Terms & Conditions:
(Privacy Notice is displayed at the end of these T&C’s)
1. Parties, Definitions and Interpretation
1.1 In these terms and conditions (which are referred to in this document as “these terms”), “Customer” means the customer for whom the Works are to be carried out by Protea Property Maintenance, “Protea Property Maintenance” means Protea Property Maintenance Ltd (or as the case may be a third party subcontractor carrying on business pursuant to an agreement entered into with Protea Property Maintenance), “The Parties” means both the Customer and Protea Property Maintenance, “Contract” means the agreement between the Customer and Protea Property Maintenance to carry out the Works of which these terms form a part and (where these terms are a schedule to a signed agreement between the Customer and Protea Property Maintenance (“the Agreement”)) the Agreement, “Works” or “The Works” means the works described in Protea Property Maintenance’s estimate or Quotation and/or as referred to in Protea Property Maintenance’s Work Detail Sheet or any other document or email issued by Protea Property Maintenance, as may be varied by agreement in writing between the parties.
For the purposes of these terms, “in writing” includes by email and any document which is set out in a hand-held device and any signature on a hand-held screen shall be treated as in writing. In these terms words importing the masculine gender also include the neuter and the feminine gender and words importing the singular number include also the plural number, where the context so requires.
2.1 The Customer will be treated as an Account Customer or Non-Account Customer, per Protea Property Maintenance’s reasonable discretion.
2.2 All estimates and Quotations given by Protea Property Maintenance, all orders and instructions given by the Customer, and all work authorisations, are governed by these terms. They supersede any other terms appearing elsewhere and override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the order or instructions or in any negotiations or in any course of dealing established between Protea Property Maintenance and the Customer, except where these terms are a schedule to a signed Agreement between the Customer and Protea Property Maintenance, in which event these terms apply only to the extent not inconsistent with that Agreement.
2.3 The Customer acknowledges that Protea Property Maintenance has not made any representations (other than any expressly stated in the Contract and/or in Protea Property Maintenance’s estimate or Quotation), which have induced it to enter into the Contract, and the Contract shall constitute the entire understanding between the Customer and Protea Property Maintenance for the performance of the Works (and detailed in paragraph 4 below).
2.4 No modification to the Contract shall be effective unless made by an express written agreement or email exchange between the parties. The signing on behalf of Protea Property Maintenance of any documentation of the Customer shall not imply any modification of the contract.
2.5 Nothing in this Contract is intended to confer on any person any right to enforce any term which that person would not have but for The Contracts (Rights of Third Parties) Act 1999. Accordingly, a person who is not a party to this Contract shall have no rights under that Act to enforce any of its terms, but this does not affect any right or remedy of such person, which exists or is available apart from that Act.
3. Estimates and variations to the price
3.1 Any estimate which may be given either verbally or in writing by Protea Property Maintenance is subject to withdrawal by Protea Property Maintenance at any time before receipt of an unqualified acceptance from the Customer and shall be deemed to be withdrawn unless so accepted within Fourteen (14) days from its date.
3.2 Unless otherwise specified by Protea Property Maintenance in the relevant estimate, an estimate is not a firm or fixed price quotation. It is an estimate of the likely minimum cost of the works, based on the information made available to Protea Property Maintenance. Protea Property Maintenance’s final price will be calculated on the basis specified in the estimate, if any, or if none, in accordance with Protea Property Maintenance’s Schedule of Rates applicable at the time the Works are carried out and may be increased above (but not reduced below) the specified price. Furthermore, Protea Property Maintenance reserves the right to increase the price before carrying out the Works by an amount equivalent to any increase to Protea Property Maintenance in the cost of relevant materials, labour, equipment hire or transport since the date upon which Protea Property Maintenance’s estimate, written, emailed or oral, was given, save that if this would increase the estimated price by more than 10%, the Customer may cancel the Contract provided it does so before the Works are begun, any relevant materials are ordered or any relevant equipment is hired.
