TERMS & CONDITIONS – Privacy Policy
STANDARD TERMS AND CONDITIONS OF CONTRACT
Continuing the use of our site means you are agreeing to adhere to and be bound by our terms of business.
RMR Electrical Solutions Ltd is the registered company with whom all contracts are agreements are binding to. 365 is a TRADING name incorporated within RMR Electrical Solutions Ltd.
The contents of the pages on our site may be altered without any prior notice. The information within these pages is solely for informative purposes.
Our calls are recorded to ensure staff training and used as authorisation of works to commence if necessary.
We charge a fixed, agreed hourly rate with prior authorisation of the agreed amount before booking an engineer out to you. (The agreed hourly rate will still apply if our electrician attends site but you no longer require our services due to the problem being sorted, with no prior notice). Once job is booked in, any cancellations are subject to a fee of £45 + VAT.
All prices are subject to VAT.
On acceptance of our quotation and instructions for works to be completed with either a debit / credit card or purchase order, this then becomes an agreement between both parties that you would like the job completed and liable to pay for any job materials required.
Any job materials already ordered before receiving your cancellation will have to be paid for in full.
General
Acceptance of our quotation(s) includes acceptance of the following Terms & Conditions.
Period of Quotation
The Quotation remains open for a period of one calendar month unless previously withdrawn. Thereafter, the Quotation is subject to re-confirmation or adjustment by the Contractor.
Basis of Quotation
All increases in labour and/or material cost arising after the date of quotation may be recovered from the Customer unless the quotation expressly excludes this condition.
The quotation(s) are based on the work being affected during normal working hours, Monday to Friday.
Variations or additional work shall be charged on time and material basis unless subject of a separate quotation accepted by the Customer.
The laying of cables and conduits runs is by shortest practicable routes.
Work by other Trades, any statutory fees, or charges for work done by Supply Authority or Local Authority is not included.
While reasonable care will always be taken, the quotation does not include for incidental redecoration or other works consequent upon the proper execution of the work.
Terms of Payment
Payment in full shall be due on completion of the work and shall be made within 7 days of the date of our invoice or written application submitted by the Contractor.
Where the Contract Period is in excess of 4 weeks, written applications/invoices may be submitted monthly for the total value of work executed – less previous payments – the net amount due to be paid by the Customer within 7 days.
Failure by the Customer to make any payment as aforesaid shall entitle the Contractor to suspend work and/or charge interest on the amount outstanding at 8% above the prevailing Bank of England’s base rate.
Non account customers may be required to make a 30% advanced payment (fully refundable on cancellation) to secure contractual commitments between the Contractor and Customer.
Completion
The Contractor shall endeavour to carry out the work within the period stipulated or, if no period is stipulated, within a reasonable time, but shall not be held responsible for any loss or damage arising out of delay due to any cause beyond the Contractor’s control.
Consequential Loss or Damage
Without prejudice to the Customer’s Statutory rights, the Contractor will pass to the Customer the benefit of any guarantees the Contractor has received in respect of materials supplied by the Contractor and undertakes to repair or, if necessary, replace free of charge any materials or work found to be defective if the defect is due to faulty workmanship by the Contractor, his servants or agents and is brought to his attention within 30 days of the completion of the work, provided nevertheless that:
The Contractor accepts no responsibility for any drawing, design or specification not prepared by him.
The Contractor’s responsibility to the Customer is limited to the fulfilment of the contract in a proper and workmanlike manner and the Contractor shall not be liable for any consequential loss or damage arising out of the execution of the Contract, unless due to the negligence of the Contractor, his servants, or agents.
The Contractor shall not be liable for any wear and tear, loss or damage, direct or indirect, nor for any extra work entailed due to the apparatus being put into operation by the Customer or by the Contractor, his servants, or agents at the Customer’s request before it is handed over for beneficial use.
The repair or replacement of any faulty work or materials shall only be carried out by the Contractor, his servants, or agents; otherwise the Contractor’s warranties as to repair or replacement shall not apply.
The Contractor will take reasonable care but accepts no liability for damage to furniture or other fixtures and fitting which have to be moved by the Contractor or his workmen in order to carry out the Contract Works. Without prejudice to this the Contractor will maintain adequate Public Liability Insurance cover for at least the duration of the Contract.
Design
Any design information carried out or provided by ourselves, remains our copyright and is offered on the basis that the works shall be totally carried out by the Contractor.
Risk and Retention of Title
Risk of damage to or loss of the Goods shall pass to the Customer at:
In the case of Goods to be delivered at the Supplier’s premises, the time when the Supplier notifies the Customer that the Goods are available for collection;
In the case of Goods to be delivered otherwise than at the Supplier’s premises, the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when the Supplier has tendered delivery of the Goods; or
In the case of Goods being installed by the Supplier, the time that the Supplier notifies the Customer that the installation is complete.
Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms and Conditions, legal and beneficial title to the Goods shall not pass to the Customer until the Supplier has received in cash or cleared funds payment in full of the price of the Goods.
Sub-Clause 10.2 notwithstanding, legal and beneficial title of the Goods shall not pass to the Customer until the Supplier has received in cash or cleared funds payment in full of the price of the Goods and any other goods supplied by the Supplier and the Customer has repaid all moneys owed to the Supplier, regardless of how such indebtedness arose.
