Pond Services (SINGLE JOB) TERMS AND CONDITIONS (B2C)

Background

These Terms and Conditions (“T&C Document”) govern the provision of Pond Services provided by Aqua Pond Ltd (“the Company” or “Aqua Pond”) to all Customers seeking Pond Services at their residences, premises, or any other designated locations chosen by the Customers. Please read these Terms and Conditions carefully and ensure that you fully understand them prior to placing any order or requesting a Quotation from Aqua Pond.

These Terms and Conditions shall apply where the Customer is a “consumer” as defined by Section 2(3) of the Consumer Rights Act 2015.

By requesting the Company’s services, the Customer acknowledges and confirms their understanding and acceptance of these Terms and Conditions and agrees to comply with them as a legally binding Document once they place an order or accept a Quotation.

For any inquiries or additional information, please contact Aqua Pond at info@aquapond.co.uk.

 

Definitions

In this T&C Document, unless the context directed otherwise, the following terms shall be defined as follows:

 

 

d.1 The “Customer”: Refers to a ‘consumer’ as defined in Section 2(3) of the Consumer Rights Act 2015. In the context of these Terms and Conditions, this term specifically pertains to any Customer of Aqua Pond who requests Pond Services for their personal use and for purposes that are wholly or mainly outside the scope of any business activities related to the Customer.

 

d.2 “Pond Services”: Refers to any and all the Services requested by the Customer from Aqua Pond, including but not limited to:

 

1. Pond Cleaning: This Service may involve draining the pond, placing fish and wildlife in an aerated holding tank, cleaning the pond liner with a power washer, removing debris and sludge, and cleaning both the pond filter and pump. Additionally, this service may include changing UV bulbs and cleaning quartz sleeves if necessary, refilling the pond, and reintroducing fish and wildlife.
2. Pond Maintenance: Regular upkeep tasks to ensure the health and functionality of the Customer’s pond, which may include removing excess vegetation, treating water with necessary chemicals like dechlorination, and adding beneficial bacteria to promote a healthy ecosystem.
3. Pond Repairs: Addressing any structural or functional issues within the pond, such as fixing leaks, repairing liners, and ensuring that all equipment (like pumps and filters) is in good working order.
   
   
4. Pond Design and Installation: This Service would include desiging, creating and installing new ponds, including the design and integration of any artistic features necessary for the Service completion.
   
   

d.3  The ‘Service Agreement‘ refers to the written contract that the Customer and Aqua Pond shall enter into upon the Customer’s acceptance of the Quotation price provided by Aqua Pond. This Service Agreement will be subject to the Terms and Conditions contained in this Document. Aqua Pond’s standard form of Service Agreement is attached hereto as Schedule 1.

d.4 Agreed Times: Refers to the specific times and dates mutually agreed upon by the Customer and Aqua Pond, during which Aqua Pond shall have access to the Customer’s property to deliver, perform and conclude the services outlined in the Service Agreement. These Times are to be explicitly detailed in the Service Agreement. Any modifications or alterations to these Agreed Times must be agreed upon in writing by Aqua Pond.

d.5 Concluded Service: Refers to the full completion of the Pond Services as specified in the Service Agreement and as confirmed by Aqua Pond that all tasks and obligations outlined therein have been fully performed.

d.6 Final Fee: Refers to the aggregate amount payable by the Customer to Aqua Pond, as specified by Aqua Pond on any and all invoices issued to the Customer in accordance with Clause 6 of these Terms and Conditions.

d.7 Delay and Non-payment Fee: Refers to the additional charges imposed by Aqua Pond on the Customer for any delays in payment or non-payment of any due invoice as stipulated in the Service Agreement attached hereto as Schedule 1. These fees will be calculated and applied in accordance with the terms set forth in Clause 7 of these Terms and Conditions, including any interest or penalties accrued as a result of the delayed or missed payments.

d.8 Model Cancellation Form: Refers to the standard cancellation document provided in Schedule 2 of this Document, which can be used by the Customer to formally cancel the services contracted requested from the Company.

d.9 Order: Denotes any formal request made by the Customer requesting Aqua Pond Ltd to deliver, perform, install and conclude any agreed-upon Pond Services requested by the Customer.

d.10 Products: This refers to any products and materials required for the provision of the Pond Services, which Aqua Pond Ltd will provide (if any) as specified in the Service Agreement signed with the Customer.                                                                            

d.11 Property: Means the Customer’s home, premises, sites or any other place as instructed by the Customer, and as shall be detailed in the Order, Quotation and the Service Agreement, at which the Pond Services will be delivered, performed, installed and concluded by Aqua Pond Ltd.                                                                              

d.12 Service Quotation: Refers to the quotation document provided by Aqua Pond Ltd to the Customer in accordance with Clause 4, detailing the Pond Services the Company will deliver, perform, install and conclude to the Customer and the fees, charges and costs associated with those Pond Services.

d.13 Quoted Fee: This means the fee set out in the Quotation, which may change according to the actual work undertaken as set out in Clause 6 of these Terms and Conditions. Aqua Pond Ltd reserves the right to amend, alter and change any of the Quoted Fees at any time.

d.14 Start Date: means the date on which Aqua Pond Ltd and the Customer agree to start providing the Pond Services as specified in the Service Agreement.

d.15 Changes to Terms: Refers to any changes in the Terms of this Document from time to time. Aqua Pond Ltd reserves the right to amend, alter and change any of these Terms and Conditions at any time without any notice or communication.   

