Project Terms & Conditions
The Opun contract
At Opun we believe in complete transparency. To that end, we’ve included all the Ts & Cs from one of our typical contracts below.
1.1 Your Quote for Opun’s design and works will be valid for 30 days from the date of submission.
1.2 When we provide you with your Quote, this will include VAT at the prevailing rate.
1.3 You can pay for Opun Services by BACS or Debit card.
1.4 When you accept our quotation, we will work with you to establish a target finish and start date for the work. We require a deposit to confirm your acceptance of the quotation. Only when the deposit has been received, can parts, materials, and fittings be ordered, and the start date confirmed. The deposit will be determined as a percentage of the value of the Project (see clause 5.1) and some Projects will require a deposit and stage payments, as well as a final payment, as specified in the quotation.
1.5 When quoting, it may not be possible for us to identify every Project risk including, but not limited to, the discovery of asbestos, gases, water damage, pest infestation, building or other structural defects, or other such instances that may cause the Project to vary, halt or stop whilst remedial or additional work is undertaken. In such rare instances, we may have to alter the work schedule and/or charge more for the Project to be completed. We will always work with you to mitigate any additional cost and/or delay and we will always ask you to agree to any variation in the costs of the Project before incurring additional cost and making additional charges.
1.6 You accept that unforeseen circumstances as in 1.5 above may prevent a Project continuing before remedial work is carried out and that you will be obliged to pay for such remedial work before we can continue with the Services. We will always try to complete the Project but where you do not pay for the remedial work within the original timescale of the Project and where we cannot complete the remedial work in accordance with the scope of the original quotation, we will suspend the Project and you will pay us to the value of work completed and any cost incurred such as, but not limited to, preordered materials and fittings.
1.7 Accepting the quote means you are accepting that all parts, materials, fittings, delivery and warehouse costs will be scheduled. We cannot accept any removal or cancellation after this time. There are no cancellation rights applicable with this contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
1.7.1 If after the contract has been agreed you wish to request a variation to the contract, this must be done in writing. Opun will propose the costs for the variations and this must be agreed in writing by both parties.
The variation costs will include the following:
A £50 admin fee per variation request *
Any fees incurred for returning and warehousing original parts
*the admin fee will not apply when:
The variation is based on structural requirements.
The final parts, materials and fittings are dependent on planning and/or council permission.
When the variation is providing further detail, specifications, and or dimensions which were not in the initial quotation.
The variation is suggested by Opun.
1.8 Any project change, either due to the circumstances arising in 1.5, or an alteration to requirements by you, as specified in 1.7, will impact the Project timelines and we cannot ensure the original Project start and/or end date. We commit to keeping it as close to the original timeline as possible.
1.9 Should the Project change, either due to the circumstances arising in 1.5, or an alteration to requirements by you, as specified in 1.7, you will be asked to agree to the changes in writing within 48 hours, to a variation request that we will present to you. Whether or not you agree to a variation request in writing, we will assume you have agreed if, having notified you of the variation, you permit the work to continue in accordance with the variation
1.10 You acknowledge that there may be circumstances where the Project will not be able to proceed and that you, or we, may need to seek expert assistance beyond the services that we provide. Should this be the case, we will offer our assistance to locate a suitable expert, however Opun will not be responsible for the financial cost.
2. OUR RESPONSIBILITY TO YOU
2.1 Nothing in this agreement shall limit or affect our liability resulting from any materials, parts or equipment provided being found to be unsafe or if something we, or an agent or contractor working on our behalf does negligently causes death or personal injury.
2.2 Subject to clause 3.2, we shall not be responsible for any damage or loss suffered or incurred as a result of:
2.2.1 repairs, modifications or alterations to a Project by any persons other than someone engaged by Opun in relation to the Project;
2.2.2 negligence by any persons other than someone engaged by Opun in relation to the Project:
2.2.3 your provision of any materials, parts or equipment for us to use or fit as part of a Project.
2.3 Opun is a residential service for non-commercial use only and our liability shall not, in any event, include business losses such as lost data, lost profits or business interruption.
2.4 We may, acting reasonably, suspend any Project, at any time, for safety, technical, legal or operational reasons, to protect you, your home or the people working on the Project.
2.5 Nothing in your contract with us affects your statutory rights. For more information on your statutory rights please contact the Citizens
Advice Consumer Service on 03454 040506
2.6 Throughout the project we will be taking photographs of the work. These will be taken before the start of the work, during, and after completion. This imagery is used for training, monitoring, and promotional purposes. These assets will never be transferred to for use by third parties. In case of promotional usage, these images would be handled with the utmost care and they would not be personally identifiable, unless the customer expressly agrees. Upon written request, you can have full access to the full library of imagery with regards to your project.
2.8 Our guarantee relates to work that we have undertaken and you have paid us for.
2.9 Opun accepts no responsibility for work undertaken by anyone other than Opun teams or trade partners selected and instructed by us to undertake the work or where others have interfered with work undertaken by Opun. This also applies to any warranties issued by Opun for our work.
