Terms and conditions of service

1.
Application
 
1.1
These Terms and Conditions shall apply to the provision of Property management services by First Assist RLS limited. Registered office The Apex, 2 Sheriffs Orchard, Coventry, CV1 3PP the Client.
 
1.2
In the event of conflict between these Terms and Conditions and any other terms and conditions (of the Client or otherwise), the former shall prevail unless expressly otherwise agreed by the Service Provider in writing.
2.
Definitions and Interpretation
 
2.1
These Terms and Conditions shall apply to the provision of Property management services by First Assist RLS limited. Registered office The Apex, 2 Sheriffs Orchard, Coventry, CV1 3PP the Client.
 
“Agreement”
means any agreement between the First Assist RLS the ‘Service Provider’ and the Client entered into by the same which is subject to these Terms and Conditions;
 
“Business Day”
means a day on which banks generally are open for the transaction of normal banking business (other than solely for trading and settlement in Euros);
 
“Client”
means the landlord , firm or corporate body (which expression shall, where the context so admits, include its successors and assigns) which purchases property management services from the Service Provider;
 
“Commencement Date”
means the commencement date for the Agreement on day of landlord membership completion.
 
“Fees”
means the fees payable by the Client under Clause 4 in accordance with the Terms of Payment;
 
“Services”
means the property management services to be provided by First Assist RLS limited (the Service Provider) to the Client as set out in Appendix 1
 
“Service Provider”
Means First Assist RLS limited; and
 
“Terms of Payment”
Means the terms of payment of Fees as set out in Appendix 2
 
2.2
Unless the context otherwise requires, each reference in these Terms and Conditions to:
 
2.2.1
“writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
 
2.2.2
a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
 
2.2.3
“these Terms and Conditions” is a reference to these Terms and Conditions and any Schedules as amended or supplemented at the relevant time;
 
2.2.4
a Schedule is a schedule to these Terms and Conditions; and
 
2.2.5
a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule.
 
2.2.6
a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
 
2.3
The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
 
2.4
Words imparting the singular number shall include the plural and vice versa.
 
2.5
References to any gender shall include the other gender.
3.
The Services
 
3.1
The Service Provider will use reasonable care and skill to perform the property management services as set out in appendix 1.
 
3.2
The Service Provider shall use all reasonable endeavours to complete its obligations under these Terms and Conditions, but time will be of the essence in the performance of these obligations.
 
3.3
Emergency call out is limited to one call out per property a year. A property issue will be deemed an emergency if there is an unexpected event that requires immediate action to Prevent damage or further damage to the property. Make the property safe, secure and habitable. Alleviate unreasonable discomfort, risk or difficulty. Any repairs that may be required due to damage or neglect caused by the tenant or landlord will be chargeable and payment required before service providers attendance.
 
3.4
The service provider will call out on request to Boiler breakdowns, blocked and burst pipes, blocked drains, electrics and any issue with the fabric of the building. The service provider will not call out to appliance breakdowns such as washing machines, Dish washers, Dryers, Fridges or any other such domestic appliance but will quote for replacement or repair of said item.
 
3.5

The service provider shall in the case of emergencies make safe any issue deemed an emergency or a danger to tenant or property (Cat 1 callout) as part of the landlord membership free of charge.

Boiler, heating and appliance breakdowns will be assessed and a no obligation quote issued to the landlord member free of charge (Cat 2 callout).

In regards electrical wiring issues although these can fall into both call out categories. Due to the nature of fixed wiring if a call out is deemed a Cat 2 callout the service provider will contact the landlord member prior to attending to confirm they wish us to attend and fault find. This has a standard fixed one hour rate of £75.00 plus VAT. If any additional works are required that will take longer or require parts or materials the service provider will make safe and a no obligation quote provided to the landlord member.

4.
Fees
 
4.1
The Client agrees to pay the Fees in accordance with the Terms of Payment.
 
4.2
In addition the Service Provider shall be entitled to recover from the Client his reasonable incidental expenses for materials used and for third party goods and services supplied in connection with the provision of the Services.
 
4.3
The Client will pay the Service Provider for any additional services provided by the Service Provider that are not specified in Appendix 1 in accordance with the Service Provider’s then current, applicable daily or hourly rate in effect at the time of the performance or such other rate as may be agreed. Any charge for additional services will be supplemental to the amounts that may be due for expenses.
 
4.4
All sums payable by either Party pursuant to these Terms and Conditions are exclusive of any value added or other tax (except corporation tax) or other taxes on profit, for which that Party shall be additionally liable.
 
4.5

The client agrees to pay First Assist a fee in respect of any diarised appointments that are notcancelled with First assist either by phone or email 24 hours prior to the time and date appointment.

