TERMS AND CONDITIONS

1    APPLICABLE TERMS

1.1    This page (together with our Privacy Notice, Cookie Policy, Terms of Website Use and Website Acceptable Use Policy) sets out information about the Supplier and the legal terms and conditions (Terms) on which the Supplier will provide the Services to the Client via the Website.

1.2    These Terms will apply to any contract between the Supplier and the Client for the supply of the Services (Contract). The Client should read these Terms together with the Basis of Assessment carefully and make sure that they understand them, before placing an Order notwithstanding that the Order may have been arranged by an Intermediary.  Before placing an Order, the Client will be asked to agree to these Terms and the Basis of Assessment. If the Client refuses to accept these Terms and/or the Basis of Assessment, they will not be able to order any Services.

1.3    The Client should print a copy of these Terms or save a copy of them for future reference.

1.4    The Supplier may amend these Terms from time to time. Every time the Client wishes to place an Order the Client should check these Terms to ensure they understand the terms which will apply at that time.

 

 

2    DEFINITIONS

2.1    In these Terms:

Acceptance: shall have the meaning given to it in clause 4.2;

Assessor: means an employee or contractor appointed by the Supplier to produce a Desktop Rebuild Cost Assessment Report;

Basis of Assessment: means the instructions and basis of assessment provisions specifying what costs are included or excluded from the Desktop Rebuild Cost Assessment Report and the assumptions and basis on which the Desktop Rebuild Cost Assessment Report will be prepared (such provisions being set out on the Website and also contained in the notes to the Desktop Rebuild Cost Assessment Report);

Charges: means the charges payable by the Client to the Supplier for the provision of the Services in accordance with clause 6;

Client: means the Party to whom the Services are supplied and who pays for the Services;

Confidential Information: includes, without limitation, business information and all documents, computer records, specifications, technical descriptions, records, drawings, designs and data relating to a Desktop Rebuild Cost Assessment Report and/or the provision of the Services;

Contract: shall have the meaning given to it in clause 1.2;

Desktop Rebuild Cost Assessment Report: means the desktop rebuild cost assessment report carried out by the Supplier or on its behalf in respect of the Property pursuant to which the Supplier estimates the rebuilding costs in the event of a total loss of the Property based on the gross external area and typical rates per square metre for the building use and type/quality of construction of the Property;

Disclaimer: means the disclaimer attached to a Desktop Rebuild Cost Assessment Report by the Supplier;

Force Majeure Event: shall have the meaning given to it in clause 16.3;

Group Company: means a company which is either a holding company or a subsidiary of a Party, or a subsidiary of that Party's holding company (as those terms are defined in section 1159 of the Companies Act 2006);

Insurance Company: means an insurance company who has granted an insurance policy to the Client in respect of the Property or who is considering granting such a policy or who has been approached to do so by the Client or the Intermediary;

Intellectual Property Rights: means copyrights, trademarks, domain names, rights in computer software and databases, know-how and any similar rights whether arising in the United Kingdom or elsewhere in the world;

Intermediary: means an entity which acts as an intermediary between the Client and the Insurance Company and which includes without limitation the Client’s insurance broker;

Materials: means documents, drawings, working papers or similar materials and any data or other information;

Order: means a request from the Client asking the Supplier to provide the Services;

Parties: means the parties to a Contract being, together, the Client and the Supplier and their respective successors in title; and Party means either of them;

Permitted Purpose: has the meaning given in clause 12.2;

Property: means the property, which must be located in the United Kingdom, Channel Islands or Isle of Man, the subject of a Desktop Rebuild Cost Assessment Report, details of which are set out in the Order;

Services: means the carrying out by the Supplier of a desktop rebuild cost assessment and production of a Desktop Rebuild Cost Assessment Report, as more particularly described on the Website together with the reminder service described in clause 8 of these Terms;

Supplier: means Rebuild Cost Assessment Limited a company incorporated in England and Wales with company number 09746801 (VAT number 232242352) whose registered office is at The Pavilion, Botleigh Grange Business Park, Southampton, Hampshire, SO30 2AF and whose main trading address and address for correspondence is Floor 1 Mey House, Bridport Road, Poundbury, Dorchester DT1 3QY;

Terms: shall have the meaning given to it in clause 1.1 and such terms will apply to each Contract; and

Website: means www.rebuildcostassessment.com, which website is operated by the Supplier.

