TERMS & CONDITIONS
The Mucky Hound Ltd is a company registered in England and Wales (company number 8492324299). Registered address: 7 Bligh’s Walk, Sevenoaks, TN13 1DB. VAT Number: 297611960.
TERMS & CONDITIONS ("the contract")
1. By a) enrolling a dog with or b) permiXng a dog to aYend or c) accepZng the Services of The Mucky Hound Ltd and its staff, the Client is deemed to have accepted these Terms and CondiZons.
2. The Mucky Hound Ltd may act in the Client’s absence as guardian of their dog and may perform or take any acZon (including cardiopulmonary resuscitaZon) which they deem necessary in order to protect and keep in good health the Client’s dog.
3. The Mucky Hound Ltd requires one full calendar month’s noZce for terminaZon of contract. The Client agrees to provide such noZce or pay the amount that would be due during this noZce period. The Client may cancel with noZce at any Zme; there is no minimum term of contract.
4. Clients that use our drop in service agree to paying a late collecZon fee of £1 per minute a`er 16:00. The late collecZon fee will be added to your next invoice.
5. The Mucky Hound Ltd operates a fixed monthly fee system whereby the Client pays a fixed monthly fee for a place at the day care centre on agreed regular days per week. The Mucky Hound Ltd charges for 51 weeks of the year, averaged at 12 monthly payments. One week’s allowance is given to cover the period between Christmas and New year when The Mucky Hound Ltd is closed.
6. If the Client does not send their dog for any reason, for example due to holiday or sickness, the monthly fee for the agreed regular days is sZll payable in full. The Client may not swap or add days in lieu if their dog does not aYend.
7. If a Client’s dog contracts kennel cough or any other contagious illness, the dog will not be able to aYend day care unZl a veterinarian has confirmed that the dog is no longer contagious. The monthly fee for the agreed regular days is sZll payable in full.
8. If the Client’s agreed regular day falls on a bank holiday (excluding the bank holidays for the period between Christmas and New Year) the Client will not be charged for this day.
9. The Mucky Hound Ltd may need to close due to adverse weather condiZons impacZng the safety of the staff and dogs as well as the day to day operaZon of day care. The monthly fee for the agreed regular days is sZll payable in full in the event of closure due to adverse weather condiZons.
10.
a) The Client may not swap their agreed regular day(s) on an ad hoc basis. It may be possible to add
occasional extra days as required, subject to availability. Requests to do so should be made via PSP or by sending an email request. These addiZonal days will be added to the Client’s monthly invoice at the “Extra Day” daily rate agreed between The Mucky Hound Ltd and the Client. CancellaZon of any addiZonal day(s) requires a minimum of 24 hours’ noZce otherwise the Client will be charged in full for the addiZonal day(s).
b) Full payment for services (agreed either at Zme of booking or subsequently) is to be made within 7 days of receipt of invoice or, by the date specified on the invoice. Time for payment shall be of the essence of the Contract. The preferred method of payment is via bank transfer. If the Client fails to make any payment due to The Mucky Hound Ltd under the Contract by the due date for payment, then the Client shall pay interest on the overdue amount at the rate of 8% per cent per annum above Barclay Bank Plc's base rate from Zme to Zme. Such interest shall accrue on a daily basis from the due date unZl actual payment of the overdue amount, whether before or a`er judgement. The Client shall pay the interest together with the overdue amount plus any and all addiZonal administraZve, debt collecZon costs and legal fees incurred.
c) The Client shall pay all amounts due under the Contract in full without any set-off, counterclaim, deducZon or withholding (except for any deducZon or withholding required by law). The Mucky Hound Ltd may at any Zme, without limiZng its other rights or remedies, set off any amount owing to it by the Client against any amount payable by The Mucky Hound Ltd to the Client.
d) On terminaZon of the Contract for any reason the Client shall immediately pay to The Mucky Hound Ltd all of The Mucky Hound Ltd’s outstanding unpaid invoices and interest and, in respect of services supplied but for which no invoice has been submiYed, The Mucky Hound Ltd shall submit an invoice, which shall be payable by the Client immediately on receipt.
LIMITATION OF LIABILITY: THE CLIENT'S ATTENTION IS PARTICULARLY DRAWN TO THE FOLLOWING CLAUSES:
11. TheClientwilltakeresponsibilityforanycostswhichmaybeincurred,byeitherveterinarianorother,asa result of any damage, accident, or sickness caused to or by their dog and will pay any such costs or expenses on demand.
12. NothingintheContractshalllimitorexcludeTheMuckyHoundLtd’sliabilityfor:
a) death or personal injury to a human being caused by its negligence, or the negligence of its employees,
agents or subcontractors;
b) fraud or fraudulent misrepresentaZon; or
c) breach of the terms implied by secZon 2 of the Supply of Goods and Services Act 1982 (Ztle and quiet
possession) or any other liability which cannot be limited or excluded by applicable law.
13. Subjecttoclause12,TheMuckyHoundLtdshallnotbeliabletotheClient,whetherincontract,tort
(including negligence), for breach of statutory duty, or otherwise, arising under or in connecZon with the
Contract for:
a) loss of profits;
b) loss of sales or business;
c) loss of agreements or contracts;
d) loss of anZcipated savings;
e) loss of damage to goodwill; and
f) any indirect or consequenZal loss.
14. Subjecttoclause12,TheMuckyHoundLtd'stotalliabilitytotheClient,whetherincontract,tort(including
negligence), breach of statutory duty, or otherwise, arising under or in connecZon with the Contract shall
be limited to £1,000 or the total fees paid under the Contract, whichever is lower.
15. ThetermsimpliedbysecZons3to5oftheSupplyofGoodsandServicesAct1982are,tothefullestextent
permiYed by law, excluded from the Contract.
