Wessex Searches General Terms and Conditions

These terms and conditions (the General Terms) set out the terms and conditions which will apply to any orders placed either through the Wessex Searches website (the Website) or when ordering by post, Xml or email.

If you register as a user of the Website and / or you place an order with Wessex Searches, you agree to be bound by these General Terms. If you do not accept these General Terms, please do not place an order.

The General Terms apply in addition to either the CON29DW Terms, the Commercial DW Terms, and / or Third Party terms as applicable, depending on the search ordered (the Report Terms). Together, the General Terms and the relevant Report Terms are referred to as the Terms.

Please read the Terms carefully, as by using the Website and our services, you agree to the Terms.

1 About us

1.1 Wessex Searches (we, us, our) is a trading name of Wessex Water Enterprises Limited, company registration number 02279151 and registered office address Operations Centre, Claverton Down Road, Claverton Down, Bath BA2 7WW. We can be emailed at contactus@wessexsearches.co.uk, by telephone on 01225 525 206.

2 About our services

2.1 We are the official producer of the CON29DW Drainage and Water enquiry and the Commercial Drainage and Water enquiry in the Wessex Water, Bristol Water and Bournemouth Water areas. Searches can be requested for residential properties (CON29DW Search) or commercial properties (Commercial DW Search).

2.2 We also offer a number of third party searches through our Website (Third Party Searches). CON29DW Searches, Commercial DW Searches and Third Party Searches are referred to together as Searches.

2.3 Searches can be ordered by any person, company, firm or legal body (a Client) either on their own behalf or through their authorised representative(s). References to you and your in the Terms are references to the person, firm or company requesting the provision of search information and reports from us.

2.4 In providing search Reports and services we comply with CoPSO’s Search Code.

3 Your account and data protection

3.1 You will need to set up an account to use our services. To do this you will need to provide us with some information, which we will treat in accordance with our Privacy Policy (available on the Website). You will have a password, which you are responsible for keeping secure.

3.2 By signing up for an account, you warrant that you have the necessary capacity, authority and consents to request Searches from us. If you are acting on behalf of a Client, you are also responsible for ensuring that you have the necessary consent for names, addresses, and other personal information to be submitted to us when you request Searches and agree that you will comply with all applicable data protection legislation (including, without limitation the Data Protection Act 2018. The Privacy and Electronic Communications (EC Directive) Regulations 2003 and General Data Protection Regulation EU 2016/679) at all times.

3.3 You acknowledge that some or all information needed to provide a Search may come from a third party (Third Party). Where this is the case, we will pass on your request (and where necessary personal data) to the relevant Third Party.

4 Use of our Website

4.1 You must not use our Website for fraudulent or illegal purposes, or in any way that would interrupt or damage the Website. In particular you must not knowingly transmit viruses, Trojan horses, worms or any other malicious code.

4.2 You are responsible for ensuring that your computer is secure and you have up-to-date antivirus protection. We accept no liability for viruses transmitted through our Website.

4.3 Our Website is intended for use in the UK and we make no guarantee that the Website will be available or appropriate for use in other locations.

4.4 We give no guarantees as to the operation, availability or functionality of the Website or that it will be error-free.

4.5 Information on our Website is not intended as advice which you should rely on.

4.6 We can change the content of our Website at any time but are under no obligation to update it.

5 Ordering services

5.1 You can order Searches through our Website by submitting an electronic search request or by post, Xml or email (a Request).

5.2 For Requests by post, xml or email you must complete our order form, including full details of the Search(es) you would like to order. You can find a copy of the order form on our Website or alternatively can request a copy by email or by telephone using the contact details in 1.1 above.

5.3 Requests by post or email should be sent to the postal or email address below:

Wessex Searches

Wessex Water Operations Centre

Claverton Down Road

Bath BA2 7WW

contactus@wessexsearches.co.uk

Fax: 01225 528 994

We cannot accept liability in the event that you order a Search by post or email and the letter or email is not received by us.

5.4 If the Search you have ordered is a Third Party Search, we will pass your Request on to the relevant search provider (each a Provider).

5.5 Third Party Searches are subject to the relevant Provider’s terms and conditions. You can view their terms on our Website before you submit a Request, and if you submit a Request you agree to their terms. We are not responsible for any Third Party Searches and accept no liability in relation to Third Party Searches or the terms on which they are provided. If there is any conflict or inconsistency between these General Terms and the Provider’s terms, the provisions of the Provider’s terms shall apply in relation to the provision of the Third Party Search.

5.6 We may choose not to accept a Request, in which case we will notify you within 48 hours.

6 Cancelling services

6.1 You are always entitled to cancel any Requests you have submitted at any time before we start to process it.

6.2 If you are a business customer, you can cancel your Request after we have started to process it, but we may charge a cancellation fee. Where a Search has been ordered, and has been fulfilled or partly fulfilled prior to cancellation, then the full price of the Search shall be payable.

6.3 If you are a consumer (and not trading as a business), you can cancel your Request within 14 days of the date of your Request. You can tell us of your decision to cancel by post or email and you can (but you don’t have to) use our cancellation form (available on the Website).

6.4 If you are a consumer, due to your cancellation rights, we won’t start to process your Request until the 14-day cancellation period is up, unless you expressly tell us to do so and acknowledge that you waive your cancellation rights. If you waive these rights, you can still cancel after we have started to process your Request, but we may charge a cancellation fee. Where a Third Party Search has been ordered, and has been fulfilled or partly fulfilled prior to cancellation, then the full price of the search shall be payable.

