The SMART Repair People

Terms & Conditions

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Welcome to DAA SMART SOLUTIONS LIMITED (Trading as “The SMART Repair People”), where we offer a platform connecting customers, referred to as “you” or “customer,” with independent repair service providers, known as “Repairers.” Our platform streamlines the process of requesting and booking vehicle repair services. Here’s how it works:

When you utilise our platform, you’re agreeing to abide by the following terms and conditions, which outline your rights and responsibilities as a customer and govern your usage of the platform. Take a moment to review them before proceeding.

Definitions:

“Repair Services” encompass any repair (including parts), and inspection services provided by a Repairer under a Booking.

“Booking Request” signifies your request for Repair Services made through The SMART Repair People website.

“Booking” constitutes a contractual agreement for Repair Services between you and the Repairer, facilitated by The SMART Repair People acting as your agent.

“Charges” refer to the fees for parts and labour associated with a Booking.

“Repairer” denotes an independent provider of Repair Services, not employed by DAA SMART SOLUTIONS LIMITED, but utilising our platform.

“The SMART Repair People Services” encompass our role in enlisting Repairer services, managing Repair Contracts on your behalf, and processing payments.

Terms and Conditions for Customers using our platform:

The SMART Repair People’s Role and Responsibilities:

We act as an intermediary only. Our responsibility is limited to introducing customers to independent Repairers and garages and, for mobile repairs, arranging the Booking and processing payment on your behalf as your agent. While we facilitate connections between you and Repairers, we are not a party to the contract for the Repair Services and cannot be held liable for their actions or failures in service provision. We do not employ Repairers or Garages nor have direct involvement in their service delivery.

Contract Formation and Payment:

Upon booking your repair, you enter into an agreement with The SMART Repair People for our services in the case of a mobile repair. For a garage repair you enter into an agreement directly with the garage.

  • For mobile repairs, this authorises us to act as your agent in arranging Repair Services and processing payment. The contract for the Repair Services is between you and the Repairer and is formed when you book in a repair. We will give you the Repairer’s business name and contact details before the repair takes place.
  • For mobile repairs, billing is handled by The SMART Repair People through various payment methods. Our payment provider, Stripe keeps your card on file for any future Charges, we may charge your card any outstanding amount for a repair if payment is not made by 5pm the next working day following the completion of your repair.
  • For garage repairs, The SMART Repair People act as an introducer only. We do not take any payment or deposit for garage repairs. All quotations, bookings and payments are agreed and made directly with the garage, who should be your point of contact in all situations.

Obligations of The SMART Repair People:

– For mobile repairs, we arrange bookings and collect payments on your behalf. Additionally, we provide updates on repair status, including proactive notifications of any delays. It can take up to 5 working days for a repairer to be allocated.

– For garage repairs, we introduce you to independent garages listed on our platform and provide their contact details so that you can obtain a quotation and book your repair directly with the garage.

We make reasonable efforts to find a suitable Repairer at the agreed price. However, we cannot guarantee availability or willingness of Repairers to provide services at the specified price. In such cases we may offer alternative pricing. If you do not wish to accept the alternative price, or no Repairer can be found, the Booking will be cancelled and any deposit refunded in full.

Cancellations and Cooling-off Period:

Because Bookings are made online or by telephone, you have a legal right to cancel within 14 days of the date of the Booking. If you cancel within this period before a repair date has been confirmed, any deposit paid will be refunded in full.

Most customers want their repair carried out sooner than 14 days. When you choose a repair date and pay your deposit, you are expressly requesting that we begin providing our services, and that the repair is carried out, within the 14-day cancellation period, and you acknowledge that:

  • once the repair has been completed you will no longer have a right to cancel; and
  • if you cancel after a repair date has been confirmed but before the repair is carried out, your deposit will be retained as payment for the booking services already provided and the Repairer’s reserved time, as set out under Deposits below.

Cancellation fees apply if the Booking is cancelled within 24 or 12 hours of the scheduled repair time, and moving a repair to another time may require paying the booking fee again.

