STANDARD TERMS of BUSINESS & CONDITIONS
MoveReports UK Ltd a company incorporated in England and Wales under company registration number 04531448 and registered for Value added Tax number 792906979. You can contact MoveReportsUK Ltd for any information or to register a complaint using firstname.lastname@example.org or 0845 094 5733.
MoveReports UK Ltd is regulated by the Property Codes Compliance Board (PCCB) as a subscriber to the Search Code. In providing search reports and services Move Reports UK will comply with the search code.
1.1 In these Conditions the following words shall have the meanings as stated:
“Charges” – our financial charges for providing the services, which will be notified to “you”, when you submit your order.
“Confirmation of order” – the point at which the agreement becomes binding on both parties when we confirm acceptance of your “Order” whether by telephone, facsimile, SMS or electronic means or when we supply you with the “Report” whichever occurs first.
“Intellectual Property Rights” – any enforceable intellectual property right including without limitation copyright, database right, trademark, patent, trade secret or design right.
“Order” – “your” request for us to provide the “Services”, which you place by completing an “Order Form” and sending it to us by facsimile, post or by electronic means or orally confirming the details of the order by telephone.
“Order Form” – our “Order Form” which may be updated from time to time or an approved alternative.
“Property” – the property address of location, the building(s) land, and all chattells for which you require a report.
“Report” – any report/document that you have asked us to deliver to you as detailed in the “Order Form” whether originated from MoveReportsUK Ltd or associated trading partners, or whether it is a “Third Party Report”.
“Required Information” – all information required to submit the “order form” to us which shall enable us to provide the “services” to you.
“Third Party Report” – any “Report” that we procure from a third party on your behalf for the purpose of providing the “service”.
“Services” – our compilation and/or delivery of reports/documents to “you”.
“Us/ we/our” – MoveReportsUK Ltd or one of our Agency partners.
“Working Day” – Mondays to Fridays except bank and public holidays.
“You/your” – the person, firm or company who instructs us to provide the “services” either on their own behalf or as an agent of another person.
“Deferred Payment” – a financial facility provided by a commercial banking house to offer the vendor an extended payment period.
3. The Services
3.1 We will not be obliged to accept any Order and we may refuse to provide the Services at any time without giving any reason. No contract for Services will come into force until the Confirmation of Order.
3.2 Each Order if accepted by us will constitute a separate and severable contract.
3.3 We will use reasonable endeavors to ensure that the information contained within any Report is accurate at the date of it’s publication. You accept, however, that information on which any Report is based may be not be freely available or genuinely unavailable and by placing the Order we have your express permission to implement specific insurance as clearly outlined within the Footnote element of the Search and again herein paragraph 8.4.
Report information itself may subject to change from the date of it’s publication and we cannot be held liable for failing to include or omit any information in the report, which becomes publicly available after the date of publication.
3.4 Upon receiving and accepting your Order we shall provide a Confirmation of Order. The placing of the Order will constitute that you have read and agree to be bound by these terms and conditions.
3.5 Any indication that we may give as to the time in which we will perform the Services will be a good faith estimate only. We will use all reasonable endeavors to deliver the Services within the timescale that we have estimated. Due to variations in availability of the information required to provide the Services, delivery of Reports may be in excess of 30 days from the point of Order. By accepting these conditions You agree that in such case that time of delivery of the Reports is not of the essence and that delivery of Reports may take place as reasonably soon as is possible after the information for the Reports shall be made available to us.
3.6 Subject to anything else contained within these Conditions, all other warranties, conditions, terms, undertakings and obligations, whether express or implied are expressly excluded.
4.1 Charges will include VAT unless expressed otherwise. And will include delivery and communication costs.
4.2 You shall be liable for payment for the Services at the notified rate prior to your Order, unless advised before the Confirmation Of Order. All other Invoices will be strictly 30 days, except for other terms agreed in writing. Late payments will be charged at our discretion at a rate of 2% monthly until all costs are recovered in full.
5. Your Obligations
5.1 You will provide us with the Required Information by way of the Order Form. You shall be responsible for information supplied by you that it is true and correct and that we can proceed to provide the Services that you have ordered.
5.2 You will notify us of any changes or inaccuracies stated in the Order Form. Amendments will be carried out but additional charges may apply for any new or revised Reports that may need procuring.
5.3 If there is any conflict between a provision of any Third party reports relating to your permitted use of the Reports and the corresponding provisions of these conditions, then these conditions will prevail.
