Learn how we safeguard your information online
Colliers.com is owned and operated by Colliers International Property Consultants, Inc. ("CIPC"), a subsidiary of Colliers International Group Inc. CIPC is committed to safeguarding your privacy online. It is our belief that you should understand how we use any information that you provide to us and, furthermore, that you should have the right to control the use of that information. For the purposes of the European General Data Protection Regulation, CIPC or another subsidiary of Colliers International Group Inc. acts as the data controller of personal information provided in the course of your visit to the website and interaction with Colliers.com.
In using the varied features of this website, you may occasionally provide personal information, such as your name, your contact information, or other information about yourself by which others may identify you (hereinafter "Personal Information"), to CIPC, our service providers, or other businesses which you may contact while visiting our site. CIPC and these other entities may use this information and other technical information about your use of this website to tailor their presentations to you, to facilitate your movement through this website, or communicate separately with you (subject to any applicable local laws relating to such communications). However, we will never intentionally provide any of your Personal Information to other companies or individuals not listed above (collectively "Third Parties") without notifying you at the time of such data collection or transfer if your Personal Information is to be shared with a Third Party.
The following describes how we are using the information that you provide to us.
1. What Personal Information does Colliers.com collect from you?
Colliers.com collects information in several ways from different parts of our web site.
Some Personal Information is gathered when you sign up for our newsletter, enter a site feedback form, or complete a client satisfaction survey. During the on-line registration process, for example, Colliers.com may ask for your name, email address, telephone number, postal code, occupation, industry information and professional interests. The more Personal Information you volunteer (and the more accurate it is), the better we are able to assist you with your real estate needs.
2. What are cookies and how does Colliers.com use them?
Cookies from Colliers.com can only be read by Colliers.com. And, if you choose to disable cookies in your browser, you will still be able to access most of the areas on this website. However, please note that if you disable all cookies using your browser certain features of the website may not be available.
3. How does Colliers.com use Personal Information?
Any Colliers’ entity acting as a data controller will only process your Personal Information where in its legitimate interest or where necessary where it has obtained your consent for the purposes described below.
Colliers.com's primary goal in collecting Personal Information is to provide you, the user, with a customized experience on our network of sites. This includes personalized services, interactive communications, online transactions and many other types of services, most of which are completely free to you. In order to provide such services free of charge, we display advertisements. By knowing little about you, Colliers.com is able to deliver more relevant advertisements and content, and hence better service, to you. Colliers.com may conduct research on our users' demographics, interests, and behavior based on the information provided to us upon registration, during a promotion, from our server log files or from surveys. We do this in order to better understand and serve our users. This research is compiled and analyzed on an aggregated basis. CIPC may share aggregated user data with advertisers or business partners. However, CIPC will never intentionally provide any of your Personal Information to other companies or individuals without first notifying you and will take all reasonable steps to protect such Personal Information from perpetrators of fraud or internet piracy.
4. Who is collecting information?
When you are on a Colliers.com site and are asked for Personal Information, you are sharing that information with Colliers.com alone unless it is specifically stated otherwise.
5. Does Colliers.com share my information with outsiders?
From time to time, you may be offered the opportunity to receive materials or special offers from Third Parties. If you opt-in to receive information from these Third Parties, Colliers.com will share your name and email address with them.
We highlight that CIPC may share your Personal Information with certain other subsidiaries or affiliates of Colliers International Group Inc. from time to time, including to entities located outside the European Economic Area (the “EEA”) who do not provide a similar or adequate level of protection to that provided by countries in the EEA. By submitting your Personal Information to Colliers.com., you consent to the transfer of your Personal Information to such entities and other recipients as described in this Privacy Notice that are located in countries outside of the EEA. You may withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
6. What are my choices regarding collection, use, and distribution of my information?
Colliers.com may, from time to time, send you an e-mail regarding our services. In addition, if you indicated upon registration that you are interested in receiving offers or information from Colliers.com, we may occasionally send you direct mail about services which we feel may be of interest to you. Only Colliers.com (or agents working on behalf of Colliers.com under confidentiality agreements) will send you these direct mailings. At any time you can easily edit your Colliers.com account information to no longer receive such offers and mailings.
