Service: Terms & Conditions
Service: Terms & Conditions
[Insert Company Name Here], a company registered in England and Wales ([Insert Company Number Here).
Registered address: [Insert Registered Address Here]
East Riding of Yorkshire Council Dog Day Care License no: [Insert License Number Here].
TERMS & CONDITIONS (“the contract”)
1. By enrolling your dog with or permitting a dog to attend or accepting the Services of [Insert Company Name Here] and its staff, the Client is deemed to have accepted these Terms and Conditions.
2. The Client agrees that, in admitting their dog, [Insert Company Name Here] has relied on the Client’s representation that their dog is in good health and has not harmed or shown aggression or threatening behaviour toward any person or any other dog. The Client has explicitly confirmed that their dog has no record of aggressive or anti-social behaviour and they have made a full and frank disclosure of any characteristic or trait that might make their dog unsuitable for socialising with other dogs.
2.1. The Client agrees to notify [Insert Company Name Here] immediately of any unwelcome, aggressive, procreative, or dangerous behaviour of their dog that has potential to cause harm.
3. All dogs will be subject to an initial half day assessment by [Insert Company Name Here] staff prior to using [Insert Company Name Here]’s services. [Insert Company Name Here] reserves the right to refuse admission to any dog deemed in their absolute discretion to be, or have the potential to be, dangerous or disruptive. [Insert Company Name Here] may also at their discretion, refuse admission to any dog who they feel would be in distress or who is showing signs of being anxious.
3.1. [Insert Company Name Here] also reserves the right to refuse the Client’s service or contract or admission to a Client if the Client fails to provide adequate proof of vaccinations (including bordetella), or the vaccinations are found to be expired or otherwise incomplete. A valid Titre Test may be accepted however this should be discussed with [Insert Company Name Here] staff before enrolling.
3.2. Should the Client’s dog be deemed to be unsuitable by [Insert Company Name Here], [Insert Company Name Here] reserves the right to cancel any booking indefinitely or deny admission, with immediate effect. [Insert Company Name Here] will do everything they can to ensure the safety of all dogs in their care and will endeavour to provide an alternative arrangement, should this be possible.
4. [Insert Company Name Here] offer services where dogs from multiple households may be together and the Client accepts that during the course of normal dog play their dog may sustain injuries. All dog play is carefully monitored to avoid injury, but scratches, punctures, torn ligaments, or other injuries may occur despite the best supervision. By signing these Terms and Conditions, the Client gives their consent that their dog will be socialised with dogs from other households who have also passed - or are undertaking - their half day assessment. No dog will be forced to play or socialise with another dog it is frightened of and we have separate areas in the day care centre to allow different dogs with different temperaments, playing styles and even based upon the size of the dog if necessary, to be separate. [Insert Company Name Here] also have the space to allow each dog to retreat if needed.
5. [Insert Company Name Here] may act in the Client’s absence as guardian of their dog and may perform or take any action which they deem necessary in order to protect and keep in good health the Client’s dog. The Client is responsible for the full cost of treatment of any injuries or illness that their dog receives while under the care of [Insert Company Name Here], together with any associated costs. The Client authorises [Insert Company Name Here] to seek such veterinary advice and/or treatment as they deem necessary; where possible this will be carried out by the Client’s usual/preferred Vet, but this cannot be guaranteed (e.g. in an emergency) and the Client accepts that the staff of [Insert Company Name Here] may at their discretion use their registered and closest vet, End Cottage Veterinary Practice.
5.1. [Insert Company Name Here] are committed to ensuring the health and wellbeing of all dogs in their care and thus will contact the Client and/or the emergency contact provided when initially registering for day care if this is possible. This however may not be possible and in the best interest of the dog and the Client accepts that [Insert Company Name Here] will do everything they can, as quickly as they can - even if this means not contacting the Client beforehand, but only when time is of the essence.
5.2. All dogs in day care will have at least 3 opportunities a day to be outside to toilet. This however will likely be a lot more unless the weather does not permit this. Extreme weather conditions such as snow or extreme heat may cause the dogs to be inside the facility more than being outside.
