The terms for using Buildscout: general terms that apply to every plan, then the terms for each plan. Each section starts with a short summary, then the detail.
The following definitions apply in this Agreement:
Add-on means an optional extra feature or allowance bought on top of a Plan, as listed in the Plan Terms or Order Form.
Additional Terms means any additional terms for an Add-on, where set out or referred to in the Plan Terms or Order Form.
Affiliate means in relation to a body corporate, any subsidiary, subsidiary undertaking or holding company of that body corporate, and any subsidiary or subsidiary undertaking of any such holding company, as defined in section 1159 of the Companies Act 2006.
Agreement means these General Terms, the Plan Terms for the Client’s Plan, any Order Form and any Additional Terms.
Annual Plan means a Plan with an Initial Term of at least 12 months, being Homeowner outreach and Enterprise, and any other Plan where the Order Form sets a fixed term.
Authorised User has the meaning in clause 3.3, and includes Licensed Users, team members and subcontractors.
Billing Month means each monthly period starting on the date the Client’s paid Plan starts, or the date set out in the Order Form.
Business Day means any day which is not a Saturday, Sunday or public holiday in England.
Buildscout means Searchland Ltd, a company registered in England and Wales under company number 12866303, whose registered office is at Tagwright House, 35–41 Westland Place, London N1 7LP, trading as Buildscout.
Client means the business that signs up online, starts a Free Trial or signs an Order Form.
Client Materials means (i) materials, content, data or other Intellectual Property Rights supplied, input, uploaded or made available to the Platform by the Client or its Authorised Users, including project information, photos, documents, client details and letter content; and (ii) any materials created by the Client in its use of the Services or Platform.
Effective Date means the earliest of the date the Client signs up online, starts a Free Trial, signs an Order Form or first uses the Platform.
Feedback means any feedback, suggestion or idea for improving or modifying the Platform or Services.
Fees means the price for the Services, as set out in the Plan Terms, the Platform at sign-up, or the Order Form.
Free Trial means a free trial of a Plan under clause 5.
Initial Term means for an Annual Plan, the initial term set out in the Order Form or Plan Terms, which is at least 12 months; for a Monthly Plan, the first Billing Month.
Intellectual Property Rights means copyright, design rights, database rights, patents and rights to inventions, know-how, trade and business names, trade secrets, logos and devices, goodwill, trade and service marks (registered or unregistered) and any applications for them, and all rights in confidential information, which may now or in the future subsist anywhere in the world, including the right to sue for past infringements.
Letter Credits means credit bought in advance in the Platform and used to pay for letters and postcards.
Licensed User means a named individual for whom the Client has bought a user licence on a Plan priced per licence.
Monthly Plan means a Plan that runs month to month, being Projects and Planning data, unless the Order Form sets a fixed term.
Order Form means an order form or quote for a Plan accepted by the Client in writing or electronically.
Plan means the Buildscout plan the Client has chosen: Projects, Planning data, Homeowner outreach or Enterprise.
Plan Terms means the plan-specific terms for the Client’s Plan, including its allowances, Add-ons and rules, set out at the end of these terms.
Planning Data means planning application information, documents and related data made available through the Platform, including data supplied by the Searchland Group.
Platform means the hosted software-as-a-service platform available at app.buildscout.co.uk, the Buildscout mobile app once released, and any data made available through them.
Purpose means identifying, assessing and pursuing construction work and business opportunities, and managing the Client’s own projects, team and clients.
Renewal Term has the meaning in clause 7.2.
Reports means any reports, exports or outputs generated by the Client through the Platform.
Searchland Group means Searchland Ltd and its Affiliates.
Services means the services supplied by Buildscout under the Agreement, as set out in the Plan Terms and any Order Form.
Term means the Initial Term together with any Renewal Terms.
In this Agreement, unless the context requires otherwise: headings do not affect interpretation; references to clauses are to clauses of these General Terms; the singular includes the plural and vice versa; “including” means “including, without limitation”; and references to any statute include amendments and re-enactments.
