Common use of The Service Clause in Contracts

The Service. 3.1 If You are a tenant or You do not own Your Property, You will need the owners or landlord’s permission before You can authorise the Service. We require evidence from You that such permission has been obtained. 3.2 Where We carry out unauthorised works at the Property where You have failed to obtain consent or permission or where You have given false or inaccurate information. You will compensate Us for any losses suffered as a result of Your failure to obtain the relevant consents or the Property owner’s permission. 3.3 If the Service is suspended due to a lack of relevant consents or permissions, other than because of Our negligence or breach of this Agreement, for the Service You will be responsible for the works undertaken and the materials supplied as part of the Service as at the date of suspension. 3.4 Unless otherwise stated in writing, We will be entitled to carry out the Service in stages. Unless otherwise stated in writing, the Service will be carried out: (a) during normal working hours (08:00 to 20:00 Monday to Sunday); (b) where in Our opinion a condition exists which would prevent Us carrying out the Service in a safe and/or efficient manner, We may ask You to remedy the condition(s) at Your own cost before We proceed. We will not be responsible for any losses caused by any resulting delay. If You do not remedy the condition(s) within a reasonable period, to Our satisfaction, this will be considered as a denial of access by You as set out in clause 7.2.2(e); (c) with opportunity for continuous work during the times set out above. If You deny Us this opportunity at any time, You must pay any additional costs incurred by Us. 3.5 We will make every reasonable effort to complete the work on time, however We (or Our sub- contractors or agents) cannot be held responsible for delays that occur due to Your actions or due to an Event Outside Our Control. In cases of extreme or adverse weather conditions, We may be forced to cancel appointments at late notice. We will not be liable for any loss that results from this; in such circumstances We will agree an alternative date to carry out the Service and We will not incur any liability for such delay. 3.6 Any times or dates given by Us for the carrying out of the Service are given in good faith but are approximate only and will not be of the essence. 3.7 We will not be responsible for delay due to lack of instructions by You or by Your agent. If any such delays involve expense to Us You will pay that expense. 3.8 You will provide adequate facilities for economical execution of the Agreement. These will include access to the Property. 3.9 The Quotation, the Service and/or this Agreement excludes: (a) any repair work or associated activities; (b) all structural reinforcement required to support and accommodate the proposed Service; Except where these are included in the Quotation; (c) upgrading Your system to comply with the latest industry standards; (d) system flushes to remove sludge, lime scale and other debris from Your system; (e) commercial boilers and domestic boilers over 40KW. 3.10 Dependent on the make and model of the Boiler, some or all of the following actions will be completed during the service (“the Service”), We will: (a) check Our database for any updates to technical information for Your Boiler; (b) visually inspect the full flue/chimney for the Boiler; (c) inspect any ventilation for the Boiler; (d) check the electric supply to the Boiler; (e) remove the outer casing; (f) check the operating pressure of the gas / gas consumption is correct; (g) check the flame picture and stability; (h) check that the water pressure in the system is correct; (i) check that emissions from the flue are at a safe level; (j) clean the appliance as required; (k) check all seals and grommets; (l) check for any signs of water leaks; (m) fully test the operation of any safety devices; (n) function test Your central heating system; (o) function test Your hot water; (p) check and clean any system filters; (q) reset any timers or controls to the way You want them; and (r) record any minor defects and discuss them with You, recommend remedies and provide costs. 3.11 If during the progress of the Service any hazardous materials (including asbestos) are encountered which could not have been reasonably identified by Us over the phone, We will let You know. We will withdraw Our staff immediately from the Property until the Property and/or Boiler is made safe. Removal of the hazardous material is Your responsibility. Where You request removal of the hazardous materials to be undertaken by Us or Our approved contractor costs will be charged to You in addition to the Agreed Contract Price. If You have had the hazardous materials removed independently, You must, in the case of asbestos, provide Us with a clean air certificate before We continue with the Service. In the event that the hazardous material is not removed Our rights of cancellation in clause 7 apply. 3.12 This Agreement covers the Service on a single Boiler at one Property.

