1 - Terms of Business
BETWEEN: The Service Provider - The Hidden K9 (The Hidden K9 Limited) 71-75 Shelton Street - London - WC2H 9JQ
AND The Client - Details stored electronically (together the “Parties”)
The Client wishes to engage the Service Provider and the Service Provider agrees to undertake the services (hereafter referred to as the “Services”) as set out in the Booking Form in accordance with the policy and procedures document (“Policies and Procedures”) and subject to the terms and conditions of this Agreement. Any reference to pets in this Agreement shall refer to those specified on the Booking Form.
2 - Commencement Date and Duration
This Agreement shall commence on acceptance of the first booking using our online service application or any other means. Acceptance and signature of this agreement is carried out within the online service application and acceptance of these terms are deemed binding by both parties once the first booking has been approved.
3 - Services
The Service Provider shall perform the Services in an attentive, reliable and caring manner, using all reasonable skill and care, having due regard to the Policies & Procedures and any relevant information set out in the online service application.
The Service Provider shall act in accordance with all reasonable instructions given to it by the Client provided such instructions are compatible with the specification of Services provided in the Policies and Procedures.
The Service Provider shall be responsible for ensuring that it complies with all statutes, regulations, bye-laws, standards, code of conduct and any other rules relevant to the provision of Services.
4 - Client’s Obligations - The Client Shall
Use all reasonable endeavours to provide all pertinent information to the Service Provider necessary for the Service Provider’s provision of the Services. Authorise the Service Provider to carry out the Services. Ensure that the information provided to the Service Provider is true to the best of his information, knowledge and belief. Confirm that all vaccinations, treatments, licences, permits etc which he is obliged to have by law arising from the ownership of the pet have been obtained and provide such details for inspection where required. Issue reasonable instructions to the Service Provider in relation to the Service Provider’s provision of Services. Any such instructions should be compatible with the specification of Services provided in the Policies and Procedures. Be responsible for all medical expenses and damages resulting from any injury to the Service Provider, its employees and agents, or to other persons by the pet. Fully indemnify the Service Provider in respect of costs and damages arising from any claim from any person suffering either injury or death caused by the Client’s pet. Authorise the Service Provider to arrange for any emergency veterinary care that may be necessary during the provision of its Services. The Service Provider shall use all reasonable efforts to obtain the Client’s consent prior to obtaining emergency care. Agree to reimburse the Service Provider for any additional fees and expenses for providing emergency care. The Client further agrees to cover the cost of additional visits which may be necessary to ensure the pet’s safety or to monitor the pet’s progress in recovering from sickness or injury. The Service Provider shall use its best efforts to use the pet’s normal Veterinary Surgeon where ever possible. The Client authorises the Service Provider to appoint an alternative Veterinary Surgeon to examine the pet and carry out such treatment or surgery as may be appropriate if the pet’s normal Veterinary Surgeon is not available.
Ensure that the Service Provider has access to the Client’s home or other specified location at the times to be agreed between the Service Provider and the Client. Any delay in the provision of Services resulting from the Client’s failure or delay in complying with any of the provisions in this Clause 3 shall not be responsibility or fault of the Service Provider.
5 - Fees and Payment
The Service Provider will charge the Client for the Services as quoted in the post consultation email - Fees are payable in Full at the time of booking. We may agree a payment plan to clients and in these cases all payments need to be made before the Booking start time. We only accept online payments - we use a secure payment processor and are compliant with all relevant legislation for data and financial security.
6 - Refund Policy and Standard Fees
Cancellations
1 - You are entitled to a 14 day cooling off period. This period starts one day after you have made the payment. If you cancel your contract within this period we will refund your payment in full less our standard administration fee.
2 - If you cancel your contract after the 14 day cooling off period and with at least 14 days notice prior to your scheduled service date we will refund you 50% of the fee paid.
3 - If you cancel with less than 14 days notice prior to your scheduled service date no refund will be due.
4 - Where a client delays or postpones an appointment the terms for rescheduling will apply - additionally no refund will be due if the client postpones / delays the booked appointment and then subsequently cancels the contract.
5 - Once the visit has been completed No refund will be due under any circumstances.
Rescheduling
1 - Bookings rescheduled with notice of more than 14 days of the Booking Start time will incur no rebooking fee.
2 - Bookings rescheduled with notice of less than 14 days of the Booking Start time will incur a Standard Re-Booking Fee
Satisfaction Guarantee
Claims under this guarantee will only be accepted under the following circumstances.
1 - This Guarantee is an on the day guarantee - we cannot be held liable under this guarantee post visit.
2 - We have agreed during the visit realistic expectations around the timescales of improvement.
3 - You have accurately disclosed the severity of the behavioural problems during our calls and in any submitted forms.
4 - You agree to use the methods and training tools we recommend during the visit.
5 - The refund is limited to 50% of the fee paid.
Standard Fees
1 - Standard Administration fee - £50
2 - Standard Re-Booking Fee - 50% of the fee paid
Payment Plans
1 - We offer payment plans - Booking a payment plan excludes you from our normal refund policy.
2 - You may cancel within 14 Days and request a refund - we will refund only to the original payent method - The refund will be made minus our standard administration fee of £50
3 - If you fail to pay any of the instalment payments for whatever reason we reserve the right to cancel your booking slot and offer this to other clients.
4 - Failure to make any of the instalment payments will result in the cancellation of your payment plan. No refunds will be due on any sums already paid
7 - Bookings Cancellations and Amendments
Cancellations and Rescheduling must be done by email to colin@thehiddenk9.co.uk.
Failure to do this will mean no refund is due.
