1. About Us

1.1 TEKA Cleaning Ltd (company number 10570248) is a company registered in England and Wales and has its registered office at Future Business Centre, Cambridge Campus, Kings Hedges Road, Cambridge CB4 2HY. TEKA Services Limited (company number 10574923) is a company registered in England and Wales and its registered office is at Unit 23, St David’s Square, Fengate, Peterborough PE1 5QA. References to “we”, “us” and “our” in these terms are used to refer to either or both of these companies depending on whom your contract is with.

1.2 TEKA Services Limited is registered for VAT. Our VAT number is GB 275947059. Where VAT is chargeable for the supply of services under these terms, this is charged by TEKA Services Limited

1.3 We operate the website www.tekacleaning and www.tekaservices.co.uk. You can find everything you need to know about us and our services on our website before you place a booking. We also confirm the key information to you in writing before you place a booking, either by email, in your online account or on paper.

1.4 To contact us, telephone our customer service team at 01223 751522 or email us at info@tekaservices.co.uk. To give us formal notice of any matter, please follow the process set out in clause 13.2.

2. Our contract with you

2.1 These terms and conditions (Terms) apply to the order by you and the supply of domestic and/or commercial cleaning services, including pre/end of tenancy cleaning services and professional floor cleaning services (Services) by us to you in accordance with these Terms (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade, custom, practice or course of dealing.

2.2 Business and consumer customers will have different rights. For example, business customers cannot cancel their bookings. Compensation is not paid in the same way to businesses for losses caused by us in the provision of the Services. Where a term

applies to just businesses or just to consumers, this is clearly stated. You are a business customer if you are ordering services wholly or mainly for us in connection with your trade, business, craft or profession, even if you are an individual.

2.3 If you are a business customer, these terms constitute the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty made or given by us that is not set out in the Contract and you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

2.4 These Terms and the Contract are made only in the English language.

2.5 You should print off a copy of these Terms or save them to your computer for future reference.

3. Placing a booking and its acceptance

3.1 A booking may be placed by telephone, in person or online using our online booking and enquiry form. Where making a booking online, please follow the onscreen prompts. You may only place a booking using the methods set out on our website. Each booking is an offer by you to buy Services specified subject to these Terms.

3.2 Our booking process allows you to check and amend any errors before placing your booking with us. Please check the booking details carefully before confirming it. You are responsible for ensuring that your booking is complete and accurate.

3.3 We will contact you to confirm we have received your order and will send you an email to accept it (Order Confirmation), at which point and on which date the Contract will come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation and will continue until terminated in accordance with clause 12.

3.4 If we cannot accept your booking we will notify you. This might be because the Services cannot be provided due to a lack of available staff, because a credit reference we have obtained is unsatisfactory, or because you are located outside our delivery areas as stated on our website. When this happens we will let you know as soon as possible and refund any sums you have paid.

3.5 Samples. Any advertising issued by us and any illustrations or descriptions of the Services contained on our website are issued or published for the sole purpose of giving an approximate idea of the services available. They shall not form part of the Contract nor have any contractual force.

3.6 When making an online booking, you are responsible for the selection of your preferred cleaning date. If you have chosen a date and later realize that you need to rearrange your cleaning appointment, we kindly ask you to contact us promptly to request a reschedule. While we will make every effort to accommodate your request, please understand that we may not always be able to do so due to scheduling constraints. Your timely communication is essential in ensuring a smooth and convenient cleaning experience.

3.7 Appointment Adjustments: We make every effort to honour the dates and times you select for your cleaning appointments. However, please be aware that due to high demand and our dedication to serving all our customers, there may be occasions when we need to reschedule your appointment. We will strive to notify you in a timely manner and collaborate with you to arrange a new appointment that suits your schedule. Orders made less than 7 days in advance are more likely to be subject to rescheduling. We appreciate your understanding and recommend booking in advance to secure your preferred cleaning date.

4. Cancelling your booking and obtaining a refund

4.1 Except for the provisions of clauses 4.4 and 4.5, the remainder of this clause 4 clause does not apply to business customers.

