Terms & Conditions
| SAM Conveyancing 19 Silwood Road Ascot Berkshire SL5 0PY T: 0207 112 5388 | |
Who is my Solicitor?
The service is undertaken by one of our panel solicitors. By accepting these terms you consent to us providing them with your personal details to provide the service to you. We will tell you who we have paired you with, after you instruct. The solicitors will provide you with their own Terms and Conditions following your completion of this form.
Scope of work
Included within the deed:
- Declaration of trust confirming how the beneficial interest is held between the joint owners. In our standard deed, you can either hold the beneficial interest in a fixed share, for example, 50:50 or you can be repaid the equity/deposit you paid and then share and gain or loss in a fixed share, for example, 50:50. If you want to share income based on contributions to the property over the life of the ownership then look at our Floating Deed of Trust
- Lists the names of all legal and beneficial owners
- Explains how to share rental income
- Mechanism for transferring beneficial interest between parties
- States the individual contributions towards outgoings
- Maintenance obligations
- Explains how to sell the property in the future
This is a standard document drafted by a solicitor that includes clauses as stated above. If you wish to add any additional clauses or tailor the deed then our solicitor can help and will agree an additional fee with you for doing this. We will charge extra for Material changes to the original intentions. We will draft the deed of trust based on your intentions and offer one free revision. Should you look to change your intentions, supply incorrect details or you require a bespoke service then our solicitor will charge for this work on an hourly basis.
Points to Note:
- The deed cannot be backdated.
- This scope does not include registration of any notices or restrictions at HM Land Registry unless you have paid for the service to register a restriction. If you wish to instruct us to do that, please get in touch.
- The title to the legal estate will not change. Depending on the revisions made, it may only be the entitlement to the beneficial estate that will change. However, as one of the Parties may acquire an interest in land, stamp duty land tax (SDLT) or land transaction tax (LTT) will be payable by reference to any chargeable consideration given for it. You are required by law to declare and pay any stamp duty land tax applicable to the transaction. You should therefore speak to a specialist tax adviser before instructing the Deed. Parachute Law are not specialists in tax law and cannot give you tax advice.
PLEASE READ THESE WEBSITE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
1.1. These terms tell you the rules for using our website www.samconveyancing.co.uk (our Site).
1.2. By using our Site, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our Site. You may wish to print or save a copy of these terms for future reference.
2.1. www.samconveyancing.co.uk is a site operated by SAM Conveyancing (a trading name/style of Share a Mortgage Ltd company registered in England and Wales under company number 08798475) (We, Us or Share a Mortgage). We have our registered office at 19 Silwood Road, Ascot, Berkshire, England, SL5 0PY.
2.2. To contact us, please email help@samconveyancing.co.uk or telephone our customer service line on 0333 344 3234.
2.3. The introduced services through our website are provided by trained and regulated service providers (Service Providers). We introduce you to a select panel of Service Providers who you can choose to contract to perform the service for you. Please read the Terms and Conditions for each Service Provider as follows:
2.4. These Website Terms and Conditions and the Service Providers’ Terms and Conditions constitute the entire agreement between you and Us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
2.5. We assume no responsibility or liability for any of the products or services provided by the Service Providers listed on this Site or introduced by Share a Mortgage.
2.6. Should you decide to appoint any of the Service Providers to work for you; the contract will be directly between you and the Service Provider on their terms and conditions. Share a Mortgage has no contractual involvement and will not be liable in contract, tort, or otherwise for the products and services provided to you by these organisations.
3.1. These terms of service refer to the following additional terms, which also apply to your use of our Site:
4.1. We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
5.1. We may update and change our Site from time to time to reflect changes to our products, our users' needs and our business priorities.
6.1. Our Site is made available free of charge.
6.2. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons.
6.3. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of service and other applicable terms of service, and that they comply with them.
7.1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
8.1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
8.2. We have the right to disable any user identification code or password, whether chosen by you or allocated by Us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of service.
