LENDERmonitor: Terms & Conditions
The following terms and conditions ("the Terms") govern the provision and your use of LENDERmonitor services offered by LEXSURE LIMITED which provides notification of changes in individual policies made by mortgage lenders operating in England and Wales only (“Notification”) and allows for lender specific searches to be conducted over a specified time frame ("Search"). Collectively Notification and Search are called the "Service".
Access to the Service will be provided to you, once you have accepted the Terms and completed the registration or subscription process including the Direct Debit Instruction form being processed. On registration or subscription, you will select a Username & Password. Your use of the Service account in any manner which is prohibited by these Terms may result in termination or suspension of the Service.
This service is a per-user service. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
You are responsible for the security of your password. We reserve the absolute right to suspend, terminate, or modify, for any or no reason, any User ID and/or password provided to you for use with the Service.
If you have any queries concerning the Service or your account, you should contact customer care by emailing care@Lexsure.com
You are granted a non-exclusive, non-transferable, revocable licence with effect from your acceptance of the Terms to use the Service and any software or data incorporated therein ("the Software Or Data").
Save for the limited licence provided for above, you shall have no proprietary or other interest or rights in the Service.
You shall not without our prior written consent (other than to the strict extent that such act cannot be restricted by law):
- copy the whole or any part of the Software Or Data;
- modify, merge or combine the whole or any part of the Software Or Data with any other software ;
- assign, transfer, distribute, sell, lease, rent, sub-licence, charge or otherwise deal in or encumber the Software Or Data;
- adapt, translate, reverse engineer, decompile or disassemble the whole or any part of the Software Or Data.
- For the avoidance of any doubt you can not pass on the content of any alerts (or the fact that there has even been an alert) to other staff within the firm in an attempt to bypass setting up extra accounts
Please note that this clause also prohibits printing out and sharing alerts with colleagues (see above). In the event that it comes to our attention that you have attempted to print out alert contents, we will immediately assume that this is for the purposes of sharing and at that point, in the event that you have a single-user account, we will increase that to at least two user accounts. From that month on you will be invoiced accordingly.
Likewise if you utilize the any sharing tool on the system inviting you to add or share information with users we will add those new users to your account and the appropriate charges will be made moving forward although you are free to request the deletion of an individuals account at a later date.
If you object to the said increase, you will need to execute a sworn affidavit confirming that the data has only and will only be used by authorized users. In any event Lexsure reserve the right to immediately cancel your account in the event that Lexsure has reason to believe that there has been unauthorized sharing of Lender data.
Unless an annual upfront fee is otherwise agreed in a separate email with Lexsure, where a firm is listed on HM Land Registry as being a top-100 firm by volume of transactions, the minimum monthly fee shall be 5 times the advertised per user fee as it is assumed that data will be required by at least 5 users in the said firm. In the event that 5 users are not registered to such an account (or you ask to reduce the account to below 5 users) we reserve the right not to activate the account or suspend your account. Regardless of the size of the firm we reserve the right for to ask a firm to prepare and send us a signed statutory declaration (to our satisfaction) that the information in the Lendermonitor Alert service is not being passed on to non-account holders in your firm. If the said signed statutory declaration is not forthcoming within 48 hours or is deemed unsatisfactory by Lexsure your account will be suspended.
In the event that you declare, via the form required to generate your Lender Alert Declaration Record, that you are disseminating the alert results to other people in your firm, we will regard the disclosed number as a definitive number of recipients. If the number revealed is over an above the number of users listed on your firms account we will apply that number for the purposes of calculating your monthly fee from the next 1st January. This is subject to a maximum monthly license of £275 plus VAT per month.
In the event that you ask Lexsure to replace an existing user with a new user then Lexsure will charge a one off administration fee of £35 plus VAT for making the change.
In the event that a colleague at your firm declares, via any web form, that they are receiving alerts forwarded to them then we will regard that person as an additional user if they are not registered to your account. We will then apply the appropriate user fee moving forward the following month.
3. CHANGES TO SERVICE
The Terms may be changed (including any reasonable change to the charges for use of the Service) at any time provided that any change to charges will only take effect 30 days after notifying you by email.
LENDERmonitor reserves the right to change, revise or modify the terms at any time posting the amended terms on the site. Any amended terms shall automatically be effective upon posting. Your continued use of the service will signify your acceptance of the revised terms. If you do not accept the revised terms, your sole and exclusive remedy is to discontinue using the Service. The latest terms will be viewable on the site and you should always review them prior to using the site.
4. CHARGES & PAYMENTS
You (or if you are an individual entering into this agreement on behalf of any other legal entity or person) then you on behalf of the legal entity or person which you acted or purported to act for when accepting these Terms, will be charged in line with the subscription charges applicable for the level of Service required. In the case of Notification, this will be monthly in arrears. Such sums are expressed to be exclusive of VAT for which you shall be additionally liable at the applicable rate from time to time. All amounts owed will be invoiced to you on a monthly basis.
