These Terms and Conditions, together with any and all other documents referred to herein (Conditions), set out the terms for the provision of services by Altus Limited, a private limited company incorporated and registered in England and Wales with company number [COMPANY NUMBER] whose registered office is at Riverside Innovation Centre, Castle Drive, Chester, Cheshire, CH1 1SL (hereafter We/Us/Our). Please read these Conditions carefully and ensure that you understand them before placing an order with Us.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Conditions, unless the context otherwise requires, the following expressions have the following meanings:
Contract a contract for the purchase and sale of Services in accordance with Clause 4.
Order your order for the Services.
Order Confirmation Our acceptance and confirmation of your Order.
Contractor individual or business that will be responsible for providing the Services.
Services the services which are to be supplied by Us through our Contractors to you as specified in your Order (and confirmed in Our Order Confirmation).
1.2 A reference to writing or written includes emails.
2. BUSINESS CUSTOMERS
These Conditions do not apply to customers purchasing Services in the course of business. If you would like a service listed on Our Website please contact us at firstname.lastname@example.org or telephone on +(0)1244 888 669.
3. INTERNATIONAL CUSTOMERS
Our Services are available to UK customers only. We do not currently accept orders for Services from customers outside of the UK.
4. THE CONTRACT
4.1 These Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you. Before placing an Order, please ensure that you have read these Conditions carefully. If you are unsure about any part of these Conditions, please ask Us for clarification.
4.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists, Our Site and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
4.3 A legally binding contract between Us and you will be created upon our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing by email.
4.4 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
a) The main characteristics of the Services;
b) Our identity and contact details (as set out below in Clause 14);
c) The total price for the Services including taxes or, if the nature of the Services is such that the price cannot be calculated in advance, the manner in which it will be calculated;
d) The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;
e) Our complaints handling policy;
f) Where applicable, details of after-sales services and commercial guarantees; and
g) Duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract.
5. PRICE AND PAYMENT WHEN ORDERS ARE NOT PLACED VIA OUR WEBSITE
5.1 The price of the Services will be that shown in Our price list in place at the time of your Order. If the Price shown in your Order differs from Our current price We will inform you upon receipt of your Order.
5.2 Our prices may change at any time but these changes will not affect Orders that We have already accepted.
5.3 All prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any prices where We have already received payment in full from you.
5.4 We accept the following methods of payment:
b) bank transfer to Our nominated bank account (details available on request); and
c) credit or debit card.
5.5 Our invoice is to be paid:
a) within 30 days of the date of the invoice; and
b) in full and in cleared funds to Our nominated bank account nominated, and
c) time for payment shall be of the essence of the Contract.
5.6 If you do not make payment to Us within 30 days , We may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of The Bank of England from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after Judgment. You must pay any interest due when paying an overdue sum.
5.7 The provisions of sub-clause 5.6 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
5.8 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may at any time, without limiting its other rights or remedies, set off any amount owing to it by you against any amount payable by Us to you.
6. ONLINE SERVICES, PRICING AND AVAILABILITY
6.1 We make all reasonable efforts to ensure that all general descriptions of the Services available from Us on our Website correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.
6.2 Where appropriate, you may be required to select the required package of Services or set out in detail the specific Services you require.
6.3 We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your online Order.
6.4 We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.
6.5 All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, please note the following:
a) We will contact you before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed;
b) We will give you the option to purchase the Services at the correct price or to cancel your Order (or the affected part thereof);
c) We will not proceed with processing your Order until you respond.
6.6 All prices on Our Website include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
7. PLACING AN ORDER ONLINE
7.1 When placing an Order through Our Website, you will be guided through the ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend any errors. Please ensure that you have checked your Order carefully before submitting it.
7.2 Only once We have sent you an Order Confirmation will there be a Contract between Us and you.
7.3 Order Confirmations shall contain the following information:
a) confirmation of the Services ordered including full details of the main characteristics of those Services;
b) fully itemised pricing for the Services ordered including, where appropriate, tax and other additional charges;
7.4 If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances.
7.5 You may change your online Order at any time before We begin providing the Services by contacting Us. If you change your online Order, We will confirm all agreed changes in writing.
7.6 If you change your mind, you may cancel your online Order or the Contract before or after We begin providing the Services subject to these Conditions. For details of your cancellation rights, please refer to Clause 9.
8. ONLINE PAYMENTS
8.1 When placing an Order through Our Website, payment for the Services will be due in the form of an advance payment of the total price for the Services.
8.2 We use the third party payment platform Stripe to process credit and debit card transactions. The collection and processing by Stripe of your credit or debit card details and other personal data are governed by Stripe’s terms and conditions, which are available at [insert link to stripe t&Cs]. We do not obtain or process your credit or debit card details, nor any details of your Stripe account.
8.3 You are solely responsible for all reversed or charged back transactions, regardless of the reason for, or timing of, the reversal or chargeback. We may invoice you at any time for any chargeback costs incurred on Our Stripe account.
