BUSINESS TERMS AND CONDITIONS

1 September 2015

We have a range of terms and conditions for our products as listed below:

Landmark Terms and conditions
Groundsure Terms and conditions
Devassess Terms and conditions
CLS Terms and conditions
FCI Terms and conditions
Drainage and Water Enquiry Terms and conditions
Basic CommercialDW Terms and conditions
Standard CommercialDW Terms and conditions
ComemrcialDW Extra Terms and conditions

Please be aware that all of our Terms and Conditions have been reviewed and updated. These will come in to effect Monday October 2nd 2017.

General Terms and conditions

Commercial Terms and conditions

Residential Terms and conditions

Terms and conditions for Wessex Searches Online Services

1. Important notice

In these Terms and Conditions, ‘we’, ‘our’ and ‘us’ refer to Wessex Searches and ’you’ and ‘your’ refer to the person, firm or company requesting the provision of property-related search information and reports from us.  By using our Website to access any of the services provided by us you agree to accept and abide by the terms and conditions set out below.

These terms and conditions, as updated from time to time, apply to the provision of Wessex Searches Online Services and set out the terms on which you may request and receive property-related search information and reports from our Website.

These terms and conditions do not supersede or affect any of our standard or other terms and conditions.

Before proceeding please read these terms and conditions carefully.  By registering your details on our Website, you indicate that you accept these terms and conditions and that you agree to be bound by them.  If you find yourself unable to agree to them in full you should not complete the registration process, and, if you are already using the service you should stop and de-register using the procedure set out in Paragraph 25.

2. About us

Wessex Searches is a trading name of Wessex Water Enterprises Limited.

Wessex Searches is the official provider of CON29 DW (Drainage and Water) searches in the Wessex Water, Bristol Water and Bournemouth and West Hampshire Water areas as well as being a provider of other property-related search information.

Wessex Water Enterprises Limited (company registration number 02279151) is a company registered in England and Wales having its registered office at The Operations Centre, Claverton Down Road, Claverton Down, Bath BA2 7WW.

3. Interpretation and definitions

In these Terms and Conditions, the following words and expressions have the following meanings:-

“2013 Regulations”         means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 S1 2013/314

“Client”                              means the person for whom you have agreed to supply one or more Search Requests in the normal course of your professional business

“Consumer”                      means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession

“Map Data”                       means any Ordnance Survey map data provided as part of the Services

“Search Report”               means a Wessex Searches Search Report and/or a Specialist Report Provider Search Report

“Search Request”            means your electronic request to us on our Website to provide particular property-related search information and reports

“Services”                          means the services we provide in response to your Search Request, including the provision of Search Reports

“Specialist Report           means any third party which provides reports such as an
Provider”                          environmental and/or a property risk Search Report

“Specialist Report           means an electronic report produced by a Specialist Report Provider
Provider Search               in response to your Search Request
Report”                             

“Specialist Report           means additional terms and conditions which are imposed by a
Provider Terms”              Specialist Report Provider in respect of a Specialist Report Provider Search Report

“Website”                         means any of our websites used for the purposes of registering for Wessex Searches Online Services or for requesting, purchasing and providing a Search Report

“Wessex Searches           means any Services provided by us through our Website
Online Services”

“Wessex Searches           means an electronic report produced by us in response to your Search
Search Report”                 Request

“Wessex Searches           means additional terms and conditions which are imposed by us
Specific Terms”                specific to a Search Report

“Working Day”                 means any day other than a Saturday, Sunday or public holiday on which the clearing banks are open for transaction of normal banking business in London

4. Registering/E-mail and password

In order to register you must have a valid e-mail account and provide us with the accurate and currently valid address of that account.

You have an obligation to keep your password secure. You must protect your password for accessing our Website.  We recommend that you do not share your password information with anyone.

You are responsible for the continued accuracy and validity of the e-mail address that you supply.  If that e-mail account becomes invalid or you wish Search Reports to be sent to a different e-mail account it will be your responsibility to update your contact details online.

You will be fully liable for any invoices for which a notification has been sent to your e-mail address.  If the notification is not received in your inbox because it has been bounced by your firewall or spam filter or your e-mail address has been closed or is otherwise not operational, to prove that we sent a notification to you it shall be sufficient for us to show that it was dispatched by e-mail to the correct e-mail address (as last notified by you to us).

