Terms and Conditions of Business
1.1 Greenbird provides heating services which are available through the Greenbird website or (known as “the Service”). “Greenbird Services LLP” (trading as Greenbird Heating Services) Registered company number: OC418887 registered at Ashford House, 100 College Road, First Floor, Harrow, Middlesex, HA1 1BQ.
1.2 By using this Website and/or purchasing the Services You agree to be bound by the terms and conditions set out below. If You do not agree to be bound by these terms and conditions hereunder; please do not use or access this Website. You must read and accept all of the terms and conditions contained herein before You may use or access the Website in any way.
1.3 These terms and conditions constitute the entire terms and conditions upon which Greenbird provides the Service and upon which the User agrees to contract for the use of the Service except where specifically varied by written agreement by Greenbird on the Order Confirmation. They supersede any written or oral representations, statements, understandings or agreements.
1.4 By ticking the boxes on the Website You will be accepting these terms and conditions in their entirety and entering into a contract with Greenbird.
1.5 By placing the order over the telephone and paying a deposit You will be accepting these terms and conditions in their entirety and entering into a contract with Greenbird.
1.6 From time to time, it will be necessary to update the terms and conditions and You agree to be bound by the new terms and conditions after the implementation date for the revised terms and conditions.
In this Agreement:
“Agreement” means these terms and conditions together with the Client’s Order as confirmed in Greenbird Order Confirmation.
“Client” means the person who wishes to purchase Services through the Greenbird Website.
“Client Information” means the information required by Greenbird to allow us to deliver Services, including details of any allergies or skin sensitivities as outlined in this Agreement.
“Contact Form” means the contact form on our Website designed to capture further information provided by the Client.
“Contract Price” means the price for the Service as set out in the Website.
“Information” means any and all material contained in this Website.
“Intellectual Property” means any patent, invention, copyright, database right, registered or unregistered design, template, document, worksheets or trademark or content displayed on the Website (whether registered or unregistered), trade name, logo, trade secrets, know-how or other industrial or intellectual property right subsisting anywhere in the world, and applications for any of the foregoing, together with the goodwill thereon.
“Maintenance Services” or “Support Agreement” means the subscription service which is 12-month minimum contract duration based upon the Client choosing the appropriate subscription package outlined in the Maintenance agreement.
“Notification” means the previous agreed and pre-arranged communication sent to the Client as part of the Service.
“Order” means the Client’s order for the Services.
“Order Confirmation” means the email acceptance sent by Greenbird following receipt of the Client’s Order.
“the Package” means the package of services available on the Website and chosen by the Client.
“the User” and “You” means anyone who uses this Website.
“the Website” means the website operating under the domain name of https://www.greenbirdservices.co.uk/
“Working Hours” means 9.30am to 5.00pm, Monday to Friday, excluding Saturdays, Sundays and public holidays or statutory holidays.
2. Service Provision
2.1 Greenbird will provide an Order Confirmation for all Orders placed but reserves the right to accept or reject any Order at its sole discretion.
2.2 Greenbird will use all reasonable endeavours to provide the Service as described on the Website. Due to the nature of such services, the time will not be the essence of the contract.
2.3 Greenbird may at any time amend the Service for any reason including, but not limited to, technical or legal reasons.
3. Proprietary Rights
All Intellectual Property Rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code are owned by, licensed or authorised to Greenbird, its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Website is owned by Greenbird or its licensors or its content or technology providers except where otherwise specified. Nothing in these terms and conditions transfers to You any rights of ownership of such intellectual property rights, or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions. Without Greenbird prior written permission, You may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the underlying software code whether in whole or in part.
4. Basis of Use of the Website
4.1 You agree to the following;
4.1.1 that You are aged 18 or over and are legally capable of entering into binding contracts.
4.1.2 that You understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter.
4.1.3 that You will only view the Information on the Website for your own private purpose and will not publish, reproduce, store or retransmit any of the Information contained in the Website at any time.
4.1.4 that You shall not use the Information for any unlawful purpose or in any unlawful manner.
4.1.5 that You shall not transmit through the Website any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material.
4.1.6 You shall not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.
4.1.7 that You shall not use the Website or the Information in any manner which may constitute an infringement of any third-party rights (including but not limited to rights of copyright, trademark or confidentiality);
4.1.8 that You shall not run any tools on the Website that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, educational or any other use;
4.1.9 that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Website shall remain vested in Greenbird at all times;
4.1.10 that You will indemnify and keep indemnified Greenbird against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information or the Website or breach of your obligations under his agreement.
4.2 The Client must be aware that their use of Greenbird Service shall be accompanied by the use of advertising on the Site. The advertising facility is an inherent part of the Service offering.
4.3 Greenbird content sharing by the Client via YouTube and Facebook (or any other social media platform) post transaction is permitted subject to the social media platform’s own terms and conditions.
5. Client Obligations
5.1 No Agreement in respect of any Services shall exist between us and the Client until your Order has been accepted by Us by means of an Order Confirmation (whether or not funds have been deducted from your account). If we do not accept your Order and funds have already been deducted, these will be fully refunded.
5.2 Orders may be submitted electronically via the Website. To do so, the Client will be required to follow the online Order process. When doing so, the Client will be required to complete certain required fields on a form. This may include the provision of security information such as your identification details and password(s). The Client agrees to be responsible for ensuring that such security information is kept secure and confidential at all times. The Client must inform us immediately if the Client become aware of or suspect any unauthorised use of these security details or if they become available to an unauthorised party.
5.3 By contracting for Services, the Client hereby warrant that all information submitted by the Client is true, current and complete. Greenbird reserves the right to verify the eligibility of all Clients.
5.4 Without prejudice to its rights in terms of Clause 10 hereof, Greenbird is entitled to suspend or terminate the Client’s use of the Service if the Client fails to comply with any of its obligations under clauses 4 and 5 herein.
5.5 The Client is responsible for providing a satisfactory level of cooperation and for providing all necessary Client Information to enable Greenbird to produce and deliver a quality service, including
5.5.1 providing the necessary and accurate Client Information to place an Order including name, address, email address, and mobile telephones.
5.5.2 choosing the Package suitable to their needs.
5.5.3 on arrival at the Clients premises, reading and, agreeing to additional Greenbird terms and conditions and/or disclaimer and other information and instructions necessary for Greenbird to deliver Services.
5.5.4 adhering and following the guidelines and subject to any additional terms as supplied by Greenbird. Greenbird being the sole arbiter of the issue.
5.6 The Client acknowledges that Greenbird reserves the right to refuse Services based upon any lack of Client Information.
6. Telephone Support Process
6.1 Greenbird will not take the Order over the telephone. A Client may be supported over the telephone by calling 020 7859 4171, but in every situation the Client must contract via the Website.
6.2 No Agreement in respect of any Order shall exist between us and You until your Order has been accepted by us by means of an Order Confirmation (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.
6.3 Where an Order is placed orally or in the event of any dispute as to the Order, the Order
Confirmation shall be deemed as the authoritative Order.
7. Service Charges
7.1. We accept payment in British pounds sterling only.
7.2 The Agreement is based upon the Client paying a deposit in advance and based upon our acceptance of the Client’s deposit, prior to the Service commencing through our Debit and Credit Card Services or Bacs, to be at the election of Greenbird.
7.3 You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, we will not accept your deposit and we will not be liable for any delay or non-delivery, and we are not obliged to inform You of the reason for the refusal. We are not responsible for your card issuer or bank charging You as a result of our processing of your credit/debit card payment in accordance with the Order Confirmation.
7.4 The Client shall not be entitled by reason of any set-off, counter-claim, abatement, or other deduction to withhold payment of any amount due to Greenbird.
7.5 The Client is responsible for paying for any charges associated with using their debit or credit card.
8. Third Party Websites
8.1 The Website contains links to websites operated by parties other than Greenbird. Such links are provided for the User’s convenience only. Greenbird does not control such websites, and is not responsible for their content. Greenbird inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third-party websites, and also the value and integrity of any Service and services offered by such websites.
8.2 You may only link to this Website with Our express written permission. We expressly reserve the right to withdraw our consent at any time to a link which in our sole opinion is inappropriate or controversial.
9. Cancellation by the Client
9.1 A strict cancellation policy is enforced by Greenbird. Cancellations notified at least one full working day prior to an appointment will incur no cancellation fee. Cancellations on less than one full working days-notice and “No Shows” will be charged at £80.00 per hour, Greenbird being the sole arbiter of the issue.
9.2 In the event of the Customer prematurely cancels the Agreement or any portion thereof, Greenbird shall be entitled to payment of the full Contract Price as described in the Website.
9.3 Due to the nature of the service, Greenbird to not offer refunds.
10. Cancellation by Us
10.1 Greenbird shall be entitled to suspend the Service in accordance with Clause 5.
10.2 Without prejudice to any other rights to which it may be entitled, Greenbird may terminate provision or use of the Service respectively with immediate effect if the Client commits any material breach of any of the terms of this Agreement including failure to provide the correct Customer Information.
10.3 By purchasing the Services and by becoming a Client. The Client agrees to be subject to these Terms and Conditions and to act honesty and truthfully regards the Client’s dealings. In the event the Client acts counter to these terms and conditions, Greenbird reserve the right to delete the Client’s account and block their IP address from using the site in the future.
10.4 Greenbird will not tolerate Clients being rude or offensive or otherwise abusing the ‘Greenbird Service’ in any way including our employees and reserves the right to terminate the Service with immediate effect as a result of such behaviour (at Greenbird discretion).
11.1 Greenbird undertakes to use reasonable skill and care in providing the Service as described on the Website.
11.2 Greenbird makes no warranties as to the outcomes of the Service. The Service provided on the basis that the Client is responsible for engaging with the Services.
11.3 Greenbird will provide Services based upon the Client Information. As such Greenbird are not responsible for Client Information provided but will endeavour to monitor Client Content and remove any material that it is found to be inaccurate or offensive. The Client Information that is communicated in relation to suitability to consume Services.
