Terms and Conditions

Definitions

“EPC Choice Ltd” - A company which acts as a Disclosed Agent between the Service Provider and the Customer.
“Disclosed Agent” - An agent acting on behalf of the Service Provider and who discloses this fact to the Customer.
“Service” - The service provided to the Customer.
“Service Provider” - A person or corporation who provides services to a Customer.
“Customer” - A person or corporation to whom the Service Provider provides their services.
“Service Fee” - The fee collected from the Customer for the Service.
“Abortive Fee” - A fee payable in the event that the Service cannot be provided.
“Panel” - A membership scheme provided by the Disclosed Agent to the Service Provider that provides access to The Portal.
“The Portal” - A platform provided by the Disclosed Agent to facilitate the provision of Services.
“Terms” / “Agreement” - These Terms and Conditions.

Introduction

These terms and conditions apply to the provision of Services facilitated by the Disclosed Agent on behalf of the Service Provider to a Customer.

Acceptance of Terms and Conditions

By providing Acceptance of Service when offered the opportunity to undertake a Service, the Service Provider acknowledges and agrees to be bound by these Terms and Conditions. These Terms and Conditions are made available on the EPC Choice Ltd website, and the Service Provider's acceptance is confirmed through their Acceptance of Service.

Service Provision

The Disclosed Agent’s role is to facilitate the provision of Services by introducing the Customer to a suitable Service Provider. The actual service will be provided by the Service Provider.

Service Relationships

The Disclosed Agent and Customer: The Disclosed Agent acts as an intermediary and is responsible for introduction, administration, and collection of payment on behalf of the Service Provider.
Disclosed Agent and Service Provider: The Disclosed Agent coordinates with the Service Provider for Service provision by way of introduction, administration, and collection of payment. The Disclosed Agent does not provide the Service.

Fees and Payment

The Customer agrees that the Disclosed Agent will collect payment for the Services provided by the Service Provider.
Payment to the Service Provider becomes due upon completion of the Service provided by the Service Provider unless payment has been made prior.
The Disclosed Agent will remit the payment to the Service Provider in full minus any agreed-upon fees for the Disclosed Agent’s services within a specified time frame after collecting the fee from the Customer.
Payment to the Service Provider will be made 30 days from the date that the Service Provider submits their Invoice to the Disclosed Agent.
The Service Fee shall be clearly stated via the Portal and upon acceptance of the Service the Service Provider agrees that stated Service Fee shall constitute a binding agreement.
All payments collected on behalf of the Service Provider are to be made in £(British Pound).
Under no circumstances should the Service Provider collect payment from the Customer. In this event, the Service Provider will be required to reimburse the Disclosed Agent the full Service Fee.
If following completion of the services, additional information is provided which results in changes to the service provided, a £7.50 fee will be payable to the Service Provider.
The Disclosed Agent reserves the right to retain payment for all / any Service Provider Fee in the event of a failure of the Service Provider failing to provide the Service to a satisfactory standard or that results in a complaint or adverse review.
All prices confirmed will show whether VAT is to be levied.

Obligations of the Service Provider

The Service Provider shall provide services in a professional and competent manner in accordance with industry standards and regulations.
The Service Provider is responsible for maintaining their own insurance and adhering to all relevant legal and regulatory requirements.
The Service Provider shall not subcontract, assign, or transfer any part of the services provided under this agreement to any third party without the prior written consent of the Disclosed Agent.
Notwithstanding the termination of the Service Provider’s membership of the Panel, the Service Provider shall remain obligated to complete any Service, re-inspections, or other post-service requirements related to services already provided, for a period of 12 months following the termination. This obligation applies regardless of the reason for termination and includes the Service Provider’s responsibility to ensure all compliance with the Terms and Conditions.

Non-Circumvention

>The Service Provider agrees that during the term of this Agreement and for a period of 12 months following the termination of their relationship with EPC Choice Ltd (the "Disclosed Agent"), they shall not directly or indirectly:

Engage with any Customer introduced by the Disclosed Agent for the purpose of providing services outside the scope of this Agreement or in any manner that circumvents the Disclosed Agent.
Offer or provide services that are not authorised or approved by the Disclosed Agent to any Customer introduced by the Disclosed Agent.

In the event that the Service Provider breaches this clause, they shall pay to the Disclosed Agent liquidated damages equal to the total amount of fees the Disclosed Agent would have received from the Customer had the agreement not been breached, in addition to any other remedies available by law.

This non-circumvention clause shall apply to the Service Provider’s direct actions as well as any actions taken through third parties to circumvent the terms of this Agreement.

Customer Responsibilities

The Customer shall provide accurate and complete information necessary for the Service Provider to perform services.
The Customer agrees to adhere to payment terms as agreed with the Disclosed Agent on behalf of the Service Provider.

Cancellation

The customer can reschedule the Service appointment up to 24 hours prior to the date for which the Service had been scheduled. No Abortive Fee will be payable to the Service Provider.
If a Service appointment is cancelled or rescheduled within 24 hours of the scheduled appointment the Disclosed Agent will attempt to collect an Abortive Fee of £25.00 from the Customer.
In the event that the Disclosed Agent is unable to collect the Abortive Fee there will be no liability on the part of the Disclosed Agent to pay the Abortive Fee to the Service Provider.
The Disclosed Agent reserves the right to introduce an alternative Service Provider at their discretion and without explanation and in that event no Abortive Fee will be paid to the Service Provider.

Confidentiality and Data Protection

All parties agree to maintain confidentiality of any proprietary or personal information shared during the course of service provision.
Data protection shall be in accordance with the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018.

Liability and Indemnity

The Disclosed Agent's liability is limited to the scope of introduction, administration, and payment collection functions.
The Service Provider is liable for the quality and delivery of their services.
The Service Provider agrees that the entire aggregate liability for any direct or indirect loss arising from the Customer being in breach of these Conditions will not exceed the cost of the Service.
Under these Terms all warranties, conditions, and other terms implied by statute or common law are excluded to the maximum extent allowed under the applicable laws.

Termination

The Service Provider may terminate their membership in the Panel by providing at least 60 days’ written notice to The Disclosed Agent. During the notice period, the Service Provider is required to fulfil all contractual obligations under these Terms and Conditions, including the completion of any outstanding Services and any other responsibilities. The Disclosed Agent reserves the right to retain payment for all / any Service Provider Fee in the event of a failure of the Service Provider failing to provide the outstanding Service to a satisfactory standard or that results in a complaint or adverse review.
The Disclosed Agent may terminate the Service Providers membership of The Panel at its discretion and without notice.

Dispute Resolution

Any disputes arising under these terms shall initially be resolved through negotiation.
If unresolved, disputes shall be subject to arbitration or legal proceedings under UK law.

Governing Law

These terms and conditions shall be governed and construed in accordance with the laws of the United Kingdom.

Amendments

These terms may be amended by the Disclosed Agent with prior notice to the Service Provider.

Entire Agreement

These terms constitute the entire agreement between the Disclosed Agent, Customer, and Service Provider regarding the Disclosed Agent’s services and supersede any prior agreements or understandings.

EPC Choice