Terms & Conditions

Service Agreement Nature
This agreement is offered as a service and maintenance agreement and is not sold or described by Nexgen as an insurance policy or insurance-backed product. It provides access to specified servicing, diagnosis, labour, parts and repair services subject to the plan selected, these Terms & Conditions and any applicable plan schedule or addendum. Nothing in these terms affects statutory consumer rights.

Company Details & Contact Information
Nexgen Protect is a product and trading style of Nexgen Property Solutions Limited (Company No. 15817554), a company registered in England and Wales. Registered office: C/O DPC Stone House, Stone Road Business Park, Stoke-On-Trent, Staffordshire, England, ST4 6SR. Website: www.nexgenstoke.com. Protect enquiries and correspondence: bo***********@*****ok.com.

Definitions
Accepted Claim: A fault or incident that Nexgen confirms falls within the customer’s cover after assessment.
Claim: One underlying fault or incident. Diagnosis, repeat attendance, return visits and replacement parts relating to the same underlying cause are treated as one claim.
Claim Value: The amount funded by Nexgen for labour, parts, materials and any applicable VAT in relation to an accepted claim.
Covered Property: The residential property address registered to the agreement.
Plan: The Essential, Premium or Comprehensive Nexgen Protect product selected by the customer.
Rolling 12 Months: The continuous 12-month period immediately preceding and including the date of the relevant claim

Coverage Address & Eligibility
Cover is provided solely for the Covered Property registered at the start of the contract. The service is available to homeowners and private residential landlords only. Houses in Multiple Occupation (HMOs) and commercial premises are excluded unless Nexgen expressly agrees otherwise in writing before cover starts. The customer must have lawful authority to authorise work at the Covered Property.

Product Scope & Documents Forming the Agreement
These Terms & Conditions apply to Nexgen Protect Essential Boiler Cover, Premium Boiler Cover and Comprehensive Boiler Cover supplied by Nexgen Property Solutions Limited. The customer’s order confirmation, plan schedule and any written addendum form part of the agreement. Where the customer purchases the Nexgen Protect Home Emergency Add-On, its separate addendum applies to that add-on. If there is a conflict, the more specific plan schedule or addendum will take priority only for the service it specifically addresses.

Group Structure & Liability Limitation
Nexgen Property Solutions Limited operates as part of Nexgen Corporation Limited. Contractual documents, confirmations and signature requests may be issued or administered through another company within the Nexgen Corporation group, including Nexgen Property Management Ltd. For the avoidance of doubt, the customer’s service agreement is entered into with Nexgen Property Solutions Limited and no other group company assumes responsibility for performance of this agreement unless expressly stated in writing.

Contract Start, Minimum Term & Renewal
The contract starts when the first monthly payment is received or on the start date shown in the order confirmation, whichever is later, and runs for a minimum term of 12 months. Any renewal arrangement, renewal price or continuation after the minimum term will be communicated in accordance with the customer’s payment authority and applicable law.

Cooling-Off Rights
Where statutory cancellation rights apply, the customer will normally have 14 days from entering the contract to cancel. If the customer expressly asks Nexgen to begin providing services during that period and then cancels before the service has been fully performed, Nexgen may charge a reasonable amount proportionate to services already supplied. Where a service has been fully performed during the cancellation period following the customer’s express request and required acknowledgement, the statutory right to cancel that service may end. These terms do not restrict any cancellation right that cannot legally be excluded.

Payments, Late Payments & VAT
Customers are responsible for maintaining a valid payment method and paying amounts when due. Missed or late payments may result in suspension of cover after reasonable notice. Where Nexgen incurs reasonable administration costs because of a failed or late payment, a late-payment administration fee of up to £15 may be charged where lawful and proportionate. Nexgen Property Solutions Limited is not currently VAT registered and VAT is therefore not currently charged on Nexgen Protect plan fees or other Nexgen charges. All prices, fees, excesses and customer contributions shown to a consumer are the total amounts payable unless clearly stated otherwise. If Nexgen becomes VAT registered in the future, VAT will only be charged where legally applicable and the total price payable will be made clear before the customer becomes liable for it. Any revised recurring plan price arising from a change in VAT status will normally apply from renewal; separately quoted or additional chargeable work will be priced according to Nexgen’s VAT status at the time the work is quoted or supplied. Nothing in this clause permits a price increase during a fixed minimum term except where lawfully agreed or otherwise permitted by these Terms & Conditions and applicable law.

Unlimited Call-Outs (Fair Use)
Where a plan is described as including unlimited call-outs, this means there is no fixed numerical limit on eligible requests for attendance during the contract term, subject to fair use, claim limits and the remaining terms of this agreement. It does not mean unlimited expenditure, unlimited parts or unlimited repairs. Excessive, abusive or unreasonable use, repeated requests for the same unresolved underlying defect, or use outside the intended domestic maintenance purpose may result in investigation, reasonable charges, refusal of further attendance for that issue, suspension or termination in accordance with these terms.

