Client Terms of Business

CLIENT CARE INFORMATION & TERMS OF BUSINESS

1            Information about Searches UK

1.1         We are Searches UK Ltd, a company incorporated in England and Wales. References in these terms of business to “we”, “us” and  “our” should be construed as references to Searches UK Ltd. Our company number is 06603553 and our VAT number is 884244110. Our registered office Bevan House Kettering Parkway, Kettering NN15 6XR. Our contact telephone number is 0800 043 1815. Our website address is www.searchesuk.co.uk and our online ordering platform can be located at www.searchesuk.spidercubed.co.uk.

1.2         Searches UK Ltd is an Appointed Representative of Northcott Beaton Ltd, which is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority under registration number 306740. 

2            Standards of service

2.1         We operate an overarching philosophy to provide solicitors and conveyancers throughout the UK with conveyancing searches that are professional, full data searches. Our aim is always to provide searches which are competitively priced and supplied with a first-class service, backed by our friendly customer care team for before, during and after sales support and client care. We provide searches in a manner that suits you – we can supply your conveyancing searches to you via our online ordering system or via email. It is always our intention to provide you with a quality service which is fast, accurate and professional at all times. We will keep you informed of the progress of your order and return it to you as soon as possible after we receive it. We are on hand, either by telephone or email, to help with any queries you may have.

2.2         We are committed to acknowledging all emails within 4 working hours and resolving queries as soon as possible thereafter. We have a dedicated Client Care Team dealing with all queries you may have. Phone calls will be answered within office hours and any voicemails left out of hours will be dealt with within the 4 working hour SLA. Our offices are open 9am – 5pm Monday to Friday.

3            Professional standards

3.1         Searches UK are members of COPSO and are registered with the Property Codes Compliance Board as a subscriber to the Search Code. In providing search reports and services we will comply with the Search Code.

3.2         All of the company’s third-party organizations and search agencies work to the same Contract & Service Level Agreements and subscribe to the Search Code or adhere to Search Code equivalent principles.

4            Professional indemnity insurance

4.1         Searches UK carries £2 million insurance cover for your added protection and peace of mind. This applies to every search ordered through us. We are currently insured with HCC Tokio Marine (Policy Number PI23R727999).

5            Confidentiality

5.1         Confidential information received in relation to your business and/or clients will be treated as confidential. By your acceptance of these terms of business you agree that we may disclose to other persons involved in providing our services and/or searches such information we consider necessary to enable us to do so. We may also disclose your information to members of our group of companies or in order to comply with any legal or regulatory obligations. Subject to this we shall not disclose information to any other party without your consent.

5.2         External firms or organisations may conduct audit or quality checks on our practice. These external firms or organisations are required to maintain confidentiality in relation to our clients. We can give no guarantee regarding the confidentiality, security or otherwise of email communications which we often use to speed the process.

6            Data Protection

6.1         We use the information you provide for the provision of our services in accordance with your instructions and for related purposes including updating and enhancing client records, analysis to help us manage our business, statutory returns and for legal and regulatory compliance purposes. Our use of that information is subject to your instructions; the provisions of the General Data Protection Regulations (GDPR) 2018 and our duty to observe confidentiality. Our work on your behalf may require us to give information to third parties. You have the right of access under data protection legislation to the personal data we hold about you. We may send you information which we think may be of interest to you. Please notify our office if you do not wish to receive such information.

7            Equality and Diversity

7.1         This firm is committed to promoting equality and diversity in all of its dealings with clients, third parties and employees, and is required to produce a written equality and diversity policy. Please contact us if you would like us to send you a copy of that policy.

8            Ordering From Us

8.1         These terms of business apply when you place an order with us via our online ordering system or by email.

8.2         Your order will be deemed to have been placed with us whenever we receive from you an email or an order placed via our online ordering system setting out the products and/or services you wish to order.  Once we have received an order from you, we will send you an order acknowledgement email (an “Acknowledgement Email“).

8.3         When you place an email order with us, you must include the following information:

              Full postal address including postcode, a location plan of the property with the individual property clearly outlined in red, details of required searches and any additional road names you require to be included should you be ordering a local search.

              You may like to provide us with your own reference when placing orders to enable you to locate reference when it comes to accounting. Should no location plan be included, the company will not accept responsibility for any errors or omissions in the results of the search.

8.4         Our acceptance of an order takes place when we have sent you an Acknowledgement Email. When we acknowledge the order the purchase contract will be made.

8.5         The fees payable by you for products and services ordered will be set out on your invoice and will also have been provided to you at the time you opened your account with Searches UK.

8.6         We may at our discretion refuse to accept an order, including without limitation for the following reasons:

(a)          where goods are not available;

(b)          where we cannot obtain authorisation for your payment;

(c)          if there has been a pricing or product description error; or

(d)          if you do not meet any eligibility criteria provided to you or set out on our Website.

8.7         Search Reports can be downloaded from the online ordering platform and a copy will also be returned to the user who ordered the search via email. The company does not provide hard copies free of charge.

9            Payment

9.1         Following our Acknowledgement Email, we will invoice you for your order. Invoices must be paid within 30 days of the date of our invoice. You may make payment to us by direct debit, cheque, credit/debit card or BACS. We reserve the right to charge late payment fees of 15% on invoices which remain unpaid over 30 days, put your account on hold should monies be owed to us and/or withhold results until payment has been received.

9.2         Products provided to you pursuant to an order will be provided to you electronically in the format of a PDF.

9.3         Orders placed incorrectly and/or without subsequent cancellation or amendment will be carried out as per instruction and invoiced accordingly.

10. Pricing

10.1       All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.

10.2       Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on the Ordering Platform.

