STANDARD TERMS OF BUSINESS FOR ESTATE AGENTS

1. The HIP Software (“The Trading Name”) whose head office is situated at Orchard House, Paddock Court, Stanford on Soar, Leicestershire, LE12 5PX, is a Home Information Pack Provider to the Estate Agency profession and operate as a trading style of the City & County Surveyors Group of Companies, which is a Limited company incorporated in England & Wales under company number 06319511, and whose Registered Office is 57/59 High Road, Chilwell, Nottingham, NG9 4AJ (“The Company”).
2.

All instructions and orders for HIP Packs (The “HIP”) are to be requested to, and accepted by, HIPPO on these terms of business and accepting any additional written instructions or conditions from HIPPO that may apply from time to time (“Terms of Business”).

3. The company named below has been appointed an Agent of the HIPPO brand and is able to promote the services as provided by the company within the Terms as herein contained and as authorised to do so.
4.

By placing an order for a HIP it is accepted that you are confirming that you are authorised to send such instructions to HIPPO and to be able to provide all necessary personal and any other information to HIPPO.  Also, you are confirming that you have obtained the express consent of any person(s) to divulge and transfer such information to HIPPO and that HIPPO are able to use and process such information for and on behalf of the customer(s).

5. HIPPO will accept instructions for a HIP through our website, fax or e-mail.  Full customer(s) details for the HIP are required and are to be completed on our standard Customer Order Form.  Any such Order Forms that are incomplete may result in a delay or our inability to process a HIP for which we will not be responsible.
6. Unless the Agent prefers to use their own nominated DEA, then HIPPO shall appoint a registered member of it’s DEA Panel allocating the instruction accordingly.  An appointed DEA, shall make direct contact and such necessary arrangements with the property customer(s) to be able to carry out an Energy Performance Certificate (“EPC”) on the subject property as instructed upon.
7.

As soon as the HIP has been completed, HIPPO shall make available an electronic link to the HIP for any copies to be downloaded and in addition, and if previously ordered, to post a hardcopy to any other party(ies) nominated by the customer(s).

8. For a HIP to be commissioned a Customer Payment Authority Form must be fully completed and signed for by the customer(s) and such information contained therein together with type of payment method chosen shall be electronically transmitted by the Agent who will retain the originating paperwork within the customer(s) individual file and which will form a separate but an integral part of fuller instructions taken by the Agent on behalf of the customer(s).
9.

HIPPO does not provide any guarantee or warranty and does not accept any responsibility or liability whatsoever in respect of any omissions or otherwise of members of the registered Panel of DEA’s in connection with the Energy Performance Certificate which is a separate warranty of the DEA. 

10. HIPPO shall not be liable for any errors or omissions within the information provided by you or for any information that is inaccurate, misleading, unlawful or otherwise inappropriate.  It is hereby confirmed and warranted that you are duly registered to collect and hold, use and process, any data either personal or otherwise and that such data complies within your registration under the Data Protection Act 1998 or such other relevant legislation that may be required from time to time.
11.

Furthermore it is confirmed that, apart from the Customers Order Form Terms & Conditions, you will not rely on any other terms, conditions, representations, assurances, warranties or any other matters as otherwise made to you and as not detailed herein.

12.

You confirm and agree that all and any intellectual property rights as provided, detailed, originated, developed or written and prepared by or on behalf of HIPPO or any of it’s group of associated companies that may prevail from time to time, shall remain the property of HIPPO. You furthermore accept that you shall not use, copy or transfer or deal with any intellectual property rights of HIPPO unless expressly so confirmed in writing.

13.

Termination of this Agreement can be effected by either party giving immediate written notice to terminate, or immediately in the case of breach of the conditions contained herein.  If it is necessary to terminate this Agreement for whatever reason, all commission and payment entitlements will be accordingly honoured and paid in accordance with our Terms of Business.

14. HIPPO shall pay the referral fee and any loyalty bonus payment to the Agent following no later than one week on from the previous month’s end of business having received full payment for all orders placed.