TERMS & CONDITIONS2018-08-12T12:21:00+00:00

propertyCEO Standard Services Terms & Conditions

BACKGROUND:

These Terms and Conditions are represent the standard terms for the provision of services by Equeum Limited trading as propertyCEO, personalCEO and businessCEO, a Limited Company registered in England, company number 11227510, whose registered address is Unit 2, Empress Heights, College Street, Southampton, Hampshire, United Kingdom, SO14 3LA and whose main trading address is Unit 46f New Forest Enterprise Centre, Chapel Lane, Totton, Hampshire, United Kingdom, SO40 9LA.

  1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business Day” means any day other than a Saturday, Sunday or Bank Holiday;
“Calendar Day” means any day of the year;
“Contract” means the contract for the provision of Services, as set out in Clause 3;
“Deposit” means an advance payment made to Us under Clause 5.5;
“Digital Services” means those Services that are provided in a digital format including but not limited to online training courses delivered via a Members’ Area;
“Intellectual Property Rights” means copyright (and related rights), designs, patents, trade marks, and all other intellectual property rights that may exist in anything that We may create or produce as part of the Services. This includes all such rights whether they are registered or unregistered, and the rights to apply for renewals or extensions of those rights (where appropriate);
“Login ID”                 means a unique identifier allocated to you by Us upon receipt of payment that allows you to access Our Services. A Login ID is typically required to access Our digital content via a Members’ Area;
“Members’ Area” means a web portal provided by Us and which provides access to certain digitally-based Services;
“Payment Plan” means where Services are paid for in multiple payments;
“Price” means the price payable for the Services;
“Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
“Special Price” means a discounted price payable for Services which We may offer from time to time;
“Order” means your order for the Services;
“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 3; and
“We/Us/Our” means Equeum Limited trading as propertyCEO, personalCEO and businessCEO.

1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, SMS (text) message or other means.

  1. Information About Us

2.1 Equeum Limited trading as propertyCEO and personalCEO, a Limited Company registered in England under number 11227510, whose registered address is Unit 2, Empress Heights, College Street, Southampton, Hampshire, United Kingdom, SO14 3LA and whose main trading address is Unit 46f New Forest Enterprise Centre, Chapel Lane, Totton, Hampshire, United Kingdom, SO40 9LA.

2.2 Our VAT number is 295480075

  1. The Contract

3.1 These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between you and Us. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.

3.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other related documentation constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our discretion, accept.

3.3 A legally binding contract between you and Us will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. All Order Confirmations will be provided in writing.

3.4 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:

3.4.1 The main characteristics of the Services;

3.4.2 Our identity (set out above in Clause 2) and contact details (as set out below in Clause 12);

3.4.3 The total Price for the Services including taxes or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;

3.4.4 The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;

3.4.5 Our complaints handling procedure (set out in clause 13);

3.4.6 Where applicable, details of after-sales services and commercial guarantees; and

3.4.7 The duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract.

  1. Orders

4.1 All Orders for Services made by you will be subject to these Terms and Conditions.

4.2 You may change your Order at any time before We begin providing the Services by contacting Us.

4.3 If your Order is changed, We will inform you of any change to the Price in writing.

4.4 You may cancel your Order within 30 days of placing it. If you have already made payments to Us under Clause 5, the payment(s) will be refunded to you as soon as is reasonably possible and in any event within 14 Calendar Days of Our acceptance of your cancellation. All Order cancellation requests must be made in writing to Our offices at Unit 46f New Forest Enterprise Centre, Chapel Lane, Totton, Hampshire, United Kingdom, SO40 9LA. If you wish to cancel the Services after this time period, or once We have begun providing the Services, please refer to Clause 11.

4.5 We may cancel your Order at any time before We begin to provide the Services If such cancellation is necessary, We will inform you as soon as is reasonably possible. If you have made any payments to Us under Clause 5, the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation. Cancellations will be confirmed in writing.

  1. Price and Payment

5.1 The Price of the Services will be that shown in Our sales materials at the time of your Order.

5.2 If We quote a Special Price that is different to the Price shown in Our current price list, the Special Price will be valid for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.

5.3 We reserve the right to change Our Prices at any time but any such changes will not affect Orders that We have already accepted.

5.4 All Prices advertised exclude VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.

5.5 Where you have purchased digital Services from Us, upon receipt of payment you will be provided with a Login ID to access the Members’ Area. This Login ID is yours and may not be used by any third party. If it is found that you have passed your login details to a third party, regardless of whether they have used them, then We reserve the right to suspend your access to Our Services immediately, with no obligation to refund any monies paid to Us.

