Website terms of use

Introduction

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our websites pgs-services.co.uk, pgs-online.co.uk &pgs-plumbers.co.uk (our sites), whether as a guest or a registered user. Use of our sites includes accessing, browsing, registering to use our site and use of any availability check, contact and booking forms .

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our sites, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

Our Data Privacy Notice, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Our Cookie Policy, which sets out information about the cookies on our site.

Our Acceptable Use Policy which supplements this Terms of Use Policy

If you purchase services, our Terms of Service will apply to the sales.

Information about us

Pgs-services.co.uk is a site operated by PGS Services Limited ("We"). We are registered in England and Wales under company number 5409098 and have our registered office at Unit 107, 61 Victoria Road, Surbiton KT6 4JX. Our VAT number is 864032928.

Changes to these terms

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at admin@pgs-online.co.uk.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our site; or

use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods or services by use to you, which will be set out in our service terms.

Rights you licence

When you upload or post content to our site, you grant the following licenses:

A worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the services provided by our site and across different media and to promote the site or services; and

A worldwide, non-exclusive, royalty-free, transferable licence to allow third parties to use the content for their purposes.

We will only ever use your materials to carry out your instructions to us � unless, very exceptionally, a court or other regulator orders us to disclose them.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our site other than that set out above, please contact admin@pgs-online.co.uk.

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Contact us

To contact us, please email admin@pgs-online.co.uk.

Thank you for visiting our site.

Data privacy notice (GDPR compliant)

Introduction

PGS Services Limited ("We") are committed to protecting and respecting your privacy. This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

The rules on processing of personal data are set out in the General Data Protection Regulation (the "GDPR").

1. Definitions

Data controller - A controller determines the purposes and means of processing personal data.

Data processor - A processor is responsible for processing personal data on behalf of a controller.

Data subject - Natural person

Categories of data: Personal data and special categories of personal data

Personal data - The GDPR applies to 'personal data' meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier (as explained in Article 6 of GDPR). For example name, passport number, home address or private email address. Online identifiers include IP addresses and cookies.

Special categories personal data - The GDPR refers to sensitive personal data as 'special categories of personal data' (as explained in Article 9 of GDPR). The special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual. Other examples include racial and ethnic origin, sexual orientation, health data, trade union membership, political opinions, religious or philosophical beliefs.

Processing - means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Third party - means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

2. Who are we?

PGS Services Limited is the data controller. This means we decide how your personal data is processed and for what purposes. Our contact details are: Address: Unit 107, 61 Victoria Road, Surbiton, Surrey KT6 4JX Email: admin@pgs-online.co.uk Phone: 0203 674 1686. For all data matters contact us on admin@pgs-online.co.uk.

3. The purpose of processing your personal data

We use your personal data for the following purposes:

create database records on our system (customer file, property file, job file, invoices) so we can administer the requested service.

share job and contact details with the trade partners so they can attend to the job and communicate with customers

communicate with customers about service related matters

request payments via email, generate and send invoices, generate and send invoice reminders

send service reminders (i.e. annual boiler service reminder)

4. The categories of personal data concerned

With reference to the categories of personal data described in the definitions section, we process the following categories of your personal data:

Identity data Name Address

Contact data Email address Phone number

Transaction data details about payments made by you to us and the services provided details about payments made by us to you in the event of refund or other payment

Financial data in the event of refunds or other payments by us to you we may request your bank account number and sort code

Profile data your username and password for gaining access to the customer portal we provide your preferences in relation to communication with you your login and usage activity your feedback data if you provide feedback

Usage data information about how you use our service and your purchase history

Technical data Internet protocol (IP) address used to connect your computer to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.

Marketing data your preferences in receiving marketing communications from us and third parties

We have obtained your personal data from information that you provide to us on the telephone, via email, through forms on our website and through the web chat tool on our website. We may obtain your personal data when it is passed to us by a third party whom you may contact in relation to your request for provision of a service (i.e you may contact a boiler manufacturer about installation of their product and they then pass your details on to us). We also obtain anonymised technical data from third parties such as Google adwords and Google analytics.

6. Sharing your personal data

Your personal data will be treated as strictly confidential, and will be shared only with:

PGS office staff (employed, freelance or worker) - as is necessary to communicate with customers and administrate jobs.

Registered PGS trade partners - view only access only to those job files to which they have been assigned to carry out the work.

Payment processing gateway (SagePay at time of writing) - during the payment process the customer's name, billing address and email address is passed to the gateway to be used to process card payments. Customers enter card details directly with the gateway, card details are secured by the gateway itself and are not available to PGS staff.

Suppliers - occasionally it will be necessary to arrange for a third party supplier to deliver materials directly to a customer address or to carry out services at a customer address.

HM Courts and Tribunal Service - in the event of non payment of an invoice we will initiate an online money claim using the customer's name and address.

