Return to flip book view

miServices SouthTerms and Conditions of Service(version 13, April 2024)1. General1.1. These Terms and Conditions govern the sale and provision of services by us and willform the basis of the Contract between us and you. Please ensure that you have readthese Terms and Conditions carefully.1.2. An agreement with these Terms and Conditions is created when a work order isreceived from any instructing principal on behalf of a client, the client directly or theclient’s legal representative.1.3. If an instructing principal submits a work order on behalf of a client, it is the instructingprincipal’s responsibility to ensure the client is aware of these Terms and Conditions.1.4. We are unable to accept a plea of ignorance from any party subject to the provision ofservices.1.5. Nothing provided by us including, but not limited to, sales and marketing literature,price lists and other documents constitutes a contractual offer capable of acceptance.Your order constitutes a contractual offer that we may, at our discretion, accept ordecline.1.6. If you are unsure about any part of these Terms and Conditions, please ask us forclarification.2. Work Orders/Instructions2.1. All orders for service made by you will be subject to these Terms and Conditions.2.2. We can accept a tentative booking over the phone but this must be confirmed byemail. Bookings must be sent to the miServices South contact centre email:office@mobileinventory.co.uk2.3. Individual clerks are unable to accept bookings, only the contact centre can bookjobs.2.4. If no email booking is received we will not carry out the job.2.5. The email confirmation must include the following details:2.5.1. service requested2.5.2. property address including postcode2.5.3. date job can be completed2.5.4. time of job if meeting someone at the property (to be mutually agreed)2.5.5. special instructions or requests2.5.6. number of bedrooms2.5.7. if the property is furnished or unfurnished2.5.8. additional areas requiring checking e.g. garage or garden2.5.9. location of keys or other access details2.5.10. name of person making booking and their contact details2.6. A legally binding contract between us and you will be created upon our acceptance ofyour order, indicated by our order confirmation. Order confirmation will be provided inwriting by email.1

2.7. If we require any information from you in order to provide the services, we will informyou of this as soon as is reasonably possible. If the information you provide isdelayed, incomplete or otherwise incorrect, we will not be responsible for any delaycaused as a result. If additional work is required from us to correct or compensate fora mistake made as a result of incomplete or otherwise incorrect information that youhave provided we may charge you a reasonable additional sum for that work.3. Service typesWe offer the following service types:3.1. Inventory (schedule of condition) - a visit to the rental property before the start of thetenancy to produce a report documenting a full record of the condition, contents andcleanliness.3.2. Check-in - includes meeting the new tenants at the start of the tenancy, showing themkey features of the property, collecting a digital signature to confirm the process,sending a digital copy of the inventory for the tenant to review and submit additionalcomments online, and providing keys if required.3.2.1. When a face-to-face check-in appointment is not possible, a remote check-in,where a digital copy of the inventory is sent for the tenant to review andsubmit additional comments online, may be carried out instead.3.2.2. We can only carry out a check in when we have been instructed to prepare anew inventory for the same tenancy.3.3. Check-out - visiting the property at the end of the tenancy or as soon as possibleafterwards to compile another report identifying differences between the state of theproperty at that point with the original inventory.3.4. Management visit - visiting the property during the tenancy to ensure it is beinglooked after in an acceptable way and that the terms of the tenancy agreement arebeing followed.4. General service terms4.1. miServices offers an independent property inspection service, which is fundamentallyimpartial and equitable to both the tenant and the landlord involved in the propertyagreement. We are committed to conducting inspections based on tangible evidenceand factual findings derived during the inspection process.4.2. While we acknowledge the value of feedback and comments from both the tenantand the landlord, and may consider such feedback as part of the inspection process,we retain absolute discretion and are under no obligation to incorporate or reflect anyof the comments provided by either party in the final inspection report. Our primaryobjective is to ensure that the inspection report is a true, unbiased representation ofthe property's condition at the time of inspection, taking into account only verifiableevidence and professional assessments.4.3. Our commitment to impartiality ensures that the inspection report is produced with theutmost integrity, free from any influence or bias towards either the tenant or thelandlord. This clause underscores our dedication to maintaining the highest standardsof independence and fairness in the delivery of its property inspection services.4.4. Our inspections are exclusively based upon a visual examination of the property'sfixtures, fittings and contents. This visual inspection is limited to the assessment ofthe apparent condition of the property's visible elements at the time of the inspection.It is important for both the tenant and the landlord to understand that this inspectiondoes not include invasive or destructive testing methods and is not designed toassess the hidden conditions or the internal workings of any element.2

