1. Definitions and Interpretation
1.1 In these Terms the following words shall have the meanings as given below:
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Adverse Entry |
means – in respect of a PSG Regulated Local Authority Search- any matters having a detrimental effect on the market value of the property (*), that would or should have been disclosed in an official local authority search had one been carried out in relation to the property (*) on the date of the Search Report but was not disclosed on the Search Report. This includes where the Appropriate Body’s registers and information and / or the answers provided by the Appropriate Body for the purposes of the Search Report were incorrect as at the date of the Search Report due to the Appropriate Body's error or omission OR means – in respect of a PSG Regulated Drainage Search – a matter affecting the land (*) which would have been disclosed in the information provided by an Appropriate Body in response to enquiries in Form CON29DW (Law Society Copyright, as amended) but which was not contained in the Search Report.
(*) see the SRIP appended to the relevant Search Report for the definition of “property” and “land”. |
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Applicable Data Protection Laws |
means the data protection laws applicable in England and Wales at the point of Contract. |
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Appropriate Body |
means a local authority, water undertaker or other public body responsible for maintaining the registers and information that are covered by forms LLC1 and Part 1 (standard Enquiries) of Form CON29 or CON29DW (Law Society Copyright, as amended). |
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Charges |
means Our charges for providing the Services, which will be notified to You when You submit Your Order. |
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Client |
means a person or persons (including a company or partnership) who have / has bought an interest in the Property relying on the Reports prepared in relation to the Property or a person or body making a loan to such persons secured on the Property. |
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Contract |
has the meaning given in clause 3.7. |
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Data |
means any data regarding You or Your Client You provide Us with when placing an Order and which may include personal data. |
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Intellectual Property Rights |
means any enforceable intellectual property right (whether registered or unregistered) including without limitation copyright, know-how, database right, service or trade mark, patent, trade secret or design right. |
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Order |
means Your request to Us to provide the Services, which You place through the online Ordering Platform (or by agreement, another acceptable means) on Your own behalf or on behalf of Your Client. |
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Ordering Platform |
means the online ordering platform made available to clients. |
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Privacy Notice |
Our notice as found at https://www.psgconnect.co.uk/privacy-notice/ |
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Property |
means the parcel or parcels of land identified in the Order. |
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PSG Regulated Drainage Report |
means the report providing some of the information contained in a Form CON29DW (Law Society Copyright, as amended) obtained by PSG and not directly from the Appropriate Body. |
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PSG Regulated Local Authority Search |
means the report providing responses to the questions and information requested in Forms LLC1 and Part 1 (Standard Enquiries) of Form CON29 (Law Society Copyright, as amended) obtained by PSG and not directly from the Appropriate Body. |
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Report |
means any report, document or product that We supply You excluding Supplier Reports. |
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Required Information |
means all information We require about You or your Client to provide the Services and which includes Data. |
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Search Code |
means the Code of Practice for Search Compilers and Retailers as updated from time to time by the Council of Property Search Organisations (CoPSO). |
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Search Report |
means a PSG Regulated Drainage Report and/or a PSG Regulated Local Authority Search. |
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Services |
means Our compilation and/or delivery of Reports and Supplier Reports provided to You in respect of Your Order. |
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SRIP |
means the search report insurance policy appended to each Search Report and further defined in clause 8.4. |
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Supplier |
means any third party supplier We use to provide a Supplier Report as part of the Services. |
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Supplier Report
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means any report, document or other product including insurance or indemnity policies we have procured from a Supplier on Your behalf and which is provided to You in accordance with the Supplier Terms. |
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Supplier Terms |
means the terms and conditions of Suppliers in respect of Supplier Reports incorporated by reference to these Terms and available at www.psgconnect.co.uk/third-party-terms/ |
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Us/We/Our/PSG |
means PSG Connect Limited, PSG Financial Services Limited or one of Our franchised businesses, together The Property Search Group or PSG. |
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Working Day |
means Mondays to Fridays except bank and public holidays (London) |
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You/Your |
Means either (i) your professional firm or company who instructs Us to provide the Services to you either on your own behalf or as an agent of the Client or (ii) an individual dealing directly with us as a consumer. |
Where You are an individual dealing directly with Us as a consumer Your attention is expressly drawn to clauses 2.2 (use of Data), 6.1 (cancellation rights) and 8 (limitation of liability). All individuals should obtain independent legal advice on the Search Report and SRIP (see clause 8.4) to ensure that they meet their needs in respect of any property transaction.
