TERMS & CONDITIONS
These terms apply to services provided by Creed of London Limited, a company registered in
England and Wales under company number 09974433, registered office 3C Wentworth Street, London E1 7TB ("Creed", "we", "us").1. Who we are
Creed provides three categories of service: design, planning and build services; residential block management; and property portfolio management.
The specific scope of work for any client will be set out in a separate written proposal or agreement, which forms part of these terms.2. Our services
A client engagement begins once a written proposal has been accepted by the client, whether confirmed by signed acceptance, email confirmation, or payment of an agreed deposit. By accepting a proposal, the client agrees to be bound by these terms and conditions. Where there is any conflict between these terms and the proposal, the proposal shall take precedence.3. Engaging Creed
Fees for each engagement will be set out in the relevant proposal. Unless otherwise agreed in writing, invoices are due for payment within 14 days of the date of issue. Creed reserves the right to charge interest on overdue amounts at the rate of 8% per annum above the Bank of England base rate, calculated daily from the due date until the date of payment, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
Where a project requires third party costs to be incurred on the client's behalf (including but not limited to consultant fees, planning application fees, building regulation charges, and contractor payments), Creed may require payment of a deposit or advance against those costs prior to instructing any third party. Creed reserves the right to suspend services where invoices remain unpaid beyond 30 days of the due date.
4. Fees and payment
Creed acts as project coordinator and manager, selecting and appointing third party professionals on the client's behalf. Those professionals include but are not limited to architects, structural engineers, planning consultants, interior designers, and building contractors. Each such professional is appointed as an independent contractor and is solely responsible for the quality, accuracy and adequacy of their own work and advice. Creed will exercise reasonable care in selecting appropriate professionals for each project but accepts no liability for the acts, omissions, errors or negligence of any third party professional. Planning permission and building regulation approval are not guaranteed. Creed will use reasonable endeavours to prepare and submit applications that meet the requirements of the relevant authority, but cannot guarantee the outcome of any application. Where an application
is refused or requires amendment, Creed will advise the client on next steps. Additional fees may apply for resubmissions or appeals.
Any variation to the agreed scope of works must be agreed in writing by both parties before work on the variation commences. Creed will advise the client of the likely cost and time implications of any variation prior to agreeing it. Creed will use reasonable endeavours to adhere to agreed project timelines. Creed accepts no liability for delays caused by third party professionals, local authorities, building control bodies, weather, supply chain issues, or any other circumstances outside Creed's reasonable control. Creed will identify key decision and approval points within each project and will seek the client's written approval before proceeding past those points. The client is responsible for providing timely responses to approval requests. Delays caused by late client approval may affect project timelines and costs.5. Design, Plan & Build services
Creed acts as managing agent for the relevant property or block under the authority granted by the freeholder or RTM company. Creed will carry out its management duties in accordance with the RICS Code of Practice for Residential Property Management, as updated from time to time. All service charge funds collected by Creed on behalf of the client will be held in a designated client money account, separate from Creed's own funds, in accordance with the requirements of the RICS client money protection scheme. Service charge accounts will be prepared and issued in accordance with the relevant provisions of the Landlord and Tenant Act 1985, as
amended, including section 21 demands for service charge contributions and section 20 consultation procedures for qualifying works.
Either party may terminate this agreement by giving not less than three calendar months' written notice to the other. Creed reserves the right to terminate immediately in the event of non-payment of management fees or material breach of these terms by the client.
6. BLOCK MANAGEMENT services
The client authorises Creed to manage the properties listed in the proposal on the client's behalf. This authority includes but is not limited to: collecting rent, serving statutory notices instructing contractors for maintenance and repairs up to the agreed limit specified in the proposal, managing tenant communications, arranging tenancy renewals and new lettings, and handling deposit registration and releases.
All client monies collected by Creed, including rent and deposits, will be held in a designated client money account in accordance with the requirements of the relevant client money protection scheme. Deposits will be registered with a government-approved tenancy deposit scheme within the statutory timeframe and in accordance with the Housing Act 2004. Creed will carry out its management duties in compliance with all relevant landlord and tenant legislation, including but not limited to the Housing Act 1988, the Housing Act 2004, the Tenant Fees Act 2019, and all applicable licensing requirements.
Either party may terminate this agreement by giving not less than two calendar months' written notice to the other. Upon termination, Creed will transfer all client funds, documentation and keys to the client or a nominated replacement agent within a reasonable period.7. Portfolio Management services
Creed's total liability to the client for any claim arising out of or in connection with these terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total fees paid by the client to Creed in the twelve months preceding the date on which the claim arose. Creed shall not be liable to the client for any indirect, consequential or special loss, including but not limited to loss of profit, loss of revenue, loss of anticipated savings, or loss of goodwill, even if Creed was aware of the possibility of such loss. Nothing in these terms shall limit or exclude Creed's liability for death or personal injury caused by Creed's negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by applicable law.
8. LIABILITY
Either party may terminate an engagement by giving written notice to the other in accordance with the notice periods set out in the relevant service clause above or as specified in the proposal.
Either party may terminate immediately by written notice if the other party commits a material breach of these terms that is not remedied within 14 days of written notice requiring it to be remedied, becomes insolvent, enters administration, or is unable to pay its debts as they fall due. Upon termination of any engagement, the client shall pay all fees and third party costs incurred up to and including the date of termination. Creed shall have no obligation to refund any fees already paid for work already carried out.9. CANCELLATION AND TERMINATION
10. GOVERNING LAW
These terms are governed by the laws of England and Wales, and any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.