Service Terms & Conditions
By instructing Proterior (which includes email and SMS) you accept that you have read and understood the following Terms & Conditions and consent to be bound by their content. For the purpose of these terms ‘us’ ‘we’ ‘our’ shall mean Proterior® as the case may be a franchisee of Proterior® carrying on business pursuant to a Franchise Licence Agreement entered into with Proterior®, ‘you’ ‘your’ ‘Client’ shall mean the person instructing us to provide our services. ‘Handyman’ or ‘Engineer’ shall mean the individual/s carrying out the service on site.
Proterior hereby consents to supply goods and to provide services to the Client and the Client consents to pay the price in accordance with these terms and conditions.
Proterior may employ subcontractors to carry out any part of their obligations under this agreement at their sole discretion and may assign its rights and obligations under this agreement to any other party.
The Client may not assign their rights and obligations under this agreement without written consent of Proterior.
The Client warrants that he/she is either the owner of the premises at which the services will take place and is entitled to commission the services without the consent of any third party, or otherwise has the necessary authorisation in place for the services to be carried out.
By commissioning Proterior the Client confirms they have obtained any necessary permissions and/or licences required for the services to be carried out.
The Client is expected to provide electrical power, running water and toilet facilities where reasonably possible.
Should Proterior need to postpone a booked appointment due to reasons beyond our control. In these instances we will re-schedule the appointment as soon as conveniently possible for both parties.
Proterior shall not be held liable for any costs claimed by the Client in respect of the non-attendance or late attendance on site of Proterior, or for the late or non-delivery of materials, or materials/goods which are faulty or incorrectly supplied.
In the event of a bill-paying Client being absent when there is further chargeable work required, we will endeavour to contact the Client and obtain written permission (via email or SMS Message) prior to conducting any further work.
If a Client is non-contactable our Handyman will only continue with works if we have prior authorisation from the Client, or if it is not safe/feasible to halt urgent works at that point.
Should Proterior be unable to fit Client supplied or Client recommended parts, or the Client refuses to have Proterior supplied parts (previously accepted as required) fitted, the return of parts carries a re-stocking charge of up to 30%, providing the parts can be returned without penalty to Proterior, otherwise up to 100% of the charges may be retained.
If the closest available supplier would likely take more than a 60 minute round trip to collect parts, but the Client still wishes us to collect parts straight away, then additional travel time may apply.
The client has has the right to cancel any work without penalty up to 24 hours before the work is scheduled to take place. Any cancelations made within 24 hours of the start date will be subject to a 25% of the work fee with a minimum of £30. (for example, work costing £100 would require a £30 cancelation fee and work costing £200 would require a £50 cancelation fee).
Any estimate which may be given either verbally or in writing by Proterior is subject to withdrawal at any time before receipt of an unqualified acceptance from the Customer and shall be deemed to be withdrawn unless so accepted within twenty eight (28) days from its date
Unless otherwise specified by Proterior where the Customer is provided with a fixed price Quotation that fixed price shall be valid and open for acceptance within twenty eight (28) days unless a longer time is specified on the face of the Quotation and, if not so accepted within the designated period shall be deemed withdrawn.
Where the Customer is represented by a third party (such as a managing agent, contractor or other representative), in the event of non-payment by the Customer, the third party will be responsible for payment unless Proterior has agreed otherwise in writing.
Payment for goods & services provided by Proterior are due immediately upon completion of each visit.
Proterior shall be entitled to add interest on a daily basis and reserve the right to charge such interest on any amount not paid on the due date for payment from such due date until payment in full at 4% above the bank of England base rate at the relevant time.
The Customer shall inspect the Works as far as it is reasonably possible to do so immediately upon their completion (though failure to countersign the relevant Works Detail Sheet shall not imply rejection of the Works) and if it considers that the Works or any part thereof are not in accordance with the Contract, it shall within 7 days from the date of inspection give detailed notice in writing thereof. In the absence of any such notice, the Works shall be conclusively presumed to be complete and free from any defect, which would be apparent on reasonable examination.
Unless agreed in writing between the parties, the Customer will be responsible for the removal from site of all waste materials resulting from the Works
Proterior reserves the right to increase the price of work if; the costs to Proterior of supplying the goods and services increase due to any factor beyond the control of Proterior, the Client changes the specification, the Client consents to any change in specification proposed by Proterior, goods or services are required by the Client with exceptional urgency, the Client causes a delay or the Client fails to provide Proterior with adequate accurate information or facilities.
If a Client fails to make any payment when it falls due, Proterior reserves the right to;
- Charge the Client statutory interest rates on the amount unpaid.
- Charge the Client for all reasonable costs and expenses (including legal costs and costs of any third party debt recovery service) incurred by Proterior in the collection of any overdue amounts.
- There is a minimum standard administration charge of £50 whenever a Client fails to pay all monies due immediately upon completion of a visit.
- Refuse to deliver or install any balance of goods or services, or guarantee any hitherto provided goods or services until payment is made in full.
- Recover materials purchased for, or on behalf of the Client. The Client accepts these materials remain the property of Proterior until payment of any outstanding amounts has been received. In the event of dispute, the Client consents to allow access to the property to a company representative to retrieve all materials that remain the property of Proterior.
Proterior is happy to provide invoices for businesses and individuals, however, payment is due within the time-scales stated in these terms and conditions.
Proterior does not accept liability for any injury to persons, domestic animals, livestock or birds, or any loss or damage to property or goods, unless due to our negligence. The Client must notify Proterior of this damage, injury or loss in writing within 24 hours of the incident.
Proterior shall not be held liable for any indirect or consequential loss, damage, cost or expense of any kind however caused, including without limitation any loss of income or profits.
Proterior does not provide qualified telephone advice and does not accept liability for advice which the Client may claim to have received by telephone.
Where a specific risk has been identified by Proterior and the Client advised, Proterior shall not be liable for such risk or event and the Client consents to bear such risk.
Proterior will not be liable for any delay to the provision of goods and services due to force majeure or any other event beyond its reasonable control.
Proterior may terminate an agreement with a Client if the Client; becomes bankrupt, commits a material breach of their agreement, refuses to take delivery of goods, refuses to allow Proterior to provide services at the time and date agreed, defaults in paying the price or any part of it.
In the event of a suspension Proterior can demand to receive payment in advance of any part of the price as a condition of recommencing the work.
Proterior may terminate an agreement at its discretion at any time via notice in writing to the Client. Upon termination of this agreement the Client consents to pay Proterior all outstanding charges including goods supplied and any cancellation charges payable to Proterior’s suppliers and sub-contractors.
Proterior is committed to ensuring Clients are satisfied with their service/s received and we aim to deal with any Client queries as efficiently and amicably as possible. If you have any queries regarding the service you have received please contact us to discuss this. If the appropriate Proterior representative is unavailable or unable to agree on a resolution Proterior will escalate the situation to an official written complaint, referring it over to the company administrator who will formally begin proceedings to deal with your grievance in writing.