0207 1498993

Important notice about your contract

Property and Homes Management LTD acts as an introductory agent for providers of a wide range of tradesman and professional services and we are authorized by the tradesmen and professionals to offer their services to you.

We will do this by taking the details of the work(s) to be carried out, providing you with a maximum of 4 quotes of a suitable Provider (with a maximum of 3 attempts to secure quotes), confirming a time that is suitable for both yourself/tenant and the Provider in order to access the property to carry out the service and sending you an email confirming the final details of the job and providing another copy of these Services Terms and Conditions via a link.

The contract between the Customer and the Provider will come into force once the Landlord approves a Provider as detailed below and these Terms will become binding on both parties. Please note that your contract is with the Provider and not Property and Homes Management LTD and responsibility for the provision of the services rests solely with the Provider.

Please read these terms and conditions carefully as they will be legally binding on you once you enter into a contract with a Provider.

1.  DEFINITIONS

When the following words with capital letters are used in these Terms, this is what they will mean:

Property and Homes Management Ltd a company registered in

England under registered company number 10653830 whose registered office is located 27 Old Gloucester Street, London, WC1N 3AX

Customer: an individual who uses our Services. This can be the landlord or the tenant.

Consumer Contracts Regulations: the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (2013/3134), as may be amended from time to time;

Event Outside the Provider’s Control: is defined in clause 10;

Landlord First Confirmation Email: the email sent to the landlord following the initial booking enquiry (either made by the landlord themselves or the tenant), attaching a copy of these Terms and setting out the details of the Services you have requested;

Tenant First Confirmation Email: the email sent to the tenant confirming the details they have logged online which would then be sent to the landlord for approval for works to be carried out;

Landlord Second Confirmation Email: the email sent to the landlord setting out the list of potential Providers with their cost estimates or requests to view the works in order to provide a cost estimate. The contract between the Customer and the Provider will then come into force and these Terms will be binding once the Landlord approves a Provider;

Tenant Second Confirmation Email: the email sent confirming that the Landlord has approved the job request;

Landlord Third Confirmation Email: the email sent confirming the date and time the approved job request has been booked.

Tenant Third Confirmation Email: the email sent confirming the date and time the approved the job request has been booked;

Landlord Fourth Confirmation Email: the email sent confirming the completion of the approved job request;

Tenant Fourth Confirmation Email: the email sent confirming the completion of the approved the job request;

Provider: the tradesman/professional allocated to provide the Services to you;

Services: the services that the Provider is providing to you in accordance with your booking and as set out in the First Confirmation Email;

Terms: the terms and conditions set out in this document;

VAT: value-added tax;

Working Days: Monday to Friday each week, excluding Bank Holidays.

2. YOUR CONTRACT WITH THE PROVIDER

2.1 These Terms are the terms and conditions on which the Provider carries out the Services for you along with their own terms and conditions which can be provided to you, by them, upon request. Please ensure that you read them carefully.

2.2 As a Customer, your contract with the Provider will be formed in the following way:

• When you or your tenant raise a job request on our website or mobile app, you acknowledge that you or your tenant have read and understood the Terms of Use.
• Property and Home Management LTD will then send the Landlord First Confirmation Email and the Tenant First Confirmation Email, providing a copy of these Terms.
• The Landlord can then either approve or reject the job request.
• If the Landlord approves the job request, we will send the request out to potential Providers who will then provide a quote for the job to be carried out.
• Property and Home Management LTD will then send the Landlord Second Confirmation Email. The quotes included in the email will constitute an offer.
• The Landlord will then proceed to approve a Provider and by virtue of doing this, it will constitutes the acceptance of the offer. The contract between the Customer and the Provider will then come into force and these Terms as detailed below will be binding.
• Once the Landlord has approved a Provider, the Tenant will be sent the Tenant Second Confirmation Email.
• Following this, both Landlord and Tenant will be sent a further email confirming details of the booking and the identity of the Provider who will provide the Services.

2.3 As a Customer, you have special rights under the Consumer Contracts Regulations to cancel your contract for any reason during a 14-day cancellation period. The cancellation period begins the day after the contract was made. Your cancellation rights under the Consumer Contracts Regulations are explained to you in more detail in clause 11.

