Terms and Conditions
Definitions
“nicenstripy” means all companies trading under the nicenstripy name and who are licensed to do so by nicenstripy Gardencare Limited.
“The Company” means any nicenstripy franchisee operating under licence by nicenstripy Gardencare Limited.
The “Customer” means the individual person, company or other party with whom nicenstripy contracts.
The “Services” means the work or services to be provided by nicenstripy under this Contract.
The “Contract” means any agreement made between nicenstripy and the customer for the provision of the services.
The Contract
Acceptance by nicenstripy of instructions from a Customer to provide Services at a stated fee rate shall be deemed to form a Contract to be effective from the date of receipt by The Company of instructions to proceed. Instructions may be given and/or accepted verbally and will be deemed as forming the Contract.
The Contract will be in accordance with the following terms and conditions of business, and any additions or variations as shall be specifically stated or accepted in writing by nicenstripy.
Any representation or warranty whether oral or in writing made by or on behalf of nicenstripy or any information provided by or on behalf of nicenstripy prior to the date the Contract is made is hereby expressly excluded and shall be of no effect.
nicenstripy reserves the right to assign, sub-contract or sub-let the Contract or any part thereof.
nicenstripy shall not be prejudiced by any forbearance or indulgence granted to the Customer and no waiver of any breach on the part of the Customer shall operate as a waiver by nicenstripy of any further breach.
Fees
No charge is made for an initial exploratory meetings and quotations are provided free of charge.
Fees are charged on a per job basis.
All fees are in accordance with the nicenstripy Fee Structure, but nicenstripy reserves the right to alter the fees at any time should it deem necessary. Any changes in Fees would be deemed a break in the existing contract and a new contract would be formed if accepted.
Any and all products provided by nicenstripy remain the property of nicenstripy until payment in full is received by the company.
Payment becomes due on presentation or date of the Invoice. nicenstripy reserve the right to charge interest at the base rate prevailing at HSBC Plc plus 3% per month compounded on a daily basis for late payment. Late payment shall be considered as 7 days past due date.
Cheques that are marked ‘refer to drawer’ or ‘insufficient funds’ will incur an additional £25.00 PLUS VAT administration charge in addition to any charges made to nicenstripy by the prevailing bank.
An administration charge of £14.00 plus VAT may be made by nicenstripy should access to the premises be blocked for any reason on the scheduled day unless prior notification has been given.
Value Added Tax will be added to all fees and costs at the appropriate rate at the time of invoicing.
Failure to pay in full within sixty (60) days will result in immediate legal action without any further communication with the Customer. nicenstripy will take whatever legal action it deems fair to recover any and all monies due. All Administration charges will be added to any outstanding invoice which will automatically form part of the debt owed.
Termination of Contract
nicenstripys intention is to ensure that the Customer’s requirements are satisfied at all times. However, executive authority is with the Customer.
Domestic Customers
To ensure satisfaction and response to change of circumstances, the Contract may be terminated at any time by the Customer giving two weeks prior notice in writing to nicenstripy. nicenstripy may also terminate the Contract at any time by giving the Customer two weeks prior notice in writing.
Commercial/Monthly Customers
To ensure satisfaction and response to change of circumstances, the Contract may be terminated at any time by the Customer giving one calendar month’s prior notice in writing to nicenstripy. nicenstripy may also terminate the Contract at any time by giving the Customer one calendar month’s prior notice in writing. Where a full contract is agreed and signed between the parties the conditions of the contract shall supersede the above clause.
Responsibilities
nicenstripys responsibility is limited to these Terms and Conditions (except in respect of death or personal injury resulting from the negligence of nicenstripy, its servants or agents) nicenstripy shall not be liable for any claim for direct or indirect consequential loss, injury or damage whatsoever made by the Customer or any third party against nicenstripy arising out of or in connection with any defect in the Services whether or not such defect is directly or indirectly, wholly or in part caused by the negligent act, omission, default or neglect of nicenstripy, its servants, or agents, or whether or not such defect amounts to a breach of a fundamental terms of a primary obligation of the Contract or fundamental breach thereof.