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TERMS AND CONDITIONS OF SERVICE

These Terms and Conditions apply to emergency call-outs, inspections, diagnosis, repairs, servicing, maintenance, installations and associated Services supplied by URBAN SUBURBAN.

These Terms are intended to protect Your mandatory statutory rights while providing Us, Our Engineers, personnel and legitimate commercial interests with the maximum contractual protection permitted by law.

Call-out charge

£150

Attendance + first hour on site

Additional labour

£75 / hr

Per hour or part hour

Parts warranty

12 months

On parts supplied & installed

00

Definitions and Interpretation

0.1

Application

The definitions and rules of interpretation in this Clause 00 apply throughout these Terms unless the context requires otherwise.

0.2

“URBAN SUBURBAN”, “Us”, “We” and “Our”

“URBAN SUBURBAN”, “Us”, “We” and “Our” mean the provider of the Services supplied under these Terms and any person lawfully authorised to act on behalf of URBAN SUBURBAN in connection with those Services.

A reference to Us, We or Our does not by itself impose personal contractual liability upon an individual Engineer.

0.3

“You”, “Your” and “Customer”

“You”, “Your” and “Customer” mean the person who:

  • (a) makes an enquiry and subsequently requests or authorises Services;
  • (b) requests, arranges or confirms a Booking;
  • (c) requests that We attend a Property;
  • (d) accepts a Quotation;
  • (e) requests or authorises Work;
  • (f) permits an Engineer to attend or enter the Property;
  • (g) instructs or permits Work to commence;
  • (h) agrees to be responsible for the Charges;
  • (i) makes or undertakes to make payment in settlement of the Charges; or
  • (j) otherwise enters into the Contract with Us.

Where You make the Booking on behalf of another person, landlord, company, managing agent or other principal, You represent that You have authority to do so.

A person does not become liable merely because they happen to be physically present at the Property without entering into the Contract or assuming responsibility for the Services or Charges.

0.4

“Consumer”

“Consumer” means an individual acting wholly or mainly outside that individual's trade, business, craft or profession where that meaning applies under applicable consumer legislation.

Nothing in these Terms removes a Consumer right which Applicable Law provides cannot lawfully be excluded or restricted.

0.5

“Business Customer”

“Business Customer” means a Customer acting wholly or mainly for purposes relating to a trade, business, craft or profession.

0.6

“Services”

“Services” include, where applicable:

  • (a) emergency attendance;
  • (b) call-outs;
  • (c) inspection;
  • (d) investigation;
  • (e) diagnosis;
  • (f) fault-finding;
  • (g) testing;
  • (h) isolation;
  • (i) repair;
  • (j) servicing;
  • (k) maintenance;
  • (l) installation;
  • (m) replacement;
  • (n) commissioning;
  • (o) safety work;
  • (p) quotation-related attendance;
  • (q) reporting or certification where agreed; and
  • (r) related labour or professional services.
0.7

“Engineer”

“Engineer” means any engineer, technician, operative, contractor, subcontractor, representative or other person authorised by Us to attend the Property or perform any part of the Services.

The term Engineer does not represent that every person performing every function holds identical qualifications or registrations.

Where particular work legally requires specified competence, qualification or registration, We will use a person appropriately authorised to undertake that work.

0.8

“Property”

“Property” means the premises, land, building, dwelling, commercial premises, communal area or other location at which Services are requested or performed, including areas to which access is reasonably required for the Work.

0.9

“Booking”

“Booking” means any arrangement or request for Services made through telephone, email, website, online booking system, SMS, messaging service, referral service, in person or another communication channel accepted by Us.

0.10

“Contract”

“Contract” means the legally binding agreement between You and Us for Services.

The Contract may comprise:

  • (a) these Terms;
  • (b) the Booking;
  • (c) an accepted Quotation;
  • (d) an agreed written scope of Work;
  • (e) the booking confirmation;
  • (f) any subsequent written variation; and
  • (g) any document expressly incorporated into the Contract.

Where documents conflict, the more specific written term agreed for the particular Work prevails to the extent of the inconsistency, subject always to mandatory Applicable Law.

0.11

“Charges”

“Charges” means sums properly payable under the Contract, including where applicable:

  • (a) call-out charges;
  • (b) labour;
  • (c) Parts;
  • (d) Materials;
  • (e) parking;
  • (f) tolls;
  • (g) congestion or access charges;
  • (h) specialist equipment;
  • (i) specialist contractors;
  • (j) procurement and delivery;
  • (k) waiting time;
  • (l) abortive attendance;
  • (m) additional authorised Work; and
  • (n) other properly agreed charges.
0.12

“Emergency”

“Emergency” means a situation presented to Us as requiring urgent attendance because of an actual or suspected failure, leak, loss of essential service, safety concern or other circumstance reasonably requiring prompt investigation or intervention.

