Customer Terms

Updated August 5, 2020


Our Customer Terms

  1. These terms
    • What these terms cover. These are the terms and conditions on which we supply services to you.
    • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
  2. Information about us and how to contact us
    • Who we are. We are Toolsoup Limited a company registered in Scotland. Our company registration number is SC614067 and our registered office is at Harper Macleod Llp Alder House, Cradlehall Business Park, Inverness, United Kingdom, IV2 5GH. Our registered VAT number is GB311039749.
    • How to contact us. You can contact us by writing to us at [email protected].
    • How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
    • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails, texts, direct messages and in-app messages.
  3. Our contract with you
    • How we will accept your order. Our acceptance of your order will take place when we send you a notification over the app to accept it, at which point a contract will come into existence between you and us.
    • If we cannot accept your order. If we are unable to accept your order, we will inform you of this via email or in-app messages and will not charge you for the service. This might be because of unexpected limits on our resources which we could not reasonably plan for, if no professional is available in your area or because we have identified an error in the price or description of the service or because we are unable to meet a service deadline you have specified.
  4. Our services
    • We allocate the services to our team of professionals who will use best endeavours to perform the service you have requested in the app.
  5. Your rights to make changes
    • If you wish to make a change to the service you have ordered, please make the change to the service in the app or contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
  1. Our rights to make changes
    • Minor changes to the services and products used to perform services:
      • to reflect changes in relevant laws and regulatory requirements; and
      • to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product or service.
    • More significant changes to the services and these terms. In addition, as we informed you in the description of the service on our app, we may make material changes to these terms or the services offered, but if we do so we will notify you and if this will materially affect your use of the app and/or service you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.
  2. Providing the services
    • When we will provide the services.
      One-off services. We will begin the services on the date and time specified in the App and as agreed during the order process.
      Ongoing services. We will supply the services to you until the services are completed.
    • We are not responsible for delays outside our control. If our supply of services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
    • If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 2 will apply.
    • What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you. If so, we will contact you via the App to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
    • Reasons we may suspend the supply of services to you. We may have to suspend the supply of a service to:
      • deal with technical problems or make minor technical changes;
      • update the services to reflect changes in relevant laws and regulatory requirements;
      • make changes to the services as requested by you or notified by us to you (see clause 6).
      • Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than14 days and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.
      • We may also suspend supply of the services to you. If you do not pay us for the services when you are supposed to (see clause 4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. As well as suspending the services = we can also charge you interest on your overdue payments (see clause 12.5).
  1. Your rights to end the contract
    • You can always end your contract with us. Your rights when you end the contract will depend on what you service have bought, how we are performing and when you decide to end the contract:
      • If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back), see clause 11;
      • If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
      • If you have just changed your mind about the service, see clause 8.4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
      • In all other cases (if we are not at fault and there is no right to change your mind), see clause 5 or clause 8.8.
    • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
      • we have told you about an upcoming material change to the services or these terms which you do not agree to (see clause 2);
      • we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
      • there is a risk that supply of the services may be significantly delayed because of events outside our control;
      • we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
      • you have a legal right to end the contract because of something we have done wrong.
    • When you don’t have the right to change your mind. You do not have the right to change your mind in respect of services, once these have been completed, even if the cancellation period is still running.
    • How long do I have to change my mind? If you have bought services from us, you have 14 days after the day we confirm we accept your order via the App. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
    • Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund (or, if you have not made an advance payment), charge you reasonable compensation for the net costs we will incur as a result of your ending the contract
  2. How to end the contract with us (including if you have changed your mind)
    • Tell us you want to end the contract. To end the contract with us, please let us know via the App or by email to [email protected].
    • Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
    • When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then your refund will be made within 14 days of your telling us you have changed your mind
  3. Our rights to end the contract
    • We may end the contract for the following reasons: We may end the contract for a service at any time by writing to you if:
      • you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
      • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services; or
      • you do not, within a reasonable time, allow us access to your premises to supply the services.

Notwithstanding the above, we may cancel your order placed via the App with 24 or 72 hours’ notice with no penalty or obligation to compensate you. We will endeavour to find a replacement professional or we will suggest a new time for the Services to be completed.

  • You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
  1. If there is a problem with the service
    • How to tell us about problems. If you have any questions or complaints about the services, please contact us via the App or by email [email protected] and we will endeavour to put the service right.
  2. Price and payment
    • Where to find the price for the service. The price of the service (which includes VAT) will be the price indicated on the App when you place your order. If required, the professional may update the order while on your premises via the App to suit the services you require. You will need to approve these changes before the services can begin. We take all reasonable care to ensure that the price of the service advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the service you order.
    • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the service, we will adjust the rate of VAT that you pay, unless you have already paid for the service in full before the change in the rate of VAT takes effect.
    • What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the services correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
    • When you must pay and how you must pay. We accept payment with credit and debit cards via the App. Services will be paid for on the date of performance after the two-way authentication has been completed by you and the professional.
    • We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Clydesdale Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
  3. Our responsibility for loss or damage suffered by you
    • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill[, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the
    • When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
    • We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  4. How we may use your personal information
    • How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
  5. Other important terms
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    • You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
    • Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
    • Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.