1.Services: All related services offered, such as finance, mortgages, insurance, Currency exchange, legal and tax advice, removals and any other service from a third party – are merely recommended in good faith only and all agreements and contracts with such parties or for such services are entirely the responsibility of the buyer/user and service provider and not the liability or responsibility of ‘ICW Property Limited’.
2.Measurements, tenure & usage: Land, property and room sizes provided by ‘ICW Property Limited’ its agents, associates or employee’s web site, brochure or any promotional material are subject to survey. It remains the responsibility of the purchasers to satisfy themselves as to the correctness of such information. Building plots described in the ‘ICW Property Limited’ web site, brochure and promotional literature remains the responsibility of purchasers of plots of land to acquire/check all necessary planning consents and licences. Title and tenure is also the liability of the buyer, lawyer and selling company and ‘ICW Property Limited’ recommend that the services of a professional are employed when purchasing property overseas.
3. Associated companies: ‘ICW Property Limited’ its agents, associates or employees shall not be held liable or responsible for the actions of other persons or companies or firms with which it may be associated or have connections with.
4. Re-selling: If a property has been purchased with a view to re-selling please note that ‘ICW Property Limited’ its agents, associates or employees do not guarantee selling properties prior to or after completion, nor do they guarantee any profits or returns, and have no control over the future volume of purchasers, their requirements or future market conditions. ‘ICW Property Limited’ its agents, associates or employees does not require exclusivity to market re-sale properties and in fact in many cases cannot deal with such resale’s, and purchasers are free to market their properties themselves or through Estate Agencies of their choice and ‘ICW Property Limited’ may or may not offer to assist. It is also important to understand that reselling overseas property will be subject to a fee and these charges can vary considerably – ‘ICW Property Limited’ its agents, associates or employees accept no liability for any agreements by these companies as we only help you to market these properties through our agents and associates throughout the world. If we do agree to assist in the resale of a unit purchased through ‘ICW Property Limited’ we will do so through our own contacts only and we do not in any way guarantee to be able to re-sell a unit for any investor. Any attempt will be made in good faith and an agreed fee will be payable upon the completion of the sale.
5. Contact information: ‘ICW Property Limited’ its agents, associates or employees do not accept liability from any client, who has not informed the developer or agent, from who the builders contracts are made out from, regarding new change of address or contact details. If the developer cannot contact the client through the present details they have on file and no evidence of informing the developer of the new address is provided, then the client is at risk in losing the money invested in the property and the property itself.
6. Additional services: ‘ICW Property Limited’ its agents, associates or employees operate as an sourcing and introducing agent only and do not organise NIE numbers, bank accounts, mortgages, power of attorney, immigration advice, etc…for clients. It is up to ‘the buyer’ to organise all of these, either with their appointed lawyer or mortgage broker.
7. Purchaser’s Responsibility: It is your responsibility to confirm that you are in a position to obtain financial products and services to proceed with any property purchase. ‘ICW Property Limited’ acts as a property-sourcing agent only and is not responsible for the arranging of or assisting purchasers with the arrangement of any loans or financial products. We strongly advise all purchasers to seek proper financial and legal advice before proceeding with any purchase and to make sure that any financial products are available to you. Reservation fees, property sourcing fees and fees associated with costs which are paid to ‘ICW Property Limited’ by purchasers are non-refundable for any reason and as such should not be paid until you have carried out full due diligence for each investment and have satisfied yourself as to your ability to purchase any property sourced by ‘ICW Property Limited’. All investment figures and deal structure examples contained within the ‘ICW Property Limited’ marketing materials are indicative and meant for guidance and marketing purposes only. It is your responsibility to source and secure any financial product or mortgage required or deemed necessary in order to complete on a property purchase. We can introduce you to companies to assist you with all aspects of property investment but it must be understood that such introductions are made in good faith only and you will enter into separate contracts with those companies that are introduced. Property deals may offer incentives or special offers by third party companies such as property development companies etc. It is your responsibility to carry out your own property valuation, due diligence and any other legal or financial research and diligence required in order to assess the benefit of any special offer or incentive such as discounts or contributions or rental guarantees or any other incentive offered by any third party company.
8. Sourcing Fee: Each property sourced by ‘ICW Property Limited’ is subject to a sourcing fee as laid out in our Table of Fee’s.
8.1 Reservation Fee: Each property incurs a reservation fee of £500, payable at reservation point by bank transfer. This fee is non refundable but will be deducted from our sourcing fee.
8.2 The remainder of the sourcing fee is payable upon purchase completion, an invoice will be issued to the conveyancing solicitor.
9. We cannot guarantee that the property is suitable for purchase and all properties are sold subject to contract. Whilst we will do all that we can to secure you properties that are suitable for purchase we cannot be held responsible for properties that turn out to be unsuitable. The provision of services beyond this should be considered outside our agreement and do not form part of the agreement between ‘ICW Property Limited’ and yourself or any third party. We do however in the spirit of cooperation undertake to support you throughout the process and this can sometimes mean that we will provide services at no costs after reservation of the property. It is at the discretion of the directors of ‘ICW Property Limited’ whether ‘property-sourcing fees’ can be credited to another property should for any reason you fail to complete your purchase of a reserved property. Should you choose to pull out of a deal or are unable to obtain a mortgage; fees will not be refundable and no credits will be given.
