LENDERmonitor

Terms and Conditions

This document should be read in conjunction with our Privacy Policy which can be located at www.lexsure.com/privacy.

The following terms ("the Terms") govern the provision and your use of the LM04 service or Notification Service offered by Lexsure Ltd (“Lexsure”) enabling lawyers to view whether a lender has made a change to their P2 Handbook  requirements or BSA Handbook Specific Instructions (collectively called the "Service"). Please read the Terms carefully as your right to use the Service is based on your acceptance and agreement to these Terms.

1. ACCESS

In order to use the Service you will need a Username which will be your email address and a Password of your choosing. You are responsible for the security of your Password.

If you have any queries concerning the Service or your account, you should contact customer care by emailing care@lexsure.com

Your use of the Service in any manner which is prohibited by these Terms may result in termination or suspension of the Service. We reserve the absolute right to suspend, terminate, or modify, for any or no reason, any Username and/or Password provided to you for use with the Service.

2. LICENCE

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 incorporated therein ("the Software").

Save for the limited licence provided for above, you shall have no proprietary or other interests 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 Service;

• modify, merge or combine the whole or any part of the Service with any other service other than save a report into your case management system;

• assign, transfer, distribute, sell, lease, rent, sub-licence, charge or otherwise deal in or encumber the Service;

• adapt, translate, reverse engineer, decompile or disassemble the whole or any part of the Service.

3. CHANGES TO SERVICE

The Terms may be changed (including any reasonable change to the charges for the use of the Service) at any time provided that any change to charges will only take effect 30 days after the date of notification. Notification by way of any advanced changes to pricing will be by way of a note within your monthly invoice.  

4. CHARGES & PAYMENTS.  

The cost for the Service will be charged on a license fee  basis depending on the option that you selected or as set out in correspondence with you. You should expect prices per year to increase slightly more than inflation. You will be notified in advance of any increase via email or within your monthly invoice. In order for your firm’s account to be activated we will require a Direct Debit Instruction.

For the first month following your firm’s account being activated there are no costs for adding users. Thereafter the cost of adding or replacing users is £25 + VAT per person.

We reserve the right to revise the charges from time to time. A copy of the charges is available directly from us or on our website www.lendermonitor.com  or from any of our trading partners or distributors and we will update you by way of email of any changes. Any alterations shall not have effect retrospectively.  Please note that the fee payable per case is payable once the case has been set up on the system and is still payable regardless of when and if the matter/transaction completes.

5. YOUR RESPONSIBILITIES

You unconditionally agree:

• to notify us promptly by email 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 email address, phone number, payment information) and to promptly report any changes in such information to us, Lexsure 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 Lexsure as to any change in the above mentioned details and receive a confirmation from Lexsure 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 ensure that each individual who has access to the Service shall keep a secure password for his use of the Services and Content;

• 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 and subscribing for a licence to and continuing to use the Service that you are of legal age and capacity.

6. DISCLAIMER OR WARRANTIES

Whilst we agree to use all reasonable endeavours to maintain the Service, we give no warranties whatsoever in this regard and your sole remedy in the event that we do not maintain a reasonable service shall be to terminate the provision of the Service. Ultimately it is for you to ensure that the precedent Report and optional paragraphs are appropriate  and cover your firm's needs and risk requirements.

Except as set out expressly in these Terms, we do not make or give any condition, warranty or representation, whether express or implied, arising by statute, common law or otherwise, including but not limited to any implied terms, warranties or conditions of completeness, accuracy, satisfactory quality, merchantable quality or fitness for a particular purpose or the exercise of reasonable skill and care in relation to the Service, hereunder and all such conditions, warranties or terms are hereby expressly excluded.

With regard to the notification service(s), please note that email is not a guaranteed delivery system. Things can go wrong including emails being blocked by spam filters, firewalls or network issues. You should periodically make use of your home page which will present the last three month’s worth of updates. If you have concerns about receiving notification emails please contact Lexsure or consider switching to the LM04 service rather than the Notification Service.

7. LIMITATION OF LIABILITY

Your sole right and exclusive remedy and our exclusive liability in the event of any breach of these Terms, or if you are dissatisfied for any reason with the Service or any guidelines or policies, is to require the cessation of the Service and to recover your direct damages up to a maximum of the amount you have paid for the Service during the period from the date of commencement of the Term to the date of termination.

We shall not have any other liability whatsoever to you and shall not be liable for any misrepresentation (save where fraudulent) or be liable in contract tort or otherwise for any indirect or consequential loss, loss of revenue, loss of profits, loss of business or goodwill, loss or damage due to corruption of data, loss of opportunity, howsoever caused, which arises out of or in relation to these terms and conditions and/or the provision of the Service.

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.

There are two versions of the Service. The  default LM04 that your firm will receive will reveal the time that the specific lenders requirements were last checked by Lexsure. This is the expedited version of the service. The alternative option of the service will only issue the LM04 shortly after the next available check of lender policies. This occurs periodically each day. This second option would result in the LM04 taking longer to issue but would have the benefit of a more uptodate result. This option is available via the ‘add on service tab’ once your account is live.

8. INDEMNITY

You agree to defend, indemnify and hold us, our affiliates, contractors, service providers, employees or 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.

9. INTELLECTUAL PROPERTY/DATA RIGHTS

You acknowledge that all intellectual property rights are and shall remain owned by Lexsure. You allow Lexsure to utilise data in an anonymised fashion entered by you for use of the service - and your firm benefits equally from the collaborative approach the system adopts .

Nothing in these Terms purports to transfer, assign or grant any rights to you in respect of the intellectual property rights.

You agree that you will not, except as permitted herein or by separate agreement change, amend, remove, alter or modify the Service or any trademark or proprietary marking in the Service.

Except to the extent expressly permitted under this agreement you may not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Content (as applicable) in any form or media or by any means

You agree not to attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software or access all or any part of the Service in order to build a product or service which competes with the Service.

You will not license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Service available to any third party, or attempt to obtain, or assist third parties in obtaining, access to the Service.

You will use all reasonable endeavors to prevent any unauthorised access to, or use of, the Service  and, in the event of any such unauthorised access or use, promptly notify Lexsure.

10. SWITCHING, UPGRADING AND CHANGING USER STATUS

Should you ask us to change the status of an assistant to a fee earner or vice-versa then an admin fee of £25 + VAT will apply. This fee equally applies to upgrading an assistant to a fee earner or switching a user from one pool to another (in other words changing the system to reflect which team or who the individual works with).

11. TERMINATION

Either party may terminate this agreement on 24 hour's notice. This can take the form of an email by either party and does not have to contain any formal wording but needs to be clear that the service or subscription is coming to an end. Any reference by you to cancellation of any direct debit will be treated as cause for immediate termination.

12. GENERAL

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 and 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:, Lexsure Limited, 78 York Street, London W1H 1DP, United Kingdom

If you or Lexsure cancels or terminates the service within six months of your account being activated Lexsure shall not be obliged to reactivate this service or take your firm on for any other service (including webinars) for a period of two years from your firm's account being switched off. In such circumstances Lexsure reserves the right to terminate any other service that you currently have even if pre-dating this service. That period shall be extended from two to three years where less than 3 cases have been completed and closed on this service

In relation to outstanding invoices, Lexsure 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 licence to use the Service is terminated you will still be liable for all outstanding payments.

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.

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