Terms of Business 

Below are the terms and conditions (‘T&Cs’) for property investment services provided by ‘KOVE Properties LTD’ (“KOVE Properties”, “KOVE”, “We”). By agreeing to these T&Cs, you as the ‘Client’ (‘You’) are bound by the terms and conditions contained. 

All client’s must have read and agreed to the terms and conditions before conducting any business with KOVE. If you are unsure about any terms, please contact KOVE (via this email only [email protected] ) with your query. 

1. Compliance 

KOVE Properties is a legally compliant property sourcing and investments company with the following accreditations in place: 

• member of the Property Redress Scheme (‘PRS’) 
• Professional Indemnity Insurance and Public Liability 

Insurance 

• Data Protection Licence (ICO) 
• Anti-Money Laundering Registration with HMRC 
  
  

2. Services provided by KOVE Properties. The “Services” 

2.1. KOVE Properties provides end-to-end property investment services to its clients in return for fees. The “Services” include: 

• Assignment of a dedicated Buyers Agent to assist in identifying tailored property investment opportunities. 
• Sourcing investment properties that match your criteria 
• Analysis and creation of a 10 paged pack showcasing the due diligence for the property 
• Offering and securing properties on your behalf 
• Access to our extensive network of expert property professionals (including mortgage brokers, solicitors, lenders, surveyors) 
• Sales progression handling and support (including chasing agents, solicitors multiple times a week) and weekly updates to you 
• Booking a level 2 home-buyers survey and reviewing the 100-page 

document 

• Organising contractor visits at the property and finalising all refurbishment costs and plans 
• Working with our partner contractor to ensure works are completed on time and within budget 

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• Regular updates on the refurbishment progress 
• Liaising with management companies to ensure property is let promptly 

2.2. This service and fees are named: ‘KOVE VIP” whereby we exclusively source, to order, a deal to client specified requirements (Fees as stated at time of deal sent. Fees stated exclude VAT) 

2.2.1.The client agrees to use KOVE’s recommended partners including Project Management, Property Management, Surveyors, Solicitors, Brokers when buying a property deal through “KOVE VIP”. 

2.2.2.The client must use KOVE Interiors LTD for furniture installation when purchasing a SA property through KOVE’s services. 

2.3. KOVE acts as an agent for the client in the transaction. KOVE is not a licensed investment advisor, nor a licensed estate agent. KOVE is not authorised by the Financial Conduct Authority to provide investment or financial advice. 

2.4. No communication from KOVE is intended to be, or should be construed as, an invitation or inducement (direct or indirect) to any person to engage in investment activities. 

3. Working with us 

To become a client, you will need to complete the following: 

3.1. Have an initial intro call discuss what you are looking for and to ensure that the client is eligible to invest (including, that the client is able 

to obtain a mortgage and has a minimum of £35k to invest if UK 

based. £60k+ is required if you are based outside of the UK). 

Should the client be eligible the client is required to provide the 

following documents and update them annually: 

3.1.1.A copy of your Passport or any form of Proof of Identity such as 

Driving Licence for each company Director (if applicable) 

3.1.2.A copy of a bank statement or utilities bill (except mobile phone) within the most recent 3 months for Proof of Address for each company Director (if applicable) 

3.1.3.A copy/snapshot of your current bank statement (not longer than 1 month old) for Proof of Funds (minimum £35k for Purchase deals) 

3.1.4.If you are buying a property in your company name, KOVE Properties will also need the following documentation (information collected via our online ‘Client Qualification Form’): 

3.1.4.1. Company name 

3.1.4.2. registration number 

3.1.4.3. company registered address 

3.1.4.4. business address (if different) 

3.1.4.5. Names of ALL directors and shareholders 

3.1.4.6. Names of any person or company with a beneficial interest 

This enables KOVE Properties to comply with UK Money Laundering legislation but also allows KOVE Properties to act fast in buying sourced properties that meet your criteria 

3.2. Note: Should your deal requirements change then should book in an update call with your Buyers Agent 

3.3. The Client will have a Strategy meeting with KOVE and complete our ‘VIP requirements form’, their requirements for property, location, performance Estimates with estimated rental / ROI yields. 

3.4. We will start the KOVE VIP process once the client has paid the VIP 

commitment fee. Payment to be made by online payment link only. 

This Commitment fee is non-refundable and is only applicable for one sourcing deal. 

