Terms & Conditions

‘We’, ‘Us’, ‘The Services’, ‘The Contractor’, ‘Contractor’, ‘Work’, ‘Works’ and ‘our’ means The Shires Professional Decorating Ltd. ‘You’, ‘The Client’, ‘Client, ‘Your’ & ‘The customer’, ‘They’, ‘Their’, ‘Them’, ‘He’, and ‘She’ means the person who formally requested the services and is to enter into this contract willingly and with the capacity to make appropriate decisions and with good will intentions to follow fairly and lawfully. ‘The party’, ‘The Parties’, ‘Both parties’ means the attention of both the client and the contractor.

PLEASE READ THIS CONTRACT OF SERVICES AND ITS TERMS AND CONDITIONS CAREFULLY -

BY USING THE SERVICES OF THE SHIRES PROFESSIONAL DECORATING, THE TRADING NAME OF THE SHIRES PROFESSIONAL DECORATING LTD.

YOU ARE ENTERING INTO A CONTRACT WITH US AND AGREEING TO ACCEPT AND FOLLOW THE TERMS AND CONDITIONS SET OUT BELOW.

THIS CONTRACT IS FOR THE ATTENTION OF THE CLIENT WHO REQUESTED THE QUOTATION / ESTIMATE.

The Contract of services is for the attention of the person who requested the quote / estimate and enters this contract. If the person who requested our services wishes to have another person(s) speak or manage this contract on their behalf, then this must be mentioned in writing prior to signing the contract.

Please ensure that you fully understand & feel satisfied to sign this contract.

Ensure that you can afford the costs and have means to pay what is set out below including any additional fees (if any) set out in this contract, unforeseen circumstances (should one occur) or additional services. Failure to do so could see the termination of the project, an unsatisfactory finish and/or some costs will still to be owed.

This contract is reviewed every six months by an independent body (legal & trading standards professionals) to ensure that it remains fair, safe & lawful to both parties.

Terms & Conditions of this contract

The terms & conditions in this document (the “Terms”) will begin on the date of this contract and will remain in full force and effect until the completion of the services. Subject to early termination as explained in this contract. The terms of this contract may be extended by mutual written agreement of the parties. The client agrees upon signing this contract to work within all policies, guidelines & framework created by contractor. The agreed final quote/estimate represents the first stage in this written contract for the exact work to be completed at the price quoted/estimated & documented above, on the basis that no unforeseen circumstances or another circumstance occur that would then require additional amendments to this contract and original quote/estimate.

The Contract

 Any agreement verbally is not covered by this contract unless it has been written into this contract by the means of a contract amendment form.

The contract is made between The Shires Professional Decorating Ltd and the client. The client is identified as the person who is requested the quotation/estimate. 

The Shires Professional Decorating Ltd will not enter into any dialog, accept any requests or communicate in any way with anyone other than client except where the client has provided written permission that allows them to do so before or during this contract.

The acceptance of the quote/estimate electronically or by any other means signifies a full acceptance and commitment to accept the terms and conditions. 

Please check you quotation/estimate carefully. 

Scope of quoted work, the quote/estimate written by The Shires Professional Decorating Ltd for the client represents the requests of the client. It is not a builder’s survey and will not be held liable for any task that is not included in the written quote/estimate or within the services provided statement of this contract. 

Conditions of existing walls and ceilings: Unless specifically mentioned, no provision is made for repair of plastering beneath papered walls or ceilings permanent fixtures like radiator or built in furniture. This includes surfaces covered by large furniture at the quotation/estimate stage. It will be assumed that such plastering or wall conditions is suitable to take treatment specified in the services provided statement. Similarly, the costs of repair and renewals of any defects that are visible at the time of estimating will be chargeable, unless allowance for such items is included within this contract. It is the responsibility of the client to speak up before the signing of this contract and at the quote stage if they are aware of any potential defects that cannot be visible to The Shires Professional Decorating Ltd at the time of the first consultation. The client agrees to accept these terms when signing. Deliberately deceiving the contractor will see the contract and services stopped with money still be owed up to the point of stopping at the rate of £250.00 a day.

Unless otherwise stated in the services provided statement, the contractor will not paint any radiators, pipework, plastics, UPVC or doors. If this is a requirement then please speak to the contractor to receive a quote. 

The contractor has the right to withdraw from the services at any point if they feel that they or their staff is in any form of physical or emotional harm including any risks or breaches to Health & Safety.

The Quote / Estimate

The quote/estimate is valid for 20 days from the date stated on the quote/estimate document. After which, the quote/estimate is subject to change both the materials & services. This also includes the terms & conditions on the document, website an in this contract. 

Please appreciate that inflation increases & decreases, this affects our industry often and both the cost of materials and services may reflect the current inflation rates. 

