Our terms and conditions of business which apply to our dealings with you
1.1 What these terms cover: These are the terms and conditions on which we supply our services (“Services”) to you. These terms set out the basis upon which we will supply our services to you.
1.2 Why you should read them: Please read these terms carefully before you register with us - which you are required to do prior to submitting your first order. These terms tell you who we are, how we will provide Services to you, what our obligations are to you, and what your obligations are to us, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.
2.1 Who we are: We are Service City Limited (collectively referred to as "the Company", "we", "us" or "our" in these terms), a company incorporated in England and Wales. Our company registration number is 12273952 and our registered office is at 71-75 Shelton Street, London, WC2H 9JQ. Our registered VAT number is 280 770 787.
2.2 How to contact us: You can contact us by telephoning our customer service team at 08081890450 or by writing to us at email@example.com. You can also contact us through our app (“the App”) or our website at (www.servicecity.co.uk) (“Site”).
2.3 How we may contact you: If we have to contact you we will do so either (i) by telephone, (ii) by writing to you at the email address (or otherwise the postal address) you provided to us for your account with us (“the Account”), or (iii) via the App or the Site.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3.1 These terms govern our contract with you and these terms apply to your dealings with us through your Account. You may place an order with us (“Order”) in relation to any of the Services which we offer on our online platform which you can access on the App or the Site (“Platform”).
3.2 How we will accept your Order. You will select the relevant Services, and we will provide details of the Services, the service provider who will supply those Services (“Service Provider”), any parts or materials that may be required, a convenient time and date for the Service Provider to attend your property to provide the Services, and our charges for the Services, parts and materials (“Charges”). Once you submit the Order, acceptance will take place when we confirm the Order: we will email you our acceptance and confirmation of all the relevant details of the Order.
3.3 If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the Services. This might be because the Services, or the Service Provider, are temporarily unavailable, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the Services, or because we are unable to meet a delivery deadline you have specified.
3.4 Your order number. We will assign an order number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us the order number whenever you contact us about your Order.
3.5 We only supply the Services within the UK. The Site is solely for the promotion and sale of the Services in the UK. Unfortunately, the Site does not accept orders from (or supply the Services to) addresses outside the UK.
3.6 You must be over 18 years of age to register an Account with usand to place Orders for the provision of the Services. There is no obligation on you to place an Order for the Services with us at any time after you have registered your Account with us.
3.7 We provide the Platform , through which you can place an Order for the Services and then liaise with the Service Provider (either through the Site or the App, whichever you prefer) to agree on the Services required, their precise specification and the Charges for the same, and to make all necessary arrangements for the delivery of the Services.
3.8 We may at our discretionrefuse to allow you to register via the Site or the App or to create an Account with us.
3.9 We may also cancel, suspend or modify your Account at any time where we have reasonable grounds to suspect that you are in breach of these terms or of our policies.
4.1 We provide a fully interactive and responsive Platform (via the App or the Site) which enables you to request us to provide a variety of domestic services. Using the Platform, you can request the provision of specific Services; once we receive your request we then identify and retain appropriately qualified Service Providers who are appropriately qualified to provide the Services and who are situated near to your location. We provide you with a quotation for the cost of the supply of the Services, and will also (where possible from your initial instructions as to the nature 3 of the works giving rise to the Services required) identify any possible parts and materials that are likely to be required by the Service Provider.
4.2 We will provide you with a quotation (being the Charges) and confirmation of the Services to be provided (and when and where they will be provided). Please note that these terms of the Order are subject to variation once the Service Provider has reviewed the position when attending your property and determined whether any other - or any alternate - works or Services are required).
4.3 On the basis that you agree to our terms of the Order , you then confirm the Order, and we will confirm the Order to you in writing.
4.4 We will then make all the relevant arrangements with the relevant Service Provider, through our own service provider network.
4.5 We will keep you updated and informed as to the agreed appointment timefor the provision of the Services, and will liaise with you on behalf of the Service Provider, through the App or the Site (depending on your selected Account preferences).
