TERMS & CONDITIONS

About our Terms

These Terms explain how you may use this website (the Site).

References in these Terms to the Site are to the website http://www.hmoserviceslondon.com and all associated web pages.

You should read these Terms carefully before using the Site.

By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.

If you do not agree with or accept any of these Terms, you should stop using the Site immediately.

If you have any questions about the Site, please contact us by e-mail [info@hmoserviceslondon.com]

Definitions

Content means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site.

Terms means these terms and conditions of use as updated from time to time.

Acceptable use policy means the policy [Acceptable use policy], which governs your permitted use of the Site.

Cookie policy means the policy [Cookie policy], which governs how we use cookies in the Site.

Privacy policy means the policy [Privacy policy], which governs how we process any personal data collected from you.

We, us or our means HMO Services London Limited company registration number 10572546 and the registered office of which is at 609 Fishponds Road, Fishponds, Bristol, United Kingdom, BS16 3AA

You or your means the person accessing or using the Site or its Content.

Your use of the Site means that you must also comply with our Acceptable Use policy, our Cookie policy, our Privacy Policy and our online terms and conditions for the supply of services, where applicable.

Using the Site

The Site is for your use only.

You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and keeping your password and other account details confidential.

The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at [info@hmoserviceslondon.com].

We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

Ownership, use and intellectual property rights

This Site and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.

Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

Submitting information to the Site

While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.

We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

Accuracy of information and availability of the Site

While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.

We may suspend or terminate operation of the Site at any time as we see fit.

Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

Limitation on our liability

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any losses that were not foreseeable to you and us when these Terms were formed or that were not caused by any breach on our part, or business losses.

Events beyond our control

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

Variation

These Terms are dated June 2017. No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

Disputes

We will try to resolve any disputes with you quickly and efficiently.

If you are unhappy with us please contact us as soon as possible using the contact details on the Site.

If you and we cannot resolve a dispute using our complaint handling procedure, we will let you know that we cannot settle the dispute with you; and give you certain information about our alternative dispute resolution provider.

If you want to take court proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to this Policy.

The law of England and Wales apply to this Policy.

Introduction

Together with our website terms and conditions of use, this Policy governs how you may access and use the Site. 

Definitions

Policy means this acceptable use policy.

Site means the website http://www.hmoserviceslondon.com and all associated web pages.

Submission means any text, images, video, audio or other multimedia content, software or other information or material submitted by you or other users to the Site.

We, us or our means HMO Services London Limited, company registration number 10572546 and whose registered office is at 609 Fishponds Road, Fishponds, Bristol, United Kingdom, BS16 3AA

You or your means the person accessing or using the Site or its content.

Acceptable use

We permit you to use the Site only for personal purposes and primarily for accessing information about us and our services. Use of the Site in any other way, including in contravention of any restriction on use set out in this Policy, is not permitted. If you do not agree with the terms of this Policy, you may not use the Site.

Restrictions on use

As a condition of your use of the Site, you agree:

  1. Not to use the Site for any purpose that is unlawful under any applicable law or prohibited by this Policy or our website terms and conditions of use.
  2. Not to use the Site to commit any act of fraud.
  3. Not to use the Site to distribute viruses or malware or other similar harmful software code.
  4. Not to use the Site for purposes of promoting unsolicited advertising or sending spam.
  5. Not to use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’).
  6. Not to use the Site in any manner that disrupts the operation of our Site or business or the website or business of any other entity.
  7. Not to use the Site in any manner that harms minors.
  8. Not to promote any unlawful activity.
  9. Not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing.
  10. Not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks.
  11. Not to attempt to circumvent password or user authentication methods.
  12. To comply with the provisions relating to our intellectual property rights and software contained in our website terms and conditions of use [insert link].

Linking and framing

You may create a link to our Site from another website without our prior written consent provided no such link:

  1. Creates a frame or any other browser or border environment around the content of our Site
  2. Implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site.
  3. Displays any of the trademarks or logos used on our Site without our permission or that of the owner of such trademarks or logos or is placed on a website that itself does not meet the acceptable use requirements of this Policy.