You also have choices with respect to cookies. As mentioned earlier, by modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is about to be set, or to reject all cookies. If you choose to reject all cookies you will be unable to edit your newsletter profile. So, as mentioned earlier, if you wish to edit your newsletter profile, make sure that you have not configured your browser so as to reject all cookies.
7. How does Colliers.com protect my personal and business-related information?
Keeping your information private is vitally important to us. As with all information, Colliers.com will never rent or sell your personal and business-related information to Third Parties without your express permission.
8. What security precautions are in place to protect the loss, misuse, or alteration of my information?
Your Colliers.com Profile Information are accessed by the cookies on your computer so that only you should have access to this Profile Information. You may edit your Colliers.com Profile Information by logging on to the Colliers.com Website from your computer.
We recommend that you sign out of your Colliers.com account and close your browser window when you have finished your work. This will help ensure that others cannot access your Personal Information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or an Internet cafe.
Colliers.com will retain any personal information provided in accordance with any statutory periods that may apply or for so long as required to keep such data for the applicable purpose it is being used for and until such time as the limitation period for any potential legal claims may expire.
9. What else should I know about my privacy?
Please keep in mind that whenever you disclose Personal Information online - for example on message boards, through email, or in chat areas - that information can be collected and used by others. In short, if you post Personal Information online that is accessible to the public, you may receive unsolicited messages from other parties in return.
PLEASE REMEMBER THAT NO DATA TRANSMISSION OVER THE INTERNET CAN BE GUARANTEED TO BE 100% SECURE. AS A RESULT, WHILE WE STRIVE TO PROTECT YOUR PERSONAL INFORMATION, COLLIERS.COM, CIPC OR COLLIERS INTERNATIONAL CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US AND YOU DO SO AT YOUR OWN RISK. ONCE WE RECEIVE YOUR TRANSMISSION, WE MAKE OUR BEST EFFORT TO ENSURE ITS SECURITY ON OUR SYSTEMS.
Individuals in Europe have certain data subject rights which may be subject to limitations and/or restrictions. These rights may include the right to: (i) request access to and rectification or erasure of their personal data; (ii) obtain restriction of processing or to object to processing of their personal data; and (iii) data portability.
If you wish to exercise one of the above mentioned rights, please send us your request via email to: UK.GDPR@colliers.com. You may also have the right to lodge a complaint about the processing of your personal data with one or more applicable regulatory authorities.
10. Additional Information
For any questions regarding this statement, please contact us at UK.GDPR@colliers.com or at:
50 George Street
London W1U 7GA
Tel: 020 7935 4499
Colliers International is the licensed trading name of Colliers International Property Consultants Limited (a company registered in England and Wales with number 7996509) and the following limited liability partnerships registered in England and Wales:
Colliers International Capital Markets UK LLP - registered number OC392075
Colliers International Central London UK LLP - registered number OC39163
Colliers International Property Advisers UK LLP - registered number OC385143
Colliers International Rating UK LLP- registered number OC391634
Colliers International Retail UK LLP - registered number OC334835
Colliers International Valuation UK LLP - registered number OC391629
The registered office of each entity is at 50 George Street, London W1U 7GA.
The information contained in this site is for general guidance on matters of interest only. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this site. Accordingly, the site should not be used as a substitute for consultation with a licensed commercial real estate broker or other competent advisers. Before making any decision or taking any action, you should consult a Colliers International professional.
While we have made every attempt to ensure that the information contained in this site has been obtained from reliable sources, Colliers International is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information in this site is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
In no event will Colliers International, its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this site or for any consequential, special or similar damages, even if advised of the possibility of such damages.
Colliers International will periodically revise the information; services and resources contained in this Site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors.
You may download content for non-commercial, personal use only, provided copyright, trademark or other proprietary notices remain unchanged and visible. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You agree that you will not otherwise copy, modify, alter, display, distribute, sell, broadcast or transmit any material on the Site in any manner without the written permission of Colliers International.
The Site is provided on an "as is" basis. Colliers International expressly disclaims all warranties including the warranties of merchantability, fitness for a particular purpose and non-infringement . Colliers International disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from the Site and the content, including but not limited to technical inaccuracies and typographical errors, (b) any third party Websites or content therein directly or indirectly accessed through links in the Site including but not limited to any errors in or omissions therefrom, (c) the unavailability of the Site or any portion thereof (d) your use of the Site or (e) your use of any equipment or software in connection with the Site.
