Utility Search Reports

Utility Search Reports Terms and Conditions

Understanding this report

Thank you for purchasing this Report from Emapsite.

Purpose of Utilities Report

The report satisfies the requirements for PAS128:2022 (30April2022) Type D Desktop Utility Records Search.  The Report is a compilation of Utility Company recorded plans/information for the requested site area.  The records received have been collated and converted to PDF files for inclusion in the report.  The Report is intended for project planning and feasibility only.

Limitations and Accuracy of the data 

The accuracy of records held by Utility companies varies considerably and the Search findings are ‘indicative’ (Quality Level D).  It is not suitable to be used for construction or excavation purposes.  Each Utility Company has its own disclaimer statement in respect of the information they provide, and Utility companies do not guarantee or provide a warranty for the data.  Information/plans provided are for guidance only and are not guaranteed to be up to date or to be a complete record of the Utility Company plant at the requested site area.  Some Utility Companies only show main utilities, so it is possible that service pipes or cables may be present at the site but not presented on the plans.  Some Utility Companies state that the utilities may deviate from the route and position shown on the plans and the exact position of the utilities should be verified using suitable detecting devices and safe digging practices in accordance with HS(G)47.  The representation of utilities on the plans does not imply that they are suitable in size, capacity, type or location for the project purpose.  The Utility Companies should be contacted directly for clarification and/or advice.

Completeness

Whilst every effort is made to locate all Utility Companies for the requested site area, due to the sensitive or restrictive nature of some sites, the existence of redundant utilities, the emergence of new companies and the combining of, takeover or sale of existing Companies, we cannot guarantee that details concerning all utilities for the requested site area have been provided.

Date

Utility Companies plans are amended regularly, and this Report is valid at the time of production only.

Liability

Emapsite cannot offer any guarantees nor accept any liability for this Report or its contents. No representation is made by Emapsite as to the accuracy, completeness, sufficiency or otherwise of this report.

Copyright

The copyright of the Utilities Report remains with Emapsite. The Report and may not be copied nor communicated using any method either in whole or in part without the prior written consent of Emapsite.

Assignment

The Utility Report may not be assigned to any other party without the prior written consent.

Other Reports Available: 

Utility Essentials

The Utility Essentials report gives visibility of the 5 key services – Gas, Electric, Water, Sewage and BT Openreach, supplied for areas of up to 25 hectares. The Essentials report is ideal for remote sites where only the main utilities providers are likely to be present or projects where the aim is merely to check the availability of the main utilities e.g. in the planning stages of a new development. All available information is collated and delivered as a single report in 5 working days with any outstanding information being delivered as soon as it is available.

Utility Premium

The Utility Premium report provides comprehensive information about all services affecting your site, including:

Gas and Oil Pipelines; Electricity cabling; mains Water and Sewerage; Telecoms and fibre-optic cables; and transportation networks, supplied for areas of up to 25 hectares. This report is ideal when comprehensive information is required for your site, ensuring you are managing your risk and avoiding expensive delays. All available information is collated and delivered as a single report within 10 working days, with any outstanding information being delivered as soon as it is available.

Utility Fast-track

The Utility Fast-track report delivers all the information of a Premium report (Gas and Oil Pipelines; Electricity cabling; mains Water and Sewerage; Telecoms and fibre-optic cables; and transportation networks) but with all available supplier responses being collated in a report and delivered to you within 5 working days, with any outstanding information being delivered as soon as it is available.

Terms and Conditions

The Terms and Conditions should be read in conjunction with the ‘Report Content & Information’ sheet. The content of the ‘Report Content & Information’ sheet forms part of the Terms and Conditions.

  1. Disbursements

1.1. Several Utility Companies charge for either searching to determine if they have any plant or for providing plans. These charges are included in the cost of Utility Essentials, Utility Premium and Utility Fast-track Reports, and are not charged as extra. Utility Singles Reports do not include disbursement charges and these will be charged as extra to the client at cost. The client will be made aware of any applicable charges prior to finalisation of purchase.

1.2. The Utility Companies that make a charge or the charges themselves may be changed or updated without notification to the client.

  1. Turnaround times

2.1. Whilst every effort is made to produce the reports as quickly as possible we are reliant on the Utility Companies to provide us with the plans and/or data. Depending on the product purchased, generally reports are completed within approximately 5 to 15 working days.