2.4 Property and Home Management LTD may send you an email to remind you about your booking and the details of the Provider who will perform the Services for you. However, it is your responsibility to ensure you are aware of these details.

2.5 For the avoidance of doubt, Property and Home Management LTD acts as an introductory agent for the Provider and is authorized by the Provider to enter into a contract with you on its behalf. Your contract is with the Provider and responsibility for the provision of the Services is the Provider’s alone. You agree that Property and Home Management LTD takes no responsibility (directly or indirectly) and incurs no liability of any kind for the provision of the Services by the Provider.

2.6 If you are a Customer and you are within the 14-day cancellation period (see clause 11), you or your tenant may make a change to the booked Services without charge at any time prior to the start of the Services by contacting Property and Home Management LTD on enquiry@propertyandhomes.co.uk. Please try to give at least 48 hours’ notice, otherwise the Provider may not be able to accommodate the changes you wish to make.

2.7 If the 14-day cancellation period has expired (see clause 11), you or your tenant may make a change to the Services without charge up to 48 hours before the start date for the Services by contacting Property and Home Management LTD on enquiry@propertyandhomes.co.uk. Where this means a change in the total price of the Services, Property and Home Management LTD will notify you of the amended price in writing. You can choose to cancel the Services in accordance with clause 11 in these circumstances. If you or your tenant change the date the Services are to be performed without giving 48 hours’ notice, this will be treated as a cancellation and in these circumstances you agree to pay any call out/cancellation charges.

2.8 If you wish to cancel the Services, please see your right, and the procedure for doing so, in clause11.

2.9 Property and Home Management LTD shall have no obligation to provide an estimate and may withdraw any estimate at any time prior to sending the Confirmation Emails.

3. PROVIDING SERVICES

3.1 The Provider will supply the Services to you.

3.2 The Provider will make every effort to provide the Services within a reasonable timeframe. However, there may be delays due to an Event Outside the Provider’s Control. See clause 10 for the Provider’s responsibilities when an Event Outside the Provider’s Control happens.

3.3 The Provider will provide you with the Services:

• using reasonable care and skill;
• in compliance with commonly accepted practices and standards in the relevant industry or trade; and
• in compliance with all applicable laws and regulations (including employment laws) in force at the time of providing the Services.

3.4 The Provider may take photographs and/or video and/or audio recordings before, during and/or after the provision of the Services for quality control purposes and/or if in their absolute discretion the Provider believes that there may be a factor which may obstruct or affect the provision of the Services or might hinder with the quality of the Services.

3.5 The Provider may sub-contract or delegate some or all of the performance of the Services, but it will still continue to be responsible for the performance of the Services and its obligations under the contract.

3.6 In the case of regular services, the Provider does not guarantee that the Services will always be performed by the same individual(s), as the availability of any individual will fluctuate from time to time and an individual may cease to be available altogether at any time. The Provider shall be under no obligation to comply with any request to allocate any particular individual(s) to perform the Services.

3.7 During the provision of the Services to you by the Provider, the Provider and Property and Home Management LTD shall each maintain in force, with a reputable insurance company:

• public liability insurance
• employer’s liability insurance (if applicable).

4. YOUR OBLIGATIONS

4.1 You or your tenant will provide, on request, any information that the Provider reasonably requires to enable the Provider to provide the Services, for example, information relating to the size, measurements or layout of or access to the property. If any information you provide is incomplete or incorrect, the Provider may make an additional charge.

4.2 Where performance of the Services requires access to your property, you or your tenant will allow the Provider to gain access to your property at the agreed dates and times when the Provider will perform the Services.

4.3 You will be responsible (at your own cost) for providing a running water supply and electricity at the property where the Services are to be carried out. You will also allow the Provider to use your toilet and washing facilities.

4.4 You will be responsible (at your own cost) for obtaining all necessary planning, landlord or other consents, permissions and approvals before the Provider starts performing the Services and shall provide a copy to the Provider if reasonably requested to do so.

