Welcome to WTG commercial

1. 1.1 WTG commercial Limited (“we”) are registered in England (company number 06156162) with trading address at Burnhill Business Centre, Provident House, Burrell Row, High Street, Beckenham, Kent BR3 1AT and VAT registration number TBC. We are the operator of the site www.wtgassociates.com.

1. 2.1 Subject to these terms and conditions, we will supply you with the following:

2. 2.2. Building Surveys

3. 2.3. Homebuyers Reports

4. 2.4. Commercial and Residential Products

5. 2.5 Services and Products applicable to the commercial and residential market

1. 3.1 We will provide you with a cost-quote prior to you placing an order. Once Your Information and Our Price have been agreed between us, and you have accepted these terms and conditions, we will arrange for completion of a the service requested for you and/or any Associated Services, subject to clause 3.2 below.

2. 3.2 After placing an order with us, for any product and/or any Associated Services, we will send you an e-mail acknowledging that we have received your order. We will regard your order as your request to be supplied with a product or service and/or any Associated Services. All orders are subject to acceptance by us and we reserve the right to refuse to accept your order for any product and/or any Associated Services. If we accept your order, we will send you an e-mail confirming that we have accepted your order for a product and/or any Associated Services (“Acceptance”). The agreement between us (“Agreement”) will only become of full force and effect when we send you our Acceptance.

3. 3.3 In the event that you place an order to commission a product and/or any Associated Services through our site, you warrant that: (a) you are legally capable of entering into binding contracts; and (b) you are at least 18 years old.

4. 3.4 The same acceptance procedure will apply to each individual product and/or any Associated Services, if you place more than one order with us.

5. 3.5 In the absence of exceptional circumstances, your Agreement for a product and/or any Associated Services will normally be fulfilled once we have sent a product or supplied and/or any Associated Services to you online within ten working days of our Acceptance, subject to any delays due to access to a property or delays with obtaining the necessary product. 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.

1. 4.1 Subject to clause 4.2 below, Our price for a product or service is as we agree at point of sale, except in cases of obvious error; and will be subject to change by agreement between you and us for any additional costs for Associated Services which you may require/order (“Our Price”). Our Price includes online delivery to you of a product and/or any Associated Services. Additional charges may apply to Our Price if you require the product and/or any Associated Services by any other means such as by CD Rom, or memory stick, or post, or other means (“Additional Charges”). These Additional Charges will be agreed with you prior to us sending the product and/or any Associated Services to you. As part of our Acceptance, we will normally specify and verify prices.

2. 4.2 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 (“Aborted Call Costs”), we will be under no obligation to provide a prodcut and/or any Associated Services 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 product and/or any Associated Services once you have paid our corrected/adjusted price.

3. 4.3 Subject to clause 4.2 above, at the time of placing an order with us, commissioning any product and/or any Associated Services, you will be obliged to make full payment of any sums due immediately at that time.

4. 4.4 We will accept credit card or cheque payments for products and/or any Associated Services. If you wish to make payment by means of a credit card, you will be required to provide us with the necessary details to effect the payment when placing an order. If you wish to make payment by means of a cheque, we will only proceed to process your order for any product and/or any Associated Services once we are in receipt of cleared funds.

1. 5.1 Subject to clause 5.4 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 (7) working days from the day of our Acceptance in terms of clause 3 above. Please note that this clause 5.1 does not apply to business-to-business transactions.

2. 5.2 To cancel the Agreement, you must notify us in writing by email or by post before the end of the cooling-off period.

3. 5.3 Subject to clause 5.6 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. However, please note that you will be responsible for the cost of returning any product and/or any Associated Services to us.

4. 5.4 Once we have sent you a product and/or any Associated Services, the cooling-off period and your right to cancel the Agreement will not apply if you are a consumer.

5. 5.5 If you request us to cancel the Agreement and/or to provide you with a refund in respect of a product and/or any Associated Services other than in terms of the cooling-off period referred to in clause 5.1 above, we will have the right to refuse to cancel the Agreement and/or to make a refund to you. If we decide, in our sole discretion, to cancel the Agreement and/or to make a refund to you, it would be subject to clauses 5.6 and 5.7 below.

6. 5.6 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 10 below.

7. 5.7 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.