 

1. Interpretation

1.2 Writing and Electronic Communication: Any reference to “writing” or similar expressions shall include not only traditional paper documents but also any electronic communication, such as emails sent to info@aquapond.co.uk or other electronic means.

1.3 Statutory References: Each reference to a statute or provision of a statute is to be interpreted as a reference to that statute or provision as currently amended, re-enacted, or otherwise modified at the relevant time, ensuring compliance with the most current legal standards.

1.4 Terms and Conditions References: Every mention of “these Terms and Conditions” explicitly refers to the entire set of terms and conditions contained in this Document.

1.5 Schedule References: Each reference to a Schedule within these Terms and Conditions pertains to an attachment that is inseparable from these Terms and Conditions and shall be construed as integral parts and shall not be deemed independent or separable from this T&C Document, nor shall they be deemed to have been merged into this Document.

1.6 Interpretation of Headings: The headings used in these Terms and Conditions are intended solely for convenience and organisational purposes and shall not influence or modify the interpretation or meaning of any provision within these Terms and Conditions.

1.7 Gender References: Any reference to a specific gender within these Terms and Conditions shall be considered inclusive of all genders.

1.8 References to Persons: References to “persons”, if any, shall be understood to include individuals, corporations, unincorporated associations, partnerships, and other legal entities unless explicitly stated otherwise, ensuring comprehensive applicability.

                                     

2. Corporate Information

2.1 Company Status: Aqua Pond Ltd is a registered limited company specialising in aquarium and pond maintenance.

2.2 Trading Name: The company operates under the trading name Aqua Pond Ltd.

2.3 Registration Details: Aqua Pond Ltd is incorporated in the United Kingdom with registration number 15076214.

2.4 Registered Office: The registered office of Aqua Pond Ltd is located on the 2nd Floor of College House, 17 King Edwards Road, Ruislip, London, United Kingdom, HA4 7AE.

2.5 Main Trading Address: Aqua Pond Ltd conducts its primary business activities from 10 Nine Lands, Hockliffe, Bedfordshire, LU7 9NN.

2.6 VAT Information: Currently, Aqua Pond Ltd is not VAT registered.

 

3. Communication and Contact Details

3.1 Customer Contact: Customers may contact Aqua Pond Ltd with inquiries or complaints via telephone at 01525 552150 or by email at info@aquapond.co.uk.

3.2 Written Communication: When required to communicate in writing as stipulated in this T&C Document, the Customer can:

          3.2.1 Email Aqua Pond Ltd at info@aquapond.co.uk.

          3.2.2 Send any written correspondence via pre-paid post to Aqua Pond Ltd, 2nd                   Floor College House, 17 King Edwards Road, Ruislip, London, United Kingdom,      HA4  7AE.

 

4. Orders

4.1 Order Acceptance: Aqua Pond Ltd accepts Orders for Pond Services via telephone or email.

4.2 Order Details: When placing an order, the Customer shall provide comprehensive details of the required Pond Services. This includes the location and size of the installation property, the size and type of the installed pond, the type of work needed, and any specifics regarding any fish, plants, or similar elements that require maintenance. Aqua Pond Ltd will provide the Customer with an order form that includes prompts for all necessary information. All such details shall be duly incorporated into the Service Agreement once the Customer accepts the Service Quotation.

4.3 Quotation Preparation: Upon receiving a completed Order, Aqua Pond Ltd shall prepare a detailed Service Quotation and send it to the Customer either by email or first-class post or by any other mutually agreed-up means of service. The Service Quotation will outline the required Deposit Amount (if applicable) and the total Quoted Fee, as specified in Clauses 5 and 6.

4.4 Order Non-Acceptance: If Aqua Pond Ltd determines that it cannot accept the Customer’s Order and cannot provide a Quotation, Aqua Pond Ltd will notify the Customer of that decision.

4.5 Amendments to Orders and Quotations: Before accepting the Service Quotation, the Customer may request changes to the Order or the Service Quotation. Aqua Pond Ltd, upon its sole discretion, may then revise the Quotation to reflect the requested amendments.

4.6 Acceptance of Quotation: The Customer may accept the Service Quotation, or any revised Quotation, by signing and dating a copy of such Quotation and returning it to Aqua Pond Ltd within ten (10) days of the date the Service Quotation or revised Quotation was issued.

4.7 Post-Acceptance Changes: If the Customer wishes to make changes to the Order after accepting the Service Quotation, they must contact Aqua Pond Ltd. Aqua Pond will inform the Customer if the changes can be accommodated and any resultant changes to any applicable fees or costs. A revised Service Quotation will be provided if the changes can be made, which the Customer may then accept.

