PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING https://aps-cyprus.com/.
1. ABOUT US
The website at www.aps-cyprus.com (“Site”) is operated by APS Debt Servicing Cyprus Limited (“We”, “Us” or “Our”) and provides a platform for the display of real estate under the ownership of Hellenic Bank Public Company Limited and/or of direct or indirect wholly owned subsidiary companies of Hellenic Bank Public Company Limited (“Bank”).
We are a private limited liability company registered in the Republic of Cyprus under company registration number HE363203 and have our registered office at 20 Amphipoleos Street, Amphipoleos Building, 2025, Nicosia, Cyprus. We are authorized by the Bank to manage the properties of the Bank (“Properties”).
The Properties that appear on this Site are owned by the Bank. We are authorized by the Bank to manage the Properties of the Bank. We do not own any of the Properties displayed on the Site.
3. SITE TERMS
These terms and conditions (“Terms”), which are legally binding, govern your use of the Site. By using and accessing the Site, you agree to be bound by, and comply with, the Terms. If you do not accept the Terms in full you should not access or use this Site and should leave the Site immediately.
We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.
Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information and convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. If you decide to use or access such other linked websites, you do so at your own risk.
We have no control over the contents of those linked websites or resources and therefore we make no warranties or representations as to the accuracy of any of the information appearing in relation to any of the linked websites.
The information, material, content and prices provided in the pages of the Site may be changed at any time without notice. We may amend the Terms at any time by updating these pages. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. You agree that your use of any part of this Site will be subject to any such changes once they are made.
5. HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.
6. DO NOT RELY ON INFORMATION ON THIS SITE
The content on our site is provided for general information only. It is not intended to amount to advice of any kind on which you should rely. You must obtain professional or specialist advice on legal, financial, real estate or any other relevant matter before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
In particular, we will not be liable for:
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access the Site. You should use your own virus protection software. Therefore, we will not be liable for any loss or damage caused by a virus, attack or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or any website linked to it.
We do not give any representations, warranties or undertakings in relation to the properties marketed on the Site. In particular, we will not be responsible for ensuring that the properties are suitable for your purposes. We are therefore not liable regarding any misinformation, inaccuracy, mistake, misrepresentation, and so on, regarding the Property information, including location, size, dimensions, physical and legal condition, and so on, on the Site. The users of the Site interested in making a tender offer in respect of any of the properties marketed on the Site are responsible to visit and inspect the relevant properties, either themselves or through an advisor or a representative.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Law on the Convention against Cyber Crime (Ratifying) Law of 2004 (22(III)/2004) of the Republic of Cyprus as amended from time to time. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
8. TENDER PROCESS
Tenders for the purchase of a Property must be submitted through the submission of the tender form which must be fully completed and signed by the interested party. The tender form can be found at each property "Make an Offer" button on the Website.
All tenders must be delivered to us either:
(a) through this Website; or
(b) by email to firstname.lastname@example.org, to the attention of Sales Manager; or
(c) in a sealed envelope to the following address:
“APS Debt Servicing Cyprus Ltd
Real Estate Department Attn.: Sales Manager
20 Amphipoleos Street,
2025, Nicosia, Cyprus”
Any tenders sent otherwise than as stipulated above shall be considered as not having been made.
Tender forms submitted are subject to our evaluation and review. We are not at any point liable or obliged to respond to any tender submitted regarding any Property, but may do so at our discretion. The Bank reserves its right to consider, accept or reject any tender received irrespective of the amount of the tender or of the date by which the tender was submitted to us. The Bank retains the right, after the submission of all tenders, to request the submission of a final tender by email from all interested parties. Each interested party should read and comply with the terms and conditions on the tender email. The Bank reserves further the right at any time, to proceed with the sale of any Property to any third party.
The successful Tenderer will be contacted by the Bank and/or by Us informing him that his tender has been accepted and will be required to sign a reservation agreement with the Bank to reserve the interested Property until a sale and purchase agreement is executed (the “Reservation Agreement”)*. The reservation fee payable will be 10% of the agreed purchase price (plus any VAT applicable), with a maximum of €10,000 (the “Reservation Fee”). If the successful Tenderer does not execute the Reservation Agreement and pay the relevant Reservation Fee, then the Bank will not proceed to enter into a sale and purchase agreement with the said Tenderer and retains the right, to enter into any agreement with any other person regarding the interested Property, at its discretion.
*Please note the following procedure adopted by the Bank to speed up the sale and transfer process:
We note that the procedure described in (a), (b) and (c) above may be amended at any time at the discretion of the Bank.
9. TERMS OF SALE
Upon execution of the Reservation Agreement and payment of the Reservation Fee, and completion of internal compliance and anti-money laundering procedures, the Bank will initiate the procedure for the preparation and execution of a sale and purchase agreement for the interested Property (the “SPA”).
The SPA, unless otherwise agreed with the Bank, shall be signed within 30 days from the execution of the Reservation Agreement.
