FAQS
Terms & Conditions
24/7 Safe & Secure Response
SERVICE SUMMARY
These are standard terms and conditions for all EVO customers and only those relevant to you will apply. These terms & conditions include Schedules 1 (WHAT QUALIFIES AS AN EMERGNECY RESPONSE), 2 (GENERAL TERMS & CONDITIONS) and 3 (24/7 SAFE & SECURE EXCLUSIONS) as detailed below.
How to Request an Emergency Response?
If a resident has an issue that requires urgent assistance, they can report this through the EVO Living App using the Emergency button. Events of this category are automatically assigned to the nearest accredited tradesman 24 hours a day.
Resident(s) can also report this by phone by calling 020 8691 9293 where they will be prompted to input their PIN number. The PIN number would have been provided to them by their landlord or property manager at service inception and can also be found under the Emergency response options in the EVO Living App.
Please note for service delivery reasons we do not accept calls from WITHHELD numbers, please ensure all residents use their EVO registered phone number where possible.
EVO’s Dedicated Emergency Response Service
EVO’s 24/7 Safe & Secure Response service is a dedicated emergency response service provided to the residents of EVO’s customers.
An emergency is deemed as “a sudden state of danger requiring immediate attention”. This is further clarified as a danger to the property or occupants such as a burst pipe, internal flood, lack of facilities to the only available toilet or the inability to secure any exterior doors or windows which would compromise the security of the property.
The 24/7 Safe & Secure Response service provides attendance by a suitably qualified tradesperson if a residents home suffers from an unforeseen domestic emergency, full details of which, are included in Schedule 1.
The EVO helpdesk team provide the normal office hours emergency response service and EVO’s dedicated emergency response out of hours team, provide our emergency response service Monday to Thursday between 5PM to 8AM, and between 5PM Friday and 8AM Monday morning to cover weekend emergencies.
All our call handlers are technically trained to diagnose and offer advice where needed to ensure the correct operative attends.
EVO will handle any calls from residents directly and pass them to the operatives to attend within a 4-hour time frame.
Some specialist services will be passed to our supply chain partners i.e., drainage, pest control.
Due diligence will be carried out by the planners and calls will be prioritised dependent on situation and risk.
24/7 Safe & Secure Pricing
During normal operating hours (8AM to 5PM Monday to Friday), all emergency response jobs will be charged at your standard contracted rate for services as detailed in your service plan.
OOH attendance labour rates*:
• Monday to Saturday from 5PM – 10PM charged at your standard contracted rate +30%
• Monday to Saturday from 10PM – 8AM, Sundays and Public Holidays charged at your standard contracted rate +40% with a 10% increase in materials cost.
*parts and materials costs will be charged separately.
Any properties we are unable to gain access to, will receive an attendance card by the operative along with photos being taken of the property and location. A no access charge will occur equal to the first hour charge out rate as detailed above.
Out of Hours Service Objectives
Operatives will aim to first time fix where they can as they all carry an extensive van stock, but in the event this is not possible, the operative will make safe.
Services we can offer currently include:
• Plumbing
• Carpentry
• Locksmith
• Gas / Heating
• Electrics
• Drainage
• Door entry
• Fire alarms
• Water delivery
• Provide Temporary heating - in the event the operative cannot fix a heating issue they will provide temporary heating to vulnerable residents until the issue has been resolved. Usually no heating/hot water is not classed as an emergency where the outside temperature is above 2ºc and will be responded to the next working day.
SCHEDULE 1
WHAT QUALIFIES AS AN EMERGNECY RESPONSE
An emergency is deemed as “a sudden state of danger requiring immediate attention”. This is further clarified as a danger to the property or occupants such as a burst pipe, flood, lack of facilities to the only available toilet or the inability to secure any exterior doors or windows which would compromise the security of the property.
The 24/7 Safe & Secure Response service provides attendance by a suitably qualified tradesperson if your residents home suffers from an unforeseen domestic emergency and includes the following:
Toilets
Breakage to, blockage or mechanical failure of the toilet pan or cistern resulting in the loss of functionality, providing there is no other toilet within the property.
Leaks & Burst Pipes
Sudden damage, blockage, breakage or flooding of the drains or plumbing system likely to cause damage to the property and/or its contents in the absence of freezing weather conditions.
Doors & Windows
Damage to, or failure of the home security including locks and windows. Temporary repair to secure the property in the event of failed locks, hinges and/or structure of the entry and exits.
In cases of a break-in, this must be reported to the police as soon as reasonably possible and a Crime Reference Number (CRN) obtained.
Heating
Under normal circumstances a lack of heating or hot water is not considered an emergency, however in cases where any of the occupants are terminally ill, very elderly or infants then this may be considered.
Provides attendance for total failure or complete breakdown of the main heating system.
Note: Restrictions apply where the outside temperature is above 2ºc and will be responded to the next working day.
Electrics
Only dangerous electrics or a complete lack of power throughout your residents property would be considered an emergency. Please ensure residents check first that any power problem is isolated solely to their property, and that the whole area is not suffering from a power blackout. We also kindly request that residents check their fuse board or consumer unit to see if any breakers have tripped and check that there is sufficient credit available on any pre-paid meters.
Pests
Vermin infestation causing damage to the home and/or causing a risk to the health and safety of the occupants. This is only available during normal operating hours and is not a 24/7 response.
Appliances
Non-operational appliances outside of working hours and weekends are not considered an emergency and will not be subject to the 24/7 emergency service provision.
General
24/7 Emergency Response service objective is to ensure the use or supply will be brought back to a functional state or a temporary solution will be provided until a permanent fix is in place. If any further works are required, these will be scheduled in to provide a permanent resolution. Appointment times (based on your plan’s SLA) are confirmed with the resident for a slot most convenient to them, which may extend the attendance/completion date should the resident prefer a later appointment.
SCHEDULE 2
GENERAL TERMS & CONDITIONS
Job Reports
All attended jobs have a detailed job card generated (included with every invoice as standard) which details the Issue reported, Resolution as per works undertaken, Duration for the time spent on site and any further works reported for anything additional outside of or required in addition to the works carried out on the first attendance.
Period of Service
Service plans are only valid for the length of the agreement from the commencement date, and subject to all payments being received as and when they fall due. Issues that occur within the first 72 hours of a plans inception are not included.
Safeguarding
EVO will endeavour to report to the Customer any possible safeguarding issues identified by its operatives within a reasonable timeframe.
Parts
New parts will only be fitted if, at our sole discretion, we believe that the old parts are faulty and uneconomical to repair.
Gaining Access to the Property
If we cannot gain access to a property, we will be unable to carry out any necessary work; therefore it is your sole responsibility that your residents allow us access to all parts of the property when and where required. If we are refused access by a resident, we will inform you within 24 hours. If we are unable to gain access via residents, at your request we will gain access using keys by giving the residents 72 hours’ notice (24 hours’ notice in cases of emergency).
Guarantees
Subject to a minimum subscription plan term of 12 months, Evo guarantees parts and labour for 12 months from the date of the repair unless we have informed you that the repair was temporary, and that further works were required to resolve the issue.
Service Plans
Our service plans are only applicable to residential rental properties used exclusively for the purpose of being a single domestic dwelling or home of multiple occupancy (HMO). All plans are subject to the property meeting the decent homes standard. No other property, other than that stated within the agreement can benefit from the provided services and service plans are non-transferable.
SCHEDULE 3
24/7 Safe & Secure EXCLUSIONS
Other Exclusions
None of the EVO service plans include any of the following:
1. Upgrades which you may want to have carried out to improve your appliance/system.
2. The cost of repairing damage or breakdowns caused by changes to, or problems with, the gas, electricity, or water supplies.
3. Any costs greater than £100 to gain access to the reported problem in order to facilitate a repair.
4. The cost of getting to your appliance or system where it is inaccessible due to a design fault.
5. Replacing appliances, bathroom fixtures, showers and sanitary wear except as specifically stated within your agreement.
6. Adjustments to time-clocks or temperature controls outside of routine annual health check schedules.
7. Issues and related costs arising from not following manufactures instructions.
8. Repairs necessary as a result of not acting on previous reasonable recommendations from us to repair, service, replace or upgrade your appliance/system.
9. Continuous call-outs for intermittent faults that are not evident to the contractor during visits.
10. Replacing pipework buried within the building fabric.
11. Costs protected by any manufacturers, suppliers, installers or previous repairer’s guarantee.
12. Repairing or replacing appliance flues other than the room sealed appliance flues (up to 1m in length).
13. Improvements needed to bring your appliance/system up to current standards/legal requirements.
14. Costs of repairs due to system design fault, system deficiencies or manufacturer design faults.
15. Any work within areas that is at our sole opinion is unsafe (e.g. un-floored lofts or work required to remove asbestos).
16. Replacing or repairing parts that do not affect the functionality of the system/appliance.
17. Repairing or replacing flues that are not part of a boiler.
18. Costs of repairing faults or damage caused by problems external to the central heating system which resulted in the incorrect operation of the boiler condensate disposal.
19. Resetting controls or replacing batteries (e.g thermostats, re-pairing of radio-controlled devices and smart devices) outside of routine annual health check schedules. Note, any controls that require replacement will be done so with a standard wireless equivalent model.
20. Repair or replacing any lead, steel or iron central heating pipework.
21. Any part of the system (including flues, pipes, ducts and wiring), which are inaccessible in line with the current Health & Safety standards.
22. The gas supply from the meter to the boiler.
23. Any incoming utility services such as electricity, gas or water supply.
24. Any communication or media such as Cable/Satellite TV or internet connections.
LIVING APP
TERMS & CONDITIONS
1. INTRODUCTION
These terms and conditions "Terms and Conditions" contain information about EVO Digital Technologies Limited, a limited company incorporated in England and Wales under company number 11477247 with registered office at 4th Floor 100 Fenchurch Street London EC3M 5JD and trading as EVO Property Management (defined below as "EVO" and also referred to hereinafter as "we", "us", "our" or "ours", as the context requires) and form the agreement between you and us for the use of the EVO Living App. Please read this document carefully and review it regularly as we may update and amend these Terms and Conditions from time to time without prior notice.
