SOLVIX Your Property Assistant

TERMS AND CONDITIONS OF SERVICE

These terms and conditions should be read carefully as they provide the legal framework against which CROWN ARK LIMITED (as defined below) agrees to provide the Services (as defined below) to you, “the Client”, and to which you agree to be bound.

These Terms & Conditions (also referred to as “this Agreement”) are in respect of the services provided to you (or to another party on your behalf and/or at your request) by CROWN ARKLimited (trading as “Solvix” or  “Solvix Your Property Assistant” or “ solvix.co.uk whose registered office is at 202 Kensington Church Street, W8 4DP, United Kingdom registered in England & Wales under company registration number08371181, (hereinafter referred to as “We” or “the Company”).

The Terms & Conditions contained herein govern your access to and use of our Services. If you do not agree to be bound by these terms and conditions, you should not instruct us to proceed with the provision of any Services.

These Terms & Conditions apply between you and the Company(together referred to as “the Parties” and individually as “Party”).

The Services

You agree to appointthe Company, (andthe Company has accepted the appointment)to provide some or all of the following services:

• To act on your behalf in respect of matters concerning the search of real-property including the purchase and/or rental of your selected property;

• To view properties with or without you but on your behalf;

• To negotiate on your behalf the terms of the purchase and/or rental in accordance with your instructions;

• Liaising with and instructing the managing agent of the property on your behalf;

• Check-In Services: Open/Transfer utility accounts, arrange Internet & TV, apply for student discount on your behalf,Check the property before you move in and handover the keys;

• Check-Out Services: Cancel your utility accounts, redirect your final utility bills, arrange the end of tenancy cleaning, arrange repairs, help with deposit issues, provide to estate agents/landlord/landlord’s representative your bank details for the deposit refund back to you;

(Hereinafter “the Services”);

and in accordance with the following Terms and Conditions:

1. The Appointment

   You hereby appoint the Company and the Companyaccepts the appointment to carry out the Services on your behalf.

2. Performance of the Service

   2.1. Viewings

   Upon your instructions the Companywill arrange viewings of properties which you have selected from available properties identified to you by the Company. A representative of the Company may attend the viewing on your behalf and report to you either in real-time by video-link (if available) and/or by sending photosand descriptions to you via email, WhatsApp or other specified electronic means. Alternatively, the Company may make an appointment for you to view the property in person whereby you may attend alone or with a representative of the Company.

   2.2. Negotiation

   In accordance with your instructions, the Companywill negotiate Heads of Terms with prospective Sellers/Landlords and/or their respective agents. During the period of negotiationthe Companyshall liaise with you and/or your professional advisor(s) as directed.

   2.3. Purchase or Rental of Property

   The PurchaseAgreement or Rental/Tenancy Agreement (and all related legal matters) will be made between you and the Seller/Landlord only. There will be no direct contractual link between the Company and the Seller or Landlord.

   2.4. Concierge & Property Management Services

   2.5. Check-In Services

   2.6. Check-Out Services

   2.7 Scope of Services, Membership & Fees

   Home Finder Long & Short Let: property search service offered with three packages Silver (£1500 + VAT)/Gold (£2000 + VAT)/ Platinum (£3000 + VAT).  All packages include 3 weeks of property search. Any additional weeks are charged on top at £500 + VAT per week.

Home Finder to buy: property search service offered with three packages Silver (£1500 + VAT)/Gold (£2000 + VAT)/ Platinum (£2500 + VAT).  All packages include 1 month of property search. Any additional weeks are charged on top at £500 + VAT per week.

Solvix Membership Only Services

Check-in service: additional support with moving in to the property, transferring utility bills, TV & internet organisation.

Check-out service: additional support with moving out from the property, cancelling utility bills, TV & internet accounts, cleaning organisation, repairs organisation.

Complimentary membership is offered to clients who purchase one of the below services:

1) Home finder to rent

2) Home finder to but

What’s included:

3. Fees

3.1 All fees are subject to VAT being charged at the prevailing rate.

The fees payable are described at paragraph 2.8 above.

