Our Terms and Conditions
The Solution to All Your Property Searches
“We", "us" and "our" are references to ISA Yorkshire Ltd.
“You" and "your" are references to the individual.
Services (Services" means the supply of services by us to you (excluding any third party Services) Any Services we provide will be on these Conditions, as may vary from time to time, to the exclusion of all other terms and conditions.
"Consumer" means a consumer defined in the Consumer Protection (Distance Selling) Regulations 2000
"Information" means any information supplied by you to us in connection with the provision of the Services including any information provided by you on any order forms.
"Literature" means our Packs, price lists and advertisements in any type including media and content of the Website.
All orders must be in writing via post, or email (firstname.lastname@example.org). We will not accept verbal orders.
The price payable for each of the Services and the third-party services is the price in pounds sterling as set out in the Literature or the agreed price in writing or verbally. If the price payable is exclusive of VAT, this shall be clearly indicated in our Literature, and you will be additionally liable for the same (and/or for any other applicable taxes). The price set out in the Literature is inclusive of delivery charges. We reserve the right at any time without notice to increase our prices.
If you are a professional client, payment is due from you within 30 days of the date of our invoice; unless agreed differently in writing. We reserve the right to charge for our costs and expenses incurred as a result of late payments; this includes an interest rate of 2% per month on the invoice or on any overdue payments. If you are a Consumer, payment is due from you on submission of your order and in advance of our Services; if we do not receive payment in advance, the service will not be provided until we do. If you are a Professional client, the method of payment, shall depend on what has been agreed with ISA Yorkshire Limited. If you are a Consumer the method of payment, shall depend on what has been agreed with ISA Yorkshire Limited in advance.
Changes to Services
We reserve the right to make any changes to the Services described in our Literature to conform with any applicable statutory requirements or which we deem appropriate in our sole discretion.
Any oral cancellation of an order or the Services must be confirmed in writing; and you shall remain liable for any expenses or disbursements we may have incurred prior to your notice of cancellation.
Breach of Conditions
If we suspect that you are or may be in breach of these Conditions or if we become aware of any allegation or claim that you may be in breach of these Conditions, we may in our sole discretion, without notice to you or liability, penalty or obligation on our part, suspend, interrupt or terminate the performance of the Services.
We reserve the right without notice or liability to take any action we deem appropriate relating to the Services, or to defer the date of performance, or to cancel the provision of the Services.
If we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, governmental actions, emergency, acts of terrorism, protests, riot, war or national civil commotion, explosion, fire, acts of God, flood, epidemic, lock-outs, strikes, or other labour disputes (whether or not relating to either party's workforce).
Provided that, if the event in question continues for a continuous period of more than 40 days, you shall be entitled to give notice in writing to us to terminate the agreement; or accept instructions and orders only where you are the principal and are liable directly to us for payment of our account.
You agree: to instruct us as a principal, and that you will be liable directly to us for payment of our account; that you have all the necessary permissions and consents to enable us to use the information for the provision of the Services; that we will not be infringing the rights of any third party connected to the information and that the Services are provided at your direction and all content for the Information is provided by you; and that we will not be breaching any confidentiality or contractual obligations in supplying the services to you.
Warranties and Limitation of Liability
We do not guarantee or warrant:
The services of third-party service providers but assign to you any warranties given by the third-party provider. All warranties, conditions, and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded, including where permitted any implied warranties of fitness for a particular purpose.
We shall not be liable for:
Any consequential or indirect loss including, but not by way of limitation, loss of profit or loss of contract; loss of goodwill, reputation or otherwise, which arise out of or in connection with the Services, or the agreement; the services of any third-party service providers; or any inaccuracy, omission or other error in any part or parts of a search or report which arises from any inaccuracies omissions or errors on a public register. (However the insurance provided with our searches provides cover for the local authority errors and omissions). In addition to the foregoing, we shall not be liable for any damage or loss whatsoever caused: by any virus, including damage to your software, data or computer equipment, or any other property resulting from your access to, use of or browsing of the Website; as a result of downloading any material, data, text, images, video or audio from the Website; by the contents of or your access to, any website linked to the Website; by inaccuracies or typographical errors of information in the instruction. In any event our total liability to you in contract or in tort shall not exceed £2,000,000 in respect of any single claim, event, or series of related claims or events. Nothing in these Conditions excludes or limits our liability for personal injury or death caused by our negligence, or for fraud. Any services other than our Services, which are advertised in the Literature, are for information only, and we are not responsible for any such services which you may use as a result of our recommendation or otherwise. Any such third-party services may be subject to the terms and conditions of the relevant third-party service provider.
