TERMS & CONDITIONS OF USE
Access to and use of https://www.mrhandylocal.com (“this website”) and the Services made available through this website are being provided by Mr Handy.com Ltd, Licence holders, and or associated companies. (hereafter “we/ us”) subject to the following terms:
GENERAL TERMS & CONDITIONS
As used in this contract, “we” and “us” means the franchisee, and or Mr Handy.com Ltd and or associated companies; “you” means the customer identified on the invoice; “work” or “job” means the services we agree to provide as described on the invoice ; and “job site” means the house, apartment, building, or other real property where we are to perform the work. This document is a legally enforceable contract that includes all of the terms and conditions. By booking our Handyman services and paying of the first hour / booking fee of this contract, you authorise us to perform the work at the job site / your home and or property, and you agree as follows: You will pay us immediately upon completion of the job and presentment of an invoice, unless we agree to other arrangements in writing. If you do not pay all charges at the time the job is completed, you must pay a late charge of £25.00 plus interest on the amount you owe at the rate of 8% over the Bank of England base rate per month from the date the job was completed. If your credit card payment is returned unpaid by your bank, you must also pay us a £30.00 processing / administration charge and reimburse us for any bank fees caused by your returned payment. If works are cancelled, and we have dispatched and operative, and or arrived at your property then a cancellation / processing fee will apply as 50% of the original booking fee. We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material and or content on our site may be out of date at any given time, and we are under no obligation to update such material.
We offer the following limited warranty in connection with the job: “We warrant that all labour we provide in connection with the job will be performed in a workmanlike manner and will be free from material defects for a period of one year after the date the job was completed.” This limited warranty is void if you do not pay all charges for the job immediately payment becomes due or if you breach any other provision of this contract. We do not warrant any equipment, fixtures, fittings, materials, or other goods, whether provided by you, us, or another party. Except as expressly stated above, we disclaim allotter warranties, express or implied, including warranties of merchantability, fitness for practical purpose, good workmanship, course of dealing, and usage of trade. You are solely responsible for obtaining any building permits / permissions either from the home owner, property owner, landlords and or managing agents if applicable or required for the job. We maintain liability insurance, but we do not maintain insurance that covers our work product. We are not responsible for moving any personal property in or around the job site in order to perform the work, but we may do so if we determine it necessary in order to perform the work, and if we do, we will not be liable to you or any other person or organisation for any damage to any personal property. We are not responsible for delays caused by adverse weather conditions, acts of God, labour disputes, unavailability of materials, conditions of the job site that were unforeseen or hidden at the time this contract and our services were booked, or other conditions not within our direct control. If we encounter any unexpected or hidden pre-existing conditions, problems, or damage that would necessitate a material increase in the amount of labour or materials required for the job, then we have the right to terminate this contract. If we do, you will be obligated to pay the full price of all our labour and materials performed up to that point. You warrant that you are the owner, or are entitled to legal possession, of the job site / property / building, and that you have the power and authority to enter into this contract and to authorise us to perform the work at the job site / property. If your spouse is an owner of the job site / property, then you also represent that you are authorised to enter into this contract on behalf of your spouse and you agree, for yourself and for your spouse, that you and your spouse are jointly and severally liable under this contract. “Jointly and severally liable” means that each of you is legally responsible for 100% of the customer’s obligations under this contract, not just a pro-rata portion. If a business entity or other organisation owns or is entitled to legal possession of the job site / property, then the person signing this contract represents that he is authorised to enter into this contract on behalf of the organisation. This contract may be amended by a written only by Mr Handy.com Ltd. This contract constitutes the entire agreement between the two of us relating to its subject matter; any prior agreements and understandings are hereby superseded and merged into this contract. Each party’s respective rights, obligations and remedies relating to the work and the relationship between you and us will governed solely by the terms of this contract, and each party waives and relinquishes all present and future claims in tort against the other party relating to the subject matter of this contract. This contract is binding upon and inures to the benefit of each party and its respective legal representatives, successors, heirs and assigns. Neither you nor we may assign our rights or obligations under this contract, including any warranties made by us, without the other party’s prior written consent. If any provision of this contract is held to be illegal, invalid or unenforceable, that provision will be deemed to be modified to the extent necessary to permit its enforcement to the maximum extent permitted by applicable law, and the remaining provisions of this contract will not be affected. Except for express warranty claims, any claim arising under this contract, from any act or omission of our employee or agent, or relating to any work we perform is automatically released and discharged without any further action unless an action based upon the claim is commenced within 1 year after the dat the job is completed. You must provide us with written notice of any warranty claim, of any other claim relating to this contract or the breach of this contract, or of any damage to the job site allegedly caused by us or our employees or agents, within 7 