Terms and conditions
Terms & Conditions – Complete Drainage Services (CDS)
Section 1. CDS – our services terms and conditions
Please read carefully.
1) Only repair and installation works carried out by Complete Drainage Services including relining and excavations are guaranteed. Cleared Blockages and their re-occurrence are not guaranteed as we cannot be held responsible for or control what is disposed of and put through drains via toilets, sinks and any other drain entries.
2) Limitation of Liability. In no event will CDS, or its suppliers or licensors, be liable for any damages or losses caused at or to any premises or location during any works being carried or planned which are associated to CDS. with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to CDS under this agreement during the twelve (12) month period prior to the cause of action. CDS shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
3) General Representation and Warranty. You represent and warrant that (i) your use of the Website and our services will be in strict accordance with the CDS Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
4) You agree to indemnify and hold harmless CDS, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
5) This Agreement constitutes the entire agreement between CDS and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CDS, or by the posting by CDS of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the United Kingdom, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in England. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in UK, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
6) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; CDS may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns
7) Free of Charge CCTV Camera survey consists of a basic ‘look and see’ camera inspection. No recording or report is included. The free survey is only available after drains and or blockage has been thoroughly cleared. only then can we carry out a Free Look & See Survey for yours and our peace of mind. Initial Drain clearance is not free and will incur a charge at our half hourly rates for any labour and machinery needed to fully clear the drain(s).
8) We require a 50% deposit prior to any work taking place.
9) We CDS require an onsite contact name and number.
10) We CDS require the address of the property and access.
11) It is you the client who is responsible for parking our vehicle. Access and parking close to site if High Pressure Jetting is required/needed during the survey to clear blockages if required.
12) When CDS attend site and find the depth of any I.C is deeper than 1.2 metres or gases present, work will cease, and confined spaces equipment will be used. This will be an extra cost £TBA.
13) We require email confirmation of your instruction to carry out the work to book you in.
14) Once received you are agreeing to our terms and conditions.
15) Our day rate includes travel to and from site when our engineers complete the work they will return to the office to submit all CCTV footage and write up a report this constitutes as a full day, Overnight stay will be chargeable for two engineers over two hours travelling time.
16) If reasonable access cannot be obtained for any reason the work will cease and a solution will be provided at an extra cost £TBA.
17) When we C.D.S have been instructed by you the client to carry out the work and you the client cancel a confirmed booking or postpone the work subsequently cancelling the work on that date booked, you will be charged the £875.00 cancellation fee plus any hired plant costs plus vat.
18) If you fail to pay the balance on completion, we CDS reserve the right to add interest to the unpaid outstanding amount from the day the work was completed.
19) If this has not been settled and there is no dispute with the work carried out the we CDS will take court proceedings against you the client / debtor and recover all monies owed for work, we CDS have carried out.
20) Please note you may be awarded a county court judgment against you or your company which can and will affect future borrowing or credit.
21) If you the client, ask us CDS to cease work due to rising costs at no fault of our own due to mitigating circumstances you will be charged the full amount quoted which you the client accepted.
22) When we C.D.S have been instructed by you the client to carry out the work and you the client cancel a confirmed booking or postpone the work subsequently cancelling the work on that date booked, you will be charged the full quoted amount plus vat per day until work resumes and we CDS will give 24hrs notice if we cannot start on the date we provided and will not be liable for any financial recompense to you the client.
23) Payment is upon completion when the work onsite has been completed if not already paid upfront prior to work commencing to gain a slot/date.
24) Excavation – If contaminated ground is present upon investigation this will need to be removed this is an extra cost £TBA.
25) If a report is needed, please allow 8-12 working days to receive the report after the onsite work has been completed please be aware this can alter due to workload.
26) Payment is by card or bank transfer on site upon completion unless agreed by our financial Director.
27) Payment if late will be subject to our daily admin charge of £45.00 per day plus vat after 7 days we CDS reserve the right to add interest @ 1% per day (365% per annum on the outstanding amount from the day the work was completed).
28) Failure to pay the outstanding debt owed to us CDS exceeding 30 days we CDS reserve the right to take matters further and recoup the outstanding debt with costs; admin costs, legal costs,, interest and attendance to court costs.
29) Once we CDS receive you the client’s authorisation by email to carry out the work quoted for. you are agreeing to all our terms and conditions
Section 2. Our website terms and conditions (completedrainageservices.co.uk)
1) The following terms and conditions govern all use of completedrainageservices.co.uk website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Complete Drainage Services (“CDS”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Complete Drainage Service’s Privacy Policy) and procedures that may be published from time to time on this Site by CDS (collectively, the “Agreement”).
2) Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services offered by CDS. If these terms and conditions are considered an offer by CDS, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
3)Responsibility of Contributors. If you operate a blog, comment on a blog, post material taken from the Website, post links to the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
4)the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
5) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
5a) you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
5b) the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
5c) the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
5d) the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
5e) your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
5f) Your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by CDS or otherwise.
6) By submitting Content regarding or in relation to CDS for inclusion on your Website, you grant CDS a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, CDS will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
7) Without limiting any of those representations or warranties, CDS has the right (though not the obligation) to, in Complete Drainage Service’s sole discretion (i) refuse or remove any content that, in Complete Drainage Service’s reasonable opinion, violates any CDS policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Complete Drainage Service’s sole discretion. CDS will have no obligation to provide a refund of any amounts previously paid.
8) Fees; Payment. By requesting and receiving a product or service, you agree to pay CDS the applicable fees and any recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Any and all materials and products used to complete work which is undertaken by CDS remain the property of Complete Drainage Services until payment has been made by the client in full. Failure to make payment in the instructed time (which is made at our discretion) will result in materials and products being reclaimed and removed from site.
9) CDS reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you.
10) If services require after sales support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by CDS to respond within one business day). Telephone support is offered but under no guarantees regarding operating times and dates and operational instances. All support will be provided in accordance with CDS standard services practices, procedures and policies.
11) Responsibility of Website Visitors. CDS has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, CDS does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. CDS disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
12) Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which completedrainageservices.co.uk links, and that link to completedrainageservices.co.uk. CDS does not have any control over those non-CDS websites and webpages and is not responsible for their contents or their use. By linking to a non-CDS website or webpage, CDS does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. CDS disclaims any responsibility for any harm resulting from your use of non-CDS websites and webpages.
13) Copyright Infringement and DMCA Policy. As CDS asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by completedrainageservices.co.uk violates your copyright, you are encouraged to notify CDS in accordance with Complete Drainage Service’s Digital Millennium Copyright Act (“DMCA”) Policy. CDS will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. CDS will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of CDS or others. In the case of such termination, CDS will have no obligation to provide a refund of any amounts previously paid to CDS.
14) Intellectual Property. This Agreement does not transfer from CDS to you any CDS or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with CDS. CDS, completedrainageservices.co.uk, the completedrainageservices.co.uk logo, and all other trademarks, service marks, graphics and logos used in connection with completedrainageservices.co.uk, or the Website are trademarks or registered trademarks of CDS or Complete Drainage Service’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any CDS or third-party trademarks.
15) CDS reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
16) CDS reserves the right to display attribution links such as ‘Blog at completedrainageservices.co.uk,’ theme author, and font attribution in your blog footer or toolbar.
17) Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
18) Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
19) CDS reserves the right, at its sole discretion, to modify or replace any part of this Agreement and also to its’ services, prices and products. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. CDS may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
20) CDS may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your completedrainageservices.co.uk account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by CDS if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Complete Drainage Service’s notice to you thereof; provided that, CDS can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
21) Disclaimer of Warranties. The Website is provided “as is”. CDS and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CDS nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