4.6 You can submit requests to vary or cancel the Order at any time, although there may be financial consequences should you do so (as per clauses 9 and 10).
4.7 After you have confirmed the Order , you must pay the agreed price electronically, via your Account and the bank account details provided by you in relation to your Account.
4.8 Once the Service Provider has provided the Services, it must provide a report on the Services, namely the works carried out pursuant to the Order, and provide confirmation that (i) any necessary or relevant repairs have been carried out, (ii) the works have been completed to the requisite standard, and (iii) no further works are required. In the event that the Service Provider determines that further works are required we will provide you with a quotation for any additional works that may be required and you will be offered the choice to order such further works and Services from us through the Platform (via the App or the Site).
4.9 Once the Services have been provided and the works have been completed, we will release payment to the Service Provider. We would always ask you to provide, where possible, feedback on the Service Provider, and on the quality of the works carried out and the Services provided to you pursuant to the Order.
4.10 Services may vary slightly from their description: the description of the Services on the Site are for illustrative purposes only. The precise Services which are the subject of your Order will however correspond to your requirements and instructions as specified by you prior to you submitting your Order. 4
5.1 You will at all times: (a) comply with these terms, our policies and all applicable laws and regulations. (b) submit, upload and/or publish only accurate information only on the Platform;
5.2 You may not, without our prior consent , use or publish any content on the Platform (whether provided by us or by a third party) on any third-party website or for other commercial purposes.
5.4 You may not allow anyone else to access , use or control your Account. You may not transfer your Account.
7.1 Minor changes to the Services. We may change the Services to reflect changes in relevant laws and regulatory requirements.
7.2 More significant changes to the Services and these terms. In addition, as we informed you in the description of the Services on the Site, we may make the following changes to these terms or the Services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Services paid for but not received:
(a) the cost of the Services; and
(b) the delivery date and time for the provision of the Services.
8.1 Charges: Accessing the Platform (via the Site or the App) is free of charge, as is viewing our content and creating your Account.
8.2 Our charges for the Services and any associated costs for parts or materials are as displayed to you on the Site, prior to you confirming your Order.
8.3 Charges do not include any fees that may be owed to third-party service providers in connection with the provision of the Services.
8.4 Payment of the Charges is due upon our acceptance of the Order, but we hold the monies paid by you until the Services have been completed and the Service provider has confirmed to us that it has completed all works required under the Order and that the Services have been provided, at which time we will release payment to the Service Provider.
8.5 We may restrict access to or use of your Account and/or withhold the provision of the Services until all outstanding Charges have been paid in full.
8.6 Settlements and refunds: In the event that you cancel the Order for Services for any reason more than 5 hours before the confirmed start time, we will refund you all monies paid under the Order. In the event that you cancel the Order within 5 hours of the confirmed start time, a cancellation fee will be applied equivalent to [some or] all of the agreed Charges as per your Order.
8.7 Notwithstanding the provisions of clause 8.6 , we may decide (entirely at our discretion and as a goodwill gesture) to refund the Charges back to you.
8.8 In the event that the Service Provider cancels the appointment for the provision of Services, we will refund you the monies you have paid under the Order, or (at your request) reschedule the delivery of the Services under the Order at a convenient time for you.
8.9 In the event that you are not at the property designated in your Order at the agreed time for the appointment for the provision of Services, a cancellation fee will be applied equivalent to all of the agreed Charges as per your Order.
8.10 In the event that Charges are refunded to you pursuant to this clause 8, payment will be made to you within 14 days.
8.11 In the event that the Order is cancelled by you during the provision of the Services by the Service Provider, the amount of the Charges to be refunded to you (where such Charges have already been paid by you) will be decided by us.
8.12 Instalment facility: We use an instalment provider (“Instalment Provider”) to operate the optional instalment account that we offer (and which is subject to approval). The Instalment Provider is Stripe Payments Australia Pty Ltd (“Stripe”). In the event that you are approved for an Instalment Account then Stripe’s terms [https://stripe.com/au/ssa] are incorporated into this Agreement (and will prevail over this Agreement to the extent that there is any inconsistency in relation to the Instalment Account and these terms).