We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.

Using the HMO Services London name and logo.

You may not use our marks whether register or unregistered, logos or trade names except in accordance with this Policy and our general website terms and conditions of use.

Breach

We shall apply the terms of this Policy in our absolute discretion. In the event of your breach of this Policy we may terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions to law enforcement authorities or take any action we consider necessary to remedy the breach.

Disputes

We will try to resolve any disputes with you quickly and efficiently.

If you are unhappy with us please contact us as soon as possible using the contact details on the Site.

If you and we cannot resolve a dispute using our complaint handling procedure, we will let you know that we cannot settle the dispute with you; and give you certain information about our alternative dispute resolution provider.

If you want to take court proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to this Policy.

The law of England and Wales apply to this Policy.

Use of cookies

A cookie is a small text file which is placed onto your computer (or other electronic device) when you access our website. We use cookies and other online tracking devices on this website to:

  • recognise you whenever you visit this website (this speeds up your access to the website as you do not have to log in each time);
  • obtain information about your preferences, online movements and use of the internet;
  • carry out research and statistical analysis to help improve our content and services and to help us better understand our customer requirements and interests;
  • target our marketing and advertising campaigns more effectively by providing interest-based advertisements that are personalised to your interests; and
  • make your online experience more efficient and enjoyable.

In most cases we will need your consent in order to use cookies on this website. The exception is where the cookie is essential in order for us to provide you with a service you have requested (E.g. to order services online).

Consent to use of cookies

If you visit our website when your browser is set to accept cookies, we will interpret this as an indication that you consent to our use of cookies and other similar technologies as described in this website cookie policy. If you change your mind in the future about letting us use cookies, you can modify the settings of your browser to reject cookies or disable cookies completely.

Third-party cookies

We work with third party suppliers who may also set cookies on our website. These third party suppliers are responsible for the cookies they set on our site. If you want further information please go to the website for the relevant third party.

How to turn off cookies

If you do not want to accept cookies, you can change your browser settings so that cookies are not accepted. If you do this, please be aware that you may lose some of the functionality of this website. For further information about cookies and how to disable them please go to the Information Commissioner’s webpage on cookies.

  1. INTERPRETATION

 

1.1 Definitions

 

Charges: the charges payable by the Customer for the supply of the Services in accordance with clause 5.

 

Commencement Date: has the meaning set out in clause 2.5.

 

Conditions: these terms and conditions as amended from time to time in accordance with clause 10.4.

 

Contract: the contract between HMO Services and the Customer for the supply of Services in accordance with these Conditions and the Customer Order.

 

Customer: the person, company or firm who purchases Services from HMO Services as detailed in the Customer Order.

 

Customer Default: has the meaning set out in clause 4.2

 

Customer Order: The Services sought by the Customer from HMO Services Limited as detailed in the Service Specifications.

 

Initial Payment: A refundable payment against the Charges by the Customer to HMO Services in the amount confirmed by the Customer to HMO Services payable in accordance with clause 2.

 

Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

 

Property: the property in relation to which the applicable Services will be provided as specified in the Customer Order or as notified by the Customer to HMO Services Limited from time to time.

 

Services: the services supplied by HMO Services to the Customer further to the Customer Order and as detailed in the Service Specifications.

 

Service Specification: the specification of the services provided by HMO Services at www.hmoserviceslondon.com and as updated from time to time.

HMO Services: HMO Services London Limited registered in England and Wales with company number 10572546 and whose correspondence address is 7 Prescott Place, London, SW4 6BS.

 

  1. BASIS OF CONTRACT

 

2.1 The Customer will make an Initial Payment to HMO Services further to which HMO Services will review the supply of the Services and determine if such a supply can be made to the Customer.

 

2.2. The Customer Order and Initial Payment constitutes an offer by the Customer to purchase Services in accordance with these Conditions.

