Terms and conditions

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, or contacted by telephone on 01225 526 206.

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

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

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.

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).

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. 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.

1. We are committed to safeguarding privacy and personal and financial information will be dealt with accordingly. We maintain strict security standards and procedures with a view to preventing unauthorised access to data by anyone, including our staff.

2. The information you may give us might include your name, company name, email address, phone number, financial information, addresses. The information we might collect when providing a service to you may include details about the property. We might also collect information about you from publicly available sources.

3. We may use the data you have provided in the following ways: to process requests, enquiries, to provide products and services requested by you, to carry out credit checks where appropriate, to communicate with you about services provided to you, to process payments, to make sure our records are correct and up- to-date, to analyse trends and profiles, to carry out market analysis (on a non- personal basis), for audit purposes, to carry out customer satisfaction research, to improve our products and services, to stop someone committing fraud or to help authorities investigate fraud, to help us establish or defend legal claims, to comply with law and regulations.

4. We may pass your contact details to an external company to carry out customer satisfactory surveys and you agree to us doing this.

5. We process information in accordance with our Privacy Policy available at https://www.wessexsearches.co.uk/legal/privacy-policy/.

6. If you are not satisfied with the way we have dealt with your information or your rights then please us know by contacting us by email or post. If you remain unhappy with your response, then you can ask the Information Commissioner’s Office (ICO) to look into what we have done. They can be contacted by phone or by post:

   0303 123 1113

   Information Commissioner’s Office
   
   Wycliffe House
   Water Lane
   Wilmslow
   Cheshire
   SK9 5AF

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

2. For Requests by post 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.

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

   Wessex Searches
   Operations Centre
   Claverton Down Road
   Bath
   BA2 7WW
   contactus@wessexsearches.co.uk

   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.

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. 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.

6. We may choose not to accept a Request, in which case we will notify you within two working days.

7. Where you submit a Search Request on behalf of a Client, you agree that you will comply with the Data Protection Act 2018 at all times.

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

2. If you are a business customer and you have ordered a Search Report incorrectly or you need to cancel a Search Request, you may cancel it on our Website at any time before we start to process it. Where we have started to process your Search Request you may still cancel it, but we reserve the right to levy a cancellation fee. The amount of the cancellation fee levied will depend on the amount of work carried out or committed to be carried out (for example work committed to be carried out for you by Specialist Report Provider) at the time of cancellation.

3. If you submit a Search Request as a Consumer you can cancel your Request within 14 calendar days of the date of your Request. You can request cancellation of a product through the Individual Order Portal and by telephone and email.

4. If you are a consumer, due to your cancellation rights, we won’t start to process your Request until the 14 calendar 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.

5. If you are a consumer or a business customer and you do not respond to our query within 30 working days, we reserve the right to cancel your requested Search.

1. If we accept your Request, we will perform the Search you have requested and will produce an electronic report (a Report). If you have ordered a Third Party Search, and this has been accepted by the Provider, the Provider will produce an electronic report in response to your order (a Third Party Report).

2. We will use reasonable skill and care when we perform Searches and produce Reports.

3. Reports and Third Party Reports provided in response to your requests will be sent to the contact details provided in your request. We will provide Reports within a reasonable period of time and we won’t be responsible for delays in providing Third Party Reports.

4. We do not warrant that the Services will meet your requirements. It is your responsibility to ensure that your Search Request, the Services, and the Search Report meet your requirements and (if applicable) the requirements of your Client.

5. To the fullest extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms implied by statute, common law or the law of equity.

6. If you have a query about the content of a Search Report, please contact us at: contactus@wessexsearches.co.uk.

1. We will prepare Reports using the details you provide when you submit a Request. You must make sure all details you submit with your Request are accurate and complete.

1. All prices for Searches are published on our Website. Prices are in pounds sterling and include VAT unless otherwise stated.

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

3. Unless you have an account with us, we must receive payment for Searches in full before the Report is produced.

4. If you have an account with us, we will invoice you for Searches which may be weekly, monthly or in relation to each Search. Invoices are payable within 30 days of the date of the invoice. You acknowledge and agree that if payment is not made in full by the due date for payment, we may at our discretion, and without prejudice to our right to seek recovery of late payment through the courts or any other appropriate means: (a) charge you interest on any overdue amounts at the rate of 4% per annum above HSBC’s base lending rate from time to time, calculated from the date of the invoice to the date actual payment is received, whether before or after judgment; and/or (b) put your account on hold until such time as all overdue amounts (including interest due) are paid in full.

5. In respect of LLC1 searches we provide to you, you acknowledge and agree that these will be treated as disbursements in line with current HMRC guidance. Should HMRC change their guidance, we reserve the right to recover any output tax due on these from you.

1. All intellectual property rights to any Wessex Searches materials, including trademarks, domain names and copyright in the Search Reports are owned by Wessex Searches or licensed to us by the Specialist Report Providers and/or our licensors.

