1
Agreement
1.1 Professional Property Searches (PPS) agree to supply the Report
to the Customer and the Customer agrees to these Terms.
1.2 PPS may also supply the Customer with Other Products, where
PPS act as an agent for a Third Party. The supply of those Other
Products will be governed by the terms and conditions of those
Third Parties.
2 Intellectual
Property
2.1 PPS (or its suppliers) own all the Intellectual
Property in the Report.
The Report is provided for the Customer's own use. The Customer
can
only use the Report for someone else if it is incorporated into
services
that the Customer is providing to that person in the ordinary course
of
the Customer's profession. The Customer can only use the Report
once for that purpose. The Customer must not copy or change the
Report in any way. An example of such a change would be to remove
a trademark. The Customer must not re-sell the Report.
2.2 In terms of Intellectual Property, the Customer only has the
express
rights set out above. The Customer has no further implied rights.
3 Termination Of Rights
3.1 The Customer's Rights will be lost automatically if (i) the
Customer
fails to abide by these Terms (particularly if the Customers failure
is
something that cannot be put right); (ii) The Customer becomes
Insolvent; (iii) The Customer challenges PPS as to the ownership
of
Intellectual Property or do something that PPS believe will put
ownership of Intellectual Property at risk; (iv) The Customer does
not
pay something that is owed to PPS.
3.2 PPS do not have to continue to supply the Customer with report(s),
if PPS believe that the Customer is not abiding by these terms or
has
given one months' notice to the Customer.
3.3 If the Customer has paid in advance and the Customers Rights
are
terminated, PPS will refund a fair and reasonable amount of the
sum
that the Customer has paid to PPS.
4 Liability
4.1 Any defect or inaccuracy in the Reports
provided by PPS must
be notified to PPS by the Customer within seven days of delivery
to
the Customer.
4.2 In the event that such notice is not given, the Customer shall
be
deemed to have been satisfied with the performance of PPS and the
Reports provided.
4.3 In the event that the Customer suffers loss as a result of the
negligence or otherwise, the liability of PPS will be limited to
an amount
not exceeding £1 million in respect of any individual claim
or aggregate
of claims relating to the same property.
4.4 In any event, PPS are not liable for problems arising from
circumstances beyond the reasonable control of PPS, or for any indirect
or consequential loss or for any loss of profit however arising.
4.5 PPS are also not liable if the Customer's complaint results
from the
Customer using the Report for a purpose for which the Customer is
not
allowed to use it.
4.6 PPS use reasonable skill and care, make all reasonable efforts
to
correct errors as soon as they are identified and constantly strive
to
improve it's products and services, but PPS cannot guarantee that
information supplied to PPS is error free.
4.7 Reports will contain as much information that is available to
PPS
at the time, but the Customer accepts that sufficient information
is not
always available to reflect the actual uses to which a property
or land
has been put.
4.8 Even if the Report contains a conclusion or other interpretation
of
its contents, the Customer must not rely exclusively on the Report
in
terms of valuing the property or land to which the report relates,
determining its actual status or condition, or concluding as to
its
suitability for any use.
4.9 Because of the way that the Report is generated which may involve
the use of computer database(s) and, often, electronic delivery,
the
Customer accepts that PPS cannot guarantee accurate or timely
delivery at all times. Some of the sources that PPS use mean that
subjective judgements need to be taken. PPS exercise it's best
judgment, but others might make a different judgment.
4.10 The Customer understands that the Report may not be tailored
to
the Customer's specific needs and that the Customer, not PPS, must
ensure that the Report meets the Customer's requirements.
4.11 The Customer accepts that the Customer should carefully
inspect the property or land to which the Report relates and take
advice or obtain information from other sources before the Customer
makes any important decision about the property or land to which
the
report relates.
4.12 If the Customer supplies the Report to any other person, the
Customer will get them to agree to the above limitations.
4.13 If PPS provide the Customer with any additional services based
on
the supply of report(s), unless PPS charge the Customer separately
for
those services, PPS will not be liable to the Customer for any problem
arising out of those additional services.
5 Charges
5.1 The Customer shall be liable to PPS as principal for
all costs,
charges and expenses that shall be due to PPS under the terms of
the contract for services together with all expenses incurred in
respect
thereof.
5.2 This will be the case whether or not the Customer purports to
contract with PPS as agent for another.
5.3 The Customer must discharge all sums due under invoices raised
by PPS within 7 days of such invoice.
5.4 In the event that such invoices are not paid within 7 days,
PPS shall
be entitled to charge the Customer interest on all sums outstanding
at
the rate of 4% the National Westminster Bank Plc base rate from
time
to time.
5.5 PPS shall be entitled to alter its charges from time to time
and
contracts with PPS will be charged to the Customer at the prevailing
rate.
6
General
6.1 If PPS have to change these Terms, the revised version will
be posted
on the PPS website. PPS will also try to publicise the fact, but
it is the
Customer's responsibility to ensure that the Customer has the latest
version of the Terms.
6.2 PPS do not have to supply anyone. PPS may stop supplying the
Customer without having to give the Customer any reason.
6.3 If a court decides that one of these Terms is illegal or unenforceable,
that will not affect the rest of the Terms.
6.4 If PPS is slow in exercising it's rights under these Terms or
choose
not to do so on any occasion, that will not affect the rights of
PPS to do
so later.
6.5 The Customer agrees that everything relevant to relationship
between PPS and the Customer is written here and there is nothing
else that persuaded the Customer to accept these Terms.
6.6 The Customer agrees that any disputes with PPS will be settled
in an English court.
7
Glossary
7.1
References to "the Customer" are to the individual,
firm or company
from whom PPS receive instructions.
7.2 "Insolvent" means that the Customer is bankrupt (if
the Customer is
an individual) or the Customer has a receiver or liquidator appointed
(if the Customer is a company) and/or (in either case) the Customer
is
unable to pay the Customers debts as they fall due, the Customer
makes
an arrangement with the Customers creditors or PPS are reasonably
satisfied that the above is about to happen.
7.3 "Intellectual Property" means all forms of intellectual
property or
protective rights recognised in law.
7.4 "the Report" includes any information that PPS supply
to the
Customer including all reports, services, datasets, software or
information contained in them.
7.5 "these Terms" means the terms printed on this document
(or any
replacement that PPS issue).
7.6 "Third Party" means persons from whom PPS may source
Other
Products.
7.7 "Other Products" means products and services which
are ancillary
to the Reports, such as environmental risk insurance.
7.8 "the Customers Rights" means the Customers right
to use the Report
and any other rights conferred by these Terms.
8 Web Site Copyright And Content
8.1 The materials contained on this web site are provided for general
information only and do not constitute any form of advice.
8.2 PPS assumes no responsibility for the accuracy of any particular
statement and accepts no liability for any loss or damage that may
arise from reliance on the information contained on this site.
8.3 Save to the extent expressly permitted below, the context of
these
pages may not be reproduced or transmitted or made available on
a
network in whole or in part without the prior, written consent of
PPS.
8.4 These pages may be downloaded or printed for personal and private
use provided that no alteration is made to any of these pages and
that
they are not used in any work or publication.
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