Terms and Conditions

• Fixcrowd Limited
• Registered at The Foundry, 2 Smith Square, London, W6 8AF
• Property Maintenance & Construction

These detail our commitment to you and our expectations from you:

Definitions

• The Supplier means ‘Fixcrowd Limited’. References to the Supplier in this document are to “we”, “our”, and “us”.
• The Client means the person or organisation that agrees to buy Goods or Services from the Supplier. References to the Client in this document are to “you” and “your”. Domestic Client means a person that agrees to buy Goods or services from the Supplier for his/her private residence. Commercial Client means the person or organization that agrees to buy Goods or Services from the Supplier for any scenario other than a Domestic Client.
• Goods means any Goods offered for sale by the Supplier.
• A service means any Service provided by the Supplier.

1. Conditions
   1. A Contract for the provision of Goods and Services will come into force upon your agreement or accepting the quotation.
   2. These Conditions shall apply to all Contracts for the sale of Goods or Services by us to you to the exclusion of all other terms and conditions including any which you may purport to apply under any purchase order, confirmation of order or similar document.
   3. No variation or addition to these Conditions shall be effective unless agreed in writing by us.
   4. Nothing in these Conditions affects consumer’s statutory rights.
   5. Except as defined in the particular Contract, we reserve the right to amend/modify this agreement or prices and may discontinue or revise any or all other aspects of the Service at our sole discretion. You reserve the right to cancel the Services or Goods before the new terms are affected.
2. Estimates & Prices
   1. The Quote provided will be based on an estimate of works, taking into account time and materials. Should the actual Time or Materials exceed the quoted estimate, additional charges may be added in the supplier’s final invoice.
   2. We reserve the right to revise prices prior to delivery of Goods to reflect any direct or indirect increase in costs to us but if the price has been paid in full prior to delivery no price revision may take place without your prior written agreement. If no agreement can be reached, the Supplier reserves the right to terminate the contract and a refund will be provided to the client for works not undertaken. A cancelation fee may still apply to contracts terminated without advanced notice (See Termination Clause).
   3. The price for Goods or Services shall be the price contained in our written quotation. These shall include VAT, applied at current rates.
3. Payment
   1. For Domestic Clients payment for Goods and Services may be required immediately prior to services commencing.
   2. For works exceeding £1,000, a 50% deposit will be required in advance of any works starting unless a float amount is held with the Supplier.
   3. Payment milestones may be applied to larger projects. Milestones will be reviewed between the Supplier and the Client before works progress. No works will take place without your prior written agreement.
   4. For Commercial Clients all invoices shall be paid in full not more than 30 days from the date of invoice. Time for payment shall be of the essence and any failure to pay shall entitle us to treat the contract as repudiated by you or to delay delivery or further work until paid (in addition to any other remedy). All invoices shall be paid in full free from any deduction for any set off, counterclaim or otherwise howsoever arising. An administration charge of £85.00 on overdue invoices shall be applied on a weekly basis from the date payment becomes due until the date of payment before and after judgement.
   5. Any costs incurred by the Supplier in retrieving settlement of overdue payment shall be borne by the Client. This may include the cost of solicitors, court fees and debt collection agent fees.
   6. Payment may be made by cash, cheque, or by bank transfer, in Pounds Sterling.
   7. If any action or proceedings shall be commenced in which your solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.
4. Warranty and Liability
   1. We will perform the Services with reasonable skill and care, acting in good faith at all times.
   2. We offer as part of the Contract a 1-month warranty against Goods supplied under the Contract.
   3. We offer as part of the Contract a workmanship warranty. The period of this warranty shall range from 0-12 months depending upon the Service provided and shall be agreed prior to commencing the Contract, e.g. no warranty for cleaning gutters.
   4. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services or Goods shall be limited to the charges paid by you to us in respect of the Services or Goods which are the subject of any such claim and provided that you notify us of any such claim within 3 months of it arising.
   5. In no event shall we be liable to you for any loss of business, contracts, profits, rent or anticipated savings or for any other indirect or consequential or economic loss whatsoever. Where you feel there is a risk you should ensure the contract works for any event.
   6. Faults incurred through abuse (as defined by us) of the Goods and Services provided are not covered by the warranty.
   7. Attempted repair or alteration of the Goods and Services provided by us, by another party, immediately invalidates the warranty offered.
5. Delivery and Provision of Goods and Services
