Terms of Service

NICK EVANS TECHNOLOGY - TERMS OF BUSINESS

This document sets out the terms and conditions of business which apply to you whenever we provide products, services or digital content to you, whether purchased off-premises or remotely.

WHO WE ARE:

We are Nick Evans Technology Limited, a company registered in England. Our company number is 12980741. Our registered address is Flat 24 Ainswoth Court, Plough Close, London, NW10 5BD. Any reference to ‘we’ or ‘us’ in these Terms of Business is a reference to Nick Evans Technology Limited.

OUR CONTACT INFORMATION:

You can contact us by email at sales@nickevans.it, or alternatively by telephone on 020 3375 9888, or 0781 606 7398, between 9AM and 5PM on normal business days.

OUR SERVICES:

We design, supply and install smart home equipment and digital technologies. We also provide consultancy services relating to digital home modernisation such as IT infrastructure advisory and planning services, and ongoing maintenance and upgrade services for our existing customers. For further information please visit our website at https://www.nickevans.it or contact us directly with your enquiry.

OUR STANDARD TERMS OF BUSINESS:

1 BASIS OF AGREEMENT – OUR CONTRACT WITH YOU

1.1 You are our customer. Our contract is directly with you, our customer, when you engage us to provide you with goods or services. We will assume that you are acting as an individual, unless you notify us in advance that you are acting on behalf of a company. Any reference to ‘you’ or ‘your’ in these Terms of Business is a reference to you, the customer.

1.2 You have authority to enter into this contract. By engaging us to provide goods or services to you, you must have legal capacity to enter into binding legal contracts either as the customer, or on behalf of the customer (if the customer is another person or a company). When you engage us to provide services relating to goods installed, or to be installed, at a property, you must be either the owner of the property, or have lawful authority from the property owner or manager for us to provide the requested services.

1.3 If you are a buildings contractor. Where we provide services to a third party customer who is not the property owner, such as a building contractor or a project manager, you must first inform us of your role and capacity in advance of engaging our services, we may require an undertaking from the property owner or an insurer before we can provide goods or services to you, and you shall be responsible for ensuring that all obligations of the property owner under these Terms of Business are performed correctly.

1.4 What makes up our contract with you? Our contract with you consists of these Terms of Business, and any Quotation and Service Agreement which you accept. Together, these items collectively make up the whole of our contract with you.

1.5 How our contract with you is formed. Our contract with you is formed when you engage us to provide goods and/or services to you, for example, when you accept a written Quotation online by digitally signing the Service Agreement using online signature software such as DocuSign, or when we accept your request to provide consultancy services. Please note that some of these Terms of Business are applicable before you digitally sign any documentation with us, for example, in certain situations when we undertake site surveys or produce planning specifications at your request. For further information, please see the section entitled ‘HOW WE PROVIDE SERVICES’ below.

1.6 These Terms of Business may change. We may periodically make changes to these Terms of Business from time to time. The version of these Terms of Business applicable to you is the version which was current at the time that you engaged our services.

2 HOW WE PROVIDE SERVICES

2.1 We provide goods, services and/or digital content. We may supply you with goods, such as smart home equipment and appliances (for example, cables, televisions, routers), with services, such as surveys, installation and maintenance services (for example, when we install, calibrate and set up equipment in your property), or with digital content, such as files and media sent to you via email or cloud storage solution (for example, plans, drawings and electrical schematics of current or proposed installations at your property). We may provide you with any combination of goods, services and digital content, or just one of these in isolation.

2.2 We perform installations using a 3-stage process. Unless we notify you to the contrary, whenever we provide both goods and services to you, we do so in three stages, as set out below:

(i) First, the ‘survey stage’, when, following your initial enquiry, we may travel to and undertake a survey of your property in light of your request for services;

(ii) Second, the ‘planning stage’, when, having confirmed your intention to proceed, we assemble and prepare the detailed information and documentation necessary to fulfil your request at your property and provide a final Quotation; and

(iii) Third, the ‘installation stage’, when, after accepting the Quotation, we attend your property to install and commission the goods you have requested.

