Payment by you for any of the services offered by KMP Solutions now or in the past is deemed acceptance by you that you have read and understood our terms and conditions and that you fully understand and accept them. Alternatively where you instruct KMP Solutions prior to payment, receipt of your instruction is deemed acceptance by you that you have read and understood our terms and conditions and that you fully understand and accept them. By using our services you are entering into a contract with us, authorising us to instruct our agents to carry out work on your behalf.

Your continuing instructions will amount to your acceptance of these terms and conditions.

Ordering our services

Our contract with you, and your service order, is not legally binding until 36 hours before our engineer or service provider is due to visit your premises (or 5.00pm on the Friday before a Monday visit). You may cancel your scheduled visit at any time up to this point without incurring any charges. Cancellations made after this time may incur an administrative charge. If we are unable to fulfil your service visit we shall not be liable for any costs associated with our inability to fulfil your service visit.

Terms Related to Specific Products

Gas Safety Certificates

It is the customer responsibility to make sure that we have the following when conducting a Gas Safety Certificate. Failure to do so may result in being charged the full fee but not having the service carried out.

• Unrestricted Access to the Gas Meter
• Unrestricted access to all Gas Appliances in the property
• Access to running Gas e.g. there is still gas in the property
• If a Key Meter is present make sure there is enough money on the key.
• Working Electric as the boiler is powered by electric.

Electrical Inspection and Remedial Electrical Works

To ensure that our engineer can complete the works needed with complication or further cost we ask for customer to make sure that the following is available/competed when we attend the property.

• Working Electrics In the property
• All Valuables moved from working areas
• Clear all working areas to save the engineers time

Energy Performance Certificate

It is the customer responsibility to make sure that we have the following when conducting an energy performance certificate. Failure to do so may result in being charged the full fee but not having the service carried out.

• Access to the property in Daylight hours as site notes and pictures are needed
• Unrestricted Access to the Gas Meter
• Unrestricted access to all rooms in the property
• Access to the electric meter
• Access to the main heating system
• Access to the loft where applicable
• Access to the rear of the building when possible

Plumbing services - access to stop-cock

On some occasions, for instance to facilitate a repair or install a boiler, we may need access to the main stop cock in the premises that we have been ask to attend. In these circumstances we require you to:

• Know or have found out where the stop cock to the premises is.
• Have facilitated unhindered access to the stop cock.
• Have ensured that the stop cock is in good working order.

You will be charged at the prevailing hourly rate should an abortive visit occur due to one or any of the above requirements not being met. In addition to this, if the stop cock is not in good working order and you ask our plumber to go ahead regardless, we will not be liable for any damage or consequential loss as a result of this whatsoever. You may wish to discuss your liability to costs for repair to mains water pipes or equipment serving your property with your local water company before you request our visit.

Lease plans

We and our agents strive to ensure the accuracy of our lease plans, however measurements are approximate and we will not be held liable for any incorrect measurements or calculations. Lease plans are produced with the greatest of attention and accuracy. KMP Solutions cannot take any responsibility for customers’ lease applications should they be rejected by the Land Registry for whatever reason.

Eviction Cases – Fixed fee Stage 1 Notice

We will prepare and serve* either a section 8 notice or a section 21 notice or both on your tenant. We recommend that any outstanding repairs of which you have knowledge are dealt with prior to the service of notice as soon as possible in order to reduce the tenant's chance of submitting a successful defence and/or counterclaim should the matter progress to stage 2 of the eviction process. If you are relying on section 8 rent arrears grounds you should ensure that the arrears of rent you are claiming are genuine and fully accounted for. Errors regarding rent arrears can lead to disputes which can lead to a defence being filed by your tenant. A defence will invariably lead to any subsequent court possession hearing being adjourned thus leading to delays and extra legal fees being incurred by you for which you will remain liable. We will prepare notices only on the information that you provide us with and there is an assumption that all factual information which you provide us with is correct. We will prepare whichever notice you have specifically requested us to do so and it will be prepared strictly on basis of the information which you have provided us with. KMP Solutions will not be held liable should the notice be deemed invalid by reason of reliance on incorrectly provided information by you. In the event that a case becomes defended our fixed fee service will no longer apply.

