o In this Agreement unless otherwise specified:
1.1 Where reference is made to “Oakleafe” this refers to Oakleafe, Unit 18D, Midas Business Centre, Wantz Road, Dagenham, Essex , RM10 8PS.
1.2a Where the context permits words importing the singular shall include the plural & vice versa; and words importing.
the masculine shall include the feminine & vice versa.
1.2b References to clauses & schedules are to clauses of, and schedules to this Agreement.
• This agreement shall be effective on commencement date for works as stated under this agreement for the period as set out and subject to
clause 2.1 of this agreement.
a) The other party commits any material breach of the terms of this Agreement
• An order is made or a petition is presented or an effective resolution is passed or order is made for the bankruptcy or winding up of the other party
• A receiver or administrator is appointed over all of the assets of the other party or an administration order is made with regard to the other party
o Termination of this agreement shall be without prejudice to any rights & obligations existing at the date of termination, or any claim by one party
against the other for any breach of this agreement committed prior to termination, which shall continue unaffected.
• LATE PAYMENTS: Overdue payments will be charged at 8% above the Bank of England base rate. This will be calculated on a daily basis, from
the date the amount was due and at the rate in force each day.
o The Service provider undertakes to provide the services as set out in Schedule 1 to this agreement (the services) in consideration of the payment
as set out in schedule 2 to this agreement.
o The services shall be carried out by the Oakleafe with all reasonable skill and care, and in full compliance of relevant established current professional standards which upon request are to be made available to the customer.
o LOSS & DAMAGE & INSURANCE :
Oakleafe maintains during the term of this Agreement an insurance policy with a reputable insurance company upon terms which are sufficient to cover his liabilities under this Agreement, including without limitation his liabilities under clause 3.4 The Service Provider shall upon request produce to the customer a copy of the said insurance policy, and a receipt for the payment of the current premium. For the avoidance of doubt the Service Provider shall be liable under all of the provisions of this Agreement, including without limitation clause 3.4, whether or not he complies with the provisions of this clause 3.3
3.4 The Service Provider will pay the customer any losses and damages incurred by them as a result of their legal liability for either personal injury to or the death of any person arising out of or in the course of or caused by carrying out the services. However this will NOT apply if the personal injury or death is caused by the customer’s negligence or the negligence of any person that the customer is responsible for. The Service Provider will pay any losses the customer has to pay as a result of the customer’s legal liability for loss and damage to any property of a third party which arises out of or in the course of or is caused by carrying out the services and is caused by the Service Provider negligence or the negligence of any person they are responsible for. The Service Provider under their obligations of this agreement will include the customer as an insured person under their insurance policies. This is known within the Insurance Industry as ‘indemnity to principal clause’ The Service Provider will be responsible for insuring against any loss of and damage to the work until practical completion or the customer ends the agreement, which ever happen first.
3.5 The Service Provider will only be responsible for any loss of and damage to any existing structures and contents, if the loss and damage is caused by their negligence or by the negligence of any person whom Oakleafe is responsible for. If part of the loss or damage is caused by a third party Oakleafe will only pay the share that is applicable to them.
3.6 The Service Provider will credit all interim payments by the Customer for the provision of services to the final bill settlement. If requested the
Service Provider will promptly issue the customer with reports and or receipts for such payments.
3.7 HEALTH & SAFETY and WELFARE:
a) Oakleafe will be responsible for all heath & safety issues relating to the Services.
b) The customer will provide electricity and water for the contractor in relation to the works. Unless supplied in writing.
3.8 Oakleafe will remove all rubbish, surplus materials, tools and scaffolding (if applicable) on the project site and leave it clean and tidy. However Oakleafe will not be responsible for removing any items the customer or any person that the Oakleafe does not control placed in or on the project site.
3.9 Oakleafe undertakes that in the event being unable personally to perform the services in accordance with his obligations under this agreement can provide a suitably qualified alternative (substitute) that is acceptable to the customer. Provision of such a substitute /s shall be under a sub contract agreement between Oakleafe and the substitute, and rights and obligations of Oakleafe under this agreement shall not be affected, nor shall the customer be under obligation to pay any fees to the substitute for the provision by him of the services.
If applicable, the customer must pay interim payments to agreed terms promptly and as previously agreed with Oakleafe and as stated.