2. You may only print out or copy any pages from our Website for your own personal use. You can link to our homepage but only if this is legal and fair and doesn’t damage our reputation or suggest an endorsement by us. You must not frame our site on any other site or link to any part other than our homepage. Any requests for permission to use the content in a manner otherwise than permitted by these terms should be addressed to the Digital Communications Manager, Claverton Down Road, Bath, BA2 7WW.

3. You must not alter, remove or obscure any logos and/or branding which is contained in a Search Report.

4. Except as set out in this clause, neither you nor your Client (if applicable) obtains any rights in any intellectual or other property.

5. Map Data

   1. The Ordnance Survey has set limits on rights to print out and copy Map Data. If you need further copies of the Map Data or to pass it on to others you may need to obtain and pay for a licence directly from Ordnance Survey itself.

1. Nothing in the Terms limits our liability for death or personal injury arising from our negligence.

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

   1. liability for errors, omissions and/or inconsistencies in the content of Reports or Third Party Reports unless these are directly due to our negligent acts or omissions;

   2. all conditions, warranties and other implied terms; and

   3. all liability for direct, indirect or consequential loss or damage you incur in connection with our Website; and

   4. all liability for indirect or consequential loss or damage you incur in connection with the Reports.

3. Our entire liability in respect of all causes of action arising by reason of or in connection with a CON29DW Residential Search Report or a CON29DW Commercial Search Report shall be limited as set out in the relevant Report Terms. It is your responsibility to ensure that you order the correct Report in relation to the property in accordance with the Report Terms.

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

5. Transmission of information via the internet is never completely secure and we will not be liable to you for any loss, expense or damage you incur or suffer as a result of electronic transmission of information being intercepted by unauthorised third parties.

    

 

1. If you need to send us a complaint, please follow our Complaints Procedure (available on the Website at https://www.wessexsearches.co.uk/legal/complaints). By accepting this agreement you agree that you have read and understood this Complaints Procedure.

2. By accepting this agreement you agree that you have read and understood our Abusive, Persistent or Vexatious Complaints Policy.

1. If you breach the Terms, we may take any appropriate action, including but not limited to closing your account, suspending the provision of our services, withdrawing your right to use the Website and/or taking legal proceedings against you.

2. You can close your account and terminate any Requests if we materially breach the Terms.

3. If you wish to cancel your use of the Wessex Searches Online Services you should do so by contacting us using the contact details on our website.

1. We reserve the right to modify, add to or change the Terms at any time. Any changes will be effective as soon as they are posted on our Website. If you continue to use the Website you will be deemed to have accepted the changes.

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

3. Our Website may contain links to third party websites. These websites are not under our control and we accept no responsibility for them.

4. You may not assign, sub-license or otherwise transfer your rights under the Terms.

5. If any provision of the Terms is invalid or unenforceable, it will be taken to be removed from the rest of the Terms to the extent it is invalid or unenforceable.

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 you make and any Report we produce and are the entire agreement between us relating to such Requests and Reports.

7. The Terms and any disputes or claims in connection with them (including non- contractual disputes or claims) are governed by English law. Any disputes or claims (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.

1. These terms and conditions (the CON29DW Commercial Terms) (together with our General Terms) apply to the provision of reports resulting from Commercial Drainage and Water enquiries (CON29DW Commercial Reports).

2. Please read the CON29DW Commercial Terms carefully. By ordering a CON29DW Commercial Report you agree to the General Terms and the Commercial Terms (together, the Terms).

3. If you have ordered a CON29DW Commercial Report on behalf of your Client, you are responsible for bringing the CON29DW Commercial Terms to your Client's attention.

4. Unless otherwise specified, capitalised words have the same meanings as in the General Terms.

1. We use reasonable skill and care in producing CON29DW Commercial Reports, but please note that information in a CON29DW Commercial Report can change on a regular basis. We cannot be responsible to you or to your Client for any change in information after the CON29DW Commercial Report was produced.

2. The CON29DW Commercial Report does not give details about the state or condition of the property. It should not be relied on to indicate suitability or saleability of the property.

3. The CON29DW Commercial Report provides information as to the location and connection of existing services and other information in relation to drainage and water enquiries at the time of producing the CON29DW Commercial Report. We are not liable in any circumstances in connection with the CON29DW Commercial Report if it is used for any other purpose, or relied upon for determining saleability or value, or used as a substitute for any physical investigation or inspection. Further advice and information from appropriate experts and professionals should always be obtained if you and/or your client requires.

4. The position and depth of apparatus shown on any Ordnance Survey maps attached to the CON29DW Commercial Report (Maps) are approximate and are provided as a general guide only. The exact positions and depths should be obtained by excavating trial holes carried out by appropriately skilled and experienced engineers prior to any excavation or construction works.

5. We are not liable for any error, omission and/or inconsistencies in relation to the location and depth of apparatus shown on any Maps unless these have occurred as a direct result of our negligence and we should have been aware of them.

