The following sets out our standard terms and conditions covering the use of our Website and provision of services available via our Website.
To Contact Us
If you would like further information regarding the use of our Website or provision of our services and products, please contact us on firstname.lastname@example.org or via email at email@example.com Our company details are: MOVINGPORTAL LTD trading as The Moving Portal, 30a Upper High Street, Thame OX9 3EX Opening Hours: 9am-6pm Mon-Fri, 10am-4pm Sat, Closed Sunday Registered Office: 30a Upper High Street, Thame OX9 3EX Company Registration Number (Registered in England): 10948120 VAT Number: 279836635
These Conditions as amended by us from time to time apply to the use of this Website and by accessing this Website and/or obtaining a quote and/or instructing a Service or Product you agree to be bound by the terms and conditions set out below. Should you not agree to be bound by these Conditions you are not permitted to the use of or access this Website, you should not obtain a Quote or instruct any Service or Product offered by The Moving Portal. Before you instruct a Service or Product through The Moving Portal.com, if you have any questions relating to these Conditions please contact our Central Operations Team by e-mail at firstname.lastname@example.org, or by calling us on 01844 211033 08:30-17:30 Mon-Friday, 10am-4pm Sat, Closed Sunday.
In this Agreement:
In these Conditions the following words and expressions shall have the following meanings when they start with capital letters: “Conditions” means these terms and conditions. “Service or Product” means a service or product displayed for sale on the Website including but not limited to conveyancing and other legal services and surveying services and energy assessment services. “Service or Product Description” means that part of the Website where certain terms and conditions in respect of the individual Service or Product are provided. “Instruction/s” means the placing of an order for a Service or Product made available on the Website. “Users” means the users of the Website. “Personal Information” means the details provided by you on acquiring a quote or instructing a Service or Product via our Website. “Website” means the website located at www.themovingportal.co.uk or any subsequent URL which may replace it. “United Kingdom” means England, Wales, Scotland, Northern Ireland and the Channel Islands. “Supplier” means a solicitor or property lawyer practice or firm or surveyor practice or firm or other third-party practice or firm introduced to the Client by The Moving Portal. “Client” means the person identified in a Quote who will be introduced to one or more Supplier(s). “Quote” means a written quotation supplied by The Moving Portal (in electronic format or via our Website or by email or in hard copy) to a Client setting out the Service or Product requested by the Client and an indicative fee for the Services based on the information supplied to The Moving Portal by the Client. “Searches” means the third-party enquiries made of third party authorities that include but are not limited to searches made of the local authority, Land Registry, company providing private or personal search services, water authorities etc. “Agreement” as defined in the Introduction.
The Website is provided by The Moving Portal referred to in these Conditions as “we” “us” and/or “our” and “you” or “your” shall mean the User and/or Client. If you are accessing or using this Website in your capacity as an employee, director, officer, partner or agent of a corporate or unincorporated entity “you” and “your” shall refer to you and such entity and you represent that you are authorised to accept these Conditions on behalf of such entity and agree to be personally bound by these Conditions. These Conditions, the Agreement, all matters regarding the interpretation or enforcement of it (including non-contractual disputes or claims), and any other matters or disputes arising in connection with it or its subject matter, shall be governed by English law and the parties hereby submit to the non-exclusive jurisdiction of the English courts (where the Client is a consumer) and the exclusive jurisdiction of the English courts (where the Client is not a consumer).
Use of the Website
You are given access to this Website in accordance with these Conditions and any instructions for a Service or Product placed by you must be placed strictly in accordance with these Conditions. We cannot guarantee that this Website and the content contained herein will operate in accordance with your expectations or will be error free. If you are aware of any error on this Website, please contact us by email at email@example.com and we will aim to correct it. We cannot guarantee that documents or files downloaded from this Website will be free from viruses and we do not accept any responsibility for any damage or loss caused by any virus. Accordingly, for your own protection, you must use virus-checking software when using this Website.
You must not post or provide to us via this Website, any document or file which you believe may contain a virus. You must virus check any document or file which you intend to post or provide to us via this Website. You may only use this Website for lawful purposes. You must ensure that any document, file or other information that you intend to post to our Website or provide to us via this Website does not contravene any applicable laws or contravene any person’s legal rights and you must not post or upload anything indecent, obscene, abusive, libellous or defamatory. We do not monitor or edit documents or files posted or provided to us by other persons for posting on this Website and accordingly we do not accept any responsibility for any damage or loss you may suffer.