In no event and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Colliers International be liable for any direct, indirect, special, incidental or consequential damages arising out of any use of the information contained herein, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction.
You agree to defend, indemnify and hold Colliers International harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from and related to your use of the Site.
Unless otherwise noted, the graphic images, buttons and text contained in this Site are the exclusive property of Colliers International and its subsidiaries. Except for personal use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of Colliers International.
This Site features logos, brand identities and other trademarks and service marks (collectively, the "Marks") that are the property of, or are licensed to Colliers International and its subsidiaries. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Site without written permission of Colliers International or any such third party that may own a Mark displayed on the Site.
Certain links in this site connect to other Websites maintained by third parties over whom Colliers International has no control. Colliers International makes no representations as to the accuracy or any other aspect of information contained in other Websites. Colliers International is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.
Terms of Business
These are the terms upon which Colliers International Property Advisers UK LLP (registered no OC385143) and/or Colliers International Capital Markets UK LLP (registered no OC392075) and/or Colliers International Central London UK LLP (registered no OC391630) and/or Colliers International Rating UK LLP (registered no OC391634) and/or Colliers International Retail UK LLP (registered no OC334835) and/or Colliers International Valuation UK LLP (registered no OC391629) and/or Colliers International Property Consultants Ltd (registered no 7996509), in each case trading as Colliers International, agree to act for you. The entity with which you have engaged will be noted on our letterheads, email footers and invoices that are sent to you. If you are at all unsure as to with which entity you have engaged, please contact us and we will confirm the same. Our agreement takes effect from the date we agree to accept your instructions but these terms will apply from the date we provide you with a copy of them.
1. Definitions and Interpretations
1.1 Terms means the terms of business set out in this document and include any other terms and conditions set out or referred to in our Instruction Letter. These Terms apply to all services that you instruct us to provide and cannot be varied or amended except in writing and signed by you and us.
1.2 Client (referred to throughout as ‘you’) means the person, company, firm or other legal entity named in our Instruction Letter. We will not accept instructions to act for any other legal entity nor will these Terms apply unless we have agreed in writing to act for that alternative entity. We reserve the right to refuse to act for such an alternative entity until (if at all) we have undertaken due diligence to fulfil our internal credit, money laundering and risk obligations. In the event that we are instructed to act for a single purpose corporate vehicle we reserve the right to require and be provided with a parent company or other guarantee for our fees before accepting instructions to act. In the case of the sale of a Property by a corporate client in which the shares in such client are the assets transferring we will require the shareholders of such corporate client to guarantee its obligations to us.
1.3 Colliers Entity means any entity owned or controlled by Colliers International Property Advisers UK LLP or by any of its members, or owned or controlled by any other Colliers Entity.
1.4 Colliers International (referred to throughout as “Colliers” “we” or “us”) is the trading name of Colliers International Property Advisers UK LLP, Colliers International Capital Markets UK LLP, Colliers International Central London UK LLP, Colliers International Rating UK LLP, Colliers International Retail UK LLP, Colliers International Valuation UK LLP and Colliers International Property Consultants Ltd.
1.5 Confidential Information means information that is by its nature confidential and/or is designated by us to be confidential.
1.6 Instruction Letter means the letter of instruction, proposal or tender which is sent to you with these Terms. In the event that there is any conflict between the terms set out in this document and the terms set out in the Instruction Letter the terms in the Instruction Letter shall take precedence.
1.7 The Property means the assets (including shares in a company) which are the subject of our instructions and all other assets in which an interest is acquired by a purchaser including contents fixtures and fittings and any business carried on at the Property.
1.8 Purchaser includes a tenant or licensee.
1.9 Seller includes a landlord or licensor.
1.1 Services means the specific services set out in the Instruction Letter and any other services which we agree in writing to provide.