If there is any conflict, the following order of priority applies: (a) special terms in the Order Form; (b) the rest of the Order Form; (c) Additional Terms, but only for the Add-on they cover; (d) the Plan Terms; (e) these General Terms.
The Client confirms it is entering into the Agreement for the purposes of its trade, business or profession and not as a consumer. Buildscout does not provide the Services to consumers.
The Agreement starts on the Effective Date. The Client accepts the Agreement when it signs up online, starts a Free Trial, signs or accepts an Order Form, or first uses the Platform, whichever happens first.
The person accepting the Agreement confirms they are authorised to bind the Client.
The Plan Terms and these General Terms published on buildscout.co.uk at the Effective Date apply, subject to clause 26.
In return for the Client meeting its obligations, Buildscout will provide the Services for the Client’s Plan for the Term.
Each Plan includes the features and allowances in its Plan Terms. Unless the Plan Terms say otherwise, each Plan includes everything in the Plan below it: Projects, then Planning data, then Homeowner outreach, then Enterprise.
Access to the Platform is limited to individuals nominated by the Client (“Authorised Users”). Buildscout will allocate log-in details to Authorised Users at its discretion.
The Client may invite team members and subcontractors to use the project features at no extra cost, unless the Plan Terms say otherwise. Where a Plan is priced per licence, each person who uses the features covered by that licence must be a Licensed User.
A user licence is for one named person and must not be shared. The Client may move a licence to another person when someone leaves or changes role, once in each 12-month period. Further transfers may be agreed in writing.
The Client must give accurate information when signing up and keep it up to date.
The Client must ensure each Authorised User keeps their log-in details confidential. Buildscout is not liable for any loss caused by the disclosure of log-in details by the Client or its Authorised Users.
The Client is responsible for all acts and omissions of its Authorised Users, and must ensure they use the Platform in line with the Agreement and all applicable laws.
Buildscout grants the Client, for the Term, a revocable, non-exclusive, non-transferable and non-sublicensable licence to use the Services and Platform solely for the Purpose and in line with the Agreement.
The licence is granted to the Client only and not to any Affiliate of the Client, unless agreed in writing.
The Client must not use the Services or Platform for the benefit of any third party, or to provide services to any third party, including its Affiliates.
Buildscout may add, improve or change features of a Plan during the Term, provided it does not materially reduce the overall functionality the Client has paid for.
Where the Plan Terms offer a Free Trial, the Client may use the Plan free of charge for the trial period stated.
Payment details are taken when the Free Trial starts. At the end of the Free Trial, the paid Plan starts automatically and the first Fees are taken, unless the Client cancels before the trial ends.
Free Trials, pilots and any discretionary cancellation right are limited to one per customer, company or related entity. Buildscout may end a Free Trial at any time.
During a Free Trial, the Services are provided “as is” and, to the extent permitted by law, Buildscout has no liability to the Client for the trial.
The Client must pay the Fees for its Plan, any Add-ons and any usage charges, as set out in the Plan Terms, the Platform at sign-up, or the Order Form.
All Fees exclude VAT, which the Client must pay at the applicable rate.
Plan Fees and monthly Add-ons are charged monthly in advance. On Monthly Plans they are taken by card or Direct Debit at the start of each Billing Month. On Annual Plans they are invoiced in line with the Order Form, and invoices must be paid within 7 days of the invoice date unless the Order Form says otherwise.
Usage charges, including AI walkthroughs over the monthly allowance, are charged monthly in arrears. Letters and postcards are paid from Letter Credits.
Letter Credits do not expire while the Agreement is in force. Unused Letter Credits are not refundable.
Unpaid amounts carry interest at 1.5% per month on the outstanding balance, or the maximum amount permitted by law if lower, plus reasonable costs of collection. Alternatively, Buildscout may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
Non-payment of Fees when due is a material breach of the Agreement. If a payment fails, Buildscout will tell the Client. If any amount is still unpaid 14 days after it is due, Buildscout may suspend the Services and access to the Platform until it is paid in full.
