Website Terms & Conditions for Consumers
1.1. By using this website Emergency Plumber 24Hour and any connected telephone line, you agree to these Terms and Conditions. Please carefully read these Terms and Conditions before using this service. We recommend that you print and retain a copy of this document for your future reference.
1.2. This document governs the relationship between you and us only. The Terms and Conditions on which repairs are assessed and completed are concluded between you and the Technician.
- Who are we?
2.1. We are Nexty Limited, a company incorporated in England and Wales under the registered number: 10604508. Our registered office is: 12 Bridewell Place, Third Floor East, EC4V 6AP, London. By ‘we’, ‘us’ and ‘our’ we mean Nexty Limited. By ‘you’ we mean the consumer.
- A summary of our role
3.1. We are a digital marketing provider. We are instructed by local qualified professionals who carry out repair services, including on an emergency basis, as plumbers, electricians, gas engineers and locksmiths (collectively known as “Technicians”).
3.2. As part of our services to Technicians, we:
3.2.1. build and operate websites and telephone lines to market their services to consumers;
3.2.2. take inquiries from consumers and, acting as the Technician’s agent, arrange bookings for the Technician to attend your property to assess the repair works required and, if appropriate, provide an estimate for the length of time and how much it will be to complete the repair works; and
3.2.3. monitor the Technician’s performance, receive feedback from consumers and resolve complaints and disputes arising out of repair works.
3.3. We provide our digital marketing and booking services exclusively for Technicians. We do not provide repair services for consumers. By using Nexty’s website and telephone lines, you agree that you will not, at any point, be entering into a contract with Nexty for repair services.
3.4. Nexty operates a pricing structure which Technicians have to agree to adhere to when signing up to our services (“The Technician Tariff”). The Technician Tariff provides for the maximum hourly rate which you can be charged by a Technician, and is available on our website.
3.5. Technicians who work with Nexty enter into two types of contract with consumers, as follows:
3.5.1. Call-Out Contract: This is a contract between you and the Technician, in which Nexty acts as the Technician’s agent in making the booking. Under the Call-Out Contract, the Technician will attend your premises to assess the repair works required and, if appropriate, provide you with an estimate for a Repairs Contract, including the number of hours that they expect the repair work will take and the costs of any additional materials required to complete the work. They will also provide you with their full terms and conditions for the Repair Contract. The Call-Out Contract includes one hour of labour and you will be liable to pay for the first hour of the Technician’s time whether or not you enter into any subsequent Repairs Contract with the Technician. You will be provided with the maximum hourly rate in accordance with the Technician Tariff when speaking to us on the telephone, before you confirm whether you wish to go ahead with the Call-Out Contract.
3.5.2. Repairs Contract: This is a contract between you and the Technician for the repair works. When they attend your premises to inspect the works as part of a Call-Out Contract, the Technician will assess the repair works required and, if appropriate, provide you with a quote for a Repairs Contract, together with their full terms and conditions. You are under no obligation to enter into a Repairs Contract with the Technician. We require that, in any Repair Contract, Technicians do not charge an hourly rate that exceeds the Technician Tariff for the Call-Out Contract, unless you specifically agree this with the Technician. Nexty does not have a role in the Repairs Contract, although for our ongoing monitoring purposes, we may ask you for feedback on the performance of the Technician and investigate any complaints you raise.
3.6. Further details of our services, and the way we operate, are set out below.
- The Technicians
4.1. When a Technician wishes to sign up to our services, we require particular documentation from them, in order for us to verify their identity and professional credentials.
4.2. We take certain steps to verify all the Technicians who sign up to our services and we confirm their identity and that they are:
4.2.1. A resident of the United Kingdom;
4.2.2. Qualified for the service they provide; and
4.2.3. have adequate insurance.
4.3. We are happy to provide details of our Technician verification processes.
4.4. Please note that we do not:
4.4.1. Perform a credit check on Technicians;
4.4.2. Check the bankruptcy history of Technicians; or
4.4.3. Carry out a DBS disclosure check for Technicians.
4.5. Whilst we do our best to make sure that the Technicians visiting your home are fully qualified and fit to carry out the job, we do advise that you ask the Technician for identification documents, or details of their professional credentials, if you would like to check or verify who they are or their abilities to perform the repairs. Nexty accepts no responsibility for the repair works performed by the Technician. You enter into a Call-out Contract and/or Repair Contract at your own risk.
4.6. Should you have any concerns about the Technician and their suitability to carry out the work, please cancel the service and call us immediately and we will investigate the situation.
- Booking Process
5.1. The process for using our services is as follows:
(a) Arranging a Call-Out Contract
5.2. You access a website that we operate and use the number provided on there to call us. You then call Nexty Limited and you will get through to one of our call centre operatives. The call centre operative will ask you to provide some personal details and for you to explain the repair service you require.
5.3. You will be asked to confirm that, if a Technician is dispatched to visit your premises, there will be someone present who is aged 18 or over. Technicians who work with Nexty are not permitted to attend premises without someone present who is aged 18 years or over.
