OUR SERVICE TERMS
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Concierge Service: the provision of concierge services to you and any other additional or ancillary services that We agree to provide to you from time to time in accordance with your Service Subscription and any agreed Service Request.
(b) Event Outside Our Control: is defined in clause 13.2.
(c) Requested Service: An individual task or service that We provide to you following your Service Request, or as set out in your Service Subscription, and being part of the Concierge Service.
(d) Service Credits: the payment method for any Service Request you make.
(e) Service Providers: the individuals or organisations engaged to provide services to you from time to time being either Our employees, workers, subcontractors or third parties engaged on your behalf.
(f) Service Subscription: your subscription with us to provide the Concierge Service.
(g) Service Request: your order with Us to provide or procure a specific service to you.
(h) Subscription Fee: the monthly fee you pay for subscription to the Concierge Service.
(i) Terms: the terms and conditions set out in this document.
(j) We/Our/Us: Chalcot House Services Limited (Company registration number 02363581) with registered office 47 Belsize Park Gardens, London, NW3 4JL.
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply the Concierge Service and all Requested Services to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Service Subscription application and any Service Request you make are complete and accurate, before you sign and submit your application for Service Subscription and any Service Request. If you think that there is a mistake or require any changes, please contact Us to discuss, and please make sure that you ask Us to confirm any changes in writing to avoid any confusion between you and Us.
2.3 We consider that these Terms together with your Service Subscription confirmation and any Service Request constitute the whole agreement between you and Us.
2.4 When you register and subscribe for the Concierge Service, this does not mean We have accepted your Service Subscription. Our acceptance of your Service Subscription shall be confirmed by us in writing.
2.5 When you sign and submit any Service Request, this does not mean We have accepted your order for the Requested Service. Our acceptance of your Service Request will take place as described in clause 2.7.
2.6 If We are unable to accept your Service Subscription or fulfil your Service Request, We will inform you of this in writing and We will not process your Service Subscription or the Service Request (as the case may be) you have made.
2.7 These Terms will become binding on you and Us when We issue you with a written acceptance of your Service Subscription at which point a contract will come into existence between you and Us concerning those Concierge Services, and shall apply to each accepted Service Request.
2.8 If any of these Terms conflict with any agreed term of your Service Subscription, the terms contained in the confirmation of your Service Subscription will take priority.
3. CHANGES TO ORDER OR TERMS
3.1 We may revise these Terms from time to time and reserve the right to do so.:
3.2 If We have to revise these Terms under clause 3.1, We will give you at least one month's written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 14.
4. CHANGING YOUR SERVICE SUBSCRIPTION
4.1 You may make a change to your Service Subscription at any time. Any such change may be subject to an administration charge by Us for this change in accordance with clause 9.1. Where this means a change in the total price of the Services, We will notify you of the amended price in writing. You can choose to cancel your Service Subscription in accordance with clause 14 in these circumstances.
5. CHANGING YOUR SERVICE REQUEST
5.1 You may make a change to your Service Request at any time before the start date for the Requested Services by contacting Us.
5.2 Should you make any changes to a Service Request once the Requested Services have started, we reserve the right to make an administration charge in accordance with clause 9.1 and you will be responsible for any costs incurred in providing or procuring those requested services up to the date of change.
5.3 If you wish to cancel a Service Request before it has been fulfilled, please see your right to do so in clause 14.
6. PROVIDING THE CONCIERGE SERVICE
6.1 We will make every effort to fulfil each Service Request in accordance with the agreed times as specified in the Service Request, or as otherwise agreed by us in writing. However, there may be delays due to an Event Outside Our Control. See clause 13 for Our responsibilities when an Event Outside Our Control happens.
6.2 We will need certain information from you that is necessary for Us to provide or procure the Concierge Services, for example,
(a) security processes, alarm codes,
(b) details for a person to contact in case of emergency.
