KAYO CUSTOMER TERMS AND CONDITIONS

1. About these Terms

1.1 These Terms and Conditions apply whenever a customer books, requests, purchases or receives services through Kayo.

1.2 In these Terms, “Kayo”, “we”, “us” or “our” means Streamline Power Solutions Ltd trading as Kayo.

1.3 These Terms apply to all bookings, quotations, callouts, repairs, maintenance works, installations, inspections, testing, emergency attendance and any other services arranged through Kayo unless separate written terms expressly apply.

1.4 By making a booking, requesting a service, accepting a quotation, instructing us to attend, allowing works to begin, or making payment to Kayo, the customer agrees to be bound by these Terms.

2. Who the Contract Is With

2.1 Unless Kayo expressly confirms otherwise in writing, the customer’s contract is with Streamline Power Solutions Ltd trading as Kayo, and not with the individual engineer, operative, contractor or subcontractor who attends the property.

2.2 Kayo may perform services using employees, self-employed engineers, approved subcontractors, specialist contractors or other service providers engaged by Kayo.

2.3 Any engineer, operative or contractor attending through Kayo does so on Kayo’s behalf for the purpose of carrying out the relevant services.

3. Services Covered

3.1 Kayo provides electrical services and general maintenance/property maintenance services, which may include, without limitation:

• * fault finding and diagnosis;
• * repairs;
• * installations;
• * testing and inspection;
• * emergency callouts;
• * electrical remedial works;
• * landlord and property maintenance services;
• * replacement of fixtures, fittings, accessories and components;
• * minor building and maintenance works related to the instructed service; and
• * any other domestic or property maintenance services offered by Kayo from time to time.

3.2 Some services may be subject to additional service-specific terms, quotations, reports, certificates, scopes of work or manufacturer conditions.

4. Bookings and Customer Information

4.1 Bookings may be made through our website, app, phone, email, WhatsApp, social media, online booking system, or any other method accepted by Kayo.

4.2 The customer must provide accurate and complete information when making a booking or requesting a quotation, including where relevant:

• * the property address;
• * contact details;
• * details of the issue or required works;
• * photos, videos, drawings or descriptions requested by Kayo;
• * access restrictions, parking arrangements, permit requirements or site rules;
• * details of tenants, occupants, pets or vulnerable persons where relevant;
• * any known faults, hazards, water ingress, fire damage, unsafe wiring, damaged fittings, asbestos risk or other safety issues; and
• * any relevant deadlines, landlord obligations, tenant access arrangements or compliance requirements.

4.3 Kayo is entitled to rely on the information provided by the customer. If any information supplied is inaccurate, incomplete, misleading or omitted, Kayo may revise the quotation, price, timescale, scope of work and method of carrying out the services.

5. Estimates, Quotations, Variations and Scope of Work

5.1 Estimates

Any estimate provided by Kayo is an approximate price only and is not a fixed price unless expressly confirmed by Kayo in writing as a quotation.

5.2 Quotations

A quotation is valid only for:

• * the specific property identified in the quotation;
• * the specific works expressly described in the quotation;
• * the assumptions, exclusions and qualifications stated in the quotation; and
• * the condition of the property and installations as reasonably apparent from the information supplied and any inspection carried out at the time.

5.3 What Quotations Do Not Automatically Include

Unless expressly stated otherwise in writing, quotations do not include:

• * works to hidden, inaccessible or previously concealed areas;
• * remedial works required because of pre-existing faults or deterioration;
• * upgrades to bring existing installations up to current standards unless specifically included;
• * repairs to unrelated faults;
• * redecorating, making good, plastering, flooring, tiling, joinery or cosmetic finishes;
• * specialist access equipment;
• * parking charges, permits or third-party fees;
• * removal of hazardous materials;
• * structural works; or
• * works made necessary by unsafe, defective or non-compliant existing installations not visible or disclosed at the time of quotation.

5.4 Variations and Additional Work

If, after attendance or after works begin, Kayo discovers:

• * hidden defects;
• * unsafe or non-compliant existing installations;
• * incorrect or incomplete information from the customer;
• * access restrictions;
• * additional faults;
• * damage, deterioration or site conditions not reasonably apparent at the time of quotation; or
• * additional work necessary to complete the instructed job safely, lawfully or properly,

Kayo may revise the quotation, issue a variation, or charge additional sums for the additional labour, materials, time and associated costs.