5.4.1. Your postcode; and
5.4.2. A description of your requirements, as provided by you to us.
5.5. If the Technician is available to visit your home to inspect the repair works required, we will provide you in writing with the following information (collectively known as the “Call-Out Contract Offer Terms”):
5.5.1. The Technician’s name;
5.5.2. The Technician’s maximum hourly rate (if applicable, the rate will be inclusive of VAT);
5.5.3. That, if you agree to enter into a Call-Out Contract with the Technician, you will be liable to pay the Technician for the first hour which shall not exceed the applicable rate prescribed by the Technician Tariff, whether or not you subsequently agree to enter into a Repairs Contract with the Technician;
5.5.4. An estimate provided by the Technician of the time it will take for the Technician to arrive at your premises;
5.5.5. A notification that, if you accept the terms of the Call-Out Contract, the Technician will attend your premises and, if the Technician, deems appropriate, inspect the problem and propose an estimate for the works and the terms of a Repair Contract for the repair works you require (as explained below); and
5.5.6. Any other information we are required or deemed appropriate to notify you.
5.6. Upon receipt of this information, you will then be given an opportunity to decide whether you wish to go ahead and agree to enter into a Call-Out Contract with the Technician. You are under no obligation to do so. Please note that, if you agree to go ahead, you will enter into a Call-Out Contract with the Technician under which an hour of labour will be included. Therefore, you will be required to pay for at least the first hour of the Technician’s time even if you do not enter into a Repair Contract. Nexty is not a party to the Call-Out Contract and acts only as an agent for the Technician.
5.7. If you agree to enter into the Call-Out Contract, we will send you a text message to confirm the booking.
5.8. It will be your responsibility to provide the Technician with access to your property. If, for any reason, you need to cancel or reschedule the job please liaise directly with the Technician when they are at your property. If you seek to reschedule before the Technician arrives, please contact us.
(b) The Visit by the Technician
5.9. As noted above, there must be someone who is 18 years or older at the property in order for the Technician to carry out the work.
5.10. When the Technician arrives at your property, they will assess the situation and, if they consider it appropriate to do so, provide you with a full estimate for the work (which will be communicated to you in writing), including:
5.10.1. An estimate of the number of hours that will be needed to complete the repair works;
5.10.2. The hourly rate for the works (which, unless agreed with you, cannot be charged at a higher rate than the maximum hourly rate provided to you on the telephone and in accordance with the Technician Tariff); and
5.10.3. Any additional materials required to complete the repair works, and the cost of those materials.
5.11. The assessment provided by the Technician will be a reasonable and informed estimate only and whilst it should be as accurate as possible, sometimes prices can fluctuate in the event an unforeseen problem arises. All Technicians should, however, keep you informed of any potential increase (or decrease) to the initial quote provided. If you have any complaints about the service provided by a Technician, please see the Complaints section below.
5.12. Please note that any Repairs Contract is between you and the Technician. We therefore ask you to obtain a copy of the Technician’s Terms and Conditions to understand the full terms of their proposal, before any work is completed. It is important that you are happy with the estimate before the work is carried out. We advise you to obtain a copy of their terms and conditions to ensure you understand the terms of their business and any exclusion of liability.
5.13. When the Technician has provided their estimate, you will then have an opportunity to agree or decline for the repair work to be carried out. You will have the opportunity to decline the service after you receive the estimate.
5.14. All of the Technicians must give you the opportunity to decline the service before they carry out the work, although the first hour of the Technician’s time will always be payable by you. You are under no obligation to accept the estimate provided by the Technician. To the extent that any Technician seeks to pressurise you to enter into a Repairs Contract, please contact Nexty immediately. All Technicians are required to abide at all times with Nexty Code of Conduct, which does not allow for intimidating or aggressive behaviour. Such behaviour will not be tolerated.
5.15. If you agree to the repair service, the Technician will start the work straight away, unless an alternative time or day is agreed between you and the Technician.
(c) After the visit by the Technician
5.16. The Technician will provide you with an invoice either immediately after the work has been completed or no later than 24 hours thereafter. They will also send us a copy of the invoice for our records.
5.17. A Technician should ask you to endorse the invoice in order for you to confirm the amount charged.
5.18. We will send you a report after the work is completed to confirm the service that was provided to you, along with the total amount the Technician charged and information for any complaints/comments you wish to make.
5.19. You will pay the Technician directly via BACS transfer to their business account or by cheque. The Technician should not ask you for a cash payment unless both of you agree;
5.20. We will send you a report on behalf of the Technician to provide an overview of the work that was completed and details for any comments you wish to make about the service and information about our complaint procedure.
- Nature of the services
6.1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), and stipulate that:
6.1.1. The services carried out must be executed with reasonable care and skill;
6.1.2. You must pay a reasonable price for the services; and
6.1.3. The services must be carried out within a reasonable time.
6.2. The Technician that carries out the service is expected to comply with the statutory requirements under the Consumer Rights Act 2015.Please visit our complaints section below in the event you feel that your statutory rights have been affected.