Please do not book in your repair if you need the repair carried out sooner without speaking to our team first. Deposits will not be refunded if the repair is booked for a specific date but you need it done sooner.

Payments:

  • For mobile repairs, payment is due upon completion of repair. Failure to pay the remaining balance due before 5pm the following weekday of the day of your repair will result in your original payment card being charged for the remaining outstanding balance on the repair. By accepting your repair you are agreeing to these terms.
  • In case of non-payment, we may claim interest and compensation for debt recovery costs.
  • For garage repairs, all payments are made directly to the garage. The SMART Repair People does not collect any payment or deposit for garage repairs.

Deposits (mobile repairs):

A deposit is taken when you choose a repair date and book your repair in for that date. The deposit secures the Repairer’s time for your chosen date and pays for the booking services we have provided in arranging it.

  • If you cancel the Booking after a repair date has been confirmed, or the repair cannot go ahead on the day for a reason within your control (for example the vehicle is not available, or the damage does not reflect the damage shown in the photographs you supplied), the deposit is non-refundable. The Repairer has set aside time for your repair that cannot be re-sold at short notice.
  • If the repair does not go ahead for a reason that is not your fault, for example the Repairer is unable to attend or we cannot find a Repairer at the agreed price, your deposit will be refunded in full.
  • In any other circumstances, any refund of a deposit is at the sole discretion of The SMART Repair People.

Deposits are not refunded because you need the repair carried out sooner than the date you chose. Please speak to our team before booking if timing is critical.

Termination Rights:

The SMART Repair People reserves the right to terminate access to the Platform or cancel Bookings for reasons including non-payment or violation of Terms and Conditions.

Dispute Resolution:

The SMART Repair People acts as an agent and intermediary only. Your contract for the Repair Services is with the independent Repairer or garage that carries out the work, and any dispute about the standard, timing or outcome of a repair is between you and that Repairer or garage. Any claim for compensation, rectification or other financial redress in respect of a repair must be made against the Repairer or garage, not The SMART Repair People.

If a problem arises, please contact us. We will endeavour to help you and the Repairer reach a resolution and will provide the Repairer’s details on request, but we are not responsible for the outcome. You should not sign off the repair on completion of the job where there is any dispute or problem with the repair.

Nothing in this section affects your statutory rights, or your right to a refund from The SMART Repair People of any sum we hold that is due to be returned to you under these Terms and Conditions.

Acknowledgment of Work and Payment Obligation

By signing upon completion of the repair, the customer confirms that the repair work is of an acceptable standard and satisfactory. The customer agrees that the full quoted amount is payable and must be settled by 5pm on the weekday following the repair. Failure to make payment will result in the registered bank card being charged. If the payment cannot be processed, legal action will be pursued to recover the outstanding amount.

Warranty & Liability:

The SMART Repair People are an intermediary between the repair companies and customers. We do not accept any liability for any repair work carried out. Any warranty or guarantee for a repair is given by the Repairer or garage, not by The SMART Repair People. We provide the business name and contact details of the Repairer or garage prior to the repair. Nothing in these Terms and Conditions excludes or limits any liability that cannot be excluded or limited by law.

Data Protection and Privacy:

We prioritise client privacy and handle personal information in accordance with our Privacy Policy.

Governing Law:

These Terms and Conditions are governed by the laws of England and Wales, with disputes subject to the exclusive jurisdiction of English and Welsh courts.

Miscellaneous:

Any invalid provision within these Terms and Conditions will not affect the validity of the remaining terms. Failure to enforce any right or provision does not constitute waiver unless acknowledged in writing by The SMART Repair People. These Terms and Conditions constitute the entire agreement between the customer and The SMART Repair People, superseding all prior communications. Notices or communications will be provided through the Platform, email, or other appropriate means. Assignment of rights or obligations under these Terms and Conditions requires written consent from The SMART Repair People. All intellectual property rights remain owned by or licensed to The SMART Repair People.

