1.     Definitions In these terms and conditions:

1.1.    ‘Company’ means Mike Sant Painter and Decorator as named on the quotation, and  whose registered office is at 88 The Gills, Otley, LS21 2BZ.

1.2.    ‘Customer’ means the person firm or Company to which the Quotation is addressed.

1.3.    ‘Quotation’ means these conditions together with the particulars and referred documents forming part of the Company’s offer.

1.4.    ‘Works’ means the work as described or referred to within the Quotation and any variations thereto which may be carried out by the Company.

1.5.    ‘Site’ means the agreed area of land and/or buildings to be occupied by the Company for the purpose of carrying out the Works.

 

2.     General

2.1.    The Company is entitled to continuity of work in a logical sequence without obstruction or restriction during normal working hours.  If for any reason beyond the Company’s control such continuity is broken or the Site working hours are restricted in any way or if overtime is required to recover lost time for such reasons, the Company shall be entitled to reimbursement from the Customer of any additional costs and losses so caused.

2.2.    The Customer may, without invalidating the Contract, instruct a variation to the Works. The valuation of a variation instructed by the Customer shall be agreed prior to the Company being obliged to undertake the additional works as instructed. Where no price is agreed, and the Company undertakes the work at their discretion, the varied work shall be valued on a daywork basis using the Company’s current schedule of daywork rates.

 

3.     Commencement and completion

3.1.    The Works will be commenced and completed within a reasonable time after the acceptance of the Quotation or, if there is a period or periods agreed in writing for the execution of the Works, within the period(s) so agreed.

3.2.    The Company shall not be responsible for, and no liability shall accrue to the Company for delays in the completion of the Works due to causes beyond its control.  Where a period for performance is agreed in accordance with 3.1, the Company will be entitled to an extension of time for any delays due to causes beyond the control of the Company and for any suspension brought about under clause 4.5.

3.3.    If the Company is delayed or disrupted in the execution of the Works due to any acts or omissions of the Customer, his servants, agents or other contractors appointed by him, then the Company shall be entitled to reimbursement from the Customer of any additional loss and or expense arising from such delay or disruption.

3.4.    If the Company fails to complete the Works within the period for performance and such failure is not attributable to matters referred to in 3.2 and/or 3.3, the Company will not be liable for any loss, expense, cost or liability incurred or sustained by the Customer unless an agreed rate of liquidated damages forms part of this contract. Such rate will be deemed to be inclusive of all the Customer’s losses, expenses, costs and liabilities attached to any such delay. In any event, the total amount of liquidated damages (if agreed) that can be claimed by the Customer shall not exceed an amount which is equivalent to 10% of original tender sum as included in the Quotation.

 

4.     Payment

4.1.    If the Works are to be undertaken over a period in excess of 1 week from the commencement of the Works, the Company will be entitled to stage payments.  In circumstances where the Works are to be completed in a period up to 1 week then the Company will issue an invoice upon completion of the Works.

4.2.    Where the Company is entitled to stage payments they shall be issued at intervals of not less than one week calculated from the date of commencement of the Works. The interim invoice for payment shall indicate the value of work performed together with the value of any unfixed materials delivered to the Site and any other sum to which the Company is entitled under these conditions, less any previous payments.  The date of such invoice is the due date.

4.3.    The final date for payment of the notified sum shall be the due date.

4.4.    After completion of the Works the Company shall submit a final invoice for payment indicating the total value of work executed and any other amounts to which the Company is entitled under these conditions, less any previous payments.  The due date for this final invoice is the date the invoice is made and the final date for payment is the due date.

4.5.    If the Customer fails to make payment by the final date for payment, the Company, subject to giving 7 days’ notice, shall be entitled to suspend the execution of the Works.  The Company shall not be obliged to re-commence the execution of the Works until the Customer has made payment of any of the amount due in full. The Company will be entitled to reimbursement from the Customer of any additional costs and losses so incurred as a result of such suspension.