(Please note that on occasion we may omit the planning stage and send you a Quotation after the survey. Upon its acceptance we will proceed directly to the installation stage.)

2.3 The applicable terms depend on the stage. Different terms will apply to you depending on which of the above three stages is applicable at the relevant time. Further information on the specific terms applicable in each stage is set out below.

3 SURVEY STAGE

3.1 We do not always charge for surveys. Unless we notify you to the contrary, initial surveys are not chargeable.

3.2 When are surveys chargeable? In certain circumstances, we may charge for conducting surveys when you request a second or follow-up survey, if you do not attend a first booked initial survey, when we have to travel a long distance or incur significant expenditure to perform your survey, or where you request a survey which is unusually difficult to perform, extensive in scope, or relates to a very large property or complex. Where surveys are chargeable, we will notify you in advance of this and of the price for conducting the survey. If you agree for us to conduct a survey having notified you of the price, you are agreeing to pay the specified survey fee.

3.3 Advance fees are sometimes payable for certain surveys. Where surveys are chargeable, we may sometimes require advance payment for surveys to cover the costs of our travel, accommodation or time. Where this is necessary, you will be notified in advance, and the survey will only take place once payment of the required fees has been received.

3.4 How are surveys charged? In general, surveys are only charged if you choose not to proceed to engage our services through to the supply and installation of goods at the installation stage. Any fees charged in advance for surveys are non-refundable. All other fees paid for surveys will be credited against your final invoice for services.

3.5 How are surveys arranged? We arrange surveys over the telephone or by email directly with you, following your initial enquiry.

3.6 What happens in a survey? Unless notified to the contrary, we will attend your property in person at the time and place agreed. We may require plans of your property to be provided in advance (and we will notify you of this in advance where applicable). Upon arrival, we will confirm with you the types of goods and services requested for your project, and the proposed locations for the installation of goods and any other work required. We may examine the structure, fixtures and fittings of the property to assess their suitability. We may also review the existing electrical and IT infrastructure for compatibility with your requested hardware. We will also assess the project site generally for any risks, obstructions and design requirements so that we have all information necessary to proceed to the planning stage.

3.7 How long does a survey take? A typical survey may take approximately one hour, however it could be significantly shorter or longer than this depending on the goods and services requested and the size of the property. We can provide a time estimate for surveys upon request.

3.8 What are your responsibilities in a survey? When we conduct a survey, you agree to ensure that the property is accessible, safe and free from any obstructions which could hinder the survey. You agree to attend at the notified survey time, and to provide access to all relevant parts of the property. You further agree to provide complete and accurate information concerning the existing hardware at the property and the history of any work done at the property relating to your project. Where a fee is applicable for the survey, you agree to pay the survey fee at the agreed time.

3.9 What happens after a survey? Once the survey is completed, we will provide you with an initial specification for your project, and a project estimate. This will include a statement of the survey fees incurred to date, and a fixed fee for the planning stage should you decide to proceed. The planning stage fixed fee is only payable if you do not engage us to complete your project for you.

3.10 What happens if you decide not to proceed. You are not obligated to proceed to the planning stage, however if you decide not to continue, any fees incurred to date which have not yet been paid will be chargeable, such as any survey fee (if applicable) and the planning stage fee.

4 PLANNING STAGE

4.1 How do you proceed to the planning stage? Once you have received your project estimate following a survey, you can proceed to the planning stage by confirming that you wish to do so either by email to sales@nickevans.it or by telephone to 020 3375 9888 or 0781 606 7398. We will provide written confirmation upon receipt of your request.

4.2 Sometimes we will forgo the planning stage. In certain situations, for example, when your project is especially straightforward or easy to complete, or if less detailed planning is required for any reason, such as less extensive installations or planning having already been completed, we may proceed straight from the survey to providing you with a Quotation for your acceptance. If you accept the Quotation, we will commence the installation stage.

