Envirochoice Limited – Terms & Conditions
Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Acceptance” means the acceptance of our Proposal and/or the placement of an order, and includes the acceptance of these Terms and Conditions;
“Client” means you, a consumer, firm or corporate body purchasing the Services. Where an individual is entering into this Contract on behalf of a business, the individual confirms they have the authority to do so and to contractually bind that business and the business shall be the Client in the context of this Contract;
“Consumer” is as defined in the Consumer Rights Act 2015;
“Contract” means the contract formed upon Acceptance by the Client as detailed above for our provision of the Services;
“Property” means any premises at which our Services are to be provided;
“Proposal” means the written Proposal given to you that stipulates costs, and Contract length for the Services to be provided, which unless otherwise specified, remains open for acceptance for a period of 30 days and constitutes our entire scope of works;
“Services” means the pest control services including but not limited to treatment, inspection, control, advice, proofing and prevention to be provided by us to you.
“Term” means the length of any agreement where we provide retained services.
Each reference in these Terms and Conditions to:
1.1.1 “we”, “us” and “our” is a reference to the Company;
1.1.2 “you” and “your” is a reference to the Client;
1.1.3 “writing” and “written” includes emails and text messages;
1.1.4 a statute is a reference to that statute as amended or re-enacted at the relevant time;
1.1.5 “these Terms and Conditions” is a reference to these Terms & Conditions as amended or supplemented at the relevant time;
1.1.6 a clause refers to a clause of these Terms and Conditions;
1.1.7 a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
1.1 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon their interpretation.
1.2 Words imparting the singular number shall include the plural and vice versa. References to any gender shall include the other gender. References to persons shall include corporations.
1.2 No terms or conditions stipulated or referred to by the Client in any form whatsoever will in any respect vary or add to these Terms and Conditions unless otherwise agreed by us in writing.
2.The Contract
2.1 Your acceptance of our Proposal includes acceptance of these Terms and Conditions, and this will form a legally binding contract between you and us.
2.2 Our Proposal will include the estimated number of visits necessary to complete the Services, the price payable for the Services and for any products we may require to render the Services. We may, if we deem it necessary, arrange to visit the Property before providing our Proposal, to undertake a survey and obtain any required information. We reserve the right to charge for any such surveys.
2.3 Our prices are based on the information provided to us at the time of preparing our Proposal. Should any errors or discrepancies become evident which affect the Services to be provided, we reserve the right to adjust our price accordingly.
2.4 If on a rolling basis, the Services will continue for the minimum agreed Term and thereafter the Contract will be automatically renewed for the same period as set out in the original Term, on the same Terms and Conditions as set out in this Contract (with the exception of the price) on a rolling basis unless a written notice to terminate is given by either party in accordance with clause 8 below. We will notify you of any such price increase in accordance with these Terms and Conditions.
3. The Services
3.1 We will ensure that our Services are rendered with reasonable care and skill, in accordance with our accepted Proposal and in accordance with best trade practice.
3.2 Any programme we agree is to be treated as an estimate only and unless otherwise agreed in writing, we shall have no obligation to complete our Services by a specified date.
3.3 Unless otherwise agreed, we will not move heavy furniture or other items in order to render the Services. If the premises is not cleared when we arrive at the Property, we may charge for the call out and rearrange the Services for another agreed date.
3.4 Should we attend the Property and find additional works are required other than those which have been quoted for, we will contact you to obtain your permission to carry out the additional Services and will agree a price for these. If we require further equipment or products to render the additional Services, these will also be chargeable and may require a revisit, in which case we will invoice for the additional Services separately to the original invoice.
3.5 We require you to be present during the Services unless otherwise agreed, such as in any case where the use of Aerosols requires you to vacate the Property for a certain period of time.
3.6 You agree to provide us with full and free access to hot and cold running water, free use of electricity and any other amenities that we could reasonably be expected to require in order to carry out the Services.
3.7 We will assess any factors that we feel may be contributing towards the pest infestation and which may be within your control. In such cases, we will provide advice on how you can assist in the effectiveness of the treatment. However, we cannot be held responsible for any action or inaction taken by you following such advice and should our professional advice not be followed we reserve the right to charge for additional visits.
