Terms & Conditions
Leaseplanners Ltd Terms & Conditions: Business to Business
When using the services and/or purchasing content from Leaseplanners Ltd you agree to be bound by the following terms and conditions, whether instructing us by telephone, email, letter, online or in a face to face meeting.
1. In these conditions (“these Conditions”) unless the context requires otherwise:
“Leaseplanners” means Leaseplanners Limited, a company registered in England (company number 17118794 ) whose registered office is at Saracens House, 25 St Margarets Green, Ipswich, Suffolk, IP4 2BN.
‘the Client’ means the person, firm or company accepting a quotation from Leaseplanners Ltd for the sale/supply of Content or whose order or request for Content is accepted by Leaseplanners Ltd;
‘Content’ means the products and services which Leaseplanners Ltd, whether acting directly or through its subcontractors, is to supply in accordance with these Conditions and which are specified in any Instructions, including but not limited to Lease Plans, Title Plans, Transfer Plans, Floor Plans, HMO Floor Plans, Licensing Floor Plans;
‘Instructions’ means an order for the supply of Content placed by the Client which is accepted by Leaseplanners Ltd via email, telephone, fax, letter, online or face to face.
‘Contract’ means together the Instructions and these Conditions.
2. Leaseplanners shall supply and the Client shall purchase the Content in accordance with the Instructions, subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions that the Client seeks to impose or incorporate, or which are implied by trade, custom, product or course of dealing.
3. In the event of inconsistency between these Conditions and any special conditions contained in the Instructions, such special conditions shall prevail. No conduct by Leaseplanners Ltd shall constitute acceptance of any terms put forward by the Client.
4. No order submitted by the Client shall be deemed to have been accepted by Leaseplanners Ltd unless and until it has been expressly confirmed by email to the Client specifically indicating acceptance (as opposed to receipt) of the Client’s order subject to these conditions and when it is booked into Leaseplanners Ltd systems as accepted. Cancellations of orders shall be dealt with in accordance with clauses 24 and 25 below.
5. The Prices for the Content shall be the prices stated by Leaseplanners Ltd as detailed in the quote provided to you at the date on which the Contract is made and are exclusive of VAT. Leaseplanners Ltd reserves the right to vary its prices from time to time without notice.
6. Unless otherwise agreed in writing Leaseplanners Ltd shall be entitled to invoice the Client by email or post for the price of the Content on submission to the Client of the final job listed in the Instructions. The Client shall pay Leaseplanners Ltd the price of the Content within 1 days, or as otherwise agreed by prior credit agreement, of the date of the invoice. Time for payment shall be of the essence of the Contract.
7. All invoices shall include VAT where applicable.
8. If the Client fails to make payment of Leaseplanners Ltd invoice on the due date then, without prejudice to any other right or remedy available, Leaseplanners shall be entitled to:
a) Terminate the Contract or suspend any further deliveries of Content to the Client; and/or
b) Charge the Client interest at 8.5% per annum on the amount unpaid from the due date until the date of actual payment, together with the reasonable costs of recovering such unpaid amounts through legal action.
9. All Content is intended to be for illustrative purposes only and unless expressly stated, are not drawn to scale. Floor Plans are drawn in compliance with RICS (where expressly stated on the specific floor plan) but it is the Client’s sole responsibility to confirm that the Content provided is a reasonably accurate representation of the property and neither Leaseplanners Ltd shall be responsible in the event that Content is not a reasonable representation of the property through negligence or otherwise.
10. Measurements and square footages are considered ‘accurate’ if they are within 5% of the actual size. All measurements, fixtures, fittings and data shown are an approximate interpretation.
11. Liability for errors, omissions or mis-statement through negligence or otherwise is expressly excluded.
12. Content (floor plans) should not be used to calculate the value of a property as they are approximate and for illustrative and guidance purposes only.
13. All requests for amendments or changes to Content must be emailed to and carried out by Leaseplanners Ltd and not by any third party. Leaseplanners Ltd do not accept any responsibility or liability where amendments or changes to Content are made by a third party. Content shall not be sold or transferred to any third party without prior written permission from Leaseplanners Ltd – see further clause 33 below.