0.13

“Emergency Attendance”

“Emergency Attendance” means attendance requested or accepted on an Emergency basis.

Emergency Attendance does not guarantee that:

  • (a) the reported condition legally or technically constitutes an emergency;
  • (b) its cause can immediately be identified;
  • (c) a permanent repair can be completed during the first attendance; or
  • (d) every required Part will be immediately available.
0.14

“Work” and “Works”

“Work” and “Works” include physical or professional activity undertaken as part of the Services, including investigation, diagnosis and testing even where no component is ultimately replaced.

0.15

“Parts”

“Parts” mean components, replacement components, equipment or appliances supplied or installed in connection with the Services.

0.16

“Materials”

“Materials” include consumables, fittings, fixings, seals, chemicals, pipework, electrical materials and other materials reasonably used in providing the Services.

0.17

“Quotation”

“Quotation” means a written offer identifying particular Services or Works and a stated price or pricing basis.

Unless expressly stated otherwise, a Quotation may depend upon assumptions concerning access, concealed conditions, the state of the existing installation and information supplied by You.

0.18

“Estimate”

“Estimate” means an indication of anticipated price based upon information reasonably available at the time.

An Estimate is not a fixed-price Quotation unless expressly stated to be one.

0.19

“Formal Complaint”

“Formal Complaint” means a complaint concerning the Services, Charges, an Engineer, workmanship, diagnosis, Parts, warranty or another matter which is submitted in accordance with Clause 9 to:

info@urbansuburban.co

and contains sufficient information reasonably to identify the relevant Service and nature of the complaint.

0.20

“Complaint Evidence”

“Complaint Evidence” means photographs, reports, invoices, correspondence, technical information, recordings, documents or other material lawfully supplied for investigation of a Formal Complaint.

Private submission of Complaint Evidence does not confer permission for public Publication.

0.21

“Written”, “Writing” and “In Writing”

Unless the context requires a signed paper document, “Written”, “Writing” and “In Writing” include communications capable of being retained and reproduced, including email, SMS, electronic confirmation and another durable electronic communication accepted by Us.

A purely oral statement does not constitute Writing unless subsequently confirmed in Writing.

0.22

“Written Consent”

“Written Consent” means express permission given in Writing by Us which identifies with reasonable clarity:

  • (a) what is authorised;
  • (b) the purpose of the authority; and
  • (c) any conditions or limitations.

Written Consent is not implied from silence, conduct, attendance, payment or failure to object.

0.23

“Publication”, “Publish” and “Published”

“Publication”, “Publish” and “Published” include making material available to another person or audience by:

  • (a) posting;
  • (b) uploading;
  • (c) sharing;
  • (d) streaming;
  • (e) livestreaming;
  • (f) broadcasting;
  • (g) transmitting;
  • (h) forwarding;
  • (i) distributing;
  • (j) reproducing;
  • (k) circulating;
  • (l) displaying;
  • (m) licensing;
  • (n) sublicensing;
  • (o) supplying to a publisher or media organisation;
  • (p) supplying to a Platform; or
  • (q) otherwise communicating material publicly or semi-publicly.
0.24

“Platform”

“Platform” includes any:

  • (a) social-media service;
  • (b) review website;
  • (c) search engine;
  • (d) messaging platform;
  • (e) video-sharing service;
  • (f) online forum;
  • (g) publisher;
  • (h) hosting provider;
  • (i) artificial-intelligence service;
  • (j) content-distribution service; or
  • (k) comparable digital intermediary.
0.25

“Recording”

“Recording” means any photograph, video, audio, audiovisual recording, livestream, CCTV footage, doorbell-camera footage, screen recording or other digital or analogue capture from which an Engineer may be identified directly or indirectly.

0.26

“Personal Data”

“Personal Data” has the meaning given by applicable UK data-protection legislation where that legislation applies.

For contractual purposes, references to an Engineer's Personal Data include identifiable photographs, recordings, voice recordings and other information relating to an identified or identifiable Engineer.

0.27

“Applicable Law”

“Applicable Law” means any legislation, regulation, statutory instrument, legally binding rule, court order or other legal requirement applying to the Contract, Services or relevant conduct.

0.28

“Statutory Rights”

“Statutory Rights” means rights, protections or remedies conferred by Applicable Law.

References in these Terms to rights which cannot lawfully be excluded mean those rights which Applicable Law makes mandatory or non-excludable in the circumstances.

0.29

“Business Day”

“Business Day” means a day other than Saturday, Sunday, Christmas Day, Good Friday or a bank or public holiday in England.

0.30

“Reasonable” and “Reasonably”

Where these Terms use “reasonable”, “reasonably”, “reasonable period”, “reasonable opportunity” or similar wording, the requirement shall be assessed objectively having regard to the circumstances.

It does not give either party unrestricted discretion.

0.31

Headings

Headings are for convenience and do not limit the substantive provisions.

0.32

Singular and plural

Words in the singular include the plural and vice versa where the context permits.

0.33

Persons

A reference to a person may include an individual, company, partnership, body corporate, organisation, public authority or other legal entity where appropriate.

0.34

“Including”

The expressions “including”, “includes”, “in particular” and “for example” are illustrative and do not limit the preceding words.

0.35

Statutory references

References to legislation include applicable amendments, replacements, consolidations and re-enactments.

0.36

Mandatory law

Where any contractual definition conflicts with a mandatory statutory definition applicable to a Consumer Contract, the mandatory definition prevails to the minimum extent required.

01

Agreement to these Terms

1.1

Contract formation

You enter into the Contract with Us in accordance with these Terms when, subject to the circumstances of the Booking, You:

  • (a) request or confirm Services;
  • (b) accept a Quotation;
  • (c) request attendance;
  • (d) permit attendance at the Property; or
  • (e) instruct or permit Work to commence.
1.2

Scope

These Terms apply to all Services We provide unless We expressly agree different terms in Writing.

1.3

Your authority

You confirm that You are:

  • (a) owner or occupier of the Property;
  • (b) authorised by the owner or occupier; or
  • (c) otherwise lawfully entitled to request the Services.

You are responsible for obtaining any required landlord, freeholder, managing-agent, insurer or other third-party permission.

1.4

Evidence of acceptance

We may rely upon Booking records, calls, emails, messages, electronic confirmations, payment records, job records and other contemporaneous evidence to establish Your instructions and acceptance.

1.5

Maximum lawful contractual effect

These Terms operate to the fullest extent permitted by Applicable Law.

No permission, licence, consent, authority or contractual freedom shall be implied merely because You have purchased Services or allowed an Engineer to enter the Property.

To the fullest extent permitted by law, You relinquish any contractual permission, implied licence or implied consent capable of lawful waiver which would otherwise permit conduct expressly prohibited by these Terms.

1.6

Mandatory rights

Nothing in these Terms excludes, restricts or removes a Statutory Right which Applicable Law provides cannot lawfully be excluded or restricted.

1.7

Variations

No Engineer may materially vary these Terms unless authorised by Us.

Any material variation must be agreed in Writing.

02

Emergency Call-outs and Labour

2.1

Call-out charge

The Emergency call-out charge is £150.

2.2

First hour

The call-out charge includes attendance and the first hour of Engineer labour on site.

2.3

Additional labour

After the first hour, labour is £75 per hour or part hour unless another rate is agreed in Writing.

2.4

Emergency period

Emergency Work is ordinarily limited to three hours unless otherwise agreed.

2.5

Nature of Emergency Attendance

Emergency Attendance may include investigation, diagnosis, isolation, temporary repair, permanent repair or safety Work.

Emergency Attendance does not guarantee permanent repair during the first visit.

2.6

Additional Work

Where further non-emergency Work is required, We will ordinarily explain the Work and price before proceeding.

You are not required to accept a Quotation for further Work.

2.7

Immediate safety Work

Where an Engineer reasonably identifies an immediate danger, the Engineer may take reasonable steps within applicable professional obligations to make the situation safe.

Where practicable, You will be informed before additional chargeable Work is undertaken.

2.8

Urgent attendance

Where You specifically request urgent repairs or maintenance, applicable cancellation rights remain subject to Applicable Law and any lawful statutory exception.

2.9

Diagnosis

A diagnosis is based upon the condition presented during attendance.

It may reasonably change where concealed defects, intermittent faults, additional failures, new information or further testing produce new evidence.

A genuine diagnostic revision does not by itself establish negligence or breach.

03

Parts, Materials and Additional Costs

3.1

Exclusions

Unless stated otherwise, labour and call-out Charges exclude Parts, Materials, replacement equipment, specialist equipment, specialist contractors, manufacturer attendance, scaffolding, lifting equipment and comparable additional costs.

