These Terms of Service (“Terms”) constitute a legally binding agreement between The Valleys Handyman (“the Company”, “we”, “us”, “our”) and any individual or entity (“the Customer”, “you”, “your”) who requests, books, accepts or permits the provision of services by the Company.
By making a booking, requesting a quotation, authorising work, permitting access to a property or allowing work to commence, you expressly confirm that you have read, understood and agreed to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not book or permit any services to be carried out.
1. NATURE OF THE BUSINESS AND SERVICES
The Company operates as a provider and coordinator of general handyman, maintenance and minor trade-related services. The Company does not hold itself out as a structural engineer, architect, surveyor or provider of regulated or certified services unless expressly stated in writing.
The Company may, at its sole discretion, provide services directly and/or arrange for services to be carried out by independent third-party subcontractors. All subcontractors engaged by the Company operate as independent contractors in their own right. Nothing in these Terms shall be construed as creating an employment relationship, agency, partnership or joint venture between the Company and any subcontractor.
The Customer acknowledges and agrees that where services are provided by subcontractors, such services are performed independently and that responsibility for workmanship rests with the individual or entity performing the work, subject always to the limitations and exclusions set out in these Terms.
2. FORMATION OF CONTRACT AND ACCEPTANCE
A legally binding contract shall be formed between the Company and the Customer upon the earliest of the following events: confirmation of a booking by telephone, email, online form, message or other communication; acceptance of a quotation; or the commencement of work at the Customer’s property.
Acceptance of these Terms shall be deemed to have occurred irrespective of whether the Customer has physically signed any document. The Customer expressly agrees that electronic acceptance, verbal confirmation or conduct permitting work to commence constitutes acceptance of these Terms.
3. SCOPE OF WORK AND VARIATIONS
The Company shall only be responsible for carrying out the specific work expressly agreed in advance. Any description of services provided verbally, online or in marketing materials is indicative only and shall not form part of the contractual scope unless confirmed.
Any additional work requested by the Customer, whether during or after the commencement of the agreed work, shall constitute a variation and may be subject to additional charges. The Company reserves the right to refuse additional work or to require further payment prior to completion.
The Company makes no representation that it will identify or remedy hidden defects, latent faults or underlying structural, electrical or plumbing issues unless expressly agreed in writing.
4. PRICING, QUOTATIONS AND PAYMENT
All prices, quotations and estimates are provided based on the information supplied by the Customer and on reasonable assumptions regarding site conditions. The Company reserves the right to revise pricing where the actual circumstances differ materially from those described.
Unless otherwise agreed in writing, payment shall be due immediately upon completion of the services. Failure to make payment when due may result in the suspension of services, refusal of future work and recovery action, including the recovery of reasonable administrative and legal costs.
5. CUSTOMER OBLIGATIONS AND SITE CONDITIONS
The Customer warrants that the property at which services are to be carried out is safe, accessible and suitable for the works requested. The Customer is solely responsible for ensuring that all relevant permissions, consents or authorisations have been obtained, including but not limited to landlord, freeholder or managing agent approval.
The Customer must disclose, prior to commencement of work, any hazardous conditions, including but not limited to asbestos, unsafe wiring, unstable structures, water damage or any other condition which may pose a risk to persons or property. The Company accepts no liability whatsoever for loss, damage or injury arising from the Customer’s failure to disclose such conditions.
6. HEALTH, SAFETY AND RISK ALLOCATION
The Customer expressly acknowledges that building, maintenance and repair works are inherently hazardous and accepts that all services are carried out entirely at the Customer’s own risk.
To the fullest extent permitted by law, the Company shall not be liable for any injury, loss, damage or death arising from or connected with the provision of services, including but not limited to injuries sustained by the Customer, occupants of the property, visitors, subcontractors or any third party.
The Company shall not be responsible for accidents or injuries caused by unsafe property conditions, Customer interference, failure to follow instructions or pre-existing defects. The Customer agrees to indemnify the Company against all claims arising from such circumstances.
7. LIMITATION AND EXCLUSION OF LIABILITY
To the maximum extent permitted by law, the Company excludes all liability for indirect, incidental, special or consequential losses, including but not limited to loss of profit, loss of business, loss of enjoyment or reputational damage.
Where liability cannot be lawfully excluded, the Company’s total aggregate liability shall be strictly limited to the value of the services actually paid for by the Customer.
Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence where such exclusion is prohibited by law.
8. WORKMANSHIP, DEFECTS AND REMEDIAL ACTION
Any concerns relating to workmanship must be notified to the Company in writing within seven (7) days of completion. Failure to do so shall be deemed acceptance of the work.
The Company reserves the right, but not the obligation, to inspect the work and to determine, at its sole discretion, whether any remedial action is appropriate. The Company shall not be liable for defects arising from normal wear and tear, manufacturer defects, Customer-supplied materials or work performed on aged or compromised structures.
9. PROPERTY DAMAGE
While reasonable care will be taken, the Customer accepts that minor cosmetic damage may occur, particularly in older properties. The Company shall not be liable for pre-existing damage, latent defects or damage caused by underlying structural or material failure.
10. SUBCONTRACTORS AND THIRD-PARTY CLAIMS
Where services are carried out by independent subcontractors, the Customer acknowledges that such subcontractors are responsible for their own acts and omissions. Any claims relating to workmanship, negligence or breach of duty shall be directed to the subcontractor concerned and the Company shall not be liable as principal, employer or agent.
11. CANCELLATIONS, DELAYS AND FORCE MAJEURE
The Company reserves the right to charge cancellation or call-out fees where reasonable notice is not provided. The Company shall not be liable for delays or failure to perform caused by events beyond its reasonable control, including but not limited to adverse weather, illness, supplier delays or other force majeure events.
12. TERMINATION AND REFUSAL OF SERVICE
The Company reserves the right to refuse, suspend or terminate services at any time where unsafe conditions exist, where the Customer behaves abusively or where payment terms are breached. Termination shall not affect the Company’s right to recover sums due.
13. GOVERNING LAW AND JURISDICTION
These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.
14. ENTIRE AGREEMENT AND VARIATION
These Terms constitute the entire agreement between the parties and supersede all prior representations or agreements. The Company reserves the right to amend these Terms at any time by publication on its website. Continued use of services constitutes acceptance of any amended Terms.