Horizon Surveying Solutions LTD Standard Terms Of Business

Your completion of the on-line ordering process or by ordering via telephone, fax, post or email and/or agreement to pay for a Home Information Pack or Energy Performance Certificate creates a binding agreement with us and it is important that you read and understand our terms and conditions before making an order. If you have any queries you should contact Horizon Surveying Solution LTD 6532224 trading as Horizon Home Information Services. Horizon Surveying Solutions LTD trading as Horizon Home Information Services reserves the right to amend this agreement from time to time and new versions of this agreement will be posted on Horizon Home Information Services web site.

Definitions and Interpretation

The following words will have the meanings ascribed to them:

When payment is being made to us by the Seller, they are the “Customer” under the terms of this Agreement. When payment is being made to us by the Estate Agent or other agent, they are the “Customer” under the terms of this Agreement. “HIP” means the Home Information Pack you are ordering from us through our online website facility “EPC” means the Energy Performance Certificate you are ordering from us though our online website facility “EA” means energy assessor that will produce he EPC “Property” means the property for which the HIP/EPC or any other services is being provided “Working Day” means Mondays to Fridays except for public holidays “Order “means your completion of our on-line ordering process or by ordering via telephone, fax, post or email and/or agreement to pay for us to provide you with a HIP/EPC and/or any other additional service for you or the property “Report” and “Third Party Report” means any report(s) you have asked us to deliver to you within the HIP/EPC as detailed in the order “Services” means our compiling and delivery of the reports and HIP/EPC and/or any other additional service “Required Information” means all the necessary information we require from the customer to complete a HIP/EPC for the property in accordance with the Housing Act 2004 and any amending Regulations. 

 Headings used in this Agreement are for convenience only and shall not affect their interpretation.

1.0 General

These are the Terms & Conditions of the Agreement that you are deemed to accept when ordering a Home Information Pack or Energy Performance Certificate or any other services from Horizon Surveying Solutions LTD trading as Horizon Home Information Services. This Agreement is made between the person, firm, company or other party ordering a Home Information Pack or Energy Performance Certificate or any other services (the “Customer” “you” or “your”) and Horizon Surveying Solutions LTD (“Horizon Home Information Services” “we” “us” or “our”). The date of this Agreement is deemed to be the date of the order of the Home Information Pack or Energy Performance Certificate or any other service.

2.0 Your Obligations

2.1 You will provide us with the Required Information.

2.2 You will at your expense provide all such information & co-operation as is reasonably required to enable us to provide the services. This shall include giving clear and safe access to all of the Premises, and ensuring that it is safe for the EA to conduct the required survey.

2.3 You will ensure not to leave any child under the age of 16 alone to supervise the EPC assessment.

2.4 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 in the terms of this agreement, the provisions of the Reports will prevail.

3.0 Our Obligations

3.1 We reserve the right to reject an Order and if not rejected we may refuse to provide the Services at any time without giving any reason in which circumstances a proportional refund of any payment would be made. Each Order if not rejected by us will constitute a separate and severable Agreement.

3.2 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 or omit any information in the report which becomes available after the date of publication.

3.3 Any indication that we may give as to the time in which we will deliver the reports will be a good faith estimate only. We will use all reasonable endeavours to deliver the reports within the time-scale that we have estimated.

3.4 Subject to anything else contained within the terms of this agreement, all other warranties, conditions, terms, undertakings and obligations, whether express or implied are expressly excluded.

3.5 We will begin compiling or actioning the HIP/EPC or any other services that is being provided for the property or for you in accordance with your order immediately upon the placement of your Order.

3.6 A full HIP for a registered freehold property will usually be produced within 5 Working Days and a lite HIP and EPC within 3 Working Days although this is not guaranteed and other types of properties particularly leasehold properties will usually take longer to produce.

3.7 An EPC shall consist of an assessment of the Premises by the EA and subsequent submission of an EPC. The EA will not provide a survey, condition report or property valuation. Any additional services will be dealt with by a separate contract. The EA will undertake a visual assessment and will not look at parts of the Premises which are covered, unexposed or inaccessible. The EA will not pull up carpets or floor boards, or test the services within the Premises. Lofts will only be visually inspected if it is safe to do so, access is within 3 metres of floor level & it will not damage the Premises.

3.8 When you place an Order with us, we will send you an email confirming receipt of your order.

4.0 Confidentiality & Data Protection

4.1 All personal information relating to the HIP/EPC, will be treated as private & confidential by both parties, and will not be disclosed to any other parties without written consent.

4.2 An EPC prepared by the EA and supporting notes & photographs must be uploaded to the EAs Accreditation Scheme and thereafter entered onto the national Register of EPCs.

4.3 Both parties shall comply with their obligations under the Data Protection Act 1998. The client will be entitled to see any of their Personal Data held by us or the EA.

5.0 Cancellation

5.1 In order to provide a HIP/EPC as soon as possible, our process for compiling it are automatically commenced, and the consequential costs incurred, immediately it is ordered and paid for. Therefore if a HIP is cancelled only a partial refund can be made.

6.0 Intellectual Property Rights

6.1 Any and all intellectual property rights in the HIP/EPC shall vest in us and remain our property. We disclaim all proprietary rights including, without limitation, intellectual property rights in third party reports.

6.2 You will not acquire or attempt to register any intellectual property rights in any reports whether on your own behalf or on behalf of anyone else. You further agree not to use the reports in whole or part other than as is expressly permitted by the terms of this agreement.

7.0 Limitation of Liability

7.1 You are advised that our compilation of the HIP is dependent upon both you and others providing information and in compiling it we will not visit the property. Although we will be responsible for the compilation of the HIP and for ensuring that it contains all required documents and information we accept no responsibility for any decisions made by or any third party relying on a HIP that is correctly compiled by us.

7.2 We cannot accept any liability for any error in a Report which is based on any error or inaccuracy in a public register. Nor will we be liable for any information contained within a Report which is based on information that we have obtained from a third party.

7.3 We cannot accept any responsibility for any inaccuracy or error in the HIP/EPC or any other service that is based on incomplete or inaccurate information provided in the Order.

8.0 Force Majeure

8.1 Except for any payment obligation imposed on the Client, neither party will be liable for a delay in performing, or for a failure to perform, obligations if that delay or failure is caused by circumstances beyond the reasonable control of that party including errors caused by the government approved software program used by the EA to make the EPC assessment.

9.0 Enforceability

9.1 If at any time any one or more of the terms of this Agreement are held to be unenforceable, illegal or otherwise invalid in any respect such unenforceability, illegality or invalidity shall not affect the remaining terms of this Agreement which shall remain in full force and effect.

9.2 Any failure by us to enforce a breach of the terms of this Agreement by you will not be deemed to be a waiver of any subsequent breach of the terms of this Agreement that you make.

9.3 These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.