LMS HIPs - Terms of Business
SECTION A - INTRODUCTION
1	About us. Legal Marketing Services Limited (LMS) is a leading provider of Home Information Packs (HIPS). LMS is a company incorporated in England and Wales under company number 03002073 and has its registered office address at LMS House, Lloyd Drive, Cheshire Oaks Business Park, Ellesmere Port, Cheshire CH65 9HQ. Our VAT Number is 787 4526 79.
2	Legal contract. All orders for a LMS HIP are placed and accepted by LMS on the basis of these Terms of Business and our written confirmation of your order) (together Contract) and no other terms will apply.
	YOUR RIGHTS TO CANCEL YOU WILL HAVE 7 WORKING DAYS TO CANCEL YOUR ORDER FOR A LMS HIP STARTING ON THE DAY AFTER YOU RECEIVE OUR WRITTEN CONFIRMATION OF YOUR ORDER. WE WILL NOT COMMENCE PRODUCTION OF THE LMS HIP UNTIL THIS PERIOD HAS EXPIRED. IF YOU WOULD LIKE US TO COMMENCE PRODUCTION OF YOUR LMS HIP EARLIER THAN THIS, YOU SHOULD CONTACT US ONCE YOU RECEIVE OUR ORDER CONFIRMATION. PLEASE NOTE, IF WE AGREE TO YOUR REQUEST, YOU WILL LOSE YOUR RIGHT TO CANCEL.
3	Your authority to place an order. By placing an order for a LMS HIP, you are confirming that you are authorised to enter into this Agreement by each of the sellers of the property and are also authorised to provide personal information about those whose information you provide to LMS and to give consent to the use their information on their behalf.
SECTION B - ORDERING A LMS HIP
4	Property location. LMS HIPS are only available for properties in England and Wales.
5	Orders from executors, trustees and those in similar capacities. LMS will only accept an order for a LMS HIP from an Agent purchasing a LMS HIP or from those acting in a personal capacity. Persons who are selling a Property as executor, administrator, trustee, under a power of attorney or other capacities must purchase the LMS HIP in their personal capacity and will be personally liable for the costs.
6	Exempt properties. Certain properties are exempt from the requirement to have a HIP. Details of which properties these are can be obtained from the Agent. In the event that you place an order for an LMS HIP for an exempt property, you do so at your own discretion in which case LMS will prepare the HIP in accordance with the Contract and no refund will be given.
7	Information to be provided. In addition to the information provided on the Order Form, LMS will require further information and documents in order to prepare the LMS HIP. All documents provided by you or on your behalf must be copies of authentic documents, legible, clear and reproduce colours indicating boundaries or other features with sufficient detail to enable them to be identified.
8	Conveyancing. LMS requires you to provide details of who you have or will be instructing to deal with the conveyancing of the Property and to keep LMS informed of any changes to these details.
SECTION C - PAYMENT TERMS
9	Payment options. LMS offers a number of payment options some of which may incur a handling fee.
10	Supplements. The following supplements may be payable for those properties in the following categories and will be payable in addition to the LMS HIPS price. SUPPLEMENTS    Leasehold supplement £75 plus VAT    Commonhold supplement £75 plus VAT    Unregistered title supplement £75 plus VAT
11	Optional components. The following Optional Components are available and will be charged for and payable in addition to the LMS HIPS price: ADDITIONAL DOCUMENTS   Property value Price    Home Condition Report £0 - £500,000 £250.00 plus VAT £500,000.01 - £1,000,000 £400.00 plus VAT £1,000,000.01 + Contact LMS    Environmental Report All £30.00 plus VAT OPTIONAL COMPONENTS    Paper copy of the LMS HIP £10.00 per copy plus VAT    CD copy of the LMS HIP £10.00 per copy plus VAT    USB copy of the LMS HIP £10.00 per copy plus VAT
12	Additional payments. If you are unable to provide any information that is reasonably required by LMS in order to prepare the LMS HIP, LMS may obtain the information from other sources provided that you confirm we have your authority to do so and that you pay LMS for the cost of obtaining such information. LMS may introduce a firm of solicitors to you in order to obtain some of the required documents. Any such firm will be an independent professional and any advice you may receive will be impartial and confidential.
13	Delivery. LMS will have no obligation to prepare a LMS HIP until payment for it (including any supplements, Optional Components and Additional Payments) has been received in full by LMS in cleared funds and/or an approved credit agreement has been entered into with a LMS preferred credit provider for the relevant amount.
SECTION D - PRODUCTION OF LMS HIPS
14	Property access. You acknowledge and accept that a Domestic Energy Assessor and/or Home Inspector will require access to the Property in order to prepare the Energy Performance Certificate, Interim Energy Assessment or Predicted Energy Assessment and/or Home Condition Report and you will ensure that such access is given on the date and at the time pre-agreed with you. In the event that you do not provide such access, LMS will be entitled to cancel production of the LMS HIP and you will not be entitled to a refund.
15	Care and accuracy of information. We take care to ensure that all information included in a LMS HIP is accurate and will use reasonable skill and care in its production.
SECTION E - CONTENT AND OWNERSHIP OF LMS HIPS
16	Language. LMS HIPs are produced in English. Braille and large print versions are available provided that they are requested at the time the order is placed but may incur an administration charge.
17	LMS HIP content. Each LMS HIP will incorporate all information that is required to be included in a HIP by The Home Information Pack Regulations 2007. LMS may agree to provide Information that is 'authorised' by these Regulations as an Optional Component in which case, it must be requested at the time of placing the order and paid for in accordance with SECTION C above. LMS will have no obligation to include any other information in a LMS HIP.
18	Ownership of materials and licence terms. All rights (including intellectual property rights) in and to each copy of the LMS HIP produced by LMS will be owned by LMS absolutely or will be made available under license to LMS by third parties. Your sole rights will be to possess and use and allow to be used each copy of the LMS HIP provided by LMS for the sole purpose of complying with the legal obligation to make a HIP available to potential purchasers of the Property. You are not permitted, and agree not to copy, alter or remove any of the content of an LMS HIP (or any copy) and not to change, delete or obscure any copyright, trade mark or other proprietary notices.
19	Validity of LMS HIPs. The information used to produce a LMS HIP may become out-of-date during the period of validity of the LMS HIP. LMS has no obligation to update the LMS HIP to reflect any changes.
20	Copies and reproduction of LMS HIPs. LMS only accepts responsibility for official unaltered copies of the LMS HIPS that have been provided directly by LMS. Any copies you make or obtain are made, used and disclosed at your own risk. You agree to copy, use and/or disclose the LMS HIP (and any copies whether official LMS copies or other copies) only for the purposes of selling the Property.
	IF YOU DO NOT COMPLY WITH THE RESTRICTIONS ON USE, THIS COULD RESULT IN A CLAIM AGAINST EITHER YOU OR LMS. YOU WILL BE RESPONSIBLE FOR ANY COSTS (INCLUDING ANY LEGAL COSTS) LMS INCURS IN DEFENDING AND/OR SETTLING SUCH A CLAIM.
21	Updating the LMS HIP. From time to time, LMS may update our copy of the LMS HIP we prepare for you to create a new version. If you want to know which is the latest version number you should contact LMS. Copies of new versions will be available to you through Home Navigator (subject to the Property being included on Home Navigator) or on payment of the cost of an official LMS copy. We may also make any new versions available through other channels from time to time.
22	Inclusion on Home Navigator. It is your responsibility to agree with your estate agent whether the LMS HIP prepared by LMS will be included in soft copy on Home Navigator, the estate agent's website or other channels. In the event that it is made available, you acknowledge and accept that and may be accessed by potential purchasers of the Property.
SECTION F - PRODUCTION AND DELIVERY OF LMS HIPS
23	Production. LMS will not be obliged to produce the LMS HIP until all of the information required by The Home Information Pack Regulations 2007 is complete. Part completed LMS HIPS will not normally be provided. LMS may subcontract the printing of the LMS HIP to a third party.
24	Viruses. Whilst LMS will try to ensure that CD and USB copies of LMS HIPS are provided on appropriate media we will not be liable for any loss or damage caused by viruses or other disabling devices and you are responsible for ensuring they are checked against appropriate virus and other checkers.
25	Delivery. LMS will notify the Agent when the LMS HIP has been completed and the property can be marketed and will provide details to the Agent of how and where to download a copy of the LMS HIP. LMS will send any Additional Copies that have been ordered and paid for by first class post or DX number to the Agent either at the same time or under separate cover. The cost of postage and packing of Additional Copies is included in the price. Any requests for alternative delivery methods (which may involve additional costs and an administration charge) must be made to LMS but are not guaranteed to be available.
26	Checking for errors. It is your responsibility to check the LMS HIP for errors. Errors must be reported to LMS within 21 days of receipt of the LMS HIP. In the event that the error is caused by LMS or a person acting on LMS' behalf, LMS will correct the error and will make revised copies available to the Agent. LMS will have no obligation to correct any other errors.
SECTION G - LIABILITY
27	Disclaimer The only warranties and assurances given by LMS are those set out in the Contract and you should not rely on any other terms.
	NOTHING CONTAINED IN A LMS HIP IS OR SHOULD BE CONSTRUED AS LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE. DETAILED PROFESSIONAL ADVICE SHOULD BE OBTAINED BEFORE TAKING OR REFRAINING FROM ANY ACTION BASED ON ANY OF THE INFORMATION OR MATERIAL CONTAINED IN A LMS HIP.
28	Liability for documents not prepared by LMS. Some documents and information included in or which form the basis for the LMS HIP may be provided by you or by third parties over whom we have no control and we are not liable for any errors or omissions in that information or if it that information is inaccurate, misleading, unlawful or otherwise inappropriate or for any documents not prepared by LMS. Any complaints or claims you may have in respect of any information, product or service provided or which has not been prepared by LMS should be made by you directly to the third party concerned.
29	Liability for our mistakes. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (IN CONTRACT, NEGLIGENCE OR OTHERWISE) WHERE: A. THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US; B. THE LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; OR C. ANY INCREASE IN LOSS OR DAMAGE RESULTS FROM A BREACH BY YOU OF THE CONTRACT. 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
SECTION H - MISCELLANEOUS
30	Data protection. LMS will use the information provided by you or on your behalf to provide you and any other persons whose details you provide with the services you request and to administer your account with us including tracing and collecting any debts. We may also use it to ensure your satisfaction and to improve our services and for the safety and security of our systems and staff. Please note, telephone calls may be monitored and recorded for training purposes and to improve the quality of our services. We may, from time to time, contact you and /or any other person whose details you provide to us by mail, email, phone, SMS or otherwise with details of other products or services available from LMS or from our commercial partners unless you or the other persons whose details you have provided have notified us that you object to receiving such information. You and each other person whose personal information we hold have the right to obtain a copy of the personal data we hold about you for which we are entitled to charge a small fee. Details are available on request. A copy of our full Privacy Policy is available from the Agent or from LMS.
	LMS IS ONLY RESPONSIBLE FOR ITS OWN USE OF PERSONAL INFORMATION. OTHER ORGANISATIONS HAVE THEIR OWN DATA PROTECTION REGIMES AND YOU SHOULD READ THE DETAILS CAREFULLY TO ENSURE YOU UNDERSTAND AND ARE HAPPY WITH ITS PROPOSED USE OF YOUR INFORMATION.
31	Force Majeure. LMS will not be liable for any delay or failure to perform any of its obligations under the Contract to the extent and for the duration that such delay or failure is caused by circumstances beyond its reasonable control.
32	Entire agreement. The terms set out in the Contract are the only terms that apply to the purchase of a LMS HIP and any other terms or understandings made by or given to you by any other person are superseded by the terms of the Contract. In the event of any inconsistency between these Terms of Business and our written confirmation, the details in our written confirmation will prevail.
33	Severance. If any provision in the Contract is held to be void or unenforceable LMS will be entitled to choose whether to continue with the Contract with the void/unenforceable provision severed or to terminate the Contract and refund the price paid for the LMS HIP.
34	Waiver. If either you or LMS delays in enforcing rights under the Contract or agrees not to enforce rights, it will not constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach of the Contract.
35	Third party rights. Nothing in the Contract is intended to nor shall it confer a benefit on any third party under the Contracts (Rights of Third Parties) Act 1999 and a person who is not a party to the Contract has no rights to enforce any of its terms.
36	Governing law. The Contract is subject to English law and each of us hereby submits to the non-exclusive jurisdiction of the English courts.