Regular, Deep, Holiday Lets, End of tenancy & Commercial Cleaning
Terms and conditions
By accepting our agreement or using our service; set up either by phone, email, website or face to face or social media platforms, the client agrees to be bound the following terms and conditions by Lyon Home Maid Services {Business}
You will be provided a copy of these ‘terms and conditions’ within your cleaning/social/shopping agreement with any special requirements documented during walk around assessment visit, only regular contracted agreement customers will be provided a copy if you are unable to see the print these are available on our website www.lyonshomemaidservices.com for your reference.
Definitions
1.1. In these Terms of Business, the following definitions apply:
Lyon’s Home Maid Services {Business}
“Business” ‘Lyon’s Home Maid Services {Business} / Director - “Us”, “We” – means us
“Cleaner” – means the person providing cleaning services on behalf of the Business.
“Customer/ Client” – means the person client of our agreement or acting third party.
“Services” – means the cleaning, shopping or social call services carried out on behalf of the ‘Lyon’s Home Maid Services {Business}
1.2. Unless the context requires otherwise, reference to the singular include the plural and references to the masculine include the feminine and vice versa.
1.3. The Headings contained in these Terms are for convenience only and do not affect their interpretations.
CONTRACT
2.1 These Terms and Conditions represent a contract between ‘Lyon’s Home Maid Services {Business} and the Customer or third party acting on behalf of the customer
For example, ‘Family member or Friend’ acting on behalf or third party with/without POA/LPA
2.2 The Customer agrees that any use of the Business services, including placing an order for cleaning services by telephone, live chat, email, website forms shall constitute the Customer’s acceptance of these Terms and Conditions.
2.3 Unless otherwise agreed in writing by a director of the Business, these Terms and Conditions will prevail over any other terms of business or purchase conditions put forward by the Customer or any third party acting on behalf of the customer.
2.4 No variation or alteration of these Terms and Conditions will be valid unless approved in writing by a director of the Business.
COST
3.1. Customers, who have (or have not) signed a service contract with the Business, are charged vary amounts for a Regular Domestic Cleaning. There is a minimum of 1.0 hours per cleaning visit.
3.2. Customers, who have (or have not) signed a service contract with the Business, are charged vary amounts per hour for a One-Off Cleaning. There is a minimum of 1 hours per cleaning visit.
EQUIPMENT
4.1. Cleaning materials and equipment (hoover, mop, bucket etc.) are provided by Business unless provided by the customer. All equipment must be safe to operate, in full working condition and must not require any special skills to be used for the purpose of cleaning.
4.2. If the Customer has equipment that is complicated to operate, the Customer must provide clear and detailed instructions to the Cleaner.
4.3. The Customer must ensure that any electrical outlets (electrical sockets) are safe to use within the customer’s property for use of the cleaners/sole trader for their equipment such as ie Vacuum cleaners, steam cleaners etc
4.4. If the Customer requires use of their own cleaning equipment, they must understand that we don't accept any liability for any damages or failure of equipment, also professional standards may be impacted ie (suction of vacuuming maybe poorer quality) but our cleaner will do their best with what's provided.
4.5. A detailed list of cleaning requirements (cleaning tasks) must be provided by the Customer to the cleaner prior to service commencing. If only verbal description of the tasks has been provided, the Business will not be responsible for any tasks not carried out, we offer an initial assessment visit to help you along documenting along the way.
PAYMENT
5.1 Payment is due upon completion or within 7 days of service provided in the form of a cash, bank transfer/standing order payments or cheque, payments by cheque are to be given to the cleaner on visits ‘we do NOT accept via postal arrangements.
5.2 Although greatly appreciated and a powerful way to say, ‘Thank you’, the Customer understands that tipping is not required.
5.3 ‘Lyon’s Home Maid Services {Business} reserves the right to charge interest on invoiced amounts unpaid for more than 7 days at the rate of £20 flat rate from the due date until the date of actual payment.
