Terms & Conditions
- Please read these Terms and Conditions carefully.
- All contracts that the Provider may enter into from time to time for the provision of the Provider's services shall be governed by these Terms and Conditions.
- These terms and conditions (the “Terms”) are the only terms which govern the sale of services (“Services” or “Work”) by the business trading as “No Worries Property Group” which can be contacted at the address 23, Braefield Crescent, Preston, Lancashire, PR2 6ND (by post), dean@nwpropertygroup.uk (by email) and +44 (0) 7565 667 129 (by phone) (“No Worries Property Group” or “our”) to the Customer as defined below.
- Definitions
- 1 Except to the extent expressly provided otherwise, in these Terms and Conditions:
- "Business Day"means any weekday other than a bank or public holiday in England.
- "Business Hours" means the hours of 10:00 and 18:00 GMT on a Business Day.
- "Charges" means the following amounts:
- (a) the amounts specified in Section 7.
- (b) the amounts as may be agreed in writing by the parties from time to time; and
- (c) amounts calculated by multiplying the Provider's standard time-based charging rates (as notified by the Provider to the Customer before the date of the Contract by the time spent by the Provider's personnel performing the Services rounded up to the nearest half hour).
- "Contract" means a particular contract made under these Terms and Conditions between the Provider and the Customer;
- "Customer" means "You" the person or entity identified as such in Section 1;
- "Customer Premises" means any premises owned or controlled by the Customer at which the parties expressly or impliedly agree the personnel of the Provider shall provide Services;
- "Effective Date" means the date of execution of a Statement of Work incorporating these Terms and Conditions;
- "Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
- "Minimum Term" means, in respect of the Contract or the period specified in Section 2;
- "Provider" means "We', No Worries Property Group, having a registered address at Braefield Crescent, Preston, Lancashire, PR2 6ND;
- "Services" means work undertaken by The Handyman Services as specified in Section 3;
- "Statement of Work" means a written statement of work agreed by or on behalf of each of the parties;
- "Term" means the term of the Contract commencing in accordance with clause 2.1 and ending in accordance with Clause 2.2;
- "Terms and Conditions" means all the documentation containing the provisions of the Contract, namely the main body of these Terms and Conditions and the Statement of Work, including any amendments to that documentation from time to time.
- Term
- 1 The Contract shall come into force upon the Effective Date.
- 2 The Contract shall continue in force until:
- (a) all the Services have been completed; and
- (b) all the Charges have been paid in cleared funds, upon which it will terminate automatically, subject to termination in accordance with Clause 11.2 unless the parties expressly agree otherwise in writing, each Statement of Work shall create a distinct contract under these Terms and Conditions.
- Services
- 1 The Provider shall provide the Services to the Customer in accordance with these Terms and Conditions.
- 2 The Provider shall provide the Services in accordance with the standards of skill and care reasonably expected from a leading service provider in the Provider's industry.
- 3 If the Customer believes that any element of the Services does not meet the standards specified in Clause 3.2, then the Customer must promptly notify the Provider and allow the Provider to investigate the matter (including where applicable allowing the Provider to inspect the results of those Services) and, if those Services do not meet that standard, re-perform those Services.
- 4 The Provider shall devote such of its personnel's time and expertise to the performance of the Services as may be necessary for their satisfactory and timely completion.
- 5 The Provider shall comply with all reasonable requests and directions of the Customer in relation to the Services.
- Customer Premises
- 1 The Customer shall:
- (a) promptly provide to the Provider such access to the Customer Premises as is reasonably required by the Provider for the provision of the Services;
- (b) if the Customer is not a consumer, be responsible for ensuring the health and safety of the Provider's personnel whilst they are at the Customer Premises;
- (c) if the Customer is not a consumer, inform the Provider of all health, safety and security rules, regulations and requirements that apply at the Customer Premises;
- (d) if the Customer is not a consumer, maintain reasonable insurance cover for the Provider's personnel whilst they are working at the Customer Premises (including reasonable public liability insurance);
- (e) ensure that no third party service provider will be working at the Customer Premises during the provision of the Services at the Customer Premises by the Provider.
- 2 If the Customer is not a consumer, then in the performance of the Services at the Customer Premises, the Provider shall comply with all reasonable health, safety and security rules, regulations and requirements advised by the Customer of the Provider.
- 3 The Provider shall use all reasonable measures to secure any keys, and any other means of access, supplied by the Customer to the Provider for the purpose of enabling the Provider's personnel to enter and work at the Customer Premises.
- Customer Obligations
- 1 Save to the extent that the parties have agreed otherwise in writing, the Customer must provide to the Provider, or procure for the Provider, such:
- (a) co-operation, support and advice;
- (b) information and documentation;
- (c) governmental, legal and regulatory licences, consents and permits as are reasonably necessary to enable the Provider to perform its obligations under the Contract.
- 2 The Customer must provide to the Provider access to a water supply, a waste water disposal facility, a mains electricity supply and toilet facilities.
