Terms And Conditions

1. Interpretation 

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1.1 The definitions in this clause apply to these Terms: 

 

Contract Duration: An approximate duration time for the delivery of Goods and to provide the Services, as stated in the Contract.

Goods: the sourced products and materials that we are purchasing for you as set out in the Contract. 

Services: the Services as detailed in the Contract, which you agree to purchase from us. 

Contract: your Contract for the Goods and Services, as set out overleaf, to include (where applicable) the description of the Goods, Specification, Price, address of the Property and Contract Duration (or any other information which we deem necessary).

Contract Confirmation: our written acceptance of the Contract.

Price: the price of the Goods and Services, as set out in the Contract, which is subject to Survey.

Property: the Property in respect of which the Goods and Services are to be provided.

Specification: the Specification for the Goods that are agreed in writing by you and us, as set out in the Contract.

Survey: a Survey by us or on our behalf of that part of the Property at which the Goods and Services are to be provided.

Terms: the Terms and Conditions set out in this document and any special or additional Terms and Conditions agreed in writing by us and you recorded overleaf. 

You or your: the Client ordering the Goods and Services from us, as detailed in the Contract.

We, us or our: Foundations To Finished Limited, Other Trading Names - AGLCM, whose registered address is 38 Lynholm Road, Polegate, East Sussex BN26 6JR. 

 

1.2 Headings do not affect the interpretation of these Terms.

1.3 A reference to “writing” or “written” in these Terms includes email.

1.4 Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

 

2. These Terms 

 

2.1 These Terms are the Terms and Conditions on which we supply the Goods and Services to you. This will include: 

 

1. The Services which Foundations To Finished Ltd will undertake for the Client.

2. The date or Contract Duration within which the Service will be performed.

3. The Prices which the Client shall be charged for the performance of the Services including: 

4. Any fees which Foundations To Finished Ltd shall charge.

5. Any disbursements or expenses which Foundations To Finished Ltd will require the Client to meet (including but not limited to the Prices of materials). 

6. Any VAT or tax element which will be payable by the Client.

 

2.2 We intend to rely on these Terms and your Contract. If you think that there is a mistake, please contact us to discuss. Any changes required to the Contract submitted to us must be agreed by us in writing. This can help to avoid any problems about what you expect from us and what we expect from you.

2.3 These Terms will apply to any repaired or replacement Goods we supply to you.

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3. Our contract with you

 

3.1 The Contract is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion. 

3.2 These Terms shall become binding on you and us when we issue you with a Contract Confirmation, at which point a Contract shall come into existence between us. ( Please ensure that you read these Terms carefully, and check that the details on the Contract are complete and accurate, before you sign and submit the Contract Confirmation to us).

3.3 References to any statutory provision, authority, rule or code of practice shall be deemed to include the amended versions, replacements or successors of such.
3.4 Foundations To Finished Ltd will provide such Services to the Client as specified in the Contract and attached schedules and Terms and Conditions. 

3.5 The main contractor being ‘Foundations To Finished Ltd’ may employ both employees, contractors, sub-contractors and agents to work on site. Each individual contractor takes full responsibility for their own third party liability and insurances. The main contractor will oversee all Services to completion and takes full general and operational responsibility in the running of any Contract agreed with the Client. 

3.6 An informal estimate, verbal or written Price guide received by you the Client, or any other document, in this context does not amount to the formation of a binding Contract.

3.7 The Services will be provided to the Client within the Contract Duration specified in the Contract.
3.8 Contract Duration and Supply Dates are provided for guidance only and Foundations To Finished Ltd make no guarantee that the Services will be performed within the specified period. For the purposes of this agreement, Contract Duration shall not be of the essence and Foundations To Finished Ltd shall not be liable for any loss or damage suffered by the Client as a result of the delivery of Services being delayed or postponed for any reason. If a Contract takes longer than expected no extra charges will be levied unless previously agreed and conversely if good progress is made and a Contract takes less time to complete than expected, the Client should not expect to receive a discount. 

