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TERMS AND CONDITIONS OF SERVICE

1. Our Terms

1.1 In these Terms and Conditions of Service, “we”, “us” and “our” means ARK9 LTD (“ARK9”). We provide dog training, and other services (collectively, the “Services”) and certain information, including information about us, our products and services, at www.ar-k9.com(the “Website”) to our users and clients(“You” and “Client”) under the following Terms of Service (the “Terms”).

1.2 Please read these terms carefully before you proceed with a booking. These terms tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Contact Information

2.1 We are ARK9 Limited a company registered in England and Wales with a company registration number is 13598018.

2.2 You can contact us by telephone on 07501016908 or by emailing us at info@ar-k9.com.

2.3 If we need to contact you, we will do so by telephone or via the email address or postal address you have provided to us.

3. Our contract with you

3.1 All our clients must complete and submit a booking form through our website: www.ar-k9.com.com or through speaking to us directly via email (info@ar-k9.com, avi@ar-k9.com, ryan@ar-k9.com or ark9co@gmail.com), social media(Instagram or Facebook) or telephone/text on 07501016908. By submitting the booking form or agreeing to an assessment via email (info@ar-k9.com, avi@ar-k9.com, ryan@ar-k9.com or ark9co@gmail.com), social media (Instagram or Facebook) or telephone/text on 07501016908 you confirm that you have read and agree to these Terms and Conditions.

4. Services

4.1 Our services are subject to a pre-training assessment which can be booked in advance through our website (www.ar-k9.com) or via the ways mentioned in clause 3.1 and this usually lasts 1 hour.

4.2 “Sessions” are usually 45 minutes to 1 hour long in duration but can be longer or shorter and are up to the discretion of the trainer and their assessment of the situation regarding and including but not limited to the environment, dog health and mentality, client health and mentality and the trainer’s health and mentality.

4.3 A full explanation of all Services we offer can be found on our website (www.ar-k9.com). Our Services include:

(a)  Obedience one to one

(b) Group Obedience Classes 

(c)  Board and Train

(a)  Behaviour Modification one to one

(d)  Family Protection K9 supply and training

(e)  Law enforcement and Security K9 supply and training

4.4 Your responsibilities in relation to our Services. In order for you to use our Services, you will be responsible for ensuring that:

(a)  Your dog(s) are vaccinated/up to date with anti-flea and anti-wormers and with their inoculations for distemper, hepatitis, leptospirosis, parvovirus and parvo influenza. We also recommend that you speak to your vet about vaccinating for kennel cough. Proof of current vaccinations must be supplied for any boarding programmes.

(b)  You advise us before confirming a booking as to whether your dog has any behavioural problems;

(c)  During the provision of our Services:

(i)  your dog(s) are kept on a lead at all times unless otherwise instructed; and

(ii)  all children under the age of 18 are accompanied by an adult at all times.

4.5 Using our Services. 

(a)  Our philosophy is that of working the dog in front of us, each dog is different and training strategies will differ on each dog and client. We use an adaptive approach utilising different methods of operant conditioning including all quadrants. This approach requires professional assistance and wrongful use of some techniques can damage training or at worst case be abusive, owners/clients who are seen to use methods without prior instruction from our trainers or seen to be acting in a an abusive manner will be asked to leave immediately (see clause 9.4(a));

(b) You may not use training equipment without being taught how to correctly use it and prior instruction (see clause 9.4(a));

(c) You will need to attend at least 75% training sessions with exceptions of certain programmes which will be detailed upon booking.

(d) Our training programmes require at least one session a week unless a temporary alternative is agreed in writing.

(e)  Our training sessions are held outdoors and indoors and so appropriate care should be taken to avoid injury. The terrain can be uneven and slippery in places and there are also hazards such as trees and low hanging branches to consider. By choosing to attend you agree to take full responsibility for your own safety, the safety of all parties accompanying you and the safety of your dog(s); and

(f) We accept no responsibility for loss of, or injury to, your dog(s) whilst training with us, and you will be responsible for all vet bills, no matter how they are incurred;

(g) At the end of the agreed Service we are not responsible for loss of training in the dog which may occur if you don’t keep up training, we have taught you and the dog.

(h) On all Working K9 Services you agree to book quarterly (every 3 months) maintenance sessions for the lifetime of the dog, or we agree an alternative solution in writing. Booking these maintenance sessions are the client’s responsibility.

(i) We may film, record or photograph you during the provision of our Services and unless you tell us that you do not wish to be filmed, recorded or photographed you agree to license us to use such images for the purpose of promoting our Services on a non-exclusive, worldwide, royalty free basis whether by on line marketing on our company website, social media pages or for the purpose of demonstration videos, tutorials or other educational or informational material as may be produced by us from time to time. You understand that such material may be edited and used in whole or in part and displayed on the internet or made public for the purpose of promoting ARK9 LTD.

5. Your rights to make changes

5.1 If you wish to make a change to a booking please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price or timing of the booking or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8).

6. Our rights to make changes

6.1 We may change our Services to reflect changes in relevant laws and regulatory requirements or to implement improvements. These changes will not affect your use of our Services.

7. Provision of Services

7.1 Our Services will only be provided to the person named on the booking (see cause 3.1).

7.2 We are not responsible for delays outside our control. If supply of our Services 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 Services you have paid for but not received.

7.3 If you have booked a home visit Service and you do not allow us access to your property to perform the Services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.

7.4 We may have to suspend the supply of Services to deal with emergency staffing problems, comply with government restrictions and/or adverse weather conditions.

7.5 The trainer may suspend a session based on an assessment of parameters regarding mental state of the client, dog or himself/herself as well as any medical grounds. This is solely at the discretion of the trainer involved on arrival to a session.

