Terms & Conditions

  1. Definitions and Interpretation
    1. In these Conditions (unless the context otherwise requires), the following words and phrases shall have the following meanings:
    2. “Client” means a person to whom IPF supplies or is to supply the Services pursuant to these Conditions;
    3. “Completion Fee” means the fee payable by you to us, on completion of your mortgage;
    4. “Conditions” means these terms and conditions of business;
    5. “Introductory Fee” means the fee payable by you to us, upon engaging us to provide you with the Services;
    6. “IPF” means International Private Finance Limited a company registered in England and Wales under number 06292950 whose registered office is at Sovereign House, 212-224 Shaftesbury Avenue, London, WC2H 8HQ and whose place of business is at 6 Buckingham Street, London, WC2N 6BU;
    7. “Lender” means a third party provider of non-UK mortgage facilities to the Client;
    8. “Services” means IPF arranging mortgage advances and the related services on properties located outside of the United Kingdom for the Client;
    9. In these Conditions (unless the context otherwise requires):
    10. construction of these Conditions shall ignore the headings (all of which are for reference only);
    11. any reference to any legislative provision shall be deemed to include any subsequent re-enactment or amending provision; and
    12. any references to “we”, “us” or “our” are references to IPF and any references to “you” or “your” are references to the Client.
  2. Services
    1. You have engaged us to provide the Services to you and we hereby agree to provide the Services pursuant to these Conditions with reasonable care and skill.
    2. Please note that we make no recommendation or representation or give any advice whatsoever on any international property acquisition.
  3. Your Obligations
    1. We require our Clients to give us written instruction so as to avoid any possible misunderstanding. We will accept oral instructions but they must be followed by written confirmation as soon as reasonably possible. We reserve the right to act on your oral instructions and lack of written confirmation shall not have the effect of invalidating any oral instructions. You must ensure the accuracy and clarity of instructions given to us.
    2. You shall, at your own expense, supply us with all the necessary documentation and information, as well as any other materials that we consider necessary for the provision of the Services. You must ensure the accuracy of all such information provided to us.
    3. Information we provide in accordance with the provision of the Services will be based on your instructions (whether written or oral). We provide the Services based solely on your stated objectives and any other information that we deem necessary and relevant to the mortgage application.
    4. Please note that some information issued by the Lender may not be in English. Please note that we do not offer an official translation service and you should make your own arrangements in this respect.
    5. Before signing and accepting the mortgage deed you should take independent legal advice. We would advise that you check the mortgage deed to ensure that you have fully understood the product.
  4. Fees and Payment
    1. We shall agree our fees with you in advance of the provision of the Services and we will notify you of our fees, in writing. Apart from our Introductory Fee, which is non-refundable, we may also agree with you a Completion Fee.
    2. The Introductory Fee is payable by you to us in advance of us starting work, either by cheque, transfer, debit or credit card.
    3. An invoice for our Completion Fee will be generated on completion of your mortgage and is payable by you to us, by any of the methods specified in condition 4.2 above, within 7 days of the date of us issuing you the relevant invoice.
    4. Time of payment is of the essence and we reserve the right to suspend the provision of Services to you where any amounts are overdue, until all such amounts have been paid.
    5. You are not entitled to withhold payment of any amount due to us by way of any set-off or counterclaim.
    6. If you fail to pay any amount due to us on the due date, interest shall be added to such amount at the rate of 3% over the base rate for the time being of Barclays Bank plc for the period from the due date until and including the date of receipt (whether before or after judgment).
    7. We reserve the right to alter or withdraw at any time any credit allowed to you.
  5. Other Fees
    1. Please note that other fees may be payable in connection with the provision of the Services, including, but not limited to, fees charged by the Lender, legal representatives, surveyors, agents, valuers, architects, developers, as well as taxes and/or charges levied by local and/or national governments. For the avoidance of doubt, you shall be responsible for paying any such fees and costs.
  6. Third Party Commision
    1. Please note that in the provision of the Services there may be occasions whereby we receive or pay commission to third parties. For example, if we arrange a mortgage for you, it is likely that we will receive commission from your Lender and if you have been introduced to us by a third party, it is likely that we will pay commission to that third party.
    2. We reserve the right to work in conjunction with such third parties and to establish such commission arrangements as we see fit.
  7. Termination of Agreement
    1. Either party may terminate our agreement to provide you with the Services at any time. Termination shall be without prejudice to the provision of any Services which we have already been initiated, which, for the avoidance of doubt, shall be completed according to these Conditions, unless otherwise agreed in writing. Providing that the Services are completed in accordance with these conditions, you agree that we shall be entitled to invoice you in full and you agree to pay that invoice, along with any other properly incurred expenses.
    2. Notwithstanding any termination we shall be entitled to receive and retain our normal fees in relation to a mortgage advance from a Lender introduced by us.
  8. Limitation on Liability
    1. Except as set out in this condition 8 all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, non supply or delay in supplying the Services are excluded to the extent permitted by law.
    2. Subject to the provisions in condition 8.4 below, we are not liable to you in contract, tort (including negligence or breach of statutory duty) or otherwise for any of the following losses or damages, whether direct or indirect, arising out of, or in connection with, the supply, non supply or delay in supplying the Services or otherwise in connection with these Conditions:
      1. loss or damage incurred by you as a result of third party claims;
      2. loss of actual or anticipated profits;
      3. loss of business opportunity;
      4. loss of anticipated savings;
      5. loss of goodwill;
      6. injury to reputation; or
      7. any indirect, special or consequential loss or damage howsoever caused.
    3. Subject to conditions 8.2 and 8.4, our entire liability arising out of or in connection with the supply, non supply or delay in supplying the Services, or otherwise in connection with these Conditions, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, is limited to 125% of the fees we receive for the provision of the Services, in respect of each event or series of connected events.
    4. Nothing in these Conditions shall operate to exclude or restrict our liability for:
      1. death or personal injury resulting from negligence;
      2. breach of the obligations arising from section 12 of the Sale of Goods Act 1979; or
      3. fraud or deceit.
  9. Data Protection
    1. IPF acknowledges that if it is required to process your personal data (as the term ‘personal data’ is defined in section 1(1) of the Data Protection Act 1998) in the course of providing the Services it shall do so only on your instructions and that it shall maintain in place, having regard to the state of technological development and the cost of implementation, all appropriate measures, procedures and policies to protect the security and integrity of any such personal data.
  10. Governing Law and Jurisdiction
    1. These Conditions and any matter arising from them shall be governed and construed in accordance with the law of England and Wales.
    2. Each party agrees to submit to the non-exclusive jurisdiction of the courts of England and Wales over any claim or matter arising in connection with these Conditions.
  11. Miscellaneous
    1. Both parties agree that these Conditions constitute the entire agreement and understanding between us in respect of the provision of the Services and that these Conditions supersede any previous agreement between us, relating to the provision of such Services. Each of the parties acknowledge that it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) other than as expressly set out in these Conditions. Nothing in this provision shall operate to exclude any liability for fraud.
    2. If any provision of these Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Conditions, which shall remain in full force and effect.
    3. Both parties agree not to divulge or allow to be divulged to any person any confidential information relating to the business or affairs of the other party, except as permitted by law or with the other party’s written consent.
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