Gas Safe Register and other regulatory bodies - on completion of certain types of work we are required to submit a notification to a regulator or governing organisation. Such submissions may include personal data including name, address, telephone number and email address, as well as details of work carried out.

Parts manufacturers - in order to register warranties or carry out assessments it may be necessary to share personal data with parts manufacturers which may include name, address, telephone number and email address.

We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

Analytics and search engine providers that assist us in the improvement and optimisation of our site.

If PGS Services Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

7. How long do we keep your personal data?

We keep your personal data for no longer than reasonably necessary for a period of 8 years from the date of the last job we carried out or from the date of the last invoice generated (whichever is the later) in case of any legal issues arising from work carried out and for financial record keeping purposes. We also retain job information for customers because they require information for reasons such as to satisfy a request from a property purchasing party or for a warranty claim.

8. Providing us with your personal data

You are under no statutory or contractual requirement or obligation to provide us with the personal data that we usually request but failure to do so will likely result in us being unable to carry out any services or enter into an agreement to carry out any services.

9. Your rights and your personal data

Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:

The right to request a copy of the personal data which we hold about you;

The right to request that we correct any personal data if it is found to be inaccurate or out of date;

The right to request your personal data is erased where it is no longer necessary to retain such data;

The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), (where applicable i.e. where the processing is based on consent or is necessary for the performance of a contract with the data subject and where the data controller processes the data by automated means);

The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;

The right to object to the processing of personal data, (where applicable i.e. where processing is based on legitimate interests (or the performance of a task in the public interest/exercise of official authority); direct marketing and processing for the purposes of scientific/historical research and statistics).

10. Transfer of Data Abroad

The data that we collect from you may be electronically transferred to, and electronically stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of the services we provide to you, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

11. Automated Decision Making

We use automation for many of our financial and accounting processes including invoicing and payment reminders which invoices automated changes to our database records and the sending of emails. We have automated systems that generate invoices, sort batches, apply payments and send out invoices and reminder letters. Decisions of serious consequence (i.e. proceeding to a court claim over an unpaid amount) are always taken by a human. We are happy to discuss our use of automation with customers and exclude them if requested and deemed necessary.

12. Further processing

If we wish to use your personal data for a new purpose, not covered by this Data Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions.

13. Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

14. How to make a complaint

To exercise all relevant rights, queries or complaints please in the first instance contact us. Unit 107, 61 Victoria Road, Surbiton, Surrey KT6 4JX Email: admin@pgs-online.co.uk Phone: 0203 674 1686.

If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England.

Service Terms

1 DEFINITIONS

(1) "Customer” means the person and/or organisation who purchases Services and Products from the Supplier;

(2) "Consumer" shall have the meaning ascribed in Section 12 of the Unfair Contract Terms Act 1977;

(3) "Contract" means the contract between the Supplier and the Customer for the sale of Products and provision of Services incorporating these Terms and Conditions;

(4) “Products” and/or “Materials” means the products/articles which the Customer agrees to buy from the Supplier as specified in the Proposal and which may be used by the Supplier to deliver the Services.

(5) “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, any contact or database rights, know-how, confidential information or process, any application for any of the above, and any other intellectual property rights recognised in any part of the world, whether or not presently existing or applied for, which are held by the owning party;

(6) “Proposal" means the Job Sheet, Quote or Estimate document or such document which describes the Services and Products to be provided by the Supplier.

(7) "Services" means the building services that the Customer agrees to buy from the Supplier, as specified in the Proposal.

(8) "Supplier" means PGS Services Ltd, a company registered in England and Wales (company number 5409098) whose registered office is at PGS Services Ltd, Unit 107, 61 Victoria Road, Surbiton KT6 4JX, email info@pgs-services.co.uk. VAT Registration Number 864032928.

(9) "Terms and Conditions" means these Terms and Conditions, but will also include any special terms and conditions agreed in writing by the Supplier.

(10) “Working days” means any day Monday to Friday from 9am to 5pm, excluding all public and bank holidays in England and Wales.

2 CONDITIONS

(1) These Terms and Conditions apply to all contracts for the sale and provision of Products/Materials and Services by the Supplier to the Customer and will prevail over any other agreement, documentation or communication whatsoever between the parties.

(

2) Nothing in these Terms and Conditions is intended to affect a Customer’s statutory rights as a Consumer.

(3) These Terms and Conditions can only be varied if agreed between the parties in writing.

(4) Any special conditions which apply will be set out in the Proposal.

(5) Any complaints by the Customer must be in writing to the Supplier’s Trading address stated in Clause 1(8).

(6) The Customer is not entitled to withhold any payment of the price, or part thereof, from the Supplier. Any complaints or queries by the Customer, including any snagging lists, must be in writing to the Supplier’s address stated in the Proposal.