6. We will not be liable to you or your Client for any failure, defect or non-performance of our obligations arising from any failure of or defect in any machine, processing system or transmission link or anything beyond our reasonable control or the acts or omissions of any party for whom we are not responsible.

7. If you sell a CON29DW Commercial Report to a person other than the Client (other than in the case of a bona fide legal adviser or authorised representative acting on behalf of a legal adviser recharging the cost of the Report as a disbursement), we will not be liable for any loss or damage whatsoever and you indemnify us in respect of any claim by the Client.

8. In providing you with the CON29DW Report, we will comply with the Drainage and Water Searches Network (DWSN) standards.

9. Where we provide a CON29DW Report for a Commercial Property which receives either water or drainage services from Wessex Water Services Limited , and another company ("other service provider") provides the other service, then our total liability, whether for breach of contract, tort, negligence, breach of statutory duty, misrepresentation or otherwise, arising under or in connection with the supply of the information from the other service provider is limited to such sums as we are entitled to and able to recover from the other service provider.

1. The CON29DW Commercial Report should be used for commercial property transactions where the property is not residential and/or domestic, and for the land to be developed for commercial gain.

2. CON29DW Commercial Reports may only be used in relation to the property which the Search was carried out against. The CON29DW Commercial Report you receive will be relevant to the Search that you submitted. Where the property has more than four connections, the report will be restricted to four connections.

1. CON29DW Commercial Reports are confidential and intended for your and your Client's own internal purposes or personal use. You and your Client must not use or copy any part of a CON29DW Commercial Report for any other reason.

2. All intellectual property rights in CON29DW Commercial Reports are owned by us and/or our licensors.
   Maps supplied by Ordnance Survey are protected by Crown copyright and must not be used for any purpose other than as part of a CON29DW Commercial Report.

3. The enquiries reproduced by Wessex Searches in CON29DW Commercial Reports and the CON29DW Commercial Search logo are protected by copyright by the Law Society of 113 Chancery Lane, London WC2A 1PL and must not be used for any purpose outside the context of the CON29DW Commercial Report.

4. You may:

1. make copies of the CON29DW Commercial Report (except any Maps) for your own internal purposes.

2. incorporate the CON29DW Commercial Report (other than Maps) into any written advice you provide in the normal course of your business; and

3. disclose the CON29DW Commercial Report in the normal course of your business to your Client and/or to anyone who is interested in the property to which the relevant CON29DW Commercial Report relates, and their professional advisers.

4. You and/or your Client must not change any part of any CON29DW Commercial Report, including altering, removing or obscuring any logos and/or branding in a CON29DW Commercial Report.

1. Please note in particular the provisions regarding limitation of liability in the General Terms, which apply in addition to this clause.

2. Our entire liability in respect of all causes of action arising by reason of or in connection with a CON29DW Commercial Report shall be limited to £10,000,000 (ten million pounds) per claim or for all claims arising from the same original cause or event.

1. Maps may include a disclaimer which purports to limit liability in relation to the position and depth of any apparatus. For the purposes of the CON29DW Report, such disclaimer is subject to the CON29DW Terms, and the limitation of liability set out in these terms.

1. Please see our General Terms for details of our complaint’s procedure and your remedy in the event that your complaint has not been resolved to your satisfaction.

2. If you are still not satisfied with our response or action, you can refer your complaint to The Property Ombudsman. You can obtain further information by visiting https://www.wessexsearches.co.uk/legal/complaints/. The Ombudsman can be contacted by email or post:

   
   admin@tpos.co.uk

   
   The Property Ombudsman
   Milford House
   43-55 Milford Street
   Salisbury
   Wiltshire
   SP1 2BP

   
   The Ombudsman can award compensation of up to £25,000 to you if he finds that you have suffered actual loss as a result of your search provider failing to keep to the Code.
   In addition to TPO’s redress scheme covering consumers, TPO will also provide redress to small businesses (including Charities and Trusts) and organisations, providing the customer meets the following criteria:
   - a small business (or group of companies) with an annual turnover of less than £3 million;
   - a charity with an annual income of less than £3 million;
   - a Trust with a net asset value of less than £3 million.

 

1. These terms and conditions (the CON29DW Residential Terms) (together with our General Terms) apply to the provision of reports resulting from CON29DW Residential Drainage and Water enquiries (CON29DW Residential Reports).

2. Please read the CON29DW Residential Terms carefully. By ordering a CON29DW Residential Report you agree to the General Terms and the CON29DW Residential Terms (together, the Terms).

3. If you have ordered a CON29DW Residential Report on behalf of your Client, you are responsible for bringing the CON29DW Terms to your Client's attention.

4. Unless otherwise specified, capitalised words have the same meanings as in the General Terms.

1. We use reasonable skill and care in producing CON29DW Residential Reports, but please note that information in a CON29DW Report can change on a regular basis. We cannot be responsible to you or to your Client for any change in information after the CON29DW Residential Report was produced.