By utilising our platform, you agree to adhere to these Terms and Conditions, ensuring a seamless experience in accessing vehicle repair services through The SMART Repair People.

VAT Handling

As we work with a network of independent repairers, the VAT treatment depends on whether the repairer assigned to your job is VAT registered:

• If your repairer is VAT registered, a full VAT invoice can be provided for the total amount.

• If your repairer is not VAT registered, only our service fee includes VAT. In this case, we can provide a VAT invoice covering just that portion.

Please let us know the date and reference of your repair, and we’ll send the appropriate documentation.

Terms and Conditions for Mobile Repairers using our platform:

**The SMART Repair People’s Role and Responsibilities:**Our responsibility is primarily limited to providing The SMART Repair People Services. While we facilitate connections between you and Repairers, we cannot be held liable for their actions or failures in service provision. We do not employ Repairers nor have direct involvement in their service delivery.

**Contract Formation and Payment:**Upon accepting our quote, you enter into an agreement with The SMART Repair People for our services. This authorises us to act as your agent in arranging Repair Services and processing payment. The contract with the Repairer is formed when they confirm acceptance of the job details through our Platform.

Personal Capacity and Liability: By registering to use our platform, you acknowledge and agree that you are entering into this agreement in your personal capacity, and not on behalf of a limited company or other corporate entity. In the event of any claim, dispute, or liability arising from your work, conduct, or actions while using our platform or carrying out any repair services, you accept full personal responsibility. Any such claim will be made directly against you as an individual, and not against The SMART Repair People or any third party. You confirm that you have the necessary insurance and legal authority to undertake repair work in your own name.

**Obligations of The SMART Repair People:**We arrange bookings and collect payments on your behalf. Additionally, we provide updates on repair status, including proactive notifications of any delays. It can take up to 5 working days for a repairer to be allocated.

We make reasonable efforts to find a suitable Repairer at the agreed price. However, we cannot guarantee availability or willingness of Repairers to provide services at the specified price. In such cases, alternative pricing may be offered, but acceptance is optional.

**Termination Rights:**The SMART Repair People reserves the right to terminate access to the Platform or cancel any existing Bookings.

**Dispute Resolution:**In case of disputes with Repairers regarding services, customers should contact The SMART Repair People for assistance who will help with dealing with any issues. The repairer (you) are ultimately liable for any damages, faulty repairs or claims against the standard of work carried out. We reserve the right to pursue you as the repairer and or your company to recover any fees that are outstanding.

**Warranty & Liability:**The SMART Repair People are an intermediary between the repair companies and customers. We do not accept any liability for any repair work carried out. We provide company information and telephone numbers of the technicians prior to the repair. You as the repairer are responsible for the warranty and liability of repairs carried out from customers who have used our platform.

**Data Protection and Privacy:**We prioritise client privacy and handle personal information in accordance with our Privacy Policy.

**Governing Law:**These Terms and Conditions are governed by the laws of England and Wales, with disputes subject to the exclusive jurisdiction of English and Welsh courts.

**Miscellaneous:**Any invalid provision within these Terms and Conditions will not affect the validity of the remaining terms. Failure to enforce any right or provision does not constitute waiver unless acknowledged in writing by The SMART Repair People. These Terms and Conditions constitute the entire agreement between the Repairer and The SMART Repair People, superseding all prior communications. Notices or communications will be provided through the Platform, email, or other appropriate means. Assignment of rights or obligations under these Terms and Conditions requires written consent from The SMART Repair People. All intellectual property rights remain owned by or licensed to The SMART Repair People.

By utilising our platform, you agree to adhere to these Terms and Conditions, ensuring a seamless experience in accessing vehicle repair services through The SMART Repair People.

Terms and Conditions for Garages using our platform:

The SMART Repair People’s Role and Responsibilities

The SMART Repair People operates a vehicle repair directory and marketing platform that connects customers with independent garages.

Our role is limited to promoting your business, displaying your profile and services to potential customers, and providing tools that allow customers to contact or enquire with you either directly or through our platform.

