This is Agreement is governed by English Law.
We will not be liable to you for any failure to perform our obligations under this Agreement where that failure results from any cause outside our reasonable control, including but not limited to natural occurrences, disruption of power supplies, the action of third parties or industrial action or Covid-19 or similar disruptions.
a)Any contract or agreement to do work made between you and us shall be subject to these conditions, and any terms you put forward do not apply.
b)All other terms and conditions which might be implied by conduct or a previous course of dealing or trade custom are excluded from this contract.
c)No amendment or change shall be made to these conditions.
Our estimates provide a best guess price only and is subject to change depending on items found or variations with works requested. However we will always do our best to keep as close to the original estimate. Where items are found that were Our quotation provides an indication to you of the items on which you may place an order, but no order from you as a result of a quotation (or otherwise) shall be binding upon us unless and until it is accepted or confirmed by us.
A quotation is made on the assumption that the work requested is reasonably capable of being carried out. If on inspection this is found in our opinion not to be the case, we will advise you to this effect as soon as reasonably practicable, and may offer you a reconditioned or new substitute on terms to be agreed. If you give a general instruction for repairs without specifying the particular service or replacement parts, we will be entitled to carry out such repairs or, modifications or service as in our opinion are necessary to put the Customer's Equipment in good working order, and to make an appropriate charge for the work and parts provided.
Provided your order is placed within thirty days of the date of the quotation, the price contained on the quotation shall be fixed unless the quotation states otherwise. If your order is not placed in that period, then if any change shall occur after that in the costs of any materials, labour, transport or other items, including overheads, which we have to pay or incur for the performance of the Contract, then you will pay the resultant price.
If delivery and performance are postponed at your request or by circumstance within your control you will pay all resulting costs and expenses we incur.
We will charge for all work carried out at your request, whether exploratory or otherwise and, in particular, we reserve the right to instruct out employees or agents to work overtime to comply with your delivery requirements in which case we may charge you the cost of such overtime.
We accept that we are liable for any death or personal injury resulting from our negligence or the negligence of our employees or agents acting in the course of their employment. In relation to defects in goods sold to you by us, we may also be liable under the Consumer Protection Act 1987 or equivalent legislation, but only to the extent that such liability cannot lawfully be excluded.
Apart from our agreement to rectify any defects or errors in the Services as set out according to our Warranty terms and to replace or repair the Customer's Equipment where there is loss or damage to goods in transit as set out according to our Transportation terms:
Our maximum liability to you for the direct loss or damage, either under this Contract or arising from any act or omission, including negligence, will not exceed the total amount paid by you under this Contract, or such higher sum as a court may specify as reasonable up to a limit of £10,000; and
We will not be liable to you under any circumstances for any indirect or consequential losses (including for example, loss of Contracts or loss of profits of production).
The limitations and exclusions in this paragraph apply to any claim, whether in
contract, tort (including negligence), breach of any statutory duty or implied term or any other claim, except any liability for death, personal injury or defects in goods supplied to you by us as set out above.
The limitations and exclusions in these conditions reflect the value of this Contract to us and are considered to be reasonable. If you require us to accept greater liability we may be prepared to do so subject to agreement of an additional charge to reflect the increased risk and cost of insurance to us.
If the Services are to be carried out on your premises or at your request at some other site we will need free and safe access to the customer's equipment, together with proper and safe storage and protection of all goods, tools, plant and equipment and materials we have on site. We may also require additional facilities to carry out the Services such as electricity. You will observe and comply with the latest Health and Safety at Work Legislation and ensure that the site is safe and without risk to the health and safety of all persons working there; and you will hold us harmless against all legal and regulatory proceedings, costs and charges in respect of your failure to do so.
ALL WORK - pre-planned, emergency or ad-hoc will be subject to the terms and conditions stated below unless otherwise agreed beforehand in writing. A written scope of works will be provided for larger, complicated, or planned works and this will detail the specifics relating to any particular job. We can produce full design packages including drawings and calculations where required using CAD & Cymap software along with good construction & electrical practice.
You may be able to reduce costs by cutting the time we need to spend preparing for the work, for example by moving furniture out of the way before a rewiring job. On rewires it is expected that all areas will be clear of furniture and that suitable protection has been used to reduce risk of damage and dust.
All electrical installation work will comply with BS7671: 2018 and any amendments in force at the time of the works.
All electrical installation work will comply with applicable Building Regulations in force at the time of the works.