We will contact you in writing about the information that we need from you. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required. Where missing information means we do not feel we can properly accept your Service Subscription and/or fulfil your Service Request, We may suspend the Service Subscription and/or suspend Service Requests by giving
you written notice. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked. If we suspend your Service Subscription under this clause 6.2, you do not have to pay the Subscription Fee whilst suspended, but this does not affect your obligation to pay for any invoices We have already sent you. If we suspend the provision of service under this clause 6.2, you do not have to pay for the Requested Service whilst suspended, but this does not affect your obligation to pay for any costs that may have been incurred previously.
6.3 We may have to suspend your Service Subscription or provision of the Requested Services if We have to deal with problems, or to make improvements agreed between you and Us in writing to the Concierge Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for your Service Subscription while it is suspended under this clause 6.3 but this does not affect your obligation to pay for any invoices We have already sent you. You do not have to pay for any Requested Services whilst they are suspended under this clause 6.3 but this does not affect your obligation to pay for any costs that may have been incurred previously.
6.4 If you do not pay Us your Subscription Fee when you are supposed to as set out in clause 8.1, We may suspend your Service Subscription with immediate effect until you have paid Us the outstanding amounts (except where you dispute an invoice under clause 8.5).We will contact you to tell you this. This does not affect Our right to charge you interest under clause 8.4.
7. IF THERE IS A PROBLEM
7.1 Whilst we will try our best to ensure that no problems will arise, in the unlikely event that there is any problem or defect with the Concierge Service:
(a) please contact Us and tell Us as soon as reasonably possible; we are happy for you to telephone Us if there is a problem;
(b) please give Us a reasonable opportunity to repair or fix any defect; and
We will use every effort to resolve the problem with the Concierge Service as soon as reasonably practicable.
7.2 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
8. PRICE AND PAYMENT
Your Service Subscription
8.1 Unless otherwise agreed:
(a) On providing written confirmation of your Service Subscription, We will ask you to make an initial payment. The level of the initial payment will be as set out in our price list from time to time and will entitle you to  Service Credits. Your rights to a refund on cancellation are set out in clause 14.
(b) We will invoice you on a monthly basis in advance for continuing your Service Subscription.
(c) The payment of your Subscription Fee will entitle you to a further number of Service Credits as specified in your Service Subscription confirmation.
8.2 The price of the Requested Services will be set out in Our price list in force at the time or as otherwise quoted by us and agreed by you from time to time and shall be quoted by reference to cost in Service Credits. We do reserve the right to increase our prices from time to time, but We will notify you at least one month in advance of any such price increase. Where there is a specified number of Service Credits for a period of time, We shall provide you with a record of time spent. The time spent for the performance of the Requested Services shall be recorded in 15 minute intervals. For any part of a 15 minute unit of time incurred, your account shall be debited for one 15 minute unit.
8.3 Where we engage outside contractors or purchase goods on your behalf We shall, in normal circumstances, require you to pay the cost of such in advance, but to the extent that We incur costs on your behalf you will repay such costs incurred to us within 7 days. We will agree such costs with you before incurring them.
8.4 Unless otherwise specified, you must pay all invoices in full without deduction. Payment must be made by direct debit and you agree that on submitting your Service Subscription to us you will provide a signed and completed Direct Debit Mandate authorising payment of variable sums. The sums due under each invoice will be debited from your account ten days after the issue of the
invoice. If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
8.5 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 8.4 will not apply for the period of the dispute.
8.6 Our prices are exclusive of VAT which shall be payable by you in addition to the price quoted.
9. ADMINISTRATIVE CHARGES
9.1 We reserve the right to charge you an administrative fee in the following circumstances:
(a) if you change your Service Subscription at any time;
(b) if you change a Service Request once the Requested Services have started;
(c) if you cancel your Service Subscription except where the cancellation is a result of Our breach;
(d) if you cancel a Service Request once the Requested Service has started;
(e) if you request a refund of Service Credits.
