Read these Conditions
Because we can accept your Order and make a legally enforceable agreement without further reference to you, it is important to you to read our Conditions carefully and to make sure that they contain everything which you want and nothing that you are not willing to agree to. If you are unsure about any of this, please phone us on 0207 1933 818 or email us at email@example.com
Think Service is responsible for all website transactions. Payments, by way of credit or debit cards are entered on a secure page and are transferred via an SSL. We use Sage Pay to collect and process transaction information
The following words have these meanings throughout the Conditions:
- Conditions – means the terms and conditions set out in this document;
- Consumer – means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract – means the legally-binding agreement between you and the Supplier for the purchase of Services which incorporates these Conditions
- Property Location – means the location where the Services are to be supplied, as set out in the Order, which must be only in England and Wales, Scotland and Northern Ireland;
- Durable Medium – paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Order – means your order for the Services from us, as set out in your Order and any Subsequent Orders
- Services the services for the provision of pest control as described in your Order;
- Subsequent Services – any further Services that you purchase from us that directly follows on from this Contract
- Supplier – the organisation supplying the Services and who will be directly responsible to you for the supply of those Services;
- we, us or our – means Think Service which is the trading name of Oliver Williamson whose trading address is Think Service, TechHub @ Campus, 4-5 Bonhill Street, EC2A 4BX London Email: firstname.lastname@example.org Tel: 0207 1933 818 who are acting as agents on behalf of the Supplier;
1 Application of these Conditions and Contract Formation
- Any estimate provided by us for the provision of Services prior to your submitting an Order is not a binding offer by Us to supply Services.
- When you place an Order to purchase Services from us, you are just making a binding offer to purchase those Services in accordance with these Conditions.
- After you have placed an Order, we can email you an acknowledgement of receipt of your Order, but this does not mean that your Order has been accepted by us.
- We can reject any Order if we wish for any reason, although we will try to tell you promptly the reason for our decision, which may be due to the lack of Suppliers, a price or description mistake, inability to obtain your payment or other genuine fair reason.
- A Contract will be formed for the Services you have ordered, only on our written acceptance of your Order or our sending an email to you saying that your Order has been accepted or, if earlier, our delivery of the Services to you.
- We must give you a copy of the signed Contract or confirmation of it with all information contained in it either on paper or another Durable Medium which is legible, within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
- No variation of the Contract, whether about description of the Services, price or otherwise, can be made afterwards unless the variation is agreed by you and us in writing.
- We intend that these Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case for you, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg giving you rights as a business.
- In making the Contract, we are acting only as agents on behalf of the Supplier of the Service, whose full details will be provided to you when we confirm your Order.
- The charges for the Services are set out on our Website and will be confirmed on your Order. This is a fixed amount based on our Supplier attending the Property Location and providing 1 hour of its Services.
- For Subsequent Services we charge on a time basis. We charge for each hour we spend providing the Subsequent Services. The following is an example of how our charging structure works: if we complete performance of the Services within 50 minutes where the charging period is 60 minutes, we will charge for the full hour. If we go into another 60 minute period, we will charge you the full 60 minutes.
- We will inform you of the applicable hourly rate for the Subsequent Service in writing. We will require your written acceptance of that rate before providing the Subsequent Service.
- You must pay for the Services at the time of submitting your Order. Payment is made using SagePay for which you can use a debit or credit card.
- Payment for Subsequent Services can be made by calling us on 0207 1933818.
- Completion of Services
- The Supplier will carry out the Services at the Property Location by the time or within the period which you and we have agreed or, failing any agreement within a reasonable time.
- In any case, regardless of events beyond our control, if we do not deliver the Services on time and we have not at our expense repeated performance of the Services in conformity with the Contract within a reasonable time and without significant inconvenience to you, you have the right to require us to reduce the price or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the price or charges. We must, without delay and in any event within 14 days starting with the day we agree the refund is due, give the refund without charge by the same means as you used to pay us.
- Our delivery of the Services might be affected by events beyond our reasonable control. In such circumstances, there might be a delay before we can recommence the Services, having made reasonable efforts to limit the effect of any of those events and having reasonably kept you advised of the circumstances, but we will attempt to recommence the Services as soon as those events have been resolved.
- These are examples of events which can be outside our reasonable control:
- weather conditions make it impossible or unsafe for us to perform the Services;
- you change the Services;
- The Supplier is unable to gain access to the Delivery Location to perform the Services at the times we have agreed with you.