Where work is to extend or modify existing circuits, costs quoted assume that the existing nstallation is in adequate condition and complies with minimum current regulations. Any works found equired to bring the necessary parts of the existing installation up to standard will be at additional cost.
Unless stated otherwise, all cables will be concealed by chasing into the building fabric or concealed in building voids, under floors, etc. Where impracticable, cabling will be neatly surface run, either clipping direct or housed in trunking / conduit.
Where carpet or flooring coverings may require lifting to allow concealed installation work, no charge is made for this service, with best endeavours being made to avoid damaging them and to refit them to an acceptable standard. However, consideration of employing a specialist fitter may be prudent, at your cost to effect a fully satisfactory reinstatement.
Where agreed beforehand and extra charge, chases to walls, etc will be re-filled to 3mm below plaster finish depth, however final finishing of skim coat plaster and final decoration is excluded. Generally, reinstatement of chases is by others unless agreed in writing prior to works and acceptance of quotation.
All endeavours will be made to undertake installation work to a clean standard, using dustsheets and vacuum cleaning equipment as necessary. However, dust is inevitable. Where agreed beforehand and at extra charge, we can provide additional cleaning services.
The contract / quote outlines the expected duration of the installation work.
Whilst undertaking the installation work at the property, the client is required to provide water and power free of charge.
For property rewires the property must not be inhabited without prior agreement.
All downlights and pendants are assumed to be non-dimmable unless otherwise stated.
The number of downlights in any given room will be determined by the room size, joist layout, planned furniture placement either existing or provided by interior designer and other such practical factors. Where an interior designer is involved we are happy to help them to produce a lighting scheme that will bring your environment to life. Light affects us in so many ways and should always be factored into any project.
We can supply lighting to all specifications and cost points. Where specialist controls are required dimming, remote control, whole house off buttons we are happy to discuss your requirements however if this is not brought up at design stage in writing it will be assumed that standard non dimmable, standard switched controls will be used. The use of 2 way switching or more will only be installed where required by client. Where we believe
Downlights are based on fire rated GU10 LED models available with white or polished/brushed chrome bezels and with warm / natural white or cool white lamps. Samples can be provided for approval.
Lighting dimming options where specified require specialist LED dimmer switches.
Where decorative or feature lighting or accessories are to be installed, it will be up to the client booking the work to source fixtures to match their own personal tastes. I can assist with the supply of such, but the cost of such is not included in any scope of works unless otherwise stated.
Where light fittings & feature lighting has been sourced or supplied by 3rd parties, Client, Interior designer, architect etc other than mydigitalhome (A S L Tooke) . Prior to purchase details should be passed to mydigitalhome (A S L Tooke) to review and make comment as this may have an impact on the existing electrical installation or fire integrity of the property. Where items have been agreed to be purchased by others not mydigitalhome (A S L Tooke) , a responsible person approved by the Client to check all fittings against the original order and then open packaging and inspect for missing parts or carriage damage, especially with regard to parts such as glass / silk shades. Mydigitalhome (A S L Tooke) cannot be held responsible for items that have not been inspected and subsequently show signs of damage or missing component parts upon unpackaging. As we are committed to saving energy and looking after the planet if any new lighting sourced by a client doesn’t come supplied with lamps or are supplied with non LED, I can provide compatible LED lamps. Note, unless this forms part of the original client specification/ scope of works the cost of this will be at additional cost to the client.
Lighting controls –To be specified at design stage/ within client scope specification and prior to 1st fix installation. We are happy to discuss various controls from occupancy/movement sensor to micro switches being installed to the door.
The under-cupboard/worktop lighting is based on LED strip tape which can be custom cut to size and with a light colour (temperature) which closely matches the other luminaires in the room.
Wardrobe lighting is assumed to be switched on with the overhead lighting. It will have a LED driver and will be of a SELV (low voltage) type for safety. Note: particularly in wardrobes the use of a high quality LED tape/fitting is advised with the correct CRI colour rendering index to help aid in visually seeing the difference between blacks and blues etc. This can often be a problem with incorrectly specified products however this does have an additional cost implication.
Note: where LED tape is being cut into the bottom of décor panels this work will normally be carried out in conjunction with the Clients carpenter/kitchen/bedroom fitter and does not form part of mydigitalhome (A S L Tooke) scope of work unless directly specified at time of quoting. It should always be assumed that builders work has not been allowed for within mydigitalhome (A S L Tooke) scope of work.
