EMERGENCY SOLUTIONS 4U LTD
TERMS AND CONDITIONS

Emergency Solutions 4 U Limited Website Terms & Conditions for Consumers
  1. Introduction

1.1. By using this website www.emergencysolutions4u.com and any connected telephone line, you agree to these Terms and Conditions. Please carefully read these Terms and Conditions before using this service. We recommend that you print and retain a copy of this document for your future reference.

1.2. This document governs the relationship between you and us only. The Terms and Conditions on which repairs are assessed and completed are concluded between you and the Engineer.

1.3. We care about your privacy and how we protect your personal data. Please refer to our Privacy Policy to understand how we collect and use your personal data and for your data protection rights. Our Privacy Policy is available on our websites.

  1. Who are we?

2.1. We are Emergency Solutions 4 U Limited, a company incorporated in England and Wales under the registered number: 12321935. Our registered office is: 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ. By ‘we’, ‘us’ and ‘our’ we mean Emergency Solutions 4 U Ltd. By ‘you’ we mean the consumer.

  1. A summary of our role

3.1. We are a digital marketing provider. We are instructed by local qualified professionals who carry out repair services, including on an emergency basis, as plumbers, electricians and gas engineers (collectively known as “Engineers”).

3.2. As part of our services to Engineers, we:

            3.2.1. build and operate websites and telephone lines to market their services to consumers;

            3.2.2. take enquiries from consumers and, acting as the Engineer’s agent, arrange bookings for the Engineer to attend your property to assess the repair works required and, if appropriate, provide an estimate for the length of time and how much it will be to complete the repair works; and

            3.2.3. monitor the Engineer’s performance, receive feedback from consumers and help to resolve complaints and disputes arising out of repair works.

3.3. We provide our digital marketing and booking services exclusively for Engineers. We do not provide repair services for consumers. By using Emergency Solutions 4 U Ltd’s website and telephone lines, you agree that you will not, at any point, be entering into a contract with Emergency Solutions 4 U Ltd for repair services.

3.4. Emergency Solutions 4 U Ltd operates a pricing structure which Engineers have to agree to adhere to when signing up to our services (“The Engineer Tariff”). The Engineer Tariff provides for the maximum hourly rate which you can be charged by an Engineer, and is available on our website.

3.5. Engineers who work with Emergency Solutions 4 U Ltd enter into two types of contract with consumers, as follows:

            3.5.1. Call-Out Contract: This is a contract between you and the Engineer, in which Emergency Solutions 4 U Ltd acts as the Engineer’s agent in making the booking. Under the Call-Out Contract, the Engineer will attend your premises to assess the repair works required and, if appropriate, provide you with an estimate for a Repairs Contract, including the number of hours that they expect the repair work will take and the costs of any additional materials required to complete the work. They will also provide you with their full terms and conditions for the Repair Contract. The Call-Out Contract includes one hour of labour and you will be liable to pay for the first hour of the Engineer’s time whether or not you enter into any subsequent Repairs Contract with the Engineer. You will be provided with the maximum hourly rate in accordance with the Engineer Tariff when speaking to us on the telephone, before you confirm whether you wish to go ahead with the Call-Out Contract.

            3.5.2. Repairs Contract: This is a contract between you and the Engineer for the repair works. When they attend your premises to inspect the works as part of a Call-Out Contract, the Engineer will assess the repair works required and, if appropriate, provide you with a quote for a Repairs Contract, together with their full terms and conditions. You are under no obligation to enter into a Repairs Contract with the Engineer. We require that, in any Repair Contract, engineers do not charge an hourly rate that exceeds the engineer Tariff for the Call-Out Contract, unless you specifically agree this with the engineer. Emergency Solutions 4 U Ltd does not have a role in the Repairs Contract, although for our ongoing monitoring purposes, we may ask you for feedback on the performance of the engineer and investigate any complaints you raise.

 

3.6. Further details of our services, and the way we operate, are set out below.

  1. The Engineers

 

4.1. When a Engineer wishes to sign up to our services, we require particular documentation from them, in order for us to verify their identity and professional credentials.