If payment for the Service cannot be collected for any reason and no effort is made to remedy the situation by the subscriber and the transaction remains outstanding for longer than 30 days LENDERmonitor reserve the right to terminate the account at this time. We shall be entitled to charge you interest at 4% over the Law Society Rate of Interest from time to time in force in respect of any invoices not so discharged.
Please note that even if your account is shut down you will still be liable for all outstanding payments. In addition, a minimum £50 + VAT administrative fee will be added to your outstanding invoice.
We reserve the right to revise the subscription charges for Search or Notification from time to time. A copy of the subscription charges is available on the web site and we will update you by way of e-mail. Any alterations shall not have effect retrospectively. In relation to the LM04 search, the cost per search may increase from time to time. Lexsure will not be required to notify you of changes to the price of the LM04 so you will not to pay special attention to the price published on the ordering page
For the avoidance of any doubt, please be aware the that LENDERmonitor notification service and the LM04 Lender Policy Search service provide information regarding UK Finance Lenders’ Handbook Part-2 changes and BSA changes for England and wales only. LENDERmonitor does not provide notifications nor search results regarding changes affecting Northern Ireland, Scotland, nor The Isle of Man.
For the avoidance of any doubt, LENDERmonitor notification and LM04 Lender Policy search services are only available to regulated solicitors and licensed conveancers in England and Wales.
We do hold specific data for these additional jurisdictions and if you require data related to these jurisdictions, please contact us directly and we may be able to provide a bespoke solution.
Should you request that we switch the details of a user with a new user then we will charge an administration fee for dealing with this of £35 plus VAT which will automatically be added to your next monthly bill and taken by way of Direct Debit
5. YOUR RESPONSIBILITIES
You unconditionally agree:
- to notify us promptly by e-mail if you suspect unauthorised use of the Service. Until you notify us, you remain responsible for such unauthorised use;
- to provide accurate and complete registration information (including, but not limited to, your name, postal or e-mail address, phone number, payment information) and to promptly report any changes in such information to us, LENDERmonitor will not be responsible in the event that you did not receive information sent to you due to invalid contact details, therefore you must inform LENDERmonitor as to any change in the abovementioned details and receive a confirmation from LENDERmonitor that your details were updated successfully;
- that you are responsible for providing and maintaining all computer equipment and software necessary for you to access the Service;
- not to resell, remarket, or otherwise redistribute any portion of the Service;
- to comply with all applicable laws, regulations, or conventions, including, but not limited to, those related to child pornography, gambling or gaming, obscenity, securities, intellectual property rights, data privacy, import/export of data and taxes, or misleading or deceptive conduct.
You warrant that by registering for/subscribing to and continuing to use the Service that you are of legal age and capacity.
6. TERM AND TERMINATION OF THE NOTIFICATION SERVICE
Termination of the account can served by either party to the other on one month's notice.
8. DISCLAIMER OR WARRANTIES
This site provides general legal information to advise property lawyers as to individual Lender's policy changes, but is not a substitute for a property lawyer reviewing specific lender’s requirements as stated on a mortgage offer, the lender’s web site or the CML and BSA web sites. LENDERmonitor does not cover all lenders' requirements in the United Kingdom. It is always difficult to cover all relevant changes to lenders requirements by e-mail notification and therefore Property lawyers should use Search to check lenders requirements as opposed to relying on Notification.
The use of our Service is subject to our fair use policy. What constitutes fair use is at the discretion of the Operations Director of LENDERmonitor.
LENDERmonitor, at its sole discretion, may modify or discontinue the Service for any reason without notice. The Service you receive is “as is” and without any warranty other than those explicitly provided for in these Terms.
No information whether oral or written obtained by you from us through this Service shall create any warranty, representation or guarantee not expressly stated in these Terms.
LENDERmonitor will to the best of its ability provide a Service that is uninterrupted and error free, that defects will be corrected and that the site or the server that makes it available, are free of viruses or other harmful components; however does not represent or make any warranties in this respect. This exclusion does not apply to Search results.
For the avoidance of any doubt these Terms do not establish a contractual relationship with UK Finance, CML, BSA or any third party who supply or promote this Service.
Placement of information, logos, links or names of non- LENDERmonitor services does not constitute an endorsement of warranty of these entities, their products or services. Users take full responsibility for the decision to visit such sites and hold LENDERmonitor harmless from any liability arising from such actions. You further acknowledge that no relationship is created between you and LENDERmonitor by your participation on the site. It is your responsibility to evaluate the accuracy, completeness, and usefulness of the information contained on this site. The content provided in this and guidance provided in this service are not intended and so not constitute professional advice.
