1               Definitions

1.1            In these terms and conditions, unless otherwise stated, the following terms shall have the following meanings:

1.1.1         “Client” means the person, firm or company seeking to engage the Service Provider for the provision of the Services designated in the Order;

1.1.2         “Services” means the services to be provided to the Client as described in the Order;

1.1.3         “Service Provider” means Grant Lindsay of Purrfect Cats Glasgow;

1.1.4         “Contract” means the contract consisting of these Terms and Conditions and the Order for the provision of the Services made between the Service Provider and the Client but which may be constituted in any form;

1.1.5         “Dates” means the dates during which the Service Provider agrees to provide the Services to the Client as detailed in the Order;

1.1.6         “Order” means the description of the Services annexed to these Terms and Conditions and forming part of the Contract;

1.1.7         “Fee” means the fee payable to the Service Provider by the Client as specified in the Order;

1.1.8         “Intellectual Property Right” all patents, right to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or the suitable passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or un-registered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world; and

1.1.9         “Terms and Conditions” means these terms and conditions.

1.2            Each Order issued by the Service Provider (in whatever form) and accepted by the Client shall constitute a separate Contract.

2               Service Provider's Terms and Conditions to Apply

2.1            These Terms and Conditions and the Order shall apply to and govern any Contract or transaction between the Service Provider and the Client and shall supersede and take precedence over any other terms and conditions, whether written or oral, and notwithstanding anything to the contrary in such other terms and conditions.

2.2            No amendment, variation of, or addition to any part of these Terms and Conditions may be made except in writing signed by a duly authorised representative of the Service Provider and the Client and any other amendments, variations etc. or purported amendments, variations etc. to these Terms and Conditions shall be invalid and unenforceable.

3               Fees for the Services

3.1            The Service Provider shall provide the Services to the Client and the Client shall pay the Fees in accordance with these Terms and Conditions and the Order.

3.2            The Services will be provided to the Client subject to the Service Provider’s availability at the time of receipt of any Order or instruction and as subsequently agreed and the Service Provider shall have no liability whatsoever to the Client if the Service Provider is unavailable to provide the Services for any reason.  Unless credit terms or other payment arrangements have been agreed in writing, the Fees for the Services shall be invoiced and paid on the dates specified in the Order.

3.3            Any Fees quoted by the Service Provider shall, unless otherwise indicated, be inclusive of travel.

3.4            The Service Provider reserves the right to increase or otherwise vary the Fees for the Services where, after a request for provision of the Services has been made by the Client but prior to provision of the Services, new, additional, or increased taxes, levies, tariffs, or duties are levied in respect of the Services by H M Government (including the Inland Revenue and H M Customs and Excise) or any other taxing authorities.

3.5            If any invoice remains unpaid beyond the agreed date for payment, interest will run on the amount outstanding at the rate of Four (4) per cent per annum above the base lending rate of the Bank of Scotland from time to time.

3.6            The Client shall have no right to set off any sums due or to become due by it to the Service Provider against any sums due or to become due by the Service Provider to the Client, and the Client shall make payment of any sums invoiced by the Service Provider in respect of the Contract and/or the Services and any interest due without any set off, compensation or deduction of any kind.

4               Provision of the Services

4.1            Subject to Clause 3.2 above and unless otherwise agreed in writing, the Service Provider shall provide the Services at such place or address, during such Dates and for the Term as specified in the Order.

4.2            If the Service Provider is unable for any reason to provide the Services at the location and/or on the Dates specified in the Order, the Service Provider will notify the Client as soon as reasonable practicable.

4.3            If the Service Provider’s performance of its obligations under this Contract is prevented or delayed for any reason whatsoever the Service Provider shall not be liable for any costs, charges or losses sustained or incurred by the Client arising directly or indirectly from such prevention or delay.

