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EUROPA’S SITE TERMS & CONDITIONS OF USE

Welcome to Europa’s Terms and Conditions of Use.

First of all, a big thank you for choosing to make your home better by using Europa.

We really don’t like to complicate things but this is important and affects your legal rights, so please read these Terms and our Privacy Policy carefully, even if you have already read some information about Europa or received information over the telephone or online.

Acceptance of the site terms & conditions of use

By using this Site you agree to be bound by these Terms and you agree to the processing of your personal data in accordance with our Privacy policy.

If you don’t agree with these Terms then please don’t use the Site.

Our aim is always to make it as easy as possible for you to arrange and undertake improvements to your home, and we put you and your home at the centre of everything we do.

We may be able to respond quickly if you have an urgent Job. However, please note that the Europa Service is not an emergency service.

General requirements for using the site

As a User of the Site you agree not to:

  1. use the Site in a manner that harasses, annoys, threatens or intimidates other users;
  2. use the Site or access to it for any fraudulent or unlawful purpose;
  3. use the Site or access to it to impersonate any person or entity, or to falsely state or otherwise misrepresent its affiliation with any person or entity;
  4. interfere with or disrupt the operation of the Site or access to it;
  5. use the Site in any way that is connected with spamming, phishing, trolling or any similar activities;
  6. transmit or otherwise make available in connection with the Site or access to it any virus, worm, Trojan horse, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
  7. restrict or inhibit the ability of any other person to access or use the Site;
  8. modify, adapt or translate any portion of the Site;
  9. remove, obscure or modify any copyright, trade mark, or other proprietary rights notice from the Site;
  10. use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, “scrape”, “data mine”, or in any way gather or reproduce the Site or circumvent the navigational structure or presentation of the Site; and
  11. use the Site for purposes that are not permitted in these Terms.
  12. We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorised access to or use of the Site including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorised use.

Your account

  1. Users of the Site can create an Account via the Portal. Your Account on the Site is personal to you. You may not authorise others to use your Account. You may not assign or transfer your Account to any other individual.
  2. Subject to our current data limits, you are welcome to upload Content via the Portal to facilitate your use of the Europa Services. All documents held by us will be treated carefully in line with our Privacy Policy.
  3. By using the Site you agree to grant to us a non-exclusive, royalty-free and transferrable right to use any Content you upload via the Portal so that we may provide the Europa Services to you.
  4. You agree to notify us immediately of any unauthorised use of your Account.

Notices

  1. All notices which are required to be given from time to time under these Terms shall be sent using the Portal and shall be deemed to have been served when actually received.

Illegality

  1. If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever including, but without limitation, by reason of the provisions of any legislation or other provisions having the force of law or by reason of any decision of any court or other body or authority having jurisdiction over the parties of these Terms such terms or provisions shall be divisible from these Terms and shall be deemed to be deleted from these Terms.

Variation

  1. We may amend these Terms from time to time. If we do, we will publish the changes on the Site. Please review the Site periodically for changes to these Terms. The amended Terms will take effect 30 days from the date on which we publish the amendments on our Site, and from then on will govern the relationship between you and us in respect of your use of the Site. If you do not agree with the amended Terms, you must not continue to use the Site after the date on which the amendments take effect.

Waiver

  1. The failure to exercise or delay in exercising a right or remedy provided to us under these Terms shall not constitute a waiver of that right or remedy, and no waiver by us of any breach of these Terms constitute a waiver of any subsequent breach of the same or any other provision. Each of our rights or remedies under these Terms are without prejudice to any of our other rights or remedies under these Terms or at law.

