1. Application of These Terms

These Terms and Conditions apply to all maintenance, building, refurbishment and alteration works carried out by Smart Maintenance+ (“we”, “us” or “our”) for the person or organisation purchasing the services (the “Client” or “you”).

The services may be carried out by our employees or by suitably qualified independent subcontractors authorised by us. We remain responsible for managing the services covered by our agreement with the Client.

2. Acceptance of These Terms

By signing or otherwise accepting our job estimate, paying a deposit, or booking our services in writing or electronically, including by email or text message, the Client confirms that they have read and accepted these Terms and Conditions.

These Terms apply together with the accepted estimate, agreed scope of works and any written variations. Nothing in these Terms affects rights that cannot lawfully be excluded, including the statutory rights of a consumer.

3. Our Services

We provide property refurbishment, property maintenance, kitchen and bathroom works, office refurbishment, commercial maintenance and related building and property improvement services.

The particular services, materials and project requirements will be described in the relevant estimate or other written project documents.

4. Estimates

An estimate is an indicative assessment of the likely cost of the works, based on the information available at the time it is prepared. It is not a fixed-price commitment or guarantee of the final cost.

Our estimates are valid for 60 days from the date they are issued unless a different validity period is stated in writing. We may vary or withdraw an estimate at any time before a deposit has been paid.

The estimated price and anticipated programme may change if the Client changes the scope, specification or materials; if access or site conditions differ from the information supplied; if hidden defects, hazardous materials or additional works are discovered; or if third-party costs change. We will discuss material changes with the Client where possible and amend the estimate and/or invoice accordingly.

5. Deposits and Staged Payments

Unless otherwise agreed in writing, the payment structure is:
a 40% deposit for labour before the work starts;
a 100% deposit for all materials before the work starts;
a further 40% labour payment midway through the work;
and the remaining balance on completion.

6. Invoices and Payment

We will normally issue the final invoice within one day after the work is completed. The total amount due must be paid by the invoice due date by bank transfer. We do not accept cheques.

If the total amount due is not paid by the invoice due date, an administration charge of £30 per day may be applied unless otherwise agreed with Smart Maintenance+ in writing or electronically. Any such charge will apply only to the extent that it is lawful and enforceable.

The Client agrees to pay the reasonable costs and expenses we incur in recovering overdue sums where the Client has failed to make payment in accordance with these Terms, subject to applicable law.

7. Parking and Congestion Charges

Any parking charges, congestion charges or similar location-specific charges reasonably incurred in providing the services will be added to the Client’s invoice and will be payable by the Client, unless expressly included in the estimate.

8. Working Hours

Our normal business hours are 8:00am to 5:00pm, Monday to Friday. We may agree in advance to work outside these hours. Work outside normal business hours may result in additional fees, which will be discussed with the Client where practicable.

9. Scope Changes and Additional Costs

We will endeavour to complete the work within the anticipated timeframe and estimated cost. Unforeseen circumstances, changes requested by the Client, hidden defects or additional works may result in extra costs and an extended programme.

We will discuss material additional costs with the Client where possible and update the estimate and/or invoice accordingly. Except where urgent work is reasonably required to protect people or property, chargeable additional work will not be undertaken without the Client’s approval.

10. Client Responsibilities and Permissions

The Client must provide accurate information, reasonable and safe access to the property, and timely decisions required for the work.

It is the Client’s responsibility to obtain all permissions and approvals required for the work, including permission from a landlord or freeholder, local authority consent, planning permission, building control approval and any other required licence or agreement, unless we have expressly agreed in writing to arrange a specific approval.

The Client must inform us before work begins of known hazards, asbestos, structural issues, concealed services, occupancy restrictions and any relevant site rules.

11. Materials, Access and Site Conditions

Materials will be supplied as described in the estimate, subject to availability. If a specified material becomes unavailable, we may propose a reasonably equivalent alternative for the Client’s approval.

Our estimate is based on visible site conditions and the information provided to us. If opening up or removing existing finishes reveals defects, unsafe installations, water damage, rot, asbestos or other previously concealed conditions, any necessary investigation or remedial work may be treated as additional work.

12. Programme and Circumstances Beyond Our Control

We will use reasonable efforts to complete the work within the anticipated timeframe. Unless expressly agreed otherwise in writing, any completion date is an estimate.

