EyeRent account terms
Version 1.0, effective 10 November 2026.
CME Group Ltd trading as EyeRent, company number 17536235, registered in England and Wales. Registered office: 11a Mead Way, Fareham, PO16 7LA. Contact: privacy@eyerent.co.uk.
Changes: we give at least 30 days' notice of material changes in a form you can keep, as set out in I.3, and price changes follow D.8. The current version is always on this page.
A. The agreement and our service
A.1 These terms are between CME Group Ltd trading as EyeRent, company number 17536235, registered in England and Wales, registered office 11a Mead Way, Fareham, PO16 7LA, and the person or organisation opening an EyeRent account. We use we, us and EyeRent for that company and you for the account holder. Support and billing contact: privacy@eyerent.co.uk. Data protection contact: privacy@eyerent.co.uk. Our ICO registration reference is ZC282991.
A.2 EyeRent is records, reminders and tenant tools software. It is not a letting agent, managing agent or tax agent. A managed listing service is on hold and, if offered, will have its own separate agency terms and notice.
A.3 Your account contract starts when you accept these terms and we confirm your account. A paid subscription or extra starts only when you expressly order it after seeing the total price, scope, duration and cancellation information, and we confirm the order in a form you can keep. Merely opening a free account or viewing a feature creates no payment obligation.
A.4 The agreement comprises these terms, your confirmed plan or order details and, for landlord and agent accounts, the EyeRent data processing agreement (DPA) in the version shown when you accept. The EyeRent Privacy notice, in its current version, explains personal data use; it is not blanket consent to every use of data. We provide copies or accessible links before acceptance. For data protection, the DPA takes precedence over conflicting terms or order details; mandatory terms of an applicable UK IDTA or UK Addendum take precedence for the transfer they cover. Otherwise a confirmed order can specify scope, price and period but does not silently override consumer protections or section L.
A.5 Consumer and Business Customer have the meanings in L.1.2. A landlord account is not automatically a business account. Your legal status depends on the purpose of the contract, not a label or number of properties. Nothing here reduces applicable rights under the Consumer Rights Act 2015 or Consumer Contracts Regulations 2013.
B. Accounts, authority and security
B.1 Landlord accounts are for managing your own authorised property records. Agent accounts are for people authorised to act for landlords. Tenant accounts are free and are opened through an invitation from the landlord or authorised agent; tenants see only their authorised tenancy information.
B.2 If you open or use an account for an organisation or another person, you confirm you have authority to bind them and give the relevant instructions. An agent confirms authority from each landlord for the properties, instructions, access and sharing concerned and remains responsible to each landlord under their agency arrangement. This does not appoint EyeRent as the agent or give EyeRent authority to act beyond the software instructions.
B.3 You agree to provide accurate account details, keep them up to date, use only your authorised access and promptly remove or ask us to remove access that is no longer appropriate. Each user uses their own login. Keep login details safe, do not share them and use multi-factor sign-in where offered. Staff and admins use two-step sign-in. Contact us promptly if you suspect unauthorised access. We remain responsible for our own security duties; misuse is not automatically your responsibility merely because it used your credentials.
B.4 Landlords and agents decide who has permission to access each property and record. Invitations do not authorise access to unrelated properties or other tenants' information. An agent whose authority ends stops giving instructions for that landlord and helps arrange a lawful handover, subject to the landlord's data rights and instructions.
C. Features and their limits
C.1 Features are available only where shown as active in your plan. A preview, sandbox or coming-soon description is not an offer of a live service or permission to use real personal data in a held feature. We describe the main functionality and any known compatibility or device requirements before you order. We do not promise future functionality to justify a current payment.
C.2 Compliance reminders and calendar. These help organise dates and tasks. You check the source information, relevant property rules and deadlines and maintain a suitable way of monitoring time-critical duties. A reminder is not evidence that a duty has been met. This does not remove our responsibility for a breach of an express promise about the reminder tool.
C.3 EPC lookup and council licence records. EPC information comes from the official register where available. Council licence records hold the information entered or obtained for the property. Check the current official register and relevant council requirements where needed. A lookup or a saved record is not a compliance certificate or a council decision, and may not reflect a recent change.
C.4 Documents and sharing. You can store documents and share authorised copies with tenants. Making a copy available in EyeRent, uploading it or sending a message does not by itself establish valid legal service of a document. You check the required content, recipient, method, consent where relevant and timing, and keep evidence of any service you arrange.
