1.1 “Agent” means Ezytrac Property Management Limited (company registration number 6700223), whose address for correspondence is Suite 6, The Regatta, Henley Way, Lincoln, Lincolnshire LN6 3QR, United Kingdom, or assigns;
1.2. “Landlord” means any person who purchases Services from the Agent, this would generally be the owner of the property, or their appointed representative, and which the Agency has authority to act on behalf of;
1.6. “Tenant” means the person contracted to rent the Property;
1.3. “Contractor” means the entity providing services on the property on behalf of;
1.4. “Services” means the contractor services as described in Work Order;
1.5. “Property” means the property where services are to be undertaken;
1.7. "Work Order" means the instruction including any conversations that define the work to be undertake on behalf of the Agent and/or Landlord on the Property;
1.8. WORK ORDER - Please analyse the details contained in this Work Order and work out the quickest and cheapest way to properly resolve the issue quickly. If you consider there are alternative approaches please feel free to discuss with us.
1.9. QUOTATION - Please provide an itemised quote with separation of parts and labour components including the make and model of any appliances to be supplied.
1.10. JOB COMPLETION REPORT - We do not need a full job report, unless requested in our Work Order, however we do need we do need details of work undertaken including individualised invoice with each category of work undertaken. This saves us time having to explain the invoice to landlords and speeds payment up.
1.11. FIX ONSITE - If you can fix onsite during your first visit please do as long as the cost is reasonable otherwise as we do need approval from our landlords.
1.12. WARRANTIES & GUARANTEES - Please state any Warranties, Guarantees in the items supplied or your work. If supplied with the items then please provide a photo so we may register the item.
1.13. TENANT RESPONSIBILITY - Where appropriate, please provide your professional opinion if you feel that tenants are the cause of the issue/damage, contributed to the issue/damage.
1.14. UPDATES - Updates for jobs can either be sent to Maintenance Manager or Maintenance@ezytrac.uk - please quote job number from Job sheet in all communications.
2.1. Our usual payment is up to 30 days of invoice, this means that we do pay runs every Friday, so once you get the invoice to us we add it to our system and as long as the job is completed and we have funds (usually from rental but also from the Landlords) then you will get payment in 5 working days.
2.2. Usually one of the main holdups is checking the quality of your work before getting you paid, we combat this by contacting the tenant as soon as you tell us the job is done and asking their feedback. If they don't reply within 3 days then we can assume they have no issues with the work and we can get you paid.
2.3. Invoices can be sent to Ezytrac Property Management Ltd, Suite 8 The Regatta, Henley Way Lincoln LN6 3QR email to bills@ezytrac.uk please quote job number or property.
1.15. PROFESSIONAL AND PUBLIC LIABILITY - The Contractor require all contractors undertaking work to be adequately covered with Public Liability and Professional indemnity insurance. If you are not covered for the work instructed please inform us so that we can instruct another contractor. You agree to indemnify us
3. GENERAL
3.1. These Terms and Conditions shall apply to the Agreement for the supply of Services by the Contractor to the Agent and/or Landlord and shall supersede any other documentation or communication between the parties.
3.2. Any variation to the Agreement must be agreed in writing by the Contractor and Agent.
3.3. Nothing in this Agreement shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Contractor, Agent or Landlord may be entitled in relation to the Services, by virtue of any statute, law or regulation.
3.4. All parties agree that in exercising their rights and obligations under this Agreement they will, at all times, act reasonably.
4.1 The Contractor shall keep the Agent and/or Landlord fully and effectively indemnified in respect of all expenditure costs, expenses, demands, liabilities, actions and proceedings properly incurred or suffered in the proper carrying out of its obligations under this Agreement, including the fees, charges and expenses of any other agents or advisers properly engaged by the Agent and/or Landlord in carrying out its obligations under this Agreement.
5.1. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, terrorism, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of time to perform its obligations.
6. DISPUTE RESOLUTION 6.1 The Agent will operate an appropriate procedure for the resolution of any disputes and the handling of complaints relating to the Agent’s performance of its obligations under this Agreement. The parties agree to use their best endeavours to resolve disputes without resorting to arbitration. In the event that they are unable to resolve a dispute, any dispute between the Contractor and the Agent and/or Landlord arising out of the Agreement may be referred at the instance of either or both parties to, and determined by, a sole arbitrator to be agreed between the Contractor and the Agent and/or Landlord or, in default of agreement within 30 days of the dispute being identified, The Property Ombudsman (www.theprs.co.uk).
7. CONFIDENTIALITY AND DATA PROTECTION 7.1. The Contractor will at all times during the term of this Agreement and thereafter keep all information concerning the business or affairs of the Agent and/or Landlord (including personal information about the Tenants) which comes into the Contractor’s possession confidential. 7.2. For the purposes of the Data Protection Act 2018, the Agent shall be the data controller in relation to any personal data it holds in relation to this Agreement, and the Contractor shall be its data processor. Both parties shall comply with all relevant legislation. The Contractor shall process the personal data only on the instructions of the Agent and/or Landlord, which shall be deemed to include instructions to process Tenants’ personal data for the purposes and duration of this Agreement. The Agent shall ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing and accidental loss or destruction of personal data, and shall ensure that its personnel with access to the data are required to keep it confidential. Personal data shall only be transferred outside the EEA provided appropriate safeguards are in place. For example, transfers to the USA may be made provided the recipient is a member of the EU-US Privacy Shield. The Agent shall assist the Landlord, at the Landlord’s cost, in responding to any request from a Tenant in relation to personal data, and shall notify the Landlord without undue delay on becoming aware of any personal data breach. The Contractor shall delete or return personal data to the Agent and/or Landlord on termination of this Agreement, unless required by law to store it, and shall maintain records to demonstrate its compliance with this clause.
8. ASSIGNMENT 8.1. The Contractor shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Agent.
9. THIRD PARTY RIGHTS 9.1. Nothing in these Terms and Conditions is intended to confer any rights on a third party.
10. SEVERANCE 10.1. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11. WAIVER 11.1. The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
12. NOTICES 12.1. Any notice to be given by either party to the other may be served by email, personal service or by post to the address of the other party given in the Work Order or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent as long as before 430pm, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
13. ENTIRE AGREEMENT 13.1. These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
14. GOVERNING LAW 14.1. These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Updated 23 July 2024
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