Our Terms and Conditions
The way in which anybody may make use our website or services is covered in this document and no conduct of ours shall constitute acceptance of any terms put forward by you.
We reserve the right to license, grant, and transfer or assign any or all of our rights here under without having to obtain any further consent from you or any third party.
A: OUR SERVICES TO YOU
You accept these service terms and conditions when you request us to book you in for a job so please do read them carefully.
A job is booked in when you send us written or emailed instructions to book you in to our works diary or a purchase order.
A1: Your responsibilities:
1. You agree that you will keep all correspondence or other information that we covey to you confidential.
2. You agree that you have the legal right and all permissions and insurance necessary to enter into this contract.
3. You agree that no behavior of ours or these terms constitutes create any partnership or employment relationship between the parties
4. Please make sure that you have given the correct description, dates and location (including full address and contact details for the days on site) for the job.
5. Please make sure that any modification of this once we have booked your job in is sent to us in time for us to consider and agree, please remember that modifications may require additional charges to be agreed and possibly paid before we can send our personnel/equipment to site.
6. Please check the confirmation of your order that we send to you is as you expected and notify us immediately of any discrepancies.
7. If you do not receive confirmation of your order please contact us immediately, we will not be liable if you think you have booked in a job but you have not received a confirmation email or letter from us to confirm this. We may not confirm a job until we have received a purchase order and may book the dates to another client, with no liability to you.
8. We base our quote on the description of the work required that you give us. Dishonestly or misinterpretation about the extent or nature of the work required will incur extra charges, or cancellation with full payment still due at no liability to ourselves.
9. Please make sure that you have given full details of any access requirement, including but not limited to: security arrangements, limited physical access or other special arrangements that could prevent our personnel entering site or continuing to work efficiently. You must ensure that any access documents or permissions are in place before our personnel travel to site and must request any information you require from us to assist you with this at least 2 weeks before the job starts to allow us reasonable time to supply the information requested. If you are unaware of circumstances before 2 weeks do let us know and we will try and assist you as much as we can.
10. You must ensure that the correct loading spaces, power supplies, storage areas and other such items that are essential to the running of the job are in place to allow our personnel to work freely and safely.
11. You must ensure that the room/rooms or space where our personnel is required to work are freely accessible, failure to gain entry will result in the full charges being applied even if we are unable to fully complete any aspect of the job.
12. You must ensure that the equipment that we need is freely accessible, failure to gain entry to equipment or failure of delivery of equipment on site on the correct day and time will result in the full charges being applied even if we are unable to fully complete any aspect of the job.
13. Sometimes things don’t go to plan on site. Please let us know in advance if the site is not going to be ready for our staff to work. We may need to charge anyway, particularly if it is last minute, but will if possible try to arrange a better time. You should be aware though that any supplies which are booked to arrive on site that day will be your responsibility and any cost we incur will be charged to you. If the delay is down to another party you will still need to pay us and at your discretion seek compensation from them.
14. You must ensure that all health and safety procedures and site safety is in place. If in the opinion of our personnel the site is unsafe they may leave and still charge the full rate with no liability or refund. We can supply you with written confirmation of why we felt the site was unsafe on request.
15. Failure to comply with the above terms in Section A1 may result in us having to charge for days when we are not able to get on site or complete works and additional costs as necessary. We will have no liability for any damages to you and no refunds will be given in such circumstances.
A2: Limitations and sub-contractors:
1. Unless expressly stated by us on our order confirmation and correctly charged our personnel will not be responsible for managing any staff, liaising with clients or contractors in a supervisory/advisory manor or receiving any equipment to site.
2. If we do receive any equipment on site we can only sign for the packages uninspected and cannot be responsible in any way for the correctness or quality of what has been ordered unless we have ordered it as part of the services and goods we are supplying to you.
3. Our personnel carry a basic tool kit only; you must ensure that any specialist items are on site at the correct time. Our personnel may carry some spares of various items, if used during the job due to the correct items not being supplied we may make a charge for the restocking of these.
4. We cannot be held liable for the failure of any equipment on site for any reason other than via proven negligence of our personnel. Our time will still be payable in the event of a system or equipment failure that is not the proven direct results of our employees actions.