4.3 What happens during the planning stage? During the planning stage, our objective is to perform all pre-installation work necessary to confirm the required specification of goods and services required to meet your request, to prepare and submit to you schematics, plans, and/or design drawings of the proposed installation at your property, to identify the appropriate goods and miscellaneous ancillary items for your project, to obtain up to date prices and lead times from suppliers, to estimate the total labour required for your installation, and to provide you with a formal Quotation for the supply and installation of the goods.

4.4 How long does the planning stage take? The planning stage typically takes two to three weeks, but it can be significantly shorter or longer depending on the requirements of your project. We will usually notify you informally if we believe the planning stage is likely to exceed one month. These timeframes are an estimate only and are not binding.

4.5 How are documents provided at the conclusion of the planning stage? Once completed, any plans, drawings, schematics, and specifications to be provided will be either sent by email to your last-used email address, or made available via a secure link to our cloud-base storage solution.

4.6 Are there restrictions on how the documents can be used? Yes. The documents provided by us will contain a variety of drawings, plans and other materials produced by us. We own the copyright and other intellectual property rights in the content we produce, and we grant to you the right to use them in the evaluation and implementation of the plans for us to provide goods and services to you. They are for your own private and non-commercial use only, and they must not be passed on or sold to any other person or company for any other purpose.

4.7 What does the Quotation contain? At the conclusion of the planning stage, you will receive a formal Quotation in addition to any plans, schematics, specifications and drawings provided. Your Quotation will specify both an itemized list of the goods and materials required for your project, and an estimate for the total cost of labour, as well as the time estimate for the installation work. A one-page Service Agreement will accompany the Quotation for signature should you wish to proceed to the installation stage.

4.8 How long is the Quotation valid for? Quotations have a validity period of two (2) months, within which they may be accepted by you at any time. If you wish to proceed with your project after the two month Quotation validity period has expired, please contact us by phone or email and we will be able to send you an updated Quotation for acceptance. Please note that renewed Quotations may contain updated pricing to reflect changes in materials and labour costs.

4.9 Is the price of goods and materials fixed? No, the price of goods and materials is accurate at the date of the Quotation only. However these prices can all change at any time outside of our control, for example, if our suppliers change their prices, if we have to change suppliers because the original supplier is no longer in stock of the relevant item, if you make changes to your choice of hardware after the Quotation, if hardware is discontinued and needs to be substituted for alternatives, or if hardware is upgraded to newer product versions and the new version is listed with different pricing. Any changes in pricing following the date of the Quotation will be passed on to you, the customer. This will apply even within the two-month Quotation validity period.

4.10 Is the price of labour fixed? The labour price listed in the Quotation is fixed, subject to the following conditions:

(a) there are no late cancellations of installation work;

(b) access to the property is provided at the agreed start time;

(c) the property is ready for the work to be carried out, safe, clear of obstructions, and no other contractor is working on site (unless agreed in advance);

(d) there are no material supply delays caused by any of our suppliers;

(e) there are no significant unexpected installation difficulties encountered relating to the property and its existing infrastructure which could not reasonably have been discovered from the survey prior to the work taking place; and

(f) no other issues arise during the installation which are not our fault.

4.11 When will the price of labour in the Quotation change? Additional labour charges will apply if any of the six conditions listed above are not met, and the time estimate listed on the Quotation is exceeded by at least 20%. If additional labour charges apply, the standard labour rates set out in these Terms of Business shall apply.

4.12 What if I require changes to the Quotation. If you are unhappy with anything listed in the Quotation or want to make any changes to its content, please contact us and we will do our best to resolve your concern as far as possible. You can contact us by email to sales@nickevans.it or by telephone to 020 3375 9888 or 0781 606 7398. Please provide your Quotation number when you contact us. It is important to ensure that you are happy with the content of the Quotation before proceedings because once agreed, the specifications it contains will become binding (subject to these Terms of Business).

