The following expressions shall have the following meanings;
1.1 “Agreement" means the contract between Credit Ladder and the Customer for the provision of the Services incorporating these Terms and Conditions.
1.2 “Conditions/Terms & Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by Credit Ladder and as amended from time to time.
1.3 “Credit Ladder” (“we/us”) is a company registered in England, registered number 10074481, with the registered office address: Credit Ladder, 17 Cavendish Square, London, W1G 0PH.
1.4 “Credit Reference Agency” means a UK credit reference agency which gathers information about individual’s credit history and compiles credit reports.
1.5 “Customer” (“you”) are the applicant for use of the Services.
1.6 “Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
1.7 “Landlord” means any person to which the Customer is liable to pay Rent pursuant to the terms of the Tenancy and, where applicable, the Managing Agent.
1.8 “Managing Agent” means the letting agency or property management company which may have been appointed by the Landlord to manage the property to which the Tenancy relates.
1.9 “Order” means Customer’s registration for the Services on the Site.
1.10 “Rent” is the amount the Customer is required to pay to the Landlord pursuant to the terms of the Tenancy.
1.11 “Services” means the services to be provided by us to the Customer as described in these Terms which may assist Customers to improve their credit rating and scores by paying their Rent on time.
1.12 “Tenancy” is the tenancy agreement which exists between Landlord and the Customer.
1.13 “Website/Site” means www.creditladder.co.uk.
2.1 The Order constitutes an offer by the Customer to purchase Services in accordance with these Terms and Conditions.
2.2 The Order shall only be deemed to be accepted when we issue confirmation to the Customer that we have successfully completed our checks under condition 6, at which point we shall issue a unique reference number to the Customer and the Agreement shall come into existence ("Commencement Date").
2.3 The Agreement constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in the Agreement.
2.4 This document (together with the documents referred to within it) states to the Customer the terms and conditions under which we supply the Services. Customers should read these Conditions carefully and make sure that they understand them before ordering any Services on our Website. Customers understand that by ordering any Services, they are bound by these Conditions.
2.5 Any samples, drawings, descriptive matter or advertising issued by us, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Agreement or have any contractual force.
2.6 These Terms and Conditions apply to the Agreement to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3.1 You will set up payment of the Rent to Credit Ladder using the unique reference provided to you.
3.2 Credit Ladder’s receipt of Rent from you shall be deemed to be good receipt of that Rent payment on behalf of the Landlord.
3.3 Credit Ladder shall use reasonable endeavours to account for all Rent payments received from you to the Landlord (and/or the Managing Agent) on the same day of receipt (Monday to Friday, if received before 15:00 and by standing order, direct debit or debit and credit card payments). This excludes Bank Holidays. If you believe an overpayment of Rent has been made you will need to resolve this directly with your Landlord. Credit Ladder does not accept liability or responsibility for any delays for payments made by means other than standing order, direct debit or debit and credit card payments.
3.4 Once Rent has been received from you by us we will make a record of this on the account information held by us and this will be reported by us to the Credit Reference Agency once per month. Credit Ladder will use all reasonable endeavours to ensure that all reports provide an accurate reflection of the record of payments received from the Customer.
3.5 If you terminate the Services while in arrears of Rent we may report this to the Credit Reference Agency and this may show as a debit on your credit report. We accept no responsibility for resolving the debt itself or for dealing with administration in relation to the debt. It is your responsibility to deal with any matters regarding this.
3.6 For the avoidance of doubt, you acknowledge and confirm that Credit Ladder:
3.6.1 acts on behalf of your Landlord in receiving Rent payments on behalf of the Landlord so that your payment to Creditladder constitutes settlement (to the extent of that payment) of Rent owing to the Landlord;
3.6.2 will if requested by you provide you with a valid receipt for any Rent received from you and will promptly forward all amounts received from you from the Landlord
3.6.3 acts as a passive receiver of rents sent by you and will collect Rent payments on behalf of the Landlord only as and when these are made by you;
3.6.4 does not operate a reminder or arrears chasing service;
3.6.5 does not guarantee payment of Rent (or any proportion of it) by the Customer and Credit Ladder is not offering any rent guarantee scheme or service;
3.6.6 offers no guarantee that we will notify either you (tenant) or your Landlord in the event of non-receipt of payment of Rent;
3.6.7 is not a credit reference agency and has no control over the content of your credit file, nor can we provide you with a copy of your credit file. We encourage you to go directly to the Credit Reference Agency with any queries you may have or to obtain a copy of your credit file; and
3.6.8 offers no guarantee and accepts no liability or responsibility for the contents of your credit file, and any disputes regarding the details and contents should be relayed directly to the Credit Reference Agency.
