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Terms and Conditions
THIS IS AN IMPORTANT DOCUMENT. IT IS A LEGAL CONTRACT BETWEEN YOU AND TIDYCHOICE. PLEASE DO NOT AGREE TO IT UNLESS YOU HAVE READ AND UNDERSTOOD IT AND ANY DOCUMENT MENTIONED IN IT. WE RECOMMEND THAT YOU CONSULT A LAWYER. YOU SHOULD ALSO HAVE THE DOCUMENT TRANSLATED INTO YOUR OWN LANGUAGE IF NECESSARY. IF YOU NEED ANY CLARIFICATION, PLEASE ASK US AND WE WILL ENDEAVOUR TO HELP BUT WE CANNOT GIVE YOU LEGAL ADVICE.
- This is an agreement between Target100m Limited trading as TidyChoice with its registered office at 18 Burnthwaite Road, London SW6 5BE, England, company number 9084801 and the person wishing to utilise TidyChoice’s booking agency services (“the Service Provider”).
- Definitions and interpretation
- The following terms shall have the following meanings in this agreement:
||persons to whom TidyChoice requests the Service Provider to supply Services
|Customer Terms and Conditions
||the Customer terms and conditions on the Website as may be changed from time to time
||the Service Provider’s profile on the Website
||home care services to be supplied by the Service Provider to Customers
|Home Care Services
||cleaning, housekeeping, childcare and elderly care services.
||booking agent services and any other services supplied by TidyChoice in connection with the supply by the Service Provider of Services to Customers
||TidyChoice’s website at www.TidyChoice.com
||all forms of visible reproduction in permanent form (including email)
- The word “including”, unless the context otherwise requires, shall mean “including without limitation”. The headings in this agreement are for convenience only and shall not affect its interpretation. References to a “person” shall include any individual, firm, unincorporated association or body corporate.
- Application by Service Provider
- The Service Provider acknowledges that in determining whether to include the Service Provider on its Website as a potential supplier of Services, TidyChoice relies on the accuracy and completeness of the information supplied by the Service Provider. The Service Provider warrants that all such information is accurate and not misleading.
- The Service Provider warrants that he/she possesses the necessary immigration status to enable the Service Provider to supply Services.
- The Service Provider undertakes that he/she will promptly disclose to TidyChoice all matters which are material to the Service Provider’s ability and suitability to perform the Services as well as any material changes thereto.
- Relationship between parties
- If TidyChoice decides in its absolute discretion to accept the Service Provider’s application, TidyChoice shall include the Service Provider on the Website as a potential supplier of Services subject to the terms of this agreement. In such case, the Service Provider authorises TidyChoice to act as booking agent for the Service Provider whereby TidyChoice processes bookings, takes payment and contractually commits the Service Provider to supply Services to Customers on the basis of this agreement and the Customer Terms and Conditions.
- The Service Provider acts as an independent contractor and shall not be an employee of TidyChoice. The Service Provider shall be fully responsible for any tax and national insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with this agreement or the Services. The Service Provider shall indemnify TidyChoice against all reasonable costs and expenses and any tax, penalty, fine or interest incurred or payable by TidyChoice in connection with or in consequence of any such liability, deduction, contribution, assessment or claim, other than where such liability, deduction, contribution, assessment or claim arises out of the negligence or wilful default of TidyChoice. TidyChoice may at its option satisfy such indemnity (whether in whole or in part) by way of deduction from the payments due to be paid to it under this agreement.
- If a Service Provider accepts a contract with a particular Customer whether once-off or otherwise, the Service Provider agrees to supply Services to that Customer in accordance with the terms of this agreement. The Service Provider acknowledges that, notwithstanding any obligations of the Service Provider to TidyChoice herein regarding the standard of such Services, the Service Provider contracts direct with each Customer for the supply of Services and that, in the event of a dispute with the Customer, the Service Provider’s recourse is against the Customer and not TidyChoice.
- The Service Provider warrants that it has the necessary skills to supply the Services.
- The Service Provider shall supply the Services in accordance with a high degree of professionalism and the highest industry standards.
- The Service Provider shall comply with applicable laws and regulations in the supply of the Services and otherwise in connection with this agreement.
- The Service Provider shall take reasonable steps to arrive at the Services location on time and to comply with reasonable requests by Customers in connection with the Services.
- The Service Provider acknowledges that TidyChoice will notify the Service Provider of any Customer cancellation by email and it is the Service Provider’s responsibility to frequently monitor for such emails.
- The Service Provider shall promptly notify TidyChoice:
- if for any reason it cannot attend any scheduled visit (in which case it must promptly notify the Customer also) or otherwise becomes unable or unavailable to supply the Services as contracted;
- if it receives any complaints from Customers; and
- of any grievance that the Service Provider may have in relation to Customers.