4.13 How do I accept the Quotation? You can accept the Quotation by digitally signing the Service Agreement (appended to the Quotation) using DocuSign. If you are unable to use DocuSign for any reason, please let us know and we will make alternative arrangements for you, such as a printable version, paper copy. If you accept our Quotation, the fixed fee for the planning stage will be waived, as this only applies in the case of discontinuance.

4.14 What happens if I do not want to accept the Quotation or proceed to the installation stage? You are not obliged to accept the Quotation or to proceed to the installation stage, however the fixed fee for the planning stage (and any applicable survey fee) will become payable if you do not complete your project with us.

4.15 Integration with existing systems is not included in the Quotation. Where you have existing systems and technology in the property which we did not install ourselves and which is capable of being integrated with the new products we are installing, unless this is expressly listed on the Quotation, we will not be responsible for integrating existing systems into the new installation, or vice-versa, unless this is expressly listed on the Quotation, and we make no representations as to their compatibility or combined function. We may be able to assist with integration with existing systems, but this must be agreed and will be charged separately at our standard rates.

5 INSTALLATION STAGE

5.1 A deposit is payable upon confirmation. Upon acceptance of the Quotation, the deposit listed in the Quotation shall be payable within seven days of the date of acceptance. If no deposit amount is listed in the Quotation, the default deposit payable shall be 50% of the labour charges listed on the Quotation.

5.2 Confirmation of installation dates. Following receipt of your deposit, we will contact you by telephone to schedule the installation dates for your project. We will endeavour to propose available dates for your confirmation and provide an estimate for the number of days required to complete the work. Once you have agreed the installation dates with us, the dates will be binding, and we will send you confirmation of the same by email.

5.3 Installation dates may change due to supply timeframes. If we encounter unexpected delays or longer than anticipated lead times from our suppliers, we may have to reschedule your installation for a later date. If this becomes necessary, we will contact you as soon as possible, and will reschedule the installation date for the earliest available opportunity.

5.4 Changes of installation dates caused by you. After the installation date is confirmed, you may request that we change the installation date, however fees may become payable. If you make your request fourteen days or more prior to the installation date, we will not charge for the rescheduling. If you request to change the installation date less than fourteen days prior to the installation date but more than two clear days prior to the installation date, an administration fee of £50 shall become payable. Within two days of the installation date, but before the date of installation, a £100 administration fee will be charged for cancelled installation dates.

5.5 Same-day changes of installation date. In the event that you request a rescheduling on the date of installation, a charge of 50% of the labour rate for each member of staff scheduled to attend shall apply, together with any travel or accommodation costs or out-of-pocket expenses listed on the Quotation for all affected day/s.

5.6 You may need to pay for certain goods and materials straight away. Depending on the agreed installation date, we may need to place orders for products, goods and materials straight away following acceptance of the Quotation. If this is necessary, we may require immediate payment for any such items we need to purchase and will notify you of this requirement.

5.7 Storage of goods and materials. To minimise costs for transport or storage, we may request that goods and materials are delivered directly to the property. You will be asked to confirm your agreement to this in advance in such an event. If you agree to receive goods and materials at the property, you must use reasonable endeavours to be available to receive such items at the scheduled delivery times. Goods and materials received at the property must be stored safely and securely in a dry environment. If you are unable to receive and store items, we will be able to do so but storage charges may apply (and will be notified to you in advance).

5.8 Preparation of the property prior to installation. Prior to the installation date, you must ensure that the property is accessible, free from obstructions, that any permissions necessary to allow the works to take place are obtained, that the property is in a safe working environment with adequate access to the areas of installation work without risk of valuables being damaged by the works, that there are no other works being undertaken at the property at the same time (unless previously agreed), and that there are no pets or children in the areas where works are taking place. If any of these is not the case and we are unable to carry out the installation works due to any circumstances relating to the property, installation rescheduling fees may apply.