 

 

5.     Risk

5.1.    The risk of damage or loss in unfixed materials shall pass to the Customer immediately on delivery to the Site.  Unfixed materials that have been delivered to site shall remain the property of the Company including the right to dispose thereof, until the Company has received payment in full in respect of those materials.

5.2.    The risk of damage to materials incorporated into the Works and the cost of replacement or repair of such materials lies with the Customer, except where such damage is caused by the negligence of the Company.

 

6.     Statutory requirements, fees and charges

6.1.    The Customer shall be responsible for obtaining all statutory consents, permissions and approvals necessary for the execution of the Works unless otherwise expressly stated in the Quotation.

6.2.    All fees and charges paid by the Company in compliance with statutory requirements applicable to the Works will be reimbursed by the Customer which will be in addition to the Contract Sum.

 

7.     Insurance

7.1.    The Customer shall insure against loss or damage arising from any cause whatsoever to the Works and unfixed materials and any existing structures together with all contents.

7.2.    If any loss or damage as referred to in 7.1 occurs, the Customer shall issue instructions for the reinstatement and making good of such loss or damage as a variation and such instructions shall be valued under 2.2.

 

8.     Existing structures and attendances

8.1.    If during the execution of the Works the Company encounters unforeseen conditions or obstructions of any kind which result in the incurrence of additional costs and losses by the Company, then such additional costs and losses shall be paid by the Customer to the Company.

8.2.    All water and power required for the execution of the Works will be provided free of charge by the Customer to the Company.

 

9.     Exclusions

9.1.    Unless stated in the Quotation the following work, facilities, attendances, etc are excluded from the Works: providing electrical power supplies; fixed scaffolds or other access systems; safety lighting; removing waste from site; skips; providing a performance bond; acting as Principal Contractor in connection with CDM Regulations.

 

10.   Termination

10.1.  Any breach whatsoever of these conditions by the Customer shall entitle the Company to terminate its employment forthwith.

10.2.  If the Customer shall become bankrupt or have a Receiver or Administrator appointed or go into liquidation or have a receiving order made or make a composition with its creditors, then the Company may by written notice terminate its employment forthwith.

10.3.  In the event of termination under 11.1 the Company, in addition to the value of the work executed and the amount of any other monetary entitlement under these conditions, shall be entitled to be reimbursed any loss of profit on the unexecuted work and any other additional costs and losses arising from such termination.

10.4.  If for whatever reason the employment of the Company is terminated, the Customer hereby agrees to permit the Company entry to the Site to retake possession of its unfixed materials, plant and equipment.

 

11.   Limit of Liability

11.1.  Insofar as the applicable law permits the Company’s liability for any matter that is its risk under the contract shall be no greater than 10% of the tender sum as included in the Quotation.

 

12.   Applicable Law

12.1.  This agreement is subject to the law of England and Wales.

 

13.   Dispute Resolution

13.1.  If a dispute arises under this Contract, the Senior Representatives of the Parties to this contract shall meet in good faith in an attempt to resolve the dispute. If the Senior Representatives cannot resolve such dispute within 10 days, then the dispute shall be referred to Managing Directors of the Customer and Contractor who shall meet in good faith in an attempt to resolve the dispute within a further 10 days.

13.2.  However, either party, at any time, may refer any dispute arising under or in connection with the Contract to Adjudication in accordance with Part I of the Scheme for Construction Contracts (England and Wales) Regulation 1998 (Amendment) (England) Regulation 2011.

13.3.  The Adjudicator shall be nominated by the President or Vice President of the Royal Institute of Chartered Surveyors.

13.4.  All disputes arising under or in connection with the Contract shall be finally decided by litigation.

 

Privacy Policy

1        General

1.1  Mike Sant Painter and Decorator is committed to protecting and respecting your privacy. For the purposes of data protection legislation, we are the data controller and we will process your personal data in accordance with the General Data Protection Regulation (EU) 2016/679 and national laws which relate to the processing of personal data. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. 

