Terms and Conditions for agentOS software, APP's and API connections

AgentOS will provide you with use of the software as a service, including a browser interface and data encryption, transmission, access and storage of data, agentOS App and API connections. Your registration for, or login in, or use or payment of invoice, the software as a service shall be deemed to be your acceptance to abide by this Agreement (Terms and Conditions) including any materials available on the agentOS website.

AgentOS ‘GDPR and Privacy Policy forms part of these terms which can be found here.

“Agreement” means these Terms and Conditions.

“You” or “Client” means you, the person who signed the proposal agreeing to these terms as a estate and letting agent sole trader or a representative of a limited company or partnership.  In addition means the person or estate and letting agent sole trader or a representative of a limited company or partnership who paid the last agentOS invoice.

“Service” means the software https://login.agentos.com

”AgentOS Software” means the software accessed via https://login.agentos.com and the APPs

“Concurrent Users” means the number of simultaneous users accessing the service.

“API Service” means the API service supplied via https://live-api.letmc.com/

“Outsource” & “agentPay” means the activities outsourced from you to agentOS and agentPay. 

“Subscription” refers to the type of monthly subscription that is limited to use by a single branch and defined numbers of users.

“User” means a staff login account on https://login.agentos.com

“AgentOS” refers to the business AgentOS (previously branded as LetMC & LetMC.com) owned by agentOS Proptech Group Ltd. 

“AgentPay” refers to the business AgentOS owned by agentOS Proptech Group Ltd. 

“AgentOS Client Account” refers to the business AgentOS owned by agentOS Proptech Group Ltd. 

“AgentWatch” refers to the business AgentOS owned by agentOS Proptech Group Ltd. 

“AI Email” refers to the use of Amazon Claude AI chatbot for reading, summarizing, and drafting recommended replies to emails within the agentOS software.

“API Service” refers to the API (Application Programming Interface) service supplied via https://live-api.letmc.com/

“Monday to Friday” excludes all national holidays and the period between Christmas day and New Year’s day.

"Payagent" & "Payment App" refers to the payment app for sending requests and receiving payments by open banking or card transactions.

Minimum Terms

1.1 The Minimum Term is 24 Months.

1.2 The earliest the contract can be ended is 3 months from the expiry of the 24 month term, including automatic 24 month extensions as set out in term 1.7.

1.3 3 months notice must be received in writing on company headed paper and acknowledged by a cancellation letter from AgentOS to end the contract. Upon giving the notice to end a contract the final 3 months of the subscription charges will become due in full. 

1.4 In the event of giving three months notice, if an extension is required after the contract end date, only 1 calendar month extension will be permitted upon request. 

1.5 In the event of requiring full access after giving 3 months notice period and permitted 1 month extension, a new 12 month full subscription will apply.  This is due to AgentOS purchasing Amazon AWS services upfront per annum based on number of companies and users, which contributes to AgentOS keeping subscription charge lower.

1.6 Failure to confirm cancellation will result in a continuation of the monthly licence fee. 

1.7 AgentOS will automatically continue a new 24-month contract after the initial minimum 24-month term and will not seek a resigning of a contract. You, not agentOS, are responsible for ending the contract as of conditions set out in term 1.2 and 1.3.

Payment Terms

2.1 The agentOS software subscription fee is monthly in advance and payment by Direct Debit. 

2.2 The agentOS software will not be activated until a Direct Debit mandate is completed and signed by you.

2.3 The agentOS pay as you go services such as land registry and AML checks are monthly in arrears and payment must be by Direct Debit.

Trial Periods

3.1 Access to the agentOS software trial accounts are for 14 working days and can be extended upon request.

Telephone Support Availability and Cost

4.1 Available from Monday to Friday 9:00am to 5:00pm. 

4.2 Telephone support is included in the monthly subscription fee and limited to the number of active users.

Live Chat, Video Chat and Email Support Availability and Cost

5.1 Monday to Friday 9:00am to 5:00pm. Live chat, video calls and email support is included in the monthly licence fee. 

Training

6.1 Training can take place, subject to availability and agreed costs (if applicable)

• in person at agentOS Cardiff office between Monday to Friday 10:00am to 4:00pm
• In person at your office between Monday to Friday 10:00am to 3:00pm
• online via google meeting 

6.2 Charge training is payable in advance. 

6.3 AgentOS require 3 days notice to cancel training, failure to notify will result in no refund being issued. 

6.4 Additional training days will be charged at the agreed daily rate. 

agentPay and agentPay Service

7.1 Full terms and conditions can be found here

Documentations, Tenancy Agreements & Brochures

8.1 You, not AgentOS, are responsible for, and monitoring of the accuracy and legal compliance of all paperwork generated by the software.