4.2 You have the right to change your mind about your booking, to cancel the Contract and receive a refund, if you notify us as set out in clause 4.4. This is subject to the conditions set out in this clause 4.

4.3 You cannot cancel the Contract once we have completed the Services requested or begun providing regular cleaning services. We require 14 days’ notice for the cancellation of any booking for regular cleaning services which have not yet commenced and a minimum of three (3) business days’ notice to cancel any single booking for Services. In all other circumstances, the Contract can be terminated as set out in clause 12.

4.4 To cancel the Contract, you can email us or call our Customer Services team using the details set out above. If you email us, please include details of your booking to help us identify it. If you send your cancellation by email, your cancellation is effective from the date you send us the email.

4.5 Cancellation Charges and Refunds. If you cancel a booking, cancellation charges will apply depending on when the notice of cancellation was received. For cancellations made:

i. more than 72 hours (3 business days) in advance of the booking, no cancellation fee will apply,

ii. between 24-72 hours (1-3 business days) before the booking is due to be fulfilled, a cancellation charge of 50% will be applied for the cancelled booking,

iii. less than 24 hours before the booking is due to be fulfilled, no refund will be made and you will be responsible for payment of the full booking charge.

No refunds will be given where Services cannot be provided where access cannot be gained to the premises and we have not been informed.

4.6 If there is a genuine reason for the cancellation or lack of access, e.g. due to illness or a domestic emergency, and we have not been informed in advance, we reserve the right to alter or waive the cancellation fee in our absolute discretion if the booking is re-arranged for an alternative date and time.

4.7 We will refund you as soon as possible where Services have not been delivered, and within 14 days of you telling us you wish to cancel the Contract.

5. Our services

5.1 Subject to our right to amend the Services to be provided, we will supply the Services to you in accordance with the specifications appearing on our website at the date of your order in all material respects. We may change or stop providing a Service and if we do so, we will inform you of this at least 30 days in advance (60 days for business customers) and refund any sums you have paid in advance for Services which will no longer be provided.

5.2 We reserve the right to amend the Services supplied if required by any applicable statutory or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and we will notify you of this at least 30 days in advance (60 days for business customers) of any such amendment.

5.3 We will provide the Services at the address set out in the Order Confirmation (Delivery Location). In the event that you move to an alternative premises or extend your current premises, please notify us as soon as possible so that we can assess whether we can continue to provide the Services or if a revised specification is required. We are unable to perform the Services at addresses outside the UK.

5.4 Any dates quoted for provision of Services are approximate only, and time is not of the essence for the purposes of this Contract.

5.5 We will not be liable for any delay in delivery of the Services that is caused by an event which is outside of our control or your failure to provide us with any other instructions that are relevant to the delivery of the Services. Where our delivery of the Services is delayed by an event outside of our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. In doing so, we will not be liable to compensate you for the delay but if the delay is likely to be substantial, you can contact our Customer Service Team by calling us on 01223 751 544 or by emailing info@tekaservices.co.uk to end the Contract and obtain a refund for any Services you have paid for in advance but not received, less any reasonable costs we have already incurred.

5.6 We warrant to you that the Services will be provided using reasonable care and skill and we will make every effort to provide competent cleaning staff suitable to your requirements. For:

(a) Domestic cleaning services – all staff are closely vetted through interview procedures and references obtained prior to being introduced to you;

(b) Commercial cleaning services – all staff are either our direct employees and subject to the same checks as for domestic cleaning services under clause 5.6(a) or provided on a sub-contracted basis.

In all circumstances, we will ensure that the cleaning staff have all permits, visas and consents required for the performance of the Contract, including the right to work in the UK, are subject to appropriate confidentiality commitments and carry any proof of identification agreed between us and you whilst at the premises.

5.7 We will provide all cleaning materials and equipment for pre/end of tenancy cleaning services only. We may provide such items for commercial cleaning services if agreed with you but you agree that if specialised equipment is required there will be an additional charge for providing this which will be agreed in advance prior to the booking being placed. Cleaning materials and equipment will not be provided for domestic cleaning services.

