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TERMS AND CONDITIONS:
Paul Hodge Properties “Everest Program”
Please read all these Terms and Conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you,
you must read these Terms and Conditions to make sure that they contain all that you want and nothing
that you are not happy with. If you are not sure about anything, please contact the office via email or
telephone.
Application
These Terms and Conditions will apply to the purchase of the services by you (the Client you).
We are Paul Hodge Properties a company registered in England and Wales under number 16010825
Registered office: 20 Wenlock Road, N1 7GU
Telephone number (020 8318 9257)
Email: paulhodgeproperties@gmail.com
These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be
bound by these Terms and Conditions.
Interpretation
Client: Means an individual receiving services or Projects
Agent: Paul Hodge Properties
Contract: means the legally binding agreement between you and us for the supply of the Services.
Delivery Location: means the Agent's premises or other location where the Services are to be supplied,
as set out in the Business Plan
Services means any Projects that we supply to you with the Services as set out in the Business Plan
Services
The description of the Services and any Projects is as set out in Business Plan and Service level
agreement (SLA)
In the case of Services, the Agent supplies the delivery of said services will require client’s acceptance
and sign off.
All Services are subject to due diligence from both parties and acceptance.
Changes to the Services which are necessary to comply with any applicable law or legislation must be
adhered to and both parties are responsible.
Client Responsibilities
You must co-operate with us in all matters relating to the Services, provide us and our authorised
employees and representatives with access to the premises as required, provide us with all information
required to perform the Services and obtain any necessary licenses and consents (unless otherwise
agreed).
Failure to comply with the above is Client default which entitles us to suspend performance of the Services
until you remedy it.
To ensure you have the funds available to complete each project as per the agreed Business Plan.
To ensure all required paperwork is completed in good time to assist the Project progression.
Basis of Sale
The description of the Services and any Projects in our website, social media, brochure or other form of
advertisement does not constitute a contractual offer to sell the Services or Projects.
When an Order has been made, we can reject it for any reason, although we will try to tell you the reason
without delay.
A Contract will be formed for the Services ordered, only upon the Agent receiving the FEE.
Any quotation or estimate of Fees/Schedule of works/or licenses is valid for a maximum period
of 30 days from its date, unless by mutual agreement,
No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made
after it has been entered into unless the variation is agreed by the Client and the Agent in writing.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Client where
we, the Agent and you the Client, enter the Contract at any of the Agent's business premises, and where
the Contract is not a contract (i) for which an offer was made by the Client in the Agent's and the Client's
simultaneous physical presence away from those premises, or (ii) made immediately after the Client was
personally and individually addressed in the Agent's and the Client's simultaneous physical presence away
from those premises. If this is not the case, you must tell us, so that we can provide you with a different
contract with terms which are more appropriate to you and which might, in some way, be better for you, eg
by giving cancellation rights pursuant to Client protection law. Business premises means immovable retail
premises where we carry on business on a permanent basis or, in the case of movable retail premises, on
a usual basis.
Fees and Payment
The fees (Fees) for the Services, the price of any Projects (if not included in the Fees) and any additional
delivery or other charges is that set out in our price list current at the date of the order or such other price
as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate
basis.
We do receive fees from third parties in relation to joint services and details are available on request.
Fees and charges are subject to VAT at the rate applicable at the time of the Order.
Payment for Services must be made within 5 days of invoice via bank transfer.
Cash payments must satisfy AML checks.
Delivery
We will aim to deliver the Services within the agreed period but cannot be held responsible for delays of
third parties Solicitors, Vendors, Lenders or Mortgage lenders we will endeavor to progress this at every
opportunity.
In any case, regardless of events beyond our control, if we do not deliver the Services on time, we will
inform you of any delays at the earliest opportunity and where possible make alternative arrangements.
We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle
of Man and the Channels Islands. If, however, we accept an Order/Project for delivery outside that area,
you may need to pay import duties or other taxes which are your responsibility.
You agree we may deliver the Projects in instalments if we suffer a shortage of stock or other genuine and
fair reason, subject to the above provisions and provided you are not liable for extra charges.
The project will become your responsibility from completion and in such you are responsible for Council
Tax, Utilities and Insurances.