C.5 Templates and legal document centre. These provide general information and starting points, not legal advice or a guarantee that wording suits a property or situation. You check the current law and the document's scope and decide whether to obtain professional advice before use. A template label does not override any express description or our duty to use reasonable care and skill.
C.6 Messages. Messages and files are visible to authorised participants as described in the Privacy notice. Users cannot edit or delete messages through ordinary messaging controls, without removing lawful data protection rights. Please do not include ID documents, bank details or health information in messages. EyeRent support access is limited to authorised support, security or documented instructions and is logged. Unread-message and due-item reminders are service messages, with reminder settings available in the account. Ordinary messaging is not an emergency reporting or guaranteed legal-service channel.
C.7 Tenant referencing, when released. Live referencing is currently on hold. When available, EyeRent will arrange references from the previous landlord, employer and accountant where relevant and a credit, identity and affordability check by a specialist referencing company, a separate company. The exact checks and optional guarantor work are described on the order and applicant authority screens. We do not promise an unconfirmed provider check or claim that all results are complete or accurate. EyeRent presents the referees' answers and the provider's attributed results without checking, judging, ranking or deciding the application. The decision is the landlord's, with meaningful human review. The landlord remains responsible for Right to Rent where it applies; referencing does not replace that check.
C.8 Referencing authority and visibility. Each adult applicant signs their own authority before requests or a provider check begin. A guarantor signs a separate authority for their own information; that authority is not a guarantee agreement. The landlord and authorised agent see the full answers, as identified in the notices. Applicants and guarantors see progress, not the underlying answers in their ordinary account screens, without limiting their legal access rights. A tenant does not see their guarantor's answers or result. Referees see only their own form. Authority can be withdrawn to stop further requests and searches not yet made; it does not erase a completed credit search. Referee links expire after 14 days and have up to two reminders. You use the notices and authority route, do not contact referees twice through overlapping provider services, and handle any disputed information fairly. Benefit income counts as income; you agree not to use EyeRent to discriminate unlawfully, including because an applicant receives benefits or has children.
C.9 OpenRent. We provide a link to OpenRent, a separate company with its own terms and fees. You post adverts through your own OpenRent account and remain responsible for the advert and any separate contract. The link does not authorise EyeRent to place an advert or pay a fee for you.
C.10 CMeSign. This is CME Group Ltd's own electronic signing service. Signed documents and signing records are held as described in the Privacy notice. You check signatories, authority, the final document and any witnessing, deed or service requirements. An electronic signature is not a guarantee that every document meets every legal formality. Any additional CMeSign terms are supplied before use, apply only if expressly agreed and do not reduce the DPA or mandatory consumer protections or treat CME Group Ltd as a separate provider.
C.11 Making Tax Digital. Coming soon, not available and cannot be bought or enabled until live. When released, it will cover quarterly updates only. You will review and send your own quarterly figures to HMRC through the process shown to you. It will not prepare or submit your end of year tax return, which you complete through HMRC or other software. EyeRent will not check the figures or give tax advice. HMRC sign-in, required fraud-prevention information and the live connection will be explained before activation. Section L.7 applies when the feature becomes available.
C.12 Mobile receipt reading and photos. Where the app feature is available, receipt photos are read on your device; no OCR provider receives the images for reading. Review suggested details yourself. The app masks card numbers and saves neither the image nor extracted details to EyeRent until you confirm; confirmed records are then stored in your account. Location data is removed from uploaded property photos. Please avoid photographing people or personal papers. Tenant ID document features, ID checks and ID document OCR are unavailable. We will complete a DPIA before those features or live referencing go live. Self-employed applicant document uploads remain outside the current referencing scope.
C.13 Push, if enabled later. If you turn on push notifications in the app, lock-screen text will be general, without names, addresses, message contents or financial details, and you can turn notifications off. Provider and safeguards are confirmed before activation, as described in the DPA. No coming-soon feature is enabled by accepting these terms alone.
D. Prices, billing and paid extras
D.1 Tenant accounts are free. The current subscription prices and plan scope for landlord and agent accounts are on the EyeRent pricing page and shown on the order screen before you agree to pay. These terms do not set subscription or check prices. Subscription billing and ordinary cancellation follow D.7; price changes follow D.8.
D.2 We show the total payable, billing frequency and scope prominently before a paid order. No VAT is currently charged, as explained in D.10. There is no automatic conversion from free or preview use into a paid plan without your express agreement. The price shown on the order screen and recorded on the corresponding invoice is the price we charge. If those records differ, we resolve the discrepancy against the price you agreed before collection rather than treating a changed invoice as authority to charge more.