7.1. We will let you know the basis of calculating the charges for the insofar as we can, when you place a booking with us. The maximum hourly rate is set by us and the Technicians who join our service must agree to charge the prices we set, unless a specific agreement is made with you.
7.2. We monitor our prices to ensure they are competitive and in line with market rates. The rate provided to you will be determined in accordance with the Technician Tariff based on the information you have provided to us, along with other factors such as the time of day and whether it is a weekend or Bank Holiday.
7.3. The hourly rate we provide to you over the telephone will:
7.3.1. Be in pounds sterling (GBP);
7.3.2. include VAT, if applicable (we will confirm to you whether the Technician has informed us that they are required to charge VAT); and
7.3.3. will not include the cost of any additional materials required.
7.4. As explained above, the Technician who visits your property will assess the work further and provide you with an estimate of the time it will take, any additional materials required (the price of those materials), and the overall estimated price.
- Code of Conduct
8.1. All Technicians who sign up to our service have to agree to our ‘Code of Conduct’. The Code of Conduct is visible on our website.
8.2. The Code of Conduct states that all Technicians must provide customers with an invoice before payment is taken from you. In the event you did not receive from the Technician an invoice before making payment, please refer to our complaint section for how to contact us and we will investigate the situation.
8.3. You will make payment to the Technician directly. We will be notified by the Technician when that payment has been made. We collect a commission for our services from the payment the Technician receives. In the event there are any issues with the payment we are happy to handle any queries or complaints.
9.1. Your views are important to us and help us to ensure that Technicians are offering an excellent service. We do not seek to work with Technicians that abuse our Code of Conduct and do not comply with our Technician Terms and Conditions.
9.2. Therefore, in the event you have a complaint about a service that was carried out, or behaviour exhibited by a Technician to whom you were introduced by us, please get in touch with us using the details on the ‘Contact Us’ page on our website.
9.3. Please note, however, that Technicians are not employed by Nexty. We will refer all complaints to the Technicians. This is to ensure the Technician knows the nature of the complaint and so they can assess their liability. Whilst we will investigate all complaints and seek to mediate between the Technician and the consumer, we are not a party to any dispute or conflict in relation to the quality of the work or the way it is completed.
9.4. We will do our best to investigate the work completed and will decide with the consumer and the Technician a suitable resolution.
- Our Liability
10.1. We provide our websites free of charge and on an “as is” basis. We provide digital marketing services to Technicians, and where requested, facilitate the conclusion of Call-Out Contracts between consumers and Technician (in respect of which we will act as disclosed agent to the Technician). We do not enter into any contract with consumers for the supply of repair services, and we are not responsible or liable for the services that are provided by Technicians.
10.2. Except for any legal responsibility that we cannot exclude by law (such as for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation) or arising under applicable laws relating to the protection of your personal information, we do not assume any liability to you.
10.3. To the extent permitted by law, we disclaim any warranties, express or implied, and other than as set out above in clause 11.2, we are not liable for any loss or damage, whether direct or indirect and arising in contract, tort, or otherwise, even if we have been advised of the possibility of this loss or damage.
10.4. To the extent that we are deemed liable to you, our liability will be limited to an amount equal to £1,000 in aggregate.
10.5. Please check the full terms and conditions of the services that the Technician provides to you, to understand if he/she seeks to exclude any liability towards you.
10.6. These limitations don’t 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.
- Contact Us
11.1. You can contact us during business hours via telephone or at any time via email. Please refer to our ‘Contact Us’ page on our website for full details.
- Changes to these Terms and Conditions
12.1. Please note, that we have the right to remove any service on our websites at any time and we may also change the pricing structure of the services in accordance with any fluctuation in the market. We don’t have to give any notice, and if we do remove a service, we won’t be responsible to you.
12.2. We also have the right to change these terms and conditions at any time, for example if we change our processes or if there are changes to laws or regulations which require us to update them.
12.3. The terms and conditions applied to your use of the service will be those in force at the time you request a Technician.
- Intellectual Property Rights
13.1. The copyright, trademarks and all other intellectual property rights in the material contained on this website belong to us or their licensed owner.
13.2. 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.
13.3. You are permitted to use this material or content only as expressly authorised in writing by us or our licensors. You will not, and you 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 you become aware of any such distribution or commercial exploitation, you agree to notify us immediately.
13.4. The images, logos and names on this website are to identify us, or any other organisation and their products and services. They are our trademarks or trademarks of the other organisation. Nothing on this website gives anyone any licence or right to use any image, logo or name.
- Jurisdiction and Laws
14.1. The services described on this website are only available in England and Wales (unless we’ve said otherwise). These terms and conditions shall be governed by the law of England and Wales.
14.2. Any disputes arising out of or in connection with these Terms (including any non-contractual claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
- Monitoring phone calls and emails
15.1. We may monitor and record our calls and emails, so we can assess any areas that we need to improve.