5. Our normal day rate covers a 10 hour day; this includes travel to and from site from our registered office. We will advise you at the time of your order or enquiry of what a reasonable travel time is likely to be as advised by google maps/national rail. If you require our personnel on site during unsociable hours or for longer than our 10 hour standard day then please let us know so we can quote accordingly.
6. Our personnel will always set out in plenty of time to arrive at the agreed time on site. We however cannot be liable for traffic problems, train delays and other instances such as bad weather that may prevent us from arriving on site at the correct time or at all. We reserve the right if our personnel feels that their travel time will prohibit them getting to site or leaving site at a reasonable/safe time to cancel the job, we will where possible try to rearrange services for a mutually beneficial time in this instance, and will not charge if there are no changes to the work required at that time. No further liability including loss of income, damages, consequential loses etc. will be included by us in circumstances beyond our control.
7. We may employ sub-contractors to perform all or some of the work agreed.
8. No parties shall be liable for anything reasonably deemed force majeure
9. We will not be responsible for removal of rubbish and or unwanted equipment from site or your office this includes but not limited to product packaging.
10. We do not offer any maintenance or upkeep service unless agreed in writing in advance.
A3: Cancellations by you and complaints
1. If you need to cancel please let us know as soon as you can. If the cancellation occurs more than 8 weeks before the job is due to start we will not make any charges. After this charges will be as follows:
8 weeks – 4 weeks - 30% of quoted rate
4 weeks – 2 weeks - 60% of quoted rate
Under 2 weeks full charges will apply
1. Please note, you will still be fully liable for the cost of any equipment/services or extra staff that we have ordered on your behalf where we cannot cancel with no cost to ourselves and might incur an additional restocking fee. If the equipment cannot be cancelled and you are required to pay we will where possible arrange delivery to your office.
2. Our personnel will try and fulfill the job that you have requested to the best of their abilities. We do take complaints seriously and would ask that you follow the following procedure so we can deal with the matter as quickly as possible.
3. If you feel that any of our personnel or sub-contractors are on site and acting in a manner that is dangerous or generally un-acceptable please email or call us immediately using the contact details on your order confirmation.
4. Any other complaints should be sent by recorded delivery post to our registered office, please let us know if you need the address.
5. Damage/negligence must be proven and full proof including photographs, dates, times and full details of the complaint plus any witness details should be sent to us. Please explain why it is the neglect of our staff entirely and no other person or company that has caused the damage.
6. We will consider your claim and reply within 2 working weeks.
7. When considering installation work you agree that all purchase of equipment and supplies are made on your behalf. Whilst we will do our best to help and correct issues at our discretion - guarantees or failures should be dealt with by the manufacture and yourself.
8. We shall not be responsible for any liability in relation to bought goods or third party services or suppliers. Any assistance provided in resolving a complaint in relation to your job with third parties is provided on a goodwill basis only and at our discretion.
9. In the event of any claim being brought successfully by you against us the amount of compensation that may be claimed is to be limited to the amount of monies paid by you to us for supply of personnel on site, this does not include the value of any monies we may collect or hold on behalf of third parties, for equipment purchase, suppliers or services.
10. Equipment/Supplies ordered for your job can not be refunded but will be delivered to your office.
11. No compensation shall be payable for hurt feelings, consequential loss, damaged reputation, or distress caused to any person whatsoever.
A4: Payments and Termination
1. In the instance where we are required to book in advance any services/staff or pay for equipment or goods on your behalf we require 40% payment before we can consider a job booked and start ordering equipment etc. please ensure prompt payment to allow us to order equipment in time. Delays in payment may result in delays on site and we will not be liable for this and will still charge in full.
2. Otherwise payment should be received no later than 30 days after invoicing, after 40 days we will start to charge interest as per the details on our invoice and after 60 days we will cancel your account and may seek to claim the monies owned to us via appropriate channels which may incur additional costs to you.
