Please read this carefully. These Terms and Conditions apply to all your dealings with FDAM (“the Provider”). By engaging the services of FDAM you are agreeing to the Terms and Conditions that appear below. If you have any comments or questions please contact FDAM at the first floor, 142 Cromwell Road, London, SW7 4EF.
Acceptance
These Terms and Conditions set forth the legally binding terms for your use of the Services. By using the Services, and in consideration of the 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.
Modification
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 (https://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 when after any such modification is posted. If you do not agree to be bound by them, you should not use the Services.
Eligibility
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 English law or regulation.
Terms
These Terms and Conditions shall remain in full force and effect while you use the Services.
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 also, providing general day to day ancillary services.
Fees and Payments
A Booking Fee, which consists of a refundable deposit and a utility contribution, shall be paid when receiving the tenancy agreement.
- The deposit is taken in order to book the room and is used to safeguard against any damage to the room during the tenancy. All the deposits are registered at ‘My Deposits’. The full deposit is returned to students at the end of their tenancy, provided they have paid their full rent and their room is in good condition.
If you are not granted a visa for entry and stay into the UK and/or your visa application is rejected, upon sufficient proof, the Provider must be notified in writing no less than 8 weeks prior to the commencement of the tenancy for any fees or money to be refunded.
A booking is final when both a valid agreement is signed and the booking fee is paid in full. In the event that any payments have been made towards the booking fee, the Provider is entitled to annul the booking if the commencement date of the requested tenancy has already passed. 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.
If international bank transfers are necessary (for example to return deposits to international bank accounts), the Provider will pass on the transfer fee they were charged to the Tenant, upon providing the necessary evidence.
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.
Deposits will be repaid in Pounds Sterling (GBP) and will only be repaid into a UK bank account within one month of your departure.
Unless your rent payment(s) is clearly referenced with your name, we will not be able to identify your rent payment(s) and late fees may still apply.
Payment by credit card and all foreign cards can be accepted through our online payment system. Please note, American Express is not accepted.
The Property
The Assured Shorthold Tenancy Agreement is made according to s.47 and s.48 of the Landlord and Tenant Act 1987.
Any pest infestation brought into the residence by the Tenant will automatically result in the said Tenant being charged for pest control.
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.
No bedding, cleaning or catering services will be provided by the Provider unless specifically stated in writing.
Check-in / Check-out Times
The check out time is at 11.00am and the check-in time is from 1.00pm until 6.00pm from Monday to Saturday. If you check in or check out at the times set, you will not be charged. However, we would need to be informed well in advance of your approximate time of arrival. If you fail to check out at 11.00am, you will be charged a daily rate equivalent to your rent. This is levied on bank holidays and Sundays. You are expected to leave the room as you found it: it must be clean and it must be free of all of your belongings.
Cancellation
If you have signed your tenancy agreement you are bound to pay the rent for the fixed time period set out in your agreement.
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 a replacement tenant is found for the property.
If you are not granted a visa for entry and stay in the UK and your visa application is rejected within 8 weeks of the tenancy’s commencement date, you can claim your deposit back.
If sufficient evidence is provided no less than 8 weeks prior to the tenancy commencement proving that your visa application has been rejected, you can claim a refund of any rent, money or fees paid.
Termination
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 considered in our discretion a liability or danger to other residents or residence staff members or are otherwise acting in breach of the Terms and Conditions.
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.
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 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.
Indemnity
You agree to indemnify and hold the 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.
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.
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.
Severability
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.
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.
General
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.