Website Terms and Conditions for CountryView Surveyors Ltd
These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Countryviewsurveyors.co.uk accessible at https://www.countryviewsurveyors.co.uk/.
These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
Intellectual Property Rights
Other than the content you own, under these Terms, CountryView Surveyors Ltd and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited licence only for purposes of viewing the material contained on this Website.
You are specifically restricted from all of the following:
Certain areas of this Website are restricted from being access by you and CountryView Surveyors Ltd may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
In these Website Standard Terms and Conditions, "Your Content" shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant CountryView Chartered Surveyors Ltd a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. CountryView Surveyors Ltd reserves the right to remove any of Your Content from this Website at any time without notice.
This Website is provided "as is," with all faults, and CountryView Surveyors Ltd express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
Limitation of liability
In no event shall CountryView Surveyors Ltd, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. CountryView Surveyors Ltd, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent CountryView Surveyors Ltd from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
CountryView Chartered Surveyors Ltd is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
The CountryView Surveyors Ltd is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms constitute the entire agreement between CountryView Surveyors Ltd and you in relation to your use of this Website, and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the UK law, and you submit to the non-exclusive jurisdiction of the state and federal courts located in the UK for the resolution of any disputes.
General Terms of Business for CountryView Surveyors Ltd
These are the terms upon which Countryview Surveyors Ltd, agree to act for you. Our agreement takes effect from the date we agree to accept your instructions but these terms will apply from the date we provide you with a copy of them.
DEFINITIONS AND INTERPRETATIONS
Terms means the terms of business set out in this document and include any other terms and conditions set out or referred to in our Instruction Letter. These Terms apply to all services that you instruct us to provide and cannot be varied or amended except in writing and signed by you and us.
Client (referred to throughout as ‘you’) means the person, company, firm or other legal entity named in our Instruction Letter. We will not accept instructions to act for any other legal entity nor will these Terms apply unless we have agreed in writing to act for that alternative entity. We reserve the right to refuse to act for such an alternative entity until (if at all) we have undertaken due diligence to fulfil our internal credit, money laundering and risk obligations. In the event that we are instructed to act for a single purpose corporate vehicle we reserve the right to require and be provided with a parent company or other guarantee for our fees before accepting instructions to act. In the case of the sale of a Property by a corporate client in which the shares in such client are the assets transferring we will require the shareholders of such corporate client to guarantee its obligations to us.
Countryview Surveyors Ltd means any entity owned or controlled by Countryview Surveyors Ltd.
Confidential Information means information that is by its nature confidential and/or is designated by us to be confidential.
Instruction Letter means the letter of instruction, proposal or tender which is sent to you with these Terms. In the event that there is any conflict between the terms set out in this document and the terms set out in the Instruction Letter the terms in the Instruction Letter shall take precedence.
Services means the specific services set out in the Instruction Letter and any other services which we agree in writing to provide.
Our fees are as stated in the Instruction Letter.
Where we are required to undertake additional work outside the agreed scope of the Services additional charges will be agreed.
Any estimates of fees are provided on the basis of the information you provide to us. Such estimates are not therefore binding upon us if the information provided is in any way incomplete, misleading or wrong.
PAYMENT TERMS AND CHARGES DUE
We will be entitled to issue an invoice and our fees will become due for payment free from any discount, deduction set-off or counter claim on the date(s) specified in the Instruction Letter.
In all other cases charges become due on the date that we issue an invoice for the services provided.
In the event that we are required to issue proceedings to recover any fees or disbursements and we are successful in such proceedings you agree that you will pay our legal costs of such proceedings even if the amount claimed is less than the limit for small claims cases.
The fees disbursements and expenses referred to in these Terms and in the Instruction Letter are all subject to the addition of VAT where applicable (and any other taxes whether UK or overseas which may arise).
Unless otherwise agreed in writing, in default of payment by you within 21 days of delivery of an invoice, interest will be chargeable upon outstanding invoices at the rate of 6% above the Bank of England minimum lending rate from time to time from the date of our invoice until payment.
SCOPE OF SERVICES
We accept no liability for the content or interpretation of title, regulatory documents (such as Energy Performance Certificates) or tenancy documents and unless specifically instructed to report on them we do not warrant that properties on which we advise that any land is free from contamination; or that any land or property is compliant with regulations, or that any land or premises has planning permission or is capable of being developed for the purposes for which it may be required.
Unless you inform us in writing to the contrary we shall not be required to check or approve the accuracy of information provided to us by you or others including Energy Performance Certificates.
Unless you inform us in writing to the contrary you hereby warrant the accuracy of all information provided to us by you or on your behalf on the basis that you expect us to rely upon it.
You undertake to indemnify us against all costs, claims, charges and expenses of whatever nature which may arise as a result of any such information proving to be inaccurate (whether wholly or in part) or incomplete.
In relation to any written report or advice prepared by us you agree that neither the whole nor any part of our report or advice or Confidential Information may be included in any published document, circular or statement or published in any way without our written approval prior to publication.
Copyright in any reports, documents or other material provided to you by us shall remain our property at all times
Unless you instruct us to the contrary, you hereby agree that we may destroy papers or documents relating to the Services six years after the date of the final invoice that we send you for the particular matter.
We shall treat receipt of an e-mail from you as a request to us to communicate with you by e-mail.