2. The CON29DW Residential Report does not give details about the state or condition of the property. It should not be relied on to indicate suitability or saleability of the property.

3. The CON29DW Residential Report provides information as to the location and connection of existing services and other information in relation to drainage and water enquiries at the time of producing the CON29DW Residential Report and for the purpose of the individual domestic transaction with respect to the property to which the CON29DW Residential Report relates and should not be relied on for any other purpose. We are not liable in any circumstances in connection with the CON29DW Residential Report if it is used for any other purpose, or relied upon for determining saleability or value, or used as a substitute for any physical investigation or inspection. Further advice and information from appropriate experts and professionals should always be obtained if you and/or your client requires.

4. The position and depth of apparatus shown on any Ordnance Survey maps attached to the CON29DW Residential Report (Maps) are approximate and are provided as general guide only. The exact positions and depths should be obtained by excavating trial holes carried out by appropriately skilled and experienced engineers prior to any excavation or construction works.

5. We are not liable for any error, omission and/or inconsistencies in relation to the location and depth of apparatus shown on any Maps unless these have occurred as a direct result of our negligence and we should have been aware of them.

6. We will not be liable to you or your Client for any failure, defect or non-performance of our obligations arising from any failure of or defect in any machine, processing system or transmission link or anything beyond our reasonable control or the acts or omissions of any party for whom we are not responsible.

7. If you sell a CON29DW Residential to a person other than the Client (other than in the case of a bona fide legal advisor or authorised representative acting on behalf of a legal adviser recharging the cost of the Report as a disbursement), we will not be liable for any loss or damage whatsoever and you indemnify us in respect of any claim by the Client.

8. In providing you with the CON29DW Residential Report, we will comply with the Drainage and Water Searches Network (DWSN) standards.

    

1. The CON29DW Residential Report should be used for residential property transactions where the property is not commercial, and is not land to be developed for commercial gain.

2. CON29 Residential reports may only be used in relation to the property which the Search was carried out against. The CON29DW Residential report you receive will be relevant to the Search that you submitted.

1. CON29DW Residential Reports are confidential and intended for your and your Client's own internal purposes or personal use. You and your Client must not use or copy any part of any CON29DW Residential Report for any other reason.

2. All intellectual property rights in CON29DW Residential Reports are owned by us and/or our licensors.

3. Maps supplied by Ordnance Survey are protected by Crown copyright and must not be used for any purpose other than as part of a CON29DW Residential Report.

4. The enquiries reproduced by Wessex Searches in CON29DW Residential Reports and the CON29DW Residential Drainage & Water Search logos are protected by copyright by the Law Society of 113 Chancery Lane, London WC2A 1PL and must not be used for any purpose outside the context of the CON29DW Report.

5. You may:

   1. make copies of the CON29DW Residential Report (except any Maps) for your own internal purposes.

   2. incorporate the CON29DW Residential Report (other than Maps) into any written advice you provide in the normal course of your business; and

   3. disclose the CON29DW Residential Report in the normal course of your business to your Client and/or to anyone who is interested in the property to which the relevant CON29DW Residential Report relates, and their professional advisers.

   4. You and/or your Client must not change any part of any CON29DW Residential Report, including altering, removing or obscuring any logos and/or branding in a CON29DW Residential Report.

1. Please note in particular the provisions regarding limitation of liability in the General Terms, which apply in addition to this clause.

2. Our entire liability in respect of all causes of action arising by reason of or in connection with the CON29DW Residential Report shall be limited to the limit of indemnity provided under our professional indemnity insurance being £10m (ten million pounds) per claim or for all claims arising from the same original cause or event.

1. Maps may include a disclaimer which purports to limit liability in relation to the position and depth of any apparatus. For the purposes of the CON29DW Residential Report, such disclaimer is subject to the CON29DW Residential Terms and the limitation of liability set out in these terms.

1. Please see our General Terms for details of our complaint’s procedure and your remedy in the event that your complaint has not been resolved to your satisfaction.

2. If you are still not satisfied with our response or action, you can refer your complaint to The Property Ombudsman. You can obtain further information by visiting https://www.wessexsearches.co.uk/legal/co mplaints/ The Ombudsman can be contacted by email or post:

   admin@tpos.co.uk
   The Property Ombudsman Milford House
   43-55
   Milford Street Salisbury
   Wiltshire SP1 2BP

   The Ombudsman can award compensation of up to £25,000 to you if he finds that you have suffered actual loss as a result of your search provider failing to keep to the Code.

In these Terms and Conditions, ‘we’, ‘our’ and ‘us’ refer to Wessex Searches and ’you’ and ‘your’ refer to the person, firm or company requesting the provision of property-related search information and reports from us. By using our Website to access any of the services provided by us you agree to accept and abide by the terms and conditions set out below. These terms and conditions, as updated from time to time, apply to the provision of Wessex Searches Online Services and set out the terms on which you may request and receive property-related search information and reports from our Website. These terms and conditions do not supersede or affect any of our standard or other terms and conditions. Before proceeding please read these terms and conditions carefully. By registering your details on our Website, you indicate that you accept these terms and conditions and that you agree to be bound by them. If you find yourself unable to agree to them in full you should not complete the registration process, and, if you are already using the service you should stop and de-register using the procedure set out in Paragraph 25.

