Terms and Conditions
‘Client’ the person, firm, company or organization for whom Swanage & Purbeck Concierge Limited ‘S&P Concierge’ has agreed to provide services in accordance with these Terms & Conditions.
‘Contract’ the Contract for the provision of services which will be governed by these conditions.
‘Services’ means the services provided by S&P Concierge to or for the Client.
‘Charge’ means the charge payable by the Client to S&P Concierge as notified by S&P Concierge from time to time.
S&P Concierge shall be entitled to alter and vary these conditions from time to time on reasonable written notice to the Client without any liability to the Client.
S&P Concierge’s normal working hours are from 09.00 – 17.00 Monday to Friday excluding bank holidays. Where S&P Concierge is required to work outside these hours, they shall be entitled to charge a higher hourly rate. Outside normal hours, the Client may contact S&P Concierge by telephone, email or messages. S&P Concierge will respond to all messages left by the Client as soon as possible. Special attention will be paid to contact/messages of an urgent nature.
The Client may provide S&P Concierge with a password to identify verification. Both S&P Concierge and the Client will keep any such password confidential.
All communication between the Client and S&P Concierge shall remain confidential – see below.
Keys held by S&P Concierge to enable them access to the Client’s property(s) and relevant possessions will be held in a fireproof safe and a Key Release Agreement signed by the Client & S&P Concierge. S&P Concierge recommend that the Client provide two sets of keys in case of emergencies.
SUPPLY OF SERVICES
S&P Concierge shall provide services to the Client subject to these Terms & Conditions or such other conditions as may be agreed in writing between S&P Concierge and the Client.
S&P Concierge has a list of preferred suppliers for trades and services which is the property of S&P Concierge. The Client is contractually obligated to go through S&P Concierge for these suppliers. Should the Client go direct then S&P Concierge reserve the right to claim any monies they may have earned from the instruction from the Client.
Subject to any special terms agreed, the Client shall pay S&P Concierge the Charge and any additional sums agreed between the Client and S&P Concierge for the provision of services.
All Charges for services provided by S&P Concierge and/or arranged by S&P Concierge will be paid to S&P Concierge. In the event the Client bypasses S&P Concierge in regard of an agreed service provision, S&P Concierge shall be entitled to claim income lost to S&P Concierge from the Client.
Costs/charges for tickets, admissions and deposits will be payable by the Client to S&P Concierge at the time the Client requests S&P Concierge to make said booking/arrangement.
S&P Concierge shall be entitled to vary the Charge from time to time on written notice to the Client.
S&P Concierge shall be entitled to invoice the Client immediately upon receipt of written acceptance of these Terms & Conditions, or at other times agreed with the Client.
All payments will be made by direct debit or bank transfer direct to S&P Concierge.
All quotations given and charges mentioned will be exclusive of VAT unless otherwise stated.
The Charges and any additional sum due shall be paid by the Client (without any set off, counter claim or other deduction) in advance or within 7 (seven) days of the S&P Concierge invoice date.
A late payment penalty of 5% (five percent) of the total invoiced charge will be payable to S&P Concierge should payments not be received by S&P Concierge within 7 (seven) days after the due date billed.
Services provided by S&P Concierge are provided expressly for the Client and the Client shall not use the Services for any improper, immoral, unlawful or any other purpose other than that for which the Client informs S&P Concierge at the time of the initial request.
The Client shall immediately inform S&P Concierge of the identity of any third party with whom the Client enters into a Contract or arrangement for sale of goods or supply of Services which result in the provision of Services by S&P Concierge and S&P Concierge shall be entitled to decline to provide such Services to such party without providing any reason.
If the Client should request that S&P Concierge use the Client’s credit card and/or other credit facilities for the purpose of rendering Services, the Client shall, promptly and upon request, provide written confirmation of its authorization (in such form as S&P Concierge shall request) for S&P Concierge to use any such credit facility. The Client acknowledges and agrees that S&P Concierge shall have no liability or to be responsible in any way whatsoever in respect of the use of the Client’s credit card and/or other credit card facilities provided that S&P Concierge acts in accordance with the instructions issued by the Client in relation thereto.
When the Client has entered into an agreement of duration longer than one calendar month, S&P Concierge and the Client shall be entitled to terminate the Contract for the provision of all or any of the Services on 30 days written notice to the other.