16. Clauses11to17toshallsurviveterminaZonoftheContract.
17. Inagreeingtothefiguresetunderclause14abovetheClientagreesthathe/sheisabletoinsurethe
Client’s dog under a pet insurance policy and is likewise able to insure home and property contents under a house and contents insurance policy. The Client is advised to noZfy his/her insurers of the day care arrangement in order to be covered under the perZnent insurance policies. The Client understands that The Mucky Hound Ltd is only able to offer its compeZZve fees on the basis of its Clients insuring its pets appropriately.
18. TheClient’sdogmaybetransportedwithotherdogsinTheMuckyHoundLtd’svehicles.TheClientagrees that The Mucky Hound Ltd cannot be held liable for death or injury to their dog in the event of a motor vehicle accident.
19. TheMuckyHoundLtdmayholdinpossessionthekeystotheClient’shomeandtheClientisresponsible under clause 17 above for making arrangements with its own insurers with this regard.
20. TheClientgivespermissiontowalktheirdogofftheleadinandaroundthedaycarefacilityand surrounding land/fields.
21. DogswhoaYendTheMuckyHoundLtdwillpartakeinsocialisaZon,play,scents,snacks/treatsand interacZon and by sending a dog to The Mucky Hound Ltd, the Client consents to their dog partaking in these acZviZes.
22. IftheClientsuppliestheirdogwithadailymeal(onlyapplicabletopuppiesupto6months’old)whilstat day care then the Client agrees to provide the meal in a sealed and named container. The Client consents for The Mucky Hound Ltd to feed the dog the food supplied by the Client.
23. Toensureasafe,responsibleenvironment,TheMuckyHoundLtdrequiresthatallmaledogsmustbe neutered before they reach 18 months of age in order to aYend day care. Females must be spayed before they reach 18 months of age or a`er their first season, whichever comes first. Females in season cannot
aYend day care unZl their season has ended. If The Mucky Hound Ltd considers that a dog has behavioural issues due to not being spayed or neutered, then The Mucky Hound Ltd reserves the right to terminate the contract with immediate effect.
24. TheClienthasexplicitlyconfirmedthattheirdoghasnorecordofaggressiveoranZ-socialbehaviourand they have made a full and frank disclosure of any characterisZc or trait that might make their dog unsuitable for socialising with other dogs.
25. ShouldtheClient’sdogbedeemedtobeunsuitablebyTheMuckyHoundLtd,TheMuckyHoundLtd reserves the right to cancel the booking indefinitely, with immediate effect.
26. TheClientagreestoensurethattheirdogwillbekeptuptodateonallvaccinaZons(includingkennel cough), de-worming and de-fleaing.
27. TheMuckyHoundLtdisclosedonbankholidaysandtheperiodbetweenChristmasandNewYear. Refunds or days in lieu cannot be claimed for any day care during these Zmes.
28. TheClientgivesconsentfortheirdog’simagetobeusedinphotoorvideoformatonTheMuckyHound Ltd’s promoZonal material and social media or in any format that The Mucky Hound Ltd considers appropriate.
29. ForceMajeure.NeitherpartyshallbeinbreachofthisContractnorliablefordelayinperforming,or failure to perform, any of its obligaZons under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
30. EnZreAgreement
a) This agreement consZtutes the enZre agreement between the parZes and supersedes and exZnguishes all
previous agreements, promises, assurances, warranZes, representaZons and understandings between
them, whether wriYen or oral, relaZng to its subject maYer.
b) Each party agrees that it shall have no remedies in respect of any statement, representaZon, assurance or
warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentaZon or negligent misstatement based on any statement in this agreement.
31. VariaZon.NovariaZonoftheContractshallbeeffecZveunlessitisinwriZngandnoZfiedoracceptedby The Mucky Hound Ltd (or its appointed director(s).
32. Waiver.AwaiverofanyrightorremedyisonlyeffecZveifgiveninwriZngandshallnotbedeemeda waiver of any subsequent breach or default. A delay or failure to exercise, or the single or parZal exercise of, any right or remedy shall not:
a) waive that or any other right or remedy; or
b) prevent or restrict the further exercise of that or any other right or remedy.
33. SeveranceIfanyprovisionorpart-provisionoftheContractisorbecomesinvalid,illegalorunenforceable,
it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modificaZon is not possible, the relevant provision or part-provision shall be deemed deleted. Any modificaZon to or deleZon of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
34. NoZces.
a) Any noZce or other communicaZon given to a party under or in connecZon with the Contract shall be in
wriZng, addressed to that party at its registered office or such other address as that party may have specified to the other party in wriZng in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or email to the correct addressed email address if sent delivered-read (so email delivery and receipt can be acknowledged).
b) A noZce or other communicaZon shall be deemed to have been received: if delivered personally, when le` at the Client’s address provided by him/her; if sent by pre-paid first class post or other next working day delivery service to the same address, at 9.00 am on the second business day a`er posZng; if delivered by commercial courier, on the date and at the Zme that the courier's delivery receipt is signed; or, if sent by email one business day a`er transmission
c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal acZon.
35. ThirdparZes.NooneotherthanapartytotheContractshallhaveanyrighttoenforceanyofitsterms.
36. Governinglaw.TheContract,andanydisputeorclaim(includingnon-contractualdisputesorclaims) arising out of or in connecZon with it or its subject maYer or formaZon shall be governed by,and construed in accordance with the law of England and Wales.
37. JurisdicZon.EachpartyirrevocablyagreesthatthecourtsofEnglandandWalesshallhaveexclusive jurisdicZon to seYle any dispute or claim (including non-contractual disputes or claims) arising out of or in connecZon with the Contract or its subject maYer or formaZon.