Terms & Conditions

Terms & Conditions

 

TERMS & CONDITIONS (“the contract”)

THE CLIENT’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 7.

• • 1. By a) enrolling a dog with or b) permitting a dog to attend or c) accepting the Services of March of the K9’s and its staff, the Client is deemed to have accepted these Terms and Conditions.
  • 2. March of the K9’s may act in the Client’s absence as guardian of their dog and may perform or take any action which they deem necessary in order to protect and keep in good health the Client’s dog.
  • 3. March of the K9’s requires one month’s notice of cancellation. The Client agrees to provide such notice or pay the amount that would be due during this notice period. The Client may cancel with notice at any time; there is no minimum term of contract.
  • 4. For boarding bookings, where 30 days or more notice is provided there is no charge. Where than less that 30 days notice but more than 7 days notice is given, 50% of the fee is chargeable to cover administrative and management costs as well as to cover the loss of business. Where less than 7 days’ notice is provided 100% of the fee is chargeable on the same basis.
  • 5. March of the K9’s operates a fixed monthly fee system, whereby the Client pays a fixed monthly fee for a place at the day care centre on agreed regular day/s per week. March of the K9’s factors into the monthly fee 2 weeks of ‘holiday allowance’ over a 12 month period. Therefore, if the Client’s does not send their dog for any reason, for example due to holiday or sickness, the monthly fee for the agreed regular days is still payable in full. The Client may not swap or add days in lieu if their dog does not attend.
  • 6. The Client may not swap their agreed regular days on an ad hoc basis. It may be possible to add occasional extra days as required, provided there is space in the van. Requests to do so should be made by email. These additional days will be added to the Client’s monthly invoice at the “Additional Day” daily rate agreed between March of the K9’s and the Client.
  • 6.1
    • a. Full payment for services (agreed either at time of booking or subsequently) is to be made within 7 days of receipt of invoice or, by the date specified on the invoice. Time for payment shall be of the essence of the Contract. The preferred method of payment is collection by Direct Debit. Bank transfer, cheque or cash is also accepted, however March of the K9’s may add an administration fee of 2.5% to invoices not collected by Direct Debit. If the Client fails to make any payment due to March of the K9’s under the Contract by the due date for payment, then the Client shall pay interest on the overdue amount at the rate of 8% per cent per annum above Barclay Bank Plc’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgement. The Client shall pay the interest together with the overdue amount plus any and all additional administrative, debt collection costs and legal fees incurred.
    • b. The Client shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). Bruce’s Doggy Day Care may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Client against any amount payable by March of the K9’s to the Client.
    • c. On termination of the Contract for any reason the Client shall immediately pay to March of the K9’s all of March of the K9’s outstanding unpaid invoices and interest and, in respect of services supplied but for which no invoice has been submitted, March of the K9’s shall submit an invoice, which shall be payable by the Client immediately on receipt.

LIMITATION OF LIABILITY: THE CLIENT’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

• 7.1 The Client will take responsibility for any costs which may be incurred, by either veterinary or other, as a result of any damage, accident, or sickness caused to or by their dog and will pay any such costs or expenses on demand.
• 7.2 Nothing in the Contract shall limit or exclude March of the K9’s liability for:
  • a. death or personal injury to a human being caused by its negligence, or the negligence of its employees, agents or subcontractors;
  • b. fraud or fraudulent misrepresentation; or
  • c. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
• 7.3 Subject to clause 7.2, March of the K9’s shall not be liable to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
  • a. loss of profits;
  • b. loss of sales or business;
  • c. loss of agreements or contracts;
  • d. loss of anticipated savings;
  • e. loss of damage to goodwill; and
  • f. any indirect or consequential loss.
• 7.4 Subject to clause 7.2, March of the K9’s total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to £1,000 or the total fees paid under the Contract, which ever is lower.
• 7.5 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
• 7.6 This clause 7 shall survive termination of the Contract.
• 7.7 In agreeing to the figure set under clause 7.4 above the Client agrees that he/ she is able to insure the Client’s dog under a pet insurance policy and is likewise able to insure home and property contents under a house and contents insurance policy. The Client is advised to notify his/her insurers of the day care arrangement in order to be covered under the pertinent insurance policies. The Client understands that Bruce’s Doggy Day Care is only able to offer its competitive fees on the basis of its Clients insuring its pets appropriately.
• 8. The Client’s dog may be transported with other dogs in a March of the K9’s vehicle. The Client agrees that March of the K9’s cannot be held liable for death or injury to their dog in the event of a motor vehicle accident.
• 9. March of the K9’s may hold in possession the keys to the Client’s home and the Client is responsible under clause 7.7 above for making arrangements with its own insurers with this regard.
• 10. The Client gives permission to walk their dog/s off the lead.
• 11. The Client has explicitly confirmed that their dog has no record of aggressive or anti-social behaviour and they have made a full and frank disclosure of any characteristic or trait that might make their dog unsuitable for socialising with other dogs.
• 12. Should the Client’s dog be deemed to be unsuitable by March of the K9’s, March of the K9’s reserves the right to cancel the booking indefinitely, with immediate effect.
• 13. The Client agrees to ensure that their dog/s will be kept up to date on all vaccinations, de-worming and de-fleaing.
• 14. March of the K9’s is closed on bank holidays and the period between Christmas and New Year. Refunds or days in lieu cannot be claimed for any day care during these times.
• 15. The Client gives consent for their dog’s image to be used in photo or video format on March of the K9’s promotional material and social media or in any format that March of the K9’s considers appropriate.
• 16. Force Majeure. Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.