5.3. Extreme weather conditions may also, rarely, cause the centre to remain closed. The Client will be contacted via WhatsApp and email as soon as possible, should this be the case. [Insert Company Name Here] will also publish any day care closures on their social media channels. [Insert Company Name Here] reserve the right to close day care temporarily at their discretion however the Directors will do everything they can to ensure day care is not closed unless absolutely necessary. Any sessions and relevant payments will not be taken and the unused days can be carried over by the Client for any closures which are out of the Client’s control.
6. [Insert Company Name Here] requires one month’s notice of cancellation of their contract. The Client agrees to provide such notice or pay the amount that would be due during this notice period. The Client may cancel with notice at any time; there is no minimum term of contract. This cancellation notice, as above, is for the termination of the entire contact with [Insert Company Name Here], not per service.
6.1. Full payment for services (agreed either at time of booking or subsequently) is to be made within 7 days of receipt of invoice or, by the date specified on the invoice. Time for payment shall be of the essence of the Contract. Payment should be made by bank transfer. If the Client fails to make any payment due to [Insert Company Name Here] under the Contract by the due date for payment, then the Client shall pay interest on the overdue amount at the rate of 8% percent per annum above Barclay Bank Plc’s base 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 Client shall pay the interest together with the overdue amount plus any and all additional administrative, debt collection costs and legal fees incurred.
6.2. The Client shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). [Insert Company Name Here] may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Client against any amount payable by [Insert Company Name Here] to the Client.
6.3. If additional services are booked in any one month after advance payment has been made (should the client have opted into the advanced payment option), they will be charged at the full rate - not the advance payment discounted rate. The only exception to this is if the service is booked before the invoice for that month has been paid (in the first 7 days of the month) and thus, in the 7 day payment window - before any invoice has been paid - when they will be charged at the usual payment rate. As standard, Client's pay in arrears (at the end of the month) and thus pay the standard prices. This option allows much more flexibility for the Client. Should a Client who pays in arrears request a service during that month, they will pay the standard price as normal and as all other services. The only exception to this is if the Client requests an additional service(s) with less than 48 hours notice. In this case, the last-minute additional service is chargeable at £1 more than standard price. This is due to [Insert Company Name Here] potentially having to swap staff shifts, the additional admin, planning etc.
6.4. On termination of the Contract for any reason the Client shall immediately pay to [Insert Company Name Here] all of [Insert Company Name Here]’s outstanding unpaid invoices and interest and, in respect of services supplied but for which no invoice has been submitted, [Insert Company Name Here] shall submit an invoice, which shall be payable by the Client immediately on receipt.
7. The Client will take responsibility for any costs which may be incurred, by either veterinary or other, as a result of any damage, accident, or sickness caused to or by their dog and will pay any such costs or expenses on demand. This may be via their insurance, should their dog be insured, however payment must be made to [Insert Company Name Here] within 7 days of receipt, regardless of whether the Client’s insurance has paid out yet or not.
7.1. Nothing in the Contract shall limit or exclude [Insert Company Name Here]’s liability for:
a. death or personal injury to a human being 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, [Insert Company Name Here] shall not be liable to the Client, 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. Subject to clause 7.1, [Insert Company Name Here]’s total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to £1,000 or the total fees paid under the Contract, whichever is lower.
7.4. The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
7.5. This entire clause 7 shall survive termination of the Contract.
7.6. In agreeing to the figure set under clause 7.3. above the Client agrees that he/she is able to insure the Client’s dog under a pet insurance policy and is likewise able to insure home and property contents under a house and contents insurance policy. The Client is advised to notify his/her insurers of the day care arrangement in order to be covered under the pertinent insurance policies. The Client understands that [Insert Company Name Here] is only able to offer its competitive fees on the basis of its Clients insuring its pets appropriately.
8. The Client’s dog may be transported with other dogs in a [Insert Company Name Here] vehicles. The Client agrees that [Insert Company Name Here] cannot be held liable for death or injury to their dog in the event of a motor vehicle accident.
9. [Insert Company Name Here] may hold in possession the keys to the Client’s home and the Client is responsible under clause 7.6. above for making arrangements with its own insurers with this regard.
10. If the Client is using [Insert Company Name Here]’s pick up and drop off service and they live in an area which requires a parking permit, a permit must be provided to [Insert Company Name Here].