Under this agreement.
o The customer must pay the Service Provider the final bill payment to agreed terms on satisfactory completion of the Services and Project as previously stated under this agreement & agreed with the Service Provider within 28 days net.
o DISPUTES / WITHOLDING PAYMENT:
The customer must inform Oakleafe as soon as possible & in writing of any concerns relating to the Services/Works. This must include whether:
• Payment is to be withheld
• Setting out the amount that you will withhold and the reason for withholding payment
• If there is more that one reason each reason and the amount which applies to it.
o The Customer must ensure that the project site in relation to the services that are to be provided by Oakleafe is available on the commencement date and for the time it takes to complete the project. The customer must not interfere with or obstruct the work/services or fail to make the work site available (without good reason) for the period of works (or any one or more of these)
o The customer is responsible for any loss of and damage to any existing structures and contents unless it falls within Oakleafe obligations as set out in clause 3.5. The customer must ensure that adequate insurance cover is taken for their liabilities under this condition and upon request evidence to be supplied to the Service Provider
o The customer will extend the contract period by a reasonable period to take into account any one (or more) of the following:
• Delayed instructions or lack of instructions by the customer on any one (or more) of the following;
• The work,
• Changes to the work (see clause 3.16)
• The customers choice of materials (see clause 3.18),
• If Oakleafe is legally entitled to suspend the contract,
• If the work is obstructed by a matter Oakleafe does not control, weather conditions which delay or prevent the Services being carried
out, Civil commotion, wars, riots and lock outs.
o CHANGES TO THE WORK / ADDING TO THE WORK :
If the customer wishes to make changes to the afore said works it must be communicated verbally and submitted in writing to Oakleafe within 7 days.
Oakleafe will communicate to the customer by the same method as to and if applicable:
a) If this can be accommodated
b) Change of price
c) Revised services schedule / completion date .
Oakleafe will carry out any change instructed by an appropriate local authority or public utility officer, but only after giving the customer notice. However if the customer can change those requirements, while still meeting their obligations under clause 3.17 the customer may do so, but they must tell Oakleafe in writing before Oakleafer starts to carry out that change. In these cases the price will be adjusted accordingly by: written agreement beforehand if possible, or later written agreement, or referring to any priced documents if applicable, or reference to daily rates or a reasonable amount for the work done or goods supplied.
o CONSENTS / APPROVALS / SPECIFICATIONS:
Unless Oakleafe agrees in writing the customer is responsible for all documents & consents relating to the services/works (drawings, planning permission, permits, building regulations & to be fit for their intended purpose) and pay for all relevant fees. If the customer breaks this condition they will be liable for any reasonable losses or damages that are incurred by Oakleafe as a result. Unless in writing the Service Provider will not be responsible for any plans /specifications unless prepared & supplied by them.
Any materials or goods Oakleafe supplies will be of satisfactory quality, of the description given for their type, as far as possible, of the appropriate British Standards & codes of practice, fit for their normal purposes or purposes made known. Oakleafe will NOT be liable for any materials or goods that:
a) The customer has provided
b) Defects in quality/workmanship due to the conditions of the project site that existed before works were commenced by the Service Provider
c) Defects caused by the customer or any other person or event which happens after the completion date.
OWNERSHIP OF MATERIALS OR GOODS:
The customer will not own any materials or goods delivered to the work site under the provision of the services which included materials & goods until Oakleafe has been reimbursed.
o The customer will reimburse Oakleafe for all reasonable expenses incurred in the discharge of his obligations under this Agreement, provided that all such expenses will be subject to the prior written approval of the customer. Expenses are to be accounted for and reimbursement will be made against vouchers/receipts approved by the Customer.
