Terms & Conditions
Please read these Terms of Service carefully before using Property Cert's web site.
By accessing Property Cert at www.PropertyCert.co.uk (the "Site") or by means of any other variation of the Property Cert domain name you are agreeing to the terms that appear below.
By using the Property Cert Web Site, you signify your agreement to these terms of use.
If you do not agree to these terms of use, please do not use the Site.
If you are uncertain, then please feel free to contact us at: 
We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes.
Your continued use of Property Cert Web Site following the posting of changes to these terms will mean you accept those changes.
4. Changes to these Terms of Service
1. Introduction
Property Cert's Site
is owned and operated by Property Cert who
are located in the United Kingdom.
All Content on the Site belongs to Property Cert as outlined in our Privacy Policy.
As a user, you will be able to access content on most areas of the Site without going through a registration process. On occasions there may be certain areas of the Site that are only accessible to you only if you register.
Property Cert reserves the right to suspend or terminate your access and use of the Site at any time. We may exercise this right with or without notice, and if applicable, notice will be given to your email address.
We agree to use our reasonable endeavors to maintain the Site in a fully operating and error free condition. However this cannot be guaranteed, and we do not accept responsibility for any defects that may occur or for any loss of profits, loss of data, costs or any consequential losses arising from your use or inability to use the Site.
You shall at all times use the Site in such a way that ensures full compliance with all applicable laws and regulations. You shall not use the Site to transmit or post any material, which, in our opinion, is malicious, defamatory, offensive, obscene, lewd, annoying, threatening or menacing in any way against any party by act of omission or commission.
Back to top
2. External Links
PropertyCert Site may contain hyperlinks or other references to third party web site's ("Third Party Sites") that Property Cert does not own or operate.
Such hyperlinks are provided for your reference only. PropertyCert makes no warranties or representations regarding the availability of, or the content located on or through Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites.
Property Cert does not endorse, sponsor, or review the content contained at the Third Party Sites to which hyperlinks on the Property Cert is directed.
Nor does Property Cert represent that such Third Party Sites are appropriate for children, in compliance with laws, or are what they purpose to be.
Property Cert does not accept any responsibility or liability for content contained at such Third Party Sites. Likewise, the parties who own, control, or operate the Third Party Sites at which such hyperlinks are directed do not necessarily have knowledge of, endorse, sponsor, or approve of the hyperlink or content contained within PropertyCert Site.
PropertyCert is not responsible for the privacy policies of such Third Party Sites.
Your participation and dealings with and interest in any form in promotions, services, offers of merchants, advisors, providers, agents and associates found on or via Third Party Sites unless explicitly stated by us, are solely between you and the person with whom you are dealing.
Should any dispute arise between you and the other party we may assist you at our discretion but shall not be responsible for any loss costs or damages that may arise from any such dealings.
Back to top
3. Privacy Policy
Any information that you provide about yourself to Property Cert will only be used in accordance with our Privacy Policy. Please note that the Privacy Policy does not apply to Third Party Sites.
Back to top
4. Changes to these Terms of Service
Property Cert reserves the right to change or modify these Terms of Use at any time without notice to you. Please read these Terms of Service carefully, as you are bound to comply with the provisions herein.
Back to top
5. Liability
Property Cert assumes no responsibility and shall not be liable for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site.
In no event shall Property Cert be liable for any injury, loss, claim, damage, or any exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including but not limited to lost profits) whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with:
(a) Any use of Property Cert Site or content found therein,
(b) Any failure or delay (including, but not limited to) the use of or inability to use any component of the Site.
(c) The provision of or failure to provide services.
(d) Any information, software, products, services and related graphics obtained through the Site.
Property Cert liability shall not be limited in the case of death or personal injury directly caused by Property Cert negligent act or omission.
Back to top
6. Indemnity
You shall indemnify and keep Property Cert indemnified against all actions, claims, losses, costs (including all legal costs actually incurred or otherwise), damages and expenses that are suffered or incurred by PropertyCert whether or not reasonable or otherwise foreseeable or avoidable which arise directly or indirectly from any breach or alleged breach by you of any of these Terms and Conditions.
