Terms & Conditions
Company Advertising LTD – Terms and Conditions
The Services offered by Company Advertising LTD T/A Fogging London (The Introducer) (as defined below) can only be used by Website Users who have accepted them unconditionally by using The Introducers Website. It is not possible to proceed with the use of The Introducers Website without this acceptance. The Website User undertakes to fulfil the obligations contained within these Terms and Conditions. The agreement between the Website User and The Introducer comes into force as soon as The Website User uses The Introducers Website. The Terms and Conditions are made readily available on The Introducers Website. The Website User should save and/or print a copy of these Terms and Conditions for future reference. These Terms and Conditions apply to the offering and provision of Services by Company Advertising LTD. These Terms and Conditions are subject to the Agreement which is made available to the Website User and which the Website User also accepts the very moment that they use The Introducers Website.
It is the Website User’s responsibility to familiarise themselves with The Introducers Terms and Conditions. The Agreement applies to all new Website Users and existing Website Users and is effective from 03rd August 2020. The Company Advertising LTD brand and www.fogginglondon.co.uk and respective Website is wholly owned by Company Advertising LTD. This Agreement is deemed to be an Agreement between the “Website User” and “The Introducer”.
These Terms and Conditions can be changed by Company Advertising LTD at any time without prior notice and are with respect to the Services provided by Company Advertising LTD, hereinafter referred to as the “Service”. Whereas, The Introducer is a supplier of leads to third party Service Providers; whereas, you, the Website User wishes us, The Introducer, to pass your details to these third party Service Providers so they can contact you in relation to Work that you require to be done for you, therefore, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows:
1.1 “Agreement” means an Agreement, by all Website Users, to The Introducers Terms and conditions.
1.2 “Charges” means any Charges as set out in any Quotation and confirmed by any Order; and/or the third-party Service Providers published price list or tariff structure in force at the time of any Order with any Service Provider.
1.3 “Contract” means a Contract, subject to any third-party Service Providers Terms and conditions, for the provision of any Services to the Website User by any third-party Service Provider.
1.4 “Confidential Information” means all Information designated as such by either party in writing together or Information which may reasonably
be regarded the Confidential Information of the disclosing party.
1.5 “Charges” and/or “Invoices” means Invoices raised and Charges made by the Service Provider for any Services provided pursuant to any Contract and/or agreement between the Website User and the Service Provider.
1.6 “Order” means an Order in respect of any Services requested by the Website User and submitted to the third-party Service Provider.
1.7 “Quotation” means a Quotation for any agreed supply of services (incorporating any Service Providers Terms and conditions) provided by the third-party Service Provider to the Website User in respect of any Services provided.
1.8 “Service Provider” means the company, business or self-employed individual undertaking the quoting of and/or provision of any services to the Website User.
1.9 “Services” means the introducing Service provided by The Introducer which are the subject matter of these Terms and Conditions.
1.10 “Terms and Conditions” These Terms and Conditions.
1.11 “The Introducer” is, Company Advertising LTD company number 11587428, registered office is: Central Chambers, 227 London Road, Hadleigh, Essex, SS7 2RF.
1.12 “Website User” means any member of the public accessing The Introducers Website via the Internet or by any other means, for any reason, including, however not limited to, wishing to be introduced to a third party Service Provider by The Introducer and/or purchasing and/or using the services provided by any third-party Service Provider.
1.13 “Website” means the Website developed and operated by The Introducer for the purpose of introducing the Website User to third
party Service Providers.
1.14 “Work” means, however is not limited to, the Work carried out by the third-party Service Provider on behalf of the Website User.
2. Confidential Information
2.1 The Website User and The Introducer may disclose Confidential Information one to the other to facilitate Work under this Agreement. Such Information shall be so identified in writing at the time of its transmittal and shall be safe guarded and not disclosed to any third parties other than for the purpose of introducing the Website User to third parties in relation to the Work that the Website User requires to be carried out.
3.1 Company Advertising LTD is a lead generation company. Further to receiving a Website enquiry from the Website User, The Introducer will immediately provide the Website Users information to selected Service Providers, as agreed.