4.5. The property inspection reports generated by miServices must not be construed orused as a guarantee or certification of the underlying safety, functionality, orcompliance of the property elements, including but not limited to gas, electricalfeatures, plumbing, heating, and structural components. The inspection is not asubstitute for specialised safety inspections or evaluations that are required to beconducted by licensed professionals in their respective fields, such as gas safetychecks or electrical system inspections.4.6. Clients (tenants and landlords) are strongly advised to engage qualified professionalsto conduct comprehensive safety inspections of the property's critical systems andcomponents to ensure compliance with all applicable laws, regulations and safetystandards. Our property inspection reports are intended to inform the client of thegeneral condition of the property's visible aspects at the time of inspection and shouldnot be relied upon for any other purpose.4.7. By agreeing to these terms and conditions, the client acknowledges the limitations ofthe property inspection report and agrees not to hold miServices liable for anyissues, defects or non-compliance that are not detectable through visual inspectionalone.4.8. Our reports provide a fair and independent record of the contents and condition of theproperty and its internal condition. They should not be used as an accuratedescription of each and every item of furniture and equipment, for marketingpurposes, or as a structural survey. That is to say, the person preparing the inventoryis not an expert in fabrics, woods, materials, antiques, etc., nor a qualified surveyor.4.9. The reports are prepared in the understanding that, in the absence of comments orpictures to the contrary, a listed item is free from obvious defects, damage or soiling,and will be considered to be in good, clean condition.4.10. The reports relate only to the furniture and all the landlord’s equipment and contentsin the property. It is neither a guarantee, nor a report on, the adequacy of, or safetyof, any such equipment or contents. It is merely a record that such items exist in theproperty at the date of preparing the inventory and the superficial (visual) condition ofthe same.4.11. Rooms which are locked or unable to be seen, such as lofts, cellars, etc., are the soleresponsibility of the landlord. Areas only accessible by a trap door or ladder will notbe inspected, nor will excessively full cupboards, drawers or storage areas. Packedboxes and bagged or packaged items will not be opened and checked. The clerk willnot inspect any areas or features which they feel are unsafe due to the condition ofthe item or surrounding area.4.12. The clerk will not test the plumbing, any utility, appliance or electrical appliance andwill not comment on whether any of these items are in working order or comply withsafety regulations. Superficial defects may be noted as part of the inventory process.4.13. We will check the mains light bulbs and switches within the property. Testing will becarried out only when it is deemed safe to do so, without risk to the inspector ordamage to the property's electrical system. The scope of testing for mains light bulbsand switches will be limited to verifying their operational status at the time ofinspection. We will document and report any light bulbs that are found to benon-functional or missing. No further diagnostics or testing on the electrical system,appliances or fixtures, beyond the operational check of the mains light bulbs andswitches, will be undertaken as part of this service.4.14. The clerk will not move items of furniture or freestanding appliances to check behind,underneath or either side of them. If you wish us to inspect these areas, please makearrangements for the item to be moved before our arrival.3

4.15. Unless instructed otherwise, we will always attempt to locate, take and picture meterreadings in the course of inventory, check-in and check-out inspections. This issubject to meters being readily accessible, identifiable and with suitable lightingconditions to take a clear reading and picture. We are unable to accept responsibilityfor any loss to the client, or arrange a revisit, when the clerk was unable to locate oridentify the correct meter, unless we were informed of the relevant details in writingbefore the time of the appointment.4.15.1. For properties/buildings where meters can only be accessed by a concierge,porter or managing agent, it is the responsibility of the said individual toobtain and provide the meter reading at the start and end of tenancy. We caninclude this meter reading in our reports if it is provided to us within ourstandard notice period for updating reports.4.16. External areas: while we will inspect areas of properties which logically belong to it,some properties include extra areas which are not immediately obvious. Pleaseinform us of the location of any external areas which also need to be included in theinspection. Examples of these include: garages not attached to the property, such asen-bloc garages; allocated parking spaces; cupboards and rooms that cannot bedirectly accessed from the property; and sections of communal gardens which are theresponsibility of the property occupant. We are unable to accept responsibility for anyloss to the client or arrange a revisit for any external areas not inspected, unless wewere informed of the relevant details in writing before the time of the appointment.4.17. Signing of documents by tenants: we will only arrange for the tenant to sign aninventory report when we have been instructed to carry out a check-in. When wehave been instructed to carry out an inventory-only service, it is the responsibility ofthe agent and/or landlord to arrange for the tenant (and other parties, if applicable) tosign the document. The inventory may be signed digitally via a smartphone/tablet orvia our online signing platform. We do not arrange for the tenant or any other partiesto sign management visit or check-out reports.4.18. Key collection, return and holding: we can collect and return keys to a location within2 miles of the property address at no extra charge. A surcharge may apply if keycollection and/or return is required from and/or to a location further away from theproperty. We will attempt to return keys as soon as possible after completing a job,and will generally aim to do so by the end of the day, though we cannot guarantee aspecific time because it depends on the clerk’s workload on the day. Upon request,keys can be posted by Royal Mail (1st Class Signed For) for an additional charge. Wemay agree to hold keys for a short period of time before or after completing a job, butthe terms for this must be agreed in advance.4.19. Reports are provided as PDF documents and will be sent by email or made availableon the client’s server. A hard copy of any document can be ordered and delivered byRoyal Mail at the cost of £25 + VAT per copy.5. Using the inventory5.1. Multiple items may be grouped together for inspection and photographic purposes.5.2. It is assumed that all door hinges have the appropriate number of screws in placeunless otherwise stated.5.3. Fixed items such as light switches, electrical sockets, telephone points, electric,blanking plates and fuse boxes are deemed serviceable and in place unlessotherwise commented. Light fittings are assumed to come complete with aserviceable bulb(s) unless otherwise stated.5.4. Carpets, furnishings and other fittings are deemed to be of a medium-to-good qualityand in a serviceable condition unless otherwise commented.4

5.5. All window casement stays, catches and locks are assumed to be intact and in anundamaged state, unless indicated otherwise. For security reasons, window openerswill not be tested. The responsibility for checking and reporting window openerdefects lies with the tenant or landlord.5.6. Settling cracks to walls and ceilings are accepted, and may not be mentioned unlessnecessary due to their size (the measure we use is if they are thicker than a £1 coin).5.7. Consumables and items of no commercial value are not listed.5.8. Condition ratings are based on information made available to the clerk at the time ofbooking, e.g. new appliances or fittings, professionally cleaned areas of the property.5.9. A smoke detector/CO detector listed as 'Working' only confirms the testing button is inworking order. It does not confirm the device is in a fully operational condition.5.10. Items will only be listed as ‘Brand New’ if a receipt is provided or they are still in theoriginal packaging at the time of our visit.6. Furnishings6.1. The fire and safety regulations regarding furnishing, gas, electrical and similarservices are ultimately the responsibility of the instructing principal. Where theinventory notes “Fire Regulation Label Attached”, this should not be interpreted tomean the item complies with the “furniture and furnishings (fire) (safety)(amendments) 1993”. It is a record that the item had a label as described or similar tothat detailed in the “guide” published by the Department of Trade and IndustryJanuary 1997 (or subsequent date). It is not a statement that the item can beconsidered to comply with the Regulations.6.2. Furniture, large objects, carpets and rugs will not be moved by the clerk. We will notbe able to comment on an issue which may not be visible because of this.6.3. Beds and mattresses will be inspected if not ‘dressed’ at the time of visit. Otherwise,we will make a record of their presence in the property and their external appearance.Likewise, linen, towels, tables or similar