General Terms and Conditions
Terms and Conditions MAY 2021
Kreative Tech Ltd–General Terms and Conditions of Business
1. In addition to Ss 13, 14 and 15 of Part 11 of the Supply of Goods and Services Act 1982 the under mentioned Terms and Conditions shall constitute the Terms and Conditions for the supply of Security Services by Kreative Tech to any person, persons, firm or company (the Client) who shall instruct it to undertake such work, either verbally or in writing and, save as provided herein, no other terms or conditions amendments or variations whether written oral or otherwise shall apply whether expressly given or implied. These Terms and Conditions are as follows
2. Definitions In these Terms and Conditions the following expressions shall have the following meanings:
2.1 ‘Business Hours ’and ‘Working Days’ shall mean the usual business hours operated by Kreative Tech that is to say a continuous twenty-four hour working pattern Monday to Sunday inclusive or such shift hour pattern as Kreative Tech may prescribe in writing from time to time.
2.2 ‘Client’ shall mean any person, persons, firm or company requiring/purchasing the services supplied by Kreative Tech.
2.3 ‘the Contract’ shall mean the work and/or services requested by the client and to be performed, carried out or undertaken by Kreative Tech and which are essential or conducive to the contract, irrespective of whether or not such additional and/or ancillary work or services were envisaged at the commencement of the contract.
2.4 ‘the Charge’ shall mean the costs charges and expenses for work undertaken and services supplied by the employees or sub-contractors engaged by Kreative Tech which, for the avoidance of doubt shall include any disbursements arising or incurred by Kreative Tech for or on behalf of the client in carrying out the work or services required by the client during the subsistence of the Contract or which were necessarily incurred to complete the Contract.
2.5 ‘Invoice’ shall be deemed to include all invoices produced and submitted by Kreative Tech whether produced as an interim, periodical or final invoice or otherwise more than one invoice.
2.6 ‘Negative Clearance’ shall mean any cheque offered to Kreative Tech by a client which does not clear for payment or where such cheque has been dishonoured or which is subject to re-presentation or any indication Kreative Tech may give to its client by telephone or other form of communication that payment is unsatisfactory
3. Contractual Obligations
3.1 Contracts are made only upon and subject to these Terms and Conditions.
3.2 It is conditional upon the client to supply Kreative Tech with all relevant, accurate, and comprehensive details and information concerning the proposed enquiry/ Contract/transaction such as to enable Kreative Tech to undertake a proper evaluation of any action or work necessary in respect of the Contract/ enquiry/transaction and to offer best advice, recommendations, proposals and assistance to the Client in the carrying out of the Contract.
3.3 Kreative Tech reserves the right to request the client’s confirmation in writing that all such information given is accurate and correct in all respects. The responsibility for the prevention and detection of irregularities and fraud rests with the client.
3.4 No charge estimate quotation or tender given or made either orally or in writing by Kreative Tech shall be taken to be a fixed quotation fee. Upon request, Kreative Tech will issue a written estimate of the contract charge but this shall not be taken to be a fixed quotation under any circumstances.
3.5 Any typographical clerical or other error or omission in any publicity literature, quotation, invoice or other documentation or information issued by Kreative Tech shall be subject to correction without any liability on the part of Kreative Tech
3.6 Unless expressly stated otherwise, in any communication issued by Kreative Tech all estimates are valid for a period of one month only from the date of estimate. Kreative Tech may in its absolute discretion accept or reject any contract to provide services placed by the client without being required to give reason therefore
3.7 Kreative Tech reserves the right to review its charges and/or contract price during the subsistence of the Contract if the Contract involves additional or further work than originally envisaged, or if the client introduces other matters into the Contract which did not form part of the original Contract.
Kreative Tech reserves the right to require the client to pay a deposit or retainer on account of the Contract up to an amount of fifty per cent of the estimated contract/ transaction charge or cost, such payment General Terms and Conditions of Business to be paid to Kreative Tech in cash or in cleared funds at least seven days prior to the estimated or actual commencement date of the Contract.
5. Cancellations, Termination, Suspension or Postponement of Contract by the Client
5.1 In the event of the client terminating or cancelling the contract the client shall remain liable for the discharge in full of all charges costs expenses and disbursements incurred by Kreative Tech in respect of the contract up to and including the date of termination or cancellation by the client and the client shall incur a termination fee of fifty per cent of the fee quoted by Kreative Tech (excluding disbursements) by way of damages for breach of contract.
5.2 In the event that the client postpones or suspends the completion of the contract, the client will be held liable to discharge in full all costs, expenses and disbursements incurred by Kreative Tech up to and including the date of suspension or postponement of the Contract and shall incur a Suspension fee of £100.00 to be paid within 3 working days of notification of the Postponement or Suspension by the client.
5.3 In all other respects, Contracts may only be cancelled, terminated, postponed or suspended upon 30 days notice in writing and receipt of Kreative Tech written acceptance of such cancellation, termination, postponement or suspension.
6. Termination of Contract by Kreative Tech
Notwithstanding the provisions of Clause 10 hereof Kreative Tech reserves the right to terminate its Contract with the client if:
6.1 the client fails to make any payment due under the Contract within seven days of the obligation arising or if the client continues for two weeks to be in breach of any of its obligations under the Contract after Kreative Tech has given written notice of the breach complained of to the client; or
6.2 the client fails to produce or provide any relevant information necessary to complete the Contract within a reasonable period of time of a request to do so or if Kreative Tech has reason to believe, or it becomes apparent that the client is (without cause or good reason) obstructive or displays acts of non-co-operation in the completion or fulfilment of the Contract.
6.3 Notwithstanding the termination of the Contract, all rights and liabilities of the client for monetary compensation or for any sum due at the date of termination shall continue to be a debt owed by the client to Kreative Tech and enforceable by Kreative Tech at the cost of the client.
7. Terms of Payment
7.1 The client shall pay to Kreative Tech the charges (including disbursements and Value Added Tax) invoiced by Kreative Tech as shown on any invoice or invoices delivered to the client, such payment to be made within ten days of the date of such invoice.
7.2 Kreative Tech shall be entitled to charge and recover interest from the client in respect of any invoice which remains outstanding for 14 days after the date of invoice in respect of unpaid fees, charges, costs and disbursements in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 at the rate of 8% over the base rate of HSBC Bank plc
7.3 Where it is a term of the contract that payment of Kreative Tech invoice is dependent upon the issue of a certificate from a third party, the due date for payment of Kreative Tech invoice shall be not later than three days after the issue of the relevant certificate.
7.4 Kreative Tech will not, unless otherwise expressly agreed in writing, accept part payment, payment by instalments or payment on account of any invoice delivered to a Client.
7.5 Any dispute by the client for any invoice or invoices regarding hours charged by Kreative Tech or any inconsistency perceived must be made in writing to Kreative Tech within 14 days of the date of invoice. Failure to adhere to this will terminate any dispute claim.
8. Late Payment In addition to Clause 7.1 hereof, when an invoice is overdue for payment Kreative Tech may suspend its performance of the contract to which the invoice relates and/or suspend any other contract then subsisting between the client and Kreative Tech
9. Retention of Title
9.1 Notwithstanding the completion of the contract or any other provision of these Terms and Conditions the property or title in the documents, papers or other material produced by Kreative Tech for, or on behalf of the client, shall remain the property of Kreative Tech until the client has paid to Kreative Tech and Kreative Tech has received the cash or cleared funds representing payment in full of its invoice and all other fees for contract and/or services agreed to be provided by Kreative Tech for which payment is then due.
9.2 Kreative Tech shall be under no obligation to release any papers, documents or other material until payment in full has been received by Kreative Tech and cleared on presentation.
9.3 In the event of there being negative clearance of a cheque presented by the client, the provisions of this clause shall remain in full force and effect and until such time as the property or title in the documents papers or other material is released to the client Kreative Tech shall continue to hold such documents papers and material as the client’s fiduciary agent and bailee.
9.4 Until full payment has been received by Kreative Tech the client shall have no claim or entitlement to any documents papers or other material held by Kreative Tech. The client shall not be entitled to require Kreative Tech to deliver up any such papers documents or other material to any agent or third party acting for, or on behalf, or in the name of the client.
9.5 The client shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the papers documents or other material which remain the property of Kreative Tech but if the client does so, all monies owing by the client to Kreative Tech shall (without prejudice to any other right or remedy of Kreative Tech) forthwith become due and payable.
10. Insolvency and Bankruptcy
Kreative Tech shall have the right to terminate the contract forthwith where the client becomes insolvent or bankrupt or makes an arrangement with its creditors or suffers a Receiver to be appointed or, being a body corporate, enters into liquidation (other than in connection with a reconstruction or amalgamation) in any of which cases Kreative Tech shall have no further obligation here under and Kreative Tech charges and fees for services undertaken and work done, including disbursements accrued, shall immediately become due and payable.
11. Recovery proceedings
Kreative Tech reserves the right to instigate legal or other recovery proceedings for all and any fees due and payable by or from the client if payment of such fees (including disbursements and Value Added Tax) has not been discharged in full by the client within thirty days after the due date of payment.