Governing law & jurisdiction

  1. These Terms shall be construed in accordance with the laws of England and Wales and all disputes, claims or proceedings between us and any party relating to the validity, construction or performance of these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Definitions

  1. The terms “you”and “your” refer to you as a User and/or Customer of the Site, as the context dictates;
  2. The terms “we”, “us”, “our”, and “Europa” refer to Europa Limited;
  3. “Account” means the User’s account created via the Portal;
  4. “Content” means text, images, photos, audio, video, and all other forms of data and/or communication;
  5. “Customer” means a User who has requested a Job through the Site;
  6. “Job” means a job to be performed at a Property utilising the Europa Services requested by a Customer;
  7. “Europa Service” means the home improvement, maintenance and repair services and any other incidental services offered on the Site;
  8. “Portal” means the portal via which a User can access his/her Account;
  9. “Property” means a residential property in the United Kingdom;
  10. “Site” means the Europa website (www.europabw.co.uk);
  11. “Terms” means these Site Terms & Conditions of Use; and
  12. “User” means someone who accesses, browses, crawls or in any way uses the Site.
  13. The Site is owned and operated by Europa Limited, a company registered in England whose registered office is at: 268 Regus, Bath road, Slough, SL1 4DX. Company Registration No. 08908404, VAT No.241005270

EUROPA’S CUSTOMER TERMS

Definitions

  1. In these Terms the following terms shall have the following meanings:
    • the terms “you” and “your” refer to you as a Customer;
    • the terms “we”, “us”, “our”, and “Europa” refer to Europa Limited;
    • “Account” means a User’s account set up via the Portal;
    • “Business Day” means a day other than a Saturday, Sunday or bank or public holiday in England and Wales;
    • “Complete” means complete to your and our satisfaction, and you have made any and all outstanding payments owed to us in connection with the performance of the Job or Job Milestone;
    • “Customer” means a User who has requested a Job through the Europa Website;
    • “Defective” means that any materials supplied for the performance of the Job do not perform to their specifications and/or the building work carried for the performance of the Job is not of the standard expected by us;
    • “Insolvency Event” means where a person ceases or threatens to cease to carry on business, is found unable to pay its debts within the meaning of the Insolvency Act 1986 section 123, has an administrator, receiver, administrative receiver or manager appointed over the whole or any part of its assets, enters any composition with creditors generally, or has an order made or resolution passed for it to be wound up (otherwise than in furtherance of any scheme for solvent amalgamation or solvent reconstruction) or undergoes any similar or equivalent process in any jurisdiction;
    • “Insurer” means UK General Insurance on behalf of Covea Insurance plc
    • “Job” means a job to be performed at a Property utilising the Europa Services requested by a Customer;
    • “Job Milestone” means the achievement of a specified Job task or event;
    • “Job Guarantee” means a guarantee that the building works carried out and/or materials supplied in the performance of a Job are not Defective;
    • “Job Risk” means the discovery at the Property of asbestos, gases, water damage, fire damage, pest infestation, building or other structural defects or any other discoveries that may pose a risk to the safety of the Trade Partner, Customer or any other person;
    • “Europa Service” means the home improvement, maintenance and repair services and any other incidental services offered on the Site;
    • “Portal” means the portal via which a User accesses its Account;
    • “Property” means a residential property in the United Kingdom;
    • “Quote” means an offer comprising the cost to the Customer for the performance of the Job and any other information included by us;
    • “Site” means the Europa website www.europabw.co.uk;
    • “Terms” means these Europa Customer Terms; and
    • “User” means someone who accesses, browses, crawls or in any way uses the Site.
  2. In these Terms, unless the context otherwise requires or the contrary intention appears:
    1. references to Clauses, Schedules and Appendices refer to clauses of, and schedules and appendices to, these Terms; and
    2. the headings contained in the Terms are for convenience only and do not affect their interpretation.

Europa services

  1. We provide the Europa Services using a network of carefully selected and approved third party contractors (Trade Partners), who have expertise in conducting home improvement, maintenance and/or repair services in your local area. However, the provision of the Europa Services and the performance of Jobs is provided and conducted by us.
  2. It is free to use our services up to, and including, acceptance of a quotation that we provide you following a visit by a Trade Partner.
  3. In order to use the Europa Service offered on the Site you need to:
    1. be 18 years or older;
    2. be the owner of the Property where the Europa Service is to be carried out or have the Property owner’s express permission to undertake home improvement, maintenance and / or repair services on the Property; and
    3. have a UK debit or credit card.
  4. The Europa Services are for your personal, non-professional and non-business use only. We welcome private landlords and those acting for family members.
  5. You must provide at least one contact telephone number (preferably both a landline and a mobile number) and an email address to use the Europa Services. We will keep your data secure in accordance with our Privacy Policy.
  6. You must not use the Europa Services in any way that:
    1. violates any planning regulations, building regulations or other laws, regulations or any order of a court of England and Wales;
    2. is intended to damage or interfere with the operation of the Europa Services; or
    3. uses the Europa Service for commercial purposes.
  7. In the future we may offer the Europa Services in other countries but for now we only provide the Europa Services within the United Kingdom.

