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Terms and Conditions
- Interpretation & General
1.1
In these conditions: “Client” the person,
firm, company or organisation for whom HC has agreed
to provide the Services in accordance with these
conditions; “HC” Head
Concierge Ltd; “Contract” the Contract
for the provision of Services which shall be governed
by these conditions; “Services” means
the Services to be provided by HC to or for the Client; “Charge” means
the Charge payable by the Client to HC as notified
by HC from time to time.
1.2 HC 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.
1.3 HC’s
normal hours are 08.30 – 18.00
Monday to Friday. Where HC is required to provide
Services outside these hours HC shall be entitled
to Charge
for its Services at a higher hourly rate, as the
same shall be notified to the Client in writing from
time
to time. Outside normal hours, the Client may reach
a HC consultant by telephone, fax or email as notified
from time to time. HC will respond to all messages
left by the Client as soon as possible.
1.4 The Client
may provide HC with a password for identity verification.
Both HC and the Client will
keep any
such password confidential.
1.5 Telephone calls between
HC and the Client may be recorded and monitored from
time to time for training
purposes.
- Supply of the Services
2.1 HC shall provide the Services to the Client subject
to these Conditions or such other conditions as may
be agreed in writring between HC and the Client
2.2
The service permits the Client to request from
HC any information or suggestions in relation to
any
personal needs or desires of the Client (including
events, activities, venues, goods and Services). HC
reserves the right to refuse to supply Services if,
in the opinion of HC, the Services are to be used by
the Client for any immoral or unlawful purpose. HC’s
information and suggestions will be based upon the
specific criteria provided to HC by the Client.
2.3
HC shall inform the Client from time to time of the
type and nature of requests with which HC are accustomed
to or capable of dealing but shall not be liable to
the Client in the event that a request made of HC is
not capable of fulfilment by them.
2.4 HC shall, within
an agreed reasonable period of time, use all its reasonable
endeavours to provide
information and suggestions in reponse to the Clients
requests. If HC is unable to deal with any requests,
it will inform the Client as soon as reasonably possible.
2.5
HC shall, if requested by the Client, use its reasonable
endeavours to issue reminders for key events from time
to time, issued at an agreed time prior to such event.
- Charges
3.1 Subject to any special terms agreed, the Client
shall pay HC the Charge and any additional sums
agreed between HC and the Client for the provision
of the
Services.
3.2 HC shall be entitled to vary the Charge
from time to time on written notice to the Client.
3.3
HC shall be entitled to invoice the Client immediately
upon receipt of written acceptance of these conditions
or at other times agreed with the Client.
3.4 All payments made to HC Via Credit Card Transactions are liable to a 3% handling charge. This handling charge of 3% is added to the total sum owing to HC by the Client.
3.5 All quotations given and charges mentioned, will be exclusive of VAT unless otherwise stated.
3.6 The
Charge and any additional sum due shall be paid by
the Client (without any set off, counterclaim
or other deduction) in advance or within Ten
days of HC’s invoice date.
3.7 A late payment penalty of 5% of the total invoiced charge will be payable to HC should payments not be received by HC within 14 days after the due date billed.
- Client’s Responsibilities
4.1 Services provided by HC are provided expressly
for the Clients and the Clients shall not use the
Services for any improper, immoral, unlawful or
any other purpose other than that for which the
Client
informs HC at the time of the initial request.
4.2
The Client shall immediately inform HC 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 HC and HC shall be entitled to decline to provide
such Services to such party without providing any
reason.
4.3 If the Client should request that HC
use the Clients credit card and /or other credit
facilities
for the
purpose of rendering Services, the Client shall,
promptly and upon request, provide written confirmation
of it’s
authorisation (in such form as HC shall request)
for HC to use any such credit facility. The Client
acknowledges
and agrees that HC shall have no liability or be
responsible in any way whatsoever in respect of the
use of the
Clients credit card and /or other credit card facilities
provided that HC acts in accordance with the instructions
issued by the Client in relation thereto.
- Termination
5.1 When the Client has entered into an agreement of
duration longer than one calendar month, HC 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.
5.2 Without prejudice
to any other accrued rights and remedies available,
HC shall have the right to terminate
the Contract for the provision of all or any of the
Services forthwith upon written notice if:
5.2.1 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 days of written
notice from HC to so remedy; or
5.2.2 The Client goes
bankrupt or turns insolvent or makes voluntary arrangement
with any of its creditors
or has an order made against any of its effects or
property.
5.3 On termination for any reason whatever,
the Client shall immediately make payment to HC of
all and any
sums outstanding and owing to HC under these conditions
(including the Charge or any outstanding balance) and
HC shall provide information and suggestions in response
to all outstanding requests made by the Client prior
to termination.
5.4 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.
- Liability
6.1 HC shall not be liable for any loss, cost, expense
or damage of any nature whatever (whether direct
or indirect) resulting from the provision of the
Services or the Client’s reliance upon the
information and suggestions provided by HC hereunder
and the resulting supply of goods and Services to
the Client by any third party.
6.2 HC warrants to the
Client that HC 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 Clients requests and
instructions form time to time. Where HC supply the
Client with any goods or Services supplied by a third
party, HC 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 HC 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.
6.3 HC
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.
6.4 HC 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 HCs obligations in relation
to the Services, if the delay or failure was due to
any cause beyond HCs reasonable control.
6.5 Subject
to the provisions of this clause 6, HCs 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
7.1 All information received by HC in relation to
the Client shall remain confidential and, except
as maybe
required by law, HC shall not, without the Client’s
prior written consent, disclose or divulge to any
third party any information of any nature whatsoever
in relation to the Client.
7.2 Unless HC receives
notice from the Client to the contrary, HC shall
from time to time provide to the
Client (by post, telephone or email) such information
in relation to the Services that HC considers maybe
of interest to the Client.
7.3 Under the Data Protection
Act 1984 the Client shall be entitled upon written
request to view any personal
records or information held by HC relating to the
Client. HC shall be entitled to Charge an administrative
fee
for this service, which shall be set at the time
of the Clients request.
- General
8.1 These conditions (together with any other terms
and conditions agreed in writing between HC and the
Clients from time to time) constitute the entire
agreement between the parties, supercede any previous
agreement or understanding and may not be varied
except on notice from HC. All other terms and conditions
express or implied by a statute or otherwise are
excluded to the fullest extents permitted by Law.
8.2
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 facsimile
transmission 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 facsimile or email transmission.
8.3 No failure or
delay by HC in exercising any of it’s rights
under the Contract shall be deemed to be a waiver of
that right, and no waiver by HC 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.
8.4 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.
8.5 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 and Conditions A Printed Version of These Terms and Conditions can be obtained by sending a S.A.E to: HeadConcierge.com, The Works, 28 Austin Road, Orpington, Kent BR5 2BU
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