2. DEFINITIONS
“Account” means your account with EVO which is created when you occupy a property managed and maintained by EVO on behalf of the owner.
“Additional Payment” means payment due to the EVO in respect of Additional Works and/or Costs and Expenses within the limits determined from the outset of the job.
“Additional Services” means other services separate from, and other than those required to complete, the Job.
“Additional Work” means work what we or the Service Professional deem necessary in order to perform the Job but which goes beyond the scope of the original Job booked on the EVO Digital Dashboard.
“EVO Digital Dashboard” / “EVO Living App” means any website or mobile application or other interface which is: owned by EVO (including but not limited to www.evo-pm.com); operated on a white label basis by EVO; or powered or maintained by EVO, (each as modified and/or updated by us from time to time) for the purpose of enabling us to book Jobs and connect with Service Providers.
“Dispute” means a disagreement between the you and us that an issue that has not been satisfactorily described or completed.
“Future Job” means any Job arranged by us that is scheduled for a future date.
“Job” means any problem or issue requested by you, or us as part of our service plan.
“Emergency Job” means a Job to be completed as soon as reasonably possible and within 6 hours of acceptance by the us as reported through the EVO Digital Dashboard.
“Parties” means collectively the EVO, Property Managers (to include Owners, Landlords and Agents) and you the Resident.
”Premises” means the premises where you live and where a Job is being carried out.
“Service Provider” means a fully vetted and qualified trades person who is registered with EVO for the purpose of being notified of, accepting and completing Jobs that are booked by us or the Resident(s).
“Resident” / ”you” means a resident / property occupier who is registered with EVO for the purpose of being notified of, providing and making available access for jobs that are booked by us or the Property Manager.
Defined terms will have the same meaning if they appear in the singular, plural, masculine or feminine or as the context requires.
Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions.
3. HOW THE SERVICE WORKS
3.1. EVO provides a property management and maintenance service delivered via mobile applications and website technology that connects Residents (occupiers), Property Managers (to include Property Owners, Landlords and Agents) and Service Providers (trades person) who require home repair services to be performed within residential rental properties, with us and our Service Providers who are willing to perform those Jobs.
3.2. We connect with Residents by allowing repair and maintenance requests on the EVO Digital Dashboard and these Jobs are then assigned to us and our Service Providers who operate in the geographical area at the set operational times and whose service offering matches our requirements via the EVO Living App.
3.3. You acknowledge that when you request a Job you will be doing so in good faith and that the situation requiring attention is one which is the responsibility of the Owner and not that of the Resident. It is a condition of use of EVO Living App that you acknowledge your responsibilities of your conduct and the reporting of issues.
4. USE OF THE EVO SERVICES APP
4.1. A core purpose of the EVO Living App is to enable Residents to find tenancy documents, appliance user-guides and operation manuals, answers to frequently asked questions, report issues, and request Emergency Responses. The EVO Living App is not for use by anyone who does not occupy a property that is not managed and maintained under an EVO Service Plan.
4.2. We make no warranty that any part of the EVO Living App will operate uninterrupted or error free and we accept no liability for loss or damage caused by any interruption or error in any part of the EVO Living App.
4.3. As a Resident using the EVO Living App you:
4.3.1. must be on the tenancy agreement for the property you occupy, and be over 18 years old or older; and you agree:
4.3.2. to provide as much information as possible when reporting problems; will endeavour to find answers to any questions through the FAQ’s before requesting service; not to authorise others to use your Account and to be responsible for keeping your login details confidential (including your password).
4.4. We reserve the right to:
4.4.1. refuse to provide access to the EVO Living App to any individual or other entity at any time without explanation, consequence, or liability; and
4.4.2. remove a service from the EVO Living App with no obligation to give advance notice, and EVO shall not be liable for losses, costs or expenses arising from any such refusal or removal.
4.5. You:
4.5.1. are solely responsible for taking appropriate safety precautions in connection with your use of the EVO Living App;
4.5.2. assume all risks when using the EVO Living App, including, but not limited to, any risks associated with interacting with other people;
4.5.3. acknowledge that EVO is not able to guarantee the accuracy of information provided to you by other people and that you should confirm such information to your own satisfaction before you engage with them.
4.6. You agree not to use the EVO Living App in any unlawful manner and in particular you shall not, and you shall not:
4.6.1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others;
4.6.2. publish, post, upload, distribute or disseminate (“Post”) any inappropriate, defamatory, abusive, infringing, obscene, discriminatory or otherwise unlawful material;
4.6.3. post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any person;
4.6.4. cause the EVO Living App or any part of it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the EVO Living App is in any way impaired; or
4.6.5. restrict or inhibit any other user from using and enjoying the use of the EVO Living App.
4.7. Whilst we take steps to prevent misuse of our systems, we cannot warrant that the EVO Living App will be free of viruses or other malicious code or content and accept no liability for loss or damage caused from the transmission of such content or code.
5. ACCOUNT SETTINGS AND APP REGISTRATION
5.1. Once you are a confirmed Resident in one of our managed and maintained properties, you will be provided with login details for the EVO Living App in order to be able to report a problem, request emergency response, view documents, appliance user-guides and operation manuals, plus be able to update your contact information.
5.2. You warrant that the information you provide to EVO when using the EVO Living App is true and entirely accurate and EVO reserves the right to suspend the account of any Resident who does not:
5.2.1. provide such information; or
5.2.2. provides incomplete or out of date information.
5.3. You are responsible, and assume liability, for all information that you upload. Details of how EVO may use any information and content are provided within our Privacy Policy.
5.4. EVO reserves the right, but is not under any obligation, to monitor information that is submitted to the EVO Living App and to remove such information or material that in our sole opinion violates any applicable law, either the letter or spirit of these Terms and Conditions, or upon the request of a third party.
6. REPORTING ISSUES
6.1. The EVO Living App enables you to report problems (repairs and maintenance issues) and Emergency Jobs (issues that require urgent attention, that are likely to risk damage to property or life). Dependent on the Service Plan associated to your property, either of these features may be disabled.
6.2. Reporting problems via the EVO Living App and providing as much information as possible ensures that issues are attended to and resolved quickly.
6.3. All Jobs reported via the EVO Living App are automatically logged in our systems, matched to your property. Some Jobs require approval before we are able to proceed, and you will see this as a notification showing “Awaiting Approval”.
6.4. Once Jobs are Approved, you will be notified and asked to provide a suitable appointment time for our Service Professionals to attend. We may require you to provide between 3 and 5 possible appointment slots where you will be available for us. We request that you respond quickly once the Job has been approved, and within 48 hours.
6.5. If you are unable to be available, you may request that we allow our Service Professional to unattended using keys (please follow the instructions in-app)
6.6. If you are unable to report via the app (due to a technical issue), you may report issues via our Chat feature which can be found on our website at www.evo-pm.com.
7. CANCELLING JOBS
7.1. We expect you to honour and be available when you have said you will be when you or we book Jobs. You have the opportunity to change the appointment day and time slot up until the service provider has been assigned, and can cancel a job in cases of extreme emergency when you are unable to provide access and do not wish to allow unattended access.
7.2. If our service providers arrive at the Premises and are unable to contact you or gain access to the Premises you will message and attempt to contact you for no longer than 20 minutes, after which the job will be postponed and you may be charged cancellation fees as applicable.
7.3. You will only reschedule or cancel the Job on a minimum of 24 hours’ prior notice. If you, cancel or reschedule with less than 24 hours prior notice, we may charge you a cancellation fee to pay the service provider compensation to cover their costs.
7.4. We may reschedule or cancel the Job with 8 hours’ prior notice. If we, cancel or reschedule with less than 8 hours prior notice, we may offer to pay compensation for any inconvenience caused.
7.5. If you cancel or reschedule with less than 24 hours’ notice on multiple occasions, you may be in breach of your tenancy agreement. In extreme cases we will no longer allow you request times and we will carry out works using keys by giving 48 hours’ notice prior to attendance as per our rights as detailed within your tenancy agreement.
8. FEEDBACK
Residents and Service Providers are encouraged to offer feedback for each other each time a Job is completed. You agree to provide a prompt review that is true and fully reflects your experience with the service provider(s) with whom you have engaged. EVO reserves the right to terminate the use of the EVO Living App by the Resident who:
8.1. repeatedly receives poor reviews; or
8.2. posts inaccurate or unjust or defamatory reviews; or
8.3. Is rude or aggressive towards our staff and service providers; or
8.4. repeatedly fails to successfully resolve disputes with us.
9. DISPUTES AND DISPUTE RESOLUTION
9.1. You may initiate a Dispute with us if you are not satisfied that we or the service provider has carried out the works to a standard that is expected. We will take action to ensure works are completed in accordance with the standards set by EVO at our sole discretion.
9.2. In the event of a Dispute the Parties hereby agree to act at all times reasonably and in good faith, to negotiate a settlement and hereby recognise that the responsibility for reaching a mutually agreed settlement lies between them.
9.3. If should notify us of any issues with any works carried out as soon as reasonably possible and at the latest within 5 days of the Job being completed.
9.4. In the event that we contact you in respect of a Dispute and receive no response within 48 hours we reserve the right to consider the matter closed. We may at our sole discretion escalate the issue further if necessary and dependent on the nature of the Dispute.
9.5. The Parties shall at all times comply with all reasonable requests from EVO for the supply of information to support EVO in proposing a resolution to the Dispute.
10. LOSS OR DAMAGE ARISING FROM A JOB
You agree that you will not, nor any of your guests, intentionally damage the Premises
10.1. If:
10.1.1. we or the owner(s) suffer loss or damage to their Premises or its contents or to any service connected to it and attributes the loss or damage to you in the first instance you should try to resolve who would be responsible for such loss or damage between themselves; or
10.1.2. you, or any of your guests cause any damage to the Premises you will, in good faith, cover the cost of the damage and in the first instance as any damages recorded on periodic inspections or check out will be deducted from your deposit.