2.2    The headings in these Terms are for convenience only and shall not affect their interpretation.

2.3    Any words following the terms including, include, in particular, for example or any other similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

 

 

 

3    YOUR USE OF THE WEBSITE

3.1    The Client’s use of the Website is governed by the Supplier’s Terms of Website Use and Website Acceptable Use Policy. The Client should take time to read these documents, as they include important terms which apply to the Client.

3.2    The person accessing the Website and placing the Order confirms, by placing the Order, that they have authority to bind the business on whose behalf they use the Website and place the Order.

3.3    In submitting an Order the Client confirms and warrants to the Supplier that it is either:

3.3.1    the owner of the Property; or

3.3.2    the lawful occupier of the Property; or

3.3.3    proposing to purchase the Property or a leasehold interest in the Property.

3.4    The Client confirms that it has read and understood the Basis of Assessment as made available to the Client prior to placing an Order.

3.5    The Client authorises the Supplier to send the Desktop Rebuild Cost Assessment Report directly to the Intermediary.

 

 

4    REQUEST FOR SERVICES

4.1    If the Client wishes to purchase Services, it shall place an Order via the Website through a secure link provided by the Supplier to the Client. The Order constitutes an offer by the Client to purchase Services in accordance with these Terms.

4.2    The Order shall only be deemed to be accepted when the Supplier issues written acceptance  of the Order (Acceptance), and no Order shall be accepted if the Charges have not been received in full and cleared funds, at which point and on which date the Contract shall come into existence.

4.3    The Client is responsible for ensuring that the information set out in the Order is complete and accurate.

 

 

5    SUPPLY OF SERVICES

The Supplier shall provide the Services for the Client subject to these Terms which shall govern the Contract to the exclusion of any other terms and conditions, express or implied.

 

 

6    PRICE AND PAYMENT

6.1    The Charges payable for the Services will be as notified to the Client by the Supplier prior to the Client submitting their Order. The Charges are exclusive of value added tax.

6.2    The Charges may change from time to time, but changes will not affect any Order already placed.

6.3    Payment of the Charges is due in advance and is payable when the Order is placed. The Supplier accepts payment by credit card, debit card or any other method specified on the Website from time to time.

 

 

7    DELIVERY

7.1    The Client authorises the Supplier to deliver the Desktop Rebuild Cost Assessment Report directly to the Intermediary by email or post, in either case to the email address or postal address notified by the Intermediary to the Supplier when arranging the Order.  The Supplier shall not be liable for the loss, misdirection or destruction of the Desktop Rebuild Cost Assessment Report after it has been either sent to the email address provided by the Intermediary for that purpose or placed in the Royal Mail posting system to the postal address provided by the Intermediary for that purpose. If the Client requires a copy of the Desktop Rebuild Cost Assessment Report to also be sent to them directly, the Client will advise the Supplier accordingly.

7.2    Any dates quoted for delivery of the Desktop Rebuild Cost Assessment Report are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Desktop Rebuild Cost Assessment Report that is caused by a Force Majeure Event or the Client's or Intermediary’s failure to provide the Supplier with adequate information or any other instructions.

 

 

8    REMINDER SERVICE

As part of the Services, the Supplier shall retain the Client’s contact details and a copy of the Desktop Rebuild Cost Assessment Report on its file and shall contact the Client on or around the Recommended Date to remind the Client that it may wish to consider obtaining an updated Desktop Rebuild Cost Assessment Report. For the purposes of this clause the Recommended Date means the period expiring 2.5 years from the date of the Rebuild Cost Assessment Report or such other time period in accordance with industry guidelines for the updating of rebuild cost assessments.

 

 

9    RISK AND TITLE

9.1    Responsibility for, and ownership of, the Desktop Rebuild Cost Assessment Report shall pass to the Client on delivery of the Desktop Rebuild Cost Assessment Report to the Intermediary.

9.2    The Intellectual Property Rights in the Services and in the Desktop Rebuild Cost Assessment Report shall at all times remain with the Supplier.

 

 

 

 

10    CONFIDENTIALITY

10.1    Neither the Desktop Rebuild Cost Assessment Report, nor any part or extract from it, may be included in any published document, circular or statement or otherwise by the Client without the prior written approval of the Supplier of the form and context in which it may appear.

