If You do not pay Your rent to the landlord in accordance with the terms of the tenancy agreement between You and the landlord then any, or any combination, of the following may occur:
* You may lose some or all of the deposit You have paid to the Landlord.
* The landlord may take possession of Your room and deny You access to the room.
* The landlord may allow Us access to your room on the basis We will be paying your rent under the Guarantee.
* The landlord may seek to re-let Your room to another tenant.
* The landlord may have a right to take action against You to recover form You personally any unpaid rent. This could include taking action against You in Court and obtaining a Court judgement against You.
* Your credit rating may be harmed.
* We may seek to recover any sums We have had to pay under the Guarantee from any co-signature who has provided Us with a Guarantee in respect of Your obligations under the tenancy agreement. This could be a parent or other family member. In such a situation they may become personally liable to pay any unpaid rent to Us on Your behalf.
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Event Outside Our Control: is defined in clause 8.2;
Guarantee: the guarantee We will give to your landlord in relation to your obligations to pay rent under your proposed lease with the landlord;
Order: your order for the Services;
Services: the provision of the Guarantee as set out in the Order;
Terms: the terms and conditions set out in this document; and
We/Our/Us: Student Marketing Agency Limited of Alex House, 260/268 Chapel Street, Salford, Manchester, M3 5JZ trading as “UK Guarantor”.
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2. Our contract with you
2.1 These are the terms and conditions on which We supply Services to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you sign and submit the Order. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
2.3 When you sign and submit the Order to Us, this does not mean We have accepted your order for Services. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply you with the Services, We will inform you of this by email and We will not process the Order.
2.4 These Terms will become binding on you and Us when We contact you by email Confirmation E-mail that We are able to provide you with the Services and give you the date on which we propose to give the Guarantee to your landlord, at which point a contract will come into existence between you and Us.
2.5 If any of these Terms conflict with any term of the Order, the Order will take priority.
3. Changes to order or terms
3.1 We may revise these Terms from time to time in the event of any changes in relevant laws and regulatory requirements which impacts Our ability to perform the Services.
3.2 If We have to revise these Terms under clause 3.1, We will give you at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 9.
3.3 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 9.
4. Providing services
4.1 We will supply the Services to you on or around the date set out in the Order. The Services will have been provided in full once We issue the Guarantee to your landlord as per the Order.
4.2 We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 8 for Our responsibilities when an Event Outside Our Control happens.
4.3 Before we issue the Guarantee we will require a third party (such as a parent or relative) to provide Us with a guarantee in respect of your obligations under the lease between you and your landlord.
4.4 We will need certain information from you that is necessary for Us to provide the Services, for example, the name and address of your landlord and a copy of the proposed lease with your landlord. In so far as such information has not been provided as part of the Order process, We will contact you about this. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may suspend the Services and refuse to give the Guarantee to your landlord by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked. If we suspend the Services under this clause 4.4 this does not affect your obligation to pay for any invoices We have already sent you.
4.5 We may have to suspend the Services if We have to deal with technical problems We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause 4.5 but this does not affect your obligation to pay for any invoices We have already sent you.
4.6 If you do not pay Us for the Services when you are supposed to as set out in clause 6.3, We may suspend the Services with immediate effect or refuse to give the Guarantee to your landlord until you have paid Us the outstanding amounts (except where you dispute an invoice under clause 6.5). We will contact you to tell you this. This does not affect Our right to charge you interest under clause 6.4.
5. If there is a problem with the services
5.1 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. Price and payment
6.1 The price of the Services will be set out in Our price list in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
6.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of performance of the Services, We will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect,
6.3 We will invoice you in full for the Services on or any time after We have provided the Guarantee. Where as part of the Order You have provided Us with details of Your credit card or debit card we will take payment in respect of the Services from that credit card or debit card on or any time after We have provided the Guarantee. Otherwise You must pay each invoice in cleared monies within 14 calendar days at the date of invoice by credit card, debit card, cheque or by bank transfer to Our account, the details of which will be included within the invoice.
6.4 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of HSBC Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
6.5 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 6.4 will not apply for the period of the dispute.