Boiler Age, Surcharges & Excess Fees
Plans apply to boilers of any accepted age subject to the applicable age pricing. Boilers aged 10 to 15 years incur an additional £3 per month surcharge on the selected plan. Boilers over 15 years incur an additional £3 per month and an £80 excess per accepted claim. Only one excess is payable for the same underlying claim, even where more than one visit is required. The excess is a customer contribution and is separate from Nexgen’s claim contribution limits.

Pre-Existing Faults & Initial Condition
The customer confirms that, to the best of their knowledge, there are no existing faults unless declared before cover starts. Faults, symptoms or defects that existed, were known, had already been diagnosed, or had previously been worked on before the contract start date are excluded until satisfactorily rectified at the customer’s cost and accepted by Nexgen. Nexgen may request evidence of prior repair or inspection where reasonably necessary.

Claims: £600 Per Claim / £2,000 Rolling Limit
For each accepted claim, the maximum contribution by Nexgen is £600 in total, including labour, parts, materials and any applicable VAT. Across all accepted claims, the maximum total contribution by Nexgen is £2,000 in any rolling 12-month period. Customer-paid excesses, separately authorised access work and customer top-up payments do not increase or reduce Nexgen’s contribution limits.

If the anticipated cost of a covered repair exceeds the remaining applicable claim limit, Nexgen will explain this before carrying out additional chargeable work. The customer may choose to pay the difference, subject to prior agreement. No additional chargeable repair work will be undertaken without the customer’s approval, except where immediate action is reasonably necessary to make a situation safe.

A single underlying cause is treated as one claim. Splitting diagnosis, labour, parts or return visits into separate requests does not create multiple claim limits. Reasonable diagnosis or attempted repair costs already incurred in relation to an accepted claim count towards that claim limit.

Parts Entitlement & Availability
Eligible cover begins from the contract start date, subject to the selected plan, the pre-existing fault provisions and the remaining Terms & Conditions. During the first three (3) months, eligible call-outs, diagnosis and labour are covered from day one in accordance with the selected plan, but parts and materials are not included and are chargeable to the customer unless Nexgen agrees otherwise in writing. Once the first three months have elapsed, eligible parts and materials may be included within the applicable £600 per-claim and £2,000 rolling 12-month contribution limits. All parts are subject to availability. Nexgen may use suitable equivalent or superseded parts where the original is unavailable, provided they are appropriate for the repair. Nexgen is not responsible for delays caused by genuine supply-chain or manufacturer availability issues beyond its reasonable control.

System Cleanliness & Water Quality
Heating systems must be reasonably maintained and free from excessive sludge, scale, contamination or other conditions that prevent a reliable repair. Faults caused by or materially contributed to by excessive sludge, contaminated system water or a lack of reasonable maintenance are excluded. Nexgen may require the system to be cleaned or remedial works to be completed before further covered repairs are undertaken.

Powerflushing & Chemical Cleaning
Nexgen does not include powerflushing under Nexgen Protect. Powerflushing, chemical cleaning, system flushing or similar remedial cleaning is outside the agreement and will be quoted separately where appropriate. A fault that cannot reasonably be rectified without such cleaning may be declined until the required cleaning has been completed.

Drainage & External Works
The boiler-cover agreement does not include drainage, drains or drain-related faults. External pipework, underground services and external drainage systems are excluded. Where a customer has separately purchased the Nexgen Protect Home Emergency AddOn, only the drainage services expressly described in that addendum are considered for cover and the exclusions in that addendum apply.

Scope of Boiler & Heating Cover
Parts cover applies to the boiler and associated controls only unless the selected plan schedule expressly states otherwise. Heating-system components outside the defined boiler components are labour-only unless expressly included. Covered repairs are intended to restore reasonable operation, not to upgrade, modernise or redesign an existing installation.

Defined Boiler Components – Conventional Systems
For conventional boiler systems, the following components may be treated as part of the boiler where they are necessary for normal boiler operation: motorised valves (including S-Plan or Y-Plan), external heating pump, cylinder thermostat, feed and expansion tank components, cold-water storage tank ball valves and floats, and timers. This definition does not automatically
include unrelated distribution pipework, radiators, sanitary fittings or other property systems.

Controls & Like-for-Like Replacement
Covered controls are replaced on a like-for-like or reasonably equivalent basis. Smart controls, enhanced controls, system redesigns, relocation and upgrades are not included unless the customer pays the additional cost and Nexgen agrees the work in advance.