Quotes

  1. Until the point of accepting a quotation that we provide, it is free to use the Europa service.
  2. Once you have selected a Europa Service for the performance of a Job we will arrange for a suitable Surveyor to go to your home to assess the Job at a time that you select from the appointment slots we make available to you on the Site.
  3. Although we will try to make sure that the Surveyor goes to your home on the date and at the time agreed with you, we cannot guarantee that they will always do so. If the Surveyor notifies us that they are going to be late or are unable to go to your home we will use our reasonable endeavours to let you know. If the Surveyor does not turn up, please notify us and we will reschedule your appointment.
  4. The Surveyor that we allocate to assess your Job depends on the nature of the work, your location and their availability, based on an assessment of your needs.
  5. Before attending an appointment, the Surveyor will contact you to confirm the requirements of the Job. Should the requirement differ from the services the Surveyor is able to provide, they will inform us and we will find a different Surveyor to assess your Job.
  6. On the day of the appointment, and prior to their arrival, the Surveyor will contact you to confirm a more accurate time of arrival. While they always try to be on time, sometimes they may be delayed and should contact you if that is the case.
  7. Before, during or after the appointment, the Surveyor may ask you for information about the Property, the Job and the Job Risks. Please provide the Surveyor with all relevant information they request that is necessary for the Surveyor to assess or perform the Job.
  8. After the Surveyor has assessed the Job we will provide you with a Quote, via your Account, for the performance of the Job.
  9. A Quote will be valid for 60 days from date of submission in your Account and will be inclusive of Value Added Tax (VAT) where applicable.
  10. If you accept a Quote you agree to pay the price contained in Quote for the performance of the Job. Until you accept the Quote we may withdraw it at any time by notifying you and such withdrawal will have immediate effect.
  11. Acceptance of a Quote constitutes acceptance of these Terms.
  12. When you accept a Quote, you will be asked to confirm a start date for the Job. This will be managed through your Account. You may also be required to pay a deposit for finishing Job Milestones, depending on the value of your Job. Where we require the payment of a deposit, it is a condition of the Quote that the deposit is paid before the Quote can be accepted.
  13. During a Surveyor assessment, it may not be possible to identify every Job Risk. If a Job Risk is discovered before or during the performance of a Job we reserve the right to halt any and all performance of the Job until we are satisfied that the Job Risk has been resolved. We take the safety of our Customers and Workers very seriously and want the performance of a Job to be as smooth and safe as possible.

The Europa guarantee

  1. Sometimes we will offer you a Job Guarantee. The Job Guarantee covers against defects in workmanship and/or trade materials. The Job Guarantee period will vary according to the nature of the Job up to a maximum of 5 years, commencing on the day the Job is deemed Complete. Where we offer a Job Guarantee we will tell you about this in the Quote and will annex the Guarantee terms to these Terms.
  2. A Job Guarantee will not apply:
    1. to any parts or materials used during the performance of the Job if they were supplied by any person other than the Surveyor or us;
    2. where any part of the Job is carried out or interfered with by any party other than the Surveyor or us; or
    3. if you close your Account during a Job Guarantee period.
  3. We will not carry out any remedial work in accordance with our Job Guarantee unless the Job has been Completed.
  4. We reserve the right to cancel or suspend a Job Guarantee at any time if we are no longer covered by our Insurer’s warranty.