4.5 You will be responsible (at your own cost) for preparing your property for the supply of the Services including, where necessary, making safe any appliances or equipment at the property and removing (if you are able to) any items from the areas in the property where the Provider will be performing the Services by the date or time when the Provider is due to start performing the Services.

4.6 You will be responsible (at your own cost) for covering any items, furniture or fixtures or fittings which you will not be moving from the areas at the property where the Provider will be working in order to protect them from dust or dirt. You will also be responsible for securing or removing any valuables, breakables or sentimental items prior to the start of the Services.

4.7 You will be responsible (at your own cost) for providing or arranging a suitable car parking space (and visitor parking permit, if required) for the Provider’s vehicles within close proximity to the property and for paying any charges payable by the Provider in connection with the provision of the Services to you.

4.8 Where the provision of the Services cannot be completed in a single day, you will allow the Provider to leave its tools and any materials at your property overnight or at any other times when it is not performing the Services.

4.9 You must ensure that prior to the start of the Services, if there will be any animals present at your property whilst the Provider is on site, that (at your own cost) such animals are adequately secured and cared for. You must ensure that there are no unaccompanied children at the property whilst the Provider is on site. Under no circumstances shall the Provider accept any responsibility for the care of any children or animals at the property.

4.10 You will be responsible (at your own cost) for arranging any transportation which may be necessary for yourself and any other person in your care during the provision of the Services. For the avoidance of doubt, the Provider shall under no circumstances transport you or any other person between properties during any removal services.

4.11 You will ensure that you have adequate buildings and contents insurance and occupier’s liability insurance in place and will provide a copy to the Provider if reasonably requested to do so.

4.12 Unless agreed otherwise in writing, you will be the Provider will responsible for the removal of the waste materials resulting from the works done from your property following completion of the Services.

4.13 If you do not comply with or fulfil your obligations under this clause 4, the Provider may be prevented from performing the Services. If so, such failure will constitute an Event Outside the Provider’s Control and entitle the Provider to suspend the Services in accordance with clause 10 or cancel them in accordance with clause 12. If the Provider is prevented from performing the Services at the time agreed, or at all, as a result of the Customer’s failure to fulfil your obligations under this clause 4, you agree to pay the call out/cancellation charges (subject to any cancellation rights you may have as a Customer under clause 11).

5. SITE VISITS

Some of the services the Provider offers may require a site visit to be carried out prior to the provision of such Services. If such a site visit is required, the Provider will let you know before the agreed date and time of when the Service will be provided this will be organized via the platform on the website.

If a site visit is required, a fee may be payable in addition to that already estimated.

A site visit may be undertaken on the same day as the Services are to be carried out, but in any case, the site visit shall constitute a Service, separate from the Services to which the site visit relates. If the Provider attends your property to undertake the site visit at the agreed time and date but is unable to gain access, or you cancel the Services after the Provider’s arrival, then in accordance with clause 11 the Provider shall be entitled to retain a reasonable proportion of the site visit fee to cover the

Provider’s expenses for having attended the property.

6. CHANGES TO THESE TERMS

These Terms may be amended by Property and Home Management LTD from time to time at its sole discretion. By way of example only, this may be necessary to:

• reflect changes in how the Provider accepts payment from you;
• reflect operational changes to the provision of the Services;
• correct an obvious error;
• reflect changes in rates and/or prices as permitted by clause 8; and
• comply with changes in relevant laws and regulatory requirements.

Change to these Terms shall be effective as soon as they are updated.