8. 5.8 Your statutory rights will not be affected by this clause 5.

1. 6.1 If at any time we deem it necessary for purposes of providing you with a product and/or any Associated Services, we will require you to provide us with any necessary information/material/data which will enable us to do so (“Your Information”). If at any time you are not able to provide us with this information within a reasonable time, we will not be responsible to provide you with a product and/or any Associated Services, even after our Acceptance to you; and you will be responsible to pay any costs which we and/or any third party incurred in relation to providing you with a product and/or Associated Services as if the Agreement has been cancelled in terms of clause 5 above.

2. 6.2 If you incur additional costs in obtaining any information/material/data in respect of a product and/or any Associated Services, any such costs will not be included in our charges and you will be personally responsible to settle them in full.

3. 6.3 We shall not be responsible for any losses of any information/material/data that you provide us with and therefore we cannot be held liable for any such losses if they occur for whatever reason. Therefore, we recommend you to take copies of all of this information/material/data, before you provide us therewith.

1. 7.1 The Product and/or any Associated Services, which will include Your Information, may be made publicly available; depending on the type of product and or any Associated Services provided. Reliance may be made upon a product and/or any Associated Services, including Your Information, by potential or actual buyers, mortgage lenders, estate agents, enforcement authorities, and other parties. It is therefore imperative that all information/material/data provided to us is current, true, accurate and complete. If any information/material/data we are provided with is inaccurate, incomplete or misleading in any way, you risk legal claims against you.

2. 7.2 If you submit any information/material/data to us, you must ensure that it does not infringe any applicable laws, regulations or third party rights for example information/material/data which is obscene, indecent, pornographic, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party's intellectual property rights.

3. 7.3 You warrant that Your Information provided to us is current, true, accurate and complete. If you become aware that any of this information is outdated, untrue, inaccurate or incomplete in any way you will be responsible to notify us accordingly and let us have any updated information/material/data immediately without any delay. Please note that if you provide us with any incorrect information/material/data, we will have the right to cancel any Agreement with you and you will still be responsible for any sums due to us and/or any third party under any Agreement with you.

4. 7.4 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/data.

1. 8.1 If you register to Our Site when you commission a product and/or any Associated Services, your registration will be for a single user only. You will be responsible for the security of any passwords or user names allocated to you. If you become aware or suspect that someone else knows your password, you should contact us immediately without any delay. Once we have provided a product and/or any Associated Services available to you, passwords may be issued to third parties, such as potential or actual buyers, mortgage lenders, estate agents, enforcement authorities, who wish to view a product as applicable online.

1. 9.1 If you breach any of these terms and conditions, we may, in our sole discretion, suspend or cancel our Agreement, your registration, our provision of and/or your access to a product and/or any Associated Services to you immediately by sending you an e-mail to this effect and referring to this clause.

2. 9.2 Without prejudice to any right that you may have under these terms and conditions or otherwise, we reserve our right to reasonably suspend or cancel our Agreement, your registration, our provision of and/or your access to a product and/or any Associated Services for any reason and at any time whatsoever with immediate effect by sending you an e-mail to this effect and referring to this clause; for example if your previous actions give us reasonable grounds to believe that you may fail to comply with any of these terms and conditions in the future.

3. 9.3 In the event that we suspend or cancel our Agreement, your registration, our provision of and/or your access to a product and/or any Associated Services, you will be responsible to pay any costs which we and/or any third party incurred in relation to providing you with a product and/or Associated Services as if the Agreement has been cancelled in terms of clause 5 above.

1. 10.1 You acknowledge and agree that during our preparation of a product and/or any Associated Services for you, it may be necessary for us to obtain reports, other documents and information/material/data from third parties on your behalf (Third Party Reports).

2. 10.2 In determining Our Price, we depend on estimated costs quoted to us by third parties for preparing and providing us with Third Party Reports on your behalf. These third party costs are determined by these third parties and fluctuations in the financial market from time to time, both of which we cannot control. In exceptional circumstances, the actual costs of procuring specific Third Party Reports may be higher than initially envisaged. In such circumstances we shall notify you by email accordingly of any increase in Our Price, and the reasons for such increase, that you will incur, prior to ordering such Third Party Reports on your behalf, and will only proceed with your approval.

