Terms and Conditions of Business
Effective Date: 01/09/2025
Last Updated: 01/09/2025
1. Introduction
Welcome to Island Land ("we," "our," "us," or the "Company"). These Terms and Conditions of Business ("Terms") govern your use of our services and website located at www.islandland.co.uk (the "Service") operated by Island Land.
By engaging our services or using our website, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service or engage our services.
2. About Island Land
SGS Ltd Trading as Island Land is a property development facilitation company specializing in brownfield and greyfield site development across Guernsey, Jersey, and the Isle of Man. We provide planning application services, site assessment, and development consultation services to landowners and property professionals.
3. Our Services
3.1 Core Services
We provide the following services:
• Planning application preparation and submission
• Site assessment and feasibility studies
• Architectural and survey services coordination
• Development consultation
• Property auction services
• Site marketing and promotion
3.2 Service Delivery
• All planning applications and related work are subject to local authority approval
• We cannot guarantee planning permission will be granted
• Timescales are estimates and may vary due to factors beyond our control
• We reserve the right to decline any project at our discretion
4. Engagement Terms
4.1 No Upfront Costs Model
• We cover all planning fees, surveys, architectural work, and professional costs upfront
• Payment is only due upon successful planning permission and site sale
• Our fee is calculated as a percentage of the land value uplift achieved
4.2 Exclusivity
• Upon signing our agreement, the landowner grants us exclusive rights to pursue planning permission for the specified period
• The exclusivity period will be clearly defined in individual service agreements
• Landowners may not engage other parties for the same services during the exclusivity period
4.3 Success Fee Structure
• Our fee is contingent upon successful outcomes
• Percentage rates will be agreed in writing before commencement
• Fees are payable upon completion of sale or transfer of the developed site
• All fee structures will be transparent and agreed in advance
5. Landowner Obligations
5.1 Property Access and Information
• Landowners must provide reasonable access to the property for surveys and assessments
• All relevant documentation and information about the property must be disclosed
• Landowners must inform us of any changes in circumstances that may affect the project
5.2 Legal Requirements
• Landowners warrant they have legal title and authority to engage our services
• All necessary consents from co-owners, mortgagees, or other parties must be obtained
• Landowners are responsible for ensuring compliance with any existing obligations or restrictions
6. Auction and Sale Process
6.1 Public Auction
• Upon successful planning permission, sites will be offered through public auction unless otherwise agreed
• Auction terms and conditions will be provided separately
• Reserve prices will be agreed with landowners in advance
6.2 Marketing Period
• We reserve the right to market properties for a reasonable period before auction
• Alternative sale methods may be used with landowner consent
• All marketing activities will be conducted transparently
7. Intellectual Property
7.1 Our IP
• All designs, reports, and documentation created by us remain our intellectual property
• Landowners receive a license to use materials for the specific project only
• Our methodologies, AI tools, and processes are proprietary and confidential
7.2 Third Party IP
• We respect third-party intellectual property rights
• Any third-party materials used will be properly licensed
• Landowners indemnify us against any IP claims related to information they provide
8. Data Protection and Privacy
8.1 Data Collection
• We collect and process personal data in accordance with UK GDPR and applicable data protection laws
• Our Privacy Policy (available separately) details how we handle your data
• Data is collected for legitimate business purposes only
8.2 Data Security
• We implement appropriate technical and organizational measures to protect your data
• Data may be shared with professional advisors, contractors, and regulatory authorities as necessary
• We retain data only for as long as necessary for business and legal purposes
9. Liability and Insurance
9.1 Professional Indemnity
• We maintain appropriate professional indemnity insurance
• Insurance details are available upon request
• Coverage limits are reviewed annually and maintained at appropriate levels
9.2 Limitation of Liability
• Our liability is limited to the value of fees received for the specific project
• We are not liable for indirect, consequential, or punitive damages
• We are not responsible for third-party acts, local authority decisions, or market conditions
• Nothing in these terms excludes liability for death, personal injury, or fraud
9.3 Force Majeure
• We are not liable for delays or failures due to circumstances beyond our reasonable control
• This includes but is not limited to natural disasters, government actions, or industry-wide disruptions
10. Complaints and Dispute Resolution
10.1 Complaint Procedure
• Complaints should be submitted in writing to our designated complaints officer
• We aim to acknowledge complaints within 5 business days
• Full investigation will be completed within 28 days where possible
10.2 Dispute Resolution
• Disputes will first be addressed through good faith negotiations
• If unresolved, disputes may be referred to mediation
• Any legal proceedings will be subject to the jurisdiction of the courts of The Bailiwick of Guernsey
11. Regulatory Compliance
11.1 Professional Standards
• We operate in accordance with relevant professional standards and codes of conduct
• We maintain memberships with appropriate professional bodies where required
• Continuing professional development is maintained by all staff
11.2 Anti-Money Laundering
• We comply with all applicable anti-money laundering regulations
• Client due diligence procedures are implemented as required
• Suspicious transactions will be reported to appropriate authorities
12. Termination
12.1 Termination by Either Party
• Either party may terminate the agreement with written notice as specified in individual contracts
• Termination does not affect accrued rights or obligations
• Work completed to termination date will be charged at agreed rates
12.2 Effect of Termination
• Upon termination, all confidential information must be returned or destroyed
• Intellectual property rights remain as specified in these terms
• Any outstanding fees become immediately payable
13. General Provisions
13.1 Entire Agreement
• These terms, together with individual service agreements, constitute the entire agreement
• Variations must be agreed in writing and signed by both parties
• No oral representations or agreements are binding
13.2 Governing Law
• These terms are governed by the laws of The Bailiwick of Guernsey
• Any disputes are subject to the exclusive jurisdiction of the courts of The Bailiwick of Guernsey
13.3 Severability
• If any provision is found unenforceable, the remainder of the terms remain in full effect
• Invalid provisions will be replaced with enforceable alternatives achieving similar objectives
13.4 Assignment
• We may assign or transfer our rights and obligations with reasonable notice
• Landowners may not assign their rights without our written consent
• Any assignment must comply with applicable legal requirements
14. Updates to Terms
We reserve the right to update these Terms and Conditions at any time. Changes will be posted on our website with the updated effective date. Continued use of our services after changes constitutes acceptance of new terms.
For material changes affecting existing agreements, we will provide direct notification where reasonably practicable.