5.9 Parking charges must be paid by you. You agree to make available one standard parking space at or near the property on the installation dates, and to cover the standard parking charges applicable. Where visitor or trade parking permits are required, you agree to arrange such permits prior to the installation date.

5.10 Sundries may be charged separately. The Quotation does not include minor ancillary materials, parts and miscellanea which will be required to complete your installation. Such items will be purchased from local trade and hardware suppliers and you agree to reimburse our costs for such sundries upon request. Any necessary sundries exceeding 5% of the total project value will be notified to you in advance of us incurring such costs.

5.11 You may be required to attend during parts of the installation. You must be present at the property during specific times of the installation to enable us to perform the services, including at our arrival each day, at completion, and whenever requested by us. There may be periods during the installation when it is not necessary for you to be present at the property, however non-attendance is at your own risk, and we accept no responsibility whatsoever for the security of the property and its content.

5.12 Times of day for installations. We may attend the property for installation works at any time from 8:00AM to 6:00PM. We will endeavour to notify you the day before of our expected arrival and departure times within this timeframe. Unless notified to the contrary, installation works take place on normal business days, and not weekends or bank holidays.

6 COMPLETION

6.1 What happens at completion? When we have finished the installation stage, we will notify you of this and request that you be present for completion. At completion, we will show you the products we have installed and the completed works. You will have a chance to examine the work we have done and provide feedback. We will demonstrate the functionality of all the products we have installed and show you how to use them, calibrate equipment, and provide manuals or show you how to find support materials for future reference. We will also provide you with initial user account information and login credentials to access services related to your installation.

6.2 You must be present. It is essential that you, or a person designated by you, be present for completion. Completion will take place once only and we will demonstrate the installation as described above on a single occasion.

6.3 Optional additional time not included in the Quotation. We will spend up to a maximum of four hours with you during Completion, and this time is included in your Quotation (even if not set out in writing). If you require further assistance in training to use the products or systems we have installed, further customised setup or programming of the equipment, we are able to assist with this but additional time will be chargeable at our standard rates.

6.4 Completion certificate. At the end of completion, we will issue you with a completion certificate confirming the steps we have taken to conclude the installation stage of your project. You may be required to sign the completion certificate to confirm that you have received the completion demonstration.

7 YOUR RIGHTS TO MAKE CHANGES, AND YOUR RIGHTS AS A CONSUMER

7.1 Our contract with you. Wherever we have attended your property to conduct a survey, our contract with you is deemed to be ‘off-premises’, and this affects your rights, as set out below.

7.2 Your initial right to cancel or change your mind. You will have 14 days from the date that you accept a Quotation to cancel your order (or in the case of a cancellation of your request for us to conduct the planning stage, 14 days from the date that your request is confirmed). If you wish to exercise this right, you must notify us by email at sales@nickevans.it.

7.3 What happens if I exercise my initial right to cancel or change my mind. If you cancel your agreement with us within 14 days of accepting a Quotation (or agreeing any other stage), our agreement with you will come to an end, but we will charge you our standard rates for all services provided until the cancellation, and any delivery charges, restocking fees, out of pocket expenses incurred, reductions in the value of the returned goods and materials, and reasonable expenses for time spent processing your cancellation of your order will be deducted from amounts paid, or charged separately to you (if they exceed the amounts paid).

7.4 Bespoke or custom-made items are not subject to cancellation rights. Where we have placed any order for goods which are custom-made at your request, or where we have begun construction of those goods ourselves, you will not be able to cancel these orders once work has commenced.

7.5 Your right to make changes to the Quotation. You may request changes to the Quotation at any time. If you make this request within 14 days, if we are able to accept your requested changes, we will notify you of any changes in the price or delivery timeframe and you will have the option to accept these amendments, withdraw your request, or cancel the agreement. If you make this request after the initial 14-day window has elapsed, we may still be able to make changes to your Quotation, but such amendments are at our discretion, are subject to any reasonable charges applicable.

