Property module terms

These terms are for letting agents, and landlords who come to us direct, when they use the property module. An admin of your organisation must accept them in KimonComply before the property module starts.

In these terms, “you” means your organisation, and “we” and “us” mean Kimon Services (UK) Ltd, the company that runs KimonComply. “Landlord” means the person or company that lets the home, whether that is you or a landlord whose homes you look after as an agent.

The property module helps you keep the safety certificates and checks on your rented homes up to date. It keeps track of each certificate and when it is due, sends the reminders, prepares the government register pack, and keeps a full history of what was done, by whom and when. Once you pay for it, a compliance officer works on your properties, as section 5 explains.

The price, and how it is counted, are on our pricing page. Every price we show is before VAT.

You make the decisions about your properties, and we carry them out. You tell us how you want things done by setting standing instructions in KimonComply, and anything they do not cover waits for your approval before we act on it.

Every action we take for you is recorded with the instruction or approval it was taken on, who took it and when. Everything we send for you, to a renter, a landlord or a contractor, is sent in your name.

The landlord stays legally responsible for the property and for the safety checks the law asks for, and for registering on the government register.

Our service is administration and reminders, and it does not take on that responsibility. We keep track, remind, arrange and record on your instructions. The legal duties stay where the law puts them. If you are a letting agent, the duties your agreement with a landlord gives you stay with you too.

A compliance officer starts work on your properties once you pay for the property module, and never during a free trial.

During a free trial you can use the property module itself, with your properties, what is due on each, the reminders and the register pack. Nothing is chased, booked or checked for you by a compliance officer until you pay.

Each of your properties has one of two service modes, and you choose which.

• •“We arrange it”: the compliance officer arranges the visit with your contractor and the renter, within your standing instructions.
• •“You arrange it”: you, or your landlord, arrange the visit, and the compliance officer chases for the certificate and checks it when it arrives.

“We arrange it” may not be offered to every customer. For landlords who come to us direct, it is switched off until a legal question about it is settled. Where it is not offered to you, KimonComply lets you choose only “you arrange it”.

What the compliance officer will and will not do, and who pays for certificates and contractors, is as described on our site at the time. It is shown below as it stands today. That description is not one of the terms you accept, so we can update it without asking you to accept these terms again. An update never changes what sections 3, 4 and 13 say.

What the compliance officer will do

• •Watch every certificate and check on each of your properties, and open a task ahead of each due date.
• •Chase you, or your landlords, for the certificates you arrange yourself.
• •Where “we arrange it” is available to you and you have chosen it, contact the renter about access, book the contractor within your standing instructions, then confirm the visit and chase it.
• •If you have no contractor of your own, suggest a local accredited contractor for you to approve. Nothing is booked until you approve it, and it is then booked in your name and on your account.
• •Check each certificate against a written checklist before filing it, and tell you if it fails.
• •Prepare the government register pack, so you can start the registration yourself.
• •Keep notes and a full history on every task, and pass hard questions to an oversight lead in the UK.

What the compliance officer will not do

• •Give legal advice, or take on your legal responsibility. The landlord stays responsible.
• •Decide anything for you. Anything outside your standing instructions waits for your approval.
• •Pay contractors, hold accounts with them, or pay any certificate, contractor or register fees.
• •Start the government registration for you, because the law says the landlord must.
• •Visit or inspect your properties.
• •Handle complaints. Those go through your own arrangements, which for a letting agent means its redress scheme.
• •Chase or book anything during a free trial.

Certificate and contractor costs are paid by the landlord and are not included in the price.

Contractors are instructed in your name and on your account. The agreement for each visit is between the contractor and you, or your landlord, and the contractor's bill goes to you or your landlord.

You choose your contractors. A contractor is booked only on your standing instructions or with your approval.

Complaints are handled under your own arrangements. For a letting agent, that means its own complaints process and its redress scheme.

If a renter, a landlord or a contractor complains to us about work we did for you, we pass the complaint to you, and we help you answer it with the records we hold.

You confirm that your renters are told how their information is used, using the privacy notice for renters we give you. That notice is written in your name, filled in from your organisation's details, and linked from every message we send for you.

We cannot send anything to your renters until your notice is complete, with your organisation's legal name and contact address.

If you are a letting agent, the landlords you act for are records inside your account. A landlord's history inside an agent's account stays with the agent. The properties, certificates, tasks and messages kept for that landlord are part of the agent's records, and we treat them as the agent's information.

When a landlord leaves an agent, the agent decides what happens to that landlord's records, and the history stays with the agent. The agent may give the landlord an export of that landlord's properties, using the export KimonComply already provides.

We hand nothing to a landlord without the agent's instruction. If a landlord asks us for their records directly, we refer them to the agent.

You agree to cover us against claims from renters, landlords and anyone else that arise because of work we do on your instructions. That means you pay what we reasonably have to pay because of such a claim, including any amount we are ordered or agree to pay, and our reasonable legal costs.

This expressly includes any claim or complaint that arises because the work is treated as property management work under section 84 of the Enterprise and Regulatory Reform Act 2013, including one made through a redress scheme. It applies whether or not we join a redress scheme.

It does not cover the part of a claim caused by our own carelessness, or by our not following your instructions. If you let a home as a private person, section 15 narrows it further.

We carry out the property module with reasonable care and skill. We are not responsible for losses nobody could have foreseen, or for the results of decisions you or your landlord made.

Our total responsibility to you for a claim is limited to one month's fee for the property the claim is about.

Death or personal injury caused by our negligence, fraud, and anything else the law does not allow us to limit are never capped. Nothing in these terms limits or excludes our responsibility for them.

This section applies if you let a home as a private person rather than as a business, which the law calls a consumer. Where it says something different from the rest of these terms, this section applies.

• •We always use reasonable care and skill.
• •You can cancel within 14 days of the day you first pay for the property module, without giving a reason. To cancel, write to info@kimonservices.com.
• •A compliance officer does not start work in those 14 days unless you ask us to start sooner. To ask, tell us when you pay, and we will ask you to confirm that you want us to start before the 14 days end.
• •If you cancel within the 14 days, we refund what you paid. If you asked us to start sooner, you pay only for what was done before you told us you were cancelling.
• •The promise to cover us in section 13 covers only claims caused by your own decisions or failures.
• •The limit in section 14 never stops you getting back what you paid where the law gives you that right.

Nothing in these terms takes away your legal rights as a consumer.

These terms sit alongside our platform terms, which cover your account, paying, VAT, cancelling and your records, and the data processing agreement they carry, which covers the information you keep in KimonComply, your renters' included.

Where these terms and the platform terms say different things about the property module, these terms apply. Each change to these terms is a new version of this page, with its own version number and date at the top, and an admin of your organisation is asked to accept it before work in the property module continues.