Terms and Conditions | Smart Property Service Ltd
1.0 General
1.1 These terms and conditions govern the services provided by Smart Property Service Ltd (“we,” “us,” “our”). By instructing us to provide any property-related service, whether directly or through an instructing principal acting on your behalf, you are deemed to accept these terms and conditions in full.
2.0 Provision of Services
2.1 Where a client appoints an instructing principal to commission our services on their behalf, it is the responsibility of that instructing principal to make the client aware of these terms and conditions.
2.2 We do not accept a plea of ignorance of these terms from either the instructing principal or the client.
3.0 Fees
3.1 The instructing principal, or the client directly where no instructing principal is involved, is responsible for paying all fees for services provided, in accordance with our current scale of fees.
3.2 Instructing principals must pay all fees due within the period stated on the invoice.
3.3 Where a client is not represented by an instructing principal, full payment is due before or at the time the service takes place. Failure to pay will result in the service not going ahead.
3.4 We reserve the right to apply interest on overdue fees. [NOTE: the original wording here was ambiguous between a rate of 4% per month and a flat charge of £25 per month — please confirm which was intended before publishing.] Interest applies to fees unpaid more than 14 working days after the invoice date for existing clients, or 1–2 working days for new clients.
3.5 If our representative attends a booked appointment and the service cannot be carried out, for any reason including circumstances outside the client’s or instructing principal’s control, we reserve the right to charge an abortive fee of 50% of the full invoice amount.
3.6 Where a service must be repeated due to an error, omission, or discrepancy caused by the instructing principal or client, the repeat appointment will be treated as a new booking and charged at full price, unless otherwise agreed in advance.
3.7 All reports we produce, in any format, remain our property until all associated fees have been paid in full.
3.8 A full refund will be given if we are notified of a cancellation at least 24 hours before the booked appointment.
3.9 Any payment made in error must be reported to us in writing within 30 days to qualify for a full refund.
3.10 Where payment is not settled within the agreed period, we reserve the right to pursue recovery of the debt through the Small Claims Court or a debt collection agency.
3.11 We reserve the right to add any resulting legal, court, or debt collection charges to the outstanding debt.
3.12 We reserve the right to amend advertised prices at any time, and to correct errors in advertised or confirmed prices.
3.13 Key Collection and Return Charges
The quoted service fee includes key collection and return only where the collection point is within our normal service area or a reasonable distance from the property being inspected.
Where keys must be collected from or returned to a location outside our normal service area or agreed travel radius, we reserve the right to apply an additional charge for key handling, mileage, or time, starting from £10.00, depending on distance.
4.0 Disputes and Complaints
4.1 Any complaint about our services or invoices must be raised by the client or instructing principal within 1–3 working days of the service being completed, or before any deposit is processed, whichever is sooner.
4.2 We do not accept responsibility for any error or omission of data within a report.
4.3 Where a dispute arises and fees remain unpaid, any reports we have delivered remain our sole property and cannot be used for any purpose without our written permission.
4.4 We reserve the right not to attend court in connection with a dilapidation dispute if our representative did not attend the original check-in appointment or was not the one who signed the report on the client’s behalf.
4.5 Provided our representative attended the original appointment and signed the report on the client’s behalf, we will attend court to support the report’s findings regarding dilapidation at the end of a tenancy.
5.0 Services
5.1 Our reports are intended as an independent, fair, and accurate record of a property’s décor, fixtures, fittings, and furniture, along with their condition and the internal condition of the property itself. Items are recorded for visual identification only; we do not attempt to establish an item’s manufacturer, age, or provenance. A report is not a guarantee of the safety or adequacy of any furniture, equipment, or contents — it simply records that these items existed in the property at the time of the visit.
5.2 The person preparing a report is not an expert in fabrics, materials, or antiques, nor a qualified surveyor. Colour descriptions in a report refer to colour only. We do not place a monetary value on a property or its contents, nor determine whether an item is genuine or a reproduction. No report we provide should be treated as a structural survey.
5.3 Our representatives will not move heavy, large, awkward, or valuable items of furniture.
5.4 Items in inaccessible spaces, such as lofts, cellars, or areas behind locked doors, will not be listed or inspected, and remain the client’s sole responsibility.
5.5 Any contents must be returned to the rooms specified in the report by the end of the tenancy. Failure to do so may delay the appointment.
5.6 Perishable items, such as plants, cleaning materials, food, drink, and spare light bulbs, are not listed in a report. We do not individually list large collections of books, CDs, or DVDs.
5.7 We do not test electrical, gas, or central heating appliances. Electrical items are assumed complete with their fixings (plugs, flexes, etc.) unless stated otherwise.
5.8 We record utility meter readings at check-in and check-out. It is the client’s or instructing principal’s responsibility to identify the location of any meters. If a meter cannot be located or accessed, it will remain unread. We reserve the right to decline a separate return visit solely to read a meter.
