- Welcome to Vesta! The services offered by us (as detailed in our terms and conditions and on our website) (the "Services") are provided through www.vestaproperty.com (the "Website"). The Website is operated by Vesta Global Limited ("Vesta"). We are registered in England and Wales under company number 10626632 and have our registered office at New Zealand House, 80 Haymarket, London SW1Y 4TE.
- To contact us, you can email us at firstname.lastname@example.org or fill in an online form which you can find email@example.com or fill in an online form which you can find here or fill in an online form which you can find here
- In the Terms references to "we", "our", or "us" are to Vesta.
- We may refer to you in the Terms as a "User" or "you"/"your". If you are using the Website to sell a property we may also refer to you as a "Seller"; and if you are using the Website to purchase a property we may refer to you as a "Buyer". Any person using the Services for the purchase (or prospective purchase) of a property will be referred to as a "Buyer" whether or not the transaction is completed.
- You must be aged 18 or over to register for an account on the Website ("Account") and to use the Services. We reserve the right to request proof of age at any time and may suspend or cancel a person's account until satisfactory proof of age has been provided.
- General information shown on our Website
- Except as expressly set out in the Terms (in particular paragraph 15 (Document Pack) of the Terms and Conditions for Selling or Buying a Property): (i) the content on our Website is not intended to amount to advice on which you should rely. You may wish to obtain professional or specialist advice before taking any action on the basis of the content on our Website; and (ii) although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
Updates to the Terms
- We may update our Terms from time to time. Updates will be available online and we may also send you details of any changes to your Account or by email.
- It is your responsibility to check for any changes to the Terms. We recommend that every time you wish to use the Website or the Services, you check the Terms that apply at the time.
- Your continued use of the Website and the Services will indicate your acceptance of the Terms that apply at the time. You should not continue to use the Website and Services if you do not agree to the changes to the Terms.
Access to your Account
- We reserve the right to access your Account, and to take any steps that we consider necessary including suspending or closing the Account, in the following circumstances:
- if in our opinion you have failed to comply with any of the Terms, or to ensure compliance with the Terms which may include withdrawing properties that have been sold privately or by a third party or withdrawing any offers that you have made on a property;
- to provide content to law enforcement agencies;
- to detect, prevent and address the issues relating to the following: security, fraud, technical risks and the safety of others; or
- to change log in details or passwords.
Access to the Website and User Content
- Certain features of our Website may allow you or other Users to upload content and information to our Website (User Content), for example questions to a Seller of a property listed on the Website.
- You must not use the Website in an unlawful, fraudulent or harmful way. Without limiting the foregoing obligation, you must not use the Website to transmit or post any material or User Content which is defamatory, offensive, indecent or obscene or menacing or which may breach the privacy or confidentiality of any other person, or infringe any copyright, or other intellectual property rights of any other person. We reserve the right to remove or modify any content including any User Content for any reason, including any content and User Content that we believe breaches the Terms.
- Any User Content uploaded to our Website will be considered non-confidential and non-proprietary, and if you have uploaded it you give us the right to use, copy, host, distribute and disclose the User Content to third parties.
- You agree that you are solely responsible for keeping your password and other Account details confidential.
- We do not guarantee that:
- the Website, or any content on it, will always be available or be uninterrupted; or
- that the Website will be secure or free from infection, bugs or viruses and/or other code that has contaminating or destructive properties; and we accept no responsibility for any damage caused. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.
- You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it or suggest any form of association, approval or endorsement on our part where none exists.
- We may (at our discretion) withdraw, suspend or modify the Website or certain features or parts of it. You agree that we will not be liable to you or to any third party for any withdrawal, suspension or modification of this Website or any of the Services available on or through the Website.
- Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
How we may use your personal information
- For some of the Services we provide, we will need to transfer your personal details to certain third parties to enable us to provide those Services. For example if you are using the Website to sell or buy a property, we will need to provide your details to the Buyer or Seller (as applicable), as well as our representatives such as viewing agents, surveyors, photographers and search providers. The personal details we will provide to those third parties will include your name and contact details.