D.3 When live referencing is available, there is one tenant referencing fee per applicant covering the ordered references and credit check. The current referencing fee and any separately ordered guarantor check price are on the EyeRent pricing page and shown on the order screen as the total payable. No VAT is currently charged. A guarantor check is ordered only where a guarantor is used. The order price is fixed when the order is placed and is not increased because the pricing page changes later. No paid referencing order is accepted until live ordering is enabled and the complete price and scope are displayed.
D.4 The account holder who places a referencing or guarantor order is the one billed for it and named on the invoice. Where a letting agent places the order, the invoice is addressed to the agent and the cost is recorded in the agent's own account, not in the landlord's property costs; a copy marked as billed to the agent is filed in the property's Documents. Where a landlord places the order, the cost is recorded against that property. Referencing fees are charged only to the landlord or agent account. Tenants and guarantors are never charged for them. You agree not to recover these charges from a tenant or guarantor, through an application charge, third party or another prohibited payment. EyeRent provides no mechanism to add them to rent or a deposit. This reflects the Tenant Fees Act 2019 rules for the English tenancies supported by the referencing feature.
D.5 Subject to section E, consumer statutory rights and our own breach, a check fee is not refundable once the ordered check has started. A check not started can be cancelled for a refund. A consumer's cancellation rights are not lost merely because a check starts. We do not charge for a guarantor service that was not ordered, or activate an additional provider charge without the account holder's express agreement.
D.6 If an agreed payment is overdue, we will explain the amount and allow a reasonable opportunity to pay or raise a genuine dispute before restricting paid features, unless immediate action is justified under section J. We do not impose an unspecified late fee or withhold a lawful data export to pressure payment of a disputed amount. Refund and cancellation rights below take priority over general billing descriptions.
D.7 Subscriptions are billed monthly in advance on a rolling monthly basis, with no annual tie-in. You can cancel any time before the next payment through account controls or by contacting privacy@eyerent.co.uk; no extra notice period or cancellation charge applies. Cancellation stops the next renewal payment and you keep access until the end of the paid month. Ordinary customer cancellation gives no refund for the unused part of that month, except where statutory rights, section E, our own breach or another express refund right in these terms applies. A cancellation request is effective when given through the stated route, not only when we acknowledge it. A separate request for earlier data return or deletion remains available under K and the DPA.
D.8 We give at least 30 days' notice in a form you can keep before a price change takes effect, explaining the new total payable, the effective date and your right to cancel before the change takes effect without a cancellation charge. A change never applies to a period already paid for or an order already placed. For an existing subscription, the changed price applies only to a future monthly renewal after the notice period, which you can choose not to accept by cancelling before that renewal. Updating the pricing page alone does not replace notice to an existing affected customer. We keep a dated copy of each pricing page version and retain the order price and corresponding invoice so the agreed price can be checked. Sections I.3 and I.4 do not shorten this price-change notice or permit a retrospective price increase.
D.9 We issue a numbered invoice for each referencing or guarantor order and file it in the property's Documents. It identifies the order, the billed landlord or agent and the agreed total. Invoices show no VAT line because we are not registered for VAT. We issue a credit note linked to that invoice when a check is cancelled before it starts or a refund is agreed, showing the credit or refund due. An invoice or credit note does not reduce the refund and consumer protections in D.5 and section E.
D.10 We are not registered for VAT, so no VAT is charged on our prices. If we register for VAT, any resulting price change follows the price change notice and cancellation terms above.
E. Consumer cancellation and remedies
E.1 If you are a Consumer entering into an online service contract with us, you can cancel without giving a reason until the end of 14 days after the day the contract is made. This applies to a qualifying subscription or separately ordered service such as a check. We provide the cancellation information and an optional model cancellation form in a form you can keep. If the law extends a cancellation period because information was not given, the extended period applies.
E.2 You can cancel by an unambiguous statement using the account cancellation control, emailing privacy@eyerent.co.uk or writing to our registered office in A.1. You do not need to use our form or give a reason. Sending the notice before the deadline is sufficient; you do not need to wait for a reply. We acknowledge electronic cancellation in a form you can keep.
E.3 We begin a paid service during the cancellation period only if you make a separate express request to start then. Accepting the terms alone is not that request. If you do not request an early start, your paid subscription starts after the cancellation period and your first payment is taken then. Until then you can use EyeRent's subscription features free, and cancelling during the cancellation period costs nothing. We record and confirm your choice. We do not use a pre-ticked box for it.
