- INTERPRETATION
1.1
Definitions:
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Charges: the charges payable by the Customer for the supply of the Services
Commencement Date: has the meaning set out in Clause 2.2.
Contract: the contract between the Customer and the ImmigrationInspectionReport.co.uk for the supply of Services in accordance with these Conditions.
Customer: Any individual or business that seeks to use our service under this contract.
Order: the Customer’s order
Service/s: refers to any action for the preparation of a property inspection report in accordance with this contract
ImmigrationInspectionReport.co.uk: the company or entity from whom the Customer purchases the Services which is a trading name of cube legal limited.
1.2
Interpretation:
(a) A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(b) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
(c) A reference to writing or written includes email.
- BASIS OF CONTRACT
2.1
The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.
2.2
The Order shall be deemed to be accepted on the earlier of:
(a) the ImmigrationInspectionReport.co.uk issuing written acceptance of the Order; or
(b) any act by the ImmigrationInspectionReport.co.uk consistent with fulfilling the Order,
at which point and on which date the Contract shall come into existence (Commencement Date).
2.3
These Conditions apply to the Contract to the exclusion of any other terms that the ImmigrationInspectionReport.co.uk seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- SUPPLY OF SERVICES
3.1
The ImmigrationInspectionReport.co.uk shall from the Commencement Date OR the date set in the Order and for the duration of the Contract provide the Services to the Customer in accordance with the terms of the Contract.
3.2
The ImmigrationInspectionReport.co.uk shall meet any performance dates for the Services specified in the Order or notified to the ImmigrationInspectionReport.co.uk by the Customer time shall not be of the essence.
3.3
In providing the Services, the ImmigrationInspectionReport.co.uk shall:
(a) co-operate with the Customer in all matters relating to the Services, and comply with all instructions of the Customer;
(b) perform the Services with the best care, skill and diligence;
(c) use personnel who are suitably skilled and experienced to perform tasks assigned to them to ensure that the ImmigrationInspectionReport.co.uk’s obligations are fulfilled in accordance with the Contract;
(d) use equipment which is fit for purpose;
(e) use reasonable endeavours to ensure that a report drafted by the supplier accurately represents the assessment carried out
- CUSTOMER REMEDIES
4.1
If the ImmigrationInspectionReport.co.uk fails to perform the Services by the applicable dates, the Customer shall, without limiting its other rights or remedies, have one or more of the following rights:
(a) to request any suitable changes to the property inspection report that do not accurately reflect the assessment;
(b) if no change is made to a report within 7 working days than a customer may request a refund; any such request must be made within 7 days or before an amendment has been actioned;
4.2
These Conditions shall extend to any substituted or remedial services provided by the ImmigrationInspectionReport.co.uk.
4.3
The Customer’s rights under the Contract are in addition to its rights and remedies implied by statute and common law.
- CUSTOMER’S OBLIGATIONS
The Customer shall:
(a) provide the ImmigrationInspectionReport.co.uk with reasonable access at reasonable times to the Customer’s premises for the purpose of providing the Services;
(b) provide such information to the ImmigrationInspectionReport.co.uk as the ImmigrationInspectionReport.co.uk may reasonably request and the Customer considers reasonably necessary for the purpose of providing the Services; and
- CHARGES AND PAYMENT
6.1
The Charges for the Services shall be set out in the Order, and shall be the full and exclusive remuneration of the ImmigrationInspectionReport.co.uk in respect of the performance of the Services.
6.2
The ImmigrationInspectionReport.co.uk shall have a right to request either (a) payment up front paid by way of bank transfer or (b) payment on the date of the assessment. ImmigrationInspectionReport.co.uk shall have sole discretion in deciding which form of payment it shall take.
6.3
In consideration of the supply of the Services by the ImmigrationInspectionReport.co.uk, the Customer shall pay the amount on the day requested.
6.4
All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being (VAT). Where any taxable supply for VAT purposes is made under the Contract by the ImmigrationInspectionReport.co.uk to the Customer, the Customer shall, on receipt of a valid VAT invoice from the ImmigrationInspectionReport.co.uk, pay to the ImmigrationInspectionReport.co.uk such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
6.5
If the Customer fails to make any payment due to the ImmigrationInspectionReport.co.uk under the Contract by the due date for payment, then without limiting the ImmigrationInspectionReport.co.uk’s remedy, the Customer shall pay interest on the overdue amount at the rate of 8% per annum above Barclays Bank’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
- PROPERTY INSPECTION REPORT
7.1
The property inspection report is specifically for the purposes of immigration and may not be presented for anything else
7.2
The ImmigrationInspectionReport.co.uk assigns to the Customer, a licence to use the property inspection report specifically for a single immigration case within the time frame
7.3 Property inspection reports are valid for 12 weeks from the date of the report, and may not be accepted by the UKVI or the UKBA after such a time, or after such time as the UKVI and UKBA may issue guidance on from time to time, ImmigrationInspectionReport.co.uk shall not be responsible for any such amendments to the date or the use of the report after the expiration date.
7.4
The ImmigrationInspectionReport.co.uk shall, promptly at the Customer’s request, make any amendments at no extra cost as a result of any error or omission made by ImmigrationInspectionReport.co.uk
7.5
Any requested changes made as a result of an error or omission on behalf of a customer shall be subject to a £20 administrative fee.
- Assessment and your visit
8.1
Customers must ensure that they are present during an assessment and that ID is present for all residents at the property.
8.2
Where a property has been rented, leased or owned in a manner other than a freehold interest, proof of ownership must be provided upon assessment.
8.3
Where an inspection is carried out and the property is found to be unsatisfactory, payment for the inspection shall be due.
8.4
If an assessor cannot make the appointment due to an error, omission or issue that has arisen, customers shall be given priority and a rearrangement shall be made
- INDEMNITY
9.1
The ImmigrationInspectionReport.co.uk shall keep the Customer indemnified against all liabilities, costs, expenses, damages and losses resulting from their inspection and assessment of their property, and shall not be liable for more than £1000.00 in respect of a single inspection or single customer.
9.2
ImmigrationInspectionReport.co.uk shall not be liable for any associated legal cost, court fees, legal advice, application fees or other as a result of an appeal in which the cause of failure extends to more than the property inspection report. In any event the liability shall not exceed £1000.00 per report, single inspection and single customer.
9.3
ImmigrationInspectionReport.co.uk shall not be responsible for loss or earnings or travel or such costs that arise from not being able to make an appointment.
- TERMINATION
Without affecting any other right or remedy available to it, the Customer may terminate the Contract with immediate effect by giving verbal or written notice to the ImmigrationInspectionReport.co.uk prior to the inspection being carried; and no later than 24 hours notice.
- CONSEQUENCES OF TERMINATION
Termination of a contract prior to an inspection being carried out and where sufficient notice has not been given, will mean all rights under this contract shall seize with immediate effect. Where insufficient notice has been given, as a result of less than 48 hours notice than a cancellation fee shall be applicable which shall be 50% of the appointment fee quoted.
- GENERAL
Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control. If the period of delay or non-performance continues for [NUMBER] [weeks OR months], the party not affected may terminate the Contract by giving [NUMBER] [days’] written notice to the affected party.
Third parties. No one other than a party to the Contract shall have any right to enforce any of its terms.
Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.