Terms of Service
Terms of Service
Variants to these terms of service...
- Version 2.6 - Valid from 12-07-19 to [current]
- Version 2.5 - Valid from 20-04-19 to 11-07-19
- Version 2.4 - Valid from 05-03-19 to 19-04-19
- Version 2.3 - Valid from 18-11-18 to 05-03-19
- Version 2.2 - Valid from 16-06-18 to 17-11-18
- Version 2.1 - Valid from 06-01-18 to 15-06-18
- Version 2.0 - Valid from 24-12-17 to 05-01-18
- Version 1.0 - Valid from 01-05-17 to 23-12-17
Introduction to these Terms
These are the current terms service of service. All bookings and appointments made with the mrStat.co.uk service will be subject to these terms of service. Where these terms of service are superceeded, the terms of service active on the date of booking confirmation shall be applied, a historical log of all terms of service will be made available on this page for reference purposes.
mrStat.co.uk, Mr Stat and the mrStat typography is owned and operated by D. Mitchell, a sole trader based in Hertfordshire [SG76EY]. For clarification purposes the term "mrStat" used throughout this document will refer to the services available at mrStat.co.uk and those services offered by D. Mitchell inline with the mrStat brand.
Contents of These Terms
- Supply of goods
- Appointments, access & timekeeping
- Appointment duration & activities
- Rubbish & defunct equipment
- Damage to homes and/or persons
- Existing services
- High Risk Activities
- Gift & Discount Vouchers
- Gas Safe Registration
- Data protection
Supply of goods
Materials supplied by mrStat can be split into two categories; products and consumables, warranty for products and consumables varies and more information can be found in the relevant sections below. Materials supplied by mrStat remain the property of mrStat until full payment for such materials and works have been made. Payment must be made in full prior to the transfer of ownership. In the event of non-payment, materials supplied by mrStat must be returned in the same condition to which they were supplied, if this is not possible due to installation of such materials, payment to the value of the materials at their current recommended retail price shall be due and this may be obtained via legal procedures in addition to costs of recovery and any applicable labour rates plus fees as detailed in the section regarding payment below.
Appointments, access & timekeeping
Appointments can only be made by persons over the age of 18. Where an appointment is made by mrStat, this appointment will be confirmed via email. Once a confirmation email has been sent, mrStat will be liable for attending such an appointment unless the client is informed prior to the given arrival window of such an appointment is due to begin. In the event that an appointment cannot be upheld and where mrStat has informed the client of this action prior to the window for the appointment, no monies or compensation will be owed. In the event that an appointment cannot be upheld and where mrStat has not informed the client of this action prior to the window for the appointment, a compensation amount of £25 will be payable to the named client on the appointment booking except in the event that an address cannot be found or does not exist. No additional compensation may be claimed. Claims should be submitted in writing via email to firstname.lastname@example.org including the booking reference.
Where mrStat attends an appointment at an allocated time and is unable to gain access for any reason, a message will be sent to the mobile phone of the person who booked the appointment informing them of failed access. No charge will be applied. In the event that an appointment is then rescheduled and a further visit is made where no-access can be gained, the full fee of the agreed service will become payable prior to any additional visits being organised or attempted. This payment will be non-refundable and on receipt a third visit will be organised and attempted. In the event that a third visit is attempted without access, no additional visits will be made to the property and no funds will be returned.
There must be an adult (Person above the age of 18) at the property for the duration of the visit. This person must have decision making abilities and permission to agree works or ammendments prior to proceeding. Where there is no person above the age of 18 or a person that does not have permission to make decisions is present, a no-access will be recorded against the property.
Where an appointment is made through the online booking system at mrstat.co.uk the appointment will not be considered as confirmed until an email has been sent to the booking party. mrStat reserves the right to ammend any booking and/or appointment up and until the start of the appointment window. In the event that an email is not received by the booking party, it is the responsibility of the booking party to contact mrStat to inform mrStat of the issue. No responsibility can be taken my mrStat for non-received emails or messaging.
Parking must be provided by the client, where parking is unavailble any associated costs with parking will be the responsibility of the client in addition to any other fees due, this is to include but shall not be limited to day permits, pay by phone parking, pay and display parking, penalty charge notices for yellow line and loading bay contraventions received at time of visit or post visit (Within 28days). mrStat reserves the right to cancel appointments without penalty where no adequate parking is provided. Adequate parking shall be considered as legally permitted parking within 20mtrs walking distance of the front door of a property.
