Terms and Conditions.

Homeadvance Limited (Company number 13392988) is engaged by the Customer to produce a pack of property specific information relating to the Customer’s residential property in respect of its potential sale (the Pack) and Homeadvance Limited will do so in accordance with the provisions of these terms and conditions of business.

Homeadvance Limited will provide these services exercising reasonable skill and care and any communications or requests for information can be made directly to Shelley Buckingham either by email shelley@homeadvance.co.uk or on 0773 369648.

1.                Interpretation

The following definitions and rules of interpretation apply in these Conditions.

1.1             In these Conditions the following words shall have the meanings as stated:

                    “Charges”: our financial charges for providing the Services in accordance with clause 3.

                    “Confirmation of Order”: the point at which the agreement becomes binding between us which is when Homeadvance Limited confirms acceptance of your “Order”.

                    “Customer”: the person or firm who purchases the Services from Homeadvance Limited.

                    “Intellectual Property Rights”: any enforceable intellectual property rights including without limitation copyright, database right, trademark, patent, trade secret or design right.

                    “Order”: The Customer's order for Services as set out in the purchase order.

                    Services: the collation of information to assist the Customer in providing a pack of property specific information “the Pack” to the Customer’s legal representative to use in connection with the sale of their property.

2.               Basis of contract

2.1             The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.

2.2             The Order shall only be accepted when Homeadvance Limited confirms acceptance of the Order at which point, and on which date the Contract shall come into existence.

3.               Supply of Services

3.1             Homeadvance Limited shall liaise with the Customer to produce and provide the Pack the purpose of which is to assist the Customer in relation to the sale of their residential property (“the Property”).  It should be noted that Homeadvance Limited are not acting or holding themselves out as acting as legal representatives and are not intending and do not offer legal advice.  Homeadvance Limited shall liaise with the Customer in relation to providing the Pack to the Customer’s legal adviser but it shall be the Customer’s sole responsibility to provide such Pack directly.

3.2             Homeadvance Limited shall liaise with the Customer in obtaining forms, searches, and other information to be included in the Pack to be provided to the Customer’s legal representatives but Homeadvance Limited are not responsible for any errors or omissions that may arise in respect of such forms, searches or other information that may have been received.

3.3             Regarding the sale of registered land Homeadvance Limited are to supply to the Customer a Land Registry title plan in order that the Customer may verify that the Property is correctly identified.  Following such verification Homeadvance Limited will request a Local Authority search in relation to the Property.  If subsequently it arises that the Property was incorrectly identified, it will be a requirement that the Customer provide any additional sums necessary to produce any further searches including (without affecting the generality of the foregoing) any additional Local Authority search.

3.4             In relation to the sale of unregistered land Homeadvance Limited will liaise with the Customer in order that an appropriate plan is provided at the Customer’s expense.  The purpose of any such plan is to obtain an appropriate Local Authority search.  If it transpires the plan does not correctly identify the full extent of the Property, the Customer shall meet any additional charges arising from the need to instigate any further searches including (without affecting the generality of the foregoing) any further Local authority search.

3.5             In the event that Homeadvance Limited identify at any stage that the Customer does not have copies of any documentation that is appropriate or necessary in relation to providing information in respect of the Law Society’s Property Information Form (and any additional Leasehold Information Form in respect of leasehold property) or in respect of any documentation arising from the result of the Local Authority search and which in the reasonable view of Homeadvance Limited will be required in relation to the potential sale of the Property (“Missing Documents”) Homeadvance Limited will notify the Customer of any  such shortfall and will endeavour to assist the Customer in obtaining any Missing Documents as appropriate and shall do so in accordance with the additional order provided that the time expended in respect of obtaining such additional documentation by Homeadvance Limited does not exceed two hours.  Any third-party costs arising in relation to the Missing Documents shall be the responsibility of the Customer and remitted to Homeadvance Limited’s Bank Account as required.  Homeadvance Limited will provide to the Customer an estimate of any third-party costs which it reasonably believes will relate to providing the Pack in advance for prior approval by the Customer.  If any third party should subsequently notify Homeadvance Limited of any additional charges not previously anticipated, then the Customer will be responsible for these and remit the same to Homeadvance Limited’s Bank Account.

3.6             Any sums due to Homeadvance Limited pursuant to the provisions of these terms and conditions shall be paid by direct bank transfer to Lloyds Bank Plc, Account Name Homeadvance Limited; Sort Code and Account No to be provided by HomeAdvance(“Bank Account”).

4.               Customer's obligations

4.1             The Customer shall:

(a)         Cooperate with Homeadvance Limited in all matters relating to the Services; and

(b)         Provide Homeadvance Limited with such information as it may reasonably require in order that it may provide the Services and ensure that such information is complete and accurate in all material respects.

4.2             If Homeadvance Limited’s performance of any of its obligations under these terms and conditions is prevented or delayed by any act or omission by the Customer or the Customer’s failure to perform any relevant obligation Homeadvance Limited shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Homeadvance’s failure or delay to perform any of its obligations under these terms and conditions.

4.3             For the avoidance of doubt Homeadvance Limited will not incur direct costs unless the sums representing such direct costs have been remitted in advance by the Customer to it.

5.               Charges and payment

5.1             The Charges for the Services shall be calculated on a time and costs basis as estimated by Homeadvance Limited in advance to the extent it is able to do so (subject to the provisions of clause 3.5 above).

5.2             All fees and expenses to be charged by Homeadvance Limited are exclusive of Value Added Tax which will be charged where applicable at the appropriate rate.

6.               Data Protection rights

The parties shall comply with any data protection obligations in relation to this Contract.

7.               Intellectual Property rights

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.

8.               General

Homeadvance Limited shall not be in breach of this Contract nor liable for delay in performing or failure to perform any of its obligations under the Contract if such delay or failure results from events circumstances or causes beyond its reasonable control.

9.               Confidentiality

(a)         Each party undertakes that it shall not at any time disclose to any party any confidential information concerning the affairs or business of the other party.

(b)         Neither party shall use the other party’s confidential information for any purpose other than to perform the obligations under this Contract.

10.             Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is agreed in writing between the parties.

11.             Governing law. This Contract, and any dispute or claim arising out of it or in connection with it shall be governed by and construed in accordance with the laws of England and Wales.

12.             Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract its subject matter or formation.