CITY HOMELINK LIMITED TERMS AND CONDITIONS
Between: (1) City Homelink Limited incorporated in England and Wales with Company registration number 10350939 whose registered office is at 28 Midway House, Manningford Close, London EC1V 7HP (City Homelink) (2) The party specified in the Order Form (Owner)
A The Owner wishes to appoint City Homelink to provide the Subscription Services under the terms and conditions of this Agreement in return for the payment of the fees subject to the provisions of this Agreement.
B The Subscription Services selected by the Owner shall be performed by City Homelink during the Term.
IT IS AGREED AS FOLLOWS:
1 Definitions and Interpretation
In this Agreement unless the context otherwise requires:
Booking Agreement: means the short term letting agreement set out at Schedule 5
CHLEND362: means the online owner resource planning platform City Homelink has created which allows the Owner access to the records for the Property relating to those matters set out in Schedule 2
Fees: means City Homeliink’s fee scales as set out in Schedule 2
Guest: means the party(s) named on the Booking Agreements as the guest of the Property
HMLR Restriction: means the HM Land Registry Restriction set out at Schedule 4 the Owner agrees City Homelink will register against the title of the Property
Investment: means the level of monetary expenditure the Owner agrees that City Homelink will spend on the Property for the works estimate as set out in Schedule 4 which is to be drawn up at an initial inspection of the Property which will be subject to a final budget to be agreed between the Parties.
City Homelink Bank Account: means the bank account for the receipt and payment of all monies properly incurred in the management and running of the Property and the performance of the Services to be set up and maintained by the City Homelink in accordance with Schedule 3
Rental Bank Account: means the bank account for the receipt and payment of all monies belonging to the Owner to be set up by the City Homelink and utilised by City Homelink in accordance with Schedule 3
Partners: means online and/or offline listing services, agencies and management companies that provide Guests for occupation of the Owner’s Property.
Property: means the property briefly described in Schedule 1 and a reference to the Property is to the whole or any party of it as the circumstances may require
Subscription Services: means the agreed service(s) as described in Schedule 2
VAT: means value added tax payable by virtue of the Value Added Tax Act 1994 or any similar tax levied in addition to or by way of replacement for VAT
This Agreement will come into force on the Commencement Date and shall continue for the initial term and then subsequent terms each of one year (the Subsequent term) where each party may terminate this Agreement by providing to each other at least 3 months’ written notice period to the end of each term or subsequent
2.1 Subject to the terms and conditions of this Agreement, the Owner appoints City Homelink to be his agent for the Property. City Homelink reserves the right to amend the
terms and conditions of this Agreement upon giving two months’ written notice.
2.2 The Owner gives authority to City Homelink to act on his behalf and to do anything which the Owner could do himself. The Owner agrees to approve everything done by City Homelink in good faith when carrying out their duties unless the action is professionally negligent or in express breach of contract. The other provisions of this Agreement shall not limit City Homelink to carry out whatever acts are necessary to enable the Owner to comply with his statutory obligations, to prevent further deterioration of the Property and to limit any damage in an emergency.
3 Investment and Repayment Provisions
3.1 Where an Investment has been agreed by the Owner with City Homelink as part of the Subscription Service the specification of works are those set out in Schedule 4 and the Owner agrees that City Homelink will register the HMLR Restriction against the title of the Property.
3.2 The Owner will not object to the registration of the HMLR Restriction.
3.3 Repayment of the Investment shall be in accordance with provisions and timescales as set out in Schedule 4.
3.4 Nothing in this provision shall prevent City Homelink from recovering the monies through ordinary debt recovery procedures.
4. Fees and Payment
4.1 The Owner agrees City Homelink’s Fees as set out in Schedule 2 shall be deducted from rent paid, or if insufficient the balance will be invoiced separately or deducted from future rent at City Homelink’s sole discretion. Rent will be paid to the Management Account of City Homelink. After clearance, this will then be transferred to the Owner’s designated bank account after the rental due date under deduction of management fees and any costs or outlays incurred.
4.2 The Owner agrees to reimburse and compensate City Homelink for any claim, damage or liability suffered as a result of acting on the Owner’s behalf, unless it is due to the professional negligence or express breach of contract of the Owner or their employees.
4.3 City Homelink shall be entitled to retain any interest on any monies collected while held in their account and if appropriate any commission earned while acting on behalf of the Owner.
