The Terms and Conditions as set out below are taken as accepted by you by continuing to access this Website including placing an order. If you do not agree to be bound by these Terms and Conditions you may not use this website and any service contained within.
At the time of purchase please use the print icon on the right to print out these terms and conditions as they may change later. If print is not available use your system’s cut and paste to save a copy as a text file,
A plain english summary of these terms and conditions will be provided to you at an initial visit.
1. Glossary of Terms
In this Agreement the following terms shall have the following meanings unless the context otherwise requires. Reference in this Agreement to the masculine shall include the feminine and any reference to the singular shall include the plural.
“Proprietor” includes Louisa Bavington trading as Cat Companion or any party acting on the instructions of Louisa Bavington trading as Cat Companion.
“We”, “Us”, “Our”, Sitter includes the Proprietor, or any party acting on the Proprietor’s instructions including website administrator of the Proprietor, Oakwood Trading Ltd.
“Service” and “Services” means the providing of pet sitting service or any other Service of the Sitter.
“Web Service” and “Web Services” means the providing of website services and website connectivity,
“Agreement” means any contract for the provision of Services by the Sitter to the Customer or which incorporates these Conditions.
“You”, “Your”, “Customer” and includes the person or persons party to an Agreement for Services by the Sitter.
“Pet”, “Pets” means the small animals for which care is to be provided by the Sitter.
Where appropriate words signifying one gender shall include the other and words signifying the singular shall include the plural and vice versa.
“Schedule” means details of the Client, emergency contact, veterinary and pet, including the planned visits ny the Sitter to the Customer's residence for the purpose of providing care to the pet.
“First Date of Visit” is the date of commencement of the provision of services by the Sitter not including any prior visit for the purpose of setting up this Agreement.
“Last Day of Visit” is the date of the last planned provision of services by the Sitter after which responsibility for the care of the pet by the Sitter ceases.
“Intellectual Property Rights” means all or any registered or unregistered intellectual property rights in any part of the world, including but not limited to patents, design rights, copyrights, topographical rights, know-how, rights in inventions and ideas and rights to confidence together with any right to apply for any such intellectual property rights and the benefit of any applications for any such intellectual property rights.
2. Headings
2.1 The headings in this Agreement are for convenience only and shall not affect the interpretation of these Conditions.
3 Relationship and Responsibilities
3.1 It is understood that the Customer retains the Services of the Sitter as an Independent Contractor and not as an employee. The Sitter undertakes to perform the agreed Services in a professional, reliable and caring manner and the Customer undertakes to provide all relevant information to assist in this performance.
3.2 The Sitter will keep secure and confidential all keys, remote control entry devices, alarm or access codes and personal information of the Customer and to return same to the Customer after the Date of the Last Visit or immediately on demand.
4 Duration and Term
4.1 We agree to provide the Services outlined in the Schedule from the Date of the First Visit to the Date of the Last Visit as specified in the Schedule.
4.2 The term of this Agreement may be extended if requested by You and accepted by Us.
4.3. You will confirm the date of your ability to resume care for the Pet or Pets prior to or on the Date of the Last Visit failing which We may perform additional visits in the interest of the Pet or Pets. You agree to pay Us for such additional visits or duties which shall be calculated at fifteen pounds per visit.
5 Compensation
5.1 You agree to pay Us the Fee specified in the schedule attached to this agreement without deduction made for late departure or early return of the Customer except by Our written consent.
5.2. You agree to pay additional fees to Us for the purchase of necessary items for the care of the pet or pets, including but not limited to pet food, litter or cleaning supplies, transportation, unexpected visits and emergency expenses for health care. We shall retain and submit receipts as proof of additional expenses.
53 You agree to pay the amount of the Deposit to Us prior to the Start Date of this agreement as specified in the schedule and pay the balance to Us within seven days of the date of issue of the account for the outstanding balance.
6. Cancellation or Termination
6.1. Either party may terminate this Agreement a minimum of forty-eight hours prior to the Date of the First Visit without incurring penalties or damages.
6.2 The Customer may terminate this Agreement less than forty-eight hours prior to the Date of the First Visit without incurring penalties or damages if such cancellation is caused by severe weather, death in the family or a medical emergency.
6.3 The Customer may terminate this Agreement less than forty-eight hours prior to the Date of the First Visit by forfeiting the Deposit specified in the Schedule.
6.4. Where We are unable to perform the Services due to unforeseen circumstances later than 48 hours prior to the Date of the First Visit, We may with the written approval of the Customer appoint a substitute and if such approval is not given by You the Agreement is terminated and any Deposit paid by You to Us returned.
6.5. The Sitter may terminate this agreement at any time should it become apparent that the Customer has provided the Sitter with wrongful or misleading information and such termination shall not entitle the Customer to any reduction in the Fees specified in the Schedule.