3 THE PRODUCTS/MATERIALS AND SERVICES

(1) Details of the Products/Materials and Services which the Supplier will supply to the Customer are contained within the Proposal supplied to the Customer. Only those Products/Materials and Services as detailed in the Proposal are included. Quotes will be valid for a period of 21 days. Any samples, drawings, specification, product details in any format or any form of advertising material are shown by the Supplier to provide some indication of the Products/Materials and/or Services and are not part of any agreement unless specifically stated within the Proposal.

(2) The price in the Proposal relates to the Products/Materials and/or Services as detailed in the Proposal. However, the Supplier reserves the right to conduct a further survey and revise the price prior to work commencing and will provide the Customer with an Amended Proposal. Where this occurs the Customer is entitled to cancel the work within 8 days of the Amended Proposal and receive a full refund on any deposits paid.

(3) For non fixed price work, such as investigatory or emergency work the Supplier may be unable to provide a fixed price on the Proposal and charge for Services in half hourly increments at the rates provided at the time of booking. There is a minimum charge of one hour's labour.

(4) The charges for some services may be referred to as estimates. This means that the Supplier has estimated the charges for the work but is unable to provide a fixed price because of the nature of the work. For example some work, such as bathroom installations, requires that the Supplier removes items before the Supplier can properly examine the area. Estimates are based on the likely charges but once the Supplier has started the work the Supplier will provide the Customer with details of any additional charges.

(5) Where the Customer requests any additional Services and/or Products/Materials to be supplied or, due to unforeseen circumstances (such as the condition of the existing building or unforeseen obstructions) any additional Services and/or Products/Materials are to be supplied, then these will be put in writing by the Supplier and must be agreed by the Customer before the additional Services and/or Products/Materials can be supplied.

(6) Because the Supplier values health and safety and to comply with the Supplier’s obligations (such as Gas Safe Register) the Supplier may have to assess the risk in the work that is to be undertaken before that work is started. The Supplier will assess the existing products, materials, equipment and installation together with the working area, assess any risk and advise the Customer where there is anything unsatisfactory, unsafe or which poses a risk. This may include issuing the Customer with formal Warning Notices, for example, as per the Gas Safe Register requirements or a Notice of Consequential loss where the Supplier believes that damage may be caused to the Supplier’s property. The Customer should contact the Supplier for any further assistance in this regard.

(7) When the Customer places an Order with the Supplier (“the Order”) they will be deemed to have accepted the Proposal and these Terms and Conditions.

(8) An agreement between the Supplier and the Customer, incorporating these Terms and Conditions, shall only come into force when the Supplier confirms an Order to the Customer. Prior to any confirmation, the Supplier has the right to refuse any Order.

4 PRICE AND PAYMENT

(1) The Price of the Products/Materials and Services is exclusive of VAT and as shown on the Proposal. Any additional Products/Materials or Services to be supplied will be agreed in writing between the Customer and the Supplier and will be subject to additional charges. Unless agreed otherwise in writing, charges are pre-paid and non-refundable.

(2) Payment must be made in accordance with the Proposal.

(3) Where payment or any part payment is overdue (such as if there are problems with the payment method, or payment does not clear for any reason, or is not made on time), then the Supplier will immediately cease or suspend the provision of any Products/Materials and/or Services until full cleared payment is received by the Supplier.

(4) The Supplier will charge interest on overdue payment at the rate of 10% per annum and is also entitled to recover all reasonable expenses incurred in obtaining payment from the Customer, where any payment or part payment due to the Supplier is late.

(5) No registrations, certificates, warranties or similar documentation will be issued or provided until the Supplier has received full cleared payment for all work connected with the Proposal to which the document relates.

5 CUSTOMER’S OBLIGATIONS

(1) Unless expressly agreed otherwise in the Proposal, to enable the Supplier to supply and complete the Services, the Customer will at all times:

(a) provide access for the duration that the Supplier requires to enable the Services to be provided and for any subsequent Quality Control or inspection. This includes vehicle access and parking (by providing parking permits or to cover pay & display expenses)

(b) provide electricity, water and toilet facilities

(c) where applicable, will ensure that the area is clear, free of furniture and the Customer’s other items and that the area is prepared in accordance with the Proposal;

(d) ensure there is adequate ventilation available; and

(e) co-operate with and comply with all reasonable requests from the Supplier within a reasonable time of such a request from the Supplier.

(f) comply with all applicable statutes and statutory regulations

(g) ensure and agree that any information, materials or documents or anything passed to the Supplier have been checked by the Customer as being accurate, suitable for the use the Customer requires, and does not breach any health and safety legislation or the rights of any third party, whatsoever in nature, is not contrary to any law, functions satisfactorily and will be provided by the Customer in the format the Supplier specifies.

(h) inform the Supplier where they know or have any suspicion that there

(i) is asbestos or any other hazardous substance in the area where Services are to be supplied

(ii) is a water softener fitted

(iii) are issues relating to low pressure of water or gas

(i) comply with the Proposal and all and any special terms contained within that Proposal.

