Terms and Conditions
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BACKGROUND
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Our Terms and Conditions, as well as any and all other documents referenced herein, set out the terms under which Services are sold and provided by our businesses, which include Whitesky Properties Ltd ,Whitesky Homes Ltd, Whitesky Property Sourcing Limited.
Please read these Terms of Sale carefully and ensure you understand them before ordering Services. When ordering services, you will need to read and accept these Terms of Sale. The Terms of Sale, as well as any and all Contracts, are in English only. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase Services through our business.
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DEFINITIONS
1.1 “Conditions” means these terms and conditions set forth in clause 1 (Interpretation) to clause 14 (General) (inclusive).
1.2 “Contract” refers to the agreement between the Supplier and Customer for the delivery of the Courses according to these Conditions and the Contract Details
1.3 “Intellectual Property Rights include patents, patents to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, trade dress rights, goodwill rights, the right to sue for unfair competition or passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights. Whether registered or unregistered, and including all applications and rights to apply for, be granted, renew, extend, or claim priority from such rights, as well as any similar or equivalent rights or forms of protection that exist in any part of the world or that will exist in the future.
1.4 “Price” refers to the price the Customer pays to the Supplier for the provision of services.
1.5 Interpretation
1.5.1 Legislation or legislative provisions are referenced as follows, unless expressly provided otherwise in this Contract:
(a) refers to it as amended, extended, or re-enacted from time to time; and
(b) Subordinate legislation under that legislation or legislative provision shall be included.
1.5.2 All words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not restrict the sense of the words, description, definition, phrase or term preceding.
1.5.3 The term “writing” includes email but not fax.
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2. Basis of contract
2.1 The Contract shall commence on the date both parties sign it (Commencement Date).
2.2 The Customer enters into this contract to receive the Service, which is designed to help grow their property business.
2.3 The contract consists of the following:
(a) A description of the contract.
(b) the terms and conditions.
2.4 In the event of a conflict or ambiguity between the terms of the documents listed in paragraph 2.3, the higher-ranking document has priority over the lower-ranking document.
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3. Financial risk
3.1 The Customer acknowledges that the Service is designed to help grow their property business, and does not constitute investment advice.
3.2 As a result of receiving the Service, the Supplier does not represent or promise the financial success or risk of the Customer’s decisions. As a result of any decision the Customer makes regarding buying, selling, renting, or taking out any loans or other financing for a property investment, the Supplier shall not be liable for the outcome of the decision.
3.3 In order to make an informed decision about whether to invest in property and whether there are risks and consequences involved, the Supplier strongly recommends that the Customer obtain independent advice.
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4. The Customer’s obligations
4.1 It is the Customer’s responsibility to:
4.1.2 Work cooperatively with the Supplier on all Service related matters and tasks;
4.1.3 Make sure information in the Contract Details is complete and accurate;
4.1.4 Make available to the Supplier any information and materials the Supplier may reasonably need to supply the Service to the Customer; and
4.1.5 If the Customer has any issues with the Service, please contact info@Whitesky Homes.com and refrain from public comments.
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5. In the event that the Customer prevents or delays the Supplier’s performance of its obligations under the Contract, the Supplier shall:
5.1.1 In no event will it be liable for any costs, charges, or losses incurred or sustained by the Customer as a result of such a delay or prevention;
5.1.2 Still be able to collect the Charges regardless of any such prevention or delay; and
5.1.3 Recover any additional costs, charges, or losses that arise directly or indirectly from such a delay or prevention.
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6. Price and payment
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6.1 In accordance with the Contract Details, the Customer shall pay the Supplier the Price.
6.2 VAT may be included in all amounts payable under the Contract by the Customer, and will be stipulated upon invoice.
6.3 In accordance with the Contract Details, the Customer must pay the Supplier in full and in cleared funds on the date of purchase.
6.4 If the Customer fails to make a payment due to the Supplier under the Contract by the due date, then the Supplier may (without limiting its remedies under clause 12 (Termination):
6.4.1 the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum. Interest under this clause 6.4 will accrue each day at 8% a year above the Bank of England’s base rate from time to time, but at 8% a year for any period when that base rate is below 0%.
6.4.2 Until full payment has been received by the Supplier, all Services may be suspended.
6.5 No matter if the Customer follows through with the Service or not, all amounts due under the Contract must be paid in full without setoff, counterclaim, deduction or withholding. In the absence of action or participation in the Service, customers are not automatically entitled to another service. This will be determined by the Supplier.
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7. Intellectual property rights
7.1 The Supplier, affiliates, partners and licensors shall remain the owner of any intellectual property rights arising from or related to the Services.
7.2 The Customer shall not use the Supplier’s Intellectual Property Rights (other than to consume the Services), copy, exploit, modify, or otherwise make use of them.
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8. Confidentiality
8.1 No confidential information concerning the other party’s business, affairs, customers, clients, or suppliers shall be disclosed to anyone at any time. Any strategies, plans, tactics, schemes, systems or information provided to the Customer as a result of the Services shall not be passed on or disclosed to others.
8.2 Neither the Customer nor any person employed, engaged or interested in any business that would directly or indirectly compete with any part of the Supplier’s business shall offer services similar to the Services (whether in a personal or business capacity).
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9. Restrictions
9.1 Customers must not at any time represent themselves as connected to the Supplier (other than saying they obtained the Service from the Supplier).