8.2 Your agentOS subscription included with the initial setup the building of tenancy agreements and brochures.

8.3 Any ongoing amendments to tenancy agreements and brochures can be created or amended by you, or if you require one of our developers to build new tenancy agreements or brochures this will cost £35 + vat administration fee per document. Additional or extensive changes can incur additional fees depending on the time required to implement these changes.

8.4 Any ongoing amendments to letters can be created or amended you, or if you require one of our developers to build one this will cost £15 + vat administration fee but may incur extra charges depending on the time required to build the document. 

8.5 If you choose to not edit your own Microsoft Document templates, amendments or modifications to Clients documentation need to be submitted electronically in Microsoft Word format with all amendments clearly marked. AgentOS aims to complete all requests within 10 working days, subject to demand.  

Subscription Fee

9.1 AgentOS grants you a non-exclusive, non-transferable, worldwide right to use the software as a service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by agentOS. 

9.2 The subscription fee starts on the day agentOS issue your logins by email or one calendar month from the signing of your contract, whichever is the sooner. 

9.3 Request for additional users above the agreed limited set of the subscription will be charged at a set monthly rate per user.

9.4 You, not agentOS are responsible for managing and deactivating user logins and agentOS will not issue user subscription refunds.

9.5 AgentOS reserves the right to amend the subscription fee, to which we will give you a minimum of 2 months notice.   The notice will be provided by a generic news letter email and an email to the billing contact. There will be no more than one amendment per 12 month period to the standard subscription fee. This 12 month minimum period excludes any increases in users fee and pay as you go items.

Subscription Upgrade

10.1 AgentOS will automatically monitor your user limits. 

10.2 If you are one the Starter subscription, when you activate the fourth (4) user agentOS will automatically upgrade you the the Professional subscription.  AgentOS will bill you the cost of the corresponding Subscription from that point in time onwards. 

10.3 If your user numbers reduce, the Professional Subscription will not be automatically downgraded. 

10.4 There is no downgrade option once you upgrade to the standard level subscription.

Restrictions

11.1 You may not access the Service if you are a direct competitor of AgentOS, except with AgentOS prior written consent. 

Your Responsibilities

12.1 You are responsible for all activity occurring under your User accounts (logins). 

12.2 You shall notify AgentOS 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.

12.3 You may not allow any third parties access to AgentOS. 

12.4 AgentOS will from time to time upgrade and modify, the software, websites, SOAP services and API service. As a subscriber to the service, you must accept the upgrade or modification. You are responsible for monitoring upgrade release notes and technical specifications and assess the impact these changes have on your business and websites. agentOS is not responsible for the cost of implementing changes due to the impact of the upgrade or modification. 

12.5 agentOS 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. 

12.6 You, not agentOS, are responsible for ensuring the client accounting information reconciles to your client account bank account. 

12.7 AgentOS reserve the right to limit, suspend or discontinue aspects of the software, websites, SOAP services, API service or any other services provided. We will give reasonable notice of the limiting, suspension or discontinuing, and AgentOS cannot be held responsible or liable for any loss or damage suffered by you, whether direct, indirect or consequential.

12.8  You, not AgentOS, are responsible for ensuring tenants deposits are correctly and accurately registered with the assigned deposit scheme. AgentOS cannot be held responsible for any losses, fines or convictions due to the exports or uploads to a deposit scheme. You are responsible for checking any transactions that take place within the software are correctly registered with the deposit scheme provider.

12.9 You, not agentOS, are responsible for ensuring you have permission and license to use ARLA and PropertyMark legal notices, tenancy agreements and standard letters. agentOS cannot be held responsible for any losses, fines or convictions due to unauthorised use of ARLA and PropertyMark legal notices, tenancy agreements or standard letters.

12.10 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)

12.11 You shall indemnify and keep indemnified TrueLayer (open banking software supplier) 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.

12.12 You, not agentOS, are responsible for checking that all bank statement entries imported by open banking and are correct.  AgentOS can not be held responsible for your Bank changing business day cut off time, presenting duplicate transactions, presenting ghost transactions and presenting pending transaction as a cleared transaction.

