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

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 hello@koveproperties) with your query. 

1. Compliance

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

• A 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 

2.1. KOVE Properties provides full end-to end property investment services to its clients in return for fees. 

2.2. This service and fees are: ‘KOVE VIP” whereby we exclusively source to order a deal to client specified requirements  (£4100+ VAT per deal)

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

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. How to become a client of KOVE Properties 

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

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). 

Should the client be eligible the client is required to provide the following documents and update them annually; 

• A copy of your Passport or any form of Proof of Identity such as Driving Licence for each company Director (if applicable) 
• A copy of a bank statement or utilities bill (except mobile phone) within the most recent 3  months for Proof of Address or each company Director (if applicable) 
• A copy/snapshot of your current bank statement (not longer than 1 month old) for Proof of Funds (minimum £35k for Purchase deals) 
• 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’):
  • 1. Company name 2. registration number 3. company registered address, 4. business address (if different) 5. Names of ALL directors and shareholders 6. Names of any person or company with a beneficial interest 

3.2. 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 

3.3. Note: Should your deal requirements change then should book in an update call with your account manager. 

3.4  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.  

3.5 We will start the KOVE VIP process once the client has paid the invoice of £1200+VAT 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. 

3.13. 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.

4.3  Properties will be sourced to match the client brief (as outlined in their “VIP requirements form”) and forwarded to the client a minimum of 1 suitable property over a 6 month period. (Period commences once KOVE PROPERTIES LTD confirms receipt of the commitment fee) 

4.4  If 1 property that meets the client criteria are identified but the client does not proceed to purchase then the full commitment fee is retained (after a 6 month period).

Please refer to the ”VIP requirements form” for details of the clients criteria

4.5 Any sourcing fee balance (sourcing fee less commitment fee) are payable on verbal acceptance of the offer on a property deal by the vendor. 

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

5. Securing a deal process

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

5.1. Research suitable properties and then arrange for a viewing of the concerned properties and can provide the client video of viewing and photos.

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

– Purchase price – Sale duration – Whether a deposit is payable (r2r) – Any rental free period (r2r) – Whether the property will be fully furnished/partially furnished/unfurnished – Duration of contract (r2r)

5.3. For rent to rent deals, KOVE Properties 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 

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

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

5.6. For all purchases, our partner’s will project manage the refurbishment and setup of the property. Separate fees and T &Cs apply will be provided at the appropriate stage of the project.  However KOVE is not responsible or liable for the quality of services provided by partner companies. 

5.7 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.

6. Fee and Refunds 

6.1. 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.  

6.2. KOVE operates a strict no refunds policy on any of the fees paid by clients.

6.2.1 Should the property deal fall through due to: 

1. the property deal not being as described; and or b. unforeseen circumstances with regards to the Agency/Landlord; and or c. unforeseen circumstances with regards to the Property 

Then KOVE Properties will REPLACE this deal with a similar deal.  Then there will be NO refunds. 

6.2.2  Should the property deal fall through  because of the acts or omissions of the client including: :

A the Client’s legal/financial/personal issues; b. the Client not providing documents on time to KOVE Properties and/or the Agency / solicitors / lenders etc; B. the Client’s mortgage falling through C. the client failing agency referencing 

Then there will be NO refund or replacement. 

6.5 You will be required to pay the Sourcing Fee in full upon verbal acceptance of an offer on your chosen property investment. By paying this fee it will be implied that you are agreeing to these terms and conditions.

6.6 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)  

6.7. 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.

7., Information provided 

7.1.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 solicitor and by physical inspection of the property (or site) in question or otherwise as to their accuracy.

7.2 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.

7.3 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.

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

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

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

7.7 For newly built properties, it should not be assumed that Kove have tested any services, equipment or facilities, and Clients must satisfy themselves by inspection or otherwise.

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

7.9. These may change during construction and final finishes could vary.

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

7.11. Kove is not responsible for future changes in the market or market conditions or valuations, and mortgage applications are subject to individual status. 

7.12. Past performance is no guide to future performance. The value of the property can go up as well as down.

7.13.Guarantees cannot be made that any particular applicant will obtain a mortgage on the investments or the value of the mortgage they will be able to obtain.

7.14 .Guarantees cannot be made on the resale of any of the plots or properties.

7.15 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.

