Terms & Conditions

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Company Terms & Conditions

These terms
1. What these terms cover. These are the terms and conditions on which we supply services to you (“condition(s)”).
  
  PLEASE NOTE, THESE TERMS ARE DEEMED TO BE AUTOMATICALLY AMENDED BY ANY OTHER TERMS, CORRESPONDENCE CONTAINING TERMS OR OTHER COMMUNICATIONS WE SEND TO YOU CONTAINING TERMS (“COMMUNICATIONS”).
  
  DIFFERING SERVICES HAVE DIFFERING TERMS AND THE STANDARD TERMS AND CONDITIONS SET OUT HERE ARE DEEMED TO BE DULY AMENDED AND SUPERSEDED BY ANY SUCH AFOREMENTIONED COMMUNICAITONS AND CONFLICTING TERMS THEREIN.
  
  FOR THE AVOIDANCE OF DOUBT, ANY TERMS SET OUT HERE WITHIN THESE TERMS AND CONDITIONS WHICH ARE NOT OTHERWISE ADDRESSED IN SUCH AFOREMENTIONED COMMUNICATIONS, SHALL REMAIN FULLY APPLICABLE AND ENFORCEABLE – IT IS ONLY WHERE THERE IS A DISCREPANCY BETWEEN CONDITIONS WITHIN THESE TERMS AND CONDITIONS AND THOSE IN ANY SUBSEQUENT COMMUNICATIONS WHERE THE TERMS OF THE SUBSEQUENT COMMUNICATIONS TAKE PRECEDENCE OVER SUCH SPECIFIC DISCREPANCIES/DISCREPANCY ONLY – ALL REMAINING TERMS SHALL REMAIN UNAFFECTED AND WILL BE FULLY AND WHOLLY APPLICABLE AND ENFORCEABLE.
2. Why you should read them. Please read these terms carefully before you submit your order to us or request that we supply services to you (reference in these terms and conditions to “order” shall be interpreted to include any request from you for the supply of services by us – in whatever format). These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
3. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if: you are an individual, or you are buying services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
4. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
Information about us and how to contact us
1. Who we are. We are Property Solutions Group (South East) Ltd a company registered in England and Wales. Our company registration number is 09205505 and our registered office is at Town Wall House, Balkerne Hill, Colchester, Essex, CO3 3AD. Our contact address is The Fairways, Earls Colne Business Park, Earls Colne, CO6 2NS. Our registered VAT number is 09205505. You can contact us by telephoning our customer service team at 01787 221219, by writing to us at info@exec-solutions.uk.com or to the above address.
2. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order or when you requested services from us.
3. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
Our contract with you
1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the services. This might be because of (but not limited to) unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the services or because we are unable to meet a performance deadline you have specified.
3. We sell worldwide. Whilst our website is predominantly for the promotion of our services in the UK we do promote services outside of the UK on a worldwide basis. We therefore, do, in our sole discretion, accept orders from addresses outside the UK.
Our Services
1. Services may vary slightly from their descriptions. The descriptions of the services on our website are for illustrative purposes only. Although we have made every effort to display the services accurately, we cannot guarantee that they fully and accurately reflects the services. Your services may vary slightly from those descriptions but will not differ materially or affect the services to be provided.
Your rights to make changes
If you wish to make a change to the services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Our rights to make changes
1. Minor changes to the services. We may change the services: to reflect changes in relevant laws and regulatory requirements; and/or to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the services.
2. More significant changes to the services and these terms. In addition, as we informed you in the description of the services on our website, we may make material changes to these terms or the services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.
Providing the Services
1. When we will provide the services. During the order process we will let you know when we will provide the services to you. If the services are ongoing services, we will also tell you during the order process when and how you can end the contract.
  - If the services are one-off services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process but time shall not be of the essence in any respect.
  - If the services are ongoing services. We will supply the services to you until the services are completed or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
2. We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
3. If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.
4. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you. If so, this will have been stated in the description of the services on our website or at the time your order was confirmed by us. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5. Reasons we may suspend the supply of services to you. We may have to suspend the supply of a services to: deal with technical problems or make minor technical changes; update the services to reflect changes in relevant laws and regulatory requirements; and/or make changes to the services as requested by you or notified by us to you (see clause 6).
6. Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 3 months in any 6 month period we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract for a services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 6 months and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.
7. We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 13.4) and you still do not make payment within 30 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid invoice (see clause 13.6). We will not charge you for the services during the period for which they are suspended.
Your rights to end the contract
1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
  - If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back), see clause 12 if you are a consumer – businesses have no such rights under these conditions;
  - If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
  - If you are a consumer and have just changed your mind about the services, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
  - In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.6.
2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
  - we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 6.2);
  - we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
  - there is a risk that supply of the services may be significantly delayed because of events outside our control;
  - we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 6 months; or
  - you have a legal right to end the contract because of something we have done wrong.
3. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most services bought online (including via email) over the phone or otherwise at a distance you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. This right does not apply where the services are to be provided within 14 days of the date your order is accepted as requested by you.
4. When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of services, once these have been commenced, even if the cancellation period is still running or where these are to be provided within 14 days of your order being accepted by us as set out above.
5. How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is performed.
  - Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running or where the services are to be provided within 14 days of our acceptance of your order as per your request, you cannot change your mind. If you cancel after we have started the services or where the services are to be provided within 14 days of our accepting your order, you must pay us for the services provided up until the time you tell us that you have changed your mind or otherwise reimburse us for the time spent as compensation in preparation of the supply of the services.
6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
How to end the contract with us (including if you are a consumer who has changed their mind)
1. Tell us you want to end the contract. To end the contract with us, please let us know by contacting us by one of the methods set out in section 2 of these conditions. Please provide your name, home address, details of the order (details of what you bought, when you ordered or received) and, where available, your phone number and email address.
2. How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the services, by the method you used for payment. However, we may make deductions from the price, as described below.
3. When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind or for any sums incurred in preparing for the provision of the services in question. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
4. When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind
Our rights to end the contract
1. We may end the contract if you break it. We may end the contract for services at any time by writing to you if: you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due; you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services; or you do not, within a reasonable time, allow us access to your premises to supply the services.
2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
3. We may withdraw the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 2 week in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be provided.
If there is a problem with the Services
How to tell us about problems. If you have any questions or complaints about the services, please contact us using the information within sections 2 and 9 of these conditions.
Your rights in respect of defective Services if you are a consumer
1. If you are a consumer we are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
  