(j) be available as Services are concluded to enable the Supplier to provide any information and advice as to maintenance and use (controls etc) etc. Unless agreed on the Proposal, additional visits are subject to the Supplier’s usual additional charges for such visits.

(2) Prior to the Services starting the Customer will obtain all approvals, licences and permissions and authority to enable the Supplier to carry out the Services and where required will provide evidence of such to the Supplier. Unless specified within the Proposal, the costs of meeting this obligation will be the responsibility of and paid directly by the Customer. However, by placing an Order the Customer undertakes that they have the express authority of any owners, and those with any other interest or rights, of the premises where the Services are to be performed.

(3) Where the Customer has supplied any measurements, then their accuracy remains the sole responsibility of the Customer and the Customer will be solely responsible for any expenses incurred because of any inaccuracy or problems arising because of the measurements.

(4) Other than specifically provided for within the Proposal, the Customer will be solely responsible for any replacing of items removed to enable the Services to be supplied and any redecoration required after the Services have been supplied.

(5) The Customer will take all reasonable steps to ensure that the Supplier’s equipment is not damaged or lost whilst on the premises where the Services are supplied.

(6) Where the Customer fails to take such precautions and care, as advised by the Supplier above in clause 5(5), the Supplier will regard this as a breach of the Customer’s obligations which is not capable of remedy and will be entitled to terminate the Agreement immediately. The Customer will be responsible for all and any damages or losses incurred because of the Customer’s failure to take such action, precautions and care.

(7) Unless it has been specifically agreed by the Supplier to the contrary, the Customer is responsible for ensuring that, for the duration of the supply of the Services and until completion, neither the Customer nor any third party visits the area where the Services are being supplied unless accompanied by the Supplier or the Supplier’s authorised representative and shall wear any appropriate personal protective equipment advised by the Supplier.

(8) The Customer shall be solely liable for any expenses incurred by the Supplier as a result of the Customer’s failure to comply with their obligations within the Proposal and these Terms and Conditions.

(9) The Customer shall inspect the Products on delivery and inspect the Services, as applicable, once a day for the duration of the Services and a final inspection within 3 days of completion and shall notify the Supplier of any damaged, missing or defective Products or Services within 3 days from the date of delivery of Products or supply of Services.

6 SUPPLIER’S OBLIGATIONS

(1) The Supplier will supply Products/Materials and Services in accordance with the description of such Products/Materials and Services contained within the Proposal. Time limits provided are estimates only. However, whilst the Supplier will use its reasonable endeavours to supply the Services the Supplier shall not be responsible for any late arrival, failure to provide or any unavailability.

(2) The Supplier will perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards, current trade guidance and in compliance with relevant applicable health and safety regulations. The Supplier also warrants that any Products they supply will comply with any description the Supplier provides.

(3) The Supplier makes no warranty against electronic virus, worms or any other fault or defect or problems which may occur or as a result thereof, including data, materials, documents or any e-mail the Supplier sends.

(4) The Supplier is entitled to appoint a sub-contractor and will supply details of such sub-contractor following a written request from the Customer.

(5) The Supplier will obtain the approvals, licences and permissions as detailed in the Proposal to carry out the Services. Where relevant, the Supplier will also make the required arrangements for relevant inspection as detailed in the Proposal.

(6) The Supplier will only be responsible for waste management, disposal and recycling as detailed in the Proposal. Removal of any additional waste will be at extra cost.

(7) The Supplier will, as applicable, take reasonable steps to:

(a) match any finish with existing materials;

(b) protect furniture, floor coverings and the Customer’s items;

(c) maintain security in the Customer’s premises;

(d) reduce the expansion of external items such as windows, doors and gates;

(e) take care of any key or any other method of entry (including codes, badges, letters of authority, etc.), but this is not guaranteed and the Supplier is not liable in this regard.

(8) If the Supplier connects new products to an existing pipes and/or system, the Supplier will not accept liability for the costs of repairing or replacing parts of the existing pipes and/or system which subsequently develop faults. Nor will the Supplier accept any liability where the Customer’s pipes and/or system do not function properly because the Customer’s gas or water supply becomes inadequate or the water pressure is variable, unless the Supplier has been wholly negligent in the way the Supplier carried out the work.

(9) The Supplier will advise the Customer, as relevant, as to what action, precautions and care must be taken in respect of any gases, oxidizing, corrosive, toxic, explosive, flammable, dangerous, harmful, hazardous noxious or poisonous substances that the Supplier may use to provide the Services.

(10) Except as expressly stated in these Terms and Conditions and Agreement or those statutory warranties which apply to consumers, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the Products and Services to be provided by the Supplier.

(11) The Supplier or where applicable its subcontractors shall hold valid and current employer and public liability insurance policies.