3.3 Protea Property Maintenance reserves the right to charge a fee for the collection of materials from its suppliers except with respect to work for which there is an estimate. If the collection occurs whilst Protea Property Maintenance is on site, the time taken will be treated as an addition to and charged at the relevant rate. If the materials are ordered for subsequent collection and delivery, a minimum charge may be made by Protea Property Maintenance of £25 or 12.5% of the total, whichever is greater. Materials will be supplied at cost net after Protea Property Maintenance discounts and including the above fee to cover handling, stock maintenance etc.
3.4 Protea Property Maintenance Schedule of Rates is available online. The Schedule of Rates specifies half hourly rates and hourly rates for After Hours. Charges are made by the half hour, rounded up to the next half hour; there is therefore a minimum charge of a one hour.
3.5 Half Day Rates & Full Day Rates are inclusive of normal business hours only. Any works undertaken during After Hours do not count towards Half Day Rates or Full Day Rates offers. Rate discounts and offers for works undertaken during After Hours are provided at Protea Property Maintenance’s reasonable discretion.
3a.1 Unless otherwise specified by Protea Property Maintenance where the Customer is provided with a fixed price Quotation by Protea Property Maintenance that fixed price shall be valid and open for acceptance within Fourteen (14) 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.
3a.2 Before the commencement of work Protea Property Maintenance reserves the right to require the Customer to pay an initial payment of 30% (or such greater sum if so required) against the full Quotation Value on all quoted Works at a minimum or above £115.00 and 50% (or such greater sum if so required) against the full Quotation Value on all quoted Works at a minimum or above £200.00
4. The Works & Breaks
4.1 All descriptions, illustrations etc. contained in any catalogues, price lists or advertisements, or otherwise communicated to the Customer, are intended merely to present a general idea of the Works and nothing contained in any of them shall form a part of the Contract.
4.2 A Rest Break period will not count towards the total billable hours worked on site.
5. The Price
5.1 The price payable by the Customer is calculated as specified in paragraph 3 above and shall be stated on the Invoice/Job Sheet or where no price is stated our current standard price for the services provided. The charge shall consist of the cost of materials supplied by the Company and the amount of time spent in undertaking the Works (including reasonable time spent obtaining unstocked parts and materials as stated in 3.3 above) charged in accordance with the Company’s current Schedule of Rates.
6.1 Non-Account Customers: Payment by the Customer is due on completion of the Works or by the due date as stated on the invoice. Payment must be made on such completion. Payment can be made by cash, Visa, MasterCard, Maestro, or BACS.
6.2 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 Protea Property Maintenance has agreed otherwise in writing.
6.3 Protea Property Maintenance shall be entitled to add a late payment fee of £40 to the original invoice in the event of non-payment. Protea Property Maintenance shall also be entitled to 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 8%(APR) above the bank of England base rate at the relevant time.
6.4 In the event of non-payment by the customer of more than 45 days past the invoice due date, Protea Property Maintenance shall be entitled to pursue legal action against the customer for non-payment. Section 6.3 above is not precluded from this and shall continue to be enforced until payment in full.
6.5 Protea Property Maintenance shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the Works until payment has been made in full.
7. Commencement and Completion Dates
7.1 Dates specified for the commencement and completion of the Works are estimates only. Protea Property Maintenance shall use all reasonable endeavours to ensure that it will attend on the date and time agreed. However, it accepts no liability in respect of non-attendance or late attendance on site or for the late delivery of materials. Time shall not be of the essence of the Contract except as provided for in paragraph 16 below.
8 Inspection of the Works
8.1 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, where applicable, 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.
The Customer shall indemnify Protea Property Maintenance against all actions, suits, claims, demands, losses, charges, costs and expenses which Protea Property Maintenance may suffer or incur about a claim by any third party resulting from a breach of the Customers obligations, undertakings, representations and warranties about this Contract.
10. Whole Agreement and Exclusion of Liability
10.1 These terms set out Protea Property Maintenance’s entire liability in respect of the Works and Protea Property Maintenance’s liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities, expressed or implied, in respect of the Works and the quality thereof.
11. Limitation of Liability and Liability of Protea Property Maintenance
Protea Property Maintenance’s liability shall be limited to:
11.1 the repair or making good of any defect pursuant to its undertaking in paragraph 13 below and subject always to paragraph 8 above.