1.11 Sole Selling Rights – Unless specified to the contrary in the Instruction Letter by instructing us to dispose of and/or acquire (as applicable) the Property you grant us Sole Selling Rights which means that you will be liable to pay remuneration to us, in addition to any other costs or charges agreed, if:
(a) unconditional contracts for the sale and/or lease (as applicable) of the Property are exchanged in the period during which we have Sole Selling Rights even if the purchaser and/or seller (as applicable) was not found by us but by another agent or by any other person, including you; and
(b) if unconditional contracts for the sale and/or lease (as applicable) of the Property are exchanged after the expiry of the period during which we have Sole Selling Rights but to a purchaser and/or seller (as applicable) who was introduced to you during that period or with whom we had negotiations about the Property during that period.
2. Fees2.1 Our fees are as stated in the Instruction Letter.
2.2 Where we agree to act jointly with another professional then the fee payable to us will be an agreed proportion of the total fee due. In the absence of such an agreement we shall be paid in equal proportion to the other professional(s).
2.3 Abortive Fees
(a) Unless otherwise agreed in writing if you instruct us to act for you and thereafter the transaction or instruction becomes abortive because you withdraw or you terminate our instructions we shall be entitled to 50% of the fee we would otherwise have received had the matter proceeded to completion.
(b) Whether the transaction or instruction concludes or not the disbursements and expenses referred to in Clause 3.0 below will be payable by you in any event.
(c) In the case of consultancy services an abortive fee will be calculated and payable by you according to our hourly rate at the time for all work done.
2.4 Additional Work where we are required to undertake additional work outside the agreed scope of the Services additional charges will be agreed.
2.5 Estimates any estimates of fees and disbursements are provided on the basis of the information you provide to us. Such estimates are not therefore binding upon us if the information provided is in any way incomplete, misleading or wrong.
2.6 Retention of commissions in addition to any fees which are payable by you, unless otherwise agreed we may retain any commissions that we may receive from third parties in the course of providing the services. We will disclose any such commission to you.
3. Disbursements and Expenses
3.1 We will provide you with an estimate of disbursements and expenses prior to incurring them. Such items include but are not limited to travel, advertising and marketing (including ‘for sale’ and ‘to let’ boards), in-house mailing, printing, maps, photography, photocopying, library and data services, research, bank references, planning applications and RICS and other regulatory fees.
3.2 Disbursements and expenses may be charged to you as soon as they are ascertained or incurred, whether or not our instruction proceeds to a conclusion.
3.3 You agree to indemnify us against any liability on our part in respect of such disbursements and expenses.
3.4 In all circumstances in which your instructions involve an amount of administration on our part, such as photocopying, faxing etc, we shall be entitled to add an administration charge to our bills to cover such expense.
4. Charges Due4.1 We will be entitled to issue an invoice and our fees will become due for payment free from any discount, deduction set-off or counter claim:
(i) On the date(s) specified in the Instruction Letter
(ii) When you withdraw your instructions (in which case Clause 2.3 applies).
4.2 In all other cases charges become due on the date that we issue an invoice for the services provided and/or the disbursements and expenses incurred.
4.3 All invoices are payable by you upon delivery to you.
4.4 In the event that we are required to issue proceedings to recover any fees or disbursements and we are successful in such proceedings you agree that you will pay our legal costs of such proceedings even if the amount claimed is less than the limit for small claims cases.
5.1 The fees disbursements and expenses referred to in these Terms and in the Instruction Letter are all subject to the addition of VAT where applicable (and any other taxes whether UK or overseas which may arise).
5.2 You will comply with the Criminal Finances Act 2017 and ensure that you and your associated persons do not commit or facilitate a tax evasion offence.
6.1 Unless otherwise agreed in writing, in default of payment by you within 21 days of delivery of an invoice, interest will be chargeable upon outstanding invoices at the rate of 6% above the Bank of England minimum lending rate from time to time from the date of our invoice until payment.
7. Scope of Services
7.1 We accept no liability for the content or interpretation of title, regulatory documents (such as Energy Performance Certificates) or tenancy documents and unless specifically instructed to report on them we do not warrant that properties on which we advise are in satisfactory structural order; that any land is free from contamination; or that any land or property is compliant with regulations, or that any land or premises has planning permission or is capable of being developed for the purposes for which it may be required.