4.8 Finalisation of Agreement: Upon receiving the required Deposit from the Customer and the accepted Quotation or revised Service Quotation, Aqua Pond will complete any required blanks in the Service Agreement, attach a copy of the Order and accepted Service Quotation, sign and date the Service Agreement, and send that bundle to the Customer. Upon the Customer’s signature of the Service Agreement, the Customer confirms that a legally binding written contract will be formed, obligating Aqua Pond to provide the Pond Services and the Customer to pay the agreed-upon Final Fee, including any non-payment or delay penalties or costs, if applicable.

 

                                                                                                                                                                       

 

5. Deposit

5.1 Deposit Amount: Once the Customer accepts the Quotation and requests the Pond Services to be initiated, such an acceptance shall constitute a legally binding obligation to start the Services preparation process. At the time of accepting the Quotation and within seven (7) calendar days thereafter, depending on the nature of the required Pond Services and any special products or equipment required in advance, Aqua Pond Ltd has the right to request the Customer to pay a Deposit Amount no less than 10% of of the total Services fee prior to the commencement of any work. In such an event, Aqua Pond Ltd shall not release the Service Agreement for the Customer’s signature until the Deposit Amount is paid in full.

5.2 The Non-Refundable Deposit Amount shall cover the initial Pond Services expenses, including but not limited to the Service planning, designs, allocation of resources, procurement, transportation and delivery of materials, products and equipment.

5.3 Subject to Clauses 6.3, 14.1 and 14.2 herein, if the Customer decides to cancel the requested Pond Services for any reason other than specified in Clause 6.3, either after the Deposit Amount date if the Services are requested to be delivered within the first two weeks, or after two weeks from the Deposit Amount date (the cooling-off period), the Deposit Amount shall become a Non-Refundable Deposit Amount and shall not be refunded and shall be retained by Aqua Pond as compensation for any expenses incurred up to the point of cancellation and to cover any net financial loss suffered due to such cancellation.

5.4 Once the Service starts, the remaining balance of the Pond Services fee and any associated costs will be invoiced to the Customer according to the agreed-upon payment schedule specified in the Service Agreement.

5.5 Cancellation Fee After Significant Progress: If the Customer cancels the requested Pond Services after two weeks from the Deposit Amount date and after significant materials or products have been purchased, delivered, and/or installed, a cancellation fee shall be applied to cover the costs, expenses, time and effort incurred by Aqua Pond Ltd.

5.6 The Customer must provide written notice of cancellation. Aqua Pond will acknowledge receipt of the cancellation notice and provide the final invoice for the cancellation fee. The Customer is required to pay the invoiced amount within three (3) calendar days of receipt of the final invoice after cancellation.

5.7 The Cancellation Fee After Significant Progress shall be 17.5% of the total requested Pond Services fee. This cancellation fee shall compensate Aqua Pond Ltd for any installed materials, products, labour, and other associated costs up to the point of cancellation.

6. Fees and Payment

6.1 Quoted Fee: The Quoted Fee provided by Aqua Pond Ltd to the Customer in the Service Quotation shall include the price payable for the Pond Services and for the products, materials, tools and equipment that Aqua Pond estimates are required to complete the Pond Services.

6.2 Use of Products and Fee Adjustments: Aqua Pond will, where reasonably possible, use only the products, materials, tools, equipment and quantities specified in the Service Quotation and Service Agreement. In the event that additional products or materials are required, Aqua Pond shall have the right to amend the Quoted Fee accordingly. Any such increases will be kept to a necessary minimum. Aqua Pond Ltd shall keep the Customer informed at all times and shall not proceed without obtaining the Customer’s written approval regarding any adjustment in the Quoted Fee.

6.3 Price Increases Before Start Date: If the price of products, materials or services that Aqua Pond Ltd needs to procure increases between the Customer’s acceptance of the Service Quotation and the Start Date, Aqua Pond Ltd will inform the Customer of the increase and any difference in the Quoted Fee. If the Customer does not wish to accept the increase, they may cancel the requested Services by giving written notice to Aqua Pond Ltd and receive a full refund of all sums paid, including the Non-Refundable Deposit Amount stated in Clause 5 herein.

6.4 VAT Inclusion: All the money paid for the Pond Services is inclusive of any VAT chargeable. If the VAT rate changes, Aqua Pond Ltd shall have the right to adjust the amount of VAT that the Customer shall then pay. Such an increase shall not fall under Clause 6.3 herein.

6.5 Invoicing: Aqua Pond Ltd shall invoice the Customer at any point during the Services installation or upon completion of the required Pond Services.

6.6 Payment Terms: The Customer must pay any invoice within three (3) calendar days of receipt. Should the Customer fail to make any payment by the due date as specified in this T&C Document or in this Service Agreement, Aqua Pond Ltd reserves the right to impose a Late Payment Penalty. This penalty shall be calculated at an interest rate of 1.5% per month (18% per annum) on the outstanding amount, accruing daily from the end of the grace period date stated in Clause 6.9 until the date of full payment.

6.7 The Customer shall be liable for all costs associated with the collection of any and all overdue payments, including but not limited to legal fees, court fees and costs, and collection agency fees.

6.8 The Customer confirms that Aqua Pond has the right to strictly enforce the collection of all unpaid payments. Persistent non-payment exceeding 60 days will result in the initiation of legal proceedings to recover the owed amounts, including any other applicable fees, interest, penalties and costs.

