Terms of business

1. Who we are
2. What the service is, and is not
3. Your account
4. Credits and free reports
5. Monthly plans
6. Prices, VAT and payment
7. Refunds
8. Using reports with your clients
9. Your data and your clients’ data
10. Acceptable use
11. Ownership and third-party data
12. Accuracy and reliance
13. Referral codes and the rent network
14. Availability and changes to the service
15. Our liability
16. Ending the agreement
17. Changes to these terms
18. General

1. Who we are

Evidata (evidata.property) is run by Bourne and Co Technologies Ltd (“we”, “us”), a company registered in England and Wales, company number 17295566, registered office Bourne And Co, 11a Front Street, Durham, United Kingdom. You can contact us at info@bournenco.com.

These terms are an agreement between us and you, the estate agency or individual agent who opens an Evidata account (“you”). By creating an account, buying credits or running a report, you agree to them.

Evidata is for people using it for their business. If you are signing up for an agency, you confirm you have the authority to accept these terms for it.

2. What the service is, and is not

Evidata collects property records and market data, uses software and artificial intelligence to draft an appraisal, works out the figures with fixed calculations, and produces a branded report, an evidence pack, a site visit guide and a draft covering email.

It is an evidence-based desk appraisal. It is not a RICS Red Book valuation, a survey, a mortgage valuation, legal advice, tax advice or financial advice. Nobody from Evidata inspects the property. Reports must not be described as any of those things.

The site visit guide lists things to check in person. It is a prompt for your own professional judgement. It is not a survey and does not replace one.

3. Your account

• You must be 18 or over and give us accurate details.
• You sign in with Google. Keep your sign-in secure. You are responsible for what happens under your account, including reports run by colleagues you let use it.
• Tell us straight away if you think someone else has got into your account.

4. Credits and free reports

• One credit produces one report. A credit is spent when you start a report.
• Free credits produce watermarked reports marked not for client use. You must not give a watermarked report to a client or use it to win an instruction.
• Paid credits produce reports with your agency’s name, logo and details and no watermark. Paid credits do not expire while your account is open. They belong to the account, cannot be transferred to another account or exchanged for cash, and cannot be used to pay for anything other than reports.
• If a report fails to complete because of a fault on our side, the credit is returned to your balance automatically. If you think a credit was lost without a report, contact us.
• We may add bonus or promotional credits. We can set conditions and an end date for these when we give them.

5. Monthly plans

• A monthly plan is a subscription. It renews every month on the same date until you cancel. The plan name, price and the number of reports you get each month are shown when you subscribe.
• Each month, when the payment goes through, that month’s reports are added to your paid credit balance. Unused reports carry over while the plan is active. If you cancel, you keep the reports already added.
• You can cancel at any time from the Billing page (“Manage subscription”). Cancelling takes effect at the end of the month you have paid for. We do not refund part months.
• If a payment fails, we or our payment provider may try again. If it still fails, we may pause or cancel the plan. Reports for a month that was not paid for will not be added.
• We can change plan prices or allowances. We will give you at least 30 days’ notice by email, and you may cancel before the change starts.
• You can only have one monthly plan on an account at a time. To change plan, cancel the current one and start the new one.

6. Prices, VAT and payment

• Prices are shown in pounds sterling and are the total you pay. At the date of these terms we are not VAT registered, so no VAT is added. If that changes, we will add VAT to prices from the date of registration and tell you first.
• Payments are taken by Stripe. We never see or store your full card details.
• We keep invoices and receipts on your Billing page.

7. Refunds

Because you are buying for your business, the statutory consumer cancellation rights do not apply. Even so, if you buy a credit pack and have not used any credits from it, ask us within 14 days of buying and we will refund it. We do not refund credits that have been used or part months of a monthly plan, unless the report failed because of a fault on our side (in which case you get the credit back, see section 4). Nothing in this section limits any right you have that cannot be limited by law.

8. Using reports with your clients

• You may share paid reports with the sellers and prospective sellers you are advising, in the course of your business.
• You remain responsible for the advice you give. The report is evidence to support your advice. Check the facts on the site visit and change your recommendation where you find something different.
• You must not tell clients that a report is a Red Book valuation, a survey, or that it guarantees a sale price or a time to sell. The probability and range figures are estimates.
• Where the report carries your agency’s branding, you are responsible for the brand details, logo and fee information you give us. You must have the right to use them.

