TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES
APPLEBY COTTAGE C.I.C
In this document the following words shall have the following meanings:
1.1 – “Agreement” means these terms and conditions
1.2 – “Customer” means the person or organisation who purchases the service from the supplier
1.3 – “Supplier” means Appleby Cottage C.I.C, Registered office 22 Chambers Street, Hertford, Hertfordshire, SG14 1PL, site location Appleby Street, Cheshunt, Waltham Cross EN7 6QY
2.1 This agreement shall apply to all matters relating to the supply of a service by the supplier to the customer
2.2 This agreement does not affect the customers rights under the Customer Rights Act 2015
2.3 Before the commencement of the services the supplier shall direct the customer to the supplier’s terms and conditions to review how the service will be offered. The supplier will discuss with the customer the nature of the service offered which will include forewarning of the Christmas shut down period.
2.4 The supplier shall use all reasonable endeavours to complete services on the arranged date, however the supplier shall have no liability should the service timetable need to be modified.
2.5 The supplier shall comply with Privacy and Electronic Communications Regulations 2003 (PECR) Data Protection Act 1998 (DPA), and GDPR when collecting, using and storing all personal data. A copy of the supplier’s data protection policy is available on request.
3.Price, payment and termination of agreement
3.1 The price for the supply of services will be set out in writing to the customer. The supplier shall invoice the customer on a calendar monthly basis via e-mail for the service that has been carried out as specified in writing at the point of booking a service
3.2 Invoices will be generated in arrears on a calendar month basis.
3.3 Customer payments can be made in cash, by cheque of via a bank transfer. The supplier shall be entitled to charge interest on overview due payments from the date when the payment becomes due. The interest will be calculated until the date of payment at a rate of 1.5% per day above the base rate of the Bank of England.
3.3a Should a customer for any reason fail to pay their invoices on time or become in arrears over a period of more than one calendar month the supplier has the right to suspend their services until the customers account is paid in full and or request that the customer account will be paid in advance rather than arrears on a calendar month basis.
3.4 The supplier reserves the right to raise charges should the cost of providing the service increase. The supplier will give at least 4 weeks’ written notice to the customer of any price rises. Should the customer not agree to these price rises, they may terminate the agreement by stipulating this in writing within a calendar month of being informed of the price rise
3.4 Once the service commences the customer is required to give a calendar months written notice should they wish to cancel the service.
3.5 If the customer does not terminate or cancel the agreement with a calendar months notice, the supplier is entitled to charge for that calendar month. For the avoidance of doubt, the customer’s failure to comply with 3.3, 3.3a & 3.4 shall be deemed to be a cancellation of service and subject to the payment of the cost of providing that service for the period in question
3.6 The supplier is required to give the customer a calendar months written notice should they wish to cancel the agreement with the customer. The supplier reserves the right to cancel the service at any time should the customer obligations set out in point 4 not be fulfilled in full
To enable the supplier to perform its obligation under this agreement the customer shall:
4.1 Co-operate with the supplier by providing the supplier with all information reasonably required for the health, safety and safeguarding of everyone on site BEFORE the commencement of the service
4.2 Obtain the necessary permissions and consents which may be required before the commencement of the service
4.3 Inform the supplier of any changes to 4.1 or 4.2 as soon as they materialise to enable all activities provided by the supplier to be carried out safely
4.4 The customer shall be liable to compensate the supplier for any expenses incurred as a result of noncompliance relating to points 4.1, 4.2, 4,3. For clarity this could include costs relating to damages, time, travel etc incurred by the supplier. The suppler shall notify the customer in writing of its intent to make any claim for additional costs relating to 4.4.
4.5 The customer will inform the supplier of planned holiday dates a calendar week in advance of non-attendance. The supplier will not charge the customer for a maximum of 6 weeks holiday per calendar year.
4.6 The supplier reserves the right to charge the customer for nonattendance (without a calendar weeks’ notice) on their pre agreed days.
5.Alternation to service provided
5.1 Both parties may at any time mutually agree upon a change to the service provided. Any alterations in the scope of the service provided under this agreement, shall be set out in writing which shall reflect the change to the services and the price and any other terms agreed between both parties
5.2 The customer may at any time request alterations to the service being provided by notice in writing. On receipt of the request for alterations the supplier shall review the request within 14 days and confirm if the supplier wishes to proceed with the alterations. Should the supplier agree with the alterations they will notifying the customer of any changes to the price or will respond outlining that they do not wish to accept the alterations outlined by the customer
5.3 The alterations to the service will be outlined to the customer, and this new agreement will supersede any historical agreements, thereafter the supplier shall perform the agreement upon the amended terms
6 Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure result from events outside its reasonable control, including, weather conditions, strikes, accidents, war, fire, pandemics, the act or omission of government, highway authorities or any telecommunications operator, administration or other competent authority, or the delay or failure in manufacture, production, or supply of goods by third parties of equipment or service, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
7 Independent contractors
The supplier and the customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. The supplier may, in addition to its own workforce, engage sub-contractors to provide all or part of the services being provided to the customer and such engagement shall not relieve the supplier of its obligations under this agreement.
The customer shall not be entitled to assign its right or obligations or delegate its duties under this agreement without the prior written consent of the supplier.
If any item within this agreement is held invalid, illegal or unenforceable by any Court of competent jurisdiction such provision shall be removed for the agreement, and the remainder of the provisions shall continue in full force with the invalid legal or unenforceable provision eliminated.
Any notices given by either party to the other may be served by e-mail, text or by post to the address of the other party. If sent by email it shall (unless the contrary is proved) be deemed to be received on the day it was sent as outlined in the parties e-mail out box. If by letter it shall be deemed to have been served at the time at which the letter was post marked.
11 Entire Agreement
This agreement contains the entire agreement between the supplier and the customer relating to the service being provided. This agreement may be varied in writing only.
12 Governing Law and Jurisdiction
This agreement shall be governed by the law of England or Scotland.