6.9 Aqua Pond will provide written notification to the Customer of any payment defaults. The Customer will have a grace period of seven (7) calendar days from the date of notification to rectify the default before any additional penalties or actions are enforced.

6.10 At Aqua Pond Ltd’s sole discretion, Aqua Pond reserves the right to suspend all work immediately if any payment is not made by the due date specified in the Service Agreement. Work shall be resumed only after all outstanding payments, including any applicable interest and penalties, are received in full.

6.11 Aqua Pond shall then retain full ownership and title of all products, materials,  tools and equipment installed or supplied to the Customer until any and all delayed invoices are fully paid by the Customer in addition to any applicable fees or penalties. Furthermore, in the event of non-payment, Aqua Pond Ltd reserves the right to reclaim any and all installed products, materials or equipment from the Customer’s Services location without further notice. This includes the removal of such products, materials or equipment from the Customer’s premises without any notice.

6.12 Should Aqua Pond exercise its right to reclaim the Products, the Customer shall be liable for all associated labour and transportation fees incurred during the reclamation process.

6.13 The retention of ownership shall not waive any other rights or remedies available to Aqua Pond Ltd under this T&C Document, the Service Agreement or applicable law, including the right to pursue additional legal action for unpaid amounts and invoices.

6.14 The Customer agrees to maintain the products, materials or equipment in good condition until full payment is made and shall not sell, transfer, or encumber the products, materials or equipment in any way that affects Aqua Pond Ltd’s ownership rights stated herein.

6.15 Accepted Payment Methods: Aqua Pond Ltd accepts the following methods of payment:

1. Cash; and/or
2. BACS (Bankers’ Automated Clearing Services)

 

 

6.16 Disputed Invoices: If the Customer promptly contacts Aqua Pond to dispute an invoice in good faith, Aqua Pond Ltd, at its sole discretion, will not charge interest while such a dispute is ongoing.

7. Pond Services

7.1 Service Provision: Aqua Pond will provide the Pond Services in accordance with the specifications set out in the accepted Service Quotation and the signed Service Agreement with the Customer, as may be amended in writing by mutual consent between Aqua Pond and the Customer from time to time.

7.2 Illustrative Materials: Aqua Pond may provide sketches, impressions, plans, or similar materials/documents prior to the commencement of the Pond Services. These materials are intended for illustrative purposes only and do not constitute an exact specification of the provided Services nor guarantee specific results.

7.3 Product Matching and Substitutions: Aqua Pond will use reasonable endeavors to ensure that the products used match those chosen by the Customer. Due to the nature of ponds and the installation location, slight variations in products may occur as a result of differences between photographs, catalogues, and the actual products. The Customer confirms that product packaging may vary, and minor technical differences may exist without affecting usability or quality. If alternative products are required due to non-availability, Aqua Pond will consult with the Customer before proceeding. If the Customer does not accept the alternative products, they may cancel the Agreement and receive a full refund of all sums paid, including the Non-Refundable Deposit.

7.4 Risk and Ownership of Products: Responsibility (risk) for the products remains with Aqua Pond until they are installed and delivered to the Customer. Ownership of the products will transfer to the Customer once full payment has been received by Aqua Pond.

7.5 Quality of Service: Aqua Pond will ensure that the Pond Services are performed with reasonable care and skill, adhering to a reasonable standard consistent with best trade practices.

7.6 Compliance with Codes of Practice: Aqua Pond shall comply with all relevant codes of practice in the provision of Pond Services.

7.7 Property Protection: Aqua Pond shall ensure that no parts of the Customer’s property (installation location) suffer damage as a result of the Pond Services. Aqua Pond will repair any damage caused at no additional cost to the Customer as soon as reasonably possible. Aqua Pond may instruct the Customer to take reasonable steps to protect the property while services are being performed and will not be liable for damage resulting from the Customer’s failure to follow such instructions.

7.8 Waste Disposal: Aqua Pond will properly dispose of all waste resulting from the provision of the Pond Services.

7.9 Minimising Disruption: For Services extending beyond one working day, Aqua Pond Ltd will, where reasonably possible, leave the property in a clean and tidy state and minimise any disruption to the Customer’s use and enjoyment of the property. Tools and materials will be stored only in areas where work is being carried out or removed from the property at the end of each working day, at Aqua Pond Ltd’s sole discretion.

8. Faulty Products

8.1 Reporting Defects: If any products supplied by Aqua Pond are found to be defective or incorrectly described, the Customer should notify Aqua Pond using the contact details provided in Clause 3 no more than one month from the completion date.

8.2 Initial 30-Day Rights: Within the first 30 calendar days after Service completion, the Customer is entitled to a full refund, a price reduction, or a repair or replacement of the defective products.

8.3 Six-Month Rights: For six months after Service completion, Aqua Pond will, at its sole discretion, repair or replace defective products. If this is impracticable or unsuccessful, the Customer may be entitled to a full refund or a price reduction. This right does not apply if the defect is due to the Customer’s misuse, deliberate or negligent actions by the Customer or failure to follow Aqua Pond’s instructions.

