Terms and Conditions

These Terms and Conditions apply to all Services provided by us, iX5 ENVIRONMENTAL SERVICES LTD, a company registered in England and Wales, Company Number 14460986, whose registered address is at THISTLEDOWN BARN, HOLCOT LANE, SYWELL, NORTHAMPTON, NN6 0BG. iX5 Pest Control is a Trading Name of iX5 Environmental Services Ltd.

Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

- - “Client/you/your” means the Consumer purchasing the Services;
  - “Consumer” is as defined by the Consumer Rights Act 2015;
  - “Contract” means the contract formed as set out in clause 2;
  - “Property” means any premises at which our Services are to be provided;
  - “Quotation” means our written or verbal price given to you for the Services to be provided, which unless otherwise specified, remains open for acceptance for a period of 30 days and sets out our entire scope of works; and
  - “Services” means the pest control services, or any others services to be provided by us to you.

Each reference to “writing” and “written” also includes e-mail and text / electronic messaging communications.

The Contract
- We will provide you with a Quotation for the Services. Your acceptance of our Quotation will form a legally binding Contract between you and us, which includes the acceptance of these Terms and Conditions.
- Our Quotation is based on the information provided to us at the time we prepare it. If we attend the Property and find additional works are required other than those for which have quoted, we will contact you to obtain your permission to carry out the additional Services and will agree a price for these. An example of this might be where an infestation of insects or rodents is initially reported as not being excessive, but if we attend and find it is far heavier or more widespread than initially believed, our charges may be increased.
- Quotations may be in writing or provided verbally, depending on the particular nature of the work, and the timescales involved for any work to be started.

The Services
- We will carry out our Services with reasonable care and skill, in accordance with our accepted Quotation and in accordance with best trade practice.
- Any programme dates we agree are to be treated as an estimate only and unless otherwise agreed in writing, we will have no obligation to complete our Services by a specified date.
- Treated areas must be left to dry completely before being accessed.
- We will issue you with any relevant health and safety information, pesticide product names / active ingredients, and / or COSHH information or data sheets relating to any chemicals we have used. You must read this information and comply with any procedures contained in them. Should any person come into contact with any chemical(s) we have used, we recommend they follow the instructions given and seek medical attention where necessary.
- We will endeavour to remove any pests that have been treated but we cannot be held responsible for unwanted effects from those in inaccessible areas.
- Any equipment (such as bait stations) we may place or leave at the Property will at all times (unless specifically itemised and paid for by you) belong to us. If any of our equipment is tampered with, removed, damaged, lost or stolen, or access is denied / prevented / not made available for us to recover all equipment, you will be responsible for paying the full cost of its replacement on a new for old basis.

Your Responsibilities
- You are responsible for ensuring:
  - the Property is safe and suitable for our Services to be carried out (for example, if flooring is to be treated, it must be clear of all articles and furniture, and be in reasonable condition or it may suffer minor damage as a result);
  - we can access the Property (and neighbouring land, where necessary) to provide the Services on the agreed dates and at the agreed times. We need a minimum of 48 hours notice if we will not be required to provide our Services on the agreed day and in this event, we will not charge for the cancelled visit;
  - you comply with our recommendations and advice, including regarding prevention, where applicable; and
  - that if any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, you have obtained these before we begin the Services.
- If you fail to comply with any of your responsibilities outlined in clause 4.1 above, we will not be held liable for any delays as a result and we reserve the right to recover any costs we incur, such as for wasted visits to the Property.
- Complaints and Dissatisfaction. If at any time during a treatment you are dissatisfied and wish to make a complaint, this must be made directly to the technician carrying out the work. If the work has been completed, any complaint must be submitted in writing, within 24 hours of the work being carried out. Failure to submit a complaint to us in writing within this timeframe may affect how we consider or deal with the complaint. Complaints about damage to property, fixtures and fittings or any other articles or equipment etc must be submitted to us in writing within 4 hours of the damage taking place or the damage being noticed. Photographic or other evidence may be requested before we will consider a complaint.

Payment
- All invoices are payable in full at time of invoice being received, without set-off, withholding, deduction or retention. We accept payment by card, bank transfer and cash . All fees are expressed exclusive of VAT where applicable.
- We reserve the right to request payment in full or in part up front before the Services commence. We will notify you of this within our Quotation.
- Any visit not resulting in in any treatment being carried out (such as an advisory/survey visit) our standard advisory visit charge will apply.
- Interest is payable on all overdue sums from the date payment was due until the date it is actually made, at the rate of 7.5% per annum above the Bank of England base rate from time to time. A late payment administration charge of £45 will be added after 7 consecutive days after the date of invoice. We also reserve the right to suspend any further Services and charge for costs associated with recovering late payments.
- Any variation in the Services to be carried out must be agreed in writing before we can proceed. Any fee or price variation will become due for payment to us in accordance with the terms for payment above.

