Terms and Conditions
We operate the domain sign.swipepropertymanagement.com which is an electronic document signing system used as an extension of the Swipe Property Management software. We are Swipe Living limited, a company registered in England and Wales under company number 10205605 and with our registered office at Ashcourt Group, Foster Street, Hull, HU8 8BT.
This page (together with the documents expressly referred to on it tells you information about us and the legal terms and conditions (Terms) on which we supply any of the Services (as defined below) on sign.swipepropertymanagement.com (our site).
Some sections of these Terms will only apply if:
- you are using the Services as a landlord or letting agent and are therefore using the Services to facilitate leasing out a property or properties which you own, or otherwise have the right to lease out, to a prospective tenant user (a landlord user);
- you are using the Services as a tenant user and are therefore using the Services to facilitate leasing a property from a prospective landlord user (a tenant user);
- you are using the Services as a guarantor and are therefore using the services to facilitate you guaranteeing the obligations of a tenant user or tenant users on request from that tenant user or tenant users as required by a prospective landlord user (a guarantor user).
Please note that some sections of these Terms will apply regardless of your status.
These Terms will apply to any contract between us for your use of the Services (User Agreement) whether as a landlord or letting agent, tenant user or guarantor user. Please read these Terms carefully and make sure that you understand them, before signing up for, using and purchasing the Services on our site. Please further note that if you are a landlord or letting agent, the User Agreement (being the contract between us for your use of the Swipe property management software) is a separate contract entirely.
If you refuse to accept these Terms, you will not be able to sign up for or otherwise use the Services on our site. You should print a copy of these Terms or save them to your computer for future reference. These Terms, and any User Agreement between us, are only in the English language.
1 Tenancy Agreements, Guarantor forms and documents signed via our platform
1.1 Tenancy agreements and guarantor contracts are made exclusively between Landlords or letting agents and tenants and guarantors. We are not a party to any tenancy agreement, or negotiation to any tenancy agreement, and do not fulfil any obligations derived from the contractual relationship between Landlords or letting agents and tenants or guarantors nor do we guarantee the performance of any Landlord or letting agent. We do not make or accept any offers, either in our own capacity or on behalf of either Landlords or letting agents and tenants or any other party. We disclaim all liability arising from or related to any tenancy agreement to the fullest extent permitted by law.
1.2 To the fullest extent we are lawfully permitted to do so, we disclaim all liability for the legality, accuracy or completeness of any tenancy offers or content posted by Providers and in respect of any proposed tenancy agreement that fails to complete for any reason whatever.
2 The Services
2.1 We shall supply the Services to you in accordance with the description of the Services, as listed on our site from time to time and as applicable to your status (i.e. as a landlord user, tenant user or guarantor user) in all material respects.
2.2 We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and we shall notify you in any such event.
2.3 Our site is a bespoke electronic document signing platform available to Swipe Property Management software customers. Our site is tailored around each individual users processes and we (Swipe Living Limited) accept no liability for any failings or shortcomings in the document singing processes of our users.
3 Use of our site
4 How we use your personal information
4.2 Your personal information (such as but not limited to; student ID number, home address, national insurance number, mobile number and next of kin details) and other information relating to your tenancy agreement (such as but not limited to rental address, tenancy dates, payment amounts and due dates, bank account details for rent payments and details of the property landlord *if applicable) may be shared with third parties such as your nominated guarantor (a person or persons) a third party organisation acting as your guarantor.
4.3 We (Swipe living Limited) can accept no responsibility for data shared by your landlord or letting agent. You will need to review their company policies regarding data sharing. We accept no liability for any data shared by your landlord or letting agent.
5. Your status
By signing up for the Services and using the Services through our site, you warrant that:
5.1 You are legally capable of entering into binding contracts and, if you are a landlord or letting agent user, that you have authority to bind any business on whose behalf you use our site and/or the Services;
5.2 These Terms and any documents referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them;
5.3 If you are an individual, you are at least 18 years old
6. Assured Shorthold Tenancy / Licence
6.1 If you are a landlord user, you are also agreeing to enter into an Assured Shorthold Tenancy (AST) or licence to occupy (Licence) (as applicable) if and when a tenant user chooses one of your properties advertised or otherwise listed on our site to lease/occupy (as applicable) and subject always to that tenant user and, if applicable, that tenant's relevant guarantor user or guarantor users providing you with such information and documentation that you reasonably require and to your satisfaction. The AST or Licence (as applicable) is separate to the User Agreement and you acknowledge that we are not a party to any AST or Licence completed through the Services.
6.2 If you are a landlord user you agree that you will give us full details of all information and/or documentation you require from a tenant user and, if applicable, any guarantor user.
6.3 If you are a tenant user, you are also agreeing to enter into an AST or Licence (as applicable) if and when you choose a property advertised or otherwise listed on our site to lease. You hereby acknowledge that we do not have any knowledge or control over the content of the relevant AST or Licence (as applicable) you will be asked to enter into. The AST or Licence (as applicable) is separate to the User Agreement and you acknowledge that we are not a party to any AST or Licence (as applicable) completed through the Services.