3.5. Should no ‘VIP requirements form’ be completed the client agrees that they must select one of the deals provided to them after the strategy call, which will be aligned to the verbal requirements discussed in the Strategy call with KOVE. Failure to not select a deal will result in the VIP services being voided and KOVE will retain the commitment fees to cover the work and time completed. 

3.6. Properties will be sourced to match the client’s specific requirements (as outlined in their “VIP requirements form”). KOVE Properties will make reasonable efforts to match the client brief with suitable properties available in the market. 

3.6.1.Property Presentation: Within a reasonable timeframe, KOVE Properties will forward a minimum of three (3) suitable properties to the client for consideration. The presentation will include relevant details and information about the property, such as location, size, features, price, and any other relevant data that assists the client in making an informed decision. 

3.6.2.Service Period: The service period for property sourcing and matching shall commence upon KOVE Properties’ confirmation of receipt of the commitment fee from the client. The commitment fee serves as an acknowledgement of the client’s intent to use KOVE Properties’ services and secures their position in the property sourcing process. 

3.6.3.Duration: The initial service period shall be six (6) months. During this time, KOVE Properties will actively search for suitable properties that match the client’s criteria – and present them from the start of this period. During this time KOVE will do everything possible to meet the client’s criteria and if the market does not enable this, will suggest alternatives to enable an investment within the 6 months. 

If, after the initial six-month period, the client has not successfully acquired a property through KOVE Properties’ services, KOVE Properties reserves the right to extend the agreement at its sole discretion. The client may be offered an optional extension, subject to KOVE Properties’ evaluation of the client’s commitment and genuine intent to proceed with the property acquisition process. KOVE Properties may also require the client to pay an additional fee for the extension period, as mutually agreed upon between the parties. 

In the event that the client declines the extension offer or fails to respond to KOVE Properties’ extension proposal within a reasonable timeframe, KOVE Properties shall have the right to terminate the agreement without further obligation or liability towards the client and will retain the commitment fee. 

KOVE Properties shall not be held responsible for any delays or difficulties faced by the client in acquiring a property during the initial or extended service period, or in the event of a change in circumstances for the client. The client acknowledges that the property market can be competitive and dynamic, and property availability may vary based on market conditions. 

KOVE Properties retains the right to cease property sourcing efforts if the client’s requirements significantly deviate from their initial VIP requirements form or if the client engages in any unethical, fraudulent, or illegal activities during the property acquisition process. 

This clause does not obligate KOVE Properties to guarantee the availability of suitable properties meeting the client’s specific criteria. While KOVE Properties will make all reasonable efforts to match the client brief with suitable properties, it is understood that the property market is subject to various external factors beyond KOVE Properties’ control. 

Any dispute arising out of or related to this clause, or the agreement as a whole shall be subject to mediation or arbitration in accordance with the UK law with each party bearing its own costs associated with such proceedings. 

3.6.4.Property Suitability: While KOVE Properties strives to present suitable properties that match the client’s requirements, it is important to note that the availability of properties meeting the exact criteria cannot be guaranteed. The property market is dynamic, and property availability may vary over time. 

3.6.5.Property Acquisition: KOVE Properties’ role is limited to sourcing and presenting potential properties to the client. The client retains full discretion in selecting and acquiring any property presented by KOVE Properties. 

3.6.6.Fall-throughs: KOVE will source further properties if the deal falls through for reasons outside of the control of KOVE or the Client (see clause 6 for full terms). At this point the 6-month period will restart. 

3.7. If, in the unlikely event that, within the initial six-month period, KOVE Properties identifies at least three properties that meet the client’s specified criteria as outlined in their ‘VIP requirements form, (or verbally agreed on Strategy call or thereafter) but the client chooses not to proceed with the purchase of said property, the full commitment fee paid by the client shall be non-refundable and retained by KOVE Properties. 

It is the client’s responsibility to promptly communicate their decision regarding the presented property, either proceeding with the purchase or declining the opportunity. Failure to communicate the decision within a reasonable timeframe may result in the commitment fee becoming non-refundable. 

KOVE Properties shall not be held liable for any delays or difficulties faced by the client in making a decision regarding the presented property or any external factors that may impact the client’s ability to proceed with the purchase. 

The client acknowledges that the commitment fee is a genuine reflection of their intent to utilize KOVE Properties’ services and secure priority in the property sourcing process. By proceeding with the payment of the commitment fee, the client agrees to the non-refundable nature of the fee as described in this clause. The non-refundable commitment fee provision applies irrespective of any change of client circumstances, any external factors, market fluctuations or changes in the property’s availability that may occur after the property has been presented to the client. 