14. It is the Client’s responsibility to inform Leaseplanners Ltd, at the time the Client places the order, whether the Client requires any outbuildings and the name of each room of the property to be included.
15. When re-ordering Content from Leaseplanners Ltd archive it is the Client’s responsibility to confirm that the Content remains accurate and, if it does not remain accurate, to inform Leaseplanners Ltd in writing of any alterations to the property.
16. Where Content is produced from Client sketches (Sketch & Scan) or re-drawn from other representations of the property, Leaseplanners Ltd, in accordance with all other methods of creation, accepts no responsibility or liability for the accuracy of the Content or any areas calculated from them.
17. Leaseplanners Ltd and its agents will use reasonable skill and care in shooting, editing and providing photographs, virtual tours and other Content in accordance with the Client’s instructions. Notwithstanding this, it remains the Client’s responsibility to ensure that the photographs, virtual tours and other Content supplied by Leaseplanners Ltd meet the Client’s requirements. Photographs, virtual tours and property videos shall not be sold or transferred to any third party without prior written permission from Leaseplanners Ltd – see further clause 33 below.
18. Leaseplanners Ltd and its agents and sub-contractors will use reasonable skill and care in producing brochures to the Client’s instructions. In approving, by email, a proof in PDF (or other electronic format) the Client takes full responsibility for the content of the brochure and will be deemed by Leaseplanners Ltd to have proof read, checked and be satisfied with all aspects of the brochure including but not limited to the text, photographs, floor plans (including compass points), layout, logos and corporate colours.
19. Where necessary, minor ‘after-proof’ amendments may be made to the draft brochure free of charge. Leaseplanners Ltd reserves the right to charge the Client for any further amendments. Where the Client supplies photographs additional charges may be levied by Leaseplanners Ltd should the Client instruct Leaseplanners Ltd to carry out any re-touching. Brochures shall not be sold or transferred to any third party without prior written permission from Leaseplanners Ltd – see further clause 33 below.
20. In respect of all Content provided by Leaseplanners Ltd it is the Client’s responsibility to obtain, in advance of publication, any necessary clearances in respect of models, third party copyright works, trade marks, designs or other intellectual property except where such clearances have already been obtained by Leaseplanners Ltd or its agents or subcontractor. The Client agrees to indemnify Leaseplanners Ltd fully against any damages, losses, costs, claims or expenses incurred by Leaseplanners Ltd as a result of any failure by the Client to obtain such clearances.
21. Where Leaseplanners Ltd supplies an extract from an Ordnance Survey Map (including from their licensed partners) or the Client supplies Leaseplanners Ltd with a location map or similar for use in Content, it is the Client’s responsibility to ensure it has obtained the appropriate Paper Map Copying License in advance from Ordnance Survey.
22. The Client shall be responsible for providing access to the property at the time agreed in the Instructions and for ensuring that the property is both easily accessible and, in the case of photographs, virtual tours and other Content, in a suitably presentable condition. Leaseplanners Ltd shall not be held responsible if the photographs taken or the virtual tours or other Content produced are not considered suitable due to the condition of the property at the time the photographs were taken or the other Content recorded.
23. Use of Personal Data: Personal data relating to clients, vendors and other business relationships is not sold or disclosed to any third party in accordance with the Data Protection Act.
24. The Client warrants that it has all necessary authorities and permissions to commission floor plans, photography, virtual tours, other Content, EPCs and brochures or related services in relation to the property in question including allowing representatives of Leaseplanners Ltd access to the property. The Client agrees to indemnify Leaseplanners Ltd fully against all expenses, damages, claims and legal costs where such clearances have not been obtained.
25. It is Leaseplanners Ltd policy to accept cancellations up to 4 working hours before an appointment without charge. Where cancellations are received within 4 working hours of an appointment Leaseplanners Ltd shall be entitled to charge the Client a cancellation charge of up to 70% of the original job charge.
26. In the event that a brochure is cancelled after an order has been accepted but prior to delivery the Client will be responsible for all costs and expenses incurred by Leaseplanners Ltd up to the point of cancellation.
