The General Data Protection Regulations
EU – General Data Protection Regulations Compliance – 25th May 2018
By requesting an energy assessment to be undertaken on your property, you are consenting to the processing of your personal data for the purpose of producing a valid Energy Performance Certificate / Display Energy Certificate / Air -Conditioning Inspection Report or any other additional services, which is in line with the legal obligation to do so under ENERGY PERFORMANCE OF BUILDINGS REGULATIONS. Any personal data collected will be processed in accordance with the General Data Protection Regulation and all applicable laws and regulations relating to the processing of personal data and privacy.
The ENERGY PERFORMANCE OF BUILDINGS REGULATIONS require a copy of all Energy Performance Certificates / Display Energy Certificates / Air-Conditioning Inspection Reports to be lodged on a national register.
Further information about the ways in which data held on the register is made available to others is set out in a privacy notice.
Terms and Conditions
In these Terms and Conditions, the following words shall have the following meanings:
We” “Us” and “Our” are references trading as Complete EPC.
“EPC Assessor”, “You” and “Your” means an accredited EPC Assessor registered on Complete EPC’s network of Assessors.
“Client”, means the individual, company, partnership or organisation issuing the instruction to use our services.
“Consumer” means consumer as defined in the Consumer Protection (Distance Selling) Regulations 2000.
“The Property” means the premises, being a building as defined under the national legislation as having a requirement for an Energy Performance Certificate (EPC).
“Inspection or Assessment” means the study of those aspects of the property which contribute to the creation of an EPC carried out by the EPC Assessor.
“Instruction” means the agreement to require a Complete EPC registered EPC Assessor to carry out an Inspection under these terms and conditions.
“EPC” means the official document produced by computer software and as determined from time to time by UK government decree.
“Fee” means the amount in pound sterling agreed to be paid by the Client to Complete EPC. This Fee is determined in advance of the initiation of an Inspection. If the price is exclusive of VAT, this shall be clearly indicated in our literature and you will be additionally liable for the same (and for any other applicable taxes). We reserve the right at any time without notice to increase our prices.
“Information” means any information supplied by you to us in connection with the provision of the services, including any information supplied by the Client on any order forms.
“Literature” means our brochures, price lists and advertisements including the content of the website.
“Services” means the supply of services by the EPC Assessor to the Client (excluding any third party services), including but not limited to reports and photographs and other services from time-to-time and includes our instructions to third party suppliers on the Clients behalf.
“Website” means our website located at www.completeepc.co.uk
REGISTRATION AND AGREEMENT
Any services we provide will be on these conditions as may vary from time-to- time to the exclusion of all other Terms and Conditions.
By registering as a Complete EPC Assessor, you shall be deemed to have accepted these Terms and Conditions. Your continued use of the services shall amount to your acceptance of any variations to these Terms and Conditions.
The Agreement between us (which includes these Terms and Conditions) shall come into existence when we accept your registration in writing, by e-mail, via the website or other means, including the provision of the services.
Payment is due from the Client on submission of their order for the service of our EPC Assessors and if we do not receive payment from them on order, we reserve the right to cancel their order and terminate the services forthwith.
Once payment has been received by the client, it will remain in out Merchant Account. Once you have completed the EPC and assigned a valid RRN and forwarded the certificate to Complete EPC, we will disburse your payment 3 to 10 days thereafter.
ENERGY PERFORMANCE CERTIFICATE (‘S) OR ANY OTHER PRODUCT (‘S) OR SERVICE (‘S) WILL ONLY BE RELEASED, WHEN FULL PAYMENT HAS BEEN PAID IN FULL AND HAS CLEARED TO OUR ACCOUNT.
The client can reschedule the Inspection via the Customer Area on our www.completeepc.co.uk website up to 24 hours prior to the existing Inspection appointment without incurring any cancellation fee.
If an Inspection booking is cancelled or rescheduled within 24 hours of the scheduled appointment time, a £20 handling fee will be charged, of which, £10 will be payable to the Assessor 3 to 10 days thereafter.
If an appointment is booked by the Client under false pretence, the Assessor has the right to retain the EPC until any additional fee which may be incurred is paid to Complete EPC. Complete EPC will be responsible for collecting the said fee from the client. Following receipt of the additional fee, Complete EPC will disburse the payment to the Assessor 3 to 10 days thereafter. The Assessor will be notified when Complete EPC have receipt of the additional fee levied by the Assessor, from the Client.