We accept no responsibility or liability in the event that your password is used by anyone else to access your account or correspondence is read by anyone else.  If you have reason to believe that anyone else knows your password, you should change it immediately.

Please tick/check the button marked “I accept the terms and conditions” on our Website if you accept these terms and conditions.  If you do not agree to these terms and conditions, you will not be able to register your details on our Website and place an order for Services.

By registering your details on our Website, you warrant to us that you have the necessary authority to enter into a contract for the purchase of Services and that if you are an individual you are at least 18 years old and that you are otherwise legally capable of entering into binding contracts with us.

5. Contract

Submission by you of a Search Request on our Website constitutes an offer by you to purchase Services from us.

You acknowledge that some or all of the information needed to answer your Search Request may need to come from a Specialist Report Provider or Specialist Report Providers.  Where this is the case, we will pass on your Search Request to the relevant Specialist Report Provider or Specialist Report Providers as the case may be.

We provide  Services on the basis of these Terms and Conditions and the Wessex Searches Specific Terms and/or where applicable, the Specialist Report Provider Terms.

We may choose whether to accept your Search Request.

We will confirm acceptance of your Search Request through our Website.
Where you are a business customer and you have ordered a Search Report incorrectly or you need to cancel a Search Request, you may cancel it on our Website at any time before we start to process it.  Where we have started to process your Search Request you may still cancel it but we reserve the right to levy a cancellation fee.  The amount of the cancellation fee levied will depend on the amount of work carried out or committed to be carried out (for example work committed to be carried out for you by Specialist Report Provider) at the time of cancellation.

Where you submit a Search Request on behalf of a Client, you agree that you will comply with the Data Protection Act 1998 at all times.

You are responsible for procuring that your Clients’ consent to their names, addresses and other personal information being submitted to our Website.  Where an individual Client does not give such consent, you may not submit a Search Request using that Client’s personal information.

If you submit your Search Request as a Consumer the cancellation provisions at Paragraph 23 to these Terms and Conditions are applicable and we will not process your order for 14 days unless you have confirmed that you waive your right to cancel this contract at the time you place your order. Your attention is specifically directed to Paragraph 23.

6. Wessex Water Specific Terms

Where your Search Request is for a Wessex Searches Search Report, it will be subject to the Wessex Water Specific Terms and you agree to be bound by those terms.  The Wessex Water Specific Terms are available on our Website for you to view before you place an order.

Wessex Water Specific Terms will be supplied to you with the Wessex Searches Search Report.

 

7. Specialist Report Provider Terms

Where your  Search Request is for a Specialist Report Provider Search Report, we will submit that Search Request to the Specialist Report Provider as soon as reasonably practicable.

Where your Search Request is for, or includes a request for a Specialist Report Provider Search Report, it will be subject to the Specialist Report Party Provider Terms imposed by the Specialist Report Provider and you agree to be bound by those terms.  These Specialist Report Provider Terms are available on our Website for you to view before you place an order.

If there is any conflict or inconsistency between the provisions of these Terms and Conditions and the Specialist Report Provider Terms, the provisions of the Specialist Report Provider Terms shall prevail in relation to the supply of the Specialist Report Provider Search Report.

You agree only to use a Specialist Report Provider Search Report for the purpose for which it is supplied in accordance with the Specialist Report Provider Terms.

Your attention is drawn to Paragraph 9 in relation to our liability in relation to Specialist Report Provider Search Reports.

8. Standards of Service

We will comply with all laws and regulations applicable to the provision of the Services.

Where we accept your Search Request:-

  • we will provide the Services with reasonable skill and care
  • we will send the Search Reports to the email address you have provided in your Search Request, unless an alternative delivery method has been specified; and
  • we will use reasonable endeavors to provide the Search Report within ten Working Days provided that where this is not possible (for example where a site survey is necessary to complete a Search Report or where there is a delay in the provision to us of a Specialist Report Provider Search Report) we will notify you.

We do not warrant that the Services will meet your requirements.  It is your responsibility to ensure that your Search Request, the Services, and the Search Report meet your requirements and (if applicable) the requirements of your Client.

To the fullest extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms implied by statute, common law or the law of equity.

