These Terms and Conditions are the standard terms for the provision of services by James Hopkins, trading as Jetclean SW Postal address:
22 Harts Close, Teignmouth, TQ14 9HG

1.    Definitions and Interpretation 

1.    In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Business Day”	means any day other than a Saturday, Sunday or bank holiday;
“Calendar Day”	means any day of the year;
“Contract”	means the contract for the provision of Services, as explained in Clause 3;
“Deposit”	means an advance payment made to Us under sub-Clause 5.5;
“Month”	means a calendar month;
“Price”	means the price payable for the Services;
“Services”	means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
“Special Price”	means a special offer price payable for Services which We may offer from time to time;
“Order”	means your order for the Services as attached;
“Order Confirmation”	means Our acceptance and confirmation of your Order as described in Clause 3;
“I/We/Us/Our/Jet Clean SW”	means James Hopkins, trading as Jetclean SW. Postal address: 22 Harts Close, Teignmouth, TQ14 9HG

 

2.    Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.

 

2.     Information About Us

1.     James Hopkins operates as a sole trader and is
the owner of Jetclean SW.

2.    VAT Status. As a small business Jetclean SW is not VAT registered and our prices
are not subject to VAT.
 

3.     The Contract

1.    These Terms and Conditions govern the sale and provision of Services by Us and will
form the basis of the Contract between us and you.  Before submitting an
Order, please ensure that you have read these Terms and Conditions
carefully.  If you are unsure about any part of these Terms and
Conditions, please ask Us for clarification.

2.    Nothing provided by us including, but not limited to, sales and marketing literature,
price lists and other documents constitutes a contractual offer capable of
acceptance.  Your Order constitutes a contractual offer that We may, at
our discretion, accept.

3.    A legally binding contract between Us and you will be created upon our acceptance
of your Order, indicated by Our Order Confirmation. Order Confirmations may be
provided verbally, in writing, or via electronic message.

4.    We shall ensure that the following information is given or made available to you
prior to the formation of the Contract between Us and you, save for where such
information is already apparent from the context of the transaction:

1.    The main characteristics of the Services;

2.    Our identity (set out above in Clause 2) and contact details (as set out below in
Clause 11);

3.    The total Price for the Services including taxes or, if the nature of the Services
is such that the Price cannot be calculated in advance, the manner in which it
will be calculated;

4.    The arrangements for payment, performance and the time by which (or within which)
We undertake to perform the Services;

5.    Our complaints handling policy;

6.    Where applicable, details of after-sales services and commercial guarantees;

7.    The duration of the Contract, where applicable, or if the Contract is of
indeterminate duration or is to be extended automatically, the conditions for
terminating the Contract;

 

4.    Orders

1.    All orders for Services made by you will be subject to these Terms and Conditions.

2.    You may change your Order at any time before We begin providing the Services by
contacting Us. 

3.    If your order is changed We will inform you of any change to the Price in writing.

4.    You may cancel your Order within 7 days of placing it.  If you have already
made any payments to Us under Clause 5 (including, but not limited to the
Deposit), subject to sub-Clause 5.6, the payment(s) will be refunded as soon as
is reasonably possible, and in any event within 14 Calendar Days of Our
acceptance of your cancellation. If you request that your Order be cancelled,
you must confirm this in writing. If you wish to cancel the Services after this
time period, or once We have begun providing the Services, please refer to
Clause 10.

5.    We may cancel your Order at any time before We begin providing the Services due to
the unavailability of required personnel or materials, or due to the occurrence
of an event outside of Our reasonable control. If such cancellation is
necessary, We will inform you as soon as is reasonably possible.  If you
have made any payments to Us under Clause 5 (including, but not limited to the
Deposit), the payment(s) will be refunded as soon as is reasonably possible,
and in any event within 14 Calendar Days of Us informing you of the cancellation. 
Cancellations will be confirmed in writing.

 

5.     Price and Payment

1.    The price of the Services will be that shown on our Quote Card, in Our Quotation
Document or in your Quotation email.  

2.    If we quote a Special Price which is different to the Price shown in Our Quotation
Document, this Special Price will be valid for 10 days or, if the Special Price
is part of an advertised special offer, for the period shown in the
advertisement. Orders placed during this period will be accepted at the Special
Price even if We do not accept the Order until after the period has expired.

3.    Our prices may change at any time but these changes will not affect Orders that We
have already accepted.

4.    Before we begin providing the Services, we may require a Deposit of 20% of the total
Price for the Services.  Sometimes we may require a pre-payment, towards
the purchase (or hire) of equipment, materials or labour..

