This page (together with the documents referred to on it) tells you the terms and conditions on which we will supply to you the services (Services) listed on our website www.myabsolute.co.uk (our site) via one of our subscription services (Subscriptions). Please read these terms and conditions carefully before subscribing to one of our Services. You should understand that by subscribing to one of our Subscriptions, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference..

1. YOUR STATUS

By placing an order through our site, you warrant that:

1.1 you are legally capable of entering into binding contracts; and

1.2 you are at least 18 years old;

1.3 the subject premises are within one of our Serviced Regions

2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

2.1 After completing signup, you will receive an e-mail from us acknowledging that we have received your first payment. Please note that this does not mean that your subscription has been accepted. Your subscription constitutes an offer to us to buy Services by subscribing to a Service. All orders are subject to acceptance by us, and we will confirm such acceptance following an initial site visit to the subject premises, which will be arranged shortly after your first payment. The contract between us (Contract) will only be formed when we send you a confirmation email.

2.2 The subscription plan to our Services consists of an initial charge and then followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has a recurring payment feature, and you accept responsibility for all recurring charges and the difference between any services provided and subscriptions paid in a rolling 12-month period to the point prior to cancellation. MyAbsolute may submit periodic charges (e.g., monthly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before MyAbsolute reasonably could act. To terminate your authorisation or change your payment method, log into your subscription portal (located at https://www.myabsolute.co.uk/subscriptions) and manage your automatic subscription.

2.3 By subscribing to our Services you are agreeing to pay recurring periodic subscriptions for an indefinite time until cancelled by you. You can cancel your subscription at any time, but in doing so, agree to settle the difference between any services provided and subscriptions paid in a rolling 12-month period to the point of cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.

2.4 Account Cancellations. If you wish to cancel your monthly subscription with us, you must cancel 7 days before your next payment is due to be collected, in order to avoid receiving the following months’ services. Customers cancelling after their payment has been taken will receive the following months service as their final. If your payment has been cancelled before the 7-day period, this may result in being invoiced for the following months’ services.

2.5 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.

2.6 Access to the client portal is limited to current subscribers only. Once you have cancelled your subscription your access will be removed from the portal, regardless of the date the cancellation of the subscription has been made.

2.7 MyAbsolute reserve the right to monitor and remove any persons/organisations acting outside of our standard contractor agreement within the client portal. This decision will be made at our absolute discretion and will not be entered into further discussion.

2.8 MyAbsolute invites active members to join the client portal as soon as the subscription has been started, via email link. It is the customers responsibility to activate their portal account. MyAbsolute will not be held responsible for any correspondence regarding this that is lost in transit. Membership of the client portal cannot be back dated.

3. CONSUMER RIGHTS

3.1 If you are contracting as a consumer, you may cancel a Contract at any time within fourteen days, beginning on the day after your initial subscription payment. In this case, you will receive a full refund of the price paid for the Services in accordance with our refunds policy (set out in clause 10 below).

3.2 To cancel a Contract, you must logon to your subscription portal and select to cancel your Subscription with MyAbsolute.

4. AVAILABILITY AND DELIVERY

4.1 Your Services will be scheduled within the first 30 days of your subscription or, unless there are exceptional circumstances. MyAbsolute will aim to notify you in reasonable time if there will be a delay in scheduling delivery of your Services.  MyAbsolute cannot accept responsibility for any delays in delivery of services that are out of our control.

4.2 Services are provided ONLY to the address provided during signup and pre-agreed at the initial site visit, unless written notification to change this subject property address is provided by you. MyAbsolute cannot accept responsibility for Services that cannot be delivered due to lack of clear vehicle/pedestrian access or circumstances out of our control.

5. RISK AND TITLE

5.1 The Services will be at your risk from the time of completion at site.

5.2 Ownership of any Products will only pass to you when we receive full payment of all sums due in respect of the Products, including subscription charges.

6. PRICE AND PAYMENT

6.1 The price of the Subscriptions and any uplift charges will be as quoted on our site, or pre-agreed in advance of delivery, from time to time, except in cases of obvious error.

6.2 Subscription prices include VAT.

6.3 Subscription prices and any uplift charges are liable to change at any time, but changes will not affect orders in respect of which we have already agreed within your initial 12-month minimum period.

6.4 Payment for all Services are processed via Stripe. We also accept all major debit and credit cards, Google Pay and Apple Pay via Stripe.

7. OUR REFUNDS POLICY

7.1 If you cancel a Subscription to us:

7.1.1 Because you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 3.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Subscription in full, and any applicable uplift charges. However, you may be responsible for the cost of any services already delivered at site (see clause 3.2).

7.1.2 For any other reason (for instance, because you have notified us in accordance with clause 21 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Service is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Service in full and any applicable uplift charges minus the value of any services provided during the fixed term or rolling 12-month period to the point of cancellation (as applicable).

7.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

8. WARRANTY

We warrant to you that any Service purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

9. OUR LIABILITY

9.1 Subject to clause 9.2, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Subscription.

9.2 Nothing in this agreement excludes or limits our liability for:

9.2.1 Death or personal injury caused by our negligence;

9.2.2 Fraud or fraudulent misrepresentation;

9.2.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;

9.2.4 Defective products under the Consumer Protection Act 1987; or

9.2.5 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

10. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

11. NOTICES

All notices given by you to us must be given to MyAbsolute at contact@myabsolute.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when signing up to a Subscription, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

12. TRANSFER OF RIGHTS AND OBLIGATIONS

12.1 The contract between you and us is binding on you and us and on our respective successors and assignees.

12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

13. INTELLECTUAL PROPERTY RIGHTS

13.1 We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.

13.2 You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.

13.3 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly held opinions. By subscribing to the Services, you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.

14. EVENTS OUTSIDE OUR CONTROL

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

14.2.1 Strikes, lockouts or other industrial action;

14.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

14.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

14.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

14.2.5 Impossibility of the use of public or private telecommunications networks; and

14.2.6 The acts, decrees, legislation, regulations or restrictions of any government.

14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

15. WAIVER

15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

15.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

15.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.

16. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17. ENTIRE AGREEMENT

17.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

17.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

17.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

17.4 Nothing in this clause limits or excludes any liability for fraud.

18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

18.2 You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the ‘Job Scheduled’ Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Services).

19. LAW AND JURISDICTION

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales

19. SERVICE LIMITATIONS AND QUOTED COVERAGE

19.1 Subscription prices quoted are subject to a set of general assumptions on the type or scale of the service to be delivered, any additional requirements in types or scale of services required will be pre-agreed at the initial site visit and payable as ‘uplift’ charges in addition to the quoted subscription price.  These additional services together with the corresponding uplift costs will then form the basis of your subscription service for the remainder of the initial 12-month period or until you cancel beyond this period.

19.2 Specific assumptions, costed within the quoted Subscription prices include;

19.2.1 Annual EICR Safety test and certificate includes ONE single-phase distribution board (DB) per premise.  Additional single-phase DBs and any 3-Phase DBs will require a pre-agreed uplift to cover the additional costs incurred in delivering this service.

19.2.2 Annual gas safety certificate and annual gas boiler service is subject to applicability and explicitly excludes any replacement parts / labour required to rectify any faults and bring the system(s) back into operation and certifiable compliance.

19.2.3 Monthly smoke alarm / detector testing is subject to access provisions at a regular time / frequency mutually agreeable between you, the subject property representative on site and MyAbsolute scheduling team.

19.2.4 Annual flat surface high-pressure cleaning is subject to a maximum accessible floor area of 100 sqm, suitable access and water provisions at the subject property site, any additional requirements will require a pre-agreed uplift to cover the additional costs incurred in delivering this service.

19.2.5 Monthly grass mowing is subject to a maximum accessible grassed area of 100 sqm, suitable access and suitable incoming condition at the subject property site, any additional requirements will require a pre-agreed uplift to cover the additional costs incurred in delivering this service.

19.2.6 6-monthly gutter / downpipe cleaning is subject to suitable access provisions via 14m ladder and access to water supply at site, any additional access/scaffold requirements will require a pre-agreed uplift to cover the additional costs incurred in delivering this service.

19.2.7 Discount on labour rates will be applied at each reactive maintenance invoice issued.  Standard attendance charges, additional labour (at the discounted rate) and material costs payable are explicitly excluded from this additional discount and will be payable on each reactive visit to the subject property in addition to the standard Subscription fees.

19.2.8 24hr helpdesk is available to all clients, enhanced attendance and labour rates are payable for ‘Out Of Hours’ (OOH) jobs (those deemed to commence or continue beyond our standard operating hours of 0800-1600 Monday to Friday).  All OOH jobs subject to uplifted rates will be subject to pre-approval via our recorded 24hr telephone system.