Terms of Service, Liability Release & Surveyor Engagement Framework
PLEASE READ THESE TERMS CAREFULLY BEFORE INSTRUCTING OUR SERVICES, ENGAGING OUR SURVEYORS, OR NAVIGATING THIS PLATFORM[cite: 1]. By accessing, browsing, or instructing TENET SPECTRUM LTD (trading as "EPC Empire", "the Company", "We", "Us", or "Our") to carry out property assessments, Energy Performance Certificates (EPCs), PAS 2035 Retrofit Evaluations, floor planning, visual marketing, or related surveying activities, you ("the Client", "Instruction Party", "Property Owner", or "Agent") explicitly agree to be bound by the statutory, regulatory, and contractual conditions set forth below[cite: 1].
1. Legal Identity, Accreditation Framework & Independent Status
EPC Empire is a registered trading style of TENET SPECTRUM LTD, incorporated in England and Wales under Company Registration Number 17268168, with its registered address situated at 167-169 Great Portland Street, London, England, W1W 5PF[cite: 1].
- Statutory Accreditation: Energy Performance Certificates (EPCs) and statutory energy audits are performed under official accreditation via ECMK Accreditation Scheme (Assessor Scheme ID: ECMK307928) and TrustMark quality frameworks[cite: 1].
- Non-Intrusive Statutory Assessment: The Client explicitly acknowledges that an EPC, Retrofit Assessment, or floor plan survey is a non-intrusive visual inspection conducted strictly according to standardized government methodologies (RdSAP/SAP/SBEM)[cite: 1]. The assessment does NOT constitute a structural survey, building survey, valuation, or guarantee of mechanical fitness[cite: 1].
2. Property Access, Safety Warranties & Aborted Visit Penalties
The Client warrants that they possess legal authority or full authorization from the property owner to grant access to the target inspection premises[cite: 1]. Safe, unobstructed, and continuous access must be provided for the entire scheduled duration[cite: 1].
- Mandatory Access Points: The Client must ensure unrestricted access to all sub-areas required for statutory auditing, including but not limited to: heating boilers, hot water cylinders, gas/electricity meters, consumer units, accessible loft hatches, extensions, conservatories, and external wall elevations[cite: 1].
- Health & Safety / Hazard Disclaimers: Assessors reserve the absolute right to terminate or abort an inspection immediately without liability if they encounter unsafe working environments, uncontained aggressive animals, aggressive occupant behavior, structural collapse hazards, exposed high-voltage wiring, or hazardous asbestos risk[cite: 1].
- 24-Hour Notice Rescheduling: Cancellation or time modification requests must be formally delivered in writing to epc@epc-empire.uk or verified telephonic communication at least 24 clear business hours prior to the appointment time.
- Contractual Aborted Site Visit Fee (£35.00): If access is denied, keys fail to operate, the property is vacant/unlocked without permission, delays exceed 15 minutes, or access is deemed unsafe, the Client agrees to pay a mandatory liquidated Aborted Site Visit Fee of £35.00 to cover travel overheads and surveyor allocation costs[cite: 1].
3. Statutory Methodology, Default Assumptions & Documentary Evidence
Under statutory RdSAP (Reduced Data Standard Assessment Procedure) rules established by the Department for Energy Security and Net Zero (DESNZ), assessors must apply strict standard default software assumptions where visual inspection is not physically possible or where documentary evidence is lacking[cite: 1].
- Insulation & Building Fabric Evidence: Loft insulation, cavity wall insulation, underfloor insulation, or solar PV installations that are sealed, hidden, unplastered, or physically unreachable will be recorded as "As Built / Default" UNLESS the Client provides official, verifiable documentary proof (such as Building Control Completion Certificates, accredited installer invoices, or photos taken during construction) BEFORE central register lodgement[cite: 1].
- Irrevocability of Lodged Records: Once an EPC metric has been generated, signed, and lodged onto the central government register (gov.uk), it cannot be modified or re-lodged without a secondary full paid re-inspection, unless an objective clerical error is proven[cite: 1].
4. Consumer Contracts Regulations & Zero Refund Terms
Under Regulation 36 and 37 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, consumers purchasing digital goods or urgent site inspection services may request immediate performance of service[cite: 1].
- Express Performance Waiver: By confirming your order with EPC Empire, you explicitly request immediate booking processing and execution of assessment services prior to the expiry of any 14-day statutory cancellation window[cite: 1].
- Waiver of Cancellation Rights: You acknowledge and agree that once the physical property assessment has taken place or the resulting digital data/certificate has been lodged on the central register, your statutory right to cancel or demand a refund is fully extinguished[cite: 1]. All sales are non-refundable once site attendance or digital processing has commenced[cite: 1].
5. Floor Plans, Media & Marketing Services Disclaimer
Where EPC Empire provides supplementary marketing materials—including 2D/3D illustrative floor plans, architectural space diagrams, wide-angle photography, video walkthroughs, or inventory condition logs[cite: 1]:
- Illustrative floor plans only: Floor plans are produced strictly for structural illustrative marketing purposes[cite: 1]. All room dimensions, square footage metrics, window locations, and door swings are approximations[cite: 1]. Floor plans do NOT constitute architectural blueprints, structural engineering drawings, or land registry boundary maps[cite: 1].
- Intellectual Property & Licensing: All digital media produced remains the exclusive intellectual property of TENET SPECTRUM LTD[cite: 1]. Upon full payment of fees, the Client is granted a non-exclusive, non-transferable license to use said media solely for property sales or letting listings[cite: 1].