7 RESPONSIBILITY AND USE

(1) The Customer agrees to be responsible for the use of any Products and/or Services supplied and to use the Products and/or Services legally and only for the purposes for which such Products and/or Services are intended to be used and at all times in accordance with any applicable Intellectual Property Rights, manufacturer’s instructions, advice, suggestion, guidance, licence and information. This includes ensuring that the Customer reads all the information and guidance supplied by the manufacturer, undertakes any required precautions and/or tests before use and fully understands what the Products contain and Services comprise of. Where the Customer fails to take such care and precautions advised by the Supplier, then the Customer will be responsible for all and any damages or losses incurred because of the Customer's failure to take such action, precautions and care.

(2) Furthermore, the Customer agrees that they:

(a) are always responsible for their use of Products and/or Services;

(b) will not misuse any Products and/or Services supplied and will abide by any laws applicable to any Products and/or Services supplied.

(3) It is the Customer’s responsibility to ensure that the Products and/or Services are suitable for the Customer’s own use.

(4) The Customer specifically accepts that the effectiveness of any Products and/or Services will also be dependent on correct and effective use, storage, inspection and periodic routine maintenance.

(5) The Customer specifically agrees that the Supplier has no liability and furthermore that the Customer will indemnify the Supplier for any losses or expenses incurred whatsoever, resulting from any breach of this Clause.

8 PROPERTY AND RISK

(1) The Supplier retains the title in any Products, materials or results of Services until the Customer has made full and cleared payment and the Customer may not place any lien or other chargeable interest on any Products or any of the Supplier’s equipment at any time

(2) The risk in any Products, materials or results of Services will pass from the Supplier to the Customer when they leave the Supplier’s premises, or when they are delivered to the Customer if the Supplier is delivering them to the Customer.

(3) The Customer must store any Products or results of Services carefully, safely and separately from any items which belong to the Customer or any third party.

(4) Both the Supplier and the Customer must hold current, valid, applicable and adequate insurance in respect of any Products, materials or results of Services which are within their care.

9 SPECIAL CONDITIONS

In view of the variety of work that the Supplier does, the Supplier has special conditions which relate to particular work. These Special Conditions are attached at Schedule 1.

10 GUARANTEE

(1) Extended guarantees and PGS expertCare are subject to separate Terms and Conditions and subject to conditions contained within those Terms and Conditions, such as an annual boiler service by the Supplier and ensuring satisfactory water cleanliness.

(2) In addition to any applicable Consumer’s and/or statutory rights, the Customer is entitled to the benefit of any manufacturer’s warranty in relation to parts supplied and any other guarantee specified on the Proposal in relation to products and/or Services. Most Services are guaranteed to be free from defects in workmanship for a period of 100 days from the date that they Services were supplied provided that the Supplier’s recommendations have been followed by the Customer. For example, as applicable, where the Customer insists on a “temporary fix” or does not have necessary accompanying work such as a powerflush, work and materials will not be subject to any guarantee. At the Supplier’s discretion guaranteed Products or work will be repaired or replaced.

(3) If the Products or Services do not comply with the Proposal or are faulty, then the Customer should notify the Supplier in writing by email or to the Trading address in clause 1(8) within 14 days of such non-compliance or fault. The Supplier will advise the Customer of the next course of action and will, at their sole discretion:-

(a) for Products – provide the Customer with replacement Products, or where a replacement is not available, with a refund. The Supplier will provide replacements which they deem equal to value, quality and performance as the products which are being replaced.

(b) for Services – rectify the problem or provide the Customer with a refund.

However, if the Customer has failed to notify the Supplier of the defect in accordance with clause 10(4) or not paid in full for the Products and/or Services, or the Customer has not complied with their obligations, then the Supplier is under no obligation to rectify any defect in respect of this Clause and the Customer is liable for charges connected with any visit or repair. The Supplier will not be liable for any third party charges unless expressly authorised by the Supplier in writing.

(4) The Customer must adhere to the terms specified in any warranty or guarantee and this entire Clause will not apply if a fault arises due to:

(a) abnormal use or working conditions, failure to follow instructions, misuse, alteration or unauthorised repair, wilful damage, improper or irregular maintenance or negligence on the part of the Customer or a third party; or

(b) any subsequent mechanical, chemical, electrolytic or other damage after risk has passed to the Customer, which is not due to a defect in the Services and/or Products.

11 CANCELLATIONS AND TERMINATION

(1) Consumers (but not business customers) have cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000, in relations to certain agreements. If a Customer to whom these rights apply wishes to cancel Services and products which have been ordered in a Proposal then they must contact the Supplier in writing by email or to the Trading address in clause 1(8) within 8 days of the date of the Proposal. However, where the Customer has already agreed that the Supplier can start to supply Services or obtain Products then the Customer waives any cancellation or refund rights under legislation.

(2) If one party commits a material breach of these Terms and Conditions and Agreement between them and either:

(a) the breach is not capable of being remedied, or;

(b) where it is capable of being remedied, the breach has not been remedied within 30 days of written notice of the breach by the party who has not committed the breach, then the party who has not committed the breach may terminate the Agreement between them forthwith by written notice to the other party.