3.9 Discounts and retentions: Prices are based on the understanding that no retentions are held unless previously arranged and authorised. no main contractor or sub contractor discounts are given unless agreed and confirmed in writing. 

3.10 Extras will only be undertaken further to both full discussion verbally or written with the Client and charged at an agreed rate. A written agreement will be constructed before or after the Goods and Services have begun which adhere to Foundations To Finished Ltd full Terms and Conditions.   

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4. Specification

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4.1 The Goods are described in the Specification.

4.2 Any samples, drawings, or advertising we issue, and any illustrations contained in any manufactures catalogues or brochures or on our website, are produced solely to provide you with an approximate idea of the Goods they describe. The Goods will be manufactured according to the Specification, subject to clauses 4.3 and 4.4. We cannot guarantee that the printed pictures contained in the catalogues or brochures accurately reflects the colour of the Goods. The Goods may vary slightly from those images. 

4.3 All Specifications are approximate only and are subject to normal margins of tolerance for the materials and installation in question. 

4.4 We reserve the right to amend the Specification if required by any applicable statutory or regulatory requirements.

4.5 The Client shall be responsible for the correctness of all measurements for Goods which you give to Foundations To Finished Ltd. Where these measurements are not correct and according, Goods which are ordered or provided by Foundations To Finished Ltd that are the wrong size, you shall bare the expense of rectifying this. 

 

5. Your rights to make changes

 

5.1 If you wish to make a change to the Goods ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the Price, the Contract Duration or anything else which would be necessary as a result of your requested change and you shall confirm to us whether you wish to go ahead with the change.

 

6. Our rights to make changes

 

6.1 Minor changes to the Goods. We may change the Goods:

 

a) to reflect changes in relevant laws and regulatory requirements; and

b) to implement minor technical adjustments and improvements. 

These changes will not adversely affect your use of the Goods.

 

6.2 More significant changes to the Goods. If we need to make more significant changes to the Specification (for example changes not foreseen or made aware to you in the Pre-Contract information provided) or, following the Survey, any changes to the Price we will notify you and you may then contact us within 14 days of the date of such notice to either agree to such changes or end the Contract and receive a full refund or any monies paid to us in accordance with clause 11.3. If you do not contact us within 14 days from the date of our notice to you, we will end the Contract and refund to you any monies paid to us in accordance with clause 11.3.

6.3 Changes to these Terms. We reserve the right to revise and amend these Terms from time to time. You will be subject to the Terms in force at the date of the Order.

 

7. Delivery 

 

7.1 Any delivery costs will be included in the Price.

7.2 If you are purchasing Goods and Services, we will complete the Services on or about the Contract Duration (unless otherwise agreed in writing by you and us). 

7.3 We will endeavour to meet the Contract Duration Date. In the event of delays in delivering the Goods and completing the Services by an event outside our control (in accordance with clause 16), you will be contacted as soon as possible and we will take steps to minimise the effects of the delay. If there is a risk of substantial delay you may contact us to end the Contract. Foundations To Finished Ltd will arrange at their discretion a Full or Partial refund for any payments already made in respect of the Goods which you have not received. 

7.4 We may have to suspend the supply of the Goods (or any part thereof) to:

 

a) deal with technical problems or make minor technical changes;

b) update the Goods (or any parts thereof) to reflect changes in relevant laws and regulatory requirements; or

c) make changes to the Goods as requested by you or notified by us to you (in accordance with clause 6).

 

7.5 We will contact you in advance to tell you we will be suspending supply of the Goods, unless the problem is urgent or an emergency.

7.6 We may suspend the supply of the Goods if you do not pay us for the Goods when you are supposed to (in accordance with clause 11) until such amounts outstanding have been paid. We will contact you to confirm we are suspending the supply of the Goods. We will not charge you for the Goods during the period for which they are suspended. As well as suspending the Goods, we can also charge you interest on your overdue payments (in accordance with clause 11.10).