8.13 Feedback : to improve the user experience we ask you to provide feedback on the provision of the Services and on the Service Provider, although there is no obligation on you to do so. All feedback and comments posted on the Site must comply with our Website Policy [see below Website Policy]. In the event that feedback is untrue, or we have reasonable cause to believe that it is untrue, we reserve the right to remove your comments and/or suspend or close your Account (and cancel any outstanding Order).
8.14 When we will provide the Services . During the Order process we will let you know when we will provide the Services to you. We will begin the Services on the date set out in the Order. The estimated completion date for the Services is as told to you during the Order process and as stated on the Order.
8.15 We are not responsible for delays outside our control . If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to terminate or cancel the Order and receive a refund for any Services you have paid for but not received.
8.16 If you are not at home when the Service Provider attends your property to provide the Services or you do not (for any reason) allow the Service Provider access to your property to provide the Servicesyou will not be entitled to any refund of the Charges paid to us under the Order.
8.17 What will happen if you do not give required information to us.We may need certain information from you so that we can supply the Services to you, for example, details about the reason you require the Services, details of the works required, and time and location details. If so, this will have been stated in the description of the Services on our Platform. We may contact you in writing to ask for any additional information we consider necessary and relevant in order to facilitate the provision of the Services to you by the Service Provider.
8.18 If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by your failure to give us the information we need within a reasonable time of us asking for it.
8.19 Reasons we may suspend the supply of Services to you . We may have to suspend the supply of some or all of the Services in order to: (a) deal with technical problems or make minor technical changes; (b) update the Services to reflect changes in relevant laws and regulatory requirements; (c) make changes to the Services as requested by you or notified by us to you (see clause 7).
8.20 Your rights if we suspend the supply of the Services . We will contact you in advance to tell you we will be suspending supply of the Services (pursuant to clause 8.20), unless the problem is urgent or an emergency. If we have to suspend the Services we will adjust the price so as to ensure that you are not paying for the Services whilst they are suspended. You may contact us to cancel or terminate an Order for the Services if we suspend the Order, or tell you we are going to suspend it, and we will refund any sums you have paid for the Services.
8.21 We may also suspend supply of the Services if you do not pay .If you do not pay us for the Services when you are supposed to (see clause 13.4) and you still do not make payment within [3/5] days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the Services. We will not suspend the Services where you dispute the unpaid invoice (see clause 13.6). We will not charge you for the Services during the period for which they are suspended. As well as suspending the Services we can also charge you interest on your overdue payments (see clause 13.5).
9.1 You can always end your contract with us . Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract: (a) If the Services provided are in any way faulty or defective as a result of the Service Provider’s actions or omissions you may have a legal right to terminate or cancel the Order, or to get the Services (and the parts and materials supplied in the course of the Services) repaired or replaced, or to get some or all of the Charges refunded to you), see clause 12; (b) If you want to end the Order because of something we have done or have told you we are going to do, see clause 9.2; (c) If you have just changed your mind about the Services , see clause 9.3. You may be able to get a refund of the Charges if you are within the statutory cooling-off period (where the Services have not been provided to you in part or whole), but this may be subject to deductions; (d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.6.
9.2 Cancelling the Order because of something we have done or are going to do.If you are ending an Order for a reason set out at clauses 9(a) to 9(e) below the Order will end immediately and we will refund you in full for any Services which have not been provided. Additionally, you may also be entitled to compensation. These reasons are: (a) we have told you about an upcoming change to the Services or to these terms, which change you do not agree to (see clause 7.2); (b) we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed; (c) there is a risk that supply of the Services may be significantly delayed because of events outside our control; (d) we have suspended supply of the Services for technical reasons, or have notified you that we are going to suspend them for technical reasons; or (e) you have a legal right to cancel or terminate the Order because of something we have done wrong.
9.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013) .For most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. 9
9.4 When you don't have the right to change your mind . You do not have a right to change your mind in respect of the Services, once these have been completed, even if the cancellation period is still running.