10.1. For those using the pick up and drop off service, all dogs must be in a secure location prior to collection by the dog walker. Loose in a garden does not constitute this.
10.2. The Client agrees, if using the pick up and drop off service provided by [Insert Company Name Here] to provide keys/arrange access to the dog for the agreed appointment; failure to do so will result in a cancellation for that day’s service and will be paid in full by the client. The Client hereby gives permission to [Insert Company Name Here] to hold keys to their property, which they have willingly provided as well as giving permission to [Insert Company Name Here] to enter their property to carry out the booked service. The Client indemnifies [Insert Company Name Here] in full against any liability arising from loss or damage to the property or its contents, in present and future circumstances.
10.3. If the Client has selected the pick up and drop service, [Insert Company Name Here] aim to collect dogs between approximately 07.30 - 09.00 and drop off between 16:00 - 17.30 for full days. For mornings the collection time will be the same as a full day and the drop off 11.30 - 12.30. For afternoon sessions the collection will be 11.45 - 12.45 and drop off the same as a full day session. [Insert Company Name Here] aim to stick to these times as far as possible but cannot guarantee due to unforeseen circumstances and reserve the right to change the times when needed. The Client will be notified as soon as possible, should they need to arrange alternative care for their dog due to unforeseen circumstances. The Client will not be charged for the service which [Insert Company Name Here] have been unable to provide due to unforeseen circumstances regarding transport or any other unrelated eventuality. For Clients who have paid in advance, they will be able to carry over this unused day to the following month and this will not be included in the quota of the 2 days in which they are contractually allowed to carry over if requested, as per 13.1. If a session is delayed due to transport, but can still be completed on that day, the Client is not entitled to any refund.
11. At [Insert Company Name Here] we pride ourselves in providing a safe, stable and caring environment and as per point 3, can terminate any contract should the staff feel it necessary for the wellbeing and safety of the dog in question, the staff or other dogs attending day care. As standard, we have therefore implemented a 3-strike policy for day care dogs that ensures the well-being of dogs, our team and our business in general. In order to continue upholding our excellent safety record we will continue to monitor and record any issues, and behaviour patterns for all the dogs in our care.
What warrants a strike?
- Aggression from a dog toward other dogs/people.
- Dogs that bully and/or harass other dogs on a continuous basis.
- Dogs that present excessive and out of control barking.
- Disruptive and out of control dogs that do not listen to staff instructions.
- Dog owners that fail to follow our team feedback/instructions.
- Dogs with issues over resources (possessiveness over toys/treats/people).
- Dog owners that do not follow our Day Care Terms and Conditions.
If you or your dog present a behaviour that warrants a strike, you will be verbally informed by our staff (this will also be recorded in writing on the pet notes section on petsitterplus, visible to staff) and given sufficient time, should this be necessary or appropriate, to amend any issues. You may request a consultation with an external, qualified dog trainer and/or behaviourist to address the behaviour seen in the day care environment, if the team agree to it and deem it necessary. Dogs and dog owners given their third strike will not be allowed to use our Day Care services and [Insert Company Name Here] can terminate any contract with immediate effect, should this be the case. Clause 6.3. will then be activated and all services which may be outstanding must be paid for immediately by the Client. Please note, as per clause 3, the 3-strike policy may be skipped entirely should the staff at [Insert Company Name Here] deem it necessary.
12. All dogs will have access to an outside area at [Insert Company Name Here] which is surrounded by a 6 foot high fence. Dogs will be supervised at all times when at day care however the Client agrees to assume full liability if their dog escapes or causes damage to property, itself or any other dogs. [Insert Company Name Here] cannot be held responsible for any escape via any means. P[Insert Company Name Here] have been assessed by East Riding of Yorkshire Council who have confirmed that the day care centre is safe for dogs and that two physical barriers are present between all exits.
13. If the Client cancels a service with less than 48 hours notice, payment will be required in full on the agreed payment/invoice date at the end of the month (unless previously paid for via payment in advance). Should a service be cancelled with less than 48 hours notice and the Client has paid in advance, this service cannot be carried over as per 13.1. Should the Client want a refund for any service which has been paid for in advance and cancelled with more than 48 hours notice, they must request this by emailing firstname.lastname@example.org.