days after completion of the works and or we leave the job site / property after you discover the claim or damage. You may not commence any legal proceeding relating to the claim for 90 days after we receive your notice of the claim, to give us an opportunity to investigate the claim. You agree that, if you fail to provide us with notice, or if you, before the end of the ninety-day period, alter, repair, or replace any of the work or materials we provided, or any system or component of the job site (or the structure in which the job site is located) that may have a bearing upon the claim (except as may be necessary to prevent further damage to the job site or structure), which prevents us from independently verifying the existence or extent of the claim, then you will be deemed to have irrevocably waived and released all claims, rights, or actions against us and our employees, agents, officers, directors, shareholders, members, partners, affiliates, licensors, successors, heirs, assigns and legal representatives, relating to that claim. You will not directly employ, offer to directly employ, directly pay, or otherwise directly retain any employee of ours to provide construction, remodeling, repair, maintenance, or handyman services to or for you or any property you own. Any work performed in violation of the preceding sentence is not warranted by us. You acknowledge and agree that: (1) we, Mr Handy Local Ltd and or associated companies are an independently-owned and independently-operated licensee of Mr Handy.com Ltd; (2) we are not an employee, partner or agent of Mr Handy.com Ltd; (3) we are not authorised to make any contract, agreement, warranty or representation on behalf of Mr Handy.com Ltd; (4) you will have no recourse against Mr Handy.com Ltd, and Mr Handy.com Ltd will not be liable to you – for any obligation, act or omission of ours or for any breach of this contract by us; and (5) you may not assert or commence any claim, demand, legal action or cause of action (whether for negligence, breach of contract, breach of warranty, fraud, unfair trade practices, breach or violation of a consumer protection statute, or otherwise) against Mr Handy.com Ltd for any damage or loss sustained by you as the result of the breach of any provision of this contract, or any act or omission by us.
We, through this website, are providing you with information about services offered by independent service providers who have joined us as our franchisees (“Associate Service Providers”) or our Preferred Service Providers. Any information about these Associate Service Providers or Preferred Service Providers is being provided by the concerned Associate Service Provider and the Preferred Service Providers itself. We do not endorse, recommend or otherwise vouch for the services provided by any specific Associate Service Provider or Preferred Service Providers. We do not intend to provide any advice about the services offered by any of the Associate Service Providers or Preferred Service Providers. We strongly recommend that You should review the nature of services provided by a specific Associate Service Provider or a Preferred Service Providers, their service areas, their prices and any other information about them available through this website, before you avail their services.
You shall use this Website and the service offered herein only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this website by any third party. Such restriction includes, without limitation, unlawful conduct; breach of third party’s intellectual property rights; conduct causing distress, inconvenience or harassment to any person; or disruption to the operation of the website. The customer shall indemnify Mr Handy.com ltd and all licence holders and or associated companies against all actions, suits, claims, demands, losses, charges, costs and expenses which Mr Handy and associated companies may suffer or incur in connection with a claim by any third party resulting from a breach of the customers obligations, undertakings, representations and warranties in connection with this and any contract, or non payment. The Customer must let our operatives know of any dangerous areas on the job site, gases, liquids or other materials or of anything which the customer believes may present a hazard or danger to any of our operatives who are due to carry out the works before such work is started
We grant You a limited license to access and make personal use of this website. This use does not authorise You to download or modify any portion of this Website, except with express written consent from us. This license does not include any resale or commercial use of this website or its contents. This website or any of its portions may not be reproduced, duplicated, copied, visited, or otherwise exploited for any commercial purpose without first obtaining express written consent from us.
If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure. You should immediately inform us if you suspect that integrity of your password has been compromised.
We do not sell any services or products for children. By accessing this website and its services you consent that you are 18 years of age or older. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel service requests at our sole discretion, if we ever find that You have provided false information to access this website or to use the services available through this website.
FEEDBACK, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You are encouraged to provide feedback about your experience with this website and the services you use. These comments, once provided, become our property and can be used in marketing materials, such as but not limited to marketing information available on this website, printed publications and other materials. By posting your information, You agree to allow us to freely use this information without any restrictions.
PRICING & REFUNDS
We may recommend pricing of services available though this website. These recommendations are made for the purpose of giving you some indication of the general price you should expect to pay for services from us, any Associate Service Providers or any Preferred Service Providers. However, we do not and cannot control the pricing provided by any of the Associate Service Providers or any Preferred Service Providers. Therefore, you are responsible for reviewing the pricing with your chosen Associate Service Providers or Preferred Service Providers. For specific information on the recommended pricing, see details in the FAQ section of this website.
