DEFINITIONS
These definitions apply to the following Terms and Conditions:
Force Majeure Event: shall have the meaning given in clause 7.
Order: your order for the Services as set out in the Order Form.
Services: the home made services and services ancillary there that we are providing to you as set out in the Order Form.
Client: the person(s) in transition.
Terms: the terms and conditions set out in this document and Order Form
We/us/our: Start Afresh Organisational Services Limited (company registration number 10598445) whose registered address is Meadow Croft, Middle St, Ilmington, Warwickshire, CV36 4LS.
1. BASIS OF SALE
1.1
We consider these Terms, and the Order Form to set out the whole agreement between you and us for the supply of the Services.
Please check that the details in these Terms and on the Order Form are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing.
We require proof of Power of Attorney should one be in force and someone other than ‘The Client’ is signing to accept the contract.
(d) Irrespective of who is engaging our service, our first duty is loyalty to the individual in transition ‘The Client’ – we will always provide services and recommendations based on their needs and concerns and promote opportunities for self determination.
Please ensure that you read and understand these Terms before you sign and submit the Order Form, because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause 1.5.
1.2 Any descriptions or advertising we issue, and any descriptions or illustrations contained in our brochure or website are issued or published solely to provide you with an approximate idea of the Services they describe. They do not form part of the contract between you and us or any other contract between you and us for the supply of the Services.
If any of these Terms are inconsistent with any term of the Order Form, the Order Form shall prevail.
The signed Order Form is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.
These Terms shall become binding on you and us when:
We receive the Order Form signed by you ‘the Client’ or by your representative who has the authority to act on your behalf, along with any requested deposit.
Any estimates of costs for the Services are given on the basis that a binding contract shall only come into existence in accordance with clause 1.5a.
Your deposit will be deducted from the final invoice. We will provide an invoice for the deposit.
1.6 Without prejudice to clause 8.2 you may at any time before the provision of Services or any agreed delivery date or within 2 calendar days of placing an Order amend or cancel an Order by providing us with written notice. If you amend or cancel and Order, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the Order until we receive your amendment or cancellation. These costs will be deducted from your deposit. Any outstanding fees over the deposit will be invoiced and due for payment on receipt.
1.7 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, for example changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms in force at the time that you order the Services from us, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case it will apply to orders you have previously placed that we have not yet fulfilled. If the services are on-going, we will give you prior notice of any changes to these Terms and you can choose to cancel the Order without penalty before the new Terms affect you.
1.8 You authorise us to act from time to time on instructions given in any manner, including verbal, written and electronic in circumstances where we reasonably believe those instructions have emanated from you or from any person we could reasonably expect to have authority to instruct us on your behalf. Where we reasonably believe certain action needs to be taken by us on your behalf in order to properly perform the Services but no adequate or timely instructions have been received by us, you authorise us to take whatever actions we consider appropriate in the circumstances.
1.9 If after signing the Order Form additional services or changes to agreed services are required, these will be added to the Order form for your signature (agreeing the variation)
2 QUALITY OF SERVICES
2.1 Unless we are prevented from doing so by a Force Majeure Event, we will provide Services which:
conform in all material respects with their description;
are carried out with reasonable care and skill;
are fit for any purpose we say the Services are fit for, or for any purpose for which you use the Services and about which you have informed us, or we could reasonably expect you to use the Services; and
comply with all applicable statutory and regulatory requirements for supplying the Services in the United Kingdom and the NASMM code of ethics.
2.2 This warranty is in addition to your legal rights in relation to Services which are not carried out with reasonable skill and care or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
3. COMPLAINTS
3.1 In the unlikely event that the Services do not conform with these Terms, please let us know as soon as possible after we have carried them out. We will:
(a) provide you with a full or partial refund, depending on what is reasonable; (b) re‐perform the Services (within a reasonable time)
3.2 You must provide us, in sufficient time, with any information and instructions relating to the Services that is or are necessary to enable us to provide the Services in accordance with these Terms.
