j. If you need work or repairs carrying out that are not included in your Plan(s), we will provide a Quote for parts and labour. There is no obligation to ask us to proceed. 3) Limitations a. Investigation/remedy of any faults that arise with your boiler during the first 14 days of any relevant Plan, or pre-existing faults or conditions, will not be included within your Plan (and will be chargeable Works) unless we installed the product/s and have maintained them ever since. b. In the case of a Plan including boiler or system care, when we carry out your first boiler service and inspection of your boiler and system, if it transpires that your boiler and/or system were not safe and in good working order at the time of your application then we will give you a quote for the additional work required to bring your boiler and/or system up to the required standard. You are under no obligation to have the work undertaken, but if you decide not to go ahead with the work we will cancel your Plan and you will be invoiced for the cost of our visit and for any work carried out (less any payments received in respect of the Plan). c. By applying for a Plan that includes monitoring of your boiler, you agree to register your product with the relevant manufacturer application and provide consent to the sharing of that monitoring data with our software provider TradeHelp Ltd (who will then share it with us, please also see Section 3 below). If you do not carry out the necessary registration or provide the necessary consent in the required format (or you at any time retract that consent), we will be unable to complete the monitoring. d. Despite regular servicing, products sometimes fail, and this can damage other items in your property. We cannot repair or replace these items within the cost of your Plan(s) unless the products included in your Plan(s) failed because we did not service or maintain them properly. e. Where parts require replacement we cannot guarantee the availability of the exact same part and, at our sole discretion, may supply and fit replacement items which may not be the same, but will have the same functionality. f. We do not provide Plan(s) for boilers over 15 years old, or mobile or park homes which are owned or rented. 4) Call-Out Fees a. Call-Out Fees are ‘per incident’. Accordingly, if we need (or you ask us to carry out) Works which are unrelated to those we were called out to deal with, we reserve the right to charge a second Call-Out Fee. We may also have to schedule a repeat visit to deal with the unrelated Works if they are not urgent. b. If we are unable to gain access to the relevant part of your property at the time we have previously agreed with you, or if we reasonably consider that it would be unsafe for us to do so, we will be entitled to charge a second Call-Out Fee for any re-arranged visit. 5) Termination a. If You cancel your Plan no refunds will be payable by us, except where cancellations are made under paragraph 5c below. You are free to cancel at any time as there is no minimum contract period and no cancellation fee. To cancel, please either email us or write to us at the address set out in your Plan documents. A cancellation form can be found at the end of this document. b. Please note, if you cancel your Plan within a 12 month period during which we have provided products and/or services under the Plan, we reserve the right to recover from you any cost of such products and services not covered by your payments under the Plan. If you cancel your Plan prior to your next service then we will not provide the service under the Plan and any work that you subsequently ask us to do, including any servicing, will be considered as extra Works for which we will prepare a Quote. c. If you cancel any Plan within the first 14 days from its commencement then, provided you haven’t called us out to do any work under it and we haven’t undertaken a boiler or appliance service, we will refund in full all sums paid by you under that plan. d. If, by reason of circumstances outside of our control we are unable to provide the expected benefits under your Plan in any given year, we will refund you any sums paid but will be liable for no other costs, charges or loss. e. We will give you at least 7 days’ notice of our intentions to make changes to your Plan(s) including your Plan Fees. If you do not accept the changes then you may cancel your Plan. Section 3 – Conditions applicable to Plans which include Boiler Monitoring a. In order for any Plan which includes boiler monitoring to take effect, you will need to create an account on the Honeywell Home app at https://getconnected. honeywellhome.com/en/honeywell-home-app, to register the relevant product/s and then additionally provide your consent directly to Resideo Technologies Inc to permit them to share the monitoring data from the relevant product/s (the ‘Boiler Data’) with our software provider TradeHelp. b. By applying for a Plan including boiler monitoring, you are providing your consent to the sharing by TradeHelp of the Boiler Data with us. c. In processing and managing the Boiler Data on your behalf, TradeHelp and ourselves act as data controllers (please see also Section 4, paragraph 4 below). d. Please be aware that in monitoring the Boiler Data on your behalf we are reliant on third party systems and services, and we take no liability for the accuracy, completeness or timeliness of the Data or notifications provided. The Data and notifications are provided for information only, potentially to assist in the diagnosis and resolution of any heating issues. Our monitoring services are not intended as an emergency or time critical notification system, and should not be viewed as such. Section 4 – Conditions applicable to all Works 1) Obligations a. We will use all reasonable endeavours to carry out the Works and to attend your premises in accordance with any time schedule or response times set out or agreed with you. However, unforeseeable circumstances (e.g. extreme weather conditions or the unavailability of spare parts) may cause delays for which we cannot be held responsible and so no warranties can be given regarding time frames. Time will not be of the essence in determining whether we have complied with our obligations to you. b. We will use all reasonable care and skill in providing the Works. Further, we will provide you with reasonable assistance in making valid claims under any warranty provided by the manufacturers of products we supply to you in the course of providing the Works. c. In providing a Quote, we may have had to make certain assumptions regarding the nature of any existing structures and their finishes; the route and state of repair of existing pipes, fixtures and wiring; the availability of materials and the absence of plaster