Terms & ConditionS

Our Terms:

Definitions:
In these terms and conditions:
We
means The Electrical Services Team Limited, a company registered in England and Wales with company number 12401290 of 24 Monks Avenue, Barnet, England, EN5 1DB.
You
means our customer(s) or prospective customer(s), and “us”, “our” and “your(s)” accordingly.
Access and Making Good
means when getting to your boiler, appliance or system, to fix or service it and then repairing any damage we may cause in getting access to your boiler, appliance or system by replacing items such as cabinets or cupboards that we’ve removed and by filling in holes we have made and leaving a level surface – but we won’t replace or restore any fixtures, fittings, floors, walls or appliances or any original surface or coverings, for example, tiles, cupboards, cabinets, floor coverings, decoration, grass or plants to its original condition.
Accidental Damage
means when you do something that stops your boiler, appliance or system from working properly – without meaning to.
Authorised Contact
means a managing agent, landlord or any named person who you’ve authorised and who we’ve agreed can act on your behalf to make arrangements under your agreement in relation to a property.
Booking
means the process of choosing and selecting an appointment via our online e-mail booking system (www.theplumbingteam.co.uk) or via telephone.
Contract Date
means the date on which you receive e-mail confirmation of our acceptance of your Order and Booking that is, the date on which a legally binding contract is formed.
Fees
means the fees for the Services.
Managing Agent
means someone who provides managed services to a landlord in relation to one or more properties.
Order
means the Services or products you have selected during your booking.
Prices
means the price package you may have selected as set out in Schedule 1 to this Agreement.
Services
means the services that we provide as more particularly detailed in Schedule 1 to this Agreement.

1. THESE TERMS

1.1
What these terms cover.  These are the terms and conditions on which we supply services to you.
1.2
Why you should read them.  Please read these terms carefully before you submit you order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1
Who we are.  We are The Electrical Services Team Limited a company registered in England and Wales. Our company registration number is 12401290 and our registered office is at 24 Monks Avenue, Barnet, England, EN5 1DB.
2.2
How to contact us.  You can contact us by telephoning our consumer service team at 0208 22 66 500 or by writing to us at info@theelectricalservicesteam.co.uk
2.3
How we may contact you.  If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4
”Writing” includes emails.  When we use the words “writing” or “written” in these terms, this includes emails.

3. HOW TO BOOK OUR SERVICES

3.1
You may make an appointment with us by visiting us on our website ‘www.tmst.co.uk’. and selecting ‘Book an Appointment’. You will then be directed to leave your contact details including your name, address and contract number and a member of our team will be in touch to take further information about the type of Services you and arrange an appointment with you as appropriate.
3.2
Alternatively, we accept bookings over the phone. You may call us directly on 0208 22 66 500.
3.3
In addition, you can make bookings via email to info@theplumbingteam.co.uk.
3.4
We reserve our rights to cancel or amend the appointment at any time.
3.5
How we will accept your order.  Our acceptance of your order will take place when we write to you to accept it and confirm to you in writing that we are able to provide you with the services, at which point a contract will come into existence between you and us.
3.6
If we cannot accept your order.  If we are unable to accept your order, we will inform you of this in writing and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the services or any other reason that we may state. We reserve the right to reject your order at any time without providing you with a reason.
3.7
Your order number.  We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.8
We only sell and provide services to areas within London.  Our website, catalogue and brochure are solely for the promotion of our services in London. Unfortunately, we do not generally accept orders from or deliver/ provides our services to addresses outside of London. However, we may on occasion, at our sole and absolute discretion, accept bookings outside of London.
3.9
By placing an Order on our website, you are making an offer to purchase our Services and associated products. We reserve our rights to reject your offer to purchase at any time and for any reason without providing you any further explanation.
3.10
All bookings are subject to availability.
3.11
We will begin the Services on the date agreed with you during the Booking process.
3.12
The date for the Services is the date as confirmed to you in our confirmation e-mail.
3.13
If we withdraw or amend your access to our website (including to any content posted/uploaded by you) we may delete or block access to any content on the website (including to any content) or in your account (whether uploaded by you, other users or otherwise), and we are under no obligation to unblock or reactivate your account. We will not be responsible to you if for any reason the website, content, or your account is unavailable at any time or for any period.
3.14
If you provide us with incomplete, in accurate, out of date or misleading information we may suspend or terminate our services at any time.

4. YOUR RIGHTS TO MAKE CHANGES

4.1
If you wish to make a change to the services please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
4.2
It’s your responsibility to keep us informed of any changes to your contact details including telephone number, address or email. If you change a boiler or plumbing appliance that’s covered by us, you need to tell us the make and model of the new one, so we can check we can cover it. If we can’t cover your new boiler or appliance we may need to cancel or amend your services.