Appointment duration & activities
Due to the nature of the work involved, no guarantees can be made as to the total duration for any visit. Where possible a guidline indication of the duration will be verbally issued on inspection of the work. Where this work takes longer or where the consenting party does not agree with the duration of the booking and wishes to cancel the appointment, a no-access will be recorded against the property.
The work undertaken by mrStat may include noise making processes and may require access to every part of a property. Where this is not possible, not practical or restricted, mrStat reserves the right to reschedule an appointment to a more suitable time. A no-access may be recorded against the property in this instance at the sole discrection of mrStat.
mrStat will endeavour to clean all mess created by the works agreed and will limit where possible debris, noise and rubbish, however no liability is taken for dust, debris and rubbish left behind and the areas of work may need wiping down or hoovering on completion.
Where holes are made, materials removed or damage incurred to a property in order to complete the works agreed, no decoration, making good or repair will be offered or be the responsibility of mrStat. The booking party and/or the person(s) allowing access on the day acknowledge that due to the nature of work, minor repairs may be neccessary on completion to which they will be responsible for.
During works, electrical supplies, heating, hot water and in extreme circumstances water supplies may be interrupted. No compensation for interruption of services will be made available. mrStat will be liable for re-instatement of such services on completion of the works (See "Existing services" for additional notes).
All advice offered by mrStat is done so in good faith. It is ultimately the client's responsibility to undertake their own research and come to their own conclusions as to the products being requested for installation.
Where advice is offered by mrStat for the purposes of fault identification and rectification, it is acknowledged by the client that all repair prices offered will be an estimate and subject to change. As repairs are carried out it is possible that additional issues may be identified and where encountered there may be additional charges which will be agreed with the client at the earliest opportunity, where the client does not agree to rectify further issues, no liability by mrStat can be taken in the event that the repair can be satisfactorily made, the original advised work will remain chargeable.
In the event that a client wishes to proceed with work whereby mrStat has advised against completing the work, mrStat reserves the right to refuse and where work is completed against the advice offered, mrStat shall not be held liable for any outcomes.
Rubbish & defunct equiptment
Where controls or accessories are removed from operation during the works, the responsible party will be given the option to keep such items. In the event that they decline, these items will be considered as waste and removed from site for disposal.
Where cables, clips, screws and miscellanious debris are removed during the works, these items will be considered as waste and removed from site for disposal. The responsible person must inform mrStat in the event that they wish to keep these items.
All items classified above as "waste" will be removed from site and disposed of via green means, where possible mrStat will arrange for and pay for recycling of all such items by an approved waste carrier. Once removed from site, waste items will be considered the property of mrStat until such handover to a waste carrier whereby all ownership rights shall transfer to the arranged waste carrier. No items can be returned or will be compensated for once removal has taken place.
mrStat holds a waste carriers license which can be viewed here.
Damage to homes and/or persons
mrStat will carry out works with the greatest of care and inline with current health and safety guidance, however due to the nature of the works involved, live testing is not always avoidable. Whilst works are being undertaken control and equipment covers may be removed and may not have power, mrStat will inform all occupants of risk points and no responsibility can be accepted by mrStat for injuries incurred at indicated risk points.
In the event that a person or home becomes damaged by improper procedures employed by mrStat, a limitation of liability to the value of £1000 will be imposed. In the event of accidental damage to person(s) and/property occur where such an accident is not due to neglect of care on the part of mrStat, this limitation of liability shall be reduced to the value of no more than twice the original quoted value for the works to be carried out and no more than £1000.
mrStat will utilise dust sheets, shoe covers and appropriate property protection methods, where this is not possible or restricted by the client, no liability for damages, accidental or not, will be acknowledged.
In all instances, mrStat will not be held liable for damages to paintwork, carpentry, floor coverings, wall coverings, decorative features or items of similar nature where damage is inflicted in order to complete the tasks required to complete the works.
It is the client's responsibility to ensure the working area for mrStat is sufficiently clear from personal effects. The client acknowledges that any damage to personal effects except where caused by negligence on behalf of mrStat will not be compensated for. Where compensation for neglect is owed, it shall be limited to twice the value of the works agreed.
Works carried out by mrStat may include works to the electrical circuits, heating system, hot water system and potentially the plumbing within a property. These services must be in a safe, well maintained condition prior to works being requested by the booking party. In the event that an installation is not considered to be of a satisfactory standard, mrStat reserves the right to refuse or discontinue with the works.
