TERMS AND CONDITIONS

These terms and conditions are divided into the following parts:

(A) a disclaimer of liability;
(B) terms and conditions governing the use of this website;

By using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website. If you register with our website or buy any product or service from our website, we will ask you to expressly agree to these terms and conditions.

Our website uses cookies. By using our website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

(A) General disclaimer

(1) Legal information

Much of the legal information on this website consists of summaries of complex legal issues. Legal and factual details and nuances are inevitably omitted from such summaries. Particular circumstances often radically affect the law that applies, and the way that the law applies.

You should therefore never apply the legal information to your own situation without conducting additional research or engaging a lawyer. Nor should you assume that all of the relevant legal material is included on our website.

The law changes constantly, and legal information is always liable to become out-of-date.

Most of the legal information on this website relates to the laws of England and Wales or the United Kingdom, or European Union law. However, this is not always the case. Do not assume that any particular item of legal information relates to any particular jurisdiction.

For all of these reasons, you must not rely upon any information on this website, and we recommend that you take professional legal advice before embarking upon any course of action (or omitting to take any action) that has or may have legal implications.

(2) Exclusion of warranties, representations and guarantees

We do not warrant, represent or guarantee:

the accuracy of the information published on this website;
the completeness of the information published on this website;
that the information published on this website is up-to-date;
or the information on the website can be applied to achieve any particular result.
To the maximum extent permitted by applicable law we exclude all representations, warranties and guarantees relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(3) Limitations and exclusions of liability

Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses.

We will not be liable to you in respect of any loss of or damage to profits, income, revenue, or anticipated savings.

We will not be liable to you in respect of any loss of use or production.

We will not be liable to you in respect of any loss of management time or office time.

We will not be liable to you in respect of any loss of business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

We will not be liable to you in respect of any losses arising out of any acts or omissions of any hosting services provider, payment services provider or other third party services provider.

You accept that we have an interest in limiting the personal liability of our LLP's members and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual members or employees in respect of any losses you suffer in connection with the website or these terms and conditions. This will not, of course, limit or exclude the liability of the LLP itself for the acts and omissions of our members and employees.

(4) Third party content

You acknowledge that some of the information published on this website is submitted or provided by users, law firm partners and other third parties, and that we do not usually review, approve or take editorial responsibility such information.

You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to he been aware of such comments, reviews and/or feedback.

(5) Website availability

From time to time the website or features of the website will be unavailable. Such unavailability may be the result of defects in the website software, scheduled or emergency maintenance procedures, or failures of third party service providers.

We do not commit to ensuring that the website will be available at any particular time.

Furthermore, we do not commit to ensure that the website will continue to be published in the future.

(6) Interactive features

Our website includes interactive features that allow users to communicate with us and our partner law firms. You acknowledge that, because of the limited nature of such communication, any legal assistance you may receive using any such facility is likely to be incomplete and may be misleading. Any legal assistance you may receive using any such facility does not constitute legal advice and accordingly should not be relied upon. No solicitor-client or attorney-client relationship shall be created through the use of our website.

(7) ContractAlert and other notification services

The ContractAlert service we provide is primarily intended to highlight changes in the law that may affect the drafting of contracts. However, neither it nor our other notification services are intended to be comprehensive, and they should not be treated as a comprehensive contract news or update services. We may discontinue the ContractAlert in our sole discretion at any time.

(8) Our partners

In addition to protecting Ashford Man and Van and its members and employees, the limitations of liability in these terms and conditions shall protect the following persons in respect of any claims made by any Ashford Man and Van customer or any user of this website: (a) any Ashford Man and Van partner; (b) any supplier of any legal document or documents made available on our website; (c) any supplier of other legal content made available on our website; and (d) any officer, employee, partner or member of any person referred to in sub-paragraphs (a) to (c). For the avoidance of doubt, this Section 8 shall not affect the terms of any solicitor-client or attorney-client relationship expressly agreed and entered into between a website user and any law firm.

(9) Our Liability to you

We offer a man and van service at an hourly rate per staff member needed and a mileage charge outside of Ashford. All jobs are timed from unlocking the van to locking up after the job, usually back at our base in Ashford. We price to the nearest 15 minutes or mile as per AA Route Planner or trip recorder in the van. Journey times will be actual time taken but the AA Route Planner is used to give a guide price prior. We have no control over outside influences such as road delays but will generally meet a client halfway on the time lost if there are substantial delays - we aim to be fair. All our jobs are estimated according to the information you gave upon booking and are a guide only. The final price may be less, it may be more if the estimated time is exceeded. We endeavour to be as accurate as we can be with the information we have - it is in all our interests to be able to plan our workload and attend jobs as near to the expected time as possible. We will always ensure your job is either fully completed on the day or, if not possible, the following day. We will work as long as possible to complete our clients’ jobs even if it means working until 10pm. House sale jobs are given high priority as there are time deadlines to meet. It may be necessary to bring in additional resources to ensure a job completes on time and these will incur additional costs. We will work hard to contain any unexpected costs to you wherever we can but additional hours needed on a job are chargeable to the customer.

Whilst we are happy for you to assist as much or as little as you wish please be aware that inexperienced porters can often slow things down or inadvertently damage things. We cannot be held at all liable for such events. Please keep children and pets out of our way. Floorcoverings should be secure and there be no trip hazards. Our staff have overshoes to protect your floorcoverings but cannot remove work shoes under any circumstances. Please advise us of any known hazards in our workplace.