The Client is responsible for all taxes associated with the Services, other than UK taxes on Buildscout’s net income.
If the Client’s use exceeds its Plan allowances or the scope of the Agreement, the Client will be billed for that use at Buildscout’s standard rates, and agrees to pay those Fees.
If the Client believes it has been billed incorrectly, it must tell Buildscout within 60 days of the date of the first invoice or payment on which the error appeared to receive an adjustment or credit.
Buildscout may change its prices on at least 30 days’ written notice. On a Monthly Plan, new prices apply from the next Billing Month after the notice period ends. On an Annual Plan, new prices apply from the next Renewal Term, not during the current Term.
Any discount, free months or promotional pricing applies to the Initial Term only. From the first Renewal Term, or on a Monthly Plan after the promotional period stated, Buildscout’s standard prices apply, unless Buildscout’s account manager agrees otherwise in writing.
Monthly Plans continue from one Billing Month to the next until cancelled. The Client may cancel at any time in the Platform or by email to hello@buildscout.co.uk. Cancellation takes effect at the end of the Billing Month already paid for, and no refund is given for part months. Buildscout may end a Monthly Plan on at least 30 days’ written notice.
Annual Plans run for the Initial Term and then renew automatically for successive periods of 12 months (each a “Renewal Term”). Either party may stop renewal by giving at least 30 days’ written notice before the end of the Initial Term or the current Renewal Term.
The Initial Term and each Renewal Term of an Annual Plan is a binding commitment. Except under clause 22.2, neither party may end an Annual Plan for convenience during a Term, and the Client remains liable for all Fees for the full Term, whether or not it continues to use the Services.
If the Client stops using an Annual Plan or tries to end it early, other than under clause 22.2, the Fees for the rest of the Term remain payable and Buildscout may invoice them immediately.
The Client may move to a higher Plan at any time. The new Fees apply from the date of the change, and any Fees already paid for the current Billing Month are credited pro rata. Moving from a Monthly Plan to an Annual Plan starts a new Initial Term.
The Client may move to a lower Plan at the end of the current Billing Month on a Monthly Plan, or at the start of a Renewal Term on an Annual Plan, on at least 30 days’ written notice.
User licences may be added at any time. Additional licences are charged for the rest of the current Term at the same price per licence, unless agreed otherwise, and end on the same date. Licences may only be reduced at the start of a Renewal Term, on at least 30 days’ written notice.
Volume pricing agreed for a number of licences applies only while the Client keeps at least that number of licences, and, like any other discount, only for the Initial Term unless agreed otherwise in writing.
Add-ons may be added at any time. On a Monthly Plan they may be removed at the end of any Billing Month. On an Annual Plan they last for the rest of the current Term once added.
Unused monthly allowances, such as AI walkthroughs, reset each Billing Month and do not roll over. Annual allowances, such as planning applications for letters, reset on each anniversary of the Effective Date and do not roll over.
When the Client moves to a lower Plan, any content above the lower Plan’s allowances, such as projects open at once or saved folders, may become read-only until the Client is within its allowances.
Planning Data comes from public planning registers, councils and other sources, including the Searchland Group. Buildscout works to keep it accurate and up to date but does not guarantee that it is complete, accurate or current.
Where the Plan Terms include applications at submission, Buildscout picks up many planning applications when they are submitted, which can be up to 22 days before the council validates them. Timing depends on each council, and Buildscout does not guarantee when any individual application will appear.
Coverage is the geographic area set out in the Plan Terms or Order Form. “Nationwide coverage” means access to planning applications from every council area in the United Kingdom for which Buildscout holds data, shared across the Client’s account and all its users.
Planning documents may be protected by copyright belonging to applicants, agents or architects. The Client may view and use them only to assess and pursue work for its own business.