11.2 liability for death or personal injury resulting from negligence while carrying out Protea Property Maintenance’s duties, and
11.3 the reasonable costs of repair or reinstatement of any loss or damage to the Customers property if such loss or damage results from Protea Property Maintenance’s negligence or that of its employees, agents, or sub- contractors and the Customer incurs such costs.
12.1 The Customer shall provide clear access to enable Protea Property Maintenance to undertake the Works and will make all necessary arrangements with the proper persons or authorities for any traffic controls and signals or other permits or permissions required about the carrying out of the Works. The Customer will always provide a safe working environment for Protea Property Maintenance and its employees, agents, and sub-contractors for the purposes of carrying out the works. Where applicable to drainage works, the Customer will provide, if possible a plan showing drain layouts. If this is not available, Protea Property Maintenance reserves the right to render additional charges at the relevant applicable rate in accordance with paragraph 3.2 above if blockages occur in drains not covered by the specifications or if it is necessary to trace unidentified drains to complete the Works. The Customer must obtain any permission for Protea Property Maintenance to proceed over property belonging to third parties. The Customer shall indemnify Protea Property Maintenance against all claims of whatsoever nature made by third parties arising out of the presence of Protea Property Maintenance its employees, agents, or sub-contractors on the Customer’s property save where such claim results directly from negligence on Protea Property Maintenance’s part. The Customers shall be liable to Protea Property Maintenance for all loss of damage whether direct, indirect or consequential which is suffered by Protea Property Maintenance as a result of failure or delay by the Customer in performing the obligations referred to above.
13.1 Subject to paragraph 8 above and the exclusions listed below, Protea Property Maintenance undertakes to repair or make good any defect in completed work which appears within three months of completion of the same to the extent that such defect arises from a breach of Protea Property Maintenance’s obligations under the Contract and provided that details of the defect are notified by the Customer to Protea Property Maintenance in writing with such period that Protea Property Maintenance and its insurers are given the opportunity of inspecting the work and the alleged defect. This undertaking shall only apply to work carried out and completed and invoiced by Protea Property Maintenance and which is paid for by the Customer by the due date for payment ascertained in accordance with paragraph 6 above. If Protea Property Maintenance returns to the site at the Customers request to review a claim under this undertaking and it transpires that the defect had not arisen because of a breach on the part of Protea Property Maintenance, Protea Property Maintenance reserves the right not to carry out any work under this paragraph 13 where the Customer cannot evidence that the work originally carried out and completed by Protea Property Maintenance or where payment has not been made in full for such work. Exclusions are:
- Parts and materials will be provided only with the benefit of the manufacturer’s / supplier’s guarantee and are not guaranteed by Protea Property Maintenance
- Systems or structures not installed by Protea Property Maintenance
- Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to Protea Property Maintenance prior to the work having been undertaken.
- Defects resulting from misuse, wilful act, or faulty workmanship by the Customer or anyone working for or under the direction of the Customer (other than Protea Property Maintenance)
- Structural defects encompassing but not limited to subsidence and its resultant effect
- Damage to drainage systems caused by root penetration or any other outside force
- Any roofing work where Protea Property Maintenance advises that the overall condition of the roof is poor and is in need of more extensive work and the work undertaken involves less than 20% of the area of the roof
- Any work to repair an existing lock, or to fit any lock not supplied by Protea Property Maintenance
13.2 In circumstances where Protea Property Maintenance is unable to offer a guarantee Protea Property Maintenance will notify the Customer before any work is carried out
14. Force Majeure
14.1 Protea Property Maintenance will use all reasonable endeavours to carry out the Works on the agreed dates but shall not be under any liability to the Customer if it should be either impossible or impracticable to carry out the Works on the agreed dates or at all, due to strike, lock out, industrial dispute, act of god or any other event or occurrence beyond Protea Property Maintenance control.
15. Customer’s Liability
15.1 The Customer shall be liable for:
- Any loss, damage or injury, whether direct or indirect or consequential, resulting from failure or delay in the performance of the Customer’s obligations under these terms
- Providing all necessary power and a clean water supply for Protea Property Maintenance’s use in the execution of the contracted works
- The safety of both plant and machinery belonging to or hired in by Protea Property Maintenance or its employees, agents, franchisees and sub-contractors and shall indemnify Protea Property Maintenance against its loss, theft or damage
15.2 The Customer must let Protea Property Maintenance know of any dangerous gases, liquids or other materials or of anything which the Customer believes may present a hazard or danger to any person who is due to carry out the Works before such work is started.