 

2.3 Within 7 (seven) working days HMO Services will either:

 

(a) Confirm the supply of Services to the Customer and the Initial Payment will constitute a payment by the Customer against the Charges.

or

(b) Confirm that HMO Services is unable to confirm the supply of Services within 7 (seven) working days, subject to any requirement to visit to the Property, and will refund the Initial Payment to HMO Services and no Services shall be supplied and the Contract between HMO Services and the Customer will terminate.

 

2.5 The Customer Order shall only be deemed to be accepted when there is confirmation of supply of Services by HMO Services and payment in full against the Charges is received by HMO Services or an agent acting on behalf of HMO Services at which point and on which date the Contract shall come into existence (Commencement Date).

 

2.6 Any samples, drawings, descriptive matter or advertising issued by HMO Services are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.

 

2.7 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

 

2.8 Any quotation given by HMO Services shall not constitute an offer, and is only valid for a period of 1 (one) month from its date of issue.

 

2.9 The Customer and HMO Services acknowledge:

(a) The provision of any licence sought by the Customer from an applicable local authority or other licensing authority further to the Services is determined by that authority.

(b) The Services are subject to individual local authority and other licensing authorities’ individual application and enforcement of the relevant legislation and policy which is outside the control of HMO Services.

 

  1. SUPPLY OF SERVICES

 

3.1 HMO Services shall supply the Services to the Customer in accordance with the Customer Order and Service Specifications in all material respects.

 

3.2 HMO Services shall use all reasonable endeavours to meet any performance dates specified in the Customer Order but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.

 

3.3 HMO Services shall have the right to make any changes to the Services which are necessary to comply with any applicable laws, policies and safety requirements, or which do not materially affect the nature or quality of the Services, and HMO Services shall notify the Customer in any such event.

 

3.4 HMO Services warrants to the Customer that the Services will be provided using reasonable care and skill.

 

3.5 HMO Services does not warrant or undertake that the supply of Services will result in the provision of any licence sought by the Customer from an applicable local authority or other licensing authority.

 

  1. CUSTOMER’S OBLIGATIONS

 

4.1 The Customer shall:

 

(a) ensure that the terms of the Customer Order are complete and accurate;

(b) co-operate with HMO Services in all matters relating to the Services;

(c) provide HMO Services, its employees, agents, consultants and subcontractors, with access to the Customer’s Property as reasonably required by HMO Services; and,

(d) provide HMO Services with such information and materials as HMO Services may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects.

 

4.2 If HMO Services’ performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):

 

(a) HMO Services shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays HMO Services’ performance of any of its obligations;

(b) HMO Services shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from HMO Services’ failure or delay to perform any of its obligations as set out in this clause 4.2; and

(c) the Customer shall reimburse HMO Services on written demand for any costs or losses sustained or incurred by HMO Services arising directly or indirectly from the Customer Default.

 

  1. CHARGES AND PAYMENT

 

5.1 The Charges for the Services shall be as set out in the Customer Order.

 

5.2 The total amount of the Charges shall be payable to HMO Services immediately on execution of the Customer Order.

 

5.3 All Charges are exclusive of all applicable fees payable to the applicable local authority or other licensing authority, all such fees shall be payable by the Customer to the authority or paid by HMO Services subject to receipt of funds from the Customer for payment of such fees.

 

5.4 The Customer shall pay HMO Services in cleared funds to a bank account detailed by HMO Services on its invoices or by online payment at the point of the Customer Order.

 

5.5 Time for payment shall be of the essence of the Contract.

 

5.6 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being (VAT). Where any taxable supply for VAT purposes is made under the Contract by HMO Services to the Customer, the Customer shall, on receipt of a valid VAT invoice from HMO Services, pay to HMO Services such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.

 

5.7 If the Customer fails to make any payment due to HMO Services under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 4% over the Law Society Rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.

 

  1. INTELLECTUAL PROPERTY RIGHTS

 

6.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by HMO Services.

