Terms and Conditions

1. Definitions & Interpretation

In these Terms, unless the context otherwise requires:

"Service Request" means the Client's initial request for services submitted to the Company (including by email, telephone or online form). A Service Request is an invitation to treat only and does not create any contractual obligation.

"Booking Form" means the Company's document setting out the Services requested, fees, charges and payment terms. When completed and returned by the Client, the Booking Form constitutes the Client's offer to purchase the Services.

"Service Schedule Confirmation" means the Company's email confirming acceptance of the Client's signed Booking Form and setting out the agreed Services and implementation arrangements. A binding contract is formed when the Company issues the Service Schedule Confirmation.

"Services" means the probate property management services described in the Booking Form and confirmed in the Service Schedule Confirmation.

"Client" means the individual, law firm, estate representative, organisation or other person requesting the Services.

"Terms" means these Business Terms & Conditions.

References to the singular include the plural and vice versa. References to statutes include any amendments, replacements or re-enactments.

2. How Our Contract Is Formed

2.1 These Terms apply to all Services supplied by the Company.

2.2 The Client's Service Request is an invitation to treat only. Following receipt of a Service Request, the Company may issue a Booking Form setting out the proposed Services, fees and payment terms.

2.3 The Client's completed and signed Booking Form constitutes an offer to purchase the Services on the terms contained in the Booking Form and these Terms.

2.4 A binding contract is formed only when the Company issues a Service Schedule Confirmation accepting the Client's signed Booking Form.

2.5 The Service Schedule Confirmation records the Services to be provided and any implementation arrangements. Unless expressly agreed in writing, it does not alter the fees, scope or commercial terms set out in the Booking Form.

2.6 Any descriptions, information or illustrations contained in the Company's website, brochures, advertising or marketing materials are illustrative only and do not form part of the contract.

3. Scope, Out-of-Scope Items & Change Control

3.1 The scope of Services shall be as set out in the Booking Form.

3.2 Any item not expressly included within the Booking Form shall be deemed out of scope.

3.3 Where either party wishes to vary the Services, the Company may issue a revised Booking Form, quotation or variation notice for written acceptance.

3.4 The Service Schedule Confirmation, Booking Form and these Terms together form the contract between the parties.

3.5 In the event of inconsistency:

a) the Booking Form shall prevail in relation to Services, fees and payment terms;

b) these Terms shall prevail in relation to legal and contractual provisions; and

c) the Service Schedule Confirmation shall prevail only in relation to operational, scheduling and implementation arrangements.

4. Insurance Services & Regulatory Position

4.1 The Company owns and operates the Watchman brand and introduces enquiries relating to unoccupied probate property insurance to appointed brokers.

4.2 The Company is not an insurer, does not underwrite insurance and does not provide regulated insurance advice.

4.3 Any regulated insurance activities, including advising upon, arranging or administering insurance products, are undertaken exclusively by FCA-authorised brokers acting under their own regulatory permissions and contractual arrangements.

4.4 All insurance cover remains subject to insurer acceptance, underwriting requirements, policy terms and conditions.

4.5 Decisions relating to cover, premiums, exclusions, endorsements, claims and policy administration remain the responsibility of the insurer and/or appointed broker.

5. Additional Services for Legal Professionals

The Company may provide additional probate property services, including:

• Property inspections.
• Property security management.
• Probate market valuations.
• RICS Red Book valuations.
• Property sales management.
• Auction sales coordination.
• Property clearance and disposal.
• Contractor coordination.
• Asset management services.
• Other probate-related property management services.

The Company may engage, introduce or coordinate third-party brokers, agents, valuers, auctioneers, surveyors, contractors and other service providers. Such parties act independently under their own terms, professional obligations and insurance arrangements.

6. Client Authority, Information & Eligibility

6.1 The Client warrants that it has the legal authority to instruct the Services.

6.2 The Client shall provide accurate, complete and timely information reasonably required by the Company.

6.3 The Client shall notify the Company immediately of any material change relating to the property, occupancy status, risk profile or instructions.

6.4 Insurance eligibility and acceptance remain entirely at the discretion of insurers and brokers.

7. Service Assumptions, Dependencies & Limitations

7.1 Assumptions underpinning delivery, including access availability, availability of records and property condition, may be set out in the Service Schedule Confirmation.

7.2 The following limitations apply:

a) Market valuations represent professional opinions at a specific point in time and do not guarantee future sale prices.

b) RICS valuations are subject to applicable professional standards and available information.

c) Property sales remain dependent upon market conditions, purchaser activity and third-party actions outside the Company's control.

d) Clearance and disposal services remain subject to applicable legal, environmental and regulatory requirements.

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

8. Fees, Expenses, Invoicing & Payment

8.1 Fees are stated in the Booking Form unless otherwise agreed in writing.

8.2 Fees for additional services may be confirmed separately by quotation or email.

8.3 Insurance premiums shall be payable directly to the relevant broker unless the Service Schedule Confirmation expressly states otherwise.

8.4 Unless otherwise stated in the Service Schedule Confirmation, the Client shall reimburse all reasonable pre-approved out-of-pocket expenses.

8.5 Invoices shall be payable in accordance with the payment terms stated within the Booking Form. Where no payment term is stated, invoices shall be payable within fourteen (14) days of issue.