The Client must not resell, republish or share Planning Data outside its business, or copy it in bulk beyond the exports its Plan allows.
Where a Plan allowance is described as “unlimited”, it is unlimited for normal business use. If the Client’s use is far beyond what Buildscout would reasonably expect from a business of its size, Buildscout will contact the Client first and may then apply reasonable limits.
This clause applies whenever the Client sends letters or postcards through the Platform, on any Plan.
The Client approves the design and wording of each template before use, and is responsible for making sure letters are accurate, not misleading, and follow advertising rules including the CAP Code.
Each letter will show the Client’s business name and contact details, where the homeowner’s details came from, and how to stop further letters.
The Client decides who to write to and why, and is the controller for its letters. Buildscout prints and posts letters on the Client’s behalf as its processor. The Client relies on legitimate interests and must keep an up-to-date legitimate interests assessment; Buildscout will provide a template.
When a homeowner asks not to be contacted, Buildscout adds them to a suppression list and stops all further letters to them from the Client. Letter sequences stop once the Client marks a homeowner as having replied.
The Client sets a daily budget in the Platform. Buildscout will not send letters beyond the budget or the Letter Credit balance; letters pause until more credit is added.
If the Client downloads and posts letters itself, it is responsible for their printing, postage and compliance with this clause.
Buildscout may refuse to send any letter it reasonably believes breaks the law or the Agreement, and is not responsible for postal delays outside its control.
Buildscout helps the Client reach homeowners and other contacts, but does not guarantee any number of replies, enquiries or jobs.
Letter designs created for the Client may be used by the Client during the Term.
This clause applies where the Client’s Plan includes contact details for architects, agents, applicants, company owners or other businesses, or sales automation features.
Some architects, agents and company owners are individuals, including sole traders and partners, so data protection law applies. Clause 18.4 applies to any use of contact data.
The Client may email people at limited companies and similar organisations if each email identifies the Client and offers a simple way to opt out. The Client must not email sole traders or partnerships without their consent, must check the Telephone Preference Service before calling individuals, and must use LinkedIn profile information in line with LinkedIn’s terms.
The Client is responsible for what its automated emails say, who they go to, and that each includes its business details and an unsubscribe link. Buildscout will stop automated emails to anyone who unsubscribes.
Exports, including automatic exports to sales representatives, are for use inside the Client’s business only. Exported personal data must be deleted when no longer needed.
GPS clock-in records a person’s location when they use the clock-in feature, to check they are at the job. Clause 18.7 applies.
Anyone with a client portal link can see the portal, so the Client must share links only with its own clients.
The Client must not write, buy or reward reviews, or hide genuine negative ones.
Buildscout hosts the Client’s Portfolio website while the Agreement is in force. When it ends, the website goes offline. Where the Client uses its own web address, the Client remains responsible for that domain and its renewal unless Buildscout registered it for the Client.
The Buildscout mobile app is coming soon. It is not part of any Plan until released, and the Agreement will then apply to it.
Some features use artificial intelligence, including site walkthroughs, task writing, weekly client updates, letter design and application summaries.
AI output may be wrong or incomplete. The Client is responsible for checking it before relying on it, sending it or sharing it.
Buildscout will not use Client Materials to train general-purpose AI models made available to other customers.
All Intellectual Property Rights in the Services and Platform, including graphics, data compilations, user interfaces, logos, object and source code, architecture, designs and associated logic, process flows, algorithms and letter templates created by Buildscout, belong to Buildscout or its licensors, including all improvements and modifications. The Client has no rights in the Platform other than the right to use it under the Agreement.
The Client owns all rights in the Client Materials and is solely responsible for their legality, reliability, integrity, accuracy and quality. The Client gives Buildscout a licence to use the Client Materials only to provide, support and improve the Services for the Client.
The Client should back up its Client Materials regularly. Buildscout is not responsible for restoring lost or damaged Client Materials, except where the loss is caused by Buildscout’s breach of the Agreement.