Wessex Searches is a trading name of Wessex Water Enterprises Limited. Wessex Searches is the official provider of CON29 DW (Drainage and Water) searches in the Wessex Water, Bristol Water and Bournemouth and West Hampshire Water areas as well as being a provider of other property-related search information. Wessex Water Enterprises Limited (company registration number 02279151) is a company registered in England and Wales having its registered office at The Operations Centre, Claverton Down Road, Claverton Down, Bath BA2 7WW.

In order to register you must have a valid e-mail account and provide us with the accurate and currently valid address of that account. You have an obligation to keep your password secure. You must protect your password for accessing our Website. We recommend that you do not share your password information with anyone. You are responsible for the continued accuracy and validity of the e-mail address that you supply. If that e-mail account becomes invalid or you wish Search Reports to be sent to a different e-mail account it will be your responsibility to update your contact details online. You will be fully liable for any invoices for which a notification has been sent to your e-mail address. If the notification is not received in your inbox because it has been bounced by your firewall or spam filter or your e-mail address has been closed or is otherwise not operational, to prove that we sent a notification to you it shall be sufficient for us to show that it was dispatched by e-mail to the correct e-mail address (as last notified by you to us). We accept no responsibility or liability in the event that your password is used by anyone else to access your account or correspondence is read by anyone else. If you have reason to believe that anyone else knows your password, you should change it immediately. Please tick/check the button marked “I accept the terms and conditions” on our Website if you accept these terms and conditions. If you do not agree to these terms and conditions, you will not be able to register your details on our Website and place an order for Services. By registering your details on our Website, you warrant to us that you have the necessary authority to enter into a contract for the purchase of Services and that if you are an individual you are at least 18 years old and that you are otherwise legally capable of entering into binding contracts with us.

In order to register you must have a valid e-mail account and provide us with the accurate and currently valid address of that account. You have an obligation to keep your password secure. You must protect your password for accessing our Website. We recommend that you do not share your password information with anyone. You are responsible for the continued accuracy and validity of the e-mail address that you supply. If that e-mail account becomes invalid or you wish Search Reports to be sent to a different e-mail account it will be your responsibility to update your contact details online. You will be fully liable for any invoices for which a notification has been sent to your e-mail address. If the notification is not received in your inbox because it has been bounced by your firewall or spam filter or your e-mail address has been closed or is otherwise not operational, to prove that we sent a notification to you it shall be sufficient for us to show that it was dispatched by e-mail to the correct e-mail address (as last notified by you to us). We accept no responsibility or liability in the event that your password is used by anyone else to access your account or correspondence is read by anyone else. If you have reason to believe that anyone else knows your password, you should change it immediately. Please tick/check the button marked “I accept the terms and conditions” on our Website if you accept these terms and conditions. If you do not agree to these terms and conditions, you will not be able to register your details on our Website and place an order for Services. By registering your details on our Website, you warrant to us that you have the necessary authority to enter into a contract for the purchase of Services and that if you are an individual you are at least 18 years old and that you are otherwise legally capable of entering into binding contracts with us.

Submission by you of a Search Request on our Website constitutes an offer by you to purchase Services from us. You acknowledge that some or all of the information needed to answer your Search Request may need to come from a Specialist Report Provider or Specialist Report Providers. Where this is the case, we will pass on your Search Request to the relevant Specialist Report Provider or Specialist Report Providers as the case may be. We provide Services on the basis of these Terms and Conditions and the Wessex Searches Specific Terms and/or where applicable, the Specialist Report Provider Terms. We may choose whether to accept your Search Request. We will confirm acceptance of your Search Request through our Website. Where you are a business customer and you have ordered a Search Report incorrectly or you need to cancel a Search Request, you may cancel it on our Website at any time before we start to process it. Where we have started to process your Search Request you may still cancel it but we reserve the right to levy a cancellation fee. The amount of the cancellation fee levied will depend on the amount of work carried out or committed to be carried out (for example work committed to be carried out for you by Specialist Report Provider) at the time of cancellation. Where you submit a Search Request on behalf of a Client, you agree that you will comply with the Data Protection Law at all times. You are responsible for procuring that your Clients’ consent to their names, addresses and other personal information being submitted to our Website. Where an individual Client does not give such consent, you may not submit a Search Request using that Client’s personal information. If you submit your Search Request as a Consumer the cancellation provisions at Paragraph 23 to these Terms and Conditions are applicable and we will not process your order for 14 days unless you have confirmed that you waive your right to cancel this contract at the time you place your order. Your attention is specifically directed to Paragraph 23.

