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1
Agreement
1.1
Local Authority Search Network Ltd (LASN) agree to supply the Report to the
Customer and the Customer agrees to these Terms.
1.2 LASN
may also supply the Customer with Other Products, where LASN act as an
agent for a Third Party. The supply of those Other Products will be
governed by the terms and conditions of those Third Parties.
2
Intellectual Property
2.1 LASN
(or its suppliers) own all the Intellectual Property in the Report. The
Report is provided for the Customer's own use. The Customer can only use
the Report for someone else if it is incorporated into services that the
Customer is providing to that person in the ordinary course of the
Customer's profession. The Customer can only use the Report once for that
purpose. The Customer must not copy or change the Report in any way. An
example of such a change would be to remove a trademark. The customer must
not re-sell the Report.
2.2 In
terms of Intellectual Property, the Customer only has the express rights
set out above. The Customer has no further implied rights.
3
Termination Of Rights
3.1 The
Customer's Rights will be lost automatically if (i) the Customer fails to
abide by these Terms (particularly if the Customers failure is something
that cannot be put right); (ii) The Customer becomes Insolvent; (iii) The
Customer challenges LASN as to the ownership of Intellectual Property or do
something that LASN believe will put ownership of Intellectual Property at
risk; (iv) The Customer does not pay something that is owed to LASN.
3.2 LASN
do not have to continue to supply the Customer with report(s), if LASN
believe that the Customer is not abiding by these terms or has given one
months' notice to the Customer.
3.3 If
the Customer has paid in advance and the Customers Rights are terminated,
LASN will refund a fair and reasonable amount of the sum that the Customer
has paid to LASN.
4
Liability
4.1 Any
defect or inaccuracy in the Reports provided by LASN must be notified to
LASN by the Customer as soon as it has been detected.
4.2 In
the event that such notice is not given, the Customer shall be deemed to
have been satisfied with the performance of LASN and the Reports provided.
4.3 In
the event that the Customer suffers loss as a result of the negligence or
otherwise, the liability of LASN will be limited to an amount not exceeding
£2 million in respect of any individual claim.
4.4 In
any event, LASN are not liable for problems arising from circumstances
beyond the reasonable control of LASN, or for any indirect or consequential
loss or for any loss of profit however arising.
4.5 LASN
are also not liable if the Customer's complaint results from the Customer
using the Report for a purpose for which the Customer is not authorised to
use it.
4.6 LASN
use reasonable skill and care, make all reasonable efforts to correct
errors as soon as they are identified and constantly strive to improve it's
products and services, but LASN cannot guarantee that information supplied
to LASN is error free.
4.7
Reports will contain as much information that is available to LASN at the
time, but the Customer accepts that sufficient information is not always
available to reflect the actual uses to which a property or land has been
put.
4.8 Even
if the Report contains a conclusion or other interpretation of its
contents, the Customer must not rely exclusively on the Report in terms of
valuing the property or land to which the report relates, determining its
actual status or condition, or concluding as to its suitability for any
use.
4.9
Because of the way that the Report is generated which may involve the use
of computer database(s) and, often, electronic delivery, the Customer
accepts that LASN cannot guarantee accurate or timely delivery at all
times. Some of the sources that LASN use mean that subjective judgements
need to be taken. LASN exercise it's best judgment, but others might make a
different judgment.
4.10 The
Customer understands that the Report may not be tailored to the Customer's
specific needs and that the Customer, not LASN, must ensure that the Report
meets the Customer's requirements.
4.11 The
Customer accepts that the Customer should carefully inspect the property or
land to which the Report relates and take advice or obtain information from
other sources before the Customer makes any important decision about the
property or land to which the report relates.
4.12 If
the Customer supplies the Report to any other person, the Customer will get
them to agree to the above limitations.
4.13 If
LASN provide the Customer with any additional services based on the supply
of report(s), unless LASN charge the Customer separately for those
services, LASN will not be liable to the Customer for any problem arising
out of those additional services.
5
Charges
5.1 The
Customer shall be liable to LASN as principal for all costs, charges and
expenses that shall be due to LASN under the terms of the contract for
services together with all expenses incurred in respect thereof.
5.2 This
will be the case whether or not the Customer purports to contract with LASN
as agent for another.
5.3 The
Customer must discharge all sums due under invoices raised by LASN within 7
days of such invoice.
5.4 In
the event that such invoices are not paid within 7 days, LASN shall be entitled
to charge the Customer interest on all sums outstanding at the rate of 4%
above the Barclays Bank Plc base rate set from time to time.
5.5 LASN
shall be entitled to alter its charges from time to time and contracts with
LASN will be charged to the Customer at the prevailing rate.
6
General
6.1 If
LASN have to change these Terms, the revised version will be posted on the
LASN website. LASN will also try to publicise the fact, but it is the
Customer's responsibility to ensure that the Customer has the latest
version of the Terms.
6.2 LASN
do not have to supply anyone. LASN may stop supplying the Customer without
having to give the Customer any reason.
6.3 If a
court decides that one of these Terms is illegal or unenforceable, that
will not affect the rest of the Terms.
6.4 If
LASN is slow in exercising it's rights under these Terms or choose not to
do so on any occasion, that will not affect the rights of LASN to do so
later.
6.5 The
Customer agrees that everything relevant to relationship between LASN and
the Customer is written here and there is nothing else that persuaded the
Customer to accept these Terms.
6.6 The
Customer agrees that any disputes with LASN will be settled in an English
court.
7
Glossary
7.1
References to "the Customer" are to the individual, firm or
company from whom LASN receive instructions. For searches included in a HIP
this also includes a seller, buyer, potential buyer, and mortgage lender.
7.2
"Insolvent" means that the Customer is bankrupt (if the Customer
is an individual) or the Customer has a receiver or liquidator appointed
(if the Customer is a company) and/or (in either case) the Customer is
unable to pay the Customers debts as they fall due, the Customer makes an
arrangement with the Customers creditors or LASN are
reasonably
satisfied that the above is about to happen.
7.3
"Intellectual Property" means all forms of intellectual property
or protective rights recognised in law.
7.4
"the Report" includes any information that LASN supply to the
Customer including all reports, services, datasets,
software
or information contained in them.
7.5
"these Terms" means the terms printed on this document (or any
replacement that LASN issue).
7.6
"Third Party" means persons from whom LASN may source Other
Products.
7.7
"Other Products" means products and services which are ancillary
to the Reports, such as environmental risk insurance.
7.8
"the Customers Rights" means the Customers right to use the
Report and any other rights conferred by these Terms.
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