These Terms of Service ("Agreement") are entered into between you (hereinafter referred to as the "Member" and also as "you" or "your") and BHP Maintenance Ltd (hereinafter referred to as the Company and also as "we", "our" or "us").
Client and the Company shall hereinafter collectively be referred to as the "Parties" and individually as the "Party".
Please review this Agreement since it affects your legal rights and obligations. By agreeing to this Agreement, you hereby (i) agree to be bound by the same, and (ii) represent and warrant that you have the right, authority, and capacity to enter into this Agreement.
This Agreement includes and hereby incorporates by reference the Company's policies referred to herein. Company's policies may be modified by the Company during the continuance of this Agreement, in its sole discretion. In the event of a conflict between any such policies and this Agreement, this Agreement shall prevail.
In this Agreement, unless the context otherwise requires:
"Client" means any individual, firm or corporate body which purchases services from the Company;
"Company" means BHP Maintenance Ltd, a company registered under the laws of England and Wales;
"Service(s)" means the service(s) provided by the Company to the Client;
"Fee" means the fees payable by the Client to the Company under Clause 4 in accordance with the Terms of Payment. The fee structure shared by the Client to the Company shall be applicable within the areas of South East London and Kent. These areas may be changed by the Company (at its sole discretion) from time to time.
"Commencement Date" shall mean the date of acceptance of this Agreement by the Client.
"Force Majeure" means, in relation to either Party, any circumstances beyond the reasonable control of that Party (including, without limitation, acts of God, acts of civil or military authorities, strikes, floods, earthquakes, governmental rules or regulations, war, riots, delays in transportation, product shortages);
"Proprietary Rights" means any and all rights, title, ownership and interest in and to copyrights, mask works, industrial designs, trademarks, service marks, trade names, trade secrets, patents, and any other rights to intellectual property, recognized in any jurisdiction, whether or not perfected.
Any reference in this Agreement to "written notice" or related expressions shall mean a notice given in writing to the email address that the party has nominated.
Any reference in this Agreement to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
The headings of the Agreement are for convenience only and shall not affect its interpretation.
Unless otherwise specified, words importing the singular include the plural, words importing any gender include every gender, and words importing persons include bodies corporate and un-incorporate and (in each case) vice versa.
Reference to this Agreement or any other document shall, where appropriate, be meant as references to this Agreement or such other document as varied, supplemented, novated and/or replaced in any manner from time to time.
Subject to and conditioned on compliance with this Agreement and the other Site policies, the Company grants you a limited license to access and, if you are a Client, to use this Site for purchasing Company's Services.
You shall not access or use the site for any reasons that are in competition with the Company. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this site in any way for any public or commercial purpose without prior written consent of the Company.
The Company shall, in consideration of the Fees being paid in accordance with the Terms of Payment, provide the Services to the Client from the start of Commencement Date.
The Company shall use its best endeavours to perform/carry out the Services in accordance with the best practices of business.
Excluding any delays occurred by the Client or through any action of the Client, the Company shall try to complete all the services within the time.
Any change in the scope of Services shall be notified by the Client to the Company. The Company, at its sole discretion, may agree to the change in scope of Services. If accepted by the Company, the additional costs shall be borne by the Client and shall be invoiced accordingly.
The Client shall pay agreed upon fee to the Company in the agreed time.
In addition to the above, the Company shall be entitled to recover from the Client its reasonable incidental expenses for materials used and for third party goods and services supplied in connection with the provision of the Services.
Any price estimated by the Company shall not be considered a fixed price or a formal quotation – it shall be treated as just an estimate.
The Company while quoting a quotation shall take into consideration dimensions of the area and time of the appointment.
The Company may, before the acceptance of quotation by the Client, cancel or amend the quotation.
Unless any quotation provided by the Company to the Client is accepted within twenty eight (28) days from its date, the quotation shall be deemed to have been cancelled.
For any appointment, the Client shall be charged at a minimum time of one (01) hour but after one (01) hour, the Client shall be charged at a minimum of half an hour.
