Terms and Conditions

Terms and Conditions

Last Updated: August 2018

www.lockswift.com (“LockSwift”, “Us”) is an independent website operated by Franchise Group Ltd trading as LockSwift Locksmiths who is a company registered in England and Wales under registration number 11261067 and registered at3 Mount Crescent, Warley, Brentwood, United Kingdom, CM14 5DB. The following terms and conditions (“Terms”) are for those wishing to engage in the services provided by LockSwift and sets out the relationship between LockSwift and you (“You”, “Your” or “Client”).

By using this website and our Service, You acknowledge and agree to these Terms and Our Privacy and Cookie Policy. If You do not agree with these Terms, please do not use this site. By engaging in our services You are bound to and are deemed to have understood the following;

  • LockSwift an around the clock, locksmith and security service (“Services”)
  • LockSwift is a franchise company and details of your local franchise can be found by contacting your local branch.
  • LockSwift offers franchising options (see Clause 5).

1. CHARGES AND FEES

  • 1.1. LockSwiftshall charge a flat fee (“Fee”) for Services which shall be set out in the quotation provided to You.
  • 1.2. Quotes are provided based on the information received by Us, from You. As such, You agree to provide the information as accurately as possible and to answer any questions, reasonably asked by the representative providing the quote.
  • 1.3. Payments shall be made in pounds sterling (GBP) and shall be inclusive of all VATs and relevant taxes and shall be paid in cash upon completion of the Service.

2. RESPONSIBILITIES AND OBLIGATIONS

  • 2.1. You must ensure that a responsible adult over the age of 18 is present at the address to which out representative is called out and/or services are undertaken.
  • 2.2. If access to the property in question is not provided within 20 (twenty) minutes of attendance at the location, the representative may leave the address and you may still be charged for the Service.
  • 2.3. You shall use your best endeavours to ensure that the property at which the representative is to attend is a safe one and that there is no risk to the representative in being there.
  • 2.4. By requesting a service, you confirm that you have full legal rights to access the property and carry out services to it. That you are the legal owner and/or occupier or that you have express permission from the owner/occupier to carry out or instruct such services.
  • 2.5. Where a CCTV installation service is being carried out, you agree and confirm that the purpose of such equipment is to be used for lawful reasons and that any adults in the property are aware of its presence.
  • 2.6. Where LockSwift representatives ask for information regarding the property itself in relation to the service, You agree to do your best to provide the relevant information, using, where necessary and where possible, the information provided to you on our website.
  • 2.7. You shall ensure that You, or a responsible adult is available during the duration of the services and that you are available via telephone prior to the representative’s arrival, in case of emergency.

3. LOCKSWIFT OBLIGATIONS

  • 3.1. LockSwift and its representatives shall do its utmost to ensure a fast, reliable service at all times. However, LockSwift cannot guarantee the time a service will take or is likely to take. All time quotations are estimations only and are not legally binding.
  • 3.2. LockSwift shall ensure that all of its representatives are suitably trained, insured and qualified to perform the Services with due care and responsibility
  • 3.3. LockSwift representatives shall endeavour to ensure that the Service is provided as efficiently as possible and shall leave the area as it was found.
  • 3.4. LockSwift shall not continue to carry out a Service where You or any other person in attendance is rude, harassing, abusive or intoxicated or where the representative is left unattended at a property.

4. COPYRIGHT AND INTELLECTUAL PROPERTY

  • 4.1. LockSwift are the owners or the licensees of all intellectual property rights in and on our site. Those works are protected by copyright laws and all such rights are reserved.
  • 4.2. All logos, designs, slogans and names belonging to LockSwift or displayed on the site are the property of LockSwift and are protected by Trademark laws. Trademarks should not be used without the express written consent of LockSwift.
  • 4.3. You may print off one copy, and may download extracts, of any page(s) from our site for Your personal reference and you may draw the attention of others within your organisation to material posted on our site.

5. LOCKSWIFTFRANCHISE AND FEES

  • 5.1. LockSwift is a UK franchise company. If you are interested in becoming a franchisee, please contact us at enquiries@LockSwift.co.uk
  • 5.2. Franchises are purchased for a fixed fee with a non-refundable, non-cancellable deposit to cover the legal and administration costs of the development and set up.
  • 5.3. Franchise terms and conditions are set out in a separate agreement available from LockSwift by using the details in clause 5.1 above
  • 5.4. LockSwift shall provide and organise all relevant paperwork/agreements to the franchisee upon payment of the deposit
  • 5.5. The Franchisee shall pay, or has paid, a deposit of £1,500 (One Thousand Five Hundred Pounds) towards the Franchise set up cost (“Deposit”).
  • 5.6. Deposit shall be returned to the Franchisee, by electronic payment, at the end of 24 (Twenty-Four) consecutive trading months (“Minimum Term”) on the basis that trading during the Initial Period has been in accordance with this agreement.
  • 5.7. The Franchisee shall pay to the Franchisor a monthly fee (“Franchise Fee”) equal to ¬£195 (One Hundred and Ninety-Five Pounds) per month in consideration for the licence to the Franchisee Business and the Equipment, payable on the monthly anniversary of the Commencement Date
  • 5.8. The Franchise Fee shall reduce to £95 (Ninety-Five Pounds) per month, from month 25 (Twenty-Five) onwards for the remaining term of the agreement.