5. MANAGING AGENTS

5.1
If you are a Managing Agent, we will only provide the Products and/or Services to you and not to landlords or tenants and you must not resell or hold yourself out as a reseller of the products to landlords, tenants or anybody else.
5.2
You agree that:
5.2.1
Where you have insurance products you warrant that you’ll have at all relevant times a managing agent insurable interest in the elements included in your agreement; and
5.2.2
You’ll indemnify us against all costs, expenses, losses, demands, amounts agreed upon in settlement and liabilities which we may suffer or incur arising out of, or in connection with, complaints or claims which we receive from landlords, tenants or any other third party as a result of your failure to have, at all relevant times, a managing agent insurable interest in the elements covered by your agreement.

6. OUR RIGHTS TO MAKE CHANGES

6.1
Minor changes to the services.  We may change the services:
6.1.1
to reflect changes in relevant laws and regulatory requirements; and
6.1.2
to implement minor technical adjustments and improvements, for example to address a security threat. These changes may not affect your use of the services.
6.2
More significant changes to the services and these terms.  In addition, as we informed you in the description of the services on our website, we reserve our rights to make any changes to these terms or the Services at our sole and absolute discretion, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect unless we have already provided any part of the Services to you.
6.3
We may periodically change the Services available on our website without prior notice to you and we do not undertake to continue to supply any particular Service or type of Service.

7. PROVIDING THE SERVICES

7.1
When we will provide the services.  We will supply the services to you from the date set out in the order for the time period set out in the order or until we have completed the services. The estimated completion date for the services is as told to you during the order process.
7.2
We’ll carry out any repairs or visits you’re entitled to within a reasonable time, unless something beyond our control makes that impossible, including but not limited to, unavailability of parts or goods from the manufacturer - in which case we’ll let you know as soon as possible and give you another time when we can visit.
7.3
We are not responsible for delays outside our control.  If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
7.4
If you do not allow us access to provide services.  If you have asked us to provide the services to you at your property and you do not allow us access to your property as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and Clause 7.3 will apply.
7.5
What will happen if you do not provide required information to us.  As we informed you in the description of the services on our website, we will need certain information from you so that we can provide the services to you, including but not limited to boiler appliance types, plumbing appliance types, manufacturers details, nature of issue, scope of works to be carried out. We will contact you in writing to ask for this information. If you do not, within a reasonable time of us asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract (see Clause 3.13) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.6
Our engineers will only work on your property if there’s someone 18 years old or older there at all times during the visit. Our engineers reserve their rights to request that you provide us with identification to prove that you meet the minimum age requirement and that you are authorised to provide access to the property. It’s your responsibility to give us access to your property. If we can’t get access we won’t be able to complete the work and it’s then up to you to arrange another appointment. If you don’t re-arrange the appointment, your agreement will still continue. After several failed attempts to get into your property, we may cancel your agreement but we’ll let you know beforehand.
7.7
Authority to carry out work If you’re not at the property when our engineer visits.  You must make sure that there is somebody else present who can give instructions to our engineer, on your behalf. If you do not own the property, you confirm that you have obtained the owner’s permission before you authorise us to start work on the property. We do not accept any liability for unauthorised works. You will be responsible for any losses, costs or damages which we incur as a result of any claims made against us for repairs carried out without the necessary consent.
7.8
If you want an authorised contact it’s your responsibility to let us know who they are so that we can note it on your agreement.
7.9
Working in dangerous or unsafe conditions.  We won’t start or continue doing any work in your home if we believe there’s a health and safety risk, for example: hazardous chemicals, pest infestations, verbal or physical abuse, or harassment. And we won’t return to finish the work until that risk is gone. If any asbestos needs to be removed before we can repair your boiler or plumbing appliance or system, you’ll need to arrange and pay for someone else to remove it and give you a Certificate of Reoccupation which you’ll need to show us.
7.10
From time to time, we may tell you that your boiler, appliance or system needs permanent repairs or improvements that aren’t covered by your agreement to keep working safely. For example, if your ventilation doesn’t meet current gas safety regulations. If you don’t follow this advice, it will affect certain parts of your cover – but your agreement will keep running until you or we change or cancel it.
7.11
If your boiler or plumbing appliance or system is covered by a third- party warranty, it’s your responsibility to make sure that any work we do doesn’t affect that warranty.
7.12
If your Product includes replacing appliances our engineer will estimate how old it is. If you disagree you’ll need to show us either the original from new receipt, a dated guarantee or proof of when it was first installed.
7.13
We will take reasonable care to carry out the work without causing unnecessary damage to your property, however you accept that the work (including removing or dismantling existing fixtures and fittings) may cause damage and certain areas may need redecoration following completion of the work. We will fill in any holes and leave the surface level if we have had to make access to your system so we could carry out the work, however, we will not replace the original surface or construction (for example, redecoration), unless the damage has been caused directly by our negligence.
7.14
We will attend your specified address to carry out the service on the date stated in your Order confirmation e-mail. If we’ve already carried out a first service or an annual service at your address in the last twelve months, we won’t carry out another one – even if you’ve just moved in.
7.15
If we’ve installed a new boiler or plumbing service for you the first service will be carried out as part of the installation. At the first service our engineer and/ or plumbing team will check that your boiler or plumbing appliances are on our approved list and your boiler and/or plumbing and/or central heating and ventilation don’t have any pre-existing faults. If we find it’s not on the approved list or it has a pre-existing fault we will:
7.15.1
Tell you what needs to be done to fix it – this includes providing you with the contract details for the manufacturer.

