TERMS & CONDITIONS
By accepting our job estimate, you agree to be bound by these terms and conditions. In the event of any conflict between these terms and conditions and any job estimate, the job estimate shall take precedence.
1. INFORMATION ABOUT US
1.1 We are Hames Home Maintenance, the trading name of a Partnership between Phil Hames and Nicola Hames.
1.2 Our role is to provide you with home maintenance services in accordance with the agreed job estimate.
1.3 Services will be performed by Phil Hames or another sub contractor we deem suitable to take on the work.
1.4 Hames Home Maintenance has full public liability insurance for £1,000,000.
2.1 By instructing us to provide you with our Services, you agree to engage us on an exclusive basis in respect of the Services or any similar services for the agreed term of the project set out in any relevant job estimate.
3.1 Upon receiving an enquiry from you in respect of the provision of any Services, we shall attend the premises to discuss the work with you. We shall then send you a job estimate including details the Services to be provided to you. If you accept the job estimate and ask us to start work, this will constitute a binding contract governed by the job estimate (and these terms and conditions).
3.2 The fees for payment shall be as set out in the applicable job estimate. If no date is specified in the job estimate, we shall be entitled to invoice you for the Services at any time after delivery or completion of the Services.
3.3 All invoices must be paid by you upon receipt of presentation of an invoice unless other terms agreed in writing.
3.4 If you fail to pay the fee on time, we reserve the right to charge you interest on any outstanding sum accruing daily at the rate of 2% per annum above Barclays Bank PLC’s base rate in force from time to time until the date of actual payment.
4.1 If you cancel or seek to terminate the agreement between us, you must do so in writing.
4.2 If you cancel the agreement between us after accepting a job estimation, other than in the case of breach by us, we reserve the right to charge you a reasonable cancellation fee.
5. DATA PRIVACY & DATA PROTECTION
5.1 “Personal Data” means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to us. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”)
5.2 We will process your Personal Data on the following lawful basis:
5.2.1 that necessary for the performance of a contract with you or to take steps to enter into a contract.
5.2.2 that necessary for compliance with a legal obligation
5.3 We will use personal data from time to time send you marketing emails. Please opt in for your data to be used for marketing purposes by emailing: firstname.lastname@example.org. If you do not opt in, you will not be contacted for marketing purposes.
6. EVENTS OUTSIDE OUR CONTROL
6.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event).
6.2 We shall not under any circumstances whatever be liable for loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of use, loss of corruption of data or information, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
6.3 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of any project shall in all circumstances be limited to the price paid by you for the Services.
7. ENTIRE AGREEMENT
7.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to a particular job.
7.2 We each acknowledge that, in entering into this agreement, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
7.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
7.4 Nothing in this clause limits or excludes any liability for fraud.
8. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
8.1 We have the right to revise and amend these terms and conditions from time to time by notifying you to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
9. LAW AND JURISDICTION
9.1 Any dispute or claim will be governed by English law and will be subject to the exclusive jurisdiction of the courts of England and Wales.