12.13 You, not agentOS, are responsible for checking open banking payments and ensuring another user is not making the payment at the same time causing the possibility of making the same payment twice.

12.14 AgentOS Proptech Group Ltd is registered as a PSD agent with the Financial Services Register, reference number 850923

Text Messaging and SMS service

13.1 AgentOS provide as standard a Pay As You Go send only text message service which is part of the automated marketing function, you are responsible for switching this off per record.

13.2 If an SMS account is assigned a send and receive SMS virtual number if there is no activity for 28 consecutive days the service will be automatically deactivated. To reactivate the SMS service please contact AgentOS in writing. 

13.3 You will be responsible for the volume, use, cost and content of each SMS message sent. SMS are charged by a 160 character limit per message (a charge structure set by Esendex, the SMS provider). A message sent that is over 160 characters, is subject to additional SMS charge per additional 160 character blocks.

Data

14.1 You, not AgentOS, 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.

14.2 AgentOS 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).

14.3 In the event this Agreement is terminated (other than by reason of a breach of this agreement), you will have access to the standard reports generated on AgentOS that can be exported into Microsoft Excel data files for the notice period of your termination. AgentOS does provide a data hosting subscription which can be provided upon request prior to the notice period ending.

14.4 In the event this Agreement is terminated (other than by reason of a breach of this agreement), AgentOS are unable to provide a Microsoft Excel data file of your customer’s bank details. This is due to the security risk of the software generating a single file with banking information that could be misused. You would be required to enter those detail manually into any follow-on software system.

14.5 In the event this Agreement is terminated (other than by reason of a breach of this agreement), AgentOS are unable to provide a mass export of stored documents or images. You would be required to individually download the documents or downgrade to our data hosting subscription.

14.6 Recorded identification numbers and financial transaction numbers automatically generated by AgentOS Software is AgentOS generated data and are not available for reporting or exporting.

14.7 After giving significant notice of not more than 90 days, agentOS reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, your non-payment.

14.8 If you terminate your service and do not continue with data hosting subscription, agentOS will delete your data 90 days after the confirmed termination and/or switch off date to comply with GDPR legislation.

14.9 AgentOS reserves to right to create statistical analysis data on your and other clients data for marketing purposes.  AgentOS will only reference the data agentOS has created such as trend, average values etc and never specifically reference your data.

14.10 In the event of a data breach by the client, not agentOS, you are responsible for notifying your customers of the data breach.  

14.11 agentOS is not responsible for completing GDPR forms, surveys or questionnaires. agentOS have provides all GDPR information in the ‘GDPR and Privacy Policy’ statement that is on the agentOS website.

14.12 In the event of your customer making a request for a copy of the data you hold on them (data portability) beyond what is available on the GDPR portal.  agentOS charge a software query GDPR fee per request, as Amazon AWS charges for additional database queries and export which is beyond the normal software subscription service.  This fee is currently £9.99 + vat.

14.13 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.

Invoicing and Renewal

15.1 agentOS charges and collects in advance for use of the Service by direct debit.

15.2 agentOS will automatically renew your subscription and invoice you each month.

15.3 agentOS fees are exclusive of VAT. VAT will be charged at the appropriate rate. If you believe your invoice is incorrect, you must contact agentOS in writing within 30 days of the invoice date.

15.4 Any subscriptions not paid by direct debit will be subject to a ‘non direct debit payment admin fee’ of £10 pcm.

Late Payment, Suspension, Client Acquisition, Client Administration and Termination

16.1 In the event of a payment not being received or a Direct Debit payment not being process or is cancelled, agentOS will contact you to check there has been not technical error and take a manual payment.

16.2 AgentOS reserves the right to suspend your access to the Service and Outsource with immediate effect if there is no contact or payment is not made 3 business days after payment was due which is normally the 3rd of the month.

16.3 Once late payment has cleared or proof of payment has been received, service will be reinstated immediately. 

16.4 In the event of 2 months outstanding invoices for the agentOS services, then agentOS will withdraw the option of monthly payments and the remaining terms monthly fees will be due immeaditalty.

16.5 All set up and training fees must be paid for before login details will be sent and training sessions can be booked. 