Where your Search Request is for a Wessex Searches Search Report, it will be subject to the Wessex Water Specific Terms and you agree to be bound by those terms. The Wessex Water Specific Terms are available on our Website for you to view before you place an order. Wessex Water Specific Terms will be supplied to you with the Wessex Searches Search Report.

Where your Search Request is for a Specialist Report Provider Search Report, we will submit that Search Request to the Specialist Report Provider as soon as reasonably practicable. Where your Search Request is for, or includes a request for a Specialist Report Provider Search Report, it will be subject to the Specialist Report Party Provider Terms imposed by the Specialist Report Provider and you agree to be bound by those terms. These Specialist Report Provider Terms are available on our Website for you to view before you place an order. If there is any conflict or inconsistency between the provisions of these Terms and Conditions and the Specialist Report Provider Terms, the provisions of the Specialist Report Provider Terms shall prevail in relation to the supply of the Specialist Report Provider Search Report. You agree only to use a Specialist Report Provider Search Report for the purpose for which it is supplied in accordance with the Specialist Report Provider Terms. Your attention is drawn to Paragraph 9 in relation to our liability in relation to Specialist Report Provider Search Reports.

We will comply with all laws and regulations applicable to the provision of the Services. Where we accept your Search Request: we will provide the Services with reasonable skill and care we will send the Search Reports to the email address you have provided in your Search Request, unless an alternative delivery method has been specified; and we will use reasonable endeavours to provide the Search Report within ten Working Days provided that where this is not possible (for example where a site survey is necessary to complete a Search Report or where there is a delay in the provision to us of a Specialist Report Provider Search Report) we will notify you. We do not warrant that the Services will meet your requirements. It is your responsibility to ensure that your Search Request, the Services, and the Search Report meet your requirements and (if applicable) the requirements of your Client. To the fullest extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms implied by statute, common law or the law of equity. If you have a query about the content of a Search Report, please contact us at: contactus@wessexsearches.co.uk

We are not responsible for checking, examining or evaluating the content of a Specialist Report Provider Search Report and we do not carry out such checks, examinations or evaluations. To the fullest extent permitted by law, we do not accept liability for errors and inconsistencies in information contained in Specialist Report Provider Search Reports. To the fullest extent permitted by law, we do not accept liability for errors, omissions and/or inconsistencies in the content of Search Reports unless due directly to our wrongful or negligent acts or omissions. You acknowledge that you have not as the case may be either submitted or omitted to submit a Search Request for a Specialist Report Provider Search Report in reliance on any statement, opinion, commentary, representation, guarantee or warranty contained or posted on our Website and/or given by us. You acknowledge that Specialist Report Provider Search Reports may contain disclaimers and cautions in respect of the accuracy and completeness of the information provided in a Specialist Report Provider Search Report or the extent to which it can be relied on. We do not warrant that Specialist Report Provider Search Reports will be fit for any particular purpose or that a Specialist Report Provider Search Report and/or any other information provided by a Specialist Report Provider is complete, accurate or of satisfactory quality.

We will publish our prices on our Website. Prices are in pounds sterling and include VAT unless otherwise specified. In some cases, our charges may be subject to amendment to take account of property specific factors including, for example, plot size and multiple occupancy which may affect charges for Specialist Report Provider Search Reports. Where this applies, we will ask you to confirm whether or not you wish us to continue with the Search Request at the amended price. Prices are liable to change at any time. We will not give prior notice of any adjustment to our prices, but no adjustment will be retrospective and changes will not affect orders which have been accepted prior to the change. Unless otherwise agreed by us, you will receive a weekly invoice for Search Requests completed in the previous week. Where you wish to discuss with us a different invoice frequency - e.g. Search Report by Search Report invoicing or monthly invoicing you should contact the Wessex Searches team at: contactus@wessexsearches.co.uk Payment for Search Reports is due 30 days from date of invoice.

We grant you a non-exclusive and non-transferable licence: to use our Website for the purpose of registering for Wessex Searches Online Services, making Search Requests and receiving Search Reports to make copies of the Search Reports (except the Map Data) for your own internal purposes to incorporate the Search Reports (other than the Map Data) into any written advice you provide in the normal course of your business; and to disclose the Search Reports in the normal course of your business to:- your Client anyone who is acquiring or considering acquiring an interest in or charge over the property to which the Search Report relates to the professional advisers of those referred to in (ii) above All intellectual property rights, including trademarks, domain names and copyright in the Search Reports are owned by us or licensed to us by the Specialist Report Providers and/or our licensors. All intellectual property rights, including trademarks, domain names and copyright in the form and content of our Website (together with the website design, text and graphics and the arrangement of them) are owned by or licensed to us. All such rights are reserved. The name and logo of Wessex Water is a UK registered trademark. The names Wessex Water Enterprises Limited, Wessex Searches, our logos or other proprietary rights and the logos or other proprietary rights of the Specialist Report Providers must not be used in any way without our prior written approval or the prior written approval of the relevant Specialist Party Provider. Nothing in these Terms and Conditions and/or our Website constitutes a licence to use any such rights in any way except as expressly permitted herein. You must not alter, remove or obscure any logos and/or branding which is contained in a Search Report. Reproduction of any page(s) from our Website is limited to the downloading to a local hard disk for your personal, non-commercial use. The content of our Website may not be copied or otherwise incorporated into or stored in any other website, electronic retrieval system, publication or other work in any form without our prior written consent or in accordance with the Copyright, Designs and Patents Act 1998 as amended. If you download or print copies of the content you must retain any copyright or other intellectual property notices in the original. Any requests for permission to use the content in a manner otherwise than permitted by these terms should be addressed to the Digital Communications Manager, Wessex Water, Claverton Down Road, Claverton Down, Bath BA2 7WW. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with any content standards set out in these terms. If you wish to make any use of material on our site other than that set out above, please address your request to the Digital Communications Manager, Wessex Water, Claverton Down Road, Claverton Down, Bath BA2 7WW.

