Contract 19.02.2019
THE CLIENT’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 4 & 6.
1. By a) enrolling a dog with or b) permitting a dog to attend or c) accepting the Services of TLC Dog Walking Care and its team, the Client is deemed to have accepted these Terms and Conditions.
2. TLC Dog Walking Care may act in the Client’s absence as guardian of their dog and may perform or take any action which they deem necessary in order to protect and keep in good health the Client’s dog.
3. TLC Dog Walking Care requires one month’s notice of cancellation. The Client agrees to provide such notice or pay the amount that would be due during this notice period. The Client may cancel with notice at any time; there is no minimum term of contract.
4. For bookings, where 30 days or more notice is provided there is no charge for the care. The booking fee is none refundable but is transferable in this period where there is availability. Where less than 30 days notice but more than 7 days notice is given, 10% of the fee is chargeable to go towards the loss of business for your care provider and the booking fee is none refundable and none transferable to cover administration and management costs. Where less than 7 days’ notice is provided 50% of the fee is chargeable on the same basis and the booking fee is none refundable and none transferable.
4.1 Booking fee is none refundable, but is transferable if more than 30 days notice is given if there is suitable availability.
5. The Client may swap their agreed regular days on an ad hoc basis subject to availability. Swapped days must be used within 3 months, are non-refundable and cannot be exchanged for cash on leaving. It may be possible to add occasional extra days as required, subject to availability. Requests to do so should be made via the client portal or email. These additional days will be added to the Client’s monthly invoice at the “Additional Day” daily rate agreed between TLC Dog Walking Care and the Client.
5.1
a. Full payment for services (agreed either at time of booking or subsequently) is to be made within 7 days of receipt of invoice or, by the date specified on the invoice. Time for payment shall be of the essence of the Contract. TLC Dog Walking Care may add an administration fee of 2.5% to invoices not collected. If the Client fails to make any payment due to TLC Dog Walking Care under the Contract by the due date for payment, then the Client shall pay interest on the overdue amount at the rate of 8% per cent per annum above Barclays Bank Plc’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount plus any and all additional administrative, debt collection costs and legal fees incurred.
b. The Client shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). TLC Dog Walking Care may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Client against any amount payable by TLC Dog Walking Care to the Client.
c. On termination of the Contract for any reason the Client shall immediately pay to TLC Dog Walking Care all of TLC Dog Walking Care’s outstanding unpaid invoices and interest and, in respect of services supplied but for which no invoice has been submitted, TLC Dog Walking Care shall submit an invoice, which shall be payable by the Client immediately on receipt.
LIMITATION OF LIABILITY: THE CLIENT’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
6.1 The Client will take responsibility for any costs which may be incurred, by either veterinary or other, as a result of any damage, accident, or sickness caused to or by their dog and will pay any such costs or expenses on demand.
6.2 Nothing in the Contract shall limit or exclude TLC Dog Walking Care’s liability for:
a. death or personal injury to a human being caused by its negligence, or the negligence of its employees, agents or subcontractors;
b. fraud or fraudulent misrepresentation; or
c. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
6.3 Subject to clause 7.2, TLC Dog Walking Care shall not be liable to the Client, 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;
e. loss of damage to goodwill; and
f. any indirect or consequential loss.
6.4 Subject to clause 7.2, TLC Dog Walking Care’s total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to £1,000 or the total fees paid under the Contract, whichever is lower.
6.5 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
6.6 This clause 6 shall survive termination of the Contract.
6.7 In agreeing to the figure set under clause 6.4 above the Client agrees that he/ she is able to insure the Client’s dog under a pet insurance policy and is likewise able to insure home and property contents under a house and contents insurance policy. The Client is advised to notify his/her insurers of the day care arrangement in order to be covered under the pertinent insurance policies. The Client understands that TLC Dog Walking Care is only able to offer its competitive fees on the basis of its Clients insuring its pets appropriately.
7. The Client’s dog may be transported with other dogs in a TLC Dog Walking vehicle. The Client agrees that TLC Dog Walking Care cannot be held liable for death or injury to their dog in the event of a motor vehicle accident.
8. TLC Dog Walking Care may hold in possession the keys to the Client’s home and the Client is responsible under clause 6.7 above for making arrangements with its own insurers with this regard.
9. The Client gives permission to walk their dog/s off the lead.
10. The Client has explicitly confirmed that their dog has no record of aggressive or anti-social behaviour and they have made a full and frank disclosure of any characteristic or trait that might make their dog unsuitable for socialising with other dogs.
11. Should the Client’s dog be deemed to be unsuitable by TLC Dog Walking Care, TLC Dog Walking Care reserves the right to cancel the booking indefinitely, with immediate effect.
11.1 To ensure a safe, responsible dynamic, we insist that all male dogs over one year old must be neutered in order to attend. Females in season generally cannot attend for at least 4 weeks.
12. The Client agrees to ensure that their dog/s will be kept up to date on all vaccinations, de-worming and de-fleaing.
13. The Client consents that crates may be used for rest breaks and feeding if required and in the event of exceptional circumstances to maintain dog and human safety as appropriate and only if absolutely necessary, their dog may be placed in a crate for a limited time.
14. TLC Dog Walking Care is closed on bank holidays and the period between Christmas and New Year. Refunds or days in lieu cannot be claimed for any day care during these times.
15. The Client gives consent for their dog’s image to be used in photo or video format on TLC Dog Walking Care promotional material and social media or in any format that TLC Dog Walking Care considers appropriate.
16. Force Majeure. Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
17. Entire Agreement
a. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
b. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
18. Variation. No variation of the Contract shall be effective unless it is in writing and notified or accepted by TLC Dog Walking Care (or its appointed director(s)).
19. Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:
a. waive that or any other right or remedy; or
b. prevent or restrict the further exercise of that or any other right or remedy.
20. Severance If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
21. Notices.
a. Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or email to the correct addressed email address if sent delivered-read (so email delivery and receipt can be acknowledged).
b. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the Client’s address provided by him/her; if sent by pre-paid first class post or other next working day delivery service to the same address, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or email one business day after transmission
c. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
22. Third parties. No one other than a party to the Contract shall have any right to enforce any of its terms.
23. Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
24. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.