Terms and Conditions
Thank you for choosing our Services! We want to ensure that your experience with us is as pleasant as possible. Please take a moment to review the following terms and conditions, which outline our working relationship.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, we use specific expressions with particular meanings:
– “Client/you/your” refers to the Consumer who is purchasing our Services.
– “Consumer” has the same meaning as defined by the Consumer Rights Act 2015.
– “Contract” refers to the legally binding agreement formed when you accept our Quotation and agree to these Terms and Conditions.
– “Property” refers to the premises where our Services will be provided.
– “Quotation” is the price we provide you, either in writing or verbally, for the Services. It remains open for acceptance for 30 days and outlines the scope of work.
– “Services” refers to the pest control services we will provide you.
1.2 Whenever we mention “writing” or “written,” it includes communication via email.
2. The Contract
2.1 We will provide you with a Quotation for the Services, and by accepting it, you enter into a legally binding Contract with us, which includes these Terms and Conditions.
2.2 Our Quotation is based on the information you provide us. If we find additional work is needed upon visiting the Property, we will discuss it with you and obtain your permission before proceeding with the additional Services. We will also agree on the pricing for these additional Services.
3. The Services
3.1 We will carry out our Services with utmost care and skill, following our accepted Quotation and adhering to the best trade practices.
3.2 Any dates we provide for the completion of our Services should be treated as estimates only. Unless agreed otherwise in writing, we do not have an obligation to complete the Services by a specific date.
3.3 It’s important to allow treated areas to dry or ventilate completely before accessing them.
3.4 We can provide you with health and safety information, as well as COSHH or other data sheets related to the chemicals we use. It is essential for you to read this information and follow any procedures mentioned. If anyone comes into contact with the chemicals, they should follow the instructions provided and seek medical attention if necessary. Our service reports will include any recommendations and information about pesticide treatments.
3.5 We will make every effort to remove any treated pests. However, we cannot be held responsible for unwanted effects from pests in inaccessible areas.
3.6 Any equipment we place or leave at the Property, unless specified and paid for by you, remains our property. If any of our equipment is removed, damaged, lost, or stolen, you will be responsible for the cost of its replacement.
4. Your Responsibilities
4.1 It is your responsibility to ensure:
4.1.1 The Property is suitable for us to provide our Services (for example, if flooring is to be treated, it should be in reasonable condition to avoid minor damage).
4.1.2 We have access to the Property (and neighboring land, if necessary) on the agreed dates and times for the Services. If you need to cancel our visit, we require at least 3 working days’ notice, and no charges will apply for the canceled visit.
4.1.3 You comply with our recommendations and advice, especially regarding prevention, when applicable.
4.1.4 You obtain any necessary consents, licenses, or permissions from third parties (e.g., landlords, planning authorities, local authorities) before we start the Services.
4.2 If you fail to fulfill your responsibilities outlined in clause 4.1, we cannot be held liable for any resulting delays, and we reserve the right to recover any costs we incur, such as for wasted visits to the Property.
5. Payment
5.1 Invoices are payable in full within 30 days from the date of the invoice, without any set-off, withholding, deduction, or retention. We accept card or online payments, and in certain circumstances, we may accept checks. All fees exclude VAT where applicable.
5.2 We reserve the right to request full or partial payment upfront before commencing the Services. We will notify you of this within our Quotation. Any payments made are strictly non-refundable.
5.3 If any sums are overdue, interest is payable from the due date until the actual payment is made. The interest rate is 8% per annum above the Bank of England base rate. We also reserve the right to suspend any further Services and charge for costs associated with recovering late payments.
5.4 Any changes to the Services must be agreed upon in writing before we can proceed. Any fee or price variations will become due for payment to us following the terms mentioned above.
6. Cooling Off Period & “The notice right to cancel”
6.1 As a Consumer, you have a statutory right to a cooling off period. This period begins once the Contract is formed and ends 14 calendar days after that date.
6.2 If you wish to cancel the Contract within the cooling off period, please inform us immediately by post or email using the provided contact details. You must obtain a recorded reply from us. Your cancellation notice should be sent before the 14 days have expired to meet the cancellation deadline.
6.3 If you cancel within this period, you will receive a full refund of any amount paid to us under the Contract, using the same payment method you used unless you request otherwise. In any case, you will not incur any fees as a result of the refund.
6.4 If the start date for the works falls within the cooling off period, you must make an express request for the Services to begin within the 14-day cooling off period.
6.5 By making such a request, you acknowledge and agree that:
6.5.1 If the Services are completed within the 14-day cooling off period, you will lose the right to cancel once the works are completed.
6.5.2 If you cancel the Contract after the Services have begun, you will be required to pay for the Services supplied up until the point at which you inform us of your wish to cancel. Any deposit payments made will be non-refundable, and you will be required to pay for any other labor, material, or equipment costs incurred in addition to the original deposit payment or invoice.