8.4 Post-Six-Month Rights: After six months, if a product develops a fault, the Customer must prove that the product was faulty at the time of delivery to be entitled to a repair, replacement, or partial refund, up to six years, depending on the product’s nature and expected lifespan.

9. Problems with Our Service

9.1 Quality Assurance: If the Pond Services are not provided with reasonable care and skill, the Customer may request Aqua Pond to repeat or fix the services or receive a price reduction if such requests are not possible.

9.2 Problem Reporting: Aqua Pond aims to provide trouble-free services. However, if there is a problem, the Customer should inform Aqua Pondas soon as reasonably possible. Aqua Pond will use reasonable efforts to resolve the issue promptly.

9.3 No Charge for Remedial Work: Aqua Pond will not charge for remedying problems caused by its own actions. If the issue is due to incorrect or incomplete information or actions by the Customer, Aqua Pond would have the full right to charge for remedial work.

9.4 Customer Legal Rights: The Customer has certain legal rights regarding the purchase of goods or services. For full details and guidance, it is recommended to contact the local Citizens Advice Bureau or Trading Standards Office.

9.5 Information Accuracy: If the Pond Services are not performed as described by the Service Agreement, the Customer may have the right to request repeat performance or a price reduction if repeat performance is not possible or timely.

9.7 Cost of Repeat Services: If repeat performance is required, Aqua Pond shall bear all associated costs. If a price reduction applies, it may be up to the full fee for the provided Services. Refunds will be issued promptly and via the original payment method unless otherwise requested by the Customer.

 

10. Customer Obligations

10.1 Required Permissions: The Customer must obtain all necessary consents, licences, or other permissions from third parties, such as landlords, planning authorities, local authorities, or similar entities, before Aqua Pond begins providing the Pond Services.

10.2 Preparation of Property: At Aqua Pond Ltd’s sole discretion, Aqua Pond may request the Customer to move or remove certain furniture, fixtures, fittings, or other items at the property before work begins. Unless specifically agreed otherwise, this shall be the Customer’s responsibility without any obligation on Aqua Pond Ltd whatsoever.

10.3 Access to Property: The Customer is responsible for providing Aqua Pond with timely access to the property and all necessary resources required to complete the required Services. This includes but is not limited to, physical access to the work/ installation site, electricity, hot and cold running water, and any other utilities or resources specified by Aqua Pond to complete the Pond Services.

10.4 Provision of Keys or Access: The Customer may either provide Aqua Pond with a set of keys to the property or be present at the agreed times to grant access. Aqua Pond guarantees that all keys will be reasonably kept securely and safely without any liability on Aqua Pond.

10.5 Failure to Provide Access: Failure to provide the necessary access and resources by the Customer may result in additional charges for any delays caused. Aqua Pond reserves the right to suspend any ongoing work until the required access and resources are made available. The Customer will be liable for any additional costs incurred due to such delays. Such additional costs will be invoiced to the Customer with the next due invoice.

10.6 Utility Access: It is the Customer’s responsibility to ensure that Aqua Pond has physical access to the work site and has access to electrical outlets and a supply of hot and cold running water in addition to any other resources specified by Aqua Pond.

 

 

11. Complaints and Feedback

11.1 Customer Feedback: Aqua Pond always welcomes feedback from customers and strives to ensure a positive customer experience. However, Aqua Pond encourages customers to share any complaints to improve services.

11.2 Complaint Handling Policy: All complaints are handled in accordance with Aqua Pond’s complaints handling policy and procedure, which is available on the company’s website.

11.3 How to Complain: If the Customer wishes to complain about any aspect of their dealings with Aqua Pond, they may contact the Company in one of the following ways:

11.3.1 In writing, addressed to Aqua Pond Ltd, 2nd Floor College House, 17 King Edwards Road, Ruislip, London, United Kingdom, HA4 7AE;

11.3.2 By email, addressed to info@aquapond.co.uk;

11.3.3 Using Aqua Pond Ltd’s complaints form, following the provided instructions;  or

11.3.4 By telephone at 01525 552150.

12. Changing the Start Date

12.1 Customer-Initiated Changes: If the Customer requests a change to the Start Date:

12.1.1 Aqua Pond shall, where reasonably possible, agree on a revised Start Date with the Customer;

12.1.2 If it is not possible to agree on a revised Start Date, either the Customer or Aqua Pond may terminate the Agreement (see Clause 15).

12.2 Company-Initiated Changes: If Aqua Pond requests a change to the Start Date, the Customer may either:

12.2.1 Agree on a revised Start Date with Aqua Pond Ltd, or

12.2.2 Terminate the Agreement (see Clause 15).

 

 

13. Cancellation of Contract During the Cooling Off Period

13.1 Statutory Cooling Off Period: If the Agreement between Aqua Pond and the Customer is not made on Aqua Pond’s premises, the Customer has a statutory right to a “cooling off” period. This period begins for any Products or Services supplied at the end of 14 calendar days after the date on which the Service Quotation was accepted by the Customer and paid the Deposit Amount ((see Clause 5).