We have many years of experience using RAKO, Control4 and other home automation and BMS (Building Management Systems). However due to the fast pace of change No guarantee is given for the operation or longevity of smart-home solutions or more importantly their ongoing compatibility with third party equipment or services.
It is expected that the manufacturer of any 'smart' technology will plan for a long product lifecycle and will keep any associated apps or services up-to-date, secure and operational. Besides the physical installation and electrical connections, ongoing technical support is not offered for any smart home equipment not supplied by mydigitalhome (A S L Tooke) or partners.
Smart home security – mydigitalhome (A S L Tooke) will not be held responsible for any security breaches to the clients network or to any piece of equipment along with any client data or internet access or product usage due to a piece of equipment supplied by mydigitalhome (A S L Tooke) . Manufacture’s continually update firmware & drivers and at times this may leave a particular item or system not working as it should. Mydigitalhome (A S L Tooke) cannot be held responsible for any loss in any way. Prior to any work starting on an existing system all access passwords to be made available to allow the work to proceed as requested by client. It is then the client’s responsibility to change/update passwords to protect their network/system. Any security system that could be affected by works being undertaken to the home automation system the client is to make suitable provision to protect their property, goods or life during such work.
All network infrastructure should be correctly designed and should follow all accepted security protocols and good practice. All passwords should be changed prior to commissioning to maintain integrity of any connected system and changed regularly. If in doubt about your security please consult independent security specialists so your installation can be appropriately tested for problems. All drivers, firmware and associated software should always be kept up to date. It is the Clients responsibility to Backup any data prior to work taking place.
Risk Assessments etc should be in place prior to works proceeding to reduce risk where possible.
Variations to the scope of works may be made at any time but may alter quoted/estimated pricing depending on the impact on time and materials. All extras and variations must be agreed in writing prior to commencement.
Any additional work not covered in our quoted costs will attract additional time charge rate of £42.00 per hour plus materials cost.
Estimates and quotes are based on calculated costs of known materials and the likely installation time. Invoice costs may vary from estimated pricing within reason or where there have been unforeseen circumstances outside of our control. Items that may impact cost is raising floorboards and delays caused by other trades or client or other contractor materials not being on site to allow work to progress.
Hours of work - Working days are based on 7.5 hours Monday to Friday which includes time for planning, packing/unpacking tools & materials and sourcing materials from suppliers when required.
Materials can be itemised on the invoicing so that you can keep track of the costs.
Working days are based on 7.5 hours which includes time for planning, packing/unpacking tools & materials and sourcing materials from suppliers when required.
Google tracking is used to determine time on site for billing purposes.
Operatives on site carrying out the physical installation may be directly part of mydigitalhome (A S L Tooke) on site or work may be undertaken by any approved sub-contractor. This is normally discussed at time of work request being accepted. This is to make sure that the appointed date(s) when work is booked can be fulfilled in the event that another project is overrunning. This to make sure that attendance to site and project schedules can be maintained so your project can proceed on time. Generally this is not an issue.
Emergency work we will do our best to get power reinstated as quickly as possible i.e fault on circuit causing tripping however if the problem is more problematic burnt out socket/motor/pump etc it may consist of getting the site into safe temporary operating use, wholly or partially until a further appointment can be made to make full and final repairs.
Where computers, home automation and security equipment such as CCTV and intruder alarms have been installed, mydigitalhome (A S L Tooke) accepts no liability for loss, injury or damage resulting from the malfunction, failure or deliberate disarming of such equipment. Burglar alarms, panic buttons and CCTV assist in crime prevention and are installed only as a deterrent, not a failsafe.
Electrical & Data cables are normally found hidden within the fabric of the building. Cables in walls to either repair or to install cables in plasterboard stud walls we may have to open them up if there is internal construction such as a noggin in the way of the wiring route. To access cables or to route cables in walls due to obstructions we may have to open up the plasterboard wall. We will make basic repairs only but they will not be invisible repairs. It will be your responsibility to engage a plasterer to make good at your expense. Where chases are made into solid walls it will be the Clients responsibility to make good all finishes unless agreement has been made mydigitalhome and that has been recorded in writing.
Modifications to or removal of existing electrical accessories either for replacement or inspection may result in minor chipping of plaster or paintwork which may require correction by third parties not accounted for in this scope of works. Mydigitalhome (A S L Tooke) operatives will always strive to minimise any decorative issues however sometimes its unavoidable any redecoration or plaster repairs will be the responsibility of the Client to repair at their cost and will not be passed onto mydigitalhome (A S L Tooke) unless agreed in writing beforehand.