4.2. We take certain steps to verify all the engineers who sign up to our services and we confirm their identity and that they are:

            4.2.1. A resident of the United Kingdom;

            4.2.2. Qualified for the service they provide; and

            4.2.3. have adequate insurance.

 

4.3. We are happy to provide details of our engineer verification processes.

4.4. Please note that we do not:

            4.4.1. Perform a credit check on engineer;

            4.4.2. Check the bankruptcy history of engineer; or

            4.4.3. Carry out a DBS disclosure check for engineer.

4.5. Whilst we do our best to make sure that the engineer visiting your home are fully qualified and fit to carry out the job, we do advise that you ask the engineer for identification documents, or details of their professional credentials, if you would like to check or verify who they are or their abilities to perform the repairs. Emergency Solutions 4 U Ltd accepts no responsibility for the repair works performed by the engineer. You enter in a Call-out Contract and/or Repair Contract at your own risk.

4.6. Should you have any concerns about the engineer and their suitability to carry out the work, please cancel the service and call us immediately and we will investigate the situation.

 

  1. Booking Process

 

5.1. The process for using our services is as follows:

(a) Arranging a Call-Out Contract

5.2. You access a website that we operate and use the number provided on there to call us. You then call Emergency Solutions 4 U Ltd and you will get through to one of our call centre operatives. The call centre operative will ask you to provide some personal details and for you to explain the repair service you require.

5.3. You will be asked to confirm that, if a engineer is dispatched to visit your premises, there will be someone present who is aged 18 or over. Engineers who work with Emergency Solutions 4 U Ltd are not permitted to attend premises without someone present who is aged 18 years or over.

5.4. When we receive your enquiry, we will search our database to match you with a local engineer in your area. Whilst you are on the telephone, we will contact the engineer to find out if they are available to attend your premises to inspect the repair work. To do this, in accordance with our Privacy Policy, we will provide the engineer with the following information relating to you:

            5.4.1. Your postcode; and

            5.4.2. A description of your requirements, as provided by you to us.

 

5.5. If the engineer is available to visit your home to inspect the repair works required, we will provide you verbally, on request in writing, with the following information (collectively known as the “Call-Out Contract Offer Terms”):

            5.5.1. The engineer’s name;

            5.5.2. The engineer’s maximum hourly rate (if applicable, the rate will be inclusive of VAT);

            5.5.3. That, if you agree to enter into a Call-Out Contract with the engineer, you will be liable to pay the engineers for the first hour which shall not exceed the applicable rate prescribed by the engineer Tariff, whether or not you subsequently agree to enter into a Repairs Contract with the engineers;

            5.5.4. An estimate provided by the engineer of the time it will take for the Engineer to arrive at your premises;

            5.5.5. A notification that, if you accept the terms of the Call-Out Contract, the engineer will attend your premises and, if the engineer, deems appropriate, inspect the problem and propose an estimate for the works and the terms of a Repair Contract for the repair works you require (as explained below); and

            5.5.6. Any other information we are required or deemed appropriate to notify you.

5.6. Upon receipt of this information, you will then be given an opportunity to decide whether you wish to go ahead and agree to enter in a Call-Out Contract with the engineer. You are under no obligation to do so. Please note that, if you agree to go ahead, you will enter in a Call-Out Contract with the engineer under which an hour of labour will be included. Therefore, you will be required to pay for at least the first hour of the engineer’s time even if you do not enter in a Repair Contract. Emergency Solutions 4 U Ltd is not a party to the Call-Out Contract and acts only as an agent for the engineer.

5.7. If you agree to enter in the Call-Out Contract, we will send you a text message to confirm the booking.

5.8. It will be your responsibility to provide the engineer with access to your property. If, for any reason, you need to cancel or reschedule the job please liaise directly with the engineer when they are at your property. If you seek to reschedule before the engineer arrives, please contact us.

(b) The Visit by the Engineer

5.9. As noted above, there must be someone who is 18 years or older at the property in order for the engineer to carry out the work.