Intellectual Property Rights
- We are the owner or the licensee of all intellectual property rights and moral rights in the Website, in all of the material published on it and any materials created from them including any Listings. Those works are protected by copyright laws and other rights around the world. Other than as set out in the Terms, you shall not have any rights in respect of any intellectual property owned by us or our licensors and must not assert or attempt to obtain any such rights.
- You may not distribute, scrape, copy, reproduce, edit or transmit any materials from the Website, including without limitation any documents, photographs, information or other content from the Website or create materials from them without our prior written permission. However, you are granted a limited right to retrieve, display and print content from the Website for your own personal, non-commercial use and to the extent necessary to enjoy the benefit of the Services only.
- You must not remove any copyright, trade mark or other intellectual property notices or watermark contained in any material copied or printed from the Website.
- Any rights to use the content given to you under the Terms shall end immediately upon any failure by you to comply with any of these Terms, and you must (at our option) return or destroy any copies of the materials you have obtained or created from the Website.
- Our liability to you in relation to your use of the Website is set out in paragraph 2 of the Terms and Conditions for Selling and Buying a Property.
Terms & Conditions - Selling or Buying a Property
Our approach is designed to make selling and buying buy-to-let property fast, simple and accessible.
These terms and conditions (the "Terms") apply to Users wishing to sell a property through the Website or to buy a property outright ("Property"). If you are seeking to buy or sell a property portfolio, then please email us at firstname.lastname@example.org.
- In these Terms the following words and phrases shall, unless the context otherwise requires, have the following meanings:
- "Buy it Now Price" means a fixed price, agreed with the Seller, and the Seller agrees to accept any offer for the Property made by a Buyer at or above that amount.
- "Document Pack" means a pack of documents relating to the Property which will be available on the Website including the rental history of the Property (as provided by the Seller), tenancy agreement, a Homebuyer Report and any searches or enquiries relating to the Property, including a report on the results of such searches and enquiries.
- "Fees" means the total fees payable by you for the Services. Details of all fees to be paid and when they are to be paid are set out in the Schedule to these Terms.
- "Listing" means the details and particulars of a Property, including a description of the Property and the local area, the marketing price, photographs and a floorplan and room dimensions, which shall be prepared by us for approval by the Seller,
- "Listing Fee" means the amount set out in the Schedule which must be paid by the Seller for the marketing of a Property on the Website.
- "Marketing Period" means a period of six months from when a Listing is first published on the Website.
- "Re-listing Fee" means the amount set out in the Schedule which must be paid by the Seller if it wishes to continue marketing a Property on the Website after the initial Marketing Period has expired.
- "Reservation Fee" means the amount set out in the Schedule which must be paid by the Buyer once an offer has been accepted on a Property.
- "Viewings Fee" means the fixed price set out in the Schedule for which Vesta will conduct all viewings at a Property on behalf of the Seller.
- We may use the services of subcontractors or agents for the purposes of fulfilling our obligations under these Terms.
- You may not transfer any of your rights under these Terms to any other person without our written agreement. We will not refuse to give our agreement without good reason. We may transfer our rights under these Terms to another business, and we will always notify you in writing if this happens. This will not affect your rights under these Terms.
- If you breach these Terms and we choose to ignore this, or if we delay in enforcing any of our rights against you, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms.
- 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.
- These Terms form a contract between you and us. You accept and agree that it is not the intention of either of us that any third party shall have the right to enforce any provision of the Terms.
- These Terms will be subject to the laws of England and Wales and we both agree that the courts of England and Wales will have exclusive jurisdiction, except 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.
- If we fail to comply with our obligations under these Terms, we are responsible for any loss or damage you incur that is a foreseeable result of that failure or our failing to use reasonable care and skill in providing the Services. We will not be responsible for any loss or damage which is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen, or if at the time you engaged us to provide the Services, both we and you knew it might happen.
- We shall have no liability to you for any delay in the performance of our obligations under these Terms if caused by an event or circumstance outside of our reasonable control including, but not limited to non-performance by our subcontractors or agents; interruption or failure of systems or network access; flood, fire, explosion or other natural disaster.
