Terms of Business

Download Terms of Engagement

These General Terms of Business have been prepared in order to clarify the basis upon which we will act for you. They apply to all services provided by Ihcs Ltd. They are to be read in conjunction with any other correspondence from us confirming the basis upon which your particular instructions are accepted ("Appointment Correspondence"). Any such additional terms will be sent to you before your instructions are confirmed/accepted. The General Terms of Business and Appointment Correspondence will govern the contract ("The Contract") between you and Ihcs Ltd. The Contract will apply unless varied in writing

 

Our relationship with you

  • When we refer, in this document and elsewhere, to "Ihcs", "we", "our" and "us", we are referring to Ihcs Ltd. We use the word "director" to refer to a member of Ihcs Ltd. No reference to a "director" is to imply that any person is carrying on business with others in directorship.
  • Your relationship is solely with Ihcs Ltd. No member, employee, agent or consultant of Ihcs Ltd will have any personal legal liability for the work that we undertake for you. Individuals signing letters, reports and other documents in their own names do so as representatives of Ihcs Ltd, without assuming any personal legal liability.
  • Reference to papers and documents includes any written communication, however transmitted, on our stationery or from an ihcs' email account. We do not accept responsibility for the contents of emails from other accounts.
  • Our work for you is confidential to you and may not be passed on to or shared with others without our prior written consent. We accept no responsibility to anyone other than you, our client, for the work that we undertake for you. In the absence of express agreement to the contrary, no term of The Contract is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not party to it.
  • If you provide information and documentation to us, then we must rely on you for its accuracy. We will not be liable for any errors or losses arising from false, incomplete or misleading information or documentation that you have supplied.
  • On completion of our work for you, we will usually store the papers relevant to your instruction, on the understanding that we have authority to destroy the file 12 years from the date on which our final fee invoice was issued.

 

Responsibility for work

  • If we engage other professional advisors on your behalf, whether within or outside the UK, we do so as your agent.  Their fees shall be for your account in addition to our own fees and, unless we have otherwise agreed in writing, we accept no responsibility for their work.
  • We may from time to time refer work to a firm with which we are in association.  We will advise you clearly where this is the case.  You accept that the appointment in respect of such advice is directly between you and any firm we are in association with and that Ihcs Ltd has no liability to you (in contract, tort (including negligence) or otherwise) for the referral or any such work undertaken.
  • Where we refer work to a firm with which we are in association with, unless you advise us otherwise, you agree that we may use our discretion and disclose information which you have provided to us (whether or not this information is confidential).
  • Where we refer work to another professional adviser or any firm we are in association with, we may receive a referral fee from them, in such cases, we shall let you have details of the referral fee and seek your consent.

 

 Fees

  • Fees will be as set out in the Appointment Correspondence
  • Unless specified otherwise in the Appointment Correspondence, in addition to professional fees you will be responsible for repaying any disbursements, including advertising, photocopying charges and out of pocket expenses, incurred on your behalf.  Where these sums are significant, we may ask for a sum on account before the costs are incurred, or for reimbursement immediately afterwards.
  • We do not pay interest on monies held on account of fees and disbursements.
  • We do not treat fees received in advance of completion of the appointment as client money.  It is not subject to the RICS client money protection scheme.
  • Invoices are payable on receipt.  In the event of non payment within thirty days of issue, we retain the right to charge interest on the amount outstanding at a rate of 25% above the base rate from time to time of Barclays Bank plc.  Additionally, there will be no obligation to carry out any further work for you on any matter until the outstanding amount has been paid.
  • If it is necessary to use solicitors or other parties to recover agreed fees, costs or charges, you agree to pay any reasonable costs incurred by us in that respect.
  • All fees, costs and charges are subject to Value Added Tax.
  • If you instruct us that a third party will be responsible for paying our fees, we will accept such an instruction only on the basis that you will pay our fees if they are not paid promptly (within 30 days of issue) by the third party.

 

Data protection

  • Ihcs Ltd complies with data protection legislation and we observe the confidentiality of our clients' affairs.
  • Information about you that we learn in the course of acting for you may be shared within Ihcs Ltd for the purposes of fulfilling your instructions, notifying you of matters that we consider might be of interest to you and for similar promotional reasons.
  • This does not affect your statutory rights under the Data Protection Acts 1984 and 1998.

 

Copyright

  • We retain copyright in and ownership of all documents, drawings, maps, reports, photographic and other records produced by us in connection with our work for you.

 

Complaints Procedure

  • In accordance with the Royal Institution of Chartered Surveyors' rules of conduct and disciplinary procedures, we have a formal procedure to deal with complaints from clients and others.  Details of this procedure are available from the Client Director who is handling your affairs, although we would normally expect that any difficulties arising can be resolved satisfactorily with the Client Director and that the formal complaints procedure can be avoided.

 

Applicable law and jurisdiction

  • Whether instructions are carried out within or out the UK, the Laws of England shall apply to The Contract and the English courts shall have jurisdiction.

 

Liability

  • The maximum amount of our liability in respect of the work that we do for you will be limited to the amount (if any) specified in the Appointment Correspondence.
  • If no amount is specified therein, our liability in contract, tort (including negligence) or otherwise will not exceed £1 million or (if higher) an amount equal to 10 times the agreed fee (excluding disbursements and VAT) charged by us to you for performing the service to which the claim relates, subject always to our total liability not exceeding £5 million.
  • These liability limits are total figures, regardless of the number of people who comprise our client for any one instruction.
  • These limitations would not apply to loss or damage caused by our deliberate and wilful default, or to damages for death or personal injury.
  • Claims may be brought only against Ihcs Ltd, and not (except for fraud) against Ihcs Ltd's individual members, employees, consultants or agents.
  • We will not be liable for any indirect consequential loss, damage, cost or expense of any kind.  We shall not be liable to you, or be deemed to be in breach of The Contract, by reason of any delay in performing any of our obligations therein if the delay or failure is due to any cause beyond our reasonable control.
  • Any alleged liability on our part is to take account of other parties' contributory negligence and legal responsibilities, regardless of those parties' ability to pay or liability limitations in their own terms of engagement.
  • Should you be declared bankrupt or be subject to a Receiving Order our contract with you will be terminated.

 

Regulation

  • When we take instructions from a new client, we may be obliged, under money laundering regulations, to ask for evidence of identity.
  • We may also be required, in some cases, to disclose information to governmental or other regulatory authorities.  For example, money laundering regulations require us to notify the Serious Organised Crime Agency if we suspect or have reasonable grounds for suspecting that our client or another person is using the proceeds of crime.  In that event, we may be precluded from seeking our client's consent to notify and/or from informing our client that notification has been made.
  • You have the right to cancel any instructions without obligation within 14 days of receipt of these terms of business.  By signing and returning this document you grant a waiver of these consumer rights.

 

Miscellaneous

  • No variation to these conditions shall be binding unless agreed in writing between the parties.
  • You acknowledge that in instructing Ihcs Ltd you have not done so on the basis of, and do not rely on, any representation, warranty or other provision not expressly provided for in The Contract.
  • If any provision of The Contract is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder of The Contract shall not be affected.

 

 

Ihcs Ltd is a limited company in England and Wales under the number 4608474, registered office and head office - Unit 1c Normanton Lane, Bottesford, Nottingham NG13 0EL.  Regulated by RICS.

 

Professional liability insurance

 

The contact details of our professional indemnity insurance underwriter and information on the territorial coverage of that insurance are available on request.

 

July 2017


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