Terms and Conditions
In these Terms the following expressions shall, unless the context otherwise requires or as otherwise expressly provided in writing, have the following meanings:
- “Abort fee” means that the client will pay a fee if, for whatever reason, they decide to cancel the exclusive appointment of Expedite Office before the term of the agreement has expired.
- “Acquisition” means the leasing by, purchase by or transfer to the Client of any leasehold, long leasehold, freehold, serviced or common hold interest in property.
- “Agreement” means these Terms & Conditions of Business together with any other terms and conditions and/ or written special conditions and/ or any other agreed schedules or documents signed by a Director of Expedite Office.
- “Appointment” means the appointment of Expedite Office by the Client to provide the Services subject to the Client Instruction and this Agreement.
- “Client” means the person, firm, company or other entity to whom Expedite Office is to provide Services in accordance with the Agreement, and includes any individual working for the Client who shall be deemed to have been authorised by the Client to act on behalf of the Client and shall include any
person, company or other entity associated or affiliated with it.
- “Client Instruction” means the brief, or any other written documents including email messages, which sets out the Fee payable to Expedite Office under the Appointment and the scope of the Appointment, in addition to this Agreement.
- “Exclusive Appointment” means that the Client shall be liable to pay the Fee if, at any time prior to the termination of the Appointment, the Client views the Property and/ or commences negotiations which lead to the exchange of unconditional contracts for the Acquisition of the Property, regardless of whether Expedite Office has introduced the Property to the Client.
- “Expedite Office” means Expedite Office Limited, a Private Limited Company registered in England and Wales under No. 03543839 with its Registered Office at 39 Cornhill, EC3V 3NU, United Kingdom, together with any subsidiary or associated or connected company or person as defined by the Companies Act 2006.
- “Fee” means the Fee payable to Expedite Office for the Services as set out in the Client Instruction and any other applicable fees or expenses.
- “Heads of Terms” means fundamental points of an agreement intended to form the basis of a formal contract.
- “Non-Exclusive Appointment” means that the Client shall only be liable to pay the Fee if Expedite Office has arranged the physical viewing of the Property for the Client, or any other floor in the building of which the Property forms part, or introduced the Seller or its Agent to the Client.
- “Property” means the property the Client selects to purchase or lease.
- “Seller” means the person, company or body that leases or sells, or prospectively leases or sells, the Property or a prospective Property to the Client.
- “Services” means the services of Expedite Office to find the Client a Property subject to the Client Instruction and this Agreement.
- “Space planning” means that Expedite Office will provide a plan for the selected property with a desks, offices, meeting rooms etc. as required by the client in order to confirm the suitability of the property for the client’s needs.
- “Substantial change of Spec/Brief” means the Size which was not covered by the initial search; Area which was not covered by the initial search.
- Clause headings are for convenience only and are not to be used in its interpretation.
- No variation or alteration of this Agreement shall be valid unless approved in writing by a Director of Expedite Office and the Client and are set out in writing and a copy of the varied agreement is given to the Client stating the date on or after which such varied agreement shall apply.
- References to “in writing” or “written” shall include email messages.
- This Agreement applies only to the relationship between Expedite Office and the Client. Except as expressly provided elsewhere in this Agreement a person who is not a party to this Agreement shall not have any rights under the Contracts (Right of Third parties) Act 1999 to enforce any of this
- This Agreement constitutes the entire and only agreement between parties with regards to the subject matter herein, and they supersede all prior and pre-existing representations agreements between Expedite Office & the Client in relation to the subject matter herein.
- The Client Appoints Expedite Office to provide the Services to the Client and Expedite Office agrees to be Appointed to provide the Services to the Client.
- Subject to Clause 2.8, neither party shall during and after termination of this Agreement, without the prior written consent of the other party, use or disclose to any other person any information of the other party which is identified as confidential or which is confidential by its nature. The Client shall on demand and on termination of this Agreement surrender to Expedite Office all materials relating to such confidential information in its or its personnel’s agent or representatives’ possession.
- Expedite Office shall have the right and licence to use the name and logo of the Client in any marketing materials and their distribution or display and Expedite Office shall have the right and licence to use any testimonials or other written statements of the Client for the same purpose.