- If you use the Services and the Website for any commercial or business purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Our total liability, whether in contract, tort (including negligence) or otherwise, for any loss or damage arising from or in connection with your use of the Services and the Website, is limited to £500,000. These limits apply to any and all causes of action against us arising from or in connection with your use of the Website or the Services.
- If we or our representatives are providing services in your Property, we will make good any damage to your Property caused by us while doing so. However, we will not be responsible for the costs of repairing any pre-existing faults or damage to your Property that we discover while providing the Services.
- These limitations and exclusions of liability will not affect any liability which we may have to you in respect of any death, or personal injury directly caused by our negligence, any loss caused by our fraud or fraudulent misrepresentation or for any other liability which cannot lawfully be excluded or limited.
Third Party Introductions
- We may introduce you to certain third party services, including solicitors, conveyancing practitioners, mortgage providers, property managers, insurance providers and letting agents but only where we reasonably believe that third party is able to provide the relevant products and services in a competent and professional manner. In some cases, we may be paid a commission by that third party if you purchase the relevant products and services from them. You are not required to use those products or services and are under no obligation to enter into any arrangement with any third party that we introduce you to. You expressly agree that we may accept and retain in full any commission or payment made to us as a result of that introduction.
- We are committed to providing the best possible service to you. If for any reason you are not happy, please get in touch as soon as possible so that we can resolve any issue with you.
- You should write to our Compliance Officer, setting out the details of your complaint, at the following address: New Zealand House, 15th Floor, 80 Haymarket, London SW1Y 4TE or email@example.com.
- Your complaint will be acknowledged within three working days of receipt. Our Compliance Officer will investigate each complaint carefully and aim to respond within 14 days.
- If you are not happy with the outcome of your complaint you may take it to The Property Ombudsman. Further information regarding The Property Ombudsman scheme can be found at www.tpos.co.uk.
- You may also make a complaint through the European Commission’s Online Dispute Resolution Platform which can be accessed at http://ec.europa.eu/consumers/odr/.
Terms applicable to Sellers
Description of Services
- Our services are different to traditional estate agents. We focus on making selling buy-to-let property fast, simple and accessible for both sellers and buyers. It is important that you read all the Terms to ensure that our Services are right for you.
- Any Property that you wish to list for sale on the Website must be located in England, Wales or Northern Ireland. We are not currently able to include any Property in Scotland on the Website.
- To sell your Property on the Website you will need to be a full registered User. To list a Property for sale you will need to start by selecting the 'Sell a property' option on your Account.
- We are legally required to carry out identity checks on sellers and buyers of the properties that we market. Before we list your Property on the Website we may seek documentation or information from you to confirm your identity. If you do not provide the information or we are unable to satisfactorily complete the identity checks we will not be able to provide the Services.
Your obligations. To use the Services you must:
- provide us with documents so that we can carry out identity checks. This is required to comply with anti-money laundering regulations. You will need to provide an official document with a photograph which confirms your identity, your residential address and date of birth. The documents requested to complete the checks will typically be your passport and a utility bill;
- pay us the Fees. You can make payment through your Account using a debit or credit card;
- provide us with a description of the Property and any other information relating to the Property that we request from you including:
(a) the rental history of the Property and all documents relating to the tenancy; and
(b) any other information that is to be included within the Document Pack.
By submitting these documents to us, you confirm that the documents are complete and accurate in all material respects, and you authorise us to publish them on the Website as part of the Document Pack. You must update us promptly if any of that information changes whilst the Property is listed on the Website;
- answer any questions from a Buyer about the Property promptly and accurately;
- notify us in advance of any period when you will not be contactable or able to receive messages sent through the Website; and
- comply with all your obligations under these Terms.
