By commissioning a Home Information Pack from KGN HIPs Limited you agree to be bound by the following terms and conditions. If you do not agree to these terms and conditions, please do not use our service.

1. About the company

1. KGN HIPs Limited is registered in England, company no. 6925463. Our registered office is at 10 Chapel Lane, Heckmondwike, WF16 9JR.

2. Our Agreement with you

2.1 After placing an order with us, commissioning a Home Information Pack, we will send you an e-mail acknowledging that we have received your order. We will regard your order as your offer to us to buy a Home Information Pack. All orders are subject to Acceptance by us and we reserve the right to refuse to accept your order for a Home Information Pack. If we accept your order, we will send you an e-mail or letter confirming that we have accepted your order for a Home Information Pack (“Acceptance”). The Agreement between us (“Agreement”) will only become of full force and effect when we send you our Acceptance.

2.2 In the event that you place an order to commission a Home Information Pack through our company, you warrant that: (a) you are legally capable of entering into binding contracts; and (b) you are at least 18 years old.

2.3 In the absence of exceptional circumstances, your order will normally be fulfilled within ten working days of our Acceptance, subject to any delays due to access to the property or delays with obtaining the necessary searches. This timescale only serves as a guide to you and therefore we shall not be responsible for any delays owing to holiday periods or other causes outside our reasonable control.

3. Charges and payments

3.1 The price of any Home Information Pack is as quoted in our Acceptance email or Acceptance letter.

3.2 In the event of a pricing error which is obvious or where any third parties levy any additional charges which we were reasonably unaware of at the time of Acceptance, for example any charges for a failed appointment by a third party properly attending to your property for purposes of any third party reports, we will be under no obligation to provide a Home Information Pack to you at the incorrect (lower) price, even after our Acceptance to you, and we will be entitled to correct/adjust our price to reflect the correct price/any additional charges. You will only be entitled to be provided by us with a Home Information Pack once you have paid our corrected/adjusted price.

3.3 Subject to clause 3.2 above, at the time of placing an order with us, commissioning any Home Information Pack, you will be obliged to make full payment of any sums due immediately at that time.

3.4 We will accept credit card, cash or cheque payments for Home Information Packs. If you wish to make payment by means of a credit card, you will require an email address so that payment can be made through PayPal checkout. Our invoice will guide you through this process. If you wish to make payment by means of a cheque, we reserve the right to delay processing your order until we are in receipt of cleared funds.

4. Your cancellation rights

4.1 Subject to clause 4.4 below, if you are a consumer and wish to cancel the Agreement for any reason, you may do so during the cooling-off period. The cooling-off period will be a period of seven working days from the day of our Acceptance in terms of clause 2 above. Please note that this does not apply to business-to-business transactions.

4.2 To cancel the Agreement you must notify us in writing by email or by post before the end of the cooling-off period.

4.3 Subject to clause 4.5 below, if you cancel the Agreement before the end of the cooling-off period, you will be refunded in full. Any refund will be made excluding any additional charges and will be processed to you as soon as possible and, in any event, within thirty (30) days of the day on which we received your cancellation notice.

4.4 Once we have sent you a Home Information Pack, the cooling-off period and your right to cancel the Agreement will not apply if you are a consumer.

4.5 If you cancel the Agreement at any time, you will remain responsible for any costs of any Third Party Reports to any third party from whom we have already ordered or obtained such Third Party Reports on your behalf in accordance with the provisions of clause 9 below.

4.6 If you cancel the Agreement at any time, we reserve the right to charge you for any costs incurred by us in ordering or obtaining Third Party Reports on your behalf.

4.7 Your statutory rights will not be affected by this clause 4.

5. Our rights of cancellation

5.1 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.

6. Information from you

6.1 You will be asked by us to provide us with information about your property that we deem necessary to produce a Home Information Pack once we have accepted your order. The specific questions we ask will vary from property to property. We will ask for this information in an e-mail or in a letter by post or in person. You will be required to provide the information by e-mail or in a letter by post or in person.

6.2 You may incur additional charges in obtaining information to send to us for our inclusion in the Home Information Pack. An example of such costs (but not limited to) 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.

6.3 We shall not be liable for any losses of any customer information forms sent to us and you are advised to take copies of all items prior to sending them to us.

6.4 Information provided by you 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 interested parties. It is imperative that all information provided by you to us is as accurate and complete as possible. You may be held liable for any false, misleading, inaccurate or incomplete information you provide.

6.5 You agree to notify us immediately if you become aware of any information that you have provided to us is incorrect, inaccurate, false or misleading.

6.6 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 if you provide us with any incorrect information, material or data.

7. Third Party Reports

7.1 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 property for sale.

7.2 The fee that we charge you for preparing a Home Information Pack includes our costs of obtaining certain specified Third Party Reports on your behalf.

7.3 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 KGN HIPs Limited are not a party to any such contract we make as your agent and we cannot sue or be sued upon it.

7.4 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.

7.5 In the event that you exercise your right to cancel an order in accordance with the provisions of clause 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 Agreement.

8. Our liability

8.1 Subject to clause 8.2, our entire liability to you in respect of these terms and conditions or any Agreement (whether in contract or tort, including negligence, or otherwise) shall be limited to a sum equal to the value of the Home Information Pack. You are responsible for making your own arrangements for the insurance of any excess loss, if required.

8.2 Clause 8.1 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.

8.3 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. Law and jurisdiction

9.1 These terms and conditions and any Agreements for the purchase of Home Information Packs (which are provided only for properties in England and Wales) through KGN HIPs Limited 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