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1 Agreement
1.1 Local Authority Search Network Ltd (LASN) agree to supply the Report to the Customer and the Customer agrees to these Terms.
1.2 LASN may also supply the Customer with Other Products, where LASN act as an agent for a Third Party. The supply of those Other Products will be governed by the terms and conditions of those Third Parties.
2 Intellectual Property
2.1 LASN (or its suppliers) own all the Intellectual Property in the Report. The Report is provided for the Customer's own use. The Customer can only use the Report for someone else if it is incorporated into services that the Customer is providing to that person in the ordinary course of the Customer's profession. The Customer can only use the Report once for that purpose. The Customer must not copy or change the Report in any way. An example of such a change would be to remove a trademark. The customer must not re-sell the Report.
2.2 In terms of Intellectual Property, the Customer only has the express rights set out above. The Customer has no further implied rights.
3 Termination Of Rights
3.1 The Customer's Rights will be lost automatically if (i) the Customer fails to abide by these Terms (particularly if the Customers failure is something that cannot be put right); (ii) The Customer becomes Insolvent; (iii) The Customer challenges LASN as to the ownership of Intellectual Property or do something that LASN believe will put ownership of Intellectual Property at risk; (iv) The Customer does not pay something that is owed to LASN.
3.2 LASN do not have to continue to supply the Customer with report(s), if LASN believe that the Customer is not abiding by these terms or has given one months' notice to the Customer.
3.3 If the Customer has paid in advance and the Customers Rights are terminated, LASN will refund a fair and reasonable amount of the sum that the Customer has paid to LASN.
4 Liability
4.1 Any defect or inaccuracy in the Reports provided by LASN must be notified to LASN by the Customer within seven days of delivery to the Customer.
4.2 In the event that such notice is not given, the Customer shall be deemed to have been satisfied with the performance of LASN and the Reports provided.
4.3 In the event that the Customer suffers loss as a result of the negligence or otherwise, the liability of LASN will be limited to an amount not exceeding £1 million in respect of any individual claim.
4.4 In any event, LASN are not liable for problems arising from circumstances beyond the reasonable control of LASN, or for any indirect or consequential loss or for any loss of profit however arising.
4.5 LASN are also not liable if the Customer's complaint results from the Customer using the Report for a purpose for which the Customer is not authorised to use it.
4.6 LASN use reasonable skill and care, make all reasonable efforts to correct errors as soon as they are identified and constantly strive to improve it's products and services, but LASN cannot guarantee that information supplied to LASN is error free.
4.7 Reports will contain as much information that is available to LASN at the time, but the Customer accepts that sufficient information is not always available to reflect the actual uses to which a property or land has been put.
4.8 Even if the Report contains a conclusion or other interpretation of its contents, the Customer must not rely exclusively on the Report in terms of valuing the property or land to which the report relates, determining its actual status or condition, or concluding as to its suitability for any use.
4.9 Because of the way that the Report is generated which may involve the use of computer database(s) and, often, electronic delivery, the Customer accepts that LASN cannot guarantee accurate or timely delivery at all times. Some of the sources that LASN use mean that subjective judgements need to be taken. LASN exercise it's best judgment, but others might make a different judgment.
4.10 The Customer understands that the Report may not be tailored to the Customer's specific needs and that the Customer, not LASN, must ensure that the Report meets the Customer's requirements.
4.11 The Customer accepts that the Customer should carefully inspect the property or land to which the Report relates and take advice or obtain information from other sources before the Customer makes any important decision about the property or land to which the report relates.
4.12 If the Customer supplies the Report to any other person, the Customer will get them to agree to the above limitations.
4.13 If LASN provide the Customer with any additional services based on the supply of report(s), unless LASN charge the Customer separately for those services, LASN will not be liable to the Customer for any problem arising out of those additional services.
5 Charges
5.1 The Customer shall be liable to LASN as principal for all costs, charges and expenses that shall be due to LASN under the terms of the contract for services together with all expenses incurred in respect thereof.
5.2 This will be the case whether or not the Customer purports to contract with LASN as agent for another.
5.3 The Customer must discharge all sums due under invoices raised by LASN within 7 days of such invoice.
5.4 In the event that such invoices are not paid within 7 days, LASN shall be entitled to charge the Customer interest on all sums outstanding at the of 4% the Barclays Bank Plc base rate from time to time.
5.5 LASN shall be entitled to alter its charges from time to time and contracts with LASN will be charged to the Customer at the prevailing rate.
6 General
6.1 If LASN have to change these Terms, the revised version will be posted on the LASN website. LASN will also try to publicise the fact, but it is theCustomer's responsibility to ensure that the Customer has the latest version of the Terms.
6.2 LASN do not have to supply anyone. LASN may stop supplying the Customer without having to give the Customer any reason.
6.3 If a court decides that one of these Terms is illegal or unenforceable, that will not affect the rest of the Terms.
6.4 If LASN is slow in exercising it's rights under these Terms or choose not to do so on any occasion, that will not affect the rights of LASN to do so later.
6.5 The Customer agrees that everything relevant to relationship between LASN and the Customer is written here and there is nothing else that persuaded the Customer to accept these Terms.
6.6 The Customer agrees that any disputes with LASN will be settled in an English court.
7 Glossary
7.1 References to "the Customer" are to the individual, firm or company from whom LASN receive instructions.
7.2 "Insolvent" means that the Customer is bankrupt (if the Customer is an individual) or the Customer has a receiver or liquidator appointed (if the Customer is a company) and/or (in either case) the Customer is unable to pay the Customers debts as they fall due, the Customer makes an arrangement with the Customers creditors or LASN are reasonably satisfied that the above is about to happen.
7.3 "Intellectual Property" means all forms of intellectual property or protective rights recognised in law.
7.4 "the Report" includes any information that LASN supply to the Customer including all reports, services, datasets, software or information contained in them.
7.5 "these Terms" means the terms printed on this document (or any replacement that LASN issue).
7.6 "Third Party" means persons from whom LASN may source Other Products.
7.7 "Other Products" means products and services which are ancillary to the Reports, such as environmental risk insurance.
7.8 "the Customers Rights" means the Customers right to use the Report and any other rights conferred by these Terms.
8 Web Site Copyright And Content
8.1 The materials contained on this web site are provided for general information only and do not constitute any form of advice.
8.2 LASN assumes no responsibility for the accuracy of any particular statement and accepts no liability for any loss or damage that may arise from reliance on the information contained on this site.
8.3 Save to the extent expressly permitted below, the context of these pages may not be reproduced or transmitted or made available on a network in whole or in part without the prior, written consent of LASN.
8.4 These pages may be downloaded or printed for personal and private use provided that no alteration is made to any of these pages and that they are not used in any work or publication.
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