13.1. When opting to pay in advance, the Client must use all pre-paid, pre-booked sessions in the specified month. In some circumstances, Client’s may carry up to 2 pre-paid sessions over to the next month. Otherwise, these sessions and the payment will be lost. Should the Client cancel a service with less than 48 hours notice, as per clause 13, the Client will not be able to carry the late-notice, cancelled service over to the following month and will be charged in full.
13.2. If the Client cancels regular slots for consecutive weeks totalling 4 or more weeks, [Insert Company Name Here] reserve the right to terminate the Client’s contract with [Insert Company Name Here] and the Client’s dog’s place will no longer be reserved for them and will be given away. If the Client wishes to enrol their dog thereafter, the Client will join the bottom of the waiting list and will start the process of enrollment again, as per clause 23.
14. All payments will be invoiced in arrears at the end of the month and clients will be given 7 days in which to make the payment via bank transfer unless advanced payments have been agreed with [Insert Company Name Here]. No matter whether the Client pays in advance or in arrears, if payments are not received within 7 days, please refer to clause 6.1.
15. If more than one dog in a household attends [Insert Company Name Here] Day Care at the same time, they will receive 50% reduction off the daily rate per dog, from the daily rate. As per clause 10.3, should more than one dog from the same household request our pick up and drop off service, the Client will only pay for this service once, per household and not per dog.
16. Late collection or drop off of dogs. The Client understands that [Insert Company Name Here]’s Day Care closes at 5.00pm (Monday to Friday). If the Client is not using the pick up and drop off service and is going to be late collecting their dog - outside of the 1 hour time window whether that be between 11:30am - 12:30pm for morning sessions or between 4:00pm - 5:00pm for afternoon or full day sessions - the Client must inform [Insert Company Name Here] as soon as possible via telephone. If the Client arrives 5 minutes after the 1 hour time window that [Insert Company Name Here] has allocated, they will be charged £5 and an additional £5 for every 15 minutes thereafter. Similarly, should the Client be late dropping their dog off for their session, the Client is not entitled to any form of refund for time missed.
17. Spayed/neutered. All dogs attending [Insert Company Name Here] need to be spayed/neutered from approximately 1 year old. This can vary by a few months depending on the breed and when bitches have their first season. Any dogs attending [Insert Company Name Here] who have not been spayed/neutered after one year old and where the owners have not planned to have this done in the next few months will be refused at [Insert Company Name Here] until the dog has been spayed/neutered. Bitches in season should not brought to day care and Pack Leaders should be notified immediately.
17.1. Bitches can not attend day care while in season or pregnant indefinitely. [Insert Company Name Here] must be notified as soon as possible if a bitch is in season and the dog must not attend day care until the season has ended, as confirmed by a registered vet. As standard, dogs will be supervised at all times when at [Insert Company Name Here] however [Insert Company Name Here] cannot be held responsible for any dog becoming pregnant when in their care.
18. All dogs must wear a collar and tag with the telephone number of the Client engraved upon it when at day care. All leads, collars, harnesses, muzzles or any other clothing or accessories which the dog wears outside of the house must be left in an accessible place for [Insert Company Name Here] if using our pick up and drop off service or the dog must be wearing them when dropped off at day care by the Client. [Insert Company Name Here] is not liable for any injury or any damage caused or incurred by the Client's dog escaping due to an ill fitting or faulty collar or harness. Similarly, the Client accepts that [Insert Company Name Here] cannot be held responsible for any clothing or accessories, including but not limited to; collars, leads and harness, breaking of becoming damaged. The Client is solely responsible to all costs relating to replacing these items and [Insert Company Name Here] are not responsible.
18.1. Dogs will be required to wear their collar at all times when at day care and if they regularly wear a harness when out, will be required to keep their harness on as well. This is for the safety of themselves, the other dogs and [Insert Company Name Here] staff. Having both a collar and a harness on allows [Insert Company Name Here] an easier way to get ahold of the dog should any fights or issues occur. The Client can request their dog does not wear a harness when at day care however [Insert Company Name Here] has the final say on this and the decision lies with [Insert Company Name Here] indefinitely. [Insert Company Name Here], when making the decision, will make it in the best interest of the Client’s dog and all other dogs and staff in the facility.