If you have a query about the content of a Search Report, please contact us at:-

contactus@wessexsearches.co.uk

9. Search Reports - Disclaimers

We are not responsible for checking, examining or evaluating the content of a Specialist Report Provider Search Report and we do not carry out such checks, examinations or evaluations.  To the fullest extent permitted by law, we do not accept liability for errors and inconsistencies in information contained in Specialist Report Provider Search Reports.

To the fullest extent permitted by law, we do not accept liability for errors, omissions and/or inconsistencies in the content of Search Reports unless due directly to our wrongful or negligent acts or omissions.

You acknowledge that you have not as the case may be either submitted or omitted to submit a Search Request for a Specialist Report Provider Search Report in reliance on any statement, opinion, commentary, representation, guarantee or warranty contained or posted on our Website and/or given by us.

You acknowledge that Specialist Report Provider Search Reports may contain disclaimers and cautions in respect of the accuracy and completeness of the information provided in a Specialist Report Provider Search Report or the extent to which it can be relied on.

We do not warrant that Specialist Report Provider Search Reports will be fit for any particular purpose or that a Specialist Report Provider Search Report and/or any other information provided by a Specialist Report Provider is complete, accurate or of satisfactory quality.

10. Prices and Payment

We will publish our prices on our Website.

Prices are in pounds sterling and include VAT unless otherwise specified.

In some cases, our charges may be subject to amendment to take account of property specific factors including, for example, plot size and multiple occupancy which may affect charges for Specialist Report Provider Search Reports.  Where this applies, we will ask you to confirm whether or not you wish us to continue with the Search Request at the amended price.

Prices are liable to change at any time.  We will not give prior notice of any adjustment to our prices, but no adjustment will be retrospective and changes will not affect orders which have been accepted prior to the change.

Unless otherwise agreed by us, you will receive a weekly invoice for Search Requests completed in the previous week.

Where you wish to discuss with us a different invoice frequency - e.g. Search Report by Search Report invoicing or monthly invoicing you should contact the Wessex Searches team at:-

contactus@wessexsearches.co.uk

Payment for Search Reports is due 30 days from date of invoice.

11. Intellectual Property Rights

We grant you a non-exclusive and non-transferable licence:-

  • to use our Website for the purpose of registering for Wessex Searches Online Services, making Search Requests and receiving Search Reports
  • to make copies of the Search Reports (except the Map Data) for your own internal purposes
  • to incorporate the Search Reports (other than the Map Data) into any written advice you provide in the normal course of your business; and
  • to disclose the Search Reports in the normal course of your business to:-
  • your Client
  • anyone who is acquiring or considering acquiring an interest in or charge over the property to which the Search Report relates
  • to the professional advisers of those referred to in (ii) above

All intellectual property rights, including trademarks, domain names and copyright in the Search Reports are owned by us or licensed to us by the Specialist Report Providers and/or our licensors.

All intellectual property rights, including trademarks, domain names and copyright in the form and content of our Website (together with the website design, text and graphics and the arrangement of them) are owned by or licensed to us.  All such rights are reserved.

The name and logo of Wessex Water is a UK registered trademark.  The names Wessex Water Enterprises Limited, Wessex Searches, our logos or other proprietary rights and the logos or other proprietary rights of the Specialist Report Providers must not be used in any way without our prior written approval or the prior written approval of the relevant Specialist Party Provider.

Nothing in these Terms and Conditions and/or our Website constitutes a licence to use any such rights in any way except as expressly permitted herein.

You must not alter, remove or obscure any logos and/or branding which is contained in a Search Report.

Reproduction of any page(s) from our Website is limited to the downloading to a local hard disk for your personal, non-commercial use. The content of our Website may not be copied or otherwise incorporated into or stored in any other website, electronic retrieval system, publication or other work in any form without our prior written consent or in accordance with the Copyright, Designs and Patents Act 1998 as amended.  If you download or print copies of the content you must retain any copyright or other intellectual property notices in the original.  Any requests for permission to use the content in a manner otherwise than permitted by these terms should be addressed to the Digital Communications Manager, Wessex Water, Claverton Down Road, Claverton Down, Bath BA2 7WW.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with any content standards set out in these terms.

If you wish to make any use of material on our site other than that set out above, please address your request to the Digital Communications Manager, Wessex Water, Claverton Down Road, Claverton Down, Bath BA2 7WW.