16.6 If you are part of a franchise network, and your franchisor has negotiated and agreed to an agreement with AgentOS on service levels and/or pricing, AgentOS will inform your franchisor if a AgentOS invoice is not paid, Direct Debit fails or funds recalled. 

16.7 Payments not paid by Direct Debit will be subject to a 10% administration and cover banking expenses fee.

16.8 In the event of non payment of invoice, it is agentOS policy to not write the debt off.  In the event of an agentOS client or past client buying another agent using agentOS, on notification of ownership change either directly or by trade press agentOS will transfer the outstanding invoice to the acquired billing account.  Subject to terms 16.2 agentOS will immediately suspend access to the service of the acquired agent.

16.9 In the event of notification of administration proceedings of an agentOS client either directly, by trade press or official published notification, agentOS will suspend the service with immediate effect and the remaining subscription fee will be due immediately. 

Internet Delays

17.1 AgentOS SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS  INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. 

17.2 AgentOS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. 

Modification of Terms

18.1 AgentOS 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 AgentOS may offer you access to new services (such as Outsource and Referencing 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. 

Property Portal and Website Uploads 

19.1 AgentOS can provide Rightmove Real Time Feed, overnight FTP uploads or API (subject to portal provider coding to the API) portal feeds, and an API or FTP upload (Rightmove V2 BLM) to your website provider.

19.2 You, and not AgentOS, are responsible for checking daily that the data has been received by the website and property portal upload. AgentOS cannot be held responsible for the effects of data not being uploaded.

19.3 With each paying branch subscription, 4 property uploads.  The uploads include Rightmove Real Time Feed (Rightmove only), Advertised Properties API Tier and overnight BLM portal upload.  Any additional uploads or APIs that are required are subject to a £10 pcm property upload subscription to cover live and overnight server and data transmission costs charged by Amazon AWS service.

Third Party Cross Selling Applications and Documentation

20.1 AgentOS can provide you facilities for sending data to, and documentation for placing orders for third-party services. AgentOS cannot be held responsible for the accuracy of information, seeking permission from the Client to pass to third parties their personal data, or damages or compensation.

Marketing

21.1 From time to time AgentOS may use your company and logo for marketing purposes. 

21.2 If you do not wish your logo to be used in AgentOS marketing, please email [e-mail]. 

21.3 AgentOS will not pass your information or logo onto third parties without your consent. 

Websites

22.1 AgentOS charges a subscription fee for the website service. 

22.2 The setup fee is payable in advance and the hosting fee will commence upon the template being created and content added and the website link emailed to the Client. 

22.3 Any re-designs to the template will be charged at an additional template modification fee, text changes are inclusive of the monthly hosting fee. You, not AgentOS, are responsible for the content and accuracy of the website. 

22.4 AgentOS will own the distribution rights to the graphics. 

22.5 You will own the copy of the website. 

22.6 Meeting AgentOS criteria, AgentOS may provide you with the ability to login and modify narrative and functionality settings for websites. If the ability to login is provided, you acknowledge that any changes to the website cannot be undone or recovered.  

Business Continuity

23.1 AgentOS software application and websites are hosted on Amazon servers. 

23.2 In the event of a total physical failure of the main cluster of servers, the data will be recovered from the previous night’s data back-up and reinstated. 

Business Consultancy Service

24.1 AgentOS may provide a Business Analyst Consultancy service to assist the Client in structuring business processes to enhance business performance. 

24.2 If the commencement date for the Consultancy Service is not agreed in advance, the Services will be treated as having commenced on the date the Consultant begins to carry out any of the Services. 

24.3 The Client will ensure that the Consultant is provided in good time with all information needed to enable the Consultant to perform the Services and the Consultant will be entitled to rely on that information.

24.4 The Client will give all decisions and approvals in a timely manner and provide any additional assistance which the Consultant may reasonably request. 

24.5 The Consultant will exercise reasonable skill, care and diligence in the performance of the Services in accordance with the standards of the Consultant’s profession. 

24.6 The Consultant will also use reasonable endeavours to adhere to the programmes (if any) agreed with the Client for the provision of the Services, but will not be responsible for any delay which is due to reasons attributable to the Client or otherwise beyond the Consultant’s control.

24.7 Copyright in all drawings, reports, documents and computer-generated data prepared by the Consultant will remain the property of the Consultant. Subject to the Client paying all fees and expenses which are due, the Client will have a licence to copy and use those documents and data for any purpose related to the project for which the Services are provided, but not for any other purpose. 