10.2    Subject to clause 10.4 and 10.5, each Party shall keep confidential all Confidential Information and not use it except for the purpose of exercising or performing its rights and obligations under the Contract.  Each Party may disclose Confidential Information to a Group Company and to its or their respective employees, officers, professional representatives or advisers, sub-contractors and agents, provided that such persons:

10.2.1    need to know it in connection with the exercise or performance of that Party's rights and obligations under these Terms;

10.2.2    have been informed of the confidential nature of the Confidential Information divulged; and

10.2.3    agree to act in compliance with the confidentiality requirements in these Terms.

10.3    Neither Party will disclose Confidential Information to any third party or use it except as otherwise permitted in these Terms.

10.4    Notwithstanding any other provision of these Terms, it shall not be a breach of these Terms for either Party to disclose any Confidential Information pursuant to a court order or a binding request from a regulatory (or other analogous) authority with jurisdiction or from any other third party with power to require the disclosure of such information, provided that (to the extent it is permitted to do so) the affected Party gives all reasonable notice of such disclosure to the other Party.

10.5    Notwithstanding any other provision of these Terms, the Supplier may use the data gathered in the performance of the Services for its own business purposes but may only disclose such data to third parties in aggregated form and in a manner which does not identify a specific property or person.

10.6    Subject to the other Terms, the provisions of this clause 10 shall continue to apply notwithstanding termination of the Contract.

 

 

11    DATA PROTECTION

11.1    For the purposes of this clause 11:

11.1.1    Applicable Law means (a) any law, statute, regulation, by-law or subordinate legislation in force from time to time to which a Party is subject and/or which is applicable in any jurisdiction that the Services are provided to or in respect of; (b) the common law and laws of equity as applicable to the Parties (or either of them) from time to time; (c) any binding court order, judgment or decree as applicable to the Parties (or either of them) from time to time; or (d) any applicable direction, policy, rule or order that is binding on a Party and that is made or given by any regulatory body having jurisdiction over that Party or any of that Party’s assets, resources or business;

11.1.2    Data Controller has the meaning as defined in the Data Protection Legislation;

11.1.3    Data Protection Legislation means all applicable data protection and privacy legislation in force from time to time including, but not limited to, the General Data Protection Regulation (EU) 2016/679 (or GDPR); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC); the Privacy and Electronic Communication Regulations 2003 (SI 2003/2426) and any national implementing laws, regulations and secondary legislation (or all equivalent and/or related legislation enacted in the UK in respect of the protection of Personal Data and privacy at the expiry of the transition period provided for in the Withdrawal Agreement (as given effect in the European Union (Withdrawal Agreement) Act 2020)) (all as amended, updated, extended or re-enacted from time to time);

11.1.4    Data Protection Losses means all liabilities, including all: (a) costs (including legal costs), claims, demands, actions, settlements, interest, charges, procedures, expenses, losses and damages (including relating to material or non-material damage) and (b) to the extent permitted by the Data Protection Legislation or any Applicable Law: (i) administrative fines, penalties, sanctions, liabilities or other remedies imposed by a Supervisory Authority; (ii) compensation which is ordered by a Supervisory Authority to be paid to a Data Subject and (iii) the costs of compliance with investigations by a Supervisory Authority;

11.1.5    Data Subject has the meaning as defined in the Data Protection Legislation;

11.1.6    Personal Data has the meaning as defined in the Data Protection Legislation;

11.1.7    Privacy Notice means the Supplier’s privacy notice which can be found on the Website at www.rebuildcostassessment.com/privacy-policy.

11.1.8    Received Personal Data means any Personal Data which the Supplier receives from the Client pursuant to the performance of the Services;

11.1.9    Report Personal Data means any Personal Data in the Desktop Rebuild Cost Assessment Report;

11.1.10    Services Personal Data means any Personal Data which the Supplier receives pursuant to the performance of the Services (including Report Personal Data) but which is not Received Personal Data; and

11.1.11    Supervisory Authority means any regulator, authority or body responsible for administering Data Protection Legislation.

11.2    Both Parties agree to comply with all applicable requirements of the Data Protection Legislation in respect of the Contract and the Services.

11.3    The Parties acknowledge that for the purposes of the Data Protection Legislation

11.3.1    the Supplier is an independent Data Controller in respect of the:

(a)    Received Personal Data;

(b)    Report Personal Data; and

(c)    Services Personal Data; and

11.3.2    the Client is an independent Data Controller in respect of the:

(a)    Received Personal Data; and

(b)    Report Personal Data.