3. 10.4 If you do not provide us with your approval or you delay your approval of increased Third Party Reports costs as referred to in clause 10.3 above, you acknowledge that it may delay our preparation and/or our provision of a product and/or any Associated Services to you. The non-inclusion of any necessary Third Party Reports due to you not providing us with your approval or due to your delayed approval may render a product and/or any Associated Services to you incomplete. Please note that if any product and/or any Associated Services is/are incomplete, it could be found that you do not comply with your legal obligations in this respect.

4. 10.5 You acknowledge and agree that we act as your agent for purposes of any Third Party Reports that we obtain on your behalf to prepare and provide you with a product and/or any Associated Services. You acknowledge and agree that we are permitted to disclose to the relevant third party, from whom we obtain any Third Party Report on your behalf, that we act as your agent in this regard. Therefore, please note that the contract for the provision of such Third Party Reports will be between you (as the disclosed principal) and the party from whom we obtain the Third Party Report on your behalf. In the event of a breach of any of the terms and conditions of the agreement between you and the relevant third party from whom we obtain any Third Party Report on your behalf, we cannot sue or be sued upon it due to the fact that we are not a party to any such contract and merely acting as your agent on your behalf.

5. 10.6 We will use our reasonable endeavours to obtain the relevant Third Party Reports for you from suitably qualified and experienced third parties whom we reasonably believe to have the relevant expertise and appropriate professional standing. You acknowledge that we are not responsible for the contents of any Third Party Reports and/or any delay, errors or omissions by any third party providing such Third Party Reports and can therefore not be held liable for it in any way.

6. 10.7 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 in the event that we are deemed to be acting as your agent in obtaining any Third Party Reports for you and/or performing our obligations under an Agreement.

7. 10.8 If you cancel the Agreement at any time or if we suspend or cancel our Agreement, your registration, our provision of and/or your access to a Home Information Pack and/or any Associated Services at any time, you will be responsible to pay any costs which we and/or any third party incurred in relation to providing you with a Home Information Pack and/or Associated Services as if the Agreement has been cancelled in terms of clause 5 above.

1. 11.1 If you lose any information/material/data as a result of accessing Our Site and/or a product and/or any Associated Services, you acknowledge and agree that we are not and that we will not be held responsible for any such loss. In the event that you lose any information/material/data as a result of accessing a product and/or any Associated Services, we may make available to you again any such lost product and/or any Associated Services by re-issuing you with a password or by any other means at our sole discretion. It is your responsibility to ensure that you save and back up all your information/material/data provided to us.

2. 11.2 Once a product and/or any Associated Services has been made available to you and/or the public, whether via our website or otherwise, we shall not be liable for any use made of such aproduct and/or any Associated Services and/or any information/material/data contained in it by third parties (whether fraudulently or otherwise).

3. 11.3 The information/material/data on Our Site is provided “as is” without any other representations, conditions, warranties, guarantees and/or other terms of any kind. We accordingly exclude all representations, conditions, warranties, guarantees and/or other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to Our Site.

4. 11.4 Subject to clause 14 below, any liability to you arising from these terms and conditions, your access to Our Site, any Agreement and/or any related cause (whether in contract or tort, including negligence, or otherwise) shall be limited to a sum equal to the value of Our Price. You acknowledge and agree that you will be responsible for any excess loss and are responsible for obtaining insurance for any excess loss.

5. 11.5 Nothing in these terms and conditions limit in any way our liability for death or personal injury caused by our negligence and/or wilful default, fraud, fraudulent misrepresentation or deceit by us.

6. 11.6 We shall not in any circumstances be liable, whether in contract, tort (including negligence) or otherwise (even if foreseeable), for any loss of income or revenue, loss of business, loss of profits or contracts, loss of benefit, loss of production, loss of availability, loss of reputation, loss of goodwill, loss of use suffered or incurred directly or indirectly by you, loss of anticipated savings, loss of data, waste of management or office time; for any indirect or consequential loss or damage of any kind however arising and of whatsoever nature; and for any punitive or exemplary damages.

7. 11.7 You agree to indemnify, defend and hold harmless, and to continue to indemnify, defend and hold harmless us, any of our officers, directors, employees and agents from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of these terms and conditions or any Agreement by you, or your use of Our Site, or the use by any other person using your registration details or in any circumstances where we are held to be your agent.

