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Terms and Conditions

Terms and Conditions

These Terms and Conditions (“Terms”) govern your use of the services provided by South West CPM Ltd (“we,” “us,” or “our”), a company registered in England and Wales under company number [Insert Company Number], with its registered office at [Insert Address]. By engaging our services, you (“Client,” “you,” or “your”) agree to be bound by these Terms.

  1. DEFINITIONS
  • Client: The person or entity entering into an agreement with South West CPM Ltd for the provision of services.
  • Services: The commercial property management services, consultancy, and related support as detailed in the service agreement.
  • Agreement: The signed service agreement and these Terms.
  • Confidential Information: Any non-public information disclosed by one party to the other in connection with the Services.
  1. SCOPE OF SERVICES

We provide a range of commercial property management services, including but not limited to:

  • Tenant management
  • Financial management
  • Repairs and maintenance coordination
  • Compliance and safety
  • Service charge management
  • Legal and regulatory support
  • Sustainability consultancy

Any specific services provided will be detailed in a separate agreement signed by both parties.

  1. CLIENT OBLIGATIONS
  • Provide all necessary documentation and information promptly.
  • Cooperate with us in all matters relating to the Services.
  • Comply with all laws and regulations relating to the property.
  • Ensure appropriate insurance coverage for all managed properties.
  • Warrant that you have the full legal right, authority, and capacity to enter into this Agreement and to authorise us to act on your behalf in the provision of the Services.
  1. FEES AND PAYMENT
  • Fees will be as agreed in writing.
  • Invoices are payable within 14 days of the invoice date unless otherwise stated.
  • We reserve the right to charge interest on overdue sums at 8% per annum above the Bank of England base rate.
  • Any additional or unforeseen work outside the agreed scope may incur additional charges.
  1. TERM AND TERMINATION
  • The Agreement will continue until terminated by either party with 1 month’s notice in writing.
  • We may terminate this Agreement immediately if:
    • You breach any material provision of this Agreement;
    • You become insolvent;
    • It is necessary to do so to comply with applicable law.
  • Upon termination, all unpaid fees shall become due immediately.
  1. LIMITATION OF LIABILITY
  • Our liability for any claim arising out of or in connection with the Services shall not exceed the total fees paid in the 12 months preceding the event.
  • We shall not be liable for indirect, special, or consequential losses.
  • We make no representations or warranties that specific outcomes (including tenant retention, financial returns, or uninterrupted service) will be achieved.
  • Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence, fraud, or any other liability which cannot be excluded or limited by law.
  1. INSURANCE

We maintain professional indemnity insurance and public liability insurance appropriate to the Services provided. Proof of coverage is available upon request.

  1. CONFIDENTIALITY
  • Both parties agree to maintain the confidentiality of any Confidential Information disclosed during the course of the Agreement.
  • This obligation shall continue for 5 years after termination of the Agreement.
  1. INTELLECTUAL PROPERTY
  • Any intellectual property developed during the provision of the Services remains the property of South West CPM Ltd unless otherwise agreed.
  • You may not reproduce, distribute, or exploit any materials or documents provided without prior written consent.
  1. DATA PROTECTION
  • We comply with the Data Protection Act 2018 and UK GDPR.
  • For more information on how we process personal data, please refer to our Privacy Policy.
  1. SUSTAINABILITY
  • We aim to implement environmentally responsible practices and will work with Clients to achieve sustainable property management solutions.
  • This includes recommending eco-friendly solutions and compliance with environmental regulations.
  1. THIRD-PARTY SERVICES
  • We may engage third-party contractors or suppliers on your behalf.
  • We will take reasonable care in selecting and managing third parties but accept no liability for their performance.
  1. FORCE MAJEURE

We are not liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, pandemics, or government actions.

  1. NON-SOLICITATION

You agree not to solicit or employ any of our employees, agents, or subcontractors for a period of 12 months following termination of the Agreement.

  1. DISPUTE RESOLUTION

In the event of any dispute or claim arising under this Agreement, both parties agree to attempt to resolve the matter in good faith through informal negotiations. If unresolved, the matter may be referred to mediation before commencing legal proceedings, unless urgent injunctive relief is required.

  1. INDEMNITY

You agree to indemnify and hold harmless South West CPM Ltd, its directors, employees, and agents against all claims, losses, liabilities, damages, and expenses (including legal fees) arising out of or in connection with:

  • Your breach of these Terms;
  • Any negligence or willful misconduct on your part;
  • Your failure to comply with applicable laws or regulations;
  • Any dispute between you and a third party, including tenants or contractors.
  1. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.

  1. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

  1. VARIATION

We reserve the right to update these Terms at any time. Any changes will be communicated to Clients and take effect immediately unless otherwise stated.

  1. ENTIRE AGREEMENT

These Terms, along with any service agreement, represent the entire agreement between the parties and supersede any prior understanding or representation.

  1. CONTACT

For any questions regarding these Terms, please contact:

South West CPM Ltd
The Old School House, Frog Hill, Ponsanooth, Truro, Cornwall, TR3 7JW
Email: [email protected]
Phone: 01872 301801