Roofcare plus – domestic package – TERMS AND CONDITIONS

 

BACKGROUND:

These Terms and Conditions are the standard terms which apply to the provision of roofing services by RoofCare Plus (“the Trader”) to customers who require roofing services to be provided at their home. Please read them carefully and ensure that you understand and agree to them. If you have any questions, please contact us.

 

These Terms and Conditions apply where the customer is a “consumer” as defined by the Consumer Rights Act 2015.

 

1. Definitions and Interpretation
   • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Agreed Times”	means the times which You and We agree for the Roofer to have access to the Property to complete the Job [as specified in the Agreement];
“Agreement”	means the contract into which You and We will enter if You accept the chosen package. The Agreement will incorporate, and be subject to, these Terms and Conditions.
“Business”	means any business, trade, craft, or profession carried on by You or any other person or organisation;
“Consumer”	means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Trader who receives Roofing Services for their personal use and for purposes wholly or mainly outside the purposes of any Business;
“Job”	means the complete performance of the Roofing Services;
“Order”	means Your initial request for Us to provide the Roofing Maintenance as set out in Clause 4;
“Products”	means the products required for the provision of the Roofing Services which We will supply (if any) as specified in the Agreement;
“Property”	means Your home, as detailed in the Order and the Agreement, at which the Job is to take place;
“Quotation”	means the quotation We give to You in accordance with Clause 4 detailing the services We will provide to You and the fees We will charge;
“Roofing Maintenance”	means the roofing maintenance We will provide as specified in the Agreement;
“Roofer”	means Us or Our employee who will be responsible for providing the Roofing Maintenance;
“Start Date”	means the date You and We agree on for Us to start providing the Roofing Maintenance as specified in the Agreement;
“Visit”	means any occasion, scheduled or otherwise, on which the Roofer visits the Property to provide the Roofing Maintenance;
“We/Us/Our”	means the Trader and includes all employees, agents, and sub-contractors of the Trader; and
“You/Your”	means a Consumer who is a customer of the Trader.

 

• Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic communications whether sent by e-mail, text message, or other means.
• Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
• Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.
• Each reference to a Schedule is a reference to a schedule to these Terms and Conditions.
• The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
• Words signifying the singular number will include the plural and vice versa.
• References to any gender will include any other gender.
• References to persons, unless the context otherwise requires, include corporations.

 

2. Information about Us
   • We are a Sole Trader Roofing Maintenance company.
   • We trade under the name Roofcare Plus.
   • Our main trading address is 14 Elizabeth Close, Scotter, Gainsborough, DN21 3TA.

 

3. Communication and Contact Details
   • If You wish to contact Us with questions or complaints, You may contact Us by telephone at 07731 920526 or by email at admin@roofcareplus.co.uk.
   • In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting Us in writing You may use the following methods:
     • contact Us by email at admin@roofcareplus.co.uk; or

 

4. Requests for Sign Up or Call Outs as part of the package
   • We accept requests for Roofing Maintenance sign up or Emergency Call outs via telephone, email or you can sign up via the website www.roofcareplus.co.uk
   • If We cannot accept your request, We will inform you of this in writing.
   • When (but not before) You have signed up for one of our packages, a legally binding contract between You and Us will be created for Us to provide the Roofing Maintenance and for You to pay the monthly subscription. We will forward a link for our preferred method of payment via GoCardless for you to set up your Direct Debit.
   • You are free to cancel the agreement with us with 1 months written notice.

 

5. Fees and Payment
   • The monthly subscription fee covers the general maintenance of your Roof & Gutterings.
   • Products for maintaining the roof and gutterings will be provided by Us within your monthly subscription fee. Any repairs needed to be carried out due to wear and tear will be discussed with you at great length for your decision on purchasing at your cost.

 

6. Roofing Maintenance
   • We will provide the Roofing Maintenance in accordance with your chosen package by carrying out periodic visits and call outs over the year.
   • Visit reports and photographs are taken and completed each visit to let you know what we have carried out whilst on your scheduled visit.
   • We will ensure that the Roofing Maintenance is performed with reasonable care and skill and to a reasonable standard which is consistent with best trade practice.
   • We will ensure that We comply with all relevant codes of practice that may apply from time to time, voluntary or otherwise.
   • We will properly dispose of all waste that results from Our provision of the Roofing Services.
   • Where a Job is to last for more than one working day, the Roofer will, where reasonably possible, leave the Property in a clean and tidy state and minimise any disruption to Your use and enjoyment of the Property while work is being carried out. We will, wherever possible, store all tools and materials only in areas where work is being carried out or remove them from the Property at the end of each working day.