1. 12.1 All intellectual property rights in Our Site, in the material/information/data published on it, and in our product and/or any Associated Services to you, either belongs to us as owner or as lessee thereof. All these rights are protected by copyright laws and treaties around the world. All these rights are reserved. Therefore, in the event that you breach any of these rights, you will be held responsible to the full extent allowed by the relevant laws and treaties.

2. 12.2 In consideration of your payment of Our Price for a product and/or any Associated Services, we grant to you a non-exclusive licence for you to use a product and/or any Associated Services solely for the purposes contemplated. You are not permitted to resell your Home Information Pack and/or any Associated Services. In the event that you do resell the product and/or any Associated Services that we provide you with, you will be held responsible for your breach to the full extent allowed by these terms and conditions, and the relevant laws and treaties.

1. 13.1 Further to clause 7 above, we emphasise that the information/material/data you provide to us about your property may form part of the publicly-available product and/or any Associated Services upon which reliance may be placed by potential or actual buyers, mortgage lenders, estate agents, enforcement authorities, and other third parties (regardless of who paid for the preparation of the product and/or any Associated Services). If the information/material/data you give about your property is inaccurate, incomplete or misleading in any way, you risk legal claims against you by third parties.

2. 13.2 We strongly recommend that you should obtain advice from a solicitor and/or other specialist where you are unsure what information/material/data to provide us with, how to answer us as to any particular questions we may ask you, or where there are complex issues relating to your property.

1. 14.1 We shall use all reasonable endeavours to ensure that our site is available at all times. However, we reserve the right to update Our Site, to change its content, to restrict or suspend access to it or to close it indefinitely or withdraw it completely, at any time, without notice, at our sole option and discretion; for example if and when we deem it to be necessary to allow for repairs, maintenance, for the introduction of new facilities or services, or for any other reason.

2. 14.2 Any of the information/material//data on Our Site may be out of date at any given time. However, we are under no obligation to update such information/material/data.

3. 14.3 You acknowledge and agree that we shall not in any circumstances be liable, whether in contract, tort (including negligence) or otherwise (even if foreseeable) for any claims, liability, damages, losses, costs (including reasonable legal fees) arising out of Our Site being unavailable in terms of clause 14.1 above and/or the information/material/data on Our Site being out of date in terms of clause 14.2 above.

1. 15.1 All information/material/data about you that we receive will be processed in accordance with our privacy policy (“View privacy policy”). By using Our Site, you consent to such processing and you warrant that all material/information/data provided by you are current, true, accurate and complete, and does not infringe any applicable laws, regulations or third party rights.

1. 16.1 Other than personally identifiable information/material/data, which is covered under the privacy policy (“View privacy policy”), you acknowledge and agree that none of the information/material/data that you provide us with under these terms and conditions or otherwise are confidential and/or proprietary; that we will have no obligations with respect to such information/material/data other than those specified under these terms and conditions; and that we and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such information/material/data and all images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

1. 17.1 Links to third party websites on Our Site are provided solely for your convenience. If you use any of these links, you leave Our Site. Representations made regarding products and/or services provided by any third parties are governed by the policies and representations made by them. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. You use such third party websites entirely at your own risk. We will not be liable for or responsible in any manner for any of your dealings or interaction with any of these third parties.

1. 18.1 You acknowledge and agree that communication between us will mainly be by electronic means through e-mails and/or information/material/data posted on Our Site, including but not limited to, agreements and notices; and that all such communications that we provide you with electronically, comply with any applicable legal requirement that such communications be in writing. This condition does not affect your statutory rights.

2. 18.2 All written communications, including notices, and/or any product and/or any Associated Services by you to us must be sent to WTG commercial at Burnhill Business Centre, Provident House, Beckenham, Kent BR3 1AT or at the e-mail address we provide you with from time to time. All written communications, including any notices, and/or any product and/or any Associated Services, by us to you will be sent to the e-mail or postal address you provide us with when placing an order, or in any of the means specified in clause 18.1 above. Any written communication, including any notice, and/or any product and/or any Associated Services will be deemed received and/or properly served immediately when posted on Our Site, immediately after an e-mail incorporating such communication, product and/or any Associated Services are sent (in the absence of any error causing such e-mail not to be received), or immediately after the posting of such communication, product and/or any Associated Services. In proving the receipt and/or proper service of any such communication, product and/or any Associated Services, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee and without any electronic indication of any error causing such e-mail not to be received; and in the case of post, that such post was properly addressed, stamped and placed in the post.

