Subscription Terms and Conditions

Definitions and Interpretations

In this Agreement capitalised terms have the following meaning:

Accidental Damage: physical damage to the Goods which occurs by accident, resulting in an emergency call out or breakdown of the Boiler.

Additional Subscription Services: as detailed in Appendix 1.

Beyond Economic Repair: If deemed, at the sole discretion of the engineer and/or CH that the repair costs of the Boiler are estimated to be more than the current value of the Boiler.

Boiler: a single gas appliance with an output up to a 70kW output from the appliance isolation valve, including all the manufacturer’s fitted components within the boiler.

Business Day: a day other than a Saturday, Sunday or public holiday in England and Wales;

CH, we, us, our: Cavalry Home which is a subsidiary of Ryan Anthony Limited incorporated and registered in England and Wales with company number 12664939.

Commencement Date: the date in which [your initial payment is processed / you receive a confirmation email.]

these Subscription Terms and Conditions, together with the Privacy Policy, Standard Terms and Conditions and Terms of Website Use.

the contract between CH and you for the supply of Goods, Subscription Services and/or Additional Subscription Services.

Customer, you, your: the person or firm who purchases Goods, Subscription Services and/or Additional Subscription Services from us.

Fee(s):

all goods, products or parts which are supplied to the Customer by CH under the Contract, and any additional or substitute goods which CH agrees in writing to supply to the Customer at a later date in connection with the Contract;

Minimum Subscription Term: for a period of 12 months from the Commencement Date

Office Details:

Subscription Services: as detailed in Appendix 1.

Any words following the terms including, include, in particular, for example or any other similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or terms preceding those terms.

A reference to writing or written includes email but not fax.

A reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time. A reference to legislation or a legislative provision shall include all subordinate legislation made from time to time under that legislation or legislative provision.

The Conditions tells you information about us and the legal terms and conditions on which we offer the Subscription Services and Additional Subscription Services via various maintenance plans, as further set out in Appendix 1.

These Conditions will apply to any contract between us for the sale of the Services to you (“Contract”). Please read these Conditions carefully and make sure that you understand them, before subscribing to the Services from our site. Please note that by subscribing to the Services you agree to be bound by these Conditions and the other documents expressly referred to in it.

Please click on the button marked “I Accept” at the end of these Conditions if you accept them. If you refuse to accept these Conditions, you will not be able to accept the Services on our site.

You should print a copy of these Conditions or save them to your computer for future reference.

We amend these Conditions from time to time as set out in clause 9. Every time your subscription is renewed in accordance with clause 4.5, please check these Conditions to ensure you understand the conditions which will apply at that time. These Conditions were most recently updated on 29 September 2023.

These Conditions, and any Contract between us, are only in the English language.

