Terms & Conditions
Ref: V060510
Introduction
KeyHIPS is a primary market leader in providing Home Information Packs (HIPs).
KeyHIPS’ trading address is Unit 1 Hinksey Business Centre, North Hinksey Lane, Oxford, OX2 ONR.
KeyHIPS is a trading name of KeyAGENT Limited. Vat Registration Number: 924 5938 95. Registered Office Unit 1 Hinksey Business Centre, North Hinksey Lane, Oxford OX2 0NR. Registered in England and Wales under Number 07144564
Legal Contract. All orders placed by a customer either "Business" or "Private" are accepted based on the terms and conditions stated in this document. KeyHIPS will provide a bespoke service catering for your every need specified within the order, and consequently you will be waving your rights to a cooling off period to cancel the contract once the order is confirmed. The HIP process at KeyHIPS is bespoke and service based incurring costs from the point of payment. Many documents within the HIP are ordered directly from suppliers and so can not be refunded.
When you access, register with or request a quote from KeyHIPS or order a Home Information Pack or linked article, you consent to the assembly, use and transfer of your information, according to these Terms and Conditions. KeyHIPS will at no point be liable for consequential losses due to information provided in a KeyHIPS Home Information Pack.
Definitions
When payment is being made to KeyHIPS by the Seller, they are the "Customer" under these Terms and Conditions.
When payment is being made to KeyHIPS by the Estate Agent or other agent, they are the "Customer" under these Terms and Conditions.
When payment is being made to KeyHIPS by deferred payment by the Seller then the Seller is the "Customer" under these Terms and Conditions.
'HIP' means the Home Information Pack you are ordering from KeyHIPS either via our website, over the phone, email or by fax.
'Property' means the property for which the HIP is being compiled.
'Working Day' means Mondays to Fridays and does not include public holidays.
'Order Form' refers to our online and fax forms that need to be filled in and returned to KeyHIPS to order a HIP.
Production of HIPS by KeyHIPS
Access to your property. By purchasing a HIP from KeyHIPS you acknowledge that a domestic energy assessor (DEA) or Home Inspector will be provided access to your property to obtain the relevant information about your property to produce an Energy Performance Certificate (EPC) or Predicted Energy Assessment (PEA) and /or Home Condition Report. At a pre-arranged time it will be your responsibility to ensure that access is ensured. If access is not given at that pre-arranged time we as KeyHIPS reserve the right to cancel the production of your HIP or provide you a new date at which your HIP will be completed. If an appointment date is missed, KeyHIPS reserves the right to charge an additional fee to cover lost time and costs. If the HIP is cancelled due to this circumstance then you the customer will not be entitled to a refund.
Production. KeyHIPS will not be obliged to produce the HIP until all of the required information required by The Home Information Pack (No. 2) Regulations is available. Partially complete HIPs will not normally be provided in a printed copy format or as a CD hardcopy, unless pre-arranged.
Updating of the HIP. KeyHIPS will continually update the HIP as the relevant documents are collected from various sources until the HIP is complete, only after payment has been cleared. As well as this, when the HIP is completed, customers will be notified via email, with a downloadable link of the completed HIP, unless otherwise instructed. Updates on the progress of a specific HIP will also be available via our online tracking system. Parts of the HIP will become out-dated and it is the responsibility of the customer to keep the HIP updated. For KeyHIPS to update the HIP, this will incur extra costs.
Delivery. KeyHIPS will notify both the marketing Estate Agent and the customer when the HIP is complete. A downloadable link will also be sent to allow the marketing Estate Agent and customer access to download the completed HIP including all of the additional documents ordered at the time of purchase. Any additional documents ordered after the HIP is completed will be charged as a separate transaction, and will be subject to a variable timescale.
Delivery Time. We do our utmost to complete any HIP within the shortest time possible. Any completion time advertised on our website and within any promotional literature is provided as a standard time-frame for freehold properties. This is, however, subject to change and we are in no way liable if a specific HIP takes longer than the normal time as long as we have done everything in our power to get the HIP completed as quickly as possible. Water Companies and Local Authorities often cause delays in the HIP process, which are unavoidable as these are the only sources for the information.
Errors. It is you the customer’s responsibility to check the HIP for any errors. Errors must be reported within 14 days of receipt of the HIP. If the errors are found to be caused by KeyHIPS or an individual working on behalf of KeyHIPS the errors will be duly corrected and revised copies made available via a downloadable link. KeyHIPS however has no obligation to correct any other errors. Documents not supplied by KeyHIPS are verified by the chosen supplier to be accurate, valid and within legislation. Main suppliers used by KeyHIPS are all certified, accredited and hold documentation to prove compliance with government legislation. Please note documents provided by these suppliers can not legally be edited by KeyHIPS and must go back to the original supplier.