The contractor can withdraw the quote/estimate any time without notice & reason before the signing of this contract. 

The quote/estimate document is subject to change at any time during the project, this can be due to unforeseen circumstances, inaccessibility, personal (the client & contractor) or professional reasons (not limited to these reasons). 

The business WILL NOT offer discounts for cash payments or for incentivising positives reviews. Discounts offered before or during the services can be withdrawn if the contractor finds any form of deception from the client to reduce the cost originally. This can lead to service termination.  

Failure to not pay or to not accept quote/estimate for any unforeseen circumstances or poor conditioned substrates not visible during the consultation or after wallpaper removal, new plastered substrates could lead to into an unsatisfactory finish, The contractor can only work within the budget and should an unforeseen circumstance occur should be quoted for materials and services appropriately.  

Wallpaper removal: Unless the quote/estimate states otherwise (skimming) the compnay willl assume that the substrate beneath the wallpaper is a Gypsum based plaster & in sound condition, defect free. Please speak to us if you are unsure. 

Cancellation, rescheduling

A 14-day cooling will apply on the day of the signing this contract or up to starting the project (whichever comes first) please consider this before signing. 

In an event of the client cancelling, the client agrees to notify the company 28 days before the estimated start date or as soon ‘as reasonably possible’ in writing (email or letter only) phone calls or text, social media messages will not be accepted as a reasonable form of communication on this matter. To cancel, please email info@theshiresdecorating.co.uk with your quote reference number as the subject heading. 

The client will be given the opportunity to rebook within an 8-week period from the date of cancellation. 

Postponement of scheduled services rather than cancellation is acceptable only if the rescheduled date is bona fide and within 8 weeks of the initial date scheduled. Should further postponement occur, it will be deemed to have cancelled the services by the contractor.

he contractor has a right to recover any businesses losses due short notice cancellations. If the contractor is not notified of the cancellation in good time (7 days or less before start date) then the client agrees to pay any administration (admin) fees, loss of work and scheduling costs no less than the deposit amount of the quoted/estimate. 

In an event of the contractor cancelling then an option of a new date will be given, or any deposits taken will be refunded in full by bank transfer. If the contractor is rescheduling, then a new start date will be given as soon as reasonably possible. If the client cancels and wishes to rebook, then it is the responsibility of the client to do this. The contractor regrets that they will not follow this up, if the client fails to rebook within 8 weeks of cancellation, then will lose any deposit they have paid. The client agrees to this term when signing.

Reasonable adjustments & vulnerable people

Reasonable adjustment is defined as changes an individual makes to remove or reduce a disadvantage related to someone. Reasonable Adjustments may be required for the Client.  An example of reasonable adjustments is the contractor moving heavy furniture to because the client is unable to due to recently having abdominal surgery. If the client on this agreement requires reasonable adjustments, then they are encouraged to inform the contractor either by writing them on page 2 or as soon as possible so the business can support the client where appropriate. 

Facilities

The contractor will require the use of water (hot and cold) whilst carrying out the project. The client is expected to ensure that adequate facilities are available throughout the project. The contractor will not reduce the quote as a result of using the client’s electricity, water or heating. 

The contract will require the use of electricity whilst the project is ongoing. The client is expected to ensure that the contractor has access to electricity were reasonably possible. 

The contractor will require the use of functional toilet facilities. The client is expected to ensure that contractor has access to a functional toilet facility were reasonably practicable. 

Projects that require a building control officer (BCO): If a client refuses to hire a BCO then this would be an instant termination of the services and this contract. If they client withdraws a BCO during the services, then the contractor will stop the services until a new BCO is appointed. If a new BCO is not found within 7 days, then this will terminate the services and this contract. Additional termination fees will also be included.

The contractor will not shut off electricity or water without prior permission from the client first

he contractor will require the access to heating controls, to support the paint application process. 

Contractor will follow appropriate statutes & regulations in England & Wales

The contractor is a registered company in England & Wales and therefore must comply with statutes. These will include Health and Safety, Employment, consumer and contracts. If the client requests the contractor to perform tasks outside the statutes or regulations in England & Wales, the contractor will respectfully decline. If the client continues to put pressure on the contractor to break any statutes or regulations, then this will see the contractor withdraw from the services and terminate the contract. 

Use of power equipment & provision use of work equipment regulation 1998 (PUWER)

The contractor uses L class dust extractors to minimise the amount of dust particles in the air when working. The contractor will take great care in providing as close to a dustless service as possible, but we cannot guarantee a 100% dustless environment at this time. The contractor uses power tools to carry out the service and at times can be slightly louder. The contractor will aim to be as affective and quick as possible to reduce the noise pollution. Noise level is aimed below 75dbs although at times this may increase for short periods of time. 

