Terms of Service
GENERAL
1.1 In these Terms of Service:
(a) “Agreement” means any proposal or booking relating to the Services, and these Terms of Service.
(b) “We” or “Us” means Cheryl Barnes trading as Olive Organising and her successors and assigns.
(c) “You” means the person, firm, company or entity buying Services from us.
(d) “Price” means the price payable for the Services as set out in our proposal or booking form, which may include travel and rubbish disposal costs as set out in our proposal.
(e) “Services” means all Services we will supply to you under a proposal, booking or invoice relating to professional organising and decluttering.
2. PRICE
2.1 Price plus tax: You will pay the Price indicated on the invoice, quotation, booking form or other similar document issued by us, together with the amount of any Goods and Services Tax or any other tax which may be payable in respect of the supply of Services or otherwise under these Terms of Service.
2.2 Quotation: Any quotation we have made for the supply of Services constitutes an invitation to treat and not a binding offer. All quotations lapse after 30 days but we reserve the right to change or withdraw any quotation without notice at any time.
2.3 Change to Price: During the provision of the Services it may become apparent that more work will be required than we anticipated at the time we set the Price. Before we do the additional work, we will discuss it with you and seek your agreement to any Price increase. If you do not agree we will not do the additional work.
2.4 No deductions: All payments by you will be full, free and clear of any deduction, withholding, set-off, counterclaim or other claim.
3. PAYMENT
3.1 Deposit: In order to confirm a booking for Services we may require you to pay a deposit of 50% of the Price.
3.2 Payment of balance: You will pay the balance of your account on completion of the Services.
4. PENALTY FOR LATE PAYMENT
4.1 Default interest: Failure by you to make payment in full of any amount payable pursuant to this Agreement on the due date constitutes a default and, without prejudice to any other rights or remedies available to us, simple interest at our bank’s current overdraft rate will be payable upon demand and from the due date until payment.
4.2 Legal costs: You will indemnify us against all loss, costs and expenses, including legal costs on a solicitor/client basis, which we may suffer or incur as a result of any failure by you to make due and punctual payment.
5. VOUCHERS
5.1 Vouchers are valid for 12 months from the date of purchase.
6. YOUR OBLIGATIONS
6.1 Information: you will provide us with any relevant information required to enable us to perform the Services. Where information provided by you is incorrect and we are required to undertake additional work we reserve the right to charge for such additional work.
6.2 Health and Safety: It is your responsibility to ensure that all safety measures have been taken at the site where the Services are to be performed so as to comply with all applicable health and safety laws. Prior to us attending the relevant site to perform the Services you will:
Inform us of all applicable health and safety rules and regulations that may apply at the site;
Notify us promptly of any risk, safety issues or incidents that may arise or may have arisen at the site that are relevant to our provision of the Services.
6.3 Right to delay or cancel: If we are concerned about the presence of any hazards or risks at the site we may, in our absolute discretion, delay the performance of some or all of the Services or cancel your booking order by notice in writing to you.
7. OUR OBLIGATIONS AND WARRANTIES
7.1 We warrant that:
We have the right to enter into this Agreement;
We will perform the Services to a reasonable standard of care and skill;
We will perform the Services in accordance with relevant laws.
8. CANCELLATIONS AND RESCHEDULING
8.1 Cancellation: Where you wish to cancel a one-off booking, any deposit paid may be refunded at our sole discretion. No refund will be made where cancellation occurs within 24 hours of the time of your booking. If you are ill or isolating due to infectious disease, you must notify us as soon as possible so that we can reschedule your appointment.
8.2 Rescheduling by you: If you need to reschedule a booking you must let us know at least 24 hours before the time of your booking.
8.3 Rescheduling by us: We will do our best to perform the Services at the agreed booking time. However, in some cases we may need to reschedule. If we need to reschedule, we will give you as much notice as possible and work with you to book a new time and date.
9. LIABILITY
9.1 Consumer Guarantees Act: As a consumer, you have certain rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Those rights apply alongside these Terms of Service and are not affected by anything in this clause.
9.2 Limitation of liability:
Claims: We will have no liability for unsatisfactory Services unless you notify us in writing of your claim within 3 days after performance of the Services;
We will have the option, exercisable at our discretion, to replace or give credit for any services in respect of which any claim is made or proven or to refund a portion of the price paid for the Services, thereby fully discharging all our legal liability;
We are not liable for any loss caused by you, or any loss that results from your failure to take reasonable steps to avoid or minimise your loss;
Notwithstanding any other provision of this agreement, neither party will be liable for indirect, special, consequential or similar damages or losses, including but not limited to loss of profit or revenues or other financial or economic losses of any kind and whether or not the other party has been advised of the potential for such damages.
9.3 Valuable items: The Services do not include handling valuable items, and we do not take responsibility for any loss or damage to these.
9.4 Disposal: You waive your rights in relation to items that you ask us to remove and dispose of. We do not accept responsibility if you change your mind about items that have been removed during performance of the Services.
9.5 Business purposes: If you hold yourself out as acquiring the Services for business purposes, you acknowledge that the provisions of the Consumer Guarantees Act 1993 will not apply and are expressly excluded.
10. GENERAL
10.1 Release of images: You agree that we may use images taken of examples of our Services (provided that the images do not include people) for the purposes of marketing our services and our business.
10.2 Events outside our control: If any cause beyond our reasonable control including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or equipment, embargo, accident, emergency, act of God interfere with our performance of any of our obligations under these Terms of Service then we may at our sole discretion suspend our performance of any such obligation or cancel any contract for the purchase of Services and we will not be liable to you in any respect.
10.3 Waiver: These Terms of Service remain in force notwithstanding any neglect, forbearance or delay in enforcement. We will not be deemed to have waived any condition unless such waiver will be in writing and such waiver will only apply to the particular transaction to which it refers.
10.4 Severability: If any clause or provision of these Terms of Service will be held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such clause will not apply to this Agreement. The remaining provisions of this Agreement will remain in full force and effect as if the clause or provision held to be illegal or unenforceable had not been included.
10.5 Privacy Policy: Any personal information collected by us in connection with this Agreement will only be used or disclosed for the purposes of ensuring performance of this Agreement and any future like arrangement or arrangements. This may include disclosure within our organisation and to other parties involved in performing the Services. We agree to comply with relevant privacy laws in respect of any personal information collected in connection with the provision of the Services and any future like arrangement or arrangements.
10.6 Electronic Communications: You consent to receive commercial electronic messages from us. If you wish to opt out of receiving these messages please use the unsubscribe function.
10.7 Confidentiality: Each party must keep confidential during the term and after termination of this Agreement the existence and terms of this Agreement and all information of a confidential or sensitive nature supplied by the other party to this Agreement except to the extent that disclosure is required by law or where such information is or becomes available in the public domain without breach by a party of its confidentiality obligations under this Agreement. A party may disclose such information to its legal and other advisers, bankers and other persons who are subject to an obligation of confidentiality.