You can find everything you need to know about us, Home Sale Information Limited (CRN: 14947917) (Home Sale Pack, we, us, our etc.), and our services on our website before you order. Our website is www.homesalepack.com. We also confirm the key information to you in writing before or after you order, either by email or in your online Account.
For example, business customers can’t cancel their orders, they have different rights where there is a problem with a service and we don’t compensate them in the same way for losses caused by us or our services. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying services wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
means a Representational State Transfer Application Programming Interface for HSP web service. The server securely transfers the status of a representation of a resource (a resource document) to a client application, the client consumes this resource document to enable additional functionality and other users to interact with data. Our resource representation is formatted as JSON.
If you are a business customer these terms constitute the entire agreement between us and you in relation to your purchase. If you are a business customer you acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
These Terms and Conditions form a legal contract between you and us when you create an Account and shall continue in force until this agreement ends (this period is referred to in this agreement as the Term).
Subject to these Terms and Conditions, Home Sale Pack shall make available to the Client an Account and access for a User, and an account for each subsequent User as requested by the organisation that will be linked to the client organisation account, to the Platform services. Subject to clause 6 below, Home Sale Pack hereby grants to the Client and each User a non-exclusive license to use the Platform for the duration of the Term in accordance with these Terms and Conditions using a Supported Web Browser, Home Sale Pack API or other technology approved by Home Sale Pack in writing from time to time. The licence granted by Home Sale Pack to the Client under 5 above is subject to the following limitations:
The Client shall implement and maintain reasonable security measures relating to the Access Credentials to ensure that no unauthorised person or application may gain access to the Platform by means of the Access Credentials. The Client confirms that they understand and agree that the availability of the Platform is subject to the Terms and Conditions and that availability of the Platform at all times is not guaranteed. The Client must comply with the provisions of Schedule 1 to these Terms and Conditions (which is our Acceptable Use Policy). The Client must ensure that all Users or persons using the Platform with the authority of the Client or by means of the Access Credentials comply with the Acceptable Use Policy. The Client must not use the Platform in any way that causes, or may cause, damage to the Platform or impairment of the availability or accessibility of the Platform. The Client must ensure that each User uses the Platform in any way that does not cause damage to the Platform or impairment of the availability or accessibility of the Platform. The Client must not use the Platform in any way that uses excessive Platform resources and as a result is liable to cause a material degradation in the services provided by Home Sale Pack of any person using the Platform. The Client acknowledges and agrees that Home Sale Pack may use reasonable technical measures to limit the use of Platform resources by the Client for the purpose of assuring the Platform is reasonably accessible to all Users. The Client must not use the Platform:
For the avoidance of doubt, neither the Client nor any User has any right to access the software code (including object code, intermediate code, and source code) of the Platform, either during or after the Term. Nothing in these Terms and Conditions shall operate to assign or transfer any intellectual property rights from Home Sale Pack to the Client or from the Client to Home Sale Pack. Both parties must:
A party’s confidential information may be disclosed by the other party to that other party’s officers, employees, professional advisers, insurers, agents and subcontractors who have a need to access or know the confidential information that is disclosed for the performance of their work with respect to this Agreement and who are bound by a written agreement or professional obligation to protect the confidentiality of the confidential information that is disclosed. No obligations are imposed by this Clause with respect to a party’s confidential information if that confidential information:
The restrictions in this Clause do not apply to the extent that any confidential information is required to be disclosed by any law or regulation, by any judicial or governmental order or request, or pursuant to disclosure requirements relating to the listing of the stock of either party on any recognised stock exchange. The provisions of clause 17 to 20 (inclusive) shall continue in force for a period of five years following the termination of this Agreement, at the end of which period they will cease to have effect. Both parties agree to comply with their respective obligations in the schedules of these Terms and Conditions.
Sometimes we reject orders, for example, because we can’t verify your age (where the service is age-restricted), because you are located outside our service areas [as stated on our website] or because the service was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
The Client shall pay the Fees to Home Sale Pack in accordance with Schedule 3. Home Sale Pack will provide full transparency with regards to fees and any additional fees which may become payable. We try to keep the fees within one set fee. Please refer to the Fees breakdown in Schedule 3. Home Sale Pack shall provide receipts and/or invoices to the Client accordingly. If the payment is declined, then Home Sale Pack reserves the right to suspend the platform until payment is received in full.
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
If we do not receive any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
If the rate of VAT changes between your order date and the date we supply the service, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect. We will provide you with an electronic VAT receipt within 24 hours of completion of your purchase.
