Country Hounds Terms and Conditions
Please note these Terms and Conditions may be subject to change without notice.
By a) enrolling a dog with or b) permitting a dog to attend or c) accepting the Services of Country Hounds and its staff, the Customer is deemed to have accepted these Terms and Conditions.
TERMS & CONDITIONS (“the contract”)
PART A – Walking
If you also use our Wrexham Daycare facilities please ensure you read part A of the Daycare terms and conditions.
- Country Hounds may act in the Customer’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 Customer’s dog.
- The Customer may cancel at any time; there is no minimum term of the contract.
- Country Hounds does not operate for a 2-week period over Christmas or on Bank Holidays (unless otherwise agreed by prior arrangement). Country Hounds will provide notice of other holidays/ absence throughout the year when we are not able to walk.
- Full payment for services (agreed either at the time of booking or subsequently) is to be made within 3 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 via the portal. Bank transfer is also accepted.
- If services are not paid, we reserve the right to cease the contract and stop the services with immediate effect.
- The Customer 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). Country Hounds may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by Country Hounds to the Customer.
- On termination of the Contract for any reason the Customer shall immediately pay to Country Hounds all of Country Hounds’ outstanding unpaid invoices and interest and, in respect of services supplied but for which no invoice has been submitted, Country Hounds shall submit an invoice, which shall be payable by the Customer immediately on receipt.
- It is expressly understood that the Customer retains the services of the Walker as an Independent Contractor and not as an employee.
- The Walker undertakes to notify the Customer of any occurrence pertaining to the dog which may be relevant to the care and well-being of the dog.
- The Customer will provide waste disposal bags and treats if required. The Walker will duly remove the dog’s faeces from all public places.
- The Walker reserves the right to walk other compatible dogs at the same time but undertakes to limit the number of dogs walked with one person to 3.
- The Customer gives permission to walk their dog/s off the lead. If this is not acceptable then we must be notified of this via firstname.lastname@example.org before commencing any walks.
- The Customer will provide suitable harnesses, collars and leads as approved by the Walker as well as coats or muzzles if required, the walker will not be responsible should any equipment provided be damaged during use.
- Cancellation by the Customer of scheduled walks with less than 24 hrs notice WILL be charged for at the full rate.
- Where the Walker as sole proprietor needs to cancel a scheduled walk due to unforeseen circumstances, he/she may appoint a substitute Walker with the approval of the Customer.
- The Customer’s dog may be transported in a vehicle. The Customer agrees that Country Hounds cannot be held liable for death or injury to their dog in the event of a motor vehicle accident.
- Country Hounds may hold in possession the keys to the Customer’s home and the Customer is responsible under clause C.7 for making arrangements with its own insurers with this regard.
- The Customer 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.
- Should the Customer’s dog be deemed to be unsuitable by Country Hounds, Country Hounds reserves the right to cancel the booking indefinitely, with immediate effect.
- The Customer agrees to ensure that their dog/s will be kept up to date on all vaccinations, de-worming and de-fleaing.
- The Customer gives consent for their dog’s image to be used in photo or video format on Country Hounds promotional material and social media or in any format that Country Hounds considers appropriate.
- The Customer 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.
- Nothing in the Contract shall limit or exclude Country Hounds liability for:
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 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.
- Country Hounds shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
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.
- Country Hounds total liability to the Customer, 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, whichever is lower.
- The terms implied of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
- This clause C shall survive termination of the Contract.
- The Customer agrees that he/ she is able to insure the Customer’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 Customer is advised to notify his/her insurers of the arrangement in order to be covered under the pertinent insurance policies. The Customer understands that Country Hounds is only able to offer its competitive fees on the basis of its Customers insuring its pets appropriately.
- 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.
- Entire Agreement This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
b. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
- Variation No variation of the Contract shall be effective unless it is in writing and notified or accepted by Country Hounds (or its appointed director(s)).
- Waiver A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:
waive that or any other right or remedy; or
b. prevent or restrict the further exercise of that or any other right or remedy.
- Severance If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
- Notices Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or email to the correct addressed email address if sent delivered-read (so email delivery and receipt can be acknowledged).
b. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the Customer’s address provided by him/her; if sent by pre-paid first-class post or other next working day delivery service to the same address, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or email one business day after transmission
c. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- Third parties No one other than a party to the Contract shall have any right to enforce any of its terms.
- Governing law The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
- Jurisdiction Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
- Limitation of Liability We accept no responsibility or liability for the views or opinions expressed by authors or people who comment on our Facebook or Instagram page.
Subject to matters which by law cannot be excluded, our maximum liability in connection with these Terms and Conditions will not exceed the purchase price of your Membership.
You agree that the Country Hounds products and services, graphics, member interface, audio clips, video clips, editorial content, templates and the scripts and software used to implement Country Hounds’ services, contains proprietary information and material that is owned by Country Hounds and/or its licensors and is protected by applicable copyright, intellectual property and other laws.
- General These Terms and Conditions constitute the entire terms and conditions between us in relation to Country Hounds Daycare and Walking and supersede all previous agreements.
These Terms and Conditions are governed by the laws of England and Wales and the English and Welsh courts shall have the non-exclusive jurisdiction to resolve any disputes arising out of or under it.