8. Client Responsibilities 

8.1. To commit to the property investment deal – we are not a sale or return business! 

8.2. To ensure you can fund the deal, either cash, formal funding/mortgage or private investment 

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

8.4. To transfer your “monies on account” to your solicitor within 48 hours of the offer being accepted. 

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

8.6 To pay for your mortgage valuation within 2 days of it being requested by the lender. 

8.7. To request and pay for your structural survey within 3 working days of  of the offer being accepted.  

8.8. While KOVE Properties will provide such as paperwork such as management contracts / corporate let contracts for rent to rent deals, the Client should take their own separate legal advice as and where appropriate to ensure these documents are appropriate and meet the Client understanding 

8.9. Where your property has been sourced through an Agency, please note that the Agency will be drafting the contract with input from KOVE Properties, to make sure that the contract covers all areas of business operation the property is intended for. 

8.10. However, please note that KOVE Properties will not have control over the entire process as this will be arranged by the concerned Agency. KOVE Properties will advise you of any issues to be aware of, but the Client may wish to take separate and independent legal advice as and where appropriate 

8.11. Where the property has been sourced directly with vendor or landlord, KOVE Properties will put an appropriate contract in place and or work with the client solicitors. Again, the Client should take separate and independent legal advice, as and where appropriate 

8.12. To undertake their own due diligence and market research and should not rely solely on KOVE Properties’s 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 

8.14. 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 

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

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

8.17 To behave in a thoughtful and considerate manner to our team, making the experience of working together fun! 

10. Exclusions from KOVE’s  services 

10.1. In the unfortunate event that you should withdraw from a deal after having the offer accepted and paying our fees,, it is our policy that you could potentially be excluded from the client 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. 

11. Non-Disclosure Agreement 

11.1 In consideration of and as a condition of the KOVE providing the  Confidential Information to the Client in addition to other  valuable consideration, the receipt and sufficiency of which  consideration is hereby acknowledged, the parties to this Agreement  agree as follows:  

11.1.1 Confidential Information 

• All written and oral information and materials disclosed or  provided by KOVE to the Client 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 the Client.  
•  ‘Confidential Information’ means all data and information  relating to the transaction and KOVE, including but not  limited to, the following: 
  • ‘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;  

1. • ‘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);

      

   • ‘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; 
2. • ‘Service Information’ which includes all data and  information relating to the services provided by the  Seller, including but not limited to, plans, schedules,  manpower, inspection, and training information;
3. • ‘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
4. • 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.  

• Confidential Information will not include the following  information:

   

1. 1. Information that is generally known in the industry of the  Seller;

       

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

       

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

       

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

       

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

       

• 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. 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.

   

• The obligations to ensure and protect the confidentiality of  the Confidential Information imposed on the Client 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.
  
  
• The Client may disclose any of the Confidential Information:
  
  
  • to such employees, agents, representatives and advisors of  the Client that have a reasonable need to know for  the Permitted Purpose provided that: 
     
    • the Client has informed such personnel of the  confidential nature of the Confidential Information;  
    • such personnel agree to be legally bound to the same  burdens of non-disclosure and non-use as the  Client;
    • the Client agrees to take all necessary steps to  ensure that the terms of this Agreement are not   violated by such personnel; and
    • the Client agrees to be responsible for and  indemnify KOVE for any breach of this   Agreement by their personnel.
  •  to a third party where KOVE has consented in writing  to such disclosure; and
    
    
  • to the extent required by law or by the request or  requirement of a court of law, a regulatory body, or an  administrative tribunal.  
    
    

• 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.  
  
  

11.2  Ownership and Title 

11.2.1 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.  

11.3 Remedies 

11.3.1 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.  

11.4 Notices 

11.4.1  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 regards to the request.  

11.4.2. 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.  

11.4.3   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.  

11.5 Representations 

7.5.1. 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 trade mark  infringement that may result from the use of such information.  

11.6 Additional Provisions 

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

11.5.3 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 the sum of £4100+VAT for its Property Sourcing Services, no matter at which stage of the Sourcing Process Fees;

11.5.4. Time is of the essence in this Agreement.  

11.5.5. 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.  

11.5.6 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.  

11.5.7 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.  

11.5.8 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.  

11.5.9 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. 

11.5.10 This Agreement will inure 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.  

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

11.5.12 The start of the non-disclosure agreement 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. 

12. Complaints Procedure 

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

12.1. Either your Accounts Manager or a member of management will deal with your complaint  and try to reach an amicable solution for all parties 

12.2. Should an amicable solution not be reached, the Client should go through the Property 

Redress Scheme and failing which, the Court system as outlined in Clause 22 

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.