7 Services and standards

7.1 If we accept your Request, we will perform theSearch you have requested and will produce anelectronic report (a Report). If you have ordered aThird Party Search, and this has been accepted bythe Provider, the Provider will produce anelectronic report in response to your order (a ThirdParty Report).

7.2 We will use reasonable skill and care when weperform Searches and produce Reports.

7.3 Reports and Third Party Reports provided inresponse to your requests will be sent to thecontact details provided in your request. We willprovide Reports within a reasonable period of timeand we won’t be responsible for delays inproviding Third Party Reports.

7.4 It is your responsibility to ensure that the Searchesand Reports meet your or your Client’srequirements.

8 Accuracy of information

8.1 We will prepare Reports using the details youprovide when you submit a Request. You mustmake sure all details you submit with your Requestare accurate and complete.

9 Prices and payment

9.1 All prices for Searches are published on ourWebsite. Prices are in pounds sterling and includeVAT unless otherwise stated.

9.2 Our prices may change from time to time and ourWebsite will be updated to reflect those changes.The price you pay will be the price stated on ourWebsite at the time the Request is submitted.

9.3 Unless you have an account with us, we mustreceive payment for Searches in full before theReport is produced.

9.4 If you have an account with us, we will invoice youin arrears for Searches which may be weekly,monthly or in relation to each Search. Invoices arepayable within 30 days of the date of the invoice.You acknowledge and agree that if payment is notmade in full by the due date for payment, we mayat our discretion, and without prejudice to our rightto seek recovery of late payment through thecourts or any other appropriate means: (a) chargeyou interest on any overdue amounts at the rate of4% per annum above HSBC’s base lending ratefrom time to time, calculated from the date of theinvoice to the date actual payment is received,whether before or after judgment; and/or (b) putyour account on hold until such time as all overdue amounts (including interest due) are paid in full.

In respect of LLC1 searches we provide to you,you acknowledge and agree that these will betreated as disbursements in line with currentHMRC guidance. Should HMRC change theirguidance, we reserve the right to recover anyoutput tax due on these from you.

10 Intellectual property rights

10.1 All intellectual property rights in the Website areowned by us and/or our licensors.

10.2 You may only print out or copy any pages from ourWebsite for your own personal use. You can linkto our homepage but only if this is legal and fairand doesn’t damage our reputation or suggest anendorsement by us. You must not frame our siteon any other site or link to any part other than ourhomepage.

10.3 Except as set out in this clause, neither you noryour Client (if applicable) obtains any rights in anyintellectual or other property.

11 Limitation of liability

11.1 Nothing in the Terms limits our liability for death orpersonal injury arising from our negligence.

11.2 As far as we are allowed to do so, we exclude:

11.2.1 liability for errors, omissions and/orinconsistencies in the content of Reportsor Third Party Reports unless these aredirectly due to our negligent acts oromissions;

11.2.2 all conditions, warranties and otherimplied terms; and

11.2.3 all liability for direct, indirect orconsequential loss or damage you incurin connection with our Website; and

11.2.4 all liability for indirect or consequentialloss or damage you incur in connectionwith the Reports.

11.3 Our entire liability in respect of all causes of actionarising by reason of or in connection with aCON29DW Search Report or a Commercial DWSearch Report shall be limited as set out in therelevant Report Terms. It is your responsibility toensure that you order the correct Report in relationto the property in accordance with the ReportTerms.

11.4 All other liability which we may incur under or inconnection with the Terms shall be limited to£250,000.

11.5 Transmission of information via the internet isnever completely secure and we will not be liableto you for any loss, expense or damage you incuror suffer as a result of electronic transmission ofinformation being intercepted by unauthorisedthird parties.

12 Complaints

12.1 If you need to send us a complaint, please followour Complaints Procedure (available on theWebsite).

12.2 If you are still not satisfied with our response oraction, you can refer your complaint to TheProperty Ombudsman scheme at Milford House,43-55 Milford Street, Salisbury, Wiltshire SP1 2BPor by email to admin@tpos.co.uk.

13 Termination

13.1 If you breach the Terms, we may take anyappropriate action, including but not limited toclosing your account, suspending the provision ofour services, withdrawing your right to use theWebsite and/or taking legal proceedings againstyou.

13.2 You can close your account and terminate anyRequests if we materially breach the Terms.

13.3 You can stop using our services at any time byusing our “unsubscribe” procedure.

14 General

14.1 We reserve the right to modify, add to or changethe Terms at any time. Any changes will beeffective as soon as they are posted on ourWebsite. If you continue to use the Website youwill be deemed to have accepted the changes.

14.2 If you are acting on behalf of a Client, your Clientis entitled to the benefit of the Terms.

14.3 Our Website may contain links to third partywebsites. These websites are not under ourcontrol and we accept no responsibility for them.

14.4 You may not assign, sub-license or otherwisetransfer your rights under the Terms.

14.5 If any provision of the Terms is invalid orunenforceable, it will be taken to be removed fromthe rest of the Terms to the extent it is invalid orunenforceable.

14.6 The Terms (including, for the avoidance of doubt,both the General Terms and the Report Terms)are the only terms that apply to any Request youmake and any Report we produce and are theentire agreement between us relating to suchRequests and Reports.

14.7 The Terms and any disputes or claims inconnection with them (including non-contractualdisputes or claims) are governed by English law.Any disputes or claims (including non-contractualdisputes or claims) will be subject to the exclusivejurisdiction of the courts of England and Wales.


Version 1st March 2019