Service Agreement
The Customer wishes to engage Manchester Paws to fulfil services, and Manchester Paws agrees to undertake services (hereafter referred to as the “Services”) as set out in the original request and invoice and in accordance with the policy and practices document (“Terms and Conditions”) and subject to the terms and conditions of this Agreement.
- Commencement Date and Duration
- This Agreement shall commence from the moment the invoice is paid and shall remain in effect until either party terminates the arrangement as per the Termination clause in the Terms and Conditions section of the Agreement.
- The Offering of Services
- Manchester Paws shall perform the Services in an attentive, reliable and caring manner, using all reasonable skill and care, having due regard to the Terms and Conditions and any relevant information as noted on the original consultation form, feeding schedule, or by electronic message.
- Manchester Paws shall be responsible for ensuring that it complies with all statutes, regulations, byelaws, standards, code of conduct and any other rules relevant to the provision of Services.
- Manchester Paws shall act in accordance with all reasonable instructions given by the Customer provided such instructions are compatible with the specification of Services provided in the Terms and Conditions section of the Agreement. For the avoidance of doubt, where the Customer’s wishes conflict with relevant current UK legislation, the legislation prevails.
- Customer’s Obligations
- The Customer shall read and agree to follow the pertinent information in the Terms and Conditions section of the Agreement, as is applicable for the required Services.
- The Customer shall use all reasonable endeavours to provide information to Manchester Paws necessary for Manchester Paws to provide Services.
- The Customer authorises Manchester Paws to carry out the Services.
- The Customer agrees that the information provided to Manchester Paws is true to the best of their information, knowledge and belief.
- The Customer may issue reasonable instructions to Manchester Paws in relation to Manchester Paws’ provision of Services. Any such instructions should be compatible with the specification of Services provided in the Terms and Conditions.
- Booking and Cancellations
- Booking discussions shall not be considered as ‘confirmed’ until Manchester Paws provides the Customer with confirmation that the booking has been accepted. If a deposit is required, the booking shall not be considered as ‘confirmed’ until the deposit [Service Invoice / Payment Request Message] has been paid.
- For ‘Set Day’ services (such as a pet that is fed every Wednesday under a rolling agreement), 12 (TWELVE) hours’ notice is required to cancel individual bookings or a 50% (FIFTY percent) cancellation fee is charged. If Manchester Paws can fill the space with another guest, the cancellation fee shall not be applicable.
- For ad hoc, one -off services, 48 (FORTY-EIGHT) hours’ notice is required to cancel booked services, or a 50% (FIFTY percent) cancellation fee is charged. If Manchester Paws can fill the space with another guest, the cancellation fee shall not be applicable.
- Each date that is booked for the Services is a unique and individual request. Moving or transferring booked dates is considered a cancellation and a re-book of services and is subject to the standard cancellation policy. If the cancelled dates can be filled by another guest, the cancellation fee shall not be applicable.
- Customers agree that if the Services are not used for 12 (TWELVE) months or more, a new Registration Form must be completed, and the pet may need to undertake a further trial or assessment prior to booking.
- Manchester Paws shall use all reasonable endeavours not to cancel booked services, however if cancellation is necessary at short notice due to illness, all monies paid for the Services shall be returned to the Customer.
- Manchester Paws shall give the Customer at least 1 (ONE) months’ notice for planned holidays and absence or provide cover with a trusted partner.
- Fees and Payment
- Manchester Paws will charge the Customer for the Services as quoted on the Invoice / Payment Request (the “Fees”) and the Customer agrees to pay Manchester Paws the Fees, promptly when they fall due.
- Approved payment methods are listed on the Invoice / Payment Request.
- Payment for ‘Block Bookings’ must be made in advance of the start of the Services, no later than the day before the service start date.
- The Customer agrees to pay for any additional fees for providing emergency care, as well as any expenses incurred for unexpected additional visits, food or equipment on presentation of a valid receipt.
- If the Customer fails to make payment on a due date, then Manchester Paws shall, without prejudice to any other rights or remedies of Manchester Paws, have the right to charge the Customer interest on a weekly basis at the rate of £25 per week.
- Should any payment due under this Agreement remain unpaid for 3 (THREE) days after it falls due, Manchester Paws will be relieved of their contractual obligations under this Agreement to provide the Services until such time as payment is made.
- Pricing and Rate Reviews
- Service rates are reviewed annually. Customers shall be given a minimum of 1 (ONE) months’ notice of planned price changes.
- Any Invoices / Payment Request already issued and paid shall be honoured at the price issued regardless of subsequent changes to Service rates.
- Termination
- The relationship between Manchester Paws and the Customer shall remain in place until either party give notice in writing. The relationship shall not be severed until all Services that have been paid or, or partially paid for, have been provided. Should the Customer wish to terminate the relationship without using the Services that have already been paid for, no refund shall be issued. Manchester Paws reserve the right to terminate services with immediate effect if a pet shows undeclared aggression toward people or other animals.