 

8. Services 

 

8.1 We will only carry out the Services on any final Survey sheet (if applicable).
8.2 The Client shall co-operate with Foundations To Finished Ltd to facilitate this agreement to ensure a efficient Service:

 

a) You will permit us (and our agents, employees and contractors) access to the site at all reasonable times so that we may complete the Services between the hours of 7.00am and 6.00pm, unless otherwise agreed in writing between you and us, and assuring that such access is appropriate and adequate. 

b) Where the site is indoors, ensuring that there is adequate ventilation.

c) Providing for Foundations To Finished Ltd such facilities as may be necessary in order to allow us to complete the Services. 

 

8.3 If you do not allow us access to your Property to perform the Services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your Property we may terminate the Contract.

8.4 Following Foundations To Finished Ltd’s reasonable Instructions relating to safety and the state of work which has recently been completed by Foundations To Finished Ltd or is in the process of being completed or to the state of the Site in general, including directions and restrictions on appropriate usage, care and maintenance. 

8.5 Unless the Quotation specifies otherwise, the Client will be responsible for any cleaning and redecorating and clearing which is necessary to the Site after Foundations To Finished Ltd has completed the agreed Services. (Any waste materials deemed necessary for safe removal will be in the contract). 

8.6 Where Foundations To Finished Ltd stores or keeps any materials or equipment on Site, the Client shall be responsible for the security and safety of such and shall account to Foundations To Finished Ltd for any loss or damages.

8.7 Neither us (nor our agents, employees or contractors) will be responsible for any structural defects or underground obstructions existing in the site at the time of commencement of the Services and which become evident as the Services progress. 

8.8 We will make good any damage to your Property caused by us, our agents, employees or contractors during the Services. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your Property that we discover while providing the Services. 

8.9 It is your responsibility to remove any items in the way of the Services being carried out. We will not be required to remove existing fittings and materials so that they may be capable of re-use. 

8.10 We can provide, at additional cost, a skip for the removal of waste material from the site. If you make alternative arrangements for the removal of waste material, we cannot accept liability in respect of any accident, injury or damage resulting from your inability to arrange for the safe disposal of such waste material. 

8.11 Free access is required for delivery of Goods, plants, machinery and skips 

8.12 Access to and collection of used or unused Goods, equipment and plants remains in place until full and cleared final payment is received 

8.13 We are not permitted to move any services (Unless Contracted). It is your responsibility to arrange with your providers for the relocation of these, either before or during the Services. 

8.14 It is your responsibility to ensure that any alarm systems and Security attached to the Property which are to be replaced are disconnected before the Services (and replaced and connected following the Services).We will not be held accountable.

8.15 Protection of existing surfaces (floors, carpets, curtains, doors and furniture etc). Whilst we endeavour to protect existing surfaces with the use of dust sheets and loose plastic sheeting along with care in our working practice, responsibility for protection from damage of any existing surface or fabrics is the responsibility of the Client. Arrangement can be made to put in place protection of existing surfaces, over and above our basic cover, at a negotiated additional cost, contact Foundations To Finished Ltd for more details, this should be added to the Contract before work starts.

8.16 Builder’s waste is deemed to be waste generated by the contractor whilst carrying out Services and includes materials taken down or demolished by the contractor, this material can be used by the contractor or Client if suitable for the purpose proposed.

 

9. Approvals 

 

9.1 We will arrange electrical installations and electrical safety certification in accordance with "Part P" of the building regulations, where appropriate. 

9.2 Building Control: Inspections and other related issues concerning the Local Authority Building Control Department can be managed by Foundations To Finished Ltd if requested by the Client in advance and details of these arrangements are confirmed in writing by both parties. 