Unless otherwise stated, all payments are quoted in GBP Sterling (pounds). You are responsible for paying all fees, invoices, charges and or applicable taxes / vat associated with use of our services in a timely manner with a valid credit card / debit card payment method. If your payment method fails, we may collect additional fees, costs and interest owed using other collection mechanisms.
Despite our efforts, we do not warrant that the prices published on this website, and or any other marketing media are correct. You are, therefore, advised to confirm the prices before availing any services from us or a Associate Service Provider or Preferred Service Providers.
We, Associate Service Providers or Preferred Service Providers may offer refunds if you are not satisfied with any of the services availed by you from us, Associate Service Provider or Preferred Service Provider. Please note that any refund request made by you must be genuine and is subject to our written approval. Please contact us at firstname.lastname@example.org to request a refund.
COPYRIGHT & TRADEMARKS
The names, images and logos identifying us and our services are our proprietary marks or of Associate Service Providers or Preferred Service Providers. Mr Handy.Com Ltd, and or associated companies the Mr Handy logo, the Mr Handy logo and other marks, tag lines from this and other brands indicated on this website, and or marketing media are registered trademarks of Mr Handy.com Ltd.
You also represent and warrant that you either own or have the right to the material (including the images) that you provide us for the purpose of availing our services. If you are found to be in breach of this part of these terms, as a result of which any claim is made against us, you shall defend, indemnify and hold us harmless from all such claims and any losses, damages, penalty, reasonable legal fees, etc., arising thereto.
The reproduction or transmission of all or part of the work, whether by photocopying or storing in any medium by electronic means or otherwise, without the written permission of the owner, is prohibited. The commission of any unauthorised act in relation to the work may result in civil or criminal actions.
THIRD PARTY WEB SITES & LINKS
This website and the information, names, images, pictures, logos and icons relating to this website, products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis. We shall not be liable for any direct, indirect, incidental, special, or consequential damages. This includes, without limitation and even if we have been advised of the possibility thereof, any damages for loss of goodwill or any and all other commercial damages or losses including loss of profit, that result from the use of, or inability to use our services. You agree that the information available on this website may have omissions, errors, interruptions, delays of service or performance, defects, harmful components, viruses and or bugs, etc., on which we may not have any control.
To the extent permitted by law, we do not accept any responsibility or liability arising out of or in relation to the accuracy or completeness of the information contained on this website or any other information, howsoever provided to you. The information included on this website may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through this website. You acknowledge that any reliance on any such statement or information shall be at your sole risk. We fully reserve the right, in our its sole discretion, to correct any errors or omissions in any part of this website and to make changes to this website and to the materials, products, services described in this website at any time without notice.
Certain country and or state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including – loss of income or revenue, loss of business, loss of profits or contracts, Loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
If You have a dispute with one or more Associate Service Providers or Preferred Service Providers, you release us (and our officers, directors, agents, subsidiaries, joint ventures and or employees) from all claims, demands and damages arising out of or relating to such disputes.
VIRUS, HACKING & LINKS
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
We will collect personal information about you that you may provide us from time to time and or while availing our services. Protecting your personal information is important to us. We will handle all your personal information strictly in accordance with the applicable privacy laws.
LAW AND JURISDICTION
The laws of England shall govern this website, its contents (including these terms and conditions) and any products and/or services that are supplied by us from this website and both parties agree to submit to the exclusive jurisdiction of the courts of Nottingham, England only in relation to all matters arising there from.
Any and all disputes arising out of or relating to your visit and access to this website or to services shall be submitted to confidential arbitration in Nottingham, England. Arbitration under this agreement shall be conducted under the rules then prevailing of the English Arbitration Association. The arbitrator’s award shall be final and binding and the prevailing Party may enter the award as a judgment in any court of competent jurisdiction.
Because We are not an agent, either of you or of Associate Service Provider or of Preferred Service Providers for any purpose, We will not act as either party’s agent for resolving any disputes relating to or arising out of any services availed by you from Associate Service Providers or Preferred Service Providers.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
When you visit this website or send e-mails to us, You are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
JURISDICTION & APPLICABLE LAW
With the development of a proper customer feedback system, we see to it that all your queries are handled in a consistent and fair manner. We are open to suggestions, if any, as they are necessary for the betterment of our services. Feel free to e mail us at email@example.com
OUR HEAD OFFICE ADDRESS
1 Amelia Court Business Park
If you have any concerns about material which appears on our site, please contact us at the address above in writing
Thank you for visiting our site.