8 - Termination
This Agreement can be terminated by;
By the Client - by emailing us.
By the Service Provider - by email to the clients registered email address.
The agreement can only be terminated provided that the client has settled all outstanding fees.
9 - Insurance
The Service Provider shall ensure that it has in place at all times suitable and valid insurance that shall include Public Liability Insurance relative to the services performed for the Client.
It is agreed by the Parties that it is the Client’s responsibility to ensure that the property, its contents and pets are adequately insured throughout the duration of the Agreement.
10 - Indemnity and liability
The Service Provider shall not be liable for any loss or damage suffered by the Client resulting from the Client’s failure to follow any instructions given by the Service Provider including but not limited to any insurance excess or out of pocket uninsured losses.
The Client shall accept full liability and responsibility for any event occurring or arising from the behaviour or characteristics of their pet.
The Client will indemnify the Service Provider against any damage or injury caused by the pet towards any property, person or other animal, this will include, but is not limited to veterinary, medical and legal fees.
The Service Provider shall not be responsible for any damage caused to the Client’s property or possessions or that of others caused by the Client’s pet during the period the pet is in its care. The Client agrees to indemnify the Service Provider against any such claims as may be made against it arising out of or in connection with this Clause. The Service Provider accepts no responsibility or liability for the security of the Client’s property or premises, or any loss or damage which may be sustained as the result of action taken by third parties who also have access to the Client’s property or premises either before, during or after expiry of this Agreement. The Service Provider shall not be liable for the injury, loss, death or any legal actions whether civil or criminal, any fines or legal penalties that may be imposed on pets or their responsible guardian, who gain unsupervised access to the outdoors, or within any other enclosed spaces, if the Service Provider has not used all reasonable care for the supervision of the pet whilst in their immediate care or provision of the services. This may include incidents of pets escaping from their designated or restrained areas or unexpected bolting.
The Service Provider will care for your pet as the Client would, and whilst the Service Provider will make every effort to ensure the safety of the pet and ensure that the pet is well looked after in the Client's absence, the Service Provider cannot be held liable for any loss, illness or injury of any pet whilst in the Service Provider’s care, nor for any death of a pet unless the Service Provider can be shown to be negligent. The Client is responsible for any veterinary bills, no matter how they are incurred, whilst pets are in the care of the Service Provider. Where possible the service provider will assist the client where any such losses are caused by another animal in the care of the service provider at the time.
Nothing in this Agreement shall limit or exclude the Service Provider’s liability for death or personal injury.
The Client will fully disclose in the online service application and details relevant to the behaviour, character or other issues with the dogs behaviour that may cause concern for the safety or enjoyment of any person or other animal which may be encountered during the service provision. This includes aggression, poor lead manners such as pulling, or other behaviour that causes concern. Should any pet become aggressive or dangerous whilst in the care of the Service Provider, the Service Provider shall, in their sole discretion take whatever action they consider necessary in the best interest of the animal, other animals or people which may be encountered. This may, without limitation, include: a refusal to offer the Services and immediate termination of this Agreement; Obtaining assistance from a Vet, the R.S.P.CA or the police; placing the pet in a boarding kennel or other facility for it’s own welfare; Any fees and costs incurred in taking action shall be directly chargeable to and recoverable from the Client. The Service Provider shall not be liable to the Client for any refund of Fees where the Client has not specified the behaviour and characteristics of the pet in the online service application and the Service Provider terminates this Agreement as a result thereof,
11 - Force Majeure
Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing its obligations under this Agreement caused by conditions beyond its control including but not limited to acts of God, war, strikes, fires, floods, governmental restrictions or power failures.
The Party (the “Affected Party”) prevented from carrying out its obligations shall give notice to the other Party of an Event of Force Majeure upon it being foreseen by, or becoming known to, the Affected Party.
12 - Assignment
The Service Provider shall be entitled to perform any of the obligations undertaken by it through any other member of its group or through suitably qualified and skilled sub-contractors and it’s employees. Any act or omission of such other member or sub-contractor shall, for the purposes of this Agreement, be deemed to be an act or omission of the Service Provider.
13 - Data Protection
The Service Provider shall not use or pass to a third party (other than information needed by a carer to perform their duties) any sensitive or private data or information about the owners of the pet. Any and all information relating to the client, their property and pet(s) will be stored in accordance with the data Protection Act 1998 and the General Data Protection Regulations (GDPRs) wherever the need arises.
14 - Entire Agreement
This Agreement, along with the online services application Procedures, Veterinary Release Form (Part on the service agreement constitute the sole and entire agreement between the Parties, and supersedes all prior agreements, representations and understandings of the Parties written or verbal. Any alteration of this Agreement must be in writing and signed by both Parties.
15 - Notices
Any notice required to be served under this Agreement shall be in writing and shall be served by hand, post or electronic mail.
Notices shall be deemed served:
upon delivery, when delivered by hand,
upon accepting delivery by signed receipt post/courier, when delivered by using a ‘signed for upon delivery’ postal service or courier.
immediately following transmission, if by electronic mail provided the sender does not receive a non-delivery message.
16 - Governing Law and Jurisdiction
This Agreement, its formation and any contractual disputes, claims or interpretation shall be construed and governed in accordance with the courts of England & Wales and the Parties hereby agree to the exclusive jurisdiction of the courts of England and Wales.
Any delay in either party enforcing its contractual or legal rights shall not prejudice, restrict or prevent the right of any injured party suffering a loss to enforce its rights at a later date or later breach. Any such action must be brought in line with the Civil Procedure Rules regarding the Statute of Limitations in respect of any such action.