3.8 Our Service is to attend your property, inspect the relevant area and treat the area with the intention of controlling the pest. It may be impossible or impractical to try to eradicate the pest entirely, and should this occur, we hold no liability for such.
3.9 You must give us a minimum of 3 working days’ notice if we will not be required to provide our Services on a particular day or at a particular time. Payment will not be required for cancelled visits provided such notice is given.
3.10 If we are unable to gain access to the Property or we do not receive the required notice to cancel as detailed in clause 3.8 above, we reserve the right to invoice you at our normal rate, together with any costs incurred by us in relation to the non-productive or aborted visit to the Property.
3.11 We can provide you with risk assessments and method statements in relation to the Services due to be carried out.
3.12 You must provide a safe working environment and provide any and all relevant information regarding site hazards. We reserve the right to refuse to carry out such Services that we deem to be unsafe or dangerous.
3.13 Should any person come into contact with any chemical(s) we have used, we recommend they immediately wash the affected area and seek medical attention where necessary.
3.14 We will make available to you any relevant health and safety information and COSHH or other data sheet relating to any chemicals we have used. You must read this information and comply with any procedures contained in them.
3.15 We may require scaffolding and other access equipment in order to provide the Services. We can arrange for this and include it in our Proposal or alternatively, you can arrange this yourself. If you are arranging this yourself, should we find the scaffolding or access equipment is unsuitable for any reason, we will charge for the call out and will rearrange the Services for another agreed date.
3.16 Any equipment (such as, but not limited to, bait stations) we may place or leave at the Property will at all times (unless specifically itemised and paid for by you) belong to us. However, the risk in such equipment will pass to you and you will be responsible for ensuring they are insured and remain in good working order. You shall also be responsible for taking necessary health and safety measures including but not limited to trip hazard signage, and we shall not be responsible for any personal injury where this is not complied with.
3.17 All products used in the rendering of the Services shall be provided by us and shall be selected based upon the Services required.
The cost of such products shall form a standard part of our Quotation or further Quotation should it be found necessary to provide further or additional products or goods.
4. Ongoing Services
4.1 Ongoing Service visits will be of the quantity and at the intervals specified in our Proposal, for the 12-month term, based on advice and any relevant legislation.
4.2 Should you fail to use your full quota of service visits, these cannot be carried over to any subsequent term and you will still be liable to pay in full with no discounts offered.
4.3 The particulars contained in your Proposal will specify what you are covered for under the Contract. We retain the right to levy additional charges for anything not specifically covered in the Contract that you ask us to do.
4.4 We will complete a Service report after each visit, which we will require you or a representative of yours to sign. A copy of the Service report will be left at the Property or sent via email and should be retained in a suitable location.
4.5 Any non-productive or aborted visits where we are not given sufficient notice in accordance with clause 3.8 will count towards your number of visits allocated in your Proposal and you shall be charged should we complete more than the allocated number of visits during the minimum term.
4.6 We reserve the right to charge an additional fee for any emergency callouts.
4.7 If, during the minimum term of the Contract, the Property changes in any material way or we consider you to need additional visits for any other reason, including changes in legislation, we will notify you accordingly. If the price is likely to increase as a result, we will send you a new Proposal, which once accepted, will supersede the previous Proposal and a new Contract between us will be formed.
4.8 Upon termination or expiry of the Contract, you must allow us access as soon as reasonably possible in order to collect any equipment we have left at the Property in accordance with clause 3.15 above, by law.
5. Client’s Responsibilities
5.1 The Client is responsible for:
5.1.1 ensuring the Property is suitable for our Services to be carried out (for example, if flooring is to be treated, it must be in reasonable condition, or it may suffer minor damage as a result);
5.1.2 ensuring that we can access the Property on the agreed dates and at the agreed times to provide the Services. Our price is based on carrying out our Services in phases, each phased visit is to be continuous;
5.1.3 complying with our recommendations and advice, including regarding prevention, where applicable; and
5.1.4 ensuring that if any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, these have been obtained by you before we begin the Services. If access is required to neighbouring land, it is your responsibility to ensure that access is granted and we shall not be held liable for any delays arising out of your inability to gain access.