finishes (in new builds or extensions) on walls and ceilings across which pipes are to be laid etc. (To avoid making such assumptions, some detailed survey works and enquiries may otherwise have been required, which would have delayed and increased the cost of the Works). In the circumstances, whilst the assumptions made will be based upon experience and good industry practice, it may become necessary to suggest changes to the Works as their provision progresses to take account of any discrepancies between the assumptions initially made and the actual conditions found. These will be dealt with in accordance with paragraph d below. d. Where we have unproductive days or carry out additional work because: i) one or more of the assumptions made under paragraph c above proves to be false; or ii) the provision of the Works is delayed or changed at your request; or iii) you do not comply with one or more of your obligations under these terms and conditions, then we will discuss with you the impact of these changes upon the Quote and/ or on our ability to provide the Works under the Plan, and any previously agreed timescales. If we are unable to reach agreement with you upon these changes within 7 days, however, then we will cease work and, if the Works are subject to a Quote, reduce the Fees to a sum which we reasonably consider to be pro-rata to the work actually carried out, and invoice you accordingly. Once we have received payment of those adjusted Fees (or immediately in the case of Works carried out under a Plan), our obligations in respect of the Works will then be regarded as discharged. e. Unless the Works are included under a Plan or, where available, you have entered into an agreement to finance the Works (see separate terms and conditions), the Fees are due and payable within 7 days from the date of each invoice, which shall be delivered in accordance with the Quote, or (where appropriate) within 21 days of a failure to reach agreement in relation to any additional works. In the event of any delay in payment, we shall be entitled to charge a late payment administration fee of 2.5% of the net sum due plus interest at 8% above the then current Bank of England base lending rate from the date when the relevant invoice becomes due until the date of payment. f. Where you are supplying products, fittings or other materials for our use in carrying out the Works, then: i) they must comply with all relevant British Standards; and ii) they must be suitable for the environment (e.g. where water vapour will be present) and appropriate to the physical constraints relevant to the installation (e.g. size and weight in relation to the load-bearing structures); and iii) you must make sure that they are available and ready to use when required. 2) Carrying Out the Works a. Unless included under the terms of your Plan, a contract for us to carry out the Works only comes into force when you have paid any deposit referred to in the Quote. b. You must ensure that, from the date we have agreed to begin the Works until they have been completed, we have unimpeded, safe access to the site where we are to carry out the Works at all appropriate times. c. If we need to access pipes or wires behind built-in units or appliances, we might ask you to arrange for these to be removed before we start work and replaced when we finish. This removal and replacement will be at your own cost and risk. d. If we need to access pipes or wires buried inside a wall, we will make all reasonable efforts to limit mess, and we will make the surface good afterwards to a flat plaster finish. However, if the Works are being carried out under a Plan, please note that the payments made under your Plan do not include us arranging or paying for any necessary redecoration of your property. e. If we need to access pipes or wires which are under a floor, we will re-lay any disturbed floorboards. However, if the Works are being carried out under a Plan, the payments made under your Plan do not include us arranging or paying for the re-laying of your carpets or other floor-coverings, or for replacing them if we cannot lift them without damaging them. 3) Stopping (Temporarily or Permanently) the Works a. We will be entitled to cease the Works immediately if we discover asbestos, infestation or any other health or safety risk at your property and will not be obliged to re-commence the Works until we are reasonably satisfied that it is safe for us to do so. b. Where the Works require us to disconnect the power supply to some or part of your property for a period of time, we will try to give you notice of the disconnection. It will then be your responsibility to ensure that all computer and other sensitive equipment is properly shut down prior to the disconnection, to avoid any damage or loss of data. We will not be responsible for any losses incurred as a result of a planned disconnection where we have made reasonable endeavours to give you notice. c. When we carry out any Works, we may recommend that additional work is carried out to improve the performance of your systems, reduce the risk of future malfunctions or ensure continued compliance with current safety regulations. These additional works are not compulsory. However, the safety regulations applying to the use of gas appliances do change quite regularly and we are obliged to implement them. Accordingly, if you choose not to follow our recommendations and we reasonably believe that any of your products are unsafe, we may be required to disconnect them (with your approval), or notify the National Grid, for your own safety. Further, if we believe that failure to comply with our recommendations will expose us to unreasonable risks in terms of future call-outs, we will be relieved of all future obligations to you under any relevant Plan(s) you may have with us unless and until the recommended additional works have been carried out either by us or to our satisfaction. d. If there is any delay in payment of the Fees, we will be entitled to withhold providing any remaining Works and/or suspend any Plan(s) (without penalty) until such time as payment is made. e. We may terminate all Works and/or your Plan(s) at any time, without liability, by giving you notice in writing, if you threaten or abuse, or allow any other person to threaten or abuse, any of our staff or sub-contractors in any way – either verbally or physically – or behave in any other unreasonable manner towards our team. f. If you are a consumer (i.e. not a landlord), you have the right to cancel the Works under a Quote within 14 days of accepting the Quote without giving any reason. To exercise the right to cancel please either email us or write to us at the address set out in your Plan or Quote documents. A cancellation form can be found at the end of