On completion of the services, Oakleafe shall provide to the customer all appropriate certificates, instruction booklets/receipts and
guarantees for equipment supplied and or installed as part of the works/services provided (as varied)
All communications and information supplied to or obtained by Oakleafe in the course of or as a result of the discharge of his obligations under this Agreement and any information relating to any invention, improvement, report, recommendation or advice given to the customer by the Service Provider in pursuance of his obligations shall be treated by the Service Provider as confidential and shall not be disclosed by him to any third party or published without prior written consent of the customer, such consent not to be unreasonably withheld.
o COMMUNICATION /NOTICES:
Except as otherwise provided in this Agreement, all notices, instructions or other communications shall be in writing and may be made by facsimile message, email, by letter or other form of communication as agreed between the parties from time to time, and delivered to the requisite party at its address . Any communication shall be deemed delivered:
a) If delivered by hand, at time of delivery
b) If posted by first class recorded delivery post, when delivery is recorded
c) If sent by facsimile message at time of transmission
d) Email supports by a confirmed print out of a read receipt
o The obligations imposed upon the Service Provider under clause 3.21 shall survive the expiry or termination of this Agreement.
o The Law of England & Wales applies to this contract.
Insurance Claims Handling
The Policyholder’s Requirements
1.I/We (The Policyholder) have made known to Oakleafe, directly or through an introducer, the circumstances of the Claim and have further made it known that my/our (The Policyholder’s) principal objective is to make a proper and fair claim to agree recompense for the Claim with my/our Insurers as expediently as possible. I/we (The Policyholder) intend to allow Oakleafe’s Contractor network to undertake the carrying out of the Works to reinstate my property to its pre-loss condition. In doing so I authorise Oakleafe (as agent) to receive the settlement of the claim and all costs, expenses, disbursements and professional fees associated with the Claim payable by the Insurer to be administered on behalf of I/we (The Policyholder) to the authorised Claims handler and any agreed nominated third parties.
Policyholder’s Rights and Obligations
2. I/We (The Policyholder), irrevocably appoint Oakleafe as my attorney and/or my agent to pursue, manage and conclude the Claim on my behalf.
3. In doing so I/We (the Policyholder) agree that Oakleafe can agree the Works to be done and further agree with Insurers, the cost of Works and agree for the Works to be effected and/or supervised by the Oakleafe network contractor.
4. The agreed fee (“The Fee”) payable by Me/Us (the Policyholder) to Oakleafe for agreeing to settle all or any part of the Claim, to be collected and administered by Oakleafe, is calculated at TBA% plus VAT of the total gross negotiated claim settlement amount. (Please note fees may be varied by agreement in the case of high value or repudiated claims in which case any variation to the fee will be agreed in writing.)
5. Prior to Oakleafe appointing on My/Our behalf, an Oakleafe Network Contractor in respect of the Claim, as per item 4 above, I/We (The Policyholder), have a right not to choose to have the work effected by that Oakleafe network contractor and/or appoint My/Our own contractor, or further to take a cash settlement from the Insurer. In the event I/We do not use an Oakleafe Network Contractor for the Works, or choose any of the aforementioned options. I/We agree that the Fee due and payable by Me/Us (The Policyholder) to Oakleafe shall remain at TBA% plus VAT of the negotiated total cash settlement or TBA% of the total value of the Works effected or to be effected by my own contractor plus TBA% of any Contents value negotiated on my behalf. Alternatively, if a different percentage has been agreed, then such percentage is to apply only for the agreed element.
6. I/We, (The Policyholder), are free to cancel this mandate at any time but if cancelled prior to the authorised Claims Handler having, in its opinion, every reasonable chance to achieve a cash settlement or arrange the appointment of a contractor of my choice or achieve the principal objective, I/We, the Policyholder, will pay Oakleafe for its time and expenses and all/any Approved Contractor or consultant’s fee. The payment due to will be based on the hours worked at the hourly rate of £95 an hour, and this agreement will end once the totality of Oakleafe’s Fees, Approved Contractor’s costs and/or consultant’s fees (“Cancellation Fees”) are paid in full.
7. Should any conflict of interest arise, Oakleafe will declare it to Me/us (The Policyholder) and if that conflict cannot be managed to my/our satisfaction, as Policyholder, I/We will have the right to cancel this Mandate. In such circumstances payment of Cancellation Fees will still be due to Oakleafe, and any consultant as per item 6 above.
8. The Mandate irrevocably instructs insurers to make direct payment to Oakleafe on behalf of me/us the Policyholder. Our account number is: 51413821 and our Sort Code is 40-22-06 in settlement of any and all agreed amounts due under the Claim without exception until such time as this Mandate is revoked in writing by Me/Us, (The Policyholder), and such revocation is accepted Oakleafe in writing.