3.7 We may provide links on our Site to the websites of other companies, whether affiliated with us or not. We cannot guarantee that services you purchase from third parties on our Site, or from companies to websites which we have provided a link will be satisfactory and such warranties are DISCLAIMED by us absolutely.
3.8 Credit Ladder offers no guarantees nor do we accept responsibility for delayed payments as the result of you not using your assigned unique reference number.
3.9 Credit Ladder shall use all reasonable endeavours to meet any performance dates specified but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
3.10 We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and we shall notify the Customer in any such event.
3.11 We warrant to the Customer that the Services will be provided using reasonable care and skill.
3.12 You acknowledge that Credit Ladder acts as a bill payment firm only. The Tenancy agreement is between the Customer and the Landlord and is subject to the terms and conditions of that Tenancy agreement, and we are not liable or responsible for the same or for any calculation of any Rent due.
4.1 The Customer shall:
(a) ensure that the terms of the Order are complete and accurate;
(b) co-operate with us in all matters relating to the Services;
(c) provide us with such information and materials as we may reasonably require in order to supply the Services and ensure that such information is accurate in all material respects (including full details of the Tenancy to include (but not limited to) rental amount, due date and frequency); and
(d) pay the fees in accordance with 5.
4.2 If the performance of any of our obligations under the Agreement is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation ("Customer Default"):
a) we shall without limiting our other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve us from the performance of any of its obligations to the extent the Customer Default prevents or delays our performance of any of our obligations;
(b) we shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this clause ; and
(c) the Customer shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default.
5.1 If you terminate the Services while in arrears of Rent, we reserve the right to charge you a non-refundable fee of £50 to cover our reasonable administration costs and expenses incurred in connection with any investigation involving the Customer and the Credit Reference Agency.
6.1 Credit Ladder reserve the right to perform the following checks on you prior to accepting an Order: ID verification, Land Registry checks, Landlord ID verification, company check, tenancy details verification.
6.2 We reserve the right to contact your Landlord to complete some of these verifications and checks, by completing the Order on the Website and accepting these Terms you consent to us doing so and we act as your representative.
6.3 We use third party identity verification services to ensure that Customers are who they say they are prior to accepting any Order, by completing an Order you consent to Credit Ladder’s use of this third party service. We neither control nor guarantee the accuracy of any identity verification service and further information may be required if we are unable to obtain a satisfactory result.
6.4 Land Registry checks will be completed via a third party service or website. In the event that this check cannot be completed successfully you give consent for us to contact your Landlord in order to request further information to allow us to provide you with the service.
6.5 Should any of these checks prove to be unsuccessful Credit Ladder reserve the right to decline an Order until such a time that checks can be verified successfully.
7.1 Your tenant (our Customer) has provided your details so that they can start to benefit from paying their Rent on time and attempt to improve their credit score, by providing the Landlord’s details consent has been given for us to make contact with the Landlord. In order to ensure that the information we have is correct we are required to verify the Landlord’s identity, tenancy details and property ownership.
7.2 By providing the requested information on the introduction from Credit Ladder the Landlord gives consent to Credit Ladder using a third party identity verification service to verify the Landlord’s identity so that we may begin providing the Service. We neither control nor guarantee the accuracy of any identity verification service and further information may be requested in the event of an unsuccessful result.
7.3 The Landlord agrees to only provide documentation and information that is valid and accurate in order for Credit Ladder to complete the required checks satisfactorily and provide a service to the Customer (your tenant).
7.4 We request that the Landlord confirms the Tenancy details provided to us by the Customer and check that the Rental amount, due date and payment frequency are correct. Please inform Credit Ladder immediately if these details are not correct to ensure accurate reporting.
