| Terms and Conditions of Service |
DEFINITIONS
"HIP Manager" is a trading style of Monkey UK Limited.
"We, Our or Us" shall imply HIP Manager.
"HIP" is an acronym for Home Information Pack
"Service(s)" shall mean any or all of the services provided by HIP Manager.
"The User" the authorised individual(s) who will use the Service under the terms and conditions described herein.
"Payment Service Provider" The Company responsible for collecting payments from the User to utilise the Service.
"Credit Facility" refers to an agreed arrangement between HIP Manager and the User to offer deferred payment on services via a monthly invoicing system.
"The website" refers exclusively to the HIP Manager website at www.HIPManager.com
PAYMENTS
The User will be required to remunerate payment for any HIP or sub component of the HIP before we commence with the processing of the order unless otherwise agreed by HIP Manager and the User.
If payment for any order is made by cheque or bank transfer then processing will commence only when we have received confirmation of cleared funds on our account, unless agreed otherwise.
All orders are accepted on the basis that the individual who is placing the order is liable for payment or authorised by his/her respective company to initiate the order.
CREDIT FACILITIES
HIP Manager withhold the right to offer Credit Facilities to Users on the basis that they are compliant with our criteria for offering such services.
A User with access to Credit Facilities undertakes to ensure all invoices raised on their account are paid within the agreed term stated on the invoice. Failure to meet this requirement will result in interest being charged on the outstanding balance at 3% above the Bank of England Base Rate.
Failure to pay an invoice within the prescribed term may result in the withdrawal of all credit facilities and a demand to pay any outstanding credit currently owed on the account.
REFUND POLICY
Under the distance selling regulations we must inform all Users that our service begins immediately upon an order being placed. The User acknowledges that the decision to issue a refund will be held at the sole discretion of HIP Manager and will be based on the current status of the order in question. HIP Manager enter into legally binding contracts with the government and private companies to deliver a service to the User therefore no automatic refund right exist.
The User undertakes to ensure that the decision to order a HIP using the Service has been fully considered and HIP Manager reserve the right to issue a refund at its sole discretion.
ENERGY PERFORMANCE CERTIFICATE APPOINTMENTS
Once an EPC appointment has been booked, the customer shall give HIP Manager at least 24 hours notice of a cancellation or possible reschedule. In the event that a Domestic Energy Assessor (DEA) attends an appointment and subsequently cannot gain access to the property, HIP Manager will request a rescheduling fee of £25 to cover costs associated with DEA transportation, time etc.
LIABILITY
The User undertakes to ensure that all information has been entered onto the website accurately and in full. The User accepts full liability for such information and acknowledges that the information will be used to fulfil the order without intervention or validation.
HIP Manager shall not be responsible for any loss of data resulting from delays, corruption of data, nondeliveries, misdeliveries or service interruptions.
Except to the extent of HIP Manager's gross negligence or wilful misconduct, neither HIP Manager nor any of its subsidiaries or network service providers will be responsible for any unauthorised access to the User's account details or for unauthorised access to or alteration, theft or destruction of User information as a result of a breach in security, or through accidental or divisive means.
In no event will HIP Manager be liable or responsible to Users of the Service for any type of incidental, punitive, direct, indirect or consequential damages, including, but not limited to, loss of revenue, lost profits, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment, even if advised of the possibility of such damages, whether arising under theory of contract, tort (including negligence), product liability, strict liability or otherwise.
Notwithstanding anything to the contrary in this agreement, HIP Manager's maximum liability under this agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual pound sterling amount paid by the Customer for the Services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.
INDEMNIFICATION
Users of the service agree to indemnify and hold harmless HIP Manager (including, but not limited to, HIP Manager's officers, agents, partners, employees and subsidiaries from any claim arising from the User or any third party as a result of using the Service.
The Service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement.
HIP Manager expressly disclaims any representation or warranty that the Service will be error-free, secure or uninterrupted.
No oral advice or written information provided or published on the Website by HIP Manager or its employees will create a warranty; nor may Users rely on any such information for advice. HIP Manager and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the Service.
COMPLAINTS PROCEDURE
If you have a complaint our formal written complaints procedure is designed to handle your complaint speedily and fairly. Complaints will be acknowledged within 5 working days of receipt and will normally be dealt with fully within 4 weeks of its receipt. If there are valid reasons for the consideration taking longer, you will be kept fully informed in writing or via telephone or email as you prefer and receive a response at the very latest within 8 weeks. If requested, we will liaise with counselling organisations acting on your behalf; a final decision will be in writing or via email, as appropriate. If you are not satisfied with the final outcome, you may refer the complaint to the Independent Property Codes Adjudication Scheme and we will give you contact details. We will co-operate fully with the independent adjudicator during the resolution investigation and comply with any decision.
FORCE MAJEURE
No failure or omission between HIP Manager and the User to carry out or observe the terms and conditions of this agreement shall give rise to any claim against the other party if such failure or omission is the result of an event that is outside the reasonable control of that party (a 'Force Majeure Event').
SEVERANCE
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
GOVERNING LAW AND JURSIDICTION
The provisions set forth in this agreement shall be governed and construed by English law, and each party agrees to submit to the exclusive jurisdiction of English Courts.
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