24.8 The Consultant will designate an individual to act as the principal representative of the Consultant in dealings with the Client concerning the Services. The Consultant reserves the right to change that individual but will not do so without good reason and will inform the Client of any such change. 

24.9 The Consultant will have no other liability to the Client, whether in contract or in tort, for any loss or damage suffered by the Client, whether direct, indirect or consequential. 

Governing Law and Jurisdiction

25.1 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. 

25.2 AgentOS will act only on written instructions of the data controller (you), as AgentOS is the data processor unless instructed to by law.

AgentOS Marketplace and Applications Store 

26.1 By ordering marketplace items and apps via AgentOS.com Applications Store and / or https://login.agentOS.com and / or by email, you agree to these terms and conditions, no physical paperwork contract is created or signed. 

26.2 A minimum term of 3 months applies for ‘paid for’ apps. Starting from the first day of the calendar month after activating the app or switching on the paid for application through AgentOS control panel. 

26.3 Fees for the monthly apps will start on the first day of the calendar month, and AgentOS will collect the setup fee and monthly subscriptions by direct debit. 

26.4 Fees for pay as you go items, including but not limited to credit checks, land registry, signable, whistl and SMS are payable by direct debit with your monthly subscription. 

26.5 Marketplace data services is subject to limitation and delays due to connection changes beyond our control which would require a release cycle to re-establish the connection.  Marketplace subscriptions would still apply unless the connection is unavailable for more than 15 consecutive days.

AgentOS API Service

27.1 You understand that if you agree to give a Third Party Company permission to access your data via the AgentOS API service https://live-api.letmc.com/, the agreement only gives permission of access and does not relate to the use of your data by Third Party Company.

27.2 You confirm that you understand and have checked in detail the agreement you have entered into with Third Party Company, and their use of your data.

27.3 You agree, AgentOS cannot be liable for the use of your data by Third Party Company.

27.4 You confirm you are responsible for the accuracy of your data and have the necessary statutory data permissions (GDPR).

27.5 AgentOS grants you a non-exclusive, non-transferable, worldwide right to use the API Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by AgentOS.

27.6 The Minimum Term for API subscription is 12 Months, followed by 12-month rolling subscription.

27.7 The agreement can be ended with a 3-month notice in writing or email prior to the 12 month anniversary, and upon receiving notice, the final 3 months of the subscription fee will be due in full.

27.8 API Subscription Fee is applied per API Call set and the number of active branches. Please contact the sales team for up to date pricing.

27.9 The API Subscription Fee starts on the day AgentOS issue you the API key. API Subscription Fees are exclusive of VAT, and VAT will be charged at the appropriate rate.

27.10 You will be automatically charged for additional API call sets and additional active branches.

27.11 AgentOS confirms that you can instruct AgentOS in writing to cancel the API Key at any time and that it can take up to 24hours to cancel on a business working day.

27.12 If you request a second API key to access a different AgentOS client data, you become a Third Party Company who requires access and AgentOS API Service Terms and Conditions will apply, including subscription tiers and pricing.

27.13 If your Third Party Company has received an API key for another AgentOS client then they automatically become a Third Party Supplier and AgentOS will revoke the API key until they have agreed to AgentOS Third Party Supplier API Agreement.

27.14 You or your Third Party Company will not under any circumstances publish the API key publicly or within any of their code that can be viewed publicly. You accept that if AgentOS discovers that the API key is published we will revoke the API key with immediate effect. This is to protect you from other parties taking your data and to ensure you meet your obligations under data protection legislation.

27.15 You and your Third Party Supplier must notify AgentOS immediately of any unauthorised use of the API Key or any other known or suspected breach of security. You, not AgentOS will be responsible to notify your clients of the security breach as detailed under the GDPR regulations.

27.16 You may not allow any competitors of AgentOS access to the API Service, any breach of this condition will result in a claim of intellectual property rights infringements and damages for loss of business from you.

27.17 AgentOS reserve the right to terminate the service with or without cause with immediate effect.

27.18 API Service Technical Support is only available from Monday to Friday 10:00am to 4:00pm, excluding bank holidays and planned closures. Please contact [e-mail] and support requests will be subject to a maximum 48hrs response Monday to Friday.