7.2 We will perform the Services within a reasonable period of time after acceptance of your instructions on the basis that:
(a) Any estimates of the time for performance of the Services are not to be legally binding upon us; and
(b) We shall be entitled (but not obliged) to delegate performance of the Services (or any part of them) by instructing one or more other persons, firms or companies (whether as sub-agent or in any other capacity) upon such terms as we consider appropriate in our absolute discretion.
7.3 It may be necessary as part of our work to instruct specialist consultants on your behalf. We will not do so before obtaining your authority. Once you have authorised us to instruct such specialist consultants you will be responsible for payment of their fees and matters relating to their performance. In accepting your instructions to instruct such specialist consultants we do not warrant their competence. If we are instructed by you to supervise the work of such specialist consultants we will be entitled to charge an additional fee calculated by reference to the time incurred in doing so however we assume no liability for any advice given to you by such consultants.
7.4 Any market projections incorporated within our Services including but not limited to, income, expenditure, associated growth rates, interest rates, incentives, yields and costs are projections only and may prove to be inaccurate. Accordingly, such market projections should be interpreted as an indicative assessment of potentialities only, as opposed to certainties.
8. Information Provided
8.1 Unless you inform us in writing to the contrary we shall not be required to check or approve the accuracy of information provided to us by you or others including Energy Performance Certificates. In the event we are instructed to act for you on the assignment of a lease and/or a letting (including a sub-letting), you warrant that the Property has the minimum Energy Performance Certificate rating or a valid registered exemption to comply with the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 and/or any other applicable law or regulations.
8.2 Unless you inform us in writing to the contrary you hereby warrant the accuracy of all information provided to us by you or on your behalf on the basis that you expect us to rely upon it.
8.3 You will check all marketing materials that we produce in respect of any Property that we have been instructed to dispose on your behalf and you will notify us immediately if you become aware that any such marketing materials are inaccurate, misleading or incomplete.
8.4 You undertake to indemnify us against all costs, claims, charges and expenses of whatever nature which may arise as a result of any such information proving to be inaccurate (whether wholly or in part), misleading or incomplete.
8.5 Subject only to Clause 12 below any information which we acquire from you in the course of performing instructions may be used by us for any other purpose unless you instruct us in writing at any time prior to such use by us.
9. Our Reports
9.1 In relation to any written report or advice prepared by us you agree that neither the whole nor any part of our report or advice or Confidential Information may be included in any published document, circular or statement or published in any way without our written approval prior to publication.
9.2 Copyright in any reports, documents or other material provided to you by us shall remain our property at all times.
10.1 After completing our work, we are entitled to keep all and any of your papers and documents until our fees and charges are paid in full.
10.2 Unless you instruct us to the contrary, you hereby agree that we may destroy papers or documents relating to the Services six years after the date of the final invoice that we send you for the particular matter.
11.1 We shall treat receipt of an email from you as a request to us to communicate with you by email.
11.2 If you intend to communicate with us by email, by accepting these Terms you confirm that you understand the risks of doing so and you authorise us to act upon electronic instructions which have been transmitted (or appear to have been transmitted) by you.
12. Data Protection
12.2 You agree that we may receive and retain documentary proof required by the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and can disclose it to any Government authority that is legally entitled to request it. You further agree and consent to identity checks being carried out electronically for anti-money laundering purposes. For the purposes of this clause only, you release us from our obligations under Clause 12.1 above.
12.3 We may occasionally use your contact details to inform you of property updates, client seminars, and the like. By accepting these terms you consent to our sending you such information. If you do not wish to receive such information, please advise us, by writing to the Data Protection Officer at our address.
13. Limitation of Liability
13.1 In relation to any Services provided by us to you the following limitations apply:
13.2 You agree not to bring any claim for any losses against any member, officer, director, employee or consultant of Colliers or any Colliers Entity (each a "Colliers Person"). You hereby agree that a Colliers Person does not have a personal duty of care to you and any claim for losses must be brought against Colliers. It is agreed that any Colliers Person may enforce this clause under the Contracts (Rights of Third Parties) Act 1999 but that these terms may be varied at any time without the need for them to consent.
13.3 We will not be liable in respect of any of the following (a) for any services outside the scope of the Services agreed to be performed by us:
(b) to any third party;
(c) in respect of any consequential losses or loss of profits.