27. Leaseplanners Ltd warrants to the Client that;
a) The Content will, at the time of delivery to the Client, correspond with the Instructions and be of satisfactory quality;
b) it shall provide the Content using all reasonable care and skill and as far as reasonably practicable, in accordance with the Instructions;
provided that, in respect of all Content Leaseplanners Ltd shall not be liable to the Client whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss, damage, costs, expenses or other claims for compensation arising out of or in connection with the Contract.
28. Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
29. In respect of any breach by Leaseplanners Ltd of the warranties given by it under clause 27 above, Leaseplanners Ltd liability to the Client shall be limited (at Leaseplanners Ltd’ sole discretion) to:
a) Reworking, reproducing or repeating of the Content (or any parts) in question; and/or
b) Repayment of the price, or a proportion of the price, attributable to the Content in question.
30. Leaseplanners Ltd shall not be liable to the Client by reason of any negligence or any other tortious action or any representation (unless fraudulent), or any implied warranty, condition or other term, or under any express terms of the Contract, for any loss of anticipated revenue or savings, loss of profits, loss of business opportunities, loss of goodwill or damage to reputation or any indirect, special or consequential loss or damage, costs, expenses or other such claims for compensation whatsoever (whether caused by the negligence of Leaseplanners Ltd, its employees or agents or otherwise) which arises out of or in connection with the Contract, except as expressly provided in these Conditions.
31. The entire liability of Leaseplanners Ltd in respect of any and all claims made against it by the Client under or in connection with the contract shall not exceed the total price payable under the Contract, except as expressly provided in these conditions.
32. All copyright, trade marks, design rights and other intellectual property rights of any kind whatsoever whether registered or capable of registration or not in any part of the world and the right to apply for any of the foregoing rights subsisting in relation to or created or developed by Leaseplanners Ltd or its subcontractors in the course of creating and providing the Content shall remain (as between Leaseplanners Ltd and the Client) the absolute property of Leaseplanners Ltd or its subcontractors and no rights in such property are granted to the Client save for a non-exclusive license to use the Content for the purposes contemplated by the Contract.
33. The Client shall not be entitled to assign or sub-contract or otherwise dispose of any of its rights or obligations under the Contract without the prior written consent of Leaseplanners Ltd. In particular, the Client shall not be entitled to transfer or assign any Content to a third party, including to other property agents, without the prior written consent of Leaseplanners Ltd
34. The Contract constitutes the entire agreement and understanding between the parties with respect to its subject matter and the terms of the Contract shall supersede any previous agreements.
35. Each of the parties acknowledges and agrees that in entering into the Contract it does not rely on, and shall have no remedy and waives all rights in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) of any person (whether a party to the Contract or not) other than as expressly set out in the Contract as a warranty or a representation.
36. When the Client enquires about Leaseplanners Ltd services and/or becomes a client of Leaseplanners Ltd the Client’s name and contact details may be entered onto Leaseplanners Ltd database and client relationship management system. From time to time Leaseplanners Ltd and its IT and marketing consultants, may use this information for direct marketing purposes in connection with the business interests of Leaseplanners Ltd but the Client’s information will never be transferred to other third parties unless prior permission has been obtained. The Client shall have the power to remove its details from the database and client relationship management system at any time by emailing sales@leaseplanners.co.uk.
37. Subject to conditions 6 and 38, no variation to the Contract shall be effective unless made in writing and signed by or on behalf of the parties.
38. Leaseplanners Ltd reserves the right to amend these terms and conditions from time to time and will post the current version on its websites at www.leaseplanners.co.uk.
39. Nothing in the Contract is intended to confer on any person any right to enforce any term of the Contract which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.
40. Leaseplanners Ltd shall not be liable to the Client or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of Leaseplanners Ltd obligations under the Contract if the delay or failure was due to any circumstances beyond Leaseplanners Ltd reasonable control.
41. If any provision of the Contract is declared void or unenforceable by any court or is otherwise rendered so by any applicable law, such provision shall to the extent of such invalidity or unenforceability be deemed severable and all other provisions of the Contract not affected by such invalidity or unenforceability shall remain in full force and effect.