4.4 Deposits taken from the Guest will be held by City Homelink or its booking website until such time as City Homelink is happy with the condition of the Property
4.5 The Owner will, at all times, be liable to abide by HM Revenue and Custom’s rules for self-assessment. City Homelink shall bear no responsibility for ensuring the Owner pays the relevant tax, in this regard the Owner should take advice from a qualified accountant or similar.
4.6 City Homelink will give to HM Revenue and Customs such information regarding the letting as they are lawfully obliged to do so. This may include full details of every owner and the annual rental income, but City Homelink shall not be responsible for preparing or submitting a Tax Return for the Owner or dealing with any taxation or accounting matters.
4.7 If the Owner appoints an accountant or other representative to handle his tax affairs City Homelink shall provide to the representative copies of all rent statements, if requested, charging the Owner the hourly fee rate as per Schedule 2 or as otherwise agreed in writing.
4.8 Handling of insurance claims may incur a fee as advised in Schedule 2. Charging will be at City Homelink’s sole discretion and fees in this regard will be agreed with the Owner, in writing, in advance.
4.9 Without prejudice to the obligations of the Owner to pay any sums due within fourteen days of written demand City Homelink shall be entitled to deduct any amount due to them from any monies due to the Owner, unless payment has been withheld because of a professional negligence or express breach of contract.
4.10 The Owner is liable for any and all expenses including but not limited to water, gas, electricity, council tax, service charge, incurred while the property is occupied or vacant, unless otherwise agreed with City Homelink in accordance with the Services included in Schedule 2.
5. Services and City Homelink’s obligation
5.1 The Services and obligations of City Homelink are set out at Schedule 2 of this Agreement.
5.2 City Homelink is a data controller under the Data Protection Act. The Owner hereby agrees to City Homelink storing information relating to both the Property and the Owner in paper and electronic format. Such information is held for the purposes of managing the Property and shall not be provided to this parties for any purpose unrelated to said management without the Owner’s prior written consent. For the avoidance of doubt City Homelink will comply with their obligations under the Data Protection Act and accepts no responsibility for any loss or damage experienced by the Owner as a result of such compliance.
5.3 Unless expressly advised by the Owner to the contrary City Homelink shall assume the Property will be continually advertised for short-term lets. The Owner agrees to honour any future bookings following notice to terminate this Agreement.
6.1 City Homelink shall not be responsible for any loss or damage that the Owner suffers through the act, fault, or negligence of any third party which may arise other than through the professional negligence of City Homelink.
8. Owner’s Obligations
8.1 The Owner warrants to City Homelink that he is entitled to enter into this Agreement and to let the Property and that he has obtained all necessary consents and licences and will continue to do so throughout the duration of this Agreement and the he is entitled to all revenue collected on the Property.
8.2 The Owner shall be responsible for the property being adequately insured and that the insurance policy covers the situation where the Property is being let on a short term basis. City Homelink will be responsible for the administration of any claims if set out in this Agreement at Schedule 3, and the Fee prescribed therein shall apply.
8.3 The Owner shall remain responsible for the payment of all statutory, council tax and utility fees.
8.4 The Owner shall not market or solicitor directly to the Guests introduced by City Homelink.
8.5 If so requested by City Homelink the Owner shall supply to City Homelink without charge all necessary data and information relevant to the property in the possession of the Owner (or its employees, agents, or sub-contractors) or which may only be obtained by the Owner.
8.6 The Owner shall give its approval to all sketches, drawings, reports, recommendations, tender documents and other matters properly referred to him for approval by City Homelink in such reasonable time as not to delay or disrupt the performance by City Homelink of the Services.
8.7 Subject to the Owner’s consent as provided in this Agreement the Owner is to sign or execute all deeds or documentation relating to the Property necessary to enable City Homelink to carry out the Services.
8.8 The Owner confirms that the Property is fit to let and complies with all statutory obligations. This includes but is not limited to confirmation that all appliances comply with current, and will be kept compliant with future, safety regulations. Where such confirmations cannot be provided the Owner authorises
City Homelink to undertake relevant inspections/ servicing in accordance with the fees set out in Schedule 2.
8.11 The Owner shall supply City Homelink with all compliance certificates including but not limited to gas safety, electrical safety, fire safety, and energy performance certificate.
9.1 This Agreement will end on the last day of the Term.
9.2 The Owner shall have the right to terminate City Homelink’s appointment immediately:-
9.2.1 In the event of material breach by City Homelink of this Agreement and City Homelink has not remedied in all material respects the breach after notice from the Owner allowing City Homelink a reasonable time to do so;
9.2.2 In the event City Homelink commits a breach of its obligations under this Agreement which is incapable of being remedied.