Back to top
7. Intellectual Property
All content, software and data on or relating to the Site, is the property of Property Cert. None of the software, data or content found on the Site may be reproduced, republished, distributed, posted, sold, transferred, linked to or modified without the express written permission of PropertyCert.
Back to top
8. Contacting Us
If you have any queries concerning these Terms & Conditions, your personal information or any questions on our use of the information, then please feel free to contact us.
Back to top
9. Terms of Business
9.1) Commissioning a Home Information Pack / Enery Performance Certificate
9.1.1 By placing an order to commission a Home Information Pack or an Energy Performance Certificate through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
9.2) How the contract is formed between you and us.
9.2.1 Our site allows you to request details of costs for the preparation of a Home Information Pack for the property specified. We will respond to you by email or by giving you an online quote based on the information you have provided to us. All costs quoted by us are valid for one month only. You can then decide if you wish to place an order on that costs basis via our website. We would stress that if the property is leasehold or unregistered there may be additional charges made by third parties for the supply of information necessary to complete your Home Information Pack. These charges do not form part of the costs quoted by us.
9.2.2 After placing an order to commission a Home Information Pack, you will receive an e-mail from us acknowledging that we have received your order. Your order constitutes an offer by you to us to buy a Home Information Pack. All orders are subject to acceptance by us, when we will send you an e-mail confirming that we have accepted your order for a Home Information Pack (the Order Acceptance). The contract between us (Contract) will only be formed when we send you the Order Acceptance.
9.2.3 If you have asked us to supply more than one Home Information Pack, the same acceptance procedure will apply to each individual Home Information Pack.
9.3) Price and Payment
9.3.1 The price of any Home Information Packs is as quoted on our site/in our costs quote from time to time, except in cases of obvious error. These prices include delivery to you of the Home Information Pack online only and show our prices both inclusive and exclusive of VAT. Additional charges apply if you require the Home Information Pack to be sent to you by post or other means.
9.3.2 It is always possible that, despite our best efforts, some of the Home Information Pack pricing information on our site may be incorrect, especially where third parties preparing parts of the Pack for you do not work on a fixed fee basis. We will normally verify prices as part of our Order Acceptance. We are under no obligation to provide a Home Information Pack to you at the incorrect (lower) price, even after we have sent you an Order Acceptance, if the pricing error is obvious and unmistakable or where any third parties levy any additional charges.
9.3.3 Payment for Home Information Packs may be made by the means detailed elsewhere on our site.
9.4) Your rights of cancellation, refund and replacement
9.4.1 Please note that if you are a consumer you have a cooling-off period in which you can withdraw from the Contract for any reason, subject to the provisions of clause9.4.3 below. This cooling-off period ends seven working days from the day after the Contract was confirmed and you receive our Order Acceptance in accordance with clause 9.2.1 above. If you wish to cancel your order you must notify us within the prescribed period by email or post. This provision does not apply to business to business transactions.
9.4.2 To cancel a Contract, you must inform us in writing by email or by post.
9.4.3 If you are a consumer, the cooling-off period and the right to cancel a Contract will not apply where:
(a) a Home Information Pack has already been issued to you; and
(b) you have already opened any emails or sealed envelope containing a Home Information Pack.
9.4.4 Subject to clause 9.4.7, contracts cancelled by you within the seven-day cooling-off period will be refunded in full, excluding any costs already incurred by Property Cert to 3rd party providers in respect of your order, and excluding the costs of posting the Home Information Pack to you. You will be responsible for the cost of returning any Home Information Pack to us.
9.4.5 We will usually refund any money received from you using the same method originally used by you for pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation.
9.4.6 Any cancellations of or refunds for Home Information Packs other than in accordance with the cooling-off period referred to above will be at our sole discretion.
9.4.7 If you cancel the Contract you will remain liable for the costs of any Third Party Reports already ordered or obtained by us on your behalf in accordance with the provisions of clause 9.9.