 

6.2 The Customer acknowledges that, in respect of any third party Intellectual Property Rights, the Customer’s use of any such Intellectual Property Rights is conditional on HMO Services obtaining a written licence from the relevant licensor on such terms as will entitle HMO Services to license such rights to the Customer.

 

  1. LIMITATION OF LIABILITY: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS

 

7.1 Nothing in the Contract shall limit or exclude HMO Services’ liability for:

 

(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation; or

(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.

 

‌7.2 Subject to clause 7.1 above, HMO Services shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

 

(a) loss of profits;

(b) loss of sales or business;

(c) loss of agreements or contracts;

(d) loss of anticipated savings;

(e) loss of damage to goodwill; and

(f) any indirect or consequential loss.

 

7.3 HMO Services’ total liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to 100% (one hundred percent) of the total Charges paid under the Contract.

 

7.4 This clause 7 (Limitation of Liability) shall survive termination of the Contract.

 

  1. TERMINATION

 

8.1 Without limiting its other rights or remedies, either party may terminate the Contract with immediate effect by giving written notice to the other party if:

 

(a) the other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within seven (7) days of that party being notified in writing to do so;

 

(b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business

 

(c) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or

 

(d) the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.

 

8.2  Without limiting its other rights or remedies, HMO Services may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment and remains in default not less than 7 (seven) days after being notified in writing to make such payment,

 

8.3 Without limiting its other rights or remedies, HMO Services may suspend provision of the Services under the Contract or any other contract between the Customer and HMO Services if the Customer becomes subject to any of the events listed in clauses 8.1(b) to 8.1(d) above or HMO Services reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.

 

  1. CONSEQUENCES OF TERMINATION

 

9.1 On termination of the Contract for any reason:

 

(a) the Customer shall immediately pay to HMO Services all of HMO Services’ unpaid Charges;

(b) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and

(c) clauses which expressly or by implication survive termination shall continue in full force and effect.

 

  1. GENERAL

 

10.1  Force majeure.

 

Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

 

10.2. Assignment and other dealings.

 

(a) HMO Services may at any time assign, transfer, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.

(b) The Customer shall not, without the prior written consent of HMO Services, assign, transfer, subcontract, or deal in any other manner with any or all of its rights or obligations under the Contract.

 

10.3 Confidentiality.

 

(a) Each party undertakes that it shall not at any time during the Contract, and for a period of two years after termination of the Contract, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 10.3(b) below.

(b) Each party may disclose the other party’s confidential information to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 10.3 or as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

(c) Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.

 

‌10.4 Entire Agreement

 

(a) These terms and conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

(b) Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

(c) The terms and conditions may be updated by HMO Services by revised versions being made available on HMO Services’ website at www.hmoserviceslondon.com

  1. Definitions

 

Commencement Date: the date confirmed by HMO Services for the commencement of Works following payment in full against the Charges having been received by HMO Services.

 

Completion Date: the completion date specified in the Customer Order unless otherwise agreed by the parties in writing.

 

Charges: the charges payable by the Customer to HMO Services for undertaking the Works.

 

Contract Period: the period specified in the Customer Order for carrying out the Works.

 

Customer: the person, company or firm who purchases Services from HMO Services as detailed in the Customer Order.

 

Customer Order: confirmation of the Works sought by the Customer from HMO Services as detailed in the Customer Order placed by the Customer through HMO Services’ website.

 

HMO Services: HMO Services London Limited registered in England and Wales with company number 10572546 and whose correspondence address is 7 Prescott Place, London, SW4 6BS.

 

Prohibited Materials: any materials which do not conform with any British Standard at the time of being specified or contravene the report ‘Good Practice in the selection of Construction Materials’ published by The British Council for Offices (current edition published March 2011).

 

Property: the property as confirmed Customer Order by the Customer at which the Works will be undertaken by HMO Services.

 

Statutory Requirements: all relevant statutes and regulations and requirements of every competent authority.

 

Works: the carrying out of the works as described in the Customer Order and any additional works carried out in accordance with clause 4.