3. All payments are subject to VAT
4. Termination of the agreement will be deemed to be when the job is finished and all monies have been received by us.
5. Termination may also occur:
5.1. If the agreement is breached, you agree to pay us immediately any outstanding balances and indemnify us, our licences, assigns, successors and agents against any action, claim, proceedings, demands, loss, damage and any costs or legal expenses incurred by us as a result of any breach by you of your obligations under the terms of this Agreement.
5.2. If either party is declared bankrupt or insolvent
1. Payment is in UK Stirling only, any bank charges will be your responsibility.
2. If you request us to send items or services to non UK destinations and/or Northern Ireland you are responsible for all shipping charges, taxes, local legal requirements and checks.
3. No set off, counter claims or withholding of monies by you will be accepted.
B: CONDITIONS OF HIRE AND/OR SUPPLY OF GOODS
1. Any equipment/goods supplied remain the property of T-AV Services unless a sale price has been agreed and full payment has been confirmed as received by us. Hired equipment/goods will always remain our property.
2. Once equipment/goods have been delivered to you, you agree to keep them safe on a fiduciary basis. Please make sure you have a person on site who can accept goods on your authority.
3. You agree not to allow equipment/goods that are considered our property as per 1. to be sold, confiscated or otherwise taken from the location we have agreed with you or to cover all our losses should you fail to protect them.
4. You agree to take adequate measures against theft and/or other risks and keep all equipment/goods in a suitable environment.
5. You agree not use equipment/goods for an unlawful purpose.
6. You agree to supply all power however it is required for equipment/goods at your own cost and guarantee that you will use the correct type of power supply or propellant.
7. You agree during a hire period not to remove labels on equipment/goods identifying them as our property.
8. If hiring equipment/goods you must get insurance to the reasonable value that a prudent business would insure the hired equipment/goods at. All proceeds from a claim made on this insurance must be paid to us on demand.
9. We leave instructions as to the care and use of Hire equipment/goods. Please follow these carefully and pay particular care to health and safety. If during a hire period you are unsure of anything please contact us immediately and we will respond as soon as we can during working hours. To the fullest extent permitted by law we will not be liable for any damage caused by you or to you, your employees, sub contractors, visitors, guests or anybody you allow to use the equipment/goods incorrectly or unsafely and we may seek to claim damages including loss of earnings.
10. If you feel for any reason that the equipment/goods are unsafe please stop using with immediate effect and contact us.
11. Whilst on your premises and/or during the hire period you agree to allow us or our agents to carry out any equipment/goods checks as required by law or otherwise on equipment/goods that belong to us.
12. Whist in your possession any repairs not expected through general wear will be at your cost. Please do not attempt to repair equipment/goods yourself during a hire period.
13. If for any reason we feel that any equipment/goods that is ours is in danger of, or has been already been misused or damaged, we or our agents may at any time with no reference to you enter the place where the equipment is being kept to inspect and/or remove the equipment. We may also do this if we believe that there is a chance that we will not be paid the correct sale or hire fee, this would include but is not limited to, a time where it seems that your company may be wound up or lack funds to pay creditors. No refund or damages would be paid to you in such circumstances.
14. You agree to return all equipment/goods in good working order with all documentation and reasonably clean, with only fair wear tear. We may make a charge for lost documents and equipment/goods returned that is unreasonably dirty.
15. If any of the equipment or goods supplied to you is returned damaged beyond repair in our opinion, you agree to replace this equipment on an old for new basis. We will provide receipts on request.
16. If hire equipment/goods are not returned on the correct and agreed date then the hire continues and each day is chargeable at the quoted rate plus loss of income from any existing contracts that required that equipment/goods.
17. We take steps to ensure the accuracy of descriptions and details of equipment/goods supplied to you but we rely on information as may have been provided by suppliers or manufactures and can accept no liability for any error or omission in such detail.
18. We may give advice on what equipment/goods you may need but ultimately the decision is your own and you should ensure that you are happy with your choice as we will not be liable for any loss or damages should this choice prove to be insufficient for your needs or incorrect in some way.
19. Software programs are supplied on the strict understanding that we do not warrant their function to be free from defects, error, virus or other harmful material.