5.2 If you fail to comply with any of your responsibilities outlined in clause 6.1 above, we will not be held liable for any delays as a result and we reserve the right to recover any costs incurred by us, such as for storage of materials or non-productive visits to the Property.
6. Payment
6.1 You may be required to pay a deposit and/or pay in advance prior to each visit. We cannot schedule a date for the works to commence until any advance payments have been received in full.
6.2 All fees and invoices are payable in full immediately upon invoice, unless otherwise agreed, without set-off, withholding, deduction or retention. We accept payment by BACS, card payment, cheque, cash or electronic payments. All fees are expressed exclusive of VAT where applicable.
6.3 For ongoing Services, we will invoice you quarterly in advance unless otherwise agreed. This payment is due before any further visits can be booked.
6.4 We reserve the right to request payment in full or in part up front before the Services commence. We will notify you of this within our Proposal.
6.5 We reserve the right to increase our costs to you should any of our costs increase including but not limited to national minimum wage, changes to National Insurance contributions, or other operational costs.
6.6 Interest is payable on all overdue accounts from the date payment was due (as set out above) until actually made, at 8% per annum above the Bank of England base rate from time to time during the period in which interest is payable. We also reserve the right to charge costs associated with recovering late payments.
6.7 We reserve the right to withdraw our Services to you in the event that any payments have not been made on or before the due date for payment. Withdrawal of Services for this reason does not constitute abandonment and as such, normal payment will become due until such time as either we or the Client terminates this Contract regardless of whether Service delivery is being maintained at that time or not.
6.8 Any variation in the Services to be carried out must be agreed in writing before we can proceed. Any fee or price variation will become due for payment to us in accordance with the terms for payment above.
6.9 We reserve the right to adjust our fees at the end of the minimum term and will notify you of this in writing.
7. Cooling Off Period – Consumers Only
7.1 If you are a Consumer, you have a statutory right to a cooling off period. This period begins once the Contract is formed and ends at the end of 14 calendar days after that date.
7.2 If you wish to cancel the Contract within the cooling off period, you should inform us immediately using the contact details provided with the Quotation. You will meet the cancellation deadline as long as you have sent your cancellation notice before the 14 days have expired.
7.3 If you cancel within this period, you will receive a full refund of any amount paid to us under the Contract, using the same payment method you used unless you request otherwise. In any case, you will not incur any fees as a result of the refund.
7.4 It is likely that the date for the property visit or the start date for the works will fall within the cooling off period, in which case you must make an express request for the Services to begin within the 14-day cooling off period. By making such a request, you acknowledge and agree that:
7.4.1 If the site survey or any other Services are completed within the 14-day cooling off period, you will lose the right to cancel once those works are completed;
7.4.2 If you cancel the Contract after the site survey or any other Services have begun, you will remain liable to pay for the survey or any other Services supplied up until the point at which you inform us of your wish to cancel. We will therefore keep any payments made in advance for such works.
7.5 Clause 8 applies to cancellation of the Contract after the 14-calendar day cooling off period has elapsed.
8. Termination
8.1 We reserve the right to cancel the Contract at any time and will confirm this in writing. We also reserve the right to cancel the Contract if:
8.1.1 we or our representatives are subjected to threats of any kind, actual physical harm or any verbal abuse; or
8.1.2 we deem the Property and/or any parts of it that we may need to access to be unsafe for any reason.
8.2 In the case of any retained Contracts, they will continue for an initial Term as outlined in our Proposal, and thereafter will be automatically renewed, with the exception of the price, on the same Terms and Conditions as set out in this Contract for the same Term as the initial Term, on a rolling basis, unless a written notice to terminate is given by either party in accordance with this clause 8. Such notice is to be given a minimum of 90 days before the end of the then-current Term and will be effective only at the end of that Term.