If the Client cancels an appointment with more than 24 hours’ notice, they will be entitled to a full refund of payment.
CHANGES TO SERVICE
We reserve the right to make any changes to the services described in our literature to confirm with any applicable statutory requirements or which we deem appropriate in our sole discretion.
DELIVERY AND PERFORMANCE
You will, at a date and time agreed with the Client, visit the Property, and carry out an Inspection.
You will be required to contact the Client by telephone at the earliest convenient time to confirm the appointment.
You have confirmed at the point of registering with Complete EPC that you have the necessary qualifications, and current licenses to perform such Inspections.
During the Inspection you will use your reasonable professional endeavours to complete the Inspection, and produce the EPC in a timely manner.
By accepting the Client Terms and Conditions, The Client confirms that you have the right within the Property to take measurements; make diagrams; take photos; and make such notes, as you in your sole discretion believe necessary for the Inspection. The Client agrees that such documents, photos, etc. are the sole property of you and Complete EPC, and the Client has no rights to them in any manner or form. Such documents are made by you as required by the UK legislation in force from time to time, and you are required by law to retain such documents. At the conclusion of a time period set by UK law, you and Complete EPC confirm that we will safely and securely dispose of and destroy all such documents, and will not communicate anything therein to any third party who does not have a legal right to them.
You will exercise all reasonable care regarding safety, practicality and the constraints of being a visitor to the property, which may be occupied.
At all times you will extend the professionalism of Complete EPC on to the Client. You will conduct the Inspection in a courteous and professional manner.
You will not undertake any tests of the drains, heating, electrical or gas installations, domestic appliances or any other services.
You will not arrange for any investigation to be carried out to determine whether or not any hazardous material has been used in the construction of the property.
You will not report or guarantee that the structure meets building regulations or if the ground has sufficient load bearing strength to support the structure.
You will not carry out a building survey, valuation survey, environmental, geographical or any other survey apart from the EPC.
You will issue the EPC within reasonable time from Inspection, no longer than 5 working days thereafter.
In the event that an EPC is not lodged within 5 days from the Inspection, Complete EPC retain the right to refuse payment and instruct an alternative Assessor.
ACCESS TO THE PROPERTY
It is the Client’s responsibility to ensure that access to the Property is available on the day and at the time agreed. For the avoidance of doubt, the time agreed is considered to extend for one hour later than the agreed time, to cover unavoidable delays. You will not do an external survey or a drive-past survey.
The Client also confirms that only persons above the age of 16 years will be in charge of the Property throughout the Inspection. In the event that only minors below the age of 16 years are present, you will terminate the inspection immediately.
In the event of abusive, threatening, or violent behaviour, or if you are subjected to danger or risks posed by the property, animals or occupants, you will terminate the inspection immediately.
You will not attempt to enter parts of the property where access is not provided, such as sealed lofts and locked rooms.
You will not express an opinion about or advise upon the condition of uninspected parts or issues not related to the energy performance of the property.
If the property is of the type that you are unable to or not qualified to assess then the inspection shall be terminated.
At the point of registration you have confirmed you are a member of an accredited scheme authorised by HM Government, have Professional Indemnity Insurance and Third Party Risk insurance and all relevant legal items in place to conduct EPC Inspections. It is your responsibility to ensure such legal requirements are in place prior to and during any Inspection. Complete EPC will not be held liable for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation.
No responsibility rests on any party covered by these Terms & Conditions where through the actions of Force Majeure any party is unable or prevented from carrying out or performing its obligations hereunder.
Complete EPC shall have no liability to you for any failure to deliver services you have agreed or any delay in doing so that is caused by any event or circumstance beyond our control including, breakdown of systems or network access, weather conditions, flood, fire, explosion or accident.
All warranties, Conditions and other Terms implied by statute or common law are, to the fullest extent permitted by law, excluded, including where permitted and implied warranties of fitness for a particular purpose.
We shall not be liable for:
Any consequential or indirect loss including, but not by way of limitation, loss of profit or loss of contract, loss of goodwill, reputation or otherwise, arising out of or in connection with the services or the Agreement;
Any damage or loss whatsoever caused by any virus, including damage to your computer equipment, software, data or other property resulting from your access to, use of or browsing of the website.