4.1 Your Agreement commences with The Introducer when you use their Website. The Introducer will provide to the Website User, an introductory service where they will pass your information to the potential Service Provider who may contact you to discuss the possibility of undertaking any work for you. Any Order that you choose to place with the Service Provider is over and above any agreement with The Introducer. Any Order placed with a Service Provider may involve a legally binding Order and Contract with that Service Provider.
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4.2 The Agreement is deemed business to consumer which is made in line with the distance and direct sales guidelines as laid down by the Office of Fair Trading.
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4.3 The Introducers motive is to introduce, to the Website User, potential Service Providers only. The Introducer undertakes to use their reasonable endeavours to introduce you to credible and reliable Service providers. The Introducer accepts no liability, whatsoever, to the Website User in relation to any service that is provided to the Website User by any third-party Service Provider that is introduced to the Website User by The Introducer.
4.4 It is the Website Users responsibility to perform due diligence to ensure that any Service Provider is licenced and regulated (If required) to perform the duties that are to be carried out on behalf of the Website User.
4.5 It is the Website Users responsibility to ensure that they have read and understood any third-party Service Providers Terms and conditions and are happy to proceed with any order of services as a derivative of reading and understanding any such Terms and conditions.
5.1 The Introducer will charge no money whatsoever to the Website User for any introductory services that the Website User utilises.
5.2 Any order of services that the Website User places with any third-party Service Provider, that is introduced to the Website User by the Introducer, is placed directly with the Service Provider and not with The Introducer. Any Charges and/or Invoices that are payable and due to the Service Provider as a derivative of any order that has been placed for services to be provided by the Service Provider to the Website User, are to be paid directly to the Service Provider and not to the Introducer. The Introducer accepts no liability, whatsoever, to the Website User in relation to any charges and/or invoices that are issued to the Website User by any third-party Service Provider that is introduced to the Website User by The Introducer.
5.3 It is the Website Users responsibility to perform due diligence to ensure that any Service Provider is credible and solvent and any payments made to the Service Provider, reach the Service Provider, where the Introducer accepts no liability whatsoever for any ‘scam’ and/or ‘fraud’ by any third party.
5.4 Any prices that may be shown on the Website are ‘indicative’ only and are not to be deemed as definitive quotes and may not reflect true costs of any service to be provided.
6. Delivery and Completion Dates
6.1 The Introducer accepts no liability, whatsoever, to the Website User in relation to any delivery and/or completion dates that is delivered to the Website User by any third-party Service Provider that is introduced to the Website User by The Introducer.
6.2 The dates and timeframes for carrying out the Services and delivery of any Work by the Service Provider are deemed the responsibility of the Service Provider and not the Introducer.
6.3 The Introducer will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform any service by the Service Provider.
7.1 The Introducer accepts no liability, whatsoever, to the Website User in relation to any service that is provided to the Website User by any third-party Service Provider that is introduced to the Website User by The Introducer.
7.2 The Introducer including (but not limited to) any of their associates and/or partners make no guarantee whatsoever to secure outcomes further to the Services provided by The Introducer.
7.3 Any statistics that are provided to the Website User by The Introducer are approximate only and based on statistics available at the time.
7.4 It is the Website Users responsibility to ensure that they vet any person and/or organisation that they choose to do business with and ensure that they ask for identification and use all general precautions prior to allowing any third party into their home.
8. Responsibility for Approving Completed Work
8.1 The Website User acknowledges and agrees that they have the entire responsibility to approve completed Work carried out by the Service Provider and not The Introducer.
8.2 The Introducer shall have no liability to the Website User for any Work carried out whatsoever by any Service Provider.
9.1 Any complaint in relation to the operation of the Website can be sent to the form available on the Website.
9.2 Any complaint in relation to any form of dealings with any third-party Service provider must be directed to the Service provider directly. It is to be noted that as the Terms and conditions for the work are as agreed between you and the Service Provider, which we are not party to, any dispute or conflict in relation to the condition, quality of cost of the Work, or the way it was completed is ultimately the Website Users responsibility. We are under no obligation to provide you with a refund and/or compensation.
10. Recorded Telephone Calls
10.1 The Website User agrees that The Introducer will record selected telephone calls for the purpose of, but not limited to, training, marketing and dispute resolution.