Jobs

  1. You need to provide clear access to the Property and all other necessary arrangements to enable the Workers to perform the Job until the Job is Complete.
  2. If, when the Workers has finished the Job, the Job is not finished to your satisfaction you must notify us immediately and we will use our reasonable endeavours to remedy the situation. Such efforts may include but are not limited to requesting you to provide a snagging list, containing a list of small, remedial tasks for worker’s attention.
  3. When the Job is Complete we may ask you for feedback in relation to the way in which the Job was carried out.
  4. Sometimes, due to the nature of the Job, the requirements may change as the Job is performed. If the Job changes, you will be asked to accept a variation request that we will present you with, which will outline various options available to you and additional payments that may be required.
  5. It is the responsibility of the Customer to obtain any and all permits, licences and other consents necessary for the lawful performance of a Job.
  6. We may, acting reasonably, temporarily or permanently suspend any Job at any time for technical, legal or operational reasons.

Payment

  1. Payment for a Job will be as follows:
  2. Notwithstanding the provisions in Clause 6.1, when you sign a variation request in accordance with Clause 5.7 we may require a payment plan different than described in the Quote for the remaining performance of the Job and/or Job Milestones.
  3. You can pay for Jobs and Job Milestones by debit card or credit card through the Site using a secure payments process or by bank transfer directly from your bank to ours or cash
  4. If a Job or Job Milestone has been Completed within five Business Days from the date the workers finishes the Job or Job Milestone and you have not notified us of a problem with the Job or Job Milestone you will be deemed to have notified us that the Job or Job Milestone is finished to your satisfaction and the corresponding payment will become due.
  5. Where a Job Milestone is finished but not Complete we reserve the right to cease the continuation of any Job we are performing for you at any time.
  6. Ownership of any materials, parts and equipment that we sell to you during the performance of a Job will only pass to you once the Job is Complete. We will use our reasonable endeavors to pass on to you the benefit of any manufacturer’s warranty in respect of material, parts and equipment sold to you.
  7. Where a payment to us becomes due under these Terms and remains unpaid we reserve the right to pass your details to debt collection and credit agencies.

Photographs

  1. We will need to take photographs of the Property. You consent to the photographer taking a reasonable number of photographs of the Property

Customer’s responsibility to us

  1. The Customer warrants that:
    1. the information they provide to us and to our workers, whether orally or in writing, is correct;
    2. they will be ready to receive our Surveyor or supervisor at the Property at the date and time of appointment for the Job assessment;
    3. they will provide clear and safe access to the work area within the Property and provide the workers with a supply of mains electricity, gas and water where reasonably required by the workers;
    4. they have obtained any and all necessary permits, licences and other consents necessary for the lawful performance of a Job;
    5. by entering into and performing their obligations under these Terms they will not thereby be in breach of any obligation which they owe to any third party; and
    6. they will perform their obligations under these Terms in a timely manner.
  2. The Customer will inform the surveyor about anything they believe is or may be dangerous or hazardous in the Property before the workers arrives at the Property.
  3. The Customer agrees to pay us the cost to replace or repair (as we may reasonably decide) any materials, parts and equipment that the workers brings to the Property to use for a Job that are lost, damaged or destroyed whilst the workers are not present at the Property.

Our liabilities

  1. Notwithstanding any contrary provision in these Terms, we do not limit or exclude our liability in respect of any:
    1. death or personal injury caused by our negligence;
    2. fraud; or
    3. statutory or other liability which cannot be excluded by law.
  2. We exclude to the fullest extent permissible by law our liability to the Customer or any other person for any damage to the Property or other property, costs, expenses, claims or any losses of any kind suffered by you or any other person:
    1. where you have not disclosed all relevant information necessary for the Supervisor and workers to assess or perform the Job;
    2. where the workers have been unable to access the Property;
    3. where we temporarily or permanently cease to continue a Job in accordance with Clauses 5.9 or 6.6;
    4. due to work carried out by other trade providers at the Property; and
    5. due to a workers carrying out work other than in accordance with a Job.
  3. Any liability to the Customer for each Job under these Terms shall be limited to any losses the Customer suffers to the extent that they are a foreseeable consequence to both us and the Customer at the time the Quote was accepted and in any event shall not exceed the sum of the payments made by the Customer and received by us for the Completed Job or Job Milestones.
  4. The Europa Service is for non-commercial use only. Any liability to the Customer for each Job under these Terms shall not in any event include business losses such as lost data, lost profits or business interruption.
  5. Nothing in these Terms limits or excludes your statutory rights.