- The Service Provider authorises to TidyChoice to deal on his/her behalf with, and attempt to resolve, any complaint by a Customer in accordance with TidyChoice’s complaint procedure. The Service Provider shall not communicate with any Customer regarding a Customer complaint without TidyChoice’s prior approval in Writing.
The Service Provider authorises TidyChoice to provide the Customer with the full contact details of the Service Provider, including full name and address, if requested by the Customer.
- The Service Provider shall:
- comply with any guidelines or policies (including relating to Customer complaints) that TidyChoice may issue from time to time in connection with the Services;
- provide reasonable co-operation to TidyChoice in connection with this agreement and comply with TidyChoice’s reasonable requirements including prompt provision of such information and documents as TidyChoice may reasonably request in connection with this agreement.
- The Service Provider shall only use Customer contact information insofar as necessary to supply the Services. The Service Provider shall keep such information confidential and shall delete it on request by TidyChoice.
- The Service Provider shall keep their on-line calendar up to date in a timely manner.
- TidyChoice does not guarantee that that the Service Provider will receive any, or any particular level of, contracts or revenues from this agreement.
- TidyChoice does not vet Customers and cannot provide any guarantees as to the conduct of Customers or the suitability or safety of their premises. Service Providers attend visits at their own risk. Service Providers must leave immediately if they have any concerns as to such matters.
- The Website
- The Service Provider acknowledges that any changes to the Profile can be implemented or rejected by TidyChoice at its absolute discretion.
- TidyChoice gives no guarantee as to the availability of the Website and is entitled to temporarily suspend the Website without prior notice for the purposes of repair, maintenance or improvement.
- The Service Provider acknowledges that the Website may include Customer comments reviews / ratings (“Reviews”) relating to the Services provided by the Service Provider and that these will be publicly available for viewing. TidyChoice is not responsible for monitoring or editing such Reviews. The Service Provider acknowledges that such Reviews may be critical or defamatory of the Service Provider. Notwithstanding that TidyChoice may be aware or ought reasonably to be aware that such Reviews caused or contributed to publication of a defamatory statement about the Service Provider, the Service Provider releases TidyChoice from any liability in connection with such defamatory statements provided that TidyChoice offers the Service Provider a reasonable right of reply.
- The Service Provider acknowledges that the Profile is public on the TidyChoice website and TidyChoice can use the Service Provider’s Profile, Reviews and Photograph for marketing purposes.
- Personal Data
- The Service Provider acknowledges and agrees that TidyChoice is entitled to process the Service Provider’s personal data in accordance with the terms of TidyChoice’s privacy and cookies policy which is subject to change from time to time.
- Fees and Payment
- The payment rates due to the Service Provider for Services are as advised by TidyChoice to the Service Provider during the application process. Payment rates may be changed by the Service Provider provided that they comply with TidyChoice payment rate policies.
- The Service Provider shall be paid for cancelled bookings only if within 24 hours before the scheduled start time and only to the extent provided for in TidyChoice’s fees policy.
- All payments must go through TidyChoice’s payment provider. The Service Provider shall not request or accept any payment direct from any Customer that are not processed by TidyChoice’s payment provider. If the Service Provider engages the Customer
to provide services outside of the TidyChoice platform an off-platform fee of £50 for each customer is payable to TidyChoice.
- TidyChoice shall use reasonable endeavours to ensure that payments due to the Service Provider are transferred into the Service Provider’s bank account within seven business days from the day when the Service Provider submits hours for relevant Services provided. In the event of any Customer complaint, TidyChoice is entitled to withhold from any payment otherwise due to the Service Provider (whether relating to Services supplied to the complaining Customer or a different Customer) such sum as it considers reasonable for such period as it considers reasonable. TidyChoice is entitled in its discretion to use such withheld funds to make a payment to a Customer in satisfaction of a complaint.
- In circumstances when a refund is made to a Customer, the Service Provider will be responsible for any payment processing fees charged by TidyChoice's payment provider.
- The Service Provider agrees to share their bank account details with TidyChoice and TidyChoice’s payment provider in order to facilitate payments.
- The Service Provider shall not cancel or reschedule bookings without informing Customers or
TidyChoice. If the Service Provider fails to attend a session without informing Customers or
TidyChoice they are liable to a £20 fee. If the Service Provider reschedules a session without
informing Customers they are liable to a £10 fee. If the Service Provider accepts a new booking and
cancels within 24 hours of the first session they are liable to a £10 fee.
- Liability and Indemnity
- Any provisions in this agreement excluding or limiting liability will apply regardless of the form of action, whether under statute, in contract or tort including negligence or otherwise. Nothing in this agreement in any way excludes or restricts either party’s liability for negligence causing death or personal injury or for fraudulent misrepresentation or for any liability which may not legally be excluded or limited.