9.3 Unless otherwise agreed in writing between us and you, it is the Clients responsibility to obtain all relevant and necessary approvals, including but not limited to any deed of covenant or landlord approval and/or those from local authorities in respect of building regulations, planning permission, alterations to listed buildings or alterations carried out in a conservation area. We cannot be held responsible for any delay in completion of the Contract, or other loss directly arising from your failure or delay in obtaining any of the above. Any costs associated with taking down or removing an installation in these circumstances will be the chargeable to you.

 

10. Title and risk 

 

10.1 All property rights, building and other Goods provided by the main contractor or their sub-contractors remain the property of Foundations To Finished Ltd until full and final payment is cleared and received. Unless otherwise agreed in other document signed by both parties. 

10.2 Surplus goods, building materials, waste materials and off cuts remain the property of Foundations To Finished Ltd or our subcontractors or our suppliers. After final payment the Client takes ownership of the; Goods used to carry out the work only.

10.3 Risk in and responsibility for any Goods or materials which are used in the supply, performance or delivery of the Services shall pass from Foundations To Finished Ltd to the consumer: 

 

1. Where Foundations To Finished Ltd is responsible for delivering the products or materials to the Client, upon delivery; or 

2. Where Foundations To Finished Ltd is not responsible for delivery, at the moment the products or materials leave Foundations To Finished Ltd’s storage premises.

 

11. Price and payment

 

11.1 The price of the Goods and Services shall be the Price (unless another Price has been agreed by you and us in writing).

11.2 The Price is subject to adjustment by us following the Survey if additional costs of supplying or installing the Goods are identified as a result of the Survey or other circumstances.

11.3 The Price shall be paid as follows: 

 

a) a deposit of 25% of the Price payable upon receipt of our Contract Confirmation; and 

b) 75% on completion of the Services. 

c) These percentages are subject to adjustments per Contract.

 

11.4 The Price is inclusive of VAT. 

11.5 Payment can be made via Bank Transfer, by cheque or in cash and a receipt for payment will be given. Please make all payments by cheque payable to ‘Foundations To Finished Limited’. Bank Transfer details can be found at the bottom of your invoice or at (www.foundationstofinished.com). Payment in full is due upon completion of the Contract and presentation of the associated invoice. Part payments, interim payments and deposits may be agreed prior to commencement of works or during the Contract duration. 

11.6 Interim payments and final payment on completion of a Contract is not reliant on the presentation of completion certificates with respect to ELECSA, GAS SAFE or Building Control Completion Certificates as they are subject to third party administration by the Local Authority. Delays are sometimes possible due to Local Authority administration waiting times and technical issues.

11.7 Foundations To Finished Ltd may vary the Contract Price from the amount set out in the Quotation where we have provided Services which are different or in addition to those set out in the Quotation either at the specific request of the Client or because we have been required to complete additional work which was not anticipated at the time the Quotation was made, or because of market fluctuations in the Price of materials.

11.8 The Client agrees to not withhold any sums due to Foundations To Finished Ltd and to settle all invoices raised by Foundations To Finished Ltd within the times stated in these Terms and Conditions.

11.9 The Client agrees to pay to Foundations To Finished Ltd such costs and expenses which we may incur in recovering payment from the Client where the Client fails to make payment in accordance with these Terms and Conditions.
11.10 If you do not make any payment due to us by the due date for payment, The Client agrees to pay interest to you on the overdue amount at the rate of 5% a year above the base rate of the Bank of England plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount. 

11.11 In the event of any minor defect with or damage to components and Goods under these Terms the Services will be deemed practically complete and the final balance will become payable. We will accept you withholding a retention of 5% of the outstanding balance of the Price in these circumstances until the defect is resolved, upon which payment of such retained amount is required without delay.

 

12. Defective Goods

 

12.1 Where you consider that the goods are defective upon delivery or performance then you shall notify Foundations To Finished Ltd of this within 48 hours, failing which you shall not be entitled to claim the benefit of this guarantee.
12.2  This guarantee shall not become effective until the Client has paid 

Foundations To Finished Ltd in full (Unless holding a 5% retention), failing which the Client shall not be entitled to claim the benefit of this guarantee.

12.3 If you have any questions or complaints about the Goods please contact us in accordance with clause 18. 

12.4 We agree to fully investigate any alleged defect notified to us by you provided we have received full payment of all sums due and payable to us by you.

12.5 We will not be responsible for:

 

a) Any colour variation, including when finished wood stains and varnishes are applied;

b) Any imperfections of a minor or insignificant nature;

c) Any defect arising from your actions following delivery of the Goods and performance of the Services;

d) Any defect arising from your failure to follow our oral or written instructions as to the use and maintenance of the Goods;

e) Any defect arising from any alterations or repairs (or attempts to alter or repair) made by you or by someone else at your request;

f) Any defect arising as a result of fair wear and tear or wilful damage caused by you; or 

g) The Goods’ suitability for any particular purpose required by you (whether or not the particular purpose was known or communicated to us).

h) Any defect or flaw which is caused by mechanical or chemical damage (which is not in itself a result of some defect in the workmanship or materials) and which arises after risk in the property has passed to the Client. 

 

12.6 We are unable to guarantee that condensation will be eliminated following installation as condensation is a ventilation issue and cannot be resolved unless a free flow of air is allowed to circulate. (Unless Contracted).

12.7 If we deem that the Goods are defective we will (subject to your agreement in writing):

 

a) provide you with a full or partial refund; 

b) replace the Goods; or 

c) repair the Goods.

 

Foundations To Finished Ltd shall at its sole discretion determine the manner in which we will satisfy this guarantee. 

 

13. Guarantee

 

13.1 Guarantees on Goods run in accordance with manufacturer's warranty periods where applicable. In the event of a failure beyond these guarantee periods we will be happy to investigate the cause and negotiate a solution to the problem without delay and carry out any agreed repairs as soon as possible. Some charges may apply for remedial work carried out beyond guarantee dates or for repairs that are not covered by our guarantee. 

13.2 Our guarantee covers all new work and new Goods used in construction or repairs, but does not guarantee the integrity of any existing structures, materials or decorations, ingress of water through existing structures are not covered by this guarantee. Subsidence issues (sinkage below slabs, subsidence below new or existing foundations or movement of foundations or floors etc) are not covered within our guarantee.

13.3 Decorations are signed off on completion and not covered by guarantee. 

13.4 No responsibility is taken by ourselves for the presence of perished, infested or rotten timber (or any other perished, infested or rotten materials) in existing structures such as doors, constructional or other timbers, windows and frames whether detected or undetected at the time of Contract. 

13.5 Goods used in any Services are the closest colour match available from our supplier at the present time, this will not always be perfectly accurate and can vary slightly.

13.6 Any minor imperfections of Goods are subject to suppliers recommendations, details of which are available upon request. Discolouration or oxidisation is not guaranteed.

13.7 Upvc products are guaranteed against any failure in welded joints and distortment in frames with accordance of the systems supplier’s recommendations for a period of no longer than 10 years from the commencement date.

13.8 Sealed glazed units are guaranteed for a period no longer than 10 years after the commencement date above for the failure of hermetical seals. (Misting between panes).

13.9 This guarantee does not cover for cracks, or breakage after the installation is complete.

13.10 All aperture mechanical metallic moving parts, mechanisms and hinges are guaranteed for 1 year subject to regular maintenance by you, as per oral or written instructions. Cosmetic deterioration to furnishings, due to general wear and tear are not covered by this guarantee. 

13.11 Advice should be sought before attempting to attach fixings, fittings to or around the products supplied. 

13.12 All guarantees are given in good faith. However if it is deemed after a inspection from a employee, agent or sub contractor that our products have been misused, altered, damaged in any way, we will render the guarantee null and void.  

