1. Definitions.
        a) The Service Provider is David Bellis Consulting Surveyors Ltd, trading as CoalSearchPlus+.
        b) The Applicant is the Individual, Organisation, or appointed officer of said Organisation placing a Request with the Service Provider.
        c) The Third Party Provider is any Organisation from which the Service Provider obtains data and/or information on behalf of the Applicant in the normal course of fulfilling the Applicants Request.
        d) The request is a formal Request by the Applicant with CoalSearchPlus+ to retrieve specific data and/or information.
2. CoalSearchPlus+ accept Requests only on the basis that the Applicant is acting as a principal and is directly liable for payment of our invoice or account.
3. It is the policy of CoalSearchPlus+ to observe confidentiality with regard to the identity and affairs of our customers to the extent permitted by law, but, in common with other service providers, we may be required exceptionally to disclose information to governmental and other public authorities.
4. The placing of a Request by the Applicant with CoalSearchPlus+ confirms acceptance of these terms and conditions.
5. Any Order Form produced by CoalSearchPlus+, either printed or published on the CoalSearchPlus+ website, is an invitation to treat. The Applicant makes an offer to buy from CoalSearchPlus+ by the submission of a Request, subject to clause 10. Acceptable modes of transmission for a Request are facsimilie (fax), telephone, electronic mail(e-mail), online transmission via the CoalSearchPlus+ website only, Royal Mail or courier appointed by the Applicant.
6. Orders will be accepted on order forms other than CoalSearchPlus+ forms however these will be accepted under the standard CoalSearchPlus+ terms and conditions only, subject to Clause 10.
7. CoalSearchPlus+ reserves the right to refuse any Request.
8. CoalSearchPlus+ reserves the right to cancel any Request at any time.
9. Proof of transmission of a Request by the Applicant does not constitute proof of receipt by CoalSearchPlus+.
10. It is the responsibility of the Applicant to ensure the accuracy, legibility, clarity and completeness of all data and/or information provided to CoalSearchPlus+ as part of the Request, including but not limited to, names, numbers, addresses, location plans, and boundary plans. This applies whether the Request is submitted on CoalSearchPlus+ order forms either printed or published on the CoalSearchPlus+ website or on the Applicants own order form.
11. CoalSearchPlus+ may request additional relevant data and/or information from the Applicant in the course of fulfilling a Request, including, but not limited to, names, numbers, addresses, location plans, and boundary plans.
12. CoalSearchPlus+ may request clarification of data and/or information supplied by the Applicant.
13. If, subsequent to Clause 11. and/or Clause 12., requested data and/or information is not provided and/or clarified, CoalSearchPlus+ cannot be held responsible for any resultant loss or delay.
14. If, subsequent to Clause 11. and/or Clause 12., requested data and/or information is not provided and/or clarified within a reasonable period of time, CoalSearchPlus+ reserves the right to cancel the Request in whole or in part. The Applicant remains liable for all fees, Taxes and Disbursements accrued prior to the cancellation.
15. CoalSearchPlus+ reserves the right to subcontract data and/or information retrieval to selected Organisations and/or Individuals. CoalSearchPlus+ is not required to reveal the identity of its Subcontractors.
16. CoalSearchPlus+ will, in the process of fulfilling the request, retrieve data and/or information from publicly and/or commercially available sources and the CoalSearchPlus+ mining database. The sources of data used will primarily be data held by The Coal Authority under an agreement with the Health and Safety Executive, data owned by the British Geological Survey and the CoalSearchPlus+ database.
17. A CoalSearchPlus+ mining report is a report of the interpretation of the data sources in 16. made by CoalSearchPlus+ staff.
18. CoalSearchPlus+ coal mining search reports are based upon the plans and records available from data sources detailed in 16. at the time the report was produced. It should be understood that third party organisations reserve the right to vary their proposals and intentions as to their future mining operations without prior notice save as provided in the Coal Mining Subsidence Act 1994. CoalSearchPlus+ cannot be held responsible for changes to the future proposals and intentions of Third Parties.
19. The information and/or material supplied in a CoalSearchPlus+ coal mining report is composed from data based, in many cases, on measurements and records of various standards of reliability and age. In some instances (usually relating to older records) it is necessary for CoalSearchPlus+ to make assumptions regarding the ‘best plot’ position of mining features. For these reasons users of CoalSearchPlus+ reports should take the position of mining features detailed in reports to be indicative only.
20. The data and/or information that a coal mining search report is based on is constantly being updated. A CoalSearchPlus+ coal mining search report is based on the most up to date information available at the time that the report is produced however it cannot be guaranteed that the information and/or data will not become obsolete at some time in the future. Responsibility for the supply of accurate and up to date information to CoalSearchPlus+ lies with the data supplying organisations listed in 16.
21. A CoalSearchPlus+ coal mining search report relates only to coal mining and minerals worked in relation to coal mining. Other reports may be required in relation to other minerals.
22. A CoalSearchPlus+ coal mining search report is not a substitute for site investigation or a mining survey. Depending on the content of a coal mining search report, or whether development is intended, the Applicant must decide whether a site investigation or mining survey is required.
23. CoalSearchPlus+ coal mining reports comply with the Search Code.
24. All CoalSearchPlus+ reports are covered by professional indemnity insurance. The content of CoalSearchPlus+ coal mining search reports does not prevent any future claim being made by the Applicant against the Coal Authority in respect of coal mining related subsidence.