42. Any notice given under the Contract must be in writing and sent by pre-paid first class post to the parties’ respective addresses and will be deemed effectively served on the second business day following the day of posting. Leaseplanners Ltd address for notices is Saracens House, 25 St Margaret’s Green, Ipswich, Suffolk, IP4 2BN.
43. The construction, validity and performance of the Contract shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.
Leaseplanners Ltd Terms & Conditions: For Consumers / Private Orders
When using the services and/or purchasing content from Leaseplanners you agree to be bound by the following terms and conditions, whether instructing us by telephone, email, letter, online or in a face to face meeting.
Please ensure that you read these Conditions carefully, and check that the details on the Instructions and these Conditions are complete and accurate, before you sign the Instructions. If you think that there is a mistake, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.
1. In these conditions (“these Conditions”) unless the context requires otherwise:
“Leaseplanners” means Leaseplanners Limited, a company registered in England (company number 17118794 ) whose registered office is at Saracens House, 25 St Margarets Green, Ipswich, Suffolk, IP4 2BN..
‘the Client’ means the person, accepting a quotation from Leaseplanners Ltd for the sale/supply of Content or whose order or request for Content is accepted by Leaseplanners Ltd;
‘Content’ means the products and services which Leaseplanners Ltd, whether acting directly or through its subcontractors, is to supply in accordance with these Conditions and which are specified in any Instructions, including but not limited to Lease Plans, Title Plans, Transfer Plans, Floor Plans, HMO Floor Plans, Licensing Floor Plans;
‘Instructions’ means an order for the supply of Content placed by the Client which is accepted by Leaseplanners Ltd via email, telephone, fax, letter, online or face to face.
‘Contract’ means together the Instructions and these Conditions.
2. Leaseplanners Ltd shall supply and the Client shall purchase the Content in accordance with the Instructions, subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions that the Client seeks to impose or incorporate, or which are implied by trade, custom, product or course of dealing.
3. In the event of inconsistency between these Conditions and any special conditions contained in the Instructions, such special conditions shall prevail. No conduct by Leaseplanners Ltd shall constitute acceptance of any terms put forward by the Client.
4. When you submit an order to Leaseplanners Ltd, this does not mean that Leaseplanners Ltd have accepted your order for goods and/or services. Our acceptance of the Order will take place as described in this clause. No order submitted by the Client shall be deemed to have been accepted by Leaseplanners Ltd unless and until it has been expressly confirmed by email or over the phone to the Client specifically indicating acceptance (as opposed to receipt) of the Client’s order subject to these conditions and when it is booked into Leaseplanners Ltd systems as accepted. Cancellations of orders shall be dealt with in accordance with clauses 24 and 25 below.
5. The Prices for the Content shall be the prices stated in Leaseplanners Ltd price list current or as detailed in the quote provided to you at the date on which the Contract is made and are exclusive of VAT.Leaseplanners Ltd reserves the right to vary its prices from time to time without notice.
6. Unless otherwise agreed in writing Leaseplanners Ltd shall be entitled to invoice the Client by email or post for the price of the Content on submission to the Client of the final job listed in the Instructions. The Client shall pay Leaseplanners Ltd the price of the Content within 7 days, or as otherwise agreed by prior credit agreement, of the date of the invoice. Time for payment shall be of the essence of the Contract.
7. All invoices shall include VAT where applicable.
8. If the Client fails to make payment of Leaseplanners Ltd invoice on the due date then, without prejudice to any other right or remedy available to Leaseplanners Ltd, Leaseplanners Ltd shall be entitled to:
a) terminate the Contract or suspend any further deliveries of Content to the Client; and/or
b) charge the Client interest at 4% per annum on the amount unpaid from the due date until the date of actual payment, together with the reasonable costs of recovering such unpaid amounts through legal action. However, if Client disputes an invoice in good faith and contacts Leaseplanners Ltd to let them know promptly after Client has received an invoice that they dispute it, Condition 8. (b) will not apply for the period of the dispute.