5.5 Safety-Critical Additional Work

Where immediate work is reasonably necessary to make the property, occupants, electrical installation, fittings or affected area safe, Kayo may carry out such work without waiting for prior written approval and charge the customer a reasonable amount for that work.

5.6 Customer-Instructed Changes

If the customer changes the scope of work, postpones works, adds works, removes works or changes the specification after booking or quotation acceptance, Kayo may revise the price, charge for wasted labour or materials, and reschedule the booking as necessary.

6. Callout, Attendance and Diagnostic Charges

6.1 A callout, attendance, inspection, fault-finding, diagnosis or investigation appointment is chargeable unless Kayo expressly confirms otherwise in writing.

6.2 Unless stated otherwise, a callout or diagnostic charge covers attendance and the time reasonably spent inspecting, fault-finding or assessing the issue only. It does not automatically include repair work, replacement parts, materials, additional labour, certification, reports, or return visits.

6.3 If the engineer attends and the works cannot proceed or are materially delayed because of any act, omission or circumstance attributable to the customer, Kayo may charge for the attendance, wasted time, travel, parking, administration and any other reasonably incurred cost.

6.4 This includes where:

• * the customer is not present;
• * Kayo cannot gain access at the agreed time;
• * the address or contact details are incorrect;
• * the issue described at booking is materially different from the actual issue;
• * the work area is unsafe, obstructed or not ready;
• * the necessary utilities are unavailable;
• * pets, tenants or occupants prevent safe access;
• * parking or permit arrangements are not available; or
• * the customer cancels after an engineer has been dispatched or has started travelling.

7. Price and Payment

7.1 Payment Structure

Kayo may require any one or more of the following:

• * a booking fee;
• * a callout fee;
• * a diagnostic fee;
• * a deposit;
• * stage payments;
• * payment in full before attendance;
• * payment immediately on completion; and/or
• * payment in full before certificates, reports, test results, warranties or other documents are released.

7.2 Due Date

Unless otherwise agreed in writing, all invoices are due immediately upon issue and in any event no later than completion of the relevant visit, stage of works or final completion of the booked service.

7.3 Deposits

Any deposit paid by the customer is a part-payment towards the contract price unless Kayo expressly states otherwise.

Kayo may use a deposit to:

• * secure the booking;
• * reserve labour and engineer time;
• * allocate a timeslot;
• * carry out pre-attendance administration;
• * purchase or reserve materials; and
• * cover preparatory costs connected with the booking.

7.4 Stage Payments and Suspension

For larger works, Kayo may require stage payments at defined points. If a stage payment is not paid when due, Kayo may suspend the works immediately, withhold further attendance, reschedule future visits, and retain materials and documents until payment is made.

Kayo shall not be liable for any delay, inconvenience, cost or loss arising from suspension caused by non-payment.

7.5 Retention of Documents Pending Payment or Dispute

To the extent permitted by law, Kayo may withhold certificates, reports, test results, compliance documents, warranties, completion documents and final handover until:

• * all sums due to Kayo have been paid in full in cleared funds; and
• * any genuine dispute, complaint, payment issue, chargeback risk, or investigation concerning the relevant works has been resolved to Kayo’s reasonable satisfaction.

7.6 Regulatory and Legal Exception

Nothing in clause 7.5 requires Kayo to act unlawfully or prevents Kayo from issuing any document, notice or certificate that Kayo is legally or regulatorily required to issue.

7.7 Interest and Recovery Costs

If the customer fails to pay sums due, Kayo may charge:

• * interest at 4% per annum above the Bank of England base rate, calculated daily from the due date until payment; and
• * reasonable debt recovery, tracing, legal and administrative costs incurred by Kayo in recovering overdue sums, to the extent permitted by law.

7.8 No Set-Off

The customer must pay all sums due in full without deduction, withholding, counterclaim or set-off unless required by law or expressly agreed by Kayo in writing.

8. Materials, Goods and Customer-Supplied Items

8.1 Ownership of Materials

Legal and beneficial ownership of all materials, parts, equipment and goods supplied by Kayo remains with Kayo until Kayo has received payment in full in cleared funds for:

• * those materials, parts, equipment and goods; and
• * all associated labour, delivery and other charges due under the contract.

8.2 Risk

Risk in materials and goods passes to the customer upon delivery to the property or, if earlier, upon installation.

8.3 Customer-Supplied Items

Where the customer asks Kayo to install, connect, test or work with materials, fixtures, fittings, accessories, appliances or equipment supplied by the customer or a third party:

• * Kayo gives no warranty as to the quality, compatibility, legality, suitability, safety or performance of those items;
• * Kayo is not liable for faults caused by those items or by defects in their design, manufacture, condition or specification;
• * Kayo may refuse to install them if they appear unsafe, damaged, incomplete, incompatible or non-compliant; and
• * Kayo may charge for time spent inspecting, attempting to fit, adapting to, rejecting or returning to site because of issues with such items.

8.4 Special-Order Materials

If Kayo orders special-order, bespoke, non-returnable or non-stock materials for the customer, the customer remains liable for their full cost if the booking is cancelled, postponed or changed after those items are ordered.

9. Customer Responsibilities

9.1 The customer must:

• * provide safe and timely access to the property and work area;
• * ensure that an adult decision-maker is present where reasonably required;
• * ensure that the work area is reasonably clear and accessible;
• * secure pets and manage occupants so works can be carried out safely;
• * provide access to electricity, water or other utilities where needed;
• * disclose known hazards, defects, asbestos risks, leaks, fire damage or unsafe conditions;
• * obtain any landlord, freeholder, tenant, managing agent, building control or other third-party permissions required for the works;
• * ensure parking, permits and access arrangements are available where required; and
• * pay all sums due on time.

9.2 The customer is responsible for ensuring that any requested works are permitted at the property and that any necessary permissions or consents are in place.

10. Right to Refuse, Stop or Suspend Work

10.1 Kayo may refuse, stop, suspend or reschedule work if:

• * the property or work area is unsafe;
• * there is a risk of asbestos or hazardous materials;
• * there is dangerous wiring, structural instability or another serious safety issue;
• * access is not reasonably available;
• * the customer or any occupant is abusive, threatening, intoxicated or unreasonable;
• * payment due has not been made;
• * the requested work would be unlawful, unsafe or non-compliant; or
• * Kayo reasonably believes it cannot carry out the works safely or properly.

10.2 If work is stopped or suspended for any of the reasons above, the customer remains liable for all attendance charges, labour carried out, diagnostic time, materials ordered or used, and any other costs reasonably incurred up to the point of suspension.

11. Emergency Works and Making Safe

11.1 For emergency or urgent works, Kayo may attend to make the property, electrical installation or affected area safe.

11.2 Emergency attendance does not guarantee a full repair on the first visit. Kayo may carry out temporary or “make safe” works only, with further attendance or further quoted works required later.

11.3 Where the customer requests urgent attendance or requests Kayo to start work immediately, the customer acknowledges that cancellation rights may be reduced or lost once the service has begun or has been fully completed, in accordance with clause 12 and applicable law.

12. Customer Cancellation, Rescheduling and Cooling-Off Rights

12.1 Statutory Cancellation Rights

Where the contract is a distance contract or off-premises contract with a consumer, the customer may have a legal right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel within 14 days of the day after the contract is entered into.

12.2 Express Request to Start During Cooling-Off Period

If the customer asks Kayo to start services during the 14-day cancellation period, the customer expressly requests immediate performance and acknowledges that if the customer later cancels during that period, the customer must pay Kayo for the services supplied up to the date of cancellation, including:

• * attendance time;
• * diagnostic work;
• * labour performed;
• * materials used, opened, cut, installed or made non-returnable; and
• * administration and booking costs reasonably incurred in performing the contract.

12.3 Completed Services Within Cooling-Off Period

If the customer expressly requests Kayo to perform the services in full within the 14-day cancellation period, and the services are fully performed during that period, the customer acknowledges that the statutory cancellation right will be lost once the services have been fully performed.