will be recorded as being in the property butnot inspected if they are ‘dressed’.6.4. Unless we are instructed otherwise, the contents of shelves, cupboards or drawers -including, but not exclusively, crockery, cutlery, pots, pans, utensils, ornaments orother miscellaneous items - will not be individually counted but instead groupedtogether as an assortment with an accompanying photograph.6.5. We are unable to comment on the value, brand (except kitchen appliances) orauthenticity of furnishings.7. Using the check out7.1. Check out reports are based on the ingoing inventory, if one is provided by the clientor was previously carried out by miServices. Check out reports only note itemsidentified as being in a different condition to that described in the ingoing inventory.7.2. A check out report completed without an ingoing inventory will provide a general listof major cleaning and maintenance issues at the property, though we will not be ableto comment about whether there are any missing/altered items or furnishings.7.3. Check out reports are advisory only and are based on the information available to theclerk. We do not apportion responsibility or liability for any issues noted therein. Itmust not be treated as a final statement of tenant responsibility. It is the responsibilityof the landlord and tenant to fully agree to all issues and deductions from the deposit.7.4. Amendments or clarifications to the report should be submitted as per section 8below.5

8. Report amendments and clarifications8.1. Occasionally, one of our reports may need additions, amendments or clarifications.This is a natural part of the process. We reserve the right to decline makingamendments if we feel they constitute bias in favour of one party or they are requestsnot included in our standard service.8.1.1. Inventory amendments can be accepted from tenants, letting agents andlandlords. Check out amendments can be accepted from letting agents andlandlords.8.1.2. When a check-in has been completed, tenants can submit their comments tothe inventory via our online portal; amendment requests from landlords andletting agents must be submitted by the process described in clause 8.2.When a check-in has not been completed, inventory amendment requestsfrom all parties must be submitted by the process described in clause 8.2.8.2. All amendment requests must be sent by email to office@mobileinventory.co.ukwithin 5 working days of the report being sent to the instructing principal.8.3. We are unable to accept amendment requests relating to our inspection reports if wewere not informed of them within the 5 working day notice period. We will not be ableto comment or respond to any questions or concerns raised after the 5 working daynotice period or after the next occupant has moved into the property. Please see ourcomplaint procedure (section 17) for more information.9. Right to refuse9.1. We have the right to leave an appointment immediately in the followingcircumstances:9.1.1. If the tenant, landlord or any other party acts in an aggressive or threateningmanner, or if the clerk feels in any way unsafe;9.1.2. If the clerk has reason to believe the tenant, landlord or any other party isunder the influence of drugs or alcohol;9.1.3. If the clerk feels unsafe due to the condition of the property, including gas andelectrical faults, infectious health, and similar reasons;9.1.4. If the clerk deems the property is not ready for the appointment e.g. there arecontractors working at the property, building; equipment present or a previousoccupant has not fully vacated9.1.5. Should a block be placed on your account by credit control due tonon-payment of overdue invoices;9.1.6. In these circumstances we will inform the instructing principal at the earliestopportunity.10. Waiting Time Policy10.1. We accept there will be occasions when jobs are delayed. Our procedure when thishappens is set out below.10.2. If the clerk turns up to an appointment booked for a specific date and time and findsthe job cannot go ahead, the clerk will wait 20 minutes to see if the job can proceed. Ifneeded, we will attempt to contact the instructing principal and/or person providingaccess for assistance and further instruction.10.3. This include times when: the person providing access is not at the property to let theclerk in; the property is not ready for the booked service to be carried out; or theaccess instructions provided at the time of booking do not work10.4. If at the end of the 20 minute waiting period we have been unable to establish contactwith the instructing principal, the person providing access has not arrived at the6

