1 Definitions
The following terms shall have the following meanings:
- "Agreement" means the terms and conditions
set out below.
- "We" "us" means the officers
of Rebanks Consulting Limited.
- “thehomingpigeon” means the website
of Rebanks Consulting Limited.
- “Retaining fee", "Retainer
fee" means the fee payable before we begin work for you.
- "Fee" means the sum of the basic
retaining fee plus those fees payable upon completion as set out
in ‘Why should you trust us and what will it cost?’.
- “Contract letter” means the letter
we will send to you spelling out the services you have instructed
us to carry out, and once this has been signed by both parties
this will constitute our legally binding contract.
- “Required services” “service”
means those tasks we agree to perform for you as set out in the
contract letter.
- "You" "your" "the
client" means the person or business entering into this Agreement
with us.
- "New client" means someone paying
us a fee for the first time.
2 Service
2.1 On receipt of the basic retaining fee and our signed contract
letter we agree to search for, and assist in the purchase of, suitable
properties for you, or perform other agreed services.
2.2 We will carry out the services agreed upon to the best of our ability and with good faith that we are performing to the highest possible service standards.
2.3 We will keep you informed of our progress via the media you prefer at regular intervals.
2.4 In the event that we are unable to carry out the required services
for any reason we will make you aware of this. If the work is undertaken
in good faith but cannot be carried out we reserve the right to
terminate the contract by refunding the retaining fee and notifying
you.
2.5 We reserve the right to choose which clients and what tasks we accept.
3 Commencement and Duration
3.1 By signing the contract letter you confirm your acceptance of
this Agreement.
3.2 After speaking to you and recording your service requirements,
we will send you a letter detailing the work we will carry out for
you and the fee required. Both parties will keep a signed copy of
this letter as a legally binding contract. Upon the payment of the
basic retaining fee the contract will become binding and we will
commence working for you at the agreed time.
3.3 Though we will happily work for an indefinite period for our
clients, legal prudence requires that we cover ourselves in the
event that we enter into a binding contract with a rogue customer.
Therefore, the payment of the basic retaining fee legally binds
us only to work for clients for up to 12 weeks from the commencement
date. We will, at our discretion, continue working for clients beyond
this minimum period at no extra fee until the search is successful.
3.4 You will pay one fee per property - clients purchasing multiple
properties may receive a discount at our discretion. Clients who
purchase more than one property as the result of work carried out
by us to find one property will be liable to pay us a further retaining
and success fee for the second property and all others that result
from our work.
4 Payment
4.1 You agree to pay the basic retaining fee to Rebanks Consulting
Limited before any work is undertaken.
4.2 You agree to pay us any final fee as set out in our contract
letter following a purchase if such a fee was agreed between us.
If our final fee is due upon the purchase of a property as a percentage
of the purchase price then under our agreement you are obliged to
inform us of the final purchase price. It will be deemed a breach
of this contract if you purchase a property as a result of our services
but attempt to do this without informing us of the fee due, or misrepresent
the purchase price. Such final fee payments will be regarded as
a legitimate result of our Agreement.
4.3 Any property that we introduce you to, whether it be for rental
or purchase purposes, that results in you renting or purchasing
will entitle us to our fees, even if you rent or buy that property
up to six months after the end of our relationship.
5 Limitations and Liability
5.1 We shall not be obliged in any way to secure the acquisition
of any property for you and therefore the provisions of the Estate
Agents Act 1979 shall not apply to this Agreement.
5.2 In the event that we do not find a suitable property, or are
unable to carry out the required services to completion, despite
our best efforts, we shall not be liable to refund the Fee.
5.3 We accept no liability for any decisions made by our clients
regarding property purchases. You, the client, will make the decisions,
and will thus accept the liability of your own actions.
5.4 You are advised to seek professional advice to verify the state
and condition of any such property.
5.5 Any professional service providers recommended by us are done
so in good faith. We accept no liability for any advice or product
sold by such professionals, clients must satisfy themselves that
these specialists and their services are suitable, correct and necessary.
5.6 All information provided by us is prepared in good faith and
is solely for your guidance. This material does not form part of
any contract relating to the purchase of any property. You must
satisfy yourself as to the correctness and accuracy of any details
provided by us.
5.7 The services provided by us are not a substitute to appropriate
professional advice from solicitors, surveyors, valuers and other
specialists. We accept no liability for any defects in legal title
or in the condition and structure of any property.
6 Termination
6.1 You may terminate this Agreement at any time by giving us notice in writing.
6.2 You will not be entitled to any refund of the Fee on such termination provided that we have attempted to undertake the service required in the period promised.
7 Data Protection and Privacy Policy
7.1 We will not pass your personal information to any third party, except as required to do so by law.
7.2 By providing us with your contact details you give us permission to contact you with information that will help to realise your objectives and us to carry out our services. We will strive to contact you at the time, and by the media, you require, though we may, in emergencies, have to contact you by other media. By signing and returning the contract letter you agree to this.
7.3 You may at any time amend your personal details by sending the details to us by e-mail or in writing by post.
7.4 We will not contact you at a future date with information unless we receive your express permission to do so.
8 General
8.1 This Agreement is a private matter between Rebanks Consulting Limited and you. No part of this contract should be made public without written consent from us.
8.2 We retain the right to sub-contract or otherwise deal with any of the services we agree to perform for you as set out in this Agreement.
8.3 The provisions of this Agreement shall be construed separately, applying and surviving even if for any reason some provisions are held inapplicable or unenforceable in any circumstance and shall remain in force notwithstanding the termination or expiry of this Agreement.
8.4 Though we may choose, at our discretion, to show forbearance in regard to the rules, conditions and terms of this Agreement this will in no way diminish or restrict our rights or powers under this Agreement and will not be deemed a waiver of any part of this Agreement.
8.5 This Agreement together with the contract letter will act as the sole contract, commitment, and warranty between you and us. It will supersede and invalidate any other previous agreements made either orally or in writing between the parties.
8.6 This Agreement shall be governed by English Law.
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