10.1.3. in no event shall EVO be liable to either party for any direct, indirect, consequential, special, or punitive loss arising out of the engagement by the Resident directly with any Service Provider to carry out any Job not requested through us and to the extent that we will not be liable under these Terms and Conditions or at law, for the Job to which the loss or damage relates. Any loss or damage caused to EVO and/or the owner(s) will be chargeable to the Resident.
10.2. Notwithstanding any other provision, nothing in these Terms and Conditions shall exclude or limit either your or our liability for death or personal injury caused by your or our (as the case may be) negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
10.3. If you are dissatisfied with the EVO Living App, or the terms of these Terms and Conditions, your sole remedy under these Terms and Conditions shall be to discontinue use of the EVO Living App.
10.4. Other than as set out above and notwithstanding any other provision of these Terms and Conditions, we shall not be liable to you or to any third party acting on your behalf, whether in contract, tort, negligence, statutory duty, misrepresentation or otherwise, for any special, indirect or consequential loss, cost, expense, fine or damage whatsoever arising from or in any way connected with these Terms and Conditions including but not limited to loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage). Without limiting the foregoing, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
10.5. Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into these Terms and Conditions by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.
10.6. Each of the provisions of this clause shall be construed separately and independently of the others.
11. PRIVATE ENGAGEMENT
11.1. You agree not to request or accept jobs that are offered to you by any service provider for any works within the rental property as managed and maintained by EVO or any other property of our Clients, Contractors, or Employees that you have previously occupied through EVO.
11.2. In the event you do request or accept work to be undertaken from a Client, Contractor, or Employee (other than for any Additional Work where we have provided prior written consent) outside of the EVO Living App, EVO:
11.2.1. reserves the right to terminate your access to the EVO Living App; and
11.2.2. will not be able to mediate on any disputes in respect thereof, and you will not benefit from the protection offered via these Terms and Conditions in respect thereof.
12. MISCONDUCT
If you engage with any other Employee, Client, Contractor, Employee or Service Provider who you feel has acted in an inappropriate way towards you, including but not limited to offensive, violent or sexually inappropriate behaviour you should immediately make a report to the appropriate authorities and then to EVO at reportit@evo.pm quoting the name and location stated in the details of the Job. Your report may cause us to investigate such behaviour, but we are not obligated to take action beyond that which is required by law, and we will not incur any additional liability or expense.
13. DATA PROTECTION
EVO is registered under the Data Protection Act 1988 (with registration number ZB172988) and we respect the confidentiality of the information you give us. For the purposes of enabling Jobs which you have accepted to be carried out or for services which we are required to carry out as part of our service or otherwise without your express consent, we will not share any information about our EVO Living App to third parties outside the processing that is contemplated by these Terms and Conditions unless we are compelled to do so by law.
14. YOUR CONFIDENTIAL INFORMATION
To the extent that we provide you with any information relating to service providers, you agree that you shall, and you will procure that you will:
14.1. treat such information as purely confidential and not share such information with any other person; and
14.2. only use such information for the purpose of contacting such service provider in relation to the particular job for which you were provided with the information, and for no other purpose whatsoever.
14.3. you acknowledge that EVO may share your details to third party credit agencies such as Experian with regard to your rental payments history. We will collect information about the problems you report, the condition of the property whilst you are occupying it and the condition of the property upon you vacating to and may share this information with any approved reporting agency in the future. We keep this information in accordance with our privacy policy and as the law allows.
15. GENERAL CONDITIONS
15.1. We reserve the right at all times to terminate or suspend or restrict your access to the EVO Living App without notice for any reason whatsoever.
15.2. We may vary the terms of this Agreement from time to time and shall post such alterations on any updated terms provide through the EVO Living App, directly through email and on our Website. Your continued use of the EVO Living App after the date such changes have been posted will constitute acceptance of the amended Agreement.
15.3. If any term or condition of these Terms and Conditions is held to be illegal or unenforceable such provisions shall be severed and the remainder of these Terms and Conditions shall remain in full force and effect unless the business purpose of these Terms and Conditions is substantially frustrated, in which case it shall terminate without giving rise to further liability.
15.4. You may not assign, transfer or sub-contract any of your rights hereunder without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
15.5. No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default.
15.6. These Terms and Conditions:
15.6.1. constitute the entire agreement as to its subject matter between us and you; and
15.6.2. supersede and extinguishes all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.
15.6.3. you acknowledge that you have placed no reliance on any representation made but not set out expressly in these Terms and Conditions.
15.6.4. any notice to be given under these Terms and Conditions may be given via email, regular mail, or by hand to the address provided through registration or via the EVO Living App.
15.6.5. nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.
15.6.6. notwithstanding any other provision in these Terms and Conditions a person who is not a party hereto has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce the terms of these Terms and Conditions.
15.6.7. these Terms and Conditions shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.
16. VARIATIONS
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our sites.
17. YOUR CONCERNS
If you have any concerns about material which appears on our websites, please contact it@evo-pm.com
SERVICES APP
TERMS & CONDITIONS
1. INTRODUCTION
These terms and conditions "Terms and Conditions" contain information about EVO Digital Technologies Limited, a limited company incorporated in England and Wales under company number 11477247 with registered office at 4th Floor 100 Fenchurch Street London EC3M 5JD and trading as EVO Property Management (defined below as "EVO" and also referred to hereinafter as "we", "us", "our" or "ours", as the context requires) and form the agreement between you and us for the use of the EVO Services App. Please read this document carefully and review it regularly as we may update and amend these Terms and Conditions from time to time without prior notice.
2. DEFINITIONS
“Account” means your account with EVO which is created by registering and providing certain mandatory details during the registration process.
“Additional Payment” means payment due to the Service Provider in respect of Additional Works and/or Costs and Expenses within the limits determined from the outset of the job.
“Additional Services” means other services separate from, and other than those required to complete, the Job.
“Additional Work” means work you deem necessary in order to perform the Job but which goes beyond the scope of the original Job booked on the EVO Digital Dashboard.
“Costs and Expenses” means costs and expenses incurred by you in acquiring materials, parts and/or supplies (but for the avoidance of doubt not tools, fuel, parking or travel expenditure) that are, in your opinion, necessary for the completion of the Job but which are not included in the fee stated in the EVO Services App when booking the Job.
“EVO Customer” means a landlord, property agent and / or property manager who is registered with EVO for the purpose of delivering residential housing repairs, maintenance and compliance services to their residential properties.
“EVO Digital Dashboard” / “EVO Services App” means any website or mobile application or other interface which is: owned by EVO (including but not limited to www.evo-pm.com); operated on a white label basis by EVO; or powered or maintained by EVO, (each as modified and/or updated by us from time to time) for the purpose of enabling us to book Jobs and connect with Service Providers.
“Dispute” means a disagreement between the Service Provider and us that a Job has not been satisfactorily described or completed.
“Insurance Policy” a suitable policy(ies) of insurance covering any or all liabilities which may be incurred by you, your employees or subcontractors arising out of or in connection with a Job (including but not limited to your acts or omission or the act or omissions of your employees or subcontractors). Such insurance to be maintained at such level as is stated when going through the registration process to be a Service Provider.
“Future Job” means any Job booked that is scheduled for a future date.
“Job” means the work requested by us.
“Emergency Job” means a Job to be completed as soon as reasonably possible and within 2 hours of acceptance or booked by the us or the property occupier(s) on the EVO Digital Dashboard.
“Parties” means collectively the EVO, the property occupier(s) and the Service Provider.
”Premises” means the premises where the Job is being carried out.
“Resident” means a resident / property occupier who is registered with EVO for the purpose of being notified of, providing and making available access for jobs that are booked by us or the Property Manager.
“Service Provider” / ”you” means a party who is registered with EVO for the purpose of being notified of, accepting and completing Jobs that are booked by us or the property occupier(s) and includes you, your employee and subcontractors.
“Tax” means any and all statutory deductions due as a result of the financial transaction between a Service Provider and EVO (including, for the avoidance of doubt, corporation tax and/or income tax depending on if you are a sole trader, self-employed Service Provider or a corporate Service Provider).
Defined terms will have the same meaning if they appear in the singular, plural, masculine or feminine or as the context requires.
Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions.
3. HOW THE SERVICE WORKS
3.1. EVO provides mobile applications and website technology that connects us and property occupier(s) who require home repair services to be performed within residential rental properties, with Service Providers who are willing to perform those Jobs.
3.2. We connect with Service Providers by booking Jobs on the EVO Digital Dashboard and these Jobs are then assigned to Service Providers who operate in the geographical area at the set operational times and whose service offering matches our requirements via the EVO Services App.
3.3. Once you have completed a Job, EVO validates the outcome, confirms costs and expenses then pays the amount owed to you. EVO does not allow cash transactions.
3.4. You are not an employee of EVO and you offer your services to EVO as a self-employed freelance operative. The EVO platform acts purely as a facilitator of the service transaction between the Service Provider and EVO by operating the EVO Services App.
3.5. You acknowledge that when you accept a Job you will be entering into a direct contract with us to perform the services requested. The terms of the contract entered into are set out below. It is a condition of use of EVO Service App that you acknowledge your responsibilities of your conduct and the outcome of the Jobs.
3.6. EVO does not charge contractor commissions and the price agreed for the Job is the price paid to you.
4. USE OF THE EVO SERVICES APP
4.1. A core purpose of the EVO Services App is to enable suitably qualified Service Providers to carry out Jobs which have been booked by us or property occupier(s) on the EVO Digital Dashboard. The EVO Services App is not for use by anyone who does not intend to carry out a Job. You therefore agree that you will not, and you will procure that your employees and subcontractors do not, in any circumstance use the EVO Services App for any purpose other than to accept and carry out Jobs in good faith.
4.2. We make no warranty that any part of EVO Services App will operate uninterrupted or error free and we accept no liability for loss or damage caused by any interruption or error in any part of the EVO Services App.