5.    In certain circumstances, if your Order is cancelled, your Deposit will be
refunded in full or in part.  The amount due will be calculated based upon
the Price for the Services, provided in Our Quotation Document, and the amount
of work (if any) already undertaken by Us. Please refer to sub-Clauses 4.4 and
4.5 if your Order is cancelled before the Services begin, or to Clause 10 if the
Services are cancelled after they have begun.

6.    The balance of the Price will be payable once We have provided the Service.

7.    We accept the following methods of payment:

1.    Cash

2.    Bank Transfer

3.    Cheque

8.    If you do not make payment to Us by the due date We may charge you interest on the
overdue sum at the rate of 4% per annum above the base lending rate of the Bank
of England. Interest will accrue on a daily basis from the due date for payment
until the actual date of payment of the overdue sum, whether before or after
judgement. You must pay any interest due when paying an overdue sum.

9.    The provisions of sub-Clause 5.10 will not apply if you have promptly contacted Us
to dispute an invoice in good faith.  No interest will accrue while such a
dispute is ongoing.

 

6.    Providing the Services

1.    As required by law, We will provide the Services with reasonable skill and care,
consistent with best practices and standards in the hard surface restoration
industry, and in accordance with any information provided by Us about the Services
and about Us.

2.    We will begin providing the Services on the date confirmed in Our Order
Confirmation.

3.    We will continue providing the Services for a period agreed between Us and
You.

4.    We will make every reasonable effort to complete the Services on time (and in
accordance with your Order).  We cannot, however, be held responsible for
any delays if an event outside of Our control occurs.  Please see Clause 9
for events outside of Our control.

5.    If we require any information or action from you in order to provide the Services,
We will inform you of this as soon as is reasonably possible. For example,
access to water and electricity.

6.    If the information or action required of you under sub-Clause 6.5 is delayed,
incomplete or otherwise incorrect, We will not be responsible for any delay
caused as a result. If additional work is required from Us to correct or
compensate for a mistake made as a result of incomplete or otherwise incorrect
information or action on your part, We may charge you a reasonable additional sum
for that work.

7.    In certain circumstances, for example where there is a delay in you sending Us
information or taking action required under sub-Clause 6.5, We may suspend the
Services (and will inform you of that suspension in writing).

8.    In certain circumstances, for example where We encounter a technical problem, We
may need to suspend the Services in order to resolve the issue.  Unless
the issue is an emergency and requires immediate attention We will inform you
in advance in writing before suspending the Services.

9.    If the Services are suspended under sub-Clauses 6.7 or 6.8, you will not be
required to pay for them during the period of suspension.  You must,
however, pay any invoices that you have already received from Us by their due
date(s).

10. If you do not pay us for the services as required by Clause 5, We may suspend the Services until you have
paid all outstanding sums due.  If this happens, We will inform you in
writing.  This does not affect Our right to charge you interest under
sub-Clause 5.10.

 

7.    Problems with the Services and Your Legal Rights

1.    We malways use reasonable efforts to ensure that Our provision of the Services is
trouble-free.  If, however, there is a problem with the Services We
request that you inform Us as soon as is reasonably possible (you do not need
to contact Us in writing.

2.    We will use reasonable efforts to remedy problems with the Services as quickly as
is reasonably possible and practical. In emergency situations, such as those
where vulnerable people living in your property may be affected, We will use
reasonable efforts to remedy problems within 24 hours.

3.    We will not charge you for remedying problems under this Clause 7 where the
problems have been caused by Us, any of our agents or employees or
sub-contractors or where nobody is at fault.  If We determine that a
problem has been caused by incorrect or incomplete information or action
provided or taken by you, sub-Clause 6.6 will apply and We may charge you for
remedial work.

4.    As a consumer, you have certain legal rights with respect to the purchase of
services.  For full details of your legal rights and guidance on
exercising them, it is recommended that you contact your local Citizens Advice
Bureau or Trading Standards Office.  If We do not perform the Services
with reasonable skill and care, you have the right to request repeat
performance or, if that is not possible or done within a reasonable time
without inconvenience to you, you have the right to a reduction in price. 
If the Services are not performed in line with information that We have
provided about them, you also have the right to request repeat performance or,
if that is not possible or done within a reasonable time without inconvenience
to you (or if Our breach concerns information about Us that does not relate to
the performance of the Services), you have the right to a reduction in
price.  If for any reason We are required to repeat the Services in
accordance with your legal rights, We will not charge you for the same and We
will bear any and all costs of such repeat performance.  In cases where a
price reduction applies, this may be any sum up to the full Price and, where
you have already made payment(s) to Us, may result in a full or partial
refund.  Any such refunds will be issued without undue delay (and in any
event within 14 calendar days starting on the date on which We agree that you
are entitled to the refund) and made via the same payment method originally
used by you unless you request an alternative method.  In addition to your
legal rights relating directly to the Services, You also have remedies if We
use materials that are faulty or incorrectly described.