This provision does not affect the client’s rights to pursue the purchase of other properties through KOVE Properties’ services during the initial six-month period. 

3.8. Note that different deals may attract different fee ranges and we will always notify fees in advance to clients 

3.9. KOVE states clients should use our recommended partners for the benefit of the client. Utilizing our expert partners ensures access to specialized knowledge and resources, enhancing the quality and efficiency of the investment process. They possess specialized knowledge in the property types and areas KOVE operate in, and are well-versed in our investment process, ensuring a seamless and informed experience for our clients. Please be aware that not opting to use KOVE’s recommended partners could lead to less favourable results and potential challenges 

4. Securing a deal process and terms 

Once the VIP commitment fee has been paid, we will: 

4.1. Research suitable properties and arrange viewings of the concerned properties. Viewing video and photos will always be available to the client upon request. 

4.2. Negotiate your deal(s) with the landlord, vendor and or estate agent 

concerning: 

– Purchase price – Sale duration – Whether a deposit is payable (rent to 

rent “r2r’) – Any rental free period (r2r) – Whether the property will be fully 

furnished/partially furnished/unfurnished – Duration of contract (r2r) 

4.3. For rent to rent (“r2r”) deals, KOVE Properties are responsible for your contract if the deal is direct to the landlord. If the deal is through an Agency, we will guide you through the referencing process and next steps. 

4.4. For purchases, we will assist the client’s solicitor with any required details in order for them to draw up contracts 

4.5. For R2R arrange for contract signing and handover of keys to property 

4.6. For all purchases, our partner’s will project manage the refurbishment and setup of the property. Separate and appropriate fees and T&Cs apply and will be provided at the relevant stage of the project. KOVE is not responsible or liable for the quality of services provided by partner companies however will only work with trusted partners who ensure high quality. KOVE is committed to providing a high-quality product to clients. 

4.7. The client gives authorisation to KOVE in obtaining a copy of the mortgage valuation and any other required legal documents, when necessary for sales progression purposes only. 

5. Fee and Refunds 

5.1. Our ‘Sourcing Fee’ will vary according to the size/type of deal and for all fees the client is required to pay the VAT in addition to the figure stated. 

5.2. KOVE Properties strictly adheres to a no-refunds policy on any fees paid by clients. In the event that a property deal falls through due to any of the following reasons: 

5.2.1.The property deal not being as described; 

5.2.2.Unforeseen circumstances with regards to the Agency/Landlord; or 

5.2.3.Unforeseen circumstances with regards to the Property. 

KOVE Properties will undertake to replace the original deal with a similar deal that meets the client’s specified criteria. In this situation, no refunds will be provided to the client for the original deal or fees paid. 

The replacement deal will be subject to KOVE Properties’ best efforts to identify a suitable alternative property based on the client’s requirements. However, it is important to note that KOVE Properties does not guarantee an exact match to the original deal, as the property market is subject to dynamic changes and availability. 

5.3. In the event that the property deal falls through due to the acts or omissions of the client, including but not limited to: 

1. The client’s legal, financial, or personal issues; 
2. The client’s failure to provide necessary documents on time to KOVE Properties and/or relevant parties such as the Agency, solicitors, lenders, etc.; 
3. The client’s mortgage falling through or not being viable; or 
4. The client’s failure to pass agency referencing. 
   
   

KOVE Properties will not provide any refunds or replacements for the original deal. The client acknowledges their responsibility to promptly and adequately fulfil all requirements and obligations pertaining to the property acquisition process. 

The non-refundable nature of the commitment fee in such circumstances is to compensate KOVE Properties for the time, effort, and resources invested in diligently sourcing and matching properties that align with the client’s preferences. 

KOVE Properties shall not be held liable for any losses, damages, or costs incurred by the client due to the failure of the property deal purchase for reasons mentioned in section 5.2. The client is solely responsible for conducting due diligence, seeking legal advice, and managing their personal affairs during the property acquisition process. 

5.4. You will be required to pay the Sourcing Fee in full upon acceptance of a verbal offer by the KOVE team within 48 hours, on your chosen property investment. By paying this fee it will be implied that you are agreeing to these terms and conditions. 

