These terms and conditions apply to the provision of the services by Digate Ltd, company #9167034, to the person/company buying the services (you or customer).
You/customer accepted these terms and conditions from the date you/customer made payment for our services and our quotation (the contract) are the entire agreement between us/Digate Ltd and you/customer.
These terms and conditions apply to the contract to the exclusion of any other terms and conditions that you/customer try to impose or incorporate, or which are implied by practice or course of dealing.
These terms and conditions are for convenience only and do not affect their interpretation.
We warrant that we will use reasonable care and skill in our performance of the services which will comply with the information received from you/customer.
All quotes provided by us are estimates and not intended to be fixed quotes.
We can make any changes to the services which are necessary to comply with any applicable information and we will notify you/customer if this is necessary.
The reasonable endeavours will be used to complete the performance of the services within the time agreed. However, time shall not be of the essence in the performance of our obligations.
All of these terms and conditions apply to the supply of any our services unless we specify otherwise.
The fees for the services are set out in the quotation.
The fees for our services on our web-page are exclusive of VAT.
You/customer must provide us with, and not limited to: drawings, work requirements, daily rates for all tradesman involved, profit % on top of labour allowances, profit % on top of material allowances, % of contingency, company design of header, company design of footer and other relevant information in order to provide the services. Due to variety of options that relates to and/or not limited to heating, plumbing, electrics, conditioning, self monitoring and any mechanical engineering systems provisional sums will be provided unless specified plans being available. The same applies and not limited to: furnishing materials i.e. floor & wall coverings, sanitaryware, furniture etc.
If you not comply with clause 12, we can terminate the services.
Due to nature of business, all communication is achieved by e-mail. To understand your complaint we need to/and/or not limited to: to expand your file and/or documentation so all complaints has to be provided via e-mail, only then your/customers case will be categorized, tracked and monitored.
If you/customer want us to amend your/customers estimate and/or/if we receive any further documentation after your/customers slot has been booked, documentation as example but not limited to: amended drawings, schedules, specifications, there may be additional charges applied and the lead time will extend and/or will be counted as request for new quotation.
To book your/customers slot and lead time, the payment amount as stated in our quotation has to be made in full by the end of the business day – by 16:30pm. If you/customer failing to make a payment by that time, your/customers preferred slot and lead time may be passed on to next customer and to rebook your/customers slot and lead time again, you/customer will have to confirm that with us next business day.
If you/customer do not pay in full for our services, we can withhold or terminate provision of the services.
We can withdraw, cancel or amend a quotation if it has not been accepted by you/customer, and/or not limited to/or if the services have not started, or awaiting payment within a period of 2 days from the date our quotation verbally accepted by you/customer.
No refund will be made once we received payment from you/customer for our services where the fact of payment means you accepted our terms and conditions and confirmed the start of our service supply to you/customer and work has been commenced and our time has been spent.
Our liability under these тerms and conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section. The total amount of our liability is limited to the total amount of information we received from you/customer. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the services or the performance of any of our other obligations under these terms and conditions or the quotation for:
a. any indirect, special or consequential loss, damage, costs, or expenses, or
b. any loss of profits, loss of anticipated profits, loss of business, loss of data, loss of reputation or goodwill, business interruption or other third party claims, or
c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control, or
d. any losses caused directly or indirectly by any failure or your/customers breach in relation to your obligations, or
e. any losses arising directly or indirectly from the choice of services and how they will meet your/customer requirements or your/customer use of the services or any quotes provided in connection with the services.
When supplying the services to the customer, the service provider may gain access to and/or acquire the ability to transfer, store or process personal data of the customer. The parties agree that where such processing of personal data takes place, the customer shall be the 'data controller' and the service provider shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR. The service provider shall only process personal data to the extent reasonably required to enable it to supply the services as mentioned in these terms and conditions or as requested by and agreed with the customer, shall not retain any personal data longer than necessary for the processing and refrain from processing any personal data for its own or for any third party's purposes. The service provider shall not disclose personal data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict 'need-to-know' basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations. The service provider shall implement and maintain technical and organisational security measures as are required to protect personal data processed by the service provider on behalf of the customer.
Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control. Such causes include, but are not limited to: 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.