19. The Client accepts that even though their dog may have an up to date Kennel Cough vaccination, there is a chance that their dog can still contract Kennel Cough. The Client agrees that they will not hold [Insert Company Name Here] responsible if their dog contracts Kennel Cough.
20. The Client agrees to take any necessary measures or precautions to ensure that their dog is continuously free of contagious, infectious, or otherwise communicable diseases. The Client further agrees to notify [Insert Company Name Here] immediately of any infectious and/or contagious disease or conditions their dog has been exposed to or is affected by Such diseases and conditions include, but are not limited to: Distemper, Hepatitis, Kennel Cough (Bordetella), Parvovirus, Coronavirus, worms, Lyme disease, Fleas, Pregnancy, Infectious Skin Diseases and Intestinal Parasites. [Insert Company Name Here] reserves the right to refuse admission until satisfied that the condition is resolved.
21. The Client gives consent for their dog’s images to be used in photo or video format on [Insert Company Name Here] promotional material and social media or in any format that [Insert Company Name Here] considers appropriate. Any images and messages sent in the Client’s [Insert Company Name Here]’s ‘Pupdates’ group belongs to [Insert Company Name Here]. Any images or messages taken from this group by the Client and replicated must tag [Insert Company Name Here].
21.1. The Client agrees that their telephone number will be added to their dog’s WhatsApp ‘Pupdates’ group whereby members of staff from [Insert Company Name Here] will share photos, videos and comments with them of their dog whilst in the care of [Insert Company Name Here].
22. Dogs will not be fed at day care unless the Client requests this. It it the decision of [Insert Company Name Here] as to whether they will feed the Client’s dog or not.. Should dogs need to be fed when at day care, the owner will provide the necessary instructions such as amount of food, time to feed, how to feed etc. as well as a bowl and any other necessary equipment. It is the Client’s responsibility to not only provide the food that their dog needs to eat but also disclose any special request or dietary requirements to [Insert Company Name Here]. These should all be discussed and agreed with the Client beforehand and logged in the dog’s record. [Insert Company Name Here] cannot be held responsible for incorrect information given by the owner which may result in an injury, illness or death of their dog when being fed at day care.
22.1. The Client must bring their dog’s food in on the day it is to be eaten. One weeks worth of wet food in unopened tins may be stored at day care (provided by the Client ) however this is subject to storage space.
22.2. When feeding dogs at [Insert Company Name Here] if required, dogs will be fed one by one. They will be taken out of the main quarters and taken either to the kitchen or the reception to eat their meal as this is well away from other dogs and they cannot see nor hear other dogs in these areas. They should be supervised at all times when eating and will have access to water at all times, whether eating or not.
23. To enroll a dog to day care, the Client must take the following route to do so, filling in all required forms and sections. If any of the following are not completed, enrollment has not been successful. [Insert Company Name Here] can not be held responsible for the Client not filling in the enrollment forms successfully.
The enrollment process:
- The Client must first navigate to our website www.pawsandplayyorkshire.co.uk
- Through whichever route/page they chose, they must visit our day care /join/day-care/register page
- This is where the Client will need to book their meet & greet in and then before the meet & greet, fill in the day care form.
- The meet & greet must be completed in the reception at day care, or in some circumstances, if requested and agreeable by both parties, at the Client’s home.
- The dog must then successfully pass the half-day assessment in order to be officially enrolled at day care.
All of the above must be completed in order for the dog to be enrolled and an official Client of [Insert Company Name Here]. [Insert Company Name Here] cannot be held responsible for any of the above not being understood or completed by the Client successfully.
23.1. As per the license granted to [Insert Company Name Here] by East Riding of Yorkshire Council, only 8 dogs are allowed in the centre at any one time, for every member of staff. [Insert Company Name Here] therefore may not be able to accept every dog as soon as they register. Therefore, those who try and apply for a place for their dog when we are at full capacity, or for another reason cannot currently accept any more dogs, will have the option to add themselves to the waiting list. The waiting list will be populated on a first come, first served basis and as soon as a place becomes available, the first person on the waiting list will be contacted. [Insert Company Name Here] cannot be held responsible for any technical issues or failures which results in a Client’s place being lost or not being able to access the website when needed.