3.3 If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the Order by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.
4. PROVISION OF SERVICES
4.1 We will supply the Services to you from the date set out in the Order Form.
4.2 The Services will be supplied until terminated in accordance with these Terms or when the agreed work is completed.
4.3 We will make every effort to complete the Services on time but there may be delays due to circumstances beyond our control. In this case we will complete the Services as soon as reasonably possible.
4.4 We may have to suspend the Services if we have to deal with technical problems, or to make improvements to the Service. We will let you know in advance where this occurs, unless the problem is urgent or an emergency.
4.5 In instances where the Client (or their representative, family) has agreed to carry out tasks which form part of the overall move plan – if the tasks are not completed and these need completion to ensure adherence to an agreed timetable, the Client agrees to pay fees for any additional hours incurred by us.
4.6 If as part of the Order you instruct us to make sales of items on your behalf – a separate agreement will be provided.
4.7 We will agree times and dates for appointments with the client. We will work towards any dates provided by the client for example, completion date. Should appointments or dates be altered or cancelled on a repeat basis we reserve the
right to charge for any lost time.
5. PRICE AND PAYMENT
5.1 The price of the Services will be as set out in the estimate we provided to you on the Order Form.
5.2 Our fees will be calculated by reference to the time we spend carrying out work on your behalf (tasks as detailed on the Order Form). You will have been advised on the Order Form of our hourly rate and of an estimate of our overall costs.
5.3 These prices are exclusive of VAT. Should we become liable for VAT between the date of the Order and the date of delivery, we will add VAT at the current rate to our fees, unless you have already paid for the Services in full before our liability for VAT began.
5.4 We will invoice you for the Services at an agreed time – generally this will be following your move day. We may agree with you to invoice prior to your move day (if applicable). The invoice is due on receipt and we accept payment by cash, bank transfer, cheque or bankers draft.
5.5 If you do not make any payment due to us, we may charge interest to you on the overdue amount at a rate of 4% 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 judgement. You must pay us interest together with the overdue amount.
5.6 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of the Services or any other outstanding Order until you have paid the outstanding amounts.
5.7 Clause 5.5 and Clause 5.6 shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know within 7 calendar days after you have received the invoice that you dispute it.
5.8 We reserve the right at all times to obtain information from external sources in order to enable us to assess your creditworthiness.
5.9 We are entitles to recover on a full indemnity basis any costs incurred by us in collecting overdue payments, including our time charges, the costs and expenses of any third parties we may appoint to collect such amounts. We reserve the right to retain all documents and any items in our possession relating to any matter until all invoices are paid in full.
5.10 If an agreement has been made whereby our Fees are to be paid by someone other than you, you will nevertheless remain liable for all our Fees outstanding and all expenses incurred on your behalf until payment has been made in full.
5.11 You agree that we may deduct or cause to be deducted the Fees and all additional charges from any monies or assets held by us for you. Further, we shall be entitled to charge or sell assets under our control belonging to you for the purposes of meeting the outstanding fees.
5.12 On occasions some Auctioneers pay a commission on the sale of items we bring to them. This commission is a percentage of their commission i.e. is out of their costs. The amount you receive for auctioned items less auctioneer commission and taxes is not affected. We do not ask for commission from them or any other supplier.
6. LIMITATION OF LIABILITY
6.1 When we provide services through or introduce you to a third party for the provision of goods or services, we are acting as your agent. It is your responsibility to use your discretion as to whether or not a particular third part is engaged, and your contract is with the relevant supplier.
6.2 Subject to clause 3, if either party fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for the losses which we or you could reasonably foresee would result from the failure to comply with these Terms.
6.3 Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
lossof income or revenue;
loss of business;
loss of anticipated savings; or
loss of data.