If the Company's representative has reached the Service area, but is unable to carry out work, a stand-alone survey fee of £25 shall be charged to the Client. The prices shall be inclusive of taxes.
All materials that are not part of the standard materials provided by the Company, unless included as part of the estimate, will have to be sourced, collected, delivered and fully paid by the Client. A collection fee of £20.00 Per Hour is charged for sourcing or/and collecting any materials if the Client requires this service.
It shall be the sole responsibility of the Client to give right of way and all affiliated rights to the Company to enter into the Services area. The Company shall not be held responsible for Client's failure to give any such right to the Company or if granting any such right infringes rights of any third party.
The Client must create a safe working environment for Company's employees, agents and sub-contractors.
The Client shall be liable to sign and execute all requisite documents and paperwork, failing which shall not be deemed rejection of Services by the Company.
The Client shall be solely responsible for the removal of all waste materials resulting from the performance of Services by the Company, unless otherwise agreed upon by the Parties in writing.
The Client shall be responsible for ensuring that Services provided by the Company have met reasonable standards and expectations set out by the Client at completion of the Services or within 7 days of the completion date.
In the case of any defect in the Services, the Company shall provide free of cost inspection and shall be liable to provide free repairing services if the result of the inspection reveals the defect (s) is caused by the Company or/and its employees and not the Client.
If the Client does not intimate the Company within seven (07) days after the completion of Services, all Services shall be presumed to be free of any defect.
If the Client has a complaint regarding any offensive, violent or sexually inappropriate conduct of any employee, representative or subcontractor of the Company, the Client shall immediately report to the relevant authorities and shall thereafter inform the Company at [email protected] citing the relevant report and location. The Company may investigate the matter but shall not be obligated to take any action beyond the scope of relevant laws. The Company shall not be liable to incur any additional liability in doing so.
The Client shall indemnify, defend and hold the Company, its subsidiaries, affiliates, officers, agents, employees and representatives harmless from any and all claims, liabilities, damages, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim by a third party or judgment that any action or omission by you infringes Proprietary Rights or other rights of any third party.
THE SERVICES AND THIS WEBSITE ARE AVAILABLE ON “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, NEITHER WE, NOR OUR MANAGERS, OR AGENTS MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED OR STATUTORY, REGARDING THE SERVICES OR CONTENT DISPLAYED ON THE WEBSITE. WE FURTHER DISCLAIM ANY LIABILITY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT COSTS OR DAMAGES, LITIGATION COSTS, OR LOSS OF DATA, LOSS OF PROFIT/ANTICIPATED PROFIT OR LOSS OF BUSINESS.
THIS DOES NOT AFFECT COMPANY'S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM COMPANY'S NEGLIGENCE, NOR COMPANY'S LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The Company and its licensors reserve all Proprietary Rights in and to this site and the Services. You may not use them except as necessary for the purposes of performing your obligations under this Agreement. The Company reserves the right to withdraw, expand, otherwise change or cease to operate the Site at any time at the Company's sole discretion.
You may/shall not reverse-engineer, disassemble or decompile, decrypt, circumvent or otherwise interfere, in any manner whatsoever, whole or part of the Site, related software or domains as it constitutes/embodies the Company’s intellectual property.
While signing up with the Site, you are asked to provide certain personal information (“Personal Information”). You represent and warrant that the Personal Information you provide is accurate, true and complete. The Personal Information may be used by the Company in furtherance of this Agreement and provision of our Services.
You are prohibited to disclose any information made available to you through the Site. You must respect the privacy of other Members while using the Site and not disclose their confidential information.
The Personal Information policies are set out in our Privacy Policy which is considered part of this Agreement. You must review this Privacy Policy by clicking here.
The Company may terminate the Agreement immediately if:
the Client is in breach of any of its obligations hereunder;
the Client has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with its creditors generally or has an administrator, administrative receiver or receiver appointed over all or a substantial part of his undertakings or assets;
the Client has become bankrupt or shall be deemed unable to pay his debts by virtue of Section 123 of the Insolvency Act 1986;
the Client ceases or threatens to cease to carry on business; or
the frustration of this Agreement.
