HydroJet Drain Care Terms of Service (Last Rev. 12/06/2022)
Thank you for making HydroJet Drain Care, (hereafter referred to as Hydrojet Drain Care, we, us or our) your drain care partner! This Integrated Terms of Service (TOS) is the contract between HydroJet Drain Care and the individual, individuals or entity to whom have requested a services or that we have assigned a Client ID to (hereafter referred to as Client, Customer, you or your), and governs the services as described on our website (Services). This TOS includes our Acceptable Use Policy (AUP), Privacy Policy and Service Level Agreement (SLA). It is very important that you read this TOS in its entirety; by requesting a service, works to be carried out or a Client ID, you consent to be bound by its terms. The effective date of this TOS is the date of first contact with you or assign you a Client ID (Effective Date).
* We will not modify this T.O.S. arbitrarily. However, because the ways in which services are used, and abused, evolve over time, we reserve the right to modify it. If we do, the new version of the T.O.S. can be found under the "About us" drop down menu on our website. It is the clients responsibly to ensure they have an up to date version of our T.O.S. and that they have read and understand it. We may post updates on our Facebook page, send updates via email or notify you directly.
*It is the Client's obligation to ensure that the Services are used in compliance with these policies. Client is encouraged to include policies no less restrictive than our AUP and Privacy Policy in its contracts with its customers, or those who use the Services provided by us through you (collectively "End Users").
* By confirming a quote or requesting our services via any of the provided methods of contact, the client is agreeing to have read and understood these Terms of Service. We shall include links to our T.O.S. in our invoices, quotations, emails and on our website to make it easier for the client to access. Should the client have any questions or concerns they may contact us by emailing us at tos@hydrojetdraincare.co.uk or via our website.
- 1.0 Our Services
1.1. The following provisions apply to all Services:
1.1.1. Descriptions of the features, characteristics and limitations of the products and services we offer are set out on our website. We agree to provide the Services to you, as they are described on our website, as of the Effective Date. Should these characteristics change after the Effective Date, we are not obligated to modify your Services to reflect these changes. If we do so, and you agree to purchase them, the Fee may change. We may make changes to these Services if a supplier makes components unavailable, cost prohibitive, if a beta period ends, or at any time effective on the end of the term of a particular Service.
1.1.2. HydroJet Drain Care provide multiple ways for you to purchase our Services: (i) through our website contact, (ii) by opening a ticket/email to purchase additional Services (Ordering Process), (iii) by telephone. When you place an order for the Services using these methods, you agree to purchase the Services selected by you and understand the relevant points in this T.O.S. relating to you the client and the service requested.
1.1.3. HydroJet Drain Care may decline to accept a request for Services if we determine that we require the facilities for other needs. Should operational needs require us to restrict or allocate Services among customers because of a shortage of facilities or causes beyond our control, we may do so without breaching this TOS.
1.1.4. The individual or entity set out in our records is the only entity authorized to access the Services. It is your responsibility to secure passwords and other access methods used to access the Services. If you administer an account on behalf of another party, you warrant that you will administer that account in good faith, and indemnify us against all losses and liabilities incurred by us should you administer the account in ways that are adverse to your customer and which result in a claim against us.
1.1.5. If you resell the Service, or incorporate the Service into your own services, you are responsible for determining whether the Service will be appropriate for your customers (End Users) and for ensuring that they do not engage in any activity which would cause you to breach this TOS. Your End Users are not a third party beneficiary to this TOS, and you agree to indemnify us for any claims made against us by your End Users of any nature. Unless expressly set out during the Ordering Process, we have no obligation to provide support to End Users. If we cease providing the Service to you, for any reason, you are solely responsible for securing replacement services for your End Users.
1.1.6. HydroJet Drain Care agree to use commercially reasonable efforts to provide Client with the Services according and subject to the terms of this TOS and all agreements incorporated by reference.
1.1.7. You must provide HydroJet Drain Care with all information, access, and full good faith cooperation, including, if required, with your third party vendors, reasonably necessary to enable HydroJet Drain Care to deliver the Services. We will rely on the information you provide to us. It is your obligation to keep this information up-to-date. We have no liability if communications are delayed, or not delivered, because of your failure to keep this information up-to-date. You agree that we may provide you with information that may negatively affect you by email. Please ensure that the email address you provide to us is configured in a way so that information from us is not rejected or marked as SPAM.
1.1.8. Quotations given by us are valid for twenty-eight days from the date they are given. We may vary or withdraw any quotation at any time before it is accepted by you.
1.1.9. HydroJet Drain Care will do our best to complete the work and provide the goods and materials for the quoted amount. However, due to unforeseen circumstances, we may incur additional costs above the quoted amount. In this event, will let you know immediately and explain the reasons for the additional costs and ask you to accept an amended quote to cover the additional costs.
1.2.0. The price payable by you is the price stated as the Total Due on the quotation, invoice or as agreed prior to works commencing.
1.2.1. Domestic Customers: You will be invoiced immediately on completion of the work. The Total Due on the invoice is payable immediately. If you do not pay the Total Due immediately or on the invoice date, you must pay an administration/late charge and interest will accrue on the outstanding amount at a prevailing rate until payment is received in full. (Please see "2.0 Charges and late Fee's"). We may include multiple names on an invoice.
1.2.2. Commercial Customers: You will be invoiced on completion of the work. The Total Due on the invoice is payable within 28 days of the date of the invoice. If you do not pay the Total Due within this time you must pay an administration charge of %20 and interest aper day will accrue on the outstanding amount at the prevailing rate plus 1% per day until payment is received in full. (Please see "2.0 Charges and late Fee's")
1.2.3. An administration charge of £50 is payable in respect of each cheque we present for payment that is dishonoured by your bank for whatever reason.