 

7. Faulty Products
   • If any Products are supplied in the course of Us providing the Roofing Services, and You discover a defect with one or more of those Products or if the Product or Products have been incorrectly described, You should inform Us using the contact details above in Clause 3.

 

8. Problems with Our Service
   • If there is a problem with the result of the Roofing Maintenance, i.e. they have not been provided with reasonable care and skill, please get in touch using the details in Clause 3.
   • We always use reasonable efforts to ensure that Our provision of the Roofing Maintenance is trouble-free. If, however, there is a problem with the Roofing Maintenance We request that You inform Us as soon as is reasonably possible. We will use reasonable efforts to remedy problems with the Roofing Maintenance as quickly as is reasonably possible and practical.
   • We will not charge You for remedying problems under this Clause 9 where the problems have been caused by Us [or where nobody is at fault]. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by You, We may charge You for remedial work.
   • As a consumer, You have certain legal rights with respect to the purchase of goods or services. For full details of your legal rights and guidance on exercising them, it is recommended that You contact your local Citizens Advice Bureau or Trading Standards Office.
   • If We do not perform the Roofing Maintenance with reasonable skill and care, You have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You, You have the right to a reduction in price.
   • If the Roofing Services are not performed in line with information that We have provided about them, You also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You (or if Our breach concerns information about Us that does not relate to the performance of the Roofing Maintenance), You have the right to a reduction in price.

 

9. Your Obligations
   • If any consents, licences, or other permissions are needed from any third parties such as landlords, local authorities, or similar, You must obtain them before We begin to provide the Roofing Services.
   • You will ensure that the Roofer can access the Property at the Agreed Times to provide the Roofing Maintenance.
   • You may either give the Roofer a set of keys to the Property or be present at the Agreed Times to give the Roofer access. We promise that all keys will be kept safely and securely by the Roofer.
   • If You do not provide the required access to the Property or make it impossible for Us to provide the Roofing Maintenance by failing to comply with any other provision in this Clause 10, and do not have a good reason for this, We may invoice you for any additional charges incurred as a result.
   • You must ensure that the Roofer has access to electrical outlets and a supply of hot and cold running water.

 

10. Complaints and Feedback
    • We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
    • If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
      • By email, addressed to Liam Durkin admin@roofcareplus.co.uk
      • By telephone on 07731920526 to speak with Liam.

 

11. Changing the Start Date of your monthly subscription
    • If You ask Us to change the Start Date:
      • We will, where reasonably possible, agree a revised Start Date with You;

 

12. Termination
    • You may terminate the Agreement with 1 months notice by giving Us written notice via email admin@roofcareplus.co.uk
    • We may terminate the Agreement with 1 months notice by giving You written notice if:
      • You fail to make a payment on time as required under Clause 5
      • You do not provide the Roofer with access to the Property or otherwise make it impossible for the Roofer to provide the Roofing Services, and We have been unable to contact You to re-arrange the Roofing Maintenance

 

13. Effects of Termination
    • If the Agreement is terminated for any reason:
      • Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.
      • Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Agreement which exist at or before the date of termination.

 

14. Events Outside of Our Control (Force Majeure)
    • We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    • If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
      • We will inform You as soon as is reasonably possible;
      • Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
      • We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Roofing Maintenance as necessary;

 

15. Liability
    • We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
    • We will maintain suitable and valid insurance including public liability insurance.
    • If We cause any damage to the Property, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Roofing Maintenance.
    • We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us or the Roofer.
    • Nothing in these Terms and Conditions is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
    • Nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.

 

16. How We Use Your Personal Data (Data Protection)
    • All personal data that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.
    • For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available on our website www.roofcareplus.co.uk.

 

17. Other Important Terms
    • We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.
    • We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing.  Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.
    • You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).
    • The Agreement is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement.
    • If any provision of the Agreement or 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 of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.
    • No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.

 

18. Regulations and Information
    • We are required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before You have accepted the Quotation and the Agreement has been signed) except where that information is already apparent from the context of the transaction. We have included the information itself either in the Agreement or Quotation for You to see, or We will make it available to You before the Agreement is signed and you accept the Quotation. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
    • As required by the Regulations:
      • all of the information described in sub-Clause 18.1; and
      • any other information which We give to You about the Roofing Services, or about Us or Our business which you take into account when deciding to accept the Quotation and sign the Agreement, or when making any other decision about the Roofing Services,

will be a part of the terms of Our contract with You as a Consumer.

 

19. Law and Jurisdiction
    • These Terms and Conditions, the Agreement, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
    • As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    • Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Agreement, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.