Information About Us and How to Contact Us
1. We are Cavalry Home, a subsidiary of Ryan Anthony Limited, a company registered in England and Wales. Our company registration number is 12664939 and our registered office is at 41 Anderby Road, Chapel St. Leonards, Skegness, England, PE24 5XA. Our registered VAT number is [NUMBER].
2. You can contact us by telephoning 0161 537 0590 or by emailing us at [EMAIL ADDRESS]. We operate the website [INSERT WEBSITE].
3. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to when purchasing the Subscription Services.
4. When we use the words "writing" or "written" in these terms, this includes emails.
The Subscription Services
1. In consideration of the payment of the relevant Fees and subject to the remainder of these Conditions we will for the Term make available to you any purchased Subscription Services and Additional Subscription Services, as detailed in the Appendix 1.
2. You may only purchase the Subscription Services from our site if you are a consumer and at least 18 years old.
3. We intend to rely upon these Conditions in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Conditions to be confirmed in writing.
4. To purchase a Subscription Service or Additional Subscription Service, you will you will need to insert your details, which will be used in accordance with our Privacy Policy.
5. Upon purchasing a Subscription Service on our website, you will received an email to acknowledge payment. Please note that this does not mean that you subscription has been acceptance. All orders are subject to acceptance by us, and we will confirm such acceptance to you be sending a Confirmation Email.
6. Your subscription begins on the Commencement date where a Contract will be formed between us incorporating these Conditions.
7. If we are unable to provide the Service to you for any reason we will inform you of this by email and we will not process your application and will refund any Fee paid by you.
8. Each Subscription Service shall commence on the Commencement Date and shall remain in force for 12 months from the Commencement Date (the “Minimum Subscription Term”) where after it shall automatically renew for a subsequent Term of the same length, unless you cancel your subscription in accordance with clause 10. Your Term may only be amended through cancellation or repurchase in accordance with these Conditions. The Minimum Subscription Term together with any renewal period shall be referred to as (the “Term”).
9. You will be automatically charged the appropriate Fee for each automatic renewal using the payment details provided on your registration. If such payment is refused, we may suspend the Services to you in accordance with clause 7.1 and we will send you an email requesting that you provide alternative payment details.
Booking the Subscription Services
1. Should you require Services to be provided under the subscription, you should contact the office via the Office Details to make an appointment with the next available engineer.
2. Any Claims must be made via the Office Details and not directly to an engineer, otherwise the work will not be covered by the Subscription Services.
3. Once a claim has been accepted, at our sole discretion, not to be unreasonable withheld or delayed, we will discuss the timing of the next available appointment with you by phone, email or text.
4. We will not cover any Subscription Services and/ or any Products or Parts within the first 14 days of purchasing your Subscription Service(s).
Delivery of the Subscription Services
1. Where appliable, we will in the first instance provide all reasonable efforts to fix your Boiler, system or restore any other facilities by providing support remotely over the telephone
2. We will use all reasonable endeavours to ensure that your repair and/ or assistance is delivered as quickly as possible.
Delayed, rearranged or cancelled appointments
1. Should our engineer not be able to attend the arranged appointment, they will inform you as soon as practicable.
2. Should you need to re-arrange the appointment, please provide as much notice as reasonably practicable.
3. We are not responsible for any losses incurred as a result of delayed, rearranged or cancelled appointments.
4. Upon attending your Property, should our engineer be unable to carry out the Subscription Services due to being unable to access the Property, you will incur a charge of £30.
Parts and Products
1. All Parts and/ or products [RM1] to be replaced or installed which is covered under the Subscription Services will be of a standard nature, chosen at our sole discretion. Should you wish to choose or upgrade any part or product, you will be liable for any addition cost relating to the purchase or installation of the part and/ or product.
Fees and Payment
1. Fees will be charged in accordance with the selected Subscription Service, as detailed in Appendix 1.
2. The initial payment will be taken upon applying for a Subscription Service and you authorise us to store your payment method(s) and to automatically charge your payment method(s), by either direct debit or recurring card payment each month until you cancel.
3. Your subscription will automatically renew at the end of the Term for the appropriate fee for the selected Subscription Service, as may be amended from time to time. If the Fees are increased at any time you will be informed of this by email and if such increase is not accepted by you, you may cancel your subscription in accordance with clause 10.
4. The price of the Subscription Services excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your registration and the end of your Term which will apply to each time the Term is renewed, we will adjust the VAT you pay to the new rate of VAT.
Suspension of the Subscription Services
1. We reserve the right to immediately cancel any Subscription Service which has not been purchased by the holder of the bank account.
2. We will need certain information from you that is necessary for us to provide the Services which you will be required to provide on registration. This information may need to be updated and if this is the case we will contact you by email for this information. If you do not, after being asked by us, provide us with this information we may suspend [RM2] the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. This does not affect your obligation to pay any outstanding Fees that may be due to us.
3. If you do not pay the Fees for the Services when you are supposed to as set out at clause 6.1, we may suspend the Services with immediate effect until you have paid us the outstanding amounts. We will contact you to tell you this.
4. We own or have the licence to all copyright, design right and all other Intellectual Property Rights in the content of the website as further set out in our Standard Terms and Conditions [INSERT LINK] and/or these Subscription Terms and Conditions.
Our right to Vary these Conditions
1. We may revise these Conditions from time to time in the following circumstances:
  1. changes in the Fee amounts;
  2. changes in how we accept payment from you; and
  3. changes in relevant laws and regulatory requirements.
2. Every time your Term is automatically renewed, the Conditions in force at that time will apply to the Contract between you and us.
3. Whenever we revise these Conditions in accordance with this clause 9, we will keep you informed and give you notice of this by stating that these Conditions have been amended and the relevant date at the top of this page.
Your Cancellation and Refund Rights
1. You any cancel this Contract at any time within 14 days of purchasing a Subscription Service(s) by emailing [INSERT EMAIL ADDRESS]. We will refund any payments made within 14 days of receipt of the cancellation email.
2. After the expiry of 14 days from the purchase of a Subscription Service(s), you may cancel the Subscription Services at any time following the Minimum Subscription Term, by giving us at least 30’ days prior written notice.
3. Customers on a monthly payment plan are also subject to a Minimum Subscription Term and therefore liable to pay the pro-rata unexpired portion of the Contract for terminations made in the first 12 months of the Commencement Date.
4. Upon cancellation, the Contract will terminate at the end of the month in which payment had been made and the Contract will not automatically extend.
5. You may cancel the Contract with immediate effect if:
  1. we break this Contract in any material way and we do not correct or fix the situation within 14 calendar days of you asking us to in writing;
  2. we go into liquidation or a receiver or an administrator is appointed over our assets; or
  3. we are affected by an Event Outside Our Control.

where you cancel the Contract under Clause 10.2, we will refund you the Fees from the date of cancellation for the remainder of the Term (if appliacable).