8.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at help@samconveyancing.co.uk .
9.1. We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.2. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
9.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
9.4. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged (except where the content is user-generated).
9.5. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from Us or our licensors.
9.6. If you print off, copy, download, share or repost any part of our Site in breach of these terms of service, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made (except that you are permitted to print off a copy of these terms of service).
9.7. The content of Our Site as contained in the articles, downloadable information and blogs (Content) made available is provided for guidance and information purposes only and is not to be construed as advice. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Share a Mortgage does not in any way recommend that the products and services available on this website are suitable for you in your particular circumstances.
9.8. Although We make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
10.1. Whenever you make use of a feature that allows you to upload or share content to our site, or to make contact with other users of our site, you must comply with the Acceptable Use Policy. You warrant that any such contribution complies with those standards, and you are liable to Us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage We suffer as a result of your breach of warranty.
10.2. Any content you upload to our site will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
10.3. We also have the right to disclose your identity to anyone who is claiming that any content posted or uploaded by you to our Site violates their intellectual property rights or their right to privacy.
10.4. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.
10.5. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
10.6. The views expressed by other users on our site do not represent our views or values.
11.1. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
11.2. We have no control over the contents of those sites or resources.
12.1. We do not guarantee that our Site will be secure or free from bugs or viruses.
12.2. You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.
13.1. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with our Site or any part of it.
13.2. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our site or any other equipment or network connected with our Site. You must not interfere with, damage or disrupt any software used in the provision of our Site or any equipment or network or software owned or used by any third party on which this site relies in any way. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
14.1. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Site or any services provided via, or in relation to, our site for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):
- Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our site or any data, content, information or services accessed via the same.
- Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.
14.2. The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).
15.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
15.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
15.3. You must not establish a link to our Site in any website that is not owned by you.
15.4. Our Site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
15.5. We reserve the right to withdraw linking permission without notice.
15.6. The website in which you are linking must comply in all respects our Acceptable Use Policy.
15.7. If you wish to link to or make any use of content on our site other than that set out above, please contact help@samconveyancing.co.uk.
16.1. When buying Content or documents from Us, the service is provided in full to you at the point the Content/document is made available to you via email, download or post.
16.2. You have the right to cancel your instructions to purchase Content or documents under Distance Selling Regulations 2000 any time up until you receive the Content or documents via email, download or post and a full refund will be issued to you without any deductions.
16.3. If you cancel your instructions after you receive the Content or document, this being the full delivery of the service to you, or if you tick a box confirming that you waive your rights under the Distance Selling Regulations 2000 and then change your mind, you will not receive any refund.
Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any Content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
- We only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.1. We will only use your personal information as set out in our Data Protection and Privacy Policy.
19.1. If you are a consumer, please note that these terms of service, their subject matter and their formation, are governed by English law. We both agree that the courts of England and Wales will have exclusive jurisdiction.
19.2. If you are a business, these terms of service, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
- 20
How to Make a Complaint
20.1. We hope you never need to, however if you ever feel the service provided by Share a Mortgage falls below what you expected then please email: help@samconveyancing.co.uk.
20.2. Within your email confirm the parts of the service that you felt weren't good enough and what you would have expected from the Share a Mortgage team. We will aim to handle any complaint as quickly as possible, which could be the same day, but at the latest within 10 working days.
20.3. If your complaint is about a Service Provider, such as a solicitor, surveyor, or mortgage broker, then please see the complaints procedure in the terms above.
20.4. Share a Mortgage does not provide legal, surveyor or mortgage services, so any complaint relating to those services is with the Service Provider.
Accepting our Terms of Business
By ticking the checkbox "I Agree to the Terms & Conditions" in our online forms, you are accepting these terms of service. If terms received by email, then please email
help@samconveyancing.co.uk stating "I Agree to the Terms & Conditions".
Updated: 06 June 2023