1. 19.1 Any Agreement between you and us is binding on you and us and on our respective successors and assigns.

2. 19.2 No Agreement, nor any of your rights and/or obligations arising under it, nor any product and/or any Associated Services, may be transferred, assigned, charged or otherwise disposed of by you without our prior written consent.

3. 19.3 We will be entitled to transfer, assign, charge, sub-contract and/or otherwise dispose of an Agreement, and/or any of our rights and/or obligations arising under it, at any time during the term of an Agreement.

4. 19.4 Only the parties to an Agreement may seek to enforce its terms.

1. 20.1 We will not be in breach of any of these terms and conditions and/or any Agreement and will not be liable and/or responsible for any failure to perform, and/or any delay in performance of, any of our obligations under these terms and conditions and/or any Agreement caused by any event outside our reasonable control (Force Majeure Event).

2. 20.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: fire, flood, disaster, power outage or electrical failure, any industrial dispute affecting any third party, theft of computers or related equipment, governmental regulations, hostile computer act, non-availability of third party data centres, telecommunications or internet failures, acts of terrorism, civil riot or war).

1. 21.1 If we fail to insist upon strict performance of any of your obligations under these terms and conditions and/or any Agreement with you, and/or if we fail to exercise any of the rights and/or remedies to which we are entitled, at any time during the term of an Agreement, this shall not constitute a waiver of any of those rights and/or remedies and shall not relieve you from compliance with any of your obligations.

1. 22.1 If any of these terms and conditions and/or any provisions of any Agreement with you are deemed by any competent authority to be invalid, unlawful and/or unenforceable, such term, condition and/or provision will to that extent be severed from the remaining terms and conditions, which will continue to be valid to the fullest extent permitted by law. However, should such an event occur, you or us shall be entitled to cancel that specific Agreement between us with immediate effect from the date of deemed receipt of a notice to that effect by us or you (as the case may be), referring to this clause. If any Agreement with you is cancelled in terms of this clause you will be responsible to pay any costs which we and/or any third party incurred in relation to providing you with a product and/or Associated Services as if the Agreement has been cancelled in terms of clause 5 above.

1. 23.1 These terms and conditions and any document referred to in them set out the entire agreement between you and us in relation to any Agreement. They supersede any prior agreement, understanding and/or arrangement between you and us, whether oral or in writing.

2. 23.2 We each acknowledge and agree that, in entering into an Agreement, neither of us has relied on any representation, undertaking or promise given by the other or implied by the other at any stage prior to such Agreement, except as expressly stated in these terms and conditions.

3. 23.3 Other than each party’s remedies provided for in these terms and conditions for breach of contract, neither of us shall have any remedy in respect of any untrue statement made by the other prior to the date of any Agreement (unless such untrue statement was made fraudulently or in a deceitful manner)

1. 24.1 You acknowledge and agree that we have the right to revise and amend these terms and conditions from time to time.

2. 24.2 When you order a product and/or any Associated Services from us, you will be subject to the terms and conditions and policies in force at that time, unless we are required to make any change to comply with any laws (in which case you acknowledge and agree that it will apply to orders previously placed by you), or if we notify you of any change to these terms and conditions or those policies before we send you our Acceptance (in which case you acknowledge and agree that we will be entitled to assume that you have accepted the change, unless you notify us by email within three (3) business days from the date of your deemed receipt of our notification of such change that you do not accept the change; in which case we will have the right to either not accept your order or to immediately cancel any Agreement with you by giving you notice to that effect and referring to this clause).

1. 25.1 These terms and conditions, any Agreements for the purchase of a product and/or any Associated Services (which are provided only for properties in England and Wales) through our site, and any dispute arising from, or related to, such terms and conditions and/or Agreements, will be governed and construed by English law. By using Our Site you consent and submit to the exclusive jurisdiction of the courts of England and Wales.

2. 25.2 If you access this site from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.