2.10 We and any sub-consultants and subcontractors that we employ in connection with your project will provide the design, unless expressly stated the customer provides this, and works with all due skill and care.
3. YOUR RESPONSIBILITY TO US
3.1 To use the Opun Service, you need to be 18 or older and warrant that you are the owner of the property where the Service is to be carried out.
3.2 You promise us that the information you provide, including when speaking to us or one of our representatives, in written form, either through messaging, email or chat, or orally, is correct.
3.3 You will provide clear access to the work area within your home and provide us with a supply of mains electricity, gas and water, if necessary. Where facilities are unavailable to do so, then you accept that the cost of providing such facilities will be added to your quotation.
3.4 While we will assist wherever possible, it is your responsibility to obtain all permits, licences, and other consents including, but not limited to, party wall agreements, traffic permits and planning approval relating to the work unless we agree otherwise in writing.
3.5 You will not engage Opun in any Project that violates planning regulations, building regulations or other laws, regulations or any order of a court of relevant jurisdiction.
3.6 It is your responsibility to inform neighbours and others who might be affected by work on your Project.
3.7 You will inform us about anything that you believe is or may be dangerous or hazardous in your home before any member of our team enter your home.
3.8 You are responsible for any materials, parts and equipment that you provide and instruct us to use, as part of a Project. This means that you are both responsible for the quality of these materials, parts and equipment and acknowledge that a Project may take longer for us to carry out using them instead of our materials (for example, poor quality paint may require us to apply three coats of paint instead of two), in which case we may charge more.
3.9 We will not guarantee work carried out where any parts used in the Project are supplied by you or a third party on your behalf.
3.10 You are responsible for the work carried out by other trades providers that may be being undertaken at the same time as the provision of our Services. Opun will not be responsible or be held accountable for the performance of these other trade service providers.
3.11 Should there be any delay to or any additional cost arising from the use by you of other trade service providers, we may submit a Project variation order which may result in a higher charge for the work we carry out (for example, the Project over-runs because of slow or poor workmanship provided by others in your home).
3.12 We will not guarantee the work we undertake where any part of the Project for which we are engaged is carried out or interfered with by a third party employed by you or where you or persons not engaged by us carry out any work on the Project.
3.13 You agree to look after any materials, parts and equipment that we bring into your home to use for a Project.
3.14 It is your responsibility to provide a safe working environment, this includes but is not limited to providing safe access to the area of the building works, for Opun’s employees, agents and subcontractors and other persons involved in or affected by the Project. If actions by Opun’s employees, agents or subcontractors adversely affect the safe working environment, you are not responsible for the working environment affected by those actions. Nothing in this contract limits Opun’s own responsibility with regards to health & safety for its employees.
3.14.1 You will pay us promptly within five days of being invoiced so that we can ensure the continuation of the Project goes smoothly.
3.15 You agree to notify us immediately of any unauthorised use of your account with us.
4.1 We will establish with you a fair payments schedule for your project so that you and we are protected. Depending on Project value, payment will be as follows:
4.1.1 For all Projects payment will be via stage payments, as specified in your quotation. Any deposit requested must be paid before the Project can be scheduled to start. Request for final payment will be made upon completion of the work. You will agree to the Project or stage of a Project being completed to your satisfaction via your Portal, whereupon we will submit an invoice via your Portal.
4.1.2 Any claim for faulty or poor workmanship or any other dissatisfaction must be notified to us as soon as is reasonably practical after the fault, the damage, or any other source of dissatisfaction is discovered. Notification must be made to us in writing and we will remedy the situation.
4.1.3 All work is guaranteed for five years from the date we complete the Project, providing only where full payment has been made. This means we will cover any defect up to five years from the date of completion of the Project subject to an excess payment of £25.
4.1.4 Nothing in your contract or our warranty affects your statutory rights under the Consumer Rights Act 2015. For more information on your statutory rights please contact the Citizens Advice Consumer Service on 03454 040506.
4.1.5 We will not carry out any remedial work in accordance with our guarantee unless the work has been paid for in full in accordance with this agreement.
4.1.6 Ownership of any materials, parts and equipment that we sell to you as part of a Project will only pass to proportionally in line with payment schedule, as and when stage payments are made in accordance with this agreement.
4.1.7 We will pass on to you the benefit of any manufacturer’s warranty in respect of parts supplied to you and endeavour to record these for you in your Opun portal.
4.2 Payments will be due on presentation of an invoice via the Opun Portal and you agree to make payment within five days. Larger projects may have multiple payment stages. Each payment stage must be paid at the specified time in your quotation, before the project can continue forward.
4.3. Opun may offer finance options in connection with the project. If you choose to use this finance option you will be taken through the application and the finance company will set up a contract with you directly. As well as the finance paperwork, you will be given a completion document. This document confirms to us and the finance company that the work has been completed and signed off. The completion document must be returned to Opun within 5 days of receiving it, (please fill in the appropriate section on the form if there
any issues with the work.)
4.4 We don’t expect this to happen, however we do reserve the right to pass your details to Debt Collection or Credit referencing agencies, should you fail to make full payment for services completed on your behalf.