Our Cancellation Rights
1. We reserve the right to immediately cancel the Contract for any Subscription Service which has not been purchased by the holder of the bank account.
2. We may cancel the Contract for any Subscription Services at any time with immediate effect by giving you written notice if:
  1. you do not pay us when you are supposed to in accordance with clause 6.1;
  2. you break the Contract in any material way and you do not correct or fix the situation within five calendar days of us asking you to do so, in writing;
  3. you give us false, misleading or inaccurate information;
  4. we find your boiler is on our list of exclusions;
  5. you put our people’s health and safety at risk, for example, physical or verbal abuse;
  6. your Property is unsafe to work in;
  7. you don’t let us in to your Property to work, despite several attempts;
  8. we advise you to make permanent fixes, upgrades or improvements, but you fail to do so.
Our Liability to You
1. We do not in any way exclude or limit our liability for:
  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation;
  3. any breach of the terms implied by section 2 of the supply of Goods and Services Act 1982 (title and quiet possession);
  4. any breach of the terms implied by section 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
  5. defective products under the Consumer Protection Act 1987.
Boiler Beyond Economical Repair
1. Within the Minimum Subscription Term:
  1. if your boiler is under 7 years old and deemed Beyond Economical Repair, at the sole discretion of CH or one of their engineers, employees or subcontracts, we will replace it for an excess fee of £X in addition to the Subscription Services and / or Additional Subscription Services ; or
  2. if your boiler is over 7 years old deemed Beyond Economical Repair, at the sole discretion of CH or one of their engineers, employees or subcontracts, we will replace it, but you will be liable to pay for the installation costs (including parts, labour and VAT) in addition to the Subscription Services and / or Additional Subscription Services.
Events Outside our Control
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
3. If an Event Outside Our Control takes place that affects the performance of our obligations under these Conditions:
  1. we will contact you as soon as reasonably possible to notify you; and
  2. our obligations under these Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of the Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
Communications between Us
1. When we refer, in these Conditions, to “in writing”, this will include e-mail.
2. If you wish to contact us in writing, or if any clause in these Conditions requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Cavalry Home at [INSERT E-MAIL ADDRESS]. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 10, please see that clause 10 for how to tell us this.
3. If we have to contact you or give you notice in writing, we will do so by e-mail.
Other Important Conditions
1. We may transfer our rights and obligations under these Conditions to another organisation, but this will not affect your rights or our obligations under these Conditions.
2. You may only transfer your rights or your obligations under these Conditions to another person if we agree in writing.
3. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
4. Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
5. If we fail to insist that you perform any of your obligations under these Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
6. If you are a consumer, please note that these Conditions are governed by English law. This means a Contract for the purchase of the Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

Complaints Procedure
1. As a Customer you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available at the Financial Ombudsman Service (www.financial-ombudsman.org.uk). Nothing in these Conditions will affect these legal rights.

Appendix 1: Subscription Services and Fees

Boiler – means a gas appliance of no more than 70Kw output (inclusive of all parts and external heating components, including rad valves)

Plan 1 - Bronze

Type of Cover

Boiler Service – Boiler Breakdown – Central Heating

Price

£14.99 per month & £75 excess fee

What is covered

Annual boiler service
The Boiler
Labour
Pipework repairs
Heating Controls and thermostats
Hot water Cylinder (vented and unvented)
F&E tank

What is not covered

Blocked pipes or circulation problems caused by sludge
Problems caused by poor existing system design or installation
Main heater exchanger in the boiler
Boiler burner
Boiler casing and control panel
Existing system filter replacements
Wiring harness

Plan 2 – Silver

Type of Cover

Boiler Service – Boiler Breakdown – Central Heating – General Plumbing - Drainage

Price

£17.99 per month & £75 excess fee

What is covered

All of Plan 1 - Bronze
Repairs to hot and cold pipework and fittings
Replacement taps (kitchen, basin, bath & shower)
Above ground drainage
Cold water header tank

What is not covered

All of Plan 1 – Bronze
External and Underground pipes
Waste disposal units, water softeners and boiling water taps
Rainwater pipes and guttering
Cast Iron soil pipe
Sanitary Ware
Shower pumps and/or boost pumps

Plan 3 – Gold

Type of Cover

Boiler Service – Boiler Breakdown – Central Heating – General Plumbing – Drainage - Electrics

Price

£20.99 per month & £75 excess fee

What is covered

All of Plan 1 and 2 – Bronze and Silver
Electrical plug socket outlet
Electrical switch (lights etc)
Security lighting
Breakdown of fuse board
Failed wiring supply socket outlets within 1m
Standard light fittings (fluorescent strip lighting etc)
Fault find

What is not covered

All of Plan 1 and 2 – Bronze and Silver
Electrical appliances and its individual wiring after the plug (e.g. washing machines, dish washers and microwaves)
External and underground cables
E.V charging points
Re-wiring (partial & full)
Old wiring case in rubber or lead

Additional Subscription Services

Locksmith – (doors and windows) - £3.50 per month
Pest Control - £3.50 per month

Homeserve don’t cover properties that are heated by dual purpose boilers, a warm air heating system, combination cylinders or thermal storage units are not eligible to obtain cover.

Questions:

Do you want a late payment fee?
Will you have confidential information?
Do you want a cancellation fee if cancel after 14 days?

Appendix 1: Fees

Maintenance Plans:

Products

The Products
1. We may make changes to the products:
  1. to reflect changes in relevant laws and regulatory requirements;
  2. if the products
  3. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
2. If you do not give us access to the property - If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

[RM1]Define parts as single item and product

[RM2]Would you want the ability to terminate if they don’t provide you with the information?

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