7.6 Your right to cancel if there is something wrong with what you have received after completion. If you think there is something wrong with your product, service or digital content, you must contact our customer service team at sales@nickevans.it. We honour our legal duty to provide you with products and services that are as described to you and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions, particularly in the case where goods are custom-made, adapted, or have been installed into a property as a fixture and cannot be easily removed. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have several options for resolving disputes with us.

Summary of your key legal rights

If your product is goods, for example, electrical equipment which can be easily removed, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

· Up to 30 days: if your goods are faulty, then you can get a refund.

· Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

· Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

If your product is digital content, for example property plans and installation designs, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

· If your digital content is faulty, you're entitled to a repair or a replacement.

· If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

· If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation

If your product is services, for example, installation services, the Consumer Rights Act 2015 says:

· You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

· If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.

· If a time hasn't been agreed upfront, it must be carried out within a reasonable time.

7.7 If you are a business customer. If you are a business customer and not a consumer, the consumer rights legislation and regulations referred to or set out in this section
(including the right to change your mind within 14 days), will not apply to your agreement with us.

8 FEES AND PAYMENT

8.1 Account for payment. Unless notified to the contrary, all payments should be made to the following bank account:

Account Name: NICK EVANS TECHNOLOGY

Sort Code: 15 – 80 - 00

Account Number: 12379261

8.2 VAT. We are a VAT-registered business, and VAT is usually chargeable on the products and services we provide, subject to certain exemptions. Unless a price is expressed in writing as VAT-inclusive or VAT-exempt, all prices are deemed to be exclusive of VAT, and VAT will be charged in addition to our stated fees and charges.

8.3 VAT exemptions. If you have notified us that any part of a project is VAT-exempt, you are responsible for the accuracy of that representation, and you must provide us with evidence of the exemption as required. If a determination is made that your requested VAT exemption does not apply, you must pay all VAT applicable in addition to our charges and reimburse us for our administration costs for making this correction at our standard hourly rates.

8.4 We pass on increases in VAT. If the rate of VAT changes between your Quotation acceptance date and the date we invoice you for goods or services, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

8.5 Materials. All charges for materials, products, goods and other physical supplies (including sundries) that we need to purchase for your project must be paid for in advance by you. We do not offer credit facilities to any customer. We will invoice you for such material costs, and all invoices for materials must be paid within three days of the date of the invoice.

8.6 Parking. You agree to pay for any applicable parking charges incurred on installation dates directly. If we incur any parking charges ourselves, you agree to reimburse such charges on demand.

8.7 Our default labour rates. Unless expressed to the contrary, our standard labour rates shall apply for any work done not listed in a Quotation or otherwise agreed:

(a) For the on-site project manager, the standard rate is £640+VAT per day, or £80+VAT per hour;

(b) For all additional on-site staff, the standard rate is £360 per day, or £45+VAT per hour;

8.8 Pro-rata for partial days. Whenever our standard labour rates apply, these rates shall be charged pro-rata for any part day completed.

8.9 Delays due to late payment. Delays in making payments under these Terms of Business may cause delays in the provision of our goods and services to you, and we shall no liability to you for the consequences of any failure by you to make timely payment of any sums due to us.

8.10 Interest. Late payment interest shall be payable on any overdue amounts at a rate of five percent (5%) over the Bank of England base rate from time to time, accruing daily on a compound basis.

9 PARTIALLY-FINISHED PROJECTS

9.1 We may take over a partially finished project if specifically agreed. Exceptionally, we may agree to complete a partially finished project commenced by another supplier, but only where the details of the project are discussed and agreed with us in advance, and where the additional terms set out in this section apply.

9.2 No liability for third party work. Where we take on a partially-completed project, we accept no liability for the actions or omissions of the previous third-party installer, and we do not make any representations or provide any warranties as to the outcome or results of the overall project upon completion. Though we will make the same efforts to provide a high standard of service as we always provide, we cannot accept any responsibility for the outcome of a project where part of the work, or any of the goods and materials supplied, were not performed or supplied by us or are outside of our control.

