Professional Property Searchers Website Terms and conditions.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Professional Property Searchers relationship with you in relation to this website.

 

The term ‘Professional Property Searchers ’ or ‘us’ or ‘we’ refers to the owner of the website whose address is www.ppsearchers.co.uk. The term ‘you’ refers to the user or viewer of our website.

 

The use of this website is subject to the following terms of use:

·         The content of the pages of this website is for your general information and use only. It is subject to change without notice.

·         Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

·         Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

·         This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

·         All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

·         Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

·         From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

·         You may not create a link to this website from another website or document without Professional Property Searchers prior written consent.

·         Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.

 

Professional Property Searchers Search Terms and conditions.

 

PPS Terms and Conditions

 

 

1

 

Agreement

1.1

Professional Property Searches (PPS) agrees to supply the Report to the Client and the Client agrees to these Terms. In providing search reports and services We will comply with the Search Code.

1.2

PPS may also supply the Client with Other Products, where PPS act as an agent, or an authorised reseller, 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 relevant provisions of this contract may be enforced equally by the seller, a potential or actual buyer or a mortgage lender, and in their own right, whether or not they are a party to the contract.

 

2.2

In terms of Intellectual Property, the Client only has the express rights set out above. The Client has no further implied rights.

 

3

 

Termination of Rights

3.1

The Client’s Rights will be lost automatically if (i) the Client fails to abide by these Terms (particularly if the Client’s failure is something that cannot be put right); (ii) The Client becomes Insolvent; (iii) The Client 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 Client does not pay something that is owed to PPS.

3.2

PPS do not have to continue to supply the Client with report(s), if PPS believe that the Client is not abiding by these terms or has given one months' notice to the Client.

3.3

If the Client has paid in advance and the Client’s Rights are terminated, PPS will refund a fair and reasonable amount of the sum that the Client has paid to PPS.

 

4

 

Liability

4.1

Search reports will be prepared with reasonable care and skill. Any defect or inaccuracy in the Reports provided by PPS must be notified to PPS by the Client as soon as possible after discovery by the Client. The Local Authority will be liable for any negligent or incorrect entry in the records searched. PPS will be liable for any negligent or incorrect interpretation of the records searched, or recording of that interpretation in the report. 

4.2

In the event that such notice is not given, the Client shall be deemed to have been satisfied with the performance of PPS and the Reports provided.

4.3

In the event that the Client suffers loss as a result of the negligence or otherwise, the liability of PPS will be limited to an amount not exceeding £5 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 Client’s complaint results from the Client using the Report for a purpose for which the Client is not allowed to use it.

4.6

The information contained in the Report has been obtained by personal inspection of public and other registers made available by the local authority and any other relevant organisations in the public domain. PPS accepts no responsibility for revealing incomplete or inaccurate information where the error is a direct result of defective source material.

4.7

In the event that certain questions cannot be answered due to local authority or other restrictions a note of the restriction and method of obtaining the said answers will be included in the report.

4.8

Where information has been sourced from additional sources, PPS will confirm details of these sources within the Report.

4.9

Reports will contain as much information that is available to PPS at the time, but the Client accepts that sufficient information is not always available to reflect the actual uses to which a property or land has been put.

4.10

Even if the Report contains a conclusion or other interpretation of its contents, the Client 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.

4.11

PPS aims to return all search results within five working days. However, this may not always be feasible due to local authority appointment systems or other reasons outside of PP’s control. PPS will not accept any liability for any loss, financial or otherwise, incurred by the client as a result of delayed search results.

4.12

The Client understands that the Report may not be tailored to the Client’s specific needs and that the Client, not PPS, must ensure that the Report meets the Client’s requirements.

4.13

The Client accepts that the Client should carefully inspect the property or land to which the Report relates and take advice or obtain information from other sources before the Client makes any important decision about the property or land to which the report relates.

4.14

If PPS provide the Client with any additional services based on the supply of report(s), unless PPS charge the Client separately for those services, PPS will not be liable to the Client for any problem arising out of those additional services.

4.15

All PPS search reports are provided with a ‘REGULATED LOCAL SEARCH INFORMATION ACCURACY INDEMNITY POLICY. Full details are outlined in the ‘Key Facts’ summary attached to the Report.

4.16

PPS maintains contractual relationships with clients and suppliers who are involved in the conveyancing process. To the knowledge of PPS, no person who conducted the search or prepared the search report has any undeclared interest, personal or business relationship with any persons involved in the sale of the property. PPS cannot accept any liability for failing to disclose these relationships where the involvement of any of the parties in the transaction was not made known to PPS at the time of compiling the search.

5

Independent dispute resolution

 

5.1

If you make a complaint and we are unable to resolve it to your satisfaction you may refer the complaint to The Property Ombudsman scheme (website www.tpos.co.uk, email: admin@tpos.co.uk).

We will co-operate fully with the Ombudsman during an investigation and comply with his final decision.

 

 

6

 

 

Charges

6.1

The Client 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.

6.2

This will be the case whether or not the Client purports to contract with PPS as agent for another.

6.3

The Client must discharge all sums due under invoices raised by PPS within 7 days of such invoice.

6.4

In the event that such invoices are not paid within 7 days, PPS shall be entitled to charge the Client interest on all sums outstanding at the rate of 5% above the National Westminster Bank Plc base rate from time to time.

6.5

PPS shall be entitled to alter its charges from time to time and contracts with PPS will be charged to the Client at the prevailing rate.

 

7

 

General

7.1

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 Client’s responsibility to ensure that the Client has the latest version of the Terms.

7.2

PPS do not have to supply anyone. PPS may stop supplying the Client without having to give the Client any reason.

7.3

If a court decides that one of these Terms is illegal or unenforceable, that will not affect the rest of the Terms.

7.4

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.

7.5

The Client agrees that everything relevant to the relationship between PPS and the Client is written here and there is nothing else that persuaded the Client to accept these Terms.

7.6

The Client agrees that any disputes with PPS will be settled in an English court.

 

8

 

Terms

8.1

References to "the Client" are to the individual, firm or company from whom PPS receive instructions.

8.2

"Insolvent" means that the Client is bankrupt (if the Client is an individual) or the Client has a receiver or liquidator appointed (if the Client is a company) and/or (in either case) the Client is unable to pay the Client’s debts as they fall due, the Client makes an arrangement with the Client’s creditors or PPS are reasonably satisfied that the above is about to happen.

8.3

"Intellectual Property" means all forms of intellectual property or protective rights recognised in law.

8.4

"the Report" includes any information that PPS supply to the Client including all reports, services, datasets, software or information contained in them.

8.5

"these Terms" means the terms printed on this document (or any replacement that PPS issue).

8.6

"Third Party" means persons from whom PPS may source Other Products.

8.7

"Other Products" means products and services which are ancillary to the Reports, such as environmental risk insurance.

8.8

"the Client’s Rights" means the Client’s right to use the Report and any other rights conferred by these Terms.