4.3. As a Service Provider using the EVO Services App you and your employees and subcontractors:
4.3.1. must be 18 years old or older; and you agree:
4.3.2. to provide all vetting information as required by these terms and conditions; to register and create an Account for yourself and each of your employees and subcontractors who will be carrying out jobs and warrant that you have the consent of each employee and subcontractor to provide their personal information; not to authorise others to use your Account and you may not assign or transfer your Account to any other person or entity; and to be responsible for keeping any registration details confidential (including your password).
4.4. We reserve the right to:
4.4.1. refuse to provide access to the EVO Services App to any individual, business or other entity at any time without explanation, consequence or liability; and
4.4.2. remove any services from the EVO Services App with no obligation to give advance notice, and EVO shall not be liable for losses, costs or expenses arising from any such refusal or removal.
4.5. You:
4.5.1. are solely responsible for taking appropriate safety precautions in connection with your use of the EVO Services App in respect of yourself, your employees and subcontractors;
4.5.2. assume all risks when using the EVO Services App, including, but not limited to, any risks associated with interacting with other people;
4.5.3. acknowledge that EVO is not able to guarantee the accuracy of information provided to you by other people and that you should confirm such information to your own satisfaction before you or your employees or subcontractors (if any) engage with them.
4.6. You agree not to use the EVO Services App in any unlawful manner and in particular you shall not, and you shall procure that your employees and/or subcontractors shall not:
4.6.1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others;
4.6.2. publish, post, upload, distribute or disseminate (“Post”) any inappropriate, defamatory, abusive, infringing, obscene, discriminatory or otherwise unlawful material;
4.6.3. post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any person;
4.6.4. cause the EVO Services App or any part of it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the EVO Services App is in any way impaired; or
4.6.5. restrict or inhibit any other user from using and enjoying the use of the EVO Services App
4.7. Whilst we take steps to prevent misuse of our systems, we cannot warrant that the EVO Services App will be free of viruses or other malicious code or content and accept no liability for loss or damage caused from the transmission of such content or code.
5. SETTING UP AN ACCOUNT AND REGISTERING FOR THE WEBSITE AND/OR APP
5.1. In order to be assigned and accept a Job that has been booked by us or the property occupier(s) you must be registered as a Service Provider. EVO takes reasonable steps in screening Service Providers to ensure that they are competent and qualified to undertake the Jobs they are notified of from time to time. As such, to complete the registration process you will be required to provide information including but not limited to:
5.1.1. name / company name
5.1.2. full residential / operating address
5.1.3. email address
5.1.4. mobile phone number
5.1.5. government issued photographic ID
5.1.6. skillset (plumber/ electrician etc)
5.1.7. up to date trade qualifications and accreditations
5.1.8. registrations and certifications; and
5.1.9. valid insurance policies (as applicable).
5.2. For you and each employee(s) or subcontractor(s) who will accept and/or carry out Jobs together with account details for a UK bank or building society in which we will pay you for the Jobs which have been completed
5.2.1. provide such information; or
5.2.2. provides incomplete or out of date information.
5.3. You acknowledge and agree that you may not assign or subcontract any Job to an employee or third party subcontractor unless you have, in advance of accepting the Job, provided their details to EVO via the EVO Services App or via email at: helpdesk@evo-pm.com in accordance with clause 5.1 above and you warrant that you have their consent to provide such information.
5.4. You are responsible, and assume liability, for all information that you upload. Details of how EVO may use any information and content are provided in our Privacy Policy.
5.5. EVO reserves the right, but is not under any obligation, to monitor information that is submitted to the EVO Services App and to remove such information or material that in our sole opinion violates any applicable law, either the letter or spirit of these Terms and Conditions, or upon the request of a third party.
6. RESPONDING TO JOBS
6.1. We may notify you of Jobs from time to time, but we are not under any obligation to do so. Further, because we retain the right to change or withdraw Jobs, we are unable to give any warranty as to the availability or suitability of a particular Job.
6.2. We cannot guarantee that you will receive any specific volume of notifications to carry out Jobs or that you will be able to accept any Jobs you get notified of as more than one Service Provider may be notified of the same Job at the same time.
6.3. Where Emergency Jobs have been booked by us or the property occupier(s) in your designated geographical area and you have made yourself known to be available for work (by tapping the relevant button in the EVO Services App), you may be exclusively assigned to that Job. You must accept or reject the Job within 5 minutes, or the Job may be assigned to another Service Provider. If you have chosen to be available for out-of-hours Emergency jobs but frequently reject Emergency Jobs or fail to accept Emergency Jobs we reserve the right to suspend your Account.
6.4. You and your subcontractors and employees who are registered with EVO must operate a smartphone with sufficient data connection to enable you to continuously receive notifications and for location services to be activated.
6.5. At the point the Job is accepted your details (or those of your relevant employee or subcontractor) will be provided to us, the property occupier(s) and any third party placing a booking on their behalf.
7. COMPLETING JOBS
7.1. We expect you to assess the work to be carried out prior to and recommend making contact with the occupier(s) before travelling to the premises and update us if the scope of the Job and work to be undertaken is not that as initially described.
7.2. You warrant that in accepting a Job you will, and you will procure that your employees and subcontractors will:
7.2.1. inform us promptly of any delays;
7.2.2. complete the Job (and any Additional Work) as specified, to the standards and timescales agreed with us and using due skill, care and diligence in accordance with the good industry practice, which as a minimum shall mean the standard of skill, care, knowledge, timeliness and foresight which would reasonably and ordinarily be expected from an experienced person engaged in providing services which are the same as or similar to those required to complete the Job or Additional Work;
7.2.2.1. supply and use your own tools and equipment
7.2.2.2. update the EVO Services App on acceptance, start and completion of each of the Job;
7.2.2.3. with the exception of Emergency Jobs, where you agree to provide us provide us with a minimum 30-day warranty in respect of all Emergency Jobs, you agree to provide us with a minimum 365-day warranty in respect of all work undertaken in completing the initial Job and for any Additional Work as specified; and
7.2.2.4. comply with all laws and regulations.
7.2.3. you agree not to assign or subcontract any work in accordance with these Terms and Conditions without our strict prior agreement (not to be unreasonably withheld) and if agreed only to suitably competent, skilled and qualified people that are registered on the EVO Services App.
7.2.4. we and the property occupier(s) have the right to request evidence of ID and applicable trade accreditations and registrations and you hereby agree to provide, and to procure that your employees and subcontractors provide us along with the property occupier(s) with such information as and when requested to do so.
7.3. In the event:
7.3.1. that we or the property occupier(s) do not give full and complete information when you are assessing the work prior to travelling or it is reasonably difficult to assess the work remotely, you, your employees or subcontractors may, on arrival at the Premises, deem that Additional Work is required in order for the Job to be completed. In this situation you or your employee or subcontractor (as applicable) shall agree to provide an estimate of the scope of, and cost for, such Additional Work which must be accepted only by us and NOT the property occupier(s) before any work to perform the Job is commenced; or
7.3.2. you incur Costs or Expenses, these must be agreed with us and NOT the property occupier(s) in advance and that we shall be liable to pay for accepted Costs and Expenses on production of valid receipts or a submission added upon the job completion page on the EVO Services App.
7.3.3. If we or the property occupier(s) request Additional Services to be provided, these MUST be provided only via a new Job booking on the EVO Services App.
7.4. EVO reserves the right:
7.4.1. to send a representative to accompany the Service Provider (or its employees or subcontractors) when carrying out a Job in order to verify their competence, skills and conduct; and
7.4.2. to terminate the Service Providers Account in the event that they, or their employees or subcontractors, do not permit, or attempt to frustrate, the representatives’ attendance.
8. CANCELLING JOBS
8.1. If you, your employee or subcontractor arrive at the Premises and are unable to contact the property occupier(s) or gain access to the Premises you will message and attempt to contact them for 20 minutes, after which you will be entitled to cancel the Job and the property occupier(s) will be charged cancellation fees as applicable.
8.2. You, your employees, and subcontractors will only reschedule or cancel the Job on a minimum of 24 hours’ prior notice to us. If you, your employees, or subcontractors cancel or reschedule with less than 24 hours prior notice, EVO may deduct from your payment any discounts offered to the property occupier(s) as compensation for their inconvenience.
8.3. If you, your employees, or subcontractors cancel or reschedule with less than 24 hours’ notice on multiple occasions, we may terminate your EVO account and stop using you as a Service Provider.
9. HIGH CONTRACTOR STANDARDS
9.1. You agree that you will not contact a Resident to whom you have been introduced by us except through the EVO Services App (other than as necessary to complete a Job that has been awarded to you via the EVO Services App). You confirm that if You breach this clause then We shall be entitled to estimate the fee that we would have charged in respect of a job with the Resident and either to recover that amount from you or to subtract it from sums that We owe to You.
9.2. You agree to provide quality services to each Resident and to deal promptly with any enquiries, matters or issues relating to Jobs, including Resident complaints.
9.3. You are directly responsible to the Resident for any failure on your part to meet the Resident’s expectations, including any legal liability which arises in respect of the provision of the Services.
9.4. We shall refer any Resident complaint that we receive to You. You agree to acknowledge each complaint with the Resident within 48 hours of receipt, whether the complaint has come directly from the Resident or via EVO.
9.5. You agree to do your best to reach a resolution to any complaints from the Resident within 14 days and to keep EVO informed via the EVO Services App of the progress and status of any complaints.
10. FEEDBACK
The property occupier(s) and Service Providers are encouraged to offer reviews for each other each time a Job is completed. You agree to provide a prompt review that is true and fully reflects your experience with the property occupier(s) with whom you have engaged. EVO reserves the right to terminate the Accounts of any Service Provider who:
10.1. repeatedly receives poor reviews; or
10.1.1. posts inaccurate or unjust or defamatory reviews; or
10.1.2. has an overall satisfaction rating below that required by EVO from time to time; or
10.1.3. repeatedly fails to successfully resolve disputes with us.
10.2. The reviews of property occupier(s) and Service Providers may be published on our Platform, Website and EVO Services App.
11. DISPUTES AND DISPUTE RESOLUTION
11.1. If we or the property occupier(s) are not satisfied that you have completed the Job to the performance and/or quality we should reasonably expect, we may initiate a Dispute with you.