6.4 If you are a tenant user, you are also agreeing to provide such information and/or documentation as we or any landlord user in respect of a property you are proposing to lease as advertised or otherwise listed on our site reasonably requires. Such information may include, but is not necessarily limited to, your name, address, date of birth and other person information, bank and other financial details and documents proving your identity and creditworthiness.
6.5 For the avoidance of doubt, we do not provide payment services under the Payment Services Regulations 2009.
6.6 If you are a guarantor user, you are also agreeing to enter into an AST or Licence (as applicable) in respect of the property proposing to be leased by the tenant user or tenant users for whom you are providing the guarantee. You hereby acknowledge that we do not have any knowledge or control over the content of the relevant AST or Licence (as applicable) you will be asked to enter into. The AST or Licence (as applicable) is separate to the User Agreement and you acknowledge that we are not a party to any AST or Licence (as applicable) completed through the Services.
6.7 If you are a guarantor user, you are also agreeing to provide such information and/or documentation as we or any tenant user or any landlord user in respect of the property proposing to be leased by the tenant user or tenant users for whom you are providing the guarantee as advertised or otherwise listed on our site reasonably requires. Such information may include, but is not necessarily limited to, your name, address, date of birth and other person information, bank and other financial details and documents proving your identity and creditworthiness.
6.8 The form of AST or Licence (as applicable) to be used will either be provided by the landlord user, a relevant third party (such as a university or letting agent) or ourselves.
6.9 Swipe Living Limited does not provide a sample assured shorthold tenancy template (“Template AST”) for use by its users through its site. Any AST’s used on the site belong to the Landlord or letting agent. Swipe Living limited is not a legal practice and nothing on this site constitutes legal (or any other form of) advice. Swipe Living Limited, its agents, officers, employees, contractors and other representatives shall not be liable for any loss or damage arising directly or indirectly from the possession, publication, or use of, or reliance on, the AST signed on our site.
7. You shall:
7.1 Ensure that any information and/or documentation you provide to us and/or any landlord user, tenant user and/or guarantor user is complete, accurate and not misleading;
7.2 Co-operate with us and any landlord user, tenant user and guarantor user in all matters relating to the Services; an
7.3 Provide us with such information, documents and materials as we and/or any landlord user, tenant user and/or guarantor user may reasonably require in connection with the Services and ensure that such information is accurate in all material respects.
7.4 If the performance of any of our obligations under the User Agreement is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Default):
7.5 We shall, without limiting our other rights or remedies, have the right to suspend performance of the Services until you remedy the Default, and rely on the Default to relieve us from the performance of any of our obligations to the extent the Default prevents or delays our performance of any of our obligations; and
7.6 We shall not be liable for any costs, expenses or losses sustained or incurred by you arising directly or indirectly from your failure or delay to perform any of your obligations as set out in this clause 13 or otherwise in this agreement.
7.7 It is your responsibility to check the accuracy of any material submitted to us on the Site and we assume no responsibility for any errors whatsoever.
8 Our rights and obligations
8.1 We may revise these Terms from time to time.
8.2 Every time you sign up for the Services, the Terms in force at that time will apply to the User Agreement between you and us.
8.3 We shall use reasonable commercial efforts to maintain the availability of our site at all times.
8. 4 We warrant that the Services will be provided with reasonable care and skill.
9 Events outside our control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a User Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 20.2.
9.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
9.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a User Agreement:
9.3.1 we will contact you as soon as reasonably possible to notify you; and
9.3.2 our obligations under a User Agreement 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 delivery of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
10 Data Protection
10.3. We will process any personal data provided in our processor capacity, only on the written instructions of the property manager unless we are required by applicable laws to otherwise process that personal data relating to your tenants. Where we are relying on laws of a member of the EU or EU law as the basis for processing personal data, we shall promptly notify the property manager of this before performing the processing required;
10.4 We will ensure, in both our controller and processor capacities, that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data uploaded to our site on another's behalf, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
10.5 Ensure that staff who have access to and/or process personal data:
10.5.1 are obliged to keep the data confidential; and
10.5.3 will comply with reasonable instructions (in accordance with these terms and conditions) notified to us in advance with respect to the processing of the personal data;
10.5.4 assist you as property manager, at your cost, in responding to any request from a data subject (tenant) and in ensuring compliance with your obligations under the General Data Protection Regulation (GDPR) ((EU) 2016/679) and any other directly applicable EU regulation relating to privacy with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
10.5.5 notify you without undue delay on becoming aware of a data breach;
10.5.6 at your written direction, delete or return personal data and copies thereof to you on termination of the agreement unless required by law to store the personal data; and
10.5.7 maintain complete and accurate records and information to demonstrate our compliance with GDPR.
10.8 All of our tenant, landlord and guarantor records are treated as private and confidential and we therefore reserve the right to give you copies of your records if you request them. If you want sight of your records please send a request to email@example.com
11 Other important information
11.1 Please note that these Terms are governed by English law. This means a User Agreement for the purchase of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. 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.
11.2These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
11.3 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms.
11. 4 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.
11.5 These Terms are governed by English law. This means that a User Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
11.6 We will not file a copy of the User Agreement between us.