7.5 The Landlord acknowledges and agrees that Credit Ladder is not a rent collection or rent guarantee service and that Credit Ladder is not liable or responsible for reporting or handling Rent arrears as part of the Services. The Landlord agrees to arrange and follow its own Rent arrears handling process and to contact the tenant directly for any late payments.
7.6 Should any of our checks prove to be unsuccessful Credit Ladder reserves the right to decline an Order until such time that checks can be verified successfully. Credit Ladder will inform the Tenant only should an Order be declined.
8.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by us.
8.2 The Customer acknowledges that, in respect of any third party Intellectual Property Rights, the Customer’s use of any such Intellectual Property Rights is conditional on us obtaining a written licence from the relevant licensor on such terms as will entitle the Supplier to licence such rights to the Customer.
8.3 All materials supplied to the Customer are our exclusive property.
9.1 Should either party wish to terminate the agreement under these Terms they must do so by providing 4 weeks’ written notice of the termination.
9.2 Either party may terminate the Agreement by notice in writing to the other if:
(a) the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
(b) the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
(c) the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
(d) the other party ceases to carry on its business or substantially the whole of its business; or
(e) the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
9.3 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
10.1 On Termination of the Agreement for any reason:
(a) the Customer must cancel future payments to Credit Ladder and agrees that it is the Customer’s sole responsibility to make alternative arrangements for payment of Rent to the Landlord;
(b) Credit Ladder will cease to report on the Customer ’s Rent payment(s) to the Credit Reference Agency once the notice of termination expires;
(c) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry; and
(d) clauses which expressly or by implication have effect after termination shall continue in full force and effect.
10.2 Credit Ladder accepts no responsibility for notifying the Landlord when a notice of termination is received from the Customer and the Customer hereby acknowledges and agrees that termination of the Service will not serve as notice to determine the Tenancy. Any notice to end your Tenancy must be served directly on the Landlord (and/or their authorized agent) by the Customer in accordance with the terms of the Tenancy.
11.1 Nothing in these Terms and Conditions shall limit or exclude our liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agent or sub-contractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
11.2 Subject to clause 11.1:
(a) we shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Agreement; and
(b) our total liability to the Customer in respect of all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Agreement being the Fee paid from the Customer to us under this Agreement (if any).
11.3 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.
11.4 This clause 11 shall survive termination of the Agreement.
The Customer shall indemnify us against all claims, losses, damages, costs, liabilities and expenses which we may incur and which arise directly or indirectly from the Customer’s breach of any of its obligations under these Terms and Conditions.
13.2 Access to certain areas of the Website is restricted. Credit Ladder reserves the right to restrict access to other areas of this Website, or indeed this entire Website, at its discretion.
13.3 If you are provided with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential.
13.4 Credit Ladder may disable your user ID and password without notice.
14.1 Force Majeure
For the purposes of this Agreement, Force Majeure Event means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
We shall not be liable to the Customer as a result of any delay or failure to perform our obligations under this Agreement as a result of a Force Majeure Event.
If the Force Majeure Event prevents us from providing any of the Services for more than 4 weeks, we shall, without limiting its other rights or remedies, have the right to terminate this Agreement immediately by giving written notice to the Customer.
(a) we may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Agreement and may subcontract or delegate in any manner any or all of its obligations under the Agreement to any third party or agent.
(b) The Customer shall not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Agreement.
(a) Any notice or other communication required to be given to a party under or in connection with this Agreement shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or sent by fax to the other party's main fax number.
(b) Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second business day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed, or if sent by fax, on the next business day after transmission.
(c) This clause 14 shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, "writing" shall not include e-mails and for the avoidance of doubt notice given under this Agreement shall not be validly served if sent by e-mail.
(a) A waiver of any right under the Agreement is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
(b) Unless specifically provided otherwise, rights arising under the Agreement are cumulative and do not exclude rights provided by law.
(a) If a court or any other competent authority finds that any provision of the Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Agreement shall not be affected.
(b) If any invalid, unenforceable or illegal provision of the Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
14.6 No partnership: Nothing in the Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
14.7 Third parties: A person who is not a party to the Agreement shall not have any rights under or in connection with it.
14.8 Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Agreement, shall only be binding when agreed in writing and signed by us.
14.9 Governing law and jurisdiction: This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.