Website Terms and Conditions.

1. Introduction

1.1 These Website Terms and Conditions (the “Terms”) govern your access to and use of www.duchessparkholding.co.uk (the “Site”) and the escrow and allied services (the “Services”) provided by Duchesspark Holding Limited (“Duchesspark”, “we”, “us” or “our”). By using the Site you confirm that you have read, understood and agree to be legally bound by these Terms. If you do not accept them you must immediately discontinue use of the Site and the Services.

1.2 We may revise these Terms at any time. Where we make a material change we will post the amended Terms on the Site and include a new "Last updated" date. Your continued use of the Site after any change constitutes your acceptance of the amended Terms.

2. About Us

2.1 Duchesspark Holding Limited is a private limited company incorporated in England and Wales under company number 06420368 with its registered office at 8th Floor 6 Kean Street, London, United Kingdom, WC2B 4AS , United Kingdom.

2.2 Regulatory status. We are not authorised or regulated by the Financial Conduct Authority (the “FCA”) or any other regulatory body in the United Kingdom or elsewhere. However, funds we hold may, depending on the institution used, be protected under the Financial Services Compensation Scheme (FSCS) up to applicable limits. You should confirm with us whether the FSCS applies in your particular case.

3. Definitions

“Client”, “you” or “your” means the person or legal entity that accesses the Site or instructs us to provide Services. “Escrow Agreement” means a written agreement between you and us (and, where relevant, other parties to a transaction) that sets out the commercial terms on which we will hold and release funds.
“Business Day” means any day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

4. Scope of the Services

4.1 We provide an unregulated escrow facility under which we:

receive funds from one or more parties to a transaction;
hold those funds in a segregated client account with a UK clearing bank or other reputable financial institution;
(where agreed) invest surplus balances in low‑risk money‑market instruments or deposit accounts; and
release the funds in accordance with the terms of the relevant Escrow Agreement.

4.2 We may also provide ancillary administrative services – including arranging payment instructions, verifying completion conditions, issuing receipts, and related transaction management – where expressly agreed in an Escrow Agreement.

4.3 We do not provide advice on investments, tax, legal matters or financial services and nothing on the Site constitutes, or shall be construed as, advice or a recommendation.

5. Client Eligibility and On‑Boarding

5.1 Services are available only to persons aged 18 years or over (or the age of majority in their jurisdiction) and to corporate or other legal entities with full capacity.

5.2 Before opening an escrow facility we must complete anti‑money‑laundering, counter‑terrorist‑financing and sanctions checks. You undertake to supply all information and documentation we reasonably request and to keep it up to date. If satisfactory verification is not provided, we may refuse to open or may suspend or terminate an escrow facility.

6. Opening, Holding and Releasing Funds

6.1 Each escrow facility will be documented in an Escrow Agreement that specifies (i) the origin of the funds; (ii) the conditions for their release; (iii) the currency and destination account(s); and (iv) any investment mandate or interest arrangements.

6.2 Funds are held in a designated client account in our name with a UK authorised bank or, with your agreement, another reputable financial institution. We will exercise reasonable care in selecting and monitoring the institution but shall not be liable for any loss arising from its default.

6.3 We may only release funds when we are in receipt of written instructions (which may be by secure electronic means) that satisfy the release conditions in the Escrow Agreement, or upon a final order of a court of competent jurisdiction.

6.4 Unless otherwise agreed, any interest or other return generated while funds are held will belong to us and may be retained by us in addition to our fees. Where interest is to be credited to you, it shall accrue on the basis and at the rate set out in the Escrow Agreement.

6.5 In certain cases, where required by the terms of the Escrow Agreement or where otherwise contractually obligated, clients may be required to pay an upfront settlement or administrative fee in order to close down the escrow account and facilitate final disbursement. We will notify you of such fees in advance and provide a written breakdown.

7. Investment of Funds

7.1 Where expressly authorised by you in writing, we may invest escrow funds in low‑risk instruments (such as money‑market funds or term deposits) pending release. You acknowledge that:

such investments carry counterparty and market risk, and their value may fall as well as rise;
income and capital may not be guaranteed; and
we will act on a non‑advisory, execution‑only basis.

7.2 We will account to you for realised gains (less any agreed management fee) and for any loss only to the extent it arises from our fraud, wilful default or gross negligence.

8. Fees and Expenses

8.1 Our fees (and, where relevant, any arrangement fee, investment management fee, disbursements, bank charges or third‑party costs) will be agreed with you in writing before an escrow facility is opened and may be deducted from escrow funds on the date they become due.

8.2 All sums are exclusive of value added tax (VAT) or other applicable taxes, which shall be payable at the prevailing rate.