If you intend to communicate with us by e-mail, by accepting these Terms you confirm that you understand the risks of doing so and you authorise us to act upon electronic instructions which have been transmitted (or appear to have been transmitted) by you.
GENERAL DATA DATA PROTECTION REGULATION (GDPR)
We will not disclose to any third party any personal data without your express authority to do so. We will only use your personal information that we collect in order to perform a contract with you, where you have given permission for us to do so and will only process your personal information for Countryview Chartered Surveyors Ltd legitimate interests.
LIMITATION OF LIABILITY
In relation to any Services provided by us to you the following limitations apply:
You agree not to bring any claim for any losses against any member, officer, director, employee or consultant of Countryview Surveyors Ltd or any Countryview Surveyors (each a "Countryview Surveyors Person"). You hereby agree that a Countryview Surveyors Person does not have a personal duty of care to you and any claim for losses must be brought against Countryview Surveyors Ltd. It is agreed that any Countryview Surveyors Person may enforce this clause under the Contracts (Rights of Third Parties) Act 1999 but that these terms may be varied at any time without the need for them to consent.
We will not be liable in respect of any of the following:
(a) for any services outside the scope of the Services agreed to be performed by us;
(b) to any third party;
(c) in respect of any consequential losses or loss of profits.
(d) for any losses, costs, penalties or damages arising from the Energy Performance of Buildings Regulations 2012.
Where any loss is suffered by you for which we and any other person are jointly and severally liable to you the loss recoverable by you from us shall be limited so as to be in proportion to our relative contribution to the overall fault.
Our liability for loss and damage attributable to our negligence, breach of contract, misrepresentation or otherwise (but not in respect of fraud, fraudulent misrepresentation, death or personal injury) shall not exceed £500,000 per single originating cause (or if higher, such minimum level of insurance cover as the Royal Institution of Chartered Surveyors requires us to maintain from time to time). This limit applies to each and every transaction and retainer and any subsequent work we undertake for you unless expressly overridden in a subsequent Instruction Letter signed by a director of Countryview Surveyors Ltd.
The exclusions and limitations in this paragraph will not exclude or limit any liability for fraud or dishonesty or for liabilities which cannot lawfully be limited or excluded.
Where the Instruction Letter is addressed to more than one client, the above limit of liability applies to the aggregate of all claims by all such clients and not separately to each client.
You agree to indemnify us against all costs, claims, charges and expenses which we shall incur by reason of (but not limited to):
(a) Use of any of our work for purposes other than those agreed by us.
(b) Misrepresentation by you or with your authority to third parties of advice given by us.
(c) Misrepresentation to third parties of the extent of our involvement in any particular project.
(d) Any claims or proceedings concerning Energy Performance Certificates prepared by you or on your behalf.
You also agree to indemnify us against any and all damages or liability suffered by us, arising from the use by us of material provided by you to us the copyright of which is vested in a third party.
CONFLICT OF INTEREST/QUALIFICATION
Countryview Surveyors Ltd shall promptly notify the Client of any matter including conflict of interest or lack of qualifications and experience, which would render it undesirable for Countryview Surveyors Ltd to continue its involvement with the appointment. The Client shall be responsible for payment of Countryview Surveyors Ltd Fees up to the date of notification.
Neither this agreement nor any of its terms may be assigned by you to any third party unless agreed in writing.
TERMINATION OF INSTRUCTIONS
We may terminate any agreement governed by these Terms immediately by notice in writing:
(a) Where as a result of circumstances outside the control of both of us the Services become impossible of performance or;
(b) Where you have rendered the Services impossible of performance or;
(c) You have provided incorrect information to us contrary to information you have provided upon which we have relied or;
(d) If you have not made payment by the due date of any sum payable to us or;
(e) At any time in the event that you are in material breach of your obligations to us or;
(f) Without assigning any reason and on the basis that you are under no obligation to pay any fees in respect of the matter and that we are under no obligation to perform any further services.
You may terminate any agreement governed by these Terms by giving notice in writing at least three days before the notified date of survey. However, if the Instruction Letter states a minimum period for our instruction, notice to terminate may not be given so as to expire before the end of that period.
Notwithstanding termination of our agreement with you the provisions of aforementioned Clauses shall remain in full force and effect.
MONEY LAUNDERING COMPLIANCE
We are required by law to operate procedures pursuant to the Money Laundering Regulations 2007, which may include requesting that you provide us with documentary proof of identity, proof of address and/or proof of funding in relation to a particular transaction or instruction where applicable. You agree to comply with any such requests promptly.
We operate a procedure for complaints handling as required by the Royal Institution of Chartered Surveyors. A copy is available on request.
LAW AND JURISDICTION
These terms of business are subject to the laws of England and Wales.
Any dispute shall be subject to the exclusive jurisdiction of the English Courts.
If a court rules that any provision of these Terms is invalid or unenforceable this will not affect the validity of the rest of the Terms which will remain in force.
RIGHTS OF THIRD PARTIES
Except as set out within these clauses, none of the Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party. No third party will be entitled to rely on any Report or advice except as agreed in writing by us.
Neither Countryview Surveyors Ltd nor the Client shall, except as otherwise provided in these Terms of Business, be responsible for any loss, damage, delay or failure in performance hereunder arising or resulting from act of God, act of war, seizure under legal process, quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions and arrest or restraint of princes, rulers or people.
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