Terms & Conditions

1.1	The Definitions in this clause shall apply to these Conditions

	“Agents Report”	means a report ordered by the Purchaser which is prepared by a third party and delivered by the Seller.
	“Contract”	means the contract for the provision of Goods and Services by the Seller to the Purchaser to which these Conditions apply.
	“Customer Terms”	means the terms the individual accepts before the iDAML service is undertaken on them by the Seller, which can be found via the following link.
	“Goods”	means singly or collectively the Agents Report and/or the Report as determined by the Contract
	“iDAML service”	means the provision by iDAML of access to proprietary web applications to enable iDAML Clients to: (i) request and obtain ID verification reports; (ii)request address searches on individuals’ soft search on credit file for Know Your Client (KYC) and Anti Money Laundering (AML) purposes; (iii) communicate with Consumers; (iv) collect and analyse open banking data and other financial data to create source of funds reports (v) E-sign documents; and (vi) benefit from such additional services that may from time be made available by iDAML
	“Identity”	means the log in and password required to access the Site
	“Report”	means the report ordered by the Purchaser which is prepared by the Seller
	“Privacy Policy”	means the privacy policy that is provided to the individual when their personal data is collected, prior to the iDAML service being undertaken on them by the Seller, which can be found via the following link.
	“Purchaser”	means that person firm or company with an Identity (or more than one identity) who are supplied with the Goods and Services
	“Search Information”	means that information provided by the Purchaser to the Seller to enable the Services to be completed
	“Seller”	means Searchmove or any of its subsidiaries or associated companies from time to time
	“Services”	means those works undertaken by the Seller on behalf of the Purchaser in the preparation or delivery of the Report or the Agents Report
	“Site”	means the website of the Seller as updated from time to time used to provide the Services

1.2	Headings are for convenience only and shall be ignored in interpreting these conditions

2.1	These Conditions shall apply to the Contract and shall not be varied in any way except for the express written consent of the Seller

3.1	The Seller shall be under no obligation to accept any order made by the Purchaser

3.2	The Seller shall deliver the Goods either by securely posting them on the Site (to be accessed by the Purchaser using its Identity) or by e mail.

3.2.1

Should the Seller be unable to provide delivery by electronic means then delivery will be made by first class post to the Purchaser’s place of business

3.3	The Seller shall endeavour to provide the Goods within 3-5 working days from receiving the Purchaser’s order however shall not be placed under an obligation to adhere to these time limits.

3.4	In providing search reports and services we will comply with the Search Code.

4.1	The Purchaser agrees that:

4.1.1	the Search Information it provides is accurate in all respects
4.1.2	should it become aware of any inaccuracy of the Search Information that it will notify the Seller immediately
4.1.3	should the Search Information include a plan then the Purchaser shall permit the Seller to manipulate but not materially alter the plan to enable the Goods to be provided
4.1.4	it will use the Goods for their intended use only
4.1.5	it will only use the Goods for its own use or (should the Purchaser be a solicitor, or Conveyancer) the use of its client without the express written authority of the Sellerects
4.1.6	it will ensure that its Identity is used in the strictest confidence and shall advise the Seller immediately should it become aware or suspicious that a third party has access to it
4.1.7	it will use the Site in a professional manner and not commit or cause to commit any act that is likely to result in the Site malfunctioning in any way
4.1.8	prior to inputting information manually on behalf of the relevant individual, in order to carry out the iDAML service, the Purchaser will ensure it provides a copy of the latest Customer Terms and Privacy Policy to the individual via email and will provide evidence of compliance with this clause 4.1.8 at the request of the Seller.

5.1	Any intellectual property rights (without limitation these shall be deemed to include rights in copyright trade mark patent or database right) that arise as a result of the provision of the Goods or Services or in the contents of Site shall at all times vest in the Seller

5.2	The Purchaser nor any third party may without the prior written consent of the Seller use any trademarks for their own use or pass them off as their own

6.1	The prices payable for the Goods are those charged by the Seller in respect of the Goods at the time that an order is placed

6.2	All charges made by the Seller in respect of the Goods are subject to VAT

6.3	All invoices for the Goods are provided on the Site and are due within 30 days from the date the Goods are ordered by the Purchaser. It is the responsibility of the Purchaser to ensure that it has access to the Site