In the event that mrStat identifies an unsafe situation as defined by the Gas Installation & Use Regulations currently enforced or whereby an electrical installation is deemed unfit for operation, the unsafe components and where applicable it's associated services may be disconnected and/or rendered safe. mrStat will accept no liability for the loss of service and will not be liable for the rectification, replacement and/or repair of such item(s). Where works have been completed but due to inherent safety risks present the associated equipment cannot be re-instated, the full balance for works will remain payable. Where works cannot be completed due to an inherent safety risk is present, no charge will be due and it is at mrStat's sole descretion whether to treat the visit as a no-access.
Due to the nature of the work involved, it is rare but possible that appliance(s) in particular heating appliance(s) and associated controls can be damaged or be highlighted as faulty during the works. No liability for the repair and/or replacement of components and/or appliances will be accepted by mrStat and where works have been deemed as complete by mrStat, any amounts owed will become due. In the event that works cannot be completed, it shall be at the descretion of mrStat as to whether or not payment is owed or whether a no access charge should be applied to the property.
The technology and service(s) deployed by mrStat may alter the way a system works. It is accepted by the booking party that they have conducted their own research into the technology which is to be installed and they accept liability for any outcome. Where a client is not entirely satisfied with the works completed by mrStat but this can be attributed to the functionality of the equipment installed and where any such equipment has been installed to the manufacturer's instructions, no liability can be accepted by mrStat.
High risk activities
Where works being carried out are considered high risk (Converting low pressure to high pressure, powerflushing, work in restricted places [Underfloors or in walls], etc), mrStat is unable to accept liability for existing services not functioning correctly on completion or from leaks being created. Where possible, mrStat will repair or replace as needed any existing services that fail at the time of the visit at an additional charge, however any damages caused will not be considered as negligent and mrStat will not be held liable for any subsequent repair works.
mrStat reserves the right to request a deposit for any works prior to attendance. Deposits will be refunded in the event that the client wishes to cancel the works and notification to mrStat in writing (Sent to email@example.com) is received by mrStat 24hrs in advance of the appointed window of arrival or where mrStat has declined the works for any reason except where a no-access charge has been applied to a property (See Appointment and Access terms above).
Where a deposit is requested for the purchase of special order materials or larger volumes of stock and the works are cancelled for any reason, mrStat reserves the right to deduct upto 15% of the total materials value of the job to cover restocking fees applied by merchants, this fee can vary from merchant to merchant. No restocking fee will be applied in the event that mrStat cancels the appointment.
Where monies are owed on completion of the works, payment is preferred via chip and pin credit/debit card or cash. No other forms of payment will be accepted except Crypto Currencies where additional information is outlined within the Crypto Currency page. All monies owed will be due at the time of completion. Where monies are not paid in full at time of completion, a charge of £15 will be applied to cover post payment administration along with 8% interest plus the Bank of England base rate on the total amount owed added each additional week that the balance remains unpaid. Where legal action is undertaken, the booking party will be liable for full payment along with all costs incurred by mrStat in undertaking the debt recovery process.
When payment in full or part is to be made via a Crypto Currency, details of additional requirements will be displaid on the Crypto Currency information page. Due to the volatility of Crypto Currencies, this method of payment varies day by day and is subject to editing at anytime. mrStat reserves the right to withdraw Crypto Currency acceptance at anytime without notice, however any monies paid via this method will be held inline with the agreement laid out on this page at the time of the transaction.
Where pre-agreed, credit may be available. It is the booking party that is responsible for all costs and where payment terms are not adhered to, a non-payment administration charge of £15 will be applied along with interest at a rate of 8% plus the Bank of England base rate on the total owed balance added every week that the balance remains outstanding from the default date of the credit being agreed to be settled. Where legal action is undertaken by mrStat, the booking party acknowledges they will be liable for all costs incurred by mrStat to carry out the debt recovery process.
Where payment is not possible due to a technical or network failure with the payment processor, cash payment should be made available, however mrStat will work with the booking party to settle the debt with no additional costs to the booking party being applied, this is offered at the sole descretion of mrStat and may result in a verbal credit agreement to settle the balance at a later date within a set time period.
Where the booking party does not have the means to pay for works undertaken by mrStat at the rate agreed prior to works commencement, mrStat reserves the right to remove all supplied materials from the property, no expectation should be made that any services interrupted through the works will be re-instated and mrStat shall not be held liable for costs incurred by the booking party for re-instatement where no monies have been paid.
