AgentOS will provide you with use of the Service, including a browser interface and data encryption, transmission, access and storage of data. Your registration for, or use of, the Service shall be deemed to be your acceptance to abide by this Agreement (Terms and Conditions) including any materials available on the AgentOS website.
“Agreement” means these Terms and Conditions.
“You” or “Client” means the Client company who has signed this agreement.
“Service” means the software https://agent.letmc.com
”Agent Software” means the software accessed via https://agent.letmc.com
“Classic Software” means the software accessed via https://home.letmc.com
“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” & “Accounts Management” means the activities outsourced from you to AgentOS.
“Subscription” refers to the type of monthly subscription that is limited to use by a single branch and defined numbers of users.
“Per User” means a staff login account on https://agent.letmc.com.
“AgentOS” refers to the business AgentOS (previously branded as LetMC & LetMC.com) owned by Letting Management Centre Ltd.
“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.
- 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 being required after the 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.
1.8 Additional branches on AgentOS software are subject to a minimum term of 3 months from the creation date of the branch.
- Payment Terms
2.1 Payment terms are monthly in advance and payment must be by Direct Debit.
2.2 The Service will be deactivated until a Direct Debit mandate is completed and signed by you.
- Trial Periods
3.1 Trial Periods are for 14 working days. Extensions to trial periods are at the discretion of AgentOS.
- 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 subject to the number of users set out in the monthly subscription. Where you have agreed a per-user limit above that of the monthly subscription limit telephone support is included up to the agreed new limit.
- Email Support Availability and Cost
5.1 Monday to Friday 9:00am to 5:00pm. Email support is included in the monthly licence fee.
- Training Availability and Cost
6.1 Training takes place at AgentOS in Cardiff and the dates are designated by AgentOS, Monday to Friday 10:00am to 4:00pm.
6.2 Support and 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 or alternative training date being offered.
6.4 Additional training days will be charged at the agreed daily rate.
7.1 Minimum term is 6 months with a 3 month cancellation period.
7.1.1 Outsource and Accounts Management service is subject to the service levels agreed by you and AgentOS, as stated in the Service Level Agreement (SLA).
7.2 Account Management Outsource.
7.2.1 AgentOS cannot guarantee the accounts will be reconciled on the same business day where electronic bank statements sent by you to AgentOS are not received by the agreed time deadline.
7.2.2 AgentOS does not monitor or is responsible for and the consequences of, bank statements not being uploaded into AgentOS.
7.2.3 You, not AgentOS, are responsible for checking the accuracy of reconciling a financial transaction entered on the service software within 30 days of the transaction entry date. AgentOS cannot be held responsible for inaccuracies after 30 days.
7.2.4 AgentOS is not responsible for the accuracy of information uploaded to third party services, for example uploads to TDS and MyDeposits tenant money deposit services.
7.2.5 Under the Service Level Agreement, and subject to being agreed to, you may grant AgentOS limited access to your client account internet banking and BACS software. You, not AgentOS, are responsible for checking the accuracy and amounts entered for the payment files are correct. AgentOS cannot be held liable for claims due to incorrect financial payments.
7.2.6 Under the Service Level Agreement, and subject to banking clearing periods agreed in the Service Level Agreement, you and not AgentOS are responsible for money which has been cleared and paid, and then subsequently clawed back. AgentOS cannot be held liable for claims due to funds clawed back.
7.2.7 You and not AgentOS, are solely responsible for checking and ensuring your charges (e.g. management fees, landlord setup fees) are present and correct. AgentOS cannot be held liable for claims due to incorrect or missing charges.
7.3 Rent Management Outsource
7.3.1 AgentOS 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.
7.4 Printing Outsourcing
7.4.1 AgentOS is not responsible for the delivery of documentation items. Items will be sent by Whistl and Royal Mail.
7.4.2 You, not AgentOS, are responsible for the accuracy and contact information of documentation items sent.
7.4.3 You, not AgentOS, are responsible for authorising documentation items in the service software.
- 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 £25 + 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 £10 + vat administration fee.
8.5 Amendments or modifications to Clients documentation must 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 Upgrade
9.1 AgentOS will monitor your property, user and per user limits, and branch numbers.
9.2 When any of these exceed the Subscription limits or exceed the concurrent user limit as set out in your agreement and the AgentOS subscription package, you will be automatically upgraded to the corresponding Subscription. AgentOS will bill you the cost of the corresponding Subscription from that point in time onwards.