Buildscout is not required to keep Feedback confidential and may use, disclose and exploit it in any way without compensation or credit. The Client grants Buildscout a perpetual, irrevocable licence to use Feedback.
Each party will keep confidential all information relating to: the Services and Platform, including data, structure, source code and other trade secrets; any information marked or described as confidential, including Order Form pricing; and any information that could reasonably be regarded as confidential (“Confidential Information”).
Each party will: not disclose the other’s Confidential Information except to its own personnel and representatives who need to know it and who are bound by equivalent obligations of confidence; not copy it except as reasonably necessary to perform the Agreement; and use it only to perform its obligations or exercise its rights under the Agreement.
Clause 15.1 does not apply to information that: was already known to the receiving party before the Effective Date; is developed independently; is lawfully obtained from someone else without a breach of confidence; is in the public domain other than through a breach; is Feedback; or must be disclosed by law, regulation or court order, provided the receiving party gives the other party a reasonable opportunity to contest the disclosure where lawful.
Within 30 days of the end of the Agreement, each party will return, destroy or permanently erase the other’s Confidential Information, except one copy it is required by law to keep.
Except as permitted by law, the Client must not reverse engineer, disassemble or decompile any part of the Platform, or try to discover its composition, structure, source code or trade secrets.
If the Client considers it necessary to decompile any part of the Platform under section 50B of the Copyright, Designs and Patents Act 1988, it must first give Buildscout detailed written notice and must not proceed until it has received Buildscout’s written response.
The Client must not, and must ensure its Authorised Users do not:
Buildscout may suspend access that breaches this clause and will tell the Client why.
Each party agrees, for itself and its Affiliates, not to solicit or entice away, or try to solicit or entice away, any Restricted Person of the other party or its Affiliates without the other party’s prior written consent, other than through a general advertising campaign open to all and not specifically targeted at the other party’s staff.
This clause applies during the Term and for 12 months afterwards.
“Restricted Person” means any person employed or engaged by a party or its Affiliates during the Term, excluding administrative personnel and those without significant development, mathematics, financial or data science expertise, who has been involved in developing the Platform or providing the Services.
In this clause, “controller”, “processor”, “data subject”, “personal data”, “personal data breach” and “processing” have the meanings in the UK GDPR. “Data Protection Legislation” means the UK GDPR, the Data Protection Act 2018 and the Privacy and Electronic Communications Regulations 2003, as amended or replaced.
Each party will comply with Data Protection Legislation.
Client Materials: for personal data in Client Materials, the Client is the controller and Buildscout is its processor, and clauses 18.5 and 18.6 apply. The Client must tell Buildscout in writing of any processing instructions not already set out in the Agreement.
Planning Data and contact data: Buildscout is an independent controller of personal data in Planning Data and contact data it provides, and processes it for its own purposes in line with Data Protection Legislation. When the Client uses that data to contact anyone, the Client is also a controller and is responsible for having a lawful basis, telling people where it got their details, and stopping contact with anyone who objects.
Where Buildscout processes personal data for the Client, it will: process it only on the Client’s documented lawful instructions, including for transfers outside the UK, unless required by law; ensure its staff with access are bound by confidentiality; take the measures required by Article 32 of the UK GDPR; assist the Client, taking into account the nature of the processing, with data subject requests and its obligations under Articles 32 to 36; notify the Client without undue delay of any personal data breach; delete or return the personal data at the end of the Term at the Client’s written direction unless required by law to keep it; make available information necessary to show compliance and allow reasonable audits at the Client’s cost; and tell the Client if it believes an instruction infringes Data Protection Legislation.
The Client gives a general authorisation for Buildscout to engage sub-processors. Buildscout will tell the Client of intended additions or replacements, giving the Client the chance to object, and will ensure each sub-processor is bound by written terms meeting Article 28(3) of the UK GDPR and offering at least the same protection as this clause.
