1. Definitions & Interpretation

• ‘Company’: Watchman Services Limited.
• ‘Client’: The solicitor, law firm, professional, or other organisation engaging the Company’s services.
• ‘Service Request’: The Client’s initial request for services submitted to the Company (e.g., by email or online form). A Service Request is an invitation to treat and does not create a binding contract.
• ‘Engagement Confirmation’: The Company’s contractual email setting out the scope of Services, assumptions, responsibilities, out‑of‑scope items, fees, and payment terms, and incorporating these Terms by reference. The Engagement Confirmation may include options to select (e.g., inspection frequency, valuation type) and requests for Client information. When accepted by the Client, the Engagement Confirmation and these Terms form the binding contract.
• ‘Service Schedule Confirmation’: The Company’s follow‑up email summarising the agreed Services, scheduling, and operational next steps (e.g., dates, frequency, access, keys). The Service Schedule Confirmation is for implementation and does not alter the contract unless expressly stated and agreed in writing.
• ‘Services’: Insurance facilitation and/or probate property management services, including inspections, valuations, sales coordination (private treaty or auction), clearance, and any other services described in the Engagement Confirmation.
• ‘Terms’: These Business Terms & Conditions, as updated from time to time and referenced via link provided in the Engagement Confirmation.

Interpretation: Words such as ‘including’, ‘include’, and ‘for example’ are not limiting. Headings are for convenience only.

2. How Our Contract Is Formed

2.1 These Terms apply to all engagements for insurance facilitation and/or services provided by the Company.

2.2 The Client’s Service Request is an invitation to treat only. Following receipt, the Company will issue an Engagement Confirmation which (i) sets out the proposed scope, fees, assumptions and responsibilities; (ii) requests any remaining information needed; and (iii) includes a link to these Terms.

2.3 A binding contract is formed only when the Client accepts the Engagement Confirmation by: 

• replying ‘AGREED’ or otherwise clearly accepting in writing; or
• signing electronically; or
• issuing a purchase order referencing the Engagement Confirmation; or
• paying an invoice issued under the Engagement Confirmation; or
• permitting the Company to begin performance after receipt of the Engagement Confirmation.

2.4 After contract formation, the Company will issue a Service Schedule Confirmation summarising the Services, scheduling, and operational next steps. The Service Schedule Confirmation does not vary the contract unless expressly stated and agreed in writing.

2.5 Any descriptions on the Company’s website or marketing materials are illustrative only and not part of the contract.

3. Scope, Out‑of‑Scope & Change Control

3.1 The scope of Services is as set out in the Engagement Confirmation (including Client selections and information provided).

3.2 Items not expressly included in the Engagement Confirmation are out‑of‑scope.

3.3 Change Control: Variations, additions, or accelerations requested by the Client must be agreed in writing and may result in changes to fees, timelines, and assumptions. The Company may issue a revised Engagement Confirmation or a variation note for acceptance.

3.4 Precedence: If there is any inconsistency: (a) the Engagement Confirmation prevails over the Service Schedule Confirmation, these Terms, the Service Request, and any marketing materials; and (b) these Terms prevail over the Service Request and any marketing materials.

4. Insurance Services & Regulatory Position

4.1 The Company owns the Watchman brand and introduces unoccupied probate property insurance enquiries to an appointed broker.

4.2 The Company does not underwrite insurance, does not provide regulated insurance advice, and acts solely as an introducer.

4.3 Any regulated activities (including arranging or advising on insurance) are undertaken exclusively by the appointed FCA‑authorised broker under the broker’s own terms and regulatory obligations.

4.4 All insurance cover is subject to eligibility and the insurer’s policy terms and conditions. Decisions on cover, pricing, and claims are the insurer’s responsibility.

5. Additional Services for Legal Professionals

The Company may provide:
 

Property Inspection: Scheduled visits to assess condition/security and support insurer requirements.

Property Valuation Services: 

• Market valuations for probate purposes; and/or
• RICS Red Book valuations for Inheritance Tax/HMRC submissions, undertaken by suitably qualified valuers.