5               Intellectual Property Rights

5.1            All Intellectual Property Rights in all documents, products, brochures, books and other materials developed and prepared by the Service Provider for use in relation to provision of the Services shall be owned by the Service Provider and shall not be copied or otherwise reproduced without the prior written consent of the Service Provider.

6               Warranties and Implied Terms

6.1            The Service Provider shall use its reasonable endeavours to manage and complete the Services in accordance with the Contract.

6.2            Except to the extent implied by law and which by law cannot hereby be excluded, the Service Provider shall not under any circumstances be liable to the Client for any indirect or consequential loss including without prejudice to the foregoing generality, financial loss, loss of profits, production, anticipated savings or income.  Where any person, firm or company by whom the Service Provider is or has been engaged excludes limits or restricts its liability to the Service Provider in respect of the Services or any of them or any loss or damage arising in connection therewith, then the liability of the Service Provider shall be correspondingly excluded, limited or restricted.

7               Termination

7.1            The Service Provider shall be entitled to terminate the Contract or any other contract for the provision of the Services between the Client and the Service Provider in the event that the Client is in material breach of any terms thereof and such breach is not remedied within 7 days of receipt of notice of such breach.  Furthermore, all sums due by the Client to the Service Provider at the date of termination of the Contract or any other such contract shall become immediately due and payable by the Client to the Service Provider without prejudice to the Service Provider's whole other rights and remedies.

7.2            In the event that the Client, being a limited Company, becomes unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or has a Receiver, Liquidator (including a Provisional Liquidator) or Administrator appointed to it, or being an individual, firm or partnership becomes apparently insolvent or has a Trustee in Sequestration appointed to his or its estate or the equivalent thereof in any foreign jurisdiction, the Service Provider will be entitled to terminate the Contract or any other contract for the provision of the Services.  In such event all sums due by the Client to the Service Provider at the date of termination of the Contract or any other such contract shall become immediately due and payable by the Client to the Service Provider, without prejudice to the Service Provider's whole other rights and remedies.

8               Entire Agreement

8.1            These Terms and Conditions and the Order shall constitute the entire agreement and understanding between the parties with respect to its subject matter and shall supersede in all respects all prior writings and communication, entered into between them.

9               Confidentiality

9.1            The Client shall keep in strict confidence all technical or commercial know-how, specifications, processes or initiatives which are of a confidential nature and have been disclosed to the Client by the Service Provider, its employees, agents or sub contractors and any other confidential information concerning the Service Provider’s business which the Client may obtain.          

10             Notices

10.1          Any notice required to be given by either party to the other shall be in writing and may be given by hand or sent by first class pre-paid post to the other party at the address stated in the Order or such other address or e-mail address, as may be subsequently notified to the other party.

10.2          Any notice will be deemed to have been received if given by hand upon delivery, if by post three days after posting, and if by e-mail upon being sent.

11             Severability

11.1          To the extent that any clause or part of these Terms and Conditions is or becomes invalid or unenforceable for any reason, the remainder of these Terms and Conditions shall remain in full force and effect to the intent that any invalid or unenforceable clause or provision shall be entirely separate and separable.

12             Force Majeure

12.1          The Service Provider shall be entitled to cancel or suspend the Contract and/or the provision of the Services without liability for loss or damage if performance of its obligations is prevented or in any way adversely affected by reason of any act or occurrence beyond its reasonable control including, without prejudice to the foregoing generality, fire, accident, failure of suppliers or sub-contractors, strike, riot or civil disturbance, statutory enactment or Act of God.

13             Governing Law

13.1          The Contract and these Terms and Conditions shall be governed by the Law of Scotland and the Service Provider and the Client hereby prorogate the non-exclusive jurisdiction of the Scottish Courts.

 cat sitting home visits, catsitting, cats, sitting glasgow, pet sitting, Glasgow cat sitting, cat sitters, pet sitter, home visits for cats, alternative to catteries, purrfect cats, cats glasgow,cat sitting glasgow, alternative to cattery