3.2

Pricing

Where reasonably practicable, We will advise anticipated Part or Material costs before supply or installation.

3.3

Urgent procurement

Urgently sourced Parts may reflect availability, emergency sourcing, delivery, collection and procurement costs.

3.4

Special orders

Special-order items may be subject to supplier cancellation or restocking terms, subject to Your applicable Statutory Rights.

3.5

Customer-supplied Parts

We do not warrant the quality, compatibility, condition or fitness of Parts or equipment supplied by You or another third party.

We remain responsible for exercising reasonable care and skill in installation Work We agree to undertake.

3.6

Unsuitable Parts

An Engineer may refuse to install anything reasonably believed to be unsafe, damaged, unsuitable, incompatible, counterfeit or non-compliant.

04

Parking, Access and Site Conditions

4.1

Access costs

You are responsible for reasonable parking, toll, congestion and access-related Charges properly incurred.

4.2

Parking

Where reasonably possible, You must provide lawful and suitable parking.

4.3

Permissions

You are responsible for obtaining permits, access codes, parking permissions, landlord authority and other necessary site permissions.

4.4

Safe access

You must provide safe and reasonably unobstructed access.

4.5

Delays

Where access is prevented, materially delayed or restricted for reasons outside Our reasonable control, We may charge a reasonable amount for wasted attendance or waiting time actually incurred.

4.6

Unsafe premises

An Engineer may refuse to enter or remain in a location reasonably considered unsafe.

4.7

Occupants and animals

You must ensure children, animals and other occupants do not create unreasonable interference or hazards.

4.8

Property clearance

Unless agreed, We are not responsible for substantial furniture removal, possession clearance or comparable access preparation.

05

Payment

5.1

Payment due

Unless otherwise agreed in Writing, properly due Charges must be paid before the Engineer leaves.

5.2

Undisputed sums

You must pay all properly due and undisputed sums on completion.

5.3

Partial dispute

A dispute concerning one part of an invoice does not automatically entitle You to withhold an unrelated undisputed sum.

5.4

Bank transfer

Bank transfers must be initiated and capable of reasonable verification before the Engineer leaves.

5.5

Card payments

Card payments will be processed in accordance with Applicable Law.

5.6

Invoice disputes

A disputed invoice should identify:

  • (a) the invoice;
  • (b) the amount disputed;
  • (c) the reason; and
  • (d) supporting evidence.

Where it forms a Formal Complaint, submit it to:

info@urbansuburban.co

5.7

Non-payment

Where a properly due and undisputed amount remains unpaid, We may, subject to Applicable Law:

  • (a) suspend further non-emergency Work;
  • (b) decline further credit;
  • (c) require future advance payment; and
  • (d) pursue lawful debt recovery.
5.8

Reports

We may withhold optional non-statutory reports or further non-emergency Services while properly due undisputed Charges remain unpaid.

5.9

Rights preserved

Nothing prevents You disputing a Charge or exercising a mandatory statutory remedy.

06

Standard of Service, Liability and Responsibility

6.1

Reasonable care and skill

We will perform the Services with reasonable care and skill.

6.2

Non-excludable liability

Nothing excludes liability which Applicable Law does not permit Us to exclude.

6.3

Foreseeable loss

Subject to Clause 6.2, We are responsible for loss which is a reasonably foreseeable consequence of Our breach or negligence.

6.4

Pre-existing defects

We are not responsible for loss caused by defects which:

  • (a) existed before attendance;
  • (b) were concealed;
  • (c) could not reasonably be identified within the agreed scope; or
  • (d) were not caused by Us.
6.5

Existing installations

Older, defective, corroded, modified or poorly maintained systems may fail during reasonable isolation, testing, draining or repressurisation.

We are not responsible merely because a pre-existing defective component fails during otherwise properly performed Work.

6.6

Information supplied by You

We are not responsible for additional loss caused by materially inaccurate, incomplete or misleading information on which We reasonably relied.

6.7

Third-party interference

We are not responsible for subsequent defects caused by another contractor, unauthorised interference, misuse, Customer modification or unrelated failure unless We are independently responsible.

6.8

Commercial losses

Nothing limits compensation required by mandatory consumer law.

6.9

Mitigation

Both parties should take reasonable steps to minimise avoidable further loss.

07

Customer Obligations

7.1

Accurate information

You must provide materially accurate information concerning faults, previous Work, known defects, previous diagnosis, hazards, access restrictions and relevant system history.

7.2

Safe working area

You must provide a reasonably safe and accessible work area.

7.3

Unsafe or unlawful instructions

You must not require an Engineer to undertake unsafe, unlawful or professionally prohibited Work.

7.4

Interference

You must not intentionally interfere with testing, measurements, isolation, safety procedures, tools or diagnostic Work.

7.5

Additional costs

Where Your breach causes avoidable additional attendance or Work, We may charge reasonable additional costs actually incurred.

7.6

Hazards

You must disclose known leaks, electrical defects, structural hazards, asbestos concerns, infestations, dangerous animals and other material hazards where reasonably practicable.

7.7

Instructions

Where several people are present, We may reasonably rely upon the person who booked the Work or appears authorised unless notified otherwise.

08

Twelve-Month Parts Warranty

8.1

Warranty

Parts supplied and installed by Us are covered by a 12-month contractual warranty from installation.

8.2

Scope

The warranty covers qualifying defects in the relevant Part arising during normal reasonable use.

8.3

Exclusions

The warranty does not cover failure caused by accidental damage, misuse, neglect, normal wear, unauthorised alteration, third-party interference, unrelated equipment, pre-existing defects, contaminated water, abnormal pressure, frost, electrical supply problems, flooding, Customer-supplied Parts or failure to follow reasonable instructions.

8.4

Scope limitation

The warranty applies to the relevant Part and does not automatically extend to unrelated components.

8.5

Investigation

We are entitled to inspect and reasonably investigate a reported warranty defect.

8.6

Formal warranty complaint

Formal warranty complaints should be submitted to:

info@urbansuburban.co

8.7

Non-warranty attendance

A reasonable Charge may apply where investigation establishes the issue falls outside the warranty, provided You were informed of that possibility where reasonably practicable.

8.8

Interference

You should not permit another party to dismantle or alter warranted Work before We have a reasonable inspection opportunity unless urgent circumstances or Applicable Law justify doing so.

8.9

Statutory rights

This warranty is additional to Your Statutory Rights.

09

Formal Complaints Procedure

9.1

Formal complaint address

A Formal Complaint should be submitted to:

info@urbansuburban.co

9.2

Commencement

A complaint sent to that address and sufficiently identifying the relevant Service will be treated as a Formal Complaint.

Informal verbal remarks, social-media comments or review posts do not automatically commence the Formal Complaints Procedure.

9.3

Information required

Where reasonably possible, include:

  • (a) Your name;
  • (b) Property address;
  • (c) contact details;
  • (d) attendance date;
  • (e) job or invoice reference;
  • (f) clear complaint description;
  • (g) disputed Work or Charges;
  • (h) relevant Complaint Evidence;
  • (i) chronology; and
  • (j) remedy sought.
9.4

Evidence

Complaint Evidence should be supplied to:

info@urbansuburban.co

unless We provide another method for large files.

9.5

Investigation

We will acknowledge and investigate the Formal Complaint within a reasonable period.

9.6

Inspection

Where defective Work is alleged, You should, where reasonable, allow Us an inspection opportunity before arranging permanent remedial Work elsewhere.

Urgent safety Work is excluded from this expectation.

9.7

Engineer evidence

We may consider the Engineer's account, job records, photographs, testing information and other reasonably relevant evidence.

9.8

Preservation

Both parties should preserve relevant evidence while a genuine dispute is being investigated.

9.9

Further information

We may reasonably request further information necessary to investigate.

9.10

No admission

Investigation, return attendance, inspection, remedial proposals or goodwill offers do not by themselves constitute admissions of liability.

9.11

Outcome

Depending on findings, We may provide explanation, rejection with reasons, remedial Work, qualifying replacement, invoice correction, refund where appropriate or another reasonable outcome.

9.12

Continuing dispute

If You dispute the outcome, identify the remaining issue and additional evidence by replying to:

info@urbansuburban.co

9.13

External rights

Nothing prevents You obtaining legal or consumer advice, contacting an appropriate authority or exercising a mandatory right.

10

Treatment, Safety and Protection of Engineers

10.1

Conduct

You and persons present must not subject Engineers to violence, threats, intimidation, harassment, discriminatory abuse, sexual harassment, aggression or serious obstruction.

10.2

Withdrawal

An Engineer may stop Work and leave where they reasonably believe:

  • (a) safety is threatened;
  • (b) abuse or threats are occurring;
  • (c) conditions are unsafe;
  • (d) unlawful conduct is being requested;
  • (e) unauthorised Recording continues; or
  • (f) continued attendance is professionally inappropriate.
10.3

No obligation to remain

An Engineer is not required to remain where a reasonable safety, harassment or security concern exists.