5.10. When the engineer arrives at your property, they will assess the situation and, if they consider it appropriate to do so, provide you with a full estimate for the work (which will be communicated to you in writing), including:

            5.10.1. An estimate of the number of hours that will be needed to complete the repair works;

            5.10.2. The hourly rate for the works (which, unless agreed with you, cannot be charged at a higher rate than the maximum hourly rate provided to you on the telephone and in accordance with the Engineer Tariff); and

            5.10.3. Any additional materials required to complete the repair works, and the cost of those materials.

5.11. The assessment provided by the engineer will be a reasonable and informed estimate only and whilst it should be as accurate as possible, sometimes prices can fluctuate in the event an unforeseen problem arises. All engineers should, however, keep you informed of any potential increase (or decrease) to the initial quote provided. If you have any complaints about the service provided by a Engineer, please see the Complaints section below.

5.12. Please note that any Repairs Contract is between you and the engineer. We therefore ask you to obtain a copy of the engineer’s Terms and Conditions to understand the full terms of their proposal, before any work is completed. It is important that you are happy with the estimate before the work is carried out. We advise you to obtain a copy of their terms and conditions to ensure you understand the terms of their business and any exclusion of liability.

5.13. When the engineer has provided their estimate, you will then have an opportunity to agree or decline for the repair work to be carried out. You will have the opportunity to decline the service after you receive the estimate.

5.14. All of the engineers must give you the opportunity to decline the service before they carry out the work, although any call out charge and the first hour of the engineer’s time will always be payable by you. You are under no obligation to accept the estimate provided by the engineer. To the extent that any engineer seeks to pressurise you to enter into a Repairs Contract, please contact Emergency Solutions 4 U Ltd immediately. All engineers are required to abide at all times with Emergency Solutions 4 U Ltd Code of Conduct, which does not allow for intimidating or aggressive behaviour. Such behaviour will not be tolerated.

5.15. If you agree to the repair service, the Engineer will start the work straight away, unless an alternative time or day is agreed between you and the Engineer.

(c) After the visit by the Engineer

5.16. The Engineer will provide you with an invoice either immediately after the work has been completed or no later than 24 hours thereafter.

5.17. A Engineer should ask you to endorse the invoice in order for you to confirm the amount charged.

5.18. You will pay the Engineer directly via credit/debit card, BACS transfer to their business account or by cheque. The Engineer should not ask you for a cash payment unless both of you agree.

  1. Nature of the services

6.1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), and stipulate that:

            6.1.1. The services carried out must be executed with reasonable care and skill;

            6.1.2. You must pay a reasonable price for the services; and

            6.1.3. The services must be carried out within a reasonable time.

6.2. The Engineer that carries out the service is expected to comply with the statutory requirements under the Consumer Rights Act 2015.Please visit our complaints section below in the event you feel that your statutory rights have been affected.

  1. Prices

7.1. We will let you know the basis of calculating the charges for the insofar as we can, when you place a booking with us. The maximum hourly rate is set by us and the Engineers who join our service must agree to charge the prices we set, unless a specific agreement is made with you.

7.2. We monitor our prices to ensure they are competitive and in line with market rates. The rate provided to you will be determined in accordance with the Engineer Tariff based on the information you have provided to us, along with other factors such as the time of day and whether it is a weekend or Bank Holiday.

7.3. The hourly rate we provide to you over the telephone will:

            7.3.1. Be in pounds sterling (GBP);

            7.3.2. include VAT, if applicable (we will confirm to you whether the Engineer has informed us that they are required to charge VAT); and

            7.3.3. will not include the cost of any additional materials required.

7.4. As explained above, the Engineer who visits your property will assess the work further and provide you with an estimate of the time it will take, any additional materials required (the price of those materials), and the overall estimated price.

  1. Code of Conduct

8.1. All Engineers who sign up to our service have to agree to our ‘Code of Conduct’. The Code of Conduct is visible on our website.

8.2. The Code of Conduct states that all Engineers must provide customers with an invoice before payment is taken from you. In the event you did not receive from the Engineer an invoice before making payment, please refer to our complaint section for how to contact us and we will investigate the situation.

8.3. You will make payment to the Engineer directly. We will be notified by the Engineer when that payment has been made. We collect a commission for our services from the payment the Engineer receives. In the event there are any issues with the payment we are happy to handle any queries or complaints.