8. OUR RIGHT TO REFUSE TO PROVIDE SERVICES

8.1
We won’t repair any damage that’s caused by changes in, or problems with, the supply of your gas, water or electricity.
8.2
If anyone other than us carries out any work on your boiler, appliance or system and damages it, your cover doesn’t include putting that right.
8.3
If, upon inspection by our engineer, your product:
8.3.1
requires repairs and has an excess or fixed fee you will have to pay this before we repair it
8.3.2
is service only, our engineer may give you a quote to have the work done
8.4
When your annual service is due we may send you or your authorised contact an email, letter, text message or call you to arrange it. We may try to get hold of you up to three times. If we don’t hear back from you after the third time, we won’t try again and won’t refund the cost of the missed annual service. But you can still contact us at any time to book it.
8.5
We may not repair or replace any parts that have been deliberately damaged or misused. Our engineer will use their expert judgement to determine how the damage was done.
8.6
If we can’t turn off the external water supply stopcock to your home to complete your repair it’s up to you to get your water supplier to turn it off.
8.7
We won’t repair or replace steel or iron pipes, except: • Your water supply pipe from the boundary of your property to your home • Your gas supply pipe, from your meter to your boiler or appliance(s) • And, your soil stack/vent pipe where these pipes are specifically covered by your agreement.
8.8
Reasons we may suspend the services. We may have to suspend the services to:
8.8.1
deal with technical problems or make minor technical changes;
8.8.2
update the services to reflect changes in relevant laws and regulatory requirements; and
8.8.3
make changes to the services as requested by you or notified by us to you (see Clause 5).
8.9
Your rights if we suspend the services.  We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 10 months in any 12- month period we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract if we suspend the services, or tell you we are going to suspend them, in each case for a period of more than 6 months and we will refund any sums you have paid in advance for services not provided to you.
8.10
We may also suspend the services if you do not pay.  If you do not pay us for the services when you are supposed to (see Clause 10.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see Clause 10.6). We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see Clause 10.5).

9. YOUR RIGHTS TO END THE CONTRACT

9.1
You can always end the contract before the services have been supplied and paid for.  You may contact us at any time to end the contract for the services, but in some circumstances, we may charge you certain sums for doing so, as described below.
9.1.1
If we have attended your Property to carry out the services, we may charge you a cancellation fee equivalent to up to 50% of the Fees for the relevant Services quoted under Schedule 2 to this Agreement.
9.1.2
If we have not attended your Property but we have carried out administrative work/duties in relation to your Order, you may be charged a cancellation fee equivalent to up to 25% of the Fees for the relevant Services quoted under Schedule 2 to this Agreement.
9.1.3
If we have not attended your Property nor carried out any administrative work, we may still charge you a cancellation fee of equivalent to up to 10% of the Fees for the relevant Services quoted under Schedule 2 to this Agreement.
9.1.4
If we have ordered products in order to provide the agreed Service and you terminate this agreement before the Services have been provided we may charge you a cancellation fee of up to 50% of your deposit.
9.2
We will give you a full refund for any Services or Products which you have paid for in advance if you cancel within 14 days provided the Products are unused and in a resalable condition.
9.3
If you or we cancel your agreement or any products and we’ve already completed work for you since you bought or renewed them, you may have to pay cancellation charges.
9.4
What happens if you have good reason for ending the contract.  If you are ending the contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:
9.4.1
we have told you about an upcoming change to the services or these terms which you do not agree to (see Clause 5.2);
9.4.2
we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
9.4.3
there is a risk the services may be significantly delayed because of events outside our control;
9.4.4
we suspend the services for technical reasons, or notify you are going to suspend them for technical reasons, in each case for a period of more than 12 months; or
9.4.5
you have a legal right to end the contract because of something we have done wrong.
9.5
What happens if you end the contract without a good reason.  Unless you have a right to end the contract immediately (see Clause 7.2), the contract will not end until 30 days after the day on which you contact us. We will refund any advance payment you have made for services which will not be provided to you. For example, if you tell us you want to end the contract on 4 February the services will stop on 3 March. We will only charge you for services up to 3 March and will refund any sums you have paid in advance for services after 3 March
9.6
Renewals.  We’ll write to you at least 25 days before your agreement is due for renewal. If you pay by Direct Debit, we’ll keep renewing your agreement automatically, until you ask us to stop.