 

8.   Our Liability

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 (including that of Our employees, agents or sub-contractors). 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 created.
We will not be responsible for any loss or damage that is not foreseeable.

2.    We provide Services for domestic and private use (or purposes). We make no
warranty or representation that the Services are fit for commercial, business
or industrial purposes of any kind.  By making your Order, you agree that
you will not use the Services for such purposes.  We will not be liable to
you for any loss of profit, loss of business, interruption to business or for
any loss of business opportunity.

3.    If We are providing Services in your property and We cause any damage, We will
make good that damage at no additional cost to you.  We are not
responsible for any pre-existing faults or damage in or to your property that
We may discover while providing the Services.

4.    Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death
or personal injury caused by Our negligence (including that of Our employees,
agents or sub-contractors); or for fraud or fraudulent misrepresentation.

5.    Nothing in these Terms and Conditions seeks to exclude or limit Our liability for
failing to perform the Services with reasonable care and skill or in accordance
with information provided by Us about the Services or about Us.

6.    Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a
consumer.  For more details of Your legal rights, please refer to Your
local Citizens Advice Bureau or Trading Standards Office.

 

9.   Events Outside of Our Control (Force Majeure)

1.    We will not be liable for any failure or delay in performing Our obligations where
that failure or delay results from any cause that is beyond Our reasonable
control.  Such causes include, but are not limited to: power failure,
internet service provider failure, strikes, lock-outs or other industrial
action by third parties, riots and other civil unrest, fire, explosion, flood,
storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts
of war (declared, undeclared, threatened, actual or preparations for war),
epidemic or other natural disaster, or any other event that is beyond Our
reasonable control.

2.    If any event described under this Clause 9 occurs that is likely to adversely
affect Our performance of any of Our obligations under these Terms and
Conditions:

1.    We will inform you as soon as is reasonably possible;

2.    Our obligations under these Terms and Conditions will be suspended and any time
limits that We are bound by will be extended accordingly;

3.    We will inform you when the event outside of Our control is over and provide
details of any new dates, times or availability of Services as necessary;

4.    If an event outside of Our control occurs and you wish to cancel the Contract, you
may do so in accordance with your right to Cancel under sub-Clause
10.3.3.  Any refunds due to you as a result of that cancellation will be
paid to you as soon as is reasonably possible, and in any event within 14
Calendar Days of Our acceptance of your cancellation notice;

5.    If the event outside of Our control continues for more than 2 weeks, We will
cancel the Contract in accordance with Our right to cancel under sub-Clause
10.6.3 and inform you of the cancellation.  Any refunds due to you as a
result of that cancellation will be paid to you as soon as is reasonably
possible, and in any event within 14 Calendar Days of Our cancellation notice.

 

10.  Cancellation

1.    If you wish to cancel your Order for the Services before the Services begin, you
may do so under sub-Clause 4.4.

2.    Once we have begun providing the Services, you are free to cancel the Services and
the Contract at any time by giving Us 24 hours written notice.  If you
have made any payment to Us for any Services We have not yet provided, these
sums will be refunded to you as soon as is reasonably possible, and in any
event within 14 Calendar Days of Our acceptance of your cancellation.  If
We have provided Services that you have not yet paid for, the sums due will be
deducted from any refund due to you or, if no refund is due, We will invoice
you for those sums and you will be required to make payment in accordance with Clause
5.

3.    If any of the following occur, you may cancel the Services and the Contract
immediately by giving Us written notice.  If you have made any payment to
Us for any Services We have not yet provided, these sums will be refunded to
you as soon as is reasonably possible, and in any event within 14 Calendar Days
of Our acceptance of your cancellation. If We have provided Services
that you have not yet paid for, the sums due will be deducted from any refund
due to you or, if no refund is due, We will invoice you for those sums and you
will be required to make payment in accordance with Clause 5.  If you
cancel because of Our breach under sub-Clause 10.3.1, you will not be required
to make any payments to Us.  You will not be required to give
<<insert period>> notice in these circumstances:

1.    We have breached the Contract in any material way and have failed to remedy that
breach within 24 hours of you asking Us to do so in writing; or

2.    We enter into liquidation or have an administrator or receiver appointed over Our
assets; or

3.    We are unable to provide the Services due to an event outside of Our control (as
under sub-Clause 9.2.4); or

4.    We change these Terms and Conditions to your material disadvantage.

4.    We may cancel your Order for the Services before the Services begin under
sub-Clause 4.5.

5.    Once we have begun providing the Services, We may cancel the Services and the
Contract at any time by giving you 24 hours written notice.  If you have
made any payment to Us for any Services We have not yet provided, these sums will
be refunded to you as soon as is reasonably possible, and in any event within
14 Calendar Days of Our cancellation notice. If We have provided
Services that you have not yet paid for, the sums due will be deducted from any
refund due to you or, if no refund is due, We will invoice you for those sums
and you will be required to make payment in accordance with Clause 5.