9.3 Finishing a third party project affects our warranty. Our standard warranty set out in these Terms of Business does not apply in the case of us completing a partially finished project. Terms implied by statute into our agreement with you in relation to quality or fitness for purpose shall be limited to only those parts of the project which we have been responsible for.

9.4 You may be required to sign a waiver for partially finished projects. In certain situations, we will only be able to complete a project where you have additionally signed a written waiver in advance. We will notify you when this is necessary.

10 SNAGS AND POST-INSTALLATION ISSUES

10.1 Snagging issues can arise. Minor snagging issues may sometimes arise post-completion, especially where the installation works for your project have been extensive or complicated. All snagging issues arising post-completion within the period described below will be fixed at our costs. A ‘snag’ or ‘snagging issue’ is a problem occurring within a fixed initial period of time post-completion as a result of the work we have done which reveals that a product or system we have installed is not functioning as intended, or that the works we have completed are different to the specification in the Quotation or are developing a significant unexpected detrimental effect on the systems or the property.

10.2 Snagging procedure is separate from warranty. The snagging resolution procedure described here is separate from the standard warranty we provide, or the manufacturer’s warranty on the products we have installed. This does not affect your statutory rights, or your rights as a consumer (as applicable).

10.3 You have 30 days to notify us of snags. If you discover snagging issues post-completion, you must notify us by email within 30 days of your completion date of the issues.

10.4 We will respond within 2 days. We will respond within two business days of receipt of your communication, and will inform you of whether we believe a site visit is necessary and this will be scheduled if so. If a site visit is not necessary, we will suggest an alternative solution to you.

10.5 We will investigate and resolve snagging issues. We will investigate and aim to resolve any snagging issues reported as soon as possible, and will aim to have all snagging issues fully resolved at the very latest within three months of the completion date. However, if we need to purchase replacement parts and we encounter delays from our suppliers in obtaining them, this period may be extended.

11 MAINTENANCE PROGRAM

11.1 Our standard maintenance program. To ensure that you remain satisfied with the products we supply, we provide all of our customers a standard maintenance program to provide ongoing product support, monitoring of systems and performance, periodic updates, and assistance in management of your installation and third party services. This program does not affect your statutory rights or your warranty.

11.2 What is included. We provide maintenance customers with:

(a) a remote support and assistance service by telephone from 9:00AM to 5:00PM during business days; and

(b) replacement of any defective out-of-warranty hardware at cost, and without charge for labour for as long as you remain a maintenance customer.

11.3 Price and payment. The maintenance program shall be chargeable at our standard yearly rates from time to time (as set out in your Quotation or notified separately), billed annually (or monthly if explicitly agreed) starting on your completion date. You are automatically signed up to the maintenance program when accepting a Quotation, but you can cancel this service at any time.

11.4 You can cancel at any time. You may cancel your maintenance program subscription at any time by email. We require two months’ notice of cancellation ahead of any annual renewal. Further information on the details of the maintenance program is available separately or available on our website https://www.nickevans.it.

12 WARRANTY

12.1 We provide you with our standard warranty. We warrant that our installations will be competed to a high standard, that products supplied will be of adequate quality, fit for purpose, and that subject to appropriate usage and care being taken by you, that they will function as intended for the minimum warranty timeframes specified below:

(a) 2-year hardware warranty. The warranty period covers all hardware products we install for a minimum period of two years from the completion date, within which time we warrant that the products shall function as designed and be free from physical defects.

(b) 5-year labour warranty. We additionally warrant that all services we perform (such as building works) in the installation of your project shall remain acceptable and defect-free (excluding standard wear and tear or causes outside of our control) for a period of five years from your completion date.

12.2 Manufacturers’ warranties are separate. Certain product manufacturers may provide warranties for longer periods of time than our standard warranty. Our standard warranty does not limit your rights under any manufacturer’s warranty or under statute.