8.4 If you do not make any payment to Us by the due date We may charge you interest in accordance with Clause 5.6.
9. PROVISION OF THE SERVICES
9.1 We will use all reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
9.2 We will begin providing the Services on the date agreed when you make your Order (which We shall confirm in the Order Confirmation). PLEASE NOTE THAT IF YOU REQUEST THAT THE SERVICES BEGIN WITHIN THE STATUTORY 14 CALENDAR DAY CANCELLATION (OR “COOLING OFF”) PERIOD, YOU ACKNOWLEDGE YOUR RIGHT TO CANCEL MAY BE LIMITED OR LOST.
9.3 We will make every reasonable effort to provide the Services in a timely manner. We will not be liable for any delays if an event outside of Our control occurs. Please refer to Clause 13 for events outside of Our control.
9.4 If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible. Depending upon the nature of the Services you have ordered, We may require information or action from you.
9.5 If the information you provide or the action you take under Clause 9.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result.
10. YOUR RIGHTS TO END THE CONTRACT
10.1 If you placed your Order online through Our Website or away from our office address, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is accepted and We have sent you an Order Confirmation, i.e. when the Contract between you and Us is formed. The period ends at the end of 14 calendar days after that date.
10.2 If the Services are to begin within the cooling off period you are required to make an express request to that effect. This request forms a normal part of the order process. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
a) if the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete; and
b) if you cancel after provision of the Services has begun but is not yet complete you will still be required to pay for the Services provided up until the point at which you inform Us that you wish to cancel. Any refund due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Refunds, where applicable, will be issued no later than 14 calendar days after you inform Us that you wish to cancel.
10.3 If you wish to exercise your right to cancel you must inform Us of your decision within the cooling off period. Cancellation by email to email@example.com is effective from the date on which you send Us your message. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future.
10.4 You may terminate the Contract immediately by giving Us notice by email if any of the following occur:
a) We have breached the Contract in any material way and have failed to remedy that breach within 14 days of you asking Us to do so in writing; or
b) We enter into liquidation or have an administrator or receiver appointed over Our assets.
If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 calendar days of Our acceptance of your termination.
11. OUR RIGHTS TO END THE CONTRACT
11.1 We may cancel your Order at any time in the following circumstances:
a) You fail to make a payment on time as required under Clause 5.5 (this does not affect our right to charge interest on overdue sums under sub-Clause 5.6); or
b) You have breached the Contract in any material way and have failed to remedy that breach within 7 days of Us asking you to do so in writing; or
c) We are unable to provide the Services due to an event outside of Our control as defined in Clause 13; or
d) The required materials necessary for the provision of the Services are not available.
11.2 If We cancel your Order under Clause 11.1 you will be informed and the cancellation will be confirmed in writing by email. Where we have already taken payment we will re-schedule delivery of the Services.
11.3 If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 calendar days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.5.
11.4 For the purposes of Clause 10.4a) and 11.1b) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
12. OUR LIABILITY
12.1 We will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.
12.2 We provide Services for domestic and private use or purposes. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
12.3 Our total liability for any loss or damage caused as a result of Our negligence or breach of these Conditions or the Contract (or that of the Contractor) is limited to £1,000,000.
12.4 Nothing in these Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our Contractors, employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
12.5 Nothing in these Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
12.6 Nothing in these Conditions seeks to exclude or limit your legal rights as a consumer.
13. EVENTS OUTSIDE OF OUR CONTROL
13.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
13.2 If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Conditions:
a) We will inform you as soon as is reasonably possible; and
b) Our obligations under these Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly; and
c) We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary.
14. CONTACT DETAILS
If you wish to contact Us with general questions or complaints, you may contact Us by telephone on +(0)1244 888 669 or by email at firstname.lastname@example.org.
15.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you.
15.2 On completion of the Contract you are encouraged to rate the tradesman on a scale of 1 to 5, 1 being the lowest and 5 being the highest. Your feedback and rating will help Us ensure that we continue working with only the best tradesmen.
16. HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)
16.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
16.2 We may use your personal information to:
a) provide Our services to you;
b) process your Order (including payment) for the Services; and
c) inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that we stop sending you this information at any time.
16.3 We will not pass on your personal information to any third parties without first obtaining your express permission during the registration process.
17. OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under these Conditions to another organisation.
17.2 You may not transfer your obligations and rights under these Conditions without Our express written permission.
17.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Conditions.
17.4 If any of the provisions of these Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, such provision(s) shall be deemed severed from the remainder of these Conditions. The remainder of these Conditions shall be valid and enforceable.
17.5 No failure or delay by Us in exercising any of Our rights under these Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Conditions means that We will waive any subsequent breach of the same or any other provision.
17.6 These Conditions are governed by the laws of England and Wales and you can bring legal proceedings in respect of the Services in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish, English or the Welsh courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish, the English or the Welsh courts.
17.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.