5.5. The full sourcing fee is due prior to the offer on the property being sent to the agent/vendor in writing. Failure to make the payment will result in the client’s offer not being submitted, and may result in the client being excluded from future deals (See point 10.1) 

5.6. The investment opportunities presented by KOVE are subject to adherence with a strict payment and contractual schedule. Failure to comply with the terms stipulated by the company will invalidate the purchase and lead to loss of monies paid. Therefore, please do not proceed with any purchase or pay any monies out unless you are in a position to comply with the stipulated schedule. 

6. Information provided 

6.1. Every reasonable effort has been made by KOVE to ensure the accuracy of the information contained in all marketing literature and is based on current market conditions. However, whilst believed to be accurate, the information provided is for guidance only. KOVE makes no representation and gives no warranties as to the accuracy of the information provided and to the greatest extent permitted by law, accepts no liability for any errors, misprints or omissions (whether negligent or otherwise). Intending Clients should not rely on the information or representations of fact but must satisfy themselves through their own due diligence, their solicitor and by physical inspection of the property (or site) in question following submitting an offer or otherwise as to their accuracy. 

6.2. No person in the employ of KOVE has the authority to make or give any representation or warranty in relation to the investments. KOVE shall not be liable for any loss or damage whatsoever arising as a result of any person acting or failing to act upon information provided. 

6.3. KOVE displays information about properties on behalf of third parties for whom they are either agents or representatives and are therefore not responsible for the validity of details relating to properties shown. 

6.4. Any areas, measurements or distances given are approximate only. 

6.5. The text, photographs and plans are for guidance only and are not necessarily comprehensive. 

6.6. It should not be assumed that each property has all necessary planning, building regulations or other consents. 

6.7. For all properties, KOVE has not tested any services, equipment or facilities prior to the purchase completing, and therefore there is a risk that once the testing does occur issues and associated costs may arise. Clients must satisfy themselves by inspection or otherwise. But KOVE will do everything within their power and information to inform clients of expected issues at a property. 

6.8. All off-plan particulars are prepared from preliminary plans and specifications before the completion of each property and are intended only as a guide. 

6.9. Any specifications, plans and scope of works given could vary once the property is in refurbishment. 

6.10. Prospective Clients should not rely on this information and wherever possible, should get their solicitors to check the plans and specifications before exchanging contracts. 

6.11. KOVE is not responsible for future changes including the market or market conditions or valuations or legislation. 

6.12. Past performance is no guide to future performance. The value of the property and or/ its performance as a serviced accommodation unit can go up as well as down. KOVE accepts no responsibility or liability for future property or market changes. 

6.13. Guarantees cannot be made that any particular applicant will obtain a mortgage 10

on the investments. Nor can the value of the mortgage they will be able to obtain be guaranteed. Mortgage applications are subject to individual client status. 

6.14. No guarantees can be made regarding the resale or remortgage of any of the plots or properties acquired through our services. The client acknowledges that the property market is subject to various external factors, economic conditions, and fluctuations that may impact property values over time. While KOVE Properties will strive to provide accurate and up-to-date market information, we cannot guarantee specific outcomes or returns on investment for any property: 

6.14.1. Property Values: 

The client understands that any valuation or estimate of property value provided by KOVE Properties or its representatives is based on available market data and should not be considered as a definitive appraisal or guarantee of future property value. Property values may fluctuate due to market conditions, changes in demand and supply dynamics, and other external factors beyond KOVE Properties’ control. 

6.14.2. Investment Risks: 

Investing in properties carries inherent risks, and the client acknowledges that they are solely responsible for evaluating the investment potential and conducting their due diligence before making any property purchase decisions. KOVE Properties advises clients to seek independent financial and legal advice to assess the suitability and risks associated with any property investment. 

6.14.3. Third-Party Information: 

Any market or property-related information provided by third parties, including but not limited to developers, real estate agents, lenders, surveyors and government authorities, is obtained from sources deemed reliable. However, KOVE Properties does not guarantee the accuracy, completeness, or reliability of such information and shall not be held liable for any inaccuracies or omissions in third-party data. 

6.14.4. Limitation of Liability: 

KOVE Properties shall not be liable for any financial losses, damages, or claims arising from the resale or remortgage of properties or their values. The client acknowledges that property investments involve inherent risks, and any investment decisions are made at the client’s own risk. 

6.14.5. Independent Professional Advice: 

The client is strongly advised to seek independent legal, financial, and real estate advice before entering into any property transaction or investment. Consulting with qualified professionals will enable the client to make informed decisions based on their individual financial circumstances and objectives. 