6.1 If your order is submitted online, by post, or via telephone we shall communicate our confirmation to you through a durable medium. If you cancel your order after it has been confirmed and work begun to provide the Services any refund of monies already paid will be at be our discretion and you will be liable to pay any charges that have been reasonably incurred.
6.2 If your order is submitted in any other acceptable manner and you wish to cancel or re-schedule and order, you agree to give us written notice as soon as is reasonably practicable. If work on the Services has commenced there will be a reasonable charge depending on the progress of the Services at that point.
6.3 Where appropriate these Terms and Conditions constitute notice pursuant to the Consumer Protection (Distance Selling) regulations 2000 as amended in 2005 and the Electronic Commerce (EC Directive) Regulations 2002.
7. Intellectual Property Rights and Proprietorship.
7.1 Any and all Intellectual Property Rights arising from performance of the Services shall vest in us and remain our property. We disclaim all proprietary rights including, without limitation, intellectual Property Rights in Third Party Reports.
7.2 You will not acquire nor will you attempt to register any Intellectual Property Rights in any Reports whether on your own behalf or on behalf of any client or other third party. You further agree not to use the Reports in whole or part other than is expressly permitted by these conditions.
7.3 Title to the MoveReportsUK Ltd products which are the subject of your order shall remain the property of MoveReportsUK Ltd and shall not pass to you or any other third party until the Charges notified to you have been paid in full.
8. Limitation of Liability
8.1 MoveReportsUK Ltd has in place Professional Indemnity Insurance of £5m in respect of anyone claim in respect of its personal search work and its work in preparing, collating and providing Home Information Packs which include its personal searches. The name and address of the insurer: TOKIO MARINE HCC, 1 Aldergate, London, EC3N 1RE.
8.2 Information supplied by third parties such as, but not limited to, Local Authorities, Coal Authority, Water Companies, HM land Registry and Domestic Energy Assessors. Not all of the third parties information may have been commissioned by MoveReportsUK Ltd. These third parties are required by their regulatory bodies to have appropriate Professional Indemnity Insurance or covered by statutory compensation arrangements. MoveReportsUK Ltd will of course assist you should you need to pursue any supplier of information for defects in their reports.
8.3 We cannot accept liability for any negligent or incorrect entry in the registers or database in which we search.
8.4. For regulated local searches, we will supply unique indemnity insurance, at no additional cost to you, which will cover any liability arising from unanswered questions in the search up to the value of the property which is subject to the report, limited to a maximum of £2m for any one claim. This insurance cover is provided under Stewart Title Ltd, 6 Henrietta Street, 3rd Floor, Covent Garden, London, WC2E 8PS. The policy is attached to the local search with the Key Facts statement.
8.5 We cannot accept any responsibility for any inaccuracy or error in the Report that is based on incomplete or inaccurate information supplied by you either in written, electronic or oral formats.
8.6 Subject to any other provisions in these Conditions, we will not be liable to you for any loss, damages, costs or expenses caused directly or indirectly by a delay in Delivery (even if caused by negligence).
8.7 We will not be liable for any loss of actual or anticipated profits or savings, loss of business, loss of opportunity or for any special, indirect or consequential loss whether arising from a breach of the Conditions or negligence in performing the Services even if we were advised of or knew of the likelihood of such loss occurring.
8.8 We will use all reasonable care and skill when compiling our search reports; in respect of personal local authority searches, we will be liable for direct loss or damage (excluding indirect or consequential loss) suffered as a result of our errors or omissions in recording or interpreting the local authority records not exceeding £2,000,000 arising out of any single claim or events. The Local Authority will be liable for any negligent, incorrect or omitted entry in their records or databases.
8.9 We confirm that we may also maintain insurance run-off cover which is incorporated in the professional indemnity insurance cover referred to in paragraph 8.1 above to ensure that insurance cover will remain in effect in the event that we cease trading.
9. Force Majeure
9.1 We will not be liable for any failure to perform the Services due to an event beyond our reasonable control. If our performance of the Services is delayed due to an event beyond our reasonable control, we will notify you immediately.
10.1 You may not assign, charge or transfer any of your obligations under the Conditions without our prior written consent.
10.2 We may assign and/or sub-contract any contract for Services at any time.
11.1 These Conditions constitute the entire agreement between you and us in respect of the Services and supersede any earlier arrangements, understandings, promises, or agreements made between the parties in respect of the Services.
11.2 You acknowledge that in instructing us to provide the Services, you do not do so on the basis of any representation, warranty or provision not expressly contained within these Conditions.