2.2. No guarantees can be made regarding the time taken to complete the report.

  1. Limitation of Liability

3.1 Technics Group Ltd (trading name of Technics Group Limited) and/or Emapsite Ltd will make all reasonable endeavors to provide the Utility Report within the stated time period and shall not be liable for any delay arising because of any act, omission or delay of any Utility Company.

3.2 The Utility Companies have no liability to Technics Group Ltd and/or Emapsite Ltd in relation to the provision of information, plans and/or data or the omission of or to provide such information, plans or data. Therefore Technics Group Ltd and/or Emapsite Ltd shall have no liability to a Client for the information, plans and data contained in a Utilities Report.

3.3 Technics Group Ltd and/or emapsite Ltd shall have no liability in relation to any Utilities Report for loss or damage arising in relation to loss of profits, loss of business, loss of use, costs, damages, charges or expenses.

  1. Cancellation Policy

4.1. We are unable to cancel the order once finalised.

  1. Force Majeure

Technics Group Ltd and/or Emapsite Ltd will have no liability to the Client if it is prevented from or delayed in performing its obligations in connection with producing the Utilities Report by any act, event, omission, accident or incident beyond its reasonable control. These include but are not limited to:- any form of industrial dispute, strike or lock-out, breakdown or failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, accident, incident, breakdown of plant, machinery or electronic system, fire or flood.

  1. Governing Law

The Governing Law and Jurisdiction of these Terms and Conditions, any Contract or Agreement are governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions, any Contract or Agreement.

 

End User Licence Agreement

1 Introduction

By accessing this DATA the End User agrees to abide by the Terms and Conditions of Licence contained herein.

2 Definitions

  • LICENSOR – Emapsite.com Limited (Registered Number 3931726: Unit 5 Woking 8, ​Forsyth Road, Woking, Surrey, GU21 5SB) who have been licensed to market the Intellectual Property Rights of others under these terms.

 

  • RESELLER – Groundsure Limited and/or their own channel partners

 

  • END USER – the person, organisation or company who is accessing the DATA, on the basis of these Licence terms, having been accepted as a Licensee by Licensor and paid the Price due to the Reseller in consideration for such Licence, and is identified as the person, organisation or company given on the corresponding invoice for this product from the Reseller.

 

  • DATA - means the Products licensed and made available to the End User by the Licensor as a series of data sets which together provide indicative maps showing the underground assets of Utility Providers for England, Wales and Scotland and compiled by Technics Group Limited.

 

3 Grant of licence

The licence granted to the End User is personal, revocable, non-exclusive and non-transferable, limited to Internal Use (as defined in clause 5 below) as the only Permitted Use by the End User and is for a period as specified in the corresponding order invoice from the Reseller. Save as expressly authorised to vary in accordance with clause 5 below, the End User shall be prohibited from: modifying, translating, format-changing, enhancing, reproducing, copying (except where strictly necessary for system back up), redistributing, disseminating, selling, dealing with, licensing, encumbering, reverse engineering, disassembling or decompiling the DATA, or any part of thereof, except to the extent permitted by law; using the DATA in any manner for the creation of products or services for Distribution; using DATA otherwise than for Internal Use; assigning or dealing with in any way its rights under the End User Contract; putting, or allowing the DATA (or any Derived Data) to be put on any free, open or public access website; and distributing or granting licences of the DATA (in whatever form) or material derived from DATA (including interrogating DATA), save as expressly varied by relevant part of clause 5 below.

4 Intellectual Property and Copyright

4.1 The End User must acknowledge and agree that all Intellectual Property Rights in the DATA are the absolute property of the Utility Providers (or where relevant Technics Group Limited or the licensor). Material which is derived, developed or copied from DATA shall be deemed assigned to the relevant Utility Provider as legal and beneficial owner at creation, except as provided in this paragraph. However, where that material is created by End User under relevant Permitted Use by End User authorised by Licensor in accordance with the Agreement, the Intellectual Property in that material shall belong to the End User.

4.2 Copyright statements must be used with DATA as follows:

© Utility Provider (named as applicable) and Technics Group Limited

5 Permitted use

5.1 PERMITTED USE BY END USER SHALL BE LIMITED TO INTERNAL USE. COMMERCIAL USE SHALL BE

PROHIBITED. The meanings of such phrases are set out below.