Access to Faults & Making Good
Work needed solely to gain access to a fault, defect or leak is not included. This includes moving furniture or beds; lifting or removing carpets, laminate or other floor coverings; lifting floorboards; removing boxing, panels, kitchen units or fitted furniture; opening walls, ceilings, floors or dry-lined surfaces; removing tiles; or other intrusive access work. The customer is responsible for providing reasonable access to the covered component before repair.

Where practical, Nexgen may offer access work as a separate chargeable service. It must be authorised before work starts. Reinstatement and making good – including plastering, decoration, retiling, replacement flooring, joinery and cosmetic finishes – are not included unless separately quoted and agreed. Where access cannot safely or reasonably be provided, Nexgen may make safe only or decline the repair until suitable access is available.

General Exclusions
In addition to specific exclusions elsewhere in these terms, Nexgen may decline faults or costs arising wholly or materially from:

• Deliberate damage, misuse, abuse, neglect or failure to follow reasonable operating instructions;
• Third-party alterations, unauthorised repairs or non-compliant installation work;
• Failure or interruption of gas, electricity or mains water supplies outside the property;
• Building movement, structural defects, water ingress from the building fabric, flooding, fire, storm, freezing or other external causes;
• Pest or vermin damage, asbestos or other hazardous materials that prevent safe work;
• Cosmetic defects, minor noise or appearance issues that do not materially affect safe operation;
• Manufacturer recalls, defects that remain the responsibility of a manufacturer or installer under an active warranty, where it is
  reasonable to use that remedy first; or
• Works required solely to bring an installation up to a newer standard where no covered breakdown has occurred.

Claim Notification & Authorisation
The customer must contact Nexgen as soon as reasonably practical after becoming aware of a fault and before instructing another contractor. Nexgen is not required to reimburse unauthorised third-party call-outs, diagnosis, parts or repairs unless Nexgen agreed them in advance or reimbursement is otherwise required by law. The customer must provide accurate information about the fault and may be asked for photographs, service history or other reasonable evidence to assist diagnosis.

Attendance, Appointments & Abortive Visits
Nexgen will use reasonable efforts to arrange attendance according to the nature and urgency of the fault, engineer availability, location, weather and parts availability. Unless a specific response time is expressly confirmed in writing, response or attendance times are targets rather than guarantees. Customers must provide safe, clear and unrestricted access at the agreed appointment time. Missed, aborted or unsafe visits may be chargeable where the customer is responsible and reasonable costs have been incurred.

Beyond Economical Repair / Beyond Reasonable Repair
Nexgen is not required to carry out a repair where, following assessment by a suitably qualified engineer, the boiler or relevant component is considered unsafe to repair, beyond economical repair, incapable of a reasonable and lasting repair, or where required parts are no longer reasonably obtainable. In reaching that decision, Nexgen may consider the age and overall condition of the appliance, repeated or multiple faults, parts availability, the anticipated repair cost, previous repair history and the likely reliability of the boiler following repair.

Where a boiler is declared beyond economical or reasonable repair, Nexgen will explain the basis of the decision to the customer. Boiler replacement is not included unless expressly stated in the selected plan. Nexgen may provide a separate replacement quotation. Where the appliance can no longer reasonably be supported under the plan, Nexgen may terminate or amend cover for that appliance on reasonable notice, subject to the customer’s statutory rights and any appropriate adjustment of future charges.

Right to Refuse or Stop Work
All claims are assessed case by case. Nexgen may refuse, postpone or stop work where the claim is outside scope, applicable limits have been reached, the installation is unsafe or unlawful, safe access cannot be provided, required remedial works have not been completed, or continuing work would create an unreasonable health and safety risk. Nexgen will not exercise this right arbitrarily and will explain the reason where reasonably possible.

Upgrades & Separate Chargeable Work
Nexgen may recommend boiler, heating-system or control upgrades where considered beneficial. Any upgrade, improvement, access work, making good or non-covered remedial work is optional and will be quoted separately. A customer is not required to accept an upgrade in order to retain rights to a covered repair that can otherwise be safely and reasonably completed within the agreement.

Unsafe, Illegal or Non-Compliant Installations
Nexgen may refuse or stop work on unsafe, illegally installed or materially non-compliant systems. Engineers will follow applicable gas-safety and health-and-safety duties, including making safe where required. Where law or professional obligations require reporting of dangerous gas work or other reportable safety matters, Nexgen may make the required report without prior customer consent.

RIDDOR & Safety Reporting
Where an incident is legally reportable under RIDDOR or another mandatory safety-reporting regime, Nexgen will comply with its legal duties. This may require information to be provided to the relevant authority without prior notice to the customer.

