AGREEMENT DETAILS:

Pet Service Provider

Dogsville Daycare Limited Company

15116168

12 Northside Road, S63 7RX

07496434388

hello@dogsvilledaycare.co.uk

Services:

Commercial Dog Day Care

Charges:

The charges for the Services set out in the Service Provider's published price list in force at the date this Agreement is signed by both parties. Further detailed in clause 7.

Agreed terms

1. Interpretations 
   1. Definitions:

1. Agreement: the Agreement between the Customer and the Service Provider for the supply of the Services in accordance with the Agreement Details, these Conditions and any Schedules.

2. Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

3. Charges: the charges payable by the Customer for the supply of the Services by the Service Provider, as set out in the Agreement Details and clause 7

4. Conditions: these terms and conditions set out in 1 (Interpretation) to clause 10 (General) (inclusive).

5. Control: has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.

6. Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organisational measures: as defined in the Data Protection Legislation.

7. Customer Materials: all data, food, litter, information and anything else supplied by the Customer to the Service Provider.

8. Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications).

9. Deliverables: all Dog Day Care as mutually agreed and provided by the Pet Service Provider.

10. Fees: the charge for the service as quoted in the Booking Form. 

11. Pets: Any reference to pets in this Agreement shall refer to those specified on the Booking Form.

12. Services: the services, including without limitation any Deliverables, to be provided by the Service Provider pursuant to the agreement. The services include Dog Day Care.

13. Services Start Date: the day on which the Pet Service Provider is to start provision of the Services, as set out in the Agreement Details.

1. Interpretation: 
   1. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
   2. A reference to writing or written includes email.
   3. Unless expressly provided otherwise in this Agreement, a reference to legislation or a legislative provision:
2. is a reference to it as it is in force as at the date of this agreement; and
3. shall include all subordinate legislation made as at the date of this agreement under that legislation or legislative provision.

1. Commencement and term

The Agreement shall commence on the date when it has been signed by both parties and shall continue, unless terminated earlier in accordance with its terms, until either party gives to the other not less than 28 days' written notice to terminate (see clause 9 for more details). 

1. Supply of services 
   1. the Service Provider agrees to undertake the services (hereafter referred to as the “Services”) as set out in the Booking Form in accordance with the policy and procedures document (“Policies and Procedures”) and subject to the terms and conditions of this Agreement.

1. In supplying the Services, the Service Provider shall:
   1. perform the Services in an attentive, reliable and caring manner, using reasonable care and skill;
   2. act in accordance with all reasonable instructions given to it by the Customer provided such instructions are compatible with the specification of Services provided in the Policies and Procedures; 
   3.  use reasonable endeavours, but commercially prudent perform the Services in accordance with the service description; and
   4. be responsible for ensuring that it complies with all statutes, regulations, bylaws, standards, code of conduct and any other rules relevant to the provision of Services.

1. Customer’s obligations 
   1. The Customer shall:
2. co-operate with the Service Provider in all matters relating to the Services;
3. provide, for the Service Provider, in a timely manner and at no charge, access to the Customer's premises or other specified location, as reasonably required by the Service Provider;
4. provide, in a timely manner, all such information as the Service Provider may require, and ensure that it is accurate and complete in all material respects; and
5. Authorise the Service Provider to carry out the Services; 
6. confirm that all vaccinations, treatments, licences, permits etc which he is obliged to have by law arising from the ownership of the pet have been obtained;
7. remain responsible for all medical expenses and damages resulting from any injury to the Service Provider, its employees and agents, or to other persons by the pet;
8. fully indemnify the Service Provider in respect of costs and damages arising from any claim from any person suffering either injury or death caused by the Customer’s pet.
9. authorise the Service Provider to arrange for any emergency veterinary care that may be necessary during the provision of its Services. The Service Provider shall use all reasonable efforts to obtain the Customer’s consent prior to obtaining emergency care;
10. agree to reimburse the Service Provider for any additional fees and expenses for providing emergency care. The Customer further agrees to cover the cost of additional visits which may be necessary to ensure the pet’s safety or to monitor the pet’s progress in recovering from sickness or injury; and
11. authorise the Service Provider to appoint an alternative Veterinary Surgeon to examine the pet and carry out such treatment or surgery as may be appropriate if the pet’s normal Veterinary Surgeon is not available. The Service Provider shall use its best efforts to use the pet’s normal Veterinary Surgeon wherever possible.
    1. If the Service Provider's performance of its obligations under the Agreement is prevented or delayed by any act or omission of the Customer, the Service Provider shall:

1. not be liable for any costs, charges or losses sustained or incurred by the Customer that arise directly or indirectly from such prevention or delay;
2. be entitled to payment of the Charges despite any such prevention or delay; and
3. be entitled to recover any additional costs, charges or losses the Service Provider sustains or incurs that arise directly or indirectly from such prevention or delay.