10. OUR RIGHTS TO END THE CONTRACT

10.1
We may end the contract if you break it.  We may end the contract at any time by writing to you if:
10.1.1
you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
10.1.2
You do not provide access to the property at the arranged time, an aborted charge will apply equivalent to 1 hours agreed rate.
10.1.3
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, including but not limited, to boiler appliance types, plumbing appliance types, manufacturers details, nature of issue and scope of works to be carried out; or
10.1.4
you do not, within a reasonable time, give us access to your property to enable us to provide the services to you.
10.2
You must compensate us if you break the contract.  If we end the contract in the situations set out in Clause 8.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3
We may stop providing the services.  We may write to you to let you know that we are going to stop providing the services. We will let you know at least 14 in advance of our stopping the services and will refund any sums you have paid in advance for services which will not be provided.

11. IF THERE IS A PROBLEM WITH THE SERVICES

11.1
How to tell us about problems.  If you have any questions or complaints about the services, please contact us. You can contact us by telephoning our consumer service team at 0208 22 66 300 or by writing to us at info@theplumbingteam.co.uk and 24 Monks Avenue, Barnet, EN5 1DB.
11.2
Summary of your legal rights.  See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says:

you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
11.3
Our guarantee in addition to your legal rights.  We offer the following goodwill guarantee which is in addition to your legal rights (as described in Clause 9.2) and does not affect them. In the unlikely event, there is any defect with the Services:
11.3.1
if remedying the defect is impossible or cannot be done within a reasonable time or without significant inconvenience to you we will refund the price you have paid for the services.
11.3.2
in all other circumstances, we will use every effort to repair or fix the defect free of charge, without significant inconvenience to you, as soon as we reasonably can and, in any event, within 12 months. If we fail to remedy the defect by this deadline we will refund the price you have paid for the services.
11.3.3
Our guarantee only applies to our Services but does not apply to our Products.

12. PRICE AND PAYMENT

12.1
Where to find the price for the services.  The price of the services (which includes VAT) will be the price set out in our price list under Schedule 1 to this Agreement as in force at the date of your order unless we have agreed another price in writing. We take all reasonable care to ensure that the prices of services advised to you are correct. However please see Clause 10.3 for what happens if we discover an error in the price of the services you order.
12.2
We will pass on changes in the rate of VAT.  If the rate of VAT changes between your order date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
12.3
What happens if we got the price wrong.  It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and not perform the services.
12.4
When you must pay and how you must pay.  For one- off repairs and boilers services you must make an advance payment of 50% of the price of the Services, before we start providing them. We will invoice you for the balance of the price of the services when we have completed them. You must pay each invoice within 7 calendar days after the date of the invoice. We accept payment by credit card, debit card or BACS transfer For ongoing services and gas and electricity supply you can pay for your agreement yearly by debit or credit card or Direct Debit – or monthly by Direct Debit. All of our prices include the relevant taxes at the current rate.
12.4.1
If you are paying by Direct Debit you agree that you will complete the Direct Debit Mandate Form provided to you. You agree that on the Due Date, the Bank will debit the billed amount quoted on the invoice from the deposit account number quoted on the Direct Debit Mandate Form owned by you, or such other accounts with the Bank as designated in writing by you (the "Designated Account"). You may terminate this Direct Debit arrangement at any time by sending written notice to the Bank at the address specified at the end of this Agreement, however, this shall terminate our agreement with you and we shall no longer provide you with our Services.