5.6 Where you have purchased Services from us on a Payment Plan you are liable to pay the full amount once you have accessed the Services, always subject to any other rights you may have.

  1. Provision of Services

6.1 We will provide the Services with reasonable skill and care, consistent with both the law and with the best practices and standards within the property training industry

6.2 The Services will be provided in accordance with any information provided by Us about the Services and about Us.

6.3 We will begin providing the Services on the date specified in your Order (and confirmed in Our Order Confirmation) (the “Start Date”).

6.4 We guarantee access to purchased Digital Services for a minimum period of 12 months from the Start Date of the applicable Services (the “Minimum Period”), with on-going access thereafter provided at Our discretion. Should access to Digital Services be terminated We will use reasonable endeavours to provide written notice in advance of such termination. No refund or compensation requests will be considered where We have provided access to Digital Services for the Minimum Period.

6.5 We will use reasonable endeavours to complete the Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 10 for events outside of Our control.

6.6 If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible.

6.7 If the information or action required of you under Clause 6.6 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result.

6.8 In certain circumstances, We may suspend the Services (and will inform you of such in writing).

6.9 In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before suspending the Services.

6.10 If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have settled all outstanding sums due to Us. If this occurs, We will inform you in writing.

6.11 We reserve the right to make changes to the material and content relating to the Services that We provide without giving prior notice. Such changes may be made for a number of reasons, including to reflect changes in the law and regulatory requirements, to reflect new techniques and approaches and where We deem such changes will improve or enhance Our service delivery.

  1. Problems with the Services and Your Legal Rights

7.1 We will use Our reasonable endeavours to ensure that the provision of the Services is trouble-free. Should you discover a problem with the Services We ask that you inform Us as soon as is reasonably possible.

7.2 We will use reasonable endeavours to remedy any problems with the Services as quickly as is reasonably possible and practical.

7.3 We will not charge you for remedying problems under this Clause 7 where the problems have been caused by Us, any of Our agents or employees or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, Clause 6.6 will apply and We may charge you for remedial work.

7.4 As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens’ Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 Calendar Days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. In addition to your legal rights relating directly to the Services, you also have remedies if We use materials that are faulty or incorrectly described.

7.5 As a consumer you have certain legal rights with respect to digital content. If any work produced for you under these Terms and Conditions is supplied as digital content, these rights may apply to you. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. Any digital content that We supply to you must be of satisfactory quality, it must be fit for purpose and it must match any description given by Us. Due to the nature of digital content you are unable to reject digital content which does not comply with the above; however you may have the right to a repair or replacement or, if these are not possible, to a price reduction up to the full Price. In cases where a price reduction applies, and you have already made payment(s) to Us, you may be due a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 Calendar Days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. If digital content provided by Us under these Terms and

Conditions damages your device(s) as a result of Our failure to exercise reasonable skill and care, you also have the legal right to compensation for such damage which may take the form of a repair or replacement, or financial compensation.

  1. Intellectual Property Rights and Recording Rights

8.1 During the course of providing the Services to you, We will make available to you materials that embody/embodies certain Intellectual Property Rights (such as copyright or patents).

8.2 We will retain ownership of any and all Intellectual Property Rights that may exist in Our materials.

8.3 If the Contract is cancelled under Clauses 4 or 11, you will no longer be permitted to use all or part of Our materials.

8.4 You acknowledge that all material issued to you from Us in whatever form, be it draft or final, will remain owned by Us with Our retention of full copyright. For the avoidance of doubt, you have no rights to pass any of Our issued material be it in part or in full to any third party without Our written authorisation to do so.

8.5 We reserve the right to create audio, video and photographic recordings (“Recordings”) at events arranged or hosted by Us. We may use these Recordings for marketing and training purposes. By attending one of Our events or seminars you agree that;

8.5.1 you have no objection to being recorded,

8.5.2 such Recordings may be used at Our discretion, and

8.5.3 no consideration or royalty shall be payable to you in respect of the use of such Recordings.

  1. Our Liability

9.1 All Services and related materials are provided exclusively for your personal use. We will not be liable for any loss including but not limited to loss of capital, profit, reputation, business, and business opportunity or for any interruption to business, as a result of using Our Services or materials. All materials, including any workbooks, spreadsheets, documents, training videos and related materials are issued to you in good faith and it is your responsibility to check that they are suitable for use in your specific circumstances. We will not be liable for any errors or omissions (or perceived errors or omissions) that may arise in connection with the use or application of Our materials.