6.6 Clause 7 applies to the termination of the Contract after the 14-calendar day cooling off period has elapsed.
7. Termination
7.1 Either you or we may cancel this Contract at any time without liability by giving written notice if:
7.1.1 There is a material breach of the Contract, and the breaching party fails to remedy it within 14 days of receiving written notice (a breach is considered material if it has significant consequences to the canceling party, regardless of whether it resulted from an accident, mistake, or misunderstanding).
7.1.2 Either party goes into bankruptcy, liquidation, administration, or if a receiver is appointed, or if we cease, or threaten to cease, to carry on business.
7.2 If you or we cancel under this clause 7, you will only be required to pay for the Services we have already provided up until the cancellation date. These sums will be deducted from any refund due to you or invoiced to you, depending on the amount paid at the date of the cancellation.
8. General Liability
8.1 We want to assure you that nothing in these Terms and Conditions is intended to or will limit or exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
8.2 Subject to the provisions in clause 8.1, we will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence, or if it is contemplated by you and us when the Contract is entered into. However, we will not be responsible for any loss or damage that is not foreseeable.
8.3 We accept no liability in respect of delays or damage caused by circumstances beyond our reasonable control, including staff illness, power failure, industrial action, mechanical breakdown, civil unrest, fire, flood, adverse weather conditions, earthquakes, acts of terrorism or war, or governmental action.
8.4 We will not be liable to you for any indirect or consequential loss, loss of profit, loss of business or business opportunity, or interruption to business.
8.5 We want to emphasize that nothing in these Terms and Conditions is intended to or will limit your legal rights as a Consumer under any applicable consumer protection legislation. For more information on your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office.
9. Data Protection
We take data protection seriously, and any data we hold will only be collected, processed, and held in accordance with the Data Protection Act 2018, the General Data Protection Regulation 2016, and any amendments to them. For more information, please refer to our privacy policy.
10. Other Important Terms
10.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party if we sell our business, for example. If such a transfer occurs, we will inform you in writing. Your rights under these Terms and Conditions will not be affected, and our obligations under these Terms and Conditions will be transferred to the third party, who will be bound by them.
10.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (or the Contract) without our express written permission.
10.3 The Contract is between you and us and is not intended to benefit any other person or third party. Therefore, no other person or party will be entitled to enforce any provision of these Terms and Conditions.
10.4 If any part of these Terms and Conditions is found to be unlawful, invalid, or unenforceable, it will be severed from the Contract. However, the validity and enforceability of the remaining parts of the Contract will not be affected.
10.5 The fact that either party does not exercise or enforce their rights under these Terms and Conditions following a breach of contract does not mean that they have waived their right to do so at a later date.
11. Governing Law and Jurisdiction
These Terms and Conditions and any Contract between us will be governed by the laws of [Insert applicable jurisdiction], and any dispute will fall within the jurisdiction of the courts of [Insert applicable jurisdiction].
12. Force Majeure
Neither party will be liable to the other for any failure or delay in performing any obligations under the Contract if the failure or delay is due to a cause beyond their reasonable control. In such cases, the failure or delay will not be considered a breach of these Terms and Conditions or other terms of the Contract.
13. Guarantees
We want you to have confidence in the goods we supply. For most products, the standard guarantees provided by the manufacturers apply. If you would like more information about specific guarantees,
please don’t hesitate to contact us. As for our services, we usually offer a 6-month labor guarantee. However, please note that this guarantee may be subject to occasional changes or reductions, which will be clearly documented in our work report. Rest assured; these changes will not affect your rights under the Consumer Rights Act 2015.
14. Recorded Calls
To ensure the quality of our service and for training purposes, we may record our phone calls. This helps us continuously improve and provide you with the best possible assistance.
15. Time Limits
We understand the importance of meeting deadlines, but please be aware that any time or date we provide for the delivery of goods or performance of services is an estimate. While we strive to fulfill our estimates, we cannot be held liable for any failure to meet them. However, we assure you that we will make every effort to minimize any potential delays and their impact on you.
16. Extent of Survey
We have thoroughly inspected the areas you requested us to assess. If you notice any omissions or believe that we may have misunderstood your instructions, please contact us promptly. It’s important to understand that our report is based on the problems we observed at the time of inspection. We cannot be held responsible for any hidden or future infestation risks or other related defects. Additionally, please note that the quotes we provide are valid for a period of 30 days. We kindly ask you to carefully review the contents of our report, including any enclosures.
17. Opportunity to Cure
Before making any claims for damages, we request that you inform Higgs Holdings Limited in a timely manner if you believe there are any performance deficiencies. We will be given a reasonable opportunity to address and rectify any alleged defects. We kindly ask for your understanding and allow us a reasonable period of 30 days to resolve any issues that may arise on-site. However, please be aware that due to our current company processes, such situations are highly unlikely to occur.