7. IF THERE IS A PROBLEM WITH THE SERVICES

7.1. In the unlikely event that the Services have not been provided in accordance with the contract or to a reasonable satisfaction:

• please contact Property and Home Management LTD and explain the problem in writing to enquiry@propertyandhomes.co.uk as soon as reasonably possible and in any case within the period of 48 hours of the completion of the Service;
• due to the nature of the Services, all Services shall be deemed to have been performed in accordance with the contract and to reasonable satisfaction, unless you notify us within 48 hours of completion of the Service; and
• the Provider will use every effort to correct, repair or fix defects as soon as reasonably practicable if such problems or defects are found to have been caused by the Provider. You will not have to pay for the Provider to correct, repair or fix a defect with the Services under this clause

7.2. For the avoidance of doubt, the Provider and/or Property and Home Management LTD shall have no responsibility or liability under clause 7.1 in relation to any of the following:

• your failure to notify the Provider and/or Property and Home Management LTD of any defect with the Services within the period 48 hours of completion of the Service;
• disruption to the Services or damage to the property or belongings caused by third parties who are present on site during the performance of the Services by the Provider;
• damage or defects caused by your negligence, willful act or faulty workmanship, or that of any third party engaged or authorized by you to carry out any work for you;
• damage to your garden and/or any vegetation on the property where the Provider has followed your instructions regarding the care and treatment of such garden and/or vegetation;
• damage to the property caused by waste left behind following completion of the Services, save where the same has been caused by the Provider’s negligence or failure to exercise reasonable care and skill;
• damage to items which require specialist or non-standard care where the Provider’s attention has not be specifically drawn to such requirements or where the Provider has followed incorrect care instructions provided by you;
• pre-existing wear and tear, damage, defects or faults in the property, its contents or your belongings;
• stains, burns, ingrained dirt and other marks which cannot be removed with industry standard cleaning methods and materials;
• damage to the property, its contents or your belongings caused by faulty or defective products, materials and equipment provided by you and used by the Provider in the performance of the Services;
• the Provider’s failure to complete all or part of the Services where such failure is caused by your failure to book the Provider for the recommended number of hours or where you require the Provider to carry out additional tasks over and above what was originally booked;

7.3. Where you report a problem, it may be necessary for Property and Home Management LTD to arrange a site inspection by one of its customer care representatives. In this event, you agree that the representative shall be entitled to

take photographs of any damage to the property or possessions for the purpose of producing his or her report and resolving the issue.

7.4. Where you report a problem, it may be necessary for Property and Home Management LTD to share information with our insurers in an event of a report and/or claim made to our insurers or the insurers of our partners.

7.5. As a Customer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials used to provide the Services are faulty or not as described. Advice about your legal rights is available from your local Citizen’s Advice Bureau (www.adviceguide.org.uk) or Trading Standards office (www.gov.uk/find-local-trading- standards-office). Nothing in these Terms will affect these legal rights.

8. PRICE AND PAYMENT

8.1 The price for the Services will be estimated in the Landlord Second Email Confirmation and later confirmed to you in writing by the Provider before the start of the works and the final price will be sent to you via the invoice from the Provider given the nature of the Service to be provided. 

8.2 A separate call-out charge may be applicable in some cases as specified by the Provider. If a call-out charge applies, this will be made clear in the final invoice provided to you.

8.3 If the Provider attends your property to carry out the Services at the agreed time and date, but is unable to gain access or you cancel the Services after the Provider’s arrival, then in accordance with clause 11, the Provider shall be entitled to retain any callout charge to cover the Provider’s travel and other expenses incurred as a result of having attended the property.

8.4 Property and Home Management LTD has no control over Providers’ rates, which may fluctuate from time to time to reflect changes in underlying costs and other factors such as inflation.

8.5 All payments for the job will be made in line with the Provider’s payments schedule which is available upon your request to the provider directly.

8.6 There can be times when the Provider may need to charge you a higher amount than agreed. This can occur for a number of reasons, in particular where:

• what you require the Provider to do changes, or the amount of work or Services you require the Provider to provide increases or is different to what was agreed before the Provider started performing the Services; or
• when the Provider starts performing the Services it becomes apparent that the amount of Services the Provider will need to perform or the type of work that is involved is different to what was agreed before the Provider started performing the Services and which the Provider could not reasonably have foreseen before the Provider started performing the Services.

• Where the Provider needs to charge you a higher amount than agreed then the Provider will seek your approval to the extra amount that you will need to pay before continuing to provide the Services.

8.8 The rates and/or prices may change at any time, but such changes shall only affect the price of the Services.

8.9 The rates and/or the prices of the Services may be adjusted at any time to reflect increases or decreases in the Provider’s costs, including the cost of raw materials, and increases in the Consumer Price Index during the previous year.