Risk and Title
While we will endeavor to ensure the project is secure and watertight you must insure you have adequate
insurance provision to cover vacant properties under refurbishment for the duration of the refurbishment /
build
You must inform us should your company structure change i.e. change of Directorship or should your
company become insolvent or bankrupt.
You realise and understand as Company Directors you may be asked to provide Personal Guarantees
(PGs) for some forms of lending and will read and understand all matters and where required take legal
advice.
Withdrawal
Withdrawal after the fee payment can only be made in exceptional circumstances.
Conformity and Guarantee
We have a legal duty to supply the projects in conformity with the Contract and will not have conformed if it does
not meet the following obligation.
Upon delivery, the Projects will:
Be of satisfactory quality.
Be reasonably fit for any particular purpose for which you buy the Projects which, before the Contract is made,
you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and
judgment) and be fit for any purpose held out by us or set out in the Contract; and
Conform to their description.
We will supply the Services with reasonable skill and care.
We will provide the following after-sales services:
All building works are guaranteed for 12 months subject to fair wear and tear. Malicious or damage is not
covered under this warranty.
We can provide tenanting and sales services however we cannot provide any warranty or guarantee to third
parties.
Any third-party support services
Where we recommend based on experience and working relationship, please check their own T&C s which
relate to their business Paul Hodge Properties accept no responsibility for their actions or services.
Duration, Termination and Suspension
The Contract continues as long as it takes us to perform the Services details are within your personal Business
Plan.
Either you or we may terminate the Contract or suspend the Services at any time by a written notice of
termination or suspension to the other if that other:
Commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach
either cannot be fixed or is not fixed within 30 days of the written notice.
Is subject to any step towards its bankruptcy or liquidation.
On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be
affected.
Privacy
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation
with regard to your personal information.
For the purposes of these Terms and Conditions:
'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not
limited to the GDPR.
'GDPR' means the UK General Data Protection Regulation.
'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
We are a Data Controller of the Personal Data we Process in providing the Services and Projects to you.
Where you supply Personal Data to us so we can provide Services and Projects to you, and we Process that
Personal Data in the course of providing the Services and Projects to you, we will comply with our obligations
imposed by the Data Protection Laws:
before or at the time of collecting Personal Data, we will identify the purposes for which information is being
collected;
We will only Process Personal Data for the purposes identified.
We will respect your rights in relation to your Personal Data; and
We will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can e-mail: paulhodgeproperties@gmail.co.uk.
Successors and Our Sub-contractors
This Contract is solely for the Named Client, the Client and may not be transferred.
The Agent will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances Beyond the Control of Either Party
In the event of any failure by a party because of something beyond its reasonable control:
The party will advise the other party as soon as reasonably practicable; and the party's obligations will be
suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for
any failure which it could not reasonably avoid, but this will not affect the Client's above rights relating to
delivery.
Excluding Liability
We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by
negligence or breach of the Agent's other legal obligations. Subject to this, we are not liable for (i) loss which
was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of
profit) to your business, trade, craft or profession which would not be suffered by a Client- because we believe
you are not buying the Services and Projects wholly or mainly for your business, trade, craft or profession.
Governing Law, Jurisdiction and Complaints
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Client lives
in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
We try to avoid any dispute, so we deal with complaints as follows: Complaints Policy.
Should you have any cause for complaints our procedure is.
In the first instance raise any issue with the staff member dealing with that part of the process, this can be as
this issue occurs or at your weekly update a formal reply will be received within 48 business hours.
Should that reply not satisfy please make a formal complaint in writing to paulhodgeproperties@gmail.co.uk a
reply will be issued within 48 business hours to either resolve or escalate.
Should the matter be escalated, a Director will investigate the situation and may call for further information from
the client and staff member. We will whenever possibly work towards a resolution please allow up to 10 working
days for this process.
Should we not reach an amicable resolution we are members of Property Redress and will abide by their
adjudication.
We aim to follow these codes of conduct, copies of which you can obtain as follows:
Joint Contracts Tribunal (JCT).
Property Redress Scheme (PRS).
Information Commissioner's Office (ICO).
Anti money laundering (AML).
Reasonableness
Wherever possible and by mutual agreement “Reasonableness” will prevail as this program is a
partnership in execution.