The Service. 3.1 The Invoice Payment Dashboard Service (“Service”) is a separate service used in conjunction with your Revenue Share Agreement. You may from time to time use the Service by directing us to pay in whole or in part the unused and available proceeds of the Advance to eligible counterparties (including amount, account numbers etc.) you designate on the Invoice Payment Dashboard (such directions, “Withdrawal Orders”). Subject to the terms herein, you may make Withdrawal Orders up to an amount equal to the Advance remaining and available in the Designated Account less any Service Fees. For each Withdrawal Order we process, you will pay us the fee indicated in Section 2 (“Service Fee”). Each Service Fee will be paid from the amount of your Advance remaining and available in the Designated Account by us debiting the Designated Account, or, at our discretion, by debiting your Bank Account. If the balance of your unused and available Advance is less than the amount of a Withdrawal Order plus the related Service Fee, you may not use the Service to facilitate payment of the Withdrawal Order. You are a tenant hereby acknowledge that any Authorization Agreement will apply to this Agreement with like effect. You assume sole responsibility for any Withdrawal Order and such orders may be relied upon by us, whether or not any error could be detected by us. You do not own Your Property, You will need have the owners right to cancel or landlord’s permission before You can authorise the Service. We require evidence from You that such permission has been obtained. 3.2 Where We carry out unauthorised works at the Property where You have failed amend any Withdrawal Order once given to obtain consent or permission or where You have given false or inaccurate informationus. You will compensate Us for acknowledge and agree that we are facilitating the payment as your agent and may, in our sole discretion, reject any losses suffered as a result of Your failure to obtain Withdrawal Order, including those which do not comply with the relevant consents or the Property owner’s permission. 3.3 If the Service is suspended due to a lack of relevant consents or permissions, other than because of Our negligence or breach requirements of this Agreement, for the Service our internal policies, or applicable laws and regulations. You will be are solely responsible for the works undertaken timely payments to your payees and the materials supplied as part of the Service as at the date of suspension. 3.4 Unless otherwise stated in writing, We will be entitled to carry out the Service in stages. Unless otherwise stated in writing, the Service will be carried out: (a) during normal working hours (08:00 to 20:00 Monday to Sunday); (b) where in Our opinion a condition exists which would prevent Us carrying out the Service in a safe and/or efficient manner, We may ask You to remedy the condition(s) at Your own cost before We proceed. We will not be responsible we have no liability for any losses caused by any resulting delay. If You do not remedy the condition(s) within a reasonable period, to Our satisfaction, this will be considered as a denial of access by You as set out in clause 7.2.2(e); (c) with opportunity for continuous work during the times set out above. If You deny Us this opportunity at any time, You must pay any additional costs incurred by Uslate payment. 3.5 We will make every reasonable effort to complete the work on time, however We (or Our sub- contractors or agents) cannot be held responsible for delays that occur due to Your actions or due to an Event Outside Our Control. In cases of extreme or adverse weather conditions, We may be forced to cancel appointments at late notice. We will not be liable for any loss that results from this; in such circumstances We will agree an alternative date to carry out the Service and We will not incur any liability for such delay. 3.6 Any times or dates given by Us for the carrying out of the Service are given in good faith but are approximate only and will not be of the essence. 3.7 We will not be responsible for delay due to lack of instructions by You or by Your agent. If any such delays involve expense to Us You will pay that expense. 3.8 You will provide adequate facilities for economical execution of the Agreement. These will include access to the Property. 