E.4 If you cancel after an early start you expressly requested, you pay only a proportionate amount for the service actually supplied up to cancellation, based on the agreed total price and scope, or its market value if that total is excessive, where the law allows. You pay no early-start amount where the required request or information was missing. A continuing subscription is not fully performed merely because access was enabled. A separate service loses its statutory cancellation right on full performance only where you expressly requested the early start and acknowledged beforehand that this right would end on full performance.
E.5 We refund the balance due within 14 days after being informed of cancellation, using the original payment method unless you expressly agree otherwise, without a refund fee. Consumer remedies for defective or misdescribed services or digital content remain available independently of this cancellation right. Our check-start policy in D.5 does not override them.
E.6 These terms do not ask you to waive cancellation rights for separately supplied digital content. We preserve a 14-day contractual cancellation right for that content and do not charge a service-style proportionate amount merely for digital content supplied during that period. Any future proposal to supply separately charged digital content on different cancellation terms will be explained and agreed lawfully before supply, not imposed through a general early-start checkbox.
E.7 You can use this optional model cancellation form, or any other clear statement:
To: CME Group Ltd trading as EyeRent, 11a Mead Way, Fareham, PO16 7LA; email: privacy@eyerent.co.uk.
I give notice that I cancel my contract for the following service: ____________________
Ordered on: ____________________
Consumer name: ____________________
Consumer address: ____________________
Signature, only if sent on paper: ____________________
Date: ____________________
E.8 If you are a Consumer, any further mandatory subscription, renewal or cancellation rights in force for your contract also apply. No billing description or order detail removes them. Ordinary cancellation after the cooling-off period follows the confirmed plan details, without affecting remedies for our breach or an adverse change under I.4.
F. Acceptable use
F.1 You agree to use EyeRent lawfully, within your permissions and for genuine property and tenancy work. You agree not to upload material you have no right to use, disclose another person's data without a lawful basis, use the service for harassment, unlawful discrimination, misleading records, malware, unauthorised access or disruption, or attempt to obtain another account's data.
F.2 You agree not to resell access to the platform itself, impersonate another user or misuse signing or reference links. Authorised agents can use their plan for their landlord clients; that is not prohibited resale. You can export and use your own records and exercise any rights the law protects. Nothing restricts interoperability activity that cannot lawfully be restricted.
F.3 Report security problems or unlawful content to the general contact in A.1; privacy matters can go directly to privacy@eyerent.co.uk. We investigate proportionately and handle any restriction under J, rather than automatically treating a report as proof of wrongdoing.
G. Records, ownership and licence
G.1 As between you and us, you retain ownership of the records and content you supply, including a landlord's property and tenancy data. This does not turn personal information into property free of other people's rights or override a tenant's, author's or other person's rights. We own or license the EyeRent software, design and general materials. Your plan permits use of those materials for its stated property purposes, not resale of our template library.
G.2 You give us only the limited, non-exclusive licence to host, copy, organise, display to authorised users, transmit on your instructions, secure, back up and export your content as necessary to provide the service. For personal data this is subject to the DPA and Privacy notice, not a separate lawful basis for unrelated use. The licence ends when processing ends, except for the limited export, backup or legally required retention purposes below.
G.3 You are responsible for the accuracy and lawful use of what you enter and for keeping records required outside EyeRent. We do not use customer, tenant or applicant content to train AI models, sell it or market to tenants or applicants. We cannot guarantee the truth of a third party's statement; we remain responsible for our own handling and express promises.
H. Data protection, retention and the DPA
H.1 CME Group Ltd is controller for its own account administration, billing, support and security records as explained in the Privacy notice. For a landlord's property and tenant records, the landlord is Controller and we act as Processor on documented instructions under the DPA. Customer Personal Data has the DPA meaning. A data licence or account permission does not replace a lawful basis or transparency duties.
H.2 The DPA is incorporated for landlord and agent accounts. An agent confirms authority to give the relevant landlord's instructions and secure the DPA protections for that processing. Agents and landlords identify their actual controller, joint-controller or processor roles and cover the sharing in their own notices and agency arrangements; if the arrangement needs different documented processing terms, those are agreed before the affected processing. Our generic wording does not settle a joint-controller arrangement for them.
H.3 The DPA governs confidentiality, security, assistance with rights, breach reporting, audits, return and deletion, sub-processors and transfers. In particular, addition or replacement of an external sub-processor has at least 30 days' prior notice and the DPA objection process. International transfers use applicable UK adequacy arrangements or appropriate safeguards such as the UK IDTA or UK Addendum, with required assessments and extra safeguards. Acceptance of these terms is not permission to activate an unidentified provider or a held feature.
