1. Terms and Conditions for Domestic Customers
1.1 What these terms cover. These are the terms and conditions on which we supply our services to you, as a consumer.
1.2 What these terms do not cover. These terms do not cover our provision of services to businesses and commercial clients. If you are a business or commercial client, please see https://www.apcpestcontrol.co.uk/terms-and-conditions-commercial/
1.3 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2 Information about us and how to contact us
2.1 Who we are. We are APC Pest Control Limited, a company registered in England and Wales. Our company registration number is 09928997 and our registered office is at 42 Churchfields, Norwich, United Kingdom, NR9 3PH.
2.2 How to contact us. You can contact us by telephoning us on 01603 260946 or by writing to us by email at firstname.lastname@example.org, using the website enquiry form or by post to APC Pest Control, 42 Churchfields, Hethersett, Norwich, Norfolk, NR9 3PH.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails but does not include fax.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, or if earlier, upon us commencing performance of the services, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the services, because your address falls outside of the territory specified below in clause 3.4, or because we are unable to meet a delivery deadline you have specified.
3.3 A quotation provided by us is not an offer to perform services. Any quotation or estimate provided by us is valid for a maximum period of 30 days from its date of issue to you, unless we expressly withdraw it at an earlier time. Any quotation provided by us to you is not an offer by us to provide services. The placing of your order constitutes an offer by you to purchase our services at the price advertised in the quotation, and your order will be accepted as per clause 3.1, rejected in accordance with clause 3.2 or otherwise revised.
3.4 We only provide services in Norfolk and North Suffolk. We operate in the counties of Norfolk and the north of Suffolk. Unfortunately we may be unable to accept your order if your address is outside of these regions. We will inform you of this in writing if this is the case in accordance with clause 3.2.
4. Your rights to make changes
If you wish to make a change to the services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract in accordance with clause 7.
5. Our rights to make changes
We may change the services to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, or to meet a request made by you. These changes will not affect the quality of the services you receive.
6. Providing the services
6.1 When we will provide the services. During the order process we will let you know when we will provide the services to you. If the services are to be performed on multiple separate visits to the relevant property, we will discuss and agree suitable dates for the visits to take place with you.
6.2 We are not responsible for delays outside our control. If our performance of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any services you have paid for but not received.
6.3 If you do not allow us access to provide services. If you do not allow us access to the relevant property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. This includes where you are not home at the agreed time when the services are to be provided. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 8.2 will apply.
6.4 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 8.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying services late, or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.5 Reasons we may suspend the services. We may have to suspend the services to:
6.5.1 deal with technical problems or make minor technical changes;
6.5.2 update the services to reflect changes in relevant laws and regulatory requirements;
6.5.3 make changes to the services as requested by you or notified by us to you (see clause 5).
6.6 Your rights if we suspend the services. We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 30 days we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract if we suspend the services, or tell you we are going to suspend them, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for services not provided to you.
6.7 We may suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 9.3) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply. We will not charge you for the services during the period for which they are suspended. As well as suspending the supply of the services we can also charge you interest on your overdue payments (see clause 9.4).
7. Your rights to end the contract
7.1 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses 7.1.1 to 7.1.5 below the contract will end immediately and we will refund you in full for any services which have not been provided. The reasons are:
7.1.1 we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 5);
7.1.2 we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
7.1.3 there is a risk that supply of the services may be significantly delayed because of events outside our control (see clause 6.2);
7.1.4 we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
7.1.5 you have a legal right to end the contract because of something we have done wrong.
7.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online or off-premises, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.3 How long do I have to change my mind? You have 14 days after the day the contract is formed in which to exercise your right to change your mind and cancel the contract. However, if you requested that the services begin during the 14 day period, once we have completed the services you cannot change your mind, even if the 14 day period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
7.4 Tell us you want to end the contract. To end the contract with us, please let us know by phone, email or post using the contact details in clause 2.2. Please provide your name, home address, details of the order and when you received it and, where available, your phone number and email address.
8. Our rights to end the contract
8.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
8.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
8.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
8.1.3 you do not, within a reasonable time, give us access to your property to enable us to provide the services to you;
8.1.4 you do not, within a reasonable time, allow us access to your premises to supply the services;
8.1.5 you commit a serious breach, or frequent and repeated breaches of these terms.
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9. Price and Payment
9.1 Where to find the price for the services. The price of the services (which includes VAT unless otherwise stated) will be the price set out in our quotation provided to you during the order process. If no price was provided to you during the order process, the price will be as set out on the relevant page on our website depending on the services which you have ordered.
9.2 What happens if we get the price wrong? If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and not perform the services.
9.3 When you must pay and how you must pay. We accept payment by cash, cheque, debit/credit card (over the phone) or bank transfer. You must make payment in full prior to us commencing performance of the services, unless this has otherwise been agreed by you and us and confirmed in our acceptance of your order.
9.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
9.5 What to do if you think an invoice is wrong. Where payment is not taken in advance, and if you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
10. Our responsibility for loss or damage suffered by you
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the services.
10.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
10.4 We are not liable for business losses. Services supplied under these terms are only supplied for domestic and private use. If you use the services for any commercial, business or resale purpose when we are not aware you will do so, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. How we may use your personal information
We will only use your personal information for the purposes of providing our services to you, and will not transfer your personal information to any third parties unless you provide us with your consent to such transfer. We will comply with data protection laws (including the Data Protection act 2018) when dealing with your personal information.
12. Other important terms
12.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 of us telling you about it and we will refund you any payments you have made in advance for services not provided.
12.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
12.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
12.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
12.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.