You agree to indemnify us and keep us indemnified from and hold us on demand and harmless from and against all costs, claims, demands, actions, proceedings, liabilities, expenses, damages or losses (including, without limitation, consequential losses and loss of profit, and all interest, penalties and legal and other professional costs and expenses) arising out of or in connection with: any breach by you of your obligations or these Conditions; or any claim by a third party that the Services infringe any rights of a third party or any applicable UK or international legislation or regulations. You agree to pay all costs, damages, awards, fees and judgments finally awarded against us arising from such claims and you will provide us with notice of all claims or allegations, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims at your sole expense.
Intellectual Property Rights
You acknowledge and agree that any and all copyright connected with the design and development of our Website and the contributory software written by us, or our suppliers belong to or are licensed to us. All trademarks, trade names, and domain names which appear in the Literature belong to us, or to the relevant third-party suppliers.
Reliance by Third Parties
Our Services and any third-party services are provided solely for your use, or the use of your clients on whose behalf you have commissioned the services, or where appropriate your clients mortgagee and shall not be used or relied upon by any other third party, without our written consent.
All instructions and information received by us shall be dealt with by us in the strictest confidence.
If you have a query or complaint about your search, you should raise it directly with the search firm, and if appropriate ask for any complaint to be considered under their formal internal complaints procedure. If you remain dissatisfied with the firm’s final response, after your complaint has been formally considered, or if the firm has exceeded the response timescales, you may refer your complaint for consideration under The Property Ombudsman scheme (TPOs). The Ombudsman can award up to £5,000 to you if the Ombudsman finds that you have suffered actual financial loss and/or aggravation, distress or inconvenience as a result of your search provider failing to keep to the Code.
Please note that all queries or complaints regarding your search should be directed to your search provider in the first instance, not to TPOs or to the PCCB..
TPOs Contact Details:
The Property Ombudsman scheme
Milford House, 43-55 Milford Street
Wiltshire, SP1 2BP
Tel: 01722 333306
Web site: www.tpos.co.uk
You shall not be entitled to assign the agreement or any part of it without our prior written consent. We may assign the agreement or any part of it to any person, firm, or company. The parties to these Conditions do not intend that any term of these Conditions shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to these Conditions. Failure or delay by us in enforcing or partially enforcing any provision of the agreement will not be construed as a waiver of any of our rights under the agreement. Any waiver by us of any breach of, or any default under, any provision of the agreement by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the agreement. If any provision or part of a provision is held to be invalid or unenforceable by any court or other body of competent jurisdiction, that provision or part of that provision shall be deemed severable and the other provisions or the remainder of the relevant provision will continue in full force and effect. Your order form(s) and these Conditions constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties. No oral explanation or oral information given by any party shall alter the interpretation of these Conditions. You have not relied upon our representations insofar as the same have been expressly incorporated in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation (other than fraudulent misrepresentation) which has not become a term of these Conditions. The Agreement shall be governed by and construed in accordance with English law and shall be subject to the non-exclusive jurisdiction of the English Courts. ’ISA Yorkshire LTD’’ Our duty is to provide Search reports and services that will comply with the Search Code. ISA local searches are uninsured for properties that exceed £2 million. It is the responsibility of the customer to advise the firm at the time of requesting the search where the value of the property exceeds £2 million.
ISA Yorkshire Ltd, Suite 2, 56 Gowthorpe, Selby, North Yorkshire, YO8 4ET