11.2. You may initiate a Dispute with us if you are not satisfied that we or the property occupier(s) correctly described the Job or the Premises or any service connection to it. However, if you discover that the work to be performed does not meet the description of the Job you should not carry out such works unless:
11.2.1. you are qualified to do so; and
11.2.2. any Additional Works have been agreed in advance with EVO,
11.3. In the event of a Dispute the Parties hereby agree to act at all times reasonably and in good faith, to negotiate a settlement and hereby recognise that the responsibility for reaching a mutually agreed settlement lies between them. You acknowledge that EVO is entitled to contact your insurers in order to find a resolution. You agree to keep any information about us provided to you under the terms of this Agreement confidential and only use it for its proper purpose.
11.4. If we have been notified of the Dispute from the property occupier(s) within 2 days of the Job being completed, and only if we cannot reach a resolution between the property occupier(s) and Service Provider (having used all reasonable attempts to do so), the Dispute may be escalated by us and we will offer a recommendation for settlement.
11.5. In the event that we contact you in respect of a Dispute and receive no response within 48 hours we reserve the right to find in favour of the property occupier(s) and withhold any sum due to you in respect of the Job or Additional Works which are the subject of the dispute.
11.6. The Parties shall at all times comply with all reasonable requests from EVO for the supply of information to support EVO in proposing a resolution to the Dispute.
11.7. EVO reserves the right, at our sole discretion, to terminate the access of a Service Provider to the EVO Services App who it deems is entering into, or is the subject of, an excessive number of Disputes.
12. LOSS OR DAMAGE ARISING FROM A JOB
You agree that you will not, nor will your employees or subcontractors, intentionally damage the Premises.
12.1. In the event the property occupier(s) suffers loss or damage to their Premises or its contents or to any service connected to it and attributes the loss or damage to you, your employees or subcontractors in the first instance the Parties should try to resolve who should be responsible for such loss or damage between themselves; or you, your employees or subcontractors cause any damage to the Premises you will, in good faith, cover the cost of the damage and in the first instance will refer it to your insurer.
12.2. In no event shall EVO be liable to either party for any direct, indirect, consequential, special or punitive loss arising out of the engagement by the property occupier(s) directly with the Service Provider to carry out any Job not requested through us and to the extent that we will not be liable under these Terms and Conditions or at law, for the Job to which the loss or damage relates.
12.3. Notwithstanding any other provision, nothing in these Terms and Conditions shall exclude or limit either your or our liability for death or personal injury caused by your or our (as the case may be) negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
12.4. If you are dissatisfied with the EVO Services App, or the terms of these Terms and Conditions, your sole remedy under these Terms and Conditions shall be to discontinue the use of the EVO Services App.
12.5. Other than as set out above and notwithstanding any other provision of these Terms and Conditions, we shall not be liable to you or to any third party acting on your behalf, whether in contract, tort, negligence, statutory duty, misrepresentation or otherwise, for any special, indirect or consequential loss, cost, expense, fine or damage whatsoever arising from or in any way connected with these Terms and Conditions including but not limited to loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage). Without limiting the foregoing, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
12.6. Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into these Terms and Conditions by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.
12.7. Each of the provisions of this clause shall be construed separately and independently of the others to the extent permitted by law.
13. PAYMENTS
13.1. All Jobs will be calculated based on the agreed rate card of fees with our Service Providers. Job prices will either be fixed rates or on a time and materials basis, with time based Jobs calculated using the first hour rate and then on a minute by minute basis. There are separate agreed rates for half day and full day jobs.
13.2. EVO reserves the right to change prices at any time. and any other such fees payable by the Service Provider.
13.3. Payment for Additional Works will be paid upon successful approval of any uploaded validated receipts but in any event must be authorised before the Job is completed.
13.4. EVO accepts no liability for any Additional Works or payments that are not authorised via the EVO Services App and it is the sole responsibility of the Service Provider to ensure that prior authorisation has been given for any such expenses.
13.5. Service Providers shall be paid initially within 30 working days of completion of the Job, direct into the nominated bank account as set on the EVO Services App.
13.6. Good performance may result in payments being made within to 14 working days upon successful completion of 10 jobs extending to be able to for next working day payments upon successful completion of 50 jobs.
13.7. Any validated poor review or upheld Dispute will result in the payment terms being reset to 30 working days.
14. INSURANCE
14.1. You will be required to obtain and maintain a suitable Insurance Policy for each Job you, your employees or subcontractors perform. On taking out and on renewing each Insurance Policy, you shall on request from us, promptly send us a copy of the receipt for the premium, a copy of the Insurance Policy certificates and details of the insurance cover obtained.
14.2. Each Insurance Policy must be maintained with a reputable insurance company and you must comply with all of the requirements of such insurer and not undertake any act or omission which vitiates or prejudices (or which is reasonably likely to vitiate or prejudice) your rights under any Insurance Policy and/or to the monies payable under any Insurance Policy.
15. STATUS AND TAX
As a Service Provider, you acknowledge and agree that you are an independent sole-trader or corporate Service Provider and are not engaged as an employee or agent of EVO and you remain solely responsible for:
15.1. your own Tax, VAT and employment affairs (and that required to be paid for your employees and subcontractors (where applicable)); and
15.2. the quality and outcome of the work and performance of the Jobs,
and you will indemnify and hold EVO entirely harmless from any claims from (i) HMRC (including but not limited to any CIS deductions applicable) or any other statutory body, or (ii) your employees or subcontractors, arising from a breach of the above.
16. PRIVATE ENGAGEMENT
16.1. You agree not to accept or solicit jobs that are offered to you by the Resident(s) or any of our EVO Customers, Contractors or Employees that you have previously worked for through EVO.
16.2. In the event you do accept and undertake work from a Resident, EVO Customer, Employee or other Service Provider (other than for any Additional Work where we have provided prior written consent) outside of the EVO Services App EVO:
16.2.1. reserves the right to terminate your access to the EVO Services App; and
16.2.2. will not be able to mediate on any disputes in respect thereof, and
16.2.3. you will not benefit from the protection offered via these Terms and Conditions in respect thereof.
17. INDEMNITY
17.1. Service Provider agrees to indemnify, defend and hold harmless EVO, its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorney's fees) arising out of or in connection with the Service Provider's work under this agreement, including but not limited to, personal injury, property damage or any other claim arising from the Service Provider's negligence or wilful misconduct.
17.2. Service Provider acknowledges that it shall be solely responsible for the acts and omissions of its employees, agents and subcontractors, and that such acts and omissions shall be deemed to be acts and omissions of the Service Provider. Service Provider further agrees to maintain appropriate insurance coverage to protect against any claims that may arise from its work under this agreement.
17.3. This indemnity provision shall survive the termination or expiration of this agreement and shall be binding upon the Service Provider and its successors and assigns. EVO may, in its sole discretion, participate in the defence of any claim subject to indemnification hereunder, but such participation shall not relieve Service Provider of its obligations hereunder.
17.4. By signing below, Service Provider acknowledges that it has read, understands and agrees to this indemnity provision.
18. MISCONDUCT
If you engage with any Resident(s), EVO Customer(s), Employee(s) or other Service Provider(s) who you feel has acted in an inappropriate way towards you, including but not limited to offensive, violent or sexually inappropriate behaviour you should immediately make a report to the appropriate authorities and then to EVO at helpdesk@evo-pm.com quoting the name and location stated in the details of the Job. Your report may cause us to investigate such behaviour, but we are not obligated to take action beyond that which is required by law, and we will not incur any additional liability or expense.
19. DATA PROTECTION
EVO is registered under the Data Protection Act 1988 (with registration number ZB172988) and we respect the confidentiality of the information you give us. Other than in respect of clause 11.4, for the purposes of enabling Jobs which you have accepted to carried out or otherwise with your express consent, we never pass on any information about our Service Providers to third parties outside the processing that is contemplated by these Terms and Conditions unless we are compelled to do so by law.
20. YOUR CONFIDENTIAL INFORMATION
To the extent that we provide you with any information relating to property occupier(s) or Premises, you agree that you shall, and you will procure that your employees and subcontractors (if any) will:
20.1. treat such information as purely confidential and not share such information with any other person; and
20.2. only use such information for the purpose of contacting such service provider in relation to the particular Job for which you were provided with the information, and for no other purpose whatsoever.
20.3. you acknowledge that EVO may provide your details (and the details of your employees and subcontractors), on an anonymised basis (in which no individual can be identified) to third parties.
21. GENERAL CONDITIONS
21.1. We reserve the right at all times to terminate or suspend or restrict your access to the EVO Services App without notice for any reason whatsoever.
21.2. We may vary the terms of this agreement from time to time and shall post such alterations on any updated terms in the EVO Services App, or directly through email or via our website. Your continued use of the EVO Services App after the date such changes have been posted will constitute acceptance of the amended agreement.
21.3. If any term or condition of these Terms and Conditions is held to be illegal or unenforceable such provisions shall be severed and the remainder of these Terms and Conditions shall remain in full force and effect unless the business purpose of these Terms and Conditions is substantially frustrated, in which case it shall terminate without giving rise to further liability.
21.4. You may not assign, transfer or sub-contract any of your rights hereunder without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
21.5. No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default.
21.6.These Terms and Conditions:
21.6.1. constitute the entire agreement as to its subject matter between us and you; and
21.6.2. supersede and extinguish all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.
21.6.3. you acknowledge that you have placed no reliance on any representation made but not set out expressly in these Terms and Conditions.
21.6.4. any notice to be given under these Terms and Conditions may be given via email, regular mail, or by hand to the address provided through registration or via the EVO Services App.
21.6.5. nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.
21.6.6. notwithstanding any other provision in these Terms and Conditions a person who is not a party hereto has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce the terms of these Terms and Conditions.
21.6.7. these Terms and Conditions shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.
22. VARIATIONS
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our sites.