If our supply of the Services is delayed by an event outside our control, such as errors or bugs in the Platform, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we don’t have to compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team on 0345 129 7525 to end the contract and receive a refund for any services you have paid for in advance, but not received. The Client acknowledges that complex software is never wholly free from defects, errors and bugs and, subject to the other provisions of these Terms and Conditions, Home Sale Pack gives no confirmation that the Platform will be wholly free from defects, errors and bugs. The Client acknowledges that complex software is never entirely free from security vulnerabilities and subject to the other provisions of these Terms and Conditions, Home Sale Pack gives no confirmation that the Platform will be entirely secure. The Client acknowledges that the Platform is designed to be compatible only with that software and those systems as specified from time to time and Home Sale Pack does not provide any confirmation that the Platform will be compatible with any other software or systems. The Client acknowledges and agrees that Home Sale Pack will not provide any legal, financial, accountancy or taxation advice under these Terms and Conditions or in relation to the Platform and, except to the extent expressly provided otherwise in these Terms and Conditions, Home Sale Pack does not provide any confirmation that the Platform or the use of the Platform by the Client will not give rise to any legal liability on the part of the Client or any other person.
This section sets out what you have to do under this Agreement. You must promptly provide us or use reasonable effort to ensure that there is provided to us:
The Client understands that Home Sale Pack will provide a report on the information at hand for the property and provided by the Client. This report will be provided for information purposes and cannot be relied upon by the Client as legal advice. The Client understands that if any corrective action is required, Home Sale Pack can recommend a preferred legal adviser. Home Sale Pack cannot carry out any title rectification or other legal services. The Property Health Check is for the Client to use as a guide to highlight any corrective actions which may need to be addressed during the conveyancing process. This is not substantive and cannot be relied upon as legal advice. Home Sale Pack will not be responsible for any errors or for ensuring that the document is fit for the Client’s own purpose. Where the platform raises corrective actions in relation to actions or information required by the Client, these will be highlighted and the report will not be shown as complete until these are received. We can still provide a “draft report” should this be requested. Home Sale Conveyancing is part of Home Sale Group and can provide legal advice on the Property Health Check, the corrective actions of the conveyancing for the sale. Their fees will be in addition to those included in Home Sale Pack, unless the Client has opted for the all-in-one fees service. Should you require the services of Home Sale Conveyancing, we can make the introduction, but there will be a separate agreement for the Client to enter into. If you are a business then you shall indemnify and keep indemnified Home Sale Pack against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by Home Sale Pack and arising directly or indirectly as a result of any material breach by the Client of these Terms and Conditions or applicable law or regulation.
For most of our Services bought online, through the Account or using the Platform, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.
You can’t change your mind about an order for:
If you change your mind about a Service you must let us know no later than 14 days after:
To let us know you want to change your mind, contact our Customer Service Team on 0345 129 7525.
If your product is a service or digital content, we refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. We don’t charge a fee for the refund.
We tell you when and how you can end an on-going contract with us (for example, for regular services or a subscription to digital content) during the order process and we confirm this information to you in writing after we’ve accepted your order. If you have any questions, please contact our Customer Service Team on 0345 129 7525.
Your rights and remedies if you are a consumer. We honour our legal duty to provide you with services that are as described to you on our website and that meet all the requirements imposed by law.
We can always change a Service:
We can also make the following types of change to the Services or these terms, but if we do so we’ll notify you and you can then contact our Customer Service Team on 0345 129 7525 to end the contract before the change takes effect and receive a refund for any Services you’ve paid for in advance, but won’t receive.
We can suspend the supply of a service. We do this to:
We will use reasonable endeavours to carry out any maintenance outside of usual business hours to minimise disruption. We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If you are a consumer and we suspend the service for longer than 14 days we adjust the price so you don’t pay for it while it’s suspended. If we suspend supply, or tell you we’re going to suspend supply, for more than 14 days you can contact our Customer Service Team on 0345 129 7525 to end the contract and we’ll refund any sums you’ve paid in advance for services you won’t receive.
We can stop providing any Service or a subscription for digital content. We let you know at least 24 hours in advance and we refund any sums you’ve paid in advance for any Services which won’t be provided.
We can end our contract with you for a service and claim any compensation due to us (including enforcement costs) if:
Home Sale Pack may terminate this Agreement by giving to the Client not less than thirty days’ written notice of termination. The Client may terminate this Agreement by giving to Home Sale Pack not less than thirty days’ written notice of termination or by using any account closure procedure available on the Platform. In this clause “material breach” includes but is not limited to failure to make any payment due under these Terms and Conditions by the date on which it falls due. Either party may terminate this Agreement immediately by giving written notice of termination to the other party if:
Subject to applicable law, either party may terminate this Agreement immediately by giving written notice of termination to the other party if:
Even after this Agreement ends you still retain the rights that you had under this Agreement in relation to any non-compliance of it by us before it ended. Even after this Agreement ends we still retain the rights that we had under this Agreement in relation to any non-compliance of it by you before it ended. You have to pay to us any outstanding Fees relating to Services that were provided to you before this Agreement ended. We have to refund to you any Fees that you have already paid to us which relate to the period after the date on which this Agreement ended.