(3) Other than as provided for elsewhere in these Terms and Conditions, Proposal or in this Clause, either party may terminate the Agreement between them (as regards some or all of the Services) at any time for any reason, by giving to the other 14 days’ written notice. Any payment which is due for Products and Services supplied up to the date of termination remains payable. Any payment already made for Products and Services supplied up to the date of termination is non-refundable.

(4) Any Agreement will automatically terminate if either party, as applicable, passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction) or a court of competent jurisdiction makes an order to that effect, ceases to carry on its business or substantially the whole of its business, or is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

12 LIMITATION OF LIABILITY

(1) Nothing in these Terms and Conditions shall exclude or limit the Supplier’s liability for death or personal injury resulting from the negligence of the Supplier or their employees or agents.

(2) The Supplier shall never be liable for any indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or business whatsoever suffered by the Customer or any third party howsoever caused, including as a result of any negligence, breach of contract, misrepresentation or otherwise.

(3) Time limits provided are estimates only and time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.

(4) Other than those implied by law where the Customer is dealing as a Consumer, in the event of the Supplier breaching any of these Terms and Conditions, the Customer’s remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Products and/or Services.

13 INDEMNITY

The Customer will indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise, directly or indirectly, from the Customer’s breach of any of its obligations under these Terms and Conditions and Agreement, including any claims brought against the Supplier alleging that any Products and/or Services manufactured/designed according to the Customer’s specification and provided by the Supplier in accordance with the Proposal infringes any rights whatsoever of any third party.

14 FORCE MAJEURE

The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control including, but not limited to, acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.

15 NOTICES

(1) Any Notices or either party must be sent by e-mail, or to the address which appears on the Proposal.

(2) Unless the contrary is proved, Notices sent by e-mail will be deemed to be received on the day on which they were sent.

(3) Notices being served by post must be served using Royal Mail Special Delivery or other guarantee services and will be deemed to have been received on the date that Royal Mail obtains a record of receipt from or on behalf of the addressee.

16 GENERAL

(1) Nothing in these Terms and Conditions and no express or implied waiver by the Supplier in enforcing any of its rights under any contract shall prejudice its rights to do so in the future.

(2) Each clause or any part at all of these Terms and Conditions and Agreement is to be regarded as independent of the others. This means that should any clause or any part at all of these Terms and Conditions and Agreement be found to be unenforceable or invalid, it will be severed and will not affect the enforceability or validity of the rest of these Terms and Conditions.

(3) Save as expressly provided in these terms neither party may, without the prior written consent of the other, assign, transfer, charge, license or otherwise dispose of any rights or obligations under the Agreement.

(4) These Terms and Conditions and Agreement shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

SCHEDULE 1 - SPECIAL CONDITIONS

In view of the variety of work that the Supplier does, the Supplier has special conditions which relate to particular work. These Special Conditions are as follows:

(1) Appointment booking process Special Conditions

(a) For hourly rate and fixed price short duration work Customers book appointments on an am (8am to 1pm) or pm (midday to 5pm) basis. The Supplier will call ahead to the Customer, or third party representative, to confirm they are present and able to grant access. The Supplier may decline to attend an appointment without this confirmation in place.(b) Specific first appointments (Operatives arrive between 8am and 9am) can sometimes be allocated on a discretionary basis, but timing cannot be guaranteed. If a Customer is ultimately scheduled as a first appointment, The Supplier will endeavour to let them know the day before.

(c) For Customers who wish to cancel or postpone an appointment where work has been agreed either at a fixed price or in accordance with an hourly rate, the following will apply:-

(i) Providing that the Customer telephones the Supplier on 0800 043 5911 (or other applicable phone number) before 5pm, on or before the previous working day to the scheduled appointment, then no labour charges will apply.

(ii) If the Customer cancels or postpones after this time, or is not able to grant access to the Supplier’s Operative (if they attend within the agreed time frames) then an administration charge up to the equivalent of 60 minutes labour at the prevailing rate will be applied.

(d) The Supplier may need to postpone a booked appointment due to reasons beyond its control. In these instances it will re-schedule the appointment as soon as conveniently possible for both parties.

(2) Initial Visits

(a) The Supplier’s initial visit is designed to investigate, advise and usually apply the first treatment. At that point the Supplier’s Operative can also usually quote for a suitable treatment plan should any further work be required.

(b) On the first visit the Supplier may need to agree further charges for that day, should the Customer wish to proceed with quoted works (e.g. if they want a whole house sprayed for bedbugs etc.).

(3) Repairs

When repairing appliances and systems there is often a process of sequential diagnosis. Part/s may need to be replaced before the appliances or systems can be effectively tested for other faults. As works progress Customers may wish to request that the Supplier provides a quote for replacing/upgrading appliances or systems. This request must be submitted in writing. The Supplier is willing to survey and quote for this work, where feasibly possible. The Supplier cannot be held responsible for costs of repair work incurred in advance of the Customer's decision to replace/upgrade an appliance or system.

