Effective date:        05.10.2023

1. WHO DO THESE TERMS APPLY TO?

When you visit our websites, when you interact with our content, when you request a quote, or when you place an order for our services, these Terms apply.

2. DEFINITIONS

“The Company”/”Us” refers to the Optheia Ltd which acts as an intermediary agent between the Fieldworker and the Customer

“Website” refers to the optheia.co.uk website where Customers can place an order.

“Fieldworker” / “Service Provider” refers to the service provider who provides various services to Customers as described on the website, such as an Energy performance certificate and Retrofit Assessment.

“Customer” / “You” refers to both commercial entities and individuals to whom the Fieldworker provides his/her services

“Terms” / “Agreement” refers to these Terms of Service

“Services” refers to all services that could be provided by the relevant Fieldworker, including, but not limited to Retrofit Survey, Retrofit Assessment and Domestic EPC. A list of all services that can be ordered by our Customers can be found on our websites.

3. WHO WE ARE

• When you place an order on https://optheia.co.uk we act as an intermediary between you and the Fieldworker.

Company Name: Optheia Ltd

Company Number: 14204469

Company registered business address:  38 Keele Roads, Newcastle, Staffs. ST5 2JY.

Company email address: [email protected]

4. RELATIONSHIP BETWEEN YOU(CUSTOMER), US(THE COMPANY), FIELDWORKER(SERVICE PROVIDER)

• When you place an order on www.optheia.co.uk we act as an intermediary between you and the Fieldworker.

When you place an order on this website, you enter into a contractual agreement with the assigned Fieldworker and not with us. We do not assume any responsibility for any breach of the agreement you enter into with the Fieldworker.

5. OUR SERVICES

• When you place an order on www.optheia.co.uk 

Optheia Ltd provides Fieldworkers with its intermediary services whereby a Fieldworker can be connected with a specific Customer, whether it is a business or an individual, to perform his/her services such as carrying out necessary assessments, providing certificates, and drafting recommendations.

For a more detailed description of each service, refer to our website and click on the relevant service.

6. HOW TO PLACE AN ORDER FOR OUR SERVICES

When you visit our websites and click on the service you are interested in, you will be redirected to the order page where you can fill out your details so that our system can present you with a quote for the service you are requesting.

7. PRICING

The Company determines the price for each service you request by taking into account various factors such as the type of service you request, and nature and characteristics of the premises.

8. PAYMENT TERMS

The payment amount shall become due immediately upon placing an order.

Once a Customer fills out the order form, he/she shall make the full payment presented on the checkout page before the requested service can be rendered.

All payments are in £(British Pound).

All prices include VAT, where applicable.

The fee for residential EPCs is fixed for buildings that are less than 150m2, regardless of the number of bedrooms. For larger buildings, a quote must be obtained prior to booking. Should we attend a property that is larger than 150m2, an additional fee may be requested before we can lodge the report.

Payment confirmation will be sent to the email address you provided. A receipt will be available for you to print when you log on to the customer area on our optheia website.

9. SELECTION OF THE FIELDWORKER TO PROVIDE THE SERVICE YOU REQUESTED

When a Customer places an order on the Website, the Company will then connect the Customer with a Fieldworker.

When assigning a specific order to a Fieldworker, the Company takes into account objective factors such as location, price, quality, and availability.

By entering into this Agreement, you hereby acknowledge and agree that the Company has sole discretion in the assignment of Customer orders to Fieldworkers.

10. DISCLAIMER OF LIABILITY 

Under these Terms, all warranties, conditions, and other terms implied by statute or common law are excluded to the maximum extent allowed under the applicable laws.

The Customer hereby agrees that the Company shall not be held liable for any loss of profit, loss of goods, loss of data, or loss of goodwill arising out of or in relation to the acts or omissions of the Customer or the Fieldworker or for any indirect, and/or consequential losses, damages and expenses that may be incurred by the Customer.

The Company hereby disclaims all express or implied warranties, including warranties of satisfactory quality and fitness for a particular purpose.

Our entire aggregate liability to you for direct or indirect loss arising from our being in breach of these Conditions or negligent in the course of performing the Services will not exceed the cost of the Service.

We cannot accept any liability for any error in a property certificate that is based on any error or inaccuracy in a public register. Nor will we be liable for any information contained within a property certificate, which is based on information that we have obtained from a third party (not being information derived from the public register).

11. INDEMNIFICATION

The Customer shall indemnify and hold harmless the Company, our partners, our directors, our employees, and other personnel(“Indemnified”) from and against any and all demands, claims, causes of action, losses, damages, liabilities, costs, and expenses asserted by any third party against the indemnified persons resulting from any breach of the Customer of his/her obligations, representations, statements or warranties(“Indemnifying party”) or negligence by the Customer.

12. DISCLAIMER OF WARRANTIES FOR RESULTS

The Customer hereby acknowledges and agrees that the Company does not guarantee or promise any particular result, or achievement for the Customer’s use of the Company services.

The Customer frees the Company of any liability for its failure to obtain any particular result or achievement by using the Company’s services.

13. CANCELLATION 

In the event that you cancel your order after your order is confirmed, you may only be entitled to a partial refund, the amount of which will be determined by the Company.

In the event that we cancel your order, we will notify you of such cancellation as soon as practicable and give you a full refund.

14. YOUR OBLIGATIONS

You warrant that when you arrange an appointment with the Fieldworker, an adult will be present to allow the Fieldworker to get access to the property at the agreed appointment time.  In the event that the Fieldworker is unable to gain access to the property within 20 minutes of the agreed appointment time, a call out fee will be charged relative to the service taking into account objective factors such as location and cost of service.

You warrant that you will comply with all applicable laws, regulations, and policies.

You acknowledge and agree that the provision of services starts at the time you place an order and make the payment.

You warrant that You shall not make any false or misleading representations regarding the Company.

You warrant that You will not infringe the rights of third parties or public order.

You agree to provide the Company with all necessary information, data, and documents to enable the Company to provide its services.

You hereby warrant that all information and data You provide to the Company and to the Fieldworker is true, accurate, and not misleading.

You agree that the timeframe given for the provision of a service is not guaranteed.

You agree that if you note an error within the certificate either with the rating, recommendation, or address you will highlight this within 1 month of instruction of the service. After this date, we are unable to make amendments.

When conducting some of our inspections, the power to the property will need to be turned off (predominantly for electrical work). In some rare circumstances, some faulty appliances may not work when power is restored. Therefore it is down to the customer to ensure all devices are appropriately shut down or switched off prior to our arrival. We will not accept any liability for appliances/ items that suffer a fault when the power is turned off.

15. PROHIBITED ACTIVITIES

You warrant that you will not involve in any of the following activities when accessing the Company website and using the company services:

• Submitting false, misleading, or inaccurate information
• Using our website, content, or services for any unlawful purpose or to solicit others to involve in any type of unlawful acts
• Infringing upon the Company’s intellectual property rights or those of third parties
• Harassing, intimidating, abusing anyone
• Any type of fraudulent activity
• Interfering with or circumventing the security measures we put in place 

16. INTELLECTUAL PROPERTY RIGHTS

Our Website, Content, and services are and remain our property and those of our licensors.

You hereby warrant that you will not:

Reverse engineer or attempt to extract the source code of our Website except as permitted under the applicable law,

License, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of our Website and its Content,

Create, register, or operate any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media profiles that include our Company’s name, its Marks, or its Works or any confusingly similar name, mark or work.