*Service is by first class post and first class recorded delivery. If you require service by personal hand delivery a process server fee will be applicable.

Eviction Cases - Fixed fee Stage 2 Court Proceedings

On your behalf and acting as your agent we will instruct our lawyers to prepare all the necessary court papers in order to commence the appropriate property possession action in the county court strictly in accordance with your instructions. Therefore if you instruct us to commence an action based on a section 8 notice we shall do so. If you instruct us to commence an action based on a section 21 notice we shall do so. If you instruct us to commence an action under a section 8 notice we shall not make any assumptions with regard to any other notice you may or may not have already served. Likewise if you instruct us in relation to a section 21 notice. We will liaise with the court and deal with all the court papers. We will make arrangements to attend the first hearing on your behalf. Provided the court agrees that the landlord has grounds for possession the landlord will in most cases be entitled to a 14 day order for possession unless the judge takes the view that the tenants circumstances are such that possession should be delayed. Possession, if established on a mandatory ground, cannot be delayed for more than 42 days unless the ground for possession is discretionary. Should the court adjourn the hearing for whatever reason and require subsequent attendances a further fee will be required from you. Depending on the location of the court, a travel disbursement maybe added to the fixed fee. Our fixed fee services are not an advisory service. Instructions received from you are taken on the strict understanding that you are satisfied that all paper work that you submit with your instruction is checked and in order. KMP Solutions will not accept responsibility or liability if a process fails on account of defective documentation submitted by you. We recommend that any outstanding repairs of which you have knowledge are dealt with prior to the service of notice as soon as possible in order to reduce the tenant's chance of submitting a successful defence and/or counterclaim should the matter progress to stage 2 of the eviction process. If you are relying on section 8 rent arrears grounds you should ensure that the arrears of rent you are claiming are genuine and fully accounted for. Errors regarding rent arrears can lead to disputes which can lead to a defence being filed by your tenant. A defence will invariably lead to any subsequent court possession hearing being adjourned thus leading to delays and extra legal fees being incurred by you for which you will remain liable. In the event that a tenant defends the action or the matter is adjourned for whatever reason please see our section 'Defended cases'.

Our lawyers are independent from KMP Solutions. By instructing KMP Solutions you hereby agree and consent to KMP Solutions acting as your agent for the purpose of instructing our lawyers on your behalf and liaising with them in respect of all matters relating to your case. You hereby agree, consent and authorise our lawyers to liaise, pass, share, and divulge with KMP Solutions all information, correspondence and evidence in relation to your case. You hereby authorise KMP Solutions to instruct our lawyers and hereby authorise our lawyers to take instructions from KMP Solutions on your behalf in relation to all aspects of your case.

Fixed fee Accelerated Procedure

On your behalf and acting as your agent we will instruct our lawyers to prepare all the necessary court papers in order to commence the appropriate property possession action in the county court strictly in accordance with your instructions. KMP Solutions will liaise with the court and ensure that all the court formalities and further court paperwork is dealt with. The accelerated procedure is only applicable to section 21 notices and cannot include a claim for any outstanding rent arrears. Generally the accelerated procedure takes between 4 and 7 weeks, however depending on which court has jurisdiction the process can in some cases take longer. The accelerated procedure generally does not require a hearing. The court will ordinarily decide the case in private and without the need for a hearing. If for whatever reason and in the rare event that the court requires the necessity for a hearing KMP Solutions will require a balancing payment to attend the hearing. In the alternative the landlord can attend the hearing in person and KMP Solutions will have no further involvement in the matter. In the event that the matter becomes defended please see our terms and conditions for defended actions below.