11.3 If at any time, any one or more of these Conditions are held to be unenforceable, illegal or otherwise invalid in any respect, such enforceability, illegality or invalidity shall not affect the remaining Condition, which shall remain in full force and effect.
11.4 Any failure by us to enforce a breach of the Conditions by you will not be deemed to be a waiver of any subsequent breach of these Conditions that you may make.
11.5 Nothing in these Conditions shall be deemed to create or be deemed to create a partnership or joint venture between us and you or the relationship of principal and agent or employer and employee.
11.6 These Conditions will be governed exclusively by English law. You and we agree to submit exclusively to the jurisdiction of the English courts.
11.7 You and we agree that no third party will be afforded any rights under these Conditions to any parties data unless permission is granted by those parties involved.
11.8 Your client means the seller, buyer, potential buyer and a lender in respect of the property who is the intended recipient of the report and has an actual or potential interest in the property, and/or the individual or organisation to whom you provide professional services as an agent and/or your professional advisors, where applicable.
Independent Dispute Resolution.
If you make a complaint and we are unable to resolve it to your satisfaction you may refer the complaint to The Property Ombudsman scheme (website www.tpos.co.uk email email@example.com). We will co-operate with the Ombudsman during an investigation and comply with his final decision.
12. Provision of CLS Insurance Products
12.1 Move Reports UK Ltd is an Appointed Representative of CLS Property Insight Limited (hereinafter referred to as ‘CLS’) which is authorised and regulated by the Financial Conduct Authority. You will not receive advice or a personal recommendation from us. We will ask sufficient questions to establish your demands and needs. Any quotation we give you will be consistent with those demands and needs. You will then need to decide how to proceed and whether you consider if the product is suitable for you.
We do not guarantee the solvency of any insurer we place business with.
12.2 Payment of CLS insurance products:
12.2.1 If sums on your account are not paid within 14 days of the date of invoice issue, CLS will be entitled, at its sole discretion, to cancel Products ordered.
12.2.2 Where Insurance Products are cancelled due to non-payment, CLS will notify the insured of the cancellation directly.
12.2.3 Any insurance premiums received by Move Reports from you will be held as an agent of the insurer by reason of risk transfer. If you pay a premium to Move Reports it will be treated as being received by the insurer(s). It also means that if the insurer(s) pay(s) claims money or returns premiums to Move Reports which Move Reports fail to forward to you, the insurer(s) will still be liable to you.
12.2.4 For Insurance Products, CLS acts as agent for the insurer with whom the risk is placed and receives a percentage commission from the insurer taken from the premium against gross written premium and may receive a profit share from some insurers. Insurers which CLS may place business with can be viewed on CLS’ capacity page https://clsl.co.uk/about-us#
12.2.5 For Insurance Products, Move Reports acts as an intermediary and an Approved Representative for the insurer with whom the risk is placed and receives a percentage commission from the insurer taken from the premium.
12.3 Warranties and Limitation of CLS’ Liability
12.3.1 You acknowledge and agree that:
12.3.2 In order to purchase any Insurance Products or Bonds, You are authorised by the Financial Conduct Authority, an appointed representative (‘AR’) of an authorised firm or are registered as an Exempt Professional Firm (EPF)
12.3.3 You will observe and comply with all applicable laws and regulations
12.3.4 You, Move Reports and CLS shall each pay due regard to, and co-operate in respect of the observance of any applicable financial crime and international economic, financial or trade sanctions laws and regulations which bind any party.
12.3.5 No party shall take any action which facilitates the evasion of taxes anywhere in the world or which is contrary to any related financial crime laws and regulations (including without prejudice to the generality of the foregoing Criminal Finances Act 2017)
12.3.6 No party shall be involved in the offering, promising or giving of any financial or other advantage to any person in breach of any laws and regulations against bribery (including without prejudice to the generality of the foregoing Bribery Act 2010)
12.3.7 The parties shall insofar as required to do so, and whether or not any Party is an associated person of another for the purposes of the Bribery Act 2010, the Criminal Finances Act 2017 or any other relevant laws and regulations, maintain on an ongoing basis appropriate systems, procedures and controls designed to prevent any breach or paragraphs 12.3.3 to 12.3.6 above.
Move Reports is registered with the Property Codes Compliance Board as a subscriber to the Search Code. A key commitment under the Code is that firms will handle any complaints both speedily and fairly. If you want to make a complaint, we will:
• Acknowledge it within 5 working days of receipt.
• Normally deal with it fully and provide a final response, in writing, within 20 working days of receipt.
• Keep you informed by letter, telephone or e-mail, as you prefer if we need more time.