20. We endeavor to provide the correct quality equipment/goods to the specification agreed, on the correct date; however we can not be liable for failure of equipment/goods for any reason.
21. We will always try to replace or repair faulty equipment/goods at the earliest opportunity but please note that there will be reasonable time constraints and some faults are covered by the manufacture guarantee or terms and we will be governed by these, we can not be liable for any distress or damage that this may cause. We may attempt to put a temporary measure in place until the correct part/equipment is again available but this is at our discretion and you accept we have no liability if we do this.
22. We will endeavor to transfer to you the benefit of any warranty or guarantee given by the manufacturer of equipment or good supplied. Not all equipment/goods however are supplied with a manufacturer's guarantee and guarantees which may be provided by manufacturers will vary in duration. It is your responsibility to check at the time of purchase as to the applicability and validity of any manufacturer's guarantee.
23. If we have put together some equipment/goods for you we will hold the manufactures original packaging for no longer than 14 days. Please inspect the equipment/goods delivered to you as soon as possible and within 7 working days to report any faults, we will acknowledge the fault by email so please contact us immediately if you do not have fault reporting acknowledgement. If you receive equipment/goods directly we strongly advise that you keep all original packaging until you are satisfied that there are no faults.
24. In vary rare circumstances we may, solely at our discretion, agree to accept a sale item on return, however this would be subject to a restocking fee.
25. Quotes are only valid for 7 days.
26. Please note that stock availability is subject to change with no notice. At the time of your quote stock has been confirmed but we can not guarantee the availability of any equipment/goods until it has been purchased. We may reasonably substitute some equipment/goods if for some reason they become unavailable but we would endeavor to supply something that is of approximately the same value and quality in our opinion.
27. If we can not supply something similar we may attempt to put a temporary measure in place until the correct part/equipment is again available but this is at our sole discretion and you accept we have no liability and may be limited by manufacture problems.
28. If you are hiring and do not confirm your order (and pay any agreed monies) we will hire the equipment to another customer without giving you notice and will not be liable for any damages this may cause you.
29. During our installation you may make requests including but not limited to asking for additional equipment, making changes to the set up or the purpose of the installation. We may ask you to confirm this via email or by an On Site Signed Request Form before we carry out those requests and would urge you to make sure this is done promptly to allow work to carry on as quickly as possible. Failure to confirm a request (or pay for additional equipment/goods or services as necessary) may result in delays and we will not be liable for that.
30. In the course of our installation you may request that we make changes to equipment/goods that would invalidate a manufactures warranty/guarantee. After you have made this request you accept that if the equipment/goods are then faulty we consider that the manufacture warranty has been invalidated by you and we can not be liable for this or any damages or distress that this may cause.
31. For hire situations the duration of this agreement is as agreed on your hire documentation as supplied by us. Where the hire is to an individual and the hire would be covered by the Consumer Credit Act 1974 the duration of the hire shall not exceed 3 months. Accordingly the hire is not covered by the act 1974.
C: OUR WEBSITE
1. Please read these terms carefully before you use the site. We may change these terms at any time without notice, so please do make sure you check them regularly. By using the site you confirm that you accept these terms and that You agree to abide by them. If you do not agree to these terms please stop using the site immediately.
2. We endeavor to give the most accurate information but all material is for guidance purposes only and you should check and ask for confirmation in writing for any specific details.
3. When using our website you agree not to copy any content or code without our express written permission.
4. You agree not to try and access our databases or any other restricted part of our website or files.
5. When using our website you agree to take every care not to introduce any malicious or technologically harmful material to the site.
6. You agree not to use our website to endorse any product, idea or material unless we have expressed our agreement for you to do so in writing and the correct fee has been paid.
7. You agree not to use our website in any fraudulent or unlawful way, not to use it to incite hatred, cause offense or harm, not to use it to represent any political view or pass on, publish or receive any unwanted (spam), political, violent, offensive or harmful messages or information.
8. You agree not to use our website to publish, pass on, or receive any information which is dishonest or which contravenes any intellectual property laws or rights.
9. We may change our site at any time and we may at any time suspend its operation. We will not be liable for any loss or damages that this may cause.
