Terms and Conditions

Your completion of the on-line ordering process and agreement to pay for a Energy Performance Certificate or other listed services creates a binding Agreement with us and it is important that you read and understand our Terms and Conditions before making an order. If you have any queries you should contact The Home Information Provider ltd Customer Support service.

General

These are the Terms & Conditions of the Agreement that you are deemed to accept when ordering a Energy Performance Certificate or other listed services from The Home Information Pack Provider Limited.

This Agreement is made between the person, firm, company or other party ordering a Energy Performance Certificate or other listed services (the “Customer” “you” or “your”) and The Home Information Pack Provider Limited (“The Home Information Pack Provider” ”we” “us” or “our”). The date of this Agreement is deemed to be the date of the order of the Energy Performance Certificate or other listed services.

1.0 Definitions and Interpretation

1.1 The following words will have the meanings ascribed to them:

When payment is being made to us by the Seller, they are the “Customer” under the terms of this Agreement When payment is being made to us by the Estate Agent or other agent, they are the “Customer” under the terms of this Agreement When payment is made to us under a deferred payment arrangement entered into by the Seller then the Seller is the “Customer” under the terms of this Agreement. “epc” means the Energy Performance Certificate you are ordering from us though our online website facility other listed service includes all of our listed services including floor plans photos and marketing material “Property” means the property for which the EPC/other listed services is being provided “Working Day” means Mondays to Fridays except for public holidays “Order Form” means our online Order Form that must be completed before ordering a EPC/other listed service “Order” means your order for us to provide you with a EPC/other listed services for the Property by completing the on-line Order Form “Report” and “Third Party Report” means any report(s) you have asked us to deliver to you within the EPC/other listed services as detailed in the Order Form “Services” means our compiling and delivery of the Reports and EPC/other listed services “Required Information” means all the necessary information we require from the Customer to complete a EPC/other listed services for the Property in accordance with the Housing Act 2004 and any amending Regulations

1.2 Headings used in this Agreement are for convenience only and shall not affect their interpretation

2.0 Your Obligations

2.1 You will provide us with the Required Information.

2.2 You will ensure that the information you supply to us in the Order, including without limitation details of the Property, is complete, accurate and up to date and will notify us immediately if you become aware of any inaccuracy contained within the Order

2.3 If there is any conflict between a provision of any Third Party Reports relating to your permitted use of the Reports and the corresponding provisions in the terms of this Agreement, the provisions of the Reports will prevail

3.0 Our Obligations

3.1 We reserve the right to reject an Order and if not rejected we may refuse to provide the Services at any time without giving any reason in which circumstances a proportional refund of any payment would be made. Each Order if not rejected by us will constitute a separate and severable Agreement

3.2 We will use our reasonable endeavours to ensure that the information contained within any Report is accurate at the date of its publication. You accept, however, that information on which any Report is based may be subject to change from the date of its publication and we cannot be held liable for failing to include or omit any information in the Report which becomes available after the date of publication

3.3 Any indication that we may give as to the time in which we will deliver the Reports will be a good faith estimate only. We will use all reasonable endeavours to deliver the Reports within the time-scale that we have estimated

3.4 Subject to anything else contained within the terms of this Agreement, all other warranties, conditions, terms, undertakings and obligations, whether express or implied are expressly excluded

3.5 We will begin compiling the EPC/other listed service for the Property for you in accordance with your Order immediately upon the placement of your Order

3.6 When you place an Order with us, we will send you an email confirming receipt of your Order

4.0 Cancellation

4.1 In order to provide a EPC/other listed service as soon as possible, our process for compiling it is automatically commenced, and the consequential costs incurred, immediately it is ordered and paid for. Therefore if a EPC/other listed service is cancelled only a partial refund can be made and this is only if the instructed Domestic Energy Assessment or other listed service (whichever is ordered) can be cancelled before it is carried out and provided further that the time allocated for it by the instructed Energy Assessor or dater collector.

5.0 Intellectual Property Rights

5.1 Any and all Intellectual Property Rights in the EPC/other listed service shall vest in us and remain our property. We disclaim all proprietary rights including, without limitation, Intellectual Property Rights in Third Party Reports.

5.2 You will not acquire or attempt to register any Intellectual Property Rights in any Reports whether on your own behalf or on behalf of anyone else. You further agree not to use the Reports in whole or part other than as is expressly permitted by the terms of this Agreement

6.0 Limitation of Liability

6.1 You are advised that our compilation of the EPC/other listed service is dependent upon both you and others providing information and in compiling it we will not visit the Property. Although we will be responsible for the compilation of the EPC/other listed service and for ensuring that it contains all required documents and information we accept no responsibility for any decisions made by or any third party relying on a EPC/other listed service that is correctly compiled by us

6.2 We cannot accept any liability for any error in a Report which is based on any error or inaccuracy in a public register. Nor will we be liable for any information contained within a Report which is based on information that we have obtained from a third party

6.3 We cannot accept any responsibility for any inaccuracy or error in the EPC/other listed service that is based on incomplete or inaccurate information provided in the Order

7.0 Force Majeure

7.1 We will not be liable for any failure to perform the Services due to an event beyond our reasonable control. If our performance of the Services is delayed due to an event beyond our reasonable control we will notify you promptly of the reason for such a delay and you agree to give us such an extension to perform the Services as is reasonable in the circumstances

8.0 Enforceability

8.1 If at any time any one or more of the terms of this Agreement are held to be unenforceable, illegal or otherwise invalid in any respect such unenforceability, illegality or invalidity shall not affect the remaining terms of this Agreement which shall remain in full force and effect

8.2 Any failure by us to enforce a breach of the terms of this Agreement by you will not be deemed to be a waiver of any subsequent breach of the terms of this Agreement that you make

8.3 These Conditions will be governed exclusively by English law and in the event of a dispute both parties will submit exclusively to the jurisdiction of the English court