10. Provision of Service: Neither ICW Property Limited nor its partner companies, nor each of their respective directors, officers, employees, consultants and agents makes any representations or warranties as to the availability, accuracy, quality, timeliness, reliability, truthfulness or completeness of this Web site or the content contained in or accessed through this Web site, including, but not limited to, the contents of any content, information, material, Webcam images or posting found on this Web site (including, but not limited to, any press releases or financial information), any services provided through this Web site, or any links to other sites made available on this Web site or the content contained on such site(s), or as to the uninterrupted, continuous or error free use and operation of the internet, this Web site or any related services or that any of them is free from defects, viruses or other harmful components. You expressly agree that use of the Web site and property-sourcing services is at your sole risk.
11. Claims and Guarantees: You agree that all photos and figures quoted are for illustrative purposes only and that it is up to you to conduct sufficient due diligence and research into the property including seeking competent authority prior to making any financial decision, this includes undertaking a property valuation, researching the area and market rent. We make no claims as to the specification of the finished property. You will need to refer to the builder’s specification sheet for the individual projects. We have given you no guarantees. You are aware that property values and rents can go up as well as down and that if you do not keep up payments on loans or mortgages secured on your property it may be repossessed.
12. Costs incurred in buying a property: ‘ICW Property Limited’ cannot be held liable and accepts no responsibility for any costs associated with the purchase of property sourced through ICW Property Limited. ICW Property Limited is responsible solely for the referral of the property. Should a property a client is purchasing not proceed for any reason the client will be responsible for meeting all the costs involved and will have no claim against ICW Property Limited.
13. Limitation of Liability: The sole liability of ‘ICW Property Limited’ in respect of any defect in, or failure of any goods or services supplied or for any shortage in the quantity of goods delivered or for any loss, injury attributable directly or indirectly thereto (other than in respect of death or personal injury) is limited to i) making good by replacement or ii) repairing defects or failures which under proper use appear therein. Without prejudice to the foregoing, ‘ICW Property Limited’ shall in no circumstances be liable – i) for any indirect or consequential loss (including without limitation loss of production, loss of profit or liability to third parties) suffered or incurred by the customer. ii) for any loss or damage in excess of the contract price for the goods or part thereof in respect of which a claim is made. We shall not be liable for any loss to the customer arising from any delays.
ICW Property Limited and their partners, affiliates, officers, employees, agents, contractors, successors and assigns do not accept any liability for any investment decisions made on the basis of, arising out of, or in any way related to, the use of information contained the emails provided or information presented on their website.
The information and services provided by ICW Property Limited do not constitute financial, investment or tax advice and should not be taken as such. ‘ICW Property Limited’ employees are not licensed investment advisors or licensed estate agents.
‘ICW Property Limited’ employees are not authorised by the Financial Conduct Authority to provide investment or financial advice. We encourage you to obtain professional advice before proceeding with any investment. We present information in good faith from the source from which it is provided but we cannot vouch for its accuracy nor can we be held responsible if such information is deemed to be inaccurate.
14.Copyright: All of the content on this site is the property of ‘ICW Property Limited’ and is protected by UK and international copyright laws. “Content” means any information, mode of expression, or other material and services found on the www.icwproperty.co.uk, printed matter or any other form of communication from ‘ICW Property Limited’. This includes discussion boards, chat, software, our writings, graphics and any and all other features found on these sites.
15. Force Majeure: We shall be under no liability if we shall be unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power of supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract.
16. Non-Circumvention: Each Party agrees not to directly or indirectly contact, deal with transact, or otherwise be involved with any corporation, partnership, proprietorships, trust, individuals, or other entities introduced by either Party without the specific written permission of the introducing Party.
17. Each Party: agrees not to directly or indirectly circumvent, avoid or bypass each other regarding any sale, acquisition, cooperation, partnership, or other business relationship with entities introduced by either Party.
18. Penalty: Should either party breach clause 2 above, the party in contravention shall be obliged to pay a fixed penalty equivalent to of the total income from any resultant sale, acquisition, cooperation, partnership or other business relationship, should the circumvention not have occurred.
19. Non- Disclosure: Each Party agrees not to disclose or otherwise reveal to any third Party the identities, addresses, telephone numbers, facsimile numbers, E-mail addresses, telex numbers, bank codes, account numbers, financial reference, or any other entities introduced by either Party to the other without the specific written permission of the introducing Party.
20. Language: The language in all the Agreement shall be in all cases constructed simply according to its fair meaning and not strictly for or against of the Parties and it is agreed that the English language is used.
21. Legal Fees: If any party files any action or brings any proceeding against other arising from this agreement, or is made a party to any action or proceeding arising from these terms of business, the prevailing party shall be entitled to recover as an element of their cost to suit and not as damages reasonable attorney’s fees to be fixed by the court, arbitrator or adjudicative authority. The prevailing party shall be the party entitled to recover their cost to suit or arbitration, whether or not entitled to recover costs.
These terms of business are not set out to stifle you but to offer you and our business protection and offer clarity in our dealings together.
We look forward to working with you.