This User Agreement sets out the terms on which SurveySeller offers you access to and use of our site and services. You agree to comply with all of the below when accessing or using our services. Starting on 1 January 2018, you are entering into a contract with SurveySeller Limited, 31 Broadlee Wilnecote Tamworth B77 4PF, United Kingdom.
(a) SurveySeller is a marketplace that allows users to offer, sell and buy building or property surveys.
(b) SurveySeller does not have possession of anything listed or sold through SurveySeller, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller.
(c) While we may provide pricing, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. SurveySeller does not review users' listings or content. While we may help facilitate the resolution of disputes, SurveySeller has no control over and does not guarantee the existence, quality, safety or legality of surveys advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell surveys; the ability of buyers to pay for surveys; or that a buyer or seller will actually complete a transaction or receive a survey.
(d) You authorise SurveySeller to automatically charge your chosen payment method in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Services provided by SurveySeller. This includes, but is not limited to, amounts owed for SurveySeller fees and reimbursements. If payments or amounts owed to SurveySeller cannot be completed for any reason, you remain obligated to pay SurveySeller for all unpaid amounts and SurveySeller reserves the right to seek reimbursement through other means plus any additional costs incurred by SurveySeller in seeking reimbursement.
If a seller chooses or is required to reimburse the buyer or SurveySeller because an issue is resolved in the buyer's favour, we may:
(1) remove funds from the seller's payment service to reimburse the buyer for the cost of the survey in accordance with the seller's authorisation provided to us under this User Agreement; or
(2) where there are insufficient funds in the seller's payment service, directly refund the buyer for the cost of the survey and, in this case, the seller must reimburse us in full, and in a timely manner, for an amount equivalent to the sum we paid to the buyer.
Where the seller is found at fault, we will notify the seller and charge the reimbursement amount to the seller's chosen method of payment, or invoice the seller for the reimbursement amount.
Overview of SurveySeller Terms and Conditions
Using this website, you agree to the terms and conditions.
Only GBP (£ sterling) is accepted
SurveySeller is not the buyer or seller of the survey.
The ‘seller’ listing the survey on SurveySeller is the legal owner of the survey (usually referred to as the ‘client’ in the survey)
The ‘client’ is the person who commissioned the survey report and will be referred to in the survey.
The ‘buyer’ is the recipient purchasing the survey through SurveySeller.
Typical prices of survey reports as of July 2017.
It is the sellers’ responsibility to check the terms and conditions of the survey report to ensure there are no restrictions on selling of the report.
A survey report is a document between the original ‘client’ (the person requesting the survey from the surveyor who wrote the report) and the surveyor’. The terms and conditions of that report including any guarantees, complaints procedure and legal repercussions will not be transferred to the new owner of the report. In other words the person buying the report will have no redress against the seller (the client) or the original surveyor or SurveySeller if the buyer of the report finds an issue of any kind with the survey or the property for which the survey was carried out.
SurveySeller is in no way liable for the content or accuracy of any report that is sold through SurveySeller.
The buyer should not rely upon the survey report for the purpose of any transaction.
The Seller has read, understood and agrees to abide to the terms and conditions of the survey they are listing on SurveySeller.
The buildings survey should only be regarded as a guide and will not be a legally binding document.
Any errors, mistakes, omissions incorrect statements in the report will have no recourse and no means of redress or actions against or complaints or compensation.
Unless expressly provided, no term in the agreement between the surveyor and the client referred to in the report is enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person other than the surveyor or the original client.
The buildings or property survey terms and conditions is a contract between the surveyor who drafted the report and the client who requested the building survey report from the surveyor only.
Property value may change and where there is a property value in the report it may be out of date and should not be regarded as accurate.
SurveySeller will forward the file it received from the seller to the buyer after SurveySeller the agreed selling price money has been received and cleared from the buyer.
SurveySeller will forward the agreed sale price money, minus fees, to the seller within 5 working days of receipt of funds from the buyer unless the buyer raises a dispute.
The buyer must raise a dispute within 2 days of receipt of the electronic file sent from SurveySeller. If the buyer raises a dispute within this time then the funds will remain with SurveySeller until the dispute is resolved.
If the dispute is found in favour of the buyer then all monies received by SurveySeller for that particular purchase from the buyer will be returned to the buyer in full. However the seller will still be liable to pay the selling fees.