5.9 The instructing principal or client remains responsible for the property’s security, heating, plumbing, and utility usage throughout the tenancy.
5.10 We cannot independently verify any time lapse between the completion of a report and the actual check-in or check-out, and acknowledge that changes to the property (damage, or items added or removed) may occur during this period.
5.11 We cannot accept responsibility for any lost or unaccounted-for keys.
5.12 We may amend any part of our services or pricing at our discretion, in response to market conditions, legislative changes, or other relevant factors. Existing clients will be notified of any such changes, in writing or verbally, before any further services are booked.
5.13 Clients are responsible for downloading, storing, and backing up any downloadable material we provide.
5.14 We take care to ensure the accuracy of floor plans; however, all measurements are approximate, and our plans are intended for illustrative purposes only.
5.15 We are not liable for incorrect measurements or calculations. Garden measurements are shown as length and width only.
5.16 All measurements and areas quoted are approximate, whether or not a disclaimer appears on the plan itself, and we are not responsible for any resulting error, omission, or misstatement.
5.17 Clients are responsible for checking that a supplied floor plan correctly represents the property, and must raise any concerns within 7 days of receipt. We accept no liability where a property valuation relies on the measurements shown in a plan.
5.18 All floor plans are provided for layout guidance only. Window and door openings shown are approximate, and plans are not drawn to scale unless otherwise agreed in writing. Clients, agents, vendors, or landlords should independently verify all dimensions, shapes, and compass bearings before relying on them for any decision.
5.19 Any discrepancies in a supplied floor plan must be reported to us within 7 days of receipt.
6.0 Dilapidations
6.1 At the end of a tenancy, the original check-in or inventory report is compared against the property’s condition, and any discrepancies are reported to the instructing principal or client. Our check-out report will indicate our opinion as to whether any liability falls on the tenant, or whether changes represent fair wear and tear. Fair wear and tear is judged based on the length of the tenancy, the type of occupancy, and the quality and durability of the items concerned. We acknowledge that the terms of the tenancy agreement itself may take precedence over our assessor’s opinion.
6.2 We do not accept responsibility or liability for any dilapidations, whether or not they are noted in our report.
7.0 Regulations
7.1 Compliance with any regulations published by the relevant government departments, trading standards bodies, or similar authorities remains the responsibility of the instructing principal or client.
7.2 Where our reports note that a certificate has been seen (for example, in relation to the Electrical Equipment (Safety) Regulations, the Plugs and Sockets etc. (Safety) Regulations, or the Gas Safety Regulations), this is not a statement that we have authenticated the certificate or verified compliance. It is simply a record that a certificate was present on the date of our visit.
7.3 Where a report notes “fire label seen,” this is not a statement of compliance with the Furniture and Furnishings (Fire) (Safety) Regulations. It is a record only that an item carried a label matching the description set out in the relevant government guidance current at the time.
8.0 Exclusion of Liability and Indemnity
8.1 Where a client or instructing principal gives us instructions that we follow in good faith, and those instructions later prove unlawful or give rise to any claim, the client or instructing principal agrees to fully indemnify us against any resulting penalties, damages, costs, or legal expenses.
9.0 Law and Jurisdiction
9.1 This contract is governed by English law in all respects, including its formation and interpretation, and is deemed to have been made in England.
9.2 Any proceedings arising from this contract may be brought in any court of competent jurisdiction in England, which shall have exclusive jurisdiction.
10.0 Contract Variation
10.1 No variation to these terms is effective unless agreed in writing and signed by an authorised representative of Smart Property Service Ltd.
11.0 Changes to These Terms
11.1 We reserve the right to amend these terms and conditions at any time. Changes take effect immediately upon being posted on our website. Clients and instructing principals are responsible for reviewing these terms periodically. Continued use of our services or website following any change will be treated as acceptance of the updated terms.
12.0 Disclaimer of Warranty and Limitation of Liability
12.1 Our website and the information it contains are provided on an “as is” and “as available” basis. We make no express or implied warranties or representations regarding the operation of the website or the accuracy of the information, content, or materials it contains. Use of our website is entirely at your own risk.
12.2 To the fullest extent permitted by law, we disclaim all warranties, express or implied, including any implied warranty of fitness for a particular purpose. We do not guarantee that our website or any related email communications are free of viruses or other harmful components. We are not liable for any direct, indirect, incidental, or consequential damages arising from use of our website. While we make reasonable efforts to keep our website accurate and up to date, we accept no liability for typographical errors or omissions in its content.
13.0 Data Protection
13.1 Any personal information collected in connection with our services is handled in accordance with our Privacy Policy, which sets out how we collect, use, and protect your data under UK GDPR.