15.3 The Customer must provide Protea Property Maintenance with all necessary details in respect of any relevant requirements specified by the Factory Inspectors or similar regulatory authorities.
16.1 If the Customer cancels the contract without Protea Property Maintenance’s consent other than pursuant to paragraph 3.2 above, the Customer shall indemnify Protea Property Maintenance against all loss, damage, claims or other actions arising out of such cancellation unless otherwise agreed in writing, and for the avoidance of doubt any such cancellation is without prejudice to Protea Property Maintenance’s right to payment in accordance with paragraph 6 above
16.2 If the Customer wishes to cancel an appointment on the day or Protea Property Maintenance is unable to gain access to the Customers premises to carry out the Works the Customer will be liable to pay a minimum amount equivalent to the first half hour charge. This shall apply irrespective of the Works having been booked by the Customer or by someone acting on the Customers behalf e.g. tenant.
17. Removal of Waste Materials
17.1 Protea Property Maintenance will not be responsible for the removal of works waste unless previously agreed upon with Protea Property Maintenance. It is the responsibility of the customer to arrange for any works waste to be removed to the local council recycling center.
18. Frozen Pipes
18.1 Protea Property Maintenance will not be liable for any fracture found in frozen pipes attended by Protea Property Maintenance. Protea Property Maintenance will not guarantee to clear blockages occurring in a frozen pipe or drain.
19. Waiver, Variation etc.
19.1 No waiver by Protea Property Maintenance of any breach by the Customer shall operate as a waiver of any preceding or subsequent breach by the Customer. No variation shall be effective against Protea Property Maintenance unless sanctioned in writing by Protea Property Maintenance. No forbearance or delay on Protea Property Maintenance’s part shall prejudice Protea Property Maintenance’s rights and remedies under this contract.
20.1 If any provision set out in these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provisions held invalid shall not be affected.
These Terms and Conditions shall be governed and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Courts.
This document explains how and why we acquire and use your personal information in accordance with Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR).
Protea Property Maintenance Ltd is a company registered in England and Wales with company number 10485244.
We may collect information about you:
- This includes your name, postal address, telephone numbers and email address
- As part of a sale or service for the purpose of applicable laws
We use your information to:
- Communicate with you by telephone, email, SMS, or post using the contact details you have provided
- Manage your account
- Prevent fraud and money laundering
- Provide you with our service
We use your data for the above purposes, to fulfil our legitimate interest of managing our legal agreement with you and where otherwise required to comply with our legal and regulatory obligations and where permitted by the GDPR. If you do not provide us with your personal information, we will not be able to carry out a service for you.
We may share your information with:
- Third parties which provide services for us
- Law enforcement agencies or regulatory bodies or other third parties where we are required to do so by law or for the prevention or detection of crime
We store your information:
- Within the European Economic Area (EEA)
- If we transfer data outside the EEA we will ensure that before we do so, there is adequate protection in place to ensure the security of your data and you may contact us to obtain copies of these safeguards
- We keep your information secure by storing the information you provide to us either on secure servers, in our offices or in secure off-site storage
We keep your information:
- For as long as it is needed to manage your account and for a maximum of six years unless a longer period is required by law
You have the right to:
- Access the information we hold about you
- Ask us to make any changes to your information to make sure it is accurate and up to date
- Ask us to stop or limit our use of or to delete your information (we are not obliged to do this in relation to information we need as part of our contractual relationship and legal obligations)
- Receive your information in a format that suits you
- Transfer your information to a third party
If you would like to receive the full version of our Privacy Notice please ask a staff member for a copy of this. If you have any questions or want to exercise your rights or make a complaint, please contact us. If we cannot resolve your complaint, you may contact the Information Commissioner’s Office at Wycliffe House,
Water Lane, Wilmslow,
Cheshire, SK9 5AF.
We may contact you by post, email, SMS or telephone for the purposes of marketing our products and services; please email or make a staff member aware if you do not wish to receive such marketing.