H.4 The Privacy notice and DPA set service retention. Key periods are:
| Records | Service retention |
|---|---|
| Tenancy thread messages and files | 6 years after the tenancy ends |
| Enquiry threads not leading to a tenancy | 6 months after the last message |
| Tenancy records, inventories, deposits, signed documents and tenancy photos | 6 years after the tenancy ends |
| Right to Rent copies and records, when supported | 1 year after the tenancy ends |
| Unsuccessful referencing, when live | 6 months after the decision |
| Referencing where the tenancy goes ahead, when live | With the tenancy file, 6 years after the tenancy ends |
| Receipts, confirmed receipt images and extracted results, rent and expense records | 6 years after the end of the tax year they relate to |
| Sign-in and security logs | 12 months |
| Staff access and audit logs | 12 months. Entries copied into a data rights case are kept 3 years, and entries copied into a security incident record are kept 6 years |
H.5 These periods are subject to lawful instructions, rights requests and the closure rules in K and DPA clause 3.8. They do not authorise keeping customer records for the full period after account closure. Dispute holds are confined to relevant records, documented and reviewed. Deleted data leaves backups within 35 days after live deletion and remains beyond ordinary use meanwhile; restore controls reapply deletion.
H.6 A tenant can exercise data rights by contacting their landlord or us; we forward and assist with requests about landlord records. Contact privacy@eyerent.co.uk for data questions and see the Privacy notice for rights and the ICO complaint route. A tenant's account terms do not contract away their rights against the landlord or any controller. Sharing with a separate controller is explained before sending, and does not end our responsibility for our own handling or copy.
I. Availability, maintenance and changes
I.1 We provide the service with reasonable care and skill. No specific uptime or round-the-clock support response is promised by these terms. We take reasonable steps to maintain security, availability and recovery, including the DPA obligations, and tell you about planned disruption where reasonably practicable. Planned maintenance is scheduled to reduce disruption where possible. This is not a general disclaimer of our express commitments.
I.2 We can make proportionate changes for legal requirements, security, compatibility, fixing defects or improving the service. We do not remove a paid core feature or materially reduce its function during an agreed paid period without the protections below. We explain significant compatibility changes and do not describe a preview as a committed release date.
I.3 We give at least 30 days' notice in a form you can keep of material changes to these terms or your service, explaining the reason, effect, start date and your options. Price changes follow D.8, including its full notice period, cancellation option and protection for paid periods and existing orders. If a new express agreement is legally needed, continued use alone does not replace it.
I.4 If a material change adversely affects you, you can end the affected service before it takes effect without a termination charge and obtain a proportionate refund for prepaid service we will no longer provide, with the export rights in K. If immediate action is reasonably necessary for law or security, we give as much notice as practicable, explain promptly and preserve appropriate exit, refund and data access protections. Urgency does not shorten the price-change notice or protections in D.8.
J. Suspension
J.1 We can restrict only the access or feature reasonably necessary where there is a serious security risk, unlawful use, a material breach or an overdue undisputed payment after reasonable notice. Where it is safe and lawful, we explain the reason, allow a reasonable opportunity to remedy it and tell you how to ask for review. Immediate restriction is reserved for cases where delay risks harm, unlawful disclosure or a legal breach.
J.2 We keep a suspension proportionate, review it and restore access when the reason is resolved. We protect records and preserve a secure way to exercise rights and obtain the lawful export, even where ordinary access is unsafe. Any restriction on a particular disclosure is limited to what law or security actually requires. Suspension does not cancel our DPA or consumer obligations.
K. Ending the contract and what happens next
K.1 You can stop renewal or close your account through account controls or the general contact in A.1. The monthly cancellation and end-of-paid-month rules in D.7 apply, subject to consumer rights and rights to end for our breach or a material adverse change. Cancelling a renewal and asking for immediate deletion are distinct choices; we explain the effective closure date. Tenant users can close their free login without a fee, but this does not itself delete records the landlord lawfully keeps.
K.2 We can end ordinary provision on at least 30 days' notice, explaining the effect and providing export access. We can end for a serious or repeated material breach after a reasonable remedy opportunity, or immediately where a serious legal or security risk cannot reasonably be managed otherwise. We do not terminate to avoid a valid complaint, refund or data request. If we end for convenience or cannot provide prepaid service, we refund the unused prepaid part. Other outstanding charges and refunds depend on the agreed order, supplied work and applicable statutory rights, not an automatic forfeiture of all payments.