10.4

Charges

Where attendance ends because of Your material breach, You remain responsible for properly due Charges for Work already performed and reasonable costs already incurred.

10.5

Future Services

Following serious misconduct, We may decline future non-emergency Services or impose reasonable conditions on future attendance.

11

Photographs, Video, Audio, Surveillance, Publication and Personal Data

11.1

Contractual prohibition

You must not make a Recording of an identifiable Engineer without Our prior express Written Consent.

11.2

Devices

This includes phones, cameras, CCTV, video doorbells, body cameras, audio devices, smart-home equipment, webcams, surveillance systems, AI-enabled systems and comparable technology.

11.3

Existing systems

You must disclose relevant active recording systems directed towards the work area where the Engineer would not reasonably be expected to know they are operating.

Where We do not consent, You must where reasonably practicable and lawful disable, redirect or prevent Recording before Work continues.

11.4

Consent authority

Written Consent must come from Us.

An Engineer's apparent consent does not constitute Our consent unless that Engineer is expressly authorised to give it.

11.5

No implied consent

Consent does not arise from silence, knowledge of a camera, continued attendance, failure immediately to object, entering CCTV-covered premises, continuing Work or payment.

11.6

Proof of consent

If You assert Recording was authorised, You should be able to identify the Written Consent relied upon.

11.7

Conditions

Written Consent may contain restrictions concerning purpose, duration, location, recipients, storage, security, retention, copying, editing, redaction, disclosure, deletion and Publication.

11.8

Recording and Publication separate

Permission to make or retain a Recording is not permission to Publish it.

Separate Written Consent is required for Publication.

11.9

Publication prohibition

Without separate Written Consent You must not Publish an identifiable image, voice or Recording of an Engineer.

11.10

Platforms

This includes Facebook, Instagram, TikTok, YouTube, X, Snapchat, Reddit, WhatsApp groups, Telegram groups, Trustpilot, Google Reviews, forums, review sites and comparable services.

11.11

No Platform licence

You are not authorised by Us to grant any Platform, publisher, search engine, AI provider, broadcaster or third party a licence derived from Us concerning an Engineer's image, voice, likeness or Personal Data.

11.12

Platform terms

A Platform agreement cannot enlarge Your contractual permission from Us.

You cannot grant on Our behalf a permission You did not receive.

11.13

Personal Data

An identifiable image, video or voice Recording may constitute Personal Data.

Where Your processing falls within applicable data-protection law, You must comply with that law.

11.14

Data-protection principles

Where applicable, processing must satisfy relevant lawfulness, fairness, transparency, purpose limitation, data minimisation, accuracy, storage limitation, security and accountability obligations.

11.15

Lawful basis

Where required by applicable data-protection law, You must identify an applicable lawful basis for processing.

Possession of a Recording does not itself establish a lawful basis for further use.

11.16

Separate processing

Collection, storage, editing, uploading, disclosure and Publication may constitute separate processing activities.

11.17

Special-category information

Where applicable processing reveals or infers special-category Personal Data, all applicable additional statutory conditions must be satisfied.

11.18

Security

Where required by Applicable Law, Recordings must be protected against unauthorised or unlawful processing and accidental loss, destruction, alteration or disclosure.

11.19

Household exemption

Nothing in these Terms asserts that data-protection legislation applies where Applicable Law excludes purely personal or household processing.

However, any such exemption does not create contractual permission to Record or Publish contrary to these Terms.

11.20

Other persons

You must take reasonable steps to ensure persons You permit to be present understand the Recording restrictions.

You must not procure another person to do what You are prohibited from doing.

11.21

Ceasing Recording

Where an Engineer reasonably believes unauthorised Recording is occurring, the Engineer may require it to cease.

11.22

Suspension

A material breach may entitle Us, where reasonable and lawful, to suspend or terminate attendance, withdraw the Engineer, require compliance before resuming Work or decline further non-emergency Services.

11.23

Breach

Unauthorised Recording or Publication contrary to this Clause constitutes a breach of Contract.

11.24

Takedown

Where material is Published contrary to this Clause, We may where legally justified require You to cease further Publication, remove material within Your control, request Platform takedown and take reasonable steps to prevent further dissemination.

11.25

Platform complaints

We may report material where We reasonably believe Publication breaches these Terms, Applicable Law or applicable Platform rules.