Content and Ownership of HIP
Content. KeyHIPS will include all information recommended by The Home Information Pack (No. 2) Regulations 2007. KeyHIPS may also include various other "authorised" documentation recommended by these regulations. KeyHIPS will keep up to date and comply with all new releases of the legislation. These documents can be ordered and paid for at any point before the HIP is completed but may cause delays to the original completion date of the HIP. KeyHIPS however has no obligation to include any other "Un-authorised" documents into the HIP.
Ownership of documents and licence terms. Your sole rights as a customer will be to possess, use and allow the use of the HIP for the sole purpose of complying with legal obligation to allow potential buyers of the property access to the HIP. Also you are not permitted and agree not to alter, remove, change, delete or obscure any content, copy right, trademark or other proprietary notices from the HIP.
Validity. During the compilation of the HIP some documents may become outdated. KeyHIPS has no obligation to update these discrepancies. Each document within the Home Information Pack has a different validity period ranging up to 3 years. Please note the HIP is a statement about a specific property at any one point in time. As soon as the document is produced it becomes less accurate as time moves on and thus will require updating.
Copies and Reproduction. KeyHIPS only takes responsibility for official copies of a HIP, provided to you by KeyHIPS directly. Any copies produced and used by yourselves are used at your own risk. KeyHIPS takes no responsibility for any updated HIPs which contain documentation provided by the customer.
STRICT RESTRICTIONS ON USE HAVE BEEN SET OUT BY THE The Home Information Pack (No. 2) Regulations 2007 AND IF THESE ARE NOT ADHERED TO THESE COULD RESULT IN A CLAIM AGAINST YOU OR KEYHIPS. YOU WILL BE RESPONSIBLE FOR ANY COSTS (INCLUDING LEGAL COSTS) KEYHIPS INCURS DURING ANY SUCH CLAIM.
Payment terms
Immediate Online Payment (by the customer) via credit or debit card through Secpay secure payment facilities
Immediate Payment (taken over the phone) via credit or debit card through Secpay secure payment facilities
BACS transfer
Direct Debit
Cheque
30 day accounts will only be permitted after satisfactory credit checks have been performed.
Payment provided by one customer on behalf of another customer will adhere to the same "Terms & Conditions" as any other processed order. Once the HIP is started, costs will be incurred. Please note if payment is processed online without the involvement of KeyHIPS then the customer (or the introducer) will take responsibility for the information provided and confirm at the point of payment that the information is correct and confirmed.
Deferred Payment
Deferred payment is possible for a KeyHIPS HIP. There will be an initial payment to pay for the service. This is a financing fee for the deferring of the payment. It is then your responsibility to alert KeyHIPS of the following: the property has been sold, the property has been taken off the market, Agent used for marketing has been changed, 6 months have passed. The full balance for the HIP will be directly debited when one of the above situations occur. Please note a separate contract with Terms & Conditions will be required to be completed for Deferred Payment to be accepted.
Data Protection
The personal information provided by you is seen only by those who require it in order to fulfil their employment duties of providing a service for you. The information you provide to us will also be used to improve our service to you, as well as increasing the safety and usability of our systems. We also reserve the right to use the information you provide to us, to collect any outstanding debts owed to KeyHIPS.
Third party companies are used within the HIP production process and will require access to information provided by the customer. KeyHIPS will provide this information on behalf of the customer.
The HIP (Incomplete or Complete) will become available to potential buyers either directly from KeyHIPS or through the marketing Estate Agent.
Please note telephone calls and email conversations may be checked and monitored for training and quality purposes. We may also contact you via mail, email, telephone, or other such ways to give you details of products, services, and promotions available from KeyHIPS and its associates unless you have specifically stated that you would not like to receive such information.
Website Terms of use
This website is operated solely by KeyHIPS (we) and its main function is to increase the public’s access to our company information.
General use of www.keyhips.com / www.keyhips.co.uk / www.keyhip.com / www.keyhip.co.uk. By entering, registering and downloading information from our website, the customer is accepting all responsibility for the risks associated with browsing the internet (viruses, trojans, etc) and is also accepting to be bound to the terms and conditions found within these KeyHIPS Terms and Conditions. You will be bound to our terms and conditions every time you enter and use the site. We do not accept any responsibility for damage or loss through using websites to which our website has links. If you access any of these websites through the links on our website, you are doing so at your own risk. In order to access our website, you must make use of the world wide web (www) and by you deciding to use the world wide web, you are also accepting that you are doing so of your own accord and are accepting the responsibility for the risk involved.
KeyHIPS prohibits any anti-competitive actions taken when using the KeyHIPS website such as (but not exempt to) software attacks, data searching, source code stealing etc. If any information is found to be incorrect in regards to an entry onto our database KeyHIPS may view this as anti-competitive which will result in court proceedings. If you have no intent in becoming a KeyHIPS customer and or form part of any organisation which could be seen as a competitor, registering on the KeyHIPS website to gain access to areas only viewable to customers may result in legal action. KeyHIPS records all IP addresses for roaming viewers which will allow the KeyHIPS legal team to pursue with legal action.