Without prejudice to any other accrued rights and remedies available, S&P Concierge shall have the right to terminate the Contract for the provision of all or any of the Services forthwith upon written notice if:
The Client commits a serious breach of these conditions or, in the case of a breach capable of remedy, fails to remedy such breach within 7 (seven) days of written notice from S&P Concierge to so remedy, or
The Client goes bankrupt or turn insolvent to makes voluntary arrangement with any of its creditors or has an order made against any of its effects or property.
On termination for any reason whatsoever, the Client shall immediately make payment to S&P Concierge of all and any sums outstanding and owing to S&P Concierge under these conditions (including the Charge or any outstanding balance) and S&P Concierge shall provide information and suggestions in response to all outstanding requests made by the Client prior to termination.
On termination of the Contract pursuant to clauses 5.1 and 5.2 above, the Client shall not be entitled to refund of the Charge.
S&P Concierge shall not be liable for any loss, cost, expense or damage of any nature whatsoever (whether direct or indirect) resulting from the provision of the Services or the Client’s reliance upon the information and suggestions provided by S&P Concierge hereunder and the resulting supply of goods and services to the Client by any third party.
S&P Concierge warrants to the Client that S&P Concierge shall use all of its reasonable endeavours to provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with the Client’s requests and instructions from time to time. Where S&P Concierge supply the Client with any goods or Services supplied by a third party, S&P Concierge does not give any warranty, guarantee, representation or other terms as to the quality, fitness for purpose or otherwise of the goods or Services and the Client shall be required to seek compensation for any loss or damage suffered from such third party direct. For the avoidance of doubt S&P Concierge does not and will not provide any representations or recommendations in relation to any of the information and suggestions comprised within the Services and the Client is deemed to be responsible for, and shall use its own skill and judgement as to the quality, value and suitability of any such information and suggestions and in relation to deciding whether to enter into any contract with any third party for the supply of Services or sale of goods.
S&P Concierge shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by the Client which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any other fault of the Client.
S&P Concierge shall not be liable or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure, any of S&P Concierge’s obligations in relation to the Services, if the delay or failure was due to any cause beyond S&P Concierge’s reasonable control.
Subject to the provisions of this clause 6, S&P Concierge’s maximum liability to the Client for breach of any of its obligations hereunder shall be limited to the value of the Charge (provided that the Charge has at such time been paid by the Client in full).
DISCLOSURE OF INFORMATION
All information received by S&P Concierge in relation to the Client shall remain confidential and, except as maybe required by law, S&P Concierge shall not, without the Client’s prior written consent, disclosure or divulge to any third party any information of any nature whatsoever in relation to the Client.
Unless S&P Concierge receives notice from the Client to the contrary, S&P Concierge shall from time to time provide to the Client (by post, telephone or email) such information in relation to the Services that S&P Concierge considers may be of interest to the Client.
Under the Data Protection Act 1984 the Client shall be entitled upon written request to view any personal records or information held by S&P Concierge relating to the Client. S&P Concierge shall be entitled to charge an administration fee for this Service, which shall be set at the time of the Client’s request.
These conditions (together with any other terms and conditions agreed in writing between S&P Concierge and the Client from time to time) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except on notice from S&P Concierge. All other terms and conditions express or implied by a statute or otherwise are excluded to the fullest extents permitted by Law.
Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to the other party at it’s registered office or principal place of business or residential address (as the case may be) or such other address as may at the relevant time have been notified pursuant to the provision to the party giving notice. Any notice may be sent by first class post or email and notice shall be deemed to have been served on the expiry of 48 hours in the case of post or at the time of transmission in the case of email.
No failure or delay by S&P Concierge in exercising any of it’s rights under the Contract shall be deemed to be a waiver of that right, and no waiver by S&P Concierge of any breach of the Contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in parts, the validity of the other provisions of these conditions will still stand.
These conditions and the Contract to which they relate shall be governed and construed in accordance with English Law and the parties shall submit to the exclusivity jurisdiction of the English Courts.
PRINTED TERMS & CONDITIONS
For a printed versions of these Terms & Conditions please contact S&P Concierge by e-mail at firstname.lastname@example.org.