(4) Materials/Products

(a) The Supplier’s Operative carry some van stock, but the Supplier cannot guarantee they will be carrying specific part/s required unless a Customer provides comprehensive details and pays a deposit in advance either for an hour’s labour or for an agreed collection charge and the cost of the parts in full. In this instance part details and initial fault diagnosis are the Customer’s liability.

(b) Should the Supplier be unable to fit Customer supplied or Customer recommended parts, or the Customer refuses to have parts supplied by the Supplier (previously accepted as required) fitted, the return of parts carries a re-stocking charge of up to 30%, providing the parts can be returned without penalty to the parts supplier, otherwise up to 100% of the charges may be retained.

(c) The Supplier charges labour time (capped at 1 hour) to collect parts. If the Supplier’s operative needs to leave site to collect parts the Customer must pay a deposit for the labour up until that point (minimum 1 hour) and the full price of parts.

(d) If the location of the parts is such that it would likely take the Supplier more than a 60 minute round trip to collect parts, but the Customer still wishes the Supplier to collect parts straight away, then additional travel time may apply.

(5) Plumbing & Heating Special Conditions

(a) Gas Pressure

In the unlikely event of issues relating to the gas pressure or the water pressure arise, the Supplier cannot be held responsible and additional charges may apply. Please note the Supplier cannot register the Customer’s boiler with the manufacturer or the Gas Safe Register unless the Supplier’s final tests show the required gas pressures are in place. Working gas pressures are rarely tested at the point of the Supplier’s initial survey because if upon inspection an appliance in the property needs to be isolated or capped, it is unlikely that the Supplier will be in a position to diagnose and carry out any urgent remedial work, which the Supplier’s engineers who are carrying out the installation may be better placed to carry out during the Customer’s installation.

(b) Powerflush advice

(i) It is not possible to inspect a system internally before commencement of work, and the need to use a flushing and dispersing chemical for effective cleansing means that occasionally the Supplier may find leaks which have been neglected over a period of time, or the system has not been treated with an effective corrosion inhibitor and/or may have severely compacted corrosion debris in the pipe work or radiators. It is possible that even after the powerflush, some radiators may still not be fully effective and radiators and/or pipework may still contain blockages. (ii) During the powerflush procedure radiators are individually flushed without removal or disconnection from the system. Radiator valves will have to be turned on and off a number of times to isolate each radiator. Radiator valves, particularly those that have not been used for long periods of time, may leak or snap when turned. (iii) Whilst it is rare for a heating system to experience any of these issues after the powerflushing process it is better that they occur whilst the Supplier is present to remedy any problems. (iv) By proceeding with the installation as described in this document the Customer agrees not to hold the Supplier liable if any of these problems occur and the Customer accepts that in some instances there may be additional costs to repair or replace pipework, radiators and valves that were not previously known to be faulty and therefore not included in any fixed price quote.

(c) Hot water cylinders

When attempting to replace a faulty immersion element in a hot water cylinder, some elements can be stuck fast and require excessive force to remove, sometimes resulting in a damaged or split cylinder, causing the cylinder to require replacement. The Supplier cannot be held liable for this consequential damage and the charges up to that point for parts and labour will stand, even if the cylinder needs to be replaced.

(d) Drains

Due to the nature of the work all drainage work is not guaranteed

(e) PGS 10 year boiler guaranteeWhere available, the extended guarantee will be offered in the Proposal and to receive the full benefits of the extended guarantee the following Terms and Conditions must be adhered to or any claim may be rejected.

(i) This guarantee cannot be used in conjunction with any other offer or promotion from the Supplier, whose decision regarding guarantee claims is final. The Supplier’s extended guarantee is not an insurance backed product and will cease if the Supplier ceases to trade (see clause 12(4) of the Terms and Conditions).

(ii) The extended guarantee applies to the boiler components only, it does not apply to other system components e.g. thermostats, time clocks, motorised valves etc. The guarantee applies to the boiler at the installation address and is not transferable with a change of the homeowner.

(iii) For the purpose of the extended guarantee the Supplier must fit a magnetic filtration unit at the time of installation, unless it is not reasonably feasible to do so. The magnetic filter must be present and maintained throughout the guarantee period.

(iv) The Benchmark log book must be completed by the Supplier at point of installation and retained on site by the owner/occupier for inspection during any engineer visit.

(v) There is no provision within the guarantee period for the Supplier to re-visit to educate the Customer with regards to the working of the appliance and associated controls. Any visits relating to this are liable to be charged at the prevailing discounted labour rate.

(f) Annual Servicing

(i) The boiler must be serviced annually by the Supplier in accordance with the manufacturer's instructions. There must be a gap of no more than 13 months between servicing of the boiler.

