1. General Overview & Company Details
These Terms and Conditions govern the provision of design, supply, installation, and programming services for smart home and commercial building automation systems by Evergreen Smart Spaces.
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Company Name: Evergreen Smart Spaces
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Registered Address: Rathbones, 4th Floor Port of Liverpool Building, Liverpool, L3 1NW
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Contact Person: Christopher Deans
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Telephone: 07903 410 433
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Website: www.evergreensmartspaces.co.uk
By accepting a quotation or engaging our services, you agree to be bound by these Terms and Conditions.
2. Definitions
Business Day: a day (other than a Saturday, Sunday, bank holiday, or public holiday in the United Kingdom).
Client: "The Client", "You", "Your" refers to the individual, firm, company, or other party purchasing Goods and Services from the Company.
Company: "The Company", "We", "Us", and "Our" refers to Evergreen Smart Spaces.
Content: means any material in any form published on Our Website by us or any third party with our consent.
Contract: includes an order that has met the satisfaction of being complete by the Client whereby a contract has been formed between Us and the Client to acquire Goods. An agreement for the purchase of Goods. Any form of Contract in the traditional sense.
Currency: the currency in which the price of the Goods and Services are sold in and is to be paid in (whether GBP £ or EUR € or another currency, as specified by the Manufacturer in a quote, invoice, pro forma, on Our Website or elsewhere.
Force Majeure: an event or circumstance beyond a party’s reasonable control.
Goods: "Goods refers to any hardware, equipment, materials, or software supplied by the Company.
Manufacturer: "The Manufacturer" refers to Loxone Electronics GmbH, its subsidiaries, or any other third-party manufacturer of hardware or software supplied by the Company. The Company is an independent, certified installation partner and is not the Manufacturer.
Services: "Services" refers to the design, installation, programming, commissioning, and maintenance services provided by the Company.
User: refers to anyone visiting or using our website and are therefore bound to terms and conditions such as our Cookie Policy or Privacy Policy, whether a Client or not.
Website: means any website of ours, and includes all web pages controlled by us.
The definitions are not exhaustive and are provided to aid in the interpretation of these Conditions.
3. Quotations & Scope of Works
3.1 Validity: All quotations provided by the Company are valid for a period of thirty (30) days from the date of issue unless otherwise stated in writing.
3.2 Scope of Works: The specific Services and Goods to be provided will be detailed in the accepted quotation or project proposal. Any items not explicitly listed in the scope of works are excluded.
3.3 Variations: Any additions, alterations, or variations to the agreed scope of works must be requested in writing. The Company reserves the right to adjust the project costs and timelines accordingly before proceeding with the varied works.
3.4 Unforeseen Site Conditions: If during the installation process, the Company encounters hidden or unforeseen structural, electrical, or environmental issues that require additional work, the Client will be notified immediately. Any additional costs incurred to rectify these issues will be borne by the Client.
4. Payment Terms & Retention of Title
4.1 Milestone Payments: Due to the nature of construction and technology integration, projects are invoiced in staged milestone payments. Unless a bespoke schedule is agreed upon in writing, the standard payment schedule is as follows:
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10% Deposit / Mobilisation: Required to secure project dates and release technical schematics for the first fix.
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40% First Fix / Hardware: Invoiced upon the commencement of first fix cable routing to ensure the system is ready for the second fix and to fund hardware procurement.
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40% Second Fix / Commissioning: Due for the second fix and system commissioning.
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10% Final Handover / Retention: Due upon project completion and final handover.
For integrations exceeding £30,000 (ex. VAT), the Company reserves the right to implement a bespoke, multi-stage payment schedule. This ensures cash flow aligns safely with extended build timelines and phased hardware procurement. Any custom terms will be detailed and agreed upon prior to project commencement.
4.2 Payment Due Dates: All invoices must be paid in full within 14 days of the invoice date, without deduction or set-off.
4.3 Retention of Title: Risk of damage to or loss of the Goods shall pass to the Client upon delivery to the site. However, legal and beneficial title to all Goods supplied shall remain with the Company until full payment of all sums due under the contract has been received in cleared funds.
4.4 Late Payments: The Company reserves the right to suspend all Services, including software programming and site visits, if any payment is overdue.
6. Warranties
& Liability
6.1 Workmanship Warranty: The Company guarantees its installation workmanship for a period of twelve (12) months from the date of final commissioning. This covers physical installation defects directly caused by the Company.
6.2 Manufacturer's Hardware Warranty: The Company does not manufacture the hardware. All Loxone and third-party Goods are supplied with the benefit of the Manufacturer's standard warranty. The Company will assist the Client in facilitating hardware warranty claims, but the ultimate responsibility for hardware repair or replacement lies with the Manufacturer.
6.3 Exclusions of Liability: The Company shall not be held liable for system failures, performance issues, or damages arising from:
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Third-party Internet Service Provider (ISP) outages or local network drops.
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Software, firmware, or app updates pushed directly by the Manufacturer (Loxone) post-commissioning.
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Modifications, tampering, or physical damage caused by the Client or other third-party contractors.
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Force Majeure events, power surges, or environmental damage.
7. Data Protection
& Privacy
7.1 UK GDPR Compliance: The Company complies with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Personal data collected during the project will only be used for the purpose of fulfilling the contract, system administration, and necessary communication.
7.2 Network Credentials: In order to program and maintain the system, the Company will require temporary or ongoing access to the Client's local network and system credentials. The Company handles all such security data with the strictest confidentiality and will not share this access with unauthorized third parties.
7.3 Remote Access: If agreed upon, the Company may maintain remote access to the Client's system solely for the purpose of ongoing maintenance, diagnostics, and support. The Client retains the right to revoke this access at any time.
We do not share or allow access to your information by any third party, except where required by law or when business activities have been conducted directly with you. Any data we have on record is kept on private and secure servers owned by Evergreen Smart Spaces and not on any shared third party server.
Your information will only be used in the normal conduct of our business activities, therefore reducing your data footprint and risk of exposure.
We constantly and actively protect your data against active threats and malicious attempts of access.
We only hold the absolutely necessary personal information (stricter than GDPR regulations) required to contact you in the conduct of our regular business activities.
8. Governing Law and Jurisdiction
These Terms and Conditions, and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.
9. Cookie Policy
We use cookies to potentially personalise content, to provide social media features and to analyse traffic to our site. Cookies are small text files that can be used by websites to make a user’s experience more efficient. The law states that we can store cookies on your device if they are strictly necessary for the operation of this Site. For all other types of cookies, we require your permission. Users may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, please note that some parts of the Site may not function properly.
10. Device Policy
We may also collect certain data automatically from your visit to our Website or use our services. This may include (but is not limited to) some or all of the following:
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How you connect to the internet (including IP address)
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How you engage with our site
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Screen resolution, browser data stored on your device (such as cookies), information about the device software you are using such as internet browser and location data (city, region of the IP address you used when accessing our services).
Contact
Monday to Friday - 9am to 5pm
HOW CAN WE HELP?
We look forward to
hearing from you.
Opening Hours
Saturday - By appointment only
07808 123 456