Defended Cases

In the event that your case is defended by the tenant or other circumstances arise which are not covered by our fixed fee services, our charges are based upon the time we spend in dealing with your case. On your behalf and acting as your agent we will instruct our lawyers to continue to defend your case. Anything that you can do to assist us in dealing with your case will minimise our potential charges. Time spent will include meetings with you (and maybe others); time spent travelling, considering, preparing and working on papers, correspondence, making and receiving telephone calls. All extra work will be charged out at an hourly rate plus VAT and in units of 1/10th of an hour. In addition to time spent we may take into account any of the following factors, which could include: the complexity of the issues and the speed at which action must be taken. KMP Solutions will advise you that your case has been defended or adjourned and will seek your instruction before proceeding with any further work. Your continued instruction will amount to acceptance of our terms and conditions and that you wish for us to continue to act on your behalf. You can however choose a solicitor of your choice and KMP Solutions will no longer act as agent on your behalf. Additional court fees may be required which will be payable by you. Advocates fees for attending hearings and traveling and waiting charges will be added. Whilst every effort is taken by KMP Solutions to ensure a successful conclusion to your case, due to the very nature of defended claims, KMP Solutions cannot offer any guarantees as to the outcome of your claim. Instructions received from you are taken on the strict understanding that you are satisfied that all the paper work that you have submitted is correct, checked and in order. KMP Solutions will not accept responsibility or liability if a process fails on account of defective documentation submitted by you. After completing the work, we are entitled to keep all of your papers and documents while there are fees owing to us for our charges and expenses. If you terminate your instructions or we stop acting for you with good reason, you will still have to pay our charges and expenses and our solicitors charges and expenses up to the date that we cease acting, including costs for removing our name or our solicitors name from the court record if court proceedings are involved and transferring our files to you or another advisor. When a matter becomes defended you run the risk that if the defendant wins that you will become liable to pay all or part of their legal costs as well as ours. If your opponent has Community Legal Service Funding you are unlikely to be able to recover any of your costs from them. In any event even if you win the case the legal costs which you have to pay are likely to exceed the amount recoverable from the other party. If the tenancy agreement upon which you are relying does not reserve your right to claim legal costs from your tenant you will not be able to claim them and you will only be entitled to fixed costs regardless of your actual expended legal costs. Litigants in person if successful, the court can order the unsuccessful party to pay their costs provided that they can show that they have suffered financial loss in preparing for and attending the hearing. If you are unhappy with a court order for whatever reason you must inform us immediately and in any event within 7 days of the order being made. KMP Solutions will not be held liable for your failure to raise such issues after this time.

Before embarking upon litigation (and this includes possession actions based on section 8 and section 21 notices), you must give careful consideration as to whether the other party might have a defence (to all or part of your claim) or a counter-claim. Your potential liability for costs is twofold. Firstly your own legal costs and secondly the other party's, if they are successful against you, whether in whole or in part. If there are aspects of the case upon which you can co-operate with the other side you should do so to prevent the court applying costs sanctions against you.

Our lawyers are independent from KMP Solutions. By instructing KMP Solutions you hereby agree and consent to KMP Solutions acting as your agent for the purpose of instructing our lawyers on your behalf and liaising with them in respect of all matters relating to your case. You hereby agree, consent and authorise our lawyers to liaise, pass, share, and divulge with KMP Solutions all information, correspondence and evidence in relation to your case. You hereby authorise KMP Solutions to instruct our lawyers and hereby authorise our lawyers to take instructions from KMP Solutions on your behalf in relation to all aspects of your defended action. All further fees incurred by you in relation to your defended action will be payable to KMP Solutions. You will not be charged separately by our lawyers.

Rent arrears claim

Before considering pursuing a claim for rent arrears, KMP Solutions will need to see the original or a true copy of the tenancy agreement. KMP Solutions and/or its solicitors reserves the right to claim all legal costs from the tenant, these will be significantly higher than our fixed fee charge for this service.

Payment of fees

We do not accept payments in cash in any form from anyone or organisation. We only accept payment by our secure online website payment system by an authorised debit/credit card, or where agreed in advance by cheque. Otherwise the bank may consider your payment as an example of money laundering which would delay us in our actions on your behalf. Payment online by you is deemed as authority for the payment for the completion of your specific service.

In the event that KMP Solutions Limited cannot recover any outstanding amount after 10 working days, we will employ the services of a debt collection agency. The client accepts that the debt collection agency will increase the outstanding amount to cover their costs - this fee is levied as soon as the debt is passed from us to them and usually amounts to 33% of the cost of the invoice - it is therefore strongly in your interests to settle your invoice as soon as possible to avoid these extra costs. Once the debt passes from us to the debt collection agency, we have no further involvement in the account and cannot reverse the process or any associated fees.