2. Data, Privacy and Security
2.1 You are responsible for obtaining the Required Information from your Client in accordance with Applicable Data Protection Laws. We will process the Required Information to provide the Services to You in accordance with Applicable Data Protection Laws and as further set out in the Privacy Notice. You agree to indemnify Us against any claim, loss, damages, penalty or other liability arising from a breach of your responsibilities under the Applicable Data Protection Laws.
2.2 CONSUMERS ONLY: If You are an individual dealing directly with PSG, you acknowledge that We will use the Required Information for the purposes of providing the Services or otherwise in accordance with the Privacy Notice.
2.3 We will retain Reports we have supplied to You in an electronic format available for inspection upon reasonable notice for 6 years from the date of Order.
3. The Services
3.1 The Services are available for all Property in England and Wales.
3.2 When You use the Ordering Platform or otherwise order Services from us by any other method You are deemed to have accepted the Terms of Use at (see www.psgconnect.co.uk/terms-of-use/) which are expressly incorporated by reference to these Terms.
3.3 When You (including Your employees, agents or consultants) place an Order You accept that these Terms apply to the exclusion of your own terms of purchase and You accept that You and the Client are bound by them.
3.4 You agree that these Terms set out Our sole responsibility and liability to You in respect of the supply of Search Reports.
3.5 Where the Services include Supplier Reports these Suppliers are required by their regulatory bodies to have appropriate professional indemnity insurance or to be covered by statutory compensation arrangements. We do not accept liability for any loss or consequence of the act or omission of a Supplier except that We shall, at Your request and expense, provide reasonable assistance in any claim brought by You or a Client of Yours against a Supplier and shall, where possible, assign to You (or a Client at Your direction) at Your cost the benefit of any warranty, guarantee or indemnity given to Us by such Supplier of which We have the benefit. Supplier Terms will apply to all Supplier Reports to the exclusion of any other terms and conditions.
3.6 In respect of clauses 3.3 to 3.5 above, You agree to indemnify PSG in respect of any claim or allegation from the Client or other third party that the Terms do not apply in accordance with clause 3.3 and 3.4 or that the Supplier Terms do not apply in accordance with clause 3.5.
3.7 The Order will not be binding on PSG until PSG has accepted your Order (Contract) by either sending You a written confirmation (including by email or through the Ordering Platform) or providing You with the Services. Each Order if accepted by Us, will constitute a separate and severable contract.
3.8 These Terms and Supplier Terms may be varied from time to time. The Terms in force at the date of the Contract, in conjunction with the relevant Supplier Terms shall govern the Contract to the exclusion of all other terms and conditions. You are advised to print a copy of all relevant terms for Your future reference.
3.9 In providing Search Reports We will comply with the Search Code and We will use reasonable care and skill to ensure that Suppliers comply with the Search Code where this is relevant to the Supplier Reports. All other warranties, conditions, or representations, whether express, implied, written or oral are hereby excluded to the fullest extent permitted by law.
3.10 The Services are provided solely for Your use or the use of Your Clients and shall not be used or relied upon by any other party, without Our written consent.
3.11 Whilst every effort will be made to deliver the Services as soon as possible after Your Order has been accepted We are not liable to You (or Your Client) for any loss or damage suffered as result of delay or failing to meet any time estimate that may have been given.
4. Charges and Payment
4.1 The Charge for the Services that You wish to Order will be as shown when you place Your Order. If an error is identified with a Charge before we acknowledge the Contract (as set out in clause 3.6) We will inform You as soon as possible so that You can decide whether you wish to replace or cancel the Order.
4.2 Unless expressly indicated otherwise, the Charges will include VAT at the applicable rate and delivery and communication costs.
4.3 Save where otherwise agreed in writing, invoices shall be paid within 30 days of the date of issue save that invoices for insurance policies provided through PSG Financial Services Ltd shall be paid within 14 days of the date of issue. If you fail to pay Our invoice on or before the due date, We reserve the right to charge interest and compensation on outstanding sums in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) and to recoup costs associated with recovery of the same. Where you are an individual dealing directly with PSG the statutory rate of interest shall apply.
5. Your Obligations
5.1 You warrant that the Required Information provided when placing the Order is true, accurate and complete.
5.2 You will notify Us immediately where You become aware of any inaccuracy contained within the Order or Required Information supplied and We will use reasonable endeavours to alter the Order to reflect the revised Required Information. However, You acknowledge that this may not be possible due to the progress of the Services. You will remain liable to pay any charges associated with the original Order and may be required to place a revised Order at Your extra cost.
