorising documentation items in agentOS intray that need to be sent.
9.1 Payment terms are monthly in advance and payment must be by Direct Debit.
9.2 The charge is by active rent collect tenancy active in the software per month. Tenant find/let only tenancies will be a one off charge for a new tenancy or renewals/extensions.
9.3 Payments not paid by Direct Debit will be subject to a 10% administration and cover banking expenses fee.
9.4 In the event of a Direct Debit payment not being process or is cancelled, agentPay will contact you to check there has been not technical error and take a manual payment
9.5 If payment is not made 3 business days after payment was due the Service will be deactivated until a Direct Debit mandate is completed or full payment has been made.
10.1 You may not access the Service if you are a direct competitor of agentPay.
10.2 If you issue a direct competitor the login and access to agentPay and its associated technology, then you are liable for unlimited damages and compensation caused by the granting of access to an agentPay competitor.
11.1 You are responsible for all activity occurring under your User accounts (logins) including changing bank account details
11.2 You shall notify agentPay immediately of any unauthorized use of any password or accounts or any other known or suspected breach of security or data protection within 24 hours as set out by your obligations under GDPR.
11.3 You may not allow any third parties access to agentPay other than your accountants/auditors.
11.4 agentPay will from time-to-time upgrade and modify, the software, as a user to the service, you must accept the upgrade or modification.
11.5 agentPay cannot be held responsible for any losses due to bugs or errors in the software. You are responsible for checking any transactions that take place within the software and to make sure that bank account payments are correct.
11.6 agentPay reserve the right to limit, suspend or discontinue aspects of the software in the event of security breach. We will give reasonable notice of the limiting, suspension or discontinuing, and agentPay cannot be held responsible or liable for any loss or damage suffered by you, whether direct, indirect or consequential.
11.7 You, not agentPay, are responsible for ensuring you have permission, license and abide by your membership requirements of governing bodies (not limited to) RICS, ARLA and PropertyMark.
11.8 You, not AgentPay, are responsible for the accuracy and contact information of correspondence sent.
11.9 Emails and SMS will be sent after 3pm every business day, and you, not AgentPay, are responsible pausing any payments or rent chasing.
Full access, delegate access and no access to bank accounts
12.1 You are required to provide a method for agentPay to make a transfer to the agentPay BACS account for your landlord payments. The options are full access, delegate access or no access.
12.2 With full access to your client account, agentPay will setup and authorise the payment transfer.
12.3 With delegate access to your client account, agentPay will setup the payment transfer for you to authorise.
12.4 With No Access, agentPay will notify you of the sum to be transferred, and you are responsible for setup and authorisation of the landlord payment.
12.5 With Delegate Access and No Access, you, and not agentPay are responsible for authorising the transfer on the day of the request.
12.6 BACS payment funds paid immediately once funds transferred have cleared before 3pm. If there is a delay, pay/in you landlords account next morning.
12.7 agentPay is acting as an agent of Truelayer, who is providing the regulated account information service (open banking connection), and who is authorised by the FCA as an authorised payment institution (reference number: 793171)
12.8 You shall indemnify and keep indemnified TrueLayer from and against any and all losses, liabilities, costs (including legal costs and VAT), charges, expenses, actions, procedures, claims, demands and damages (including the amount of damages awarded by a court of competent jurisdiction) suffered and/or incurred by TrueLayer Account Information Services and Payment Initiation Service.
Providing agent OS Client Bank Account
13.1 The agentOS Client Account service Terms and Conditions apply, please refer here
13.2 Where agentPay provides a client bank account as part of the agentPay service;
13.2.1 agentPay provided a FCA approved agentOS Client Account as part of the agentPay service which includes request for payments app and faster payments function.
13.2.2 Tenant deposits paid into the agentOS client account will be transferred to your nominated approved Client Money Protection Scheme once the funds have been cleared and reconciled (if applicable).
13.3 agentOS Client Accounts fees and charges are in addition to the price per tenancy.
13.4 In the event of you cancelling your contract with agentPay and subject to term 1.1, the agentOS Client Account would still be available with agentOS, subject to agentOS and agentOS Client Account terms and conditions.
14.1 All employees of agentPay are DBS checked on an annual basis.
14.2 In the unlikely event of an agentPay employee acting dis-honestly or criminally, agentPay will cover the the loss of money to a maximum limited of £10,000.
Transfer of Undertakings (Protection of Employment) Regulations (TUPE)
15.1 agentPay is a technology service provision and the activities are fundamentally not the same as in house client accounting performed by a member of staff.
15.2 Transfer of employment to agentPay does not apply and any employee whose role is client accounting will remain your employee.
16.1 You, not agentPay, shall have sole intellectual property ownership or right to use of your Customer Data that you have entered, and are responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of that data.
16.2 agentPay is not responsible or liable for the accuracy, deletion, correction, destruction, damage, loss or failure to store any Customer Data. You are responsible to register and comply with all Customer Data regulations, including General Data Protection Regulations (GDPR).
16.3 In the event this Agreement is terminated (other than by reason of a breach of this agreement), AgentPay does provide a data hosting subscription which will meet your HMRC legal requirement of holding onto financial records for 7 years.
16.4 In the event this Agreement is terminated (other than by reason of a breach of this agreement), AgentPay are able to provide data in excel file of your customer’s data, but does not include the historic financial transactions (you would require data hosting to access the data).
16.5 agentPay reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, your non-payment.
16.6 If you terminate your service and fail to pay for data hosting service, agentPay will delete your data 90 days after the confirmed termination and/or switch off date.
16.7 agentPay reserves the right to report on trends of your data.
16.8 In the event of a data breach by the client, not agentPay, you are responsible for notifying your customers of the data breach.
16.10 Data hosting subscription is a minimum 24 month contract from the day after the software subscription ends. Three months notice is required to end data hosting subscription after the initial 24 month data hosting subscription period.
17.1 agentPay services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications.
17.2 agentPay is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Modification of Terms
18.1 agentPay reserves the right to modify the terms and conditions of this agreement or its policies relating to the service at any time, effective upon posting of an updated version of this agreement on the service.
18.2 You are responsible for regularly reviewing this Agreement.
18.3 Your continued use of the Service will be deemed acceptance of these terms and conditions and any amendments made to them from time to time.
18.4 From time to time agentPay may offer you access to new services (such as Referencing or Check and Find Owner services). You will be notified of additional terms relating to such new services and any use by you of the new service shall be deemed acceptance by you of such additional terms.
Governing Law and Jurisdiction
19.1 This Agreement will be governed by English and Welsh law and both parties agree to be bound by the exclusive jurisdiction of courts in England and Wales.
19.2 agentPay will act only on written instructions of the data controller (you), as agentPay is the data processor unless instructed to by law.