The Ordnance Survey has set limits on rights to print out and copy Map Data. If you need further copies of the Map Data or to pass it on to others you may need to obtain and pay for a licence directly from Ordnance Survey itself.

You acknowledge that electronic communication is unavoidably insecure in limited circumstances. By using our Website, you accept the risk of electronic communication between us and you being intercepted by unauthorised third parties. If so intercepted and, in the case of e-mail sent by us, provided we have addressed it to your e-mail address as notified to us, we will not be considered to be in breach of confidence or in breach of any other duty or other legal requirement. We shall not be liable to you for any loss, expense or damage incurred or suffered by you in connection with such interception unless due to our deliberate fault or negligence.

We will generally use e-mail as the primary means of contact with you, but may also contact you via other means if it is appropriate to do so. You acknowledge that all such communications related to the service shall not be considered unsolicited. You consent to us communicating with you by e-mail, text messages (SMS), telephone or by post in order to deal with or notify you about issues relating to Wessex Searches, your use of our Website or Wessex Searches Online Services and also to keep you up to date with news about our other online services.

We will update this privacy notice from time to time to keep you informed of any changes to the ways in which we use your personal data. Any changes we may make to our privacy notice in the future will be posted on our site and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to our privacy notice.

If you’re not happy and have issues with the way we’ve dealt with your information or your rights then please let us know by contacting us as below. If you remain unhappy with our response then you can ask the Information Commissioner’s Office (ICO) to look into what we’ve done. They can be reached at ico.org.uk, by phone on 0303 123 1113 or by writing to the ICO, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Our Website may contain hypertext links which take you to websites that are not under our control. When you activate any of these or click on any links, you will leave our Website. We have no control over and will accept no responsibility for any statements, information, material, products or services that are published on or are accessible through any other websites owned or operated by third parties. We will not accept any responsibility or liability for websites we frame and we recommend that you review the website terms and conditions that are applicable to the third party website. The fact that we include links to other websites does not mean that we approve of or endorse any other third party website or the content of that website.

Neither you nor we will be liable to the other for breach of contract to the extent that you or we are unable to perform our respective obligations because of something beyond your or our reasonable control.

We are committed to safeguarding privacy and personal and financial information will be dealt with accordingly. We maintain strict security standards and procedures with a view to preventing unauthorised access to data by anyone, including our staff. We use leading technologies such as (but not limited to) data encryption, firewalls and server authentication to protect the security of your data. Whenever we hire third parties to provide support services, we will require them to observe our privacy standards and allow us to audit them for compliance. We may pass your contact details to an external company to carry out customer satisfaction surveys and you agree to us doing this. We process information in accordance with our Privacy Policy. By registering with our Website, you consent to such processing and you warrant that all data provided by you is accurate. Read our privacy policy.

We reserve the right to modify, add or change these Terms and Conditions, our privacy statement and any other policies at any time and any such modifications, additions or changes will be effective immediately on being posted to our Website. It is your responsibility to make sure that you are aware of such modifications, additions or changes and you will be deemed to have accepted them if you continue to access our Website after any modifications, additions or changes have been made.

We will determine, in our discretion, whether there has been a breach of these Terms and Conditions which includes (but is not limited to) your failure to pay our invoice in accordance with the provisions of these Terms and Conditions. When a breach of these Terms and Conditions has occurred, we may take such action as we deem appropriate including: closure of your account suspension and/or termination of the provision of the Services immediate, temporary or permanent withdrawal of your right to use our Website immediate, temporary or permanent termination of your registration on our Website issue of a warning to you taking legal proceedings against you, including for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law. To the fullest extent permitted by law, we exclude liability for actions taken in response to breaches by you of these Terms and Conditions. The responses described above are not limited, and we may take any other action we reasonably deem appropriate. You shall be entitled to close your account and/or terminate your order for any Search Report if we are in material breach of our obligations under these Terms and Conditions.