9. All Content is intended to be for illustrative purposes only and unless expressly stated, are not drawn to scale. Floor Plans are drawn in compliance with RICS (where expressly stated on the specific floor plan) but it is the Client’s sole responsibility to confirm that the Content provided is a reasonably accurate representation of the property and neither Leaseplanners Ltd shall be responsible in the event that Content is not a reasonable representation of the property through negligence or otherwise.
10. Measurements and square footages are considered ‘accurate’ if they are within 5% of the actual size. All measurements, fixtures, fittings and data shown are an approximate interpretation.
11. Liability for errors, omissions or mis-statement through negligence or otherwise is expressly excluded.
12. Content should not be used to calculate the value of a property as they are approximate and for illustrative and guidance purposes only.
13. All requests for amendments or changes to Content must be emailed to and carried out by Leaseplanners Ltd and not by any third party. Leaseplanners Ltd do not accept any responsibility or liability where amendments or changes to Content are made by a third party. Content shall not be sold or transferred to any third party without prior written permission from Leaseplanners Ltd – see further clause 33 below.
14. It is the Client’s responsibility to inform Leaseplanners Ltd, at the time the Client places the order, whether the Client requires any outbuildings and the name of each room of the property to be included.
15. When re-ordering Content from Leaseplanners Ltd archive it is the Client’s responsibility to confirm that the Content remains accurate and, if it does not remain accurate, to inform Leaseplanners Ltd in writing of any alterations to the property.
16. Where Content is produced from Client sketches (Sketch & Scan) or re-drawn from other representations of the property, Leaseplanners Ltd, in accordance with all other methods of creation, accepts no responsibility or liability for the accuracy of the Content or any areas calculated from them.
17. Leaseplanners Ltd and its agents will use reasonable skill and care in shooting, editing and providing photographs, virtual tours and other Content in accordance with the Client’s instructions. Notwithstanding this, it remains the Client’s responsibility to ensure that the photographs, virtual tours and other Content supplied by Leaseplanners Ltd meet the Client’s requirements. Photographs, virtual tours and property videos shall not be sold or transferred to any third party without prior written permission from Leaseplanners Ltd – see further clause 33 below.
18. Leaseplanners Ltd and its agents and sub-contractors will use reasonable skill and care in producing brochures to the Client’s instructions. In approving, by email, a proof in PDF (or other electronic format) the Client takes full responsibility for the content of the brochure and will be deemed by Leaseplanners Ltd to have proof read, checked and be satisfied with all aspects of the brochure including but not limited to the text, photographs, floor plans (including compass points), layout, logos and corporate colours.
19. Where necessary, minor ‘after-proof’ amendments may be made to the draft brochure free of charge. Leaseplanners Ltd reserves the right to charge the Client for any further amendments. Where the Client supplies photographs additional charges may be levied by Leaseplanners Ltd should the Client instruct Leaseplanners Ltd to carry out any re-touching. Brochures shall not be sold or transferred to any third party without prior written permission from Leaseplanners Ltd – see further clause 33 below.
20. In respect of all Content provided by Leaseplanners Ltd it is the Client’s responsibility to obtain, in advance of publication, any necessary clearances in respect of models, third party copyright works, trade marks, designs or other intellectual property except where such clearances have already been obtained by Leaseplanners Ltd or its agents or subcontractor. The Client agrees to indemnify Leaseplanners Ltd fully against any damages, losses, costs, claims or expenses incurred by Leaseplanners Ltd as a result of any failure by the Client to obtain such clearances.
21. Where Leaseplanners Ltd supplies an extract from an Ordnance Survey Map (including from their licensed partners) or the Client supplies Leaseplanners Ltd with a location map or similar for use in Content, it is the Client’s responsibility to ensure it has obtained the appropriate Paper Map Copying License in advance from Ordnance Survey.
22. The Client shall be responsible for providing access to the property at the time agreed in the Instructions and for ensuring that the property is both easily accessible and, in the case of photographs, virtual tours and other Content, in a suitably presentable condition. Leaseplanners Ltd shall not be held responsible if the photographs taken or the virtual tours or other Content produced are not considered suitable due to the condition of the property at the time the photographs were taken or the other Content recorded.
