Thank you for choosing e.surv to find a provider for your level 2 survey report (and, if applicable, your valuation) as specified in the quote you have been given (“Report”). This Payment Policy sets out the terms of our engagement by You and will form the legally binding contract between Us along with the quote which has been provided to You via email.
This Payment Policy is important and contains information about what we are providing, together with details of Your rights and commitments. You should read this Payment Policy carefully and only confirm our instruction where You are happy.
We have tried to set out this document in an easy to read and understand format but if you do have any questions, please contact Us and we will be happy to help.
We trade as e.surv Chartered Surveyors but our limited company name is e.surv Limited. Our registered company number is 02264161 and our address is Unit 1, Orion Park, Orion Way, Kettering NN15 6PP.
In these Terms and Conditions, any reference to “Us”, “We” or “Our” is a reference to e.surv Limited. Any reference to “You” and “Your” is to the person instructing Us to source the Report. Any reference to the “Property” is the property in respect of which you are seeking a Report, and which you have identified in the e.surv web page.
We are here to help so if you are unsure about anything, whether in relation to this contract or otherwise, please contact us for free on 0800 169 9661 (option 2) or [email protected] between 8.30 am and 6.00 pm, from Monday to Friday.
We will provide a referral and payment service. We have arrangements with professional independent surveyors. We provide a quote for your Report and introduce You to a third party surveyor who is registered with and regulated by the Royal Institution of Chartered Surveyors (RICS) as described below (Surveyor), who will conduct the survey and provide the Report according to Your instructions. You make payment to Us and We will then pay the Surveyor their fee, less Our processing fee. Please see below under “Description of Service”.
We charge a processing fee for Our services. This is included in the quote which We provide to You. Please see “Charges and Terms of Payment” below.
| The Consumer Contracts (Information, Cancellations and Additional Charges) Regulations 2013 say that in most cases, you can cancel within 14 days. If you agree to the services will start within this time, you may be charged for what you’ve used. The Consumer Rights Act 2015 says:
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully. |
2.1 In summary We will do the following:
2.2 You have already provided to Us some personal and Property details in Our web page, to which these Terms and Conditions are linked. You agree that We shall pass to the Surveyor the personal and Property information which you have provided to Us. We pass this to the Surveyor for the purposes of the Surveyor carrying out the Surveyor Services. (Please see clause 10 below in relation to how We treat personal information.) Please note that if You opt out of this provision via the tick box on Our web page to which this payment policy is linked, We will not be able to provide Our services and no contract will be formed.
2.3 The Surveyor will contact You in relation to arranging an appointment for the survey to be carried out. The Surveyor will be able to give you an indication of timescales for preparing your Report. You will need to enter a separate contract with the Surveyor on the Surveyor’s terms of engagement, which will set out the scope of the Surveyor Services. Please ensure you are happy with the Surveyor’s terms of engagement; e.surv is not a party to them and has no input into them. You will not need to pay anything to the Surveyor because you will have already provided Payment to Us and We will pay the Surveyor for You.
2.4 For the avoidance of doubt, We are simply introducing You to the Surveyor and taking the Payment. We do not conduct the survey or produce the Report for You.
3.1 We charge a processing fee for Our services. As stated above, the Payment which You make includes Our processing fee and the Surveyor’s fee for the Surveyor Services.
3.2 Your Payment is due in full to Us before we introduce You to the Surveyor and before the Surveyor carries out the Surveyor Services. We retain Our processing fee out of the Payment and pay the rest to the Surveyor for the Surveyor Services.
3.3 Your Payment is deemed to be Your acceptance of the quote and this contract.
3.4 No additional amount will be charged to You in respect of Our Services or the Surveyor Services, unless any information You have provided to Us proves to be inaccurate, incomplete or misleading. If You change any of the information provided after You have made Payment, and this change affects the cost of the Surveyor Services, We reserve the right to charge You an additional amount to cover that additional cost. If the information you have provided is discovered to be incorrect or misleading at the time the survey takes place and the Surveyor cancels the Surveyor Services in accordance with its terms of engagement, then no refund of the Payment will be due to You and this contract will terminate immediately.
4.1 You are responsible for checking that the personal and Property information which you have provided to Us is correct – We do not verify the information You provide before producing the quote. If the information is inaccurate, incomplete or misleading this may affect the cost of the Surveyor Services – please see section 3 above. If You need to change any of the information You have provided please contact Us on the contact details set out in the Introduction.
4.2 You are responsible for checking that You are happy with the Surveyor and Surveyor’s terms of engagement. You will enter into these terms directly with the Surveyor.