Where carpeting or wood flooring is to be lifted, every effort will be made to avoid damage and refit to an acceptable standard, however a professional may be required to refit.
Wall chases will be left unfilled.
Drilling of brickwork may result in ‘blowing’ of the brick face. This will be avoided where possible and covered over with an aesthetic solution afterwards if necessary.
Every effort will be made to minimise dust, however sensitive or valuable items should be removed from the working area or covered by the client to their own satisfaction before work commences.
Basic tidying and vacuuming will occur at the completion of work, but additional wiping down, especially of food preparation surfaces, should be undertaken by the client once the site has been vacated.
Repairs to decorative finishes such as wall chases is outside of the scope of works and may require professional attention.
New accessories may not match the footprint of old resulting in painting or other decorative finishing being required which would be outside of the scope of our works.
All work where applicable, will be executed fully in compliance with applicable Building Regulations and BS7671 in force at the time of the work, particularly in respect of work in dwellings to allow the legal Part P obligations to be met. Where a deviation from such regulations, a written instruction and record will be required.
Special Note: Approved Document S (EV Charging) Where you are carrying out major works to your property under the lastest regulations you may be liable to have to install an EV Charger. When it comes to electric vehicle chargepoints, I can install them, but I'm not OLEV registered so you won't be able to claim the grant if you're entitled to such. If you're not eligible for a grant and you are looking for a quality installation where thought has been given to the design and aesthetics and not the quickest cheapest job possible we are happy to provide that service. Other renewables are taken care of by a partner firm, so let me know if you have a genuine query.
Mydigitalhome (A S L Tooke) holds information relating to client enquiries including quotes, planned work and work already undertaken both on internal servers and external databases. Emails between us are normally kept on file within the email server. All stored information is encrypted. Where items are purchased direct from our websites and you have made a purchase we will retain your name, address, etc in order to keep you up to date with future developments and maintain a database of registered software users. We will treat your information as confidential, but if you do not wish us to retain your details please advise us at the time and we will respect your wishes. We do not pass on your details to any third party, other than the supplier where goods are dispatched directly from the manufacturer.
You may:
Mydigitalhome (A S L Tooke) will never:
*For historical reasons, some data will be required to be retained such as invoices or electrical certificates issued.
Mydigitalhome (A S L Tooke) does not hold any financial information for any clients.
You may cancel any job at any time. If work has already commenced, then you will be invoiced for all time and materials purchased or installed up to that point. If specialist fixtures, fittings or materials have been ordered in then their return may be subject to a restocking fee imposed on us by our suppliers. Note some light fittings that have been specially assembled by manufacture to specific optic requirements and are often not refundable unless proved faulty and they must have all of their original packaging available. Goods already delivered to site remain the property of mydigitalhome (A S L Tooke) and will need to either be returned complete in unopened and undamaged packaging or paid for in full. Design, surveying, inspection, testing or planning work, where already completed, may be charged for.
mydigitalhome (A S L Tooke) will not be liable for any security issue that is a result of equipment or infrastructure supplied by us. All network infrastructure should been correctly designed and should follow all accepted security protocols and good practice. All passwords should be changed prior to commissioning to maintain integrity of any connected system and changed regularly. If in doubt about your security please consult independent security specialists so your installation can be appropriately tested for problems. All drivers, firmware and associated software should always be kept up to date. Backup
Construction (Design and Management) Regulations (CDM) 2015
Work undertaken by mydigitalhome (A S L Tooke) will be compliant with CDM 2015 and a Construction Phase Plan will be produced before work commences. This plan is held on record in-house but is available on request to third parties such as insurers and scheme providers.
Payment - Strictly within 14 days unless agreed otherwise prior to any works commencing.
Unless otherwise agreed with you by us, we will issue an invoice for the full amount due on completion of the Services. Invoices will be due for payment 14 days from the day on which we despatch the invoice to you. All payments will be in pounds Sterling. All goods and materials remain the property of A. Tooke trading as mydigitalhome until full payment has been received. Late payment charges of 8% per month will be charged until full payment has been made.
Payment by BACS transfer is the best and easiest way to pay for your work and goods purchased as detailed on invoice. We can also accept PayPal transfer where credit cards can be used. No card information is recorded or stored by mydigitalhome (A S L Tooke) . Due to PayPal fees we prefer payment by direct transfer or Cash.