9.2.3 In the event the Owner sells or disposes of all of the Property.
9.3 Within  Working Days after termination of this Agreement City Homelink shall:
9.3.1 provide to the Owner a statement of account showing in respect of the Property all receipts and expenditure in and out of the Management Account and Owner’s Client Account from the date the preceding sets of accounts were prepared;
9.3.2 subject to clause 9.3.1 to account to the Owner for the credit balances if any on the Owner’s Account and Management Account, subject to the right for City Homelink to set any credit balance on the Owner’s Account against any debit balance properly payable on the Management Account.
9.4 Following the termination of City Homelink’s engagement under this Agreement for any reason the Owner shall pay to City Homelink in full and final settlement of any claim which City Homelink may have within  Working Days after the receipt by the Owner of the statements of account under Schedule 3 any payments which are due to City Homelink for the Services which have been properly performed up to the date of termination less any amounts previously paid to City Homelink. Such payment shall be applied for and made in accordance with and shall be subject always to the provisions of Schedule 2.
9.5 In the event of the Agreement being terminated with bookings confirmed then those bookings will be subject to a [%] plus Vat management fee.
9.6 In the event the Agreement is terminated before the end of the Term, in addition to sums owing to City Homelink as set out in the previous provisions of this clause, where the Investment monies have not been recovered in full through the payment of the monthly Subscription Services Fee the Investment balance due at the date of termination shall fall immediately due for payment within 20 working days.
9.7 Within 3 months of the end of the Term the parties will give each other notice in writing confirming whether they wish the Agreement to expire on the Term end date or whether they wish to enter into a further Agreement. In the absence of such notice in writing the Agreement will expire on the Term end date and provisions 9.3 – 9.6 shall apply.
10 Copyright and Confidentiality
10.1 The Owner shall retain copyright of all marketing material, photographs, drawings and descriptions of the Property whether held on advertising platforms, apart from material held on City Homelink’s CHLEND362 platform and City Homelink undertakes not to misuse this material.
10.2 City Homelink retain the copyright of CHLEND362 and its systems and software at all times and the Owner agrees not to misuse or disseminate it to any third party.
If either party fails to make payment in accordance with this Agreement the other party shall be entitled in addition to any unpaid amount that should properly have been paid to simple interest on that amount from the final date for payment until the date of actual payment. Such interest is to be calculated at a daily rate of 2% above the Bank of England base rate which is
current at the date the payment became overdue. It is agreed that the provisions of this clause 10 constitute a substantial remedy for the purposes of the Late Payment of Commercial Debts (Interest) Act 1998, s 9(1).
12.1 Any notice or communication given or made in accordance with this Agreement (a ‘Notice’) shall be in writing and shall (except as otherwise agreed) be deemed to be properly given if delivered in accordance with clause 12.2 to the addresses of the parties shown in this Agreement or such other address as either party may from time to time notify to the other in writing.
12.2 A Notice may be delivered by email, hand or sent by pre-paid first class mail. A Notice delivered by hand shall be deemed to have been received when delivered. A Notice sent b email shall be deemed to have been received 12 hours after sending. A Notice sent by mail shall be deemed to have been received 2 Working Days after posting provided that it is not returned through the post office undelivered.
12.3 Parties must ensure they provide up to date postal and email addresses to each other throughout the term of the Agreement.
Each amount stated to be payable by either party to the other under this Agreement is exclusive of VAT (if any).
14 No Partnership and Good Faith
Nothing in this Agreement is intended to or shall be deemed as to establish any partnership or joint venture between the Owner and City Homelink but the parties shall owe a duty of good faith to the other in the carrying out of the obligations set out in this Agreement.
15 Contracts (Rights of Third Parties) Act 1999
Nothing in this Agreement confers or purports to confer on any third party any benefit or right to enforce any term of the Agreement which would not have existed but for the Contracts (Rights of Third Parties) Act 1999.
16 Entire Agreement
This Agreement represents the entire agreement between the parties and supersedes any previous negotiations or correspondence between them in relation to the Services.
If any term or condition of this Agreement is for any reason held to be illegal, invalid, ineffective, inoperable or otherwise unenforceable:
17.1 It shall be severed and deemed to be deleted from the Agreement and the validity and enforceability of the remainder of this Agreement shall not be affected or impaired;
17.2 However would not be so if some part of it were deleted the term or condition shall apply with such modifications as may be necessary to make it enforceable.