We reserve the right to remove material from this Website that infringes these rules. We do not guarantee uninterrupted and/or reliable access to the site and make no guarantees whatsoever as to its operation, functionality or otherwise. Occasionally third parties may provide storage services to us. In those circumstances those third parties shall be required to enter into a confidentiality agreement on no less stringent terms than found in these Conditions and to process your data solely in accordance with our instructions. Copyright protection, intellectual property and accuracy of the site’s content The Moving Portal owns the licensee of all intellectual property rights and data in their site and in all the material published on it. These rights are protected by laws and treaties around the world including, without limitation, copyright, design rights, database rights and trademark laws. You do not have any rights to use the content of the site or such intellectual property or data except as expressly set out in these Conditions. The information contained in the Website has been published in good faith and with the aim of ensuring its accuracy, but in some cases, it may be incorrect, incomplete or out of date. If we become aware of any material inaccuracies in the information on the site, we will use reasonable efforts to correct it. Nothing in this Website or the documents available through it constitutes legal or surveying or other professional advice.
You should not rely on any information contained in this Website as if it were legal or surveying or other professional advice. The Moving Portal are a Supplier and we do not provide any legal or surveying services or hold ourselves out as doing so. Any legal or surveying services offered or provided through our Website are offered or provided by a Supplier. Each of these Suppliers are solely responsible for the advice which they provide to you. Nothing in these Conditions limits our liability for death or personal injury arising from our negligence, nor our liability for fraud, fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Except where permitted by applicable law, these Conditions, or otherwise set out on the Website, you may not use such trademarks without our prior written permission.
You may use the Website only for lawful purposes. In particular you shall not;
Accuracy of information and Service or Product Quotes
You acknowledge that a Quote provided by The Moving Portal is not an offer capable of acceptance. You warrant that:
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website.
Provision of Quotes
Where the Client requests a Quote either via our Website, by phone, by post, by fax or by any other source, The Moving Portal will use reasonable endeavours to identify one or more Suppliers who have confirmed to The Moving Portal that they are able and willing to provide the Services required by the Client, based on the information provided by the Client. Quotes are valid for 7 calendar days from the date the quote was issued. Quotes are only valid for properties in England and Wales. All Suppliers who are authorised on The Moving Portal panel have indicated that they are regulated by the Royal Institution of Chartered Surveyors (RICS) and all carry a minimum level of professional indemnity.
The Moving Portal, are not Surveyors, we will provide you with a Quote for the survey that is requested subject to the property information you have provided and will introduce you to a RICS surveyor to complete this work on your behalf. Contracts will then be entered into between you, the Client and the Surveyor/Surveyor Firm directly. The Moving Portal acts as introducer for the products that we provide. The Clients rights in respect of the Services or Products provided by the Supplier introduced by The Moving Portal are against the introduced Supplier.
The Moving Portal do not accept any responsibility for and do not accept any liability in relation to the Services or Products provided by the Supplier (surveyor/surveyor firm) or the availability of the Services or Products that the Supplier may provide to the Client, this includes but is not exclusive to the condition of the property, and any valuation that is provided. Service delivery times are estimates and, in some circumstances, may take longer to deliver. Any complaint in relation to the product(s) provided by the supplier must be directed to the supplier and dealt with in accordance with their complaints handling procedure.
The Client’s payment in respect of the Service or Product is deemed to be acceptance of the Agreement. Please note that the Supplier will carry out the survey in accordance with RICS guidelines, and with reference to the specific requests and information the Client has provided. If any of this information is inaccurate or incomplete, please contact us at least 48 hours prior to the survey booking with any amendments. For more information please see: · Description of the RICS Homebuyers Report Service Should any specific requests or concerns fall outside the RICS service standards, the Client’s Supplier will advise the Client accordingly, there may be instances where the supplier may recommend a structural engineer, electrician, plumber or a damp and timber expert to give a specialist report as an example. Upon Instruction the Supplier will send the Client their terms of engagement which will include details of their formal complaints policy.
The Supplier’s terms of engagement must be read carefully and signed and returned prior to the survey taking place. Conveyancing service Quotes The Moving Portal we will provide you with a Quote for Conveyancing in partnership with United Legal Services all of the solicitors on their panel are regulated by the SRA. Quotes are based on the information you supply, so if information is incorrect or changes you should let us know immediately. The Supplier will require a non-refundable deposit to begin work on your file. The Supplier’s ‘No Sale No Fee’ guarantee means that if the Clients property transaction does not complete, the Client will only pay the Supplier for disbursement costs incurred on the Clients behalf. The Clients deposit will not be refunded; however the deposit can be used on any future Service or Product with the same Supplier.
The Moving Portal do not accept any responsibility or accept any liability in relation to the Services or Products of the Supplier (solicitor firm) or the availability of the Services or Products that the Supplier may provide to the Client. Service delivery times are estimates and, in some circumstances, may take longer to deliver. EPC’s (Energy Performance Certificates) All Suppliers (DEA’s or Domestic Energy Assessor) who are authorised on The Moving Portal panel have indicated that they are suitably qualified to undertake residential EPC’s. The Moving Portal, are not DEA’s, we will provide you with a Quote for the EPC that is requested subject to the property information you have provided and will introduce you to a suitably qualified DEA to complete this work on your behalf. Contracts will then be entered into between you, the Client and the DEA directly.