If you are a consumer then we are responsible for losses you suffer caused by us breaking this contract unless the loss is:
If you are a business, then, except in respect of the losses described in “Losses we never limit or exclude”:
Nothing in these terms shall limit or exclude our liability for:
Except to the extent expressly stated in this Agreement, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
Home Sale Pack may integrate the Platform with additional Third Party Services at any time to enhance the use of the Platform. The Client acknowledges and agrees that:
Home Sale Pack gives no guarantees or confirmations in respect of any Third-Party Services. If you are a business, Home Sale Pack shall not be liable to the Client in respect of any loss or damage that may be caused by Third Party Services or any provider of Third-Party Services. Home Sale Pack may change integration with Third Party Services from time to time. The Client grants to Home Sale Pack a non-exclusive licence to copy, reproduce, store, distribute, publish, export, adapt, edit and translate the Client Data to the extent reasonably required for the performance of Home Sales Pack’s obligations and the exercise of Home Sale Pack’s rights under this Agreement. The Client also grants to Home Sale Pack the right to allow its hosting, connectivity and telecommunications service providers to use these rights to, subject to any express restrictions elsewhere in this Agreement. The Client confirms to Home Sale Pack that the Client Data will not infringe the intellectual property rights or other legal rights of any person, and will not breach the provisions of any law, statute or regulation of the law of any jurisdiction in which the Client or User may access the Platform. Home Sale Pack shall use reasonably commercial endeavours to create and maintain a back-up copy of the Client Data sufficient to enable Home Sale Pack to restore the Platform to the same state at the time the back-up was taken. Each party shall comply with the Data Protection Laws with respect to the processing of the Client Personal Data. The Client confirms to Home Sale Pack that it has the legal right to provide all Personal Data that it provides to Home Sale Pack under or in connection with this Agreement. The Client shall only supply to Home Sale Pack, and Home Sale Pack shall only process, in each case under or in relation to this Agreement:
Home Sale Pack shall only process the Client Personal Data for the purposes specified in Section 3 of Schedule 2 (Data processing information). Home Sale Pack shall only process the Client Personal Data during the Term and for a period of six years following the end of this Agreement, subject to the other provisions of Clauses 67 to 92 (inclusive). Home Sale Pack shall only process the Client Personal Data on the documented instructions of the Client (including with regard to transfers of the Client Personal Data to any place outside the European Economic Area and the United Kingdom) as set out in these terms and conditions or any other document in writing agreed by the parties. Home Sale Pack shall ensure that persons authorised to process the Client Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. Home Sale Pack and the Client shall each implement appropriate technical and organisational measures to ensure an appropriate level of security for the Client Personal Data. The Client acknowledges and agrees and confirms their consent to Home Sale Pack for the processing Client Personal Data as follows:
Home Sale Pack is hereby authorised by the Client to engage, as sub-processors with respect to all Client Personal Data all those third parties identified in Section 5 of Schedule 2 (Data processing information). Home Sale Pack shall, insofar as possible and considering the nature of the processing, take appropriate technical and organisational measures to provide reasonable assistance to the Client with the fulfilment of the Client’s obligation to respond to requests exercising a data subject’s rights against the Client under the Data Protection Laws. In the capacity as a data processor only Home Sale Pack agrees to provide reasonable assistance to the Client to ensure the Client’s compliance with obligations relating to the security of processing of the Client’s Personal Data, the notification of personal data breaches to the supervisory authority, the communication of personal data breaches to the data subject, data protection impact assessments and prior consultation in relation to high-risk processing under the Data Protection Laws. Home Sale Pack may separately charge the Client for any work performed by Home Sale Pack at the request of the Client pursuant to these Clauses 67 to 92 (inclusive). Home Sale Pack must notify the Client of any Personal Data breach affecting the Client Personal Data without undue delay and, in any case, not later than 24 hours after Home Sale Pack becomes aware of the breach. Home Sale Pack shall make available to the Client all information reasonably requested by the Client to demonstrate the compliance of Home Sale Pack with its obligations under Clauses 67 to 92 (inclusive) and the Data Protection Laws. Home Sale Pack may charge the Client for any work performed by Home Sale Pack at the request of the Client pursuant to these Clauses 67 to 92 (inclusive). Home Sale Pack shall, at the choice of the Client, delete or return all of the Client Personal Data to the Client after the provision of services relating to the processing, and shall delete existing copies save to the extent that applicable law requires storage of the relevant Personal Data. Home Sale Pack shall allow for and contribute to audits, including inspections, conducted by the Client or another auditor mandated by the Client in respect of the compliance of Home Sale Pack’s processing of Client Personal Data with the Data Protection Laws and Clauses 67 to 92 (inclusive). Home Sale Pack may charge the Client for any work performed by Home Sale Pack at the request of the Client pursuant to Clauses 67 to 92 (inclusive). If any changes or prospective changes to the Data Protection Laws result or will result in one or both parties not complying with the Data Protection Laws in relation to processing of Personal Data carried out under this Agreement, then the parties shall use their best endeavours promptly to agree such variations to this Agreement as may be necessary to remedy such non-compliance. Home Sale Pack agrees not to engage any third party to process the Client Personal Data without the prior specific or general written authorisation of the Client. In the case of a general written authorisation, the Provider shall inform the Client at least 5 days in advance of any intended changes concerning the addition or replacement of any third-party processor, and if the Client objects to any such changes before their implementation, then the Client may terminate this Agreement subject to these Terms and Conditions. Home Sale Pack shall ensure that each third-party processor is subject to the same legal obligations as those imposed on Home Sale Pack by these Clauses 67 to 92 (inclusive).