8.10 The rates and prices include VAT, where applicable.

8.11 You may be asked to make an advance or immediate payment of the price of the Services and, if applicable, the Provider equipment and/or any materials. If an advance payment is required, you must make such payment in accordance with the Provider’s payments schedule. Your rights to a reimbursement of any advance payment on cancellation are set out in clause 11.

8.11 The Provider will invoice you for the balance of the Services and, if applicable, the Provider equipment and/or materials (or the balances thereof, as the case may be) on or at any time after completion of the Services. You must pay each invoice in cleared funds by the due date specified by the Provider. If the invoice is silent as regards the due date for payment, payment shall be due within 21 days following the date of the invoice. If you have chosen to pay by credit and/or debit card, the payment may be processed immediately upon you booking the service.

8.12 If you do not pay for the Services when you are supposed to, the Provider may void your booking for the Services or suspend the Services with immediate effect until you have paid the outstanding amount. This does not affect the Provider’s right to charge you interest under clause 8.13

8.13 If you do not make any payment due by the due date for payment, the Provider may charge interest to you on the overdue amount from the due date for payment at either

(i) the rate of 3% a year above the base lending rate of Barclays Bank Plc from time to time if you are a Consumer, or

(ii) at the rate specified in the Late Payment of Commercial Debts (Interest) Act 1998 if you are not a Consumer.

This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay interest together with any overdue amount on demand.

8.14 If you do not make any payment by the due date for payment, you agree that the Provider may process the payment of the outstanding amount at any time on or after the due date using the bank card details you provided at the time of making the booking. Such payment may include any interest due under clause 8.13 calculated up to and including the date of the payment.

8.15 However, if you dispute an invoice in good faith and contact Property and Home Management LTD to let it know promptly after you have received an invoice that you dispute it, clauses 8.13 and 8.14 will not apply for the period of the dispute.

8.16 This clause 8 shall survive termination or expiry of the contract.

9. THE PROVIDER’S LIABILITY TO CUSTOMERS

9.1 If the Provider fails to comply with these Terms, the Provider is responsible for loss or damage you suffer that is a foreseeable result of its failure to comply with these Terms or its negligence, but the Provider is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of the Provider’s breach or if it was contemplated at the time the contract was entered into.

9.2 If the Provider is providing Services in the property, the Provider will make good any damage to the property caused by it in the course of installation or performance. However, the Provider is not responsible for the cost of repairing any pre-existing faults or damage to the property that it discovers in the course of installation and/or performance by it.

9.3 The Provider only supplies the Services for domestic and private use.

9.4 The Provider does not exclude or limit in any way its liability for:

• death or personal injury caused by its negligence or the negligence of its employees, agents, representatives or sub-contractors;
• fraud or fraudulent misrepresentation;
• breach of the terms implied by sections 49, 50, 51 and 52 of the Consumer Rights Act 2015;
• breach of the terms implied by sections 2, 3, 4 and 5 of the Supply of Goods and Services Act 1982;
• defective products under the Consumer Protection Act 1987; and
• any other liability that cannot be excluded or limited by English law.

9.5 The Provider may supply goods to you in connection with the Services. The Provider is under a legal duty to supply goods that are in conformity with the contract. Advice about your legal rights is available from your local Citizen’s Advice Bureau (www.adviceguide.org.uk) or Trading Standards office (www.gov.uk/find-local-trading-standards-office). Nothing in these Terms will affect these legal rights.