Property Sales & Asset Disposal: 

• The Company coordinates sales through approved agents (private treaty or auction). For private treaty sales, the Company may select a marketing approach, instruct agents, arrange viewings, manage negotiations, and present verified offers reasonably capable of completion.
• Property Clearance: Removal and disposal of contents in compliance with legal requirements.

Third‑Party Providers: The Company may engage or introduce independent third‑party agents, brokers, valuers, auctioneers, and clearance providers. The Client acknowledges these third parties act in their own capacity under their own terms, professional standards, and insurance.

6. Client Authority, Information & Eligibility

6.1 The Client warrants it has legal authority (e.g., as personal representative or instructed solicitor) to request and instruct the Services.

6.2 The Client is responsible for supplying accurate, complete, and timely information to enable insurance placement and delivery of the Services.

6.3 The Client will promptly notify the Company of any material changes to property condition, occupancy, risk factors, or instructions.

6.4 Insurance eligibility and acceptance are determined solely by the insurer/broker.

7. Service Assumptions, Dependencies & Limitations

7.1 Assumptions underpinning delivery (e.g., access availability, records availability, standard property condition) will be set out in the Engagement Confirmation.

7.2 Limitations may include: 

• Market valuations are opinions of value at a point in time and not guarantees of sale price or timing.
• RICS valuations are subject to methodology and standards (e.g., RICS Red Book); valuers may rely on available data, access, and property condition.
• Sales depend on market conditions, buyer finance, and third‑party actions outside the Company’s control.
• Clearance/disposal is subject to legal restrictions, permits, and environmental rules.

7.3 The Company does not provide legal, tax, financial, or regulatory advice, nor services outside the defined scope in the Engagement Confirmation.

8. Fees, Expenses, Invoicing & Payment

8.1 Fees (plus VAT) will be stated in the Engagement Confirmation.

8.2 Insurance premiums are payable directly to the broker, unless the Engagement Confirmation expressly states otherwise.

8.3 Unless stated otherwise in the Engagement Confirmation, the Client shall reimburse reasonable, pre‑approved out‑of‑pocket expenses (e.g., travel, disposal charges, permits).

8.4 Invoices are payable as stated in the Engagement Confirmation; if not stated, invoices are due 14 days from date of invoice.

8.5 The Company may charge interest and recovery costs for late payment in accordance with applicable law (including the Late Payment of Commercial Debts regime). The Company may suspend Services for non‑payment.

8.6 The Client must pay all fees and costs for Services provided until the contract is ended under Clause 11.

9. Changes, Variations & Additional Work

9.1 The Client may request changes at any time. The Company will confirm the impact on fees, timing, and assumptions. Changes are effective only when agreed in writing.

9.2 Where the Client’s information proves inaccurate/incomplete or access assumptions fail, the Company may: 

• adjust scope, timelines, and fees accordingly; or
• suspend Services pending clarification or payment on account.

10. Cancellation & Refunds

10.1 To cancel Services, email [email protected] with Client name, contact details, property details, and Service Request or project reference.

10.2 Notice Period: Unless otherwise agreed in the Engagement Confirmation, the Client must provide 30 business days’ written notice prior to the intended cancellation date. Written notice includes email sent to [email protected]. Services scheduled within the notice period may still be chargeable if work has commenced or third-party commitments have been made.

10.3 Refunds (if applicable) will be net of work already completed and any non‑recoverable third‑party costs.

10.4 Insurance cancellations are governed by the insurer/broker terms.

10.5 Company Right to Cancel: The Company may end the contract by written notice if the Client fails to pay when due or is otherwise in material breach. The Company will refund advance payments for Services not provided, less reasonable costs arising from the breach.

11. Liability, Indemnity & Third‑Party Services

11.1 Client Indemnity: The Client shall indemnify the Company for losses reasonably arising from (i) the Client’s breach of these Terms; (ii) inaccurate/incomplete information supplied by the Client; and (iii) claims caused by the Client’s instructions or omissions.