You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
We can transfer our contract with you, so that a different organisation is responsible for supplying your service. We’ll contact you to let you know if we plan to do this. If you’re a consumer and you’re unhappy with the transfer you can contact our Customer Service Team on 0345 129 7525 and we will refund you any payments you’ve made in advance for any Services not provided. You can only transfer your contract with us to someone else if we agree to this. If you’re a consumer we may not agree if any Fees are outstanding. If you’re a business you need our agreement to transfer your contract with us and it’s entirely up to us whether we give it. Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
This acceptable use policy (the “Policy”) sets out the rules governing:
References in this Policy to “us” are to Home Sale Information Limited (and “we” and “our” should be construed accordingly). By using the Services, you agree to the rules set out in this Policy. We will ask for your express agreement to the terms of this Policy before you upload or submit any Content or otherwise use the Services. You must be at least 18 years of age to use the Services and by using the Services, you confirm to us that you are at least 18 years of age.
Content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Content, and the use of Content by us in any manner licensed or otherwise authorised by you, must:
You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.
Content must not be untrue, false, inaccurate or misleading. Statements of fact contained in Content and relating to persons (legal or natural) must be true and statements of opinion contained in Content and relating to persons (legal or natural) must be reasonable, be honestly held and indicate the basis of the opinion.
You must only use the Services for the purposes of supporting your trade, profession, business, or for your personal use to sell a property which is owned by you, or that you have been appointed to sell.
You acknowledge that we may actively monitor the Content and the use of the Services.
You must not conduct any systematic or automated data scraping, data mining, data extraction, data harvesting or other systematic or automated data collection activity, by means of or in relation to the Services.
You must not link to any material using, or by means of, the Services that would, if it were made available through the Services, breach the provisions of this Policy.
The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies. The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.
Customers of a Client, the clients nominated Users and any other individual whose information is provided to Home Sale Pack by a Client in order to process personal data using the Platform.
Security measures are defined based on periodic risk assessments and responsibility for review and implementation is assigned to specific individuals with relevant expertise and overarching responsibility held by the board. Home Sale Pack has in place security policies which:
Some of our data processors will store some Client’s Personal Data in the UK. This means that it will be fully protected under the Data Protection Legislation. Some of our data processors will store a Client’s Personal Data within the European Economic Area (the “EEA”). The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein. This means this Personal Data will be fully protected under the EU GDPR and/or to equivalent standards by law. Transfers of personal data to the EEA from the UK are permitted without additional safeguards. For any transfers of Client Personal Data from countries within the EEA to countries which do not ensure an adequate level of data protection (each known as a “third country”), Home Sale Pack and the Permitted Sub-Processors may use the contractual clauses for the transfer of personal data to processors established in third countries established pursuant to the EU Commission Decision 2010/87/EU of 5 February 2010 (commonly known as the ‘Standard Contractual Clauses’). The transfer and processing of personal data will otherwise be in accordance with Data Protection Legislation. We will take additional steps to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation as follows:
The following standard Fees will apply unless we have agreed an alternative pricing with you, or you are currently benefiting from an introductory offer or other discount. We periodically update our Fees but we will give you 30 days’ notice by email before any changes take effect. All prices are exclusive of VAT at the prevailing rate
© Home Sale Pack is an online service providing property relevant information, legal forms, and information. Home Sale Pack is not a law firm or a substitute for a lawyer’s advice about complex property related issues.