10. You may wish to link to our website. This is possible as long as all the following conditions are met:
10.1.You wish to do so for fair and legal reasons
10.2.You agree to uphold and safe guard our reputation at all times
10.3.You own the website you wish to link from or have permission from the site owner to do so
10.4.The link does not imply any endorsement by us of your products, websites or other materials or any affiliation or association where none has been agreed by us in writing
10.5.The link will in no way hinder our opportunities, revenue or other business activities
10.6.You notify us that you have set up a link
10.7.You have paid the appropriate fee
1. If you are found to be in breach of any of the terms your right to use the site ceases with immediate effect. We will not have any liability for any refunds or loss or damages that may result from this.
2. If we consider your breach of our terms to have caused us loss or damage we may, without prejudice, seek indemnity or reimbursement for the loss or damages and any reasonable legal or administrative costs from you as permissible by law.
3. We will cooperate with any third parties or law enforcement bodies should it become apparent that you may have breached the law (for example, uploading malicious information, harmful technological material or unlicensed images) or if we have to by law. This may include supplying them with your personal data.
4. If you notice any errors or you feel that any part of the site or our correspondence is misleading please contact us immediately using the contact details on the website.
D: YOUR PRIVACY
1. Our data controller is T-AV-Services, Company number 8779995
2. We respect your right to privacy.
3. We store data about you for the purpose of being able to supply you with best service. We may also use data about you to assist us with our marketing strategy and statistics.
1. We would supply your data to any third party only in the following ways:
4.1 When you contact us to request information, products or services, in which case we may need to supply some of your details to a third party to allow you to gain access to the information, products or services that you need.
4.2 When required to do so by law.
4.3 If we sold part or all of our company – in this case all our data files would be transferred to the new owner.
1. Unfortunately we cannot stop any of our suppliers sending any unwanted communications (spam).
2. If we supply you with an option to sign up for our newsletter. You can opt out of this at any time by contacting us using the contact details on the website or following the unsubscribe process as detailed on the communications that we send you.
3. If you feel that you are receiving information from us mistakenly please do contact us immediately using the details supplied on the website so we can rectify this.
4. We do store all communications to us in case we need them for future reference. The transmission of information is not completely secure and we cannot guarantee the security of your data during transmission.
5. We use a proprietary computer security system and a password protected email to prevent data being taken from our systems.
7. Our websites are however linked to an analytical profiler and we do see general data about IP address and location of enquires with reference to statists about how people use and view our site but no personal data is given or recorded.
8. You can ask to see the data that we hold about you – please contact us using the contact details given on the website. There is an administration charge of £35.
E. APPLICABLE LAW AND JURISDICTION AND RESTRICTION ON ASSIGNABILITY
1. These Terms and Conditions are subject to English law. The formation, construction, and performance these Terms and Conditions shall be governed in all respects by English Law. Only the English courts shall have jurisdiction to decide any dispute arising out of or in connection with the formation, construction or performance of these Terms and Conditions.
2. These Terms and Conditions of Use may not be varied except in writing between the parties.
3. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Terms and Conditions and the remainder of the provision in question shall not be affected.
4. If a sub-clause in any provision of these Terms and Conditions is held invalid or unenforceable this shall not affect the validity or enforceability of any other sub-clause.
5. If any term of these Terms and Conditions shall be found to be void or invalid then that term shall be severable and shall not affect the enforce-ability or validity of any other term of the agreement and as such the agreement shall continue in full force and effect.
6. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions and no person who is not a party to these Terms and Conditions (other than a successor in title to one of the original parties) shall enforce or receive any benefit from any provision of these Terms and Conditions pursuant to the provisions of the said Act. Nothing in these Terms and Conditions shall confer any rights on any third party.
7. Any waiver of any term or terms of these Terms and Conditions shall not constitute a permanent waiver of any condition so waived or a waiver of these Terms and Conditions.
8. You shall not without our prior written permission assign the benefit of these Terms and Conditions or any part thereof to any other person or company.
9. Spelling, gender pronouns and plural or non-plural forms, or headings do not have a legal effect on these Terms.