Contractors Terms by Clauses
Here are the terms you agree to when accepting EPHG's clients details
The terms written out below are only additional terms to your understanding of the clients terms by clicking here.
1. ACCEPTANCE OF THE CONTRACTORS TERMS
- 1.1 - By accepting the text message/email sent to you stating ‘By accepting this job, you acknowledge and accept the contractors terms on this website and this website alone.
- 1.2 - If you disagree with these terms, you must let us know before accepting the job and then not attend the job sent over to you by text or email.
- 1.3 - By accepting a text message/email with job details, you also accept that we will store your details on file for up to 6 years or more.
- 1.4 - By filling in the contractors engineer form, you also accept for us to store your details on the ‘EP’ App or the ‘EPHG Limited’ App and we will use the details to contact you from time to time.
- 2.1 - “EP” App meaning Emergency Plumber App and is an App that stores your name and your phone number with a symbol green for 'ON' call and a symbol red for 'OFF' call.
- 2.2 - “EPHG Limited” App meaning Electrical, Plumbing, Heating and Gas Engineer and is an App that stores your name, address, email address, picture, phone numbers and what you do. The function of this app is to allow us to see where you are in the world with 'On' & 'OFF' GPS location and also includes an 'On' & 'OFF' switch to turn yourself 'On' & 'OFF' call.
- 2.3 - “Client” meaning customer and a person of whom has made a booking with EPHG and can be referred to as ‘EPHG’s Client’ where “EPHG’s Client’ will be refereed to also as the ‘contractors client or customer’.
- 2.4 - “Durable Medium” meaning of content/wording accepted by a written format for example a text message, email or paper form.
- 2.5 - “You” meaning the contractor who agrees to attend the job and MUST not be an alternative contractor unless agreed otherwise, so that we could let the client know who is attending.
3. PAYMENTS & FIRST HOURS LABOUR PLUS PARTS
- 3.1 - You fully understand that EPHG’s client will be paying you after the completion of the first job and within an agreed time frame between you and the client.
- 3.2 - You fully understand that you can request the payment at the end of the first job and the client has the rights to pay you within 14 days of the receipt of the client receiving the invoice and;.
- 3.2.1 - You are fully aware of the pre-action protocol before chasing a debt reference https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf
- 3.3 - You agree that when billing the customer, that the fee you charge them is called the Labour cost and not the call out fee.
- 3.4 - You accept that EPHG are not responsible for their clients not paying you and any debts between you and EPHG’s clients are solely between you and EPHG’s clients.
- 3.5 - You are fully aware that you MUST not accept cash as your only source of payment and you MUST also accept another means of currency such as a bank transfer or Cheques.
- 3.6 - You understand that you can also request a card payment, PayPal or other types of currencies not included in clause 3.4, but you MUST not force clause 3.5 as a reasonable means of payment.
- 3.7 - If the contractors customer does not have means of immediate payment, then an invoice MUST be left for the customer to make payment within 14 days.
- 3.8 - You understand that without further agreement, you can only request for what has been agreed in regards to the first hours Labour plus materials.
- 3.9 - The cost of the materials MUST not be no more than an additional 100% on materials up to £5, no more than 75% on materials up to £10, no more than 50% on materials up to £20 and no more than 25% on materials above £20.
- 3.10 - Your acceptance above the first hours Labour between you and EPHG client’s must be clear and in an acceptable durable medium.
- 3.11 - If the acceptable durable medium was by a verbal agreement, then further supporting evidence MUST be gained afterwards in the form of further durable medium not being verbal. (This is normally in means of a dispute where two persons normally agree what was said as verbal).
4. PAYMENTS, ESTIMATES & QUOTATIONS FOR FURTHER WORK AGREED
- 4.1 - You agree that if ongoing work beyond the first hours Labour is agreed between the contractor and the client, then it must not be more that the rates given on the price plan page.
- 4.2 - You agree that if you have to go away to get materials that is listed on the EPHG stock list, you MUST stop the time and start the time of where the time was stoped.
- 4.3 - If you agree to go to the merchant for materials or goods that is not listed on the EPHG website, you agree to run the full hour an no more unless agreed in writing otherwise between the contractor and the customer.
- 4.4 - If the full hour has run it's course, then the time will start from when the contractor has arrived at the property unless a set price has been agreed otherwise to complete the work.
- 4.5 - Any special materials not listed on the EPHG website, must have the cost agreed with before continuing work.
- 4.6 - Estimates must be very clear and include a report.
- 4.7 - Quotations must be very clear what the work is for.
- 5.1 - The contractor in question MUST be fully competent to work on the job within the description sent over to him/her.
- 5.2 - Work starts from the moment the customer either signs the arrival agreement or there is other evidence of arrival or work started. (It is strongly recommended that the customer signs a document agreeing the time of arrival or a text could be sent from the contractors phone to the customer stating that the contractor’s arrival time).
- 5.3 - The contractor agrees to not charge the customer for driving time and MUST not charge a call-out fee.
- 5.4 - The contractor MUST complete the work of the first call-out being that the work in question is either fully complete being a full repair and if the work in question can not be repaired, at least make safe and a diagnosis made unless a diagnosis or repair is impossible to do.
- 5.5 - The only time that the contractor can not complete the work is where the customer doesn’t authorise the contractor to continue.
- 5.6 - The contractor agrees to pay 10% fees to EPHG if further work is agreed between the customer and the contractor and if the fees are not paid, the contractor gives up there rights to any future inconvenience fees on route to the property of work.
- 5.7 - If the fees are greater on either side, either the contractor or EPHG have the rights to claim the fees, however, evidence has to be available and has to be claimed within 7 days.
- 5.8 - The contractor agrees to carry a reasonable amount of materials as mentioned in the material list which is mentioned at the bottom of the news page and in the list of articles.
6. Cancellations, refunds & notices
- 6.1 - The invoice must include the contractors company/business name, address, contact number and an invoice number (and for best practices, the email address).
- 6.2 - The customers details should also be included on the invoice such as their name, address.
- 6.3 - For best practices the engineer should include a start time and a finish time but not essential, however, you do understand that this can go against you if you don’t have enough evidence if the client makes a complaint. (For best practices, it is always a good idea to have evidence of time of arrival on a durable medium for example, this could be a signed document or a text message).
- 6.4 - All invoice are generally requested for payment immediately but where payment can't be made immediately, then payment should be requested on the invoice to be paid within 7 to 14 days. If there isn’t enough evidence to show that the customer is in receipt, for best practices, you can send the invoice in the post recorded with your name and address on the back on the envelope.
- 6.5 - If payment is being made before or upon the invoice being provided and if the customer isn’t in receipt of making the payment, then it is your duty to make sure that the customer is in evidence of already making the payment. (This generally happens when the client pays in case as cash generally doesn’t carry as much evidence).
- 6.6 - For best practices, you’re best including a signature on the receipt/invoice of the customer and include on the receipt/invoice a statement in print and not as an additional that by signing this invoice you also confirm you have received a copy of the invoice you are signing for.
- 6.7 - If the person of whom is authorised to sign the agreement or the invoice isn’t available, you're' best confirming this by text message or any other durable medium that an invoice has been received and agreed for by a person given authority.
- 6.8 - When a person of no authority is not available, then the only alternative may have to be a durable medium being a text or an email.
- 6.9 - An invoice should be very clear and state the labour costs plus materials and include a report unless a report has been documented on a separate document, however, the invoice should mention a document.
- 6.10 - If a separate document has been included, then the separate document should also be accepted as a durable medium.
- 7.1 - The contractor who agrees to attend the property agrees to wear the appropriated clothing for the work required.