7. Our liability to you
7.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
7.2 We only supply the Services for private use. You agree not to use the Services for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.3 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
8. Events Outside Our Control
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
8.2 An Event Outside Our Control means any act or event beyond Our reasonable control.
8.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
8.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see your cancellation rights under clause 9. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with Our cancellation rights in clause 9.
9. Your rights to cancel and applicable refund
9.1 Before We begin to provide the Services, you have the following rights to cancel an Order for Services, including where you choose to cancel because We are affected by an Event Outside Our Control or if We change these Terms under clause 3.1 to your material disadvantage:
(a) You may cancel any Order for Services within 14 calendar days of placing an Order by contacting Us, providing you have not specifically requested us to provide the Guarantee to your landlord by a specified date which falls within 14 calendar days of placing an Order. We will confirm your cancellation in writing to you. If you have specifically requested us to provide the Guarantee to your landlord by a specified date which falls within 14 calendar days of placing an Order then you are able to cancel the Order up to the point when we provide the Guarantee to your landlord.
The easiest way to do this is to complete the cancellation form on our website. A link to the website cancelation form will be included in our confirmation email. You can of course contact us by phone or by post as per the details at clauses 11.2 and 11.3 below or use a copy of the cancellation form attached to these Terms.
(b) If you cancel an Order under clause 9.1(a) and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you via the same method as you used to pay for the Services.
(c) However, if you cancel an Order for Services under clause 9.1(a) and We have already started work on your Order by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us. However, where you have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.
9.2 Once We have given the Guarantee to your landlord you may not cancel the contract for the Services which at that point will be complete and you will not be entitled to any refund.
9.3 Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:
(a) We break this contract in any material way and We do not correct or fix the situation within 10 calendar days of you asking Us to in writing;
(b) We go into liquidation or a receiver or an administrator is appointed over Our assets;
(c) We change these Terms under clause 3.1 to your material disadvantage;
(d) We are affected by an Event Outside Our Control.
10. Our rights to cancel and applicable refund
10.1 If We have to cancel an Order for Services before we give the Guarantee to your landlord:
(a) We may have to cancel an Order before we give the Guarantee to your landlord, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. We will promptly contact you if this happens.
(b) If We have to cancel an Order under clause 10.1(a) and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
(c) Where We have already started work on your Order for Services by the time We have to cancel under clause 10.1(a), We will not charge you anything and you will not have to make any payment to Us.
10.2 We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
(a) you do not pay Us when you are supposed to as set out in clause 6.3. This does not affect Our right to charge you interest under clause 6.4; or
(b) you break the contract in any other material way and you do not correct or fix the situation within 10 calendar days of Us asking you to in writing.
11. Information about us and how to contact us
11.1 We are a company registered in England and Wales. Our company registration number is 08779946 and Our registered office is at Alex House, 260/268 Chapel Street, Salford, Manchester, M3 5JZ.
11.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by emailing Our customer service team at by e-mailing Us at firstname.lastname@example.org. We operate the website www.ukguarantor.com and use of this site is governed by our terms of website use which can be accessed here www.ukguarantor.com
11.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Student Marketing Agency Limited t/a UK Guarantor at Alex House, 260/268 Chapel Street, Salford, Manchester, M3 5JZ. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
12. How we may use your personal information
12.1 We will use the personal information you provide to Us to:
(a) provide the Services;
(b) process your payment for such Services; and
(c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us [;and
12.2?You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
We will not give your personal data to any other third party.
13. Other important terms
13.1 When we provide the Guarantee to your landlord, the Guarantee will relate to the particular property which you are to occupy at the time we give the Guarantee. The Guarantee is non-transferable and can’t therefore be transferred to either another property owned by the same landlord or another property owned by a different landlord.
13.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
13.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
13.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
13.6 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
13.7 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
This is our cancellation form which you may wish to use to cancel the contract within the cancellation period as defined in the Terms.
To UK Guarantor:
By email: ?email@example.com
By Post: ?Alex House, 260/268 Chapel Street, Salford, Manchester, M3 5JZ
I/We ? herby give notice that I/We cancel my/our contract for the supply of a guarantee by you to my landlord in respect of my rental obligations under the lease to be entered into between me and the landlord?
Ordered on [date]/ received on [date],
Name of customer(s),
Address of customer(s),
Signature of customer(s) (only if this form is notified on paper),
Date[*] Delete as appropriate.