5.4 If the Business is forced to refer the Customer’s account for collection to a third party, then extra fee may be added to the outstanding amount by the debt collecting company to obtain unpaid debts.
5.5 The Business reserves the right to cancel any contract and back charge additional for a past service to reflect the balance of the standard rate if any misleading or false information was used to obtain discounted service or if the given general requirements for the service and its professional performance would not be possible.
5.6 Lyon’s Home Maid Services {Business} offers to take advance payments, via yourself or third party and will enter the agreement for the period.
REFUNDS
6.1. No refund claims will be entertained once the cleaning service/Complaint/Companionship/Shopping Errand call services have been carried out.
6.2. Refund will be issued only if the Customer has cancelled a cleaning service/complaint/companionship/shopping Errand call within 48 hours prior to the start of the session and a payment has been already taken by the Business.
6.3. Refund will be issued in case if a cleaning operative doesn’t attend a cleaning service, or any other service we offer, payment for which has been already collected by the Business.
CANCELLATION
7.1. The Customer agrees to pay the full price of the cleaning service/complaint/companionship/shopping Errands services if;
a) The Customer cancels or changes the time/date less than 48 hours prior to the scheduled appointment; b) The Customer fails to provide access to the service premises thus preventing the Business to carry out the booked visit;
c) There is a problem with the Customer’s keys and the cleaner or director can’t let themselves in. If keys are provided, they must open all locks without any special skills.
2. If the Customer needs to change the cleaning service or time the Business will do its best to accommodate him. A minimum of 48 hours' notice is required. Please note that the Business cannot guarantee that the same cleaner/s will be available on the new day and at the time the Customer requires. Any changes in the cleaning schedule are subject to availability.
7.3. Lyon’s Home Maid Services {Business} works on any day of the week excluding Public Bank Holidays. If the Customer’s cleaning service is due on a Bank Holiday this will be rescheduled to the next available slot, The business will inform you to confirm the next date/day available. The Customer agrees to and understands that the regular amount due for that cleaning service will be charged regardless of whether the cleaner / director has attended the Customer’s property or not, and that the business will reschedule in a slot for you after the public bank holiday.
EMPLOYMENT REFERRAL FEE
8.1. The Customer is liable for an employment referral fee of £500.00 per person, should he directly employ (either legally or on a cash basis) anyone currently employed by the Business. The Customer agrees to pay this fee whether he notifies the Business of his/her action, or the Business discovers this employment independently at any time after it occurs.
The Customer further agrees to reimburse the Business for all collection or legal fees the Business incurs in collecting this fee.
CLAIMS
9.1. While the Business {cleaners} or director make every effort not to break items, accidents do happen. Identical replacements are always attempted but not guaranteed. For this reason, the Business requests all irreplaceable items (whether monetarily or sentimentally valuable) be stored away and /or not cleaned by the cleaners or director..
9.2. In case of damage, The Business will repair the item at its cost. If the item cannot be repaired the Business will rectify the problem by crediting the client with the item’s present actual cash value toward a like replacement from a Business source upon payment of cleaning service rendered, at a maximum amount of £200
9.3. The Business will not be responsible for damage due to faulty and/or improper installation of any items also old/worn out/damaged items. All surfaces (i.e., marble, granite, etc.) are assumed sealed and ready to clean without causing harm.
9.4. Key replacement fee is paid only if keys are lost by our operatives. There is a £25 per location liability limit but won’t be held to replace all customers home locks and would accept that they will have to source a locksmith to attend.
COMPLAINTS
10.1. All complaints must be received in writing by text message or email and include photographic evidence of the issued area and description of the issue within reasonable time of cleaning services completion, to ensure that the details are received in a clear and complete manner. Due to the nature of the service, reasonable time is equal to up to 48 hours upon completion of the service.
10.2. If the Customer is unpleased with a currently occurring cleaning service, the Business asks that the Customer notifies it as soon as he notices anything that might be to her/his dislike by calling our number within the agreement. Please don’t wait until the service is ending.
