Find Digs Management Limited Terms & Conditions
Please read this carefully. These Terms and Conditions apply to all your dealings with Find Digs Management Ltd (“the Provider”). By engaging the services of Find Digs Management Ltd you are agreeing to the Terms and Conditions that appear below. If you have any comments or questions please contact Find Digs at 17 Hanover Square, London, W1S 1HU.
These Terms and Conditions set forth the legally binding terms for your use of the Services. By using the Services, and in consideration of Provider providing the Services to you, you agree to be bound by these Terms and Conditions. Please read these Terms and Conditions carefully and save them.
The Provider may modify these Terms and Conditions from time to time and such modification shall be effective upon posting of the same on the Provider’s website (http://www.finddigs.co.uk/). You agree to be bound by any changes to the Terms and Conditions when you access the Website or use the Services after any such modification is posted. If you do not agree to be bound by them, you should not use the Services.
By using the Services, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information (including your email address); (c) your use of the Services does not violate any applicable law or regulation.
These Terms and Conditions shall remain in full force and effect while you use the Services.
The Services are services provided to you by the Provider and consist of processing your application for housing, finding assigning and booking a property for you, drafting and executing the tenancy agreement and assisting.
6. Fees, Payments and Penalties
6.1 You acknowledge the Provider reserves the right to charge for the Services and to change any applicable fees from time to time in its discretion. The Administration and Contract Fee goes towards the processing of your application and is non-refundable. The Administration and Contract fee of £250 is only chargeable once you have confirmed you wish to book accommodation.
6.2 A deposit must also be paid to confirm your booking. With the exception of the situations outlined in the points below, a deposit can only be refunded in the event that another tenant is found to replace the original student’s booking.
6.3 If you are not granted a visa for entry and stay into the UK and/or your visa application is rejected you have to give 1 month’s notice to the Provider for any fees or money to be refunded.
6.4 If you are not granted a visa for entry and stay into the UK and your visa application is rejected over 2 weeks before the tenancy start date, the administration fee will not be refunded and there will be a penalty of one weeks’ rent.
6.5 For all late payments, the Provider shall charge a £50 + VAT Processing Fee. You will be sent an e-mail notifying you of the late payment and the need to pay. A notification will be sent every seven days until payment is made. £50 + VAT will be charged for each notification.
6.6 Out of office hours check-in/out incur a cost of £25 + VAT. This is levied on bank holidays, Saturday, Sunday and after 5pm on weekdays. Check-in/out from 10pm – 8am incur a cost of £50 + VAT.
6.7 For all room swaps the Provider shall charge a fee of £40 + VAT
6.8 A successful booking is made and a valid contract is entered into only when cleared funds are received. Upon the Provider receiving any funds from you for fees, rent or any other charge you are deemed to have accepted the Provider’s Terms and Conditions and the terms contained in the tenancy agreement.
6.9 All fees, rent, payments, transfers and costs are calculated in pounds Sterling (GBP). Other currencies may incur additional charges from your bank. Any shortfall from foreign banks will be re-charged to the student.
6.10 Deposits will be repaid in Pounds Sterling (GBP) and will only be re-paid into a UK bank account within one month of your departure.
6.11 If international bank transfers are necessary (for example to return deposits to international bank accounts), Find Digs will charge a £20 + VAT administration fee and will pass on all costs to the Student and/ or Tenant.
6.12 Unless your rent payment(s) is clearly identified, we will not recognise your rent payment(s) and late fees may still apply.
6.13 Payment by credit card and all foreign cards incur a 2.5% surcharge. We do not accept American Express.
6.14 Bookings less than 9 months at Kitson House, Oval House or Kilburn Studios incur an extra £12.50 per week on top of the stated weekly price.
6.15 Bookings made by couples at Kitson House, Oval House or Kilburn Studios incur an extra £12.50 per week on top of the stated weekly price.
7. The Property
7.1 The Provider assumes no liability or responsibility for the pictures used to advertise the properties. Pictures are provided by the building owners and should only be used as a general guide as to the state/condition of the property. The Provider does not take any responsibility for the maintenance repair or staffing of the building in which you shall occupy. The responsibility for the maintenance repair and staffing of the building is that of the Landlord’s.
7.2 No bedding, cleaning or catering services will be provided by the Provider unless specifically stated in a validy made contract.
8. E-mail Policy
We will not respond unless required to do so by law to any electronic mail (“e-mail”) sent to us which contains threatening, abusive, malicious, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material.
9. Choice of law and Jurisdiction
These Terms and Conditions shall be governed by and interpreted in accordance with English law and you irrevocably agree that the courts of England and Wales shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions. Nothing in this clause limits the right of Provider to bring proceedings against you arising out of or in connection with these Terms and Conditions (a) in any other court of competent jurisdiction or (b) concurrently in more than one court of competent jurisdiction
You agree to indemnify and hold Provider, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your use of the Services in violation of these Terms and Conditions, and/or arising from your use of the Services and/or a breach of these Terms and Conditions.
11. Limitations and exclusions of liability
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12. Breaches of these Terms and Conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach and/or bringing court proceedings against you.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14. Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. If any part of these Terms and Conditions is found to be invalid by any court having competent jurisdiction the validity of the remaining terms will be unaffected. If either party does not exercise any right or remedy under these terms, this will not be taken to mean that they have been waived.
16.1 If you are not granted a visa for entry and stay into the UK and your visa application is rejected within 2 weeks of the tenancy start date, you cannot claim
16.2 If you are not granted a visa for entry and stay into the UK and your visa application is rejected within 2 weeks of the tenancy start date, you cannot claim a refund of any rent, money or fees paid unless a replacement tenant is found for the property. If a replacement tenant is found the Provider shall keep the deposit, 1 week’s rent and the Contract Fee. Any transfer fee incurred on money sent to us shall be bourne by you and shall be deducted from the deposit if not taken into account when making the transfer.
16.3 If you vacate or leave the property prior to the end of the term of your tenancy you cannot claim a refund on any of the rent, money or fees paid unless the Provider finds a replacement tenant for the property and there shall be an additional Administration Fee incurred as a result of your early departure in the amount of £200 + VAT.
We may terminate the provision of the Services or restrict your access to them without any prior notice to you where (by way of example and without limitation): (1) there is a regulatory or statutory change limiting our ability to provide the Services; (2) any event beyond our reasonable control prevents us from continuing to provide the Services (for example, without limitation, technical difficulties, capacity problems and communications failures); or (3) we consider in our sole discretion that you are abusing the Services provided or are otherwise acting in breach of the Terms and Conditions.