4.3 You agree to make the Payment to Us.
5.1 We are a member of the LSL Property Services plc group of companies (LSL Group) and details of other group companies can be found at www.lslps.co.uk/who-we-are/our-brands. An LSL Group company may or may not be involved with Your mortgage provider (if applicable). We are obliged to advise You of this potential for Conflict of Interest, however We are satisfied that we have information barriers and procedures in place to mitigate the risk of any such conflict causing a disadvantage to Your position and that proceeding is in the best interests of all those who are or may be affected. Should You choose to make Payment We will deem that as being Your informed consent to the potential for conflict.
6.1 No one other than a party to this contract has any right to enforce any term of this contract.
7.1 You have the right to cancel this contract within 14 days without giving any reason. However, You do not have the right to cancel if You request for Us to start providing Our services during the cancellation period and Our services are fully performed during this period (i.e. the introduction is completed and Payment is taken).
7.2 The cancellation period will expire after 14 days from the day of the conclusion of the contract.
7.3 To exercise the right to cancel, You must inform Us of Your decision to cancel this contract by a clear statement (e.g., a letter sent by post or email) using the contact details set out in the Introduction. To meet the cancellation deadline, it is sufficient for You to give us Your communication concerning your exercise of the right to cancel before the cancellation period has expired. Following such cancellation We will reimburse the Payment to You without undue delay and in any event no later than 14 days after We received Your notice of cancellation.
7.4 We will not start providing the services during the 14-day cancellation period unless You ask Us to by completing the tick box on Our web page to which this payment policy is linked. We are not obliged to accept Your request. By completing the tick box, You acknowledge that You will lose your right to cancel this Contract once the services are fully performed.
7.5 If You request us to immediately begin Our services, and You then wish to cancel Our services, then:
7.6 Clauses 7.5 a) and b) also apply if the 14 day cancellation period has expired and You then wish to cancel the services.
7.7 Where We have performed Our services but You do not accept the Surveyor’s terms of engagement, We shall refund the Payment to You as soon as possible and this contract will then terminate automatically.
7.8 Where We have performed Our services but the Surveyor considers in their professional opinion that the requested Level 2 Survey is inappropriate, then as long as the information You have provided is accurate, complete and not misleading, We shall refund the Payment to You as soon as possible and this contract will then terminate automatically.
7.9 This does not affect the rights You have if Our services are faulty. A summary of these rights is provided at the top of this contract.
8.1 We will not have any liability to You in any circumstances unless it has been proven that We are in breach of contract, or where it has been proven that We have breached a duty of care owed to You.
8.2 We do not provide the Surveyor Services. We give no warranties in relation to the Surveyor Services and We do not accept any responsibility or liability for the Surveyor Services. Your rights in respect of the Surveyor Services are against the Surveyor. Any complaint in relation to the Surveyor Services must be directed to the Surveyor in accordance with their complaints handling policy. That policy will be set out in the Surveyor’s terms of engagement.
8.3 If either You or We are in breach of the arrangements under this contract, neither of us will be responsible for any losses that the other suffers as a result, except those losses which are a foreseeable consequence of the breach.
8.4 We will also not be liable to You for any loss or damage caused by You. You will also be required to demonstrate any loss that You claim to have suffered and We will not be liable for any loss that You are unable to demonstrate.
9.1 If there is any aspect of Our service with which You are not happy (including complaints about our bills), please visit Our website (www.esurv.co.uk) for details of Our complaints procedure.
9.2 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this payment policy. They are a summary of some of Your key rights. For more detailed information on Your rights and what You should expect from Us, please:
10.1 Where We obtain information about You, We will keep that information confidential and only share that information to the extent necessary to provide services to You. We will receive a copy of the Report from the Surveyor which We will store confidentially. The Report may be used by Us in carrying out quality control checks.
10.2 We may use any data that We collect or create in relation to the services for business analytics purposes in order to improve Our services.
10.3 Our Privacy Policy is available at https://www.esurv.co.uk/privacy-and-cookies/. Please refer to the Surveyor’s privacy notice for details of how it deals with Your information. The Surveyor will be able to direct you to its privacy notice.
10.4 Your privacy and personal information is important to Us. Any personal information that You provide to Us will be dealt with in line with Our Privacy Policy, which explains what personal information We collect from You, how and why We collect, store, use and share such information, Your rights in relation to Your personal information and how to contact Us and supervisory authorities if You have a query or complaint about the use of your personal information.
10.5 In summary, We will use the personal information You provide to Us:
10.6 We may also pass your personal information to trusted third parties based in the UK, who assist specifically with providing Our service to you (e.g. IT platform providers). Please contact Us if You would like to receive a list of these trusted third parties.
11.1 We will try to solve any disagreements quickly and efficiently. If you are not happy with the way We deal with any disagreement and You want to take court proceedings, You must do this in the English Courts and English law will apply.
By agreeing to this payment policy You acknowledge and agree: