This Agreement was last revised on September 07th, 2020.
Contents
TERMS AND CONDITIONS
I. INTRODUCTION
II. DEFINITIONS
III. INTERPRETATION
IV. INTRODUCTION AND SCOPE
V. SERVICES
VI. MODIFICATIONS TO THE SERVICE
IX. USER SUBMISSION
X. GENERAL CONDITIONS
XI. GEOGRAPHIC RESTRICTION
XII. USER RESPONSIBILITIES
XIII. EXCLUSION OF LIABILITY
XIV. NO RESPONSIBILITY
XV. SPAM POLICY
XVI. THIRD-PARTY LINKS
XVII. PERSONAL INFORMATION AND PRIVACY POLICY
XVIII. ERRORS, INACCURACIES, AND OMISSIONS
XIX. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
XX. COPYRIGHT AND TRADEMARK
XXI. INDEMNIFICATION
XXII. MISCELLANEOUS
www.da-vinci-builders-ltd.co.uk (“website”) owned and managed by Da Vinci Builders (“we,” “us,” or “our”) welcomes you.
We offer you access to our services through our “website” and (defined below) subject to the following Terms of this agreement, which may be updated by us from time to time with or without notice to you. By accessing and using this Website, you acknowledge that you have read, understood, and agree to be lawfully bound by these Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these Terms, then please do not use the Website.
· “Agreement” denotes to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website;
· “Service” or “Services” is a reference to any service defined below, which we may supply and which you may request via our Website;
· “User”, “You”, “Your” and “Yourself” denotes to the person who is accessing the website for availing the Services provided by us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website;
· “Customer” refers to the user who accesses the website and requests for the Quote for availing the Services offered by us;
· “We”, “us”, “our” are references to Da Vinci Builders;
· “Website” shall mean and include "www.da-vinci-builders-ltd.co.uk, and any successor Website of the Company or any of its affiliates;
· Words used herein regardless of the number and gender specifically used shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires.
· Reference to any statute, ordinance, or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
· All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.
· Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service.
· Eligibility: Certain Service of the Website is not available to minors under the age of 13 or to any users suspended or removed from the system by us for any reason.
· Electronic Communication: When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.
No matter whether it is interiors, renovation, or new construction, we aim to provide you reliable solutions thus help you in realizing your dream of beautiful homes and offices.
Our services not only play a pivotal role in enhancing the beauty of any building but also enhance the overall strength of your building to give you a stress-free and comfortable environment. To ensure the quality of construction, we use materials from trusted companies that have a good track record. Our team members are dedicated to their roles and work hard to get the job done.
VI. MODIFICATIONS TO THE SERVICE
We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by posting a revised version of the Terms incorporating the changes to the Website. You are requested to regularly visit the Website to view the most current version of the Terms of Use. Your continued use of the Website after changes to the Terms of Use will constitute your acceptance of those changes. If you do not agree to the modified Terms of Use, Your only recourse would be to cease using the Website immediately.
VII. Quote/Invoice
You can get a quote/invoice for the Services performed by us by either directly sending us an email at [email protected] or contact us on our phone: +44 118 376 7280, as mentioned on the Website.
VIII. PAYMENT POLICY
· All the payments on this website shall be governed by our terms and conditions.
· Payment mode shall be:
· Online: Credit Cards and Debit cards;
· Bank Transfer
· The Payment will be due upon receipt of the invoice unless agreed otherwise in writing.
· For jobs estimated at under £500+VAT full payment will be required in advance by bank transfer. The full amount must be received by us at least 2 working days before the date of the service is booked in for. The appointment will not be secured until the payment is made.
· For jobs between £500+VAT and 4,999+VAT, a deposit of 40% is required before or on the starting date at the latest. The balance is due on the date of completion.
· For projects estimated between £5,000+VAT and £9,999+VAT, 30% deposit is required before or on the starting date at the latest. The balance is payable on up to two instalments each of 30%. The last instalment of 10% is due on the date of completion.
· For projects exceeding £10,000+VAT, 20% deposit is required before or on the starting date at the latest. The balance is payable on weekly or fortnightly instalments. The last 5% of the total amount is due on the date of completion.
· The above payment terms are applicable to any services/supplies undertaken by the company unless agreed otherwise in writing.
· As soon as an estimate is accepted by the client and all job details and arrangements are agreed, an invoice will be sent accordingly.
· Failure to pay a deposit prior to commencing the work will result in the job being rescheduled. Failure to make a payment as per the payment term will result in the job being canceled immediately without further notice and the works will be rescheduled.
· In case of a delay to the project caused by the client, the payment term is not subject to change.