12.4 Definition of Small Job

For the purpose of these Terms, a “small job” means a job that Kayo reasonably expects to be completed in one visit.

12.5 Small Jobs – Cancellation at Least 48 Hours Before Appointment

For a small job, if the customer gives Kayo at least 48 hours’ notice before the appointment time, Kayo will refund any deposit or cancellation fee already paid, less any:

• * non-refundable materials;
• * special-order items;
• * permit charges;
• * parking charges already paid;
• * third-party fees; or
• * other costs already reasonably incurred specifically for that booking.

12.6 Small Jobs – Cancellation Less Than 48 Hours Before Appointment

For a small job, if the customer cancels with less than 48 hours’ notice before the appointment time, Kayo may retain the deposit or cancellation fee already paid and may also charge for any additional reasonably incurred losses not covered by that deposit or fee, including:

• * non-refundable materials;
• * special-order items;
• * permit or parking charges;
• * third-party costs;
• * wasted labour allocation;
• * engineer time already reserved; and
• * administrative and travel costs where applicable.

12.7 Cancellation After Dispatch / No Access / Customer Absent

If the customer cancels after an engineer has been dispatched or has started travelling, or if the engineer cannot proceed because the customer is absent, access is not provided, or the appointment cannot go ahead for customer-related reasons, Kayo may charge up to the full applicable callout or first-visit labour charge together with travel, parking, permit and any non-refundable material costs.

12.8 Cancellation After Works Have Started

If the customer cancels after works have started, the customer must pay for:

• * all work carried out up to cancellation;
• * all attendance, labour and diagnostic time already used;
• * all materials ordered, supplied, used, opened, cut, installed or committed for the works; and
• * any reasonable demobilisation, rebooking or third-party cancellation costs incurred by Kayo.

12.9 Repeated Postponement

Kayo may treat repeated postponement, short-notice rescheduling or repeated failure to provide access as a cancellation and apply the charges in this clause 12.

13. Cancellation by Kayo

13.1 Kayo may cancel or reschedule a booking where:

• * an engineer becomes unavailable;
• * materials become unavailable;
• * there is a safety concern;
• * payment has not been made;
• * information provided by the customer is inaccurate or incomplete;
• * weather, access or site conditions prevent the work; or
• * circumstances outside Kayo’s reasonable control affect the booking.

13.2 If Kayo cancels and no work has been carried out, Kayo will refund any sums paid for the cancelled service, except for costs already properly incurred at the customer’s request which are lawfully chargeable.

14. Standard of Services and Kayo’s Right to Inspect and Remedy

14.1 Kayo will carry out services with reasonable care and skill.

14.2 If the customer believes that work is defective, incomplete or non-compliant, the customer must notify Kayo promptly and give Kayo a reasonable opportunity to inspect, test and, where Kayo accepts responsibility, remedy the issue.

14.3 Except in a genuine emergency involving immediate risk to health, safety or serious property damage, the customer must not instruct a third party to alter, dismantle, interfere with or remediate the works before Kayo has had a reasonable opportunity to inspect and respond.

14.4 If the customer breaches clause 14.3, Kayo may reject liability to the extent that its ability to investigate, verify or remedy the alleged defect has been prejudiced.

15. Callbacks, Defects and Chargeable Return Visits

15.1 The customer must notify Kayo of any alleged defect as soon as reasonably possible after it becomes apparent.

15.2 A callback, inspection or return visit is chargeable where the issue complained of is not caused by Kayo’s workmanship, including where the issue arises from:

• * a pre-existing fault or deterioration in the installation or property;
• * customer-supplied materials or equipment;
• * manufacturer defect;
• * accidental damage, misuse, tampering or lack of maintenance;
• * third-party interference or later works by another contractor;
• * hidden defects outside the original scope of work;
• * unrelated faults;
• * normal wear and tear;
• * the customer’s failure to follow Kayo’s advice; or
• * works outside the agreed scope.

15.3 The existence of a complaint does not automatically entitle the customer to withhold payment, reverse payment, demand a refund or instruct another contractor at Kayo’s cost. Kayo must first be given a fair opportunity to inspect and, where appropriate, rectify.