7.1	In the event of default in payment by the Purchaser the Seller shall be entitled without prejudice to any other right or remedy to:

7.1.1

suspend the provision of the Services without prior notice to the Purchaser

7.1.2

claim interest and all legal expenses incurred in the recovery of any unpaid sum in accordance with the Late Payment of Commercial Debts (interest) Act 1998 and/or

7.1.3

serve notice upon the Purchaser requiring immediate payment for all Goods supplied by the Seller under all contracts with the Purchaser whether or not payment is due or invoiced

8.1	The seller shall not be liable for any errors or omissions in reports supplied by third parties.

8.2	The Seller will not accept any liability for any error in a Report which is derived from a mistake or inaccuracy in the information provided to or accessed by the Seller from a public register or any other authority or third party

8.3	No liability will be accepted by the Seller should the Goods be used for any use other than that for which it was purchased

8.4	The Seller shall not be liable for any loss resulting from any inaccuracy in the Search Information

8.5	The Site shall be available at all times however the Seller accepts no liability should for any reason whatsoever access to the Site be disrupted

8.6	Should the Purchaser suffer loss as a result of the Sellers liability (excluding liability for consequential and indirect loss) then this for a single or series of related claims shall be limited to £2,000,000

8.7	The Purchaser agrees to indemnify the Seller for any losses that the Seller suffers due to the Purchasers non-compliance with clause 4.1.8.

9.1	The Seller shall not be liable to the Purchaser for any loss or damage which may be suffered by the Purchaser as a direct or indirect result of the supply of the Goods by the Seller being prevented hindered delayed or rendered uneconomic by reason of any Force Majeure Circumstances

9.2

In this Condition “Force Majeure Circumstances” shall mean any Act of God riot strike lock out trade dispute or labour disturbance accident breakdown systems fire flood difficulty or increased expense in obtaining staff or other circumstances whatsoever outside the reasonable control of the Seller affecting the provision of the Goods.

10.1

Should the purchaser wish to cancel its order once it has been submitted then it must do so in writing (including e mail) as soon as reasonably practicable thereafter. The Purchaser is placed on notice that this right does not extend to goods which have been personalised or supplied to the Purchasers specifications once performance of the provision of those services has commenced.

11.1	If Goods are delivered in accordance with plans supplied by the Purchaser or in accordance with descriptions given by it, the Purchaser shall indemnify the Seller for any infringement of the rights of a third party, such as patents, patterns or trademarks occasioned thereby.

12.1	Failure by either party to the Contract to exercise or enforce any rights conferred by the Contract shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or thereafter.

13.1

Notice hereunder shall be in permanent readable form and shall be deemed properly addressed if addressed to the party concerned at its principal place of business or last known address. Any such notice shall be taken to be used by the addressee two working days following the date of despatch of the notice by post or when the notice is sent by hand or given by facsimile or other electronic medium simultaneously with the delivery or transmission.

14.1	In the event of any provision of these Conditions being or becoming void in whole or in part the other provisions shall remain fully valid and enforceable and void provisions shall where appropriate, be replaced in accordance with meaning and purpose of these Conditions.

15.1	The Seller may assign any of its rights benefits or obligations arising under these Conditions without giving the Purchaser prior written notice.

15.2	The Purchaser may not assign or charge any of it obligations arising from these Conditions

16.1	A person who is not a party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any rights or benefits granted by these Conditions.

17.1	These Conditions constitute the entire agreement between the Seller and the Purchaser with respect to the subject matter of the Contract and supersedes all prior agreements, negotiations and discussions between the parties relating to it.

18.1	The Seller reserves the right to vary these Conditions from time to time

19.1	Should the Purchaser wish to contact the Seller in respect of the Goods or for any other reason then it may do so

19.1.1

in writing to : Searchmove Ltd, Richardshaw Business Centre, Richardshaw Road, Grangefield Industrial Estate, Pudsey, LS28 6RW; or

19.1.2

by email to info@searchmove.co.uk

20.1

These Conditions are governed exclusively by the Law of England and Wales and the jurisdiction of the Courts of England and Wales.

Independent Dispute Resolution

If you make a complaint and we are unable to resolve it to your satisfaction you may refer the complaint to The Property Ombudsman scheme (website www.tpos.co.uk , email: admin@tpos.co.uk ). We will co-operate fully with the Ombudsman during an investigation and comply with any final decision.

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