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Terms and conditions

1. Definitions and Interpretation

1.1 In these Conditions the following words shall have the meanings set opposite them:
“Charges” means our financial charges for providing the services, which will be notified to you when you submit your order.

“Order” means your request for us to provide the Services, which you place by completing the Order Form by electronic or other acceptable means.

“Order Form” means the Order Form currently published on our website.

“Confirmation of Order” means the point at which the agreement becomes binding on both parties when we confirm acceptance of your Order.

“Intellectual Property Rights” means any enforceable intellectual property right including without limitation copyright, database right, trademark, patent, trade secret or design right.

“Property” means the property address of location, the building(s), land, fixtures and all chattels of which you require a Report.

“Report” means any report/document that you have asked us to deliver to you as detailed in the Order Form whether originated from Estate Technical Solutions Ltd t/a ETSOS, associated trading partners, or whether it is a Third Party Report.

“Required Information” means all information required to submit the Order Form to us which shall enable us to provide the Services to you.

“Third Party Report” means any report or document that we procure from a third party on your behalf for the purpose of providing the Services.

“Services” mean our compilation and/or delivery of reports/documents to you.

“Us/we/our/ETSOS” means Estate Technical Solutions Ltd t/a ETSOS.

“Working Day” means Mondays to Fridays excluding bank and public holidays.

“You/your” means the person, firm or company who instructs us to provide the Services either on their own behalf or as an agent of another person.

1.2 Headings used in these conditions are for convenience only and shall not affect the interpretation of the main provisions.

2. Access

2.1 ETSOS allows access to the interactive website to our individual or business clients subject to the terms, conditions and notices contained herein and your use of the site indicates your acceptance of these terms and conditions.

2.2 These terms and conditions may be amended from time to time and your continued use of the interactive website confirms acceptance of the amended terms and conditions.

2.3 Access to the interactive website facility is provided via the use of secure individual passwords, giving clients access to standard ordering information and specific information relating to their own case/s only.

2.4 While we endeavour to ensure that the interactive website is normally available 24 hours a day, we will not be liable if for any reason it is unavailable at any time or for any period.

2.5 Access to the interactive website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

2.6 ETSOS reserves the right to withdraw or suspend access to the interactive website for clients who default on payment or who breach the terms and conditions relating to their use of the website.

3. Your Privacy and Security

3.1 Your personal details are held on a secure database and these details are used solely for the provision of the Services. We will not pass confidential customer information to other organisations unless you (or your agent) specifically authorise us to do so during the ordering process.

3.2 Your Order will be retained by us in an electronic format and is available for inspection upon reasonable notice for a period of 6 years from the date of Confirmation of Order.

4. The Services

4.1 We will not be obliged to accept any Order and no contract for Services will come into force until the Confirmation of Order.

4.2 Each Order if accepted by us will constitute a separate and severable contract.

4.3 The client accepts that as they compile the order themselves using the interactive on line facility, ETSOS accepts no liability for items wrongly ordered by the client or wrongly supplied by a third party provider. Third party providers all have their own complaints procedure and professional indemnity insurance and ETSOS will assist you in obtaining recompense for wrongly ordered products by providing you with the relevant contact details for the relevant provider/s.
ETSOS only accepts liability for correctly ordered products that are wrongly supplied due to a proven fault in the software system on which they are ordered and where this is shown to be the case, liability will be limited to the replacement cost of the products wrongly supplied due to that software fault.

4.4 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 in or omit from the Report, any information which becomes available after the date of publication.

4.5 The Order Form will not be accepted by us unless you have confirmed that you have read and agree to be bound by these terms and conditions, which may be printed or otherwise saved by you, should you wish to retain a copy.

4.6 Upon receiving and accepting your Order we shall provide a Confirmation of Order in a durable medium and once the confirmation is issued we shall commence work on your order.

4.7 Any indication that we may give as to the time in which we will perform the Services will be a good faith estimate only. We will use all reasonable endeavours to deliver the Reports within the timescale that we have estimated. Due to variations in availability of the information required to provide the Services, delivery of Reports may be in excess of 30 days from the date of Order. By accepting these conditions you agree that in such a case that time of delivery of Reports is not of the essence and that delivery may take place as reasonably soon as is possible after the information for the Reports shall be made available to us.

4.8 Subject to anything else contained within these Conditions, all other warranties, conditions, terms, undertakings and obligations, whether express or implied are expressly excluded.

5 Charges

5.1 Unless expressly indicated otherwise, the Charges will include VAT at the applicable rate.

5.2 Unless indicated otherwise the Charges also include all delivery and communication costs.

5.3 You shall be liable for payment for the Services at the rates notified to you prior to the Order, unless otherwise advised before the Confirmation of Order, or before the commencement of performance of the Services. All other invoices shall be paid within 7 days, except in specific cases where other Terms have been agreed in writing.

We reserve the right to charge interest on outstanding sums at 1.75% monthly and to recover costs associated with the same.

6. Your Obligations

6.1 You will provide us with the Required Information by way of the Order Form. By submitting the Order Form you warrant that the information supplied by you is complete, correct and up to date, and that we may proceed to provide the Services that you have ordered.