12.5
We can charge interest if you pay late.  If you do not make any payment to us by the due date (see Clause 10.4) we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of [BANK] from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6
What to do if you think an invoice is wrong.  If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1
We are responsible to you for foreseeable loss and damage caused by us.  If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.  This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services including the right to receive services which are as described and supplied with reasonable skill and care.
13.3
When we are liable for damage to your property.  If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services. We are also not responsible for replacing or restoring to its original condition any original surface or coverings, for example, tiles, floor coverings, decoration, grass or plants.
13.4
We are not liable for business losses.  We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.5
We’re not responsible for any loss or damage caused by malicious, inappropriate or unintentional interference with the software, internet communications or radio signals of any boiler, appliance, device or system covered under this agreement.
13.6
We’re not responsible for any loss of or damage to, or cleaning of property, furniture or fixtures as a result of your boiler, appliance or system breaking or failing unless we caused it. For example damage caused by water leaks.
13.7
Our Services only includes repairing or replacing your boiler, appliance or system when it stops working properly – it doesn’t include any improvements or upgrades, for example: replacing working radiators, swapping standard radiator valves for thermostatic ones and replacing electrical cables and fuseboards that still work. Where we’ve told you that an improvement is necessary, we may not continue to make repairs on that part of your boiler, appliance or system unless the work has been carried out.
13.8
On completion of our service and/or during the provision of our service(s) we may provide you with our written or oral advice on how to use or maintain our product or services. If, in the reasonable opinion of our engineer, you have failed to comply with our advice and guidance, we shall not be liable for any damage, or direct or indirect losses that may result by your misuse.

14. LIMITATION OF LIABILITY

14.1
This Clause 14, sets out the entire financial liability of the parties (including any liability for the acts or omissions of their respective employees, agents and subcontractors) to each other for:
14.2
This Clause 14, sets out the entire financial liability of the parties (including any liability for the acts or omissions of their respective employees, agents and subcontractors) to each other for:
14.2.1
any breach of this agreement however arising;
14.2.2
any use made or resale of the Products by the Customer, or of any product incorporating any of the Products; and
14.2.3
any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
14.3
Nothing in this agreement shall limit or exclude the liability of either party for:
14.3.1
death or personal injury resulting from negligence; or
14.3.2
fraud or fraudulent misrepresentation; or
14.3.3
breach of section 2 of the Consumer Protection Act 1987; or
14.3.4
the indemnity contained under this Agreement.
14.4
Without prejudice to Clause 14.2, neither party shall under any circumstances whatever be liable to the other, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
14.4.1
loss of profit;
14.4.2
loss of goodwill;
14.4.3
loss of business;
14.4.4
loss of business opportunity;
14.4.5
loss of anticipated saving;
14.4.6
loss or corruption of data or information; or
14.4.7
special, indirect or consequential damage/losses.
suffered by you or the other party that arises under or in connection with this agreement.
14.5
Without prejudice to Clause 13, 14.2 [or Clause 14.3], the Customer’s total liability arising under or in connection with this agreement, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited as follows:
14.5.1
for non-payment of invoices for Products purchased, to the amount unpaid, and any interest due on such amount; or
14.5.2
for any other type of liability, to £5,000.

15. HOW WE MAY USE YOUR PERSONAL INFORMATION

15.1
How we will use your personal information.  We will use the personal information you provide to us to:
15.1.1
provide the services;
15.1.2
process your payment for such services; and
15.1.3
if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
15.2
We may pass your personal information to credit reference agencies.  Where we extend credit to you for the services we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
15.3
We will only give your personal information to other third parties where the law either requires or allows us to do so.
15.4
If you’re giving us information on behalf of someone else, you confirm that they’ve seen these terms and conditions and given you permission for us to use their information in the way we’ve described here. And if you give us sensitive information about yourself or other people, for example, Complaints and Compensation scheme Your personal information health details or details of any criminal convictions of members of your household, you also agree and confirm that the person the information is about has agreed that we can use this information in the way we’ve described here.

16. OTHER IMPORTANT TERMS

16.1
We may transfer this agreement to someone else.  We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 2 weeks of us telling you about it and we will refund you any payments you have made in advance for services not provided.
16.2
Nobody else has any rights under this contract (except someone you pass your guarantee on to).  This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in Clause 9.3 in respect of our guarantee. Neither of us will need the consent of any person acquiring rights under our guarantee to end the contract or make any changes to these terms.
16.3
If a court finds part of this contract illegal, the rest will continue in force.  Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.4
Even if we delay in enforcing this contract, we can still enforce it later.  If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
16.5
Which laws apply to this contract and where you may bring legal proceedings.  These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.
16.6
Alternative dispute resolution.  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, you may want to contact the alternative dispute resolution provider we use. If you are not satisfied with the outcome you can still bring legal proceedings.

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