1.Definitions In these terms and conditions the following words shall bear the following meaning:
1.1 “We”, “us”, “our”, “the company” are references to IPE Marketing Consulting, its Associates or any other third parties.
1.2 “You”, “your”, “the customer”, “the client” shall mean the person, firm or company placing an order for our services whether orally or in writing.
1.3 The section titles in this agreement are used solely for the convenience of the parties and have no legal or contractual significance.
2. Supply of Service
IPE Marketing Consulting shall use reasonable care and skill to ensure that it provides services in good faith, based on the information and instructions you provide, and in accordance with our terms and conditions provided below.
2.1 The customer contracts with us as principal whether or not the customer in turn contracts as agent on behalf of its own client or customer.
2.2 When you instruct or authorise us to carry out a search or provide a service on your behalf, your instruction or authorisation constitutes an acceptance by you of your liability to pay for the service, in accordance with our terms and conditions.
2.3 If the information you provide is insufficient for us to provide the service, we will be unable to proceed until this is rectified, and we will not accept any responsibility for any resulting delay.
2.4 If the information or instructions that you provide are misleading or inaccurate, you are still liable for the cost of the service offered in accordance with the instructions provided.
2.5 You may only use our services for your own purposes, or on behalf of the client who has commissioned it, and you may not disclose or resell the information or services provided to third parties without our specific written authority.
2.6 You should notify us of any defect or inaccuracy in the service or product provided by us within seven (7) days of the error being discovered.
2.7 Any time quoted for delivery is an estimate only and we shall not be liable for any losses or damages arising as a result of late or non-delivery.
2.8 Any oral cancellation of an order or service must be confirmed in writing. You may remain liable for any expenses or disbursements we may have incurred prior to your notice of cancellation.
2.9 For the purpose of complying with the Home Information Pack (No. 2) Regulations 2007, copies of this report may be made for inclusion in a Home Information Pack.
2.10 Where information required to answer certain CON29 ‘R’ 2007 Part 1 questions can only be made available at an additional cost/time element we undertake to inform the client of any additional fees that may be chargeable for obtaining such information.
2.11 In the event of the client requesting ‘copy documents’, a fee will be charged based on the cost/time elements of obtaining said documents and any local authority disbursement. We undertake to inform the client of such fees at the time of the request or before providing any such document.
2.12 Search Reports will be returned electronically. As a carbon neutral organisation IPE Marketing Consulting does not provide hard copies as standard.
3. Prices and Payment
3.1 You are liable to pay us for the service provided at the rate we advise you before or when we provide such services
3.2 Prices shown in our price list are subject to alteration by us and we will advised you before or when our services are provided.
3.3 Unless account facilities have been granted for payment of our services, we must receive payments in full before any services are provided or a report is produced.
3.4 Where account facilities have been granted, all monies must be paid by due date, without exception.
3.5 All delays in payment shall attract interest at the rate of 2% above Barclays Bank PLC base rate, which shall be compounded monthly.
3.6 We reserve the right to recover our reasonable costs in recovering the debt.
4.Warranties and Limitation of Liability
4.1 We do not warrant or guarantee the services of third party service providers.
4.2 We have insurance to meet the requirements of the Home Information Pack (2) Regulations 2007 to protect the Client against negligence by us. The insurer in respect of this report is Hardy Conveyancing Insurances, underwritten by Syndicate 382 at Lloyd’s Authorised and regulated by the Financial Services Authority.
4.3 The Local Authority or data provider will be liable for any negligent or incorrect entry in the records searched. IPE Marketing Consulting will be liable for any negligent or incorrect interpretation of the records searched and the recording of that interpretation in the search report.
4.4 We take reasonable skill and care in acquiring data and information we provide to you, but we shall not be deemed to warrant the accuracy of the data and information provided to us where such information has either been provided verbally and is not capable of independent verification by a third party, or the data provider does not allow us access to inspect its registers.
4.5 If we shall be unable to fulfil an order for any reason whatsoever we shall incur no liability for any loss or damage arising therefrom.
4.6 In the event that you or your client suffers loss as a direct result of our negligence, our liability, which excludes any liability for indirect or consequential loss, shall not exceed £2,000,000.
5. Complaints Procedure
IPE Marketing Consulting is a member of The Association of Independent Search Agents (IPSA) and subscribes to its Code of Conduct. We have a formal written complaints procedure for handling complaints speedily and fairly. If you wish to make a complaint, you should contact: Customer Services, IPE Marketing Consulting, 65 Culver lane, Reading, RG6 1DX. Tel: 01189625010, E-mail: info@ipemarketingconsulting.co.uk
We will:
If you are not satisfied with the final decision, you may refer the complaint to the Independent Personal Search Adjudication Scheme (IPSAS), operated by DRS-CIArb, a part of the Chartered Institute of Arbitrators and you shall be provided with a copy of the ‘How to Complain’ leaflet and contact details. We will co-operate fully with the independent adjudicator during the consideration of a complaint by the IPSAS and comply with any decision.
6. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations caused by any circumstances beyond its reasonable control including but not limited to industrial disputes or interruption to any telecommunication satellite broadcast services used to carry the service to the customer.
7. Jurisdiction
This agreement shall be governed and construed in accordance with English Law and shall be subject to the jurisdiction of English Courts.