All work where stated in this website (with the exception of defended cases and our consultancy service) is carried out on a fixed fee basis and includes disbursements. If a statement of service/certificate of service is required separately from one of our fixed fee services an additional charge will be levied.

Parking & Congestion charges

Parking & Congestion charges will be charged at cost and it is at the companies discretion as to whether the charge will be applied to any particular order.

Quotations

All necessary materials will be provided by us and where applicable unless otherwise agreed.

The agreed final quote represents a written contract for the exact work to be completed.

Any agreement made verbally is not covered by the contract unless it has been written into said contract. The agreement is made between KMP Solutions Limited and the client. The client is identified as the name on the quotation.

KMP Solutions Limited will not enter into any dialogue, accept any requests or communicate in any way with anyone other than the client - except where the client has provided written permission that allows them to do so. Once agreed the client is liable for the full price of the quote. Please check your quotation carefully.

The quote written by KMP Solutions for the client represents the requests of the client. It is not a builder’s survey and we will not be held liable for any task that is not included in the written quote.

The client will be expected to provide electrical power and Working Gas.

KMP Solutions are not liable for the loss of or damage to the works, materials on site or any property of the customer, unless the same is caused by negligence (as defined in the Unfair Contract Terms Act 1977) of, or breach of contract by, the builder.

The acceptance of a deposit and the request to begin the project signifies a full acceptance and commitment to be bound by these Terms and Conditions.

Any quote or estimate is subject to revision if there are any changes to the nature or extent of the requested work. This may apply to both labour and materials. However the quote will not be amended without consultation with the client.

It is not normally necessary to remove radiators, but if their removal is requested, it can be done for an additional charge. This charge will also cover their subsequent replacement.

We may on occasion request that tools be left on site overnight. The client reserves the right to decline such requests.

Quotes are valid for 28 days from issue.

Deposits

A deposit is sometimes required to cover material expenses.

All deposits must be made by BACS transfer or internet payment unless otherwise agreed by KMP Solutions Limited.

Deposits are refundable at the discretion of KMP Solutions Limited.

The acceptance of a deposit and the request to begin the project signifies a full acceptance and commitment to be bound by the Terms and Conditions.

Completion of the project

It is the client’s responsibility to make sure they are available or a third party is available on the last day of the project for consultation, final snagging and final sign-off for the project. In the event that the client is unavailable, unless otherwise agreed in writing, the client accepts that the project has been completed to their satisfaction and payment in full is due.

Payment is due within the time-scales as stated in the Terms and Conditions and the amount, unless amended by KMP Solutions Limited, is fixed in the quotation. Therefore, the client is liable for payment, regardless of whether an invoice has been received.

The client agrees that the project is complete when the items on the quotation have been completed.

Cancelling our service and charging your card

In the event of a chargeable cancellation or missed appointment your card will be charged an appropriate fee. We reserve the right to use your card details to collect any outstanding balance payable on a job should payment in full not be made with 5 days of completion of the work and you have failed to make contact with us. Should the outstanding balance not be settled within 5 days, KMP Solutions Limited reserve the right to levy an administration charge.

Missed Appointments

If you are unable to keep a service appointment please contact us to re-book the appointment as soon as possible. Cancellations made less than 36 hours before the appointment is due (or 5.00pm on the Friday before a Monday visit) may incur an administrative charge. If you are out at the agreed appointment time or inform us that you are unable to make your appointment within 3 hours of the start of your appointment slot, we will charge you a minimum of 80% of the job cost - this is to cover the cost of lost revenue. Please note that all terms in this contract apply to any third party you instruct to be at a premises on your behalf e.g. if you have a tenant that will be giving us access to the property the same terms apply.

Retention of documents

Original signed copies of documents created by KMP Solutions on behalf of a client remain the sole property of KMP Solutions. Copies are not distributed to clients. If a client requests such documents KMP Solutions reserves the right to refuse such a request or levy a reasonable charge per copy.

Damage and Complaints

It is the responsibility of the client:

• To remove valuable and/or fragile items from the areas to be decorated
• To remove pictures and other wall-hangings
• To remove electrical goods

Assistance can be provided with the repositioning and/or removal of bulky furniture items and white goods, but will incur an additional charge. We reserve the right to decline to move white goods if the condition or position of the plumbing may incur a higher than normal risk of damage to the equipment or the property. We reserve the right to decline to move particularly heavy or bulky items if they present a higher than accepted health and safety risk.