10.3 Further to Consumer Rights Act 2015, the service should be performed with reasonable care and skills, however if it is in conformity with our requirements for a professional performance of the service or the requested cleaning service is inapposite for the situation, the Business will not be liable for any future issues.
LIABILITY
11.1. The Business will not be liable under any circumstances for any loss, expenses, damages, delays, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Customer arising from or in any way connected with a late arrival of Business cleaner/ director at the service address. The Business endeavours to be right on time on any visit but sometimes due to transport related and other problems which are beyond the Business’s control, the Business cleaners or director may arrive with a delay, or the cleaning visit may be re-scheduled.
11.2. The Business will not be liable under any circumstances for any loss, expenses, damages, delays, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Customer arising from or in any way connected with:
– A cleaning service/companionship/shopping errand call services not complete due to the lack of suitable/enough cleaning materials or time, lack of electricity or hot water or equipment not in full working condition ;
– Third party entering or present at the Customer’s premises during the cleaning process;
-An existing damage to Customer’s property in the form of old stains, burns etc. which cannot be cleaned/removed completely by the cleaner using the Customer’s cleaning equipment and materials and in accordance with the industry standard cleaning methods as described or upon inspection;
– Any damages caused by faulty/not in full working condition equipment or materials supplied by the Customer;
– Any damages worth £200.00 or less.
11.3. The Business will not be liable under any circumstances for any loss, expenses, damages, delays, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Customer arising from or in any way connected with the Business providing services for the Customer if the Customer has an outstanding amount aged 7 days or more from the date the payment was due.
SUPPLEMENTARY TERMS
12.1. If the Customer requests keys to be collected by the Business’s director from a third party’s address outside the postal code of the serviced address, then a £30.00 charge will apply. The charge will cover only the pickup of keys. If said keys need to be brought back to the third party’s address or any other address another charge of £30.00 will apply.
12.2. The Business reserves the right to reevaluate rates at any time should the Customer’s initial list of tasks changes from the initial assessment visit/ contractual agreement.
12.3. Lyon’s Home Maid Services {Business} reserves the right to amend the initial quotation, should the Customer’s original requirements change. Differences in excess of 10% will be discussed with the Customer prior to the start of the work.
12.4. If any estimates of how long it will take the cleaning services to complete the job are being provided those are only estimates based on the average time it takes to clean a house/flat or an office of similar size to the Customer’s, it being difficult to calculate precisely how long such tasks may take and that a degree of flexibility may be required. Please note that one off cleaning may take longer to complete due to longer intervals between cleaning sessions, number and type of cleaning tasks required, when compared to the regular maintenance cleaning of the same property.
12.5. The Customer understands that the price he has been quoted is not for a “package deal” and doesn’t include anything apart from cleaning service, companionship, shopping errand call services labour.
12.6. The Business will arrange an immediate replacement an operative cannot attend a scheduled visit and will inform the Customer prior to the visit. The time may vary due to the last minute needed rearrangements.
12.7. Post Construction Cleaning (After Builders Cleaning), Event Cleaning or badly neglected homes may take up to three times longer than a well-maintained home requiring general cleaning. Therefore, the Business advises the Customer to ask for our specialist cleaning service: After Builders Cleaning, End of tenancy, Holiday Lets etc
12.8. The cleaners / director is not allowed to hand wash any items of clothing belonging to the Customer. The Business advises that our cleaners can only use a washing machine for such tasks, which must be in suitable working order; otherwise, we may refuse to operate and unable to accept any liability for such breakdowns of appliances.
12.9. All fragile and highly breakable items must be secured or removed.
12.10. The cleaners/ director are allowed to use and work with bleach or bleach containing products, unless you state otherwise, but must inform us while setting up our contractual agreement or if this changes during the agreement. The Business will not be liable under any circumstances for any damages to Customer’s property caused by bleach containing products by our cleaners or director.
