1.1 The following terms of business (the “Terms”) form the basis of the agreement between Aston Eaves, having its trading office at 26 York Street, London, W1U 6PZ and its registered offices 11 & 12 Bispham Village Chambers, 335 Red Bank Road Bispham, Blackpool, Lancashire, FY2 0HJ, UK. (“Aston Eaves”) and the Client (the “Agreement”).
1.2 Aston Eaves act as an intermediary and agent for property sellers and may provide the Client with the opportunity to hold, reserve and agree to purchase properties listed on www.AstonEaves.com (the “Website”) from the seller.
1.3 Aston Eaves may also, but are not obligated to, provide additional advice and assistance to the Client after the Client has agreed with the seller to purchase a property.
2.1 Media belonging to Aston Eaves may contain information about properties available for purchase from a third party, the value of the properties and the level of investment required to purchase the properties (the “Property Information”), and the potential return that could be made by purchasing the properties (the “Financial Information”).
2.2 The Property Information is based on information from third parties. The Financial Information is based on Aston Eaves’ research and analysis of the market place. As the Property Information is reliant on third party information and often time critical, and the Financial Information speculative in nature, and again often time critical, Aston Eaves do not guarantee the accuracy, reliability or completeness or otherwise of the Property Information or Financial Information.
2.3 Media belonging to Aston Eaves may contain recommendations about the services offered by solicitors, mortgage brokers, furniture suppliers, accountants, estate agents or other third parties (“Third Parties”). Aston Eaves do not guarantee the competence and reliability of the Third Parties.
3.1 Whilst every care has been taken to ensure the accuracy of the information contained in all of the media presented online and offline, Aston Eaves does not guarantee or take responsibility for the accuracy of information provided by third parties.
4.1 Aston Eaves is not a regulated or licensed investment or financial advisor. All Information provided by Aston Eaves is intended as general information regarding property matters and should never be treated as giving advice or making a recommendation. Aston Eaves strongly advise the Client exercise the same care and caution as the Client would normally use when making a substantial financial investment. The usage of a regulated financial advisor is at the sole discretion of the Client.
5.1 The client may be able to reserve a Property listed on the by Aston Eaves providing a reservation payment and completed reservation form. This means that provided the Client complies fully with terms 5.3, 5.4, 5.5, and 5.6 no other Aston Eaves client will be able to place that Property on reservation or hold.
5.2 Aston Eaves will confirm to you, details of any Property that the Client has reserved and the reservation fee payable. We will then send the reservation form to You by post, email.
5.3 Aston Eaves must receive as a reservation fee in the form of a BACS transfer or credit/debit card payable to the Seller (unless otherwise stated on the Website) within 24 hours of the same day as reservation in order to put a hold on the Property.
5.4 As soon as the Client has forwarded their reservation fee, the Client must email Aston Eaves at [email protected] with a copy of the payment proof. If Aston Eaves do not receive the reservation fee or payment is rejected, the hold placed on the Property will be removed and the Property will be re-listed for sale.
5.5 The reservation form must be signed and returned to Aston Eaves as soon as possible; in any event Aston Eaves must receive the reservation form within two business days of the Property being held. If Aston Eaves do not receive the reservation form within the required two business days, the hold placed on the Property will be removed and the Property will be re-listed for sale.
5.6 Once Aston Eaves have received the reservation fee and a signed reservation form, Aston Eaves will instruct their solicitor to start processing the sale of the property inquestion.
6. CHANGES TO SCOPE
6.1 Aston Eaves may change these Terms on giving no less than 30 days notice. The Client will be notified of any change to these Terms by email and changes posted on the Website. If the Client decides not to accept any change made to these Terms, the Client must inform Aston Eaves, in writing, within 3 working days of receiving the e-mail, otherwise the Client will be deemed to have accepted the change.
7. OWNERSHIP AND USAGE.
7.1 he client acknowledges that all rights, title and interest in the confidential information remain the sole property of the Aston Eaves and that the client shall not obtain any such rights, title and interest by virtue of the contractual agreement or otherwise.
8.1 The client agrees to not disclose any confidential information, whether to employees, officers or directors, agents and representatives or to any third party (including any commercial or professional associate or collaborator), except only in confidence and only to such employees, officers, agents, representatives or directors of the Recipient (if applicable) who need to see and review for the Purpose; and not use any of the confidential information to procure a commercial advantage over the Aston Eaves or to develop, or help or assist others to develop an alternative to Aston Eaves.
8.2 Aston Eaves may use the Clients personal information to notify the Client about important changes or developments to services. Further, Aston Eaves may also use Your information to let the Client know about other products and services which Aston Eaves offer which may be of interest to the Client and Aston Eaves may contact the Client by e-mail, post or telephone. If the Client does not want to be contacted by Aston Eaves, then the Client must let Aston Eaves know in writing.
9.1 If any Term of this Agreement is held by a competent authority to be invalid or unenforceable in whole or in part, the validity of the other Term of this Agreement and the remainder of the Term in question shall not be affected.
10.1 It is intended that this Agreement contains the entire Agreement between The Client and Aston Eaves and supersedes any previous Terms in relation to the matters with which it deals, including Aston Eaves’s Website Terms and conditions.
10.2 If this Agreement does not set out all of the terms of Aston Eaves’ agreement with the Client, then the Client must notify Aston Eaves in writing within 5 days of any such statement being made.
11.1 If an agreed reservation is cancelled by the client prior to contracts being forwarded to the clients legal representative, Aston Eaves will have the right to refund the reservation amount less an administration charge of 20%. If an agreed reservation is cancelled by the client once contracts have been forwarded to the clients legal representative, Aston Eaves will have the right to retain the entire reservation fees.
12.1 All parties understand that all information in this contract will be recorded electronically with Aston Eaves. No physical records will be held and the reservation transaction will be regarded as having been carried out during the normal course of Aston Eaves’ business. The electronic records of Aston Eaves will form the record for all purposes and may be used as evidence at any proceedings.
13. GOVERNING LAW
13.1 This Agreement is governed by the laws of the UK.