23. Use of Personal Data: Personal data relating to clients, vendors and other business relationships is not sold or disclosed to any third party in accordance with the Data Protection Act.
24. The Client warrants that it has all necessary authorities and permissions to commission floor plans, photography, virtual tours, other Content, EPCs and brochures or related services in relation to the property in question including allowing representatives of Leaseplanners Ltd access to the property. The Client agrees to indemnify Leaseplanners Ltd fully against all expenses, damages, claims and legal costs where such clearances have not been obtained.
25.1 Before Leaseplanners Ltd begin to provide the Content Client has the following rights to cancel their Contract, including where you choose to cancel because Leaseplanners Ltd change these Conditions under condition 38 to your material disadvantage:
(a) you may cancel any Contract for Content within [20] calendar days of placing an Contract by contacting Leaseplanners Ltd. Leaseplanners Ltd will confirm your cancellation in writing to you;
(b) if you cancel a Contract under clause 25.1(a) and you have made any payment in advance for services that have not been provided to you, Leaseplanners Ltd will refund these amounts and any delivery charges to you;
(c) however, if you cancel a Contract under clause 25.1(a) and Leaseplanners Ltd have already started work on your order by that time, you will pay Leaseplanners Ltd any costs it has reasonably incurred in starting to fulfill the order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. Leaseplanners Ltd will tell you what these costs are when you contact them. However, where you have cancelled an order because of Leaseplanners Ltd failure to comply with these Conditions, you do not have to make any payment toLeaseplanners Ltd.
25.2 Once Leaseplanners Ltd have begun to provide the Content to you, you may cancel the contract for the Content at any time by providing Leaseplanners Ltd with at least 30 calendar days' notice in writing. Any advance payment you have made that have not been provided will be refunded to you.
25.4 Once We have begun to provide the Content to you, you may cancel the contract with immediate effect by giving Leaseplanners Ltd written notice if:
(a) Leaseplanners Ltd break this contract in any material way and Leaseplanners Ltd do not correct or fix the situation within 28 days of you asking Leaseplanners Ltd to in writing;
(b) Leaseplanners Ltd go into liquidation or a receiver or an administrator is appointed over its assets;
(c) Leaseplanners Ltd change these Terms under clause 38 to your material disadvantage;
25.5 If Leaseplanners Ltd have to cancel an order due to the unavailability of key personnel or key materials without which it cannot provide the Content it will promptly contact you.
25.6 If Leaseplanners Ltd has to cancel an order under condition 25.5 and Client has made any payment in advance for Content that has not been provided to Client, Leaseplanners Ltd will refund these amounts to Client.
25.7 Where Leaseplanners Ltd have already started work on Client’s Order for Content by the time it has to cancel under condition 25.5, Leaseplanners Ltd will not charge Client anything and Client will not have to make any payment to Leaseplanners Ltd.
25.8 Once Leaseplanners Ltd have begun to provide the Content to Client, Leaseplanners Ltd may cancel the contract at any time by providing you with at least 30 calendar days' notice in writing. If Client has made any payment in advance for Content that has not been provided to Client, Leaseplanners Ltd will refund these amounts to Client.
26. In the event that a brochure is cancelled after an order has been accepted but prior to delivery the Client will be responsible for all costs and expenses incurred by Leaseplanners Ltd up to the point of cancellation.
27.Leaseplanners Ltd warrants to the Client that;
a) the Content will, at the time of delivery to the Client, correspond with the Instructions and be of satisfactory quality;
b) it shall provide the Content using all reasonable care and skill and as far as reasonably practicable, in accordance with the Instructions;
provided that, in respect of all Content Leaseplanners Ltd shall not be liable to the Client whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss, damage, costs, expenses or other claims for compensation arising out of or in connection with the Contract.
28. Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
29. In respect of any breach by Leaseplanners Ltd of the warranties given by it under clause 27 above, Leaseplanners Ltdliability to the Client shall be limited (at Leaseplanners Ltd’ sole discretion) to:
a) reworking, reproducing or repeating of the Content (or any parts) in question; and/or
b) repayment of the price, or a proportion of the price, attributable to the Content in question.
