TERMS AND CONDITIONS
(IMMACULATE HOUSE AND CLIENT)
These are the sole terms of business of IMMACULATE HOUSE LTD ("IH") and shall govern all transactions between IH and the client of IH (the "Client") save as otherwise expressly agreed in writing by IH. These terms and conditions of business apply in preference to and supersede any terms and conditions referred to, offered to, or relied on by the Client whether in negotiation or at any stage in the dealings between IH and the Client in respect of the service supplied by IH to the Client as specified in this Agreement (the "Service").
1. PROVISION OF SERVICEIH acts as an intermediary between the Client and the Service Provider to facilitate the provision of domestic and other related services. IH will provide the Client with access to its database of approved Housekeepers (each a “Housekeeper”) or other workers. IH reserves the right to make such variations in the supply of the service as it considers necessary or desirable and to provide only such access to its database as it, in its absolute discretion, deems necessary. Each Housekeeper or worker, details of whom are provided by IH to the Client, will have been vetted by IH to such extent as may be deemed necessary or desirable by IH. Details of the vetting procedure used in individual cases may, where applicable, be requested by the Client. Re- allocations are arranged when your worker leaves, ensuring continuity of service.
2. PAYMENT2.1 The Client shall sign and return to IH a Standing Order Mandate or other agreed method of payment authorising payment of the sum specified on the front of this Agreement to be made by the Client’s bank. Such payments will continue until the Agreement is terminated in accordance with clause 6.2 whether or not the Client retains a Houeskeeper or worker. Accounts are rendered calendar monthly, in arrears and are due for settlement within five working days.
2.2 IH facilitates the payment due by the Client to the Housekeeper or worker by invoicing Clients on their behalf. The Client is responsible for paying any Housekeeper or worker used by the Clientat an agreed hourly rate or rate as specified from time to time together with any travel costs where specified as stated on the front page of this agreement or notified by IH.
2.3 Unless agreed otherwise with the Housekeeper and/or IH, the full usual charge for that day (or such other sum as maybe notified by IH to the Client from time to time) will be payable to the Housekeeper or worker to compensate for expense and inconvenience, should the Client cancel appointments with the Housekeeper or worker by giving IH and/or the Housekeeper or worker less than 48 hour’s notice or no notice at all.
2.4 The Client is responsible for all bank and legal charges resulting from a dishonoured cheque or other form of payment.
3. OBLIGATIONS OF IH3.1 IH will use its reasonable endeavours to obtain from its database a suitable Housekeeper or worker once the mandate and signed agreement is returned to IH. The Client will be able to interview Housekeepers or workers with whom they wish to engage if they should decide to do so or IH may interview on the Client’s behalf.
3.2 IH will not send a mandate to the Client’s bank until the Client has engaged a Housekeeper or worker.
3.3 IH will use its reasonable endeavours to reply promptly to any queries of the Client and assist in arranging an interview between the Client and a prospective new or replacement Housekeeper or worker.
3.4 IH will make available to the Client any Housekeeper or worker’s references on request, provided the Housekeeper or worker is to be or is prospectively to be engaged by the Client.
3.5 All the Housekeepers or workers introduced by IH are self-employed and are responsible for declaring any tax and national insurance contributions on the remuneration which the Client pays to them.
4. OBLIGATIONS OF THE CLIENT
4.1 The Client should retain the services of a Housekeeper or worker for a minimum of three hours per visit for weekly or more frequent service and four hours per visit for anything less than a weekly service and for a minimum three-month consecutive period under the terms of this contract. The Client will be responsible for arranging cleaning times, giving instructions and making timely payments care of IH to the Housekeeper or worker as invoiced by them.
4.2 The Client will keep IH fully informed by giving at least 48 hours notice of any changes in requirements relating to the days or hours worked by a Housekeeper or worker or any complaint about a Housekeeper or worker which results in the Client wishing to appoint a new Housekeeper or worker in place of the existing Housekeeper or worker.
4.3 Unless agreed otherwise with IH the Client will give 48 hours notice to the Housekeeper or worker of any changes to times or material changes in duties in carrying out his/her work.
4.4 any absences of a Housekeeper in order to enable IH to take remedial action
4.5 The Client will supply all the necessary cleaning, laundry and ironing materials which must include a working vacuum cleaner and fully operational steam iron and ironing board. Equioment must be in good working order and safe to use. Optionally IH will supply, at extra cost, laundry and cleaning products.
4.6 The Client will give all instruction as to hours to be worked and duties to be performed directly to IH which they will pass on to the Housekeeper or worker.
4.7 The Client must provide IH with a clear set of instructions where necessary for the Housekeeper or worker and the Client must use the Housekeeper or worker only for domestic work as previously agreed.
5. INSURANCE5.1 As a benefit to the Client each Housekeeper introduced to the Client by IH will be covered by an insurance policy which includes public liability cover providing for a maximum payment of £1,000,000 in the event of damage to or loss of the Client’s property provided that this damage or loss is caused by the negligence or omission of the Housekeeper or worker. The Client acknowledges and confirms that each Housekeeper or worker is self-employed and not an employee of IH and that save as otherwise provided herein, IH shall not be liable for any act, default or omission of the Housekeeper or worker.
5.2 The insurance policy will only cover loss or damage to property if and to the extent that the loss or damage is of a value in excess of £100. Neither IH nor its insurers will accept liability for any claims under £100 which are hereby excluded .Where any claim is of a value in excess of £100 the Client shall be liable to pay the first £100 of any such claim.
5.3 The insurance policy does not cover theft of property or possessions or loss or damage caused by bleach or any substances containing bleach.
5.4 The insurance policy is subject to the terms and condition contained therein, details of which are available from IH on request and the Client shall be bound by the terms and conditions thereof. The Client acknowledges and agrees that such insurance is provided as a benefit by IH and in the event that any claim by the Client is not covered by the terms and conditions of such policy IH shall not be liable to the Client in consequence.
5.5 IH will not arrange for the insurance referred to in this clause if any fees payable to IH by the Client remain unpaid for a period of more than 30 days in accordance with the terms and conditions of this agreement.
5.6 An insurance policy taken out by the Client may void the insurance policy referred to in this clause in which event all damage and loss will only be recoverable under any policy of the Client
6. EXCLUSIVE LIABILITY6.1 IH hereby accepts liability in the event of death or injury to any person arising out of the negligence of IH, its agents, sub contractors or employees.
6.2 To the extent permitted by law and subject to the provisions of clause 5.1 IH hereby excludes liability for any loss or damage whatsoever to the Client or any goods or property of the Client arising in any way whatsoever including breach of contract, breach of any statutory provisions or implied terms and/or as a result of the negligence of IH or its employees, subcontractors or agents.
6.3 IH shall not be liable in any event for any consequential, indirect or special losses suffered by the Client arising in any way whatsoever including without limitation to the generality of the foregoing from breach of contract or in tort or as a result of the negligence of IH or its employees or agents or of any Housekeeper or worker supplied by IH and including (without limitation) any loss of income, loss of profits or loss of interest or opportunity.
6.4 IH shall not be liable in any circumstances for any consequential, indirect or special losses incurred by the Client as a result of failure of any Housekeeper or worker to comply with his or her contractual obligations for whatever reason notwithstanding that such a Housekeeper or worker may have been introduced or recommended by IH to the Client.
6.5 IH shall not be liable for any failure of, or delay in, performance of any contract or part thereof in pursuance of these terms and conditions which is due wholly or partially to the imposition, application or enactment of any law or statutory regulation (whether in the United Kingdom or elsewhere) by any competent authority, strikes, lock-outs an act of God or natural disaster or other cause or occurrence reasonably beyond the control of IH.
6.6 All warranties in respect of the service whether implied by statute or common law, made expressly or otherwise are herby excluded to the extent permitted by law. Furthermore, to the extent permitted by law IH does not guarantee the Service or the performance thereof in any way whatsoever.
6.7 I H shall not be required to perform or complete the performance nor shall it incur any liability for failure to carry out the terms of this Agreement if at the relevant time the Client is in breach of any obligation to IH under any other contract for the supply of goods and services to the Client by IH, its employees, subcontractors or agents. IH shall have a reasonable time after such a breach is remedied to carry out its obligations hereunder. If such a breach is not remedied within a reasonable period of time IH shall have the right on giving reasonable notice to the Client to terminate the agreement and shall have the same remedies against the Client as if there had been a breach by the Client of a term of this Agreement enabling IH to rescind it.
6.8 IH undertakes to be responsible for the return of keys, within a reasonable amount of time, when requested by the Client but is not liable for any loss of whatever nature that may arise as a result of any delay in doing so, subject to the provisions of this clause 5.
6.9 Without prejudice to the foregoing provisions of this Clause 5 IH shall not be liable for any loss or damage caused by bleach or any substances containing bleach, howsoever arising.
7. TERMINATION7.1 IH can terminate this Agreement only by giving not less than one month’s notice in writing to the Client
7.2 The Client can terminate this Agreement only by giving not less than one month’s notice in writing to IH.
7.3 For a period of 12 months following termination of this Agreement the Client will not employ or use the services of any Housekeeper or worker who is or has been introduced by IH.
7.4 The Client will not refer any Housekeeper or worker introduced by IH to any other person except through IH.
7.5 The restrictions contained in Sub-clauses 7.3 and 7.4 are separate and distinct and each is to be construed separately from the other.
7.6 The restrictions contained in Sub-clauses 7.3 and 7.4 are considered reasonable by the Parties but in the event that either of such restrictions shall be found to be void but would be valid if some part thereof were deleted or the scope or period reduced, such restrictions shall apply with such modification as maybe necessary to make it valid and effective.
8. GENERAL8.1 This Agreement is the entire agreement between IH and the Client in respect of the Services and no variation of this Agreement shall be effective unless such variation is in writing and signed by the Client and IH. This Agreement replaces any relevant agreement between the Client and IH.
8.2 If any provision of the Agreement shall be found to be void, invalid or unenforceable, whether by a court of law, agreement of the parties or otherwise, the remainder of this Agreement shall remain in full force and effect notwithstanding any such invalidity, illegality or unenforceability but the provision in question will either be amended so as to make it valid, legal and enforceable or, in the event that this is not possible, deleted.
8.3 No delay or failure on the part of IH to exercise or enforce any rights or remedies pursuant to the terms of this Agreement shall constitute a waiver of such rights or operate to prejudice the exercise of any such rights at any time thereafter.
8.4 Any headings to clauses or sub-clauses are for convenience only and shall not effect the interpretation or construction thereof.
8.5 These terms and conditions shall be construed in accordance with and governed by English law and subject to the jurisdiction of the English courts.