Updating of www.keyhips.com / www.keyhips.co.uk / www.keyhip.com / www.keyhip.co.uk. We reserve the right to change any part of our website and any point in our terms and conditions at any time, without prior notice to you. It is therefore advisable to check our terms and conditions on a regular basis and understand what we do with the information you provide to us. Wherever possible, we will endeavour to provide you with notice before any changes are implemented. For further queries regarding Data Protection or anything covered in our Terms and Conditions, correspondence should be sent either electronically to info@keyhips.co.uk or via post to KeyHIPS’ trading address stated above.
Viruses. At KeyHIPS we will engage in every action to try to ensure no viruses or disabling digital devices will be present on any of the products or communication we provide. However we at KeyHIPS hold no responsibility for any loss or damage caused by viruses or other disabling digital devices, and you the customer will be responsible ensuring they are checked for damaging viruses etc upon receiving your HIP or communication.
Cookies. Session variables are used on this site. No personal information is held on your computer outside of your visiting session.
Liability
Disclaimer. All information contained within the KeyHIPS website, marketing material, and/or Home Information Packs should not be construed as legal or financial advice. It should be used as a guide and professional advice should be obtained prior to using or refraining from any action based on any information provided by KeyHIPS.
Documents/ Information not prepared by KeyHIPS. Some documents and Information included within the KeyHIPS website and or HIP may be provided by various third party companies, over whom we have no control. And therefore we at KeyHIPS are not liable for any errors, omissions, inaccuracies, misleading, unlawful, or otherwise inappropriate information contained within documents or websites not prepared by KeyHIPS. Any complaints regarding any of this information, document or service which has not been prepared by KeyHIPS should be made by you directly to the third party concerned. Furthermore, any details provided by the Estate Agent or vendor is done so at their own risk. KeyHIPS accepts no liability for any documents’ discrepancies or errors that KeyHIPS has included within the HIP in good faith that the information provided is correct. Some documents may be recycled from external sources to be used within a HIP. KeyHIPS takes no responsibility for any documents not supplied by KeyHIPS directly and the legal requirements lie with the customer. These can include, amongst others, the Property Information Questionnaire, Proof of Ownership, Leasehold Documentation, or Energy Performance Certificate.
Providing wrong information to KeyHIPS at time of order. In the case that wrong information has been provided to KeyHIPS by the customer and KeyHIPS has acted upon this information in good will, the client will be liable to repay the difference to KeyHIPS. If this repayment is not made, KeyHIPS will not complete the Home Information Pack in question and no refunds will be given. (If a property is put through as Freehold but is actually Leasehold, the client must repay for all direct and indirect costs that have been made up to that point). The Sale Statement document is created automatically at point of order in accordance with the information provided. If any information is incorrect KeyHIPS cannot be held liable for this whether the order was placed online or over the telephone. All the documents within the HIP are property specific. Not providing the exact address and owner names in many cases will result in incorrect documents being produced and thus the HIP being incomplete and non-compliant for that specific property. In these cases the HIP will not be completed until the incorrect documents are re-ordered incurring costs payable by the customer. Please note due to advances in technology a great deal of Integration is used between multiple 3rd party suppliers. The benefits are fast turn around times, efficiency and accuracy but unfortunately it often results in not being able to cancel the documents ordered.
Payment provided by one customer on behalf of another customer will adhere to the same Terms & Conditions" as any other processed order. Once the HIP is started, costs will be incurred. Please note if payment is processed online without the involvement of KeyHIPS then the customer (or the introducer) will take responsibility for the information provided and confirm at the point of payment that the information is correct and confirmed.
Sending out incomplete HIPs. The Home Information Pack is a compilation of various documents. In the case when KeyHIPS cannot act without further details from you the customer, the HIP will be sent out after 28 days, incomplete. KeyHIPS will take the necessary steps to acquire the required documents but will not be held liable for missing information caused due to lack of information from you the customer or issues caused which have received a historical data trail but are still un-obtainable.
Since the 6th April 2009 new legislation requires that part of the HIP must be completed before a property may be legally marketed. (Front Page, Index, Property Information Questionnaire, Energy Performance Certificate, Sale Statement, Title Register, Title Plan OR SIMR). KeyHIPS will produce and make available the "Skinny HIP" to potential buyers when the above documents have been completed. The "Skinny HIP" will act as an Incomplete HIP utilising disclaimer reasoning within the Index to justify the other outstanding documents to complete the full HIP.