12. Map Data

The Ordnance Survey has set limits on rights to print out and copy Map Data.  If you need further copies of the Map Data or to pass it on to others you may need to obtain and pay for a licence directly from Ordnance Survey itself.

13. Electronic security

You acknowledge that electronic communication is unavoidably insecure in limited circumstances.  By using our Website, you accept the risk of electronic communication between us and you being intercepted by unauthorised third parties. If so intercepted and, in the case of e-mail sent by us, provided we have addressed it to your e-mail address as notified to us, we will not be considered to be in breach of confidence or in breach of any other duty or other legal requirement.

We shall not be liable to you for any loss, expense or damage incurred or suffered by you in connection with such interception unless due to our deliberate fault or negligence.

14. Solicited contact via e-mail and other means

We will generally use e-mail as the primary means of contact with you, but may also contact you via other means if it is appropriate to do so.  You acknowledge that all such communications related to the service shall not be considered unsolicited.

You consent to us communicating with you by e-mail, text messages (SMS), telephone or by post in order to deal with or notify you about issues relating to Wessex Searches, your use of our Website or Wessex Searches Online Services and also to keep you up to date with news about our other online services.

15. Your Responsibilities

You are responsible for ensuring that you remain contactable via the various means for which you have provided contact details. It is your responsibility to keep your contact details up to date.

It is your responsibility to ensure that payment of invoices is made on time.

You agree that you are responsible for ensuring that your computer is secure and that you have installed an up to date version of antivirus software or malware.

You agree to use our Website responsibly.  In particular but without limitation, you will not:-

  • use our Website for any fraudulent or other illegal purpose or to interrupt or damage our services or to make them less efficient
  • do anything that affects the operability or security of the service or causes unreasonable inconvenience, or offence or disruption to us or any of our staff
  • illegally transmit, distribute or store any material or violate any applicable regulation. This includes, without limitation material which is protected by copyright, trademark, trade secret or intellectual property right which you use without permission or material or content that is in any way defamatory, offensive, or hateful
  • knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

16. Disclaimer of Warranty and Liability

We give no express or implied warranty or representation whatsoever as to the operation, availability or functionality of our Website or that they will be free of error, disruption or otherwise.

We will make every effort to process your Search Request promptly. However, delays can sometimes occur due to technical problems or matters outside of our control. If this occurs we will work to restore the service as soon as possible.

We will endeavour to maintain an active service.  However, our Website will unavoidably be taken down occasionally for essential maintenance and/or updates and we cannot guarantee uninterrupted access. We will provide notice to you regarding any significant suspension or permanent discontinuance of the service where the circumstances reasonably allow.

Commentary, contributions and other materials posted on our Website are not intended to amount to advice by us on which reliance should be placed. To the fullest extent permitted by law, we disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or any registered user of our Website, or by anyone who may be informed of any of its contents.

We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

To the extent permitted by law, we hereby expressly exclude:-

  • all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
  • any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; loss of income or revenue; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

Our total liability whether for breach of contract, tort (including negligence and breach of statutory duty) misrepresentation and/or otherwise arising under or in connection with the Services (excluding the supply of any Specialist Report Provider Search Report) The Wessex Searches Search Report shall be limited in respect of any one incident or a series of two or more connected incidents to the greater of £5,000 or where we are liable to you under the Wessex Searches Specific Terms such sum as may be specified in the Wessex Searches Specific Terms.

Our total liability whether for breach of contract, tort (including negligence and breach of statutory duty) misrepresentation and/or otherwise arising under or in connection with the supply of any Specialist Report Provider Search Report) shall be limited to such sums as we are able to recover from any such Specialist Report Provider notwithstanding any higher cap on liability contained in the Specialist Report Provider Terms and/or the Specialist Report Provider Search Report.

This Paragraph 16 does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Any claim for loss or damage caused by us which you wish to make must be notified to us in writing as soon as practicable after the loss or damage is discovered.

Except as expressly stated, nothing in these terms will reduce your statutory rights relating to the manner in which we perform this agreement.

17. Third party websites

Our Website may contain hypertext links which take you to websites that are not under our control.  When you activate any of these or click on any links, you will leave our Website.  We have no control over and will accept no responsibility for any statements, information, material, products or services that are published on or are accessible through any other websites owned or operated by third parties.

We will not accept any responsibility or liability for websites we frame and we recommend that you review the website terms and conditions that are applicable to the third party website.