5.8 We will use reasonable endeavours to ensure continuity of staff allocated to the Services but this may not always be possible. If you wish to engage a specific member of our staff for an extended period or repeat booking, please notify us as soon as possible and ensure all subsequent bookings are placed directly through us.

5.9 We reserve the right to refuse a booking where the hours requested are excessive or to increase the booking time where additional hours are required to provide the Service. Any increase in booking time will be notified to you in advance.

5.10 If Services are to be provided on a day which is not a working day (being a Saturday, Sunday or public holiday), every effort will be made to re-arrange the Services to an alternative day although this cannot be guaranteed.

5.11 Services do not include the cleaning of any cracked or broken glass or any broken windows which appear to be or are unsafe or dangerous or to carry out any cleaning activities which may result in exposure to unreasonable risk or injury to our employees, agents and subcontractors for which you remain solely responsible. We reserve the right to refuse to provide Services where we consider the premises to be dangerous or present a risk to the health and safety of our employees, agents or subcontractors.

6. Your obligations

6.1 It is your responsibility to ensure that:

(a) the terms of your booking are complete and accurate;

(b) you co-operate with us in all matters relating to the Services and agree to be respectful and courteous to our employees, agents and subcontractors;

(c) you provide us, our employees, agents and subcontractors, with access to your premises, office accommodation and other facilities as reasonably required to provide the Services. If you wish to provide keys to your premises for the purposes of access, this is your responsibility and we accept no responsibility or liability for any loss of keys or unauthorised access outside of the booking;

(d) you provide us with such information and materials as we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects, including accurate details about the property such as number and size of rooms, and overall cleanliness condition;

(e) you prepare your premises for the supply of the Services and agree to:

(i) provide us and our employees, agents and subcontractors with access to an electrical supply, toilet facilities, lighting, waste disposal facilities and running hot and cold water;

(ii) move any heavy furniture or other items at your premises prior to Services being provided – any items which are over 30kg or cannot be moved by a single individual will not be moved;

(iii) secure or remove any fragile, delicate, breakable or valuable items including cash, jewellery, works of art, antiques or items of sentimental value, and any confidential papers;

(iv) clear all space in front of windows and any other glass to be cleaned;

(v) provide any instructions for activating and deactivating any alarm systems and ensure that any keys supplied open locks without difficulty;

(f) for domestic services, you are responsible for ensuring any pets are supervised whilst Services are provided or if unsupervised, are kept in a crate or other secure area;

(g) for commercial services only – you will, if requested, provide suitable secure storage facilities for any materials and equipment to be left at the premises, any such items left at the premises will be at our risk and you agree not to dispose or use any such materials and equipment other than in accordance with our written instructions or authorisation;

(h) for pre-end of tenancy cleaning services, you will ensure that the premises is vacant and all furniture which is not to remain at the premises has been removed in advance;

(i) you obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start, which may include any security passes and parking permits as appropriate;

(j) you satisfy yourself as to the suitability of the cleaning staff supplied to you to provide the Services requested; and

(k) you comply with all applicable laws, including health and safety laws, to ensure that the premises is safe for the Services to be provided and notify us of any unusual hazards in advance of Services being provided.

6.2 You agree and acknowledge that you will not provide details of any of our employees, agents or subcontractors to any third party for the purposes of engaging private work.

6.3 If our ability to perform any of our obligations under the Contract is prevented or delayed by any failure by you to perform any relevant obligation listed in clause 6.1 (Your Default):

(a) without limiting or affecting any other right or remedy available to it, we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of any of our obligations, in each case to the extent Your Default prevents or delays our performance of any of our obligations. In certain circumstances, Your Default may entitle us to terminate the Contract;

(b) we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this clause 6.3; and

(c) it will be your responsibility to reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Your Default.

6.4 You must not attempt to employ, engage or procure services that are competitive with the Services from any of our directors, employees, agents or subcontractors, whether as an employee or on a freelance basis, during the period that we are providing the Services to you and for a period of 12 months following termination of this Contract and you recognise that any breach of this provision will cause loss to us. If we identify that you have employed or engaged any of the persons listed in this clause 6.4 in breach of this agreement, a sum equal to one full year’s basic salary or the annual fee paid to that person (as applicable) plus any recruitment costs incurred by us in recruiting and employing a replacement person will be payable by you to us as a result.