12.11.1 If any special inquiries for the cleaning service occurs, the customer should advise prior the start of the service/contractual agreement. Any allergies or intolerances of the detergents or their content should be noted in advance on our initial assessment walk around visit or when known if anything changes.
12.12. Lyon’s Home Maid Services {Business} reserves the right to make any changes to any part of these Terms and Conditions without giving any prior notice. The Business may add to or alter these Terms and Conditions from time to time, and any alterations or additions will apply to new business but not to existing contracts. Please refer to your copy of these Terms and Conditions or visit our website for further information.
12.13 Lyon’s Home Maid Services {Business} use of professional cleaning products that may have a strong odour, these chemicals may cause various issues such as ‘irritation’ or any other health issues if any such arises please inform us during our visit {windows will be opened} if applicable and written onto our special requirements contractual agreement.
REFERRAL CREDIT
13.1. Any Customer of the Business will receive a one-time credit of £10.00 for referring another Customer. Credit will be issued after new Customer has been serviced 3 times.
LAW
14.1 These Terms are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the Courts of England, and Wales.
14.2 These Terms and Conditions are in regulation of the Consumer Rights Act 2015 and are not in imbalance in the parties' rights or obligations under the contract.
14.3 The Terms are transparent for the purposes and expressed in plain and intelligible language and are legible
14.4 The Terms are prominent for the purposes of the section and brought in such a way that a consumer would be aware of them.
OTHER
15.1 Lyon’s Home Maid Services {Business} terms and conditions are within our website and provide changes that may have changed from time to time, any request for a paper copy can be provided if you contact us, by written email, letter etc. For a lost or misplaced an additional charge may occur for our admin.
15.2 Lyon’s Home Maid Services {Business} ensure we go the extra mile to help; endeavours to supports people within their homes and communities however we will not be liable under any circumstances for any loss, expenses, damages, delays, costs or compensation [whether direct, indirect or consequential which may suffered or incurred by the customer arising from or in any way connected to us that may impact the business or the director of the Business Lyon’s Home Maid Services {Business}
15.2 The customer must inform us as soon as possible, if any of the above terms and conditions are unsuitable for them so we can assist to help, however this forms part of our contractual agreement/ services so we may terminate our agreement/contract with you our customer subject to any request must be made in writing to the business address formed within the agreement.
OUR GUARANTEE
16.1 The Business has built its business and reputation by providing its clients with the best possible services available. Still the business realises, that because we are only human beings, they sometimes make mistakes. For this reason, the business sole trader offers a guarantee. If the client is not satisfied with any areas of our business, we will come back to client's home to discuss or reclean those areas free of charge. [ Please note that this guarantee will not apply if the condition of the home has deteriorated since the original cleaning was undertaken.]
Companionship, Shopping and Errands Services
Terms and Conditions
By accepting our agreement or using our service; set up either by phone, email, website or face to face or social media platforms, the client agrees to be bound the following terms and conditions by Lyon Home Maid Services {Business}
You will be provided a copy of these ‘terms and conditions’ within our Companionship, Shopping and Errands Services with any special requirements documented during initial assessment visit, if you are unable to see the print these are available on our website www.lyonshomemaidservices.com for your reference.
Definitions
1.1. In these Terms of Business, the following definitions apply:
Lyon’s Home Maid Services {Business}
“Business” ‘Lyon’s Home Maid Services {Business} / Director - “Us”, “We” – means us
“Companion” – means the person is providing the non-medical, social, practical and emotional support on behalf of the Business.
“Customer/ Client” – means the person client of our agreement or an acting third party.
“Services” – means the shopping, companionship or errands carried out on behalf of the ‘Lyon’s Home Maid Services {Business} provided in accordance with our terms and conditions agreed in your companionship agreement and terms and conditions.
Unless the context requires otherwise, reference to the singular include the plural and references to the masculine include the feminine and vice versa.