23. YOUR CONCERNS
If you have any concerns about material which appears on our websites, please contact it@evo-pm.com
CUSTOMER
TERMS & CONDITIONS
1. INTRODUCTION
These terms and conditions "Terms and Conditions" contain information about EVO Digital Technologies Limited, a limited company incorporated in England and Wales under company number 11477247 with registered office at 4th Floor 100 Fenchurch Street London EC3M 5JD and trading as EVO Property Management (defined below as "EVO" or “the Supplier” and also referred to hereinafter as "we", "us", "our" or "ours", as the context requires) and form the agreement between you and us for the use of the EVO Digital Dashboard, EVO Services App and the repairs and maintenance services. Please read this document carefully and review it regularly as we may update and amend these Terms and Conditions from time to time without prior notice.
2. DEFINITIONS
“Account” means your account with EVO which is created by registering and providing certain mandatory details during the registration process.
“Additional Payment” means payment due to the Service Provider in respect of Additional Works and/or Costs and Expenses within the limits determined from the outset of the job.
“Additional Services” means other services separate from, and other than those required to complete, the Job.
“Additional Work” means work you deem necessary in order to perform the Job but which goes beyond the scope of the original Job booked on the EVO Digital Dashboard.
“Costs and Expenses” means costs and expenses incurred by you in acquiring materials, parts and/or supplies (but for the avoidance of doubt not tools, fuel, parking or travel expenditure) that are, in your opinion, necessary for the completion of the Job but which are not included in the fee stated in the EVO Services App when booking the Job.
“the Customer” / ”you” means a party who is registered with EVO for the purpose of being a landlord, property agent and / or property manager and has responsibility for delivering residential housing repairs, maintenance and compliance services to residential properties.
“Dispute” means a disagreement between the Service Provider and us that a Job has not been satisfactorily described or completed.
“Emergency Job” means a Job to be completed as soon as reasonably possible and within 6 hours of acceptance or booked by the Service Provider or the Tenant(s) on the EVO Digital Dashboard.
“EVO Digital Dashboard” means any website or mobile application or other interface which is: owned by EVO (including but not limited to www.evo-pm.com); operated on a white label basis by EVO; or powered or maintained by EVO, (each as modified and/or updated by us from time to time) for the purpose of enabling us to book Jobs and connect with Service Providers.
“EVO Living App” means the mobile application developed by EVO for Tenants to report repair issues and access important information on their Property.
“Future Job” means any Job booked that is scheduled for a future date.
“Insurance Policy” a suitable policy(ies) of insurance covering any or all liabilities which may be incurred by us, our employees or subcontractors arising out of or in connection with a Job.
“Job” means the work requested by us.
“Notice Period” means the notice period set out in your order form.
“Parties” means collectively the EVO, the Tenant(s) and the Service Provider.
”Property” means the premises where the Job is being carried out and has been onboarded to the EVO Digital Dashboard.
“Services” means the repairs and maintenance services pursuant to the Service Plan Subscriptions subscribed for by you and set out in your order from.
“Service Plan Subscriptions” means the service plan subscriptions you have subscribed for which entitle Tenants to access the EVO Living App and you to access the EVO Digital Dashboard in accordance with the terms of this agreement. The scope of your service plan subscriptions will be agreed with you at the time of contracting EVO’s services.
“Service Provider” means a fully vetted and qualified trades person who is registered with EVO for the purpose of being notified of, accepting and completing Jobs that are booked by us or the Tenant(s).
“Subscription Fees” means the subscription fees payable by you to EVO for the Service Plan Subscriptions.
“Subscription Plan” means the subscription plan subscribed for by you and set out in your order from.
“Subscription Term” means the subscription term set out in your order form.
“Tenant” means an authorised person who occupies a Property rented from a landlord who has engaged the Customer for Property management services.
“Tax” means any and all statutory deductions due as a result of the financial transaction between a Service Provider and EVO (including, for the avoidance of doubt, corporation tax and/or income tax depending on if you are a sole trader, self-employed Service Provider or a corporate Service Provider).
Defined terms will have the same meaning if they appear in the singular, plural, masculine or feminine or as the context requires.
Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions.
3. HOW THE SERVICE WORKS
3.1. EVO provides mobile applications and website technology that connects us and Tenant(s) who require home repair services to be performed within residential rental properties, with Service Providers who are willing to perform those Jobs.
3.2. We connect with Service Providers by booking Jobs on the EVO Digital Dashboard and these Jobs are then assigned to Service Providers who operate in the geographical area at the set operational times and whose service offering matches our requirements via the EVO Services App. You will have complete visibility of all Jobs requested, their progress and any communications from your Tenants and the Service Provider via the EVO Digital Dashboard.
3.3. Once a Service Provider has completed a Job, EVO validates the outcome, confirms costs and expenses then pays the amount owed to the Service Provider. EVO does not allow cash transactions.
3.4. You will approve all Jobs via the EVO Digital Dashboard and will undertake to communicate only via the EVO Digital Dashboard to preserve the Job audit trail.
3.5. You acknowledge that when you approve a Job you will be entering into a direct contract with us to perform the services requested. The terms of the contract entered into are set out below.
4. USE OF THE EVO DIGITAL DASHBOARD
4.1. A core purpose of the EVO Digital Dashboard is to enable Jobs to be completed efficiently, quickly and to maintain a full audit trail of all Job details and progress. You therefore agree that you will not, and you will procure that your employees and subcontractors do not, in any circumstance use the EVO Digital Dashboard for any purpose other than to approve and monitor Jobs in good faith.
4.2. We make no warranty that any part of EVO Digital Dashboard will operate uninterrupted or error free and we accept no liability for loss or damage caused from any interruption or error in any part of the EVO Digital Dashboard.
4.3. As an EVO Customer using the EVO Digital Dashboard you and your employees and subcontractors:
4.3.1. must be 18 years old or older; and you agree:
4.3.2. to provide all account set-up information as required by these terms and conditions; to register and create an Account for yourself and each of your employees who will be monitoring and approving Jobs and warrant that you have the consent of each employee to provide their personal information; not to authorise others to use your Account and you may not assign or transfer your Account to any other person or entity; and to be responsible for keeping any registration details confidential (including your password).
4.4. We reserve the right to:
4.4.1. refuse to provide access to the EVO Digital Dashboard to any individual, business or other entity at any time without explanation, consequence or liability; and
4.4.2. remove any services from the EVO Digital Dashboard with no obligation to give advance notice, and EVO shall not be liable for losses, costs or expenses arising from any such refusal or removal.
4.5. You:
4.5.1. are solely responsible for taking appropriate safety precautions in connection with your use of the EVO Digital Dashboard in respect of yourself, and your employees;
4.5.2. assume all risk when using the EVO Digital Dashboard, including, but not limited to, any risks associated with interacting with other people;
4.5.3. acknowledge that EVO is not able to guarantee the accuracy of information provided to you by other people and that you should confirm such information to your own satisfaction before you or your employees or subcontractors (if any) engage with them.
4.6. You agree not to use the EVO Digital Dashboard in any unlawful manner and in particular you shall not, and you shall procure that your employees and/or subcontractors shall not:
4.6.1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others;
4.6.2. publish, post, upload, distribute or disseminate (“Post”) any inappropriate, defamatory, abusive, infringing, obscene, discriminatory or otherwise unlawful material;
4.6.3. post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any person;
4.6.4. cause the EVO Digital Dashboard or any part of it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the EVO Digital Dashboard is in any way impaired; or
4.6.5. restrict or inhibit any other user from using and enjoying the use of the EVO Digital Dashboard
4.7. Whilst we take steps to prevent misuse of our systems, we cannot warrant that the EVO Digital Dashboard will be free of viruses or other malicious code or content and accept no liability for loss or damage caused from the transmission of such content or code.
5. SETTING UP AN ACCOUNT AND REGISTERING FOR THE EVO DIGITAL DASHBOARD
5.1. In order to approve and monitor Jobs that have been booked by us or the Tenant(s) you must be registered as an EVO Customer. EVO takes reasonable steps to ensure that the information provided is true, accurate and not misleading. As such, to complete the registration process you will be required to provide information including but not limited to:
5.1.1. name / company name
5.1.2. full residential / operating address
5.1.3. email Address
5.1.4. mobile phone number
5.1.5. accounts contact details (if separate)
5.1.6. valid purchase order number (as applicable)
5.1.7. proof of being a registered Provider (as applicable)
5.1.8. proof of qualifications and accreditations (as applicable); and
5.1.9. valid insurance policies (as applicable).
5.2. In addition, as the Customer, you will procure that the following information is supplied to EVO for each Property to be onboarded to the EVO Digital Dashboard:
5.2.1. full postal address of each Property to be onboarded
5.2.2. proof of authority to manage the post-tenancy needs of each Property to be onboarded; and
5.2.3. each Tenant completes the EVO Tenant registration form, which will include, inter alia, details of their name, email address and mobile phone number.
5.3. You warrant to EVO that you have consent to provide information detailed in clause 5.1 and 5.2 above.
5.4. You are responsible, and assume liability, for all information that you upload. Details of how EVO may use any information and content are provided in the Privacy Policy.
5.5. EVO reserves the right, but is not under any obligation, to monitor information that is submitted to the EVO Digital Dashboard and to remove such information or material that in our sole opinion violates any applicable law, either the letter or spirit of these Terms and Conditions, or upon the request of a third party.
6. MONITORING & APPROVING JOBS
6.1. You will be able to monitor and approve all Job requests made by your Tenants through their EVO Living App or by phone direct to the EVO helpdesk via the EVO Digital Dashboard.
6.2. The EVO Digital Dashboard generates a push notification or email of all Jobs reported and alert you when feedback and / or approval is required.
6.3. You will be in complete control of all Jobs and no works will be carried out by EVO without the Customer’s prior approval.
6.4. Any Job queries can be made via the EVO Digital Dashboard (or direct by phone to the EVO helpdesk), including requests for further information, communications with the Tenant and / or the EVO heldesk and requests for Job quotes.
6.5. At the point the Job is approved by you, EVO will instruct a Service Provider to carry out the works under the terms of your service level agreement.