27.19 AgentOS will from time to time upgrade, modify, limit and suspend the API Service. As a user of the API Service, you must accept the upgrade or modification. You are responsible for monitoring upgrade release notes and technical specifications and assessing the impact these changes have on your business.

27.20 AgentOS is not responsible for the cost of implementing changes due to the impact of the upgrade or modification.

27.21 AgentOS can at any time add, modify, limit and remove what data is available per API call group.

27.22 AgentOS cannot be held responsible for any losses due to bugs or errors in the API Service.

Credit Checking

28.1 “Client Customer” means your customer. For example an applicant, tenant, buyer, vendor, landlord, solicitor, estate agent, contractor or any customer to your business.

28.2 “Authorisation” means, as part of your credit checking process, You, not AgentOS, has permission to carry out a credit check on the Clients Customer.
28 3 “Applicable Regulations” means all and any statutory regulation relating to Client Customer and use of Credit Checking Data.

28.4 “Credit Checking Services” means access Credit Checking Data via third parties.

28.5 “Credit Checking Data” means the personal information provided by the Credit Checking Service within AgentOS on your Client Customer.

28.6 AgentOS grants to you a non-exclusive, non-assignable licence to use the Credit Checking Services in accordance with this terms and condition and the Applicable Regulations. 
28.7 You may only use the Credit Checking Services for the following purposes, and must only use in strict compliance with Applicable Regulations; 
28.7.1 the profiling of a client customers financial history.

28.7.2 legal or prospective legal proceedings.

28.8 You must keep any user identification confidential and secure. You are responsible for, not AgentOS and accept liability for, any use of the Credit Checking Services by anyone using your AgentOS login user identification or password. 

28.9 AgentOS may from time to time, and on reasonable notice, upgrade or modify the Credit Checking Services.
28.10 Your Client Customer with have a note recorded on their record that a credit check carried out by Van Mildert using the Equifax database. AgentOS may provide and receive information about your use of the Credit Checking Services to and from the Client Customer.

28.11 You will ensure the information provided by you when you use the Credit Checking Services have Client Customer permission, is accurate, up to date, and only authorised employees, agents or customer clients will be permitted to access and use the Credit Checking Services. 
28.12 AgentOS may suspend or terminate your use of the Credit Checking Services if your use of the Credit Checking Services is not compliant with all Applicable Regulations; 
28.13 AgentOS gives no warranty that your use of the Credit Checking Services will be uninterrupted or error-free. In particular, because third parties provide most of the data AgentOS supplies as part of the Credit Checking Services, AgentOS will not be liable for any loss or damage arising from any inaccuracies, faults or omissions in or in the provision of the Credit Checking Services.
28.14 AgentOS will not be liable to you for any indirect or consequential loss or damage, or any loss of opportunity, business, profit, reputation or goodwill arising out of your use of the Credit Checking Services. 
28.15 You will indemnify AgentOS against all costs (including legal costs), claims, damages, fines, demands and expenses arising directly or indirectly out of any claim by a third party which arises as a result of your use of the Credit Checking Services. 

agentWatch Services

29.1 agentWatch is a per postcode district data supply service for marketing research, prospecting and monitoring of estate and letting agent competitors.

29.2 AgentOS Software: Is the CRM letting and estate agent software as a service provided by AgentOS.com

29.2 Property Data: Is the property address provided in agentWatch software as a service.

29.3 Quickpost/agentPost: is the automatic generation and sending of direct mail letters to potential owners of properties.

29.4 agentWatch is charged on a per post code area subscribed to at £40 per calendar month.

29.5 Payments will be taken with your current agentOS monthly subscriptions

29.6 Find the freehold owner function is charged at £3.50 per search.

29.7 Quickpost and agentPost letter send are charged by postage class with a minimum charge of £0.90 per letter

29.8 The initial contract is 3 months per subscribed postcode.

29.9 agentWatch provides property data on properties having been or currently are being advertised for sales and/or for rent. In addition to estate and letting agent information associated with the property data. Land, commercial and retirement properties are excluded from the service.

29.10 agentWatch cannot guarantee the accuracy of the property data or accept responsibility for any inconvenience, damages or embarrassment caused.

29.11 agentWatch provide a data service that use proprietary algorithms to processes multiple publicly available property related data sets and cross references those data sets to identify and validate the property address and ownerships.

29.12 You, not agentWatch, are responsible to ensure and check the homeowner and/or owner have registered to not receive direct mail or mail preference service.