Where GPS clock-in is used, the Client is the controller of location data and must tell its staff and subcontractors how it is used and have a lawful basis for it.
Buildscout’s privacy policy at buildscout.co.uk/privacy-policy explains how Buildscout uses personal data. The data processing terms are set out in this clause 18.
Buildscout aims to keep the Platform available at all times, but it may be unavailable for planned maintenance, which Buildscout will try to schedule outside UK business hours, or for reasons outside its control.
Support is available by email (hello@buildscout.co.uk) and in-app chat on every Plan. Homeowner outreach and Enterprise clients also get phone support on the number given to them at onboarding. Support hours are 9am to 6pm, Monday to Friday, excluding UK bank holidays.
Onboarding and access to Customer Success and Account Management are included where the Plan Terms say so. The Client will provide reasonable cooperation, information and access to its users needed for onboarding.
Each party warrants that: it has the rights, power and authority to enter into and perform the Agreement; it will perform its obligations in line with applicable law; and it has not entered and will not enter into any arrangement that would restrict the other party’s rights under the Agreement.
Buildscout warrants that it will provide the Services and Platform with reasonable care and skill.
The Client will indemnify Buildscout, its Affiliates and their directors and employees against all claims, losses, liabilities, damages, costs and expenses (including court costs and reasonable legal fees) arising from: the Client’s use of the Services or Platform other than in line with the Agreement; any third-party claim that Client Materials infringe the rights of a third party; any letter, email or other communication sent by or for the Client in breach of Data Protection Legislation or advertising rules; and any breach of the Client’s warranties.
This clause sets out Buildscout’s entire financial liability to the Client, including for the acts or omissions of its employees, agents and subcontractors, arising under or in connection with the Agreement, the Platform, any data or software accessed through it, any loss of or damage to Client Materials, the Client’s use of the Services, and any representation, statement or tortious act or omission, including negligence.
Nothing in the Agreement limits or excludes either party’s liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be limited or excluded by law.
Subject to clause 21.2, Buildscout is not liable for: loss of profits, revenue, business, contracts, goodwill or reputation, or wasted management time; any indirect, special or consequential loss; any third-party data or software accessed through the Platform; or any loss arising from errors or omissions in Reports, Planning Data or AI output.
Except as expressly set out in the Agreement, the Client is solely responsible for its use of the Platform and Services and for any results or conclusions drawn from them. Buildscout does not guarantee that using the Services will win the Client work or produce any particular result.
To the fullest extent permitted by law, the Services are provided “as is” and all warranties, conditions and other terms implied by statute or common law, including satisfactory quality and fitness for a particular purpose, are excluded. In particular, Buildscout does not warrant that: third-party data or software will remain available for the Term; the Services will be uninterrupted or error-free; data will be accurate, complete or up to date; defects will be corrected; or the Platform will be free of viruses or harmful components.
Subject to clause 21.2, Buildscout’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the Agreement, is limited to the total Fees actually received by Buildscout from the Client under the Agreement in the 12 months before the date the claim arose.
Buildscout may suspend the Services, in whole or in part, without liability: under clause 6.7 for non-payment; under clause 16.4 for a breach of acceptable use; or where reasonably necessary to protect the Platform, other customers or third parties, or to comply with law. Buildscout will tell the Client why and restore access once the issue is resolved. Fees remain payable during a suspension caused by the Client.
Either party may end the Agreement immediately by written notice if the other party: commits a material breach and, if the breach can be remedied, fails to remedy it within 30 days of written notice; or ceases or threatens to cease trading, is subject to a winding-up order, has an administrator or liquidator appointed (or such an appointment is applied for in good faith), is subject to a bankruptcy petition or order, becomes insolvent or unable to pay its debts as they fall due, or makes any arrangement with its creditors.
No refunds are payable on termination by either party, except where the Client ends the Agreement under clause 22.2 because of Buildscout’s breach or insolvency, or Buildscout ends a Monthly Plan under clause 7.1; in those cases Buildscout will refund Fees already paid for any period after the end date. Refunds are also given where the law requires.