11.4 The Client is responsible for choosing the Service; Greenbird will only suggest the type of Service which might be suitable to the Client and will not make choices or decisions on behalf of the Client.
12. Disclaimer and Limitation of Liability
12.1 The User uses the Service at its own risk and in no event shall Greenbird be liable for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death
resulting from Greenbird’ s negligence) including, but not limited to, inability to use social media, loss of money, the User’s identity theft, data breach, loss of or corruption of data or the User’s inability to use the Service, however caused and whether arising under contract or tort, including negligence or otherwise except as expressly provided herein.
12.2 If any exclusion, disclaimer or other provision contained in this Agreement is held to be invalid for any reason by a court of competent jurisdiction and Greenbird becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence but specifically excluding personal injury or death resulting from Greenbird ’s negligence) or otherwise, will not exceed the value of Service (price paid for the Service) immediately preceding such liability arising.
12.3 The User must make every effort to secure their username, passwords details and should not under any circumstance disclose their username and password and details to a third party or by an email request. Greenbird, nor its directors, employees or representatives will be liable for damages arising out of or in connection with the use of this Website or the Client Content, materials or Service included on this Website. This is a comprehensive limitation of liability that applies to all damages of any kind.
12.4 It is the User’s responsibility to maintain and update browser, firewall or anti-virus and anti-spyware software. The User must protect their computer and/or device and ensure they update all security software by downloading the latest security patches from relevant software provider.
12.5 Greenbird cannot guarantee 100% uptime and endeavours to provide services as described on the Website.
12.6 The Client must take full responsibility for the decisions involved when choosing the Service and during the time they use the Service and understands and accepts that any decision made to use the Service is entirely at their own risk.
13. Force Majeure
13.1 Greenbird shall not be liable to the Client or be deemed to be in breach of the Agreement by reason of delay in performing, or any failure to perform, any of our obligations in relation to the Service, if the delay or failure was beyond our reasonable control. Without prejudice to the generality of the foregoing, data breach, the following shall be regarded as causes beyond our reasonable control: act of god, explosion, flood, tempest, fire or accident; weather, war or threat of war, sabotage, pandemic flu or virus, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions, power cuts or trade disputes (whether involving our employees or of a third party); or difficulties in obtaining the System, labour, fuel, parts or machinery.
13.2 Greenbird cannot be held responsible or deemed in breach of this agreement in any way in respect of third-party delays, technical faults, including online access failures affecting our performance.
14. Maintenance Services (Maintenance Agreement)
14.1 Where you have acquired Maintenance Services (as set out in the Website), we will for the duration of the Client Agreement and in consideration of the relevant portion of the Price:
14.1.1 use reasonable endeavours to provide the maintenance services on a 24-hours a day, 7 days a week, 365 days a year basis (as outlined in the Maintenance Agreement).
14.1.2 be responsible for maintaining the System and attempting to remedy any defect in the operation of the System; and
14.1.3 endeavour to achieve a response time of 4 hours (time not being of the essence).
14.2 PROVIDED THAT we shall not be required to provide Maintenance Services or shall (at our sole discretion) be entitled to provide Maintenance Services only on payment of such additional fee as we may agree with you where a defect has arisen, or maintenance is required as a result of you or a third-party altering, modifying or in any other way tampering with the System.
14.3 Where you have not acquired Maintenance Services from us in relation to the System, we may (subject to availability) provide Maintenance Services on a call-off basis at a rate of £80 per hour (plus VAT and outlays, including parts). Such call-off Maintenance Services will be generally available between 9am and 5pm, Monday to Friday (excluding public holidays).
14.4 Where the Client has failed to keep up payments for Maintenance Services (including failure to make payment for subscription services), we are entitled to request the reminder of the contract price including any arrears outstanding to be paid prior to the work commencing.
15. Statutory Information
This website is owned and operated by:
Greenbird Services LLP (trading as Greenbird Heating Services)
Registered company number: OC418887.
Ashford House, 100 College Road,
First Floor, Harrow, Middlesex, HA1 1BQ
Email: [email protected]
17.1 Greenbird shall be entitled to assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. The Client may not assign or transfer any of your rights or obligations without our written consent.
18.1 These terms and conditions contain all the terms of your agreement with us relating to your use of this Website. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. Your use of this Website, any downloaded material from it, use of the Service, this Agreement and the operation of these terms and conditions shall be governed by, construed and interpreted in accordance with the laws of England and the Client agree to submit to the exclusive jurisdiction of the English courts.
19.1 Failure or delay by Greenbird in enforcing any term of the Agreement shall not be construed as a waiver of any of its rights under it.
19.2 The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.
19.3 The law governing this Agreement, including without limitation its interpretation and all disputes arising out of this Agreement, is the law of England and the Parties submit to the exclusive jurisdiction of the English Courts.
The Copyright is owned by Create Ts and Cs, www.createtsandcs.com. All content and materials are the sole property of the Create Ts and Cs. Create Ts and Cs, hereby grants Greenbird a nonexclusive, non-transferable license to use and display, Create Ts and Cs-own both the content and materials solely in connection with the Work.