1. These terms
1.1 What these terms cover. These are the terms and conditions on which we take your instructions to proceed to engage with a provider of home reports (“the Provider”) on your behalf. Such Provider shall undertake to complete the relevant inspections required to compile a Home Report.
1.2 Why you should read them. Please read these terms carefully before you instruct our services. These terms tell you who we are, how we will provide services to you, how you may end the contract, what to do if there is a problem and other important information.
1.3 Further terms and conditions. Please note that you will be subject to the Provider’s terms and conditions, a copy of which shall be provided to you. Please also read the Provider’s terms carefully before you instruct our services. You will also be subject to the Royal Institution of Chartered Surveyors’ terms and conditions which the appointed surveyor shall operate under.
2. Information about us and how to contact us
2.1 Who we are. We are Home Report For You Ltd, a company registered in Scotland with registration number SC550080 and our registered office is at 272 Bath Street, Glasgow, G2 4JR. Our registered VAT number is 161570226.
2.2 How to contact us. You can contact us by telephoning our customer service team on 0330 304 0133 or by emailing us at firstname.lastname@example.org or by writing to us at 272 Bath Street, Glasgow, G2 4JR or by contacting us through our online enquiry form.
How we may contact you. We will contact you by telephone or by writing to you at the email address or postal address you have provided to us.
3. Placing your instructions
3.1 Please contact us using one of the above methods to register your enquiry. We will then endeavour to contact you as soon as possible to further discuss the details of your enquiry. We shall provide you with a price for the Home Report and you shall ensure that you provide us with accurate information in respect of all the details requested by us.
3.2 We shall then pass on your details to the Provider who will endeavour to contact you to confirm the price for the Home Report and when payment is due and to thereafter discuss available dates for the survey. Please note that the Home Report instruction will not proceed until payment is made to the Provider.
3.3 In some instances you may require to make payment directly to us rather than the Provider. We will notify you when you are required to make payment. You will be issued with an invoice which will detail when you must pay.
3.4 The Provider shall instruct a surveyor to provide a single survey, energy report and mortgage report. You will be responsible for the completion of the property questionnaire.
4. Important Information
4.1 Once the completed Home Report has been compiled by the Provider:
(a) the Provider shall make available the Home Report to potential buyers upon request; and
(b) the Home Report shall be available on the Provider’s website.
By acceptance of these terms and conditions you confirm you have no objection to the distribution of the completed Home Report in this way.
4.2 All intellectual property rights in relation to the Home Report, including but not limited to copyright and design rights shall remain with the Provider.
4.3 All data obtained by the Provider in the process of compiling and distributing the Home Reports will be retained for the exclusive use of the Provider.
4.4 The completed Home Report may not be accepted by all mortgage providers or lenders. The Provider will notify you should this be the case, together with any additional costs that may apply in these circumstances.
In terms of the Consumer Contracts (Information, Cancellations and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015, or any such other legislation as may from time to time be applicable, you are entitled to cancel this contract in writing by giving notice to the Provider at any time before the day of the survey, and in any event within fourteen days of entering this contract. Please note that where you have specifically requested that the Provider provides services to you within fourteen days of entering into the contract, you will be responsible for fees and charges incurred by the surveyor up until the date of cancellation.
6. Our responsibility for loss or damage suffered by you
6.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
6.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; including the right to receive services which are supplied with reasonable skill and care.
6.3 We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.4 We will have no liability to you for any loss or damage you suffer from any failings from the Provider or the instructed surveyor.
6.5 We are not liable for any breach in respect of your personal data used by the Provider.
7. How we may use your personal data
7.1 We may only collect, process and share your personal data fairly and lawfully and for specified purposes.
7.2 We will use the personal data you provide to us:
(a) to supply the services to you;
(b) to instruct the Provider; and
(c) to process your payment for the Home Report (if applicable).
7.3 The processing of your personal data is necessary for the performance of your contract with us.
7.4 We will also use your personal data to provide you with information about similar services or products that we provide to pursue our legitimate interests. Please note that you can ask us to erase your personal data at any time by contacting us by telephoning our customer service team on 0330 304 0133 or by emailing us at email@example.com or by writing to us at 272 Bath Street, Glasgow, G2 4JR or by contacting us through our online enquiry form.
7.5 We will only give your personal data to third parties where the law either requires or allows us to do so.
8. Other important terms
8.1 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
8.2 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Scots law and the Scottish courts shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.
8.3 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider as recommended by Ofgem. You can submit a complaint to Ombudsman Services via their website at www.ombudsman-services.org.Ombudsman Services will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
9. If there is a problem
9.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone our customer service team at 0330 304 0133 or by emailing us at firstname.lastname@example.org or by writing to us at 272 Bath Street, Glasgow, G2 4JR or by contacting us through our online enquiry form.