When the Agreement ends, all rights and licences to the Platform and Services end immediately and the Client must stop using them.
The Client may export its Client Materials for 30 days after the Agreement ends, after which Buildscout may delete them.
The Client must stop using contact data and Planning Data supplied by Buildscout, except for people with whom it has since built a genuine business relationship, and must delete any exported personal data it no longer needs.
Termination does not affect either party’s accrued rights or remedies, including Buildscout’s right to Fees due for the full Term of an Annual Plan. Clauses which by their nature are intended to survive, including clauses 6, 7.3, 7.4, 14, 15, 17, 18, 20, 21, 23, 25 and 27, continue in force.
Notices under the Agreement must be in writing and delivered by email to the address on the Client’s account or in the Order Form (or to hello@buildscout.co.uk for Buildscout), by hand, or by pre-paid first-class or recorded delivery post to the other party’s registered office or another address it has notified. Cancelling a Monthly Plan in the Platform counts as written notice.
A notice is deemed received: by hand, when delivered (or at 9am on the next Business Day if delivered outside business hours); by post, two Business Days after posting; and by email, at the time of transmission (or at 9am on the next Business Day if sent outside business hours).
If the Client has a complaint, or a dispute arises under the Agreement, the Client should first raise it in writing with its account manager, or with hello@buildscout.co.uk if it has none, saying what the issue is and what it would like to happen. Buildscout will acknowledge it within 2 Business Days.
If the issue is not resolved within 10 Business Days, either party may escalate it in writing to a senior manager of each party (for Buildscout, the Commercial Director at ganesh@buildscout.co.uk, and for billing or payment issues, the finance team at finance@buildscout.co.uk). They will meet, in person or by video, within 10 Business Days of the escalation and try in good faith to resolve it.
If the issue is still not resolved within 20 Business Days of the escalation, the parties may agree to refer it to mediation with an independent mediator, for example through CEDR, and will share the mediator’s fees equally.
If the parties cannot reach a fair resolution through these steps, either party may pursue the matter through the courts of England and Wales under clause 27.10. Buildscout will act fairly and proportionately in doing so.
Nothing in this clause stops either party seeking urgent relief from a court, or stops Buildscout recovering Fees that are overdue and not genuinely in dispute.
While an issue is being resolved, both parties will keep performing the Agreement, and the Client must pay all amounts that are not in dispute.
Buildscout may amend these General Terms and any Plan Terms on at least 30 days’ written notice.
On a Monthly Plan, changes apply from the end of the notice period; if the Client does not agree, it may cancel before the change takes effect.
On an Annual Plan, a change that materially affects the Client applies from the next Renewal Term unless the law requires otherwise. If the Client does not agree to such a change, it may end the Agreement by notice before the change takes effect.
Changes needed for legal or security reasons, or that do not materially affect the Client, may apply sooner.
The Agreement binds and benefits the parties’ successors in title.
The Agreement is the entire agreement between the parties about its subject matter and replaces all earlier representations, arrangements and understandings. The Client’s own purchase order terms do not apply.
Nothing in the Agreement creates a partnership or agency between the parties.
If any part of the Agreement is found unenforceable, it will be read as far as possible to reflect the parties’ intentions, and the rest of the Agreement will continue in full force.
No delay or failure to enforce any right is a waiver of that right or of any later breach.
Neither party is liable for delay or failure caused by events beyond its reasonable control.
A person who is not a party has no right to enforce the Agreement, except as permitted by law.
Buildscout may assign, novate or otherwise transfer its rights and obligations, including to another company in its group or to a buyer of its business, and will use reasonable efforts to notify the Client. The Client may not do so without Buildscout’s prior written consent.
Buildscout may use subcontractors to provide the Services and remains responsible for them.