12.3 Additional warranty terms may apply. Full details of our warranty terms and how to make a warranty claim will be provided separately to you at completion or on our website.

13 CHANGES WE CAN MAKE TO PRODUCTS, SERVICES AND THESE TERMS

13.1 Changes we can always make. We can always change a product or service:

(a) to reflect changes in relevant laws and regulatory requirements;

(b) to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the product or service; and

(c) to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.

13.2 We can only make major changes if we give you notice and an option to terminate. We can also make major changes to the products or services, or these Terms of Business which significantly affect your use of them, but if we do so we'll notify you and you can then contact our customer service team to end the contract before the change takes effect and receive a refund for any products you've paid for in advance, but not received.

13.3 We can suspend supply (and you have rights if we do). We can suspend the supply of a product. We do this to:

(a) deal with technical problems or make minor technical changes;

(b) update the products or services to reflect changes in relevant laws and regulatory requirements; or

13.4 We try to let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend the product or service, we adjust the price so you don't pay for it while its suspended. If we suspend supply, or tell you we're going to suspend supply, for more than 30 days, you can contact our customer service team at sales@nickevans.it to end the contract and we'll refund any sums you've paid in advance for products or srvices you won't receive.

13.5 We can withdraw products or services. We can stop providing a product or service, such as an ongoing service or a subscription for digital content or goods. We let you know at least 30 days in advance and we refund any sums you've paid in advance for products or services which won't be provided.

14 GENERAL

14.1 You must provide us with all information and assistance we reasonably require. We may from time to time require specific information form you relating to your property, existing fixtures or your requirements for the project in order to complete work for you. We may also require that you take certain reasonable steps to enable us to complete our work, such as setting up user accounts, obtaining digital identifies or information, or appointing third party services. You agree to provide all such information and cooperation in a timely and efficient manner, and you agree that we shall have no liability to you for the results of any delay in providing such information or cooperation.

14.2 We're not responsible for delays outside our control. If our supply of your product is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our customer service team (sales@nickevans.it) to end the contract and receive a refund for any products you have paid for in advance, but not received.

14.3 We charge you if you don't give us information we need or do preparatory work as agreed with us. We charge you additional sums if you don't give us information we've asked for about how we can access your property for delivery, installation or to provide services or if you don't do preparatory work for installation, as agreed with us. For example, we might need to re-deliver on another vehicle or with extra manpower, reschedule services, and the rescheduling charges set out in these Terms of business shall apply.

14.4 We can end our contract with you. We can end our contract with you for a product or service and claim any compensation due to us (including applicable enforcement costs) if:

(a) you don't make any payment to us when it's due and you still don't make payment within fourteen (14) days of our reminding you that payment is due;

(b) you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product or service;

(c) you don't allow us to perform our services or supply products or digital content at the times we have agreed with you in these Terms of Business and your Quotation.

14.5 We don't compensate you for all losses caused by us or our products. We're not responsible for losses you suffer caused by us breaking this contract if the loss is:

(a) Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

(b) Caused by a delaying event outside our control. As long as we have taken the steps set out in the section 14.2 above entitled ‘We're not responsible for delays outside our control’.

(c) Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.

14.6 Liability cap for business customers. To the extent that you use a product for the purposes of your trade, business, craft or profession then our total liability to you for all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to what you paid for the product and all claims for loss of profit or indirect or consequential loss are wholly excluded.

14.7 We use your personal data as set out in our Privacy Notice. How we use any personal data you give us is set out in our Privacy Notice: https://www.nickevans.it/privacy.

14.8 You have several options for resolving disputes with us:

(a) Our complaints policy. Our customer service team available at sales@nickevans.it will do their best to resolve any problems you have with us or our products and services as per our complaints policy on our website.

(b) Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You agree that we will attempt to resolve any disputes by mediation before commencing any court action against us. We may agree an alternative method of dispute resolution at your request.

(c) You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

14.9 We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract.

14.10 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

14.11 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

14.12 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn't mean we can't do it later.