23.2. Each dog must pass a half day assessment in order to be enrolled into day care. This is the last step in the enrollment process as seen in 23. As per the license issued to [Insert Company Name Here] by East Riding of Yorkshire Council, every dog must be screened before being enrolled into day care to ensure they do not pose a risk to themselves, other dogs and staff at [Insert Company Name Here]. As well as this, [Insert Company Name Here] need to ensure the dog in question is enjoying themselves and showing no signs of stress or anxiety. The Client may request a copy of the assessment form upon completion from [Insert Company Name Here], should they wish. The Client will be informed on the day of the assessment as to whether their dog is a suitable candidate for day care or not. This decision is final and is that of [Insert Company Name Here]. The Client may reapply for their dog to attend day care following formal training or a behaviourist course, should this be deemed necessary however it is at the discretion of [Insert Company Name Here] as to whether they accept the re-submission or not. Should the client wish to re-apply, they must join the bottom of the waiting list again as per 23.1. and complete the enrollment process again when the time comes as per 23.
23.3. Should a dog be unsuitable for day care, on a temporary or permanent basis, the Client will be contacted and asked to collect their dog as soon as possible - even if this means cutting the booked session short. The Client's dog may be separated from other dogs if necessary whilst the Client comes to collect their dog. Should a session be cut short for any reason, the Client is responsible for paying for the full session. Client's can request a discounted rate for said session and must approach [Insert Company Name Here] to arrange this.
23.4. Meet and greets are a vital part of the day care process. They allow the Client to meet the [Insert Company Name Here] staff who will be caring for their dog as well as allowing all parties to meet and become comfortable with each other before the dog is enrolled. A dog cannot be enrolled without a successful meet and greet. As standard, meet and greets are conducted in the reception are of the registered premises address, as seen at the beginning of these Terms and Conditions. [Insert Company Name Here] must complete the meet and greet form during the meeting. The Client must have completed both forms online as in clause 23 before the meet and greet meeting. Should the Client fail to complete both forms and attend the meet and greet, [Insert Company Name Here] reserve the right to refuse the meet and greet meeting until after the forms have been completed. Should the Client’s dog show any signs of aggression or anxiety or any other behaviour which [Insert Company Name Here] deem to be unsuitable for day care, [Insert Company Name Here] reserves the right to end the enrollment process there and not progress the dog to have a half-day assessment.
23.5. Following a successful meet and greet, the Client will receive an email with their log in details for the Client portal which is hosted on petsitterplus. The Client agrees to keep their portal up to date with all of their details and their dogs details including but not limited to; vaccination details, contact details, medical information and more. It is the responsibility of the Client to ensure their details are up to date and they can therefore receive communications from [Insert Company Name Here]. Client’s will be able to view their schedule, invoices, payments and more on the portal. Client’s will also be able to book in adhoc sessions if needed as well as cancel sessions. No session is booked in until the Client receives an email stating their request has been confirmed. [Insert Company Name Here] cannot be held responsible for client’s email client blocking or marking any emails from email@example.com or petsitterplus. The Client agrees for their details as well as their dogs details and day care records to be stored in our third party app, petsitterplus as well as in paper form. All online records will also be backed up on 2 hard drives which will be kept in locked, secure locations.
24. 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.
25.Entire Agreement. This agreement constitutes 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.
25.1. 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
26. Variation. No variation of the Contract shall be effective unless it is in writing and notified or accepted by [Insert Company Name Here] (or its appointed director(s)).
27. Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:
a. waive that or any other right or remedy; or
b. prevent or restrict the further exercise of that or any other right or remedy.
28. Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
29. Notices. Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or email to the correct addressed email address if sent delivered-read (so email delivery and receipt can be acknowledged).
29.2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the Client’s address provided by him/her; if sent by pre-paid first class post or other next working day delivery service to the same address, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or email one business day after transmission
29.3. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
30. Third parties. No one other than a party to the Contract shall have any right to enforce any of its terms.
31. Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
32. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
33. These Terms & Conditions may be updated at any time by [Insert Company Name Here] and it is the responsibility of the Client to ensure they are checked regularly. These Terms & Conditions were last updated on 01/01/22.