30. Leaseplanners Ltd shall not be liable to the Client by reason of any negligence or any other tortious action or any representation (unless fraudulent), or any implied warranty, condition or other term, or under any express terms of the Contract, for any loss of anticipated revenue or savings, loss of profits, loss of business opportunities, loss of goodwill or damage to reputation or any indirect, special or consequential loss or damage, costs, expenses or other such claims for compensation whatsoever (whether caused by the negligence of Leaseplanners Ltd, its employees or agents or otherwise) which arises out of or in connection with the Contract, except as expressly provided in these Conditions.
31. Leaseplanners Ltd only supply the Content for your domestic and private use. You agree not to use the Content for any commercial, business or re-sale purpose, and Leaseplanners Ltd have no liability to Client for any loss of profit, loss of business, business interruption, or loss of business opportunity.
32. All copyright, trade marks, design rights and other intellectual property rights of any kind whatsoever whether registered or capable of registration or not in any part of the world and the right to apply for any of the foregoing rights subsisting in relation to or created or developed by Leaseplanners Ltd or its subcontractors in the course of creating and providing the Content shall remain (as between Leaseplanners Ltd and the Client) the absolute property of Leaseplanners Ltd or its subcontractors and no rights in such property are granted to the Client save for a non-exclusive licence to use the Content for the purposes contemplated by the Contract.
33. The Client shall not be entitled to assign or sub-contract or otherwise dispose of any of its rights or obligations under the Contract without the prior written consent of Leaseplanners Ltd. In particular, the Client shall not be entitled to transfer or assign any Content to a third party, including to other property agents, without the prior written consent of Leaseplanners Ltd
34. The Contract constitutes the entire agreement and understanding between the parties with respect to its subject matter and the terms of the Contract shall supersede any previous agreements.
35. Each of the parties acknowledges and agrees that in entering into the Contract it does not rely on, and shall have no remedy and waives all rights in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) of any person (whether a party to the Contract or not) other than as expressly set out in the Contract as a warranty or a representation.
36. When the Client enquires about Leaseplanners Ltd services and/or becomes a client of Leaseplanners Ltd the Client’s name and contact details may be entered onto Leaseplanners Ltd database and client relationship management system. From time to time Leaseplanners Ltd and its IT and marketing consultants, may use this information for direct marketing purposes in connection with the business interests of Leaseplanners Ltd but the Client’s information will never be transferred to other third parties unless prior permission has been obtained. The Client shall have the power to remove its details from the database and client relationship management system at any time by emailing sales@leaseplanners.co.uk.
37. Subject to conditions 6 and 38, no variation to the Contract shall be effective unless made in writing and signed by or on behalf of the parties.
38. Leaseplanners Ltd reserves the right to amend these terms and conditions from time to time and will post the current version on its websites at www.leaseplanners.co.uk. If Leaseplanners Ltd have to revise these Conditions, they will give you at least one month's written notice of any changes to these Conditions before they take effect. You can choose to cancel the contract in accordance with clause 25.
39. Nothing in the Contract is intended to confer on any person any right to enforce any term of the Contract which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.
40. Leaseplanners Ltd shall not be liable to the Client or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of Leaseplanners Ltd obligations under the Contract if the delay or failure was due to any circumstances beyond CP Creative Ltd (and Lease Planners) reasonable control.
41. If any provision of the Contract is declared void or unenforceable by any court or is otherwise rendered so by any applicable law, such provision shall to the extent of such invalidity or enforceability be deemed severable and all other provisions of the Contract not affected by such invalidity or enforceability shall remain in full force and effect.
42. Any notice given under the Contract must be in writing and sent by pre-paid first class post to the parties’ respective addresses and will be deemed effectively served on the second business
day following the day of posting.Leaseplanners Ltd (and Lease Planners) address for notices is Saracens House, 25 St Margaret’s Green, Ipswich, Suffolk, IP4 2BN.
43. The construction, validity and performance of the Contract shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.