   1. Delivery of Goods shall be made to your address and you shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. If the Client decides to arrange purchase and/or delivery of materials. The Client shall be liable for any delays, losses, costs or cancelation fees incurred to the project.
   2. Whilst every reasonable effort shall be made to keep to service or delivery dates, time of service or delivery shall not be of the essence. We shall not be liable for any losses, costs, damages or expenses incurred by you or any other person or company arising directly or indirectly out of any failure to meet any estimated service completion or delivery date.
   3. We shall be entitled to sub-contract all or any part of the work, but will be responsible for the quality of the sub-contractor’s work.
6. Termination
   1. We may terminate any agreement we may have with you forthwith if you fail to pay any sums due to us as they fall due.
   2. We may terminate any agreement we may have with you upon written notice if you breach any of these terms and conditions and you fail to correct the breach within 30 days following written notice from us specifying the breach.
   3. We may terminate any agreement we may have with you if you are a company and go into insolvent liquidation, or if you are a person who is declared bankrupt.
7. Ownership and Risk
   1. The risk in Goods shall pass to you when a contract is made even if the Goods are kept at our premises at your request.
   2. We remain the owner of the Goods affected by the contract until we have been paid in full for such Goods.
   3. If any payment due under these Conditions is overdue in whole or in part, we may without prejudice to any of our other rights recover and/or re-sell the Goods or any of them and may enter your premises, with your permission hereby confirmed as a condition at contract, by our servants or agents to recover the Goods and you shall be liable for all our costs of so doing.
   4. You shall inspect the Goods immediately upon delivery and shall notify us within 24 hours of delivery if the Goods are damaged or do not comply with the contract. If you fail to do this, you are deemed to have accepted the Goods.
8. Support
   1. We make every effort to ensure that support and advice given to you is accurate and appropriate. However, any advice, suggestion or recommendation offered by us, whether as part of a service / support contract or given free of charge, cannot be guaranteed as accurate or appropriate.
   2. We do not guarantee any level of support, response time or availability, unless specified within a separate support contract or service level agreement, agreed by both you and us.
9. Cancellation Returns
   1. No contract shall be cancelled without our prior written approval and on terms to be determined at our absolute discretion.
   2. Where Goods are supplied in accordance with the contract we will not accept their return. Force Majeure
   3. We will not be under any liability whatsoever in the event that we are prevented or delayed from supplying or making delivery of any Goods or Services by any reason or cause beyond our control.
10. Data Protection
    1. We may retain your personal data, and you authorise us to use your personal data, for the following purposes:
       1. provision of the Service to you;
       2. keeping of a record for a reasonable period after termination of your service;
       3. operation and enforcement of these conditions;
       4. providing you with information about other services we or our partners offer, subject to your right to opt out of receiving such information on the Order Form;
       5. legal compliance including disclosing it to any third party who we reasonably consider has a legitimate interest in any such investigation or its outcome;
       6. instructing a third party to perform a part of the Service.
11. Non-Waiver
    1. The allowance of time to pay or any other indulgence by us in respect of payments due to it shall in no manner affect or prejudice our right to payment together with interest provided under these Conditions.
12. Dispute
    1. In the event of a dispute between us and you, should we request in writing, you agree to submit the dispute to arbitration in accordance with the Arbitration Acts for the time being in force as a legally binding alternative to court action.
    2. No action can be brought, by you, arising out of any contract more than 12 months after the completion of the contract.
13. Law
    1. These Conditions shall be construed in accordance with English law.
14. Severability
    1. If a court of law holds any provision of this Agreement to be illegal, invalid or unenforceable, (a) that provision shall be deemed amended to achieve an economic effect that is as near as possible to that provided by the original provision and (b) the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected.
15. Headings
    1. The headings used in this Agreement are intended solely for the convenience of reference, and should not in any manner amplify, limit, modify or otherwise be used in the interpretation of any of the provisions of this Agreement.

16. Entire Agreement
    1. This Agreement constitutes the entire agreement with respect to the Confidential Information disclosed hereunder and supersedes all prior or contemporaneous agreements concerning such Confidential Information, written or oral.

By agreeing to proceed with quoted works, I hereby read and Agreed to the
conditions outlined within the pages of this agreement, and have executed this
Agreement as of the effective date.