(d) for any losses, costs, penalties or damages arising from the Energy Performance of Buildings Regulations 2011.
13.4 Where any loss is suffered by you for which we and any other person are jointly and severally liable to you the loss recoverable by you from us shall be limited so as to be in proportion to our relative contribution to the overall fault.
13.5 Our liability for loss and damage attributable to our negligence, breach of contract, misrepresentation or otherwise (but not in respect of fraud, fraudulent misrepresentation, death or personal injury) shall not exceed £1 million per single originating cause (or if higher, such minimum level of insurance cover as the Royal Institution of Chartered Surveyors requires us to maintain from time to time). This limit applies to each and every transaction and retainer and any subsequent work we undertake for you unless expressly overridden in a subsequent Instruction Letter signed by a director of Colliers.
13.6 The exclusions and limitations in this paragraph will not exclude or limit any liability for fraud or dishonesty or for liabilities which cannot lawfully be limited or excluded.
13.7 Where the Instruction Letter is addressed to more than one client, the above limit of liability applies to the aggregate of all claims by all such clients and not separately to each client.
13.8 No claims, actions or proceedings arising from or relating to the Services and/or this agreement shall be commenced against us after six years after the date of the completion of the Services or such earlier date as may be prescribed by law.
14.1 You agree to indemnify us against all costs, claims, charges and expenses which we shall incur by reason of (but not limited to):
(a) Use of any of our work for purposes other than those agreed by us.
(b) Misrepresentation by you or with your authority to third parties of advice given by us.
(c) Misrepresentation to third parties of the extent of our involvement in any particular project.
(d) Any claims or proceedings concerning Energy Performance Certificates prepared by you or on your behalf.
14.2 You also agree to indemnify us against any and all damages or liability suffered by us, arising from the use by us of material provided by you to us the copyright of which is vested in a third party.
15. Assignment15.1 Neither this agreement nor any of its terms may be assigned by you to any third party unless agreed in writing.
16. Termination of Instructions
16.1 We may terminate any agreement governed by these Terms immediately by notice in writing:
(a) Where as a result of circumstances outside the control of both of us the Services become impossible of performance or;
(b) Where you have rendered the Services impossible of performance or;
(c) You have provided incorrect information to us contrary to Clause 8 above upon which we have relied or;
(d) If you have not made payment by the due date of any sum payable to us or;
(e) At any time in the event that you are in material breach of your obligations to us or;
(f) Without assigning any reason and on the basis that you are under no obligation to pay any fees in respect of the matter and that we are under no obligation to perform any further services.
16.2 You (and if clause 16.1 does not apply we) may terminate any agreement governed by these Terms by giving not less than 28 days’ notice in writing. However, if the Instruction Letter states a minimum period for our instruction, notice to terminate may not be given so as to expire before the end of that period.
16.3 On termination of our instructions you will be liable to pay to us any outstanding disbursements and expenses and you will remain liable for any fees arising under Clauses 2, 3 and 5 of these Terms.
16.4 Notwithstanding termination of our agreement with you the provisions of Clauses 1 to 10, 12, 13, 14, 19, 20 and 21 shall remain in full force and effect.
17.0 Money Laundering Compliance
We are required by law to operate procedures pursuant to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, which may include requesting that you provide us with documentary proof of identity, proof of address and/or proof of funding in relation to a particular transaction or instruction. You agree to comply with any such requests promptly. You also agree that we may, at our sole discretion and without obligation, give reliance on and/or provide the identity checks we have carried out on you to an agent acting for the counterparty involved in the transaction of the Property. Should you or your agents or advisers receive any information in respect of the counterparty involved in the transaction of the Property which we may require to comply with our legal obligations and which you are aware we have not otherwise received, you shall procure the provision of that information (and any changes in those details) to us upon our request or prior to exchange of unconditional contracts for the transaction of the Property whichever is the earlier.
18. Complaints and Insurance
18.1 We operate a procedure for complaints handling as required by the Royal Institution of Chartered Surveyors. A copy is available on request.
18.2 The details of our professional indemnity insurance as set out in the Provision of Services Regulations 2009 can be requested from a member of our staff who is dealing with the Services.
19. Law and Jurisdiction
19.1 These terms of business are subject to the laws of England and Wales.
19.2 Any dispute shall be subject to the exclusive jurisdiction of the English Courts.
19.3 If a court rules that any provision of these Terms is invalid or unenforceable this will not affect the validity of the rest of the Terms which will remain in force.
20. Rights of Third Parties
Except as set out in clause 13 none of the Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party. No third party will be entitled to rely on any Report or advice except as agreed in writing by us.
You will not on your own account or in partnership or association with any person, firm, company or organisation, or otherwise and whether directly or indirectly during, or for a period of 12 months from, the end of the term of this agreement, solicit or entice away or attempt to entice away or authorise the taking of such action by any other person, any of our and/or any Colliers Entity employees, directors, members or consultants who have worked on the Services. In the event of any breach of this clause, you shall be liable to pay damages of one year’s gross remuneration of such employee, director, member or consultant and you agree that this is a reasonable pre-estimate of our loss arising from the breach of this clause.
22. Conflicts of Interest
You will inform us immediately if you are or become aware of any potential conflict which affects the Services. We may decline to act for you and/or terminate the Services if we consider that there is a conflict of interest.
23.0 Regulated by RICSColliers is regulated by RICS for the provision of surveying services. This means we agree to uphold the RICS Rules of Conduct for Firms and all other applicable mandatory professional practice requirements of RICS, which can be found at www.rics.org. As an RICS regulated firm we have committed to cooperating with RICS in ensuring compliance with its standards. The firm’s nominated RICS Responsible Principal is Sara Duncan, Head of Valuation and Advisory Services, based at 50 George Street, London W1U 7GA.
Modern Slavery Act 2015 Statement for the Financial Year 2019
This statement is made pursuant to section 54(1) of the Modern Slavery Act 2015, setting out our stance and commitment towards tackling modern slavery and eradicating it from society and is made on behalf of Colliers International Property Advisers UK LLP, a Limited Liability Partnership incorporated in England and Wales with registered number OC385143. In addition, the statement is made on behalf of the following subsidiaries of Colliers International Property Advisers UK LLP:
- Colliers International Property Consultants Limited
- Colliers International Capital Markets UK LLP
- Colliers International Rating UK LLP
- Colliers International Valuation UK LLP
- Colliers International Central London UK LLP
- Colliers Capital Holdings Limited
- Colliers International Retail UK LLP
- Colliers International Jersey Limited
When all taken together, referred to as “we”, “Colliers” or “us” in this statement. Colliers has offices in England, Scotland, and Jersey.
Colliers provides real estate related services in the United Kingdom and Jersey. Further details of the services Colliers provides can be found here: https://www.colliers.com/en-GB/Services
Supply Chain, Risk Assessment and Training
Goods and services that are provided to Colliers are in the context of the professional real estate services it provides, typically from an office environment. For example, Colliers receives services from other professional services such as accountancy firms, law firms, IT suppliers and banking institutions. In the circumstances of the services it provides and receives, Colliers considers its exposure to modern slavery risks to be low.
Given this assessment of risk, Colliers has presently not implemented bespoke training for all of its staff on modern slavery issues albeit our internal procurement leaders have been provided with relevant materials relating to modern slavery. The need for further and wider training will be closely monitored.
Policies and Due Diligence Processes on Slavery and Human Trafficking
We take all ethical issues seriously and this is reflected in our global code of ethics and conduct. Our core values of service, expertise and community demonstrate we are committed to providing service excellence in a socially responsible way.
We recognise the importance of ensuring that there is no form of modern slavery or human trafficking occurring in our business activities, or within our supply chains, or in any other of our business dealings, and summarise below the key steps we have taken.
- We maintain a Modern Slavery Policy, which sets out the standards we require of all those who work for us.
- Key suppliers are subjected to a risk assessment. Once that risk assessment is complete, the step below is applied if the supplier is rated as posing a certain level of risk.
- A Supplier Code of Conduct which requires those in our supply chain (referred to in the bullet point above) to comply with all relevant ethical and legal requirements, including the Modern Slavery Act 2015. Our Supplier Code of Conduct and questions relating to modern slavery form part of our supplier due diligence process.
- Appropriate provisions relating to legislative compliance are contained within supplier contracts.