10.3       Our prices are reviewed periodically.

11. Cancellation and returns policy

11.1       If you wish to cancel your order you must either notify us by email or telephone that you wish to cancel the order. We will do our utmost to cancel searches, and we will credit any searches able to be cancelled. We reserve the right to charge you for all costs incurred by us in relation to the order.

11.2       Please note that once you have received any products ordered you shall not be entitled to a refund, as our products will be personalised for you. The provisions of this clause do not affect your statutory rights.

12          Use of our Website

12.1       You are permitted to print and download extracts from our Website for your own use on the following basis:

(a)          no documents or related graphics on the website are modified in any way;

(b)          no graphics on the website are used separately from accompanying text; and

(c)          any of our copyright and trademark notices and this permission notice appear in all copies.

12.2       Unless otherwise stated, the copyright and other intellectual property rights in all material on our Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms of business, any use of extracts from our Website other than in accordance with this clause 14 for any purpose is prohibited. If you breach any of the terms in these terms of business, your permission to use our Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the website.

12.3       Subject to clause 13.1 no part of the Website may be reproduced or stored in any other Website or included in any public or private electronic retrieval system or service without our prior written permission.

13. Disclaimer

13.1       While we endeavour to ensure that the information on our Website is correct, we do not warrant the accuracy and completeness of the material on our Website. We may make changes to the material on our Website, or to the products and prices described in it, at any time without notice. The material on our Website may be out of date, and we make no commitment to update such material.

13.2       The material on our Website is provided, as is, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms of business might have effect in relation to our Website.

14. Liability

14.1       Nothing in these terms limits or excludes our liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.

14.2       We will not be liable to you in contract, tort (including, but not limited to negligence), misrepresentation or otherwise for any indirect loss of any kind (including, but not limited to loss of profit, business, goodwill, contracts, revenue or anticipated savings), any damage to your reputation or goodwill, any product recall costs or any other special, indirect or consequential loss (whatsoever or howsoever caused) which arise out of or in connection with these terms of business.

14.3       You acknowledge and agree that we do not take any steps to verify the accuracy or completeness of any information provided to us by third parties. We shall not be liable to you whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising in connection with incomplete, inaccurate or incorrect information provided to it by third parties.

14.4       Subject to the provisions in this clause 16.1 to 16.3 our total liability in contract, tort (including, but not limited to negligence) will be limited to the price paid on the individual order.

14.5       The company aims to return all search results as quickly as possible. The company will not accept liability for any loss, financial or otherwise, incurred by the client, as a result of delayed search results.

15. Governing Law and Jurisdiction

15.1       These terms of business shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms of business shall be subject to the exclusive jurisdiction of the English courts.

16. Miscellaneous

16.1       You may not assign, sub-license or otherwise transfer any of your rights under these terms of business.

16.2       If any provision of these terms of business is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

16.3       These terms of business constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

16.4       No variation of these terms of business shall be effective unless it is in writing and signed by both parties (or their authorised representatives).

16.5       Only the parties to these terms of business may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

Additional Terms and Conditions- Regulated Local Authority Search only

1. The information contained in the Local Authority Search Report has been obtained by a personal inspection of public and other registers made available by the local authority and any other relevant organizations in the public domain. The company accepts no responsibility for revealing incomplete or inaccurate information, where the error is a direct result of defective source material.
2. In the event that certain Con29 Part 1 questions cannot be answered due to Local Authority or other restrictions a note of the restriction and method of obtaining said answers will be included in the report.
3. Where information has been sourced from additional sources, the company will inform you of these sources within the report.
4. Where additional information forms an essential part of a search, it is the obligation of the client to inform the company at the outset.
5. Where such information is readily available at no cost, (e.g. adopted sewers, public rights of way etc.) it will be included within the results of a standard search with no charge.
6. Where such information is only available at an additional cost/time element, the company undertakes to inform the client of any additional fees that may be chargeable for obtaining such information up front.
7. Where the client requests ‘copy documents’ from the Local Authority, the company undertakes to inform the client in advance of any additional fees chargeable for this service.
8. Where the client requests additional Con 29 pt II enquiries, the company undertakes to inform the client of any additional fees at the point of order.
9. The Insured should be aware that this search report has the benefit of a property specific Insurance Policy as set out in the following pages of the report. The documentation should be read thoroughly before any contact is made with the parties mentioned in order to ensure the Insured does not render the Insurance Policy void or reduce a potential claim by their action. If the Insured wishes to make a claim as per the attached property specific Insurance Policy, the Insured must advise the insurer in writing as soon as possible after becoming aware of any claim, or circumstance which might entitle that Insured to make a claim under the policy. In the event that the insured suffers a material loss due to:

(a.) any negligent or incorrect entry in the records searched; Please revert to the Local Authority shown on the front page of the report under “Local Authority” or;

(b.) any negligent or incorrect interpretation of the records searched; Please revert to the Search Agent shown on the front page of the report under “Compiled By” or;

(c.) any negligent or incorrect recording of that interpretation in the search report; Please revert to the Search Agent shown on the front page of the report under “Compiled By”

10. The company and any third party Search Agents liability will be limited to an amount not exceeding £2 million in respect of any individual claim.
11. If the Client chooses not to disclose the value of the property in the order process, the company will assume the value is less than £2 million. If the Client subsequently discovers that the property value exceeds £2 million, they must inform the company within 7 days of receipt of the Regulated Local Authority Search report. The company reserves the right to charge the Client an additional premium to cover the increased insurance risk or may not be able to provide increased insurance.
12. Please Note: This search reports information on planning and other matters relating to the subject property only. If required, information relating to other properties in the vicinity can be supplied on receipt of a separate search request.