· The Customer shall pay all amounts due under the agreement in full without any deduction or withholding except as required by law and the customer shall not be entitled to assert any credit, set off or counterclaim against the Company in order to justify withholding payment of any such amount in whole or in part.
· Where the balance is not cleared by the Customer within 7 days of the balance due date, £20 for any cleaning/gardening services and £50 for any builders/handyman/plumbing/electrician/landscaping services administration charge plus interest based on a formula of the ‘reference rate’ of the Bank of England plus 8% will apply. The interest calculated is simple, not compound, according to the following: Debt x interest rate x (the number of days late/365) = interest will apply. If the ‘reference rate’ of the Bank of England is 4%, then the total interest is 12% (reference rate plus 8%). To calculate the interest on the late payment.
· £1,000 х 12% = £120 (thе іntеrеѕt to be раіd іn а уеаr)
· £120/ 365 = £32.9 (the dаіlу іntеrеѕt).
· The Company will endeavor to complete the work in the estimated time, but any additional chargeable hours will be included in the final price.
· The Company shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the works until payment has been made in full.
· Where the Customer is represented by a third party (such as a managing agent, contractor or other representatives), in the event of non-payment by the Customer, the third party will be responsible for payment as shown on the invoice unless the Company has agreed otherwise in writing.
· We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.
· We take customer feedback very seriously and use it to constantly improve our products and quality of service.
A. Content Responsibility.
When you use this website, you agree to adhere to the content guidelines listed in our terms of services and privacy policies. You are solely responsible for the content submitted by you.
Please do not use content that:
Any such kind of submitted content may be refused. If repeated violations occur, we reserve the right to cancel user access to our services without advanced notice.
· We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
· We make material changes to these Terms and Conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
· The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-resalable use, subject to all the terms and conditions of this Agreement as they apply to the Service.
· In the event of any failure of the website to conform to any applicable warranty, including those implied by law, you may notify us of such failure; upon notification, our sole warranty obligation to you will be to refund to you the purchase price, if any, of the Website.
· You acknowledge and agree that we are not responsible for addressing any claims you or any third party may have about the website;
We reserve the right, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Product or Service at any time. Any offer to provide any Service made on this Website is invalid where banned.
XII. USER RESPONSIBILITIES
· You shall use the Website for a lawful purpose and comply with all the applicable laws while using the Website;
· You shall not use or access the Website for collecting any market research for some competing business;
· You shall not misrepresent or personate any person or entity for any false or illegal purpose;
· You will not use any device, scraper, or any automated thing to access the Website for any means without taking permission.
· You will inform us about anything that is inappropriate or you can inform us if you find something illegal;
· You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;
· You will let us know about the unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.
You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.da-vinci-builders-ltd.co.uk Website including loss of data or information or any kind of financial or physical loss or damage.
In no event shall Da Vinci Builders Ltd., nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage.
We are not responsible to you for:
● any reliance that you may place on any material or commentary posted on our website. Please note that nothing contained in our website or the material published on it is intended to amount to advice on which you should rely; or
● any losses you suffer because the information you put into our website is inaccurate or incomplete; or
● any losses you suffer because you cannot use our website at any time; or
● any errors in or omissions from our website; or
● any losses you may suffer by relying on any commentary, postings, or reviews (of our services or that of our partners) on our website; or
● any unauthorized access or loss of personal information that is beyond our control.
You are strictly prohibited from using the Website or any of our's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
XVI. THIRD-PARTY LINKS
The Website may comprise links to external or third-party Websites (“External Sites”). These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate the site administrator for those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take safety measures when you are downloading files from all these Websites to safeguards your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk.
XVII. PERSONAL INFORMATION AND PRIVACY POLICY
By accessing or using this Website, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.
XVIII. ERRORS, INACCURACIES, AND OMISSIONS
Every effort has been taken to ensure that the information offered on this Website is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
XIX. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES.
THE WEBSITE MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE. THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE ON THE WEBSITES DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.
The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other the material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be possessed by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement. No other use is allowed without prior written consent from us. You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.
If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.
Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for every instance.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.
Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.
GOVERNING LAW AND JUDICIAL RECOURSE
The terms herein will be governed by and construed under the laws of England and Wales without giving effect to any principles of conflicts of law. The Courts of England and Wales shall have exclusive jurisdiction over any dispute arising from the use of the Website.
We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.
The Company shall have the right to assign/transfer this agreement to any third party including its holding company, subsidiaries, affiliates, associates, and group companies, without any consent of the User.
If you have any questions about these Terms, please contact us at [email protected]