9.6 This clause 9 shall survive termination or expiry of the contract.

10. EVENTS OUTSIDE THE PROVIDER’S CONTROL

10.1 The Provider will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by an Event Outside the Provider’s Control.

10.2 An Event Outside the Provider’s Control means any act, event or situation beyond its reasonable control. The following are examples of acts, events or situations which are not within the Provider’s reasonable control:

• where weather conditions make it impossible or unsafe for the Provider to perform any of the Services;
• where the condition or state of the property makes it unsafe for the Provider to perform any of the Services;
• where you have not fulfilled your obligations under clause 4, with the result that the Provider is unable to provide all or part of the Services at the agreed time or at all. In this event, you agree to pay the cancellation charge. Examples of where your failure to fulfil your obligations under clause 4 may result in the Provider being unable to provide the Services include without limitation:
  • where the Provider is unable to gain access to your property at the dates and/or times agreed; and
  • where you have failed to adequately prepare your property for the provision of the Services, for example, by failing to remove your belongings from the property (or from the areas of it) where the Services are to be carried out;
• where the Provider encounters unforeseen technical problems or you make a change in the Services you wish the Provider to perform (and this results in, for example, the Provider having to do further work or wait for new or different materials);
• where the Provider is instructed or informed that the Services it is performing are not in accordance with statutory or regulatory requirements or are in breach of planning consents or environmental or conservation requirements;
• if any materials are not delivered on the date or at the time agreed with the supplier of such materials (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier if ordered at short notice);
• where the Provider has to wait for other providers of services (who have been engaged by you) to complete their work before the Provider is able to perform the Services (or the relevant part of the Services is dependent on the other provider if ordered at short notice);
• for some other unforeseen or unavoidable event or situation which is beyond the Provider’s control, including but not limited to strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, any restrictions related to epidemics, pandemics or public health safety, or other natural disaster, or failure of public or private utilities or telecommunications networks.

10.3 Where one of these occurs the Provider will normally attempt to recommence performing the Services as soon as the situation which has stopped it performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before the Provider can start or continue performing the Services.

10.4 If an Event Outside the Provider’s Control takes place that affects the performance of the Provider’s obligations under these Terms:

• the Provider will contact you as soon as reasonably possible to notify you; and
• the Provider’s obligations under these Terms will be suspended and the time for performance of the Provider’s obligations will be extended for the duration of the Event Outside the Provider’s Control. Where the Event Outside the Provider’s Control affects the performance of Services to you, the Provider will restart the Services as soon as reasonably possible after the Event Outside the Provider’s Control is over.

10.5 You may cancel the Services if an Event Outside the Provider’s Control takes place and affects the provision of the Service for more than 6 weeks of the initial date of the booking for the Service. Please see your cancellation rights under clause 11.

10.6 The Provider will only cancel the contract if the Event Outside the Provider’s Control affects the provision of the Service for more than 6 weeks of the initial date of the booking for the Service, in accordance with its cancellation rights in clause 12.

11. YOUR RIGHTS TO CANCEL AND APPLICABLE REIMBURSEMENT

11.1 As a Customer:

• You have the right to cancel your contract within 14 days without giving any reason if the Provider has yet to begin the Service.
• The cancellation period will expire after 14 days from the day of the conclusion of the contract (i.e. the date on which you receive the Landlord Second Confirmation Email and the Landlord has confirmed the Provider who will carry out the job).
  • To exercise the right to cancel, you must inform Property and Home Management LTD of your decision to cancel the contract by a clear statement (such as an email). You may use the Cancellation Form (click the link), but it is not obligatory if you wish to send an email instead. Please use the following contact details for all cancellations:

Email: enquiry@propertyandhomes.co.uk

• To meet the cancellation deadline, it is sufficient for you to send Property and Home Management LTD your cancellation before the cancellation period has expired.
• If you cancel your contract before the Services begin, subject to the terms and conditions applicable to you, the Provider will reimburse to you all payments received from you in, subject to the Provider’s absolute discretion, cleared funds or credit which may be used to book another service.
• The Provider will make the reimbursement without undue delay, and not later than 20 business days after the day on which the Provider or Property and Home Management LTD is informed about your decision to cancel your contract.
• In an event the reimbursement is made in cleared funds, the Provider will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
• If you made a request for the performance of the Services to begin during the cancellation period, you acknowledge that you shall pay the Provider, as applicable, an amount which is in proportion to what has been performed up to the time you communicated your decision to cancel. For the avoidance of doubt, this may include a proportion of any site visit fee payable under clause 5 or any callout charge payable under clause 8.2.
• If you made a request for the performance of the Services to begin during the cancellation period, you acknowledge that you will lose the right to cancel your contract once the Services have been completed and in these circumstances, you will be required to pay for the Services in full.