2        Visitors to our website

2.1 We may collect and process personal data about you in the following circumstances:  

2.1.1 When you complete forms on our website (“Site”). This includes name and contact details you may provide when you ask us to contact you about our services;

2.1.2 Whenever you provide information to us when reporting a problem with our Site making a complaint, making an enquiry or contacting us for any other reason. If you contact us, we may keep a record of that correspondence;

2.1.3 Details of your visits to our Site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise, and the resources that you access (see section 2.2.2 on Cookies below); and 

2.1.4 Whenever you disclose your information to us, or we collect information from you in any other way, through our Site. 

2.2      We may also collect data in the following ways:

IP Address

2.2.1 We may collect information about your device, including where available your Internet Protocol address, for reasons of fraud protection. We may also collect information about your device’s operating system and browser type, for system administration and to report aggregate information. This is statistical data about our users' browsing actions and patterns and does not identify any individual.

Cookies

2.2.2 Our Site uses cookies to distinguish you from other users of our Site. This helps us to provide you with a good experience when you browse our Site and also allows us to improve our Site. 

2.3        We may use your personal data for our legitimate interests in order to: 

 2.3.1 Provide you with information, or services that you requested from us;

2.3.5 Allow you to participate in interactive features of our Site, when you choose to do so; 

2.3.6 Ensure that content from our Site is presented in the most effective manner for you and for your device;

2.3.7 Improve our Site and services;

2.3.8 Process and deal with any complaints or enquiries made by you; and

2.3.9 Contact you for marketing purposes (see section 6 for further details).

2.4       Website Links 

2.4.1 Our Site may, from time to time, contain links to and from the websites of third parties. Please note that if you follow a link to any of these websites, such websites will apply different terms to the collection and privacy of your personal data and we do not accept any responsibility or liability for these policies. When you leave our Site, we encourage you to read the privacy notice/policy of every website you visit.

3            Customers

3.1 We will collect details such as name and contact details when you place an order for services from us. We will use this information to process your order and comply with our contractual obligations. 

3.2 In order to perform our contact with you, we may also need to share personal data with third parties such as suppliers who are delivering materials directly to site, and sub-contractors who will carry out work on our behalf. 

3.3 We may also advertise your feedback on our website and marketing materials (subject to obtaining your prior consent where necessary);

3.4 We will retain your information as long as we require this to provide you with the services ordered from us and for a period of 6 years from our last contact with you.  

4            Suppliers and Sub-contractors

4.1 We will collect details such as name and contact details, and, in the case of sub-contractors, bank details, NI number and Unique Tax Reference.  This is in order to contact you about goods or services ordered with you, to place further orders, and to pay you for the goods and/or services supplied. We will keep the personal data for 6 years further to being provided with the goods/services.

5            If you fail to provide personal data

5.1 Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide the data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example to provide you with our services). In this case, we may have to cancel a service you have with us, but we will notify you if this is the case at the time.

6            Marketing

6.1 In addition to the uses described in sections 2-4 above, where you indicate you would like to receive marketing correspondence from us, subscribe to our mailing lists or newsletters, or provide us with your details at networking events, we may use your personal data for our legitimate interests in order to provide you with details about our services and business updates which we think may be of interest. 

6.2 You have the right to opt-out of receiving the information detailed in section 6.1 at any time. To opt-out of receiving such information you can:

6.2.1    tick the relevant box situated in the form on which we collect your information;

6.2.2    clicking the unsubscribe button contained in any such communication received; or 

6.2.3 email us at info@mikesant.co.uk or call 07734667938 providing us with your name and contact details.

6.3 We may share your details with third parties who design and administer our marketing correspondence.  You will be given the opportunity of unsubscribing from our mailing lists by clicking on the appropriate link in these emails. 

7            Monitoring and Recording

7.1 We may monitor email communications with you for the purpose of IT security.

7.2        We do not record telephone communications with you.

8        Automated Processing

8.1        We do not undertake automated decision making with your personal data.

9            Legal Basis for Processing

9.1 We will only use your personal data where the law allows us to. Most commonly, we will use your personal data in the following circumstances: 

9.1.1    for performance of a contract we enter into with you;

9.1.2 where necessary for compliance with a legal or regulatory obligation we are subject to; and

9.1.3 for our legitimate interests (as described within this policy) and your interests and fundamental rights do not override these interests.

