TERMS AND CONDITIONS OF ENGAGEMENT
E&A Estates Limited T/A The Vault Real Estate
(Company Number: 14841452)
Registered Office: Suite 2a, 6th Floor, Cobalt Square, 83–85 Hagley Road, Birmingham, England, B16 8QG
- Definitions and Interpretation
1.1 In these Terms and Conditions (the “Terms”):
(a) “The Consultancy” means E&A Estates Limited trading as The Vault Real Estate;
(b) “Client” means any person, firm, company, or other entity that engages or otherwise benefits from the Services of the Consultancy; and
(c) “Services” means any and all advisory, consultancy, agency, or related property services provided by the Consultancy, whether oral or written, express or implied.
1.2 References to “writing” or “written” include email correspondence.
1.3 Headings are for convenience only and shall not affect interpretation.
- Scope of Appointment
2.1 In the absence of a written and executed Terms of Business, the Client shall be deemed to have accepted these Terms by engaging with or instructing the Consultancy in the provision of the Services.
2.2 The Consultancy shall provide the Services at its sole discretion and in accordance with generally accepted standards of professional practice within the property industry.
2.3 The Consultancy reserves the right, in its absolute discretion, to withdraw, suspend, or vary the scope of the Services without liability or penalty.
- Fees and Charges
3.1 Unless otherwise agreed in writing, the Consultancy shall charge default consultancy and service fees at the rate of £175 (one hundred and seventy-five pounds) plus VAT per hour.
3.2 Fees shall be calculated by reference to time spent providing the Services, including, without limitation, meetings, consultations, correspondence, document preparation, negotiations, and travel.
3.3. The above default fees shall apply to enquiries and disputes raised by local councils, utility and energy providers where we do not owe a liability or act for a client.
3.3 VAT (if applicable) shall be payable in addition to all fees and expenses incurred. - Payment Terms
4.1 Unless otherwise agreed in writing, payment of all invoices shall become due immediately upon the invoice being raised.
4.2 The Consultancy reserves the right to charge interest on any sum overdue at a rate of 4% per annum above the Bank of England base rate, accruing daily until payment in full is received.
4.3 The Consultancy shall be entitled to recover all reasonable legal costs, debt recovery charges, and administrative expenses incurred in pursuit of payment.
4.4 The Consultancy may, at its absolute discretion, suspend or cease performance of the Services in the event of late or non-payment. - Client Obligations
5.1 The Client shall provide the Consultancy with all information, instructions, and documentation reasonably required for the proper provision of the Services.
5.2 The Consultancy shall not be liable for any delay, loss, or expense resulting from the Client’s failure to provide accurate, complete, or timely information. - Confidentiality
6.1 Each party shall maintain the confidentiality of all confidential information received from the other party in connection with the Services and shall not use or disclose such information except as required by law or with prior written consent.
6.2 This obligation shall survive termination of the engagement. - Conflicts of Interest
7.1 The Consultancy shall take reasonable steps to identify and disclose any actual or potential conflict of interest.
7.2 The Client acknowledges that the Consultancy may act for other clients with competing interests, provided that appropriate safeguards are maintained to preserve confidentiality and impartiality. - Limitation of Liability
8.1 The Consultancy’s aggregate liability to the Client, whether arising in contract, tort (including negligence), misrepresentation, or otherwise, shall not exceed the total amount of fees paid to the Consultancy in respect of the specific Service giving rise to the claim.
8.2 The Consultancy shall not be liable for any consequential, indirect, special, or economic loss, or for loss of profit, revenue, or opportunity.
8.3 Nothing in these Terms shall exclude or limit the Consultancy’s liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation. - Data Protection
9.1 The Consultancy shall process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
9.2 Personal data shall be retained and processed solely for legitimate business purposes connected with the provision and administration of the Services. - Termination
10.1 Either party may terminate the engagement at any time by giving written notice to the other.
10.2 The Client shall remain liable for all fees, disbursements, and expenses incurred up to the date of termination or arising thereafter from any introduction, negotiation, or transaction originating from the Consultancy’s Services prior to termination.
- Dispute Resolution
11.1 In the event of any dispute arising out of or in connection with these Terms or the performance of the Services, the parties shall, in good faith, seek to resolve the dispute through informal discussion.
11.2 If the dispute cannot be resolved within 14 days, the matter shall be referred to mediation in accordance with the CEDR Model Mediation Procedure, or such other mediation framework as agreed in writing by the parties.
11.3 If the dispute is not resolved by mediation within 28 days of referral, either party may commence proceedings in the courts of England and Wales.
11.4 The costs of mediation shall be borne equally by the parties unless otherwise agreed in writing. - Governing Law and Jurisdiction
12.1 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales.
12.2 The parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.