13.2 Cancellation During Cooling Off Period: If the Customer wishes to cancel the Agreement within the cooling off period, without any request to provide the Services during the Cooling Off Period, they should inform Aqua Pond immediately by a clear statement (e.g., a letter sent by post or email to the postal address or email address specified in these Terms and Conditions). The Customer may use the Model Cancellation Form but is not required to do so.

13.3 Meeting the Cancellation Deadline: To meet the cancellation deadline, it is sufficient for the Customer to send their communication concerning the exercise of the right to cancel before the cancellation period has expired.

13.4 Refunds: Subject to Clause 5.3, if the Customer exercises the right to cancel, they will receive a full refund of any amount paid to Aqua Pond in respect of the contract, including the Deposit Amount, if applicable.

13.5 Refund Method: Aqua Pond will refund money using the same method used to make the payment unless the Customer has expressly agreed otherwise. In any case, the Customer will not incur any fees as a result of the refund.

13.6 Refund Processing Time: Aqua Pond will process the refund due to the Customer without undue delay and, in any case, within 14 calendar days after the day Aqua Pond is formally informed of the cancellation.

13.7 Product Returns: Under any circumstances, if the Customer exercises the right to cancel in relation to any Products received, the Customer must return the Products to Aqua Pond within fourteen (14) calendar days of notifying Aqua Pond of their wish to cancel. Aqua Pond reserves the right to deduct from any refund an amount reflecting the loss in value of the Products if such loss is the result of unnecessary handling by the Customer. Please note that products that have become inseparably mixed with other items or perishable are not eligible for return.

13.8 Start Date Within Cooling Off Period: If the Start Date falls within the cooling off period, the Customer must make an express request for the provision of the Pond Services to begin within the 14-calendar day cooling off period. By making such a request, the Customer acknowledges and agrees to the following:

13.8.1 If the Services are completed within the 14-calendar day cooling off period, the Customer will lose the right of Cooling Off cancellation once the Services are completed;

13.8.2 If the Customer cancels the Agreement after the provision of the Pond Services has begun, they will be required to pay for the Pond Services and any Products cost that cannot be returned to Aqua Pond, supplied up until the point of cancellation;

13.8.3 The amount due will be calculated in proportion to the total price of the Pond Services and the actual Pond Services already completed. Any sums already paid for the Pond Services will be refunded subject to deductions calculated on this basis and any other deductions, if applicable;

13.8.4 Aqua Pond will process any refund no later than 14 calendar days after being informed of the wish to cancel.

13.9 Termination After Cooling Off Period: Clause 14 applies to termination of the Agreement after the 14-calendar day cooling off period has elapsed.

14. Cancellation Outside of the Cooling Off Period

14.1 Customer-Initiated Termination: In addition to the rights in Clause 13, the Customer may terminate the Agreement at any time before the Start Date:

14.1.1 If the Customer cancels the requested Services after the 14-calendar day cooling off period has expired (or where it does not apply) and more than seven calendar days before the Start Date, Aqua Pond shall refund the Deposit Amount, if applicable, and any other sums paid as soon as reasonably possible, and no later than 14 calendar days after cancellation.

14.1.2 If the Customer cancels the requested Services after the 14-calendar day cooling off period has expired (or where it does not apply) and less than 7 calendar days before the Start Date, Aqua Pond will retain from the Deposit Amount, if applicable, to cover any incurred expenses and any net financial loss suffered due to the cancellation. Aqua Pond shall refund any other balance as soon as reasonably possible and no later than 14 calendar days after cancellation. If the incurred expenses and the net financial loss exceed the amount of the Deposit (and/or if no Deposit has been paid), Aqua Pond will invoice the Customer for the shortfall, and payment will be required in accordance with the terms stated in this T&C Document.

14.2 Company-Initiated Termination: Aqua Pond has the right to terminate the Agreement before the Start Date due to the unavailability of required personnel or materials or due to any other event outside of Aqua Pond’s reasonable control. If such cancellation is necessary, Aqua Pond will inform the Customer as soon as reasonably possible and shall refund the Deposit Amount, if applicable, and any other sums paid as soon as reasonably possible and no later than 14 calendar days after termination.

 

15. Termination

15.1 Customer-Initiated Termination: The Customer may terminate the Agreement with immediate effect at any time by giving Aqua Pond written notice if:

15.1.1 Aqua Pond has breached the Agreement in any material way and has failed to remedy that breach within seven (7) working days of the Customer requesting in writing to do so;

15.1.2 Aqua Pond enters into liquidation or has an administrator or receiver appointed over its assets;

15.1.3 The Customer and Aqua Pond have been unable to agree on a revised Start Date, or the Customer elects to terminate the Agreement under Clause 12;

15.1.4 Aqua Pond is unable to provide the Pond Services due to an event outside of its control (see Clause 17).

15.2 Company-Initiated Termination: Aqua Pond Ltd may terminate the Agreement with immediate effect by giving the Customer written notice if:

15.2.1 The Customer fails to make a payment on time as required under Clause 6 (this does not affect Aqua Pond Ltd’s right to charge interest on overdue sums under sub-Clause 6.8);

15.2.2 The Customer has breached the Agreement in any material way and has failed to remedy that breach within seven (7) working days of Aqua Pond Ltd requesting in writing to do so;

15.2.3 The Customer and Aqua Pond Ltd have been unable to agree on a revised Start Date under Clause 12;

15.2.4 The Customer does not provide Aqua Pond Ltd with access to the property and Aqua Pond Ltd has been unable to contact the Customer to re-arrange the Pond Services under sub-Clause 10.5;

15.2.5 Aqua Pond Ltd has been unable to provide the Pond Services for more than six (6) weeks due to an event outside of its control (see Clause 17, Force Majeure).