3.2 Payment of Fees

Payment shall be processed via Stripe, through the website and/or link shared by a Solvix representative.

Alternative ways to pay: via bank transfer to below account:

Payment to be made to our account in the UK:

Barclays Bank PLC, Hampstead Branch, 35 Notting Hill Gate, London W11 3HJ

Sort code: 20-47-34

Account number: 23473821

Account name: Crown Ark Ltd

SWIFTBIG BUKBGB22

IBAN GB87 BUKB 2047 3423 4738 21

Please note, that we do not accept cash.

3.3 MoneyHeld on Account

In the course of providing the Services to you, we may be required to pay disbursements or other items to third parties on your behalf. We reserve the right to request payment from you in advance of any such payments or generally on account of anticipated disbursements or other payments. We will only pay sums out on your behalf where we hold sufficient funds on account to meet the said payments. Such monies held by us is called ‘money on account’.

If any movement of money on account is to be carried out by telegraphic bank transfer, you should be aware that the banking system does not necessarily produce instantaneous transfer of such monies.  The Company cannot be held responsible for delays or errors within the banking system.  Bank charges incurred in relation to telegraphic transfers made on your behalf may be deducted by us from the money on account without specific prior notification to you.

It is the Company’s policy not to accept cash from clients. If you choose to deposit cash direct with our bank, we reserve the right to charge for any additional checks which may be necessary regarding the source of the funds.

Interest shall only be paid on money held in our client account when it is fair and reasonable to do so in all the circumstances. No interest shall be payable if the amount of interest calculated on the balance held is £250 or less. Any interest which you may receive is likely to be less than could have been obtained by deposit or investment of the money elsewhere.

Before holding any clients' money on behalf of a client the Company must first verify the identity of the client and may require from you, among other things, proof of identity and proof of your permanent home address. If, during the course of business we suspect that a transaction may involve money laundering or terrorist financing we may have to make a disclosure to the National Crime Agency or other authorised body. If we make a disclosure in relation to you, we may have to stop working on your matter for a period of time and may not be able to tell you why.

The Company currently banks with Barclays bank Plc. but reserves the right to change its bank without notice to you. In the event of the collapse of a bank in which the Company holds funds on your behalf in client account, your money could be lost. The Company will not be held liable for losses resulting from a banking failure.

3.4 Travel and Other Expenses

In the instance where the Company is required to travel for longer than 1 (one) hour to any destination, you will be required to pay £40 per each hour of travelling time of the Company. Additional expenses related to this appointment will such as travel fares (including train, taxi, air travel) and/or overnight accommodation which will also be charged to you. The Company reserves the right to deduct sums in respect of any such expenses from any money on account held by us on your behalf without prior notice to you.

3.5 The Company’s fee shall not include any extra or additional services such as the translation of documents and/or any other service that you may require, which shall be agreed by the Parties and charged in addition to the Company’s Fees.

3.6 Payment and Refund

No refund will be given in respect of a cancellation on or after the agreed search start date or once we have started work as per your instructions (if sooner than the agreed search start date).

4. Term &Termination

4.1 This Agreement shall become effective on the date upon which we accept your instructions to provide services to you and shall continue in force for a period of one (1) year whereafter it shall terminate automatically unless the Parties have agreed to continue with or renew the Agreement.

4.2. Notwithstanding Paragraph 4.1, either party may at any time terminate this Agreement in the following circumstances:

(i) Upon notice in writing by one party to the other of not less than 7 working days.

(ii) For the avoidance of doubt where early termination is requested by the Client, the Company shall not be obliged to give any refund to the Client, save that any money on account held by us on your behalf, and not used or not required to satisfy any outstanding debt or due payment, shall be returned to you by payment back into the originating bank account or by credit-back to your credit card as used to make the original payment to us.