- We have zero tolerance on modern slavery issues and will take all necessary and appropriate action should any of our staff or suppliers breach our robust policies on these matters.
- All internal recruitment is overseen by our HR department and we have a central health and safety forum which ensures that relevant human rights and welfare issues are complied with.
- We encourage those people in all our business dealings to report any issue or suspected breach for further investigation as appropriate. We operate a whistleblowing hotline for individuals to report such issues confidentially.
We will continue to monitor the effectiveness of the steps we have taken and will introduce further policies, procedures and training as appropriate.
This statement is made pursuant to section 54(1) of the Modern Slavery Act 2015 and constitutes the modern slavery and human trafficking statement for the financial year ending 2019 for Colliers. This has been approved by the members of Colliers International Property Advisers UK LLP.
CEO for Colliers International UK and Ireland
Designated Member of Colliers International Property Advisers UK LLP
5 March 2020
Colliers International Group Inc. (a publicly traded corporation headquartered in Toronto, Canada and listed on NASDAQ and TSX under the symbol “CIGI”) is an industry leading global real estate services company with more than 18,000 skilled professionals operating in 68 countries globally. With an enterprising culture and significant employee ownership, our professionals provide a full range of services to real estate occupiers, owners and investors worldwide.
Expertise, Collaboration and Entrepreneurship form the core of who we are. These values guide how we live and work, ensuring that by investing in relationships and doing what’s right for our clients, people and communities we accelerate success.
When property services are guided by shared values, our teams perform at a higher level, creating lasting personal connections among our colleagues, clients, and the communities we serve.
This document, updated and approved by the Board of Directors (the “Board”) of Colliers International EMEA Holdings Limited in March 2020, sets out the Colliers International UK group’s (“Colliers UK”) Tax Strategy and embodies these corporate values. The document will remain in effect until any amendments are approved by the Board. In publishing this document, Colliers regards itself as complying with its duty under paragraphs 16(2) and 19(2) of Schedule 19 of the Finance Act 2016.
1. Approach to risk management and governance arrangements in relation to UK taxation
Colliers UK aligns and complies with CIGI’s strong internal risk management mechanisms and governance control policy framework.
These corporate governance practices are designed to strengthen the Board’s management oversight and to serve the long-term interests of our shareholders, employees and other stakeholders.
In relation to taxation, our tax team employs compliance and risk monitoring process to keep our tax obligations under review regularly. External tax advice is obtained in complex or specialist areas.
2. Attitude of the group towards tax planning (so far as affecting UK taxation)
Colliers UK is in compliance with CIGI’s Corporate Responsibility policy and is committed to achieving and maintaining high standards of corporate responsibility in its business activities. We are deeply committed to the communities in which we operate and our attitude to tax planning corresponds with this.
At the same time to best serve our shareholders we actively monitor and apply available tax incentives and reliefs to minimize tax costs of conducting our business operations, in a manner consistent with the intent of the legislation. In doing so we always ensure that:
- Our conduct does not damage our brand and reputation in the jurisdictions in which we carry out business operations;
- We assess any tax risks that may be applicable, obtaining external tax advice where appropriate, to provide sufficient levels of comfort that adoption is responsible and in line with both the nature of our business operations and commercial strategy.
3. The level of risk in relation to UK taxation that Colliers UK is prepared to accept
The core values at Colliers UK embody full compliance with our Code of Ethics & Conduct and Financial Management Code of Ethics & Conduct, including providing full, fair, accurate, timely and understandable financial information to government agencies and complying with all applicable laws, rules and regulations. Where applicable laws and regulations are unclear or subject to interpretation we adopt an appropriately documented tax position whereby it is at least more likely than not to be allowable under those tax laws and applicable regulations.
4. Approach towards dealings with HMRC
Colliers UK is committed to maintaining a good working relationship with tax authorities.We seek to operate within an environment with minimal tax risk and uncertainty. This is achieved by adherence to:
- Complying fully with all applicable laws and regulations.
- Working constructively and proactively with tax authorities whilst demonstrating respect, integrity and dignity.
- Conducting ourselves professionally in an open and transparent manner to achieve timely resolution of any disputed issues.
Corporate Social Responsibility
We are pleased to bring your attention to our latest Corporate Social Responsibility Newsletter here.