Samson EPC Operation Terms & Conditions
The following terms and conditions form the basis by which I provide my services. Please read them carefully as they contain important information.
1. The contract between us
We must receive payment of services on completion or before the assessment is undertaken and before it is lodged, unless otherwise agreed before my site visit. An instruction to carry out the services by you or your agent represents an offer on your part to purchase the services at which point is a legally binding contract created between us.
2. Acknowledgement of your order
To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
3. Damage to your computer
We try to ensure that our website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
4. Availability
The services will be provided within an agreed timescale, and time is not of the essence of the contract.
5. Price
The prices payable for services that you order are as set out on our website, via verbal instruction or agreed via your agent. Prices are not subject to VAT and are correct at the time of instruction.
6. Payment terms
Payment is due on the day of inspection/site visit, or later if agreed, and can be made by cash, cheque or BACS (if agreed in advance of services). We accept no liability if our services are delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the services from you, then we can refuse to process and lodge assessment and/or suspend any further services. This does not affect any other rights we may have.
7. Cancellation rights
7.1 Where you are a consumer as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which the contract is entered into (the Cancellation Period). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty (unless we have begun the services within the Cancellation Period in accordance with clause 7.3).
7.2 Should you wish to cancel your order, you can notify us in writing by phone or email.
7.3 When services are begun within the Cancellation Period your right to cancel continues until either the end of the Cancellation Period, or the completion of the services, whichever is the earlier. If you cancel during the Cancellation Period we may charge you for any services provided up until the point when we receive your cancellation notice, and will provide a partial and proportionate refund accordingly. Your right to cancel the services will no longer apply once the services have been fully performed.
8. Cancellation by us
We reserve the right not to process your order if:
8.1 We have insufficient staff or resources to deliver the services you have ordered;
8.2 We do not provide services to your area; or
8.3 One or more of the services you ordered was listed at an incorrect price due to a typographical error.
9. If there is a problem with the services
9.1 If you have any questions or complaints about the services please contact us at samsonepc@gmail.co.uk
9.2 We are under a legal duty to supply services that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).
10. Liability
10.1 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
10.2 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
10.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer, under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
11. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 8 The Cottage Drive, Norwich, NR7 0JB.
12. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
13. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
14. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
15. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
16. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
PRIVACY STATEMENT
I/We, Samson EPC are committed to respecting and protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.
Use and collection of personal information
In general you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you use our site you will need to register and you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise.
We may use information that you provide:
To register you with our website and to administer it.
For assessment and analysis, e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.
If you do not want us to use data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.
We may disclose your personal information to third parties:
In the event we sell or buy any business or assets, in which case we might disclose your personal data to the prospective buyer or seller.
If we are under a legal duty to disclose or share your personal data in order to comply with or meet any legal obligation.
Security
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.
GDPR update: 25 May 2018
By requesting an energy assessment to be undertaken on your property, you are consenting to the processing of your personal data for the purpose of producing a valid Energy Performance Certificate in line with the legal obligation to do so under ENERGY PERFORMANCE OF BUILDINGS REGULATIONS or optionally.
Any personal data collected will be processed in accordance with the General Data Protection Regulation and all applicable laws and regulations relating to the processing of personal data and privacy.
As part of the legal basis to process personal data, Energy Assessors are also required to securely maintain and store assessment data for a period of no less than 15 years following assessment, as per the Code of Conduct of their energy assessor accreditation.
This data may also be processed by my Accreditation Scheme as part of Assessor surveillance activities. The ENERGY PERFORMANCE OF BUILDINGS REGULATIONS requires a copy of all Energy Performance Certificates to be lodged on a national Register.
Further information about the ways in which data held on the Register is made available to others is set out in a privacy notice.