We expect access to be safe and legal, parking for the van(s) to be suitable and nearby. We do rely on your input here prior to the job and will endeavour to look at Google street view prior to check out access. Parking needs to be legal and not obstructive to other road users wherever possible. We can supply cones if needed, please ask.

Please advise when booking of any especially valuable, heavy, bulky or delicate items we may need to discuss how best to deal with them. Electrical Goods, Tv's, Computers, Monitors, HiFi must be packed in original packing where possible and no liability will be taken for these items.
Packing - we do offer a packing service and again it is on a time taken basis plus packing materials needed. If you wish to pack yourself we do supply new or used, sturdy, removal boxes at a fair price. We will buy back the used boxes for half price as long as they are reusable. Other packing materials are available too and can be delivered a week or so prior. Please do not overload boxes and do tape them correctly. Labelling the room they are destined for will help too.

Furniture will usually be carried out to the van where it will be wrapped in blankets for transport. Generally, this is enough to stop any damages. We will load as best possible to avoid damages. Mattresses and other similar fabric items should be wrapped by yourself in heavy duty plastic or similar and well taped if you wish to ensure there are no dirty marks from handling at all.

Precious or delicate furniture needs to be fully wrapped in furnisoft removal paper and other reinforcement as deemed necessary. We can undertake this prior to the move at extra cost. |If you have wrapped and prepared the items yourself we cannot accept any responsibility for damages although we will still take utmost care. Glass display cabinets, leaded glass and mirrors can be especially vulnerable. Glass table tops and shelving is often toughened glass and prone to ‘exploding’ for no reason other than a change of temperature! We will of course look at any cases of damage and compensate at used market values if we have been negligent and caused the loss.. Most furniture generally becomes marked with age and use and perhaps some minor marks are inevitable in transporting goods. Please advise us if you wish to eliminate 99% of the risk by having furniture individually wrapped.

Payment, we expect payment the same day by cash or BACs. A temporary invoice can be issued at the end of the job and a full invoice by e mail within a few days will follow should you need one.

Payment terms are normally at arrival at end address with goods but before unloading. An estimate will be made of time it will take and for the return journey to base. However we may allow the job to be completed and a BACs payment made upon completion or at latest within 24hours of completion, the amount due will be advised verbally or by text or e mail. A full invoice will be issued only upon request and supplied by e mail.

Lien. We reserve the right to retain possession of your goods if in our possession if payment is not made when due. This may be placed in storage and any costs incurred will be at your expense and added to any amount you owe to us. We reserve the right to dispose of such goods after 60days and offset any amounts received to the debt owed.
Please note our hourly labour rate is based on payment within our terms and is discounted by 25% in the understanding that we will be paid within them. In the event of late payment we may re invoice at our full rate for 30 day credit account holders.

Cancellation

A £50 cancellation charge payable for less than 24hours notice for any job over two hours estimated time. notice must be by email or in writing.

Please Note: That late payment would mean the hourly rate would default to our non discounted rate of £60 for weekdays and £70 per hour weekends and after 6pm/before 8am. Payment on time (within 2 days) ensures your discounted rate £40 Weekdays, £50 Weekends. Any part payment does not constitute payment under our terms. Bank holidays by arrangement.

(B) (10) Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions of use. You must not: (a) republish material from this website (including republication on another website); (b) sell, rent or sub-license material from the website; (c) show any material from the website in public; (d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; (e) edit or otherwise modify any material on the website; or (f) redistribute material from this website, except for content specifically and expressly made available for redistribution (such as our newsletter).

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

You may access our RSS feed by following the instruction on our website. By accessing the our RSS feed you accept these terms and conditions. Subject to your acceptance of these terms and conditions, and notwithstanding the restrictions set out above, we grant to you a non-exclusive non-transferable non-sub-licensable licence to display our RSS feed in unmodified form on any non-commercial website owned and operated by you. It is a condition of this licence that you include a credit for us and hyperlink to our website on each web page where the RSS feed is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form). We may revoke this licence at any time, by giving your written notice of revocation.

(11) Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. You must not use our website to transmit or send unsolicited commercial communication. You must not use our website for any purposes related to marketing without our express written consent.

(12) Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion. If we provide you with or you generate a password to enable you to access restricted areas of our website or other content or services, you must ensure that that password is kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of your account or password. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure. You must not use any other person's user ID and password to access our website. We may disable your account on the website in our sole discretion without notice or explanation.

(13) User content

In these terms and conditions of use, “your content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. You warrant and represent that your content will comply with these terms and conditions. Your content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your content (and its publication on our website) must not: (a) be libellous or maliciously false; (b) be obscene or indecent; (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; (d) infringe any right of confidence, right of privacy, or right under data protection legislation; (e) constitute negligent advice or contain any negligent statement; (f) constitute an incitement to commit a crime; (g) be in contempt of any court, or in breach of any court order; (h) be in breach of racial or religious hatred or discrimination legislation; (i) be blasphemous; (j) be in breach of official secrets legislation; (k) be in breach of any contractual obligation owed to any person; (l) depict violence in an explicit, graphic or gratuitous manner; (m) be pornographic or sexually explicit; (n) be untrue, false, inaccurate or misleading; (o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; (p) constitute spam; (q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or (r) cause annoyance, inconvenience or needless anxiety to any person.

Your content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet. You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

If you become aware of any content on the website that breaches these terms and conditions, please notify us immediately by email or using our website contact form.

(14) Third party websites

Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

(15) If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(16) Exclusion of third party rights

Subject to the preceding paragraph, these terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

(17) Entire agreement

Subject to the first paragraph of Section 3, these terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(18) Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.