5.3 You will ensure that the Client is aware of the Terms and Supplier Terms as appropriate.
6. Cancellation
6.1 Where You are an individual dealing directly with PSG you have a right to cancel the Order under the Consumer Contracts (Information Cancellation and Additional Charges) Regulations 2013. Under the Regulations you have the right to cancel orders for services within 14 days of your Order or to cancel goods included in your Order within 14 days of receipt of the goods. However, this right to cancel does not apply to goods (i.e. reports or policies) which have been made or supplied to Your specifications or to services whose performance of those already started with Your approval. You acknowledge that any services will commence when We have provided you with a confirmation of the Order and that reports and policies are made to your specification (being in line with Your Required Information). Your right to cancel under these Terms therefore ceases at that time.
6.2 Notwithstanding clause 6.1 any insurance product in your Order may be cancelled within 14 days of the order date.
6.3 If You do wish to cancel all or part of Your Order prior to commencement of the Services You will remain liable to pay any charges, costs and expenses that have been reasonably incurred up to the date of cancellation and which We are unable to mitigate. These charges, costs and expenses shall be invoiced and payable in accordance with clause 4.3.
6.4 Any cancellation request must be made promptly to PSG (being the office managing Your Order) giving details of the Order reference number and Property.
7. Intellectual Property Rights and Proprietorship
7.1 Any and all Intellectual Property Rights arising from performance of the Services shall vest in Us or the Supplier where appropriate and nothing in these Terms purports to transfer, assign or grant any rights to You or Your Client in respect of these Intellectual Property Rights.
7.2 Title to the Services shall not pass to You until the Charges have been paid in full.
7.3 You agree that You will not, and shall procure that Your Client will neither (i) change, amend, remove, alter or modify the Services or any proprietary mark nor (ii) use the Services other than in relation to the Property and for benefit of any party other than the Client.
7.4 You agree to indemnify Us and hold Us harmless in respect of all claims, costs, demands, actions or other liability (including professional fees) arising out of a breach of this clause 7.
8. Limitation of Liability
8.1 When You receive the Services You will make a reasonable inspection of the results provided promptly and You will notify Us of any defect as soon as possible after its discovery as a delay may limit any potential recompense to You / Your Client.
8.2 We acknowledge that You may make Search Reports available to Clients in the normal course of your business and agree that where You do so then any such Client shall have the benefit of and may enforce Your rights under this agreement as if the Client were a party to these Terms.
8.3 Any claim relating to a Supplier Report must be made against the Supplier and in accordance with the Supplier Terms. Subject to clause 3.5 and to the maximum extent permitted by law, We make no representations, warranties or conditions of any kind, either express or implied, with respect to Supplier Reports and We are not liable in contract, tort, negligence, statutory duty or otherwise for any loss or damage whatsoever or howsoever caused by a Supplier Report.
8.4 All Search Reports have the benefit of a “Search Report Insurance Policy” (SRIP) provided by First Title Insurance Plc, whose current registered office address is ECA Court, 24 to 26 South Park, Sevenoaks, Kent, TN13 1DU (“First Title”). The SRIP policy is appended in full to each Search Report and samples are available at www.psgconnect.co.uk/third-party-terms/. Our liability to Your Client in respect of an Adverse Entry in a Search Report is limited to the extent of the indemnity coverage for Actual Loss (as defined and determined in the relevant SRIP) provided by First Title under the SRIP and You are advised to make Your Client aware of the policy details, scope of cover, time scales for making a claim and liability limits. The current liability limit under the SRIP is (a) £2 million in respect of a PSG Regulated Local Search or (b) £1 million in respect of a PSG Regulated Drainage Report.
8.5 PSG Connect Limited has in place professional indemnity insurance of £20 million in respect of each and every claim in respect of its work in preparing, collating and providing a Search Report. The name and address of the primary insurer is HCC International Insurance Company PLC, 1 Aldgate, London, EC3N 1RE. Subject to clause 8.7 Our liability to You in respect of all losses arising under or in connection with a claim or a series of related claims whether in contract, tort (including negligence), breach of statutory duty or otherwise shall in no circumstances exceed £20 million.
8.6 PSG Financial Services Limited has in place professional indemnity insurance of £1.2 million in respect of each and every claim in respect of its work in preparing, collating and providing an insurance product. The name and address of the primary insurer is HCC International Insurance Company PLC, 1 Aldgate, London, EC3N 1RE. Subject to clause 8.7 Our liability to You in respect of all losses arising under or in connection with a claim or a series of related claims whether in contract, tort (including negligence), breach of statutory duty or otherwise shall in no circumstances exceed £1.2 million.
8.7 We exclude liability (save as a result of Our negligence) in respect of (i) an Adverse Entry (see clause 8.4) as this covered by the SRIP, (ii) Supplier Reports (see clause 8.3); and (iii) any loss of profits (whether direct or indirect), indirect or consequential loss.