11.2 Liability Cap: The Company’s total aggregate liability arising out of or in connection with the Services (whether in contract, tort, negligence, or otherwise) shall be limited to the total fees paid by the Client to the Company for the relevant Service in the 12 months preceding the event giving rise to the claim.

11.3 Excluded Losses: The Company shall not be liable for indirect, consequential, or special losses, including loss of profit, revenue, business, anticipated savings, reputation, or business interruption.

11.4 Non‑Excludable Liabilities: Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded.

11.5 Insurance Decisions: The Company shall not be liable for any loss arising from an insurer’s refusal to provide cover or pay a claim.

11.6 Third‑Party Providers: The Company is not responsible for the acts or omissions of independent third‑party providers (e.g., agents, auctioneers, valuers, clearance companies, brokers), who operate under their own agreements and professional obligations.

12. Complaints

12.1 The Company aims to acknowledge complaints within 2 business days and provide a final response within 8 weeks.

12.2 Complaints should be sent to [email protected] with details of the issue, property, and the relevant reference.

12.3 Insurance‑related complaints regarding advice, cover, or claims should be directed to the appointed broker/insurer under their complaints process.

13. Data Protection & Confidentiality

13.1 The Company will process personal data in accordance with UK GDPR and the Data Protection Act 2018, and its Privacy Policy (see www.watchmanservices.co.uk).

13.2 Each party will keep confidential information received from the other confidential and use it only for the purposes of the Services, subject to legal and regulatory duties.

14. Claims Handling (Insurance)

Claims under any insurance policy must be submitted directly to the insurer (or appointed broker) in accordance with their requirements.

15. Access, Health & Safety, Keys

15.1 The Client will ensure safe and lawful access to properties and will notify the Company of any known hazards, restrictions, or alarm/lock codes.

15.2 The Company will take reasonable care of keys and access devices while in its possession and may use secure key management procedures.

16. Force Majeure

The Company shall not be liable for delay or failure to perform due to events beyond its reasonable control, including but not limited to: acts of God, extreme weather, fire/flood, epidemic/pandemic, war/terrorism, civil disorder, strikes/labour disputes, supply chain failures, utility/telecom outages, or government restrictions. Time for performance shall be extended by a reasonable period.

17. Assignment & Transfer

17.1 The Company may transfer its rights and obligations under these Terms to another organisation and will notify the Client if this occurs.

17.2 The Client may transfer its rights/obligations only with the Company’s prior written consent. The Company may refuse such requests at its discretion.

18. No Advice Outside Scope & No Partnership

18.1 The Company does not provide legal, tax, financial, or regulated insurance advice.

18.2 Nothing in these Terms creates a partnership, joint venture, or agency beyond the Services expressly agreed.

19. Third‑Party Rights

Except for the appointed broker/insurer in relation to insurance facilitation, a person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.

20. Notices & Electronic Communications

20.1 Notices may be given by email or to the registered office address. Notices by email are deemed received at the time of sending if sent on a business day (otherwise next business day).

20.2 The parties agree to the use of electronic communications and e‑signatures. A reply stating ‘AGREED’ or equivalent clear acceptance, or acceptance by conduct under Clause 2.3, is effective.

20.3 The Client warrants that individuals who communicate acceptance are authorised to bind the Client.

21. Priority & Entire Agreement

21.1 Order of precedence: (a) the Engagement Confirmation; (b) these Terms; (c) the Service Schedule Confirmation (operational detail); (d) the Service Request; and (e) marketing materials. If the Service Schedule Confirmation conflicts with the Engagement Confirmation, the Engagement Confirmation prevails.

21.2 These Terms, together with the Engagement Confirmation and any agreed variations, constitute the entire agreement and supersede prior understandings regarding the Services.

21.3 If any provision is invalid or unenforceable, it shall be severed and the remaining provisions shall continue in full force. Failure or delay to enforce any right is not a waiver.

22. Governing Law & Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them (including non‑contractual disputes or claims) are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.