- Any notice required to be given under this Agreement shall be delivered by hand, sent by email or prepaid first class post to the recipient address specified in this Agreement or as otherwise notified from time to time to the sender by the recipient for the purpose of this Agreement.
- Notices shall be deemed to have been given and served, if delivered by hand, at the time of delivery; if sent by email, at the time of despatch if despatched on a Business Day before 5.30 pm or in any case at 10.00 am on the next Business Day after the day of despatch, unless the transmission report indicates a faulty or incomplete transmission or, within the relevant Business Day, the recipient informs the sender that the email message was received in an incomplete or illegible form; or if sent by prepaid first class post, 48 hours from the time of posting.
- In the event of ambiguity or conflict between the Client Instruction and this Agreement the former will take precedence.
- This Agreement and any dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The parties to this Agreement irrevocably agree, for the sole benefit of Expedite Office that, subject as provided below, the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual claims). Nothing in this clause shall limit the right of Expedite Office to take proceedings against the Client in any other court or competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
- Appointment and Services
- When the Client has countersigned the Client Instruction, the Appointment will be an Exclusive Appointment or a Non-Exclusive Appointment as indicated on the Client Instruction.
- Expedite Office will perform its Services with all reasonable care and skill and will act in good faith at all times.
- Time estimations relating to performance of the Services have been made by Expedite Office upon the basis of information provided at the time of the Client appointing Expedite Office. These time estimations are not legally binding on Expedite Office.
- The duties of Expedite Office shall be limited to those set out in the Client Instruction and this Agreement. Where required however, Expedite Office will provide additional services at additional costs subject to terms and conditions as may be agreed in writing.
- Expedite Office may instruct one or more other persons, companies or firms, whether as a sub-contractor or in any other capacity, to perform its Services subject to terms and conditions Expedite Office considers appropriate. Unless agreed in writing, no additional fee shall be payable by the Client to Expedite Office in these circumstances. However, the Client is liable to pay the Fee and other sums payable to Expedite Office as if all Services had been performed personally by Expedite Office.
- With regards to providing the Services Expedite Office may introduce the Client to independent service providers. Although these introductions are made in good faith at all times, Expedite Office will not be liable for these introductions and the Client is fully responsible for carrying out their own due diligence on the third party and will solely on their own judgement and/ or that of its professional advisors. From time to time these service providers may pay Expedite Office commission in relation to the introductions.
- Expedite Office will inform the Client as soon as possible if Expedite Office, or any other business associate or employee of Expedite Office, has any personal interest in any Property.
- The Client shall notify Expedite Office immediately in case an offer is arranged by another estate agent or on a private basis for a Property originally introduced by Expedite Office.
- No Warranties
- The Client shall be responsible for establishing whether the Property meets the Client’s requirements and whether it is suitable and appropriate.
- The Client shall be responsible for carrying out such investigations and inspections as the Client seems necessary for the purpose.
- The Client shall not rely on any statements or representations made by Expedite Office but shall rely on its own judgement and/ or that of its professional advisors relating to clause 4.4.1-4.4.6.
- Expedite Office will not offer any warranties in relation to any Property, as to:
- whether vacant possession will be granted at the date of completion;
- the precision of any statement, information (including square footage of the Property) and/ or photographs supplied;
- investigating the Property’s title and/ or encumbrances;
- compliance with planning laws, Building Regulations, Fire Risk Assessment, legislation relating to Health and/ or Safety legislation;
- services, service charge, value, rating liability and/ or capital or rental value;
- contamination, environmental matters and/ or structural integrity;
- The Client shall be responsible and will not rely on Expedite Office, for investigating whether the necessary consents have been obtained in respect of the Property, including but not limited to the management of the Property, repair, insurance and/ or security arrangements.
- Information provided by Expedite Office will not be carried out in accordance with the formal valuation requirements of the Valuation Manual published by The Royal Institution of Chartered Surveyors and any comments or advice is not to be used for the purpose of loan security or lending purposes.