7. COMPLETING JOBS
7.1. EVO will assess the work carried out prior to notifying you that a Job is complete.
7.2. EVO will notify you in the event a Job is delayed and the progress of each Job will be accessible within he EVO Digital Dashboard.
7.3. EVO undertakes to complete each Job (and any Additional Work) as specified, to the standards and timescales agreed with you and using due skill, care and diligence in accordance with good industry practice, which as a minimum shall mean the standard of skill, care, knowledge, timeliness and foresight which would reasonably and ordinarily be expected from an experienced person engaged in providing services.
7.4. In the event:
7.4.1. that you or the Tenant(s) do not give full and complete information when we are assessing the work prior to travelling or it is reasonably difficult to assess the work remotely, we, our employees or subcontractors may, on arrival at the Property, may deem that Additional Work is required in order for the Job to be completed. In this situation we, or our employee or subcontractor (as applicable) shall provide an estimate of the scope of, and cost for, such Additional Work which must be approved by you before any work to perform the Job is commenced; or
7.4.2. if you or the Tenant request Additional Services to be provided, these must be provided only via a new Job booking and must be approved by you before any work to perform the Job is commenced.
7.5. All Jobs and any Additional Work completed by EVO will be guaranteed by EVO for 12 months from the date the Job is completed.
8. CANCELLING JOBS
8.1. If we, our employee or subcontractor arrive at the Property and are unable to contact the Tenant(s) or gain access to the Property we will message and attempt to contact them for 20 minutes, after which we will be entitled to cancel the Job and you will be charged cancellation fees as applicable.
8.2. You, your employees and Tenants will only reschedule or cancel the Job on a minimum of 24 hours’ prior notice to us. If you, your employees or Tenants cancel or reschedule with less than 24 hours prior notice, EVO may charge cancellation fees as applicable.
9. REPAIRS & MAINTENANCE SERVICES
9.1. EVO shall provide the repair and maintenance services to you in accordance with your Service Plan Subscriptions.
9.2. EVO shall:
9.2.1. at all times supply the repair and maintenance services in accordance with this agreement in all material respects;
9.2.2. provide a customer support Help desk between 09:00-17:00 Monday to Friday for you and your Tenants to report repair requests and discuss related issues and other lines of communication which are contained in the EVO’s Back-Up and Support Policy;
9.2.3. shall verify that the repair and maintenance trades people are suitably qualified and have the relevant and valid insurance and where required an appropriate DBS accreditation.
9.2.4. co-operate with you in all matters relating to the repair and maintenance services.
9.3. The Customer shall:
9.3.1. co-operate with EVO in all matters relating to the repair and maintenance services; and
9.3.2. provide (or procure that its Tenant provides), for EVO, its agents, subcontractors, consultants and employees, in a timely manner and at no charge, (unless caused by an EVO error, or an agent of EVO), access to the Property, and other facilities as reasonably required by EVO, its agents, subcontractors, consultants or employees.
9.3.3. reserve the right to terminate this agreement should EVO repeatedly fail to provide the services on time or in accordance with this agreement.
9.4. If EVO’s performance of its obligations under this agreement is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, tenants, consultants or employees, then, without prejudice to any other right or remedy it may have, EVO shall be allowed an extension of time to perform its obligations equal to the delay caused by the Customer.
9.5. Subject to the Subscription Term being a minimum of 12 months and the circumstances detailed in clause 9.6 below, EVO guarantees the workmanship and any parts provided as part of the repair and maintenance services for the period of 12 months from the date the repair is completed.
9.6. The EVO warranty set out in the above clause 9.5 does not apply in any of the following events occurs:
9.6.1. the defect arises because you or the Tenant failed to follow EVO’s oral or written instructions regarding the same;
9.6.2. the Customer or the Tenant alters or repairs the same without the written consent of EVO;
9.6.3. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.
9.7. If the repair and maintenance services do not comply with the warranty set out in clause 9.5 (subject to clause 9.6) within a reasonable timeframe you shall be entitled to require EVO to reperform the repair and maintenance services. Once EVO has complied with your request, it shall have no further liability to the Customer for the repair and maintenance services pursuant to clause 9.5 other than to provide a remedy for any claim against the Customer for personal injury, damage to property (excluding normal wear and tear and/or any superficial damage resulting from the provision of the repair and maintenance services) or proven and direct financial loss suffered by the Customer caused by EVO not reperforming the repair and maintenance services within a reasonable timeframe and/or as a result of the reperformed repair and maintenance services being inadequate, defective or to a poor standard.
9.8. EVO has given commitments as to compliance of the repair and maintenance services with relevant specifications in clause 9. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law are excluded from this agreement.
10. DISPUTES AND DISPUTE RESOLUTION
10.1. If you are not satisfied that EVO have completed the Job to the performance and/or quality we should reasonably expect, you may initiate a Dispute with EVO.
10.2. In the event of a Dispute the Parties hereby agree to act at all times reasonably and in good faith, to negotiate a settlement and hereby recognise that the responsibility for reaching a mutually agreed settlement lies between them. You agree to keep any information about us provided to you under the terms of this Agreement confidential and only use it for its proper purpose.
10.3. If we have been notified of the Dispute from you within 2 days of the Job being completed, and only if we cannot reach a resolution between us within 14 days (having used all reasonable attempts to do so), the Dispute may be escalated by you.
10.4. The Parties shall at all times comply with all reasonable requests from either party for the supply of information resolve the Dispute.
11. LOSS OR DAMAGE ARISING FROM A JOB
We agree that we will not, nor will our employees or subcontractors, intentionally damage the Property.
11.1. In the event the Tenant(s) suffers loss or damage to their Property or its contents or to any service connected to it and attributes the loss or damage to us, our employees or subcontractors in the first instance the Parties should try to resolve who should be responsible for such loss or damage between themselves; or we, our employees or subcontractors cause any damage to the Property we will, in good faith, cover the cost of the damage and in the first instance will refer it to our insurer.
11.2. In no event shall EVO be liable to either party for any direct, indirect, consequential, special or punitive loss arising out of any Job not requested through us and to the extent that we will not be liable under these Terms and Conditions or at law, for the Job to which the loss or damage relates.
11.3. Notwithstanding any other provision, nothing in these Terms and Conditions shall exclude or limit either us or our liability for death or personal injury caused by your or our (as the case may be) negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
11.4. Other than as set out above and notwithstanding any other provision of these Terms and Conditions, we shall not be liable to you or to any third party acting on your behalf, whether in contract, tort, negligence, statutory duty, misrepresentation or otherwise, for any special, indirect or consequential loss, cost, expense, fine or damage whatsoever arising from or in any way connected with these Terms and Conditions including but not limited to loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage). Without limiting the foregoing, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
11.5. Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into these Terms and Conditions by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.
11.6. Each of the provisions of this clause shall be construed separately and independently of the others to the extent permitted by law.
12. PAYMENTS
12.1. You agree to complete a direct debit mandate to effect payments and agree to pay the Subscription Fees monthly/quarterly/annually in advance as detailed on your completed order form.
12.2. For any Jobs or Additional Works not included within your Service Plan Subscription, the price of these Jobs will be calculated based on the agreed rate card of tradespeople charges which were agreed with you at the time of entering into your Subscription Plan. Job prices will either be fixed rates or on a time and materials basis, with time-based Jobs calculated using the first hour rate and then on a minute-by-minute basis. There are separate agreed rates for half day and full day jobs.
12.3. For any Jobs or Additional Works which are outside of the scope of your Service Plan Subscriptions, these Jobs or Additional Works will be invoiced separately by EVO to you following the completion of the works. All additional EVO invoices are payable within 30 days of the invoice date.
12.4. For Jobs and Additional Works outside of your normal Service Plan Subscription, EVO reserves the right to change its rate card, with all such rate card changes to be notified to you with no less than 30 days’ notice before the new rate card prices coming into effect.
12.5. If EVO has not received payment within 30 days after the due date, and without prejudice to any other rights and remedies of EVO:
12.5.1. we may, without liability to you, disable your and / or the Tenants password, account and access to all or part of the EVO Digital Dashboard and / or the EVO Living App and we shall be under no obligation to provide any or all of our services while the invoice(s) concerned remain unpaid; and
12.5.2. the Late Payment of Commercial Debts (Interest) Act 1998 shall apply to this agreement.
12.6. If you reasonably believe that you have been charged a sum which is not valid and properly due:
12.6.1. you shall notify EVO in writing as soon as reasonably practicable;
12.6.2. your failure to pay the disputed amount shall not be deemed to be a breach of this agreement;
12.6.3. you shall pay the balance which is not in dispute by the due date for payment
12.6.4. to the extent that you are obliged, following resolution of the dispute, to pay the amount due, you acknowledge that we may charge interest in accordance with clause 11.6.2. from the original due date until the date of payment; and
12.6.5. once the dispute has been resolved, where either party is required to make a balancing payment, it shall do so within 10 Business Days and, where we are required to issue a credit note, we shall do so within 10 Business Days
12.7. All amounts shall be payable in pounds sterling and unless otherwise stated are non-cancellable and non-refundable.
13. INSURANCE
13.1. We will maintain a suitable Insurance Policy for each Job and deliver the services pursuant to this agreement.
13.2. Each Insurance Policy will be maintained with a reputable insurance company and we will comply with all of the requirements of such insurer and not undertake any act or omission which vitiates or prejudices (or which is reasonably likely to vitiate or prejudice) our or your rights under any Insurance Policy and/or to the monies payable under any Insurance Policy.
14. INTELLECTUAL PROPERTY
14.1. You acknowledge and agree that EVO and/or its licensors own all intellectual property rights in the EVO Digital Dashboard, EVO Living App and Services and any associated documentation. Except as expressly stated herein, this agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the EVO Digital Dashboard, EVO Living App or Services or any associated documentation.
14.2. We confirm that we have all the rights in relation to the EVO Digital Dashboard, EVO Living App and Services that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of this agreement.