However, this clause 6.3 shall not prevent claims for foreseeable loss of, or damage to, your physical property
6.4 This clause does not include limit in any way our liability for:
death or personal injury caused by our negligence; or
fraud or fraudulent misrepresentation; or
any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
6.5 Buildings and contents insurance – You agree to maintain at all times a comprehensive policy of insurance in respect of your property and you agree to waive any subrogation rights against us or any policies of insurance we have in place in respect of any claims paid by your insurers.
6.6 Client packed items – We shall not be responsible for any items packed by the Client.
6.7 Valuable, important papers, medication/equipment and cash
You agree to accept responsibility for items and personal possessions of high value (over£1,000) including jewellery, credit cards and cash. In addition, you accept responsibility for any medical prescriptions/equipment and specialised paperwork and agree to remove such items from your property during any property move and further agree we shall not be liable for any loss or damage caused to the same.
6.8 Our packing and damage
If you discover damage when you unpack (items packed by us), you need to report it to us. Claims for property damage must be reported to us within 7 days of your move. We will arrange for repair or replacement or reimbursement in agreement with you. Damage to items packed by third parties should be raised with them packing or sorting will be indicated to you. Pre existing damage – Items that are found to be already damaged when packing or sorting will be indicated to you
7. EVENTS OUTSIDE OUR CONTROL
7.1 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 events outside our reasonable control (Force Majeure Event).
7.2 A Force Majeure Event includes ant act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action; or
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
(e) impossibility of the use public or private telecommunications networks.
7.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
8. CANCELLATION
8.1 Either of us may terminate the arrangement between us at any time by providing the other party with 2 calendar days’ prior notice in writing or by email. You will be liable for any fees incurred up to the date of the cancellation request being received. Should we terminate the agreement we will advise why we have done this and endeavour to signpost the client to alternative services.
8.2 You can cancel within 14 day of the contract start date for contracts signed in your home. You will be liable for any fees incurred to the cancellation date if you gave permission for us to start work within the 14 day period.
8.3 Termination will not affect either party’s outstanding rights or duties, including our right to recover from you any money you owe us under these Terms.
9. ASSIGNMENT
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
10. NOTICES
All notices must be sent to Start Afresh Organisational Services Ltd at Meadow Croft, Middle Street, Ilmington, CV34 4LS or to info@start-a-fresh.org.uk. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served24 hours after an e-mail is sent or three days after the date of posting any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly address, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
11. DATA PROTECTION, CONFIDENTIALITY & PERMISSIONS
11.1 We will treat any information provided by you in confidence. We will only use the personal information you provide to us to provide the Services. In providing the Services outlined in your Order we may need to speak to other professionals or service providers and will obtain your consent to do this. For further details please see our Privacy Policy.
11.2 We will disclose information to others if we believe that you or other individuals will be seriously harmed by non disclosure.
11.3 We will not pass your data to third parties.
11.4 It is our policy to permit destruction of correspondence and any other documentation after six years, unless alternative arrangements have been agreed in writing.
12. FINANCIAL SERVICES AND TAX
12.1 We are not authorised by the Financial Conduct Authority and so may recommend someone who is so authorised to provide any necessary advice.
12.2 We are not qualified to advise you on the tax implications of a transaction you may instruct us to carry out, or the likelihood of them arising.
13. GENERAL
13.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
13.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
13.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
13.4 These Terms shall be governed by English law and you and we both agree to the non-exclusive jurisdiction of the English courts.
13.5 We are members of the National Association of Senior Move Managers and adhere to their Code of Ethics – a copy of which can be accessed at www.nasmm.org
13.6 Business relationships and third parties – we may recommend service providers to address client needs. These are separate services companies and have their own contracts. Unless otherwise stated we do not receive any financial or other benefit from recommendations to third parties for the provision of goods and services to our client and we are not responsible for services provided by third parties. See Clause 5.12.
Mailing Address: Meadow Croft, Middle Street, Ilmington, Warwickshire CV36 4LS
Telephone 07768 104269 & 07851 726072
Registered in England and Wales No 1059844