(iii) Where early termination is requested by the Company you will receive a refund of the Fees in a sum pro-rata to the unused period of the Agreement and any money on account held by us on your behalf, and not used or not required to satisfy any outstanding debt or due payment, shall be returned to you by payment back into the originating bank account or by crediting your credit card as used to make the original payment to us. We do not offer refunds on the initial prepayment,  if work has already been commenced by us in respect of the Services.

(iv) Forthwith if the other party commits an act of bankruptcy, becomes insolvent, makes an assignment for the benefit of its creditors, or enters into any arrangement [or composition] with its creditors, or in the event that any proceedings shall be commenced by or against the other party under any bankruptcy or insolvency laws, or proceedings for the appointment of a receiver or any other official with similar powers are commenced;

(v) Forthwith in case of the other party’s winding-up.

(vi) Forthwith by the Company in the event of the death or incapacity of the Client.

(vii) Forthwith by the Company in the event of any suspicion by the Company of money-laundering, terrorist financing, corruption or suspicion of other unlawful conduct by the Client or in respect of any transaction relating to the Client.

(viii)If the other party commits a breach of any of the material terms and conditions of this Agreement, which breach is not cured within 30 days of receipt by the party in breach of a notice setting out the breach and calling upon the party in breach to remedy it.

4.3. If this Agreement is terminated pursuant to paragraph 4.2 above, such termination will not affect any previous rights, claims or liabilities of either party created or incurred prior to termination.

5. The Company’s liability

5.1 The Company will not inspect any deeds,agreements make written enquiries or undertake any local or other searches or carry out any due diligence or other such matters howsoever. The Company will not undertake inspection of building(s), works, equipment or appliances. The Company will not do anything which would ordinarily require the assistance of a legal professional, financial professional, surveyor, engineer or other relevant qualified party. If you do not have a solicitor the Companymay, at your request, recommend an appropriate and experienced solicitor or other professional to deal with legal and other required matters on your behalf. The Company may, at your request, liaise with your appointed professional(s) on your behalf. You shall be directly liable and responsible for payment of the Solicitor’s and all/any other professional fees and disbursements.

5.2 Unless caused by the Company’s gross negligence in providing the service no liability shall be attached to the Company whether it be in contract, tort or otherwise for any damage, loss, injury, or legal or other expenses incurred as a result of:

a. any defect whether latent or apparent or failure to identify any defect in a property, appliances, furnishings, fixtures and fittings;

b. any forecast by the Company of market rents, or future income or expenditure;

c. the Company having relied upon you to provide all relevant information;

d. the omission, act or insolvency of any person other than the Company.

5.3 The Company shall not be held liable to indemnify you in respect of any claims made by a third party for any damages, loss, injury, or legal or other expenses as referred to in clauses 5a to 5d or otherwise howsoever unless caused by the Company’s gross negligence.

5.4 The Company shall in no circumstances be made liable for any damage or loss or consequence save where death or injury results from the Company’s negligence.

For the avoidance of doubt any property purchased or rented by you shall be at your own risk. you acknowledge that you are responsible for making your own enquiries, searches, surveys etc and instructing your own professional or other qualified advisors in respect thereof.

5.5 If we supply goods or services to you from a third party source the Company does not give any warranty or guarantee as to their quality, fitness for purpose or otherwise but shall, where possible, assign to you the benefit of any warranty, guarantee or indemnity given by the person supplying those goods or services to you via the Company.

6. Contact between You and the Company

a. you agree to liaise and instruct the Company in a timely manner. Communications received out of office hours including weekends and bank holidays shall be dealt with in the next working day or as soon as is practicable.

b. you will immediately inform the Company of any changes in circumstances which may affect the service provided.

c. You hereby confirm and agree that the Company has your full authority to correspond and liaise directly with your appointed lawyer/solicitor/conveyancer/expert or other party or representative (together “third party representative”) appointed by you in respect of all matters pertaining to any service provided  by the Company; and you undertake to inform the third party representativeof this authority promptly if required.

d. You hereby confirm, agree and undertake that you will be directly responsible to the third party representative in respect of their terms and conditions of service and directly responsible for payment of third party representatives’ fees and disbursements; save that we shall be authorized by you to settle any such fees from available money on account which we may hold on your behalf.