15. THIRD PARTY PROVIDERS
15.1. The Customer acknowledges that the Services may enable or assist it to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that it does so solely at its own risk. The Supplier makes no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by the Customer, with any such third party. Any contract entered into and any transaction completed via any third-party website is between the Customer and the relevant third party, and not the Supplier. The Supplier recommends that the Customer refers to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website. The Supplier does not endorse or approve any third-party website nor the content of any of the third-party websites made available via the Services.
15.2. The Supplier may use third party service providers to maintain a supply of suitably qualified tradespeople to carry out the repair and maintenance services specified in this contract. The Supplier will indemnify the Customer against any claim against the Customer for personal injury, damage to property (excluding normal wear and tear and/or any superficial damage resulting from the provision of the repair and maintenance services) or proven and direct financial loss to the Customer which results from repair and maintenance services completed by such third party service providers on behalf of the Supplier failing to meet the obligations set out in this agreement.
16. INDEMNITY
16.1. You shall defend, indemnify and hold harmless EVO against direct and proven financial loss arising out of or in connection with your or the Tenants use of the EVO Digital Dashboard and EVO Living App and the Services, provided that:
16.1.1. the claim, action, proceeding or loss is not due to an act or omission of EVO, its agents or any person it has instructed
16.1.2. you have given prompt notice to EVO of any such claim and
16.1.2.1. EVO has used reasonable endeavours to mitigate any harm or loss;
16.1.2.2. EVO provides reasonable co-operation to you in the defence and settlement of such claim, at your expense;
16.1.3. you are given sole authority to defend or settle the claim.
16.2. EVO will indemnify you against any claim against you for personal injury, damage to property (excluding normal wear and tear and/or any superficial damage resulting from the provision of the Services) or proven and direct financial loss to you resulting from any Repair and Maintenance Services failing to meet the obligations under this agreement.
16.3. EVO shall, defend you, its officers, directors and employees against any claim by a third party from the Services, the EVO Digital Dashboard, the EVO Living App or any associated documentation infringes any patent effective as of the commencement date of services, copyright, trademark, database right or right of confidentiality, and shall indemnify you for any amounts awarded against you in judgment or settlement of such claims, provided that:
16.3.1. EVO has given you prompt notice of any such claim; and
16.3.1.1. you provide reasonable co-operation to EVO in the defence and settlement of such claim, at EVO’s expense;
16.3.2. EVO is given sole authority to defend or settle the claim.
16.4. In the defence or settlement of any claim, EVO may procure the right for you to continue using the Services, replace or modify the Services so that they become non-infringing. Or, if such remedies are not reasonably available, terminate this agreement on 60 days written notice to you. EVO shall consult you before replacing or modifying the Services if such replacement or modification would materially alter the Services and provide you with the option to terminate this agreement (by providing 60 days written notice to EVO) if such replacement or modification is unsatisfactory to you.
16.5. In no event shall EVO, its employees, agents and subcontractors be liable to you to the extent that the alleged infringement is based on:
16.5.1. a modification of the EVO Digital Dashboard, EVO Living App or Services by anyone other than EVO, its employees, agents, and subcontractors; or
16.5.2. your or your Tenants use of the EVO Digital Dashboard, EVO Living App or Services in a manner contrary to the instructions given to you by EVO; or
16.5.3. your or your Tenants use of the EVO Digital Dashboard, EVO Living App or Services after notice of the alleged or actual infringement from EVO or any appropriate authority.
16.6. This indemnity provision shall survive the termination or expiration of this agreement and shall be binding upon both parties.
17. LIMITATION OF LIABILITY
17.1. Notwithstanding the provisions of clause 16, this clause 17 sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents and subcontractors) to the Customer in respect of:
17.1.1. any breach of this agreement;
17.1.2. any use made by the Customer of the EVO Digital Dashboard, the EVO Living App or Services or any part of them; and
17.1.3. any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
17.2. Except as expressly and specifically provided in this agreement:
17.2.1. the Customer assumes sole responsibility for results obtained from the use of the EVO Digital Dashboard, the EVO Living App and Services by the Service Provider, and for conclusions drawn from such use. The Supplier shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to the Supplier by the Customer in connection with the Services, or any actions taken by the Supplier at the Customer's direction;
17.2.2. all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement; and
17.2.3. the EVO Digital Dashboard, the EVO Living App and Services are provided to the Customer on an “as is” basis and due to being cloud software, the version available to the Customer will always be the latest version.
17.3. Nothing in this agreement excludes or reduces the liability of the Supplier:
17.3.1. for death or personal injury caused by the Supplier’s negligence; or
17.3.2. for fraud or fraudulent misrepresentation.
17.4. Subject to clause 17.2 and clause 17.3:
17.4.1. subject to clause 15.2 neither the Supplier or the Customer shall be liable to the other whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement; and
17.4.2. subject to clause 15.2 and clause 17.4.4, the Supplier’s total aggregate liability in contract and/or misrepresentation arising in connection with the performance or contemplated performance of this agreement shall be limited to the total Service Plan Subscription Fees paid for during the Initial Subscription Term or the 12 months immediately preceding the date on which the claim arose, whichever is lower;
17.4.3. subject to clause 15.2 and clause 17.4.4, the Supplier’s total aggregate liability in tort (including negligence or breach of statutory duty) arising in connection with the performance or contemplated performance of this agreement shall be limited to the Suppliers Public Liability cover amount at the date of the repair.
17.4.4. the Supplier's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with clauses 18.1 and 16.3 shall be limited to the total Service Plan Subscription Fees paid for during the Subscription Term or the 12 months immediately preceding the date on which the claim arose, whichever is lower; and
17.4.5. the Customer's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the total Service Plan Subscription Fees paid for during the Subscription Term or the 12 months immediately preceding the date on which the claim arose, whichever is lower.
18. DATA PROTECTION
18.1. Both parties agree to adhere to 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.
18.2. EVO is registered under the Data Protection Act 1988 (with registration number ZB172988) and we respect the confidentiality of the information you give us. Further information on how EVO handles your data is included in our Privacy Policy.
19. TERMS & TERMINATION
19.1. This agreement shall, unless otherwise terminated as provided in this clause, commence on the Effective Date as detailed on your order form and shall continue for the Subscription Term, when it shall automatically extend for a further 12 months (the “Extended Term”) unless, no later than Notice Period before the end of the Subscription Term (or any Extended Term agreed under this clause), the parties agree in writing that the agreement shall be terminated.
19.2. Without prejudice to any other rights or remedies to which the parties may be entitled, either party may terminate this agreement without liability to the other if:
19.2.1. the other party commits a material breach of any of the terms of this agreement and (if such a breach is remediable) fails to remedy that breach within thirty (30) days of that party being notified in writing of the breach; or
19.2.2. the other party ceases, or threatens to cease, to trade.
19.3. On termination of this agreement for any reason:
19.3.1. all licences granted under this agreement shall immediately terminate;
19.3.2. each party shall return and make no further use of any equipment, property, documentation and other items (and all copies of them) belonging to the other party;
19.3.3. the Supplier shall use reasonable endeavours to deliver the back-up to the Customer within thirty (30) days of its receipt of such a written request, provided that the Customer has, at that time, paid all fees and charges outstanding at and resulting from termination (whether or not due at the date of termination). The Customer shall pay all reasonable expenses incurred by the Supplier in returning or disposing of customer data;
19.3.4. the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of the Services supplied but for which no invoice has been submitted, the Supplier may submit an invoice, which shall be payable immediately on receipt; and
19.3.5. the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced.
20. FORCE MAJURE
The Supplier shall have no liability to the Customer under this agreement if it is prevented from or delayed in performing its obligations under this agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm provided that the Customer is notified of such an event and its expected duration if known.
21. YOUR CONFIDENTIAL INFORMATION
To the extent that we provide you with any information relating to your Tenant(s) or your Property, you agree that you shall, and you will procure that your employees and subcontractors (if any) will:
21.1. treat such information as purely confidential and not share such information with any other person; and
21.2. only use such information for the purpose of contacting such service provider in relation to the particular Job for which you were provided with the information, and for no other purpose whatsoever.
21.3. you acknowledge that EVO may provide your details (and the details of your employees and subcontractors), on an anonymised basis (in which no individual can be identified) to third parties.
22. GENERAL CONDITIONS
22.1. We reserve the right at all times to terminate or suspend or restrict your access to the EVO Digital Dashboard without notice for any reason whatsoever.
22.2. We may vary the terms of this Agreement from time to time and shall post such alterations on any updated terms provided through the EVO Digital Dashboard, EVO Living App, or directly through email or on our Website. Your continued use of the EVO Digital Dashboard, EVO Living App and Services after the date such changes have been posted will constitute acceptance of the amended agreement.
22.3. If any term or condition of these Terms and Conditions is held to be illegal or unenforceable such provisions shall be severed and the remainder of these Terms and Conditions shall remain in full force and effect unless the business purpose of these Terms and Conditions is substantially frustrated, in which case it shall terminate without giving rise to further liability.
22.4. You may not assign, transfer or sub-contract any of your rights hereunder without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
22.5. No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default.
22.6. Notices will be deemed to be delivered in writing if addressed to the Operations Director by email to accounts@evo-pm.com for the Supplier and to the named person detailed as the Customer Contact on the order form for the Customer.
22.7. These Terms and Conditions:
22.7.1. constitute the entire agreement as to its subject matter between us and you; and
22.7.2. supersede and extinguish all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.
22.7.3. you acknowledge that you have placed no reliance on any representation made but not set out expressly in these Terms and Conditions.
22.7.4. any notice to be given under these Terms and Conditions may be given via email, regular mail, or by hand to the address provided through registration or via the EVO Digital Dashboard.
22.7.5. nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.
22.7.6. notwithstanding any other provision in these Terms and Conditions a person who is not a party hereto has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce the terms of these Terms and Conditions.
22.7.7. these Terms and Conditions shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.
23. VARIATIONS
We may revise these terms of use at any time by amending this web page. You are expected to check this web page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our sites.
24. YOUR CONCERNS
If you have any concerns about material which appears on our websites, please contact it@evo-pm.com