Terms & Conditions
1.1 “Agreement” means the Authority to Act and these Terms of Business.
1.2 “Apparatus” includes all plant belonging to or under the control or direction of the Electricity Company including without limitation power lines, pylons, poles and transmission and/or meter equipment.
1.3 “Authority to Act” means the authority in writing from the Client or his agent instructing TW to pursue the Client’s claim for compensation.
1.4 “Client/You” means the person issuing the Authority to Act or on whose behalf it is issued.
1.5 “Electricity Company” means the owner of or the person with the right to use/control the use of the Apparatus.
1.6 “the TW Fee” means the sum payable to TW under the Agreement.
1.7 “TW” means Taylor Walton Limited, registered in England and Wales under company number 07608742.
1.8 “Property” means the property or properties where the Apparatus is located together with any other property of the Client (whether referred to in the Authority to Act or not) which forms the subject matter of any claim for Compensation at the request of the Client.
1.9 “Services” means those services provided by TW in assisting the Client in the formulation of a claim for the Payment and dealing with negotiations with the Electricity Company with a view to obtaining the payment of the Payment, but excluding all or any costs incurred by TW in connection with the pursuit of any claim or prospective claim to the Upper Tribunal (Lands Chamber) or such other Tribunal or Court that has jurisdiction in the event the Payment cannot be agreed between the Electricity Company and the Client.
1.10 Payment means that sum paid or payable by the Electricity Company granting the Electricity Company permission to retain, use, renew, repair, inspect or remove Apparatus over or near the Property following the conclusion or any agreement between the Client and the Electricity Company (whether verbal or written or whether finally concluded by TW or any other party, including the Client).
1.11 “Surveyor’s Fee” shall mean that sum that is paid or would be payable by the Electricity Company either as a matter of law or convention in addition to the Payment on settlement of any claim. (This is often referred to a scale fee called Ryde’s Scale).
1.12 “Data Protection Legislation” means the Data Protection Act 2018 and the General Data Protection Regulation 2016 which apply to personal and special category data.
2. Our Obligations to You
2.1 We agree to undertake the Services with reasonable care and skill and on the terms of this Agreement which shall apply to the exclusion of any other terms and conditions (save for any terms which by law cannot be lawfully excluded or varied) unless we agree this in writing with you.
2.2 Subject to your satisfying your obligations below, we will use our reasonable endeavours to secure a Payment within a reasonable period, but TW gives no promise as to timescales for completion of such process which will depend on the facts and circumstances of each case.
2.3 Any information provided to us throughout our business relationship will be held securely and only transferred to approved Third Parties related to your case with your permission.
3. Your Obligation to Us
3.1 You agree to pay the TW Fee as soon as you have received the Payment or any instalment thereof, (but you do not have to pay us more than the amount of any instalment you actually receive). TW shall be entitled to retain the Surveyor’s Fee in addition to the TW Fee and in the event payment of the Surveyor’s Fee is made direct by the Electricity Company to you, you agree to account to TW for such fee.
3.2 You agree that no variation to the Agreement shall be binding unless agreed in writing with you by an
authorised representative of TW.
3.3 You agree that all information you have relevant to the claim for a Payment will be provided to TW within a reasonable period from our request and that the information you give us is true and correct to the best of your knowledge and tell us as soon as possible if any such information is no longer correct.
3.4 You promise that you/the person(s) named in the Authority to Act are the beneficial owner(s) of the Property and in the event that the Property is owned with someone else you have their permission to enter into this Agreement on their behalf.
3.5 You will tell us if you decide to sell your Property.
3.6 If an agent signs this Agreement on your behalf he confirms that he is duly authorised to bind you to the terms of the Agreement and to indemnify TW against all losses, costs, damages and liabilities arising in the event he or she has no such actual authority.
4.2 You may terminate this Agreement by 30 days’ written notice to us in circumstances where we have substantially failed to comply with our obligations to you under this Agreement provided you also give us written notice to rectify any such fault within 28 days and we have failed to do so.