- The details of properties provided by Expedite Office in the course of carrying out a search for offices on behalf of the Client are likely to have been taken from other agents marketing particulars or other sources, due to the general nature of this search. Expedite Office will not have therefore carried out their own independent verification regarding the description and other information.
- The Client shall pay Expedite Office the Fee calculated in accordance with clause 5.1 on exchange by the Client of legally binding contracts for the Acquisition of the Property;
- Expedite Office will charge VAT on the fee if applicable.
- All Fees shall be paid to Expedite Office without any deduction or set-off, whether equitable or otherwise.
- If, within 12 months following the completion of the Acquisition a Client, who has Exclusively Appointed Expedite Office, acquires additional space within the Property then Expedite Office should be notified and will provide services to acquire the additional accommodation. An additional fee will be payable, calculated on the same basis as the Fee.
- In, after the Heads of Terms have been agreed and solicitors instructed on behalf of the Seller and the Client, a Client, who has Exclusively Appointed Expedite Office, withdraws from a transaction, Expedite Office shall be entitled to an interim fee of a sum equal to 50% of the
anticipated Fee, subject to clause 5.3 and 5.8.1-5.8.4.
- The Client is not liable to pay Expedite Office the interim fee mentioned in Clause 5.7 in the following circumstances:
- On further examination, a material representation made by the Seller about the Property proves to be untrue;
- during the legal process it becomes clear that the Sellers title to the Property is such that no sensible tenant would proceed with anticipated letting on the terms agreed;
- the Seller withdraws from the proposed transaction other than because of unreasonable delays in proceeding with the transaction on the part of the Client;
- the Client withdraws from the proposed transaction because of unreasonable delays in proceeding with the transaction on the part of the Seller.
- Payment Terms
- Expedite Office shall invoice the Client for its Fee plus any applicable expenses and/ or other payments once the Fee has become payable in accordance with Clause 5.2 or earlier if agreed in writing. The Client agrees to pay this invoice within 7 days of the date of the invoice.
- The Client must notify Expedite Office within 3 days of receipt of any invoice in case there is a mistake on the invoice meaning that the invoice will have to be resubmitted by Expedite Office in order to be paid.
- Expedite Office reserves the right to charge interest on invoiced amounts unpaid for more than 7 days at the rate of 5% per annum above the base rate from time to time of HSBC Bank. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The client shall pay the interest immediately on demand by Expedite Office.
- In this clause, a reference to Expedite Office shall include Expedite Offices subsidiaries, and the provisions of this clause shall be for the benefit of Expedite Office and each such subsidiary, and shall be enforceable by each such subsidiary, in addition to Expedite Office. The Client shall indemnify Expedite Office against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by Expedite Office arising out of or in connection with:
- Any breach or negligent performance or non-performance of this agreement; or
- any claim made against Expedite Office by a third party arising out of or in connection with the provision of the Services, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of this agreement by the Client, its employees, agents or sub-contractors.
- Limitation of Liability
- Whilst Expedite Office will make every effort to fulfil the Clients instructions in accordance with this Agreement, Expedite Office shall not be liable in any manner whatsoever:
- To any third party who, without the prior written consent of Expedite Office, seeks to rely on Expedite Offices performance of this Agreement or any advice or information resulting from the Clients instructions to Expedite Office;
- in respect of any services outside the scope of this Agreement unless Expedite Office has agreed to perform the services in writing in advance.
- Nothing in this Agreement shall operate to limit or exclude any liability if such a provision is prohibited by law.
- Whilst Expedite Office will make every effort to fulfil the Clients instructions in accordance with this Agreement, Expedite Office shall not be liable in any manner whatsoever:
- Unless otherwise agreed in writing, the initial period of the Exclusive Appointment of Expedite Office will be set out in the Client Instruction.
- Unless otherwise agreed in writing, either on or after the date of expiry of the initial period of the Exclusive Appointment of Expedite Office, the Exclusive Appointment can be terminated by either party upon serving not less than 15 working days written notice in accordance with clause 2.11 otherwise the Exclusive Appointment will continue until completion of the Services.
- Termination shall not affect the accrued rights of the parties.
