We sell two kinds of things: professional services quoted and delivered by our team (SAP calculations, assessments, testing and consultancy), and instant reports purchased online through our free calculator tools. Part A below applies to quoted professional services; Part B applies to online tool purchases. Nothing in these conditions affects your statutory rights.
Part A — Professional services (quoted work)
PRICES — All prices quoted are NETT and exclude VAT or local taxes and duties if applicable. The quoted price allows for and includes any agreed discounts.
VALIDITY — The prices are fixed and remain firm providing your acceptance is received within the validity period shown on the quotation and that delivery is taken within the period specified. If unspecified, validity is 30 days from quotation date.
TERMS OF PAYMENT — Payment is to be made within 7 days of the date of the invoice for credit approved customers unless payment terms are agreed otherwise. Payment terms for non credit approved customers is cash in advance. If credit is agreed the terms will be specified but we reserve the right to vary the conditions of the trading dependent upon previous credit experience. Where credit is agreed we retain legal title to any goods or services supplied until all monies due have been paid. In the event of delayed payment of account we reserve the right to charge interest on any overdue account at the rate of a minimum of 1% per month above the Bank of England base rate from the date on which the payments become due and should the account fall into three months arrears, we reserve the right to reclaim any supplied goods and charge late payment & debt recovery fees (including County Court fees).
LIMIT OF LIABILITY — Any advice supplied is strictly on the following conditions: It is intended solely for use by the addressee and may not be disclosed, copied or distributed without the written permission of the Company. When addressed to our clients any opinions or advice or information contained therein shall not constitute a binding obligation unless expressly indicated. The Company or its employees or servants shall not be liable for any damages or costs, whether direct or consequential, however so arising from any advice or information given or supplied in the course of its operations.
Part B — Online tools and instant reports
This part applies when you buy a PDF report through one of our online calculator tools (currently ΨMonkey, WaterMonkey, SoakMonkey, NutrientMonkey and U-Monkey). Using the calculators themselves is free and creates no contract; these conditions apply from the point you pay for a report.
WHAT YOU ARE BUYING — An automatically generated PDF report of the calculation you have built in the tool, produced from the inputs you entered, using the published methodology stated in the tool and on the report. It is digital content, supplied by download. You are responsible for the accuracy and completeness of the inputs: the report faithfully calculates from what you enter, and cannot detect errors in what you tell it. Each report states its methodology, its inputs and any assumptions on its face, and carries a unique report ID.
PRICES AND PAYMENT — Prices for online reports are stated at the point of purchase excluding VAT; VAT at the prevailing UK rate (currently 20%) is added at checkout and the VAT-inclusive total is shown before you pay. Payment is taken in full at the time of purchase by card via Stripe; we never see or store your card details. Your Stripe receipt is your proof of purchase.
DELIVERY — The report is generated and downloaded in your browser immediately after successful payment. If payment succeeds but the report cannot be delivered — for whatever reason — and you do not retrieve it using the retry option, the payment is refunded automatically in full, normally within the hour, with no action needed from you.
CANCELLATION — Because the report is digital content generated and supplied immediately at your request, by completing the purchase you expressly agree to immediate supply and acknowledge that you lose the statutory 14-day right to cancel once the report has been delivered. In plain English: once you have your report, the purchase is complete. This does not affect your remedies if the content is faulty (see below), and our refund practice is deliberately generous: undelivered reports refund automatically, and minor corrections can be re-exported free for 24 hours after purchase. Substantial changes to the calculation inputs count as a new calculation and a new report.
IF SOMETHING IS WRONG — Under the Consumer Rights Act 2015, digital content must be as described, fit for purpose and of satisfactory quality. If a report you have paid for is defective — it does not reflect the inputs you entered, or misapplies the stated methodology — contact us at mail@energycount.co.uk with your report ID and we will repair, replace or refund it.
INTENDED USE AND RELIANCE — Reports are prepared using published UK methodologies for submission in support of Building Regulations or planning applications, as stated in each tool. Where a tool describes an output as a screening assessment (for example the ISO 13788 condensation-risk screening), the report says so and it should not be treated as a substitute for a site-specific professional assessment. Acceptance of any submission rests with the relevant authority. The report is licensed for use on the project for which it was produced; it may be shared with your project team, designers and the relevant authority for that purpose.
LIMIT OF LIABILITY (ONLINE REPORTS) — Online reports are automated calculations from your inputs, priced accordingly. Our total liability arising from any online report is limited to the price you paid for it, except that nothing limits our liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited. We are not liable for losses arising from inaccurate or incomplete inputs, or for use of a report outside its stated purpose. If you need advice, checked inputs and professional responsibility for the result, that is exactly what our quoted professional services are for — we would genuinely rather you bought the right thing.
THE FREE TOOLS — The calculators are provided free of charge in the hope they are useful, without warranty of any kind. On-screen results are for information; only a purchased (or, where offered, free) PDF report is intended to be relied on as a record of a calculation.
General
ABOUT US — Energycount Limited, England. Contract language is English and these conditions are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction — except that if you are a consumer you retain any protections and forum rights the law gives you where you live.
Contacting us about our Conditions of Sale — If you think these Conditions of Sale haven't answered all your questions, or you want to know more, please contact our customer services team at mail@energycount.co.uk.