Once a sale has been agreed and the funds successfully transferred to SurveySeller and the purchased file sent to the buyer by SurveySeller then the buyer has two days from the time the file was sent to raise a dispute. If no dispute is raised then the buyer will have been deemed to have accepted the file, its contents and the transaction as satisfactory cannot raise a dispute or complaint with SurveySeller against the transaction, the file received, monies payed, the seller or SurveySeller.
In connection with using or accessing the Services you will not:
(1) list or upload content of surveys inappropriately.
(2) breach or circumvent any laws, third party rights or our systems or policies.
(3) sell any counterfeit surveys or otherwise infringe the copyright, trademark or other rights of third parties.
(4) use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services.
(5) fail to pay for surveys purchased by you, unless you have a valid reason as set out in an SurveySeller policy the seller has materially changed the survey's description after you make an offer, a clear typographical error is made, or you cannot contact the seller
(6) fail to deliver surveys sold by you, unless you have a valid reason as set out in a SurveySeller policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer.
(7) manipulate the price of any survey or interfere with any other user's listings.
(8) post false, inaccurate, misleading, defamatory, or libellous content.
(9) transfer your SurveySeller account and user ID to another party without our consent.
(10) distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.
(11) use the contact information of other users for any purpose other than in relation to a specific SurveySeller transaction (which includes using this information to send marketing materials directly to SurveySeller users unless the user has given explicit consent to receiving these materials).
(12) distribute viruses or any other technologies that may harm SurveySeller, or the interests or property of SurveySeller users.
(13) use any robot, spider, scraper or other automated means to access our Services for any purpose.
(14) bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure.
(15) export or re-export any SurveySeller application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions.
(16) copy, modify, or distribute rights or content from our Services or SurveySeller's works of authorship, designs and trademarks.
(17) copy, reproduce, reverse engineer, modify, create derivative works from, distribute, perform or publicly display any content (except for your information) from our Services without the prior express written permission of SurveySeller and the appropriate third party, as applicable.
(18) commercialise any SurveySeller application or any information or software associated with such application.
(19) harvest or otherwise collect information about users, such as email addresses, without their consent.
(20) circumvent any technical measures we use to provide the Services.
If you are a business entity user you represent that you have the authority to legally bind that entity. You must comply with all applicable laws relating to online trading for the site you are selling on (please see Listing Conditions for more information on the legal requirements for selling in the UK).
You agree that we will commence supplying our services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any services provided up to the point of cancellation.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel monetary offers, remove listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
(1) we think that you are creating problems or possible legal liabilities;
(2) we think that such restrictions will improve the security of the SurveySeller community or reduce our or another SurveySeller user's exposure to financial liabilities;
(3) we think that you are infringing the rights of third parties;
(4) we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
(5) despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
(6) you fail to make full payment of any fees due for our Services by your payment due date.
When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.
The fees we charge for using our services are listed on our Seller Costs page. We may change our fees, or introduce new fees from time to time by posting the changes on the SurveySeller site 30 days in advance. You may close your account without penalty within 30 days of such notice being given.
You are required to have a valid payment method when selling on SurveySeller. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods and retaining collection agencies or legal counsel.
If a sale is agreed you agree to SurveySeller taking its fees from the transaction money received.
When listing a survey, you agree to comply with the rules for listing and selling practices policy and that:
(1) you are responsible for the accuracy, content and legality of the survey listed and agree to list in accordance with the prohibited and restricted Surveys policy;
(2) your listing may not be immediately searchable for up to 72 hours. SurveySeller does not guarantee exact listing durations.
(3) content that violates any of SurveySeller's policies may be deleted at SurveySeller's discretion.
(4) we may revise data in the SurveySeller product catalogue to supplement, remove, or correct information you have provided and, if your listing uses data that has been revised, those revisions may modify your listing accordingly.
(5) Meta-tags and URL links that are included in a listing will be removed or altered so as to not affect third party search engine results.
(6) We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings. results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other sellers.
When buying a survey, you agree to comply with the rules for buyers and that:
(1) you are responsible for reading the full survey listing before making commitment to buy.
(2) you enter into a legally binding contract to purchase an survey when you commit to buy an survey or your offer is otherwise accepted.
(3) if you purchase a survey on a SurveySeller site other than surveyseller.uk you are subject to the User Agreement of that other SurveySeller site solely with respect to that particular purchase.