9.2 We are unable to provide any warranty regarding the output or accuracy of any template spreadsheet, workbook or similar tool provided in connection with the Services. The outputs from these tools are designed to be used as a guide only, and should not be considered definitive. If you intend to use any materials as a basis for making decisions, financial or otherwise, it is your responsibility to check, adapt and amend to ensure the material is suitable for your intended use and that all factors relevant to your project have been accounted for.

9.3 All technical information and guidance provided by Us is generic and as such We strongly recommend that you seek the advice of your own professional team on all matters relating to your specific projects and or circumstances before attempting a project of your own.

9.4 For the avoidance of doubt, nothing contained within the Services or information that We supply shall be deemed to constitute any form of legal, financial or accounting advice and We strongly recommend that you seek independent advice in in respect of each of these areas for your own project, business or circumstances.

9.5 Where We identify any third party organisation this should not be considered a recommendation or endorsement of their services. You should make your own detailed enquiries in respect of any third party that you intend to engage in order to ensure they are suitable for your needs.

9.6 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

9.7 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

  1. Events Outside of Our Control (Force Majeure)

10.1 We will not be liable for any failure or delay in performing Our obligations where such failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

10.2 If any event described under this Clause 10 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

10.2.1 We will inform you as soon as is reasonably possible;

10.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

10.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;

10.2.4 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under Clause 11.3.3;

10.2.5 If the event outside of Our control continues for more than 4 weeks, We may cancel the Contract in accordance with Our right to cancel under Clause 11.6.3 and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.

  1. Cancellation

11.1 If you wish to cancel your Order for the Services before the Services begin, you may do so under Clause 4.4.

11.2 You may cancel your Order within 30 days of placing it in accordance with clause 4.4. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation.

11.3 If any of the following occur, you may cancel the Services and the Contract immediately by giving Us written notice at Customer Services Team, propertyCEO, Unit 46f New Forest Enterprise Centre, Chapel Lane, Totton, Hampshire, United Kingdom, SO40 9LA.. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. You will not be required to give notice in the following circumstances:

11.3.1 We have breached the Contract in any material way and have failed to remedy that breach within 4 weeks of you asking Us to do so in writing; or

11.3.2 We enter into liquidation or have an administrator or receiver appointed over Our assets; or

11.3.3 We are unable to provide the Services due to an event outside of Our control (as under Clause 10.2.4); or

11.3.4 We change these Terms and Conditions to your material disadvantage.

11.4 We may cancel your Order for the Services before the Services begin under Clause 4.5. Once We have begun providing the Services, We may cancel the Services and the Contract at any time by giving you 14 days’ written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.

11.5 We may cancel the Services and the Contract by giving you 14 days’ written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. We will not be required to give 14 days’ notice in these circumstances:

11.5.1 You fail to make a payment on time as required under Clause 5; or

11.5.2 You have breached the Contract in any material way and have failed to remedy that breach within 14 days of Us asking you to do so in writing; or

11.5.3 We are unable to provide the Services due to an event outside of Our control (for a period longer than that described in Clause 10.2.5).

11.6 For the purposes of this Clause 11 (and in particular, Clauses 11.3.1 and 11.5.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under Clause 11.3.1 and Us under Clause 11.5.2). In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

  1. Communication and Contact Details

12.1 If you wish to contact Us, you may do so by email at support@propertyceo.co.uk

12.2 In certain circumstances you must contact Us in writing (when cancelling an Order, for example, or exercising your right to cancel the Services). When contacting Us in writing you may use the following methods:

12.2.1 Contact Us by email at support@propertyceo.co.uk;

12.2.2 Contact Us by pre-paid post at Equeum Ltd, Unit 46f New Forest Enterprise Centre, Chapel Lane, Totton, Hampshire, United Kingdom, SO40 9LA.

  1. Complaints and Feedback

13.1 We always welcome feedback from Our customers and, whilst We use reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

13.2 All complaints are handled in accordance with Our complaints handling policy and procedure.

13.3 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:

13.3.1 In writing, addressed to Equeum Ltd, Unit 46f New Forest Enterprise Centre, Chapel Lane, Totton, Hampshire, United Kingdom, SO40 9LA.

13.3.2 By email, at support@propertyceo.co.uk

  1. How We Use Your Personal Information (Data Protection)

14.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held

14.1.1 in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act; and

14.1.2 as set out in our Privacy Notice which can be accessed at www.propertyceo.co.uk/privacy-notice.

14.2 We may use your personal information to:

14.2.1 Provide Our Services to you.

14.2.2 Process your payment for the Services.

14.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.

14.2.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

  1. Other Important Terms

15.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

15.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

15.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

15.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

15.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of

a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

  1. Governing Law and Jurisdiction

16.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.

16.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.

16.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

Last updated 12/08/18

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