Liability for mistakes. We at KeyHIPS will not be liable for any loss or damage (in-contract negligence) where:
A. Duty of care has not been legally breached by us to you.
B. The resulting loss or damage is not a reasonably foreseeable result, of a breach of the duty of care.
OR
C. Any increase in loss or damage resulting from a breach by you of the contract signed upon ordering from KeyHIPS.
Nothing in the contract excludes or limits our liability for fraudulent misrepresentation or for death or personal injury caused by our negligence.
Nothing in the contract will affect your statutory rights apart from, by agreeing to these Terms and Conditions, you are waving your statutory rights to a cooling off period. If you wish to keep your statutory rights to a cooling off period, you must inform KeyHIPS at point of order and payment. KeyHIPS will then not start processing your HIP before this period has ended so that you the customer will be eligible for a full refund.
Order Cancellations/Refunds
Unless otherwise agreed by KeyHIPS in writing, the fees are payable prior to the commencement of the Services. The Services will commence immediately upon payment of the Fees and therefore the Fees are non-refundable under any circumstance.
Quotations
All quotes given by KeyHIPS are only valid at the point of issue. If, after such a period, KeyHIPS, at the Customer's request, agrees to supply the Services detailed in such a lapsed quotation this Agreement shall apply thereto.
Complaints Procedure
KeyHIPS - Complaints Procedure
KeyHIPS is registered with the Property Codes Compliance Board as a subscriber to the HIP Codes. A key commitment under the Code is that firms will handle any complaints both speedily and fairly.
If you want to make a complaint, we will:
• Acknowledge it within 5 working days of receipt.
• Normally deal with it fully and provide a final response, in writing, within 20 working days of receipt.
• Keep you informed by letter, telephone or e-mail, as you prefer, if we need more time (Holding response)
• Provide a final response, in writing, at the latest within 40 working days of receipt.
• Keep you informed by letter, telephone or e-mail, as you prefer, if we need more time (Holding response)
• Liaise, at your request, with anyone acting formally on your behalf.
• If you take longer than a week to reply to a written reply from KeyHIPS, the additional time in excess of the week will count for the purpose of the time limits stated above.
If you are not satisfied with our final response, you may refer the complaint to The Property Ombudsman scheme (TPOs): Tel: 01722 333306, E-mail: admin@tpos.co.uk.
We will co-operate fully with the Ombudsman during an investigation and comply with his decision.
Complaints should be sent to:
KeyHIPS
1 Hinksey Business Centre
North Hinksey Lane
Oxford
OX2 0NR
KeyHIPS is a trading name of KeyAGENT limited, Customer Services (0845 4754165, team@keyhips.com)
Consumer Information
PRESCRIBED CONSUMER INFORMATION: HIP CODE – IMPORTANT CONSUMER INFORMATION
This Home Information Pack (HIP) has been produced by KeyHIPS is a trading name of KeyAGENT limited, 1 Hinksey Business Centre, North Hinksey Lane, Oxford. OX2 0NR, (0845 475 4165, team@keyhips.com) which is registered with the Property Codes Compliance Board (PCCB) as a subscriber to the HIP Code.
The PCCB independently monitors how registered firms maintain compliance with the Code. The HIP Code provides protection for homebuyers, sellers, conveyancers and mortgage lenders, who rely on information included within a Home Information Pack provided on residential property within England and Wales.
It sets out minimum standards which firms providing HIPs have to meet. By giving you this information, your HIP provider is confirming that they keep to the principles of the HIP Code. This provides important protection for you.
The HIP Code’s key commitments say that HIP providers will:
• Display the Code logo prominently in our HIPs.
• Provide HIPs promptly. If there is a delay in producing the HIP, we will inform you of this and why the delay has occurred.
• Train our staff properly to provide HIPs with thoroughness and diligence, in line with the commitments set out in this Code.
• Respond promptly to queries raised on a HIP, to ensure improved understanding.
• Handle complaints speedily and fairly.
• At all times maintain insurance to protect you as prescribed by the PCCB.
• Act with integrity and ensure that all HIPs services comply with relevant laws, regulations, and industry standards.
Complaints
If you have a query or complaint about your HIP, you should raise it directly with the HIP provider, and if appropriate ask for any complaint to be considered under their formal internal complaints procedure. If you remain dissatisfied with the firm’s final response, after your complaint has been formally considered, or if the firm has exceeded the response timescales, you may refer your complaint for consideration under The Property Ombudsman scheme (TPOs). The Ombudsman can award compensation of up to £5,000 to you if he finds that you have suffered actual loss as a result of your HIP provider failing to keep to the Code.
Please note that all queries or complaints regarding your HIP should be directed to your HIP provider in the first instance, not to TPOs or to the PCCB.
TPOs Contact Details:
The Property Ombudsman scheme
Beckett House
4 Bridge Street
Salisbury
Wiltshire SP1 2LX
Tel: 01722 333306
Fax: 01722 332296
Email: admin@tpos.co.uk
www.propertycodes.org.uk