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Terms and conditions

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Standard Terms of Business

Introduction

This document sets out the terms on which we accept instructions and charge for our services as qualified in our Letter/Terms of Engagement. Our aim is to provide you with high quality professional services tailored to meet your requirements in a friendly and cost effective manner and to develop a close and long-term working relationship with you.

Contracting Parties

Your contract is with Whitespace Commercial Property Limited.

Persons Responsible for Work

In our Letter/Terms of Engagement, we will confirm to you the person responsible for your work, and the agent/professional (if different) unless they are known to you from previous dealings. We will tell you if there is to be any change.

Charges

Fees will be charged as set out in our Letter/Terms of Engagement. Unless otherwise agreed in writing, we will charge for our services and expenses monthly. Expenses incurred on travel and subsistence, and on goods and services purchased on your behalf, will be charged at cost.

If the terms are varied during the course of the instruction, additional charges may be payable.

All fees and expenses for services supplied in the UK are subject to VAT at the prevailing rate. Where we charge on a time basis, our fee rates are reviewed on 1 January each year. Any increase will apply automatically from that date.

Payment

Unless otherwise specified in our Letter/Terms of Engagement, invoices will be payable on the date rendered. It is not our practice to send statements. We reserve the right to charge interest on unpaid invoices at an annual rate of 4% over the base rate ruling on the date of the invoice. Unless otherwise agreed between us in writing, each and every party (whether an individual firm, partnership, company, or any other legal entity) whose interests we represent while acting in accordance with your instructions will be jointly and severally liable for the payment in full of all of our fees, expenses, and VAT. This applies irrespective of any agreement reached between you and any other party as to how our fees are to be paid or to whom we address or you ask us to address our invoices and other communications.

Confidentiality

Information passed to us will be kept confidential and will not be disclosed to third parties except as authorised by you, in writing, or as required by law. If, on your authority, we are working in conjunction with other professional advisers, unless you instruct us otherwise we may disclose any relevant aspect of your affairs to them.

Limitation of Liability

Unless otherwise agreed between us in writing, our total liability in respect of any breach of contract or breach of duty, fault, negligence or otherwise, shall be limited to £1 million to cover claims of any sort whatsoever made by you (including interest and costs) arising out of, or in connection with, any engagement. This provision shall have no application for any liability for death or personal injury or any other liability which we are prohibited by law from excluding or restricting.

Contracts (Rights of Third Parties) Act 1999

A person who is not a party to the agreement covered by these standard terms of business has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of the agreement, including those set out in the standard terms of business, but this does not affect a right or remedy of a third party which exists or is available apart from that Act.

Accidental Disclosure of Information

In the event that third parties obtain confidential information about your affairs by means of intercepted post, e-mails, facsimiles or telephone conversations, we are not to be held responsible. Whilst we implement systems to maintain security and confidentiality of these services, such security cannot be guaranteed.

Legal Documentation

We do not accept responsibility for the drafting or the preparation of documents which are the responsibility of a solicitor or other legal/professional advisers. Where required, we will comment without any acceptance of liability on such matters about which we are expected to have knowledge.

Other Services

Our duties are limited to those set out in the Letter/Terms of Engagement, which incorporate and accompany these Terms. We will be pleased to provide additional services on terms to be agreed.

Intellectual Property Rights

Subject to any rights of third parties such as Ordnance Survey and unless otherwise agreed in writing, we shall retain ownership of copyright in all original works prepared by us for you including all plans, maps, drawings, models, specifications, photographs and all other records, documents, reports or presentational materials. Subject to the payment in full of all fees payable by you to us, we hereby grant to you a personal, non-exclusive, non-transferable licence to use such works and to make copies for private use PROVIDED THAT such use or copying is necessary for the purpose for which the works were originally produced. All associated know-how shall reside with us.

Disclosable Interest

In matters involving the sale of land or property, we will disclose to you, and any person with whom we negotiate, any interest we may have in the land or property, the subject of the sale/purchase, or in the proceeds of the sale. Such interest can arise in many different ways – for example, through any connections we may have with you or any member of your family or any business or company with whom you and/or we may have connections. Accordingly, please notify us in writing of any such connections of which you are aware.

Validity

Any proposals issued by us are valid for 28 days from the date of issue, unless otherwise indicated.

Money Laundering Regulations 2007 and Proceeds of Crime Act 2002

Whitespace Commercial Property Limited will require evidence of identity, will report suspicious transactions and retain evidence and records for at least 5 years. Whitespace Commercial Property Limited does not accept any liability for losses following directly or indirectly from the compliance with these statutory obligations.

Data Protection

Throughout the conduct of this matter, and after it has been completed, any processing of personal data will be done by us in compliance with the Data Protection Act 1998 (“DPA”). In particular, we shall comply with the eight Data Protection Principles as defined in the Act. For the purposes of the DPA the Data Controller in relation to any personal data you supply is Whitespace Commercial Property Limited. Information received from you may be used for administration and compliance purposes, and for marketing other services of the firm in which you may be interested. In accordance with the DPA, you are entitled to request a copy of the information we hold about you. We may charge a fee for complying with this request. If you become aware that the personal information we hold about you is inaccurate, you may ask that we amend it. If you have any enquiry in relation to personal data kept by us, or if you do not want your information to be used for marketing our services, please notify us.

Problems/Complaints

Should you have any problems with our service we will make every effort to deal with the problem quickly and efficiently

Termination

The contract may be terminated immediately by either party in the event of the other going into liquidation or having a Receiver or Administrator appointed over all or part of its assets, or being the subject of any other formal insolvency procedure. In the event of either party being in material or fundamental breach of any of the terms of this contract, the other may immediately terminate the contract if the breach is incapable of remedy; or if it is capable of remedy, the aggrieved party shall serve on the other seven days' notice requiring such breach to be remedied and, if such breach is not remedied within the seven-day period, the contract shall automatically terminate.

Any notice to be given shall be given to you at your principal place of business or contract address, and to us at the office which has been responsible for the work under the contract.

Commission

If we receive commission from a third party in relation to a matter which we are handling for you, we will tell you accordingly.

Papers Held

On completion of a matter and payment of our fees, we will return to you, at your request, any documents provided to us for the purposes of that matter and any other papers to which you are entitled. We cannot undertake to retain files for any specific period of time, but will generally endeavour to keep all files for a minimum of six years, and after expiry of that time the files may be destroyed without further reference to you.

Applicable Law

Our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English Courts.

01 January 2012

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Contact image 109a Hamilton Road
Felixstowe
Suffolk
IP11 7BL

01473 209222
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