15.3 Material Breach Definition: For the purposes of this Clause 15, a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating Party. In deciding whether a breach is material, no regard will be given to whether it was caused by any accident, mishap, mistake, or misunderstanding.

 

16. Effects of Termination

16.1 Post-Termination Clauses: If the Agreement is terminated for any reason:

16.1.1 Any clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect, ensuring ongoing obligations and rights are honoured.

16.1.2 Termination will not remove or reduce any right to damages or other remedies which Aqua Pond may be entitled to in respect of any breach of the Agreement existing at or before the date of termination.

17. Events Outside of Our Control (Force Majeure)

17.1 Force Majeure Definition: Aqua Pond will not be liable for any failure or delay in performing its obligations under these Terms and Conditions where the failure or delay results from any cause beyond its reasonable control (“Force Majeure”). Such Force Majeure causes shall include but are not limited to power failure, internet service provider failure, strikes, lock-outs, or other industrial action by third parties, riots, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic, or other natural disaster, or any other similar or dissimilar event beyond Aqua Pond’s reasonable control.

17.2 Response to Force Majeure: If any Force Majeure event described under this Clause 17 occurs that is likely to adversely affect Aqua Pond’s performance of any of its obligations under these Terms and Conditions:

17.2.1 Aqua Pond shall inform the Customer as soon as is reasonably possible;

17.2.2 Aqua Pond’s obligations under the Agreement will be suspended without any liability whatsoever on Aqua Pond, and any time limits that Aqua Pond is bound by will be extended or deferred accordingly;

17.2.3 Aqua Pond will inform the Customer when the event outside of its control is over and provide details of any new dates, times, or availability of Pond Services as necessary;

17.2.4 The Customer or Aqua Pond Ltd may terminate the Agreement for the reason of a Force Majeure event without any liability on Aqua Pond.

18. Liability

18.1 Foreseeable Loss or Damage: Aqua Pond shall be reasonably responsible for any foreseeable loss or damage that the Customer may suffer as a result of Aqua Pond’s breach of these Terms and Conditions or as a result of any negligence that may occur. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by the Customer and Aqua Pond when the Agreement is entered into. Aqua Pond will not be responsible for any loss or damage that is not foreseeable.

18.2 Insurance: Aqua Pond shall maintain suitable and valid insurance, including public liability insurance, to cover any potential liabilities arising from the provision of Pond Services.

18.3 Domestic and Private Use: Aqua Pond provides Pond Services for domestic and private purposes only. Aqua Pond makes no warranty or representation that the Services are fit for commercial, business, or industrial purposes of any kind. Aqua Pond will not be liable to the Customer for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

18.4 Damage to Property: If Aqua Pond causes any damage to the property or anything in it, Aqua Pond shall make good that damage at no additional cost to the Customer.

18.5 Aqua Pond is not responsible for any pre-existing faults or damage in or to the Customer’s property that Aqua Pond may discover while providing the Pond Services.

18.6 Liability Cap: Under any circumstances, Aqua Pond’s total liability for any loss or damage caused as a result of its negligence or breach of these Terms and Conditions or the Agreement is limited to £200.

18.7 Customer Responsibility: Aqua Pond is not liable for any loss or damage the Customer suffers which results from the Customer’s failure to follow any reasonable instructions given by Aqua Pond regarding the Pond Services.

18.8 Non-Excludable Liability: Nothing in these Terms and Conditions is intended to or will limit or exclude Aqua Pond’s liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation.

18.9 Consumer Rights: Nothing in these Terms and Conditions is intended to or will limit the Customer’s legal rights as a Consumer under any consumer protection legislation. For more details on the Customer’s legal rights, please refer to the local Citizens Advice Bureau or Trading Standards Office.

19. How Aqua Pond Ltd Uses Personal Data (Data Protection)

Aqua Pond will only use the Customer’s personal data collected as set out in Aqua Pond’s privacy notice, which is available on the Company’s website. This notice outlines how Aqua Pond collects, processes, and protects personal data, ensuring compliance with relevant data protection laws and safeguarding the Customer’s privacy.

20. Other Important Terms

20.1 Changes to Terms and Conditions: Aqua Pond may, from time to time, change these Terms and Conditions without giving the Customer prior notice. However, Aqua Pond will use reasonable endeavours to inform its Customers through a published notice on the Company’s website as soon as possible of any such changes to ensure transparency and continued clarity in its business relationships.