9. Client Warranties and Indemnities

9.1 You warrant that:

all funds transferred to us are beneficially owned by you or a disclosed principal and are not derived from unlawful activity;
you have full power and authority to enter into the Escrow Agreement and these Terms;
your use of the Services will comply with all applicable laws and regulations.

9.2 You shall indemnify us and our officers, employees and agents against all losses, liabilities, claims, costs and expenses arising out of or in connection with (i) any breach by you of these Terms or an Escrow Agreement; (ii) any third‑party claim relating to the funds or the underlying transaction; or (iii) our acting on any instruction that we reasonably believe to be genuine.

10. Limitation of Liability

10.1 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot lawfully be excluded.

10.2 Subject to clause 10.1, our total aggregate liability to you in respect of any claim arising out of or in connection with the Services, whether in contract, tort (including negligence) or otherwise, shall not exceed the lesser of (i) £100,000; and (ii) an amount equal to the aggregate fees actually paid to us in respect of the relevant escrow facility.

10.3 We shall not be liable for any indirect, special or consequential loss (including loss of profit, revenue, business, goodwill or anticipated savings) howsoever arising.

11. No Regulatory Protection

11.1 Duchesspark is not authorised or regulated by the FCA. The Services are not a regulated activity under the Financial Services and Markets Act 2000. Accordingly, you will not be entitled to statutory protections available to clients of authorised firms, including recourse to the Financial Ombudsman Service. However, funds held with eligible UK banks may be protected by the FSCS, subject to its terms and conditions and limits.

12. Anti‑Money Laundering and Compliance

12.1 We reserve the right to refuse to accept funds or to act on instructions where this would, in our reasonable opinion, breach applicable law or expose us to sanction or regulatory censure.

12.2 We may disclose information regarding you or the funds to regulatory or law‑enforcement authorities where we are required or permitted to do so by law.

13. Intellectual Property

13.1 All intellectual property rights in the Site and its content belong to us or our licensors. You may view and print content for your own internal business purposes only. Any other use, reproduction or distribution is prohibited without our prior written consent.

14. Privacy and Data Protection

14.1 We will process personal data in accordance with our Privacy Notice, which forms part of these Terms and is available on the Site.

15. Suspension and Termination

15.1 We may suspend or terminate your access to the Site or the Services at any time on written notice if you breach these Terms, if required by law, or if we consider such action necessary to protect our interests or those of other clients.

15.2 On termination, clauses which by their nature are intended to survive (including clauses 8, 9, 10, 11, and 18) shall continue in full force and effect.

16. Force Majeure

16.1 We shall not be liable for any failure to perform our obligations where such failure results from events, circumstances or causes beyond our reasonable control, including (without limitation) acts of God, war, terrorism, strikes, lock‑outs, epidemics, pandemics, industrial disputes, breakdown of systems or network access, or a failure of any bank or counterparty.

17. Amendments

17.1 We may amend these Terms and/or the fee schedule at any time by posting the updated version on the Site. Material amendments will take effect 14 calendar days after posting unless a longer period is required by law. If you do not agree to an amendment you must cease using the Services.

18. Notices

18.1 Any notice given under these Terms shall be in writing and delivered (i) by hand or pre‑paid first‑class post to our registered office or your address as last notified to us, or (ii) by email to an address agreed for this purpose.

19. Complaints and Dispute Resolution

19.1 We aim to provide a professional service. If you wish to make a complaint please write to the Managing Director at the registered office address or email info@duchessparkholdings.co.uk. We will acknowledge receipt within two Business Days and aim to provide a substantive response within 20 Business Days.

19.2 If a dispute arises that cannot be resolved amicably, it may be referred to mediation in London, England in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure before recourse to litigation.

20. Governing Law and Jurisdiction

20.1 These Terms (and any non‑contractual obligations arising out of or in connection with them) are governed by and construed in accordance with the laws of England and Wales.

20.2 The English courts shall have exclusive jurisdiction to settle any dispute arising from or connected with these Terms or the Services.

21. Miscellaneous

21.1 Entire agreement. These Terms, together with any Escrow Agreement and other documents expressly referred to in them, constitute the entire agreement between you and us and supersede all prior discussions, correspondence and representations.

21.2 Assignment. You may not assign, transfer or novate your rights or obligations without our prior written consent. We may assign our rights and obligations on giving you not less than 10 Business Days’ written notice.

21.3 Severance. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

21.4 No waiver. Failure or delay by us to exercise any right or remedy shall not constitute a waiver of that or any other right or remedy.

Duchesspark Holding Limited
Company number 06420368
Registered office: 8th Floor 6 Kean Street, London, United Kingdom, WC2B 4AS , United Kingdom
Telephone: 0208 226 0432
Email: info@duchessparkholdings.co.uk