1.1. These Terms set out terms of a contract between us under which we will provide the Services to the Property Owner and you will pay the Price to us.
2.1. The following defined terms are used in the Contact:
3.1. Company details. Mainsplan UK Limited (company number 09907724) (we and us) is a company registered in England and Wales and our registered office and main trading address is at Brooklyn Farm, High Snowden, Otley, West Yorkshire, England, LS21 2NJ. Our VAT number is [VAT NUMBER].
3.2. Contacting us. To contact us, telephone us on [NUMBER] or email us at [E-MAIL ADDRESS]. How to give us formal notice of any matter under the Contract is set out in clause 22.2.
4.1. Our contract. These Terms apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
4.2. Entire agreement. The Contract is the entire agreement between you and us in relation to the Services. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
5.1. Placing your order. Please follow the onscreen prompts on the Order Form to place your order. You may only submit an order using the method set out on the site. Each order is an offer by you to buy the Services subject to these Terms for the Property named in the Order Form.
5.2. Acknowledging receipt of your order. After you send us your Order Form, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
5.3. Contract Formation. Our acceptance of your Order Form takes place when we send an email to you to accept it (Order Confirmation), at which point and on which date (Commencement Date) the Contract will come into existence. The Contract will relate only to the Property specified in the Order Form.
5.4. If we cannot accept your order. If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will refund the payment within 14 days.
6.1. You may cancel the Contract and receive a refund, if you notify us as set out in clause 6.2 within 14 days of your receipt of the Order Confirmation...
6.2. To cancel the Contract, you must complete the cancellation form on the Website...
6.3. If you cancel the Contract in accordance with these Terms and return the Property Pack (if applicable), we will refund you in full...
7.1. You may assign or transfer your rights under the Contract to the Property Owner or to a new owner of the Property but not otherwise...
7.2. We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you by email if this happens.
8.1. Property Pack. After we have accepted your order we will send a Property Pack by post to you or the Property Owner as specified on the Order Form. The Property Pack will have:
8.2. Input Form. You or your contractors should complete the Input Form with the initial information about the services at the Property. You will be able to set a password when you complete your Input Form. We will use the Input Form to prepare the Plans and services description on the Website. These will not be uploaded onto the Website until the person providing the data has checked them and approved them.
8.3. Changes to the Input Form. The Property Owner can subsequently amend the Input Form or provide new Data at any time during the Period to correct errors or notify changes to the services at the Property. We will use the amended Input Form to update the Plans and services description on the Website. These updates will not be uploaded onto the Website until you have checked them and approved them.
8.4. Descriptions and illustrations. Any descriptions or illustrations on the Website are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
8.5. Compliance with specification. Subject to our right to amend the description (see clause 8.6) we will supply the Services to you in accordance with the description of the Services appearing on the Website at the date you send us your Order Form.
8.6. Changes to specification. We reserve the right to amend the description of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services.
8.7. Access. When the Data has been uploaded to the Website we recommend you pass the password and the serial number on the Property Pack to the Property Owner. The Data, but not the address of the Property, can be accessed by anyone who has the serial number on the Property Pack. The address of the Property will only be accessible using the current password and by the emergency services. Personal information about you and the Property Owner will only be accessible using the current password. The password can be changed through the Website at any time.
8.8. Reminders. Based on the Data you provide we will provide the Property Owner with periodic reminders about servicing your gas appliances and (if applicable) the dates for gas certificates and electricity certificates.
8.9. Telephone Support: We will provide a telephone support line to provide assistance with completing the Input Form and using the Website.
8.10. Website. We will use reasonable endeavours to ensure that access to the Website is available at all times except during planned maintenance.
8.11. Engineers. We will recommend suitably qualified gas and electrical contractors in your area to the Property Owner on request.
8.12. Reasonable care and skill. We warrant to you and to the Property Owner that the Services will be provided using reasonable care and skill.
8.13. Time for performance. We will use all reasonable endeavours to meet any performance dates specified on the Website, but any such dates are estimates only and failure to perform any part of the Services by such dates will not give you the right to terminate the Contract.
9.1. Correcting input errors. The completion process on the Website allows you to check and amend any errors before submitting the Input Form to us. Please check the Input Form carefully before confirming it. You are responsible for ensuring that the Input Form and any other information submitted by you is complete and accurate.
