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STANDARD TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES
OVER THE INTERNET
1. GENERAL
1.1 These terms and conditions apply to the provision of a service ("the
Service") by UKLandsearch.com (UKLandsearch, to you ("the Customer") in
accordance with the Customer's requirements and order (the "Order") (the
"Contract").
1.2 The Contract shall be made by means of an offer by the Customer
submitted to UKLandsearch through the UKLandsearch website (having the URL
www.UKLandsearch.com) by completing the staged process set out therein
through submission of forms and following a series of hypertext links as
directed on the UKLandsearch website, which Order will be confirmed to the
Customer in writing (which includes, without limitation, electronic mail)
by UKLandsearch (the "Order Confirmation").
1.3 The Customer acknowledges that the website text, price lists, lists of
services or other sales literature published on the UKLandsearch website
constitute an invitation to treat and may not be construed by the Customer
as any offer by or binding obligation upon UKLandsearch to provide any
service to the Customer.
1.4 All quotations and offers made by UKLandsearch are given or made
subject to the availability of goods, materials and any other items
required to give effect to UKLandsearch's obligations under the Contract.
2. SUPPLY OF SERVICE
2.1 The Service shall be provided [within the United Kingdom only] in
accordance with the Order and the Order Confirmation and otherwise in
accordance with other published literature of UKLandsearch relating to the
Service from time to time, subject in all cases to these terms and
conditions.
2.2 The Order shall not be deemed to be accepted by UKLandsearch unless and
until the Order Confirmation has been issued to the Customer.
2.3 UKLandsearch's policy being one of continuous improvement, UKLandsearch
may at any time without prior notification make any changes to the Service
which are necessary to comply with any applicable safety or other statutory
requirements, or which do not materially affect the nature or quality of
the Service.
2.4 UKLandsearch may at any time correct any typographical or other errors
or omissions in any website text, brochure, promotional literature,
quotation or other document relating to the provision of the Services
without any liability to the Customer.
2.5 Any dates quoted for providing the Services are approximate only and
not guaranteed and UKLandsearch shall not be liable for any delay in
providing the Services howsoever caused.
3. PAYMENT TERMS
3.1 The price of the Services shall be UKLandsearch's quoted price or,
where no price has been quoted (or a quoted price is no longer valid), the
price listed in UKLandsearch's price list current at the date of
performance of the Service by UKLandsearch.
3.2 Unless otherwise agreed in writing, payment of the price for the
Services, and any VAT is due within 14 days of invoice.
3.3 All prices are, unless otherwise stated, exclusive of any applicable
value added tax.
3.4 UKLandsearch reserves the right, by giving notice to the Customer at
any time before providing the Services, to increase the price of the
Services from that quoted to reflect any increase in the cost to
UKLandsearch which is due to any factor beyond the control of UKLandsearch,
any change in delivery dates, quantities or specifications for the Services
requested by the Customer, or any delay caused by any instructions of the
Customer or failure of the Customer to give UKLandsearch adequate
information or instructions.
3.5 Time of payment is of the essence of the Contract between UKLandsearch
and the Customer. If the Customer fails to make payment by any relevant due
date, UKLandsearch shall be entitled to suspend or cancel the Service. The
Customer shall not be entitled to withhold or set off payments for any
reason whatsoever.
4. WARRANTIES AND LIABILITY
4.1 Subject to the conditions set out below, UKLandsearch warrants to the
Customer that the Service will be provided using reasonable care and skill
and, so far as reasonably possible, in accordance with the Order and the
Order Confirmation and at the intervals and within the times specified by
UKLandsearch.
4.2 UKLandsearch shall be under no liability in respect of any defect in
the Service arising from any information supplied by the Customer which is
incorrect, arising as a result of any fault or default of the Customer, or
arising in connection with any materials or other services which are
supplied by any third party.
4.3 Where any valid claim is made in accordance with the provisions hereof
in respect of the Service, UKLandsearch shall be entitled to re-execute the
Service (or such part of the Service in question) or, at UKLandsearch's
sole discretion, refund to the Customer the price of the Service (or the
appropriate proportion thereof), but, unless otherwise provided by law,
UKLandsearch shall have no further liability to the Customer.
4.4 Except in respect of death or personal injury caused by UKLandsearch's
negligence and except as otherwise specifically provided by law, the entire
liability of UKLandsearch under or in connection with the Contract shall
not exceed UKLandsearch's price for the Services.
4.5 Except as expressly provided for in these terms and conditions, all
warranties, conditions or other implied terms are excluded to the fullest
extent permitted by law, and UKLandsearch hereby excludes any liability for
any indirect, special or consequential loss.