9. Your data and your clients’ data

When you run a report, you give us information about a property and often about the seller (for example their name and email), plus any notes, links or documents you upload. You confirm that you are allowed to give us that information and that you have told the seller you are using it this way.

For that seller information, you decide why and how it is used, so you are the “controller” under data protection law and we are your “processor”. We only use it to run and deliver the reports you ask for, and as these terms and our Privacy notice describe. You agree that we may use the service providers listed in the Privacy notice to do this. Our Privacy notice explains how we handle the personal data of agents who use Evidata, and what happens to the data you give us. If you need a separate data processing agreement, ask us and we will provide one.

Please do not upload special category data (for example health information) or anything not needed to value the property.

10. Acceptable use

You must not:

• copy, scrape, resell, sub-license or republish Evidata, its data or its reports as a data product;
• reverse engineer the service, or try to get around credit, watermark or access controls;
• use free, watermarked reports with clients;
• use the service to break the law, to mislead sellers or buyers, or to infringe anyone’s rights;
• put load on the service that is unreasonable, or use automated tools to run reports in bulk without our agreement; or
• share your account sign-in with people outside your agency.

We can suspend or close an account that breaks this section.

11. Ownership and third-party data

We own, or are licensed to use, Evidata and everything in it, apart from your content. You get a non-exclusive, non-transferable right to use the service and paid reports for your own business, as set out here.

You keep ownership of your own content (your branding, notes and documents). You give us permission to use it to provide the service to you.

Reports include information from public and third-party sources, including HM Land Registry price paid data, EPC register data, property portal listings and official statistics. Some of it is published under the Open Government Licence, and some is licensed to us with restrictions. You may include it in a report you give a client, but you may not extract it from reports to build your own database.

12. Accuracy and reliance

We work hard to make reports accurate, and every report shows how sure we are and what we could not confirm. But property data is often incomplete or out of date, and parts of the work are done by artificial intelligence. Reports can be wrong, and sources can disagree.

The service is provided “as is”. We do not promise that a report is free of errors, that a property will sell at or near any figure, or that it will sell in any time. Treat each report as evidence to be checked, not as a final answer.

13. Referral codes and the rent network

Referral codes and the optional rent network have their own conditions, which are shown when you use them. If those conditions conflict with these terms for that feature, they apply to that feature. Taking part in the rent network is optional and you can stop at any time, as the rent network terms explain.

14. Availability and changes to the service

We aim to keep Evidata running but do not promise it will always be available or uninterrupted. It depends on third-party services we do not control. We may improve, change or remove features. If we withdraw the whole service, we will give you reasonable notice and refund the price you paid for any unused paid credits.

15. Our liability

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else the law does not allow us to limit.

Subject to that:

• we are not liable for loss of profit, loss of instructions or fees, loss of business, loss of goodwill, or any indirect or consequential loss;
• we are not liable for loss caused by you relying on a report without making your own checks, or by advice you give to a client; and
• our total liability to you for all claims in any 12-month period is limited to the amount you paid us in that period, or £100 if you have not paid us anything.

16. Ending the agreement

You can stop using Evidata and ask us to close your account at any time. We can suspend or close your account if you break these terms, if we reasonably suspect misuse, or if the law requires. If we close your account without it being your fault, we will refund the price paid for any unused paid credits. When an account closes we will delete or anonymise your data as the Privacy notice describes. Sections that by their nature should continue (for example 8, 11, 12 and 15) will do so.

17. Changes to these terms

We may update these terms, for example when we add features or the law changes. We will tell you about important changes by email or on the site at least 30 days before they start. If you keep using Evidata after that date, you accept the new terms. If you do not agree, you can close your account before then.

18. General

• These terms, with the Privacy notice, are the whole agreement between us about Evidata.
• You may not transfer your rights under them without our written agreement. We may transfer ours to a successor of the business.
• If a part of these terms is found unenforceable, the rest stays in force.
• If we do not enforce a right straight away, we have not given it up.
• We are not responsible for delay or failure caused by things outside our reasonable control, including failures of internet, hosting, payment or data providers.
• Nobody else has the right to enforce these terms.
• English law applies, and the courts of England and Wales have jurisdiction, unless you are a business based in Scotland or Northern Ireland, in which case you may use your local courts.

Questions about these terms: info@bournenco.com.