6.14.6. Indemnity: 

The client agrees to indemnify and hold harmless KOVE Properties, its directors, officers, employees, and agents from any claims, liabilities, losses, or expenses incurred as a result of property resale, remortgage, or related investment activities. 

6.15. KOVE Properties are not liable for any additional or changes in fees, costs or charges for building refurbishments. Conversions and refurbishment costs provided are estimated only based on a 15-minute viewing of the property. We are not qualified surveyors, and costs may increase once the property is opened up, Gas and Electric checks carried out and /or fluctuations in labour and materials cost occur. Clients must ensure that they do their own due diligence. 

7. Client Responsibilities 

7.1. To commit to the property investment deal 

7.2. To ensure you can fund the deal, either cash, formal 

funding/mortgage or private investment 

7.3. To register with your appointed solicitor within 48 hours of reserving the deal for the appropriate legal services. KOVE can recommend a suitable solicitor if required. 

7.4. To transfer your “monies on account” to your solicitor within 48 hours of the 12

offer being accepted. 

7.5. To apply for funding within 48 hours of the offer being accepted if formal mortgage / bank / bridging funding is required. 

7.6. To pay for your mortgage valuation within 2 days of it being requested by the lender. To request and pay for your structural survey within 3 working days of the offer being accepted. 

7.7. To ensure comprehensive due diligence and legal compliance, it is the client’s sole responsibility to engage directly with their solicitors, brokers, and other relevant parties. This includes verifying the accuracy and completeness of all information provided. The client understands that the property investment will be registered in their name (personal or limited company), thus they are accountable for making informed decisions regarding the transaction. Therefore, they must ensure that all legal and financial aspects are thoroughly reviewed and validated to their satisfaction before proceeding. While KOVE will provide support, it is explicitly understood that they bear no liability for any information provided pertaining to legal or financial matters. 

7.8. To undertake their own due diligence and market research, not relying solely on KOVE Properties’ estimates, as these estimates cannot guarantee results, which will be reliant on how you run your business, seasonality and other external factors (such as economy, change in regulations etc). Whilst KOVE Properties will provide an estimate of how the property will likely perform in terms of total investment amount and rental yields, please note that this is a guide only based on market research and experience in certain locations 

7.9. To do their own due diligence as to the condition and functionality of furniture and appliances which will be provided at the Property. Under no circumstances will KOVE Properties be liable for the condition or functionality of any furniture or appliances 

7.10. To carry out the required surveys and checks before exchanging on the property 13

7.11. To respond to requests from KOVE within 3 working days, unless exceptional circumstances occur (e.g. illness, holiday). 

7.12. To behave in a thoughtful and considerate manner to our team, making the experience of working together fun! In return KOVE will undoubtedly behave in the same manner. 

8. Exclusions from KOVE’s services 

8.1. In the unfortunate event that you should withdraw from a deal after having the offer accepted and paying our fees, or do not comply with our terms and conditions, or demonstrate behaviour which is abusive/unprofessional/offensive, it is our policy that you could potentially be excluded from the VIP membership, and you will not receive further deals. We are a long-term business, which relies on trust and reputation; withdrawing from a deal will affect our relationship with local estate agents and vendors and our reputation could likely be damaged, impacting on our ability to source deals for other clients, and jeopardizing our whole business. 

9. Non-Disclosure Agreement “NDA”

9.1. The parties to this Agreement agree as follows: 

9.1.1.Confidential Information 

All written and oral information, data and materials disclosed or provided by KOVE to the Client and by the Client to KOVE, under this Agreement constitute “Confidential Information” regardless of whether such information was provided before or after the date of this Agreement or how it was provided to or by the Client. Including but not limited to, the following: 

9.1.1.1. ‘Customer Information’ which includes names of customers of KOVE, their representatives, all customer contact information, contracts and their contents and parties, customer services, data provided by customers and the type, quantity and specifications of products and services purchased, leased, licensed or received by customers of KOVE. 