3.9 The Quotation, the Service and/or this Agreement excludes: (a) any repair work or associated activities; (b) all structural reinforcement required to support and accommodate the proposed Service; Except where these are included in the Quotation; (c) upgrading Your system to comply with the latest industry standards; (d) system flushes to remove sludge, lime scale and other debris from Your system; (e) commercial boilers and domestic boilers over 40KW. 3.10 Dependent on the make and model of the Boiler, some or all of the following actions will be completed during the service (“the Service”), We will: (a) check Our database for any updates to technical information for Your Boiler; (b) visually inspect the full flue/chimney for the Boiler; (c) inspect any ventilation for the Boiler; (d) check the electric supply to the Boiler; (e) remove the outer casing; (f) check the operating pressure of the gas / gas consumption is correct; (g) check the flame picture and stability; (h) check that the water pressure in the system is correct; (i) check that emissions from the flue are at a safe level; (j) clean the appliance as required; (k) check all seals and grommets; (l) check for any signs of water leaks; (m) fully test the operation of any safety devices; (n) function test Your central heating system; (o) function test Your hot water; (p) check and clean any system filters; (q) reset any timers or controls to the way You want them; and (r) record any minor defects and discuss them with You, recommend remedies and provide costs. 3.11 If during the progress of the Service any hazardous materials (including asbestos) are encountered which could not have been reasonably identified by Us over the phone, We will let You know. We will withdraw Our staff immediately from the Property until the Property and/or Boiler is made safe. Removal of the hazardous material is Your responsibility. Where You request removal of the hazardous materials to be undertaken by Us or Our approved contractor costs will be charged to You in addition to the Agreed Contract Price. If You have had the hazardous materials removed independently, You must, in the case of asbestos, provide Us with a clean air certificate before We continue with the Service. In the event that the hazardous material is not removed Our rights of cancellation in clause 7 apply. 3.12 This Agreement covers the Service on a single Boiler at one Property.

The Service. 3.1 If You are a tenant or You do not own Your Property, You will need the owners or landlord’s permission before You can authorise the Service. We require evidence from You that such permission has been obtained. 3.2 . Where We carry out unauthorised works at the Property where You have failed to obtain consent or permission or where You have given false or inaccurate information. You will compensate Us for any losses suffered as a result because of Your failure to obtain the relevant consents or the Property owner’s permission. 3.3 . If the Service is suspended due to a lack of relevant consents or permissions, other than because of Our negligence or breach of this Agreement, for the Service You will be responsible for the works undertaken and the materials supplied as part of the Service as at the date of suspension. 3.4 . Unless otherwise stated in writing, We will be entitled to carry out the Service in stages. Unless otherwise stated in writing, the Service will be carried out: (a) : during normal working hours (08:00 to 20:00 17:00 Monday to SundayFriday); (b) . where in Our opinion a condition exists which would prevent Us carrying out the Service in a safe and/or efficient manner, We may ask You to remedy the condition(s) at Your own cost before We proceed. We will not be responsible for any losses caused by any resulting delay. If You do not remedy the condition(s) within a reasonable period, to Our satisfaction, this will be considered as a denial of access by You as set out in clause 7.2.2(e); (c) ; with opportunity for continuous work during the times set out above. If You deny Us this opportunity at any time, You must pay any additional costs incurred by Us. 3.5 . We will make every reasonable effort to complete the work on time, however We (or Our sub- contractors or agents) cannot be held responsible for delays that occur due to Your actions or due to an Event Outside Our Control. In cases of extreme or adverse weather conditions, We may be forced to cancel appointments at late notice. We will not be liable for any loss that results from this; in such circumstances We will agree an alternative date to carry out the Service and We will not incur any liability for such delay. 3.6 . Any times or dates given by Us for the carrying out of the Service are given in good faith but are approximate only and will not be of the essence. 3.7 . We will not be responsible for delay due to lack of instructions by You or by Your agent. If any such delays involve expense to Us You will pay that expense. 3.8 . You will provide adequate facilities for economical execution of the Agreement. These will include access to the Property. 