Terms & Conditions
| SAM Conveyancing 19 Silwood Road Ascot Berkshire SL5 0PY T: 0207 112 5388 | |
We use the following Search Company to obtain your property searches:
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PSG Connect Limited (the 'Search Company'), a company registered in England and Wales under a registration number 3674092
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1 London Street, Reading, RG1 4PN
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Ground Floor, 1 Capitol Court, Dodworth, Barnsley, South Yorkshire, S75 3TZ
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01226 978253
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You are bound by their Terms and Conditions and are deemed to have accepted these Terms upon payment for your property searches. You can read the Search Company's Terms here -
PSG Terms and Conditions.
We do not accept any responsibility for the service provided by the Search Company.
Contract
The contract between You and Us ("PSG") shall come into existence when We accept your completed Order by either sending You written confirmation or providing You with the relevant Services (“Contract”). Please read and check the Order before it is submitted so that any errors can be identified and corrected.
We may refuse to accept an Order for reasons including but not limited to where
- the Services are not available
- We cannot obtain authorisation for payment or there are credit issues with your account with Us
- there has been a pricing or service description error, or
- We determine supply to You will be in breach any regulatory provisions relating to the Services ordered
You accept responsibility for ensuring that Order details relating to the Service entered Into the Ordering Platform are sufficient and correct for Us to deliver the Service
These Terms may be varied from time to time. The Terms in force at the time of the Contract, in conjunction with any relevant Third Party Supplier Terms, the Order and the Privacy Notice (Provisions), shall govern the Contract to the exclusion of all other terms and conditions. You agree to be bound by the Provisions when You place any Order. You should print a copy of the Provisions for future reference.
If You are not a Consumer You acknowledge that You have not relied upon any representations save insofar as the same have been expressly incorporated in the Provisions 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 the Provisions.
If You are a Consumer then, while We accept responsibility for statements and representations made by Our authorised agents, please ensure You ask for any variations from the Provisions to be confirmed in writing.
Services
We shall use reasonable care and skill in providing the Services and shall use only those Third Party Suppliers who have agreed to relevant data processing terms and who, where applicable, comply with the Code or who adopt standards of practice and consumer protection which are comparable with the Code.
We reserve the right to make any changes to the Services described in our Material to conform with any applicable statutory requirements or any non-material changes which We reasonably deem appropriate in Our sole discretion
Regulated Local Authority Searches may be transferred to another firm or customer (transferee) (i.e. due to change of firm or auction sale) with the benefit of the SRIP and these terms and conditions however, we do not accept any liability to the transferee where the Regulated Local Authority Search is dated more than 6 months prior to the purchase of the Property or if there has been a sale / purchase of the Property since the Regulated Search was prepared.
You and Your Customer shall be permitted to make and store electronic or hard copies of Third Party Products or Regulated Searches solely for internal audit/review purposes
In placing the Order and formation of the Contract, You agree that We may take steps to performing the Services immediately.
We shall use reasonable endeavours to provide the Services within a reasonable period of time but are not liable to You for any delay in providing the Services.
Price and Payment
The price payable for the Services shall be in pounds sterling inclusive of VAT as set out in the Order. We reserve the right to express the price exclusive of VAT, but we shall show the VAT separately and include it in the total price.
INSURANCE PRODUCTS: Where insurance premium tax (IPT) is applicable this is included at the current rates. We reserve the right to express the price for Insurance Products exclusive of IPT but we shall show IPT separately and include it in the total price.
Payment is due in full from You within 30 days from date of invoice unless varied on the invoice.
We reserve the right to amend prices from time to time however, Services will be charged at the price applicable at the date on which an Order is submitted.
If You fail to pay an invoice by the due date, We may charge You interest on the late payment at the prevailing statutory rate pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 until the outstanding sum (including interest) is paid in full, or, where You are a Consumer, interest may be charged at 4% above the base rate of Bank of England until the outstanding sum (including interest) is paid in full.
Any discount, rebate or commission must be agreed in writing. You are responsible for advising your Customer of this arrangement.
You are responsible for managing all aspects of compliance as required by the Solicitor’s Regulatory Authority or Council of Licensed Conveyancers or Chartered Institute of Legal Executives including but not limited to the Insurance Distribution Directive requirements in respect of the purchase of any Insurance Product from Us. If You manage a panel you should follow the National Trading Standards Estate Agency Team’s guidance on transparency of referral fees and any subsequent regulations that come into force to ensure compliance with the Consumer Protection from Unfair Trading Regulations 2008.
Cancellation of Services/Refunds
If you are a Consumer Your right to cancel the Contract starts on the date the Contract is formed. You have fourteen working days to cancel the Contract. If you cancel the Contract within this period, and the exceptions set out previously do not apply, then You will receive a full refund of any price paid by You. The refund will be processed as soon as possible, and in any case within 30 days of the day on which you gave us notice of cancellation. You will not be liable for any further payment to us in respect of the Contract
This cancellation right may not apply to You as We are not obliged to cancel an Order where:
- Products are commissioned to Your specifications or by reason of their nature cannot be returned (i.e. the products are based on a specific Property); or
- where We have started work on the Services with Your agreement
To cancel the Contract You must email Us on
support@poweredbypie.co.uk without delay, copying in your case handler at SAM Conveyancing. We will advise You what we may be able to do to cancel the Order but You should be aware that as the Services are procured without delay, cancellation may not be possible where fulfilment of the Services has already started.
Following cancellation of the Contract You will remain liable for any costs, expenses and disbursements incurred by Us prior to receiving written notice of cancellation (unless cancellation has been requested within the fourteen days timeframe). Such costs, expenses and disbursements shall be invoiced and payable.
Any refund We may make is at Our discretion.
Cancellation by You of part of a Search Pack will not entitle You to a refund in respect of the cancelled services. We may, at Our discretion, withhold any discount, rebate or commission We have agreed to pay You In respect of supply of Search Packs if sums due under any contract are outstanding or You have cancelled part of a Search Pack.
INSURANCE PRODUCTS: The cancellation provisions above vary for Insurance Products You order. Any Insurance Product may be cancelled within 14 days of the Contract start date. You should call Us on 01226 978264 or email Us at
insuranceservices@propertysearchgroup.co.uk to discuss such cancellation.
Events Beyond Our Control
We reserve the right without notice or liability to You, to defer the date of performance (by a period equivalent to the period during which the Services could not be performed) or to cancel the provision of the Services or reduce the volume of the Services ordered by You if we are prevented from or delayed in the carrying on of Our business due to circumstances beyond Our reasonable control provided that, if the event in question continues for a continuous period in excess of 60 days, You shall be entitled to give notice in writing to us to terminate the Order.
Warranties and liability limits
Save as expressly provided in these Terms We exclude all other representations, warranties or conditions of any kind, either express or implied to the fullest extent permitted by law.
Nothing in these Terms limits or excludes Our liability for any matter for which it is unlawful to exclude or limit liability.
We are not liable to You
- in respect of any liability (howsoever arising) due to errors in the information You supplied to Us;
- in respect of loss of profit (direct or indirect), indirect or consequential losses;
- in respect of liability arising from supply of Third Party Products included in the Services and You are referred to the Third Party Supplier Terms;
- in respect of an Official Search. However, note here that an Official Search has the benefit of unlimited indemnity (where the Appropriate Body is a water undertaker) or statutory compensation (where the Appropriate Body is a local authority) and We will use reasonable endeavours to assist You in making a claim in this way.
Where an error is found in respect of the Services or should, have been identified by You (acting with reasonable care and skill), before the contract for the legal transaction relating to the Property has been exchanged and such error is solely due to Our negligence in preparing, collating and providing the Service We shall, as the sole remedy in respect of the same, provide a replacement of the erroneous Services free of charge and shall have no further liability to You / the Customer even if the supply of the replacement may cause delay or abortive transaction.
Subject always to the above, where an error is found in respect of the Services after the completion of the legal transaction relating to the Property, Our liability to You / the Customer in respect of Our negligence in relation to the supply of Services is covered by professional indemnity insurance and limited to £20 million per claim or series of related claims.
Regulated Local Authority Search. In respect of each Regulated Local Authority Search the Insured has the benefit of a SRIP. The SRIP is provided by First Title Insurance PLC and the policy is appended to each Regulated Local Authority Search. The SRIP provides cover against an Adverse Entry to the level of £2 million. Our liability to a Customer in respect of an Adverse Entry is limited to this level of cover.
You agree to indemnify Us in respect of any liability arising from any claim, allegation or proceedings brought by You, a Customer or any other third party that these Terms (and Third Party Supplier Terms) do not apply to the Services.
Intellectual Property Rights
You acknowledge that all Intellectual Property Rights in the Services are and shall remain owned by either Us or our Third Party Suppliers and nothing in these Terms purports to transfer, assign or grant any rights to You in respect of the Intellectual Property Rights.
You agree that You will procure that Your Customer on whose behalf You have commissioned the Services will not, except as permitted herein or by separate agreement with Us change, amend, remove, alter or modify any trademark or proprietary marking on any search provided. You agree to indemnify Us and keep us indemnified from and hold us on demand, 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 and penalties and legal and other professional costs and expenses) arising out of or in connection with a breach of this.
Data Protection
You are responsible for obtaining the information required to place an Order from Your Customer and for processing and collecting personal data so included in accordance with Data Protection Laws. We acknowledge that You are the data controller.
We will process any personal data You provide to Us as a data processor; please see the data processing notice incorporated in the Privacy Notice.
We will process data concerning You and your employees in accordance with the Privacy Notice.
IF YOU ARE A CONSUMER: In placing an Order You will provide Us with certain information and some of this is personal data; For example We will require details of the Property address, contact data and financial data. We process this information for contractual purpose to provide the Services including the processing of a payment. In the event of a claim against Us or under the SRIP We may gather further details from You and will share this with the relevant insurance provider to process Your Claim. We may also disclose Your information to companies within Our group of companies for administrative purposes or to comply with a legal obligation. Once the Order has been completed We will keep details of the transaction for 7 years for reporting purposes but We also keep copies of Regulated Searches for 20 years. This is because claims may only be known when a Property is re-sold and this period of time is the average period of home ownership. You have certain rights under the Applicable Data Protection Laws. Some of these rights are complex and you should read the guidance from the Information Commissioner (
www.ico.org.uk) for a full explanation of these rights. You may exercise any right in respect of our processing of your personal data by written notice to Us
Where We contact You at the request of your acting solicitor to arrange for payment of Services ordered on your behalf We will provide You with further information concerning privacy. At all times these Terms apply to the supply of such Services.
General
You shall make any complaint regarding the Services in accordance with the complaints policy at the end of these Terms.
You shall not be entitled to assign the Contract or any part of it without Our prior written consent
We may assign the Contract or any part of it to any person, firm or company provided that such assignment shall not materially affect Your rights under the Contract.
The parties to these Terms do not intend that any term shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to these Terms or a permitted assignee.
Failure or delay by Us in enforcing or partially enforcing any provision of the Terms will not be construed as a waiver of any of Our rights under the Contract.
Any waiver by Us of any breach of, or any default under, any provision of the Terms by You will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms herein.
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
Unless otherwise stated in these Terms, all notices from You to Us or vice versa must be in writing and sent to Our registered office address or Your address as stipulated in the Order.
In providing the Services We will comply with the Code as applicable.
These Terms and each Contract shall be governed by and construed in accordance with English law and shall be subject to the non-exclusive jurisdiction of the Courts of England and Wales. However, if You are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland you may also bring proceedings in Scotland.
The Search Code:
- Provides protection for homebuyers, sellers, estate agents, conveyancers and mortgage lenders who rely on the information included in property search reports undertaken by subscribers on residential and commercial property within the United Kingdom.
- Sets out minimum standards which firms compiling and selling search reports have to meet.
- Promotes the best practice and quality standards within the industry for the benefit of consumers and property professionals.
- Enables consumers and property professionals to have confidence in firms which subscribe to the code, their products and services.
By giving you this information, the search firm is confirming that they keep to the principles of the Code. This provides important protection for you.
The Code’s core principles
Firms which subscribe to the Search Code will:
- display the Search Code logo prominently on their search reports
- act with integrity and carry out work with due skill, care and diligence
- at all times maintain adequate and appropriate insurance to protect consumers
- conduct business in an honest, fair and professional manner
- handle complaints speedily and fairly
- ensure that products and services comply with industry registration rules and standards and relevant laws
- monitor their compliance with the Code
Complaints Procedure
We hope you do not need to make a formal complaint regarding your searches however if you wish to do so you need to email your complaint to
support@poweredbypie.co.uk and copy in your case handler at SAM Conveyancing. We will ensure the matter is escalated to ensure you receive a speedy response.
The Search Company will acknowledge your complaint within 5 working days of receipt and normally provide a final response, in writing, within 20 working days of receipt.
PSG is registered with the Property Codes Compliance Board as a subscriber to the Search Code. A key commitment under the Code is that firms will handle any complaints both speedily and fairly.
If you are not satisfied with our final response, or if we exceed the response timescales, you may refer the complaint to The Property Ombudsman (TPO) scheme (Tel: 01722 333306, Web site:
www.tpos.co.uk, E-mail:
admin@tpos.co.uk). PSG will co-operate fully with the Ombudsman during an investigation and comply with his final decision
Accepting our Terms of Business
By ticking the button online "I Agree to the Terms & Conditions" in this form you are accepting these terms of service. If terms received by email then please email
help@samconveyancing.co.uk stating "I Agree to the Terms & Conditions".
Updated: 28th October 2022
