ROCKAWAY POINT HANDYMAN

TERMS AND CONDITIONS

1.         Conditions Applicable

1.1       These Conditions shall be deemed to be incorporated in all Agreements to provide the Services to You and in the case of any inconsistency with any information on the Website or any correspondence sent by You to Us or any other communication between You and Us the provisions of these Conditions shall prevail unless expressly varied in writing and signed by a Director on behalf of Us.  Any concession made or latitude allowed by Us to You shall not affect Our strict rights under the Agreement. 

1.2       All requests for any variations to the Services to be supplied are to be confirmed in writing by You to Us and We shall not be responsible for errors or subsequent misunderstandings.

1.3       The Agreement between Us and You shall not exist until We confirm our acceptance to provide the Services in writing by letter or e-mail to You and the payment of the Price has been received by Us from You.

2.         The Price and Payment

2.1       The Price of the Services are located on the “How We Work” page of Our Website.  The Price You will pay will be that stated on the relevant part of the Website at the time You place an order for the Services, but subject to change under these Conditions including clause 2.4 below.

2.2       Payment of the Price and Materials (if applicable) together with any other charges shall be paid for with the completion of the Services being provided to your satisfactions, and can be made with the use of  cash, pay pal, most major credit cards or debit card. 

2.3       Your order for the Services can only be made through the appropriate page on the Company’s Website or at Our sole discretion, We may agree to accept orders by any other means. 

2.4       Our Prices are subject to adjustment taking account of any variations in Our costs including (but not limited to) variation in wages, cost of materials, exchange rate fluctuation, alterations or duties and other costs since the date of Your order.  We accordingly reserve the right to adjust the Price by the amount of any increase or decrease in such costs before the Services are provided.  The Price so adjusted shall be payable as if the price set out therein the original quoted Price on the Website.

3.         The Services

3.1       The description of the Services and the Price shall be set out written confirmation sent by Us to You to undertake the Services. 

3.2       You shall provide suitable access to your site or premises to ensure the Services can be carried out.

3.3       If You require the Services for a longer period than first requested by You or We require more time to carry out the Services then You (subject to our availability) shall pay Us before any extra time/Services are carried out by Us, over the telephone or on the Website by credit card or debit card.  We reserve the right to not carry out any extra or further Services if they have not been paid for by You.

4.         Assignments

4.1       We may assign, transfer or sub-contract any or all of the duties, obligations and benefits to a third party, at our sole discretion.  You may not assign, transfer, sub contract or in any way transfer over any of Your rights or obligations under the Agreement to any third party without Our written consent. If You are a company You have to inform Us of any changes in the control of Your company and We reserve the right to terminate the Agreement in such circumstances and the provisions of clause 4.2 will apply.

4.2       In the event You do assign this Agreement to a third party without Our consent or there is a charge in control of Your Company (if applicable) We can terminate the Agreement without being liable for any loss whatsoever incurred by You in respect of such termination.

5.         Performance and Liability

5.1.      We shall not be liable for any delay or failure in the performance of Our obligations under this Agreement where such delay or failure arises from any cause not within Our control, including, without limitation, any Act of God, war, strikes, riots, lock outs, labor disputes, fire, flood, tempests, delay in delivery of materials and action by any Government.  In the event of delay in performance arising from such cause, the period for performance under the Agreement shall be extended accordingly.

5.2.      We shall not in any circumstances, notwithstanding anything to the contrary contained in the Agreement, be under any liability for any direct, indirect, or consequential loss or damage, howsoever caused (other than death or personal injury resulting from Our negligence) suffered by You as a result of anything done or omitted to be done by Us in connection with the Agreement.

5.3       Our liability of to You for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the Price of the Services.

5.4       Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into this Agreement by statute, common law, or otherwise and any liabilities arising there from, and hereby expressly excluded to the extent permitted by law.

5.5       We do not represent that the information contained in the Website or in any communication from Us including but not limited to telephone conversations, emails and letters, is accurate, verified, current, comprehensive or complete.  They could contain inaccuracies, typographical, human and/or machine errors or omissions.  We will not be liable in any circumstances for any direct, indirect or consequential or special damages arising from information on the Website or provisions of Services by Us.