 

  1. HMO Services’ obligations

 

2.1 HMO Services shall without delay begin and diligently proceed to carry out and complete the Works:

 

(a) Using reasonable skill, care and diligence.

 

(b) Using good quality materials as detailed in the Customer Order.

 

(c) In a proper and workmanlike manner.

 

(d) In compliance with all Statutory Requirements.

 

(e) In accordance with the Customer Order.

 

(f) To the Customer’s reasonable satisfaction.

 

(g) Within the Contract Period.

 

2.2 HMO Services warrants to the Customer that it has not specified and will not specify for use or use in or about the Works any Prohibited Materials.

 

2.3 Unless otherwise notified in writing by the Customer (and without prejudice to the generality of the obligation of the HMO Services in clause 2.1 to comply with Statutory Requirements), HMO Services shall carry out the duties applicable to the Customer as “client” under the Construction (Design and Management) Regulations 2015.

 

  1. Customer Obligations

 

3.1 The Customer shall pay to HMO Services the Charges for the Works in full prior to the Commencement Date.

 

3.2 The Customer shall give HMO Services access into the Property from the Commencement Date until the Completion Date to carry out the Works.

 

3.3 The Customer shall provide all reasonable assistance to enable HMO Services to carry out the Works.

 

  1. Additional works

 

4.1 If the Customer requires any additional works to be carried out by HMO Services, the parties shall negotiate in good faith the cost of and time required for them to be carried out with a view to reaching an agreement on them which shall be confirmed in writing between the parties.

 

4.2 HMO Services shall not be obliged to carry out any additional works required by the Customer, unless and until the cost and time have been agreed in writing with the Customer and 50% of the cost of the additional works have been paid by the Customer, the Customer shall pay for the remaining 50% cost of the additional works on the Completion Date.

 

  1. Indemnity and insurance

 

5.1 HMO Services shall compensate the Customer for all loss, damage or injury directly arising out of out of or in connection with the Works limited up to the total amount paid by the Customer under clause 3 above.

 

5.2 HMO Services shall as and when requested provide to the Customer documentary evidence to show that the necessary insurance required to cover its liability under clause 5.1 has been effected and is being maintained.

 

  1. Copyright

 

6.1 The copyright in any documentation produced in connection with the Works shall belong to HMO Services.

 

  1. Termination by either party

 

7.1 HMO Services may at any time by written notice terminate this agreement immediately and without liability for compensation or damages (except as set out at clause 5.1 above) if the Customer does not allow access to the Property under clause 3.2 above for a period of more than 2 (two) working days, dies, becomes bankrupt, has a receiving order made against them, makes any arrangement with their creditors generally or takes or suffers any similar action as a result of debt or being a company convenes a meeting of its creditors or suffers a petition to be presented or a meeting to be convened or other action to be taken with a view to its liquidation except (with the written approval of the other) for the purposes of and followed by amalgamation or reconstruction.

 

8. Proportionate pay on termination

 

8.1 If the agreement is terminated the Customer shall pay to HMO Services the costs referred to in clause 3.1 commensurate with that part of the Services actually completed and not already paid for. All payments under this clause shall be without prejudice to any other rights of the parties under this agreement.

 

9. Third party rights

 

9.1 Pursuant to s.1(2)(a) of the Contracts (Rights of Third Parties) Act 1999] the parties intend that no term of this agreement may be enforced by any person who is not a party to this agreement or a third party within the meaning of that Act.

 

  1. Service of notices

 

10.1 Any notice given under this deed must be in writing and may be served using personally or by recorded delivery post or courier services.

 

10.2 Each party’s address for the service of notice is as confirmed in the Customer Order address or such other address as specified by notice to the other from time to time.

 

10.3 A notice is deemed to have been served:

 

(a) If it was served in person, at the time of service.

 

(b) If it was served by post or courier service, 2 working days after the date of confirmation of delivery.

 

  1. Applicable Law

11.1 This agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales.

11.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).