- Conformity and Complaints
- The Supplier has a legal duty to supply the Services in conformity with the Contract. We/and or the Supplier will not have conformed if we have not complied with conditions 6.2 and 6.3.
- The Services will be provided with reasonable skill and care.
- In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us on the same occasion, and any change to it that has been expressly agreed between you and us (before entering this Contract or later).
- We hope that you will be fully satisfied with the Services that are provided however, if you do have any issues or complaints then please:
6.4.1 contact the Supplier directly using the information set out on the Order confirmation and follow their internal complaints procedure if the complaint is about the Service or Subsequent Service provided;
6.4.1 contact us by telephone on 0207 1933 818 or email: email@example.com if you are unhappy with any aspect of our service, or if you feel that you have followed the complaints procedure of the Supplier and are not happy with the outcome.
- Excluding liability – We do not exclude our liability for death or personal injury caused by our negligence or breach of our duties under the law, fraud or fraudulent misrepresentation. Subject to this, we are not liable for (i) any acts or omissions on behalf of the Supplier (ii) loss which was not reasonably foreseeable to both you and us at the time when the Contract was made, or (iii) loss which relates to your business, trade, craft or profession to the extent that it would not be suffered by a buyer who is a Consumer. This is because we believe that you are not buying the Services wholly or mainly for the purposes of your business, trade, craft or profession.
- Duration, termination and suspension
- The Contract continues as long as it takes for us to perform the Services and or Subsequent Services.
- By submitting an Order to us, you accept and understand that the Services provided by our Suppler may not eradicate the pest problem and that Subsequent Services may be required.
- Either you, we or the Supplier may terminate the Contract or suspend the Services and Subsequent Services at any time by a written notice of termination or suspension to the other if that other commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 14 days of the written notice.
- On termination of the Contract for any reason, any remaining rights and liabilities of you and us will not be affected.
- Successors and our sub-contractors
We can transfer the benefit of this Contract to someone else, and you remain liable to the other for your and our obligations under this Contract. We will not be liable for any acts or omissions of the Suppliers.
- Data protection and privacy
We can use your identity and other information about you which you give to us only to help us to comply with our duties under the law, to provide the Services and handle your payment for them and, if you give us your prior consent, to tell you about our products and services, on condition that we stop as soon as you tell us in writing to stop. We promise to use reasonable care to keep that information confidential. You promise that the information that you give to us is true and, if it changes, you will tell us promptly.
- Governing law and jurisdiction
- This Contract will be governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or where you live in Scotland or Northern Ireland.
- Withdrawal and cancellation
- You can withdraw your Order by telling us of your decision to withdraw before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability to us.
- You have the cancellation rights set out below and in Clause 13
- We must not begin the supply of a service (being part of the Services or Subsequent Services) before the end of 14 days starting the day after we confirm your Order unless you have made an express request for the service and you have made the request on a Durable Medium.
- Where you request for us to provide the Services within the 14 days cancellation period but then cancel before the Service has been completed we will charge you as follows:
If you cancel less than 14 days but more than 7 days before the Service is to be provided £0.00
less than 7 days but more than 2 days before the Service is to be provided £0.00
less than 7 days but more than 2 days before the Service is to be provided £0.00
less than 48 before the Service is to be provided 100%
- You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You need not give us your cancellation notice in writing. You may use the attached model cancellation form, but it is not obligatory. In any event you must be able to show clear evidence of when the cancellation was made, so it might be better for you to use the model cancellation form.
12.3 – You can also fill in and submit the model cancellation form on our website, http://thinkservice.co.uk/cancellation. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a Durable Medium (eg by email) without delay.
12.4 To meet the cancellation deadline, it is sufficient for you to send us your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- Effects of cancellation
13.1 If you cancel this Contract, we will reimburse to you all payments received from you unless you have asked for us to provide the Service within the 14 day cancellation period in which case we will charge you the amounts set out in clause 12.4.
13.2 We will make the reimbursement using the same means of payment as you used for the initial transaction.
Model cancellation form
TechHub @ Campus,
4-5 Bonhill Street, EC2A 4BX
I/We [insert details] hereby give notice that I/We [insert details] cancel my/our contract for the supply of the following service [*],
Ordered on [insert details],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate.