Terms & Conditions
About these terms
What these terms cover: These are the terms of service on which we deliver products ordered via our website to you.
Why you should read them: Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will deliver products to you and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Revision of these terms: Please note that we may revise these terms of service from time to time. You will be subject to the policies and terms and conditions in force at the time that you place an order through us.
TERMS & CONDITIONS
Pow Food Limited
1. Introduction
These Terms and Conditions (“Conditions”) apply to Pow Food Limited, a company incorporated in England and Wales (registered number 10950975) with its registered office at Unit B13 Alpha Business Centre, Minerva Road, London, England, NW10 6HJ (“Pow Food”).
These Conditions, together with the applicable Statement(s) of Work, form the agreement (“Agreement”) between Pow Food and the client (“Client”) for the provision of the Services.
2. Interpretation and Definitions
2.1 Definitions
The following definitions apply to these Conditions:
Applicable Laws
All applicable laws, statutes, regulations and codes in force from time to time.
Applicable Data Protection Laws
All applicable data protection and privacy legislation in force in the UK, including the UK GDPR, the Data Protection Act 2018 and the Privacy and Electronic Communications Regulations 2003 (as amended).
Business Day
A day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Business Hours
9.00am to 5.00pm on a Business Day.
Change Order
As defined in Clause 8.
Client Equipment
Any equipment provided by the Client and used in connection with the Services.
Client Materials
All documents, information and materials provided by the Client in connection with the Services.
Effective Date
The date of last signature of the first Statement of Work.
Fees
The sums payable for the Services as set out in the applicable Statement of Work.
Intellectual Property Rights
All intellectual property rights, whether registered or unregistered, including copyright, trademarks, patents, designs and confidential information.
Premises
As defined in the Statement of Work.
Pow Food Contact
The individual appointed by Pow Food to manage delivery of the Services.
Pow Food Equipment
Any equipment provided by Pow Food in connection with the Services, excluding items subject to a separate transfer agreement.
Services
The services set out in the applicable Statement of Work.
Statement of Work
The document setting out the Services, Fees, timetable and other agreed details.
Timetable
The timetable set out in the Statement of Work.
UK GDPR
As defined in the Data Protection Act 2018.
3. Commencement and Duration
3.1 The Agreement shall commence on the Effective Date and continue unless terminated earlier in accordance with Clause 15, or upon 30 days’ written notice by either party.
3.2 Pow Food shall provide the Services in accordance with the Timetable and any agreed additional requirements.
4. Statements of Work
4.1 Each Statement of Work must be signed by both parties.
4.2 No amendment may be made except in accordance with Clause 18.
4.3 Each Statement of Work forms part of this Agreement and does not constitute a separate agreement.
5. Pow Food Responsibilities
Pow Food shall:
5.1 Perform the Services with reasonable care, skill and diligence.
5.2 Ensure the Services conform to the applicable Statement of Work.
5.3 Appoint a Pow Food Contact with authority to bind Pow Food.
5.4 Use reasonable endeavours to comply with health, safety and security requirements at the Premises.
5.5 Comply with Applicable Laws relating to catering, allergens, health and safety.
Pow Food shall not be liable for delays or failures caused by any act or omission of the Client.
6. Client Obligations
The Client shall:
6.1 Co-operate with Pow Food in all matters relating to the Services.
6.2 Appoint a Client Contact authorised to bind the Client.
6.3 Provide access to the Premises and required facilities.
6.4 Provide accurate and complete Client Materials.
6.5 Inform Pow Food of all relevant health and safety requirements.
6.6 Maintain Client Equipment in good working order.
6.7 Obtain all necessary licences and consents.
6.8 Maintain Pow Food Equipment in accordance with instructions and not use it other than as authorised.
7. Non-Solicitation
7.1 The Client shall not solicit or employ any Pow Food employee, consultant or subcontractor during the Agreement or for 12 months following termination without prior written consent.
7.2 Any consent shall be subject to payment of a fee equal to 20% of the relevant annual remuneration.
8. Change Control
8.1 No change to the Services shall take effect unless agreed in writing via a Change Order.
8.2 Either party may propose changes.
8.3 Disputes relating to Change Orders shall be dealt with in accordance with Clause 17.
8.4 Specific notice periods apply for increases in employee numbers catered for.
8.5 Pow Food may charge for time spent preparing Change Orders proposed by the Client.
9. Fees and Payment
9.1 The Client shall pay the Fees as set out in the Statement of Work.
9.2 Fees exclude approved third-party costs unless otherwise agreed.
9.3 Pow Food may increase Fees annually in line with RPI.
9.4 Invoices are payable within 28 days of receipt.
9.5 Interest applies to late payments at 3% above the Bank of England base rate.
9.6 Pow Food may suspend Services for non-payment.
9.7 All Fees are exclusive of VAT.
10. Intellectual Property
All pre-existing Intellectual Property Rights remain the property of the owning party.
11. Compliance with Laws
Each party shall comply with all Applicable Laws. Any required changes shall follow the change control procedure.
12. Data Protection
12.1 Both parties shall comply with Applicable Data Protection Laws.
12.2 Pow Food acts as a data controller in accordance with its Privacy Policy.
13. Confidentiality
Each party shall keep confidential all confidential information during the Agreement and for two (2) years after termination, subject to lawful disclosure.
14. Limitation of Liability
14.1 Liability excludes indirect or consequential losses.
14.2 Pow Food’s total liability is limited to the Fees paid in the 12 months preceding the claim.
14.3 Nothing limits liability for death, personal injury, fraud or wilful misconduct.
15. Termination
15.1 Either party may terminate for material breach, insolvency or failure to pay.
15.2 Pow Food may terminate immediately for non-payment following written notice.
16. Obligations on Termination
Upon termination:
outstanding invoices become immediately payable
Pow Food Equipment must be returned
unused Client Materials shall be returned on request
17. Dispute Resolution
Disputes shall be resolved by mediation under the CEDR Model Mediation Procedure prior to court proceedings.
18. General
These Conditions constitute the entire agreement and include provisions relating to force majeure, waiver, variation, severability, relationship of parties, third-party rights, assignment and notices.
19. Governing Law and Jurisdiction
This Agreement shall be governed by the laws of England and Wales.
The courts of England and Wales shall have non-exclusive jurisdiction.
Workplace Tasting – Terms & Conditions
Workplace tastings are available to London-based businesses only and are subject to availability.
Tastings are intended for prospective Pow Food Catering clients and are designed as an introduction to our food, sourcing and approach.
Tastings are suitable for offices with a minimum of 35 employees on site.
Tastings are complimentary unless otherwise stated and are limited to one tasting per business.
The date, time and format of the tasting will be agreed with Pow Food in advance and may be adjusted based on operational requirements.
Tastings must take place at the workplace location provided at the time of booking and cannot be transferred to another site.
Pow Food reserves the right to decline or cancel a tasting request if eligibility criteria are not met or if circumstances change.
Tastings are non-transferable and have no cash alternative.
By submitting a tasting request, you agree to be contacted by Pow Food regarding your enquiry and related catering services, in line with our privacy policy.
Terms & Conditions – Miss Jones Spring Fair Prize
The prize is a complimentary team lunch provided by Pow Food for up to 30 people, with a maximum total value of £450.
This prize is exclusively available to offices attending the Miss Jones Spring Fair.
Eligible offices must be London-based and located within a 3 mile radius of Savile Row.
Offices must have a minimum of 30 employees based on site to qualify.
The team lunch must be redeemed on a single date agreed with Pow Food and is subject to availability.
The prize is non-transferable and cannot be exchanged for cash or any other alternative.
If a selected winner does not meet the eligibility criteria, they will instead receive a selection of NUUDA ready meals, soups and snacks (Pow Food’s sister brand).
Pow Food reserves the right to verify eligibility and to amend or withdraw the offer at any time.