11.26

Remedies

Where legally available, We reserve the right to seek cessation, deletion, correction, takedown, injunctive relief, damages, compensation, recoverable legal costs or another available remedy.

11.27

No image rights purchased

Payment for Services does not purchase or confer any licence over an Engineer's image, voice, likeness, identity, Personal Data or recorded appearance.

11.28

Complaint recordings

Existing lawful Complaint Evidence may be submitted privately to:

info@urbansuburban.co

Private submission does not confer public Publication permission.

11.29

Protected communications

Nothing prevents conduct which Applicable Law provides cannot lawfully be prohibited, including lawful compliance with courts, police, competent regulators, legal advisers or legal proceedings.

11.30

No general publication exception

Clause 11.29 does not create a general right to Publish an Engineer's Recording.

12

Reviews, Ratings, Public Comments and Complaints-First Procedure

12.1

Honest reviews

We do not prohibit honest and lawful reviews.

12.2

Opinion

You may express genuinely held opinion concerning the Services.

12.3

Fact and opinion

Where reasonably possible, distinguish established fact, disputed fact, inference, allegation and opinion.

12.4

Serious allegations

Where You publicly allege fraud, dishonesty, criminal conduct, regulatory breach, dangerous Work or comparable wrongdoing, We may request sufficient particulars to investigate.

12.5

Unlawful material

Nothing authorises material which is independently unlawful.

12.6

Clause 11 prevails

A right to write a review does not create permission to Publish an Engineer's Recording contrary to Clause 11.

12.7

Technical allegations

You do not need professional qualifications to describe Your experience.

Where You present a technical or regulatory allegation as objective fact, You should take reasonable steps to ensure accuracy.

12.8

Right of response

We may provide a proportionate response to public reviews or allegations subject to privacy, confidentiality and data-protection obligations.

12.9

Complaints-first procedure

Where You are dissatisfied, You agree where reasonably practicable first to submit a Formal Complaint to:

info@urbansuburban.co

and provide Us with a reasonable opportunity to investigate before publicly presenting unresolved factual allegations concerning Us, the Services or an Engineer.

12.10

Purpose

The complaints-first procedure enables the parties to identify facts, preserve evidence, review the Work, obtain the Engineer's account, identify misunderstandings and attempt resolution.

12.11

Pending complaint

While a Formal Complaint remains under active investigation, You should not represent a genuinely disputed factual allegation as conclusively established.

If You make a public statement beforehand, You should accurately identify where material that the matter remains disputed or under investigation.

12.12

False statements

You must not knowingly or recklessly Publish materially false or misleading factual allegations concerning Us, an Engineer, Work, advice, Charges, qualifications, compliance or the Services.

12.13

Opportunity to resolve

Where reasonably practicable, allow Us a reasonable opportunity to inspect, consider evidence, obtain the Engineer's account, review records, explain the position and provide a complaint outcome.

12.14

Subsequent review

Completion of the Formal Complaints Procedure does not prevent an honest and lawful review.

12.15

Engineer Publication

A pending or concluded complaint does not authorise Publication of an Engineer's Recording contrary to Clause 11.

12.16

Protected communications

Nothing prevents legal advice, consumer advice, lawful police or regulatory reports, legal proceedings or exercise of non-excludable rights.

12.17

Formal Complaint contact

The designated Formal Complaint address is:

info@urbansuburban.co

13

Breach, Publication and Remedies

13.1

Separate consequences

Conduct may constitute both breach of Contract and an independent breach of Applicable Law.

13.2

Rights reserved

Where legally justified, We reserve the right to seek compliance, cessation, correction, deletion, takedown, injunctions, damages, compensation or another lawful remedy.

13.3

Platform action

We may make appropriate complaints or takedown requests to Platforms or intermediaries where a proper basis exists.

13.4

Evidence

We may preserve records reasonably required for contractual breaches, payment disputes, safety incidents, Formal Complaints, legal proceedings or legitimate regulatory purposes, subject to Applicable Law.

13.5

No arbitrary penalties

These Terms do not impose arbitrary financial penalties.

Any damages sought must depend upon an available legal basis and evidence.

13.6

Publication disputes

Where We consider public material to breach Clause 11 or otherwise infringe Our rights, We may seek cessation, correction, removal or other lawful action.

13.7

Genuine complaints

A genuine complaint or lawful report is not unlawful merely because it is critical of Us.

14

Protected Customer Rights

14.1

Maximum lawful protection

These Terms provide Us and Our Engineers with the maximum lawful contractual protection while preserving mandatory Consumer protections.