9. It is agreed that if, for whatever reason, Insurers pay all or any of the agreed settlement amounts or any part thereof to Me/Us (The Policyholder) direct I/We (The Policyholder) will be wholly responsible for settling Oakleafe’s Fees, administration costs, Oakleafe Network Contractor’s costs, consultant’s fees and any disbursements including, but not limited to, any warranty fee, tax/VAT, immediately upon receipt within 5 working days.
10. The final date for payment of the Claims Handling Fee, Oakleafe administration Fee, or any Contractor or consultant’s fees, disbursements or VAT shall be 5 days after presentation of the invoice. In the event that payment is not received by that date, interest will be charged at the rate of 8% over Bank of England base rate daily whilst overdue. All payments must be made on time in full without deduction, off set or counterclaim.
11. In the event of default of payment of any due fees, costs, expenses and disbursements outlined above (the Debt) Oakleafe will refer the matter to others for recovery which will incur a surcharge of 15% of the debt plus VAT at the prevailing rate. I/We, (The Policyholder) agree that I/We (The Policyholder) will pay that surcharge.
12. I/We (The Policyholder) undertake to deal honestly with Oakleafe in all representations, communications, discussions and engagements with Oakleafe, and Insurers. Oakleafe reserves the right to withdraw its services and those of the consultant at any time should there be a reasonable suspicion that the Claim or any part thereof is fraudulent, dishonest or not properly founded. In the event of both parties withdrawing, I/We (The Policyholder) will pay the Cancellation Fees to Oakleafe for monies due (as stated in item 6) any consultants or disbursements including but not limited to any associated tax/vat.
13. I/We (The Policyholder) understand I/We (The Policyholder) are required to provide Oakleafe with such assistance as it reasonably asks for, including provision of documents, information and written authority to deal with Insurers or to obtain relevant protected data from the parties involved including but not limited to Insurers and mortgagees.
14. The Financial Conduct Authority (FCA) is the independent regulator of financial services. Use this information to decide if our services are right for you. The authorised Claims Handler, Oakleafe Property services Ltd, is an appointed representative of Evolve (UK) Limited which is authorised and regulated by the Financial Conduct Authority (their registration number is 607575) and which is permitted to advise on and arrange general insurance contracts.
We will ask some questions to enable us to accurately report your claim to your insurer. It is important that you provide all relevant information (material facts) about your claim. Failure to do so could result in your claim being declined by your insurer and you being liable for any costs incurred.
In this Agreement the authorised Claims Handler, (i) “Oakleafe Property Services Ltd” shall refer to company registration number 05774221, trading as Oakleafe whose registered office is Oakleafe House, Unit 18D Midas Business Centre, Wantz RD,Dagenham,Essex.RM10 8PS and “we”, “us” and “our” shall be construed accordingly (ii) “You” shall refer to any person contracting for the provision of goods and/or services from the Company and “Your” shall be construed accordingly. This Agreement shall not be varied without the written agreement of a duly authorised representative of the Company. We require you to give Oakleafe instructions in writing on our behalf. We will accept oral instructions at our discretion, which you must confirm in writing. We can refuse your instructions at our discretion.
15. We aim at all times to provide you with a service that will meet with your expectations. However, if you have cause to complain about any aspect of the Claim Handling Procedure please write to our claims handling mediation service at:
16 Trident Park, Trident Way
A copy of our complaints procedure is available on request. If, after we have reviewed your complaint, you remain dissatisfied you have the right to refer your complaint to the Financial Ombudsman Service. You should write to the Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR.
Telephone 0845 080 1800. You may be entitled to compensation should we be unable to meet our liabilities as a claims handler under the Financial Services Compensation Scheme. Your entitlement to compensation will depend upon the type of business and the circumstances of your claim.
Details of evolve UK Ltd (including their authorised number 607575) can be confirmed by contacting the FCA on 0845 606 1234 or by visiting the FCA's website http://www.fsa.gov.uk/register.
If we are unable to meet our liabilities in full, you may be entitled to redress from the Financial Services Compensation Scheme.
This Agreement shall be governed by English law. The language in which this Agreement shall be interpreted and in which all communication shall be conducted will be English.
Terms & Conditions of Business