9.1.1.2. ‘Intellectual Property’ which includes information relating to KOVE’s proprietary rights prior to any public disclosure of such information, including but not limited to the nature of the proprietary rights, estate agents’ details, the status and details of a property investment, the status and details of research and development of products and services, and information regarding acquiring, protecting, enforcing and licensing proprietary rights (including patents, copyrights and trade secrets); 

9.1.1.3. ‘Business Operations’ which includes internal personnel and financial information of KOVE, vendor names and other vendor information (including vendor characteristics, services and agreements), purchasing and internal cost information, internal services and operational manuals, external business contacts including those stored on social media accounts or other similar platforms or databases operated by KOVE, and the manner and methods of conducting KOVE’s business; 

9.1.1.4. ‘Service Information’ which includes all data and information relating to the services provided by the Seller, including but not limited to, plans, schedules, personnel, inspection, and training information. 

9.1.1.5. ‘Accounting Information’ which includes, without limitation, all financial statements, annual reports, balance sheets, company asset information, company liability information, revenue and expense reporting, profit and loss reporting, cash flow reporting, accounts receivable, accounts payable, inventory reporting, purchasing information and payroll information of the Seller and Client 

9.1.2. Confidential Information will also include any information that has been disclosed by a third party to KOVE and is protected by a non-disclosure agreement entered into between the third party and KOVE. 

9.1.3. Confidential Information will not include the following information: 9.1.3.1. Information that is generally known in the industry about the Seller 

9.1.3.2. Information that is now or subsequently becomes generally available to the public through no wrongful act of the Client 

9.1.3.3. Information rightly in the possession of the Client prior to the disclosure to the Client by KOVE 

9.1.3.4. Information that is independently created by the Client without direct or indirect use of the Confidential Information; or 

9.1.3.5. Information that the Client rightfully obtains from a third party who has the right to transfer or disclose it. 

9.1.4. Except as otherwise provided in this Agreement, the Confidential Information will remain the exclusive property of KOVE and will only be used by the Client for the Permitted Purpose. “Permitted Purpose” hereby meaning the delivery of the Services (see clause 2.1) by KOVE to the Client so as to deliver a successful property investment. 

9.1.5.The Client will not use the Confidential Information for any purpose that might be directly or indirectly detrimental to KOVE or any associated affiliates or subsidiaries. 

9.1.6.The obligation to ensure and protect the confidentiality of the Confidential Information imposed on the Client and KOVE in this Agreement and any obligations to provide notice under this Agreement will survive the expiration or termination, as the case may be, of this Agreement and those obligations will last indefinitely. 

9.1.7.The Client may disclose any of the Confidential Information: 

9.1.7.1. to such employees, agents, representatives and advisors of the Client that have a reasonable need to know for the Permitted Purpose provided that: 

9.1.7.1.1. the Client has informed such personnel of the confidential nature of the Confidential Information; 

9.1.7.1.2. such personnel agree to be legally bound to the same burdens of non-disclosure and non-use as the Client 

9.1.7.1.3. the Client agrees to take all necessary steps to ensure that the terms of this Agreement are not violated by such personnel 

9.1.7.1.4. the Client agrees to be responsible for and indemnify KOVE for any breach of this Agreement by their personnel. 

9.1.7.2. to a third party where KOVE has consented in writing to such disclosure. 

9.1.7.3. to the extent required by law or by the request or requirement of a court of law, a regulatory body, or an administrative tribunal. 

9.1.8.The Client agrees to retain all Confidential Information at their usual place of business and to store all Confidential Information separate from other information and documents held in the same location. Further, the Confidential Information may not be used, reproduced, transformed, or stored on a computer or device that is accessible to persons to whom disclosure may not be made, as set out in this Agreement. 

10. Ownership and Title 

10.1. Nothing contained in this Agreement will grant to or create in the Client, either expressly or impliedly, any right, title, interest or license in or to the intellectual property of KOVE. 

10.2. Remedies 

10.2.1. The Client agrees and acknowledges that the Confidential Information is of a proprietary and confidential nature and that any disclosure of the Confidential Information to a third party in breach of this Agreement cannot be reasonably or adequately compensated for in money damages and would cause irreparable injury to KOVE. Accordingly, the Client agrees that KOVE is entitled to, in addition to all other rights and remedies available to it at law or in equity, an injunction restraining the Client and any agents of the Client, from directly or indirectly committing or engaging in any act restricted by this Agreement in relation to the Confidential Information. 

10.3. Notices 

10.3.1. In the event that the Client is required in a civil, criminal or regulatory proceeding to disclose any part of the Confidential Information, the Client will give to the Seller prompt written notice of such request so KOVE may seek an appropriate remedy or alternatively to waive the Client’s compliance with the provisions of this Agreement in regard to the request. 

