Terms and Conditions
HIP DEA Limited (THE COMPANY) is a provider of Home Information Packs (HIP’s) or individual components such as ENERGY PERFORMANCE CERTIFICATES, or Floorplans.
1 Services and Deliverables to be Supplied
1.1 THE COMPANY will supply the client with agreed services and deliverables in accordance with and complying to HIP
legislation 2007 in respect of the property named in the invoice.
1.2 THE COMPANY will liaise with the client to arrange access to the property within 24 hours of instruction and the
EPC will be made available within 48 hours of access to the property. This timetable will be a good faith estimate of
the period required to perform the Services and deliver the Deliverables, and THE COMPANY will work diligently to
perform the Services in accordance with that timetable.
1.3 The method of delivery of the HIP will be via an Adobe PDF document, and will normally be via e-mail unless a
hard copy has been specifically requested and paid for. Email copies will be sent to the nominated Estate Agent and
any other interested parties as requested/instructed.
2 Charges & Payment
2.1 Charges - The Charges payable will be as quoted verbally or in writing via email. The Charges are All inclusive as
we are not VAT registered. Payments can be made by Cheque, Credt/Debit card or via 'Bank to Bank' transfer. Credit/
Debit cards do not attract a surcharge.
2.2 Invoicing & Payment Terms
a. Payment is required on presentation of invoices and in advance of provision of services, unless by prior
arrangement. The COMPANY will not provide confirmation that the HIP has been ordered until payment has been received
and a receipted invoice will be sent via email or via post.
3 Cancellation & Termination
3.1 Cancellation by the client
a. Where the client cancels all or any of the agreed services after the arrival of a representative of THE COMPANY
at the property to perform the services, a cancellation fee equating to 50% of the total Charges payable for those
services will be payable by the client.
b. In addition to these cancellation charges, any expenses and third party costs that are payable by THE COMPANY
in connection with the Services will be due.
c. If the client requests that all or part of the services be postponed to a date commencing more than one month after
the initial start date for provision of the Services or on an indefinite basis, this will be treated as a cancellation
and the provisions of this Clause will apply.
3.2 Cancellation by THE COMPANY
Where THE COMPANY terminates the services under Clause 4.3 or 4.4 a fee equating to 50% of the total Charges payable
for those services will be payable by The HIP client.
3.3 THE COMPANY may terminate the services involving the preparation of a HIP if in the course of preparing the HIP
it becomes aware that there is a conflict of interest or that the property does not require a HIP. Under these
circumstances there is no fee due.
4 Client Obligations
4.3 The client will ensure that the property is free from any foreseeable health and safety concerns and the
appropriate action is taken to minimise the risk to the assessor. This may include, but is not limited to building
works, hazardous materials, threatening or inappropriate behavior and animals.
5 Data Protection
5.1 Each party will ensure that it will, at all times during the Contract Period, comply with all the provisions and
obligations imposed upon it by the Data Protection Act 1998.
5.2 Any Personal Data that THE COMPANY receives about the client, or from the client, will only be used for the
purpose of providing the agreed services.
6. Confidentiality
6.1 Neither party, nor its Personnel or advisers, will use, nor disclose to any third party (other than for the purposes
of performing this Agreement), any Confidential Information or Personal Data. The parties agree that any Confidential
Information obtained from, or relating to, the disclosing party will be the property of the disclosing party.
7. Complaints Procedure
7.1 THE COMPANY will endeavour to provide a high level of service at all times. In the event of any complaint, the
parties agree that they will work together in good faith to resolve any disputes arising under this Agreement.
7.2 THE COMPANY has a written complaints procedure and will provide a copy on request.
7.3 Force Majeure – Except for any payment obligation, neither party will be liable for a delay or failure to
perform, obligations if that delay or failure is caused by circumstances beyond the reasonable control of that party
including, but not limited to: refusal or revocation of license, viruses in software, industrial dispute,
impossibility of obtaining materials or labour, or failure of any supplier or carrier to deliver or perform.
7.4 Governing Law - The laws of England will govern this Agreement and the parties submit to the exclusive jurisdiction
of the English courts.
7.5 Invalidity and Severability - If a court or administrative organisation with competent jurisdiction decides that a
provision in this Agreement is not valid this will not affect the rest of this Agreement. The parties will try to agree
on a suitable provision to replace the one that is invalid. The new provision should, as far as possible, achieve the
same economic, legal and commercial aims as the invalid one.
8. Third Party Reports
8.1 The client will co-operate fully with THE COMPANY in relation to the services by providing all such information as
is reasonably required to enable THE COMPANY to meet its obligations under this Agreement. This includes access to all
areas of the property and relevant documentation.
8.2 Searches
Whilst we shall use all reasonable endeavours to obtain any required Third Party Reports such as searches for you from
suitably qualified and insured 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.
Copyright Notice
HIP DEA Limited owns all copyright, database rights and all similar rights for this site and the information contained
in it both in the UK and elsewhere in the world. Anyone accessing this site is entitled to view any part of it and to
print or download extracts for personal, non-commercial use subject to the material not being used in a derogatory
manner, in a misleading context. If you wish to copy, reproduce, download, republish, post, broadcast, transmit, make
available to the public or otherwise use anything on this website, you must obtain prior written permission from HIP
DEA Limited.
No Warranty
This site and its content are provided without warranties of any kind, either express or implied. We accept no liability
for functions contained on the site and make no warranty that the site will operate uninterrupted or error-free or that
any defect will be corrected. We do not warrant that the site is compatible with your computer equipment or that the
site or its server is free of errors, viruses, worms or bugs and we shall not be liable for any damage you may suffer
as a result of such destructive features. These terms shall be governed by and interpreted in accordance with the laws
of England and Wales. Any dispute arising under these terms and conditions shall be subject to the exclusive
jurisdiction of the courts of England and Wales.
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