6. Independent Contractors, Retrofit Coordination & Subcontracting
The Company reserves the right to engage certified third-party subcontracted Domestic Energy Assessors (DEAs), Non-Domestic Energy Assessors (NDEAs), or Retrofit Coordinators to perform site visits and data collections[cite: 1].
- All contracted sub-assessors are vetted and required to maintain active accreditation scheme memberships, Professional Indemnity Insurance (PII), and Public Liability Insurance (PLI)[cite: 1].
- Third-Party Upgrade Trade Disclaimer: Where EPC Empire provides introduction links or suggestions for insulation installer trades, heat pump installers, boiler engineers, or retrofit contractors, those third-party operators act completely independently[cite: 1]. TENET SPECTRUM LTD accepts absolute ZERO liability for contract terms, delays, quality of workmanship, or failed government grant applications (e.g., BUS or ECO4 schemes) resulting from external trade contractors[cite: 1].
7. Absolute Limitation of Legal Liability (Statutory UCTA 1977 Clause)
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN ENGLAND AND WALES, NEITHER TENET SPECTRUM LTD, NOR ITS DIRECTORS, OFFICERS, ASSESSORS, EMPLOYEES, OR AGENTS SHALL BE LIABLE TO THE CLIENT OR ANY THIRD PARTY (INCLUDING BUYERS, TENANTS, MORTGAGE LENDERS, OR ESTATE AGENTS) FOR[cite: 1]:
- ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF TENANCY RENTALS, LOSS OF REAL ESTATE SALE COMPLETIONS, OR BUSINESS INTERRUPTION[cite: 1];
- ANY MEES LANDLORD FINES, LOCAL AUTHORITY PENALTY NOTICES, OR REGULATORY ENFORCEMENT COSTS ARISING FROM A PROPERTY'S EPC RATING[cite: 1];
- ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES WHULST ON PREMISES OR RESULTING FROM DELAYS IN LODGEMENT[cite: 1].
FINANCIAL CAP ON LIABILITY: Subject to statutory exceptions for personal injury or death caused by proven negligence under the Unfair Contract Terms Act 1977, the total aggregate liability of TENET SPECTRUM LTD for any and all claims, breaches of contract, tort (including negligence), statutory duty, or misrepresentation shall be strictly limited to a sum equal to THE EXACT TOTAL MONETARY AMOUNT PAID BY THE CLIENT TO EPC EMPIRE FOR THE SPECIFIC INDIVIDUAL SERVICE GIVING RISE TO THE CLAIM[cite: 1].
8. Governing Law, Indemnification & Severability
The Client agrees to defend, indemnify, and hold harmless TENET SPECTRUM LTD, its officers, and field assessors against any third-party claims, liabilities, damages, or legal expenses (including full solicitor fees) arising from inaccurate information provided by the Client, concealed property defects, or unauthorized property access[cite: 1].
- Governing Law: These Terms shall be governed, construed, and enforced exclusively in accordance with the laws of England and Wales[cite: 1]. The parties submit to the exclusive jurisdiction of the Courts of London, England[cite: 1].
- Severability: If any provision of these terms is deemed unlawful, void, or unenforceable by a court of competent jurisdiction, that specific provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions[cite: 1].
Privacy & Comprehensive Data Protection Policy (UK GDPR)
TENET SPECTRUM LTD ("EPC Empire", "we", "our") takes data privacy and personal protection with extreme seriousness[cite: 1]. This privacy notice describes how we collect, store, process, and safeguard your personal details[cite: 1].
1. Legal Basis & Categorization of Collected Data
We process personal and technical property data strictly under Article 6 of the UK GDPR (Contractual Performance, Legal Obligation, and Legitimate Interest)[cite: 1]:
- Identity & Contact Information: Full legal name, property inspection address, billing address, contact telephone number, WhatsApp contact info, and email address[cite: 1].
- Financial Payment Data: Payment details are processed via end-to-end encrypted PCI-DSS compliant third-party payment gateways (Stripe Payments Europe Ltd)[cite: 1]. EPC Empire does not retain full credit card numbers on its systems[cite: 1].
- Property Audit Technical Evidence: Photographic evidence of property dimensions, elevation visuals, heating system metadata, meter readings, and loft structures required for statutory accreditation scheme auditing[cite: 1].
2. Statutory Data Disclosure & Approved Processors
We will never sell, lease, or rent client database records to third-party marketing companies[cite: 1]. Data is transferred strictly to authorized bodies[cite: 1]:
- Central Government Registers: Department for Levelling Up, Housing and Communities (DLUHC) / central energy registry (gov.uk)[cite: 1].
- Accreditation Schemes: ECMK Ltd and TrustMark scheme managers for mandatory regulatory quality audits[cite: 1].
- Assigned Field Surveyors: Contracted Domestic Energy Assessors (DEAs) dispatched to perform site access[cite: 1].
3. Data Retention & Security Controls
Photographic site evidence and calculation archives are retained for a minimum statutory period of 10 to 15 years as mandated by Accreditation Scheme Operating Rules and statutory UK energy assessment regulations, after which data is securely anonymized or deleted[cite: 1].
4. Your Statutory GDPR Data Rights
Under UK GDPR, subjects possess legal rights including the Right to Access (Subject Access Request), Right to Rectification, and Right to Restriction of Processing[cite: 1].
To submit a data request, contact our Data Protection Officer at epc@epc-empire.uk. You also maintain the statutory right to lodge an official complaint directly with the UK Information Commissioner's Office (ICO) at ico.org.uk[cite: 1].