You agree to indemnify us and keep us indemnified from and hold us on demand and harmless from and against all costs, claims, demands, actions, proceedings, liabilities, expenses, damages or losses (including, without limitation, consequential losses and losses of profit, and all interest penalties and legal and other professional costs and expenses) arising out of or in connection with;
Any breach by you of your obligations or these Terms and Conditions;
Any claim by a third party that the services infringe any rights of a third party or any applicable UK or international legislation or regulations.
Without prejudice to clause 9.2, you agree to pay all costs, damages, awards, fees and judgements finally awarded against us rising from such claims and you will provide us with notice of all claims or allegations, full authority to defend compromise or settle such claims and reasonable assistance necessary to defend such claims at your sole expense.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that any and all copyright connected with the design and development of the website and the contributory software written by us or our suppliers belong to us or are licensed to us;
All trademarks, trade names and domain names which appear in the literature belong to us, or to the relevant third party suppliers.
BREACH OF TERMS AND CONDITIONS
If we suspect that you are in breach of the Terms and Conditions or, if we become aware of any allegation or claim that you may be in breach of these Terms and Conditions, we may in our sole discretion, without notice to you or liability, penalty or obligation on our part, suspend, interrupt or terminate the performance of the services.
COMPLAINTS AND NOTICES
A Client complaint under or in connection with the service provided by a you, instructed via www.completeepc.co.uk will be requested to be sent to us via our Contact link in our website. We will aim to respond to any complaint within 5 working days.
If you have any complaint regarding an Instruction or booking or anything related to Complete EPC, you will be required to inform us of such complaint within 5 working days.
When a Client places an order with Complete EPC we will record their name, postal address, email address, telephone number(s). We gather this information to allow us to process any orders they have made. The relevant information is then used by us and you to communicate with them on any matter relating to the progress of any order and the provision of the service in general. We may also use information and statistics for the purposes of monitoring usage of the service in order to help us develop the website and our services. These statistics will not include information that can be used to identify any individual.
You will not use any Client information referred to in 13.1 for any other reason but to carry out the Inspection and subsequent EPC.
This agreement may be revised at any time, without notice, by displaying the revised agreement on the Website.
ACTING AS AN AGENT
Complete EPC act as an agent in placing the instruction for the completion of an EPC or other product.
You shall not be entitled to assign the Agreement or any part of it without our prior written consent.
We may assign the Agreement or any part of it to any person, firm or company.
Your order and these Terms and Conditions constitute the entire Agreement and understanding of the parties and supersede any previous Agreement between the parties. No oral explanation or oral information given by any party shall alter the interpretation of these Terms and Conditions.
The Agreement shall be governed by, and construed in accordance with, English Law and shall be subject to the non-exclusive jurisdiction of the English courts.
The EPC assessor will not be liable for any special, consequential or indirect damages, loss of profits (including direct loss of profits), loss of business, loss of revenue, loss of goodwill or loss of anticipated savings arising out of or in connection with the Terms. The Complete EPC is not liable for any disputes you have with the Energy Performance Certificate, rating or recommendations, any disputes you may have, will have to be taken up with assessor who assess the property, in this case any disputes you can find their details on the Energy Performance Certificate along with their Name, Accreditation Number and Accreditation Scheme.
9.6 The Client accepts that the Fees have been set in relation to the risks being assumed by the EPC assessor under the Terms, and that accordingly the limitations on the liability of the EPC assessor detailed in this Clause are reasonable.
99 Middlesex Street
Freephone: 0800 917 4026
1. STATEMENT OF INTENT.
From time to time, you may be asked to submit personal information about yourself (e.g. name and email address etc.) in order to receive or use services on our website. Such services include newsletters, competitions, “Alert Email”, live chats, message boards and membership (e.g. for support services).
By entering your details in the fields requested, you enable Complete EPC to provide you with the services you select. Whenever you provide such personal information, we will treat that information in accordance with this policy. Our services are designed to give you the information that you want to receive. Complete EPC will act in accordance with current legislation and aim to meet current Internet best practice.
The following statement explains our policy regarding the personal information we collect about you.
2. INFORMATION ON VISITORS.
We do not gather or use personal information from our website other than to use for despatching goods and invoices or for making contact with you as the result of an enquiry or support request. We do not pass on any personal information to other companies unless we are specifically instructed to do so by you.
3. WHAT IS A COOKIE?
When you enter a site your computer will automatically be issued with a cookie. Cookies are text files that identify your computer to our server. Cookies in themselves do not identify the individual user, just the computer used. Many sites do this whenever a user visits their site in order to track traffic flows.