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10. Data protection and data processing
10.1 The Supplier may film and photograph activities relating to Services for promotional and marketing purposes. If the Customer does not want to be filmed or photographed, it must inform the Supplier 24 hours in advance.
10.2 The Supplier’s Privacy Notice can be found at [LINK PRIVACY POLICY] for more information about how it uses the Customer’s personal data (e.g. for the purposes described in clause 10.1).
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11. Limitation of liability
11.1 The Supplier has obtained insurance covering its own legal liability for each claim not exceeding £5,000,000.
11.2 Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; and (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
11.3 Subject to clause 11.2, the Supplier’s total liability to the Customer (including liability in contract, tort (such as negligence), breach of statutory duty, or otherwise), arising under or in connection with the Contract shall be limited to the total Price paid by the Customer to the Supplier.
11.4 Subject to clause 11.2, the Supplier shall not be liable for the following: (a) Loss of profits (b) Loss of sales, investments or business, (c) Loss of agreements or contracts, (d) Loss of anticipated savings, (e) Loss of use or corruption of software, data or information, (f) Loss of or damage to goodwill, (g) any loss or damage which is indirect or a side effect of the main loss or damage and which the Customer and the Supplier could not anticipate nor expect to happen when the Courses started, for example if the Customer loses salary or any opportunity.
11.5 This clause 11 shall survive Contract termination.
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12. Termination and Cancellation
12.1 The Supplier may cancel the Contract by giving the Customer reasonable written notice.
12.2 The Customer may terminate the Contract at any time by delivering 7 days’ notice to the Supplier.
12.3 Where the Customer terminates the Contract under clause 12.2, the Customer shall not be entitled to any refund of the Price already paid. Clause 12.5.1 shall apply to any price not yet paid by the Customer.
12.4 Either party may cancel the Contract with immediate effect by giving the other party written notice if:
12.4.1 The other party commits a material breach of the Contract and fails to remedy it within 14 days of being notified in writing or email;
12.4.2 The other party’s financial position deteriorates to such an extent that in the terminating party’s reasonable opinion the other party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
12.5 On termination of the Contract for whatever reason:
12.5.1 When the Customer terminates the agreement under 12.2, the Supplier shall immediately receive the Price of the Service already delivered and the Price of any Service that has not yet been delivered as set out in the Contract Details.
12.5.2 The Customer shall return all materials provided to them by the Supplier. Until they have been returned, the Customer shall be solely responsible for their safe keeping. He will not use them for any purpose not connected with the Contract or Service.
12.5.3 All provisions of the Contract which expressly or by implication are intended to continue in force after termination or expiration of the Contract will remain in full force and effect; and
12.5.4 A termination or expiration of the Contract will not affect the parties’ rights, remedies, obligations, or liabilities accrued until the date of termination or expiration, including the right to claim damages for any breach of the Contract occurring prior to the termination or expiration date.
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13. Complaints and Social Media
13.1 If the Customer has feedback, questions, or complaints about the Service, they should contact the Supplier at info@Whiteskyhomes.com. All questions and complaints will be addressed by the Supplier as quickly as possible and to the best of their ability.
13.2 The Customer shall refrain from publishing any complaints, comments or feedback on public media which is false or likely to harm the Supplier’s reputation.
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14. General
14.1 Force majeure. The parties shall not be in breach of the Contract or liable for any failure to perform, or delay in performing, any of their obligations under the Contract if such failure or delay results from events, circumstances, or causes beyond their reasonable control.
14.2 Assignments and other dealings.
14.2.1 No rights or obligations under the Contract may be assigned, transferred, charged, subcontracted, declared a trust over, or otherwise dealt with without the prior written consent of the Supplier.
14.2.2 Any or all of the Supplier’s rights under the Contract may be assigned, transferred, charged, subcontracted, declared a trust over, or otherwise dealt with.
14.3 The entire agreement.
14.3.1 The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral.
14.3.2 Both parties acknowledge that no statement, representation, assurance or warranty (whether made innocently or negligently) is relied upon or any remedy is available in respect of any statement, representation, assurance or warranty that is not outlined in the Contract. The parties agree not to assert any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement made in the Contract.
14.4 Variation. Neither party (or their authorised representatives) may modify the Contract unless it is in writing and signed by both parties.
14.5 Waiver.
14.5.1 This Contract or any other right or remedy may only be waived in writing and shall not be deemed a waiver of any subsequent right or remedy.
14.5.2 Neither the failure nor the delay of a party to exercise a right or remedy provided under the Contract or by law shall constitute a waiver of such or any other right or remedy, nor will it prevent or limit the exercise of such or any other right or remedy in the future. The exercise of any right or remedy under the Contract or by law, whether single or partial, will not prevent or restrict its further exercise in the future.
14.6 Severance. The Contract shall be deemed valid, legal and enforceable to the minimum extent necessary to make it valid, legal and enforceable. This is if any provision or part-provision becomes invalid, illegal, or unenforceable. If such a modification is not possible, the relevant provision or part-provision shall be presumed deleted. As a result of this clause 14.6, any changes to or deletions of a provision or part-provision shall not affect its validity and enforceability.
14.7 There are no rights under the Contracts (Rights of Third Parties) Act 1999 for any third party to enforce any term of the Contract.
14.8 In all disputes arising out of or in connection with the Contract, or its subject matter or formation, England and Wales law shall apply.
14.9 Jurisdiction. In the event of any dispute or claim arising out of or related to the Contract or its subject matter or formation, each party irrevocably agrees that the English and Welsh courts will have exclusive jurisdiction.