Until payment has been made to the Supplier in accordance with these Conditions and title in the Goods has passed to the Customer, the Customer shall be in possession of the Goods as bailee for the Supplier and the Customer shall store the Goods separately and in an appropriate environment, shall ensure that they are identifiable as being supplied by the Supplier and shall insure the Goods against all reasonable risks.
In the event that the Customer sells or transfers the Goods to a third party before legal and beneficial title has passed to him under these Conditions, the proceeds of the sub-sale or transfer (or such proportion as is due to the Supplier) shall be held by the Customer on behalf of the Supplier. The Customer shall ensure that such moneys are held separately from, and are in no way mixed with, any other moneys or funds, and that all moneys held on the Supplier’s behalf are identified as such.
The Supplier may, in accordance with the provisions of the Companies Act 2006, register any charge created by these Terms and Conditions.
The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Supplier, but if the Customer does so all money owing by the Customer to the Supplier shall (without prejudice to any other right or remedy of the Supplier) forthwith become due and payable.
The Supplier reserves the right to repossess any Goods in which the Supplier retains title without notice. The Customer irrevocably authorises the Supplier to enter the Customer’s premises during normal business hours for the purpose of repossessing the Goods in which the Supplier retains title and inspecting the Goods to ensure compliance with the storage and identification requirements of sub-Clause 10.4.
The Customer’s right to possession of the Goods in which the Supplier maintains legal and beneficial title shall terminate if:
the Customer commits or permits any material breach of his obligations under these Conditions;
the Customer enters into a voluntary arrangement under Parts I or VIII of the Insolvency Act 1986, the Insolvent Partnerships Order 1994 (as amended), or any other scheme or arrangement is made with his creditors;
the Customer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors;
the Customer convenes any meeting of its creditors, enters into voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of its assets or undertaking or any part thereof, any documents are filed with the court for the appointment of an administrator in respect of the Customer, notice of intention to appoint an administrator is given by the Customer or any of its directors or by a qualifying floating charge-holder (as defined in paragraph 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of the Customer or for the granting of an administration order in respect of the Customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer.
Confidentiality
Each Party undertakes that, except as provided by sub-Clause 15.2 or as authorised in writing by the other Party, it shall, at all times during the continuance of the Contract and [for <>] after its termination:
keep confidential all Confidential Information;
not disclose any Confidential Information to any other person;
not use any Confidential Information for any purpose other than as contemplated by and subject to these Terms and Conditions and the Contract;
not make any copies of, record in any way or part with possession of any Confidential Information; and ensure that none of its directors, officers, employees, agents or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-clauses 15.1.1 to 15.1.4 above.
Either Party may:
disclose any Confidential Information to:
any sub-contractor or supplier of that Party;
any governmental or other authority or regulatory body; or
any employee or officer of that Party or of any of the aforementioned persons, parties or bodies;
to such extent only as is necessary for the purposes contemplated by these Terms and Conditions and the Contract, or as required by law, and in each case subject to that Party first informing the person, party or body in question that the Confidential Information is confidential and (except where the disclosure is to any such body as is mentioned in sub-Clause 15.2.1.2 above or any employee or officer of any such body) obtaining and submitting to the other Party a written undertaking from the person in question, as nearly as practicable in the terms of this Clause 15, to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made; and use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is at the date of the Contract, or at any time after that date becomes, public knowledge through no fault of that Party, provided that in doing so that Party does not disclose any part of that Confidential Information which is not public knowledge.
The provisions of this Clause 15 shall continue in force in accordance with their terms, notwithstanding the termination of the Contract for any reason.
Website Privacy Policy
This privacy policy sets out how 365 Electrician uses and protects any information that you give 365 Electrician when you use this website.
365 Electrician is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
365 Electrician may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 25/05/2018.
What we collect
We may collect the following information:
name
contact information including email address
demographic information such as postcode
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and for the following reasons:
Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
We use google analytics code which helps us in measuring the incoming traffic and the data is collected by Google.
We also use third party plugins which protects the website from hackers and track the visitor moment and activity on the website. Some plugins also use javascript cookies to track the moment of the visitors.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that
you do not want the information to be used by anybody for direct marketing purposes
If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info@365electrician.co.uk
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. If you would like a copy of the information held on you please write to
RMR Electrical Solutions Ltd
3 Oswin road,
Leicester
LE3 1HR
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.
365 Electrician is just a domain name incorporated within RMR Electrical Solutions Ltd
Communications
- All notices under these Terms and Conditions and under the Contract shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
- Notices shall be deemed to have been duly given:
- when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or
- when sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or
- on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
- on the tenth business day following mailing, if mailed by airmail, postage prepaid.
- All notices under this Agreement shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party
- Force Majeure
Neither Party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question. - Waiver
The Parties agree that no failure by either Party to enforce the performance of any provision in these Terms and Conditions or under the Contract shall constitute a waiver of the right to subsequently enforce that provision or any other provision. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver. - Severance
The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions or the Contract are found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (and, by extension, the Contract). The remainder of these and the Contract shall be valid and enforceable. - All calls are recorded for training and monitoring purposes.
- Third Party Rights
A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999. - Please be aware all our calls may be recorded for training and monitoring purposes.
- Law and Jurisdiction
- These Terms and Conditions and the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
- Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions or to the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
