These terms of business (“Terms”) are between Sure Snag 360 Surveys whose office address is at 1 Westbury Farm Close, Great Offley, Hitchin, Herts SG5 3FL (“Suresnag”, “We”, “Us”) and the client named in the Booking Form (“You”) and cover the provision of the new build house snagging services by Us to You as further detail in the Booking Form.
Definitions – the following definitions and rules of interpretation apply to these Terms.
Booking Form means the form setting out Your details, the Charges due and the scope of the Services.
Charges means the fees payable by You to Us for provision of the Services as set out in the Booking Form.
Report means the document that We will provide to You after completion of the Services setting out detail of the defects and issues we have identified with your property.
Services means the new build house snagging services to be provided by Us to You as set out in the Booking Form and including the Report.
- Commencement and Duration
1.1 These are the Terms that will apply to the Services provided by us and by making a booking with us you confirm your acceptance of them.
1.2 We will provide the Services to You in accordance with these Terms and the associated Booking Form.
- Our Responsibilities
2.1 We will provide the Services with due skill, care and attention using appropriately qualified individuals in accordance with these Terms in all material respects.
2.2 We will use reasonable endeavours to meet any agreed dates for provision of the Services but time shall not be of the essence of these Terms.
2.3 We will use reasonable endeavours to observe all health, safety and security requirements that apply to Your property and that have been communicated to Us, provided that We shall not be liable under these Terms if, as a result of such observation, We are in breach of any of our obligations under these Terms.
- Your Responsibilities
3.1 You will: 1) co-operate with Us in all matters relating to the Services; 2) provide to Us in a timely manner all information reasonably required by Us in connection with the Services and ensure that they are accurate and complete; 3) inform us of any health, safety and security requirements that apply to Your property; 4) obtain all necessary consents required to enable us to provide the Services; 5) provide us with access to Your property on the agreed date and at the agreed time; 6) ensure that Your property is fully finished, cleaned and in a “ready to move in” state on the date agreed for the provision of the Services by us.
3.2 If our performance of our obligations under these Terms is prevented or delayed by Your act or omission then, without prejudice to any other right or remedy we may have, We shall be allowed a reasonable extension of time to perform our obligations.
3.3 Please note if: 1) We are unable to gain access to your property on the agreed date and at the agreed time; or 2) Your property is unfinished you will still be liable to pay the Charges due for the Services in full unless you have provided us with notice of cancellation at least forty eight (48) hours before the Services are to be provided.
- Charges and Payment
4.1 In consideration of the provision of the Services by Us You will pay the Charges.
4.2 The Charges exclude expenses which will be agreed with you in advance and detailed in the Booking Form where relevant.
4.3 You should pay the deposit at the time of making Your booking with us. We will invoice You for the balance of the Charges due before provision of the Services.
4.4 You will pay the invoice submitted to You at least two (2) days before the agreed date for provision of the Services.
4.5 Without prejudice to any other right or remedy we may have, if You fail to pay Us any sum due under these Terms we may: 1) charge you interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgement. Interest under this Clause 4.5 shall accrue daily at 4% a year above the Bank of England’s base rate from time to time, but at 4% per year for any period when that base rate is below 0%; 2) suspend all or part of the Services until payment has been made in full.
4.6 All sums payable to Us under these Terms are inclusive of VAT.
- Intellectual Property Rights
5.1 We, or our third party providers, as appropriate, will retain ownership of all intellectual property rights in the Reports, excluding the intellectual property rights in Your property specific detail and imagery.
5.2 Upon receipt of payment in full of the Charges We grant you or shall procure the grant to you of a licence to copy and use the Report for the purpose of receiving the benefit of the Service.
5.3 We warrant that the receipt and use by You of the Service shall not infringe the rights, including any Intellectual Property Rights, of any third party.
- Confidentiality
6.1 Each of us undertakes that we shall not during the term of these Term and for a period of two years following their termination or expiry disclose to any third party any confidential information concerning the business, affairs, customers, clients or suppliers of the other party.
6.2 Each of us may disclose the other party’s confidential information to: 1) its representatives, contractors or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with these Terms; 2) as may be required by law, a court of competent jurisdiction or any governmental or regulatory body.
6.3 No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with these Terms.
- Limitation of Liability
7.1 References to liability in this clause 7 include every kind of liability arising under or in connection with these Terms including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
7.2 Nothing in this clause 7 shall limit Your payment obligations under these Terms or any liability which cannot be legally limited or excluded.
7.3 Our total liability to You shall be limited as follows: 1) for damage to property caused by our negligence or that of our employees or agents in connection with these Terms shall not exceed three hundred thousand pounds (£300,000) for any one event or series of connected events; 2) for all other loss or damage arising in connection with the performance of the Services and these Terms shall not exceed the total Charges paid or payable by you for the Services for any one event or series of connected events.
7.5 We shall not be liable to you for indirect or consequential loss or loss of anticipated savings.
- Personal Data
8.1 We will process Your personal data in accordance with the terms and conditions set out in our Privacy Notice.
- General
9.1 On termination or expiry of these Terms the following clauses shall continue in force: 4, 5, 6, 7 and 9.
9.1 Termination or expiry of these Terms shall not affect any rights, remedies, obligations or liability of the parties that have accrued up to the date of termination or expiry.
9.2 We shall not be in breach of these Terms or otherwise liable for any failure or delay in the performance of Our obligations to You arising as a result of any circumstance not within our reasonable control.
9.3 No variation to these Terms shall be effective unless it is in writing and signed by the parties.
9.4 A waiver of any right or remedy under these Terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
9.5 If any provision of these Terms is found by any court of administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable and legal.
9.6 The parties to these Terms do not intend that any of its terms will bind or be enforceable by any person other than the parties.
9.7 These Terms together with an accepted Booking Form constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral, relating to its subject matter.
9.8 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
9.9 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.