29.13 You, not agentWatch, agentOS responsible for users subscribing to a postcode, use of find the freehold owner and use of quickpost/agentPost features and the charges.

29.14 Where property data addresses are validated by you, that data will be accessed by agentWatch proprietary algorithms to assess accuracy.

29.15 By subscribing to the agentWatch Service you confirm that you have registered with the ICO.

29.16 Estate and Letting Agent indicative turnover figures do not represent actual financial figures of a business, they are estimates based on property values, average fees and competition/let rates.

29.17 agentWatch reserve the right to termination the service without notice and with immediate effect if it is discovered you are reselling the data, giving access to a real estate CRM provider or competitor of agentWatch, or mis use.

29.18 agentWatch includes the use of various templated prospecting letters that are automatically sent out as properties, You, not agentWatch are responsible for the content of all prospecting letters.

29.19 You, not agentWatch, are responsible to ensure all and any marketing letters sent. You accept all pay as you go charges for automatically and manually sending direct mail letters and campaigns.

Payagent Payment App and requests for payment

30.1 AgentOS Payment App (payagent.app) provides a service that enables agents to request:

• Payments via the Payee's banking app, provided by Modulr open banking services
• The setup of a reoccurring weekly or monthly payment via the Payee's banking app and the setting up of a bank standing order provided by Modulr open banking services
• Debit card payment provided by Barclays ePDQ services
• Credit card payments provided by Barclays ePDQ services

30.2 The payment request can be sent via agentOS software and payagent.app URL SMS text message or email or over the internet.

30.3 You, not agentOS, are responsible for the accuracy and contact information of SMS and emails sent requesting payments.

30.4 AgentOS provides an SSL point of sale web page for taking payments for the agent's website.

30.5 The banks that currently support open banking payments include:

• AIB
• Bank of Ireland UK
• Bank of Scotland
• Barclays
• Danske Bank UK
• First Direct
• Halifax
• HSBC
• Lloyds Bank
• Monzo
• Nationwide
• Natwest
• Revolut
• Royal Bank of Scotland
• TSB

30.6 The card service providers currently supported by the payment app include:

• Visa debit and credit cards
• Mastercard debit and credit cards
• Maestro

30.7 Payments made via the Payee's banking app will usually clear and be paid into your designated  Client Account on the same day. 

30.8 Payments made using debit or credit cards and processed by Barclays ePDQ services can take between 2 and 3 working days to be paid into your designated Client Account.

30.9 No interest is earned by agentOS on card payments held and the agent acknowledges that it is not due any interest on funds. 

30.10 AgentOS charges are a fixed charge (not a percentage of the transaction) on all open banking single payments and re-occurring payments.

30.11 Debit and Credit card payments using the payment app and processed by Barclays ePDQ services and subject to Barlcays epdq terms and conditions.

30.12 Fees for process payments from payagent app are detailed on agentOS Price List.

30.13 Payments using the payment app are paid in full to your designated Client Account and fees for processing the payment are charged on your agentOS invoice and collected by direct debit.

30.14 Card payment limits are defaulted to £3000 per transaction.  If a higher limit is required, a request can be made to agentOS where a personal guarantee from a director or other principal of a business for claw back of card payments and all other funds owed under these terms and conditions will be required.

30.15 If for any reason the agent wishes to cancel a single or re-occurring payment, you, not agentOS, will be required to notify the Payee to instruct them to cancel the payment from their bank.

30.16 If for any reason the agent wishes to cancel a debit or credit card payment, they must notify agentOS on [e-mail].  Subject to payment scheme timings of Barclay's ePDQ service, agentOS will process the refund ONLY to the original payment debit or credit card.

30.17 AgentOS will inform the agent as soon as reasonably practicable of any debit or credit payments cancelled by the Payee.

30.18 If a Payee cancels their payment, agentOS is under no obligation to pay the agent in respect of the cancelled payment and no liability to the agent in respect of the cancellation.

30.19 AgentOS is not responsible for any aspect of third party services, including security, availability, support or functionality. The agent and their Payees use such services at their own risk and are responsible for all payments initiated or otherwise affected by such third party services.  The payment app displays payer (end user) terms confirming this term and condition.

30.20 AgentOS will not be required to provide the agent with specific detail regarding any failure to know-your-customer and anti money laundering requirements.  AgentOS may choose to provide such detail, but will not do so where it would cause agentOS to be in breach of AML or CMP legislation.