We do not act as an agent for the garage, do not provide quotations on the garage’s behalf, do not enter into contracts for repair services on behalf of the garage, and do not collect payment for repair work carried out by the garage.

Garage MembershipAccess to the platform is provided through either:

  • A paid monthly membership subscription; or
  • A free membership plan, subject to any limitations advertised by The SMART Repair People from time to time.

Membership fees are payable in advance and will automatically renew unless cancelled.

The SMART Repair People reserves the right to change membership pricing, features, or plan limitations upon reasonable notice.

Garage ObligationsBy listing your business on our platform, you agree that:

  • All information provided is accurate and kept up to date.
  • You hold all necessary licences, permissions, insurance policies, and qualifications required to carry out vehicle repair services.
  • You will maintain professional standards when dealing with customers introduced through our platform.
  • You will respond to customer enquiries within a reasonable timeframe where possible.
  • You will ensure any pricing, estimates, or quotations provided directly to customers are fair and accurate.

You are solely responsible for any contracts, quotations, invoices, warranties, guarantees, repair work, and customer communications relating to services you provide.

Customer RelationshipsAny agreement for repair services is entered into directly between the customer and the garage.

The SMART Repair People is not a party to that agreement and accepts no responsibility for:

  • Repair quality.
  • Pricing disputes.
  • Payment disputes.
  • Delays in service.
  • Vehicle damage.
  • Warranty claims.
  • Any other dispute arising between the customer and the garage.

PaymentsThe SMART Repair People does not collect payment for repair work carried out by garages.

The garage is solely responsible for:

  • Quoting customers.
  • Collecting payment.
  • Issuing invoices and receipts.
  • Managing refunds where applicable.
  • Handling any payment disputes.

Membership FeesMembership fees are payable regardless of the number of enquiries, leads, or bookings received.

The SMART Repair People does not guarantee any minimum number of enquiries, customers, bookings, or revenue.

Membership fees are generally non-refundable once paid, except where required by law.

Profile ListingsThe SMART Repair People may display information including, but not limited to:

  • Business name.
  • Business description.
  • Services offered.
  • Coverage areas.
  • Customer reviews.
  • Images and branding supplied by the garage.

We reserve the right to edit, suspend, reject, or remove listings that contain inaccurate, misleading, offensive, unlawful, or inappropriate content.

Suspension and TerminationThe SMART Repair People reserves the right to suspend or terminate any garage account at its discretion, including but not limited to situations involving:

  • Breach of these terms.
  • Customer complaints.
  • Misleading business information.
  • Failure to maintain appropriate insurance.
  • Conduct likely to damage the reputation of The SMART Repair People.

Garages may cancel their membership at any time. Cancellation will prevent future renewals but will not normally result in a refund for any current billing period.

Dispute ResolutionAny dispute regarding repair work, pricing, warranties, or payment must be resolved directly between the garage and the customer.

The SMART Repair People may, at its sole discretion, assist in facilitating communication between the parties but accepts no liability for the outcome of any dispute.

Warranty and LiabilityThe garage is solely responsible for all repair work carried out and any warranties or guarantees offered.

The SMART Repair People accepts no liability for:

  • Repairs performed by garages.
  • Customer losses arising from repair work.
  • Warranty claims.
  • Vehicle damage.
  • Personal injury.
  • Any consequential or indirect losses.

Data Protection and PrivacyBoth parties agree to comply with applicable data protection legislation, including the UK GDPR and Data Protection Act 2018.

Customer information received through the platform must only be used for legitimate business purposes relating to the customer’s enquiry or repair.

Governing LawThese Terms and Conditions are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

MiscellaneousAny invalid provision within these Terms and Conditions will not affect the validity of the remaining provisions.

Failure by The SMART Repair People to enforce any provision shall not constitute a waiver of that provision.

These Terms and Conditions constitute the entire agreement between the garage and The SMART Repair People and supersede any previous agreements or understandings relating to the platform.

These terms & conditions were last updated: 01/03/24