  Summary of your key legal rights
  This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
  
  For services, the Consumer Rights Act 2015 says:
  - You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
  - If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
  - If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
  - See also clause 8.2.
Price and payment
1. Where to find the price for the services. The price of the services (which does not include VAT, such VAT being charged in addition to the price of the services) will be the price indicated on the order pages when you placed your order or otherwise confirmed to you by us at the time we accepted your order. We take all reasonable care to ensure that the price of the services advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the services you order.
2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the services’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
4. When you must pay and how you must pay. We accept payment with all major credit and debit cards. For services, we will invoice you for the price of the services when we have completed them. Invoices are payable as per the due date on the invoice.
5. Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
6. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you if you are a consumer
1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services as summarised at clause 12.1; and for defective services under the Consumer Protection Act 1987.
3. When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
4. We are not liable for business losses. If you are a consumer we only supply the services for to you for domestic and private use. If you use the services for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 15.
5. We are not liable in any way to any third parties involved or otherwise engaged/consulted with in the provision of the services whatsoever.
Our responsibility for loss or damage suffered by you if you are a business
1. Nothing in these terms shall limit or exclude our liability for: death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); fraud or fraudulent misrepresentation; or any matter in respect of which it would be unlawful for us to exclude or restrict liability.
2. All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
3. Subject to clause 15.1: we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for services under each individual contract formed pursuant to these conditions.
How we may use your personal information
1. How we will use your personal information. We will only use your personal information as set out in our privacy policy.
Other important terms
1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you if this happens and we will ensure that the transfer will not affect your rights under the contract.
2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree and do not have to give a reason or be reasonable when considering whether or not to agree.
3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
6. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.
7. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

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