13.13 All building work of any description will be guaranteed for a period of 12 months from the commencement date in respect of our workmanship. Any failure of materials due to faulty workmanship under the terms of this guarantee will be repaired or replaced by Foundations To Finished Ltd, at our sole discretion.

13.14 Foundations To Finished Ltd is proudly registered to Fensa, the market leaders within the replacement windows and door industry to enable companies to self - certify in the competent persons scheme offering compliance under Building Regulations without the need for a separate assessment from Building Control.

13.15 Foundations To Finished Ltd is a Insurance Backed Guaranteed Company working with leading insurance company GGFi / Install-sure whom offer high quality IBG and Deposit insurances at competitive Prices for your individual Contracts subject to T&Cs.

 

14. Our liability to you 

 

14.1 Foundations To Finished Ltd shall perform all duties, Services and obligations under this Contract with reasonable care and skill and to a reasonable standard. We shall comply with all relevant codes of practice and statutory or regulatory requirements.
14.2 Foundations To Finished Ltd shall take all reasonable care with your Property, including taking reasonable steps to protect your furnishings, fittings, wall, ceiling and floor coverings during the provision of the Services. (Any additional cover should be inserted before the Service begins). 

14.3 Foundations To Finished Ltd shall at all times be registered and remain in good standing with such organisations as may be relevant for the purposes of permitting us to self-certify the compliance of the Services provided with the relevant building regulations or alternatively if we are not so accredited then we and the Client shall make arrangements in the Contract for a building inspector to certify the compliance of the Services provided with the relevant building regulations.

14.4 Foundations To Finished Ltd shall be responsible if Contracted for managing and arranging the safe and lawful disposal of any waste materials which are generated or removed from the Client’s property as a result 

14.5  Subject to clause 14.6 below, if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Contract. 

14.6 We supply the Goods for domestic, commercial and private use. If you use the Goods for any re-sale purposes, we will have no liability to you for any loss of profit. 

14.7 Our total liability to you in respect of all losses arising under or in connection with these Terms or the Contract shall not exceed the total amount paid by you under the Contract. 

14.8 Foundations To Finished Ltd shall at all times hold public liability insurance policies. 

14.9 We hold up to £2000000 public liability for personal injury or death caused by our negligence of our employees, agents or sub contractors. All usual general building and cleaning practices are covered within our insurance policy. 

 

15. How we may use your personal information

 

15.1 We will use the personal information you provide to us to:

 

a) supply the Goods and perform the Services to you;

b) to process your payments for the Goods and Services; and

c) to inform you about similar Goods that we provide, but you may stop receiving these at any time by contacting us.

 

15.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

15.3 All Client information is retained in accordance with the Data Protection Act 1988 and all personal and other Client details will remain confidential. 

15.4 Foundations To Finished Ltd has created this policy to ensure that:

 

a) It complies with GDPR, PCI-DSS, UK PII and follows good practice.

b) Both the PCI DSS and the GDPR aim to ensure organisations keep personal data in a secure way. The PCI DSS focuses on payment card and   cardholder data, while the GDPR covers regulation for EU residents’ personal data. The important difference is that GDPR is more general   than PCI DSS.

c) It is open about how it processes and stores your personal information.

d) It demonstrates our accountability and responsibility for data protection.

 

15.5 It has implemented a GDPR compliant Subject Access Request (SAR) procedure for responding to all types of data privacy related requests.

This policy doesn’t cover other companies or organisations (which advertise our products or services and use cookies, tags and other technology) collecting and using your personal information to offer any relevant online advertisements to you.  Please read our cookie policy at the end of this policy document for information about how we use cookies on our websites.

You can connect to other organisations’ websites, apps, products, services and social media from our websites via links.  This privacy policy doesn’t apply to how the other organisations may use your personal information.

You’re advised to review their privacy policies before providing your personal data.