- Our obligations. We will:
- use all reasonable endeavours to market your Property for sale on the Website, and any other platforms which we choose;
- obtain an initial desktop valuation of the Property which we will use to discuss and agree a proposed marketing price with you. With your agreement, this may include a Buy it Now Price for the Property;
- arrange for our representatives to attend one or more visits to the Property to:
(a) complete a Homebuyer Report on the Property. This will be included in the Document Pack and may be used by Buyers to assess the condition and value of the Property; and
(b) collect any information required to prepare a Listing for the Property, including a written description, floorplans, photographs and any other documents or certificates relating to the Property;
- arrange for an Energy Performance Certificate to be obtained, if required;
- prepare a Document Pack for the Property and make it available to Buyers on the Website;
- facilitate the booking of viewings of the Property;
- provide a facility for Buyers to make offers on the Property; and
- provide reasonable assistance to both the Buyer and the Seller in securing the exchange of contracts and completion of the sale of the Property.
Ability to sell the Property
By providing the details of your Property to us, and instructing us to market it for sale, you confirm that you:
- own the Property and have the legal right to sell it (this means that you have the permission from all other owners of the Property);
- have permission from all other owners to market the Property for sale on our Website;
- where appropriate have informed your mortgage provider (or any other charge holder) and all occupiers of your intent to sell the Property and that there are no circumstances in relation to the mortgage, charge, or tenancy that would prevent a sale; and
- have all other necessary rights and authorities to instruct us to market the Property for sale.
- You agree to reimburse us in full for any costs, claims or liabilities that we incur as a result of you failing to comply with the requirements of this paragraph 6.
Fees and Payment
- A full breakdown of the Fees to be paid by you for the marketing of your Property and when they will be due and payable is provided in the Schedule to these Terms.
- Please note that the Fees are payable even if the Property is not sold, or is withdrawn or removed from the Website.
- If you miss or cancel any of the appointments referred to in paragraph 5.4.3 above, without at least 24 hours' notice, then we may at our discretion charge an additional fee to rearrange these appointments.
- There are certain circumstances when you may be entitled to a refund of the Fees and these are detailed in paragraph 13 below.
- You are not entitled to any refund or reduction if the Fees are reduced at a later time. It is your responsibility to check the prices applicable at the time as they may be increased in the future.
- Content of the Listing
- You will be asked to approve the Listing before it is published on the Website. You must review the content of the Listing carefully and inform us of any mistakes or incomplete information. The Listing will not be published on the Website until you have approved it in writing.
- You must make sure that all statements you make about the Property, through any method of communication, whether to us, our agents or Buyers are complete, accurate and not misleading.
- The price of the Property will be discussed and agreed between us. We may ask you to provide supporting information where there is any significant difference in our suggested marketing price. With your agreement, we will also include a Buy It Now Price in the Listing.
- Once the Listing has been approved by you, it will then be published on the Website for the initial Marketing Period.
- If you have not accepted an offer on the Property by the end of the initial Marketing Period, you have the option to re-list the Property on the Website by paying a Relisting Fee. If you choose not to re-list the Property, the Listing will be removed from the Website at the end of the initial Marketing Period.
- Our ability to amend or remove the Listing: we may amend or remove the Listing, without notice, in the following circumstances:
- on the expiry of the initial Marketing Period;
- if any of the information in the Listing is false, misleading or inaccurate;
- if the Listing is in breach of a third party's rights; or
- if the Listing is in breach of any applicable legislation.
For Sale Board
As part of the Services, we may arrange for a 'For Sale' board to be erected at the Property. All boards will belong to us but you will be responsible for maintaining it (or arranging any maintenance required) while it is displayed at the Property. If the Property is sold or is withdrawn from the Website you must ensure that the board is kept securely for us until we collect it.
- All viewings will be arranged through the Website. You will be notified of the name of the Buyer(s) who wish to view the Property together with the proposed date and time.
- If you would like to take advantage of our viewings services, one of our representatives will conduct viewings on your behalf. We will conduct all of your viewings at the Property following your payment of the Viewings Fee.
- You will also be able make your own arrangements for conducting viewings.