At Expedite Office Limited (“Expedite Advise”) we take protecting the confidentiality of our clients seriously, and with this in mind we adhere
- Information we may collect and process:
- Information that you provide by completing forms on our website www.exepditeadvise.com or any other website owned and operated by us. This includes information provided when subscribing to our services, posting material or requesting further services. We may also ask you for information when you report a problem with our website.
- Details of your visits to our website including, but not limited to, traffic data, location data, weblogs and other communication data and the resources that you access.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- IP Addresses and Cookies
- We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our sponsors, affiliates or associates. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
- For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our website and to deliver a better and more personalised service. They enable us:
- To estimate our audience size and usage pattern;
- to store information about your preferences, and so allow us to customise our website according to your individual interests;
- to recognise you when you return to our website
- You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you
our system will issue cookies when you log on to our website.
- Where we store your personal data
- Processing may take place via electronic means using the internet and may involve transfer overseas to countries outside the European Economic Area, which do not have equivalent laws relating to data protection.
- All information you provide to us is stored on our service provider’s secure servers.
- Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
- Uses made of the information
- We use information held about you in the following ways
- To ensure that content from our website is presented in the most effective manner for you and for your computer;
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
- To carry out our obligations arising from any contracts entered into between you and us;
- To allow you to participate in interactive features of our service, when you choose to do so;
- To notify you about changes to our service.
- You acknowledge that:
- While we take data protection seriously, we can’t guarantee unauthorised use of the data you provide by third parties;
- We are not responsible for how authorised users use your information, including any sensitive information you choose to provide.
- We use information held about you in the following ways
- Disclosure of your information
- We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006 and any connected businesses.
- We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- If Expedite Advise or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply any terms of any agreements with you, our Disclaimer and other agreements; or to protect the rights, property, or safety of Expedite Advise,
our customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
- You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes. You can exercise your right to prevent such processing by contacting us at firstname.lastname@example.org.
- The laws of England and Wales apply to this Policy and the parties irrevocably agree, for the sole benefit of Expedite Advise that, subject as provided below, the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with this Policy or our website. Nothing in this clause shall limit the right of Expedite Advise to take proceedings against any party in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
- Except as set out herein and where required or permitted by law or a court of competent jurisdiction, we will not reveal any personal data about you to any third party.
- Certain links contained within this website may lead to external servers and websites which are maintained by third parties unconnected to us and over which we have no control. We can accept no responsibility or liability in respect of any material contained within those websites or servers. Please note that those websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
- To the extent permitted by law, we do not accept liability for any damages (including, without limitation, damages for any consequential loss or loss of business opportunities, or loss of profits) howsoever arising and whether in contract, tort or otherwise from the use of or inability to use the website or its contents, or from any action or omission taken as a result of using the website or its contents.
- Where our website contains advertising submitted by third parties, please note that those advertisers are responsible for ensuring that the material submitted for inclusion on the website complies with all legal requirements.
- We are unable to offer any guarantee that the contents of the website are free from viruses or similar which have destructive or contaminating properties and shall therefore have no liability in respect thereof. We regularly check the website for viruses using the leading proprietary virus checking software.
- Data protection legislation gives you the right to access information held about you. You have a right to request a copy of any personal information we hold, your access request may be subject to a fee of �10 to meet our costs in providing you with details of the information we hold about you.
- For the purpose of the Data Protection Act 1998, the data controllers are Petra Stockelmayerova and Peter Bell.
The information contained in this website is for general information purposes only. The information is provided by Expedite Office Ltd and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the candidates, information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
This website is provided on an ‘as is’ basis without any warranties whatsoever. Expedite Office Ltd gives no warranties in relation to fitness for purpose or results users may achieve from using this website.
Expedite Office Ltd does not intend any information contained in this website to be advice, including, but not limited to, tax, compliance, legal or financial advice or advice of a technical nature. Expedite Office Ltd is not responsible for the future use of any information contained on the website or its interpretation.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits, arising out of, or in connection with, the use of this website.
Through this website you may be able to link to other websites which are not under the control of Expedite Office Ltd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Expedite Office Ltd takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.