15.6 There are different ways in which we collect information about you. This includes when you use any of our websites and when you contact us via email, phone or post.  In some instances, they will have a legal basis for us doing so.  

15.7 Foundations To Finished Ltd collects certain personal information about you. These would include your name, business contacts, address, email address, IP address and in certain circumstances, employee details. Foundations To Finished Ltd does not hold/store any credit/debit card detail after the product and/or service has been paid in full.

15.8 Foundations To Finished Ltd may use your personal data:

 

a) To notify you about changes to our services

b) To fulfil our legal obligation under government licence and regulation

c) To process financial payments

d) To carry out obligations arising from any contracts entered into

e) For market research, user trend studies, website user improvements and customer services

f) To provide you with obligatory information

g) To third parties who undertake services on our behalf in relation to our business operations, or where you have otherwise provided      consent for us to do so (e.g. for promotional material)

h) To provide you with information, products or services which you have requested or which we believe may be of interest to you

i) To seek your views or comments on the services we provide

j) To process job applications.

 

15.9 Your personal information will not be retained beyond what is required and will be held on our system for as long as it is necessary in relation to the purpose for which it was collected or for which it was further processed. The length of time for which we retain your personal information will take into account the legal and contractual requirements that influence the retention period.

Your personal information will be deleted or destroyed within a set time after it has been confirmed that it is no longer required to be retained.

15.10 Foundations To Finished Ltd work with third party service providers, who are a natural or legal person, public authority, agency or body other than the data subject (you), the controller (Foundations To Finished Ltd), a processing internal or external person or entity who, under the direct authority of Foundations To finished Ltd or a processor, are authorised to process your data, such as Local Authorities, External Printing and Insurance companies.

Consent

All processing of personal data requires a lawful basis, e.g. Contractual or Legal Obligation, where Consent provides one such lawful basis.

Your consent is considered to be freely given, specific, informed and an unambiguous indication by you, through a statement or by a clear affirmative action, which signifies agreement to the processing of your personal data.  For example, depending on the circumstances, valid consent could be provided verbally, in writing, by ticking a box on one of our web pages, by choosing technical settings in an app, or by any other statement or conduct which clearly indicates in this context your acceptance of the proposed processing of your personal data.

Your consent can be withdrawn at any time; however, your right to withdraw consent is not retrospective (i.e. you cannot withdraw consent to processing that has already taken place).

15.11 You have the right to obtain confirmation that your data is being processed and to access your personal data that we hold about you, which is known as a Subject Access Request (SAR). We will typically provide this information free of charge; however, we may charge a ‘reasonable fee’, when a request is unfounded or excessive, to cover administrative cost.

15.12 We take all reasonable steps to ensure that the information we hold about you is up to date and accurate. If, however, you change any of the information we hold about you, such as your address, then please contact us on email: contact@foundationstofinished.com  or write to us at: 38 Lynholm Road, Polegate, East Sussex BN26 6JR.

15.13 All data held is protected by multiple layers of data and system security, i.e. (but not limited to) Data encryption, firewalling, intrusion detection, malware prevention, conforming to least privilege model (data held on our networks has access restrictions according to individuals, teams and business entity needs, which is reviewed on a regularly basis).

All data transfer to external entities, will be encrypted, transferred over a secure network and conform to 2FA (two factor Authentication

15.14 The Internet pages of Foundations To Finished Ltd use cookies.  Cookies are text files that are stored in a computer system each with a unique Cookie ID via an Internet browser, which becomes personal data under the GDPR, as they constitute ‘online identifiers’.

Through the use of cookies, the GGF and its subsidiaries can provide you with more user-friendly services that would not be possible without the cookie setting.

You may, at any time, prevent the setting of cookies through our websites by means of a setting on your Internet browser, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time using your Internet browser or other software programs. This is available in all popular Internet browsers.

 

16. Events outside our control

 

16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control. 