Term

  1. Subject to Clauses 11 and 12, these Terms shall apply from the date you accept the Quote and shall continue until the Job is Complete.

Your right to cancel a job

  1. You can make a request to cancel a Job prior to its Completion where the workers:
    1. is not performing the Job in a safe and environmentally friendly way; or
    2. if the Job is of an unacceptable standard, and fails to correct the matter within seven Business Days of you notifying us of the matter.
  2. Before cancelling a Job, we reserve the right to investigate the reasons for cancellation and suggest alternative solutions which include but are not limited to having a different workers perform the remainder of the Job.
  3. Where a Job is cancelled we may at our absolute discretion retain any deposit and payments made on the Completion of any Job Milestone. You will also lose any Job Guarantees we have provided you with.
  4. If you cancel a Job other than pursuant to these Terms, you shall indemnify us against all damage to the Property or other property, costs, expenses, claims or any losses of any kind suffered by you or any other person arising out of or in connection with the cancellation.
  5. The following Clauses of these Terms, together with all other provisions of these Terms which are intended to have effect following any expiry or termination of these Terms, shall survive expiry or termination of these Terms to the fullest extent permissible by law: Clause 1 (Definitions); Clause 8.1.5, Clause 8.4, Clause 8.5, Clause 9 (Our Liabilities), Clause 16 (Governing Law and Jurisdiction) and Clause 19 (Variation).

Our right to cancel a job

  1. We may cancel a Job at any time where:
    1. you fail to pay any outstanding amount owed to us within five Business Days of the amount becoming due;
    2. you prevent or obstruct the workers from carrying out the Job;
    3. you having committed any serious or persistent breach of these Terms;
    4. we undergo an Insolvency Event; or
    5. you are in breach of Clauses 2.6.1 or 8.1.4,

such cancellation taking effect immediately upon us notifying you.

  1. If we cancel a Job either under these Terms or otherwise we will retain any deposit and payments made for the Completion of any and all Job Milestones.

Assignment

  1. You may not at any time assign or transfer all or part of your rights and/or obligations under these Terms. We may assign and transfer our rights and/or obligations under these Terms where we reasonably believe your rights will not be affected.

Notices

  1. All notices which are required to be given from time to time under these Terms shall be sent using the Porta, via email and shall be deemed to have been served when actually received.

Rights of third parties

  1.  person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or to enjoy the benefit of any term of these Terms.

Governing law & jurisdiction

  1. These Terms shall be construed in accordance with the laws of England and Wales and all disputes, claims or proceedings between us and any party relating to the validity, construction or performance of these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Force majeure

  1. Neither we nor the Customer shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control (including but not limited to strikes, lock-outs, industrial disputes, floods, storms, fires and acts of God). If the period of delay or non-performance continues for four weeks, the party not affected may terminate the Job(s) which is affected by the delay or non-performance by giving five Business Days’ notice to the affected party. Any such cancellation may also have an impact on any refund due for any work that has not yet been undertaken but where parts or materials have been purchased in order to satisfy the completion of the Job Milestone.

Illegality

  1. If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever including, but without limitation, by reason of the provisions of any legislation or other provisions having the force of law or by reason of any decision of any court or other body or authority having jurisdiction over the parties of these Terms such terms or provisions shall be divisible from these Terms and shall be deemed to be deleted from these Terms.

Variation

  1. We may amend these Terms from time to time. You will be notified of any amendments to these Terms via the Portal.

Waiver

  1. The failure to exercise or delay in exercising a right or remedy provided to us under these Terms shall not constitute a waiver of that right or remedy, and no waiver by us of any breach of these Terms constitute a waiver of any subsequent breach of the same or any other provision. Each of our rights or remedies under these Terms are without prejudice to any of our other rights or remedies under these Terms or at law.

Entire agreement

  1. These Terms and any other document expressly referred to (including Quotes) constitutes the entire agreement and understanding between the Customer and us and supersedes any other agreement or understanding (written or oral) between the Customer and us.
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