K.3 After closure, the landlord or authorised account holder has 30 days to export Customer Personal Data, including files, in a commonly used machine-readable format, or can choose earlier return or deletion. This period is for export, not continued ordinary service. We do not make export of a landlord's records depend on an agent retaining authority it has lost; we verify authority and arrange access securely. A tenant login closure does not close the landlord's account or start deletion of the landlord's tenancy file.
K.4 At the end of the 30-day window we delete remaining Customer Personal Data and copies in accordance with DPA clause 3.8, unless UK law requires storage of a specific copy. Backup copies are beyond ordinary use and deleted within 35 days after live deletion; required retained copies are isolated, protected and used only for the relevant legal purpose. Our own controller records follow their separate lawful retention periods in the Privacy notice. We confirm deletion on request under the DPA.
K.5 Confidentiality, payment obligations for properly supplied work, statutory remedies, section L and data protection duties continue so far as needed after closure. No surviving term permits new unrelated use of your data or removes your rights to return or deletion.
L. Liability
L.1 Who this section applies to
L.1.1 In this section, we, us and EyeRent mean CME Group Ltd trading as EyeRent, company number 17536235. You means the person or organisation accepting these terms. DPA means the EyeRent data processing agreement incorporated into these terms.
L.1.2 A Consumer is an individual using EyeRent for purposes wholly or mainly outside their trade, business, craft or profession. A Business Customer uses EyeRent in the course of a business, including a landlord or agent acting in that capacity. Being a landlord or selecting a landlord account does not by itself make an individual a Business Customer. If you are a Consumer, the business exclusions and monetary caps in L.3 and L.4 do not apply to you.
L.1.3 A Liability Year is each successive 12-month period starting on the date these terms first take effect for your account and each anniversary of that date. A Claim is a written demand for compensation or other financial remedy, including legal proceedings. For allocating Claims to a Liability Year, a Claim belongs to the year of the act or omission giving rise to it, not the date it is reported. Claims arising from the same incident or directly related continuing incident belong to the year of its first relevant act or omission. Unconnected incidents are not combined merely because they affect the same feature. This allocation does not shorten any legal time limit for bringing a Claim.
L.1.4 Please tell us about a possible Claim as soon as reasonably possible and aim to do so within 6 months after you become aware of the relevant loss. This helps us investigate, preserve records and reduce further loss. This is a request for prompt notice, not a condition of liability: later notice does not by itself extinguish or reduce a Claim. Applicable legal time limits remain unchanged, including for Consumers. We can still rely on the ordinary rules requiring a person claiming loss to take reasonable steps to limit avoidable loss.
L.2 Liability and rights that are not limited
L.2.1 Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or anything else that cannot lawfully be excluded or limited.
L.2.2 If you are a Consumer, nothing in these terms limits your statutory rights, including applicable rights and remedies under the Consumer Rights Act 2015. This includes reasonable care and skill and any applicable rights relating to digital content. A free account does not remove rights or remedies that apply to it.
L.2.3 Nothing in these terms limits an individual's rights to compensation under data protection law or the powers of a regulator. Any allocation of liability between us and a Business Customer operates only to the extent permitted by law. These protections take priority over every exclusion or cap below.
L.3 Business Customers: excluded losses and general cap
L.3.1 For Business Customers only, and subject to L.2 and the retained liabilities described below, we are not liable for indirect or consequential loss, or for loss of profit, rent, business or goodwill, whether those listed losses are direct or indirect.
L.3.2 L.3.1 does not exclude reasonable direct costs of restoring affected records, correcting errors caused by our breach or obtaining a replacement service. It also does not exclude the liability expressly retained in L.5.2, L.6.2, L.6.3, L.7.2 and L.7.3, or losses recoverable under L.4. Those liabilities remain subject to the applicable lawful cap, except where L.2 prevents a limit. Nothing is recoverable twice for the same loss.
L.3.3 Subject to L.2 and L.4, our total aggregate liability to a Business Customer for all Claims allocated to a Liability Year is limited to the greater of:
(a) the fees paid by that Business Customer to us for EyeRent in the 12 months before the first Claim relating to that Liability Year; and
(b) £10,000.
L.3.4 The cap applies to Claims under or in connection with these terms, whether in contract, negligence or other tort, breach of statutory duty or otherwise, to the extent the law permits. It is one aggregate cap for the Liability Year, not a separate cap for each property, tenant or Claim. Fees means EyeRent subscription and add-on fees paid to us, excluding VAT and amounts collected solely for a separate provider's own service. A subscription payment is counted when paid, without excluding a prepaid period merely because the account has since closed.