We are usually happy to do favours for our clients over and above our quotations. However, past experience has proved that we are liable for any favours. Therefore we ask the client to sign a waiver for each job performed absolving us of any responsibility for any work undertaken that is not written into the quote. i.e. if it is not in the quote it is not covered by KMP Solutions Limited.

Where items cannot be covered or protected, but could easily have been removed, we will request that they are removed before work commences. We cannot be held liable for damage to such items if they are not removed.

We will take every possible precaution to ensure that all vulnerable areas and any objects left in the work area are carefully and thoroughly covered and/or masked. However, there will always remain a very small risk of overspill or dust getting past these precautions. In the rare event of overspill, dust or other cosmetic damage, we will endeavour to ensure that it is satisfactorily cleaned.

The client agrees to pay the invoice for work a maximum of 5 days after completion of the project. In the event that the client is unhappy with the standard of workmanship, the correct complaints procedure as show in these terms and condition must be followed.

All materials purchased for, or on behalf of the client, remain the property of KMP Solutions Limited until payment of the final invoice by the client to KMP Solutions Limited. In the event of dispute, the client agrees to allow access to the property to a representative of KMP Solutions Limited to retrieve all materials that remain the property of the company.

KMP Solutions Limited is not responsible for the performance or suitability of any materials, parts or products purchased directly by the client.

Complaints Procedure

KMP Solutions are committed to providing you with the very highest quality service. We ensure that procedures are consistently followed by all members of the organisation and we are consistently looking to improve the quality of our service. If however, you have any queries or concerns about our work for you it is important to raise them immediately in writing (we do not accept complaints made by email) and in the first instance with the member of staff involved. Do not wait until the completion of a matter to raise a problem which occurred at a much earlier stage. If that does not resolve the problem or you would prefer to speak to someone else then please make this clear. Following receipt of a written complaint, we will endeavour to respond to it in writing within 28 days of receipt. We will attempt to resolve problems that arise with our services in-house. It is therefore important that if at any time you feel that quality is not being maintained please raise it the moment you feel that an issue has arisen. If you have a complaint about any aspect of our services or the way in which they are being delivered to you, you must raise it the moment it arises. To continue to instruct KMP Solutions after you later rely on a complaint which should have been raised earlier, it will be taken as evidence that a genuine complaint has not arisen. If you raise a complaint at the end of a matter which should have been raised much earlier and you continue to instruct KMP Solutions putting them to expense in terms of both time and disbursements after the date the complaint should have been raised you will remain liable for our costs in their entirety. We value your instructions and would not wish you to think that you have reason to be unhappy with us.

Contractual obligation

All services provided by KMP Solutions on this website and requested by an individual or organisation will only form a binding agreement upon confirmation by KMP Solutions. Such confirmation will take the form of either an email, fax, or postal correspondence. That you understand that your continued instructions in any matter which we act on your behalf will amount to your full acceptance of these terms and conditions of business and that you fully understand that you may not be able to recover the full legal costs but nevertheless wish to instruct KMP Solutions to proceed in your required service and agree to compensate KMP Solutions against any liabilities incurred by them in acting for you.

General

The information conveyed on the KMP Solutions website is intended to convey general information only. The contents of the website are not aimed at any person, individual or organisation specifically and nothing contained within it constitutes an offer to contract. KMP Solutions reserve the right to cancel, withdraw or change its services at any time. If you terminate your instructions or we stop acting for you with good reason, you will still have to pay our charges and expenses up to the date that we cease acting, including costs for removing our name or our solicitors name from the court record if court proceedings are involved and transferring our files to you or another advisor.

The information contained within this site is checked for accuracy however on occasions an error may occur. KMP Solutions will not be liable for any errors to service descriptions or prices; however we will attempt to supply the service you require on a best endeavours basis.

Engineers sent by KMP Solutions to undertake work on our behalf are not permitted to accept work directly from you. Should you engage the services of any KMP Solutions Engineer to undertake such work at any time, a fee of 4 times that engineers monthly salary will become payable by you to KMP Solutions as a recruitment service fee.