Lease Plans Online Ltd – Terms & Conditions of Business

1. Definitions

2. Basis of Appointment

2.1 These Terms & Conditions apply to all instructions accepted by the Company unless otherwise agreed in writing.

2.2 An instruction may be given verbally, by email, by text message or by acceptance of a quotation.

2.3 By instructing the Company, the Client is deemed to have accepted these Terms & Conditions in full.

3. Scope of Services

3.1 The Company provides lease plans, floorplans and related drawing services primarily for HM Land Registry, licensing and identification purposes.

3.2 Unless expressly agreed otherwise in writing, plans produced by the Company are not prepared for:

• construction purposes;
• structural works;
• architectural design;
• valuation purposes;
• quantity surveying purposes;
• precise determination of floor area or property size:
• setting out works on site.

3.3 The Company reserves the right to refuse requests falling outside the agreed scope of services.

4. Client Responsibilities

4.1 The Client is responsible for:

• providing accurate information and instructions;
• supplying any available title plans, deeds or lease information where relevant;
• confirming ownership extents, demise boundaries, parking spaces, storage areas and rights of way;
• obtaining all permissions required for site access.

4.2 The Company shall not be liable for inaccuracies arising from incomplete, inaccurate or conflicting information supplied by the Client or third parties.

4.3 Final responsibility for verifying the legal extent of any property or demise remains with the Client and/or their legal adviser.

5. Measurements and Plans

5.1 Measurements are taken using reasonable skill and care and generally in accordance with recognised industry standards and HM Land Registry requirements.

5.2 All dimensions and measurements are approximate unless expressly stated otherwise

5.3 Minor discrepancies, tolerances and scaling variations may occur due to:

• site conditions;
• inaccessible areas;
• irregular construction;
• limitations of measurement equipment;
• historical alterations; and
• drawing reproduction or printing processes.

5.4 The Client must not scale directly from plans unless expressly authorised in writing.

5.5 Floor areas are not provided as standard, as this is not a requirement of HM Land Registry compliant plans. Where floor areas are requested in advance of a site visit and expressly agreed in writing by the Company, any floor areas provided are approximate and indicative only, derived from measurements obtained in the course of preparing the plans, and must not be relied upon for valuation, legal, financial, marketing or property transaction purposes.

6. HM Land Registry and Regulatory Approvals

6.1 The Company will use reasonable skill and care to prepare plans intended to comply with HM Land Registry requirements.

6.2 However, acceptance of plans by HM Land Registry, local authorities, managing agents, licensing departments or any third party cannot be guaranteed.

6.3 The Company shall not be liable for:

• requisitions;
• delays;
• rejections;
• additional legal or professional costs; or
• consequential losses arising from third-party requirements or decisions.

6.4 Where amendments are required due to errors by the Company, reasonable corrective amendments will be made without additional charge.

7. Amendments

7.1 Quotations generally include reasonable amendments relating to drafting corrections or clarification of instructions.

7.2 Significant revisions, redesigns, additional versions, altered ownership layouts or changes to the original instruction may incur additional charges.

8. Fees and Payment

8.1 Fees are payable in accordance with the quotation or invoice issued by the Company.

8.2 Unless otherwise agreed, payment is due once plans have been completed. Final plans and deliverables will not be released until payment has been received in full.

8.3 The Company reserves the right to charge interest on overdue accounts pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

8.4 Plans, drawings and copyright remain the property of the Company until payment has been received in full.

9. Cancellation

9.1 The Company reserves the right to charge for work completed and expenses incurred up to the date of cancellation.

9.2 Where site visits have been arranged, late cancellations may incur an abortive visit charge.

9.3 Where the Company attends a property and is unable to gain access due to incorrect access information, faulty key safes, unavailable keys, absent occupants, denied access or any other issue outside the Company’s reasonable control, the Company reserves the right to charge an abortive visit and/or cancellation fee together with any associated travel costs.

10. Intellectual Property and Copyright

10.1 Copyright in all drawings, plans and materials produced by the Company remains vested in the Company unless otherwise agreed in writing.

10.2 The Client is granted a non-transferable licence to use the plans solely for the purpose for which they were commissioned.

10.3 Plans may not be altered, reproduced, distributed or reused for other projects without written consent.

11. Limitation of Liability

11.1 The Company shall perform its services using reasonable skill and care.

11.2 Nothing in these Terms & Conditions excludes liability for death, personal injury, fraud or any liability which cannot lawfully be excluded under English law.

11.3 Subject to clause 11.2:

• the Company’s total liability arising from any instruction shall not exceed the fee paid for the relevant services; and
• the Company shall not be liable for indirect, consequential or economic loss including loss of profit, financing costs, delay costs or loss arising from property transactions.

11.4 No liability is accepted by the Company for reliance placed upon plans or information by third parties.

12. Electronic Information

12.1 The Company accepts no responsibility for corruption, alteration or transmission errors in electronic files after issue.

12.2 The Client is responsible for checking all drawings and information upon receipt and notifying the Company promptly of any concerns.

13. Complaints

13.1 Any concerns regarding the services provided should be raised in writing within a reasonable period following delivery of the plans.

13.2 The Company shall be given reasonable opportunity to investigate and, where appropriate, remedy any issue.

14. Governing Law

14.1 These Terms & Conditions shall be governed by and construed in accordance with the laws of England and Wales.

14.2 The courts of England and Wales shall have exclusive jurisdiction in relation to any dispute arising from the services provided by the Company.