8.6 The Company reserves the right to charge statutory interest and debt recovery costs on overdue invoices.

8.7 The Company may suspend Services where payments remain outstanding.

8.8 The Client shall remain liable for fees and costs incurred up to the date of termination.

9. Changes, Variations & Additional Work

9.1 The Client may request changes to the Services at any time.

9.2 Where changes are requested, the Company may revise fees, timescales, assumptions or scope.

9.3 Changes become effective only upon written agreement by the Company.

9.4 Where information provided by the Client proves inaccurate, incomplete or misleading, the Company may:

a) revise scope, fees and timescales; or

b) suspend performance pending clarification.

10. Cancellation & Refunds

10.1 Cancellation requests must be submitted to:

[email protected]

10.2 Unless otherwise agreed in the Service Schedule Confirmation, the Client shall provide not less than thirty (30) business days' written notice of cancellation.

10.3 Services commenced or third-party commitments entered into before expiry of the notice period may remain chargeable.

10.4 Refunds, where applicable, shall be subject to deduction for work completed and non-recoverable third-party costs.

10.5 Insurance cancellation rights shall be governed by the relevant insurer and broker terms.

10.6 The Company may terminate the contract immediately where:

a) fees remain unpaid;

b) the Client commits a material breach; or

c) continuation of Services becomes unlawful.

11. Liability, Indemnity & Third-Party Services

11.1 The Client shall indemnify the Company against losses arising from:

a) breach of these Terms;

b) inaccurate information supplied by the Client; or

c) instructions given by the Client.

11.2 The Company's aggregate liability arising from the Services shall not exceed the total fees paid by the Client to the Company for the relevant Service during the preceding twelve (12) months.

11.3 The Company shall not be liable for:

a) indirect losses;

b) consequential losses;

c) loss of profit;

d) loss of business;

e) loss of opportunity;

f) loss of anticipated savings;

g) reputational damage.

11.4 Nothing in these Terms excludes liability for:

a) death or personal injury caused by negligence;

b) fraud or fraudulent misrepresentation; or

c) any liability that cannot legally be excluded.

11.5 The Company shall not be liable for insurer decisions regarding policy acceptance, policy terms or claims payments.

11.6 The Company shall not be responsible for the acts or omissions of independent third-party service providers.

12. Complaints

12.1 Complaints should be submitted to:

[email protected]

12.2 The Company aims to acknowledge complaints within two (2) business days.

12.3 The Company aims to provide a final response within eight (8) weeks.

12.4 Complaints relating to regulated insurance activities should be directed to the relevant broker or insurer.

13. Data Protection & Confidentiality

13.1 The Company shall process personal data in accordance with UK GDPR, the Data Protection Act 2018 and its published Privacy Policy.

13.2 Each party shall keep confidential information confidential and use it solely for purposes connected with the Services.

13.3 This clause survives termination.

14. Claims Handling (Insurance)

Insurance claims must be submitted directly to the relevant insurer or appointed broker in accordance with their procedures.

15. Access, Health & Safety & Keys

15.1 The Client shall provide safe and lawful access to the property.

15.2 The Client shall notify the Company of known hazards, restrictions, alarms, key codes or security arrangements.

15.3 The Company shall exercise reasonable care in handling keys and access devices.

16. Force Majeure

The Company shall not be liable for delays or failures caused by events beyond its reasonable control, including acts of God, extreme weather, flood, fire, epidemic, pandemic, war, terrorism, civil unrest, strikes, utility failures, telecommunications failures, supplier failures or governmental action.

Any affected timescale shall be extended by a reasonable period.

17. Assignment & Transfer

17.1 The Company may transfer its rights and obligations under this contract to another organisation.

17.2 The Client may not transfer its rights or obligations without the Company's prior written consent.

18. No Advice Outside Scope & No Partnership

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

18.2 Nothing in this contract creates a partnership, joint venture, agency or employment relationship between the parties.

19. Third-Party Rights

Except where expressly stated, no person who is not a party to this contract shall have any rights under the Contracts (Rights of Third Parties) Act 1999.

20. Notices & Electronic Communications

20.1 Notices may be served by email or by post to the registered office or principal business address of the receiving party.

20.2 Notices sent by email shall be deemed received when transmitted on a business day, or on the next business day if sent outside business hours.

20.3 The parties agree to the use of electronic communications and electronic signatures.

20.4 A Booking Form signed electronically, containing the word "AGREED" or otherwise clearly accepted by the Client, shall be valid and binding upon acceptance by the Company through issuance of the Service Schedule Confirmation.

20.5 The Client warrants that individuals communicating on its behalf have authority to bind the Client.

21. Entire Agreement & Priority

21.1 The contract consists of:

a) the Service Schedule Confirmation;

b) the Booking Form; and

c) these Terms.

21.2 Together these documents constitute the entire agreement between the parties and supersede all prior negotiations, discussions, representations and understandings.

21.3 No party has relied upon any representation not expressly contained within the contract.

21.4 If any provision is found invalid or unenforceable, the remaining provisions shall remain effective.

21.5 Any delay or failure to enforce rights shall not constitute 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 and claims, shall be governed by the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction.