Terms and Conditions
When using the Services and/or purchasing Content from LegalPlanz you (the Client) agree to be bound by the following Terms and Conditions, whether instructing us by telephone, e-mail, letter, on line or in a face-to-face meeting.
- LegalPlanz shall supply and the Client shall purchase the Service in accordance with the Instructions, subject in either case to these Conditions below. In the event of inconsistency between these Conditions and any special conditions contained in the Instructions, such special conditions shall prevail.
- No order submitted by the Client shall be deemed to have been accepted by LegalPlanz unless and until it has been expressly confirmed by e-mail to the Client specifically indicating acceptance (as opposed to receipt) of the Client’s order. Cancellations of orders shall be dealt with in accordance with clauses 11 and 12.
- The Prices for the Content shall be the prices stated in LegalPlanz’ price list current at the date on which the Contract is made and are exclusive of VAT. LegalPlanz reserves the right to vary its prices from time to time without notice.
- Unless otherwise agreed in writing LegalPlanz shall be entitled to invoice the Client by e-mail or post for the price of the Content on submission to the Client of the final job listed in the Instructions. The Client shall pay LegalPlanz’ the price of the Content within 30 days of the date of the invoice.
- If the Client pays within 30 days they will be entitled to a 5% discount.
- If the Client fails to make payment of LegalPlanz’ invoice on the due date then, without prejudice to any other right or remedy available to LegalPlanz, we shall be entitled to:
- terminate the Contract or suspend any further deliveries of Content to the Client; and/or
- charge the Client interest at 6% per annum on the amount unpaid from the due date until the date of actual payment, together with the reasonable costs of recovering such unpaid amounts through legal action.
- All floor plans are intended to be for indicative purposes only. They are drawn in compliance with RICS and PMA guidelines (where stated on the specific floor plan) but it is the Client’s responsibility to confirm that the plan is a reasonably accurate representation of the property. LegalPlanz shall not be responsible in the event that floor plans are not a reasonable representation of the property.
- All requests for amendments or changes to a floor plan must be e-mailed to and carried out by LegalPlanz and not by any third party. LegalPlanz does not accept any responsibility or liability where amendments or changes to floor plans are made by a third party. Plans shall not be sold or transferred to any third party without prior written permission from LegalPlanz — see further clause 17.
- Where floor plans are produced from Client information or re-drawn from other representations of the property, LegalPlanz accepts no responsibility or liability for the accuracy of the floor plans or any areas calculated from them.
- Use of Personal Data: The personal data you supply will only be used for the purpose for which it has been provided.
- The Client warrants that it has all necessary authorities and permissions to commission plans or related services in relation to the property in question including allowing representatives of LegalPlanz access to the property. The Client agrees to indemnify LegalPlanz against all expenses, damages, claims and legal costs where such clearances have not been obtained.
- It is LegalPlanz’ policy to accept cancellations up to 17:30 (5:30 p.m.) on the working day before an appointment without charge. Where cancellations are received after 17:30 (5:30 p.m.) on the working day before an appointment, LegalPlanz shall be entitled to charge the Client a penalty charge of up to 50% of the original job charge.
- LegalPlanz warrants to the Client that:
- the content of the Service will, at the time of delivery to the Client, correspond with the Instructions and be of satisfactory quality;
- it shall provide the Service using all reasonable care and skill and as far as reasonably practicable, in accordance with the Instructions; provided that, in respect of all content LegalPlanz shall not be liable to the Client for any loss, damage, costs, expenses or other claims for compensation arising out of or in connection with any breach by the Client of its obligations under the Contract.
- Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
- LegalPlanz shall not be liable to the Client by reason of any negligence or any other tortuous action or any representation (unless fraudulent), or any implied warranty, condition or other term, or under any express terms of the Contract, for any loss of anticipated revenue or savings, loss of profits, loss of business opportunities, loss of goodwill or damage to reputation or any indirect, special or consequential loss or damage, costs, expenses or other such claims for compensation whatsoever (whether caused by the negligence of LegalPlanz, its employees or agents or otherwise) which arises out of or in connection with the Contract, except as expressly provided in these Conditions.
- The entire liability of LegalPlanz in respect of any and all claims made against it by the Client under or in connection with the contract shall not exceed the total price payable under the Contract, except as expressly provided in these Conditions.
- All copyright, trade marks, design rights and other intellectual property rights of any kind whatsoever whether registered or capable of registration or not in any part of the world and the right to apply for any of the foregoing rights subsisting in relation to or created or developed by LegalPlanz or its subcontractors in the course of creating and providing the Service shall remain (as between LegalPlanz and the Client) the absolute property of LegalPlanz or its subcontractors and no rights in such property are granted to the Client save for a non-exclusive licence to use the product for the purposes contemplated by the Contract.
- The Client shall not be entitled to assign or sub-contract or otherwise dispose of any of its rights or obligations under the Contract without the prior written consent of LegalPlanz. In particular, the Client shall not be entitled to transfer or assign any product to a third party, including to other property agents, without the prior written consent of LegalPlanz.
- The Contract constitutes the entire agreement and understanding between the parties with respect to its subject matter and the terms of the Contract shall supersede any previous agreements. Each of the parties acknowledges and agrees that in entering into the Contract it does not rely on, and shall have no remedy and waives all rights in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) of any person (whether a party to the Contract or not) other than as expressly set out in the Contract as a warranty or a representation.
- No variation to the Contract shall be effective unless made in writing and signed by or on behalf of the parties. LegalPlanz reserves the right to amend these Terms and Conditions from time to time and will post the current version on its Web site at http://legalplanz.co.uk/terms.
- Nothing in the Contract is intended to confer on any person any right to enforce any term of the Contract which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.
- LegalPlanz shall not be liable to the Client or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of LegalPlanz’ obligations under the Contract if the delay or failure was due to any circumstances beyond LegalPlanz’ reasonable control.
- If any provision of the Contract is declared void or unenforceable by any court or is otherwise rendered so by any applicable law, such provision shall to the extent of such invalidity or unenforceability be deemed severable and all other provisions of the Contract not affected by such invalidity or unenforceability shall remain in full force and effect.
- Any notice given under the Contract must be in writing and sent by pre-paid first class post to the parties’ respective addresses and will be deemed effectively served on the second business day following the day of posting. LegalPlanz’ address for notices is 35 Manygate Lane, Shepperton, Middlesex TW17 9EQ.
- The construction, validity and performance of the Contract shall be governed by the law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.