[TITAN ENVIRONMENTAL SURVEYS] LIMITED
[SURFACE WATER DRAINAGE REBATE SURVEY SERVICE]

TERMS AND CONDITIONS FOR USERS OF WWW.SOAKAWAYUK.COM

1. Definitions
  1.1. ‘Claim’  means any claim for the Rebate submitted to Your Sewerage Service Supplier by Us on your behalf 
  1.2.

‘Fee’

 means the agreed fee including VAT 
  1.3. ‘Payment Option’ means any of the payment options set out on page 1 of this Agreement
  1.4. ‘Rebate’ means the surface water drainage rebate granted by sewerage service suppliers at the rate applied by Your Sewerage Service Supplier
  1.5. ‘Services’ means the services described in clause 2
  1.6. ‘Successful’ means that Your Sewerage Service Supplier agrees to grant you the Rebate as a result of a Claim
  1.7. ‘Your Sewerage
Service Supplier’		 means the body providing sewerage services via a drainage system to your property, as shown on your utility bill
  1.8. ‘We’ or ‘Us’

means Titan Environmental Surveys Limited (Company No. 3890108), whose registered office is at Endeavour House, Admiralty Road, Great Yarmouth, Norfolk NR30 3NG. Telephone 01656-881216
[VAT Registration No. 742 230 076
  1.9. ‘working days’ means Monday to Friday but not including public holidays
  1.10. ‘domestic household’ means a property used for residential purposes only with no commercial usage
  1.11. ‘sole agent’ means that we are the only agent contracted to submit a claim for a surface water drainage rebate on your property
2. The Services 
  2.1 We Will
    2.1.1 attend at your property within 120 days of the date of this Agreement to conduct a survey of your property to establish the current arrangements for disposal of surface water (i.e. soakaways, land drains, streams or rivers);
    2.1.2. collate the results of that survey and provide you with a report indicating whether it appears to us that any surface water from your property is being returned to the public sewer system either directly or indirectly. If no surface water from your property is being returned to the public sewer system you will be entitled to claim a surface water drainage rebate from your sewerage service provider;
    2.1.3. If it appears to us that none of the surface water from your property is being returned to the public sewer system, we will provide documentary evidence in the form of a report and expert witness evidence (if required) to support a claim for a surface water drainage rebate;
    2.1.4.  we will prepare and submit that claim to your sewerage service provider in the appropriate format on your behalf as your sole agent.
  2.2 You must ensure that access is available to the exterior of your property (including but not limited to the rear of the property or garden). If we are not able to gain access on the first attempt we will leave a calling card to let you know that we have attended, and attempt to carry out the survey on one further occasion within the following 10 days.

We reserve the right to refuse to submit a claim on your behalf if it is our opinion that you do not qualify for the Rebate or your property is found not to be a domestic household

3. Payment 
  3.1 In the event that any Claim is successful, you agree that the Fee becomes payable to Us as your sole agent. We will then deduct the Fee from the credit card or debit card (details of which you have provided to us in accordance with the Payment Option you have chosen overleaf]
  3.2 In the event that any Claim is not successful, no Fee will be charged to you and there will be no further obligation on you under this Agreement.
  3.3. If you are under 18, we cannot accept your order for the Services.
4. Right for you to cancel your contract
  4.1. Subject to clauses 4.2 and 4.3 below you may cancel your contract with us for the Services within 7 days of receipt of this Agreement. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
  4.2. To cancel your contract you must notify us in writing in accordance with clause 8 below.
  4.3. You cannot cancel your contract once the survey of your property has been carried out.
5. Cancellation by us
  5.1. We reserve the right to cancel the contract between us if:
    5.1.1. we have insufficient information to locate your property;
    5.1.2. where we are aware the properties in your vicinity do not qualify for a rebate.
    5.1.3. where the property location is inaccessible
    5.1.4. where the property is found to be other than a domestic household
    5.1.5. where before the survey is carried out you have commenced making a composition or arrangement with your creditors or having a proposal for the composition of creditors or scheme or arrangement approved in accordance with the Insolvency act 1986 as amended.
  5.2. If we do cancel your contract we will notify you by post. We will not be obliged to offer any additional compensation for disappointment suffered.
6. Complaints 
  6.1 If you have any complaints relating to the Services, please contact us at Notices at Soakaway, Penybont WwTW, Ogmore-by-Sea, Bridgend, Mid Glamorgan CF32 0QP, by e-mail at complaints@soakawayuk.com, or by telephone on 01656-881216.
7. Liability
  7.1. We aim to carry out the Services with reasonable care and skill. If any part of the Services is performed negligently or in breach of the provisions of this Agreement, then, on your request, we will re-perform the relevant part of the Services. We will not be liable to re-perform any part of the Services under this clause 7 unless you notify us in writing at the address given in clause 8. 
 
  7.2. Except in the case of death or personal injury caused by our negligence, our liability under or in connection with this Agreement howsoever arising whether in contract, tort, negligence, breach of statutory duty or otherwise shall not exceed the Fee. 
  7.3. Except to the extent permitted by law, we will not be liable to you for any indirect or consequential loss, damage or expense (including loss of profits, business or goodwill) howsoever arising out of any negligence or breach of the contract on our part and we shall have no liability to pay any money to you by way of compensation other than to refund to you the Fee that you have paid to us (if any).
8. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Notices at Soakaway, Penybont STW, Ogmore-by-Sea, Bridgend, Mid Glamorgan CF32 0QP, online via the notices form, or by telephone on 01656-881216. and all notices from us to you will be displayed on our website from to time or forwarded to you by post.
9. Events beyond our control

We shall have no liability to you for any failure to carry out the Services or any delay in doing so or for any damage or defect to property that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
10. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
11. Privacy – for online transactions only

You acknowledge and agree to be bound by the terms of our privacy policy.
12. Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
13. Governing law

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
14. Entire agreement

These terms and conditions, together with our current website prices, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any services offered by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.