4.6 The Customer warrants that any and all material provided by it, and its
use by UKLandsearch for the purpose of providing the Services, will not
infringe the copyright or other rights of any third party, and the Customer
shall indemnify UKLandsearch against any loss, damages, costs, expenses or
other claims arising from any such infringement.
5. PROPERTY RIGHTS
5.1 All intellectual property rights in any material provided to
UKLandsearch by the Customer shall belong to the Customer (or any other
third-party where relevant).
5.2 All intellectual property rights in any material provided by
UKLandsearch to the Customer shall, unless otherwise agreed in writing,
belong to UKLandsearch (or any other third-party where relevant), subject
only to the right of the Customer to use such material in connection with
the Services.
6. TERMINATION AND BREACH
6.1 If the customer:
(a) makes default in or commits any breach of its obligations to
UKLandsearch hereunder; or
(b) commits an act of bankruptcy, becomes apparently insolvent, makes an
arrangement or composition with creditors or (being a company) has a
receiver, administrator or liquidator appointed or any proceedings have
commenced relating to the insolvency or possible insolvency of the
Customer; or
(c) causes or threatens to cease to trade or if serious doubt arises as to
the Customer's solvency;
then in each case, UKLandsearch shall immediately become entitled (without
prejudice to its other claims and rights under this Contract, without the
requirement to give prior notice to the Customer and without liability to
the Customer whatsoever) to terminate the Contract.
6.2 No Order for Services by any Customer which has been accepted by
UKLandsearch in terms of the Order Confirmation may be cancelled by the
Customer except with the written agreement of UKLandsearch and on terms
that the Customer shall indemnify UKLandsearch in full against all loss
(including loss of profit), costs (including the cost of all labour and
materials used), damages, charges and expenses incurred by UKLandsearch as
a result of cancellation.
6.3 UKLandsearch shall not be deemed to have breached the terms of the
Contract or otherwise be liable to the Customer for any refund or otherwise
for any delay in performance or non-performance of any of its obligations
to the extent that such delay or non-performance is due to any
circumstances beyond the reasonable control of UKLandsearch.
7. GENERAL
7.1 The Contract constitutes the entire agreement between the parties,
supersedes any previous agreement or understanding and may not be varied
except in writing between the parties.
7.2 Any notice required or permitted to be given by either party to the
other under the Contract shall be in writing and addressed to that other
party at its registered office or principal place of business.
7.3 No waiver by UKLandsearch of any breach of the Contract by the Customer
shall be considered as a waiver of any subsequent breach of the same or any
other provision.7.3 No waiver by UKLandsearch of any breach of the Contract
by the Customer shall be considered as a waiver of any subsequent breach of
the same or any other provision.
7.4 If any provision of these terms and conditions is held by any competent
authority to be invalid or unenforceable in whole or in part, the validity
of the other provisions (and the remainder of the provision in question)
shall be unaffected.
7.5 UKLandsearch may assign the Contract with the Customer or sub-contract
the whole, or any part thereof to any other person, firm or company. Unless
otherwise agreed in writing by UKLandsearch, the Customer may not assign
either the benefit or the burden of the Contract.
7.6 Where the place of performance of the Service is in England or Wales,
then the Contract shall be governed by the law of England and the Customer
agrees to submit to the non-exclusive jurisdiction of the English courts.
7.7 Where the place of performance of the Service is in Scotland, then the
Contract shall be governed by the law of Scotland and the Customer agrees
to submit to the non-exclusive jurisdiction of the Scottish courts.
8. REFUND POLICY
8.1 We warrant that the Service will be provided using reasonable care
and skill and, so far as reasonably possible, in accordance with the Order and the Order Confirmation and at the
intervals and within the times specified by us (the "Limited Warranty").
8.2 Save as set out below, the Limited Warranty is your only warranty in respect
of the Services, and stands in place of all other warranties, conditions or other implied terms which are
excluded to the fullest extent permitted by law.
8.3 In the event that a claim arises under the Limited Warranty, we shall, at our sole discretion:
(a) re-execute the Service (or such part of the Service as is required to satisfy the Limited Warranty); or
(b) refund to you the price of the Service (or the appropriate proportion thereof),
and this shall be your sole and exclusive remedy under the Limited Warranty.
8.4 Without limiting the generality of the Limited Warranty, we specifically exclude all
warranties in respect of any defect in the Service arising from any information supplied by you which is incorrect, arises as
a result of any fault or default by you, or arises in connection with any materials, information, data or other services which
are supplied by any third party.
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