20.2 Assignment by Aqua Pond Ltd: Aqua Pond may transfer (assign) its obligations and rights under the Agreement to a third party, such as if Aqua Pond sells its business or subcontracts any of the obligations stated herein. If this occurs, Aqua Pond will inform the Customer in writing. The Customer’s rights under the Service Agreement will not be affected, and Aqua Pond’s obligations under any signed Service Agreement will be transferred to the third party (assignee), who will remain bound by all the terms stated in this T&C Document and all the signed Service Agreement.

20.3 Assignment by the Customer: The Customer shall not transfer (assign) their obligations and rights under the Agreement without Aqua Pond’s express written consent. Such written consent shall not be unreasonably withheld, ensuring that the Customer’s interests are adequately considered.

20.4 Third Party Rights: The Agreement is between Aqua Pond and the Customer. It is not intended to benefit any other person or third party in any way, and no such person or party will be entitled to enforce any provision of the Agreement under any circumstances.

20.5 Severability: If any provision of the Service Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Service Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.

20.6 No Waiver: No failure or delay by Aqua Pond in exercising any rights under the Service Agreement or the T&C Document means that Aqua Pond has waived that right. Additionally, no waiver by Aqua Pond of a breach of any provision of the Service Agreement or the T&C Document means that Aqua Pond will waive any subsequent breach of the same or any other provision.

 

21. Regulations and Information

21.1 Consumer Information Requirement: Aqua Pond is required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to ensure that certain information is provided or made available to the Customer as a consumer before forming a contract (i.e., before the Customer has accepted the Service Quotation and the Service Agreement has been signed). This information shall be provided either within the Service Agreement or the Service Quotation for the Customer to review, or it will be made available to the Customer before accepting the Service Quotation and signing the Agreement. Service All required information, as stipulated by the Regulations, will form part of the terms of Aqua Pond’s contract with the Customer as a consumer.

 

 

 

21.2 Inclusion in Contract Terms: As required by the Regulations:

21.2.1 All the information described in sub-Clause 21.1;

21.2.2 Any other information provided by Aqua Pond about the Pond Services, Aqua Pond Ltd, or its business, which the Customer considers when deciding to accept the Service Quotation and sign the Service Agreement or when making any other decision about the Pond Services, will be part of the terms of Aqua Pond’s Service Agreement with the Customer as a consumer.

22. Law and Jurisdiction

22.1 Governing Law: These Terms and Conditions, the Service Agreement, and the relationship between Aqua Pond and the Customer (whether contractual or otherwise) shall be governed by and construed in accordance with the law of [England & Wales] [Northern Ireland] [Scotland], depending on the Customer’s place of residence ( the installation site).

22.2 Consumer Rights: As a consumer, the Customer shall benefit from any mandatory provisions of the law in their country of residence. Nothing in Sub-Clause 22.1 above reduces the Customer’s rights to rely on those mandatory provisions.

22.3 Jurisdiction: Any dispute, controversy, proceedings, or claim between Aqua Pond Ltd and the Customer relating to these Terms and Conditions, the Service Agreement, or the relationship between Aqua Pond Ltd and the Customer (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by the Customer’s residency ( the installation site).

23. Intellectual Property Rights

23.1 Ownership: All intellectual property rights, including but not limited to copyrights, trademarks, trade names, design rights, patents, and any other proprietary rights, in and to any materials, content, or products provided or created by Aqua Pond in the course of delivering the Pond Services, shall remain the exclusive property of Aqua Pond Ltd.

23.2 License Grant: Upon full payment of the agreed fees, Aqua Pond grants the Customer a non-exclusive, non-transferable, and revocable license to use any materials, content, or products provided or created by Aqua Pond solely for personal use in connection with the Pond Services.

23.3 Restrictions: The Customer shall not, without the prior written consent of Aqua Pond Ltd:

23.3.1 Copy, reproduce, modify, distribute, or create derivative works of any materials, content, or products provided by Aqua Pond;

23.3.2 Use any intellectual property of the Pond Services for commercial purposes;

23.3.3 Remove, alter, or obscure any copyright, trademark, or other proprietary notices on any materials, content, or products provided by Aqua Pond in the Pond Services.

23.4 Customer’s Intellectual Property: Any intellectual property rights owned by the Customer and provided to Aqua Pond for the purpose of delivering the Pond Services shall remain the property of the Customer. The Customer grants Aqua Pond a non-exclusive, royalty-free license to use such intellectual property solely for the purpose of delivering the Pond Services.

23.5 Third-Party Rights: Aqua Pond warrants that, to the best of its knowledge, any materials, content, or products provided or created by Aqua Pond during the Pond Services installation process do not infringe upon any third-party intellectual property rights. In the event of any claim of infringement, Aqua Pond Ltd shall do its best to endeavour to defend the Customer against such claims.

23.6 Indemnity: The Customer agrees to indemnify and hold harmless Aqua Pond Ltd from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to the Customer’s breach of this IPR section or any infringement of Aqua Pond’s intellectual property rights.

23.7 Termination of License: Upon termination of the Service Agreement for any reason, the license granted to the Customer under Clause 23.2 shall immediately terminate, and the Customer shall cease all use of any materials, content, or products provided by Aqua Pond Ltd.

23.8 Survival: The provisions of this IPR section shall survive the termination or expiry of the Service Agreement.