The Headings contained in these Terms are for convenience only and do not affect their interpretations.
we/us/our A Companionship Companion, shopping and errand service, a private business
2.0 Assessment of your companionship needs
2.1 we will make an appointment to visit you at your home and discuss our services and your special requirements and wishes, Following your initial contact with us, we will contact you on telephone and/or meet with you (and if applicable, visit your Home) to discuss further details, detaining what services you require and get to know your wishes and expectations..
2.3 You agree to tell us (and agree to keep us informed of) all information which may be relevant to your Companionship agreement for example:
• your likes / dislikes • routines• allergies• lifestyle preferences• other support services• details of family, friends, or relatives who also engage in your care•
physical and medical conditions.
3. Where possible, before we prepare your Companionship agreement, we shall give you an overview of the following information:
The main characteristics of the Services
Our Hourly fees
4. Our agreement with you
4.1 These terms and conditions, together with your Companionship agreement set out how we will provide our Services to you and are the basis of the agreement between us and you.
4.2 After we have conducted our initial assessment of your wishes as set out in a written Companionship agreement setting out a description of the Services which we agreed that we can provide to you. Your Companionship agreement, is our bespoke proposal, tailored to your personal requirements and is based on our initial assessment of your companionship wishes; any changes can be amended to the agreement as we know things can change such as a planned day to changing from playing games to a supermarket shopping day an example, your wishes and our services make a reflection on what you want to do that day in line with our assessment and terms and conditions.
4.3 We will give your Companionship agreement to you upon after a formal discussion of your wishes unless we agree otherwise. You agree to check that the details of your Companionship agreement complete and accurate. If you think there is a mistake or require any changes, please let us know. We will confirm any changes to your assessment in writing to avoid any confusion between you and us.
4.4 We ask you to sign your Companionship agreement to indicate that you accept our proposal and agree to pay our Fees. Once you have accepted and signed your Companionship agreement, you should return it to us to the address specified in these in your agreement or we can collect it from you, by giving us a call.
4.5 This then becomes a legal agreement between us.
4.6 We will review your Companionship assessment with you from time to time, and if we reasonably believe that your needs or requirements have changed, we will discuss with you whether your Companionship assessment needs to be changed and how this may impact on your hourly fees.
4.7 If your needs change or increase to a level which cannot be met by us, we will tell you without delay. We will discuss alternative arrangements and endeavour to agree a mutually acceptable solution. We will endeavour to continue to provide the Services to you during this period.
4.8 If you have been hospitalised at any time during this agreement, we will review your Companionship assessment following your discharge and prior to recommencing companion services.
5. Services
5.1 You may change the Services set out in your Companionship assessment at any time before we start providing the Services by contacting us.
5.2 If you ask to change the Services, we will tell you in writing of any change to the Fees. You may then accept the revised Fees.
5.3 Our services are discussed with you during the initial companion assessment for example; playing games, shopping, going for walks and social events etc we don't provide any personal care.
6. Providing the Services
6.1 We will start providing our Services to you only once we acknowledge that we have received your signed Companionship agreement. We will then continue providing the Services unless we or you end this agreement.
6.2 We will provide the Services in your Companionship assessment to you in accordance with the dates and times set out in your Companionship agreement
6.3 We will make reasonable efforts to complete the Services on time. We cannot, however, be held responsible for any delays if an event outside of our control occurs.
7. We will:
• treat you with courtesy, dignity and respect
• communicate openly and honestly
• listen to your feedback and try to resolve problems quickly
• protect your privacy and confidential information
• conduct ourselves in a professional manner
• ensure that we have appropriately vetted our companion before we start providing Services to you
• keep accurate records, and issue regular invoices
• endeavour to send the same companion for each visit with you, recognising that this may not always be possible
• give you a minimum of 24 hours’ notice, where possible, if we need to cancel, or change, your scheduled Services due to exceptional circumstances for example, due to illness, family circumstances, accidents or bereavement
Regrettably, we do not carry out the following tasks:
heavy lifting of any kind, including lifting or moving you (in/out of a wheelchair) for example.
household (DIY tasks)
services of any kind that fall within regulated services, such as personal or nursing care.