- Estimate
- 1. Any quotes or estimates provided by No Worries Property Group to the Customer (“Quotation”) are estimates only and cannot be guaranteed. Any Quotation made by or on behalf of No Worries Property Group whether in writing and/or orally is only an invitation to an offer and no Quotation shall be binding upon No Worries Property Group.
- 2. The price given is a true estimate of what the Provider expects to charge the Customer. If there are circumstances the Provider could not have been aware of, that will affect the price and the Provider will provide you with an updated estimate.
- 3. Quotations are valid for 30 days from the date of the quotation.
- 4. You have the right to accept the price or decline. Payment will be required for any work that you have authorised and we have completed up to the point you cancel.
- Charges
- 1 The Customer shall pay the Charges to the Provider in accordance with these Terms and Conditions.
- 2 If the Charges are based in whole or part upon the time spent by the Provider performing the Services, the Provider must obtain the Customer's written or verbal consent (subject to clause 11.3) before performing Services that result in any estimate of time-based Charges given to the Customer being exceeded or any budget for time-based Charges agreed by the parties being exceeded.
- 3 All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated inclusive of any applicable clause, added taxes if the Customer is a consumer, which will be added to those amounts and payable by the Customer to the Provider.
- 4 The Provider may elect to vary the Charges by giving to the Customer not less than 7 days' written notice of the variation.
- Payments
- 1 The Provider shall issue invoices for the Charges to the Customer either in advance of the delivery of the relevant Services to the Customer in relation to deposit monies or at any time after the relevant Services have been delivered to the Customer.
- 2 The Customer must pay the Charges to the Provider within the period of 3 calendar days following the issue of an invoice in accordance with Clause 7.
- 3 The Customer must pay the Charges by bank transfer, cash, debit or credit card.
- 4 If the Customer does not pay any amount properly due to the Provider under these Terms and Conditions, the Provider may:
- (a) charge the Customer interest on the overdue amount at the rate of 2.5% per day from the date the full amount was due (interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month).
- (b) if the Customer is not a consumer, claim interest and statutory compensation from the Customer pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
- 5 Staged payments can be agreed and payment dates will be stipulated on your contract.
- Delay
- 1 We will aim to complete the work within the agreed timescale. We are only liable for delays caused by our own negligence. Any work will be completed within a reasonable time.
- Force Majeure
- 1 A party shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is beyond the reasonable control of a party, materially affects the performance of any of its obligations under this agreement, and could not reasonably have been foreseen or provided against, but will not be excused for failure or delay resulting from only general economic conditions or other general market effects.
- Changes
- 1 Any changes the Customer makes in relation to what is to be supplied, we would request that you confirm this in writing or other durable form (e.g. email). This will ensure that both parties have a record of what was agreed.
- 2 Changes to the contract may also mean changes to the price and this will need to be confirmed in writing or other durable form and agreed by both parties.
- 3 Where changes or variations to the original contract occur after work has commenced and whilst on Customer Premises, acceptance of such changes may be made between both parties orally, face to face or via the telephone where time is of the essence and to stop work to gain written consent would result in further, unnecessary delays.
- Cancellation
- 1 If a cancellation is made within 48 hours of booked work commencing, we also levy a £27.00 cancellation fee.
- 2 Depending on the circumstances, and where and how your contract was agreed you may have a 14 day right to cancel it. Your rights are contained in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
- 3 If you wish to cancel this contract outside of the 14 days cancellation period we reserve the right to deduct/claim the direct costs we have incurred.
- Damage
- 1 We will not be liable for any damage unless caused by our negligence.
- Services provided
- 1 The Customer's rights under the Consumer Rights Act 2015, state that services should be provided with reasonable care and skill, within a reasonable time, (if no specific time has been agreed) and for a reasonable cost, (if no exact price has been agreed).
- 2 If a problem arises the Provider aims to resolve the issue within a reasonable time.
- Goods Provided
- 1 Any goods provided in line with the contract should be as described, of satisfactory quality, and fit for the purpose made known.
- Complaints Policy
- 1 The Provider is committed to providing the highest levels of care to all our customers. If the Customer is in any way dissatisfied with the Provider's services then please let the Provider know as soon as possible. This will help the Provider to continually improve their service to the Customer.
- 2 In the unlikely event that the Customer is dissatisfied, the Customer is entitled to withhold an amount to cover any corrective work that may be required. The Provider should be given the opportunity to complete any corrective work in the first instance.
- 3 When contacting the Provider, please detail the nature of the complaint, the Customer's contact details and indicate the preferred method of communication, e.g. telephone, email.
- 4 The Provider will acknowledge receipt of your complaint within three working days.
- Alternative Dispute Resolution
- 1 The Provider are not part of an ADR scheme, if a dispute occurs which the Provider cannot resolve the Provider will provide you with the details of a certified ADR provider and let you know whether the Provider will also intend to use the ADR process.
- 2 By law the Provider does not have to use an ADR provider but needs to provide the Customer with the details.
- 3 If the Customer requires advice on consumer rights, please contact Citizens Advice Consumer Service on 03454 04 05 06 or visit their website www.adviceguide.org.uk