In the event of termination under sub-clause 13.1 the Company shall retain any sums already paid to it by the Client without prejudice to any other rights the Company may have whether at law or otherwise.
Any Agreement may only be cancelled with Company's consent in writing, failure of which shall cause the Client to indemnify the Company against all loss, damage and claims. Any cancelation without the Company's consent will result in charges pursuant to paragraph 16.3 below. Such cancelation is without prejudice to the Company's right to payment in accordance with the Payment terms under Clause 4.
If the Client wishes to cancel a scheduled appointment, it must notify the Company no less than 24 hours before the scheduled time to avoid any charges. However, if the Client notifies the Company within less than 24 hours (but more than 12 hours) it will be charged £10.00, but in the case of notifying the Company within 12 hours or less, the Client will be charged £40.00 for late cancelation.
If the Client wishes not to reschedule the appointment but cancel the Agreement, the paragraph above will also apply to contract cancelation, but the Client will also be charged 5% of any fees already paid to Company as a contribution to the bank, credit card and transaction charges incurred by the Company. If the Company has purchased materials or has paid for anything in connection with provision of the Services (including pre-planning), the Client will have to pay all outstanding costs incurred by the Company. In addition to all charges mentioned the Client will be charged 15% of the estimate price provided to the Client when the Agreement, estimate, quotation or any other form of agreement and schedule was signed and agreed upon.
The Company has the right to withdraw, cancel and change any discount or/and offer made available to Clients. For the latest discounts and offers if any available, please visit our website.
Without limiting the Company’s other remedies, the Company shall have the right, but not the obligation, to suspend or cancel your access to the Site if (i) you breach any terms and conditions of this Agreement or other written policies and procedures posted on the Site, or violate Company’s rights or those of another party; (b) the Company is unable to verify or authenticate any information you provide to the Company; or (c) the Company believes that your actions may cause legal liability to you, other users or the Company. If your Account is suspended or terminated, you MAY NOT continue to use the Site under a different account or re-register under a new account.
The Company, in its sole discretion, reserves the right to determine whether or not your use of the Site or Services is in conjunction with this Agreement.
We shall respond quickly to claims of copyright infringement. If you believe your copyright is infringed by our content, please provide us with a written notice via mail or email at the following address:
599-613 Princes Rd,
Dartford DA2 6HH
United Kingdon
Your notice must contain the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material you claim is infringing is located on our website;
Your address, telephone number and email address.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
If either Party is affected by Force Majeure it shall forthwith notify the other Party of the nature and extent thereof.
Neither Party shall be deemed to be in breach of this Agreement, or otherwise be liable to the other, by reason of any delay in performance, or non-performance, of any of its obligations under this Agreement to the extent that such delay or non-performance is due to any Force Majeure of which it has notified the other Party; and the time for performance of that obligation shall be extended accordingly.
This Agreement shall be governed and construed in accordance with the laws of England and Wales.
A competent court in England shall have exclusive jurisdiction to entertain all suits/cases and other matters arising out of and under this Agreement.
The Company shall be entitled to perform any of the obligations undertaken by it and to exercise any of the rights granted to it under this Agreement through any other company which at the relevant time is its holding company or subsidiary or the subsidiary of any such holding company or through any subcontractor.
The Company shall work as Independent Contractor with the Client and nothing in this Agreement shall create, or be deemed to create, a partnership or the relationship of principal and agent or employer and employee between the Parties.
The failure or delay of the Company to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect Company's right to later enforce or exercise it, unless the Company issues an express written waiver.
This Agreement will not be assigned either in whole or in part by any Party without the written consent of the other Party.
No modification or amendment to this Agreement shall be binding upon any Party unless in a written instrument signed/executed by both the Parties.
This Agreement contains the entire agreement between the Parties with respect to the subject matter of this Agreement and supersedes all previous agreements and understandings between the Parties with respect to this Agreement, and may not be modified except by an instrument in writing signed by the duly authorized representatives of the Parties.
If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provis
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