We do not accept any gifts or tips of a value greater than GBP5.00.
7.1 We will not use your car unless we and you have agreed in advance and appropriate insurance is in place. If we do, you agree to ensure that your car is roadworthy and be able to provide documentation to show its taxed, MOT and valid insurance to be on the road prior to any journey. If the event of an accident, the cost of any claim will for you and your insurer to settle.
7.2 We will not use your telephone except on your behalf with your consent. We do not accept responsibility for your telephone bills.
8. Your obligations
8.1 You agree that you will:
• work with us to ensure that the Services set out in your Companionship assessment meet (and continues to meet) your needs
• treat us with courtesy and respect
• ensure that your Home is safe
• communicate openly and honestly with us, and discuss any concerns about the Services being provided
• permit us to follow our log in procedures at the start of every visit
• provide us with any plans and/or assessments relevant or necessary to deliver our Services to you safely
• pay all invoices for the Services, transport, and/or other expenses within 7 Calendar Days from the date of the invoice
• provide us with a minimum of 48 hours’ advance notice to rearrange the scheduled Services, and if you do not give us notice, our cancellation fees will apply.
9. Fees, deposits, expenses & general
Fees
9.1 Our Fees for the Services set out in your Companionship agreement will be as shown in a hourly rate invoice
9.2 We review our Fees List at least once a year.
9.3 We also reserve the right to review our Fees in response to any unexpected changes, for example, a change in law or a change in your circumstances, that were not anticipated at the time of our annual review.
9.4 If we change our Fees, we will give you at least 30 Calendar Days’ written notice of any increase to your Fees before the proposed change takes effect. If you do not agree to the increase, you may cancel your Services by giving us 14 days’ notice.
Expenses
9.5 You are responsible for paying:
• our expenses for accompanying you on any excursions (such as public transport, taxis, cinema, theatre, meals out etc.)
• any third-party expenses directly related to delivering your Services (such as having to pay for car parking because you do not have free off-road parking)
9.6 Unless otherwise expressly agreed in our Companionship agreement, these expenses are not included in your Fees and where possible, will be included in your invoice.
10. General
10.1 We do not usually provide companionship in the Evenings, Weekends, Bank holidays, Christmas Day, Boxing Day and New Years’ Day. If by mutual agreement we do work on such days, we charge 1.25 times the rate of our usual Fees in the evenings, 1.5 times the rate of our usual Fees at weekends and double the rate of our usual Fees at any other time.
10.2 If we deliver our Services for longer than originally agreed, for example at your request or in the event of an emergency, we will charge for our additional time at our standard hourly rate calculated in accordance with our hourly fee.
10.3 Where you are not the Client, it is important to understand that, in consideration for us providing the Services to the Client, you acknowledge and agree to pay our Fees in accordance with these terms and conditions.
10.4 You agree that the obligation to pay our Fees is a primary obligation (not a guarantee if the Client does not agree to pay our Fees) and therefore you will be obliged to pay our Fees without us first having to recover the fees from the Client. We are not entitled to recover the same Fees twice and therefore we shall not recover any Fees:
• from you under this agreement which have already been paid by the Client or
• from the Client which have already been paid by you.
11. Payment
11.1 We accept the following methods of payment:
bank transfer to our nominated account details are within your companionship invoice
11.2 We require payment within 7 Calendar Days of the date shown in your invoice. If you do not make payment to us by the due date, we may charge you interest on the overdue sum at a charge of £20.00 per invoice
11.3 If you wish to dispute an invoice in good faith, please contact us promptly. No interest will accrue while such a dispute is ongoing.
11.4 If you do not pay our Fees, we reserve the right to:
suspend the Services until you pay any outstanding Fees
engage a debt collector to collect the Fees on our behalf and advised that debt collectors' fees be applicate to yourself
take legal action to recover the Fees.
12. Cancellation policy, holidays and hospital admissions
12.1 If you wish to pause the Services temporarily, for example, because of illness, a planned holiday, respite, planned hospital admission or other absence, you must give us at least 48 hours’ notice to cancel / re-arrange.
12.2 We do understand that it is not always possible to give at least 48 hours’ advance notice to cancel or rearrange your Services. However, if you cancel your Services with less than 48 hours' notice, we will still charge our full hourly fees for the planned hours.
12.3 If you require unplanned emergency hospitalisation, then we can pause your Services for up to 14 Calendar Days (or longer, if we both agree). To ensure that we can re-start your Services following your discharge from hospital, we require you to pay a retainer, being 50% of the Fees; payable immediately prior to your hospitalisation.
12.4 If you do not wish to re-start the Services, please refer to paragraph 15 below.
13. Problems with the Services and your legal rights
13.1 We always use reasonable efforts to ensure that our provision of the Services is trouble-free. If, however, there is a problem with the Services, please tell us as soon as is reasonably possible.
13.2 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.
13.3 As a consumer, you have certain legal rights with respect to the Services. If we cannot advise you, we recommend that you contact your local Citizens Advice Bureau or Trading Standards Office.
13.4 If we do not perform the Services with reasonable skill and care or in line with the information that we have given to you, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.
13.5 If we are required to repeat the Services in accordance with your legal rights, we will not charge you.
13.6 If a price reduction applies, this may be any sum up to the full Fees and, where you have already made payment(s) to us, may result in a full or partial refund. We will reimburse you without undue delay (and in any event within 14 calendar days starting on the date on which we agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method.
14. Our liability
14.1 We will be responsible for any foreseeable loss or damage that you may suffer:
• if we breach these terms and conditions, or
• as a result of our negligence (including that of our agents or sub-contractors, if applicable).
Loss or damage is “foreseeable” if it is an obvious consequence of the breach or negligence. We will not be responsible for any loss or damage that is not foreseeable.
14.2 Our Services are for your domestic and private purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
14.3 We do not accept liability for any breakages, damage or any other losses however it is caused by us in your home. It is your responsibility to ensure that your insurance adequately covers having us in your Home. We are not responsible for any pre-existing faults or damage in or to your property that we may discover while providing the Services.
14.4 Nothing in these terms and conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our agents or sub-contractors) or for fraud or fraudulent misrepresentation.
14.5 Nothing in these terms and conditions seeks to exclude or limit our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by us about the Services.
14.6 Nothing in these terms and conditions seeks to exclude or limit your legal rights as a consumer: please refer to Your local Citizens Advice Bureau or Trading Standards Office.
15. Events outside of our control
15.1 We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control.
Examples include: power failure, transport problems, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, epidemic or other natural disaster etc.
15.2 If an event occurs that is likely to adversely affect our performance of any of our obligations under these terms and conditions:
• we will tell you as soon as is reasonably possible
• our obligations under these terms and conditions will be suspended
• we will re-start the Services as soon as reasonably possible after the event outside of our control is over. We will discuss and agree with you details of any new dates, times or availability of Services as necessary.
15.3 If an event outside of our control occurs you may cancel this agreement under paragraph 15. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and not later than 14 Calendar Days of our acceptance of your cancellation notice.
15.4 If an event outside of our control continues for more than 4 weeks, we may cancel this agreement. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and not later than 14 Calendar Days of our acceptance of your cancellation notice.
16. Changing your mind / your right to cancel this agreement
16.1 You may cancel this agreement before we begin providing our Services to you.
16.2 Once we have begun providing our Services, you are free to cancel the Services at any time by giving us 7 Calendar Days’ notice. If you have made any payment to us for any Services we have not yet provided, we will refund these to you as soon as is reasonably possible, and in any event within 14 Calendar Days of our acceptance of your cancellation.
16.3 If we have provided Services that you have not yet paid for, we will deduct the sums due from any refund due to you or, if no refund is due, we will invoice you for those sums and you will be required to make payment.