18 Governing Law
This Agreement shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction over any dispute or difference that may arise.
If City Homelink are instructed to undertake further work not included in the list of Services, then such work shall be identified and a full written estimate of any additional costs will be made available to you before the work is carried out.
[description of the property/ extent of property to be let]
Owner Agreed Subscription Services
The Owner has been offered a choice of available Subscription Services and this Schedule sets out which Subscription Services have been chosen and agreed by the Owner with City Homelink
CHL True Monitor Subscription
Reliable and up to date data created by the CHLEND362 which is the online resource and planning platform which allows the Owner to access the below mentioned records for the Property to assist the Owner to optimise the short term letting of the Property:
Informs the Owner of the partners used
Reporting (read only) service with income, costs and earnings reports with tables and graphics
View of Rental Account summary
View of City Homelink invoices
CHL Bronze Subscription
Detailed Inventory of Property following City Homelink’s appointment
Check in / Check Out service
Cleaning and maintenance management
Incident resolution service
Repairs charges and costs management *
Cleaning and maintenance staff payments arranged and costs covered within Subscription Services Fee
Payment of cleaning and maintenance products arranged
Publication / advertising on Partner websites and marketing facilities
Prices/ rental fee management
Communication with guests before, after and during period of Booking Agreement
24 hour availability to City Homelink
* Repair Charges and costs management – items highlighted by City Homelink as requiring repair or replacement in the initial inspection/ inventory as well as major expenses including but not limited to the boiler, Fridge, washing machine will not be covered by the Subscription Services Fee
CHL Silver Subscription
Includes services listed under CHL Bronze Subscription
Investment control reporting through CHLEND362
Materials & Services Purchased included within Subscription Services Fee
Initial Inspection for creation of flat refurbishment design and works which will be covered by the Investment cost (the estimate of which will be set out at Schedule 4)
Agreeing final scope of works once budget costs are finalised
Implementation and project management of the Investment Works set out in Schedule 4
Maximum Investment by City Homelink up to £5000 exact Investment amount to be agreed between the Parties once the budget is finalised.
Investment repayment spread across the monthly Subscription Services Fee for the duration of the Agreement with HMLR Restriction registered by City Homelink against the Property.
CHL Gold Subscription
Includes services listed under CHL Silver Subscriptions
Level of Investment by City Homelink up to £20,000
All fees set out in this Agreement are subject to VAT
One –off Initial Fee
– £ 400 – for set-up costs **
** See sample report included within this schedule
Monthly Subscription Service Fee
– Bronze – £ 480
– Silver – base fee of £620 plus monthly investment repayment (based on equal spit of total amount of £x over the entire term)
– Gold – base fee of £860 plus monthly investment repayment (based on equal spit of total amount of £x over the entire term)
Hourly fee at £150
Property Purchaser introduced by City Homelink
In the event of a party introduced by City Homelink (or any person or body corporate associated with that party) subsequently purchasing the Property, whether before or entering into a Booking Agreement commission shall be payable by the Owner to City Homelink on completion of the sale at a rate of 1% plus VAT of the sale price. A minimum fee of £1,000 plus VAT shall apply.
Management Account and Owner’s Account
City Homelink has set up with HSBC Bank Plc separate bank accounts for the Rental Account and City Homelink Account, and agrees with the Owner to maintain such separate accounts for the duration of the Agreement.
The Accounts will operate/ be maintained as follows:-
The rent collected from the Partners will be paid into the Owner Account
On a monthly basis city Homelink will issue an invoice detailing for the Subscription Services Fee and any other agreed fees. Settlement of the monthly invoice will be made out of the rental monies held in the Owner Account.
The invoices will be issued on the [10th] of every month
The balance of rental monies remaining in the Owner account will be sent directly by city Homelink to the Owner’s nominated bank account.
The balance will be remitted to the Owner’s nominated bank account by the [15th] of every month.
Investment Works Estimate & HMLR Restriction
Investment Works Estimate
– Estimate set out here
Sample form of restriction to be registered against the property following the execution of this Agreement
“No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by a director of City Homelink Limited (incorporated in England and Wales with Company registration number 10350939) of 28 Midway House, Manningford Close, London EC1V 7HP confirming that the provisions of the Agreement between the Proprietor and City Homelink Limited dated [ ] have been complied with.”