7. Charges

7.1 In consideration of us providing the Services, you are responsible for paying our charges (Charges) in accordance with this clause 7.

7.2 The charges payable are the prices quoted on our website at the time you place your booking. Charges are calculated on a time and materials basis in accordance with our

fee rates and specifications as displayed on our website, taking in account the number of hours, staff numbers and labour costs. We take all reasonable care to ensure that the prices stated are correct at the time when the relevant information was entered into the system, however, please see clause 7.6 for what happens if we discover an error in the price of the Services you ordered.

7.3 If you wish to change your booking after you have received an Order Confirmation from us, and we agree to such change, we reserve the right to modify the Charges accordingly (if required). The revised Charges will apply from the date of the change being agreed and will be in line with the fees stated on our website at that date.

7.4 We reserve the right to increase Charges on an annual basis in line with the percentage increase in the Retail Prices Index in April each year, the first such increase shall take effect in the April following the Commencement Date, i.e. if your Contract begins on 1 March 2023, we reserve the right to increase the charges with effect from April 2023, and such increase shall be based on the latest available figure for the percentage increase in the Retail Prices Index at the date the Charges are reviewed.

7.5 All amounts payable under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time. If the rate of VAT changes between your order date and the date we provide the Service, we will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

Where any taxable supply for VAT purposes is made under the Contract by us, you shall, on receipt of a valid VAT invoice from us, pay such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.

7.6 It is always possible that, despite our best efforts, some of the Services on our website may be incorrectly priced. Where the correct price is less than the price stated on our website, we will charge the lower amount and if the correct price is higher than the price stated on our website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to proceed with your booking at the correct price or cancelling the booking. We will not process your booking until we have your instructions. If we are unable to contact you using the contact details you have provided during the booking process, we will treat the booking as cancelled and notify you in writing. If we mistakenly accept and process your booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel the provision of the Services and refund you any sums you have paid.

8. How to pay

8.1 Payment for Services provided by us to you is payable in advance. We will take your payment on acceptance of your booking. Where Services are provided on a regular basis, we will take subsequent payments monthly in advance on the same date as the first payment is made or the nearest business day thereto.

8.2 You can pay for Services using a debit or credit card or by making a bank transfer. We accept the following cards:

· Visa Debit

· Mastercard Debit

· American Express

All payments are to be made in full and in cleared funds to the bank details provided by us. Invoices must not be settled by making payment to any member of our staff directly.

8.3 In co-operation with Klarna Bank AB (publ), Sveavagen 46, 111 34 Stockholm, Sweden, we are able to offer payment options in accordance with their terms. Payments can be made to Klarna in instalments. Further information about Klarna and Klarna’s user terms can be found by following this link https://www.klarna.com/uk/terms-and-conditions/.

8.4 We will send you electronic invoices only. All invoices will be sent within 10 working days of the beginning of the month following payment. For any failed or cancelled payments, or where we are required to send payment reminders, a £45 administration fee will be charged.

8.5 If we are not able to collect any payment due to us within 7 days of the due date for payment, we will charge interest on the overdue amount at the rate of 8% a year above the Barclays Bank base rate from time to time, and at 8% a year for any period when that base rate is below 0%. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You will pay us the interest together with any overdue amount.

8.6 If you are a business customer, you must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

9. Data protection

9.1 How we use any personal data you give us is set out in our Privacy Notice https://tekaservices.co.uk/privacy-policy/ and https://tekacleaning.co.uk/privacy-policy, the terms of which are incorporated into this Contract.

9.2 We will use any personal information you provide to us to:

(a) provide the Services;

(b) process your payment; and

(c) inform you about similar Services that we provide, but you may stop receiving these at any time by contacting us.

10. Confidentiality

10.1 We each undertake that we will not at any time disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the other except as permitted by clause 10.2.