5.2 Internal Use means the following internal uses by the End User: Without compromising the prohibitions contained in clause 3 above, analysing the DATA against a location or a series of locations to obtain information derived from the DATA such as proximity to underground assets and use of and sharing such information/results of such analysis internally within the End User's legal entity only.

5.3 Commercial Use means use that does not fall under Internal Uses (as above) and involves the provision or any form of Distribution to any third party of the DATA or any material derived from DATA (including Derived Data or Static Data) in connection with, expectation of or anticipation of any direct or indirect commercial benefit or commercial relationship (including a service, broker or agency agreement) and whether or not in return for any consideration (including direct or indirect fee, payment or other benefit), free of charge or for no consideration.

5.4 Derived Data means any material derived from or created using DATA, including where DATA is manipulated, aggregated, integrated, combined, merged, modelled, transformed or processed in or with other data or facilities;

5.5 Static Data means DATA and any data (including Derived Data resulting from Internal Uses presented or included in static format in presentations or reports in hard copy, .pdf or similar format. Static Data does not allow for alteration of the data presented, nor enable any further analysis to be carried out against the data (including against the DATA).

6 Confidentiality

6.1 In this clause 6, 'Confidential Information' means all confidential information disclosed (whether in writing, orally or by another means and whether directly or indirectly) by a Party to the other Party whether before or after the date of this Agreement which might reasonably be considered confidential, including the DATA, information relating to the DATA, and information relating to any of the operations, plans or intentions, clients, contacts, product information, software, data, processes, methods, know-how, trade secrets, market opportunities and business affairs of a Party.

6.2 Each Party shall treat the other Party’s Confidential Information as confidential and shall protect it as such. It shall manage it with not less than the same degree of care as it does its own Confidential Information. In any event where Confidential Information is disclosed in any way by one Party (‘Disclosing Party’) to the other Party ('Receiving Party'), either before or during the Term of this Agreement or after its expiry or termination for any reason, the Receiving Party shall: not use Confidential Information for a purpose other than the performance of its obligations under this Agreement; not disclose Confidential Information to any person except with the prior written consent of the Disclosing Party; and make every effort to prevent the use or disclosure of Confidential Information.

6.3 During the term of this Agreement the Receiving Party may disclose Confidential Information solely to the extent that such disclosure is necessary for the purposes of this Agreement, to any of its directors, other officers, employees, End Users, Affiliates, contractors or sub-contractors. Receiving Party shall ensure that persons to whom Confidential Information is disclosed are made aware of and comply with the Receiving Party's obligations of confidentiality as if they were the Receiving Party.

7 Information Access

7.1 In so far as the End User is, or is deemed to be, or acts or and on behalf of or on the authority of a Public Authority for the purposes of the Information Access Regimes: End User acknowledges that the Utility Providers, Technics Group Limited, Reseller and Licensor consider that DATA is exempted from disclosure because DATA is: proprietary to the Utility Provider and disclosure would harm the interests of the Utility Provider (including its commercial interests); protected by database rights and other Intellectual Property; confidential and the disclosure of it by the End User would constitute a breach of confidence actionable by the Utility Provider, Technics Group Limited and/or the Licensor; and confidential commercial or industrial information protected by laws to protect a legitimate economic interest.

7.2 End User shall, in the event it receives a request for information ('Access Request') under the Information Access Regimes pursuant to which the DATA might be disclosed: immediately notify the Reseller of the Access Request and provide the Reseller with full and complete details of the Access Request and the DATA that may be disclosed, together with any other information the Reseller may request; consult, as soon as possible within receipt of Access Request, with the Reseller as to whether the DATA constitutes information which is exempt from disclosure or publication pursuant to the Information Access Regimes and/or pursuant to the matters set out above; notify the Reseller immediately of any final decision as to disclosure of the DATA and no less than 72 hours before any proposed disclosure, as to what if any of the DATA (or any Derived Data) is proposed to be disclosed and co-operate fully and at End User's sole cost with the requirements set out in this paragraph.

7.3 End User shall not disclose the DATA in any publication scheme maintained pursuant to any Information Access Regime without first notifying the Reseller in advance of disclosure in accordance with this paragraph.