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10.3.2. If the Client loses or makes unauthorised disclosure of any of the Confidential Information, the Client will immediately notify KOVE and take all reasonable steps necessary to retrieve the lost or improperly disclosed Confidential Information. 

10.3.3. Any notices or delivery required in this Agreement will be deemed completed when emailed, hand-delivered, delivered by agent, or seven (7) days after being placed in the post, postage prepaid, to the parties at the addresses contained in this Agreement or as the parties may later designate in writing. 

10.4. Representations 

10.4.1. In providing the Confidential Information, KOVE makes no representations, either expressly or impliedly as to its adequacy, sufficiency, completeness, correctness or its lack of defect of any kind, including any patent or trademark infringement that may result from the use of such information. 

10.5. Additional Provisions 

10.5.1. The Client will not directly or indirectly approach any agent(s) we introduce to you within 365 days of the first introduction. 

10.5.2. If the Client makes any attempt to deal directly with the Landlord or Agency, this is deemed as a Conflict of Interests and the Client agrees to compensate KOVE Properties their investment fee (based on their fees at the time) for its Property Sourcing Services, no matter at which stage of the Sourcing Process 

10.5.3. Time is of the essence in this Agreement. 

10.5.4. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. 

10.5.5. The clauses, paragraphs, and subparagraphs contained in this Agreement are intended to be read and construed independently of each other. If any part of this Agreement is held to be invalid, this invalidity will not affect the operation of any other part of this Agreement. 

10.5.6. The Client is liable for all costs, expenses and expenditures including, and without limitation, the complete legal costs incurred by KOVE in enforcing this Agreement as a result of any default of this Agreement by the Client. 

10.5.7. KOVE and the Client acknowledge that this Agreement is reasonable, valid and enforceable. However, if a court of competent jurisdiction finds any of the provisions of this Agreement to be too broad to be enforceable, it is the intention of KOVE and the Client that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable, bearing in mind that it is the intention of the Client to give KOVE the broadest possible protection against disclosure of the Confidential Information. 

10.5.8. No failure or delay by KOVE in exercising any power, right or privilege provided in this Agreement will operate as a waiver, nor will any single or partial exercise of such rights, powers or privileges preclude any further exercise of them or the exercise of any other right, power or privilege provided in this Agreement. 

10.5.9. This Agreement will insure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns, as the case may be, of KOVE and the Client. 

10.5.10. This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or otherwise. 

10.5.11. The start of the non-disclosure agreement “NDA” period begins from the first point of contact a client has with KOVE, regardless of whether or not they have read and agreed to these terms at that point. 

11. Privacy Notice 

11.1. Lawful basis and legitimate interest – As a company, KOVE will need to process personal data in order to carry out tasks related to our business activities. The processing of personal data can be justified on grounds of legitimate interest. KOVE informs Clients that processing will occur when collecting their personal data. The rights and freedoms of Clients are not seriously impacted thus KOVE relies on the grounds of legitimate interest as a justification for processing the data. 

11.2. Retention of data – please see KOVE Properties Privacy Policy for full details 

11.3. 12.3 Method of contact for privacy rights: If you have any concerns or complaints regarding the processing of your personal data by Kove Properties, please contact us using the details provided below. You also have the right to lodge a complaint with the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues. Information on how to contact the ICO can be found on their website at www.ico.org.uk 

12. Complaints Procedure 

12.1. Should the Client wish to make a complaint, please communicate in detail via e-mail to [email protected] 

12.2. Either your Accounts Manager or a member of management will deal with your complaint via a video call to try reach an amicable solution for all parties 

13. Jurisdiction and Governing Law 

13.1. Should an amicable solution not be reachable between both parties after exhausting the list of remedies under Clause 21, and Court action is pursued, both parties agree that: a. a claim to be commenced at the Small Claims Court in England; and b. the English Courts to have exclusive jurisdiction; and c. the Governing Law to be that of England and Wales 

13.2. By ticking the box on the webpage and /or paying our commitment or souring fee you are agreeing to these Terms and Conditions. This agreement shall be construed in accordance with the laws of England. The Courts of England shall have exclusive jurisdiction to hear any dispute, but notwithstanding, a party may bring an action for injunctive relief, or enforcement of an English Court’s ruling in any competent court. 

13.3. Except where a party has changed its corporate name or merged with another corporation, this Agreement may not be assigned or otherwise transferred by either party in whole or part without the prior written consent of the other party to this Agreement.