11.4    The Supplier will use Received Personal Data, Report Personal Data and Services Personal Data in accordance with the Privacy Notice. The Client should take time to read the Privacy Notice as it includes important terms which apply to the Client.

11.5    Without prejudice to the generality of clause 11.2, the Client will ensure that it has all necessary and appropriate consents and notices in place to enable lawful transfer of the Received Personal Data to the Supplier in accordance with these Terms.

11.6    The Client shall indemnify and keep indemnified the Supplier in respect of all Data Protection Losses suffered or incurred by, or awarded against, the Supplier arising from or in connection with any:

11.6.1    non-compliance by the Client with the Data Protection Legislation; or

11.6.2    breach by the Client of any of its obligations under this clause 11.

 

 

12    WARRANTIES AND LIABILITY

12.1    The Supplier warrants to the Client that the Services will be provided using reasonable care and skill but shall be subject to the provisos in clause 12.3. All other conditions, warranties and other terms which might have effect between the Parties or be implied or incorporated into these Terms, whether by statute, common law or otherwise, are hereby excluded.

12.2    The Desktop Rebuild Cost Assessment Report is produced solely for the purpose of assisting the Client, the Intermediary and the Insurance Company in calculating the correct level of insurance cover for the Property prior to any loss or damage suffered at the Property (Permitted Purpose). The Desktop Rebuild Cost Assessment Report cannot be used by the Client, the Intermediary or the Insurance Company for any other purpose (including use in respect of insurance claims and evidencing losses) without the prior written consent of the Supplier.

12.3    The Supplier shall have no liability to the Client for any liability, demand, loss, damage, costs, expenses or other claims for compensation arising as a result of:

12.3.1    any Materials supplied by the Client;

12.3.2    any instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, in the wrong form or late; or

12.3.3    any other fault of the Client or any person acting on its behalf.

12.4    Each Desktop Rebuild Cost Assessment Report is supplied subject to the following provisos:

12.4.1    the Supplier gathers information for the Desktop Rebuild Cost Assessment Report from a number of publicly available sources and uses such information in order to produce the Desktop Rebuild Cost Assessment Report. The Supplier cannot guarantee that the information gathered from these sources is complete, accurate or up-to-date and therefore that the information contained in the Desktop Rebuild Cost Assessment Report is complete, accurate or up-to-date;

12.4.2    the Client acknowledges that it is ordering a Desktop Rebuild Cost Assessment Report for which information is gathered online and that the Services do not include a physical survey or inspection of the Property and that neither the Supplier nor its employees, agents or sub-contractors will visit the Property for the purposes of carrying out the Services;

12.4.3    the Desktop Rebuild Cost Assessment Report has been prepared in accordance with and subject to the Basis of Assessment; and

12.4.4    the Client acknowledges that a physical site survey or inspection of the Property is likely to produce more accurate results than the results the Services are able to produce.

12.5    The Client hereby undertakes to indemnify and hold harmless the Supplier against any liability, damages, cost, expense, demand or loss which it (or any Group Company or an Assessor) may suffer together with all interest, penalties and reasonable costs and expenses which it or they may incur arising out of or in connection with:

12.5.1    any breach of these Terms;

12.5.2    any use of the Desktop Rebuild Cost Assessment Report or reliance thereon by someone other than the Client, the Insurance Company and the Intermediary; and

12.5.3    any use or reliance on the Desktop Rebuild Cost Assessment Report by any one outside of the Permitted Purpose.

12.6    Nothing in these Terms shall limit either Party's liability in respect of any claims:

12.6.1    for death or personal injury caused by the negligence of that Party and/or the employees, agents and/or sub-contractors of such Party;

12.6.2    resulting from any fraud including fraudulent misrepresentation made by such Party; and

12.6.3     for which liability may not otherwise lawfully be limited or excluded.

12.7    Subject to clause 12.5, in no event shall the Supplier be liable to the Client under contract, tort (including but not limited to negligence), breach of statutory duty or otherwise for any indirect or consequential damages including loss of profits, business interruption, loss of sales, loss of turnover and loss of opportunity even if the loss was reasonably foreseeable or either Party has been advised of the possibility of such damages.