10.2 We may each disclose the other’s confidential information:

(a) to such of our respective employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our obligations under or in connection with the Contract. We will each ensure that our employees, officers, representatives or advisers comply with this clause 10; and

(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

10.3 Each of us may only use the other’s confidential information for the purpose of exercising our rights and performing our obligations under or in connection with this Contract.

11. Limitation of liability: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

11.1 We have obtained insurance cover in respect of our own legal liability for claims up to a total limit of:

(a) £5,000,000 for public and product liability; and

(b) £10,000,000 for employers liability.

The limits and exclusions in this clause reflect the insurance cover we have been able to arrange, and you are responsible for making your own arrangements for the insurance of any excess loss. Any damage to property must be notified to us in writing within 48 hours of the occurrence providing full details of the damage and evidence of the same. Insurance is not held for minor accidents and a £250 excess charge will be applied for any claim made.

11.2 Where Services include carpet cleaning and moving of furniture:

(a) We shall not be liable for any colour run, shrinkage, damage or deterioration in the fabric or colour due to normal wear, fade or spillages. We will take all reasonable steps to remove stains but will not be liable for any reaction of the cleaning process on carpet fibres nor when the nature of the stain has not been disclosed by you. Liability for damage to carpets shall only be incurred where a written complaint has been made to us within 7 days of the cleaning service being carried out.

(b) When requesting carpet cleaning, if you opt to have furniture moved, our staff will exercise care to ensure safe handling. However, we want to clarify that it’s not our responsibility to cover damages that may occur during the furniture movement. Any damages, repairs, or losses incurred while moving furniture are the customer’s responsibility. By choosing TEKA for your carpet cleaning with furniture movement, you accept full liability for any such damage, repairs, or losses related to the movement of furniture.

(c) For items weighing over 30kg or those that cannot be moved by a single individual, we may require the assistance of additional staff members to safely move these items. Our staff reserves the right to refuse moving any item that exceeds the specified weight limit or requires multiple people to move, or if they feel uncomfortable or unable to safely handle the item.

11.3 Our liability to consumers. We are responsible for losses you suffer caused by us breaking this Contract unless the loss is:

(a) Unexpected – it was not obvious that the loss would happen and nothing you said to us before we accepted the order meant we should have expected it (i.e. it was unforeseeable);

(b) Caused by an event outside of our control, provided we have taken the steps set out in clause 5.5;

(c) Avoidable – something you could have avoided by taking reasonable action e.g. correctly following any storage or usage instructions before using the products supplied; or

(d) A business loss – our liability will be limited as set out in clause 11.5.

11.4 Our liability to businesses. If you are a business customer then, except in relation to the losses set out in clause 11.6:

(a) We will not be liable to you, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

(b) Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise shall be limited to £1,000,000.

11.5 Losses which cannot be excluded. Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982; or

(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.

11.6 We have given commitments as to compliance of the Services with the specifications set out on our website in this Contract. In view of those commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

11.7 We accept no liability for any breakages unless notified to us within 24 hours following the date on which Services are provided. In the event of a breakage for which we accept responsibility, we shall, at our option and as your sole remedy, either repair the item at our cost or credit you with the item’s present actual cash value against our next invoice.

11.8 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of you having grounds to make a claim in respect of the event and shall expire 6 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

11.9 Neither party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.

11.10 Whilst every care is taken by our employees, agents and subcontractors, we will not be liable for any costs or losses incurred as a result of:

(a) accidental errors in setting or un-setting alarm systems where these are installed at your premises and the relevant codes are provided to our employees, agents and subcontractors to gain access to provide the Services, save where this arises through the wilful default or negligence of our employees, agents or subcontractors;

(b) any equipment or cleaning products provided by you; and

(c) your failure to properly seal any surfaces to be cleaned 11.12 This clause 11 shall survive termination of the Contract.

12. Termination

12.1 If you are a consumer and wish to cancel your Contract for ongoing Services, we require a minimum of 1 month’s written notice to be given to us in accordance with clause 13.2. There is no minimum time period for which the Contract is in place and you may also exercise your right to cancel this Contract as set out in clause 4.