Where you are acting in the normal course of your business, your Clients are entitled to the benefit of these Wessex Searches Online Services Terms and Conditions. Your Clients’ consent is not required to any amendment of or variation to these Terms and Conditions or to your or our rights and obligations under them. No other person not being a party to these Terms and Conditions has any right to enforce them.

Regulation 29 the 2013 Regulations give Consumers certain rights to cancel. Accordingly: If you submit your Search Request as a Consumer you are entitled to cancel your Search Request: (a) within 14 days beginning with the day on which your contract with us is entered into (“the Cancellation Period”) without giving any reason; and (b) in any event at any time before we start to process it. In order to exercise your right to cancel the contract you must let us know that you wish to do so by a clear statement – for example by post, fax or email. The model cancellation form here may be used by you to do this but it is not obligatory to use it. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the Cancellation Period has expired. We will not start to process your Search Request or provide the Search Report within the Cancellation Period unless you have given us your express consent to do so and you acknowledge your right to cancel the contract under the 2013 Regulations is expressly waived. Where you have waived your right to cancel the contract under the 2013 Regulations or the Cancellation Period has expired and we have started to process your Search Request you may still cancel it but we reserve the right to levy a cancellation fee. The amount of the cancellation fee levied will depend on the amount of work carried out or committed to be carried out (for example work committed to be carried out for you by Specialist Report Provider) at the time of cancellation.

RESIDENTIAL COMMERCIAL LATEST NEWS LEARNING HUB EVENTS ABOUT US CONTACT US REGISTER SIGN IN Toggle search Home Legal Terms and conditions TERMS AND CONDITIONS February 2019 BUSINESS TERMS AND CONDITIONS General terms and conditions 1 March 2019 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 2. About our services 3. Your account and data protection 4. Use of our Website 5. Ordering services 6. Cancelling services 7. Services and standards 8. Accuracy of information 9. Prices and payment 10. Intellectual property rights 11. Limitation of liability 12. Complaints 13. Termination 14. General We reserve the right to modify, add to or change the Terms at any time. Any changes will be effective as soon as they are posted on our Website. If you continue to use the Website you will be deemed to have accepted the changes. If you are acting on behalf of a Client, your Client is entitled to the benefit of the Terms. Our Website may contain links to third party websites. These websites are not under our control and we accept no responsibility for them. You may not assign, sub-license or otherwise transfer your rights under the Terms. If any provision of the Terms is invalid or unenforceable, it will be taken to be removed from the rest of the Terms to the extent it is invalid or unenforceable. 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 you make and any Report we produce and are the entire agreement between us relating to such Requests and Reports. The Terms and any disputes or claims in connection with them (including non-contractual disputes or claims) are governed by English law.Any disputes or claims (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales. COMMERCIALDW TERMS AND CONDITIONS 4 January 2022 1. About these terms 2. About Commercial Reports 3. How you can use the Commercial DW Report 4. Intellectual property rights 5. Limitation of liability Please note in particular the provisions regarding limitation of liability in the General Terms, which apply in addition to this clause. Our entire liability in respect of all causes of action arising by reason of or in connection with a Commercial DW Report shall be limited to: the sum of £2 million in respect of Standard Commercial DW Reports; and the sum of £10 million in respect of Commercial Extra DW Reports. CON29DW SEARCHES TERMS AND CONDITIONS February 2019 1. About these terms 2. About CON29DW Reports 3. How you can use the CON29DW Report 4. Intellectual property rights 5. Limitation of liability Complaints Please see our General Terms for details of our complaint’s procedure and your remedy in the event that your complaint has not been resolved to your satisfaction. Disclaimer with regard to Maps We offer a range of products our third party terms and conditions are listed below: Third party product TERMS AND CONDITIONS FOR WESSEX SEARCHES ONLINE SERVICES 1. Important notice 2. About us 3. Interpretation and definitions 4. Registering/E-mail and password 5. Contract 6. Wessex Water Specific Terms 7. Specialist Report Provider Terms 8. Standards of Service 9. Search Reports - Disclaimers 10. Prices and Payment 11. Intellectual Property Rights 12. Map Data 13. Electronic security 14. Solicited contact via e-mail and other means 15. Your Responsibilities 16. Disclaimer of Warranty and Liability 17. Third party websites 18. Force Majeure 19. Privacy 20. Changes 21. Termination 22. Contracts (Rights of Third Parties) Act 1999 23. Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 S1 2013/314 24. General Our Website and Wessex Searches Online Services are operated and provided from within in the UK. We make no representation that material in the Website or the Services themselves are appropriate or available for use in other locations. If you choose to access the Website or the Services from other locations you do so on your own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Our Website has not been designed or developed for mobile use. If any provision of these terms and conditions shall be unlawful, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. You may not assign, sub-licence or otherwise transfer any of your rights under these terms and conditions.

If you wish to cancel your use of Wessex Searches Online Services you should do so immediately using the ‘unsubscribe’ procedure.

These terms and conditions shall be governed by the law of England and Wales and any disputes will be subject to the exclusive jurisdiction of the English and Welsh courts.

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