10.2 The Website User authorises The Introducer to use the recorded telephone calls as seen fit and if required provide them to third parties for the purpose of, however not limited to, gaining an understanding of services that are required to be supplied, training, marketing and dispute resolution.
11. The Website
11.1 The content on the Website is provided for general information only. It is not intended as advice on which you should rely upon. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on the Website.
11.2 The Introducer endeavours to keep the Website current, however, can make no representations, warranties or guarantees, whether expressed or implied, that the content on the Website is accurate, valid, complete or up to date.
11.3 The Introducer is not responsible if the Website User cannot access or use the Website due to the failure of any machine, data processing system or transmission link, any period of maintenance, change, repairs, alteration to or failure of computer systems, any industrial dispute or anything beyond The Introducers reasonable control or beyond that of its agents, affiliates and/or suppliers.
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12. Website links to other websites
12.1 The Introducer is not responsible for websites that they link to.
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
12.2 The Introducer has no control over the content on those websites or resources therein and will not accept any responsibility or liability for any website in this regard.
13.1 The Website User shall indemnify The Introducer against any loss, damage, cost or expense (including reasonable solicitors’ fees and expenses) that Website User may suffer or incur as a result of any claim by any third party.
13.2 The Introducer shall not be liable to the Website User for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the use of the Introducers Website and/or by using the services of any Service Provider introduced to the Website User by the Introducer.
14. Indemnity and Limitation of Liability
14.1 The Website User shall indemnify The Introducer against any loss, cost or expense incurred by Website User arising from any act by any third-party.
14.2 The Introducer will not be liable to the Website User in Contract, tort (including but not limited to negligence), misrepresentation or otherwise for any economic loss of any kind (including but not limited to loss of profit, business, contracts, revenue or anticipated savings), any damage to the Website Users reputation or goodwill or any other special, indirect or consequential loss (whatsoever and howsoever caused) which arise out of or
in connection with any dealing with any third party.
14.3 Nothing in these Terms limits The Introducers liability for death or personal injury caused by their negligence, fraud, or fraudulent
misrepresentation or for any matter that they cannot exclude or limit as a matter of law. The Introducer provides the Website free of any charge and on an “as is” basis. We introduce Website Users to third-party Service Providers to provide the services described on the website and are not responsible or liable for the end services that are provided in any way, shape, or form.
Therefore, to the extent permitted by law: (a) we disclaim any warranties, express or implied; and (b) other than as set out above, we are not liable for any loss or damage — direct or indirect and whether arising in contract, tort, or otherwise — even if we have been advised of the possibility of this loss or damage.
These limitations do not 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.
15. Intellectual Property Rights
15.1 The copyright, trademarks and all other intellectual property rights in the material contained on this website belong to The Introducer. 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.
15.2 Website Users are permitted to use this material or content only as expressly authorised in writing by us or our licensors. Y“ ou 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 any Website Users becomes aware of any such distribution or commercial exploitation, you agree to notify The Introducer immediately. 15.3 The images, logos and names on this website are to identify The Introducer and its services. Nothing on The Introducers website gives anyone any licence or right to use any image, logo or name.
16.1 The invalidity, illegality, or unenforceability of any provision of these conditions should not affect the other conditions.
17.1 The Introducer may publish or disclose Information regarding the Services required by the Website User and may mention the Website User in any such publication.
17.2 The Website User will not use the name of The Introducer, in any advertising or publicity without the prior written approval from The Introducer.
18. Copyright Notice
18.1 Copyright is in The Introducer’s name.
19. No Further Contact
19.1 In the event that the Website User no longer wishes to be contacted in relation to services by Service Providers, it is the responsibility of the Website User to contact relevant Service providers to inform them of their wishes and not the responsibility of The Introducer.
20. Independent Parties
20.1 The Website User and The Introducer are independent parties and nothing in this Agreement shall constitute either party as the Service Provider, employer, principal or partner of or joint venture with the other party.
20.2 Neither the Website User nor The Introducer has any authority to assume or create any obligation or liability, either expressed or implied, on behalf of the other.
30. Law and Jurisdiction
30.1 The Contract shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.