- Standards and Insurance
- Manchester Paws agree to provide a professional and reliable service to their customers. All animals under the care of Manchester Paws will be given the full care and attention needed to make their experience both safe and rewarding.
- Customers, however, must accept that accidents or illness may occur in such a manner that can neither be foreseen nor prevented by Manchester Paws. The Customer shall indemnify Manchester Paws, who shall be held harmless in the following circumstances, unless the company can be shown to be negligent:
- If a customer’s pet causes harm to a person or another animal, or damages property.
- If a customer’s pet is injured or involved in or causes an accident.
- If a Customer’s pet causes a third party to claim for damages by way of injury to a person or an animal, or damage to property. In such cases, the Customer will indemnify Manchester Paws against such claims and will liaise directly with the claiming third party.
- Manchester Paws is covered by third party liability insurance, but it is highly recommended that Customers have their own pet insurance to cover liability claims from a third party.
- Veterinary Waiver
- If a pet is taken sick or injured during the period of the Service, Manchester Paws shall notify the Customer as quickly as is reasonably practical using all reasonable methods of communication available to both parties, to request guidance. If Manchester Paws is not able to contact the Customer or the Customer’s Emergency Contact, Manchester Paws shall take the pet to a Veterinary Practice on behalf of the Customer and make the best possible medical decisions for the pet with the recommendation and support of a Veterinary Professional. Any veterinary bills shall be directly chargeable to the Customer.
- Manchester Paws shall use its best efforts to use the pet’s normal Veterinary Practice wherever possible. The Customer authorises Manchester Paws to appoint an alternative Veterinary Practice to examine the pet and carry out such treatment or surgery as may be appropriate if the pet’s normal Veterinary Practice is not available, or the geographic location and severity of the injury predicates that the nearest Veterinary Practice must be used.
- By signing this Agreement, the Customer gives Manchester Paws the authority to discuss a pet’s health and treatment with a Veterinary Professional in accordance with Global Data Protection Regulation (GDPR) (and subsequent revisions of the legislation). The Customer also gives Manchester Paws permission to present and share this signed Agreement with a Veterinary Practice where it is necessary under GDPR to manage a pet’s care.
- Aggressive or Unsocial Animals
- Should any pet become aggressive or dangerous, Manchester Paws shall, in their sole discretion take whatever action they consider necessary in the best interest of the animal, other animals or people which may be encountered. The potential actions that Manchester Paws shall take are listed for each Service in the Terms and Conditions section of this Agreement.
- Force Majeure
- Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing its obligations under this Agreement caused by conditions beyond its control including but not limited to acts of God, war, strikes, fires, floods, governmental restrictions or power failures.
- The Party (the “Affected Party”) prevented from carrying out its obligations shall give notice to the other Party of an Event of Force Majeure upon it being foreseen by, or becoming known to, the Affected Party.
- Assignment
- Manchester Paws shall be entitled to perform any of the obligations undertaken by it through any other member of its group or through suitably qualified and skilled sub-contractors. Any act or omission of such other member or sub-contractor shall, for the purposes of this Agreement, be deemed to be an act or omission of Manchester Paws.
- Data Protection and Privacy
- Personal information shared with Manchester Paws for the purpose of using Services will not be sold or shared with third parties, in accordance with GDPR 2018 (or subsequent revision). Information is held on paper and electronically for periods required by The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 and HMRC.
- In accordance with GDPR, the Customer gives Manchester Paws permission to share information from this signed Agreement with Veterinary Practices as is necessary to provide care and gives the Veterinary Practice permission to discuss pet care with Manchester Paws where the Customer is not able to be contacted.
- Customers are advised that Manchester Paws may take and use photographs of pets for marketing purposes; however, no specifics pertaining to the location of the pet, or the owner will be divulged publicly. Customers who do not wish for Manchester Paws to use photos of your pet for marketing purposes, must tell the company in writing via email.
- It is understood and accepted that Customers may choose to use CCTV to observe or record their pet in their absence. Manchester Paws requires that Customers inform the business when CCTV is being used. CCTV must allow for a reasonable degree of privacy within the home, not filming in a bathroom etc.
- Entire Agreement
- This Agreement, along with the Registration Form, Terms and Conditions and each Invoice / Payment Request / electronic messge constitute the sole and entire agreement between the Parties, and supersedes all prior agreements, representations and understandings of the Parties written or verbal. Any alteration of this Agreement must be in writing and signed by both Parties.
- Notices
- Any notice required to be served under this Agreement shall be in writing and shall be served by hand, post or electronic mail.
- Governing Law and Jurisdiction
- This Agreement, its formation and any contractual disputes or claims shall be governed by and in accordance with English Law and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
- Any Forbearance, tolerance or delay in either party enforcing its contractual or legal rights shall not prejudice, restrict or prevent the right of the injured party to enforce its rights at a later date or later breach.