• Provide a final response, in writing, at the latest within 40 working days of receipt.
• Liaise, at your request, with anyone acting formally on your behalf.
If you are not satisfied with our final response, or if we exceed the response timescales, you may refer the complaint to The Property Ombudsman scheme (TPOs): Tel: 01722 333306, https://www.tpos.co.uk/ email: firstname.lastname@example.org.
We will co-operate fully with the Ombudsman during an investigation and comply with his final decision.
If your complaint is in relation to CLS’ insurance products or Bonds, you may refer your complaint to The
Financial Ombudsman Service, Exchange Tower, Harbour Exchange Square, London, E14 9SR
(Tel: 0800 023 4567 or online at www.financial-ombudsman.org.uk)
Complaints should be sent to:
Move Reports UK Ltd, Hilton Hall, Hilton Lane, Essington WV11 2BQ.
Tel: 0845 0945733
If you have a query or complaint about your search, you should raise it directly with the search firm, and if appropriate ask for any complaint to be considered under their formal internal complaints procedure. If you remain dissatisfied with the firm’s final response, after your complaint has been formally considered, or if the firm has exceeded the response timescales, you may refer your complaint for consideration under The Property
Ombudsman scheme (TPOs). The Ombudsman can award compensation of up to £5,000 to you if he finds that you have suffered actual financial loss and/or aggravation, distress or inconvenience as a result of your search provider failing to keep to the Code. Please note that all queries or complaints regarding your search should be directed to your search provider in the first instance, not TPOs or to the PCCB TPOs Contact Details: The Property Ombudsman scheme, Milford House, 43-55 Milford Street, Salisbury, Wiltshire, SP1 2BP
Tel: 01722 333306
Fax: 01722 332296
If your complaint relates to CLS’ Insurance Products or Bonds, you may refer your complaint to the Financial Ombudsman Service (FOS), Exchange Tower, Harbour Exchange Square, London, E14 9SR
Tel: 0800 023 4567 or online at www.financial-ombudsman.org.uk
We will co-operate fully with the Ombudsman during an investigation and comply with his decision.
SEARCH CODE: IMPORTANT CONSUMER PROTECTION INFORMATION
This search has been produced by Move Reports UK Ltd, Hilton Hall, Hilton Lane, Essington, WV11 2BQ, Tel: 0845 094 5733, Email: email@example.com, which is registered with the Property Codes Compliance Board (PCCB) as a subscriber to the Search Code. The PCCB independently monitors how registered search firms maintain compliance with the Code.
The Search Code:
- provides protection for homebuyers, sellers, estate agents, conveyancers and mortgage lenders who rely on the information included in property search reports undertaken by subscribers on residential and commercial property within the United Kingdom
- sets out minimum standards which firms compiling and selling search reports have to meet
- promotes the best practice and quality standards within the industry for the benefit of consumers and property professionals
- enables consumers and property professionals to have confidence in firms which subscribe to the code, their products and services.
By giving you this information, the search firm is confirming that they keep to the principles of the Code. This provides important protection for you.
The Code’s core principles
Firms which subscribe to the Search Code will:
- display the Search Code logo prominently on their search reports
- act with integrity and carry out work with due skill, care and diligence
- at all times maintain adequate and appropriate insurance to protect consumers
- conduct business in an honest, fair and professional manner
- handle complaints speedily and fairly
- ensure that products and services comply with industry registration rules and standards and relevant laws
- monitor their compliance with the Code
If you have a query or complaint about your search, you should raise it directly with the search firm, and if appropriate ask for any complaint to be considered under their formal internal complaints procedure. If you remain dissatisfied with the firm’s final response after your complaint has been formally considered, or if the firm has exceeded the response timescales, you may refer your complaint for consideration under The Property Ombudsman scheme (TPOs). The Ombudsman can award up to £5,000 to you if the Ombudsman finds that you have suffered actual financial loss and/or aggravation, distress or inconvenience as a result of your search provider failing to keep to the Code.
Please note that all queries or complaints regarding your search should be directed to your search provider in the first instance, not to TPOs or to the PCCB.
TPOs Contact Details:
The Property Ombudsman Scheme, Milford House, 43-55 Milford Street, Salisbury, Wiltshire SP1 2BP
Tel: 01722 333306
Fax: 01722 332296
Web site: www.tpos.co.uk
You can get more information about the PCCB from www.propertycodes.org.uk.
PLEASE ASK YOUR SEARCH PROVIDER IF YOU WOULD LIKE A COPY OF THE SEARCH CODE