9.4.8 This clause 9.4 does not affect your statutory rights.
9.5) Information provided the customer and our Home Information Packs Delivery Policy
9.5.1 We will provide you with access to such online property questionnaires and other materials as we deem necessary for you to complete to give us the required information for us to assemble a Home Information Pack for you once we have accepted your order. We will provide a list of the specific documents that will be required though these will vary depending on the details of the property.
9.5.2 You will be required to complete such information in order for us to prepare a Home Information Pack for you.
9.5.3 You may incur additional costs in obtaining information to send to us for our inclusion in the Home Information Pack. An example of such costs might be Landlords or Managing Agents charges for providing a copy of a lease and other leasehold information. Any such costs are not included in our charges.
9.5.4 Unless there are exceptional circumstances, your Contract for a Home Information Pack will normally be fulfilled by making the Home Information Pack available to you online within fourteen working days of our receipt of your completed Customer Information Form.
9.5.5 Such timescale is for guidance only and we shall not be responsible for delays owing to holiday periods or other causes outside our reasonable control. The costs of making the Home Information Pack available to you online is included in your fee, but additional charges may be payable if you need the Home Information Pack by any other means, such as by CD Rom, Hardcopy printout or in the form of a Memory Stick / Card.
9.5.6 We shall not be liable for any losses of any Customer Information sent to us and you are recommended to take copies of all items prior to sending them.
9.6) Accuracy of information provided by you
9.6.1 It is important to note that the information you provide to us will form part of the publicly-available Home Information Pack upon which reliance may be made by potential or actual buyers, mortgage lenders and other parties. It is imperative that all information provided by you is as accurate and complete as possible. If the information you give about your property is inaccurate, incomplete or misleading in any way you risk legal claims against you, including for compensation.
9.6.2 You warrant that the information supplied by you when completing and submitting the Order Form is current, true, accurate and complete. You agree to notify us immediately if you become aware that any such information is inaccurate or incomplete in any way and let us have any updated information. If you provide us with an incorrect address or other information in your Order Form, you will still be liable to pay our fees once the Contract has been made between us.
9.6.3 You must ensure that any materials submitted to us do not infringe any applicable laws, regulations or third party right, (such as material which is obscene, indecent, pornographic, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party's intellectual property rights).
9.7) Your Registration
9.7.1 Any online registration provided when you commission a Home Information Pack is for a single user only. Responsibility for the security of any passwords or user names allocated to you rests with you. If you know or suspect that someone else knows your password, you should contact us immediately. Once the Home Information Pack is complete, passwords may be issued to third parties, such as prospective buyers, who wish to view it online.
9.7.2 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of these terms and conditions.
9.8) Our rights of cancellation
9.8.1 We reserve the right to refuse to accept your order for a Home Information Pack or suspend provision of a Home Information Pack immediately if you fail to comply with any of these terms and conditions or your previous actions give us reasonable grounds to believe that you may fail to do so in the future. If we exercise this right we shall notify you via email.
9.9) Obtaining reports from third parties
9.9.1 You acknowledge and agree that during our preparation of a Home Information Pack for you, it will be necessary for us to obtain reports from third parties on your behalf in relation to the Sale Property (Third Party Reports). These may include, but are not limited to:
(a) Energy performance certificates prepared by external government-licensed 'Home Inspectors' or 'Domestic Energy Assessors';
(b) home condition reports prepared by external government-licensed 'Home Inspectors';
(c) copies of records relating to the Sale Property held at the Land Registry;
(d) local enquiries, local land charges register searches, and drainage and water enquiries;
(e) any other specialist reports required.
9.9.2 Our fee for the Home Information Pack includes our costs of procuring certain specified Third Party Reports on your behalf. We will specify in our cost structure exactly what Third Party Reports will be included in your own Home Information Pack fee.
9.9.3 Our fees are based upon estimated costs of obtaining the Third Party Reports specified in our costs structure. In exceptional circumstances, the actual costs of procuring specific Third Party Reports may be higher than initially envisaged. In such circumstances we shall notify you by email accordingly of any additional fees you will incur prior to ordering such Third Party Reports on your behalf and will only proceed with your approval.
