Below is information about the conditions under which the limited liability Company "Nikoliers", OGRN 1027700543056, operating under the brand name Nikoliers, agrees to carry out activities in your interests. This agreement shall enter into force upon signature by both parties.
1.0 DEFINITIONS AND INTERPRETATIONS
1.1 "Terms" – the terms of cooperation set out in this document, as well as any other terms and conditions specified or mentioned in the service Agreement. These Terms and conditions apply to all services that you assign to Nikoliers and may only be amended or supplemented in writing and signed by both parties.
1.2 " Customer "(referred to in the Agreement as" you") is a person, company, firm or other legal entity specified in our service Agreement. We do not accept orders to act in the interests of any other legal entity, and these Terms and conditions should not be applied without our written consent to act in the interests of the relevant entity. We reserve the right to refuse to act on behalf of such a person until we have conducted a comprehensive review (if any).
1.3 Nikoliers (referred to in the Agreement as "we") is the trademark under which Nikoliers limited liability company operates.
1.4 "Confidential information" means information that is confidential and/or that we define as confidential.
1.5 "service Agreement" – an agreement signed by you and us, specifying the terms and conditions of service provision.
1.6 "Object" – assets (including shares in the company) that are the subject of our services, as well as any other assets in which the buyer acquires a share, including the contents, accessories and inventory, as well as any types of commercial activities carried out in the Object.
1.7 buyers also include tenants.
1.8 "Services" – specific services specified in the service Agreement, as well as any other services that we agree to provide in writing.
1.9 "Exclusive rights to sell" - unless otherwise provided in the service Agreement, by entrusting us to find a buyer willing to purchase or lease an Object, you grant us exclusive rights to sell the Object. This means that you are obligated to pay us remuneration in the following cases, in addition to other agreed expenses and payments:
(a) if contracts for the sale or lease of the Property are signed during the period during which we will have exclusive rights to sell, even if the buyer is not found by us, but by another agent or any other person, including you;
(b) if contracts for the sale or lease of the Property are signed at the end of the period during which we will have exclusive rights to sell, but with the seller that we have presented to you during the above period or with whom we have negotiated for the Property during this period.
2.1 The amount of our remuneration is specified in the service agreement.
2.2 If we agree to work together with other professional organizations, the amount of remuneration due to us will be a set percentage of the total remuneration. If the amount of this fee is not determined in a contractual manner, we must receive remuneration in equal shares with another professional organization (or organizations).
2.3 Compensation for cancellation of a transaction or order.
We have the right to specify any amount of compensation for the cancellation of a transaction or order in our service Agreements.
2.4 Additional work.
If we perform additional work that is not included in the scope of services provided by the Contract, an additional fee will be charged according to the agreement.
3.0 COSTS AND EXPENSES
3.1 we will inform you of the estimated costs and expenses before they are incurred. This includes, among other things, travel expenses, advertising and marketing expenses (including "for sale" and "for rent" signs), internal correspondence, printing, preparation of maps and photographs, Photocopying, library services, data processing and transmission services, research, Bank statements, planning applications, as well as fees of the Royal Institute of certified appraisers (RICS) and other fees set by regulatory authorities.
3.2 We may collect compensation from you for expenses and expenses as soon as they are accurately identified or incurred, regardless of whether we have fully completed your order.
3.3 You agree to release us from any liability on our part in respect of such costs and expenses.
3.4 in any circumstances in which the execution of your order involves a certain amount of administrative work on our part, including Photocopying, forwarding facts, etc., we have the right to include the administrative work fee in the General account to cover the related expenses.
4.0 FEES PAYABLE
4.1 We have the right to issue an invoice and receive payment for it without taking into account any discounts, deductions or counterclaims in accordance with the terms specified in the service Agreement.
5.1 all payments made as remuneration or compensation for costs and expenses specified in these Terms and conditions and in the service Agreement are subject to VAT where possible (as well as any other taxes that may arise).
6.1 If you do not pay the invoice within the time limit set by the service Agreement, we are entitled to charge interest on all unpaid invoices in the amount of 0.1% in excess of the invoice amount for each day of delay, starting from the last established payment date and ending with the moment of payment of the invoice, unless the parties have agreed otherwise in writing.
7.0 SCOPE OF SERVICES
7.1 We are not responsible for the content or interpretation of rights, regulations or leasehold documents and, unless we are required to provide a special report, we do not guarantee that the objects for which we provide consulting services are in a satisfactory condition; that a particular land plot is free from contamination; that a particular land plot or object meets regulatory requirements; or that there is a planning permit for a particular land plot or premises, or that the land plot or premises can be used for the required purposes.
7.2 We will provide the Services within a reasonable time after accepting your order based on the following conditions:
(a) Any results of the evaluation of the estimated time frame for the provision of Services are not legally binding for us;
(b) We have the right (but are not obligated) to transfer our authority to provide the Services (or any part thereof) by issuing a corresponding order to one or more third parties, firms or companies (acting as a subagent or in any other capacity) at our sole discretion and on terms and conditions that we deem appropriate.
7.3 as part of our work, it may be necessary to engage specialized consultants on your behalf. We will not do this until we receive your permission. Once you give permission to engage such specialized consultants, you will be responsible for paying them remuneration and resolving issues related to their work. By accepting your order to attract such specialized consultants, we do not guarantee their competence. If you assign us control over the work of such specialized consultants, we will be entitled to additional remuneration calculated based on the time spent on this work. However, we are not responsible for any recommendations that such consultants may give you.
7.4 Any market forecasts that we make as part of the provision of Services, including, but not limited to, forecasts for revenue, expenses, related growth factors, as well as interest rates, incentive measures, capitalization rates and costs, are only forward-looking estimates and may not be accurate. Accordingly, such market forecasts should be interpreted only as an approximate assessment of the possible situation, as opposed to certain facts.
8.0 INFORMATION PROVIDED
8.1 unless otherwise notified in writing by you, we are not obligated to verify or confirm the accuracy of information that you or others provide to us, including information contained in energy passports.
8.2 unless otherwise notified in writing by you, you hereby guarantee the accuracy of all information provided by you or on your behalf that you expect us to rely on.
8.3 You agree to release us from any additional costs, claims, penalties and expenses of any nature that may arise if such information is (in whole or in part) inaccurate or incomplete.
8.4 Only subject to clause 12 of these Terms and conditions, any information we receive from you in the course of executing orders may be used by us for any other purpose, unless you provide written instructions to the contrary at any time prior to the time of such use by us.
9.0 OUR REPORTS
9.1 With respect to any written reports or recommendations prepared by us, you acknowledge that no part of our reports, recommendations or Confidential information may be used in any published documents, circulars or statements, or published in any form without our prior written consent for publication.