10.1. It is the Property Owner’s responsibility to ensure that:
10.2. If our ability to perform the Services is prevented or delayed by any failure by the Property Owner to fulfill any obligation listed in clause 10.1 (Default):
11.1. We will provide the Services for the initial Period...
11.2. We will send the Property Owner an invitation to renew the service...
11.3. We recommend that the Property Owner or their contractor checks the data each time they renew.
12.1. Unfortunately, we are unable to provide the Services for Properties outside the UK...
12.2. You may place an order for the Services from an address outside the UK, but the order must be for performance of the Services for a Property in the UK.
13.1. In consideration of us providing the Services you must pay the Price in accordance with this clause 13.
13.2. The Price is the price quoted on the Website at the time you submit your Order Form.
13.3. Our Charges are inclusive of any applicable VAT.
14.1. Payment for the Services is in advance. We will take your payment for the first Period when you send your Order Form and will take any subsequent payments in advance of the renewal date.
14.2. You can pay for the Services using a debit card or credit card or PayPal. We accept the following cards: [INSERT DETAILS OF CARDS]
If a problem arises or you are dissatisfied with the Services, we have a comprehensive complaints policy, see [COMPLAINTS POLICY LINK].
16.1. All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any data provided by you) will be owned by us.
16.2. We agree to grant you, the Property Owner, and anyone authorized by either of you a fully paid-up, worldwide, non-exclusive, royalty-free license during the Period to view and copy the plans of your Property on the Website.
16.3. You and anyone else providing Data agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable license to copy and modify any materials provided by them to us for the term of the Contract for the purpose of providing the Services to you.
17.1. We will use any personal information provided to us to: (a) provide the Services; (b) process your payments for the Services; and (c) inform you or the Property Owner about similar services that we provide, but you may stop receiving these at any time by contacting us.
17.2. We will process personal information in accordance with our [PRIVACY POLICY LINK], the terms of which are incorporated into this Contract.
18.1. We have obtained insurance cover in respect of our own legal liability for individual claims not exceeding £[AMOUNT] per claim. The limits and exclusions in this clause reflect the insurance cover we have been able to arrange, and you are responsible for making your arrangements for the insurance of any excess loss.
18.2. Nothing in the Contract limits any liability that cannot legally be limited, including liability for: (a) death or personal injury caused by negligence; and (b) fraud or fraudulent misrepresentation.
18.3. Subject to clause 18.2, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for: (a) loss of profits; (b) loss of sales or business; (c) loss of agreements or contracts; (d) loss of anticipated savings; and (e) any indirect or consequential loss.
18.4. Subject to clause 18.2, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to £[AMOUNT].
18.5. Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire 12 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
18.6. This clause 18 will survive termination of the Contract.
19.1. The Plans and details of the services at the Property will be available on the Website using the serial number...
19.2. Save as provided above we undertake that we will not at any time disclose to any person any information you give us or which we place on the Website in relation to your Property except: (a) to you and to anyone else to whom you give or who otherwise gains access to your password; (b) to such of our employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our rights or carrying out our obligations under the Contract; and (c) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority...
20.1. Termination. Without limiting any of our other rights, we may suspend the performance of the Services or terminate the Contract with immediate effect by giving written notice to you if: (a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of being notified in writing to do so; (b) you fail to pay any amount due under the Contract on the due date for payment; (c) you are made bankrupt or take any step or action in connection with entering any composition or arrangement with your creditors; (d) there is a change of ownership of the Property, and the Contract is not transferred to the new owner.
20.2. Consequences of termination: (a) on termination of the Contract, you will no longer be able to access your information on the Website. (b) termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
20.3. Termination of the Contract will not affect any of the parties' rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of the Contract that existed at or before the date of termination.
20.4. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract will remain in full force and effect.
21.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
21.2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under the Contract will be suspended, and the time for the performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for the performance of the Services with you after the Event Outside Our Control is over.
21.3. You may cancel the Contract affected by an Event Outside Our Control that has continued for more than 30 days. To cancel, please contact us. If you opt to cancel, you will have to return any relevant Property Pack to us, and we will refund the Price you have paid, less a reasonable sum in respect of any Services provided up to the date of your cancellation.
22.1. When we refer to "in writing" in these Terms, this includes email.
22.2. Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
22.3. A notice or other communication is deemed to have been received: (a) if delivered personally, when left at the address referred to in clause 22.2; (b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; (c) if sent by email, one business day after transmission.
22.4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
22.5. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
23.1. Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorized representatives).
23.2. Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
23.3. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
23.4. Third-party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
23.5. Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.