11.1 Recovery proceedings will incur to the client in addition to the amount due: (a) Administration charges; (b) a charge for interest in accordance with clause 7.1; and (c) together with any other costs/expenses howsoever incurred by Kreative Tech or its Agents in the recovery of the debt.
12. Force Majeure
Kreative Tech shall not be liable to the client, or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform any of its obligations in relation to the provision of services or work if the delay or failure was due to any cause beyond the reasonable control of Kreative Tech. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Kreative Tech control: a) Act of God, explosion, flood, tempest, fire or accident; War or threat of war, sabotage, insurrection, civil disturbance or requisition; b) Acts, restrictions, regulations, bylaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; c) Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Kreative Tech the client or a third party); and Power failure or breakdown in electrical or electronic equipment. Delays in receiving equipment from suppliers, hazardous weather and or unsafe working conditions.
13. General Provisions
Any Notice given shall be given in writing and sent either by hand, first class post or facsimile transmission. Notice shall be sent in the case of a client, to the address to which Kreative Tech had last previously directed its communication, or to the private address of the individual, proprietor, partner, director of the client and, in the case of a corporate client, to its Registered Office or trading address. Notices sent by post shall be deemed (unless the contrary can be proved) to have been delivered on the first working day after posting. Letters sent by facsimile transmission shall be deemed to have been received on the day of transmission.
14) LIMITED WARRANTY–
ALL MATERIALS, EQUIPMENT AND LABOUR USED ARE COVERED BY A 30 DAY WARRANTY FOLLOWING INSTALLATION, AFTER WHICH TIME SYSTEMS WILL BE DEEMED INSTALLED AND FIT FOR PURPOSE. MATERIALS AND EQUIPMENT ARE ON A 12MONTH ‘RETURN TO BASE WARRANTY’ UNLESS OTHERWISE STATED ON A PRODUCT BY PRODUCT BASIS. AFTER 30 DAYS AT THE COMPANIES DISCRETION A CALLOUT FEE WILL BE APPLIED, DEPENDING ON ANY MAINTENANCE AGREEMENT IN PLACE. ALL MATERIALS AND EQUIPMENT WILL BE REPAIRED OR REPLACED AT THE COMPANY'S OPTION WITH A NEW OR FUNCTIONAL OPERATIVE PART. LABOUR AND MATERIAL REQUIRED TO REPAIR OR REPLACE SUCH DEFECTIVE COMPONENTS OR TO MAKE MECHANICAL ADJUSTMENTS TO THE SYSTEM WILL BE FREE OF CHARGE FOR A PERIOD OF THIRTY (30) DAYS FOLLOWING THE COMPLETION OF THE ORIGINAL INSTALLATION. THE CUSTOMER'S REMEDIES HERE UNDER AND UNDER ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS, ARE EXPRESSLY LIMITED TO REPAIR OR REPLACEMENT AS STATED ABOVE. COMPANY SHALL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES, HOWEVER OCCASIONED. THE WARRANTY PRINTED ABOVE DOES NOT APPLY TO THE CONDITIONS LISTED BELOW AND IN THE EVENT CUSTOMER CALLS COMPANY FOR SERVICE UNDER THE WARRANTY AND UP ON INSPECTION BY THE COMPANY REPRESENTATIVE IT IS FOUND THAT ONE OF THESE CONDITIONS HAS LED TO THE IN OPERABILITY OR APPARENT IN OPERABILITY OF THE SYSTEM, A CHARGE WILL BE MADE FOR THE SERVICE CALL OF THE COMPANY REPRESENTATIVE WHETHER OR NOT HE ACTUALLY WORKS ON THE SYSTEM. SHOULD IT ACTUALLY BE NECESSARY TO MAKE REPAIRS TO THE SYSTEM DUE TO ONE OF THE "CONDITIONS NOT COVERED BY WARRANTY", CHARGE WILL BE MADE FOR SUCH WORK AT COMPANY'S THEN APPLICABLE RATES FOR LABOUR AND MATERIAL.
16, Conditions Not Covered by Warranty:
A. Damage resulting from accidents, acts of God, alteration, misuse, tampering and abuse.
B. Failure of Customer to properly follow operating instructions provided by Company at time of installation.
C. Trouble in leased telephone line or interruption to commercial power.
D. Any fines, fees or other costs due to false alarms.
E. Batteries, lamps, bulbs and other consumable items.
F. Any other engineer, company or individual making changes to system and or additions to system not authorised by Kreative Tech - this will VOID all warranty's above. the company reserves the right deny a claim under warranty under such condition.
16. Governing Law
These terms and conditions shall be governed and construed in accordance with English Law and all disputes arising in connection therewith shall be submitted to the jurisdiction of the English Courts.