8.8 We are not liable for loss or liability attributable to any accuracy or errors in the Services as a result of untrue, inaccurate or out of date Required Information supplied by You.
8.9 We shall not be liable to You for any loss caused by any failure by You or Your Client to have in place all necessary means of receiving the Services, making the Terms or Supplier Terms available to the Client, the maintenance of internet access, email, facilities and security measures.
8.10 Nothing in the above excludes or restricts Our liability for death or personal injury caused by Our negligence or fraudulent misrepresentation or any other liability which it is not permitted to exclude as a matter of law.
9. Force Majeure
We will not be liable for any failure to perform the Services due to any event beyond Our reasonable control. However, if Our performance of the Services is delayed due to any event beyond our reasonable control, We will notify You promptly.
10. General
10.1 These Terms and Conditions constitute the entire agreement between You and Us in respect of the Services and supersede any representations or warranties previously given.
10.2 We may assign and/or sub-contract any part of the Contract at any time. You shall not be entitled to assign the Contract without our written consent.
10.3 If at any time, any one or more of these Terms are held to be unenforceable, illegal or otherwise invalid in any respect, such enforceability, illegality or invalidity shall not affect the remaining Terms, which shall remain in full force and effect.
10.4 Any failure by Us to enforce a breach of these Terms by You will not be deemed to be a waiver of any subsequent breach of these Terms by You.
10.5 Nothing in these Terms 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.
10.6 Independent dispute resolution – if You (or Your Client) make a complaint in respect of a Report and PSG is unable to resolve it to Your (or Your Client’s) satisfaction the dispute may be referred 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 the Ombudsman’s decision. Where You are an individual dealing directly with PSG as a consumer You are also directed to the online dispute resolution platform at http://ec.europa.eu/odr.
10.7 These Terms will be governed and construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
10.8 Save for Your Client, the parties agree that no other third party shall have any right to enforce these Terms.
Important Consumer Protection Information
Search Reports are produced by the PSG Franchise identified on the front page of the Report; the franchises of PSG Connect Ltd (Head Office -1 Capitol Court, Dodworth, Barnsley, S75 3TZ) are collectively registered with the Property Codes Compliance Board (PCCB) as subscribers to the Search Code. The PCCB independently monitors how registered search firms maintain compliance with the Code.
The Search Code:
By giving You this information, the search firm is confirming that they keep to the principles of the Code. This provides important protection for You.
The Code's core principles - Firms which subscribe to the Search Code will:
Complaints
If you have a query or complaint about your search, you should raise it directly with the search firm, and if appropriate ask for any complaint to be considered under their formal internal complaints procedure. If you remain dissatisfied with the firm’s final response, after your complaint has been formally considered, or if the firm has exceeded the response timescales, you may refer your complaint for consideration under The Property Ombudsman scheme (TPOs). The Ombudsman can award up to £5,000 to you if the Ombudsman finds that you have suffered actual financial loss and/or aggravation, distress or inconvenience as a result of your search provider failing to keep to the Code.
Please note that all queries or complaints regarding Your search should be directed to Your search provider in the first instance, not to TPOs or to the PCCB.
TPOs Contact Details:
The Property Ombudsman Scheme
Milford House
43-55 Milford Street
Salisbury
Wiltshire
SP1 2BP
Tel: 01722 333306
Fax: 01722 332296
Web site: www.tpos.co.uk
E-mail: admin@tpos.co.uk
You can get more information about the PCCB from www.propertycodes.org.uk
PLEASE ASK YOUR SEARCH PROVIDER IF YOU WOULD LIKE A COPY OF THE SEARCH CODE
The PSG complaints procedure is as follows:
If You want to make a complaint, We will:
Complaints should be sent to the PSG Franchise identified on the front page of the Report.
If you are not satisfied with our final response, or we exceed the response timescales, you may refer the complaint to The Property Ombudsman scheme (TPOs): Tel: 01722 333306, E-mail: admin@tpos.co.uk.
We will co-operate fully with the Ombudsman during an investigation and comply with his final decision.
Financial Conduct Authority:
PSG Financial Services Limited is authorised and regulated by the Financial Conduct Authority (FCA). FCA Registration number 583137. You can check this on the FCA Register by visiting www.fsa.gov.uk/register or by contacting the FCA on 0207 964 1000.
If your complaint is in relation to our insurance products you may refer your complaint to: Financial Ombudsman Service; Exchange Tower, Harbour Exchange Square, London, E14 9SR. (Tel: 0207 964 1000, Fax: 020 7964 1001, Email: complaint.info@financial-ombudsman.org.uk).
PSG© March 2018
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