9.3 If your property, user or branch numbers reduce, the Subscription will not be automatically downgraded. If you wish to downgrade you must contact AgentOS to arrange a downgrade date (subject to the initial minimum term).
9.4 If you have paid in advance you cannot reclaim the Subscription price difference.
9.5 The Start-up package is limited to an agreed maximum limit of letting instructions or sales instructions property record entries; this includes a single instruction record entry representing a room.
9.6 Once a property record entry is entered that takes you over the agreed property record limit, the package will be automatically upgraded with no option to downgrade.
9.7 The Start-up package is limited to a 12 month period from the date logins are issued. After which you will be automatically upgraded to the appropriate lite or standard subscription.
9.8 There is no downgrade option once you upgrade to the standard level subscription.
9.9 The lite level subscription is only available for an 18 month period from the date logins are issued. On the 18 month anniversary, your subscription will automatically upgrade to the standard level subscription.
9.10 Any agreed users over the 5 limit on the standard subscription service are only valid for 12 months from the date logins are issued. On the 12 month anniversary, your additional user subscription will automatically be applied.
9.11 If your login is used on more than one PC, table or mobile device at the same time, this would be concurrent login. AgentOS will automatically bill for an extra user for that calendar month only.
- Subscription Fee
10.1 AgentOS grants you a non-exclusive, non-transferable, worldwide right to use the 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.
10.2 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.
10.3 Request for additional users above the agreed limited set of the subscription will be charged at a set monthly rate per user.
10.4 Per user subscription is only available to standard branch subscriptions service and is not available or applicable to single user or start-up packages. This restriction does not apply to second branch subscriptions.
10.5 AgentOS reserves the right to amend the subscription fee, to which we will give you a minimum of 3 months notice. Notice will be provided by a generic news letter email. 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, concurrent users limits, package upgrades as set out in the AgentOS subscription levels and packages.
10.6 AgentOS reserve the right to limit some software features to different subscription fee packages, and to access these features you may be required to upgrade your subscription.
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 Letting Management Centre 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.
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 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, AgentOS will delete your data 90 days after the confirmed termination and/or switch off date.
14.9 AgentOS will archive email attachments and pdf documents generated by the Service software after a prescribed period. The prescribed periods are 9 months for email attachments, 6 months for low priority pdf documents, 13 months for medium priority pdf documents and 24 months for high priority pdf documents. The properties to rent list pdf document will only be stored for 2 months and will not be available for retrieval.
14.10 An archived item can be retrieved within 2 working days by emailing AgentOS.
14.11 AgentOS reserves the right to alter the prescribed period for archiving or the letter priority without notice to you.
14.12 AgentOS reserves to right to report on trends of your data.
14.13 In the event of a data breach by the client, not agentOS, you are responsible for notifying your customers of the data breach.
14.15 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 fee per request, as Amazon AWS charges for additional database queries and export which is beyond the normal software subscription service.
14.16 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 and Termination
16.1 AgentOS reserves the right to suspend or terminate this Agreement and your access to the Service and Outsource with immediate effect if your account falls into arrears on the close of business of the 22nd day of the month.
16.2 Service and Outsource will be suspended on the 3rd day of the month if payment is not received or if a Direct Debit bounces for any reason. Once payment or proof of payment has been received, service will be reinstated immediately.
16.3 Late payment will result in the option for monthly payment being revoked, and the next 3 months’ fees becoming due immediately unless you are in the first 12 months of your agreement with AgentOS, in which circumstances the remainder of the first 12 months fees will immediately become due in full.
16.4 All set up and training fees must be paid for before login details will be sent and training sessions can be booked.
16.5 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.
- 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.
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 firstname.lastname@example.org.
21.3 AgentOS will not pass your information or logo onto third parties without your consent.
22.1 AgentOS charges a setup fee and a monthly hosting 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://agent.letmc.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 API@agentos.com 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 LetMC.com/AgentOS.com: Is the CRM letting and estate agent software as a service provided by LetMC.com and 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.com and LetMC.com 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.
Version 9.1 9th October 2020