8.3 Either Party has the right to terminate this Contract immediately if the other Party:
8.3.1 has failed to pay any sum due within 5 days from the date payment became due and fails or refuses to do so following the expiry of a written notice requesting such payment within 7 days;
8.3.2 has committed a material breach of this Contract, unless such breach is capable of remedy, in which case this right to terminate will be exercisable if the other Party has failed to remedy the breach within 14 days after a written notice to do so; or
8.3.3 goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
8.4 In the event of termination, all payments required under this Contract will become due and immediately payable and the Client will allow us to recover all Equipment belonging to us which remain at the Property. Should access be denied you agree to indemnify us for the full cost of the Equipment.
8.5 We will use all reasonable care and skill when removing the Equipment, but we are not responsible for restoring any part of the Property to its original condition.
8.6 Any and all obligations of the Parties which either expressly or by their nature continue beyond the termination, cancellation or expiration of this Contract will survive termination under this clause 8 on a pro-rata basis.
9. General Liability
9.1 Subject to this clause 9, we will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the Contract is entered into. We will not be responsible for any loss or damage that is not foreseeable.
9.2 We accept no liability in respect of delays or damage due to causes beyond our reasonable control including, but not limited to, staff illness, power failure, industrial action, mechanical breakdown, civil unrest, fire, flood, adverse weather, storms, earthquakes, acts of terrorism, acts of war or governmental action.
9.3 Nothing in these Terms and Conditions is intended to or will limit or exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
9.4 We will maintain suitable and valid insurance, including public liability insurance. Details are available on request.
9.5 Under no circumstances will we be liable to you for any indirect or consequential loss, loss of profit, loss of business, interruption to business or for any loss of business opportunity.
9.6 We are not liable for any loss or damage suffered by you which results from your failure to follow any reasonable instructions given by us.
9.7 We are under no obligation to accept a request for treatment and reserve the right to cease providing our Services where the Client is found to be contributing to the problem and/or neglects to act upon advice given by us. In these circumstances, no refund will be offered.
10. Confidentiality: Each Party undertakes that throughout the duration of the Contract, the Parties may disclose certain Confidential Information to each other. Both parties agree that they will not use the Confidential Information provided by the other, other than to perform their obligations under this Contract. Each Party will maintain the Confidential Information’s confidentiality and will not disseminate it to any third party, unless so authorised by the other Party in writing.
11. Assignment and Sub-Contracting
11.1 We will be free to sub-contract any of our obligations under these Terms and Conditions. Any act or omission of any sub-contractor will be an act or omission of ours.
11.2 We may transfer (assign) our obligations and rights under the Contract to a third party (if, for example, we sell our business). If this occurs we will inform you in writing. Your rights under the Contract will not be affected and our obligations under the Contract will be transferred to the third party who will remain bound by them.
11.3 You may not transfer (assign) your obligations and rights under the Contract without our express written permission, which will not be unreasonably withheld.
12. Data Protection: Any data we hold will only be collected, processed and held in accordance with our rights and obligations arising under the provisions and principles of the Data Protection Act 2018 and any amendments to such.
13. Notices: All communications will be in writing and will be deemed to have been duly given when delivered by hand, posted by prepaid post or sent by email to the intended recipient at the address and/or email address stated in this Contract or to such other address or email as that party may specify to the other in writing. Notices sent by email will be deemed received on the first business day after having been sent and notices which have been posted will be deemed received on the third business day following posting.
14. Other Important Terms
14.1 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 the Contract.
14.2 If any part of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract or these Terms and Conditions and the remainder of the provision in question will not be affected.
14.3 No failure or delay by either party in exercising any rights under the Contract means that we or you have waived that right, and no waiver by either party of a breach of any provision of the Contract means that we or you will waive any subsequent breach of the same or any other provision.
14.4 Nothing in the Contract will make or be deemed to make us an employee or agent of yours or you an employee or agent of ours.
15. Law and Jurisdiction
15.1 These Terms and Conditions and the relationship between you and us will in all respects be subject to and construed in accordance with the laws of England and Wales.
15.2 Any dispute, claim or proceedings between you and us relating to the Agreement or these Terms and Conditions will be subject to the jurisdiction of the courts of England and Wales.