Terms and Conditions

Definitions
In these Terms the following words shall have the following meanings:
“Client” means the seller, buyer, lender or lessee (or potential seller, buyer, lender or lessee) in respect of the Property who is the intended recipient of the Report.
“Code” means the Code of Practice for Search Compilers and Retailers as updated from time to time.
“Company” means a company in respect of which Jane Hay Searches Ltd has been instructed to provide a Service.
“Consumer” means any person acting for purposes other than their trade, business or profession.
“Intellectual Property Rights” means copyright, patent, design right (registered or unregistered), service or trade mark (registered or unregistered), database right, or other data right, moral right or know how or any other intellectual property right.
“Literature” means Jane Hay Searches Ltd brochures, price lists and advertisements in any type of media, including the content of the Website.
“Order” means the request for Services by You.
“Property” means an address or location for which Jane Hay Searches Ltd is engaged to provide a Service.
‘Report’ means the report prepared by Jane Hay Searches Ltd in respect of the Property or the Order.
“Service(s)” means the supply of services by Jane Hay Searches Ltd to You including but not limited to property searches, reports and photographs, company searches, trade marks and domain name searches and other services from time to time and includes our instructions to a Supplier, on your behalf and the dissemination of the information subsequently provided by the Suppliers.
“Supplier” means any organisation or third party who provides data or information of any form to Jane Hay Searches Ltd for the purposes of providing the Services.
“Terms” means these terms and conditions of business.
“VAT” means value added tax under the Value Added Tax Act 1994 and any similar replacement or additional tax.
“Website” means our website.
”We”, “Us”, “Our” and Jane Hay Searches Ltd are references to Jane Hay Searches Ltd.
“You” and “Your” are references to the individual, company, partnership or organisation who accesses the Website or places an Order.

We agree to supply the Report to the Client subject to these terms and the Client indicates their acceptance of these terms when placing an order for the Report or when relying on the information in the Report.

We will produce the Report with reasonable care and skill and it is provided to the Client on the basis that they acknowledge and agree to the following:
• The information in the Report reflects that available to us on the date the Report was produced.
• The information contained in a Report can change on a regular basis and we cannot be responsible to the Client for any change in the information after the date on which the Report was produced and sent to the Client or for any inaccuracies, omissions or errors on a public register.
• The Report is produced for use in relation to individual property transactions only and is for the Property supplied in the Order.
• The Report is intended for the personal use of the Client
• The price payable for the Services shall be in pounds sterling inclusive of VAT as set out in the Literature or Order, as applicable.
• Payment is due in full from You within 30 days of the date of Our invoice (or as otherwise contracted).
• Unless the Customer and/or Client has an agreed credit account with us for payment for the Reports, we must receive payments for Reports in full before the Report is produced.
• Until such time as payment has been received in full, title of this report remains with the search provider.
• We shall not be liable for any acts or omissions of any party for whom we are not responsible, our insurance provision includes cover for errors and omissions in local authority data and records under the firm’s professional indemnity policy together with run off cover for six years.
• Jane Hay Searches Ltd assumes that the value of residential/commercial property/land does not exceed £5,000,000 and that it is the responsibility of the customer/client to advise us at the time of requesting the report where the value of the residential/commercial property/land exceeds the stated amount.
• Premiums for additional cover are available upon request.
• We will be liable for any negligent or incorrect recording of the information in the search report.
• If the insurance company (goes out of business, compensation may be available from the Financial Services Compensation Scheme (FSCS). The Financial Ombudsman Service may also provide help in resolving disputes involving
insurance companies.
• Jane Hay Searches Ltd maintain and have ongoing contractual and standalone business relationships with various persons and companies involved in the conveyancing process within the United Kingdom. Jane Hay Searches Ltd discloses any relationship in Box E. Jane Hay Searches Ltd cannot and will not accept any liability for failing to disclose a relationship where the involvement in the transaction was not made known to Jane Hay Searches Ltd by the client instructions.

• The copyright and intellectual property rights in the Report shall remain our property.
• The Customer and Client agree to respect and not to alter any trademark, copyright notice or trading name which appears on the Report.
• This report may also be distributed as a copy or reproduction without alteration to potential purchasers, the actual purchaser and the mortgage lender.

A full postal address and a location plan is required when requesting a search from us. If no plan is supplied we will accept no responsibility for any errors or omissions in the search which result from this.

If any of these terms are held to be invalid or unenforceable, that provision or part of that provision shall be taken to be removed from these terms and the remaining terms will continue in full force and effect.
These terms shall be governed by English law and shall be subject to the jurisdiction of the English Courts
In providing reports and Services Jane Hay Limited t/a Jane Hay Searches will comply with the Search Code https://www.copso.org.uk/searchcode/

Independent dispute resolution: If you make a complaint and we are unable to resolve it to your
satisfaction you may refer the complaint to The Property Ombudsman . The Property Ombudsman scheme can be contacted at: Milford House, 43-55 Milford Street, Salisbury, Wiltshire SP1 2BP. T: 01722 333306. E: admin@tpos.co.uk

Jane Hay Searches, incorporating Jane Hay Searches Limited and trading as Jane Hay Searches, is a registered subscriber to the Search Code with the Property Codes Compliance Board (PCCB). The PCCB independently oversees the adherence of registered search firms to the Search Code.

Consumer Protection:

The Search Code:

• Provides protection for homebuyers, sellers, estate agents, conveyancers, and mortgage lenders relying on information in property search reports within the United Kingdom for residential and commercial properties.
• Establishes minimum standards for firms compiling and selling search reports.
• Promotes best practices and quality standards in the industry for the benefit of consumers and property professionals.
• Enables confidence in firms, their products, and services for consumers and property professionals subscribing to the code.

By providing this information, the search firm confirms adherence to the Code’s principles, offering crucial protection for consumers.

The Code’s core principles:

• Display the Search Code logo prominently on search reports.
• Act with integrity, carrying out work with due skill, care, and diligence.
• Maintain adequate and appropriate insurance to protect consumers at all times.
• Conduct business honestly, fairly, and professionally.
• Handle complaints promptly and fairly.
• Ensure products and services comply with industry registration rules, standards, and relevant laws.
• Monitor compliance with the Code.

For more information about the PCCB, visit www.propertycodes.org.uk.

If you wish to obtain a copy of the Search Code, please inquire with your search provider.

Complaints:

If you have a query or complaint about your search, address it directly with the search firm. If necessary, request consideration under their formal internal complaints procedure.

Independent Dispute Resolution:

Should your complaint remain unresolved, refer it to The Property Ombudsman  scheme. Jane Hay Searches will cooperate fully durin

 g an investigation and comply with the final decision.

The Ombudsman can award up to £5,000 if it is found that you suffered financial loss and/or aggravation, distress, or inconvenience due to your search provider’s failure to adhere to the Code.

Note that all queries or complaints regarding your search should be directed to your search provider initially, not to TPOs or the PCCB.

TPOs Contact Details:

The Property Ombudsman Scheme Milford House 43-55 Milford Street Salisbury Wiltshire SP1 2BP Tel: 01722 333306 Fax: 01722 332296 www.tpos.co.uk Email: admin@tpos.co.uk