9.5 How long do I have to change my mind? Once you have ordered services from us, you have 14 days after the day we confirm (in writing) acceptance of your Order. However, once we have completed the Services you cannot change your mind, even if the 14-day period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
9.6 Ending the Order where we are not at fault and there is no right to change your mind .Even if we are not at fault and you do not have a right to change your mind, you can still cancel your Order before the Services have been completed, but you may have to pay us compensation. A contract for the Services (the Order) is completed when we have finished providing the Services and you have paid for them. If you want to cancel the Order before it is completed where we are not at fault, please contact us to let us know. The Order will end immediately and we will refund any sums paid by you for any of the Services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the Order early (including compensating the Service Provider for any costs they have already incurred as a result of your Order.
10.1 How we will refund you. We will refund you the price you paid for the Services including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
10.2 Deductions from refunds if you are exercising your right to change your mind.If you are exercising your right to change your mind: (a) In terms of the Services which are the subject of an Order: we may deduct from any refund an amount for the supply of the Services for the period for which they were supplied, ending with the time when you told us you had changed your mind. We will always refer the issue of any refund to the Service Provider for their confirmation as to the Services provided (and/or not yet provided) and the relevant, reasonable Charges for the same. (b) In terms of any parts and materials supplied by the Service Provider, we may not be able to refund any Charges where the parts and materials have been used in the course of the Services provided to date under the Order.
10.3 When your refund will be made . We will make any refunds due to you within 14 days of your telling us you have changed your mind.
11.1 We may terminate the Order if you breach the terms agreed between us and/or breach the terms of the Order.We may terminate the Order at any time by writing to you if: (a) you do not make any payment to us when it is due (namely, Charges due under any Order) and you still do not make payment within [3/5] days of us reminding you that payment is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services; (c) you do not, within a reasonable time, allow us access to your property to supply the Services; or (d) you act violently or aggressively towards the Service Provider or towards any of our employees, agents or representatives.
11.2 You must compensate us if you breach these terms: If we terminate the Order in the situations set out in clause 11.1 we will refund any money you have paid in advance for the Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11.3 We may withdraw the Services . We may write to you to let you know that we are going to stop providing the Services. We will let you know as far as is reasonably possible in advance of our stopping the supply of the Services and will refund any sums you have paid in advance for any of the Services that have not yet been provided.
12.1 How to tell us about problems . If you have any questions or complaints about the Services, please contact us in writing.
12.2 Summary of your legal rights . We are under a legal duty to supply Services that are in conformity with these terms and with our agreement with you (as per the order). See the box below for a summary of your key legal rights in relation to the Services. Nothing in these terms will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. In respect of the provision of services, the Consumer Rights Act 2015 states:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time. See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
13.1 Where to find the price for the Services . The price of the Services (which includes VAT) will be the price indicated on the Order, which you will see prior to as well as upon placing the Order, and you will find it on the Platform under your Account. We take all reasonable care to ensure that the price of the Services advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the Services you have ordered.
13.2 We will pass on changes in the rate of VAT . If the rate of VAT changes between your order date and the date we supply the services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
13.3 What happens if we got the price wrong . It is always possible that, despite our best efforts, some of the Services we provide may be incorrectly priced. We will normally check prices before accepting your Order so that, where the Services' correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Services' correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel the Order, refund you any sums you have already paid and require the return of any parts or materials that may already have been supplied to you.
13.4 When you must pay and how you must pay. We accept electronic bank payment through your Account via the Platform (including debit and credit card payments). You will be asked for payment when the Order is confirmed to you by us in writing.
13.5 We can charge interest if you pay late . If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 6% a year above the Bank of England base lending rate from time to time. 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 us interest together with any overdue amount.