We will not be responsible for failing to meet an obligation or for delay caused by circumstances beyond our reasonable control, including severe weather, supplier delays, utility failure, labour or transport disruption, hidden defects, delayed permissions, Client changes or the acts or omissions of third parties.

13. Care of Property and Liability

We will carry out the services with reasonable care and skill. We will not be liable for loss or damage to the Client’s property, including cleaning costs, unless the loss or damage was caused by our negligence or breach of contract.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or a consumer’s statutory rights.

14. One-Year Guarantee

We guarantee our parts and labour for one year from the date the work is completed and will make good faults for which we are responsible without charge during that period.

The guarantee does not apply where a fault is caused wholly or partly by weather conditions, misuse, neglect, failure to maintain goods or materials in accordance with technical requirements, fair wear and tear, movement or defects in an existing structure, or work carried out or altered by another person.

Manufacturer warranties remain subject to the relevant manufacturer’s own terms and conditions.

15. Cancellation, Deposits and Failure to Provide Access

The Client may cancel the agreement before the deposit is paid. Subject to any statutory cancellation rights, cancellation after the deposit has been paid in full may result in the loss of the deposit to cover committed labour, administration, reserved time and materials ordered.

If the Client does not provide access to the property at the agreed time, this may also result in the loss of the deposit and/or additional charges reasonably incurred.

If the Client is a consumer and has a statutory right to cancel, that right will take priority over this clause. Where the Client asks us to begin work during a statutory cancellation period, the Client may be required to pay for services properly supplied before cancellation and for non-returnable or bespoke materials, as permitted by law.

16. Payment in Advance

In some circumstances, we may require full payment before commencing work in order to secure the booking and ensure payment for our services. Any requirement for full payment in advance will be communicated to the Client before the booking is confirmed.

17. Completion and Defects

On completion, the Client should inspect the work and notify us promptly in writing of any apparent defect or incomplete item. We must be given a reasonable opportunity to inspect and, where we are responsible, remedy the matter.

Minor snagging items that do not prevent reasonable use of the property will not normally justify withholding the entire final payment. Any amount withheld should be reasonable and proportionate to the matter in dispute.

18. Photography of Completed Works

Unless otherwise agreed in writing, Smart Maintenance+ may photograph completed works for portfolio, marketing and promotional purposes, including use on our website, social media channels, presentations and other marketing materials.

We will protect Client privacy and will not publish the Client’s name, full address, personal information, security details or other identifying information without prior consent. Where requested, photographs will be framed or edited to avoid identifying the property or its occupants. A Client may notify us in writing before photography if they do not consent to marketing use.

19. Website Content and Intellectual Property

Website text, branding, logos, graphics, photographs and other content owned by Smart Maintenance+ are protected by intellectual property law and may not be copied, republished or used commercially without our prior written permission.

We aim to keep website information accurate, but website content is provided for general information and does not form part of the contract unless expressly included in written project documents.

20. Privacy and Cookies

We process personal information in accordance with our Privacy Policy and use cookies in accordance with our Cookie Policy. Those policies should be read alongside these Terms and Conditions.

21. Third-Party Links

Our website may contain links to third-party websites. These links are provided for convenience only. We do not control and are not responsible for third-party content, availability, security or privacy practices.

22. Complaints

If the Client has a concern, they should contact us promptly using the details stated below. The Client should provide their name, project address, contact details and a clear description of the issue. We will investigate and aim to respond within a reasonable period.

23. General Provisions

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in effect. A delay in enforcing a right does not waive that right.

No person other than the Client and Smart Maintenance+ has a right to enforce these Terms, except where the law provides otherwise.

24. Governing Law and Jurisdiction

These Terms and Conditions and any dispute arising from them are governed by the laws of England and Wales.

If the Client is a consumer, they retain any mandatory right to bring proceedings in the courts applicable to their place of residence. In all other cases, the courts of England and Wales will have exclusive jurisdiction.

25. Company Details

Company name: Smart Maintenance+

Company registration number: 8980549

VAT number: 227 2138 28

Registered / principal address: 3 Crayke Hill, Chessington, Surrey, KT9 2JY

Correspondence address: 3 Crayke Hill, Chessington, Surrey, KT9 2JY

Email: info@smartmaintenanceplus.co.uk

Telephone: 020 3601 2356 / 07415 682276