25. Any liability in the instance of negligence by CoalSearchPlus+ or its employees in the interpretation of coal mining data and/or the production and provision of coal mining reports will be limited to the extent of the CoalSearchPlus+ Professional Indemnity Insurance or the value of the loss caused by the negligence, whichever is the lower.
26. All CoalSearchPlus+ coal mining search reports give the information detailed in the services section of the CoalSearchPlus+ website and summarised in the report. Further explanation of this information is available in the Glossary and/or the Frequently Asked Questions areas of the CoalSearchPlus+ website. Alternatively contact CoalSearchPlus+ who will be happy to explain the content of a report.
27. The Request is fulfilled when all reports, data and/or information requested by the Applicant have been retrieved and/or compiled by CoalSearchPlus+ and delivered by electronic mail (e-mail) or fax or post or a combination of these methods as required by the Applicant. Alternative delivery arrangements are at the discretion of CoalSearchPlus+.
28. If Requests for multiple reports, data and/or information relating to multiple addresses were made on a single order form these will be fulfilled individually by the delivery of the reports, data and/or information relating to each individual address being treated as an individual Request.
29. CoalSearchPlus+ is not responsible for any loss or misdelivery of retrieved data and/or information caused by failure of Royal Mail or internet service provider. Most retrieved data and/or information is archived by CoalSearchPlus+ and a copy may be requested by the Applicant. If the data and/or information could not be archived CoalSearchPlus+ reserves the right to treat the request as a new Request.
30. Delivery, by whatever agreed means, will be accompanied by an invoice. Delivery by electronic mail may be followed up with a paper invoice by post. Where Applicants have agreed account facilities with CoalSearchPlus+ invoicing may be on a monthly basis. In all cases the Applicant agrees to provide CoalSearchPlus+ with remuneration for the full amount shown on the invoice, including all Fees, Taxes and Disbursements.
31. The Applicant will be liable for payment of the full invoice amount within 14 days from the date of receipt of the invoice. CoalSearchPlus+ reserve the right to charge for costs and expenses incurred in recovering late payments and to charge interest at the rate of 8% above the Bank of England base rate per annum for the full period that the payments are overdue.
32. Where full payment of the invoice is not made by the Applicant within 14 days from receipt of the invoice CoalsSearchPlus+ reserve the right to withdraw account facilities from the Applicant and cancel any individual agreements concerning fees or other Terms and Conditions that may have been made between the Applicant and CoalSearchPlus+.
33. Where possible the Applicant will receive Advance Notice of the cost of the Request, including all Fees, Taxes and Disbursements, prior to receipt of the invoice. This advance notice will take the form of the price for the service requested as published on the CoalSearchPlus+ website, or the price as individually agreed between CoalSearchPlus+ and the Applicant.
34. Additional Fees, Taxes and Disbursements may arise during the course of data and/or information retrieval, over and above Advance Notice costs as in clause 33. The Applicant is liable for any such additional costs. Where possible, the Applicant is notified of additional costs prior to fulfilment of the Request.
35. If the Applicant shall pay in advance of receipt of the invoice, then the Applicant remains liable for any underpayment.
36. Any overpayment on the part of the Applicant will be refunded. Arrangements for refunds are agreed on a case-by-case basis, through discussion between CoalSearchPlus+ and the Applicant.
37. The Applicant may cancel the Request in whole or in part at any time prior to Clause 27.
38. If the Applicant cancels the Request in whole or in part prior to Clause 27, the Applicant remains liable for all Fees, Taxes and Disbursements already accrued prior to the Cancellation.
39. CoalSearchPlus+ accept no liability for any loss incurred by the Applicant or the Applicants client where the Applicant is acting as an agent for a client, due to late fulfilment and delivery of the Request.
40. CoalSearchPlus+ accept no liability for any loss to the Applicant, or the Applicant’s client where the Applicant is acting as an agent for a client, due to any negative outcome of a report provided in the process of the correct and accurate fulfilment of the Request.
41. Any disputes relating to the provision of coal mining search reports should be addressed to the Practice Principal, CoalSearchPlus+ in the first instance. Disputes will be settled according to the CoalSearchPlus+ complaints procedure detailed in each report.(Complaints procedure)
42. Independent Dispute Resolution - If you make a complaint and we are unable to resolve it to your satisfaction you may refer the complaint to The Property Ombudsman scheme (website: www.tpos.co.uk email: admin@tpos.co.uk Tel: 01722 333306). We will cooperate fully with the Ombudsman during an investigation and comply with his final decision.
43. Third Party and subcontractor Terms and Conditions shall apply in addition to these clauses. Should any conflict arise between CoalSearchPlus+ Terms and Conditions and Third Party or Subcontractor Terms and Conditions, then CoalSearchPlus+ Terms and Conditions prevail unless and until CoalSearchPlus+ expressly states otherwise in writing and/or courts of England and Wales establish otherwise.
44. No variation to these Terms and Conditions is effective unless and until CoalSearchPlus+ expressly agrees in writing.
45. CoalsearchPlus+ reserves the right to alter these terms and conditions as appropriate, without notice, at any time. Such amended Terms and Conditions will become effective upon publication on the CoalSearchPlus+ website.
46. These Terms and conditions are subject to English Law and the exclusive jurisdiction of the courts of England and Wales.