Cookies themselves only record those areas of the site that have been visited by the computer in question, and for how long. Users have the opportunity to set their computers to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time. The last of these, of course, means that certain personalised services cannot then be provided to that user.
NB: Even if you haven’t set your computer to reject cookies you can still browse our site anonymously until such time as you attempt to purchase products or register for services.
4. USE AND STORAGE OF YOUR PERSONAL INFORMATION.
When you supply any personal information to Complete EPC (e.g. for purchase, services or support membership) we have legal obligations towards you in the way we deal with that data. We must collect the information fairly, that is, we must explain how we will use it (see the notices on particular webpages that let you know why we are requesting the information) and tell you if we want to pass the information on to anyone else. In general, any information you provide to us will only be used within Complete EPC and by its service providers. It will never be supplied to anyone outside Complete EPC without first obtaining your consent, unless we are obliged or permitted by law to disclose it. Also, if you post or send offensive or inappropriate content anywhere on or to Complete EPC, or otherwise engage in any disruptive behaviour on our website, and we consider such behaviour to be serious and/or repeated, we can use whatever information that is available to us about you to stop such behaviour. This may include informing relevant third parties such as your employer, school or e-mail provider about the content and your behaviour.
We will hold your personal information on our systems for as long as you use the service you have requested, and remove it in the event that the purpose has been met, or, in the case of support membership you no longer wish to continue your registration as a member. For safety reasons, however, Complete EPC may store messaging transcript data (including message content, member names, times and dates) arising from the use of services such as our forum for a period of six months. Where personal information is held for people who are not yet registered but have taken part in other services (e.g. competitions), that information will be held only as long as necessary to ensure that the service is run smoothly. We will ensure that all personal information supplied is held securely, in accordance with the Data Protection Act 1998.
If you are notified on Complete EPC site that your information may be used to allow us to contact you for “service administration purposes”, this means that we may contact you for a number of purposes related to the service you have signed up for. For example, we may wish to provide you with password reminders or notify you that the particular service has been suspended for maintenance. We will not contact you for promotional purposes, such as notifying you of improvements to the service or new services on our website unless you specifically agree to be contacted for such purposes at the time you submit your information on the site, or at a later time if you sign up specifically to receive such promotional information.
5. ACCESS TO YOUR PERSONAL INFORMATION.
You have the right to request a copy of the personal information about you and to have any inaccuracies corrected. (We charge £10 for information requests.)
Registered Office: Complete EPC, 99 Middlesex Street, LONDON, E1 7DA
6. USERS 16 AND UNDER.
If you are aged 16 or under, please get your parent/guardian’s permission beforehand whenever you provide personal information to any of our websites. Users without this consent are not allowed to provide us with personal information.
7. HOW TO FIND AND CONTROL YOUR COOKIES.
If you’re using Netscape 6.0
On your Task Bar, click:
Click on Advanced
Click on Cookies
If you’re using Internet Explorer 6.0
Choose Tools, then
Click the Privacy Tab
Click on Custom Level
Click on the ‘Advanced’ button
Check the ‘override automatic cookie handing’ box and select Accept, Block or Prompt for action as appropriate.
If you’re using Internet Explorer 5.0 or 5.5
Choose Tools, then
Click the Security tab
Click on Custom Level
Scroll down to the sixth option to see how cookies are handled by IE5 and change to Accept, Disable, or Prompt for action as appropriate.
If you’re using Internet Explorer 4.0
Choose View, then
Click the Advanced tab
In Internet Explorer 3.0
You can View, Options, Advanced, then click on the button that says Warn before Accepting Cookies.
If you’re using Netscape Communicator 4.0
On your Task Bar, click:
Click on Advanced
Set your options in the box that says Cookies.
Under the tab General (the default tab) click
Internet Explorer 3.0
On your Task Bar, click:
Netscape Communicator 4.0
Netscape bundles all cookies into one file on your hard drive. You’ll need to find the file, which it calls Cookie.txt on Windows machines.
8. HOW DO YOU SEE YOUR COOKIE CODE?
Just click on a cookie to open it. You’ll see a short string of text and numbers. The numbers are your identification card, which can only be seen by the server that gave you the cookie.
Freephone: 0800 917 4026
Registered Office: Complete EPC, 99 Middlesex Street, LONDON, E1 7DA
The Data Protection Act of 1998 Company (DPA 1998) Complete EPC United Kingdom
COPYRIGHT CO²mplete EPC ™ ©