Unless agreed otherwise and approved by the Bank, upon signing of the SPA a security deposit of an amount which equals to 10% of the offered purchase price shall be paid to the Bank by the interested buyer through a banker’s draft or electronic transfer (hereinafter the “Security Deposit”). The Reservation Fee shall be credited against the Security Deposit. In the event that the interested buyer does not fully comply with the full payment schedule for the acquisition of the Property according to the terms of the relevant SPA and/or he is not able to settle the agreed purchase price on the transfer date and/or does not fulfill the rest of his contractual obligations, then the Bank shall have the right to cancel and/or terminate the relevant SPA and be entitled to retain the Security Deposit, as cancellation charge pursuant to the non-fulfillment of the terms of the relevant SPA by the interested buyer and the property will return to the market for sale.
The signing of the relevant SPA shall take place the latest within 30 days as from the execution of the Reservation Agreement unless otherwise agreed with the Bank. If the interested buyer does not execute the relevant SPA, the Bank shall have the right to retain the Reservation Fee and return the Property to the market for sale.
Notwithstanding the above, the purchase price shall be paid by the interested buyer in accordance with the terms of the SPA, save for the amount of the Security Deposit, which shall be credited against the Purchase Price on the date of transfer of the Property to the buyer’s name.
Until full payment of the purchase price by the interested buyer, the Bank shall retain the ownership and possession of the property.
Further to the above, in cases where the sale will be effected through an assignment agreement, 100% of the purchase price shall be paid by the buyer upon signing of the assignment agreement.
The stamping process of the sale agreement shall be carried out by us whilst the stamp duty fee shall be borne and paid exclusively by the interested buyer, who will also be responsible to pay the relevant Land Registry fees for the submission of the sale agreement.
The interested buyer shall also pay the transfer fees and costs for the registration of the property in his name payable at the Land Registry Office.
Pursuant to the Value Added Tax Law of 2000 (Law 95(I)/2000) of the Republic of Cyprus, certain assets may be subject to VAT.
Any offer by a registered licensed estate agent (“Estate Agent”), in order to be accepted for evaluation purposes only, must state the name and details of the offeror and must contain a duly certified written declaration by the offeror that the Estate Agent represents and binds him and must state the duration and date of expiry of this representation. In no event are we bound towards the Estate Agent at the stage of evaluation. Therefore, we do not accept any liability or obligation whatsoever for the payment of any commission, remuneration, compensation or costs to the Estate Agent. The client registration from the licensed estate agent is valid for six months period.
In the course of the evaluation of the offer, the net price (price excluding Estate Agent commission) will be considered.
In the event the offer by the Estate Agent is accepted and an agreement is reached with the interested buyer for the purchase of the property and a sale agreement is signed in this respect between the interested buyer and the Bank (which agreement should include at least the aforesaid minimum terms), we undertake to pay to the Estate Agent a commission at a rate as pre-agreed with such Estate Agent. Such payment shall be effected after the completion of the sale agreement and the full settlement of the purchase price to the Bank.
The payment of the agreed commission to the Estate Agent will be made only after full payment of the purchase price of the property is received.
The offer by the Estate Agent must include a written acknowledgement and acceptance of the aforesaid term. In the alternative any offer will be considered as not accepted by the Bank.
We under no circumstances accept or undertake any liability or obligation whatsoever to pay any commission, fee or costs to any Estate Agent for the sale of any property unless and provided the Estate Agent follows the aforesaid procedure required by the Bank, and fulfils all the aforesaid obligations and requirements of the Bank.
We and/or the Bank have the right to review and reconsider the selling price at any time without prior notice.
Acceptance of the offer shall not in any case be binding on the Bank to ultimately proceed with the sale of the property without the prior signing of the sale agreement by the Bank. Until the signing of the sale agreement, and if the Bank considers that the transaction is no longer profitable, the Bank may opt not to proceed at no cost and without any liability for compensation or damages.
Acceptance of a tender and/or offer will be subject to all the necessary compliance and anti-money-laundering (AML) checks and reviews, and during this process the potential buyers must provide us with any and all information and documentation requested in order to successfully carry out the aforementioned checks and reviews. Any acceptance of a tender and/or offer by the Bank will also be subject to verification of source of funds and to agreeing on the final terms of the relevant sale agreement.
All interested buyers must check the town and planning details of the Property, its legal, technical and tax status with the appropriate authorities. Neither we nor the Bank accept any liability for any difference there might be between the Property details provided in the Website and those provided by the relevant authorities.
It is clarified that the final terms for the sale of a Property will be governed by the terms of the Reservation Agreement and SPA executed between the interested buyer and the Bank.
11. COMMUNICATIONS BETWEEN US
When we refer to “in writing” in these Terms, this includes email and/or online submission of a document.
Any notice or other communication given under or in connection with these Terms must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt [or at the time the notice is left at the proper address;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
12. ASSIGNMENT AND TRANSFER.
We may assign or transfer our rights and obligations under these Terms without requiring your prior consent.
Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
All notices shall be given to us, by post to our address provided in clause 1 of these Terms.
All notices sent by email will be deemed to have been received on the day that they are sent or, if sent on a national holiday in Cyprus or on a Saturday or Sunday, the next working day following the day on which the email was sent. All notices sent by post will be deemed to have been received 3 working days after the date of posting.
The information contained in this website is for general information purposes only. The information is provided by us and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we and/or the Bank be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under our control. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.