6. WARRANTY AND LIMITATION OF LIABILITY

  • 6.1. LockSwift makes no representations or warranties of any kind, express or implied as to the operation of the service, or the content or products, provided through the service. You expressly agree that your use of the service is at your sole risk. LockSwift disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. LockSwift makes no warranty as to the security, reliability, timeliness, and performance of the site. You specifically acknowledge that LockSwift is not liable for your defamatory, offensive or illegal conduct, or such conduct by third parties, and you expressly assume all risks and responsibility for damages and losses arising from such conduct. Except for the express, limited remedies provided herein, and to the fullest extent allowed by law, LockSwift shall not be liable for any damages of any kind arising from use of the service, including but not limited to direct, indirect, incidental, consequential, special, exemplary, or punitive damages, even if LockSwift has been advised of the possibility of such damages. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion of or limitations on certain warranties or damages. Therefore, some of the above exclusions or limitations may not apply to you. In no event shall LockSwift’ aggregate liability to you exceed the amounts paid by you to LockSwift pursuant to this agreement
  • 6.2. LockSwift shall perform all services with reasonable care and skill and to a standard to be reasonably expected from a competent and professional supplier of similar services.
  • 6.3. You shall indemnify and hold harmless LockSwift and its personnel against all Liability and Losses (1) asserted against or suffered by You or any other person and arising out of or in connection with services, materials or information provided by LockSwift; and/or asserted against or suffered by LockSwift or any other person (including You) and arising out of or in connection with services, materials or information provided by or on behalf of You, and including without limitation losses and expenses incurred by LockSwift directly.
  • 6.4. LockSwift’ liability in respect of or arising out of any defect in the services rendered or for any injury, loss or damage attributable thereto is limited to making good by re-performance such defects which arise solely from LockSwift’ or its suppliers’ faulty design, materials, installation or workmanship within such period as is given to LockSwift by its suppliers, or if none within a period of six months after such services have been rendered.
  • 6.5. The Provisions of this clause 6 shall not apply in circumstances where they may not apply by virtue of applicable law, including where applicable, and without limitation:-
    • 6.5.1. by virtue of Section 7 of the Consumer Protection Act 1987; and
    • 6.5.2. by virtue of Section 2(i) of the Unfair Contract Terms Act 1977 in respect of liability for negligence.
  • 6.6. In these terms the expression “Services” shall include without limitation the making of any statements by LockSwift or on its behalf in connection with these terms. For the purpose of this clause 6LockSwift contracts on its own behalf and on behalf of, and as trustees for, it’s personnel.
  • 6.7. For the purposes of this clause 6:
    • 6.7.1. “Liability” means liability in contract, tort (including without limitation negligence and defamation), breach of statutory duty or otherwise
    • 6.7.2. “Losses” means demands, claims, awards and other losses and expenses (including legal fees) in respect of death, personal injury, loss or damage
    • 6.7.3. “Personnel” includes partners, officers, employees, agents and representatives.
  • 6.8. Should any claim arise in contract or in tort (including negligence) or otherwise, LockSwift’s maximum aggregate liability shall in no circumstances exceed an amount equal to the LockSwift’ Professional Indemnity cover.

7. SEVERANCE

  • 7.1. If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

8. CANCELLATION

  • 8.1. In the event that You do not wish to pursue with the Service after having booked such service, you may contact the representative on the details found on the site, to do so.
  • 8.2. Cancellations made where there is less than 30 minutes prior to the representative arriving at the property, shall be charged in full.
  • 8.3. Where a booking is cancelled in line with clauses 8.1 and 8.2 above, no fees shall be payable.
  • 8.4. In the event that no suitable adult is available at the property at the time of the representative’s arrival, or the suitable adult is more than 20 minutes late, the representative my cancel the booking at full cost.
  • 8.5. LockSwift do not tolerate any abusive or wrongful behaviour towards their representatives, where a representative feels threatened or harassed under this clause 8, they may leave the property without completion of the service.

9. FORCE MAJEURE

  • 9.1. LockSwift shall not be deemed in breach of these terms if they are unable to complete the Services or any portion thereof by reason of fire, earthquake, employment dispute, act of God or public enemy, death, illness or incapacity of LockSwift or any national or international law, governmental order or regulation or any other event beyond LockSwift’ control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, LockSwift shall give notice to You of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.

10. JURISDICTION

  • 10.1. The formation, construction, performance and enforcement of these terms shall be in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising in relation to these terms. You acknowledge that LockSwift will have no adequate remedy at law in the event You use the deliverables in any way not permitted hereunder, and hereby agree that LockSwift shall be entitled to equitable relief by way of temporary and permanent injunction, and such other and further relief at law or equity as any arbitrator or court of competent jurisdiction may deem just and proper, in addition to any and all other remedies provided for herein.

11. GENERAL

  • 11.1. These terms shall supersede any and all previous agreements or terms and the terms of business which are normally used by You.
  • 11.2. LockSwift may, from time to time amend or change these terms. Any amendments shall be uploaded to the site, and You are responsible for checking amended versions of the same.