9. LIMITATION OF LIABILITY
LENDERmonitor shall indemnify you from and against any and all actions, claims, demands, liabilities, damages, costs and fees including reasonable professional and legal fees on a solicitor and own client basis (collectively an “Indemnified Claim”) provided that:
such Indemnified Claim arises solely and directly out of any inaccuracies or errors in or omissions from information contained in any Search and where accurate information provided by any data provider was not accurately reflected in the Search result; you must use all reasonable endeavours to mitigate any loss or damage suffered as a result of the inaccuracies or errors in or omissions from the information in such Search; the amount of the indemnity payable by us under this Clause shall not exceed the sum of two hundred and fifty thousand pounds (£250,000);
notwithstanding anything else contained in these Terms we shall not be liable to you or any third party for any loss of profits or contracts (whether direct or indirect) or for any indirect or consequential loss whether arising from negligence, breach of contract or howsoever;
you acknowledge and accept that electronic information sent via the Internet can be affected by errors in transmission, destructive programs and or information introduced maliciously by third parties such as viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Whilst we will use its reasonable endeavours to procure that such destructive programs are restricted it is not liable for the presence of such programs in the Notification or Search except to the extent to which the presence of destructive programs is caused by our failure to use such reasonable endeavours; and
that we have no control over the Internet or documentation transmitted by email or via the Internet. The Service does not include protection for or privacy of such information.
We shall not have any liability to any third party except in accordance with these Terms or except as otherwise expressly agreed in writing by us.
Nothing in the Terms shall exclude or limit either party's liability for death or personal injury arising from its negligence or that of its servants, agents or employees.
For the avoidance of any doubt, please be aware the that LENDERmonitor notification service (paid or free) only provides notifications regarding Part-2 changes and BSA changes for England and wales only. LENDERmonitor does not provide notifications regarding changes affecting Northern Ireland, Scotland, nor The Isle of Man.
We do hold specific data for these additional jurisdictions and if you require data related to these jurisdictions, please contact us directly and we may be able to provide a bespoke solution.
In signing up to this service you agree to your firm being listed on our website as a registrant for the service and or included in any search-tool which may indicate if your firm has an account. If you do not wish to have your firm listed please let us know and we will remove your details free of charge.
You agree to defend, indemnify and hold us, our affiliates, contractors, service providers, employees, agents harmless, from and against any and all liabilities, cost and expenses, including reasonable attorneys’ fees related to or arising from, any breach by you of the Terms, failure by you to perform your obligations, your use of the Service.
In these Terms, Data Protection Legislation means: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998. Data Controller, Data Processor, Data Subject and Personal Data shall have the meanings as defined in the Data Protection Legislation.
You and Lexsure commit to both comply with all applicable requirements of the Data Protection Legislation. These Terms are in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation. We both acknowledge that for the purposes of the Data Protection Legislation, You are the Data Controller and We are the Data Processor in respect of the User Data and We are the Data Processor and You are a third party Data Processor in respect of the LENDERmonitor services whether it be the Lender Alert Service, LM03 or LM04 searches.
Without prejudice to the generality of the foregoing, each party will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the other party for the duration and purposes of the services supplied.
Without prejudice to the generality of the foregoing, the Data Processor shall, in relation to any Personal Data processed in connection with the performance by it of its obligations under these Terms:
- process that Personal Data only on the written instructions of the Data Controller unless it is required by the laws of any member of the European Union or by the laws of the European Union applicable to the Data Processor to process Personal Data (“Applicable Laws”). Where the Data Processor is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, it shall promptly notify the other party of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit it from so notifying the other party;
- ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Data Controller, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, 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, pseudonymisation and encryption of 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);
- ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
- not transfer any Personal
Data outside of the European Economic Area unless the prior written
consent of the Data Controller has been obtained and the following
conditions are fulfilled:
- the Data Controller or the Data Processor has provided appropriate safeguards in relation to the transfer;
- the data subject has enforceable rights and effective legal remedies;
- it complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
- it complies with reasonable instructions notified to it in advance by the Data Controller with respect to the processing of the Personal Data;
- assist the Data Controller, at the Data Controller’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
- notify the Data Controller without undue delay on becoming aware of a Personal Data breach;
- at the Data Controller’s written direction, delete or return Personal Data and copies thereof to the Data Controller on termination of the Customer Agreement unless required by Applicable Law to store the Personal Data; and maintain complete and accurate records and information to demonstrate its compliance with this Clause. You consent to Us appointing third-party processors of Personal Data under this Customer Agreement. We confirm that We have entered or (as the case may be) will enter with such third-party processors into a written agreement incorporating terms which are substantially similar to those set out in this Clause. As between the parties, We shall remain fully liable for all acts or omissions of any third party processor appointed by Us pursuant to this Clause.
These Terms constitute the entire agreement between you and us, superseding any prior oral or other agreements about the Service.
Your use of the Service after the effective date of a change of the Terms constitutes your continued acceptance of the Terms and the Service, as amended.
If any provision of these Terms is determined to be invalid, all other provisions remain in force
You should send all written notices relating to the Service to:
78 York Street
London W1H 1DP
13. GOVERNING LAW
These Terms will be governed by English Law and disputes relating to them will be submitted to the exclusive jurisdiction of the English courts.