Annual Boiler Service Entitlement
One boiler service is included per completed 12-month agreement, subject to the selected plan and the customer making the boiler available for service. The customer is responsible for contacting Nexgen to arrange the service within the applicable contract period. No cash refund or credit is due solely because a service was not booked or could not be completed following early termination, missed appointments or unsuitable access.

Boiler Service Scope
A standard boiler service includes a visual safety inspection, flue-gas analysis where applicable and reasonable operational checks. A full inspection of every heating-system component or a full system walk-through is not automatically included and may be carried out at the attending engineer’s professional discretion where relevant.

Right to Refuse Inspection / Loft Access
Inspection or servicing may be refused where access is restricted, unsafe or unsuitable. Loft-mounted boilers must have safe and suitable access, including an appropriate ladder or fixed access, adequate lighting, suitable boarding/flooring and any handrails required for safe attendance. Final access decisions are subject to the attending engineer’s risk assessment.

Animals & Site Safety
Customers must ensure pets and other animals are safely managed and do not obstruct or endanger engineers. Nexgen may suspend attendance until animals or other site hazards are made safe. The customer is responsible for loss, delay or reasonable additional cost caused by failure to provide a safe working environment, except to the extent caused by Nexgen’s negligence.

Customer Responsibilities
The customer must take reasonable care of the boiler and heating system, follow manufacturer operating instructions, report faults promptly, avoid continued use where doing so may worsen damage or create danger, maintain normal utility supplies, and provide accurate information to Nexgen. Customers must not deliberately worsen a fault or arrange unauthorised alteration of a covered component in order to obtain cover.

Early Termination by the Customer
The agreement has a 12-month minimum term. Where the customer chooses to end the agreement early without a statutory or contractual right to cancel, Nexgen may apply an early-termination charge. The existing charging bands are: 0-3 months: up to 75%; 3-6 months: up to 50%; 6-9 months: up to 25%; 9-12 months: up to 10% of the total annual plan cost selected at contract commencement. These percentages are maximums, not automatic penalties. Any charge will be limited to a reasonable amount reflecting Nexgen’s direct costs and losses arising from the early termination, taking account of payments already received and services Nexgen no longer has to provide.

Suspension or Termination by Nexgen
Nexgen may suspend or terminate cover for material non-payment, fraud or deliberately misleading information, serious or repeated abuse of staff, unsafe access, persistent misuse of the service, or a material breach of these terms that is not remedied after reasonable notice where remedy is possible. Immediate suspension or termination may be used where there is a serious safety, fraud or abuse concern. Any financial adjustment will be made in accordance with applicable law and the services already provided.

Complaints Handling
Complaints should be submitted in writing to bo***********@*****ok.com. Nexgen will acknowledge and review complaints within a reasonable timeframe and aims to resolve them fairly and promptly. Customers should provide their name, Covered Property address, contact details and a clear description of the issue. This complaints process does not affect statutory rights.

Data Protection & Privacy
Nexgen may process customer information to administer the agreement, take payments, arrange appointments, assess claims, provide services, maintain service records, communicate with the customer and meet legal or safety obligations. Personal information will be handled in accordance with applicable data-protection law and Nexgen’s privacy information. Relevant
information may be shared with engineers, contractors, payment providers or professional advisers where reasonably necessary to provide or administer the service.

Liability & Consequential Loss
Nexgen is responsible for loss or damage that is a foreseeable result of its breach of contract or negligence, subject to applicable law. Nexgen is not responsible for losses that are not foreseeable, business or commercial losses arising from a residential consumer agreement, or loss caused by matters outside the scope of the selected plan. Nothing in these terms excludes or restricts liability that cannot legally be excluded, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or the customer’s statutory consumer rights.

Force Majeure
Nexgen is not responsible for delay or failure caused by events genuinely beyond its reasonable control, including severe weather, major utility failure, industrial action, civil emergency, widespread supply-chain disruption or restrictions imposed by public authorities. Nexgen will use reasonable efforts to reduce disruption and resume service when reasonably practicable.

Amendments to Terms & Conditions
Nexgen may update these Terms & Conditions to reflect changes in law, regulation, safety requirements, service administration or the way the product is operated. Material changes that disadvantage an existing customer during a fixed minimum term will not be applied without reasonable notice and, where required by law, an appropriate right to cancel. Routine clarifications or changes that do not materially reduce the customer’s existing contractual benefits may take effect on notice or publication. Renewal terms may differ and will be communicated as applicable.

Entire Agreement, Severability & No Waiver
These Terms & Conditions, the order confirmation, the selected plan schedule and any applicable addendum together form the agreement. If any provision is found invalid or unenforceable, the remaining provisions continue in effect so far as legally possible. A delay by either party in enforcing a right does not mean that right has been waived.

Governing Law
This agreement is governed by the laws of England and Wales. The customer retains any mandatory right to bring proceedings in another UK jurisdiction where applicable.