property, and/or the property is still not ready for the booked service to be carried out,the clerk reserves the right to walk away from the property.10.5. Additional waiting time beyond the 20 minute waiting period may be possible at ourdiscretion. However, we are unable to guarantee this. Any agreed additional waitingtime may be subject to an surcharge.10.6. If the job does not go ahead, a cancellation fee may be issued. (See section 12.)11. Property sizes11.1. Our prices are based on the following scale relating to the number of rooms andbedrooms at the property:11.1.1. studio/1 bed property - 8 x rooms max.11.1.2. 2 bed property - 9 x rooms max.11.1.3. 3 bed property - 10 x rooms max.11.1.4. 4 bed property - 11 x rooms max.11.1.5. 5 bed property - 12 x rooms max.11.1.6. Please contact us for a specific quote for any larger properties.11.1.7. Stairs and landings are classed as one room.11.2. We reserve the right to charge an additional price, on a per room basis, for anyproperties with more rooms than allowed as per the above scale.12. Cancellations and aborted appointments12.1. You may cancel or change your order at any time before we begin providing theservices by contacting us at least 24 hours before the appointment. If your order ischanged we will inform you of any change to the price.12.2. We may charge a cancellation fee of up to £50 plus VAT or the equivalent price of thejob (whichever is the smaller amount) in the following circumstances:12.2.1. if a job is cancelled with less than 24 hours notice;12.2.2. if a job is cancelled or fails to go ahead on the same day;12.2.3. a cancellation fee may also be charged should the appointment be cancelledas per the above section referred to as ‘Right to refuse’.12.3. At our discretion, we reserve the right to add a surcharge to any quoted/agreed pricefor any job where the clerk incurs a time delay due to client error, for example,incorrect information being provided.13. Payment terms13.1. You will be charged according to our standard rates or at agreed rates arranged andconfirmed separately. If we quote a special price which is different to our standardrates the special price will be valid for thirty days or, if the special price is part of anadvertised special offer, for the period shown in the advertisement. Orders placedduring this period will be accepted at the special price even if we do not accept theorder until after the period has expired.13.2. Our prices may change at any time but these changes will not affect orders that wehave already accepted.13.3. Our advertised prices are based on the size and value of a standard residentialproperty. We reserve the right to add additional surcharges to our advertised rates forjobs completed at properties where special care, attention and time is needed.Examples include, but are not limited to, properties which are Grade-listed, those withparticularly large acreage and/or square footage, those with a high number of7

outbuildings, those with an exceptionally high value or valuable contents, andcommercial premises.13.4. All prices are subject to VAT. If the rate of VAT changes between the date of yourorder and the date of your payment, we will adjust the rate of VAT that you must pay.Changes in VAT will not affect any prices where we have already received payment infull from you.13.5. You will be issued with an invoice by email with the balance amount and paymentterms. The balance of the price will be payable by the due date on the invoice. Theinvoice can be issued on a per-job or monthly basis depending on your preference.13.5.1. For new customers, or those without an account, we may require payment inadvance. You will be sent an invoice shortly after booking, but before theappointment. If you do not pay the invoice before the day of the appointment,we reserve the right not to attend the appointment. Due to time constraints,we are not always able to inform you of non-attendance in advance. Pleaseinform us when you have paid for an advance booking so we can verify andconfirm your appointment.13.6. All payments must be made by bank transfer.13.7. If you do not make payment to us by the due date as shown on the invoice, we maycharge you interest on the overdue sum at the rate of 4% per annum above the baselending rate of the Bank of England from time to time. Interest will accrue on a dailybasis from the due date for payment until the actual date of payment of the overduesum, whether before or after judgement. You must pay any interest due when payingan overdue sum.13.8. ‘First Inventory Free’ promotions:13.8.1. Occasionally we may offer 'First Inventory Free' promotions to potentialcustomers. This promotion is only available to letting agents and you mustprovide a copy of a promotional leaflet and / or email from one of our regionaldirectors at the time of booking.13.8.2. The promotion is only valid for inventories for a property size of up to twobedrooms and must be unfurnished. If your first job is for a specificationlarger than this, you can either pay the full price and wait until a propertymatching the specification is ready for an inventory and claim the offer then,or you can instead claim a credit note of £60 + VAT against the value of theinventory actually booked.13.8.3. This promotion can only be used once per customer, regardless of how manydepartments or branches the customer operates.14. Ownership and copyrightAll reports and their respective copyrights will remain the property of miServices South. Uponfull receipt of payment, we will grant you a non-exclusive, non-transferable licence to use thereport solely for the purpose for which it was provided by us. You must not sublicense, assign,sell, or transfer the licence or the report to any third party without the prior written consent ofus. You shall not decompile, reverse engineer, disassemble, or attempt to derive the sourcecode of the report, and shall not remove or alter any copyright or proprietary notices.miServices South retains all rights, title, and interest in and to the reports, including allintellectual property rights such as copyright, trademarks, and trade secrets. We reserve theright to terminate this licence if you breach any of the terms and conditions contained herein.15. Events outside of our control (Force Majeure)8

