TERMS & CONDITIONS

Application and entire agreement

These terms, including the documents referred to on it, lays out the terms and conditions on which we supply pest treatments (the Services) as listed on our website and/or the quotation sent to you. This includes one-off treatments or within an agreed contract of regular services.

Please read these terms and conditions carefully before requesting our Services.

You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Agreement to these terms and conditions must be made by you prior to requesting any Services from us.

You are THE CLIENT:

1. a) THE CLIENT means the CLIENT specified on either the Service Agreement and or Job Sheet. A CLIENT can be either residential or commercial. Throughout these terms and conditions “you”, “your” and “yours” shall refer to THE CLIENT and, where appropriate, your family, employees, agents and consultants.

2. b) By placing an order with us, you warrant that you are legally capable of entering into binding contracts, you are at least 18 years old and you are resident in the United Kingdom.

We are TWILIGHT PEST CONTROL:

Clifford Perrott trading as Twilight Pest Control is the provider of Services. Throughout these terms and conditions “we”, “us” and “our” or “Twilight Pest Control” shall refer to Twilight Pest Control, and, where appropriate, its employees, agents and consultants. Our main trading address is Croft House, Thurvaston Lane, Longford, Ashbourne, Derbyshire, DE6 3DU.  We are members of the professional associations National Pest Technicians Association (NPTA) and Basis PROMPT. Our service is only intended for use by people resident in the United Kingdom.

1.  Our Pest Control Service

1.1 Our pest control services are carried out in a professional manner at the visit or visits as specified in the quotation or service agreement. Our pest specialist will use and apply pesticides/rodenticides and monitoring devices, as they deem appropriate on each visit. Any infestation covered by the quotation or service agreement and discovered during a visit will be treated immediately, with your consent.

1.2 Our pest specialist will report to you or the site contact on each visit and provide a post visit report on the findings, treatments and recommendations made during the inspection.

1.3 Additional visits/treatments to control the pests specified on the quotation or service agreement may be carried out at an extra cost under certain circumstances, such as failure to comply with clause 3.6.

1.4 Residential services usually are case by case where commercial clients will require a service agreement, usually over a minimum 12 month period, to ensure suitable ongoing pest control services preventative work for the client’s place of business.

2.  Our Obligations

2.1 Our Service is to attend your site or property, inspect the relevant area and treat the active habitat of the relevant pests we have identified. We will aim to either eradicate the pests or control them, depending on the type of pest, location, environment and health & safety issues.

2.2 On arrival at your premises, we will make our presence known to you or the site contact, and will commence with your consent.

2.3 Critical safety data information advising of the materials used and any precautions that are required will be left with you and/or be sent digitally via email.  It is a requirement of the Health and Safety at Work etc. Act 1974 and the Control of Pesticides Regulations 1986 that the CLIENT undertakes to read this information, to comply with it, and to keep the information on their premises for ready reference in case of any accident or emergency.

3.  Your Obligations

3.1 You agree to undertake all pre-visit tasks and compliance herein and any additional information given in writing or sent via email to ensure the premises are suitable for our pest specialist to carry out the work agreed.

3.2 You hereby permit us to apply approved pesticides and or deploy equipment as we deem necessary, to deliver an effective treatment, subject to our compliance with all legal requirements.

3.3 You agree to provide us with free access to all parts of the premises for the purpose of inspection, treatment or surveillance and agree to ensure that all safety and treatment instructions are followed during and post treatment.

3.4 You must agree not to request or permit us to access any part of the site or premises which you know or suspect to be hazardous, or in which a potentially hazardous process is carried out, without first briefing us or our pest specialist on the nature of the hazard and the precautions to be observed.

3.5 You or your nominated representative must be available at the site during the agreed date and time slot, unless prior arrangements have been made in advance for us to carry out the Service in your absence. If no one is present when we call at the agreed time, there is no entitlement to a refund and you will still be liable for our contracted fee.

3.6 To minimise pest incidence by carrying out within a reasonable time any recommendations made by our pest specialist prior to or following a visit.

3.7 To make payment within the agreed timeframe and or as stipulated in the commercial payment terms as stated within the quotation or service agreement.

4.  Fees

4.1 The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis.

4.2 In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.

4.3 You must pay us for any additional services provided by us that are not specified in the quotation or service agreement, in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 4.2 also apply to these additional services.

4.4 The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

5.  Payment

5.1 Service prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a quotation for a one-off treatment.

5.2 Our prices may vary on a geographical basis and may be subject to change, but shall be agreed at the time of booking, subject to any adjustment in accordance with these terms due to circumstances that we were unaware of at the time of booking.

5.3 Payment for all Services may be made by BACS, debit/credit card when the booking is made via our email invoicing system or in cash or by debit/credit card when our pest specialist arrives on site before treatment commences, unless you are on agreed commercial payment terms. Unfortunately, we only accept payment by cheque if guaranteed.

5.4 We will invoice you for payment of the Fees either: a. on the date of the first treatment visit b. on the invoice dates set out in the quotation or service agreement.

5.5 You must pay the Fees due within 1 day of the date of our invoice or otherwise in accordance with any credit terms agreed between us.

5.6 Time for payment shall be of the essence of the Contract.

5.7 Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 4% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.

5.8 All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

5.9 If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.

5.10 Receipts for payment will be issued by us only at your request.

5.11 All payments must be made in British Pounds.

6.  Cancellation and Amendment

6.1 We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 30 days from the date of the quotation, (unless the quotation has been withdrawn).

6.2 Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.

6.3 If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.

6.4 If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.

7.  Sub-Contracting and Assignment

7.1 We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.

7.2 You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.

8.  Termination

8.1 We can terminate the provision of the Services immediately if you:

a. commit a material breach of your obligations under these Terms and Conditions; or

b. fail to make payment for any amount due under the Contract on the due date for payment; or

c. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or

d. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or

e. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.

9.  Intellectual Property

9.1 We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

10.  Liability and Indemnity

10.1 Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.

10.2 The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.

10.3 Twilight Pest Control does not accept any liability for loss, damage or injury to any domestic animals, livestock, birds, goods or equipment unless the loss, damage or injury was occasioned by negligence of us or our staff. Notice of such loss, damage or injury must be notified in writing to Twilight Pest Control within 7 (seven) days of occurrence.

10.4 We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:

a. any indirect, special or consequential loss, damage, costs, or expenses or;

b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or

c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or

d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or

e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.

10.5 You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.

 10.6 Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

11. Data Protection

11.1 When supplying the Services to the Client, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Client.

11.2 The parties agree that where such processing of personal data takes place, the Client shall be the 'data controller' and the Service Provider shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.

11.3 For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.

11.4 The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Client, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.

11.5 The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict 'need-to-know' basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.

11.6 The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Client.

11.7 Further information about the Service Provider's approach to data protection are specified in its Data Protection Policy, which can be requested by email. For any enquiries or complaints regarding data privacy, you can email: enquiries@twilightpestcontrol.co.uk

12.  Events Outside Our Control

12.1 Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.

13.  Severance

13.1 If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

13.2 This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.