7.4 Where the End User is, or is deemed to be, or acts for and on behalf of or on the authority of a Public Authority under the Information Access Regimes and the End User seeks to make disclosure or discloses DATA under the Information Access Regimes without the consent of the Reseller, such disclosure shall entitle the Reseller and/or the Licensor and/or Technics Group Limited to terminate the End User Contract with immediate effect and without liability on their part.

7.5 The Contracts (Rights of Third Parties) Act 1999 shall apply for the benefit of Technics Group Limited and the Licensor and the Reseller that Technics Group Limited and/or the Licensor and/or the Reseller may (but shall have no obligation to) enforce any of the terms in the End User Contract which relate to disclosure under the Information Access Regimes, limitation on liability, use of DATA or infringement of Intellectual Property Rights in the DATA.

8 Termination

8.1 The licence must terminate automatically in the event that the End User materially breaches any of the

requirement / obligations set out in this End User Licence Agreement. All use of DATA and material derived from DATA shall cease promptly in such event, except as follows:

  • Following expiry of the End User Contract, the End User may continue to use limited material created using DATA during the term of its End User Contract. Such material is limited to that which is both properly authorised as relevant Permitted Use by the End User and is in static form, i.e. such that after termination it is not changed, added to, updated, modified in any other way or used in or to create any new, updated, supplemented or modified product, tool, analysis or material.
  • Material which is not in static form (including probabilistic modelling and models and output therefrom, which is automatically deemed to be not static) shall not be used after termination of the End User Contract.
  • the End User must be prohibited from using DATA (including in Reseller’s Product/Service), and from deriving any new, updated, supplemented or modified product, tool or material from DATA, after the date of termination of its End User Contract.

 

8.2 The invalidity or unenforceability of any part of this Agreement shall not prejudice or affect the validity or enforceability of the remainder of the Agreement, which shall remain in full force and effect. If any provision of this Agreement is found to be invalid, illegal or unenforceable but would cease to be so if some part of the provision were deleted or modified, the provision in question shall apply with such minimum modification as may be necessary to make it valid, legal and enforceable and still give effect to the commercial intention of the Parties in this Agreement.

9 Fees

9.1 The End User must acknowledge its obligation to pay licence fees to the Reseller. The total price of the Products shall be the Reseller’s written quoted price as varied from time to time. The price is exclusive of any applicable Value Added Tax, which the End User shall be additionally liable to pay to Licensors.

9.2 End User shall pay in full on order or shall pay within 30 days of the date of invoice, if accepted for an account with the Reseller. The time of payment shall be of the essence of the Contract. All payments shall be made in full without deduction in respect of any set-off or counterclaim. If the End User fails to make any payment on the due date then without prejudice to any other right or remedy available to Licensors, Licensors shall be entitled to: cancel the Contract or suspend any deliveries to the EndUser; appropriate any payment made by the End User to the DATA; and charge the End User interest (both before and after any judgment) on the amount unpaid, at the rate of 4 per cent per annum over the base rate for the time being of Barclays Bank PLC. Licence to DATA is not deemed to commence until payment has been made of the Price in full to Licensors.

10 Liability

10.1 Licensors warrant that the DATA will correspond with its specification at the time of delivery. The above warranty does not extend to any defect resulting from use of the DATA with materials or equipment not supplied by Licensor. The above warranty is given by Licensors subject to the following conditions: Neither Licensor nor Reseller shall be under any liability in respect of any defect in the DATA arising from any drawing, design or specification supplied by the End User or in respect of any defect arising from failure to follow Licensors' guidance, misuse or alteration of the DATA without Licensors' approval;  Neither Licensor nor Reseller shall be under any liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the DATA has not been paid by the due date for payment; and Except in respect of death or personal injury caused by Licensor or Reseller’s negligence, neither Licensor nor Reseller shall be liable to the End User for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses, or other claim for consequential compensation whatsoever which arises out of or in connection with the supply of the DATA, except as expressly provided in these Conditions. Except in respect of injury to or death of any person Licensor’s and Reseller’s aggregate liability for breach of contract, negligence or other default shall not exceed the value of the Contract.  Except as expressed here all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

11 Governing Law and Jurisdiction

The End User Contract and any matter, dispute or claim arising from or in connection with the End User Contract in so far as it applies to DATA and its use (including noncontractual disputes or claims) shall be governed by and construed in accordance with English law. The End User must submit to the mediation process prescribed in the Agreement and, subject to that, to the exclusive jurisdiction of the English court.