1.2.4. HydroJet Drain Care will carry out work during our normal business hours which are 8am to 6pm Monday to Friday. We may be able to work outside our normal business hours at an additional charge. This will be agreed by both parties at time of sale.
1.2.5. Unless we are responsible for it, we will not include loss or damage to your property (including any cleaning needed) or any other type of loss, this includes but is not limited to water damage, physical damage, spillage, damage caused by plumbing that has been modified or installed incorrectly. Due to the nature of our business no water damage is covered by us under any circumstances. If access has to be made to your property to complete a repair, we will fill any holes and leave the surface level but will not replace the original surface or construction. Any redecoration or repair of damage that may be needed following our work is your responsibility.
1.2.6. You must let us know of anything which may present a hazard or danger to anyone carrying out work in your property. You must also make sure that we have clear access to any relevant drains and covers and provide us with a supply of mains electricity and water. If we incur additional work or expense as a result of your failure to provide us with clear access, mains electricity and water, we may charge you for that additional work and/or expense.
1.2.7. HydroJet Drain Care will not be responsible for our failure to meet any of our obligations under this agreement because of circumstances beyond our control.
1.2.8. If you are a tenant you will need your landlord's permission to allow us to carry out the work. If the property is a listed building you may require planning permission. In either case it is your responsibility to obtain any permission required for the work.
1.2.9. Notice of your Right to Cancel. You have 14 days from the date you accept your quote to cancel, or if we’ve ordered parts for the job, 14 days from the date they arrive. This is your “cooling off” period. You can ask us to start work before your cooling off period ends, but if you cancel once we’ve started, we’ll charge you for any work we’ve already done. If you want to cancel, just contact us.
1.3.0. HydroJet Drain Care may cancel the agreement at any time by giving you written notice.
1.3.1. HydroJet Drain Care may check your details with one or more reference and fraud-prevention agencies. HydroJet Drain Care and they may keep a record of this search and share it with other organisations. If a person provides false or inaccurate information and we suspect fraud, this is also recorded. This information may be used by HydroJet Drain Care, and other organisations may search these records to trace recover debt, prevent fraud and manage your accounts or insurance policies.
1.3.2. HydroJet Drain care use several third-party debt recovery companies in order to recover non-paying or fraudulent clients. Any costs incurred by us to use these services will be added to the clients final bill and will be collected in addition to the original amount.
1.3.3. HydroJet Drain Care will use the legal system to aquire judgment and enforce any outstanding inoices or ammounts owed to us.
1.3.4. HydroJet Drain Care also reserves the right to sell on unpaid invoices to debt recovery companies as we see fit, this will relinquish us of any responsibility to the invoices and any monies owed plus their added fee's will be payable directly to the recovery/enforcement company.
1.3.5. Surveys, inspections and media. Any reports, documents or media will not be produced or released until the corresponding invoice has been paid.
- 2.0 Charges and Fee's
2.1. Late invoice fee's for Domestic and Commercial Invoices...
| Invoice Ammount. | Late Fee Payable / To Be Added. | Daily Intrest Rate To Be Added Until Paid In Full. |
| up to £300.00 | £45.00 | 1% |
| £300.01 - £500.00 | £60.00 | 1% |
| £500.01 - £1000.00 | £80.00 | 1% |
| £1000.01 - £1500.00 | £90.00 | 1% |
| £1500.00 an upward | Decided at discretion. | 1% |
- 3.0 Confidentiality
3.1. Confidential Information is non-public information, know-how and trade secrets in any form that are designated by the parties as confidential, or which a reasonable business person knows, or reasonably should understand, to be confidential. The following items are within the definition of Confidential Information without needing to be designated as such: this TOS; any information placed by Client on the Services, as limited by the Privacy Policy (Client Data); and Hydrojet Drain Care's website/server configuration.
3.2. The following items are outside the definition of Confidential Information: information that is, or is made, publicly available without a breach of this paragraph; was known by a party without a legal obligation to keep it confidential; is independently developed by a party without reference to the Confidential Information; is a comment or suggestion Client volunteers to improve Hydrojet Drain Care's products or services.
3.3. Subject to this paragraph, the parties agree not to disclose the Confidential Information to third parties, other than as necessary to provide the Services, and then only for the purposes set out in this TOS. The parties agree to take reasonable steps to ensure the security and confidentiality of the Confidential Information, steps at least as protective as those used to protect their own Confidential Information. One party shall notify the other in writing within twenty four hours of its discovery of disclosure of the Confidential Information, and cooperate with the other to regain control and prevent further dissemination of the Confidential Information.
3.4. Either party may not disclose the other's Confidential Information to affiliates, or if required to comply with a court order or other government demand that has the force of law. However, the party subject to the court order agrees to give the other party notice within a reasonable period of time to allow the owner of the Confidential Information to protest it, unless notice is prohibited.
3.5. The obligations of this Section shall remain in effect for three years after termination of this agreement.
- 4. General Provisions
4.1. If HydroJet Drain Care or you are unable to perform our respective obligations due to circumstances outside our reasonable control (Force Majeure Event), performance shall be excused for the period of time that these circumstances persist, contingent on our taking steps to remedy those circumstances. The following circumstances are outside the scope of a Force Majeure Event: lack or unavailability of funds. If HydroJet Drain Care is unable to provide the Services for a period of thirty days or more, not withstanding attempts to remedy the Force Majeure Event, you may terminate the affected Services without application of the Early Termination Charge.
4.2. This TOS is the final, and full, expression of our agreement, and supersedes all prior oral and written communications between the parties about its subject matter.
4.4. This TOS and all agreements incorporated by reference shall be governed by the laws of Wales and United Kingdom, without regard to its choice of laws or conflicts of laws principals.