5. YOUR RIGHT TO TERMINATE YOUR CONTRACT WITH US
5.1 You can terminate your contract with us by notifying Opun via the Opun Portal if we:
5.1.1 are not meeting our health and safety or environmental responsibilities; or,
5.1.2 are so incompetent or careless that the work is of an unacceptable standard, and we fail to correct the matter within seven days of your notification to us of the matter.
5.2 The termination of your contract with us, for whatever reason, shall not affect either our rights or liabilities.
5.3 We reserve the right to investigate any claim made, or termination request, prior to agreeing to terminate your Contract. We may not agree to terminating the contract if we believe that we can complete the work and/or rectify the situation within seven days.
5.4 In case of termination, we will refund (within fourteen days) any sums you have already paid that cover labour related to work not yet completed and/or materials, parts and fittings which have not yet been installed. These will be discounted with any return fees and costs.
5.5 If you terminate your contract with us, you lose your Opun Guarantee, and any/all other associated benefits that you have obtained as a result of our Service.
6. OUR RIGHT TO TERMINATE YOUR CONTRACT WITH YOU
6.1 We may terminate your contract with us by notifying you if you:
6.1.1 do not pay an amount due to us within the specified time period; or,
6.1.2 prevent or obstruct us from carrying out the Project, and you fail to correct the matter within seven days of us notifying you of the matter.
6.2 If we terminate your contract with us, you may lose some or all of your deposit and you will pay us for any work carried out and parts used within fourteen days of the contract ending.
6.3 If we terminate your contract with us, you lose your Opun Guarantee, and any/all other associated benefits that you have obtained as a result of our Service.
7.1 If you cancel the Contract without Opun’s consent, other than pursuant to clause 5 above, you shall indemnify Opun against all loss, damage, claims or actions arising out of such cancellation unless otherwise agreed in writing, and for the avoidance of doubt, any such cancellation is without prejudice to Opun’s right to payment in accordance with clause 4 above or to the cancellation charges pursuant to clause 8.2.
7.2 Where cancellation occurs, after the contract has been accepted, but prior to any work starting, you will be liable for the following cancellation charges:
10% of the project price if the cancellation is made more than 14 days prior to the specified start date for the Works or where no start date has been agreed.
15% of the project price if the cancellation is made less than 14 days prior to the specified start date
20% of the project price if the cancellation is made less than 7 days prior to the specified start date.
These cancellation costs are charged if we incur costs for returning parts, materials and fittings and any warehousing costs. As well as administration costs and loss of profits
7.3 The above 7.2 shall not apply where planning permission and or council permission was rejected. This is only relevant with a loft conversion and or extension. In this case, we will refund the balance of your part payment after costs of planning application and architectural drawings have been deducted. These costs are estimated at £1500.
8.1 You may not transfer any of your rights under your contract with us to any other party without the express written consent and agreement of a Director of Opun. We may only transfer our rights under our contract with you to another business, where we reasonably believe your rights will not be affected, upon obtaining your prior written consent and agreement.
8.2 If you breach your contract with us we will be entitled to use our rights and remedies; at the point of the breach, at a later date or in any other situation where you breach this contract.
8.3 You will be responsible for any loss, damage or injury, whether direct or indirect or consequential, resulting from failure or delay in the performance of your obligations under these terms.
8.4 Our contract with you is subject to English law.
9. FORCE MAJEURE
9.1 Opun will use all reasonable endeavours to carry out the works on the agreed dates but shall not be under any liability to you if it should be either impossible, unsafe or impracticable to carry out the Project on the agreed dates, or at all, by reason of strike, lock-out, industrial dispute, act of God or any other event or occurrence beyond Opun’s control.
10.1 If any of these terms are deemed unfair, void or for any reason unenforceable, only those terms deemed unfair, shall be void, all other terms of the contract shall stand.
11. ENTIRE AGREEMENT
11.1 These Terms and any document expressly referred to in them constitute the entire agreement between us with respect to the subject matter of any contract and supersedes any previous communications or agreements between us.
“Content” means text, images, photos, audio, video, and all other forms of data and/or communication.
“Site Content” means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and
“Third Party Content” means Content that is made available on the Site by parties other than Opun.com or its users, such as data providers who license data toOpun.com for use on the Site.
“User Content” means Content that users submit or transmit to or through the Site.
“User” is someone who accesses, browses, crawls or in any way uses the Site.
“Your Portal” means Content that you submit or transmit to or through the Site, and/or information that you display as part of your account profile.
“Appointment” means confirmation of a date/time as specified by the User that confirms when a Trade Partner will visit their premise to ascertain the type of work required and be able to gain information that allows them to produce a Quotation.
“Customer” means a User who has booked and paid for Services through the Opun Website.
“Project” means the works delivered or to be delivered
“Quotation” means confirmation of the price of the Project as will be submitted to the User, post Appointment.
“Service” or “Services” refer to the service provided by Opun in quoting for and delivering your Project
The terms “we”, “us”, “our”, and “Opun” refer to Carlisle Place Ventures Ltd.
The terms “you” and “your” refer to you, as a User of the Site.