DIGS Student Accommodation Terms and Conditions
Information about South Street and our Website
Modern information and communication technologies play a fundamental role in the activities of South Street. South Street is made up of a number of related companies whose principle activities are property asset management and in particular the provision of student accommodation. Ubrique Investment Ltd are the property owners and have appointed 'South Street' as its managing agent. We are committed to protecting the privacy of those using our site and the confidentiality of the personal data with which our subscribers provide us. We are registered under the Data Protection Act 1998 and comply with the Act in all our dealings with your personal data.
This policy relates to all personal data collected from you when you register or use the site. The policy does not apply to any other websites or organisations to which our website provides a link or an advertisement.
What is personal data?
Personal data is anything which can be used to identify you.
What personal data may be collected?
We collect personal data from the registration process or at any other point of communication. This data assists us in providing a range of products and services associated with the provision of student accommodation. This information may include your:
- Name and address
- Date of Birth
- Guarantor details
- Details of your University / College course
- Accommodation preferences
- Bank account and / or credit & debit card details
In providing personal data you are indicating that you consent to the use of the data for the purposes provided below and in line with this policy. You should not provide us with data regarding your Guarantor/Referee if you have not obtained their consent.
What do we do with your personal data?
The personal data you provide will be used in order to allow us to provide (and continue to provide) you with a particular service and/or product associated with the provision of student accommodation which may include any of the following:
- Confirming or updating your registration with us
- Sending information about our properties and/or services
- Reserving a room
- The operation of a tenancy agreement and / or contract
It may also be used to keep you updated as to any changes we consider you need to be made aware of for example:
- Changes to our terms and conditions
- Enhancement to the website
- Changes to our products or services
- Information regarding property management
We may also need to use your personal data in order to enable us to comply with our legal and regulatory obligations and detect any criminal or illegal activity.
When inputting your personal data online you will have the opportunity to state that you do not wish us to use your information for certain purposes including:
- Providing feedback
- To allow us to carry out research in relation to our business
- To update you about new products and services
- To pass your details to third parties
Wherever we request personal data in relation to your bank account or debit or credit card this will only be used for the specific purpose for which it is provided. Where we ask you to provide any personal data which is sensitive (such as racial or ethnic origin, religious beliefs or physical or mental health), this will not be disclosed to anyone without your express consent.
If you are aware that the data you have provided becomes incorrect, inaccurate or is no longer applicable please notify us as soon as possible by contacting the Accommodation Office in order that we can update your personal data.
- Technical administration of the site
- Research and development
- Customer administration
Disclosure and Retention
We may disclose the personal data you provide to companies within South Street where necessary. In the absence of a legal obligation, personal data that you provide will only be retained for the length of time required in order to fulfil the purpose for which it was provided. We will never sell your personal data to third parties.
Confidentiality / Security
We have implemented security policies, rules and technical measures including encryption technology in order to protect the personal data that we hold from:
- Unauthorized access
- Improper use or disclosure
- Unauthorized modification
- Unlawful destruction or accidental loss
All our employees and data processors, who have access to, and are associated with the processing of personal data, are obliged to respect the confidentiality of our service users' personal data.
Access to the personal data we may hold about you
You can ask us whether we are keeping personal data about you and to have a copy of the personal data that we are holding about you.
Should you wish to make such a request please contact the Accommodation Office. There may be an administrative charge payable before the information can be released to you of £10 and this request must be put in writing.
The Licence Agreement is a formal document. Please make sure you read and understand it before signing the Licence Agreement. By signing you agree to abide fully by these terms and conditions which include paying for the full period of residency. Non payment of your deposit does not exclude you from these terms and conditions. Ubrique Investments Ltd are the property owners and have appointed 'South Street' as its managing agent to collect all sums due under this agreement.
If there is anything which you do not understand please ask the Accommodation Office.
The Licence Agreement refers specifically to the rental rates and the periodicity as set out within the agreement. The full charge stated for accommodation entitles you to residency during the length of the Licence Agreement.
By signing this Licence Agreement; you are agreeing to be bound by its term for a room.
You shall not be entitled to terminate this agreement which shall in any event end on the tenancy agreement end date detailed below. You undertake to remain in occupation of the allocated room throughout the said academic year and make all payments required.
The Licence Agreement is a legally binding Licence Agreement and the Resident should, if unsure about their position, seek independent legal advice.
The agreement contains the terms and obligations of your contract. It sets out the promises made by the Landlord to the Resident and by the Resident to the Landlord. These promises will be legally binding once the Agreement has been signed by both parties and then dated. You should read it carefully to ensure it contains everything you want and nothing that you are not prepared to agree to.
This Licence Agreement is a legal and binding contract whereby the Resident is responsible for payment of the rent for the entire agreed term.
There is no provision within this agreement to terminate the contract early, however should a Resident's circumstances change the only option available with permission of the Landlord is the re-let process.
In this event the Resident is held liable for all rent under the agreement until the term period has expired OR a new student is found, application completed, new Licence Agreement signed and upon receipt of cleared funds due under the new agreement (whichever is sooner).
Please refer to the Licence Agreement for full details relating to the terms and conditions of the accommodation.