7. Personal Data Information Notice

The Company is committed to protecting the privacy and security of your personal data.

As an intermediary providing the Services, the Company is a “data controller”.

We collect and use relevant information about you to provide the Services to you. This information may include details such as your name, address, date of birth, passport, nationality details, other contact details and any other information that we collect about you in connection with the Services we provide to you.

You hereby consent to the Company to process relevant categories of information about you to enable us to provide the Services to you. You may withdraw your consent at any time. However, if you withdraw your consent, this may affect our ability to provide the Services to you.

Your information may be shared with, and used by, a number of third parties in the relevant sector including (but not limited to) for example, sellers, landlords, agents, lawyers, accountants, banks, insurers, surveyors, engineers, technicians, loss adjusters, sub-contractors, regulators, law enforcement agencies, fraud and crime prevention and detection agencies. We will only disclose your personal information in connection with the Services that we provide and to the extent required or permitted by law.

Where you provide us with details about other people, you must provide this notice to them.

8. Amendments

These terms and conditions may be subject to reasonable change without notice, but where the Company has received a signed instruction and initial payment the terms and conditions shall remain in full force until the service has been completed or the agency terminated by either party subject to clause 4.

9. Force majeure

Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including fire, natural disaster, terrorist strike, war or military hostilities and strikes of employees. It does not include merely inclement weather conditions.

10. Indemnity

You agree to protect, indemnify and hold harmless the Company, its affiliates officers directors and employees from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, brought by the Seller or the Landlord and/or any third parties as a result of your breach of this Agreement or breach of any third party representatives’ Terms and Conditions and/or the violation of any law or the rights of the any third party.

11. Law &Jurisdiction

11.1 This agreement shall be governed by and construed in accordance with the laws of England & Wales and subject to the exclusive jurisdiction of the English courts (except for the purposes of enforcing any judgment or award of the English courts in another jurisdiction).

12. Anti-corruption

a. Each party understands and agrees that it will not participate in any corrupt practices and that each party will ensure that its representatives, agents and sub-agents will not participate in any corrupt practices.

b. Either party shall be entitled to terminate this Agreement in the event of a corrupt act by the other party where the corrupt activity goes to the root of the contract.

13. Effects of termination

Termination of this Agreement, however caused, shall be without prejudice to any rights or liabilities accrued at the date of termination.

14. Entire agreement, waiver, severance & interpretation

b. Each party acknowledges that, in entering into this Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this agreement.

c. No failure or delay by a party to exercise any right or remedy provided under this Agreementor by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

d. Nothing herein is intended to confer any rights or remedies upon any person other than the parties hereto; and nothing herein will confer any rights to any person under the contracts (rights of third parties) act 1999.

e. the Company is acting under the agreement as an independent contractor. Nothing herein shall be construed to place you and the Company in the relationship of employer and employee, principal and agent, partners or joint venturers.

f. This agreement is in respect of services and the parties recognise that the Company is not a commercial agent within the meaning of the commercial agents (council directive) regulations 1993.

g. If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this agreement, and the validity and enforceability of the other provisions of this agreement shall not be affected.

h. Headings are used in this agreement for the convenience of the parties only and shall not be incorporated into this agreement and shall not be deemed to be any indication of the meaning of the clauses or schedules to which they relate.

i. this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors.

j. These Terms & Conditions are for the benefit of the parties to it and are not intended to be enforceable by any other party.

YOU, THE CLIENT CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS & CONDITIONS AND HAVE ACCEPTED THEM.

Your acceptance of these terms is confirmed as follows:

1) Via our website: Prior to making a payment you will be prompted to tick the box indicating that you have  agreedto our T&Cs& Privacy policy.

2) Via payment link:Prior to making a payment you will be prompted to tick the box indicating that you have  agreed to our T&Cs & Privacy policy.

3) By confirmation from you in writing to hello@solvix.co.uk