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Provision of Services Regulations checklist

Distance selling at a glance will help you determine whether the Provision of Services Regulations (PSRs) apply to your business. They will apply if you supply services that are industrial or commercial in nature, a craft or the activity of a profession. If they do apply, then this checklist will help you determine what you need to do to comply.

Pre-contract information you must provide to your customers

Under the PSRs, you must make the following information available to customers in a clear and unambiguous way and in good time before the contract is concluded, or before the service is provided if there is no written contract.

The name of your business.
The main features of the service, unless apparent.
Your legal status and form (for example, whether you are a sole trader or limited company).
The geographic address at which you are established and details of how you may be contacted rapidly and directly (including, where appropriate, an email address or a number for text messages).
Contact details where customers can request information or make a complaint – this must include a telephone number and one or more of a postal address, fax number or email address and (if different to your postal address) your official address, if applicable.
Your trade or public register name and registration number.
The particulars of any authorisation scheme in the UK or other EEA state that you are covered by, or www.businesslink.gov.uk for the UK and the single point of contact for another EEA state.
VAT identification number.
If you carry on a regulated profession, your professional title, the professional body or similar institution with which you are registered and the EEA state in which that title has been granted.
General terms and conditions.
Contractual terms relating to the courts in which claims can be brought and the law applicable to disputes.
Any after-sales guarantee not imposed by law.
The price of the service, where a price is pre-determined.
Information about any professional liability insurance or guarantee, including the contact details of the insurer or guarantor and the territorial coverage.
How to access details of non-judicial dispute resolution procedures if you are subject to a code of conduct or are a member of a trade association or professional body that gives access to such procedures.

You must make this information available via one of the following means
  • supply it to the customer on your own initiative
  • make it easily accessible to the customer at the place where the service is provided or the contract concluded, for example, at your premises
  • make it easily accessible by the customer electronically, by means of an address you supply, for example, on a website
  • include it in any information documents that you supply which give a detailed description of the service.
Information you must provide to your customers if they ask

Under the PSRs, your customers are entitled to receive the following information if they ask for it.

Where the price is not pre-determined by your business for a given type of service, the price of the service, or, if an exact price cannot be given, the method for calculating the price so that it can be checked by the recipient, or a sufficiently detailed estimate.
If you are carrying on a regulated profession, a reference to the professional rules applicable in your EEA state of establishment and how to access them – so recipients can easily find the rules, for example, on a website.
Information on any other activities carried out by you or your business that are directly linked to the service in question, and on the measures taken to avoid conflicts of interest.
Any codes of conduct to which you are subject and the websites from which these codes are available, specifying the language version available.
Under the PSRs, you must make the information on the previous page available to customers in a clear and unambiguous way and in good time before the contract is concluded, or before the service is provided if there is no written contract (unless the information is requested after the service has been provided).

OFT 15.09.2011