3.9 . You will ensure the Boiler is in a working and serviceable condition, The Quotation, the Service and/or this Agreement excludes: (a) : any repair work or associated activities; (b) ; all structural reinforcement required to support and accommodate the proposed Service; Except where these are included in the Quotation; (c) ; upgrading Your system to comply with the latest industry standards; (d) ; system flushes to remove sludge, lime scale and other debris from Your system; (e) ; commercial boilers and domestic boilers over 40KW. 3.10 . Dependent on the make and model of the Boiler, some or all of the following actions will be completed during the service (“the Service”), We will: (a) : check Our database for any updates to technical information for Your Boiler; (b) ; visually inspect the full flue/chimney for the Boiler; (c) ; inspect any ventilation for the Boiler; (d) ; check the electric supply to the Boiler; (e) ; remove the outer casing; (f) ; check the operating pressure of the gas / gas consumption is correct; (g) ; check the flame picture and stability; (h) ; check that the water pressure in the system is correct; (i) ; check that emissions from the flue are at a safe level; (j) ; clean the appliance as required; (k) ; check all seals and grommets; (l) ; check for any signs of water leaks; (m) ; fully test the operation of any safety devices; (n) ; function test Your central heating system; (o) ; function test Your hot water; (p) ; check and clean any system filters; (q) ; reset any timers or controls to the way You want them; and (r) and record any minor defects and discuss them with You, recommend remedies and provide costs. 3.11 . Exclusions: Replacement of decorative parts, external knobs/levers/switches, and/or casings. Any domestic water supply from the hot water cylinder or appliances including taps and showers. Any cold-water storage cistern, mains water supply, cold water supply pipework Inherent defects or inadequacy to the original design and installation of the system/appliance(s) not apparent at the initial subject to survey visit, or from visual inspection, and consequential damage or loss arising from defects (not applicable if We installed the entire heating system). Pipework, wiring or flues buried in the fabric of the building including underfloor heating. Any defects or damage caused through malicious or willful action, negligence, or third-party interference. Any defects or damage caused by fire, lightning, explosion, flood, storm, frost, impact or other extraneous cause. Any defect or damage occurring from a failure of the public electricity, gas or water supplies. Any work arising from hard water scale deposit, system contamination or damage from aggressive water. Removing asbestos associated with servicing or repairing appliance or system. Any unvented cylinder or associated unvented system components. Replacement or repair of thermocouples, thermal stores, immersion heaters or the repair of fan convectors. Replacement of towel rails, Low Surface Temperature and designer radiators, including any associated valves. Issues relating to the central heating system, Replenishment of chemical treatments. Complete appliance replacement for any reason. Replacement of gas supply pipework. Any increased cost of utilities, loss of water services, loss of earnings, any retrospective cost for items not relating to the repair of the heating components. The cost of any improvements to the heating or hot water systems. Removing sludge from system. Replacing/repairing any steel or iron pipes. Making access to the appliance/system that is not deemed reasonable. The replacement of any internet-based controls. If during the progress of the Service any hazardous materials (including asbestos) are encountered which could not have been reasonably identified by Us over the phone, We will let You know. We will withdraw Our staff immediately from the Property until the Property and/or Boiler is made safe. Removal of the hazardous material is Your responsibility. Where You request removal of the hazardous materials to be undertaken by Us or Our approved contractor costs will be charged to You in addition to the Agreed Contract Price. If You have had the hazardous materials removed independently, You must, in the case of asbestos, provide Us with a clean air certificate before We continue with the Service. In the event that If the hazardous material is not removed Our rights of cancellation in clause 7 apply. 3.12 . This Agreement covers the Service on a single Boiler at one Property. PAYMENT If You are a new customer to US You will pay to Us the Agreed Contract Price in full as stated in the Quotation over the telephone prior to the commencement of the Service. Payment shall be by bank transfer, credit or debit card only unless otherwise agreed by Us. Existing Customers will be issued an invoice following the Service which needs to be paid within seven days. You must pay VAT and any other taxes or duties at the applicable rate On the Agreed Contract Price. If You do not pay the Agreed Contract Price in full within the time mentioned above, and You still have not paid it within 14 days of Us reminding You, We shall have the right to cancel the Service until the payment has been made, in which case We will not be responsible for any delay. Alternatively, at Our option, We may treat this Agreement as having been cancelled by You. See clause 7.2, which explains what will happen if We do this.