9.2 In addition to the above you shall be responsible for all costs that We incur in connection with any payments from you, such as PayPal, debit or credit card charges or fees.
9.3 Details of our administrative charges shall be published on our website from time to time.
10. OUR SERVICE PROVIDERS
10.1 We will:
(a) At all times use reasonable endeavours to ensure that Service Providers are suitably trained and qualified.
(b) Ensure that references are taken up and reasonable identity checks are undertaken on all Service Providers in accordance with the relevant local and national regulations to which We are subject.
10.2 Whilst we will use all reasonable endeavours to ensure that Services are provided to you by the same Service Providers at all times, We are unfortunately unable to guarantee this, and We reserve the right to assign different Service Providers from time to time.
10.3 It will be your responsibility to give proper and adequate instructions as to the use of items of electrical equipment in your home and We will not be able to accept any liability for any damage done by Service Providers to any goods or equipment in your home arising from incorrect or inadequate instructions.
10.4 It is your responsibility to ensure that you provide a safe environment for Service Providers whilst they are providing Services in your home and in particular that you shall ensure that all electrical equipment is safe and adequately maintained.
11.1 Where appropriate We may ask you to provide us with a password for identity verification of Service Providers. We agree that we will use our best endeavours to ensure that any such password is kept confidential and will not be disclosed to any such persons outside of our organisation, save for those providing part of the Concierge Service on a sub-contracted basis. In turn you agree to keep any such passwords confidential.
11.2 Where We or the Service Providers are requested to hold keys or security information for You, We shall use all reasonable endeavours to preserve the security of such keys or security information. We shall not be liable for any losses arising other than as a result of Our negligence.
12. OUR LIABILITY TO YOU
12.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract. Except in unusual or exceptional circumstances, we would expect these losses to be limited to the charges for the Concierge Service per incident or series of related incidents caused by the performance of the Concierge Service in breach of this Contract.
12.2 For the avoidance of doubt, whilst we shall use all reasonable endeavours to properly assess and monitor Service Providers, they are not our employees and we shall not be responsible for the failings and defaults of any Service Provider where We have used reasonable skill and care in discharging our obligations under this Contract.
12.3 Where We engage third parties to provide services to you, we may do so as your agent and any contract for provision of such service is between you and the third party.
12.4 We will use our reasonable endeavours to select competent and professional third parties to provide any of the Requested Services. We will use reasonable endeavours to carry out appropriate reference checks on such third parties however We are not otherwise responsible for the provision or standard of such third party work or any defects in the workmanship or materials. To the extent that any problems arise, We will assist you with resolving such complaints or disputes but your remedy or claim shall be against the third party engaged on your behalf.
12.5 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
13.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation; strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence,
epidemic or other natural disaster, or failure of public or private telecommunications networks.
13.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
13.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see your cancellation rights under clause 14. We will only cancel the contract if the Event Outside Our Control continues for longer than 6 weeks in accordance with Our cancellation rights in clause 14.
14. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
Cancellation of Service Subscription
14.1 Before We begin to provide the Concierge Service you have the following rights to cancel your Service Subscription, including where you choose to cancel because We are affected by an Event Outside Our Control or if We change these Terms under clause 3.1 to your material disadvantage:
(a) You may cancel your Service Subscription within 14 calendar days of confirmation of your Service Subscription by contacting us. We will confirm your cancellation in writing to you.
(b) If you cancel your Service Subscription under clause 14 and you have made any payment in advance We will refund these amounts to you.
However, if you cancel your Service Subscription under clause 14.1(a) and We have already started providing specific services to you by that time, you will pay Us any costs We have reasonably incurred in starting to fulfil the Service Request, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us.