Cooling Off Period
- As a Consumer, you have a statutory right to a cooling off period. This period begins once the Contract is formed and ends at the end of 14 calendar days after that date.
- If you wish to cancel the Contract within the cooling off period, you should inform us immediately in writing by email using the contact details provided with the Quotation. You will meet the cancellation deadline as long as you have sent your cancellation notice before the 14 days have expired.
- If you cancel within this period, you will receive a full refund of any amount paid to us under the Contract, where possible using the same payment method you used unless you request otherwise. In any case, you will not incur any fees as a result of the refund.
- Pest Control treatments are usually needed at short notice. Bearing this in mind, if the start date for the works falls within the cooling off period, you must make an express request for the Services to begin within the 14-day cooling off period. By making such a request, you acknowledge and agree that:
  - If the Services are completed within the 14-day cooling off period, you will lose the right to cancel once the works are completed;
  - If you cancel the Contract after the Services have begun, you will be required to pay for all Services supplied up until the point at which you inform us of your wish to cancel.
- Clause 7 applies to termination of the Contract after the 14-calendar day cooling off period has elapsed.

Termination
- Either you or we may cancel this Contract at any time without liability by giving written notice, if we or you:
  - breach the Contract in a material way and fail to remedy the breach within 14 days of being asked to do so in writing (a breach is considered material if it is not minimal or trivial in its consequences to the cancelling party, regardless of whether it was caused by any accident, mishap, mistake or misunderstanding); or
  - go into bankruptcy, liquidation or administration, if a receiver is appointed, or if we cease, or threaten to cease, to carry on business.
- If you or we cancel under this clause 7, you will only be required to pay for Services we have already provided up until the cancellation date. These sums will be deducted from any refund due to you or invoiced to you, depending on the amount paid at the date of the cancellation.

General Liability
- 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.
- Subject to this clause 8, 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 Contract is entered into. We will not be responsible for any loss or damage that is not foreseeable.
- We accept no liability in respect of delays or damage due to causes beyond our reasonable control including, but not limited to, staff illness, power failure, industrial action, mechanical breakdown, civil unrest, fire, flood, adverse weather, earthquakes, acts of terrorism or war or governmental action.
- We accept no liability for any damage, loss, harm, or any other adverse impact caused, whether directly or indirectly, by any pest presence or pest activity within your property, before, during, or after any treatment we may carry out or advice we may give.
- We will not be liable to you for any indirect or consequential loss, loss of profit, loss of business or business opportunity or interruption to business.
- Any treatment carried out will be conducted with suitable due diligence. We will not be liable for any damaged caused to property, furniture, surfaces, materials or other items from any application of insecticide or any other treatment.
- Nothing in these Terms and Conditions is intended to or will limit your legal rights as a Consumer under any consumer protection legislation, where applicable. For more details of your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office.

Data Protection:

Any data we hold will only be collected, processed and held in accordance with the Data Protection Act 2018, the General Data Protection Regulation 2016 and any amendments to them. For further information, please refer to our privacy policy.

Other Important Terms
- We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if for example, if we sell our business). If this occurs, we will inform you in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) your obligations and rights under these Terms and Conditions (or the Contract) without our express written permission.
- The Contract 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 these Terms and Conditions.
- Any part of these Terms and Conditions found to be unlawful, invalid or otherwise unenforceable would be severed from our Contract. This will not affect the validity and enforceability of the remaining parts of the Contract.
- If the rights under these Terms and Conditions are not exercised or enforced following a breach of contract by either party, this does not mean that either of us has waived our right to do so at a later date.
- By booking us to undertake a survey or deliver any service, you consent to us taking photographs, video or other recordable media of your property and any pest related matter at your property, and to use these for quoting, marketing or any other legitimate purpose in the course of our business. This includes use on our social media accounts, website, or any other media, and as training or marketing material, inter-alia. We will not however publish anything containing personal data or images of individuals. Copyright of all photographs, video and other recordable media remains with us.

Governing Law and Jurisdiction:

These Terms and Conditions and any Contract between us will be in accordance with the laws of England and Wales and any dispute will fall within the jurisdiction of the courts of England and Wales OR Scotland OR Northern Ireland.