9.9.4 In the event that you delay any approval of increased Third Party Reports costs as referred to above, you acknowledge that it is likely to delay our preparation of your Home Information Pack and the non-inclusion of all necessary Third Party Reports may render your Home Information Pack incomplete and may mean that you do not comply with your legal obligations in this respect.
9.9.5 Where we obtain Third Party Reports on your behalf, you acknowledge and agree that we do so as your agent and we shall be permitted to disclose to the relevant party from whom we obtain any Third Party Report that we are acting on your behalf. As such, the contract for the provision of such Third Party Reports will be between you, as the disclosed principal and the provider of the Third Party Report and we at Property Reports Associates Limited are not a party to any such contract we make as your agent and we cannot sue or be sued upon it.
9.9.6 Whilst we shall use all reasonable endeavours to obtain any required Third Party Reports for you from suitably qualified and experienced third parties whom we reasonably believe to have the relevant degree of expertise and appropriate professional standing, you acknowledge that we are not liable for the contents of any Third Party Reports and/or any delay, errors or omissions by any third party providing such Third Party Reports.
9.9.7 As we will be obtaining Third Party Reports only as your agent, if you would like to see copies of any contract from third parties preparing such Third Party Reports in order to assess your rights and liabilities, we will forward these to you upon request, wherever reasonably practicable. You acknowledge, however, that this may result in slight delays in the preparation of your Home Information Pack.
9.9.8 You agree to indemnify us against all costs, claims, damages, losses and expenses arising as a result of any claim or action suffered by us in the event that we are deemed to be acting as your agent in obtaining any Third Party Reports for you or performing our other obligations under a Contract.
9.9.9 In the event that you exercise your right to cancel a Contract in accordance with the provisions of clause 9.4, we reserve the right to charge you for any costs incurred by us in ordering or obtaining Third Party Reports on your behalf prior to the date of cancellation of the Contract.
9.10) Our Liability
9.10.1 We are not responsible to you for any data that you lose as a result of accessing our site or the Home Information Pack, although we may make available to you again any lost Home Information Pack by re-issuing you with a password at our discretion. You must ensure that you save and back up all your data used for completing the Order Form.
9.10.2 We shall not be liable for any use made of your Home Information Pack or any information contained in it by third parties (whether fraudulently or otherwise) once your Pack has been made available to the public, whether via our website or otherwise.
9.10.3 We may make changes to the material on this site, or to the products, services and prices described in it, at any time without notice. The material on this site may be out of date.
9.10.4 The material on our website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this site.
9.10.5 Subject to clause 9.10.6, our entire liability to you in respect of these terms and conditions or any Contract (whether in contract or tort, including negligence, or otherwise) shall be limited to £250,000 which represents the level of our insurance cover and you are responsible for making your own arrangements for the insurance of any excess loss, if required.
9.10.6 Clause 9.10.5 does not include or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) for fraud or fraudulent misrepresentation by us; or
(c) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.10.7 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
9.10.8 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of these terms and conditions or any Contract by you, or your use of this site, or the use by any other person using your registration details or in any circumstances where we are held to be your agent.
9.11) Intellectual Property Rights
9.11.1 We are the owner or the licensee of all intellectual property rights in our site, in the material published on it, and in our Home Information Packs. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.11.2 In consideration of your Home Information Pack fee, we grant to you a non-exclusive, license for you to use the Home Information Pack solely for the purposes contemplated by the Home Information Pack Regulations. You are not permitted to resell your Home Information Pack.
9.12 Reliance on Home Information Packs
9.12.1 We stress that the information you provide to us about your property will form part of the publicly-available Home Information Pack upon which reliance may be made by potential or actual buyers, mortgage lenders and other parties, regardless of who paid for the preparation of the Home Information Pack. If the information you give about your property is inaccurate, incomplete or misleading in any way you risk legal claims against you from third parties, including for compensation.
9.12.2 Where you are unsure what information to include, how to answer any particular questions or where there are complex issues relating to your property you should seek specialist advice from a solicitor.
9.13) Website updates
9.13.1 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
9.14) Privacy Policy
9.14.1 We process information about you in accordance with our privacy policy http://www.propertycert.eu/Mainpages/privacy.php.