11.2 If clause 11.1 does not apply to you, because the 14-day cancellation period has expired, the remaining provisions of this clause 11.2 will apply to you if you cancel your contract with the Provider:

• Before the Provider begins to provide the Services, you have the following rights to cancel the Services (including where you choose to cancel because the Provider is affected by an Event Outside the Provider’s Control or if the Terms are changed under clause 6.1 to your material disadvantage):
• You may cancel the Services without charge up to 48hours before the start date for the Services by contacting the Provider or Property and Home Management LTD. The Provider or Property and Home Management LTD will confirm your cancellation in writing to you. If you do not give at least 48 hours’ notice of cancellation, you agree to pay the cancellation charge.
• If you cancel the Services and you have made any payment in advance for Services that have not been provided to you, these amounts will be reimbursed to you in, subject to the Provider’s absolute discretion, clear funds or credit (less the cancellation charge, if applicable).
• However, if you cancel the Services and the Provider has already started work in relation to the Services by that time, you will pay the Provider any costs the Provider has reasonably incurred in starting to fulfil the Services (in addition to the cancellation charge, if applicable), and this charge will be deducted from any reimbursement that is due to you or, if no reimbursement is due to you, invoiced to you. The Provider or Property and Home Management LTD will tell you what these costs are when you contact it. However, where you have cancelled the Services because of the Provider’s failure to comply with these Terms (except where the Provider has been affected by an Event Outside the Provider’s Control), you do not have to make any payment to the Provider.

11.3 In the case of all Services, once the Provider has begun to provide the Services to you, you may cancel the Services with immediate effect without charge by giving the Provider and Property and Home Management LTD written notice if:

• the Provider breaches any of the terms in these Terms in any material way and does not correct or fix the situation within seven days of you notifying Property and Home Management LTD of the problem;
• the Terms are changed under clause 6 to your material disadvantage;
• the Provider is affected by an Event Outside the Provider’s Control for more than 6 weeks (save that where this is caused by your failure to comply with your obligations under clause 4, you will be required to pay for such Services as have been provided up to the time of cancellation).
• If you cancel the Services and the Provider with your consent has already purchased or contractually committed to purchase any materials, you will pay the Provider the cost of such materials. On the Provider’s receipt of payment, any such Materials which the Provider has not already used in the performance of the Services will be delivered to you and ownership of those materials will pass to you at that point. The cost of the materials will be deducted from any reimbursement that is due to you or, if no reimbursement is due to you, invoiced to you. The Provider or Property and Home Management LTD will tell you what these costs are when you contact it. However, if you cancel the Services because the Provider has failed to comply with these Terms, you do not have to make any payment to the Provider for the Materials, unless the reason for the Provider’s failure is an Event Outside the Provider’s Control.

12. THE PROVIDER’S RIGHTS TO CANCEL AND APPLICABLE REIMBURSEMENT

12.1 The provisions of this clause are subject to any more favorable cancellation rights you may have under clause 11.

12.2 If the Provider has to cancel the Services before the Services start:

• Due to an Event Outside the Provider’s Control or the unavailability of key personnel or key materials without which the Provider cannot provide the Services, the Provider or Property and Home Management LTD will promptly contact you if this happens.
• If the Provider has to cancel the Services and you have made any payment in advance for Services that have not been provided to you, these amounts will be reimbursed to you in, subject to the Provider’s absolute discretion, cleared funds or credit which may be used to book another service. However, if the Event Outside the Provider’s Control is your failure to comply with your obligations under clause 4, then the Cancellation Charge will be deducted from your reimbursement (subject to any cancellation rights you may have as a Consumer).
• Where the Provider has already started preparatory work in relation to the Services by the time the Provider has to cancel the Services under this clause, the Provider will only charge you for the work completed up until that point. Any advance payments made above that amount will be reimbursed to you in, subject to the Provider’s absolute discretion, cleared funds or credit which may be used to book another service.