L.4 Business Customers: data protection liability
L.4.1 A Data Protection Claim is a Claim between us and a Business Customer arising from breach of the DPA or either party's obligations under data protection law in connection with EyeRent. The Controller and Processor remain responsible for their own obligations. Claims under the DPA are subject to this liability section, as DPA clause 7 provides, and to the DPA's priority for data protection matters.
L.4.2 Each party is responsible for regulatory fines imposed on it, to the extent the law permits this allocation. This clause creates no indemnity for another party's fine, does not bind a regulator and does not limit an individual's compensation rights. It does not exclude otherwise recoverable compensation or reasonable incident response costs merely because a regulator also investigates the incident.
L.4.3 For Business Customers, our liability to you for Data Protection Claims is included in, not additional to, our aggregate cap in L.3.3 for the relevant Liability Year. It shares that cap with all other Claims against us for that year; there is no separate higher cap. Your total aggregate liability to us for Data Protection Claims allocated to that Liability Year is limited to an equivalent amount, calculated using the EyeRent fees you paid to us. L.2 and L.4.4 apply.
L.4.4 This shared data protection cap affects allocation between the parties only to the extent lawful. We remain responsible for our sub-processors as provided in DPA clause 4.3 and Article 28(4). Neither a cap nor a third-party exclusion removes our duty to perform our own data protection obligations. Consumers are not subject to L.4's business caps, and L.2 always applies.
L.5 Landlord responsibilities and information tools
L.5.1 EyeRent's reminders, EPC lookups, council licence records, templates and document centre content are information and record-keeping tools, not legal or tax advice or a guarantee that a property or tenancy complies with the law. You remain responsible for checking what applies to your property, acting by the relevant deadlines and meeting your duties, including gas and electrical safety, EPCs, deposits, Right to Rent where applicable, licensing and serving the correct documents. These tools do not appoint EyeRent as your letting agent, managing agent or tax agent.
L.5.2 For a Business Customer, we are not liable for fines, penalties, rent repayment orders or other losses arising from that customer not meeting those duties, except to the extent caused by our breach of these terms. Where our breach causes or contributes to the loss, our liability for that contribution is preserved, subject to L.2 and the applicable cap. A tool description is not a disclaimer of an express promise we make about its operation.
L.5.3 If you are a Consumer, the description of your responsibilities does not reduce our liability under L.8 or your statutory rights.
L.6 External services and CMeSign
L.6.1 Where available, EyeRent can link to or exchange information with separate services such as OpenRent, PropertyGoose referencing, HMRC and the EPC register. Those providers control their own services and records. Referencing results are the provider's; the decision on an application is the landlord's. A reference does not replace a Right to Rent check where one is required.
L.6.2 For Business Customers, we are not responsible for a separate provider's acts, outages or results to the extent they are outside our control and not caused by our breach. We remain responsible for our own integration, for performing our express promises with reasonable care and skill and for our obligations under the DPA, including responsibility for any provider acting as our sub-processor. This exclusion does not excuse our own transmission error, mishandling of records or omission in performing a promised action. Liability retained by this paragraph is subject to L.2 and the applicable cap.
L.6.3 CMeSign is operated by CME Group Ltd, the same company as EyeRent. It is not treated as an independent third party for excluding our liability. Our obligations for the signing service we supply remain ours, subject to L.2 and the applicable lawful cap. Any future separate provider is assessed by its actual role, not its brand name.
L.6.4 For Consumers, L.8 applies to our responsibility for the EyeRent service and any signing service we supply. A separate provider's terms do not remove remedies against us for our own breach.
L.7 Making Tax Digital: coming soon
L.7.1 Making Tax Digital is not available yet and cannot be bought or enabled until it is live. The following provisions apply only when we make the feature available and you choose to use it. The feature covers quarterly updates only. It does not prepare or submit your end of year tax return, and you complete that through HMRC or other software of your choice. You review and submit your own quarterly figures to HMRC. EyeRent does not check those figures or provide tax advice. You remain responsible for the figures, deadlines and your tax affairs.
L.7.2 For Business Customers, we are not liable for HMRC penalties or interest resulting from figures you reviewed and submitted, except to the extent caused by an EyeRent technical fault that changes the figures sent from those you confirmed. Liability for that technical fault remains subject to L.2 and the applicable cap.
L.7.3 This does not exclude responsibility for our breach of a separate express promise about transmitting your confirmed submission. For Consumers, neither paragraph restricts L.8 or statutory rights.