12.2 For business customers, unless otherwise expressly agreed in writing, the Contract is for a minimum period of 12 months from the Commencement Date and shall continue to auto-renew on each anniversary of the Commencement Date for a further period of 12 months until either of us gives to the other not less than 2 months’ written notice to end the Contract, such notice to expire at the end the day before the next anniversary of the Commencement Date.

12.3 Without affecting any of our other rights or remedies, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:

(a) you commit a material breach of term of the Contract and (if such breach is remediable) fails to remedy that breach within 7 days of you receiving notice in writing to do so;

(b) you do not provide us with information, co-operation or access that we need to provide the Services to you;

(c) you fail to pay any amount due under the Contract on the due date for payment; or

(d) in the case of a business customer only:

(i) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;

(ii) you suspend, or threaten to suspend, or cease or threaten to cease to carry on all or a substantial part of your business; or

(iii) your financial position deteriorates so far as to reasonably justify the opinion that your ability to give effect to the terms of the Contract is in jeopardy.

12.4 Without affecting any of our other rights or remedies, we may suspend the supply of Services under the Contract or any other contract between us if you fail to pay any amount due under the Contract on the due date for payment, you become subject to any of the events listed in clause 12.3(d), or we reasonably believe that you are about to become subject to any of them.

12.5 On termination of the Contract:

(a) you will immediately pay to us all outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, we

will submit an invoice, which shall be payable by you immediately on receipt; and

(b) for business customer only, you will return all materials and equipment which may be stored by us at your premises. If you fail to do so, then we may enter your premises and take possession of them. Until they have been returned, you will be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract.

12.6 Termination of the Contract shall not affect your or our rights, remedies, obligations and liabilities that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.

12.7 Any provision of the Contract that expressly or by implication is intended to have effect after termination shall continue in full force and effect.

13. Communications between us

13.1 When we refer to “in writing” in these Terms, this includes email.

13.2 Any notice or other communication given by one of us to the other under or in connection with this Contract must be in writing and be delivered by hand, by pre-paid first-class post or other next working day delivery service or sent by email.

13.3 A notice of other communication is deemed to have been received:

(a) if delivered by hand, at the time the notice is left at the proper address;

(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or

(c) if sent by email, at the time of transmission.

13.4 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

14. Complaints

We will do our best to resolve any problems you have with us or the Services provided as per our complaints policy.

We would always prefer to work with you to resolve any issues and ask that in the first instance you notify any complaints to our main office by email to info@tekaservices.co.uk with the subject title “COMPLAINTS” as soon as practicable. In

the absence of any such notification, we will assume that the Services have been provided to your satisfaction.

15. General

15.1 Assignment and other dealings

(a) We may assign or transfer our rights and obligations under the Contract to another organisation to supply our services to you but will always notify you of this. If you are a consumer, we will ensure that the transfer will not affect your rights under the Contract.

(b) You may only assign or transfer your rights or obligations under the Contract to someone else if we agree to this. If you are a consumer we may not agree if there are unpaid sums due to us. If you are a business, you need our agreement to transfer your Contract with us and it is in our discretion whether we give it or not.

15.2 Severance. Each paragraph of these Terms operate separately. If any court or relevant authority decide that any of them is unlawful or unenforceable, the remaining paragraphs will be unaffected and continue to apply with full force and effect.

15.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we automatically waive any right related to any later default by you.

15.4 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between us, constitute either of us the agent of the other, or authorise either you or us to make or enter into any commitments for or on behalf of the other.

15.5 Joint liability. Unless expressly agreed in writing, where we are engaged by you in your capacity as a managing agent on behalf of a third party, your obligations shall be deemed to be joint and several with the third party on whose behalf you are appointed, and you shall together be deemed to be our customer for the purposes of this agreement.

15.6 Third party rights. Unless it expressly states otherwise, the Contract is between you and us. No other person has any rights to enforce any of it terms under the Contracts (Rights of Third Parties) Act 1999

15.7 Variation. Any variation of the Contract only has effect if it is agreed in writing and signed by you and us (or our authorised representatives).

15.8 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.