(ii) The Customer is responsible for the full cost of servicing which is not included in the Proposal (i.e. is not included in the price of the boiler). The costs of servicing is the price provided by the Supplier at the time of providing the service and is payable in advance by debit or credit card. Service details must be recorded in the Benchmark logbook which must be available for inspection.(iii) Whilst the Supplier will use its best endeavours to contact the Customer to arrange a service approximately 12 months after installation and each 12 months thereafter, scheduling and arranging servicing remains the Customer’s sole responsibility. (iv) Servicing will be booked and scheduled in advance (am or pm slots on a standard weekday see Clause (1) of these Special Conditions) in accordance with the Supplier’s Terms and Conditions and the Supplier’s booking system at the time the service is booked by the customer.

(v) No components require routine replacement at every service. If a component does need replacing, it will be covered by the warranty.

(vi) The Customer retains the right to have their boiler serviced annually by another Gas Safe registered company and avail of any standard manufacturer warranties (typically 5-7 years depending on the make and model of the appliance), but forego the PGS extended guarantee.

(g) Water

(i) Water quality must meet the required manufacturer standards at the time of installation and throughout the lifetime of the guarantee period.

(ii) At the time of installation the Supplier will test system water and may insist a full system powerflush is conducted before the Supplier extended guarantee can be applied. The cost of the full system powerflush is charged additionally unless expressly included in the Customer’s written quotation.

(iii) If any failure is caused by contaminated water in the system any engineer visit becomes chargeable.

(iv) Deterioration in system water due to suspected third party interference, inherent system faults or simply over time, may require system upgrades (e.g. chemicals added, corroded pipework replaced, or a full system powerflush) in order to achieve and maintain the necessary standard of system water. Any work of this nature is not included in an annual service and is chargeable. This further work can be quoted for upon request at the Supplier’s standard prevailing rates.

(h) Further works

(i) If a third company is commissioned to carry out recommended further works, the Supplier reserves the right to conduct a chargeable visit, equivalent to one hour’s labour, at the prevailing discounted labour rate for a regular customer, in order to conduct the necessary tests to confirm the system upgrade is satisfactory.

(ii) If the system is drained down by a third party in between servicing, industry approved inhibitor must be added.

(i) Failure

(i) The manufacturer must be used directly for warranty callouts for all failures throughout any initial manufacturer warranty periods, as per their terms and conditions.

(ii) All non-boiler or external system fault calls will be charged to the Customer and could also invalidate any guarantee.

(iii) For calls requested to boilers within the guarantee period a refundable deposit may be required; returned in full if the diagnosed fault is covered by the boiler guarantee.

(iv) If the appliance fails outside of the manufacturer’s warranty period and is deemed beyond economical repair, replacing the appliance is not included in the extended guarantee. A free discounted quote for a like-for-like replacement can be provided by the Supplier upon request.

(6) Pest Control Special Conditions

(a) In the case of wildlife control the Supplier’s operatives will advise on any known entry points of animals to assist the Customer with preventing repeat intrusion.

(b) Due to the nature of the work the Supplier’s pest control services can carry no guarantees. In some instances of pest control repeat visit/s may be necessary to ensure treatment is effective and to reassess or reapply measures or remove equipment and baits or poisons previously deployed. These visits are chargeable at the Supplier’s prevailing labour rates.

(c) Customers are advised not to engage with any of the Supplier’s pest control equipment, traps, or animals caught. In the case of rodent baits Customers are obliged to contact the Supplier when these are to be disposed of.

(d) The Customer is responsible for making sure all visitors or residents are aware of any traps/baits or pesticides they may come into contact with, and keeping them updated of any changes/additions to pest control measures as they occur.

(e) The Customer is to ensure the safety of any domestic animals, livestock or birds by ensuring they make no contact with pesticides or other pest control measures.

(f) To ensure the most effective pest control measures, Customers must follow advice and recommendations of the Supplier’s operative, within a reasonable time frame. Without the co-operation of residents, complete control of pest incidence cannot be ensured.

(g) Customers are obligated to grant access to the Supplier’s operatives at any reasonable time or as per any previous agreement.

(h) In the event of emergency Customer's should call 999 or the nearest poison control centre.

(7) PGS Expert Care PLUS Special Conditions

Regular Customers may be eligible to qualify for the Supplier’s Expert Care Plus scheme, offering a priority response and discounts of up to 10% on the Supplier’s standard labour charges for future new bookings.

(a) No offer (including Expert Care Plus discounts) can be used in conjunction with any other offer.

(b) Expert Care Plus discounts do not apply to; appointments outside of weekday office hours, or written quotations (unless included in writing as part of the quotation).

(c) Expert Care Plus priority emergency response is not guaranteed, only applies to visits within standard office hours and is subject to a suitable Operative being available.

(d) The Supplier reserves the right to change or withdraw the terms of any offer without notice.