6.    If any of the following occur, We may cancel the Services and the Contract
immediately by giving you written notice.  If you have made any payment to
Us for any Services We have not yet provided, these sums will be refunded to
you as soon as is reasonably possible, and in any event within 14 Calendar Days
of Our cancellation notice.  If We have provided Services that you have
not yet paid for, the sums due will be deducted from any refund due to you or,
if no refund is due, We will invoice you for those sums and you will be
required to make payment in accordance with Clause 5.  We will not
be required to give 24 hours notice in these circumstances:

1.    You fail to make a payment on time as required under Clause 5 (this does not affect
our right to charge interest on overdue sums under sub-Clause 5.10); or

2.    You have breached the Contract in any material way and have failed to remedy that
breach within 24 hours of Us asking you to do so in writing; or

3.    We are unable to provide the Services due to an event outside of Our control (for
a period longer than that in sub-Clause 9.2.5).

7.    For the purposes of this Clause 10 (and in particular, sub-Clauses 10.3.1 and
10.6.2) a breach of the Contract will be considered ‘material’ if it is not
minimal or trivial in its consequences to the terminating party (i.e. you under
sub-Clause 10.3.1 and Us under sub-Clause 10.6.2).  In deciding whether or
not a breach is material no regard will be had to whether it was caused by any
accident, mishap, mistake or misunderstanding.

 

11.   Communication and Contact Details

1.    If you wish to contact Us, you may do so by telephone on 01626 310 141 or by email
at info@jetcleansw.com

2.    In certain circumstances you must contact Us in writing (when cancelling an Order,
for example, or exercising your right to cancel the Services).  When
contacting Us in writing you may use the following methods:

1.    Contact us by email at info@jetcleansw.com.  

12.   Complaints and Feedback

1.    We always welcome feedback from Our customers and, whilst We always use all
reasonable endeavours to ensure that your experience as a customer of Ours is a
positive one, We nevertheless want to hear from you if you have any cause for
complaint.

2.    If you wish to complain about any aspect of your dealings with Us, including, but
not limited to, these Terms and Conditions, the Contract, or the Services,
please contact Us in one of the following ways:

1.    By email, addressed to info@jetcleansw.com

2.    By contacting Us by telephone on 01626 310 141

13.   How We Use Your Personal Information (Data Protection)

We will only use your personal information to enable us to provide a quote and communication
purposes.

 

14.   Other Important Terms

1.    We may transfer (assign) Our obligations and rights under these Terms and
Conditions (and under the Contract, as applicable) to a third party (this may
happen, for example, if We sell Our business). If this occurs you will be
informed by Us 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 remain bound by them.

2.    You may not transfer (assign) your obligations and rights under these Terms and
Conditions (and under the Contract, as applicable) without Our express written
permission.

3.    The Contract is between you and Us.  It is not intended to benefit any other
person or third party in any way and no such person or party will be entitled
to enforce any provision of these Terms and Conditions.

4.    If any of the provisions of these Terms and Conditions are found to be unlawful,
invalid or otherwise unenforceable by any court or other authority, that /
those provision(s) shall be deemed severed from the remainder of these Terms
and Conditions.  The remainder of these Terms and Conditions shall be
valid and enforceable.

5.    No failure or delay by Us in exercising any of Our rights under these Terms and
Conditions means that We have waived that right, and no waiver by Us of a
breach of any provision of these Terms and Conditions means that We will waive
any subsequent breach of the same or any other provision.

6.    Publicity. Publicising our work helps us to promote our business and gives prospective
customers an idea of what to expect. We reserve the right to display any aspect
of our work as long as doing so doesn’t breach any other agreement we have with
you. This may include publication of photos or videos or any written account
about any job on our website or elsewhere, including social media.

 

15.   Governing Law and Jurisdiction

1.    These Terms and Conditions, the Contract, and the relationship between you and Us
(whether contractual or otherwise) shall be governed by, and construed in
accordance with the law of England & Wales. 

2.    Any dispute, controversy, proceedings or claim between you and Us relating to these
Terms and Conditions, the Contract, or the relationship between you and Us
(whether contractual or otherwise) shall be subject to the jurisdiction of the
courts of England, Wales, Scotland, or Northern Ireland, as determined by your
residency.