30.21 AgentOS may apply additional checks with the payment app to reasonably determine if a payment is considered high risk.  The agent agrees to respond promptly to any reasonable requests for information in order to facilitate agentOS Money Laundering Report Officer (MLRO) in conducting such checks and acknowledges that any delay in responding may result in suspension of payment by the Payment App.

30.22 You shall indemnify agentOS against any losses, costs, claims, damages, and expenses suffered or incurred by agentOS as a result of or in connection with any failure by the agent to obtain all consents and authorisations from Payees.

30.23 You must notify agentOS without delay (and in any event within 13 months of a processed payment) upon becoming aware of any Unauthorised Payment via online banking app or via debit or credit card by notifying agentOS by emailing [e-mail].

30.24 You will be liable to agentOS for any and all losses, costs, and expenses suffered or incurred by agentOS as a result of any Unauthorised Payments.  AgentOS may suspend payments out, if in agentOS reasonable opinion, such suspension or amendment is required, for example, as a result of excessive or anticipated excessive payments, refunds, pending disputes, deterioration of the agent's financial situation or credit rating, other suspected fraudulent or otherwise suspicious activity related to the agents use of the Payment App.  AgentOS will notify the agent of such suspension unless to do so would be unlawful.

Payment App Clawed Back Payments

31.1 To ensure you and agentOS Client Account meets client account requirements, you, not agentOS will be responsible for any payments made via the Payment App that are clawed back by the payee or their card payment issuer.

31.2 We will notify you immediately that funds have been clawed back and requesting you transfer the sum of the clawed back funds from your Client Account or trading account by 5pm of the business day agentOS notified you to ensure the client account reconciles.

31.2.1 Payments by open banking request are subject to Faster Payment APP (Authorisation Push Payment) Reimbursement Scheme (PSR) which relates to the prevention of fraud and compensation.

31.2.2 If agentOS receives a claim from a payment request you issued and is required to reimburse, Modulr has a £100 claims excess on the returned funds and a £35 Fraud Administration Free per claim, which agentOS will pass onto you.

31.2.3 AgentOS is required to maintain an APP Fraud Collateral Account with a minimum balance set by Modulr.  Is you, not agentOS, receives a claim from a payment request you issued and is required to reimburse, you will be required to contribute to the APP fraud Collateral Account.

31.3 If the clawed back funds are not received into the agentOS Client Account by 5pm, we will suspend all payments by the Payment App and access to agentOS software.  The suspension is to ensure the clawed back balance is paid and to confirm you and agentOS Client Account meets our CMP membership and insurance requirements.

AgentOS AI Emails

32.1 Responsibility for Reviewing Summaries: You, not agentOS, are responsible for reviewing and verifying the accuracy of summaries provided by the AI reading tool. While AI Emails strive for accuracy, you understand that AI-generated summaries may not capture all nuances of the source material contained in the emails and text messages.

32.2 Draft Reply Verification: Any replies drafted by AI Email are provided as suggestions. You are responsible for reviewing and ensuring the appropriateness and accuracy of these drafts before sending them.

32.3 Limitation of Liability: AgentOS is not liable for errors, omissions, or misinterpretations made by the AI in reading or drafting emails or text messages.

32.4 Compliance with Legal and Ethical Standards: You agree to use the AI tool in compliance with all applicable laws and ethical standards, particularly when using AI-drafted replies in sensitive or legal contexts.

32.5 Amendments and Final Approval: You are responsible for making any necessary amendments to the AI-generated drafts and must give final approval before any communication is sent or published.

32.6 Indemnification: You agree to indemnify agentOS against any claims, damages, or losses arising from the use of AI-generated summaries or drafts.

32.7 Intellectual Property Rights: You acknowledge that any AI-generated content may be subject to intellectual property rights and agree to respect these rights in your use of the material.

32.8 Changes to Terms and Conditions: These terms and conditions relating to the use of AI Email are subject to change. You agree to review and adhere to any updated terms as part of your continued use of the AI Email service.

Version 11.2 22.07.2024

Version 11.1: Included additional terms 32.1 to 32.8 regarding use of AI Emails.

Version 11.2: Included 31.2.1 Payments by open banking request are subject to Faster Payment APP (Authorisation Push Payment) Reimbursement Scheme (PSR).