7.6 Your rights if we suspend the supply of Services: We will contact you in advance to tell you we will be suspending supply of Services, unless the problem is urgent or an emergency. If we have to suspend the Services for longer than a reasonable period you may contact us to end the contract for a Service and we will refund any sums you have paid in advance for the Service in respect of the period after you end the contract.

8. Your rights to end the contract

8.1 Your rights when you end the contract will depend on what you have booked and paid for, whether there is anything wrong with the booking, how we are performing and when you decide to end the contract.

8.2 Ending the contract because of something we have done or are going to do: If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any Services which have paid for and which have not been provided and you may also be entitled to compensation. The reasons are:

(a)  we have told you about an upcoming change to the Services or these terms which you do not agree to (see clause 6);

(b)  we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;

(c)  there is a risk that supply of the Services may be significantly delayed because of events outside our control;

(d)  we have suspended supply of the Services for staffing reasons, or notify you we are going to suspend them for staffing reasons, in each case for a period of more than [4 weeks].

8.3  Your right to change your mind (Consumer Contracts Regulations 2013). In accordance with section 28(1)(h) of these Regulations, our Services are considered to be a “leisure activity” and as such are excluded from the 14 day right to change your mind/cancel. Accordingly, you will not be entitled to a 14 day cooling-off period.

8.4  Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.3), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for our Services is completed when we have finished providing the Services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) a sum which relates to reasonable compensation for the net costs we will incur as a result of your ending the contract.

9. How to end the contract with us

9.1 To end a contract with us, please let us know by calling us on 07501016908 or emailing us at info@ar-k9.com. Please provide your name, home address and details of the order.

9.2 If you have provided us with 72 hours notice or more of your wish to cancel the contract we will refund you the price you paid for the Services, by the method you used for payment.

9.3 We will make any refunds due to you as soon as possible.

9.4 You will not be offered a refund if:

(a)  we discover that you are abusive or using methods and/or training equipment in which we have not taught and instructed you to use;

(b)  the trainer deems that you have misled the company on your dogs issues particularly in the case of group classes and boarding programmes. (We must be alerted to any behavioural problems prior to making a booking);

(c)  you cancel an initial Consultation or any training Session with less than 72 hours’ notice, as it is unlikely that we will be able to rebook another client into the time slot we have reserved for you. In relation to the circumstances described at paragraphs (a) and (b) above you will also be asked to leave the training session immediately.

 

10. Our rights to end the contract

10.1 We may end the contract if you break it. We may end the contract for Services at any time if:

(a)  you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;

(b)  you do not, within a reasonable time, allow us access to your premises to supply the Services; or

(c)  you are asked to leave a training session, as specified in clauses 9.4(a) to 9.4(b) above.

(d) you are evidently making no effort to learn and listen which in turn effects the training of the dog.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11.  Problem with our Services

11.1 If you have any questions or complaints about our Services, please contact us. You can telephone us at 07501016908 or email us at info@ar-k9.com.

11.2 We are under a legal duty to supply Services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Services. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

We offer Services, and the Consumer Rights Act 2015 says:

a)  you can ask us to repeat a Service if it’s not carried out with reasonable care and skill, or get money back if we can’t repeat it.

b)  If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

c)  If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

12. Price and payment

12.1 Details of all our Services can be found on our website (www.ar-k9.com) under the heading “Services”. The price of some Services (which includes VAT) will be the price indicated on the booking pages when you placed your booking. We use our best efforts to ensure that the price of the Services advised to you is correct. However please see clause 12.2 for what happens if we discover an error in the price of your booking. Pricing for most programmes can be obtained through a contact form or by contacting us and making an enquiry requesting pricing with what you are looking for. A member of our team will then contact you and supply details and pricing. Due to the tailored nature of our programmes pricing may differ depending on circumstances and situations.

12.2 Despite our best efforts, some of our Services we sell may be incorrectly priced. We will normally check prices before accepting your booking so that, where the booking’s correct price at your booking date is less than our stated price at your booking date, we will charge the lower amount. If the Service’s correct price at your booking date is higher than the price stated to you, we will contact you for your instructions before we accept your booking.

12.3 When you must pay and how you must pay. We accept cash payment and bank transfer primarily. Certain Services are available for payment through our website (www.ar-k9.com) payment gateway (Mastercard and Visa)

 

Name: ARK9 LTD

Sort Code: 40-44-39

Account No: 41829603

 

(a) Class bookings and Pre-training assessments payments a required upon booking, pre-training assessment payments may also be made on the day with prior approval from our team.

(b) All other bookings of our Services require payment of 25% of the total cost by the scheduled start date and 100% of the payment must be made before the last session.

(c) Payment structures outlined in (b) may be altered on an individual basis following approval of the one ARK9 Directors.

(d) Purchase and supply of any training equipment on behalf of the client will be reimbursed upon the client receiving the item.

(e) If payment is not received within this time we reserve the right to cancel your booking request and release your place to another client.

12.4 If you think an invoice is wrong please contact us promptly to let us know.

13. Responsibility for loss or damage suffered by you

13.1 We are not responsible for loss and damage. We accept no responsibility for any damage to, theft of, or from your vehicle. Please do not leave valuables in your vehicle and never leave dogs unattended in your vehicle. We accept no responsibility for loss of, or injury to, your dog whilst training with us.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services as summarised at clause 11.2.

13.3 We are not liable for business losses. 

14. How we may use your personal information

14.1 We will only use your personal information as set out in our privacy policy and Terms of Use. You will find this on our website: www.ar-k9.com/privacy-policy.

15. Other important terms

15.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

15.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

15.5 These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.

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