4.3 Unless you terminate this Agreement under Clause 4.2, it only ends when all monies due to us have been paid.
4.4 In the event that you terminate this Agreement in circumstances where you are not entitled to we can claim damages against you for breach of contract. These will include a claim for the Fee and the Surveyor’s Fee.
5. Limitations of our legal liability to you
5.1 Our liability to you for any breach of this Agreement or negligence shall be limited to the amount of the Payment and we are not responsible for losses caused by your fault or events which we could not have foreseen or prevented even if we had taken all reasonable care. TW do not however seek to exclude or limit our liability for:
5.1.1 Death or personal injury caused by TW’s negligence.
5.1.2 Fraudulent representation.
5.1.3 Any breach of the terms implied by law by a reason of you being a consumer.
5.2 In the event of there being events outside TW’s control (such as riots, terrorist attacks, natural disasters or failure of public or private telecommunications networks) then we will notify you as soon as reasonably possible and our obligations under this Agreement shall be suspended until we are able to continue performing them.
We reserve the right to transfer our rights under the provisions of this Agreement without your agreement but will give as much notice as practicable if we do so. You agree not to transfer your rights under this Agreement without TW’s prior written consent, but we will agree to this where this is reasonable, for example if you are selling your property and wish to transfer the benefit of any claim for a Payment.
7. Governing Law
The Agreement is subject to English law (save insofar as it may be overridden by any laws applicable under the relevant conflict of laws rules which apply in the country in which the Apparatus is situated) and you and TW both agree to submit to the non-exclusive jurisdiction of the English Courts to resolve all or any disputes arising between us. You and TW both agree however to seek to use all reasonable efforts to resolve any dispute by agreement if possible before instituting any legal proceedings.
8. Data Protection
TW is the data controller (for the purposes of the Data Protection Act 2018) of personal data that you provide to us. This means that we have a duty to comply with the provisions of the Data Protection Act when processing your personal data. TW has appointed Simon Walton as its Data Protection Manager and he is responsible for overseeing TW’s compliance with Data Protection Legislation.
Please note that our work for you may require us to give information to third parties such as solicitors, Electricity companies and their agents/advisers.
If you are an individual, you have rights under the Data Protection Act. These rights are:
• The right to be informed – To request a ‘subject access request’ (SAR) please email the supervisor of your matter of your matter or emailing our DPM Simon Walton on firstname.lastname@example.org with the details of your matter and the data that you want to have access. We will ensure that the subject access request has been completed within 30 days.
• The right of access – To request a ‘subject access request’ (SAR) please email the supervisor of your matter of your matter or emailing our DPM with the details of your matter and the data that you want to have access. We will ensure that the subject access request has been completed within 30 days.
• The right to rectification – Please contact the supervisor of your matter to rectify any information that we hold. In some cases, we may ask to see proof of this change of data.
• The right to erase – To request to erase any data that we hold on you please contact your supervisor or the DPM. Please also bear in mind if we are in the middle of a matter this may affect our capability to act for you. If this is the case, we will discuss this with you.
• The right to restrict processing – To request a restriction of processing please notify your supervisor or our DPM who will contact you to discuss the requirements of your requested restriction. Please bear in mind that some restrictions may prevent us from acting on your behalf. If this is the case, we will discuss this with you.
• The right to data portability – To request this please contact your supervisor or the DPO who will discuss the format you would like your data in when you make a SAR.
• The right to object – If you wish to the objection of any processing (irrelevant if consent has been provided previously). Please contact the supervisor of your matter or the DPM who will discuss your needs with you and action your request. Bear in mind, depending on the extent of the request this may prevent us from acting on your matter.
• Rights in relation to automated decision making and profiling – TW does not conduct any automated decision making or profiling.
We aim at all times to provide you with an efficient and professional service throughout our engagement. If at any time however you feel that our services have fallen below the standards you are entitled to expect please contact our Managing Director, Mr Simon Walton who can be contacted at 7 Portal Business Park, Eaton Lane, Tarporley, Cheshire, CW6 9DL. He will then investigate your complaint thoroughly and provide you with a written response to your complaint within 21 days from receipt of your complaint.