6.2 You will notify us immediately you become aware of any inaccuracy contained within the Order whether supplied by you or any other person. We will attempt to alter the Services to reflect the new information but there may be further reasonable charges depending on the progress of the Services at that point and the nature of the changes to the information.

6.3 If ordering online you will provide an electronic mailing address. If ordering by other means or if you are not capable of communicating by email you shall communicate by first class post or facsimile machine. In all communications you will provide a return address. In providing this address you agree that communications between us and you will be through these means.

6.4 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 of these conditions, then these conditions will prevail.

7. Cancellation

7.1 If you cancel your order after confirmation of acceptance of the order has been provided, the cancellation must be in writing, any refund of monies already paid will be at our discretion and you will be liable to pay any charges that have been incurred up to the date the order is cancelled.

7.2 Where appropriate these Terms and Conditions constitute notice pursuant to the Consumer Protection (Distance Selling) Regulations 2000 as amended and the Electronic Commerce (EC Directive) Regulations 2002. In particular the 7 day cooling off period and right to cancel without charge available to individual (non business) consumers under the Consumer Protection (Distance Selling) Regulations 2000 will not apply as you agree that work will begin on your order before the end of the 7 day cooling off period.

8. Intellectual Property Rights and Proprietorship

8.1 Any and all Intellectual Property Rights arising from performance of the Services shall vest in us and remain our property. We disclaim all proprietary rights including, without limitation, Intellectual Property Rights in Third Party Reports.

8.2 You will not acquire nor will you attempt to register any Intellectual Property Rights in any Reports whether on your own behalf or on behalf of any Client or other third party. You further agree not to use the Reports in whole or part other than is expressly permitted by these Conditions.

8.3 Title to the products which are the subject of your order shall remain the property of ETSOS and shall not pass to you or any other third party until the Charges notified to you have been paid in full.

9. Limitation of Liability

9.1  ETSOS maintains its own Professional Indemnity insurance a copy of which is available on request.

9.2 We cannot accept any responsibility for any inaccuracy or error in a Report that is based on incomplete or inaccurate information supplied by you.

9.3 Subject to any other provisions in these Conditions, we will not be liable to you for any loss, damages, costs or expenses caused directly or indirectly by a delay in Delivery (even if caused by our negligence).

9.4 We will not be liable for any loss of actual or anticipated profits or savings, loss of business, loss of opportunity or for any special, indirect or consequential loss whether arising from a breach of the Conditions or negligence in performing the Services even if we were advised of or knew of the likelihood of such loss occurring.

9.5 While every care is taken to safeguard the integrity of our interactive website by the use of industry standard internet security measures, we accept no liability whatsoever for breaches of security of the website due to circumstances beyond our control.

10. Force Majeure

10.1 We will not be liable for any failure to perform the Services due to an event beyond our reasonable control. However, if our performance of the Services is delayed due to an event beyond our reasonable control, we will notify you promptly.

11. Assignment

11.1 You may not assign charge or transfer any of your obligations under the Conditions without our prior written consent.

11.2 We may assign and/or sub-contract any contract for Services at any time by giving notice to you.

12. General

12.1 These Conditions constitute the entire agreement between you and us in respect of the Services and supersede any earlier arrangements, understandings, promises or agreements made between the parties in respect of the Services.

12.2 You acknowledge that in instructing us to provide the Services, you do not do so on the basis of any representation, warranty or provision not expressly contained within these Conditions.

12.3 If at any time, any one or more of these Conditions are held to be unenforceable, illegal or otherwise invalid in any respect, such enforceability, illegality or invalidity shall not affect the remaining Conditions, which shall remain in full force and effect.

12.4 Any failure by us to enforce a breach of the Conditions by you will not be deemed to be a waiver of any subsequent breach of these Conditions that you may make.

12.5 Nothing in these Conditions shall create or be deemed to create a partnership or joint venture between us and you or the relationship of principal and agent or employer and employee.

12.6 These Conditions will be governed exclusively by the law of England and Wales. You and we agree to submit exclusively to the jurisdiction of the English and Welsh courts.

12.7 You and we agree that no third party will be afforded any rights under these Conditions to gain access to the data of either party to this agreement unless permission is granted by the parties already involved.

COMPLAINTS PROCEDURE – INFORMATION FOR CUSTOMERS

Should you find it necessary to make a complaint, please submit the complaint in writing to the Managing Director stating the nature of the complaint and what action you expect us to take in order to reconcile the complaint.

We aim to deal with all complaints speedily and fairly and will:

• Acknowledge a complaint within 5 working days of receipt.

• Normally deal with a complaint fully and provide a final response, in writing, within 20 working days of receipt of your complaint.

• Keep you informed by letter, telephone or email, as you prefer, if in exceptional circumstances we need an extension of time to investigate or remedy a complaint.

• Where there is an agreed delay we will provide a final response, in writing within 7 working days of the extension date confirmed with you.

• Liaise at your request, with anyone acting formally on your behalf.

The service, support, turn around times and state of the art ordering system available to us through ETSOS has made the decision about who to use for the production of our Energy Performance Certificates a one horse race. I recommend them unreservedly.  Nick Elgey – Cumberland Estate Agents

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