Gift & Discount Vouchers
From time to time mrStat will offer discount vouchers through social media, face to face marketing and through the mrStat.co.uk service. Discount vouchers and codes may be withdrawn at anytime and will have an expiry date issued on the voucher receipt. Expired vouchers will not be accepted. Some vouchers will be issued in a unique fasion to prevent sharing, once a unique voucher has been claimed, no additional discount will be offered, voucher validity will be authenticated by mrStat as the sole decision maker. Only one discount voucher may be used per transaction.
Promotional business cards have no expiry date and may be freely shared and distributed. Promotional business cards entitle the bearer to a £5 discount on the final value of works. So long as the business card has been legitimately provided by mrStat, these cards may be used in conjunction with other discount vouchers and will be treated as a cash payment to the value of £5. mrStat shall be the sole arbitrator as to whether or not a card is valid. In the event of refund, no cash value will be returned in replacement on a promotional business card discount. Only one promotional business card will be accepted per transaction. The bearer of the promotional business card will be required to surrender the card when taking advantage of the discount provided. No photocopies or reproduced cards will be accepted.
For the purpose of clarification, a product is defined as the primary device and/or component and the item described to be installed or worked upon for the works requested of mrStat. An example of a product will be "Nest", "Hive", "Tado", "Lyric", etc... Consumables supplied shall be defined as materials required to install or repair the product to the manufacturer's requirement such as "Cable", "Fuses", "Connector Blocks", etc... All materials supplied are subject to individual warranty specifications which are detailed further below.
Unless otherwise specified prior to sale, the warranty period offered by mrStat shall be no more than 12 months from the date of installation. Warranty provided by mrStat is offered during normal mrStat working hours inline with appointments and availability as defined within the online booking system.
Under no circumstances shall mrStat be held liable for loss of service due to a warranty defect arrising and no financial compensation shall be offered. Where a warranty defect is reported and it can be attributed to a second party, mrStat reserves the right to terminate any warranty offered and this will be given in writing to the client within an agreed period of the interference being identified.
Products are covered by manufacturer warranty, in the event that a product becomes defective or is believed to have become defective by the client, mrStat will offer one support visit to diagnose and one support visit to replace a confirmed defective unit within 12 months of the product's date of installation without charge to the client. Further visits will be charged inline with the standard repair and diagnostics pricing scheme. Replacement units will always need to be supplied by the manufacturer. Please see specific manufacturer warranty documents for further information on manufacturer policy.
Consumables supplied by mrStat shall be covered by 12 months warranty from the date of installation. In the event that a consumable becomes defective, mrStat will replace any supplied faulty consumables without charge to the client within this warranty period.
mrStat will honour manufacturer instructions and guidelines as published on the date of installation along with current legislative guidance where applicable. Any defects that arrise through faulty workmanship or installation practices identified within 12 months of the date of installation will be rectified by mrStat without charge. Where a defect is identified due to incorrect manufacturer advice or insufficient manufacturer data is available, workmanship warranty will be offered at the sole discretion of mrStat.
mrStat carries public liability insurance to the value of £2,000,000, a copy of the insurance certificate can be located here. In the unfortunate event of a claim being made on this policy, mrStat will be liable for any excess charges. mrStat agrees to keep this policy or one of a similar nature active throughout the sale, installation and warranty period applicable to each client.
Gas Safe Registration
mrStat is registered with Gas Safe, verification of this can be seen here. This registration permits mrStat the ability to work on gas burning appliances inline with the qualifications held by the operative D. Mitchell. As part of this registration, mrStat is bound by law (The Gas Act and Gas Installation (and Use) Regulations) to address safety issues with gas burning appliances and supply pipework. There may be a charge for correctional work, however making safe will not be charged.
Where an unsafe gas installation or appliance is identified, mrStat will inform the client(s) as required and follow the appropriate procedures to render the installation or appliance safe. No liability for the re-instatement of the appliance or installation can be accepted by mrStat. All costs in rectifying safety issues shall be born by the client(s) and responsible person for the appliance or installation.
If a client is not satisfied with the safety of workmanship offered by mrStat, please contact me immediately, if you smell gas or are feeling unwell, please contact the Gas Emergency Service on 0800111999. Complaints to the Gas Safe Register can be made here, in the event of a complaint, immediate action will be taken by mrStat to recitfy any issues. mrStat may appoint a 3rd party to investigate and recitfy any issues at it's sole descretion.
mrStat requires personal data to be supplied by the client to enable works to be booked, planned and carried out. This data includes name, address, contact details and financial data. This data is collected exclusively for the purpose of undertaking work requested by a client.