7. Emergency
7.1. Should any pet appear in need of medical attention, the Sitter will attempt to contact the Customer and or Emergency Contact specified in the Schedule to decide appropriate action which may result in transport of the Pet to the listed veterinarian or alternative clinic, on-site treatment from a veterinarian or any other action deemed necessary by the Sitter which in any case the costs of such action shall be born by the Customer and at the discretion of the Sitter terminate the Agreement without reduction in the Fee payable by the Customer to the Sitter.
7.2. Should any pet become aggressive or dangerous, the Sitter will attempt to contact the Customer and or Emergency Contact specified in the Schedule to decide appropriate action which may result in the transfer of responsibility for the pet to a third party, the placement of the pet into an animal care facility or any other action deemed necessary by the Sitter which in any case the costs of such action shall be born by the Customer and at the discretion of the Sitter terminate the Agreement without reduction in the Fee payable by the Customer to the Sitter.
8. Waiver
11.1 Failure by the Sitter to enforce any accrued rights under the Agreement is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
9. Limitation of Liability
9.1 Nothing in this Agreement excludes either party’s liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.
9.2 Any of Your pets accessories, toys or similar articles that are provided by You for use remain at Your risk, and We will not be liable for their loss or damage.
9.3 Neither party will be liable to the other under this contract for any loss or damage caused by it or its employees or agents in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach or any increase in loss or damages results from breach by the party suffering loss of any terms of this Agreement. Further, our liability shall not in any event include losses related to your business such as but not limited to, loss of profits or business interruption.
9.4 The Sitter shall not be liable for any breach of security or loss of or damage to the Customer's property if any other person has access to the property during the term of this Agreement.
9.5 The Sitter shall not be liable for any mishap of whatsoever nature which may befall a pet or caused by a pet who has unsupervised access to the outdoors by means of, but not limited to, a cat flap.
9.6 The Sitter shall not be liable for any mishap of whatsoever nature related to transporting the Pet to and from, but not limited to a veterinary clinic or animal care facility.
9.7 The Customer shall be liable for all medical expenses and damages resulting from an injury to the Sitter caused by the Pet.
9.8 Our liability to you in contract, tort, negligence or otherwise arising out of or in connection with this Agreement shall for any one incident or series of related incidents be limited to the amount payable under the terms of Our insurance.
10. Indemnity
10.1 You shall indemnify Us and keep Us indemnified and hold Us harmless from and against any breach by You of these terms of business and any claim brought against Us by a third party resulting from the provision of Services by Us to You and Your use of the Services including use without Your consent including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses including reasonable legal costs and expenses, howsoever suffered or incurred by Us in consequences of Your willful or negligent conduct or breach or non-observance of any of the terms of this Agreement.
14. Force Majeure
14.1 Neither party will be liable to the other for any failure to deliver the Services or for any breach by it of this Agreement, where such failure or breach is due to a reason outside the reasonable control of such party, including, but not limited to, lightning, exceptionally severe weather, fire, explosion, war, riots, industrial disputes, acts of terrorism, government action or regulation or national or local emergency.
15. Whole Agreement
15.1These Terms and Conditions, the Schedule and any Veterinary Release Form attached constitute the sole and entire Agreement between the parties with regard to the subject matter hereof. The parties waive the right to rely on any implied provision not contained therein. Any alteration to this Agreement must be in writing and signed by both parties.
16. Assignment
16.1 Except as allowed for in these Terms and Conditions no party may assign any of its rights or delegate or assign any of its obligations arising from this Agreement without the prior written consent of the other party.
17. Our Website
17.1 Your use of this (catcompanion.co.uk) website and any service contained within constitutes acceptance of these Terms and Conditions.
17.2 The Organisation grants you a license to access the content, information and services contained within our website. This license allows you to download and cache (using your browser) individual pages from our website. This license does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
17.3 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
17.4 Oakwood Trading Ltd acts on behalf of the Proprietor as an Internet Services Provider and presumes that the facilities provided will be used within the law. To the extent allowed the Oakwood Trading Ltd does not accept responsibility for infringement of the law due to actions, or lack of action by You or the Proprietor.
17.5 You accept and acknowledge that the Services, like other Internet applications, are not secure and we do not guarantee the prevention or detection of any unauthorised attempts to access the Services.
17.6. Copyright Notice. All content, databases, graphics, buttons, icons, logos, layouts and look and feel are the copyright of the Prorietor or others contributing to the content or structure of the site, unless expressly acknowledged as otherwise. In accessing these web pages, you agree that any downloading of content is for personal, non-commercial reference only. No part of this web site may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of the Organisation.
12. General
12.1 The parties agree that any or all parts of this agreement may be submitted to the other party in legible and recordable electronic form and upon acknowledgement of receipt by the receiving party shall become valid parts of the agreement.
12.2 These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. Your statutory rights are unaffected.