TERMS AND CONDITIONS
LAST UPDATED MAY 2017
Terms and Conditions for the use of the N-SURV website and for the supply of services advertised on the website.
N-SURV Commercial EPC and DEC Assessors is a trading name of Freeman Surveying Ltd.
USE OF WEBSITE
(a) Freeman Surveying Ltd. grants you a limited licence to access and make personal use of the website, but not to download or modify it.
(b) The website or any portion of the website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
(c) You are granted a limited, revocable and non-exclusive right to create a hyperlink to the website as long as the link does not portray Freeman Surveying Ltd. or its products in a false, misleading or otherwise offensive manner or claim any association with Freeman Surveying Ltd.
(d) You will not use any Freeman Surveying Ltd. logo or other proprietary graphic or trademark as part of the link, without our written consent.
(e) You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
(f) Freeman Surveying Ltd. reserves the right to refuse access to the website.
DATA PROTECTION ACT 1998
(a) Under the Data Protection Act we will not pass on your private information to any person or company unless required to do so by law.
(b) Your personal information will be stored by Freeman Services Ltd. for a period of 15 years from the date of issue of your Energy Performance Certificate
(a) Your personal details will be held by Freeman Surveying Ltd. in accordance with the data Protection Act (1998) and will be used only for our mailing database and for the production of an Energy Certificate as employed by you.
(c) We respect your privacy completely and all client information is treated as private and confidential, even after the client is no longer a customer.
(d) Client contact information may be used for regular emailing's and during any EPC process for monitoring the compliance and performance of any service provided by Freeman Surveying Ltd. You may unsubscribe from the mailing list at any time you choose.
(e) We will provide you with a copy of your personal information on request. These principles apply whether we hold your information on paper or in electronic formats.
(f) Our web site may contain links to other sites and organisations that may request information from you. We are not responsible for the privacy practices or content of other web sites which link to or from our site.
These terms and conditions are the terms and conditions upon which Freeman Surveying Ltd makes the website www.n-surv.com (the “website”) available to you and any services which are accessible via the website.
(a) Unless otherwise stated all prices are inclusive of expenses (including lodgement fees).
(b) Once you make a booking with Freeman Surveying Ltd. We will confirm that your order has been accepted by sending an email to you at the email address you provide either on our Contact Form, Quote Form or over the phone or text message. Our acceptance of your order brings into existence a legally binding contract between us.
(c) The price payable will be quoted over the phone or sent to you via E-mail, and may vary from the price quoted on the website.
(d) The agreed fee will be paid in full once the Site Survey has been completed and before delivery and lodgement of the final report ot certificate.
(a) All quotes are valid for 21 days and on the condition that the building description provided by you matches that of the actual building to be surveyed.
(b) Once accepted, the agreed price is valid for a further 21 days unless payment is made in full within the 21-day duration, upon which the price at time of payment does not expire.
(c) If the size and description of the building varies from the original description then we reserve the right to request additional compensation for our services prior to delivery of services.
(d) Quotes given over the phone or by email may vary from those given by the automatic price calculator on the website.
(a) We will pay 10% of the total cost of the service minus lodgement fees and travel/overnight expenses for any work directly referred that result in a paid job.
(b) We will not pay referral fees on any job that is the result of a previous referral - i.e. a perpetual commission on all future jobs from the same (or connected) client as a result of a single historical or revisited recommendation.
(c) The referrer is responsible for paying their own personal and business TAX on any referral fees paid by us.
DELIVERY AND PERFORMANCE
(a) In due course, we will send one of our personnel to the address to carry out the service.
(b) Attendance of our personnel will be made within a reasonable period of time.
(c) Time is not of the essence.
(d) Some types of service do not always require a site visit which shall be decided by the surveyor.
ENERGY/OPERATION PERFORMANCE RATING
We are unable to improve or alter the buildings Energy / Operational Performance Rating or SBEM/BRUKL score calculated from our site-visit or desk top observations unless any additional evidence is supplied before the completion of the site survey or desk top calculations. We are not obliged in a any way to resubmit or recalculate any report or certificate once we have issued, unless there is a mistake of our causing with regards to the address details of the building.
ASBESTOS MANAGEMENT SURVEYS AND SAMPLING STRATEGY
(a) Prices quoted do not include laboratory sampling unless stated.
(b) Unless laboratory Sampling (bulk analysis) is included in the scope of works, all suspected ACMs will be presumed to contain asbestos.
(c) Full Terms and Conditions regarding Asbestos Management Surveys are contained within the Asbestos Management Survey Report and are available upon request.
We require payment prior to attending site for the purpose of site survey. We will invoice you upon acceptance of quotation.
CANCELLATIONS BY US
We reserve the right to cancel the contract between us if:
(a) We have insufficient personnel to carry out your order.
(b) Our personnel do not work in your area or our personnel are on leave.
(c) Your order was listed at an incorrect price due to a typographical error.
(d) If we do cancel the contract, we will notify you by email and we will offer an alternative appointment if possible. We will not be obliged to offer any additional compensation for disappointment suffered or for any other reason.
CANCELLATIONS BY YOU
(a) Should you fail to attend our meeting at the premises or access is denied for any reason, then 50% of the full assessment fee will become payable in full and a further fee to re-visit and produce the Energy Performance Certificate will become payable.
(b)Should you be unable to attend our meeting, we require confirmation by telephone at your earliest opportunity, but within 24hrs to avoid any wasted time & travel.
(c)If a cancellation is made with less than 24hrs notice, then 50% of the full assessment fee will become payable in full.
(d)Should you fail to make full payment prior to site visit and have led us to believe that you will make payment in person on the day of the site visit and don't, then we will charge you 50% of the full assessment fee and will not carry out the site survey.
The process for recovery is as follows:
(a) We will write to you formally after 21 days to remind you to pay within 7 days.
(b) If after a further 7 days (28 in total since the service was completed) you still have not payed we will write to you again informing you that we have applied the following costs to your invoice and have begun legal proceedings to recover our funds.
(i) A minimum collection fee starting at £25 (HM Courts & Tribunals Service);
(ii) A daily rate of interest as recommended by the Small Claims Court;
(iii) Solicitors fees in line with CPR - We may at any time during this process engage the services of a Solicitor, the cost of which will be added to your debt.
(a) We are in no way liable for the grade, survey data, conclusions and recommendations awarded to your property in any certificate or report.
(b) Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation.
(c) Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law, or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
(d) We will do our utmost to ensure that availability of the website will be uninterrupted, however, this cannot be guaranteed at all time. Freeman Surveying Ltd. accepts no responsibility for any such suspensions, restrictions, interruptions or delays. We reserve the right to make changes to our website, policies and these terms and conditions at any time.
A notice under, or in connection with these terms and conditions, shall be in writing and shall be delivered personally or sent by first class post or by fax or by email, as follows: If to Freeman Services Ltd. to:
Freeman Surveying Ltd. 15 Linley Close, Newport, NP19 9JE
Marked for the attention of: Adam Freeman
By email to firstname.lastname@example.org
If to you, to: the address supplied on the order by you.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms and conditions will not be affected.
THIRD PART RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.