1. Aggressive or unsocial animals
   1. Should any pet become aggressive or dangerous, the Service Provider 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. This may, without limitation, include:
2. a refusal to offer the Services and immediate termination of this Agreement;
3. obtaining assistance from a Vet, local authority, the R.S.P.C.A or the police; and/ or
4. placing the pet in a boarding kennel.
   1. Any fees and costs incurred in taking action pursuant to clause 9 shall be directly chargeable to and recoverable from the Customer.

1. The Service Provider shall not be liable to the Customer for any refund of Fees where the Customer has not specified the behaviour and characteristics of the pet in the Booking Form and the Service Provider terminates this Agreement pursuant to clause 9.2

1. Indemnity and liability 
   1. The Service Provider shall not be liable for any loss or damage suffered by the Customer or the Customer’s pet(s) resulting from the Customer’s failure to follow any instructions given by the Service Provider.

1. The Customer shall accept full liability and responsibility for any event occurring or arising from the behaviour or characteristics of their pet.

1. The Customer will indemnify the Service Provider against any damage or injury caused by the pet towards any property, person or other animal, this will include, but is not limited to veterinary, medical and legal fees.

1. The Service Provider shall not be responsible for any damage caused to the Customer’s property or possessions or that of others caused by the Customer’s pet during the period the pet is in its care. The Customer agrees to indemnify the Service Provider against any such claims as may be made against it arising out of or in connection with this clause 6.4.

1. The Service Provider accepts no responsibility or liability for the security of the Customer’s property or premises, or any loss or damage which may be sustained as the result of action taken by third parties who also have access to the Customer’s property or premises either before, during or after expiry of this Agreement.

1. The Service Provider shall not be liable for the injury, loss, death or any legal actions whether civil or criminal, any fines or legal penalties that may be imposed on pets or their responsible guardian, who gain unsupervised access to the outdoors, or within any other enclosed spaces, if the Service Provider has used all reasonable care for the supervision of the pet whilst in their immediate care or provision of the Services. This may include incidents of pets escaping from their designated or restrained areas or unexpected bolting.

1. The Service Provider will care for your pet as the Customer would, and whilst the Service Provider will make every effort to ensure the safety of the pet and ensure that the pet is well looked after in the Customer's absence, the Service Provider cannot be held liable for any loss, illness or injury of any pet whilst in the Service Provider’s care, nor for any death of a pet unless the Service Provider can be shown to be negligent.

1. The Customer is responsible for any veterinary bills, no matter how they are incurred, whilst pets are in the care of the Service Provider.

1. Nothing in this Agreement shall limit or exclude the Service Provider’s liability for death or personal injury.

1. Charges and payment
   1. In consideration for the provision of the Services, the Customer shall pay the Service Provider the Charges in accordance with this clause 7.

1. The Service Provider will charge the Customer for the Services Fees and the Customer agrees to pay the Service Provider the Fees, promptly when they fall due.

1. Payments will fall due at different times depending on the service being provided to the Customer by the Service Provider. This will be detailed to the Customer on their Booking Form when the Fees are quoted. The general rule for:
   1. Day Care
2. To confirm a booking for a new customer, 25% of the total booking cost as a non-refundable booking fee, must be received by us at the time of booking. 
3. All fees are payable prior to the commencement of services. For the avoidance of doubt, no prepayment, no service.
   1. The Customer agrees to pay additionally to the Fees:

1. The amount to reimburse the Service Provider for any additional fees for providing emergency care, as well as any expenses incurred for, without limitation, unexpected visits, transportation, housing, food or supplies on proof of a valid receipt.

1. If the Customer fails to make any payment due to the Service Provider under the Agreement by the due date for payment, then, without limiting the Service Provider's remedies under 9 (Termination):
2. the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
3. the Service Provider may suspend all Services until payment has been made in full.

1. The Parties agree that the obligations in clause 7.5 are reasonable and proportionate to the losses that the Service Provider will incur if the Customer does not meet its charges and payment obligations in a timely manner.

1. All amounts due under the Agreement from the Customer to the Service Provider shall be paid by in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

1. Cancellations
   1. Our cancellation terms can be found in your copy of the terms and conditions. For the avoidance of doubt the general rules are: 
      1. Day Care
2. For Day Care, 72 hours prior notice to the day the services were due to begin, is required for cancellation by the customer.
3. Any booking cancelled less than 72 hours prior to the start of the booking commencement period will be payable in full. 
   1. Cancellation notice must be given, unless in extreme circumstances, before the requested services commence. 

1. Please note that Customers will still be liable for the full Fees for the service as stated under 8.1 above. 

1. Your booking fee confirms your booking, but also protects your chosen dates being taken by other Customers. This means that sudden cancellations result in a loss of income for us and therefore the booking Fees are non-refundable. 
   1. This includes a customer’s decision to cancel any specific holiday which therefore results in the reduced need for our Service does not result in any refund. Your travel/pet insurance could cover you for cancellation fees arising for our services. If you require an invoice to support a claim, we’d be happy to provide this for you.

1. Without prejudice to clause 9.1, in the event of the Service Provider cancelling or otherwise not being able to provide the Services the Service Provider shall either:
   1. arrange alternative services or providers to a value and quality that would have been provided; or
   2. refund any monies paid under this Agreement for the Services; and
   3. in either case, provide 24 hours’ notice, or if 24 hours is not practical, for example due to a sudden emergency, notice will be provided as soon as it is reasonably possible.

1. Early Termination 
   1. Without affecting any other right or remedy available to it, either party to the Agreement may terminate it by giving 28 days written notice to the other party. 

1. Without affecting any other right or remedy available to it, the Service Provider may terminate the Agreement with immediate effect by giving written notice to the Customer if the Customer fails:

1. to pay any amount due under the Agreement on the due date for payment;
2. to provide the Service Provider with all the Information required; 
3. to provide truthful Information about their pet(s); and
4. to do/ not do anything else which the Service Provider classes as serious enough to terminate the agreement.   
   1. On termination of the Agreement for whatever reason:

1. the Customer shall immediately pay to the Service Provider all of the outstanding unpaid Fees and interest and, in respect of Services supplied but for which no Fee has become due, the Service Provider may submit an invoice, which shall be payable immediately on receipt;
2. any provision of the Agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Agreement shall remain in full force and effect; and
3. Termination or expiry of the Agreement shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.

1.  General
   1. Force majeure. 
      1. Neither party shall be in breach of the Agreement nor liable for delay in performing, or failure to perform, any of its obligations under the Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. This includes, but is not limited to, acts of God, war, strikes, fires, floods, governmental restrictions or power failures. They must be relevant acts that affect the Party performing their obligations under the Agreement. 
      2. 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.

1. Data Protection: The Service Provider shall not use or pass to a third party (other than information needed by a carer to perform their duties) any sensitive or private data or information about the owners of the pet. Any and all information relating to the Customer, their property and pet(s) will be stored in accordance with the Data Protection Act 2018 wherever the need arises.

1. Insurance
   1. The Service Provider shall ensure that it has in place at all times suitable and valid insurance that shall include Public Liability Insurance relative to the services performed for the Customer.
   2. It is agreed by the Parties that it is the Customer’s responsibility to ensure that the property, its contents and pets are adequately insured throughout the duration of the Agreement.

1. Assignment and other dealings.
   1.  The Customer shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Agreement without the Service Provider's prior written consent.
   2. The Service Provider may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under the Agreement.

1. Entire agreement.
   1. The Agreement, along with the Booking Form, Terms & Conditions, Policy & Procedures, and the Veterinary Release Form, constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
   2. Each party acknowledges that in entering into the Agreement it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Agreement.

1. Variation. No variation of the Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

1. Severance. If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this 8.5 shall not affect the validity and enforceability of the rest of the Agreement.

1. Notices.
   1. Any notice given to a party under or in connection with the Agreement shall be in writing and shall be:
2. delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
3. sent by email to the address specified in the Agreement Details section.
4. Any notice shall be deemed to have been received:
5. if delivered by hand, at the time the notice is left at the proper address;
6. if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; 
7. if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this 10.8.2c), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
8. This 10.8 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

1. Third party rights.
   1. Unless it expressly states otherwise, the Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
   2. The rights of the parties to rescind or vary the Agreement are not subject to the consent of any other person.

1. Governing law. The Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.

1. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Agreement or its subject matter or formation.