5.6       We shall provide the tools to carry out the Services however any materials or equipment shall be supplied by You.

6.         Privacy policy

6.1       We take Your privacy seriously and will use Our reasonable endeavors to safeguard the personal information You supply to Us.

6.2       We will use your personal data for the purpose's in relation to which You have provided it.  We may however need to disclose personal data to a third party so that they can provide the service You have requested or to monitor the quality of the service You receive.

6.3       Except as described above and below or required by law or permitted under the Data Protection Act 1998, We will not disclose Your personal information to any third parties without Your prior consent.

7.          Warranty

For a period up to one month from the date of completing the Services, if requested by You, We shall repair or replace free of charge the labor for any defective Services provided by Us subject to Us agreeing (at Our sole discretion) that the Services provided were defective.  We assume no liability for the suitability of the purpose or maintenance of the equipment/materials or any alteration of the equipment provided by You.  We assume no further liability for maintenance or the suitability of the equipment and/or materials supplied by You beyond that contained in this paragraph.

8.         Right to Cancel and Complaints Procedure

8.1       You have the right to cancel the Agreement after it has been entered into within 7 working days after the notice of confirmation in accordance with clause 1.3 has been provided by Us to You and provided the request for the provision of Services is at least 7 working days from being provided from the date of such notice.  If We have started to provide the Services or complete the provision of the Services before the 7 day cancellation period then You will no longer be able to cancel the Agreement.

8.2       We may cancel this Agreement at any time before the Services are provided by giving You written notice.  On giving such notice We shall refund within 7 days of such notice any sums paid by You (if any) in respect of the Price.  We shall not be liable for any loss howsoever arising from such cancellation.

8.3       If You have a right to cancel then:
            8.3.1    You will need to send a notice in writing to Us stating that You wish to cancel the Agreement between Us and You; and
            8.3.2    You will need to send Us the notice of cancellation within 7 working days, with the 7 day period starting with the day after You receive confirmation from Us under clause 1.3 there is a pending Agreement between You and Us. 
            8.3.3    You can send Us the notice of cancellation by email to the email address as detailed on the Website or by post to the address detailed in these Conditions marked for the attention of a Director.
            8.3.4    after We receive Your notice of cancellation We will refund any money that You will have paid within 7 days.

8.4       We at Our sole discretion may accept a cancellation from You up until 48 hours before the Services are to be provided and We agree We shall refund any sums payable by You (if any) in respect of the Price.  However, if You wish to cancel the Agreement after the timescale in this clause 8.4, then We at Our sole discretion may agree to credit You with a Price (less the reasonable costs incurred by Us) to charge towards the Services obtained by You from us in the future, for the avoidance of doubt We will not refund any monies to You if You cancel the Agreement less than 48 hours before the date the Services are to be provided.

8.5       If You have any complaints about the Services provided you should write to Us by email or post within one month from the date the Services have been completed.  You should mark such notice for the attention of a Director.  We shall then investigate the complaint and may require to view the Services provided by Us and if the Services are deemed by Us to be defective. We shall rectify any defective Services under Our warranty in clause 7 above.   In any event, We will respond to You within 10 working days of receipt of your notice under this clause 8.5.

9.          Validity

If any term or provision of the Agreement shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law that term of provision or part shall to the extent be deemed not to form part of the Agreement and the enforceability of the remainder of the Agreement shall not be affected.

10.         Third Party Rights

For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of these Conditions these Conditions are not intended to, and do not give any person who is not party to it right to enforce any of its provisions.

11.         Governing Law

The Agreement shall be governed by and construed in accordance with the Laws of the USA and all parties accept the exclusive jurisdictions of the Courts of the United States.

 

12.          Notices

Any notice under or in connection with this Agreement shall be in writing and shall be served by first class post, or recorded delivery or email at or to Your address as notified to Us requesting the Services and Our address shall be the registered office address as detailed under the Conditions.  Your email address shall be the address provided when requesting the Services and Our email address shall be the email address as detailed on the Website.  

            In absence of evidence of early receipt any notice shall be deemed to be duly served:

            (a)        if delivered by post or recorded delivery within 3 days after posting and;

            (b)        if sent by email, when received.