this document. g. If you require us to commence any Works within 14 days of accepting a Quote then we will require you to complete and sign a waiver that confirms your acknowledgement and acceptance that you are waiving your right to cancel within 14 days. h. If you wish to complain or you are unhappy with the service provided, please contact our customer services team. 4) Data Protection a. We will collect the following information about you and your product/s: i) your name, contact details, and the address of your property. ii) payment information provided by you in connection with payment of Fees. iii) details of your Plans and Quotes, details of payments to and from you, and details of visits made and Works planned or completed. iv) any problems you report. v) where you are on a Plan which includes monitoring Boiler Data relating to your thermostat and boiler. b. We use this information to: i) provide you with the product/s and/or services as detailed in your Plan(s) and in any Quote(s), and to take payment of Fees. ii) administer and improve our business. iii) let you know about any ways in which we can improve the service you receive from us. iv) tell you about any offers, products or services which may be of interest to you. We may contact you by post, telephone, email and/or other electronic messaging services. To change your marketing preference let us know by emailing or writing to us. c. By applying for a Plan you agree that we may use your data in the manner described above. d. All use of your data will be in accordance with the most recent data protection legislation and we will not use your data in any other manner or for any other purpose than as described above. e. You have the right to ask us for a copy of the personal information we hold about you; to update or correct your personal information to keep it accurate; to object to us processing your personal information – in which case we will either agree to stop processing or explain why we’re unable to; and, where we rely on your consent, withdraw that consent at any time. f. In respect of any Plan including boiler monitoring, TradeHelp will collect the following information about you and your product/s: i) your name, contact details, and the address of your property. ii) Boiler Data relating to your thermostat and boiler (where you have provided the necessary consents referred to in section 3 above). g. TradeHelp will use this information in order to communicate to us the Boiler Data, and to send alerts to us and to you in connection with the Boiler Data. h. As our software provider, TradeHelp will also process and store on our behalf the following information about you and your product/s: i) your name, contact details, and the address of your property. ii) payment information provided by you in connection with payment of Fees on direct debit. iii) details of your Plans and Quotes and details of direct debit payments from you. i. TradeHelp will use this information solely in accordance with our instructions and as data processor for us. j. By applying for a Plan you agree that TradeHelp may use your data in the manner described above. k. All use of your data will be in accordance with the most recent data protection legislation and TradeHelp will not use your data in any other manner or for any other purpose than as described above. l. You have the right to ask TradeHelp for a copy of the personal information held about you; to update or correct your personal information to keep it accurate; to object to TradeHelp processing your personal information – in which case TradeHelp will either agree to stop processing or explain why this is not possible; and, where TradeHelp rely on your consent, you may withdraw that consent at any time. 5) Risk and Limitations on Liability a. Risk in any materials delivered to you in relation to the provision of the Works will pass to you upon delivery, and so you are advised to take appropriate precautions to prevent any loss or damage of them. However, we will retain ownership of those materials until all payments due to us in respect of them have been paid in full. Accordingly, you authorise us to enter the site at which the Works are or were to be provided, and to remove any materials (at any reasonable time,) for which we have not yet received payment in full. b. We will not be liable for any consequential or indirect losses you suffer. This includes necessary damage caused to decorations during Works, as well as any loss or damage you suffer (for example due to water leaks) resulting from any fault in your system or products that we have not caused. We will not be liable for any loss, damage or delay arising from force majeure. c. Further, (to the extent permitted by English law, and not beyond,) our total liability to you for negligence or breach of contract is limited to a sum equivalent to the Fees. d. We do not provide insurance and the Plans are not contracts of insurance; they are service plans whereby you make pre-payments in return for our periodic maintenance of products. e. For the avoidance of doubt, this paragraph 5 is not intended to exclude or limit our liability for death or personal injury caused by our negligence and nothing in these Terms affects your statutory rights as a consumer. 6) General a. These Terms and Conditions, together (as applicable) with the Plan(s) or the Quote, represent the entire agreement between you, us and TradeHelp and replace any prior written or verbal agreements. Any amendments to the agreement must be agreed in writing by both you and us. b. The Plan is a contract between us that is personal to you. You cannot transfer your rights under the Plan to anyone else without our consent. We can transfer our obligations under the plan to any third-party. c. No waiver of any of our rights will be binding unless that waiver is given in writing. Neither will any waiver granted by us prevent the exercise of any other right(s) we may have against you for subsequent breach of the same or a different provision. d. If any provision of these Terms and Conditions is legally incapable of being enforced, it will automatically be replaced by an alternative provision that achieves, so far as is practical, the objectives of the original provision. e. These Terms and Conditions will be interpreted in accordance with English Law and disputes arising out of them will be exclusively subject to the jurisdiction of the English Courts, unless we are domiciled in a different country, in which case the laws of that country will prevail. These Terms and Conditions are a legal document that will bind us both. We’ve tried to make them both clear and fair, but if there is anything you don’t understand or are unsure about, please discuss it with us before applying for a Plan or requesting a Quote.