1.We are a personal assistance and time management business and you have engaged us to perform certain services on your behalf, which may include the arrangement of services to be carried out for you by a supplier. Where the services may only legally be carried out by a supplier with suitable qualifications and/or insurance, we will endeavour to ensure that any supplier recommended by us to perform the services are qualified/insured.
2.(1)Where we have provided names of suppliers, unless you have expressly requested a particular supplier, we shall make reasonable efforts to ensure that the suppliers charges for providing the services are reasonable with regard to the local rate for them. However, we give no warranty as to any charges for services which have been ordered, negotiated or arranged by you direct with the supplier.
2.(2)Whilst we shall use our best endeavours to ensure that any supplier recommended by us is competent to carry out the service to a proper standard of workmanship and quality, we shall not be liable if his performance falls below that standard.
3.Our charges for our tasks (i.e. the tasks we carry out for you ourselves) will be charged at our advertised rates from time to time.
4. We shall not be responsible for the security of communications sent by us to you or others in relation to our tasks by e.mail. Please let us know if, at any stage, you do not wish us to use e.mail for communications.
5.We intend to rely upon the written terms set out here. If you require any changes, please make sure that you ask for them to be put in writing. In that way, we can avoid any problems surrounding what we and you are expected to do.
6.In the event that you engage us to arrange for services to be performed at a particular location, you will give reasonable access to it (including to the interior of any premises) to us, our employees and agents so we may perform the services without hindrance.
7.You will be responsible for obtaining from any other party (e.g landlord) or any government or authority any consent that is necessary for the services to be provided.
8.We will not be liable under this agreement for any loss or damage caused by us or our employees or agents in circumstances where (1) there is no breach of a legal duty of care owed to you by us or by our employees or agents; (2) such loss or damage is not a reasonably foreseeable result of any such breech; (3) any increase in loss or damage resulting from the breach by you of any term of this agreement.
9.We will not be liable under this agreement for any loss or damage caused by the supplier and its employees.
10 (a)We shall not be liable to you if any document obtained by us for you (e.g. theatre tickets) is subsequently not found to be genuine or if it is not accepted by any other party (e.g. theatre).
(b)However, we will use all reasonable actions to ensure that such documentation is genuine and bona fide.
11.We will not be liable to you if we do not perform our tasks, or the services are not performed by any third party for reasons beyond our control, e.g. strike, lock-out, labour dispute, transport difficulties, act of God, war, riot, civil commotion, malicious damage, application of law, accidental breakdown of plant and machinery, fire, flood, storm and other circumstances affecting the provision of goods and services.
12.All advice, information, recommendation and guidance is given in good faith without accepting any legal or financial liability.
13.Suppliers’ charges for the performance of the services will at all times be payable by you unless we have agreed otherwise.
(1) Payment of our charges for our tasks shall be payable on invoice with cash, cheque or by bank transfer. Interest at 5% per annum over the base rate from time to time of the Bank of England will be charged on any balance due which remains unpaid seven days after invoice.
(2) If the quotation for the task is in excess of £100.00 then 50% shall be payable 3 days before the commencement of that task and the remaining 50% on completion.
15.If you have a complaint about the performance or conduct of a supplier it should be addressed to the supplier. We would, however, ask that you notify us of any complaint as it would help us in assessing for future use the supplier
16.We will try to provide a high quality service to you in carrying out our tasks. If you are unhappy at any time about how we perform them for you, please contact us at the above address, and we will investigate any complaint as soon as practicable and report back to you. This does not affect you statutory rights.
17.Cancellation and cooling off period.
(1) You have a right to cancel this agreement within one week and receive a full refund, except where (i) we have performed all or part of our tasks; (ii) the services have been performed; or (iii) the supplier has been engaged by us on your behalf.
(2) If you wish to cancel, you must notify us in writing at the address shown above, so that we receive it within one week of the commencement date. Less than this and we shall charge a standard rate of £25.00 however you may change the commencement date within reasonable limits.
(3) If you cancel your order we shall charge you for the tasks we have carried out for you up to the time we have received notice of cancellation at the rate mentioned; (ii) be entitled to recover from you any money paid by us to a supplier in relation to the services you have requested; (iii) any money paid by us for goods reasonably required in the procurement of these services or the carrying out of our tasks (e.g. price of theatre tickets).
(4) We reserve the right to cancel this agreement at least one week before the intended date of the performance of the services, without giving reasons, and we shall use reasonable endeavours to notify you of such a cancellation as soon as it is reasonably practicable to do so.
18.(1) We may make a search in relation to your financial status with a credit reference agency, which will keep a record of that search.
(2) Save to the extent that disclosure may be required by law, we shall keep confidential all information about you and we shall not disclose any information about you to any other party except to a supplier to the extent that such disclosure is necessary to enable the supplier to perform their services.
19.Any notice or communication which is given under the terms of this agreement or in relation to our tasks shall be served by 1st class post (in the case of a notice being sent to us, to our main office address) and shall be deemed to have been received on the 2nd working day after posting, or by e.mail which shall be deemed to be received on the day of transmission if sent before 4pm or the next working day if sent after 4pm.
20.If any of the provisions of this agreement are unforeseeable, such provisions shall be served from this agreement and the remainder of the provisions shall remain in full fore and effect. This agreement shall be construed in accordance with English law and we and you agree to submit to the non-exclusive jurisdiction of the English courts.
21.If, during any long-term contract/package, which is to be paid for in advance, you feel you no longer need the services or if you die then monies paid are non-refundable.
22.If, for any reason a long term customer of over two months knows that they will not require our services for more than one week then a 50% retainer will be charged after the first week.
23. Additional mileage charges at the standard rate of 50p per mile will apply for distances over a three mile radius of Weston-super-Mare after the initial consultation.