14.2

Consumer protection

Nothing excludes any Consumer right which Applicable Law provides cannot lawfully be excluded.

14.3

Other mandatory rights

Nothing excludes another mandatory right which Applicable Law makes non-excludable.

14.4

Waivable permissions

Subject to Clauses 14.2 and 14.3, every contractual permission, implied licence, implied consent or contractual freedom capable of lawful restriction is subject to these Terms.

14.5

Lawful interpretation

Where a provision has both a lawful and unlawful possible interpretation, it is intended to operate only to the lawful extent.

14.6

Remedies

Nothing prevents You from seeking legal advice, consumer advice, contacting Trading Standards or another competent authority, reporting suspected crime, pursuing legal proceedings or exercising another non-excludable right.

15

Third-Party Rights, Platforms and No Third-Party Benefit

15.1

Parties

The Contract is between You and Us.

15.2

Third-party enforcement

Except where We expressly agree otherwise in Writing, a person who is not a party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce these Terms.

15.3

No Platform benefit

No Platform, publisher, website operator, search engine, hosting provider, AI provider, content distributor, broadcaster or media organisation is intended to receive any contractual benefit.

15.4

No licence

Nothing grants such third parties any licence or permission from Us concerning an Engineer's image, voice, likeness, identity, Personal Data, confidential information or Our material.

15.5

No representation of consent

You must not represent that We consented to Publication, processing, licensing or exploitation where We did not.

15.6

Platform terms

A separate agreement between You and a Platform does not modify Your obligations to Us.

15.7

Independent rights

Nothing purports to extinguish an independent statutory right or obligation belonging to a third party which cannot lawfully be excluded.

16

Severability, Waiver and Entire Agreement

16.1

Severability

If a court or competent authority finds a provision invalid, unlawful or unenforceable, it shall be restricted or removed only to the minimum extent necessary.

16.2

Remaining provisions

The remainder continues in force.

16.3

Partial enforceability

An enforceable part of a provision is intended to continue where legally possible.

16.4

No waiver by delay

A failure or delay in enforcement does not automatically waive a contractual right.

16.5

Limited waiver

Any waiver is limited to the particular circumstances unless expressly stated otherwise in Writing.

16.6

Entire Contract

These Terms together with the applicable Quotation, Booking confirmation, written scope and expressly agreed variations form the Contract.

16.7

Mandatory representations

Nothing excludes fraud, fraudulent misrepresentation or another matter which Applicable Law prevents Us from excluding.

17

Governing Law and Jurisdiction

17.1

Governing law

The Contract is governed by the law of England and Wales.

17.2

Courts

Subject to mandatory Consumer jurisdiction rights, the courts of England and Wales shall have jurisdiction.

17.3

Mandatory jurisdiction

Nothing prevents a Consumer bringing proceedings elsewhere in the United Kingdom where mandatory Applicable Law gives that right.

18

Formal Notices and Complaint Contact

18.1

Formal Complaints

All Formal Complaints should be commenced by email to:

info@urbansuburban.co

18.2

Complaint correspondence

Further complaint correspondence and Complaint Evidence should be sent to:

info@urbansuburban.co

unless We provide another Written contact method.

18.3

Receipt

A Formal Complaint will ordinarily be treated as received when it reaches Our designated email system, subject to technical failures outside Our reasonable control.

18.4

Your contact details

You are responsible for providing accurate contact information and informing Us of material changes while a Formal Complaint remains active.

18.5

Notices from Us

We may provide contractual notices using the email address, telephone number, postal address or other contact information supplied by You.

IMPORTANT INTERPRETATIVE PRINCIPLE

These Terms are intended to protect URBAN SUBURBAN, Our Engineers, Our commercial interests, property, confidential information and personnel privacy to the fullest extent permitted by Applicable Law.

They must not be interpreted as:

  • (a) excluding Our obligation to exercise reasonable care and skill;
  • (b) excluding liability which cannot lawfully be excluded;
  • (c) preventing genuine complaints;
  • (d) preventing lawful regulatory or police reports;
  • (e) preventing access to a court or legal adviser; or
  • (f) requiring You to surrender a Statutory Right which Applicable Law provides cannot lawfully be surrendered.

Subject to those protections, by entering into the Contract You accept the contractual restrictions, obligations and conditions contained in these Terms.

These terms are governed by the laws of England and Wales. Nothing in these terms excludes any statutory rights that cannot lawfully be excluded. Formal complaints should be sent to info@urbansuburban.co.

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