- It is your responsibility to ensure that the Property is in a safe and suitable condition for the viewing, and, where applicable, that our representative has access to the Property at the agreed date and time. If your Property currently has tenants in occupation, then you must ensure that they have given their consent to the viewings before they take place.
- Once an offer has been received, you will be given prompt written notice through the Website by a message to your Account and an email. Offers may only be made by Buyers that have registered on our Website and successfully completed our identity checks. You must not accept any offer from a Buyer(s) introduced to you by Vesta through any route other than the Website.
- You must endeavour to respond to any offer within 24 hours of receiving it. You may accept or reject an offer or make a counter offer. If you receive an offer at or above the Buy It Now price, then you must accept that offer.
- Once an offer is accepted this will be confirmed to the Buyer and they will be required to pay the Reservation Fee. Once payment has been received, this will be confirmed to you in writing. We will then provide instructions to both parties' solicitors and the conveyancing process will begin.
- Once you have accepted an offer on a Property, the offer function on the Website will be disabled. We will also ask you to confirm in writing that you do not wish to be notified of any further offers that may be made on the Property and that the Property can be withdrawn from the market.
- We may suspend or cancel the Services immediately at our reasonable discretion or if you breach any of your obligations under these Terms (in which case no refund of the Fees will be due).
- We will also be able to terminate the provision of the Services (and we will have no obligation to refund any Fees to you) in the following circumstances:
- if the Marketing Period expires and no Relisting Fee has been paid by you;
- if you or the Listing brings our reputation into disrepute; or
- if you are not co-operating with us and then we are unable to provide the Services.
- You may cancel the Services at any time by giving us written notice. Except as provided in paragraph 12 below, no refunds will be provided. If you cancel the Services once you have accepted an offer on your Property you will still have to pay all Fees which are due.
- You will not be able to re-instate the Listing once you have cancelled the Services, without incurring an additional fee.
- If you cancel the Services within 14 days of making payment of the Listing Fee, we will provide you with a full refund. To cancel the Services, you must clearly inform us in writing by email to firstname.lastname@example.org. Alternatively you can use the cancellation form included at the end of these Terms.
- Please note that Vesta will only begin providing the Services after this 14 day cooling off period has expired unless you expressly agree in writing for us to commence the Services. If you agree that we may start the Services and then cancel the contract, then no refund will be due.
Terms applicable to Buyers
Description of Services
- Our services are different to traditional estate agents. We focus on making selling residential investment properties fast, simple and accessible for both buyers and sellers. It is important that you read all the Terms to ensure that our Services are right for you.
- To browse available Properties you will need to visit our Website. Your use of the Website will be subject to the obligations set out in these Terms.
- Once you have registered, you will be able to view Document Packs for each Property which will help you make an informed opinion about a Property before you have visited it.
- Any viewings that you wish to arrange and questions about the Property must be managed through the Website. You may ask the Seller questions about a Property through the Website. You should be aware that any questions which are submitted and the Seller's responses (as well any offer you make on a Property) may be moderated and published on the Website and visible to other Users. We will not publish any information on the Website identifying you or including any of your personal information.
- We are legally required to carry out identity checks on sellers and buyers of the properties that we market. This is required to comply with anti-money laundering regulations. We encourage you to provide us with any documents or information that we request to enable us to carry out those identity checks as early as possible once you have registered for an Account. If you do not provide us with the required information or we have not be able to complete the checks before you make an offer on a Property, you should be aware that the transaction will not be able to proceed (even if the Seller has indicated that the offer will be accepted) until the checks are satisfactorily completed. This may mean that the Seller accepts an offer on the Property from another buyer. You will need to provide an official document with a photograph which confirms your identity, your residential address and date of birth. The documents requested to complete the checks will typically be your passport and a utility bill.
- Once your offer has been accepted by a Seller, you must pay us a ReservationFee to cover the Services provided by us, including the information in the Listing and Document Pack which has been provided upfront. Details of the Reservation Fee and when it must be paid by you are set out in Schedule 1 to these Terms.
- The Document Pack will be tailored for each Property. It may include some or all of the documents listed on the website.