  1. Complaints

9.1. Your views are important to us and help us to ensure that Engineers are offering an excellent service. We do not seek to work with Engineers that abuse our Code of Conduct and do not comply with our Engineer Terms and Conditions.

9.2. Therefore, in the event you have a complaint about a service that was carried out, or behaviour exhibited by an Engineer to whom you were introduced by us, please get in touch with us using the details on the ‘Contact Us’ page on our website.

9.3. Please note, however, that Engineers are not employed by Emergency Solutions 4 U Ltd. We will refer all complaints to the Engineers. This is to ensure the Engineer knows the nature of the complaint and so they can assess their liability. Whilst we will investigate all complaints and seek to mediate between the Engineer and the consumer, we are not a party to any dispute or conflict in relation to the quality of the work or the way it is completed.

9.4. We will do our best to investigate the work completed and will decide with the consumer and the Engineer a suitable resolution.

  1. Our Liability

10.1. We provide our websites free of charge and on an “as is” basis. We provide digital marketing services to Engineers, and where requested, facilitate the conclusion of Call-Out Contracts between consumers and Engineer (in respect of which we will act as disclosed agent to the Engineer). We do not enter into any contract with consumers for the supply of repair services, and we are not responsible or liable for the services that are provided by Engineers.

10.2. Except for any legal responsibility that we cannot exclude by law (such as for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation) or arising under applicable laws relating to the protection of your personal information, we do not assume any liability to you.

10.3. To the extent permitted by law, we disclaim any warranties, express or implied, and other than as set out above in clause 11.2, we are not liable for any loss or damage, whether direct or indirect and arising in contract, tort, or otherwise, even if we have been advised of the possibility of this loss or damage.

10.4. To the extent that we are deemed liable to you, our liability will be limited to an amount equal to £500 in aggregate.

10.5. Please check the full terms and conditions of the services that the Engineer provides to you, to understand if he/she seeks to exclude any liability towards you.

10.6. These limitations don’t affect your statutory rights under the Consumer Rights Act 2015, if applicable and any laws that replace it. If you want independent advice about your rights, you can speak to Citizens Advice or Trading Standards.

  1. Contact Us

11.1. You can contact us during business hours via telephone or at any time via email. Please refer to our ‘Contact Us’ page on our website for full details.

  1. Changes to these Terms and Conditions

12.1. Please note, that we have the right to remove any service on our websites at any time and we may also change the pricing structure of the services in accordance with any fluctuation in the market. We don’t have to give any notice, and if we do remove a service, we won’t be responsible to you.

12.2. We also have the right to change these terms and conditions at any time, for example if we change our processes or if there are changes to laws or regulations which require us to update them.

12.3. The terms and conditions applied to your use of the service will be those in force at the time you request a Engineer.

  1. Intellectual Property Rights

13.1. The copyright, trademarks and all other intellectual property rights in the material contained on this website belong to us or their licensed owner.

13.2. This includes database rights, design rights, rights in know-how, rights in inventions (whether registered or unregistered), patents and all rights to apply for registration.

13.3. You are permitted to use this material or content only as expressly authorised in writing by us or our licensors. You will not, and you will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content. If you become aware of any such distribution or commercial exploitation, you agree to notify us immediately.

13.4. The images, logos and names on this website are to identify us, or any other organisation and their products and services. They are our trademarks or trademarks of the other organisation. Nothing on this website gives anyone any licence or right to use any image, logo or name.

  1. Jurisdiction and Laws

14.1. The services described on this website are only available in England and Wales (unless we’ve said otherwise). These terms and conditions shall be governed by the law of England and Wales.

14.2. Any disputes arising out of or in connection with these Terms (including any non-contractual claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

  1. Monitoring phone calls and emails

15.1. We may monitor and record our calls and emails, so we can assess any areas that we need to improve.

15.2. If calls are monitored, we will comply with all relevant data protection laws regarding the use of such information. Please see our Privacy Policy for further information.

fore using our services, you fully understand our rates on the Description Price Plan.

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