10         Disclosure of Personal Data to Third Parties

10.1 In addition to the third parties mentioned above, we may disclose your information to third parties for our legitimate interests as follows: 

10.1.1 to staff members in order to facilitate the provision of services to you;

10.1.2 to our affiliated entities to support internal administration; 

10.1.3 IT software providers that host our website and store data on our behalf; 

10.1.4 professional advisers including consultants, lawyers, bankers and insurers who provide us with consultancy, banking, legal, insurance and accounting services;

10.1.5 HM Revenue and Customs, regulators and other authorities who require reporting of processing activities in certain circumstances; and 

10.1.6 third parties who we may choose to sell, transfer or merge parts of our business or assets. Alternatively, we may seek to acquire other business or merge with them.

10.2 We may disclose personal data to the police, regulatory bodies, legal advisors or similar third parties where we are under a legal duty to disclose or share personal data in order to comply with any legal obligation, or in order to enforce or apply our website terms and conditions and other agreements; or to protect our rights, property, or safety of our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

10.3 We will not sell or distribute personal data to other organisations without your approval.

11       Cross-Border Data Transfers

11.1 We will not transfer your personal data outside the European Economic Area.

12         Data Security

12.1 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your information transmitted to our Site; any transmission is at your own risk. 

12.2 Information you provide to us is shared on our secure servers. We have implemented appropriate physical, technical and organisational measures designed to secure your information against accidental loss and unauthorised access, use, alteration or disclosure. In addition, we limit access to personal data to those employees, agents, contractors and other third parties that have a legitimate business need for such access.

13       Access to, Updating, Deleting and Restricting Use of Personal Data

13.1 It is important that the personal data we hold about you is accurate and current.  Please keep us informed if the personal data we hold about you changes.  

13.2 Data protection legislation gives you the right to object to the processing of your personal data in certain circumstances or withdraw your consent to the processing of your personal data where this has been provided. You also have the right to access information held about you and for this to be provided in an intelligible form. If you would like a copy of some or all of your personal information, please send an email to info@mikesant.co.uk.  In certain circumstances we reserve the right to charge a reasonable fee to comply with your request. 

13.3 You can also ask us to undertake the following:

13.3.1 update or amend your personal data if you feel this is inaccurate;

13.3.2 remove your personal data from our database entirely;

13.3.3 send you copies of your personal data in a commonly used format and transfer your information to another entity where you have supplied this to us, and we process this electronically with your consent or where necessary for the performance of a contract; or

13.3.4 restrict the use of your personal data.

13.4 We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal data that we hold about you or make your requested changes. Data protection legislation may allow or require us to refuse to provide you with access to some or all the personal data that we hold about you or to comply with any requests made in accordance with your rights referred to above. If we cannot provide you with access to your personal data, or process any other request we receive, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

13.5 Please send any requests relating to the above to the Company Secretary at info@mikesant.co.uk specifying your name and the action you would like us to undertake.

14         Right to Withdraw Consent

14.1 Where you have provided your consent to the collection, processing and transfer of your personal data, you have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, please contact us at info@mikesant.co.uk. 

15         Changes to our Privacy Policy

15.1 We reserve the right to update this privacy policy at any time, and any changes we make to our privacy policy will be posted on this page. We will notify you if there are any changes to this policy that materially affect how we collect, store or process your personal data. If we would like to use your previously collected personal data for different purposes than those we notified you about at the time of collection, we will provide you with notice and, where required by law, seek your consent, before using your personal data for a new or unrelated purpose. We may process your personal data without your knowledge or consent where required by applicable law or regulation.

16         Contact Us

16.1 Our Company Secretary oversees compliance with this privacy policy. If you have any questions, comments or requests regarding this policy or how we use your personal data please contact our Company Secretary at 88 The Gills, Otley, LS21 2BZ. This is in addition to your right to contact the Information Commissioners Office if you are unsatisfied with our response to any issues you raise at https://ico.org.uk/global/contact-us/

Last updated: Aug 2021.