16. 12-Month Workmanship Warranty

16.1 Subject to the terms of this clause, Kayo provides a 12-month workmanship warranty on the workmanship element of services carried out by Kayo.

16.2 The 12-month workmanship warranty:

• * applies only to the specific works carried out by Kayo and identified in Kayo’s quotation, invoice or job records;
• * applies only after the relevant invoice has been paid in full in cleared funds;
• * covers defects arising directly from Kayo’s workmanship; and
• * does not create a warranty for the whole installation, property, circuit, appliance, system or area unless Kayo expressly states otherwise in writing.

16.3 Where Kayo accepts that a valid workmanship issue exists within the warranty period, Kayo’s obligation shall be limited to returning to inspect and, at Kayo’s option, re-performing or rectifying the defective workmanship.

16.4 The workmanship warranty does not cover:

• * customer-supplied materials, fixtures, fittings, appliances or equipment;
• * faults in pre-existing installations, circuits, accessories, structures or systems not installed by Kayo;
• * manufacturer defects;
• * fair wear and tear;
• * consumables, lamps, batteries or cosmetic finishes unless expressly included;
• * accidental damage, misuse, neglect, tampering, overloading or lack of maintenance;
• * water ingress, damp, condensation, corrosion, pest activity, fire, impact damage, power surges, structural movement or external causes;
• * any item altered, repaired or interfered with by anyone other than Kayo after completion; or
• * any issue outside the original scope of works.

16.5 This warranty is in addition to, and does not remove, any rights the customer may have under consumer law.

17. Certificates, Reports and Compliance Documents

17.1 Where certificates, reports, test results, inspection records, photographs or other documents are part of the service, Kayo may issue them after completion and in accordance with clause 7.

17.2 Subject always to clause 7.6, Kayo may withhold release of certificates, reports, test results, inspection records or other documents where:

• * payment remains outstanding;
• * there is an unresolved dispute, complaint, chargeback risk, fraud concern or investigation concerning the relevant works;
• * Kayo reasonably requires further inspection, verification, testing, clarification or internal review before finalising the document; or
• * Kayo reasonably considers that release of the document before the relevant issue is addressed would prejudice Kayo’s legal, commercial or evidential position.

17.3 Nothing in these Terms obliges Kayo to release a draft, incomplete, disputed or unverified document before Kayo considers it appropriate to do so, save where release is required by law or regulatory obligation.

17.4 Kayo may store copies of such documents digitally for record-keeping, compliance, quality control, insurance, dispute handling and customer service purposes.

17.5 The customer is responsible for keeping copies of any certificates, reports or documents issued to them.

18. Photographs, Videos and Job Records

18.1 Kayo may take and store photographs, videos, notes, readings, test results and job records before, during and after works for the purposes of:

• * quoting;
• * carrying out the works;
• * quality control;
• * compliance;
• * evidence of condition;
• * certification and reporting;
• * complaint handling;
• * debt recovery;
• * insurance;
• * training; and
• * legal and business record keeping.

18.2 Kayo will process personal data in accordance with its Privacy Policy and other applicable data protection documentation.

19. Complaints

19.1 If the customer is dissatisfied with the service, they must contact Kayo as soon as possible and provide reasonable details of the complaint, including where relevant:

• * the property address;
• * booking reference;
• * details of the issue;
• * photos or videos;
• * copies of relevant messages or documents; and
• * any health and safety concern requiring urgent attention.

19.2 Kayo will investigate complaints within a reasonable time and may require access to inspect the alleged issue.

20. Reviews and Customer Conduct

20.1 Kayo may request reviews or feedback after a service is completed.

20.2 The customer must not publish any review, allegation or statement about Kayo which they know to be false or misleading.

20.3 Nothing in this clause prevents a customer from giving an honest review or exercising lawful consumer rights.

21. Liability

21.1 Nothing in these Terms excludes or limits liability for:

• * death or personal injury caused by negligence;
• * fraud or fraudulent misrepresentation;
• * breach of rights the customer has under consumer law which cannot lawfully be excluded or restricted; or
• * any other liability which cannot lawfully be excluded or limited.