16.4 You may cancel this agreement with immediate effect by giving us notice if:
we breach this agreement in any material way and we do not correct or fix the situation within 30 Calendar Days of you asking us to do so in writing. “Material” means not trivial
we are unable to provide the Services due to an event outside of our control
we change these terms and conditions to your material disadvantage.
We may suspend the Services if you fail to pay our invoice in full on time.
We may cancel this agreement at any time by giving you 14 days’ notice in writing.
If:
you have made any payment to us for any Services we have not yet provided; we will refund these sums to you as soon as is reasonably possible, and in any event within 14 Calendar Days of our cancellation notice
we have provided Services that you have not yet paid for, we will deduct the sums due from any refund due to you or, if no refund is due, we will invoice you for those sums and .5 We may cancel this agreement without any notice to you if:
you fail to make a payment on time
you breach this agreement in any material way and if the breach can be fixed or corrected, you do not correct or fix it within 14 Calendar Days of us asking you to do so in writing. “Material” means not trivial you will be required to make payment.
Examples include:
- refusing us access to your property
- your failure to provide us with accurate information about your needs, requirements or health
- physical or verbal abuse
- harassment or discrimination of any kind or behaviour that in our sole opinion, acting reasonably, is unreasonable behaviour
- We reasonably perceive a significant risk of harm to our companion or that their health and safety is endangered.
- We may cancel this agreement at any time before we begin providing the Services due to the unavailability of required staff or materials, or due to the occurrence of an event outside of our reasonable control, If such cancellation is necessary, we will inform you as soon as is reasonably possible.
16.5 We will confirm any cancellations in writing.
17. Communication
17.1 If you wish to contact us, please do so by telephone, our contact details are provided on our companionship agreement.
17.2 In certain circumstances you must contact us in writing (when cancelling the Services).
18. Complaints and feedback
18.1 We always welcome feedback and, whilst we always use all reasonable endeavours to ensure that your experience is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
18.2 If you wish to complain about any aspect of your dealings with us, including, but not limited to, these terms and conditions, this agreement, or the Services, please contact us in one of the following ways: Telephone, WhatsApp, text message all provided to you in your agreement.
19. How we use your personal information (Data Protection)
19.1 We will need certain information from you to provide the Services. If you do not give us, we may not be able to provide the Services to you and in such circumstances, we may suspend or terminate these arrangements.
19.2 We will hold information about you, for example, your contact details, health and physical or mental well-being in accordance with the Data Protection Act 2018 and UK GDPR.
19.3 We will never sell your personal data.
19.4 We respect your privacy and confidentiality and will only use your personal information for any medical emergency treatment as letting you know whether we will need to share your data with other parties, for example, Ambulance Staff, doctors or social workers etc.
20. Other important terms
20.1 We may transfer our obligations and rights under these terms and conditions to a third party (this may happen, for example, if we sell our business). If this occurs, we will tell you in writing. Your rights under these terms and conditions will not be affected and Our obligations under these terms and conditions will be transferred to the third party who will remain bound by them.
20.2 You may not transfer (assign) your obligations and rights under these terms and conditions without our express written permission.
20.3 These terms and conditions and our relationship is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these terms and conditions.
20.4 If any of the provisions of these terms and conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these terms and conditions. The remainder of these terms and conditions shall be valid and enforceable.
20.5 No failure or delay by us in exercising any of our rights under these terms and conditions means that we have waived, or will waive, that right.
21. Non-solicitation
21.1 You agree that you will not at any time during, and for a period of 12 months after the end of this agreement, solicit or entice away from us any person who is, or has been, engaged in the provision of the Services to you.
21.2 If you breach this undertaking, you agree to pay us £500, which represents our genuine and reasonable costs of losing a valued employee, as well as the costs incurred by us to recruit and train a replacement companion.
22. Governing law and jurisdiction
22.1 These terms and conditions and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England &
22.2 Any dispute, controversy, proceedings or claim between you and us relating to these terms and conditions or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England & Wales.
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