L.8 Consumers, including tenant users
L.8.1 Tenant accounts are free. If you are a Consumer, including a tenant user or a landlord using EyeRent wholly or mainly outside a business, we are responsible for foreseeable loss or damage caused by our breach of these terms or our not using reasonable care and skill. Loss is foreseeable if it is an obvious consequence or if you and we knew it could happen when the contract was made. This does not limit any further remedy provided by law.
L.8.2 Your landlord, not EyeRent, is responsible for your tenancy and the landlord's duties. We are not responsible for loss caused solely by your landlord's act or omission rather than our own breach. If our breach contributes to the loss, this does not exclude our responsibility for that contribution. The fact that a tenant account is free does not set our liability at zero or apply a fees-based cap to you.
L.9 Governing law
L.9.1 These terms and disputes arising from them are governed by the law of England and Wales. If you are a Consumer, this does not remove mandatory protections available under the law of the part of the UK where you live or restrict any right to bring proceedings in your local courts.
L.9.2 The courts of England and Wales have exclusive jurisdiction for Business Customers. Consumers can bring proceedings in the courts of England and Wales or, if they live in Scotland or Northern Ireland, their local courts. We will bring proceedings against a Consumer only in a court permitted by the rules protecting that Consumer.
M. Complaints and notices
M.1 General complaints and service questions go to privacy@eyerent.co.uk or our registered office. Data complaints can go directly to privacy@eyerent.co.uk. We aim to acknowledge a complaint within 5 working days and give a substantive reply within 20 working days; if more time is needed, we explain why and provide an update. These targets do not extend statutory deadlines or limit a right to use courts or the ICO.
M.2 We try to resolve complaints fairly and explain any available independent complaint or dispute route at the appropriate time. We do not require arbitration or payment to complain. If a complaint remains unresolved, we provide any alternative dispute resolution information and participation statement required by applicable law. This clause does not claim membership of an unconfirmed scheme.
M.3 We send important contractual notices to the email recorded on the account and can also display them in the account. Material-change and order confirmations are supplied in a form you can keep. Keep your contact details current; we do not deem a bounced or inaccessible message received merely because it was sent. You can give notices by the account controls provided, email to the general contact or post to the registered office. Consumer cancellation follows E.2 and is not subject to a special delivery requirement. This paragraph does not govern service of court documents.
N. Events beyond reasonable control
N.1 If an event beyond our reasonable control prevents performance despite reasonable precautions, we will tell you, take reasonable steps to reduce its impact and restore the affected service. This does not excuse inadequate security, backup planning, ordinary resource shortages or another breach within our control, nor remove DPA or consumer obligations.
N.2 You do not pay for a service we cannot supply during the affected period. If disruption materially prevents your use for 30 consecutive days, you can end the affected service without a termination charge and receive the unused prepaid balance, with secure export or return as soon as practicable. These rights are additional to any earlier statutory or breach remedy.
O. General provisions
O.1 Assignment. You can ask to transfer an account to a lawful successor or replacement agent, subject to appropriate identity, authority and data controls. We do not unreasonably refuse a suitable transfer. We can transfer our contract to a successor that can meet its obligations, with at least 30 days' notice of a material transfer where practicable. We do not reduce your guarantees or consumer rights through transfer; if your position is materially harmed, you can end without charge and obtain the unused prepaid balance and export. A contract transfer does not displace DPA sub-processor or transfer requirements.
O.2 Entire agreement. These terms and the documents and confirmed order incorporated by A.4 record the account agreement. For Business Customers, they replace earlier discussions on that subject. Nothing excludes fraud, fraudulent misrepresentation, liability that cannot lawfully be excluded, binding consumer pre-contract information or other statutory rights. No statement here overrides the DPA's protections.
O.3 Severance and waiver. If a provision is unenforceable, the remaining provisions continue so far as they can lawfully operate. This does not authorise rewriting an unfair consumer term to the consumer's disadvantage. A delay in exercising a right does not alone waive it.
O.4 Third-party rights. Except where law provides otherwise, a person who is not a party cannot enforce these account terms under the Contracts (Rights of Third Parties) Act 1999. This does not limit an individual's data protection rights, a tenant's rights under their tenancy or another statutory right.
O.5 Law and courts. L.9 governs law and jurisdiction. England and Wales courts apply for business disputes; Consumers in Scotland and Northern Ireland retain their local courts and mandatory protections. No part of these terms creates an employment or general agency relationship between you and us.