21.2 Excluded Losses

Subject to clause 21.1, Kayo shall not be liable for:

• * loss of profit;
• * loss of revenue;
• * loss of rent;
• * loss of business;
• * loss of contract opportunity;
• * loss of goodwill;
• * indirect or consequential loss; or
• * losses arising from delays caused by matters outside Kayo’s reasonable control.

21.3 Limitations Relating to Property and Existing Installations

Subject to clause 21.1, Kayo is not liable for:

• * faults in pre-existing installations;
• * hidden defects not reasonably discoverable at the time of attendance;
• * damage resulting from customer instructions, inaccurate information supplied by the customer or customer-supplied materials;
• * unavoidable damage reasonably caused while accessing concealed wiring, fittings, fixtures, pipework or components where such access is necessary to carry out the instructed works; or
• * loss arising because the customer failed to follow Kayo’s recommendations to isolate, repair, replace or make safe defective systems or components.

21.4 Financial Liability Cap

Subject to clause 21.1, Kayo’s total liability arising out of or in connection with any booking, quotation, visit, service or contract shall not exceed the greater of:

• * £10,000; or
• * 150% of the total amount actually paid by the customer to Kayo for the relevant services giving rise to the claim.

21.5 Nothing in clause 21.4 is intended to reduce any liability that cannot lawfully be limited under applicable law.

22. Delays and Events Outside Kayo’s Control

22.1 Kayo shall not be liable for delays, postponement or inability to perform caused by events outside its reasonable control, including:

• * traffic;
• * severe weather;
• * illness or accident;
• * supplier delays;
• * material shortages;
• * utility issues;
• * access problems;
• * unsafe site conditions;
• * emergency callouts affecting scheduling;
• * acts or omissions of the customer or third parties; and
• * legal or regulatory restrictions.

22.2 Kayo will take reasonable steps to minimise delay where practicable.

23. Non-Circumvention / Anti-Bypass

23.1 The customer must not, without Kayo’s prior written consent, directly or indirectly engage, instruct, employ, contract with, pay or otherwise obtain services outside Kayo from any engineer, operative, contractor or trade professional introduced, assigned or sent by Kayo in connection with the customer’s enquiry, booking, quotation or works.

23.2 This restriction applies from the date of first introduction and continues for 12 months after the later of:

• * the last attendance by that engineer or contractor at the customer’s property;
• * the last quotation issued by Kayo relating to that engineer or contractor; or
• * the completion, cancellation or termination of the relevant booking or works.

23.3 If the customer breaches this clause, the customer shall be liable for Kayo’s reasonably foreseeable losses arising from the breach, including lost margin, lost administration fee, wasted acquisition cost and reasonable legal enforcement costs, provided that nothing in this clause entitles Kayo to recover a penalty or overrides the customer’s statutory rights.

24. Chargebacks and Payment Disputes

24.1 The customer should raise any dispute, complaint or billing query with Kayo before initiating a chargeback, payment reversal or card dispute where reasonably possible.

24.2 If a customer initiates a chargeback or payment reversal without proper grounds and Kayo successfully contests it, the customer remains liable for the unpaid contract sum together with any chargeback fee, administrative cost or recovery cost reasonably incurred by Kayo, to the extent recoverable by law.

25. Data Protection

25.1 Kayo will collect, use, store and share personal data in accordance with its Privacy Policy and applicable data protection law.

25.2 This may include customer details, property details, booking records, communications, payment records, engineer notes, photographs, certificates, reports, complaint records and other job-related information.

26. Changes to These Terms

26.1 Kayo may update these Terms from time to time.

26.2 The Terms that apply to a booking are the Terms in force at the time that booking is made, unless a change is required by law or expressly agreed by the customer.

27. Governing Law and Jurisdiction

27.1 These Terms are governed by the laws of England and Wales.

27.2 The courts of England and Wales shall have jurisdiction, subject to any mandatory consumer rights that apply based on the customer’s place of residence.

28. Kayo Contact Details

Business name: Streamline Power Solutions Ltd trading as Kayo

• Company number: [INSERT COMPANY NUMBER]
• Registered office / trading address: [INSERT ADDRESS]
• Email: [INSERT EMAIL ADDRESS]
• Phone: [INSERT PHONE NUMBER]
• Website: [INSERT WEBSITE]