14.1 We are responsible to you for foreseeable loss and damage caused by us .If we fail to comply with these terms and the terms of your Order, we will be responsible for any loss or damage that you suffer that is a foreseeable result of our breaching these terms and/or the terms of your Order, or through our failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Order was confirmed, both we and you knew it might happen.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so .This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services (as summarised at clause 12.2) including the right to receive Services which are: (i) as described and match information we provided to you and any sample or model seen or examined by you; (ii) of satisfactory quality; (iii) fit for any particular purpose made known to us; (iv) supplied with reasonable skill and care and, where installed by us, correctly installed; and (v) for defective services under the Consumer Protection Act 1987.
14.3 When we are liable for damage to your property. When we are providing the Services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Services.
14.4 We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We may enable location-based or map-based functions from time to time in order to assist the efficient delivery and performance of the Services .The Platform may display your location to our Service Providers and to other users browsing the Platform.
16.1 Variation We may change our terms or policies from time to time. We will give you written notice of any variations and we will also highlight any such changes to our terms when you next log in to your Account. We will ask you to agree to our amended terms or policies (where appropriate) when you next place an Order with us.
16.2 No agency: These terms and our agreement for the provision of the Services (including all orders agreed between us) do not create any agency, partnership, joint venture, employee-employer or other similar relationship. You have no right to bind us, or our associated entities or subsidiaries. We confirm that all third-party services that are or may be promoted on the Platform are only provided by such third-party service providers and, to the extent authorised by law, we shall not be liable for any loss or damage caused in any way due to the performance (of otherwise) of any such third-party services.
16.3 We may transfer this agreement to someone else . We may transfer our rights and obligations under these terms to another organisation without your consent. Where such a transfer, assignment or novation of our rights takes place, you will remain bound by these terms. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the agreement between us (and to cancel any outstanding Orders) within 7 days of us telling you about it and we will refund you any payments you have made in advance for services not provided.
16.4 Nobody else has any rights under this contract: These terms, this agreement and all Orders are between you and us only. No other person (including any relevant Service Providers) shall have any rights to enforce any of its terms, and neither of us will need to get the agreement of any other person in order to cancel an order, end our agreement, or make any changes to these terms of business.
16.5 Transfer of rights: You need our consent to transfer your rights under these terms to someone else: you may only transfer your rights or your obligations under these terms to another person if we agree to this in writing in advance of any such proposed transfer. We are not obliged to agree to any such transfer, which shall remain entirely at our discretion.
16.6 Severability: The provisions of these terms are severable, and if any provision within these terms are held to be invalid or unenforceable, such provision may be deleted or amended to the extent that such provision shall no longer be invalid or unenforceable, and the remaining provisions shall and will remain enforceable.
16.7 Entire agreement: These terms and this agreement (which for the avoidance of doubt shall include any Order placed by you for the provision of the Services) constitute the entire agreement between the parties and supersede and extinguish all previous agreements, 14 promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
16.8 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 misrepresentation based on any statement in this agreement or in any Order. Nothing in this clause shall limit or exclude any liability for fraud.
16.9 If a court finds part of this contract illegal, the rest will continue in force.Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.10 Notices: any notice or communication regarding these terms, this agreement, and any Order you place with us, must be sent to our contact address or email address as displayed on the Platform. We shall notify you regarding our agreement, any Order you place with us, and these Terms through the email address you provide (from time to time) on your Account.
16.11 Any such notice or communication sent pursuant to clause 16.10 shall be deemed to have been received:(a) if by email: 2 hours after transmission of the email, unless you are notified that the email address is invalid or the email is undeliverable, and (b) if by prepaid first class post or by registered post/special delivery, at 11.00am on the second business day after posting.
16.12 Communications between you and the Service provider: must be made through the Platform. We will not be liable for any damage or losses suffered by you as a result of matters that have been dealt with or agreed by you and the Service Provider externally (that is, other than through the Platform).
16.13 Notices relating to any third party services must be delivered to the relevant third party as appropriate (and pursuant to that third party’s terms).
16.14 Even if we delay in enforcing this contract, we can still enforce it later.If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things subsequently and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date (and for the avoidance of doubt such inaction shall not constitute a waiver).
16.15 Which laws apply to this contract and where you may bring legal proceedings .These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. [If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.]