14.2 Where you have cancelled your Service Subscription because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.
14.3 You may cancel your Service Subscription on 30 day’s written notice to Us.
14.4 Any advance payment you have made for Concierge Services that have not been provided will be refunded to you.
14.5 You may cancel your Service Subscription with immediate effect by giving Us written notice if:
(a) We break this contract in any material way and We do not correct or fix the situation within 14 days of you asking Us to in writing;
(b) We go into liquidation or a receiver or an administrator is appointed over Our assets;
(c) We change these Terms under clause 3.1 to your material disadvantage;
(d) We are affected by an Event Outside Our Control.
14.6 Following any cancellation We will refund to you unspent Service Credits but reserve the right to charge an “administration charge” in accordance with clause 9.1 except where the cancellation is a result of our breach.
Cancellation of Service Requests
14.7 You may cancel any Service Request before the Service Request has been confirmed by Us.
14.8 In the event that you wish to cancel a Service Request and the Requested Services have started, We will reserve the right to charge an administration charge in accordance with clause 9.1 to the extent We allow cancellation in addition to any costs we have incurred.
15. OUR CANCELLATION RIGHTS
15.1 We reserve the right to terminate your Service Subscription;
(a) On 30 day’s prior written notice to you; or
(b) Immediately in the event of Force Majeure.
15.2 We may cancel your Service Subscription at any time with immediate effect by giving you written notice if:
(a) you do not pay Us when you are supposed to as set out in clause 8.1. This does not affect Our right to charge you interest under clause 8.4; or
(b) you break the contract in any other material way and you do not correct or fix the situation within 14 days of Us asking you to in writing.
15.3 We may have to cancel a Service Request before the start date for the provision of the Requested Service, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Requested Services. We will promptly contact you if this happens. If we have to cancel your Service Subscription or Service Request under this clause 15.3 We will refund to you any Service Credits or other sums paid to us.
15.4 We may cancel provision of a Requested Service at any time with immediate effect by giving you written notice if:
(a) you do not pay Us when you are supposed to as set out in clause 8.2. This does not affect Our right to charge you interest under clause 8.4; or
(b) you break the contract in any other material way and you do not correct or fix the situation within 14 days of Us asking you to in writing.
16. INFORMATION ABOUT US AND HOW TO CONTACT US
16.1 We are a company registered in England and Wales. Our company registration number is 02363581 and Our registered office is at 47 Belsize Park Gardens, London, NW3 4JL Our registered VAT number is 523251089.
16.2 If you have any questions or if you have any complaints, please contact Us.
16.3 If you wish to contact Us in writing, or if there is any clause in these Terms requiring you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to 47 Belsize Park Gardens, London, NW3 4JL, by e-mail to firstname.lastname@example.org or by telephone by calling 020 7722 2560.
17. HOW WE MAY USE YOUR PERSONAL INFORMATION
17.1 So that We are able to provide the Concierge Service to you, we do need to take a certain amount of personal data from you and some of this data will be “sensitive personal data”. By signing an order for Service Subscription you consent to Us processing personal data about you which shall include types of sensitive personal data for the purposes of providing the Concierge Service under this agreement.
17.2 We will use the personal information you provide to Us to:
(a) provide the Concierge Service;
(b) process your payment for such Concierge Service; and
(c) inform you about similar products or services that We provide, but you may stop receiving this information at any time by contacting Us.
17.3 We will ensure that only those employees within our organisation have access to your personal data but you agree that we may in addition disclose your personal data:
(a) to our Service Providers, sub-contractors and agents in connection with the provision of the Concierge Service; and
(b) to any member of our group, which means our subsidiaries, our ultimate holding company and any sister companies.
17.4 Other than as specified in these Terms we will not give your personal data to any other third party without your consent.
17.5 You have a right to request a copy of the personal data we hold about you for which we may charge a small fee and to correct any inaccuracies in your information.
17.6 Telephone calls between you and Us may be recorded and monitored from time to time for training purposes and by signing the Service Subscription you agree to such recording.
18. OTHER IMPORTANT TERMS
18.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
18.2 We may from time to time sub-contract some parts of the Services that we are providing to independent contractors.
18.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
18.6 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.