12.3 The Provider or Property and Homes Management LTD may cancel the Services at any time with immediate effect on written notice to you if:

• you do not pay any sums due when you are supposed to. This does not affect the Provider’s right to charge interest; or
• you breach any of the terms in these Terms in any other material way and you do not correct or fix the situation within seven days of being asked to do so in writing.

12.4 If the Provider cancels the Services and it has already purchased or contractually committed to purchase any materials, you will pay the Provider the cost of any materials which it has already used in the performance of the Services. The cost of the materials will be deducted from any reimbursement that is due to you or, if no reimbursement is due to you, invoiced to you. The Provider or Property and Home Management LTD will tell you what these costs are when you contact it.

13. HOW TO CONTACT Property and Home Management LTD

If you have any questions or if you have any complaints, please contact Property and Home Management LTD by sending us an email at enquiry@propertyandhomes.co.uk

If you wish to contact Property and Home Management LTD in writing, or if any clause in these Terms requires you to give notice in writing (for example, to cancel the Services), you can send this to by email to enquiry@propertyandhomes.co.uk

14. HOW YOUR PERSONAL INFORMATION MAY BE USED

14.1 The Provider will only use the personal information you provide to Property and Home Management LTD and/or the Provider to provide the Services to you and, where applicable, to process your payment for the Services.

14.2 Property and Home Management LTD will only use the personal information you provide to Property and Home Management LTD and/or the Provider in accordance with its Privacy Policy. Please take the time to read the Privacy Policy as it includes important terms which apply to you.

14.3. You agree to have the property, any persons and/or objects therewith, and/or your pet and/or yourself photographed, video and/or audio recorded by the Provider and its agents and permit the use of the materials in connection with the provision of the services, for the purposes of training, development, quality control and/or as evidence regarding any complaints, claims and/or any legal actions.

14.4. It is understood that all of the photographs, video and audio recordings, and all films, audiotapes, videotapes, reproductions, media, plates, negatives, photocopies, and electronic and digital copies of the photographs, video and audio recordings are the sole property of Property and Home Management LTD. You agree not to contest the rights or authority granted to Property and Home Management LTD hereunder. You hereby forever release and discharge Property and Home Management LTD, the Provider, their employees, licensees, agents, successors, and assigns from any claims, actions, damages, liabilities, costs, or demands whatsoever arising by reason of defamation, invasion of privacy, right of publicity, copyright infringement, or any other personal or property rights from or related to any use of the photographs, video and audio recordings. You understand that Provider and/or Property and Home Management LTD is under no obligation to use the photographs and recordings.

14.5. You hereby release, discharge and agree to hold harmless the Property and Home Management LTD and the Provider, their heirs, legal representatives or assigns, and all persons functioning under their permission or authority, or those for whom they are functioning, from any liability that may occur or be produced in the taking of said picture and/or recordings or in any subsequent processing thereof, as well as any claims for libel or invasion of privacy.

15. OTHER IMPORTANT TERMS

15.1 Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the contract shall remain in full force and effect.

15.2 Termination or expiry of the contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, 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.

15.3 The Provider may transfer its rights and obligations under these Terms to another organisation, and Property and Home Management LTD will always notify you in writing if this happens, but this will not affect your rights or the Provider’s obligations under these Terms.

15.4 This contract is between you and the Provider. Other than Property and Home Management LTD, no other third party shall have any rights to enforce any of its terms.

15.5 Each of the clauses of these Terms operates separately. If any provision or part-provision of these Terms 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 these Terms.

15.6 If the Provider fails to insist that you perform any of your obligations under these Terms, or if the Provider does not enforce its rights against you, or if it delays in doing so, that will not mean that it has waived its rights against you and will not mean that you do not have to comply with those obligations. If the Provider does waive a default by you, it will only do so by written notice sent to you and that will not mean that it will automatically waive any later default by you.

15.7 These Terms are governed by English law. You and the Provider both agree to submit to the non-exclusive jurisdiction of the English courts.

15.8 When the words “writing” or “written” are used in these Terms, such references will include email unless stated otherwise.

15.9 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

15.10 Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.