Data is held by mrStat for a period equating to that of the warranty offered by the manufacturer of the product. Where a product is not subsequantly installed, data shall be held for a period of 12 months from last received contact from a client. Clients are welcome to have any data held by mrStat revealed or removed at any time by making a request to firstname.lastname@example.org, please allow 48hrs for data to be collected and processed.
mrStat uses data gathered exclusively for carrying out it's day to day operations. All data is securely stored in encypted databases with intrusion protection and tracking software. mrStat employs 3rd party persons to probe and test the network hosting data on a regular basis. Where a data breach is identified, all effected clients will be contacted immediately.
Last known/identified data breach: Never
Last data security test: 10-07-19 by M. Sharpe
In order for mrStat to operate, additional parties are used to provide services and additional connectivity. mrStat only shares relevant data to such parties in order for them to provide the service offered. mrStat routinely reviews data protection policies by it's suppliers and agents in order to ensure their compliance, however no liability can be accepted for loss of data within 3rd party organisations. mrStat will never knowingly market or share data of clients with any third party for any reason other than to provide the service as advertised. mrStat currently employs the following agents:
- DigitalOcean - Anonymous data
- Google Analytics - Anonymous data, may set cookie to identify repeat visitors
- Google Mail - Email address and any data contained within emails
- CloudFlare - Anonymous data, may set cookies to authenticate high risk visitors
- Google Apps - May set cookie for reCaptcha box to prove a human over an automated access script
- Amazon AWS - Amazon AWS, stores encrypted backup of all data
- GetAddress - Address, used for verification of real addresses and address lookup
- MessageBird - Phone number and data contained within text messaging
- AQL - Voice data, phone data obtained from incomming & outgoing phone calls
- EE - Voice data, message data obtained from incoming & outgoing phone calls and messages
- Yay.com - Voice data, phone data obtained from incomming and outgoing phone calls
- TrustPilot - Email, name, payment receipt (Address removed) and order number to allow feedback of the mrStat service
- HMRC - Name, payment receipt (Including address) for tax purposes
- Inuit - Order number, payment amount and relevant dates for income tax purposes
- SumUp - Name, payment card data used to process card payments
- CoinBase - Wallet data used to process Crypto Currency payments
- Monzo - Payment handler for transfer of funds in GBP
- PayPal - Name, address, financial data used during online sales
- GasSafe Register - May request name, address and contact details to undertake audits of mrStat workmanship
- URI Ports - IP address and browser features. Semi-anonymous data used for tracking errors with the mrStat platform
- SolarWinds - IP address and browser information may be passed over for log analasis to enable error tracing and security auditing
In addition to the above agents. mrStat may share data with the product manufacturer (Nest, Hive, Drayton, etc). mrStat will only knowingly share data when an agent requests and proves through authentication they have a need for such data.
mrStat takes data protection seriously and would like to remind clients that smart products by their nature share additional data with the manufacturer and they must make sure they are happy with such data and that data is being used in an appropriate fasion. Any concerns should be raised with mrStat via email at email@example.com. It is the clients responsibility to ensure they are happy with the privacy policies of the manufacturer of the smart product selected.
On completion of all works, mrStat will inform TrustPilot of the fact that works have been completed. TrustPilot will contact every client within 7 days of completion to request a review of my mrStat service. If you do not wish to receive this communication, please let me know either by email at firstname.lastname@example.org or by adding a note to the booking when the booking is made.
By accessing the mrStat website, you acknowledge that cookies will be set in your browser to allow the website to function correctly. Cookies never hold personally identifiable information and data set is only used for providing automation through the website such as tracking discount and promotional data, booking data and where appropriate to allow tracking of how you found the mrStat website to enable mrStat to track the performance of it's referrals and advertising channels. None of this data is required for the site to function and user's should feel free to switch cookies off within their browser.
When calling mrStat on 01462607080 it should be noted that calls are recorded. Calls are recorded exclusively to allow improvement of the service and to help improve accuracy of data and advice. Call recordings are held for 30 days from the receipt of the call, except where a subsequent booking is made, in which case the call recording will be held for 30 days from the date of booking completion (Ie; 30 days from the date that the works are subsequently carried out). If you do not want your call recorded, please inform mrStat when you call and this feature will be disabled.
In the event that you are unhappy with the service offered or received from mrStat, please contact mrStat immediately at email@example.com describing your issues. mrStat takes complaints seriously and will attempt to work with you to resolve the issues in a timely manner. Where required, mrStat reserves the right to engage a third party to resolve the complaint. Where a third party is instructed to undertake the complaint on it's behalf, all costs in resolving the complaint will be born by mrStat.