 
Variation and Amendments
 
4.6

If the Client wishes to vary any details of Appendix 1 he must notify the Service Provider in writing as soon as possible. The Service Provider shall endeavour to make any required changes and any additional costs thereby incurred shall be invoiced to the Client.

 
4.7

If, due to circumstances beyond the Service Provider’s control, it has to make any change in the arrangements relating to the provision of the Services it shall notify the Client immediately. The Service Provider shall endeavour to keep such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances.

5.
Termination
 
5.1
First Assist RLS limited may terminate the Agreement immediately if:
 
5.1.1
The Client is in breach of any of his obligations hereunder;
 
5.1.2
the Client has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with his creditors generally or has an administrator, administrative receiver or receiver appointed over all or a substantial part of his undertakings or assets;
 
5.1.3
the Client has become bankrupt or shall be deemed unable to pay his debts by virtue of Section 123 of the Insolvency Act 1986;
 
5.1.4
the Client ceases or threatens to cease to carry on business; or
 
5.1.5
Any circumstances whatsoever beyond the reasonable control of the Service Provider (including but not limited to the termination of the Services through no fault of the Service Provider) arise that necessitate for whatever reason the termination of the provision of Services.
 
5.2
In the event of termination the Service Provider shall retain any sums already paid to it by the Client without prejudice to any other rights the Service Provider may have whether at law or otherwise.
 
5.3
If the client cancels membership after any services have been delivered those services will be charged at the retail rate for those services as per the pay as you go rate at the time of membership cancelation. Any outstanding monies will become due within thirty days of cancelation.
6.
Sub-Contracting
First assist RLS limited may sub-contract the performance of any of its obligations under these Terms and Conditions without the prior written consent of the client. Where First Assist RLS limited sub-contracts the performance of any of its obligations under these Terms and Conditions to any person First Assist RLS limited shall not be responsible for every act or omission of the sub-contractor as if it were an act or omission of First Assist RLS limited itself.
7.
Liability
 
7.1
If the Service Provider fails to perform the Services with reasonable care and skill it will carry out remedial action at no extra cost to the Client.
 
7.2
The Client shall indemnify the Service Provider against all damages, costs, claims and expenses suffered by the Service Provider arising from loss or damage to any equipment (including that of third parties) caused by the Client, or his agents or employees.
 
7.3
The Service Provider shall not be liable to the Client or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of the Service Provider’s obligations if the delay or failure was due to any cause beyond the Service Provider’s reasonable control.
 
7.4
Nothing in these terms and conditions shall exclude or limit the liability of First Assist RLS limited for the death or personal injury, however First Assist RLS limited shall not be liable for any direct loss or damage suffered by the landlord or any third party howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the public liability insurance policy held by First Assist RLS limited which the clients claim is notified.
8.
Force Majeure
Neither the Client nor the Service Provider shall be liable for any failure or delay in performing their obligations under these Terms and Conditions where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
9.
Waiver
 
9.1
No waiver by the Service Provider of any breach of these Terms and Conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of these Terms and Conditions shall be effective only if given in writing and signed by the waiving Party and then only in the instance and for the purpose for which the waiver is given.
 
9.2
No failure or delay on the part of any Party in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude, any other or further exercise of any other right, power or privilege.
10.
Severance
The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
11.
Copyright
First Assist RLS limited reserves all copyright and any other rights (if any) which may subsist in the products of, or in connection with, the provision of the Services or facilities. First Assist RLS limited reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.
12.
Termination
 
12.1
All notices under these Terms and Conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
 
12.2
Notices shall be deemed to have been duly given:
 
12.1.1
when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
 
12.1.2
when sent, if transmitted by fax or e-mail and a successful transmission report or return receipt is generated; or
 
12.1.3
on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
 
12.1.4
on the tenth business day following mailing, if mailed by airmail, postage prepaid. In each case addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.
 
12.3
Service of any document for the purposes of any legal proceedings concerning or arising out of these Terms and Conditions shall be effected by either Party by causing such document to be delivered to the other Party at its registered or principal office, or to such other address as may be notified to one Party by the other Party in writing from time to time.
13.
Law and Jurisdiction
 
13.1
These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
 
13.2
Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

Appendix 1

Full membership Service
Annual Gas safety certification
Annual Gas boiler service
Annual Portable appliance test
Annual Property Inspection
Emergency call out
24 hour help line

Appendix 2

Terms of payment
£15.00 per calendar month
Incidental fees as per section 4.2 to a maximum of £10.00 plus VAT

Category 1 Call Out (24 hour 365 days a year) Lead time 3 Hours
Burst Pipes, Loss of electric to the whole property that is not caused by grid power cut. Drain or toilet blockage inside the property.

Category 2 Call out (next working day in normal working hours 9.00am to 5.00pm Monday to Saturday)
Boiler breakdown. Appliance breakdown. General plumbing issues. General electrical issues. General issues with fabric of property.