The fact that we include links to other websites does not mean that we approve of or endorse any other third party website or the content of that website.

18. Force Majeure

Neither you nor we will be liable to the other for breach of contract to the extent that you or we are unable to perform our respective obligations because of something beyond your or our reasonable control.

19. Privacy

We are committed to safeguarding privacy and personal and financial information will be dealt with accordingly. We maintain strict security standards and procedures with a view to preventing unauthorised access to data by anyone, including our staff.

We use leading technologies such as (but not limited to) data encryption, firewalls and server authentication to protect the security of your data.  Whenever we hire third parties to provide support services, we will require them to observe our privacy standards and allow us to audit them for compliance.

We may pass your contact details to an external company to carry out customer satisfaction surveys and you agree to us doing this.

We process information in accordance with our Privacy Policy. By registering with our Website, you consent to such processing and you warrant that all data provided by you is accurate.

Our privacy policy can be found here

20. Changes

We reserve the right to modify, add or change these Terms and Conditions, our privacy statement and any other policies at any time and any such modifications, additions or changes will be effective immediately on being posted to our Website.  It is your responsibility to make sure that you are aware of such modifications, additions or changes and you will be deemed to have accepted them if you continue to access our Website after any modifications, additions or changes have been made.

21. Termination

We will determine, in our discretion, whether there has been a breach of these Terms and Conditions which includes (but is not limited to) your failure to pay our invoice in accordance with the provisions of these Terms and Conditions. When a breach of these Terms and Conditions has occurred, we may take such action as we deem appropriate including:-

  • closure of your account
  • suspension and/or termination of the provision of the Services
  • immediate, temporary or permanent withdrawal of your right to use our Website
  • immediate, temporary or permanent termination of your registration on our Website
  • issue of a warning to you
  • taking legal proceedings against you, including for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

To the fullest extent permitted by law, we exclude liability for actions taken in response to breaches by you of these Terms and Conditions. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

You shall be entitled to close your account and/or terminate your order for any Search Report if we are in material breach of our obligations under these Terms and Conditions.

22. Contracts (Rights of Third Parties) Act 1999

Where you are acting in the normal course of your business, your Clients are entitled to the benefit of these Wessex Searches Online Services Terms and Conditions.

Your Clients’ consent is not required to any amendment of or variation to these Terms and Conditions or to your or our rights and obligations under them.

No other person not being a party to these Terms and Conditions has any right to enforce them.

23. Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 S1 2013/314

Regulation 29 the 2013 Regulations give Consumers certain rights to cancel.

Accordingly:-

If you submit your Search Request as a Consumer you are entitled to cancel your Search Request:-

(a)          within 14 days beginning with the day on which your contract with us is entered into (“the Cancellation Period”) without giving any reason; and

(b)          in any event at any time before we start to process it.

In order to exercise your right to cancel the contract you must let us know that you wish to do so by a clear statement – for example by post, fax or email.  The model cancellation form here may be used by you to do this but it is not obligatory to use it.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the Cancellation Period has expired.

We will not start to process your Search Request or provide the Search Report within the Cancellation Period unless you have given us your express consent to do so and you acknowledge your right to cancel the contract under the 2013 Regulations is expressly waived.

Where you have waived your right to cancel the contract under the 2013 Regulations or the Cancellation Period has expired and we have started to process your Search Request you may still cancel it but we reserve the right to levy a cancellation fee.  The amount of the cancellation fee levied will depend on the amount of work carried out or committed to be carried out (for example work committed to be carried out for you by Specialist Report Provider) at the time of cancellation.

24. General

Our Website and Wessex Searches Online Services are operated and provided from within in the UK.  We make no representation that material in the Website or the Services themselves are appropriate or available for use in other locations. If you choose to access the Website or the Services from other locations you do so on your own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

Our Website has not been designed or developed for mobile use.

If any provision of these terms and conditions shall be unlawful, void or unenforceable for any reason,  that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

You may not assign, sub-licence or otherwise transfer any of your rights under these terms and conditions.

25. De-Registration

If you wish to cancel your use of Wessex Searches Online Services you should do so immediately using the ‘unsubscribe’ procedure.

26. Law and Jurisdiction

These terms and conditions shall be governed by the law of England and Wales and any disputes will be subject to the exclusive jurisdiction of the English and Welsh courts.