You shall be responsible for the accuracy of any designs, specifications and other data, which you or your employees or agents supply to us, which we use in connection with the services we provide, even if we examine, inspect or comment upon them. You will hold us harmless against any liability to a third party which we may incur as a result of carrying out the Services in accordance with your instructions or your designs, drawings, specifications or other data.
In the event of a dispute, mediation is to be the preferred method of resolution.
Payment for full contract amount to be paid within 14 calendar days of completion regardless of any unresolved disputes, otherwise it will be subject to our statutory right to claim interest (at 8% over the Bank of England base rate) and compensation for debt recovery costs under the Late Payment legislation, because we were not paid according to our agreed credit terms.
Where we use sub-contractors to complete tasks out of our description (Joinery & Electrical) we do so in good faith. However, any problems that require a resolution will need to be done so with them directly. We do not guarantee the work of others.
In the unlikely event of a complaint, any remedial works will be undertaken by A Tooke / mydigitalhome employees or selected sub-contractors. We do not pay for others to complete such tasks.
We may bring this Contract to an end if you fail to comply with your obligations under this Contract, within seven days of having been notified by us of the relevant failure. We may also bring this Contract to an end immediately if you are the subject of a petition for a bankruptcy order, or you become insolvent or enter into any composition, scheme or arrangement with your creditors. If you are a corporation or other legal person, we may bring this Contract to an end immediately if a receiver (including an administrative receiver) is appointed over any of your assets or an application is made to appoint an administrator for you. If you are in partnership, we may bring this Contract to an end immediately if the partnership is dissolved. We may also terminate this Contract if any proceedings relating to your insolvency are commenced in any country.
If this Agreement ends for any reason, we will be entitled to remove all of our equipment from your premises or from site. You will remain liable to us for any sums which you have not paid, for all work done up to date of termination and for any other breaches of this Contract. All materials provided remain the property of A Tooke / mydigitalhome and can be removed or goods to the equal value of said goods as agreed by independent valuer or approved person.
We reserve the right to take photographs and video of completed works for our records and for use in our portfolio unless requested in writing prior to commencement not to.
mydigitalhome (“We”/ “Us”) is a trading name of Adrian Tooke, 6 All Saints Close, Horstead, Norwich,
Norfolk, NR127EY. We are committed to protecting and respecting your privacy. This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. By providing personal data to us, you are accepting and consenting to the practices described in this policy. For the purpose of the Data Protection Act 1998 (the Act), We are the data controller.
With regard to each of your visits to our site we may automatically collect the following information:
You may give us information about you by filling in forms on our site or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when use our website www.mydigitalhome.eu (our site), subscribe to our service, register your details with this website, place an order on for our products, request information from us in the form of a query, open an account with us, participate in other social media functions on our site, enter a competition, promotion or survey, and when you report a problem with our site. Please note that separate terms and conditions may apply if you participate in other opportunities such as competitions, social media contests or other – in these circumstances, please refer to the full terms and conditions of that particular event.
Information that we may collect from you
Full name; position within the company; company name; postal address; billing address; email address; contact telephone number; financial and credit card information ; demographic information; preferences; other relevant information.
We may receive information about you if you use any of the other websites we operate or the other services we provide. We are also working closely with third parties (including, for example, business partners, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We only retain your information for a limited period in order to handle your query, provide you with the information you require and/or to send you additional products and services updates. We are required to keep some records for a longer period of time to meet legal requirements.
We may use your information to:
We may share your information with selected third parties including:
We may use your email address to contact you about our products and services. However at any time you will be able to opt out of these emails by following the ‘unsubscribe’ link at the bottom of the email.
mydigitalhome take the security of your information extremely seriously and we have the appropriate procedures in place to ensure this. Access to your personal information is limited in the office to only those who require it and office staff are Data Protection trained.
Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our Privacy Policy.
You have the right to ask us not to process your personal data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on our site. You can also exercise the right at any time by contacting us at: info@mydigitalhome.eu
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act.
We want to make sure that your personal information is accurate and up to date. Therefore, if you think any information we hold about you is incorrect or incomplete, please email or write to us at the addresses given above as soon as possible so we can update our records.
mydigitalhome (A S L Tooke) does not maintain a database of credit card information. When you have made a purchase we will retain your name, address, etc in order to keep you up to date with future developments and maintain a database of registered software users. We will treat your information as confidential, but if you do not wish us to retain your details please advise us at the time and we will respect your wishes. We do not pass on your details to any third party, other than the supplier where goods are dispatched directly from the manufacturer.
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