By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
9.15) Prohibited Use
9.15.1 Other than personally identifiable information, which is covered under the Privacy Policy any material you send to us will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
9.16) Linking to and from our site
9.16.1 Links to third party websites on this site are provided solely for your convenience. If you use these links, you leave this site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability and you use such third party websites entirely at your own risk. To learn more about third party links then please refer to Section 2 of our Terms and Conditions.
9.17) Written communications
9.17.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
This condition does not affect your statutory rights.
9.18) Notices
9.18.1 All notices given by you to us must be given to Property Cert Associates at;
Ty Sycamore, Station Road, Llangynwyd, Bridgend Borough, CF34 9TF.
We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or other method in future as our communication technology advances. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified email address of the addressee.
9.19) Transfer of rights and obligations
9.19.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
9.19.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, or any Home Information Pack, without our prior written consent.
9.19.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
9.19.4 Only the parties to a Contract may seek to enforce its terms.
9.20) Events outside of our control
9.20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract caused by events outside our reasonable control (Force Majeure Event).
9.20.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: any industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, power outage or electrical failure, theft of computers or related equipment, hostile computer act, telecommunications or internet failures, non-availability of third party data centers, acts of terrorism, civil riot or war).
9.21) Waiver
9.21.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
9.22) Severability
9.22.1 If any of these terms and conditions or any provisions of a Contract are deemed by any competent authority to be invalid, unlawful or unenforceable, such term, condition or provision will to that extent be severed from the remaining terms and conditions, which will continue to be valid to the fullest extent permitted by law.
9.23) Entire Document
9.23.1 These terms and conditions and any document referred to in them set out the entire agreement between us in relation to any Contract. They supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
9.23.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from negotiations between us prior to such Contract, except as expressly stated in these terms and conditions.
9.23.3 Neither of us shall have any remedy in respect of any untrue statement made by the other prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
9.24) Our rights to vary these terms and conditions
9.24.1 We have the right to revise and amend these terms and conditions from time to time.
9.24.2 You will be subject to the policies and terms and conditions in force when you order a Home Information Pack from us, unless we are required to make any change to comply with any laws (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Acceptance (where we shall assume that you have accepted the change, unless you notify us by email that you still wish to proceed with the Contract.
9.25) Law and Jurisdiction
9.25.1 These terms and conditions and any Contracts for the purchase of Home Information Packs (which are provided only for properties in England and Wales) through our site will be governed by English law. Any dispute arising from, or related to, such terms and conditions or Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales, although we retain the right to bring proceedings against you for breach in your country of residence or any other relevant country.
9.25.2 If you access this site from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
9.26) Security
9.26.1 Transaction Security
All transaction information passed between our website and the Payment Service Provider, Protx, is encrypted using 128-bit SSL certificates. No cardholder information is ever passed unencrypted and any messages sent to our servers from Protx are signed using MD5 hashing to prevent tampering.You can be completely secure in the knowledge that nothing you pass to the Protx servers can be examined, used or modified by any third parties attempting to gain access to sensitive information.We know of no documented cases of credit card fraud using our shopping system over the Internet.
9.26.2 Encryption & Data Storage
Once your credit card information is on the Protx system, all sensitive data is secured using the same internationally recognised 256-bit encryption standards used by, among others, the US Government. The encryption keys are held on state-of-the-art, tamper proof systems in the same family as those used to secure VeriSign's Global Root certificate, making them all but impossible to extract. The data held is extremely secure and is regularly audited by the banks and banking authorities to ensure it remains so.
9.26.3 Employee Access
No individuals within Protx or employees of Property Cert are able to decrypt transaction information or cardholder data. The system only allows access to the most senior staff and only in extenuating circumstances (such as investigations of Card Fraud by the Police). Your transaction information and customer card information is secure even from our own employees because our systems never display the full card numbers, even on administration screens.
If you would like to learn more information about our Payment Service Provider then please follow the link below:
http://www.protx.com/
9.27) Currency Of Transactions Accepted
9.27.1 Unless stated otherwise all transactions will be in GBP.