(4) Only GBP (£ sterling) is accepted
(5) Sellers and buyers are responsible for complying with all laws and regulations applicable to international sales, purchases, and postage of surveys.
(1) When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sub licensable (through multiple tiers) right to use the content (including without limitation, creating and using derivative works) and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sub licensees or our assignees. That permission is subject to modification or revocation at any time at SurveySeller’s sole discretion.
(2) While we try to offer reliable data, we cannot promise that content will always be accurate and up-to-date, and you agree that you will not hold us responsible for inaccuracies.
(2) To protect against the risk of liability SurveySeller may request that a payment service restrict access to funds in a seller's payment service account based on certain factors, including, but not limited to, selling history, seller performance, disputes, transaction value or the filing of a case. This may result in the payment service determining to restrict funds in your payment service account.
When a buyer is refunded, you authorise SurveySeller to request the payment service provider to reverse the refund amount (in the same or other currency) from your payment service provider account, and place the amount on your seller invoice as a fee.
If we resolve a case in the buyer's favour, or if a seller chooses to reimburse a buyer, SurveySeller may reimburse the buyer for the full cost of the survey. We will directly refund the buyer and charge the seller's designated payment method for the listing fee.
For this purpose, you, in the capacity of a seller:
(1) authorise and instruct us to request your payment service provider to collect or reverse variable amounts from your payment service provider account to carry out a buyer reimbursement;
(2) authorise and instruct us to request your payment service provider to collect or reverse variable amounts in other currency holdings (representing payments related to eligible claims) from your payment service provider account to carry out a buyer reimbursement where you do not have sufficient funds available in the transaction currency;
(3) authorise and instruct us to request your payment service provider to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the survey and original postage costs paid by the buyer) in your payment service provider account at any point during the resolution process. (This may result in your payment service provider determining to restrict funds in your payment service provider account in order to manage your payment service provider’s risk exposure pursuant to your payment service provider policies. See Restricting funds.);
(4) authorise and instruct us to charge the payment method you select to recover the amount we pay to the buyer (in cases where we refund the buyer directly); and
(5) authorise and instruct us to place the reimbursement amount on the seller invoice.
(6) You acknowledge and agree that your authorisations above will be made on a recurring basis and on various dates as required by us. For future claims, where we resolve a dispute in the buyer's favour, we will notify the seller and continue to charge the seller's preferred method of payment. If sellers do not provide SurveySeller with a valid reimbursement method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the refund or reimbursement.
We try to keep SurveySeller and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Notification functionality in SurveySeller's Services may not occur in real time. Such functionality is subject to delays beyond SurveySeller's control.
We (including our directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
(1) your use of or your inability to use our Services;
(2) pricing, or other guidance provided by SurveySeller;
(3) delays or disruptions in our Services;
(4) viruses or other malicious software obtained by accessing, or linking to, our Services;
(5) glitches, bugs, errors, or inaccuracies of any kind in our Services;
(6) damage to your hardware device from the use of any SurveySeller Service;
(7) the content, actions, or inactions of third parties, including surveys listed using our Services or the destruction of allegedly fake surveys;
(8) a suspension or other action taken with respect to your account or breach of the Abusing SurveySeller section;
(9) the duration or manner in which your listings appear in search results as set out in the Listing conditions section; or
(10) your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any surveys you list on any of our sites.
User verification on the internet is difficult. SurveySeller cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the price the survey sold for on SurveySeller (b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) £100.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of SurveySeller's Services or your breach of any law or the rights of a third party.
If a dispute arises between you and SurveySeller, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and SurveySeller both agree to submit to the non-exclusive jurisdiction of the English Courts.
In simple terms, "non-exclusive jurisdiction of the English courts" means that if you were able to bring a claim arising from or in connection with this User Agreement against us in Court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We may amend this User Agreement at any time by email or by posting the amended terms on www.SurveySeller.uk. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.
This User Agreement may not be otherwise amended except through mutual agreement by you and a SurveySeller representative authorised to do so.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the SurveySeller site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
The User Agreement and all polices posted on our site are the entire agreement between you and SurveySeller and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our services), Content, Liability, Compensation, Legal disputes and the release contained in this General section. Legal notices shall be served by registered mail to SurveySeller Limited, 31 Broadlee Wilnecote Tamworth B77 4PF, United Kingdom. We shall send notices to you by email to the email address you provide to SurveySeller during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.