- The Document Pack is to provide you with further information about the Property to enable you to make an informed decision when making an offer. The Document Pack reflects the information available and the market conditions at the time at which it is prepared. It may only be relied on in respect of the specific matters to which it relates. It is not intended to be exhaustive and you may wish to obtain further professional or specialist advice.
- The Document Pack will be updated as additional documents become available, so please check the Website on a regular basis for further information. You should carefully consider if you wish to make an offer on a Property before all of the documents are available.
- If you are relying on a mortgage to facilitate your purchase of the Property we cannot guarantee that your mortgage provider will not require an additional valuation or survey of the Property or other checks being carried out as a condition of any mortgage offer.
- We will, and will ensure that our representatives provide the Services and prepare the Listing and the Document Pack using reasonable skill and care and in accordance with these Terms. Subject to this, you acknowledge and accept that Vesta will not be responsible for nor will it have any liability to you or any other third party directly or indirectly for any:
- inaccuracies or errors in or omissions in any documents provided by a third party acting in their professional capacity; or
- any act or omission of a third party acting in their professional capacity.
- The Document Pack is provided for your use only, and it may not be used or relied on for any other purpose, or disclosed (other than as required by law) to any other person (other than your mortgage company and any professional advisers used by you in connection with the purchase) without our prior written consent. We will have no liability in respect of any such use by a third party.
- All viewings of a Property must be arranged through Vesta.
- You must make all reasonable efforts to attend viewings at the agreed date and time.
- If you consistently fail to attend viewings then we may, at our discretion, suspend your Account and prevent any future use of or access to the Website by you with immediate effect.
Making an Offer
- Any offer on a Property must be made through the Website using your Account. You must not in any circumstances approach a Seller directly.
- You must only make an offer if you are in a position to proceed with the offer.
- Once you have made an offer, the Seller will be promptly notified through the Website.
- The Seller will then either accept or reject your offer. They will also be able to make a counter offer. If the Listing includes a Buy it Now Price and you make an offer at or above that amount, the Seller must accept your offer.
- If your offer is accepted by the Seller then you will need to pay us a Reservation Fee (see Schedule 1 to these Terms for further details). Payment may be made through your Account using a debit or credit card.
- Your right to buy the Property will only be secured once we have received the Reservation Fee. If you do not promptly pay the Reservation Fee when it is due then the Seller may accept an offer on the Property from another buyer.
- After we have received the Reservation Fee then we will send instructions to both parties' solicitors and the conveyancing process will begin.
- We may suspend or cancel the Services and your access to the Website immediately if you breach any of your obligations under these Terms. No refund of any Reservation Fee already paid by you will be provided in these circumstances.
- You may withdraw an offer at any time before exchange of contracts for the Property. However, except as provided in paragraph 19.1 below, no refund of the Reservation Fee will be provided.
- If you wish to withdraw your offer for any reason within 14 days we will provide you with a full refund of the Reservation Fee. To withdraw your offer, you must clearly inform us in writing by email to email@example.com . Alternatively you can use the Cancellation Form included at the end of these Terms.
*All amounts below include any applicable VAT
- Option 1
- £900 for each Property listed on the Website
- After identity checks have been completed but before a Property is listed on the Website
- Option 2
- £300 for each Property listed on the Website
- Plus £900 for each Property listed on the Website where an offer has been accepted by the Seller
- After identity checks have been completed but before a Property is listed on the Website
- Upon an offer being accepted by the Seller for each Property listed
- £1,500 for each Property listed on the Website where an offer has been accepted by the Seller
- Upon completion of the sale of each Property listed
- £300 for each Property to conduct all viewings on behalf of the Seller for that Property
- Before we manage any viewings at the Property on your behalf
- £900 for each Property on which an offer has been accepted by a Seller
- After any offer has been accepted by the Seller for a Property and identity checks have been completed
To Vesta Global limited [insert postal/email address]
I/We hereby give notice that I/We cancel our contract for the supply of the Services.
Date of Contract/Instruction:
Name and Address of Customer
Signature – if sent by post