Complaint policy/procedure

If a complaint either formal or informal is made either directly to the Contractor or a legal representative payment will still be required in full for completed work on completion of the work detailed above being completed, including any additional payment fees (if applicable). The contractor will resolve the complaint in accordance with their complaint policy. 

To raise a formal complaint the client must fill in a complaint form on the Contractors website which can be found here: https://www.theshiresdecorating.co.uk/complaints/.

The contractor’s complaint management system aims to:

• Allow them to respond to questions raised by people who file a complaint in a timely and cost-effective manner.
• Find the best resolution for both parties in a time frame that does not cause any additional inconvenience (where applicable).
• Increase client confidence in the contractor’s administrative and practical process, and
• Provide information that the contractor can use to improve the quality of their services, staff, and complaint handling.
   
• The contractor will always hope that disputes can be resolved at the lowest possible level. However, if the complaint cannot be resolved by any of the methods outlined in the contractor’s complaint policy, the client may wish to obtain legal advice and/or explore other legal remedies which may be available to them. Information about a Clients legal right as a consumer can be found on the Citizens Advice Bureau website.

If legal actions are taken it will be resolved through the court system and compensation if appropriate will be handled upon conclusion of the case. The contractor’s complaint policy statement is available online at decoforce.co.uk/complaints. 

The contractor has access to an Alternative Dispute Resolution (ADR) service for our domestic services, repair, and maintenance contracts as part of the Which? Trusted Traders endorsement. If the client chooses to, they can refer your complaint to Which? Trusted Traders’ Alternative Dispute Resolution. The client will need to contact Which? Trusted Traders on 02922 670 040 who can explain if you are eligible to use their Alternative Dispute Resolution service.

Abuse, violence, civil disputes & defamation

The parties do not accept or tolerate any form of abuse (physical or verbal) or violence in any form whether directly or indirectly including any derogatory remarks regarding the protected characteristics within the Equality Act 2010 (but not limited too). If abuse or violence occurs during the contract, then either party can withdraw from the contract and if necessary, will seek civil recovery for any damaged, stolen equipment that belongs to them (including materials used and/or quoted for). 

The business will also seek legal actions for any loss of earnings due to abuse or violence. The Contractor agrees to achieve the highest standards of the service, The client is encouraged to speak up if they are not satisfied with the contractor’s workmanship. Quality of materials are at the risk of the manufacturer and not the contractor. The contractor will recommend the best products suited for the client during the consultations but is the responsibility of the client to understand the difference of quality if they decide to go against the advice of the contractor.

The Contractor has a duty of care and therefore agrees to take responsibility of their workmanship and where possible turn wrong to right as reasonably and practically as possible. Where a civil dispute is unresolved both parties should consider legal advice, an independent ombudsman service and if necessary, attend a UK court to resolve the matter. 

The contractor will always pursue for the highest charges on any form or violence, damage or abuse (in all forms either directly or indirectly) aimed at our staff, equipment and business.

Defamation Act 2013 states that “a statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant” & “harm to the reputation of a body that trades for profit (the contractor) is not “serious harm” unless it has caused or is likely to cause the body serious financial loss”.  This including any social media posts, media, private messages, letters & images.

Defamation in any form (libel or slander) will not be tolerated by either party until a dispute is heard through a UK court. Both parties should seek legal action if defamation occurs before one has the right to mend any wrongdoing before a court. The business will also pursue for the highest charges for any defamation towards them (in any form) that has not been heard before a UK court first. This includes any social media posts/comments, any online platform forums, verbally. 

Unforeseen Circumstances

Unforeseen Circumstances is defined as ‘Not predicted or unexpected occurrence. Due to the nature of the contractor’s services, there may be times where they encounter unforeseen circumstances. This can be problematic and not necessarily either party’s fault. If unforeseen circumstance occurs and hinders the development of the services or health of others or additional recourses required, then the contractor must first seek the opinion of the client. From there both parties can agree on the right decision together in writing this may involve adjusting the contract and the original quote to complete the services. Unforeseen circumstance may result in additional price increase to overcome the potential issue(s) and therefore this must be considered before signing the contract. The client can decide not to remedy the unforeseen and refuse the contractor quote however, the circumstances may prevent the business from meeting British Standards in their field or prevents the project from progressing. 

The finish may also be affected, until this is resolved then the client is still responsible for the sum of the quote stated on this contract including additional fees. This will be payable once up to the time worked to the value of £270.00 a day if the contractor cannot continue due to the client decision not to move forward to attending the unforeseen issue(s). A common unforeseen circumstance is the porosity of the substrate and previous trades work. An example to resolve an unforeseen on porous substrates would be to provide a quote for more paint.