Agreed Terms

Confidential Information in whatever form (including, without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, customers, clients, suppliers, products, affairs and finances of Kantan or any Group Company for the time being confidential to Kantan or any Group Company and trade secrets including, without limitation, technical data and know-how relating to the Business of Kantan or any group Company or any of its or their suppliers, customers, clients, agents, distributors, shareholders, management or business contacts, including (but not limited to) information that the Service Provider or the Personnel create, develop, receive or obtain in connection with this Engagement, whether or not such information (if in anything other than oral form) is marked confidential.

All applicable data protection and privacy legislation in force from time to time in the UK including the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR), the Data Protection Act 2018 (and regulations made thereunder) or any successor legislation, and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications).

Service Provider Responsibilities (Your responsibilities as a Service provider)

Compliance with laws and accreditations

During the Engagement, the Service Provider shall, and (as applicable) shall procure that the personnel shall:

Be suitably qualified and hold valid and up-to-date accreditations for the type of work required and be registered with the appropriate regulatory body. In particular:
1. Gas appliance Personnel must be registered with, and have valid and current Gas Safe accreditations, for the relevant work categories that may be required to undertake as part of the Services;
2. Electrical Personnel must be registered with NICEIC, Napit or a similar UK regulatory body; and
3. All electrical, plumbing and drainage Personnel must have undertaken recognised training and hold recognised and suitable qualifications for the type of work being undertaken as part of the Services
Pass all background and disclosure checks undertaken through Disclosure Scotland (if the Services are carried out in Scotland) or Disclosure and Barring Service (if the Services are carried out in England or Wales) by the Service Provider (and Kantan if it wishes) including a check against the adults' barred list or the children's barred list if applicable and the Service Provider must ensure that the Personnel pass these background and disclosure checks before it/they carry out any of the Services;
Observe all health and safety rules and regulations and any other reasonable security requirements that apply to the Services from time to time and have in place, and maintain compliant health and safety procedures and policies; and
Perform the Services in accordance with all laws, regulations, subsidiary legislation, orders and mandatory directions from regulators applicable to the Service Provider’s obligations under this Agreement and with the highest level of care, skill and diligence.

Spare Parts

For the duration of the Engagement, the Service Provider shall, and (as applicable) shall

procure that the Personnel shall:

Always use new and genuine original manufacturer spare parts which are of best
quality and free from defects in workmanship and installation; and
Inform Kantan immediately if it anticipates obtaining a spare part will take longer than 24 hours and, in any case, notify Kantan if it cannot obtain a spare part within 48 hours.

Customer Service

The Service Provider shall procure that all Personnel involved in the Services:
1. Maintain a clean and appropriate attire, drive a clean van, have a professional attitude, carry dust sheets and do not damage the property of any customer or prospective customer of Kantan (each a “Customer”);
2. Remove any waste and dispose of the same responsibly (including if applicable an existing boiler);
3. Arrive punctually for appointments (but in any event no more than 1 hour from the scheduled time slot).
The Service Provider is liable for the cost of:
1. A return visit by the Service Provider to a Customer’s home (the “Property”) to fix or investigate a problem where the fault has arisen within 30 days from the last visit by the Service Provider to the Property and where the Service Provider fails to carry out a return visit, he or she will be liable to pay for such cost;
2. Any damages, losses, costs, claims, liabilities or expenses of any kind howsoever arising (“Loss”) incurred by Kantan as a result of a breach of Clause 3.3 in your contract (please check your service level agreement); and
3. Any and all debts, damages, costs, liabilities and obligations which are incurred or arise within one year from the completion of the work by the Service Provider as a result of the Service Provider not undertaking a fair and reasonable service.

Complaints

Where any Customer wishes to make a complaint, the Service Provider will:
1. Direct such Customers to the Kantan customer service helpline in the first instance;
2. Report any complaint communicated to it to Kantan in writing within 24 hours from receipt of the complaint and keep a full and accurate record of each complaint;
3. Not make any offer of compensation to the Customer without approval from Kantan.
All complaints (whether made through the Service Provider or Kantan) will be investigated by Kantan, with the cooperation of the Service Provider, and appropriate action will be taken by the Service Provider based on the outcomes of the investigation, including:
1. Providing reasonable training to Personnel; and
2. where the investigation identifies that the Personnel acted or could have acted in a way that was materially negligent, dishonest or abusive, ensuring that such Personnel is immediately no longer permitted to carry out the Services.
The Service Provider will work with Kantan to minimise causes of complaints.

Audit or Inspection

The Service Provider will, where requested by Kantan, assist Kantan (or it’s appointed representatives) in the carrying out of an inspection and/or audit of any Services carried out by the Service Provider; and provide Kantan with proof of purchase for any parts purchased by the Service Provider to perform its obligations under this Agreement.

Anti-bribery, corruption and tax evasion

The Service Provider shall and shall procure that the Personnel shall comply with all applicable laws, regulations, codes and sanctions relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010(“Relevant Requirements”; have and shall maintain in place throughout the term of this Agreement its own policies and procedures, including but not limited to adequate procedures under the Bribery Act 2010, to ensure compliance with the Relevant Requirements; promptly report to Kantan any request or demand for any undue financial or other advantages of any kind received by it in connection with the performance of this agreement or the Services; and abide by all provisions of the Modern Slavery Act 2015 and provide a written statement to this effect to Kantan should they be so required.

The Service Provider shall, and shall procure that the Personnel shall, not engage in any activity, practice or conduct which would constitute either a UK tax evasion facilitation offence under section 45(1) of the Criminal Finances Act; or foreign tax evasion facilitation offence under section 46(1) of the Criminal Finances Act 2017.