Terms & Condition and Data Policy

TERMS AND CONDITIONS

 

Application and entire agreement.

1.These Terms & Conditions apply to the provision of the Services detailed in our quotation (Services) by Kieran Walsh (Sole trader) trading as Kew Glass & Glazing of 88 The Sidings Mangotsfield South Gloucestershire BS16 9QW (We or Us) to the person buying the Service (You)

2.You are deemed to have accepted these Terms & Conditions when you accept our quotation or from the date of any performance of any Services (whichever happens earlier) and these Terms & Conditions and our quotation (the Contract) are the entire agreement between us.

3.You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Terms & Conditions apply to the Contract to the exclusion of any other term that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Interpretation                

4.A “Business Day” “Working Day” means any day other than a Saturday, Sunday or Bank Holidays, Easter, or Christmas or New Year in England and Wales.

5.The headings in the Terms and Conditions are for convenience only and don’t affect their interpretations.

6.Words imparring the singular number shall include the plural and vice-versa.

Services        

7.We warrant that we will use reasonable care and skill in our performance of the Services Which will comply with the quotation, including any specification in all material respects. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.

8.We will use our reasonable endeavours to complete the performance of the Services within the time agreed or set out in the quotation; however, time shall not be the essence in the performance of our obligations.

9.All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specially otherwise        

Your Obligations

10.You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relenvant. Information, materials, properties and any other matters which we need to provide the Services.

11.If you do not comply with Clause 10, we can terminate the Services.

12.We are not liable for any delays or failure to provide the Services if this is caused by your failure to comply with the provisiond of this section  (Your Obligations).

Fees & Deposits

13.The Fees (Fees) for the Services are set out in the quotation and are on time and materials basis.                                                                               14.In addition to the Fess, we can recover from you:

a)Reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses,

b)The cost of Services provided by third parties and required by us for the performance of the Services, and

c)The cost of any materials for the provision of the Services.

15. You must pay for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.

16. The Fees are exclusive of any VAT and other taxes or levies which are imposed or charged by any competent authority.

17.  You must pay a deposit (“Deposit”) of 50% of the total cost of the Services as detailed in the quotation. All Deposits are to be paid at the time of our 1st visit (unless we have stated otherwise) and the outstanding Fees (balance) are the be paid on completion of the Services provided.

18.  If you do not pay the Deposit to us according to the clause 17 above, we can either withhold  prevision of the services until the deposit as been received or can terminate under the clause below (Termination).

19.  The Deposit is non-refundable once materials have ordered for the provision the Services or unless we fail to provide the Services and are at fault for such failure (where the failure is not out fault, no refund will be given) (also see clause 25 circumstances beyond a party’s control).

Cancellations and Amendments      

20. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 30 days from the date of the quotation,(unless the quotation has been withdrawn).

21. Either we or you cancel an order for any reason to your acceptance (or rejection) of the quotation.

22. If you want to amend any details of the services you must tell us as soon as possible. We will use reasonable endeavours to make any required changes and additional cost will be included in the fees and invoiced to you (by email)

23. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party’s control), if we have to make changes in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.

24. If for any reasons you decide to cancel or fail to cancel a booking there will be a administration fee for cancelling. (the provision clause 14 Fees and Deposit also apply to T&Cs)) We need a least 48 hours’ notice for any cancellations to avoid the fee.

Circumstances beyond a party’s control

25. Neither of us is liable for any failure or delays in performing our obligations where such where such failure or delay results  from any cause that is beyond the reasonable control of any party. Such causes include and are not limited to: power failure, internet service provider failure,

industrial action, civil unrest, fire, flood storms, earthquakes, acts of terrorism, acts of war, government action or any other event that is beyond the control of the party in question. If the delay continues for a period of 120 days either of us may terminate or cancel the Services to carried out under these Terms and Conditions. (no refund if materials have been order under the clause 19 Fees & Deposits).

Payments

26. We will invoice you for your payment of Fees either: a) When we have completed the Services; or b) on the dates set out in the quotation.

27. You must pay the Fees due set out within the quotation and within accordance with any credits terms agreed between us and the Terms & Conditions that have set out  (see the above clause 18 Fees & Deposits).

28. Time for payment shell be of the essence of the contract.

a) ALL GOODS shall remain company property until such time as full payment has been made (Cleared funds in bank).

29. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above,

we will charge you interest at the rate of 4% per annum above the base lending rate of the Bank of England from time to time on the the amount outstanding until payment is received in full.

30. All Payments due under these Terms and Conditions must be paid in full without any deductions or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify the withholding payment of any such in whole or in part.

31. If you do not pay within the period set out above we can suspend any further provision of Services and cancel any future Services which have been ordered by, or otherwise arranged with you.

32. Receipts for payments will be issued by us only at your request.

33. All payments must be made in British Pounds unless otherwise agreed in writing between us.

Termination

34. We can terminate the provision of the Services immediately if you: a)Commit a material breach of your obligations under these Terms and Conditions; of

b)fail to make pay any amount due under the contract on the due date for payment; or c)We have a Zero Tolerance to Abusive Customers and we will terminate the call and in extreme circumstances we will terminate the Services. We try our up most to make sure all customer's are completely happy with our Services. d)are become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or e)enter into a voluntary arrangement under Part 1 of the Insolvency Act1986, or any scheme or arrangement is made with its creditors; or

f)convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver a pointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by your any of your directors or by a qualifying floating charge holder (as defined in para.14 of the schedule B1 of the Insolvency  Act 1986), a resolution is passed or petition presented to any courts for you for winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency

Intellectual property

35.  We reserve all copyrights and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

Liability and Indemnity

36. Our liability under these Terms and Conditions, and  in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.

37. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.

38.  We are not liable (whether caused by our employees,

agents or otherwise) In connection with our provision of the Services or the performance of any or Our other obligations under these Terms and Conditions or the quotation for:

a)any indirect, special or consequential loss, damage, cost, or expenses or;

b)any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or

c)any failure to perform any of our obligations if such delay or failure is due to cause beyond our control; or

d)any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or

e)any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied with the Services.

39. You must indemnify us against all damages, cost, claims and expenses by suffered us by arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents of employees.

40.  Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent mis-repetition, or for any other matters for which it would be unlawful to exclude or limit liability.

Data Protection

41. When supplying the Services to the Customer, the Service Provider may again access to and or acquire the ability to transfer, store or process personal data of  employees of the customer.

42. The parties agree that where such processing of personal data takes place, the Customer shall be the ‘Data Controller’ and the Service provider shall be the the ‘Data Processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and or re-enacted from time to time.

43.  For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’, and ‘Data Subject’ shall have the same meaning as in the GDPR.

44.  The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mention in these Terms and   Conditions or as requested  by and agreed with the Customer, shall not retain any Personal Data longer than for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purposes.

45.  The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict ”need -to-know” basis and only under the same (or more extensive) conditions as set out in these Terms and Conditions or to the extent required by applicable legislation and or regulations.

46.  The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.

47.  Further information about the Service Provider’s approach to Data Protection are specified in its Data Protection Policy, which can be found INVOICES. For any enquiries or complaints regarding Data Privacy, you can contra Kieran Walsh Owner at the following email address: kewglazing@gmail.com  

Communications

48.  All notices under these Terms and Conditions must be in writing and signed by,  or on behalf of , the party giving notice (or a duly authorised officer of that party).

49.  Notices shall be deemed to have been duly given: a)When sent, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; b)When sent, if transmitted by fax or email and a successful transmission report or return receipt is generated; c)On the fifth business day following mailing, if mailed by national ordinary mail; or d)On the tenth business day following mailing, if mailed by airmail.

50. All notices under these Term and Conditions must be addressed to the most  recant address, emails address or fax number notified to the other party.

No Waiver                

51. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy. Links to and from other websites

52.  Any links to third party websites located on this Website are provided for your  convenience only. We have not reviewed each third-party website and have no responsibility for such third-party websites or their content. We do not endorse the third-party websites or make representations about them or any material contained in them. If you choose to access a third-party website linked to from this Website, it is at your own risk.

53.  If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the  following conditions: a)you do not in any way imply that we are endorsing any services or products       unless this has been specifically agreed with us; b) you do not misrepresent your relationship with us or present any false information about us; c) you do not link from a website that is not owned by you; and or Severance

54. If one or more of these Terms and Conditions is found to be unlawful, invalid or other wise unenforceable, that those provisions will be deemed Severed from the remainder of

these Terms and Conditions (which will remain valid and enforceable).

Law and Jurisdiction

55. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual

disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts

                      ​