The Moving Portal acts as introducer for the products that we provide. The Clients rights in respect of the Services or Products provided by the Supplier introduced by The Moving Portal are against the introduced Supplier. The Moving Portal do not accept any responsibility for and do not accept any liability in relation to the Services or Products provided by the Supplier (DEA) or the availability of the Services or Products that the Supplier may provide to the Client, Service delivery times are estimates and, in some circumstances, may take longer to deliver. Any complaint in relation to the product(s) provided by the supplier must be directed to the supplier and dealt with in accordance with their complaints handling procedure. The Client’s payment in respect of the Service or Product is deemed to be acceptance of the Agreement.
Fixed Fee Guarantees
Wherever possible all Services and Products made available through our Website are quoted with a Fixed Fee Guarantee in respect of the Service or Product offered. The Moving Portal have entered into partnership agreements with a number of Suppliers throughout England and Wales. A standard condition of this partnership agreement is that all Services and Products are supplied at a fixed cost as per the Quote supplied by The Moving Portal and must not be altered and or amended by them. In the unlikely event that the fixed fee guarantee is not adhered to by a Supplier then you should contact The Moving Portal immediately in order that we may resolve the situation.
Agreement with Suppliers
The Client acknowledges and agrees that: • The Moving Portal does not provide Services and Products itself and does not agree to do so through the Agreement, The Moving Portal is an introducer to the products that they offer; • the Agreement relates solely to the provision of processing services and not the Services and Products performed by Suppliers; • if the inclusion of a Supplier is detailed in a Quote and/or instructions, this does not constitute a recommendation or an endorsement by The Moving Portal of that Supplier; • the Client is solely responsible for assessing the suitability of any Supplier to meet the Client’s requirements (or those of its clients) and the acceptability of a Supplier’s terms and conditions for the performance of Services and Products; • the Client is responsible for checking that the name(s), address, date(s) of birth, postcode, property positioning, plan(s) used, areas covered and all other information held by a Supplier following the provision of a Quote and Instruction is correct; and • The Moving Portal shall in no circumstances be held responsible for the performance of, failure to perform, or the quality of any Services or Products performed by a Supplier.
Fees and payment
The Moving Portal charge a management fee for each instruction and will be detailed separately to the quote of the services provided, there may be instances that The Moving Portal will charge additional sum as notified to the Client in advance from time to time. The Moving Portal will take a payment from a Client up-front on behalf of a Supplier to allow a Supplier to start to provide Services or Products immediately. Where a Quote requires an up-front payment, the Client accepts that the work covered by it will start as soon as possible after payment. All fees and the terms of payment for the performance of Services or Products shall be governed by the relevant Supplier terms. Although The Moving Portal uses reasonable endeavours to ensure all Quotes are up to date and accurate at the time of issue, Quotes should be regarded as a guide only and can be subject to change at any time. All information in Quotes and on which The Moving Portal Bases Quotes is provided to The Moving Portal by the Client and/or relevant Suppliers and The Moving Portal cannot and do not undertake to verify the information before producing the Quote. Cancellation of Conveyancing Services and Products Clients will have the right to cancel a conveyancing or legal Service or Product Instruction within 14 (fourteen) calendar days from the date of Instruction and receive a refund of their deposit if the Supplier has not commenced the legal work and the Client accepts that this “cooling-off period” ends once the Client waives their right to any remainder of the “cooling-off period”.
Following the Client’s consent to waive the “cooling-off period” the Service or Product may be cancelled but the Client’s deposit will not be refunded. However, the deposit can be transferred to any future conveyancing Service or Product with the same Supplier. If you wish to cancel a conveyancing or legal Service or Product please contact firstname.lastname@example.org or call 01844 211033 between 08:30-17:30 Mon-Friday, 10am-4pm Sat, Closed Sunday. Please be ready to quote your reference number and order date. Cancellation of Surveying Services and Products Once a survey Service or Product has been booked with a Supplier a Client can cancel the service with up to 1 working days’ notice prior to the date of the survey and receive a full refund of the survey fee only.
The Management fee is non-refundable however it is transferable to another survey and/or product. As soon as the survey has been carried out, the Client cannot cancel the Service or Product and will not be entitled to a refund thereafter. If the Client needs to change Personal Information or details relating to the survey including the type of survey and any other specific details for the Supplier the Client can do so up to 1 working day prior to the date of the survey. Please note that changing the type of Service or Product may vary the cost. If you wish to cancel a Service or Product please contact email@example.com or call 01844 211033 between 08:30-17:30 Mon-Friday, 10am-4pm Sat, Closed Sunday. Please be ready to quote your reference number and order date.
We reserve the right to:
Third party links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked Website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
You also agree to indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach of any Data Protection Laws or Legislation in force from time to time by you when providing Client personal information and arising from your use of this Website.
How we use your Personal Information