Length of contract
The length of the contract at Storthes Hall Park student accommodation is 43 weeks, commencing 14th September 2013 for the academic year 2013/14.
How to Pay
There are two methods of payment available:
DIRECT DEBIT: Our preferred and recommended method of payment is by direct debit*.
3 termly = October, January and May (3 equal payments).
The Direct Debit dates will always, where possible, coincide with your student loan payment dates. A pre payment of £300 is to be made in August, prior to a room being allocated to you. This can be paid by cash, cheque, debit or credit card (credit cards incur a 2% charge, debit cards incur a 20p surcharge).
*Please note that this option is only available for all home and EU students. PAYMENT IN FULL: For UK and EU students can be made prior to or on arrival. Non-EU students must pay their rent in full prior to arrival.
We do not accept American Express and there is a 2% surcharge on payments made by Credit Card and a 20p surcharge for use of debit cards.
Possible additional charges (if applicable):
- Room change fee (subject to availability) - £30.
- Administration fee for any amendment to the Direct Debit Mandate - £25.
- Charges can be added to your account for breach of contract.
- Malicious damaged will be charged on top of your standard fees to cover the cost of repair works.
- Late payment charges / bounced cheques.
- Parking Permit. There are 300 parking spaces available at Storthes Hall Park. A yearly permit of £50 is applicable.
Deposits are only refundable so long as all fines and accommodation fees have been paid and no damage has been caused to both the room and communal area. Deposits are forfeited if accommodation instalments are not paid in accordance with the payment plan. The deposit will be refunded after the academic year has finished. This is a lengthy process and it is anticipated that refunds will be issued in mid to late August.
Cancellation and Refund Policy
The Company is not obliged to release any Resident who wishes to cancel or terminate the Agreement, but if the Company does accept such cancellation or termination it will charge the Resident a cancellation fee.
Unless you have already moved into the accommodation, you may cancel your Agreement (by giving us written notice of cancellation), at any time during the period ending on the date 7 days after the date you signed the agreement. If you cancel the Agreement in those circumstances, we will make no charge and will refund you the booking fee and deposit in full. However, once you move into the accommodation or the Agreement is signed face to face with a representative of the Company, you lose any right to be released from the Agreement, other than in circumstances set out in paragraph 5 below.
Outside the Initial Cancellation Period, but before the Final Cancellation Date, you may cancel your Agreement (by giving us written notice of cancellation), on payment of a £150 cancellation fee. The Final Cancellation Date is 90 days prior to your Agreement starting.
If, after the Final Cancellation Date, you would like to be released from your Agreement and you have found a replacement student to take over your residency prior to your contract start date, we will release you from your Agreement on payment of a £150 cancellation fee. Your deposit will then be refunded to you.
If, after the Final Cancellation Date, you would like to be released from your Agreement but you have not found a replacement student to take over your residency prior to your contract start date, then, subject to paragraph 5 below, you will remain liable for the full contractual rent.
If a replacement student is found by you or ourselves part way through your residency, we will release you from your Agreement, from the date the new student takes occupancy, upon payment of a £150 cancellation fee. Your deposit will then be refunded.
Please note that South Street will only attempt to find a replacement student for you once full occupancy has been achieved for the accommodation sites.
DIGS cancellation procedure
The cancellation procedure is as follows:-
The company has no obligation to release a resident from their contract. By applying for cancellation you are not guaranteed to be released from your obligations in accordance with the Licence Agreement. Based on the reason for your request for cancellation, the Company Management would review the request and the decision is at their discretion.
You would be bound to the full contractual obligations until a replacement student is found.
When you apply for cancellation your name is added to the bottom of the cancellation list. The first person on the cancellation list will be the first to be released if a replacement is found. However if you find a replacement student for your room yourself then you will be released before anyone on the cancellation list. The account has to be kept up to date at all times - only students whose accounts are kept up to date will be considered for release if a replacement student is found.
A cancellation fee of £150 is payable if a replacement student is found and you are released from your Contract.
There is no guarantee that anyone will take over your contract and you would therefore have to pay for the room until the end of the contractual agreement. In this case, if accommodation costs are paid on time and in full the £150 deposit will be returned minus any charges for damages caused (if any).
Please bear in mind that the room you were originally allocated may be used to accommodate movement of current residents on site and you could be allocated into a different room.
It is recommended that students applying for cancellation return the keys for their accommodation. If the key is not returned please bear in mind that should there be any fines or damages attributable to the flat/house then the cost will be apportioned between the occupants and a charge made to the accommodation account of all key holders.
If you have any queries regarding your cancellation request please contact one of the team in the Accommodation Office on 01484 473104/472780.
Notwithstanding the provisions of your licence agreement it is hereby agreed that the ‘Final Cancellation Date’ referred to in Clause 4 of this agreement will be changed to 31st August 2013*. All other terms and conditions of the agreement remain the same.
(This amendment only applies to 1st Year Students who noted the University of Huddersfield as their first UCAS choice and do not get a place at the University of Huddersfield. Please note proof will be required of failure to obtain a place at the University of Huddersfield on request of cancellation.)