TERMS OF SERVICE – CUSTOMER

CONTENTS

1. Definitions
2. These terms
3. Information about us and how to contact us
4. You and the Surveyor/ Engineer
5. Our Services
6. Your Job
7. Your rights to make changes
8. Our rights to make changes
9. Completion of the Job
10. Your rights to end the contract
11. How to end the contract with us
12. Our rights to end the contract
13. If there is a problem with the Service
14. Price and payment
15. Our responsibility for loss or damage suffered by you
16. Limitation of Liability
17. Indemnity
18. How we may use your personal information
19. Other important terms
______________________ ___________________________________

OUR TERMS

1. Definitions

1.1 Customer/you means you as the user of the HomeCheck Service.
1.2 Engineer means a trusted Engineer registered on the HomeCheck system
1.3 HomeCheck Referral means when you, as a Customer, who contacts HomeCheck through website/email/phone in relation to a new Job, or requests a quote from HomeCheck, in relation to any of Homecheck’s core business activities and is considered HomeCheck sourced business.
1.4 Job means any HomeCheck Referral made by you, the Customer, through HomeCheck for a HomeCheck Service and will include your identification details (name, address, contact telephone number), Job details, and Job Window.
1.5 Job Window means a period of time on a particular day that you, the Customer, would like the Engineer/Surveyor, to arrive at the Relevant Premises to complete a Job/ the Relevant Premises may be available for an Engineer/ Surveyor to complete a Job.
1.6 Relevant Premises means the premises to be attended by an Engineer or Surveyor for the purposes of a survey/ other service to be undertaken.
1.7 Scope means the scope of HomeCheck’s core business activities comprised of the following:
(a) pre-purchase, structural or other surveys pertaining to residential properties;
(b) snagging;
(c) certificates of compliance (opinions on planning compliance) and other planning checks
(d) boundary checks or other mapping
(e) on-site consultations
(f) any work related to the purchase or sale of property.
1.8 Service means the services provided by the HomeCheck website.
1.9 Surveyor means a trusted Surveyor registered on the HomeCheck system.
1.10 Survey Report means the HomeCheck pre-purchase survey report template.

2. These terms

2.1 What these terms cover.
These are the terms and conditions on which you access the Services.
2.2 Why you should read them.
Please read these terms carefully before you submit your Job request. These terms tell you who we are, how we will provide the Service to you, how you, the Engineer/Surveyor and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2.3 Are you a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
• You are an individual.
• You are purchasing a service from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

These terms of service and the Services generally are specific to consumers only. If you are a business customer, please do not proceed any further and contact info@homecheck.ie for further assistance as to your bespoke requirements.

3. Information about us and how to contact us

3.1 Who we are. We are Troupiac Limited, trading as HomeCheck, a company registered in Ireland. Our company registration number is 620322 and our office is at Gray Office Park, Galway Retail Park, Headford Road, Galway, H91 WC1P (HomeCheck / the Company).
3.2 How to contact us. You can contact us by writing to us at info@homecheck.ie or ‘FAO HomeCheck Gray Office Park, Galway Retail Park, Headford Road, Galway, H91 WC1P’.
3.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you via your Login Email or postal address you provided to us when registering with HomeCheck.
3.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

4. You and the Engineer/Surveyor

4.1 You warrant that all information which you provide in the Job process on the HomeCheck website, including the Job information and your details, are both true and accurate.
4.2 You warrant that your use of the HomeCheck website is for your own use and either you own the Relevant Premises where the Job is to be undertaken or you have secured all the authority on behalf of the owner of the Relevant Premises required to place the Job request and for all work to be carried out in relation to a Job.
4.3 You authorise HomeCheck to provide information in relation to your Job and your contact information (or the contact information of the individual who can provide access to the Relevant Premises) to HomeCheck’s portfolio of Engineers/Surveyors for the purposes of an Engineer/Surveyor confirming they can undertake a Job request. Due to potential issues which may occur with respect to access to the Relevant Premises, you agree that time is not of the essence in connection with the HomeCheck Service.

5. Our Services

5.1 You acknowledge and agree that the HomeCheck Service is only to provide you with:
(a) Access to a reliable cohort of Engineers/ Surveyors: access to available Engineers/Surveyors within your local area, and assist in the procurement of those Engineers/Surveyors suitable to complete your requested Job at the Relevant Premises;
(b) Delivery of reports: arrange for the timely and efficient delivery to you of any reports produced by those Engineers/ Surveyors; and
(c) Invoicing and payment: produce to you an invoice on behalf of the Engineer/ Surveyor once your Job has been completed by the Engineer/ Surveyor. You will then arrange for payment to be made to us in satisfaction of that invoice.
5.2 You fully accept and acknowledge that any services procured by you to complete your requested Job through the HomeCheck website Service are independent of HomeCheck, unless notified otherwise, and that any resulting contracts (verbal or written) and/or service agreements entered into are between you and the Engineer/Surveyor only. You accept full and sole responsibility for ensuring that all Engineers/Surveyors sourced through HomeCheck are suitable for your requirements and that you have made all enquiries into that Engineer’s/Surveyor’s competence, solvency and insurance coverage.
5.3 If any dispute of any kind arises between you and an Engineer/Surveyor then that dispute must be addressed to the Engineer/Surveyor directly. If you wish to contact HomeCheck in relation to any dispute you may do so, however any action taken will be at HomeCheck’s sole discretion..

6. Your Job request

6.1 How your Job request will be confirmed. Once we receive your Job request, we will send you an email with the details of a trusted Engineer/ Surveyor who has been allocated your Job. You acknowledge and agree that your details will then be passed to one of our trusted Engineers/Surveyors will who will respond to your Job request and make arrangements to attend the Relevant Premises. You acknowledge and agree that HomeCheck only matches a Job with an available Engineer/ Surveyor and cannot guarantee the attendance of an Engineer/ Surveyor at the Relevant Premises and satisfactory performance of any surveying services.
6.2 If an Engineer/Surveyor cannot accept your Job. If an Engineer/Surveyor is unable to accept your Job, we will inform you of this in writing. This might be because of unexpected limits on Tradesperson resources or availability, because we have identified an error in the Job or because a Tradesperson is unable to meet a deadline you have specified. HomeCheck is not responsible for any failure by a Tradesperson to accept or fulfil a Job, either to your satisfaction or otherwise.
6.3 Visit Notification. Once a Job is completed, you will receive a Visit Notification Email or SMS message. By receiving this email you have acknowledged that the Engineer/Surveyor has arrived. The Visit Notification Email will provide the Customer Job number and Engineer/Surveyor details specific to the Job which has now been completed.
6.4 Completed Report. HomeCheck requests that their Surveyor/ Engineer provides a completed report in 6 business days after referring the attendance of the Surveyor/ Engineer at the Relevant Premises, however, as all Engineers/ Surveyors operate independently of HomeCheck, HomeCheck cannot provide any guarantees or warranties with respect to these turnaround times.

7. Your rights to make changes

7.1 You cannot change Engineer/Surveyor once the Job has been confirmed. If an appointment date is missed, you may be able reschedule an appointment in the future at the sole discretion of the Engineer/Surveyor for a date within 10 working days of the original appointment.
7.2 If an Engineer/Surveyor fails to attend the Relevant Premises within 10 business days, you can request that the Job be cancelled via email with the heading “Engineer/Surveyor failed to arrive request”. Please also include in that email your Job number, name and the address that was to be visited. You will then receive an email confirming your Job cancellation. Any resubmission of a Job after being cancelled will be at the sole discretion of HomeCheck.

8. Our rights to make changes

8.1 Unallocated Jobs. If after one week of initial Job request by You, HomeCheck has been unsuccessful in allocating your job to an available Engineer/ Surveyor then HomeCheck may choose to cancel the Job request.
8.2 Minor changes to the Service. We may change the Service:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not effect your quality of service.
8.3 Right of refusal. You acknowledge and agree that both HomeCheck and the Engineer/Surveyor has the right to refuse to arrange, or carry out, any referred Job on the grounds of safety, conflict of interest or inability to carry out the job, in the reasonable opinion of HomeCheck and/ or the Engineer/ Surveyor.

9. Additional Terms of the Job

9.1 We are not responsible for any delays. If the completion of the Job is delayed by an Engineer/Surveyor, the Engineer/Surveyor is obliged to contact you as soon as possible to let you know and should take steps to minimise the effect of the delay. We will not be liable for any delays.
9.2 Engineer/Surveyor Cancellation of a Job. If an Engineer/Surveyor cannot attend the Relevant Premises, the Engineer/Surveyor is required to contact you to let you know. It is the sole responsibility of the Engineer/Surveyor to cancel a Job with you and HomeCheck cannot be held liable for any cancellations.
9.3 If the Engineer/Surveyor cannot gain access to the Relevant Premises to provide services. If the Engineer/Surveyor is unable to access the Relevant Premises to complete the Job as arranged for reasons outside of their control (and you do not have a good reason for the lack to access) then the Engineer/Surveyor may cancel the Job. If, despite their reasonable efforts, the Engineer/Surveyor is unable to contact you or re-arrange access to the Relevant Premises you agree that the Engineer/Surveyor may cancel the Job.
9.4 What will happen if you do not give the required information to us. We may need certain information from you so that we can supply the Service to you, for example, your identification details (name, email address, your address, Relevant Premises address, contact telephone number), Job details, and payment information. If you do not give us this information within a reasonable amount time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of the Service if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
9.5 Engineer/Surveyor contacting you direct. You agree that an Engineer/Surveyor may contact you directly to agree alternative arrangements in relation to your Job and any survey or advice requirements.
9.6 We may also retain and withhold any reports produced by an Engineer/ Surveyor if you do not pay. If you do not pay us for the services when you are supposed to (see clause 14.2), we may retain and withhold all reports and written advice produced by an Engineer/ Surveyor until you have paid us the outstanding amounts.
9.7 We only provide our Service in the Republic of Ireland. Our website is solely for the promotion of our Services in the Republic of Ireland, specifically the Area of Operation.

10. Your rights to end the contract

10.1 Ending the contract because of something we have done or are going to do when pre-paying for an Engineer/ Surveyor services. If you are ending your contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the Services or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the Service you have requested and you do not wish to proceed;
(c) there is a risk that supply of the Services may be significantly delayed because of events outside our control; or
(d) you have a legal right to end the contract because of something we have done wrong.
10.2 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of the Services once the provision of the HomeCheck Services have already begun (that is if you agree a Job Window for an Engineer/ Surveyor to attend and fail to cancel the appointment with 24 hours’ notice delivered to the Engineer/ Surveyor).

11. How to end the contract with us

11.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at info@homecheck.ie. Please provide your name, home address, details of the Jobs and, where available, your phone number and email address.
11.2 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the Service, by the method you used for payment. However, we may make deductions from the price, as described below.
11.3 When your refund will be made. We will make any refunds due to you as soon as possible.

12. Our rights to end the contract

12.1 We may end the contract if you break it. We may end the contract for the Service at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within one working day of us reminding you that payment is due; or
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services.
12.2 We may withdraw the Service We may write to you to let you know that we are going to stop providing the Service. We will let you know at least [one working day] in advance of our stopping the supply of the Service and will refund any sums you have paid in advance for the Service which will not be provided.

13. If there is a problem with the Service

How to tell us about problems. If you have any questions or complaints about the Service, please contact us. Write to us at info@homecheck.ie or ‘FAO HomeCheck, Gray Office Park, Galway Retail Park, Headford Road, Galway, H91 WC1P’.

14. Price and payment

14.1 Where to find the price for the Service. The price of the Service (which includes VAT) will be included in any quote provided to you by an Engineer/ Surveyor in response to your Job request.
14.2 When you must pay and how you must pay. All payments are to be made directly to HomeCheck. We accept payment with Visa, Mastercard, Visa Debit cards, SEPA, and direct bank transfers. When you must pay depends on the Services you are buying.

15. Our responsibility for loss or damage suffered by you

15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services.
15.3 Your agreement with the Engineer/Surveyor. You agree that we are not involved in your individual dealings with an Engineer/Surveyor and, in the event that you have a dispute with one or more Engineers/Surveyors, you hereby release us from any and all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes, the use or performance of the HomeCheck website or its Services which include but are not limited to the sourcing of third party services.

16. Limitation of Liability

16.1 To the extent permitted by law, HomeCheck shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract for use of the Services between us.
16.2 HomeCheck’s total liability to you for all other losses arising under or in connection with any contract between us for Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the Services under this agreement.

17. Indemnity

17.1 You agree to indemnify HomeCheck against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by HomeCheck arising out of or in connection with:
(a) any breach of the warranties contained in clause 4;
(b) your breach or negligent performance or non-performance of this agreement;
(c) the enforcement of this agreement; or
(d) any claim made against HomeCheck by a third party arising out of or in connection with the provision of the Services, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of this agreement by you.

18. How we may use your personal information

18.1 How we will use your personal information. We will only use your personal information as set out in our Privacy Policy which can be found [HERE].

19. Other important terms

19.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within one week of us telling you about it and we will refund you any payments you have made in advance for Services not provided.
19.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
19.5 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by Irish law and you can bring legal proceedings in respect of the Service in the Irish courts.
19.6 Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. If you have a complaint in relation to our Service, you agree that you will first submit a complaint to us in writing and before any legal proceedings will engage in alternative dispute resolution. If you are not satisfied with the outcome you can still bring legal proceedings.