16.2 An “event outside of our control” includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:

 

a) civil commotion, civil war, riot, invasion, armed conflict, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; 

b) acts of God, collapse of buildings, fire, explosion, inclement weather, storm, flood, earthquake, subsidence, drought, epidemic or other natural disaster; 

c) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; 

d) impossibility of the use of public or private utility networks; 

e) the acts, decrees, legislation, regulations or restrictions of any government; or 

f) strikes or labour unrest (other than in relation to our own employees); or

g) default by one of our suppliers or sub-contractors.

 

16.3 Our obligations under these Terms are suspended for the period that such event outside of our control continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring such an event to a close or to find a solution by which our obligations under these Terms can be performed despite such an event.

16.4 In the event of unforeseen difficulties arising, or any other circumstantial changes, the quotation Price or estimated cost may be revised to reflect the situation at hand before or after commencement of work.

 

17. Transfer of rights and obligations 

 

17.1 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms. 

17.2 You may not transfer your rights and obligations under these Terms to any other person without our written consent.

 

18. Notices, Complaints, Communications and Cancellations 

 

18.1 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to cancel the Contract), you can send this to us by hand or by post to Foundations To Finished Limited, 38 Lynholm Road, Polegate, East Sussex BN26 6JR, or by email to contact@foundationstofinished.com. We will confirm receipt of this by contacting you in writing. 

18.2 If you wish to contact us by telephone, our contact number is 07715657676.

18.3 If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address or email address you provide to us in the Contract.

18.4 In the unlikely event of a complaint arising you must contact us via email at contact@foundationstofinished.com, or post to Foundations To Finished Limited, 38 Lynholm Road, Polegate, East Sussex BN26 6JR to open a complaints procedure. We will confirm receipt of this by contacting you in writing along with a complaints form to be filled in by you. You then need to return to us within 7 days for us to resolve this complaint.

18.5 In accordance with the Cancellation of Contracts Made in a Consumer's Home or Place of Work etc. Regulations (2008) the Client may cancel this Contract within 7 calendar days of signing this agreement (or within whatever extended period Foundations To Finished Ltd may specify in the Quotation) and shall be entitled to a full refund of any monies paid to Foundations To Finished Ltd, less an amount representing any reasonable administration costs which Foundations To Finished Ltd has incurred. Any cancellation outside this period will not entitle the Client to a refund of any monies paid.

18.6 This agreement shall continue until the Services (or any mutually agreed addition, extension or variation thereof) have been provided, or until terminated in accordance with the below.
18.7 Without prejudice to the above the employment of Foundations To Finished Ltd under this Agreement may be terminated immediately where any of the following circumstances arise: 

a) Either party commits a serious breach or persistent breaches of this agreement including but not limited to the non- performance, neglect or default of any of there duties as outlined herein (including a failure on the part of the Client to make payment within agreed timescales) and after notice of this breach has been given to the defaulting party it remains unremedied and unrectified 7 days after such notice. 

b) Either party commits a breach of this agreement which cannot be remedied.
c) Either party becomes insolvent or enters into a CVA or IVA or ceases to carry on the whole or substantially the whole of its business. 

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11.3 Upon termination of the employment of Foundations To Finished Ltd under this agreement the Client shall pay to Foundations To Finished Ltd such sums as may represent work done and expenses incurred up to and including the date of the termination.
11.4 Any right to terminate the employment of Foundations To Finished Ltd under this agreement shall be without prejudice to any accrued rights or liabilities arising out of this agreement which are in existence at the date of termination.

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19. General 

 

19.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the Term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by law. 

19.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.

19.3 This Contract is between you and us. No other person shall have any rights to enforce any of these Terms. Neither of us will need to get the agreement of any other person in order to end the Contract or to make any changes to these Terms. 

19.4 These Terms shall be governed by English law and we both agree to the exclusive jurisdiction of the English courts.