12.8    Subject to clauses 12.5 and 12.6, the aggregate liability of the Supplier hereunder (howsoever caused) (including but not limited to any liability for the acts and omissions of the Supplier's employees, consultants, agents or sub-contractors) in respect of any breach of its obligations to the Client, the Insurance Company and the Intermediary (whether implied or express) arising under or in connection with the Contract whether in contract, tort (including but not limited to negligence), breach of statutory duty, restitution or otherwise will be limited to one million pounds (£1,000,000).

12.9    The Supplier’s Group Companies and the Assessors shall be entitled to enforce the provisions of this clause 12 as if they were a Party to the Contract.

12.10    This clause 12 shall survive termination of the Contract.

 

 

13    TERMINATION

13.1    The Supplier may at any time immediately terminate the Contract if for any reason it is not able to fulfil the Services. This may occur for example because the Supplier considers, acting reasonably, that the Property is not suitable for a desktop rebuild cost assessment.

13.2    In the event that the Supplier terminates the Contract in accordance with clause 13.1, a representative of the Supplier will contact the Client to confirm this and the Supplier will refund the Charges. A refund of the Charges will take 3 to 5 days to show in the Client’s bank account and such refund will be made using the same method of payment used by the Client to pay the Charges. 

 

 

14    THIRD PARTIES

14.1    In carrying out its obligations hereunder the Parties acknowledge that the Supplier is acting only for the Client and the following shall apply:

14.1.1    the Supplier shall not be required to take instructions in relation to a Desktop Rebuild Cost Assessment Report or the Services from anyone other than the Client; and

14.1.2    each Desktop Rebuild Cost Assessment Report is produced exclusively for the Client, the Insurance Company and the Intermediary only solely for the Permitted Purpose and the Supplier shall not be liable to any other third party (whether in contract, tort (including but not limited to negligence), breach of statutory duty, restitution or otherwise and howsoever arising) in respect of any inaccuracy, error, omission, unfitness for purpose, defect or inadequacy of any kind whatsoever in the Desktop Rebuild Cost Assessment Report.

14.2    Each Desktop Rebuild Cost Assessment Report shall contain a Disclaimer and the Client undertakes and agrees that it shall not remove or vary, or permit the removal or variation of, the Disclaimer without the Supplier's prior written consent.

14.3    If at any time the Client discloses or provides a copy of any Desktop Rebuild Cost Assessment Report or part thereof to any third party whomsoever:

14.3.1    the Client shall not alter or vary the content of such Desktop Rebuild Cost Assessment Report or the Disclaimer;

14.3.2    the Client shall take all reasonable steps to ensure that no third party shall remove the Disclaimer from any Desktop Rebuild Cost Assessment Report; and

14.3.3    the Client shall, save where the third party is the Insurance Company or the Intermediary, prior to or at the time of such disclosure notify the relevant third party in writing that the third party is not entitled to rely on the Desktop Rebuild Cost Assessment Report.

14.4    Save as otherwise provided in the Terms, the Parties intend that no term of a Contract may be enforced by a third party pursuant to the Contracts (Rights of Third Parties) Act 1999.

 

 

15    CONTACTING US

If the Client has any queries in relation to the Services, the Client may contact the Supplier by telephoning or emailing the Supplier’s customer service team using the telephone number or email address shown on the Website.

 

 

16    GENERAL

16.1    These Terms, and the documents referred to in them, constitute the entire agreement between the Parties, supersede any previous agreement or understanding and may not be varied except in writing between the Parties.  All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

16.2    Any notice required or permitted to be given by either Party to the other in accordance with these Terms shall be in writing addressed to the other Party at its registered office or principal place of business or at such other address as may at the relevant time have been notified pursuant to this provision to the Party giving the notice and shall be delivered by hand or sent by special delivery post.

16.3    Neither Party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a Party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics, pandemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.

16.4    No failure or delay by either Party in exercising any of its rights under these Terms shall be deemed to be a waiver of that right and no waiver by either Party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

16.5    If any part of the Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of any other Terms shall not be affected.

16.6    Nothing in these Terms is intended to or shall operate to create a partnership or joint venture of any kind between the Parties.

16.7    The Contract is personal to the Parties and may not be transferred or assigned in whole or in part save that the Supplier may assign to any third party provided that such assignee shall be bound by the terms hereof as if it were a Party.

16.8    The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by the law of England and Wales and the Parties agree to submit to the exclusive jurisdiction of the English courts.