- TidyChoice shall not be liable for breach of this agreement unless the Service Provider has given TidyChoice prompt written notice of the breach and a reasonable opportunity thereafter to rectify the breach at TidyChoice’s expense.
- The liability of TidyChoice under or in connection with this agreement in respect of for any act or omission or any series of connected acts or omissions shall be limited to the amount paid to the Service Provider in the six months preceding the act or omission complained of.
- In no circumstances shall TidyChoice be liable for any consequential, indirect or special damages or for economic losses (including without limit, loss of revenues, profits, contracts, business or anticipated savings) or for damage to or loss of data or for damage for loss of reputation.
- Both parties exclude all terms that are not expressly stated herein, including but not limited to any implied warranties as to quality, fitness for purpose or ability to achieve a particular result.
- The Service Provider shall indemnify and hold harmless TidyChoice and its successors, assigns, parent, subsidiaries and affiliates, and its directors, officers, employees, and agents against all losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of the breach by the Service Provider of this agreement or supply of Services by the Service Provider. TidyChoice shall have the right to withhold its reasonable estimate of the total damages and costs from sums otherwise payable to the Service Provider pursuant to this or any other agreement between the parties, and to apply such sums to payment of such damages and expenses. TidyChoice shall have the sole right to control the defence and settlement of any such claim save that TidyChoice shall consult with the Service Provider prior to any settlement. The Service Provider agrees to provide reasonable assistance to TidyChoice at the Service Provider’s expense in the defence of same.
- Termination and Suspension
- TidyChoice may in its absolute discretion at any time whether with or without cause and whether with or without notice immediately (1) suspend the Service Provider from the TidyChoice Services including removal of the Service Provider’s Profile from the Website and/or (2) terminate this agreement. For the avoidance of doubt, TidyChoice’s foregoing rights of suspension and termination apply notwithstanding any “three strikes” or other policy which TidyChoice may maintain relating to suspension / termination of service providers.
- The Service Provider may terminate this agreement at any time by giving at least 14 days’ notice in writing to TidyChoice. If the Service Provider stops providing Services without giving at least 14 days’ notice, the Service Provider may be liable to a fee payable to TidyChoice of £15 for each unperformed session within 14 days of notice.
- In the circumstances where the Service Provider fails to return keys to a Customer, the Service Provider will be liable to pay a £100 fee for each set of unreturned keys based on the loss or as otherwise negotiated. The fee will be payable to TidyChoice and can be used to compensate customers for changing locks and/or replacing lost keys.
- Upon termination of this agreement for any reason:
- accrued rights and liabilities will be unaffected;
- the Service Provider’s Profile shall be removed;
- TidyChoice shall cease supplying the TidyChoice Services; and
- all clauses which are expressed or clearly intended to survive termination together with any other provision necessary for the interpretation or enforcement of this agreement.
- You shall keep in confidence any information in any form (including oral) of a confidential nature obtained in connection with this agreement (including the terms of this agreement) and shall not without our prior written consent use that information other than for the purposes of this agreement or disclose it to any person.
- Notices and Service
- Any notice or other information required or authorised by this agreement to be given by any party may be given by hand or sent (by first class pre-paid post) to another party at its registered office or such other address as that party may notify to the other party for this purpose from time to time or, unless stated otherwise, by email (provided that the email has not been returned).
- Any notice or other information given by post which is not returned to the sender as undelivered shall be deemed to have been given on the second day after the envelope containing the same was so posted and proof that the envelope containing any such notice or information was properly addressed pre-paid, registered and posted, and that it has not been so returned to the sender, shall be sufficient evidence that such notice or information has been duly given.
- This agreement constitutes the entire agreement between the parties with respect to its subject matter and supercedes any previous communications or agreements between the parties. Both parties acknowledge that there have been no misrepresentations and that neither party has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
- Neither party is liable for breach of this agreement if the failure or delay is caused by any circumstances beyond the party’s reasonable control.
- Unless otherwise stated in this agreement, no amendment or variation of this agreement shall be effective unless in Writing (not email), expressed to be an amendment to this agreement and signed by a duly authorised representative of each of the parties.
- The Service Provider may not assign the whole or any part of its rights or obligations under this agreement without the prior written consent of TidyChoice, not to be unreasonably withheld or delayed.
- The failure of a party to exercise or enforce any right under this agreement shall not he deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter.
- If any provision of this agreement is held to be unlawful, void or unenforceable in whole or in part, this agreement shall continue in force in relation to the unaffected provisions and the remainder of the provision in question, and the parties will renegotiate the offending provision in good faith to achieve the same objects.
- Save insofar as expressly provided otherwise in this agreement, no third party may enforce any clause in this agreement under the Contracts (Rights of Third parties) Act 1999.
- This agreement shall be governed by and construed in all respects in accordance with the laws of England and each party hereby submits to the exclusive jurisdiction of the English Courts.
Last updated on March 8th, 2019