15.1. We will not be liable for any failure or delay in performing our obligations where thatfailure or delay results from any cause that is beyond our reasonable control. Suchcauses include, but are not limited to: medical emergencies affecting ouremployees/contractors and/or their dependants, power failure, internet serviceprovider failure, industrial action, civil unrest, fire, explosion, flood, storms,earthquakes, subsidence, acts of terrorism, acts of war, governmental action,epidemic or other natural disaster, or any other event that is beyond our control.15.2. If any event described under this clause occurs that is likely to adversely affect ourperformance of any of our obligations under these Terms and Conditions:15.2.1. We will inform you as soon as is reasonably possible;15.2.2. Our obligations under these Terms and Conditions will be suspended and anytime limits that We are bound by will be extended accordingly;15.2.3. We will inform you when the event outside of our control is over and providedetails of any new dates, times or availability of services as necessary;15.2.4. If an event outside of our control occurs and you wish to cancel the Contract,you may do so in accordance with your right to cancel.15.3. When a job is booked in for a time, the agreed schedule only indicates tentativetiming as the actual arrival time can vary on a number of factors that are outside ourcontrol, including but not exclusively:15.3.1.1. traffic jams, road works or delays in public transport;15.3.1.2. a previous job overrunning.15.3.2. It is the nature of the business there will be occasions when a job is delayedwhen a property is not ready for inspection or if the person we are meetingfor an appointment is late themselves, causing a knock-on effect.15.3.3. When a clerk is running late we will make every effort to make alternativearrangements or inform you at the earliest opportunity; unfortunately this maynot be possible in certain circumstances.15.3.4. We will not be liable for any delayed appointments where that delay resultsfrom any cause that is beyond our reasonable control.16. Data Protection StatementWe may need to collect and store personal information about you, and other parties ifapplicable, solely to enable us to carry out your requested services. This may includepersonal names, phone numbers and email addresses. This personal data will only be usedto contact the individuals concerned to enable us to complete the services you instructed usto carry out; it will not be used for any other purpose. Personal data may be stored on ouronline booking platform, email account, or web server, if it is documented in one of ourreports. Otherwise, it will not be shared with other organisations outside the miServicesgroup, unless we are required to do so by law. For more information, please refer to our DataProtection Policy (available on request).17. Complaint ProcedureWe hope you will be very happy with our service but if you feel the need to raise a concern,we ask that you submit your concerns by email to office@mobileinventory.co.uk in the firstinstance. We will attempt to resolve your issue informally. If you are still dissatisfied and feelthe need to start a formal procedure, you may request a copy of our complaints policy. Thepolicy contains all the details of the formal complaints process.9

18. Contact Information18.1. miServices South can be contacted by phone +44 (0)345 680 2178 or by emailoffice@mobileinventory.co.uk.18.2. Phone calls to and from miServices South may be recorded for quality assurance,training purposes and to ensure accurate record-keeping. By phoning miServices,you consent to this recording. If you do not wish to be recorded, please inform theoperator upon starting the call or consider contacting us by email.19. Company Information19.1. miServices South is a trading name of FDD (Services) Limited, a registered companyin England and Wales. Our company number is 08579510 and our registered officeaddress is 142a Canterbury Road, Folkestone, Kent, CT19 5PH.19.2. FDD (Services) Limited is a franchisee of Mobile Inventory Services Limited.19.3. FDD (Services) Limited and Mobile Inventory Services Limited are members of theProperty Redress Scheme (membership number: PRS005232).19.4. FDD (Services) Limited is registered with the Information Commissioner’s Office(ICO) (registration reference: ZA4737711).19.5. FDD (Services) Limited holds Professional Indemnity Insurance and Public andProducts Liability Insurance through accredited providers. Further details areavailable on request.10