The Agreement and any dispute arising from it are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
Each plan has its own price, term, allowances and rules. They apply alongside the general terms above; clause numbers refer to the general terms unless they start with a letter.
A project counts towards “projects open at once” until the Client closes or archives it. Closed and archived projects stay viewable but cannot be edited until reopened within the allowance.
Monthly allowances reset at the start of each Billing Month and do not roll over (clause 8.6).
Letters sent through the postal marketing add-on are subject to clause 10. The Client chooses the addresses and is the controller for those letters.
Clauses 9 and 11 do not apply to this Plan unless the Client adds a feature that includes Planning Data or contact data.
Clauses 12 and 18.7 apply to client portals, reviews, the Portfolio website and GPS clock-in.
If the Client moves to a higher Plan, everything in Projects carries over (clause 8.1).
Clause 9 applies to all Planning Data on this Plan. Coverage outside the area chosen at sign-up needs a higher Plan or an add-on.
A CSV export counts towards the weekly allowance when it is downloaded. The weekly allowance resets every Monday at 00:00 UK time and unused exports do not roll over.
Exports are for use inside the Client’s business only (clauses 9.5 and 11.5). The Client must not combine exports to rebuild Planning Data in bulk.
Planning applications can include names and contact details of applicants and agents. Clauses 11 and 18.4 apply whenever the Client uses those details to contact anyone.
Letters sent through the postal marketing add-on are subject to clause 10.
Monthly allowances reset at the start of each Billing Month and do not roll over (clause 8.6).
If the Client moves down to Projects, saved searches, folders and leads become read-only and exports stop (clause 8.7).
The application allowance is the number of planning applications whose homeowners the Client can write to in each 12-month period from the Effective Date. An application counts once, when it is first added to a letter campaign, however many letters are sent about it. Unused applications do not roll over.
The Client can raise its application allowance above the amount in the Order Form in blocks of 5,000 applications a year, at £50 + VAT a month per block, as many times as it needs. Each block lasts for the rest of the current Term (clause 8.5).
Letters and postcards are paid from Letter Credits and are subject to clause 10. Their prices include printing and second-class UK postage.
Clause 10.4 applies: the Client is the controller for its letters and must keep its legitimate interests assessment up to date.
Nationwide coverage has the meaning in clause 9.3.
CSV exports follow the rules in the Planning data plan terms (D2 and D3).
Clause 7.3 applies: the Initial Term is a binding commitment and Fees for the full Term remain payable if the Client stops using the Services.
Members of the Federation of Master Builders (FMB) get one 5,000 more applications a year block free of charge for as long as their membership stays current. The Client must give its FMB membership number when ordering, and Buildscout may check membership with the FMB at any time. If membership lapses, the free block ends from the next Billing Month; the Client may keep it at the standard price or remove it at the end of the Term. The offer is one per business, cannot be exchanged for cash or another add-on, and does not change any other Fee.
Each person who uses the planning data, sales intelligence, sales enablement or outreach features must be a Licensed User. Team members and subcontractors may use the project features only, at no extra cost.
A licence may be moved to another person once in each 12-month period (clause 3.5). Licences may be added at any time and reduced only at the start of a Renewal Term on 30 days’ notice (clause 8.3).
Unused monthly allowances, such as AI walkthroughs, do not roll over (clause 8.6).
Letters and postcards are paid from Letter Credits. The Client sets a daily budget and letters pause when the budget or balance runs out (clause 10.6). Clause 10 applies to every letter, and the Client is responsible for printing and postage of letters it downloads and posts itself (clause 10.7).
Clause 11 applies to all contact data, email automations and exports.
Clauses 12 and 18.7 apply to GPS clock-in, client portals, reviews and the Portfolio website.
The Buildscout mobile app is not part of the Plan until released (clause 12.5).
The Order Form and its pricing are Confidential Information under clause 15. Volume pricing and any discount apply to the Initial Term only unless agreed otherwise in writing (clauses 6.12 and 8.4).