TERMS AND
CONDITIONS TO THE BUSINESS AGREEMENT
(HOUSEHOLDER(S)
AND INTRODUCTORY BUSINESS
Revision 4.3 29th July 2008
1. DEFINITIONS
1.1. For the purpose of this Business
Agreement:
1.1.1. the customer shall be referred to
as the Householder(s) and Time For You as the introductorty business ,
1.1.2. the term
"Householder(s)" shall be deemed to include the Householder's spouse
or partner, where applicable;
2. AMENDMENTS
2.1 The initial period for the contract
of services is for a minimum of 3 months, after which clause Termination 9.1
9.2 may be invoked by either party
2.2. introductory business ,
reserves the right to amend the terms and conditions of this Business
Agreement, and shall inform the Householder(s) of such changes by posting them
to introductory business , website, and/or to the Householder(s), not
less than 30 days before implementation of such changes.
3. INTRODUCTION
3.1. the introductorty business (.) ,
shall introduce a account manager (a "Account manager") from its
database of approved account managers, to the Householder(s) subject to the
terms and conditions of this Business Agreement.
4. PAYMENT
A deposit of a minimum of€90 will be required, All payments may be made by cheque, Bacs Transfer or standing order, if a standing order is preferred the following applies:-
4.1. The Householder(s) shall sign, and
return to introductory business ,, the standing order mandate
authorising payment of the Retainer, as specified in the Business Agreement, to
be made from the Householder(s) bank to introductory business ,. Such
payments shall continue until the Business Agreement is terminated in
accordance with Clause 9 of this Business Agreement.
4.2. introductory business ,
shall not forward the Bank mandate to the Householder(s) bank until after a Account
manager has commenced an arrangement with the Householder(s).
4.3. If a Account manager is retained by
the Householder(s) for more hours than originally agreed in the Business
Agreement, without the Householder(s) paying an additional fee, introductory business , reserves the right to claim the additional fee due, plus
interest at the prevailing Bank of England Base Rate plus 2% for any period
that the additional fee became payable but remained unpaid.
5. HOUSEHOLDER(S) OBLIGATIONS
5.1. The Householder(s) shall retain the Account
manager under a "Contract for Services"
5.2. The Householder(s) shall agree with
the Account manager directly what services are to be performed by the Account
manager, and such services shall form the basis of the Account manager's
obligations under the Contract for Services to be entered into. The
Householder(s) may change the scope and manner of the services contracted for
under the terms of the Contract for Services at any time by reaching mutual
agreement with the Account manager.
5.3. The Householder(s) shall provide a
safe working environment for the Account manager at all times.
6. OBLIGATIONS OF the introductorty business
6.1 the introductorty business ,
shall introduce a Account manager to the Householder in accordance with Clause
3.1.
6.2 Where the Householder is unhappy with
the Account manager introduced to them by the introductorty business (.) ,, the introductorty business ,
will endeavour to introduce to the Householder(s) a replacement Account manager.
In such circumstances, the Business Agreement shall continue unaffected and all
of the terms in this Business Agreement shall continue to apply.
6.3 If there is a period of time, between
the Householder notifying introductory business , that it is unhappy
with the Account manager introduced and a replacement account manager being
introduced under Clause 6.2, introductory business , will issue the
Householder(s) with a credit in respect of the period that the Householder(S)
is without a Account manager.
6.4 In the event that a suitable
replacement Account manager cannot be found and introduced to the Householder(s)
in accordance with Clauses 6.2 and 6.3, then Clauses 9.1 and/or 9.2 shall
apply.
7. Insurance
7.1. The Householder(s) shall have in
place adequate insurance cover against liabilities to the Account manager and
shall produce to introductory business , a copy of the appropriate
insurance policy and certificate if so requested by introductory business ,.
8. LIABILITY
8.1. Subject to Clause 8.2 below, the introductorty business
, shall not be liable for:
8.1.1 any loss or damage in excess of the
limit of its insurance cover nor outside the scope of its cover, as described
in Clause 7;
8.1.2 any losses incurred by
Householder(s) as a result of any failure of a retained Account manager to
comply with his or her contractual obligations under the Contract for Services
for whatever reason;
8.1.3 for collusion or theft of property
or possessions by a retained Account manager.
9. TERMINATION
9.1. the introductorty business , may
terminate the Business Agreement at any time by giving one month's notice in
writing to the Householder(s). In such circumstances, a portion of the Retainer
shall be refunded to the Householder(s) on a pro-rated basis. For the avoidance
of doubt, Clauses 9.5 - 9.8 shall continue to apply.
9.2. The Householder(s) may terminate the
Business Agreement at any time by giving one month's notice in writing to introductory business ,. In such circumstances, a portion of the Retainer
shall be refunded to the Householder(s) on a pro-rated basis. For the avoidance
of doubt, Clauses 9.5 - 9.8 shall continue to apply.
9.3. Notwithstanding Clause 9.1, where
the Householder(s) has committed a serious breach of these Terms and
Conditions, introductory business , is entitled to terminate the
Business Agreement without notice, and nothing in the Business Agreement shall
prevent introductory business , from taking further action in
connection with such serious breach. For the avoidance of doubt, Clauses 9.5 -
9.8 shall continue to apply.
9.4. Notwithstanding Clause 9.2, in the
event that introductory business , has committed a serious breach of
these Terms and Conditions, the Householder(s) is entitled to terminate the
Business Agreement without notice, and nothing in this Business Agreement shall
prevent the Householder(s) from taking further action in connection with such
serious breach. In such circumstances, a portion of the Retainer shall be
refunded to the Householder(s) on a pro-rated basis. For the avoidance of
doubt, in these circumstances, the remainder of this Clause 9 shall not apply
to the Householder(s).
9.5. For a period of twelve months
following termination of the Business Agreement for any reason, the
Householder(s) shall not engage, directly or indirectly, as an employee, agent
or otherwise any Account manager who has been introduced by introductory business , to the Householder(s). If the Householder(s) so engage(s) a Account
manager, then damages of up to six months of the Retainer may be claimed by
introductory business ,.
9.6. introductory business ,
reserves the right to charge the Householder(s) an administration fee, not
exceeding €150, the precise amount of which will be the costs actually incurred
in respect of setting up and entering into the Business Agreement to that
point.
9.7. Where the Householder(s) cancel the
standing order mandate without giving one month's notice to introductory business , in writing, introductory business , reserves the right to
charge the Householder(s) for any reasonable expenses incurred in respect of
that cancellation in addition to any outstanding fee that remains due and
payable under the terms of clause 4.
9.8. It is the Householder(s)
responsibility to ensure that the standing order mandate paying the introductorty business , fee is cancelled by the Householder(s) bank upon termination of the
Business Agreement. Payments received after the month's notice period will
incur an administration fee, up to a maximum of €25, for the return of a
payment (the precise amount of which fee will be introductory business
,'s costs actually incurred in returning a payment).
9.9 Non payment. All fees
are to be paid within 5 days of invoice. Failure to pay will lead to a suspension
of services and impoundment of laundry
10. GENERAL
10.1. If any provision of these Terms and
Conditions shall be found to be void, invalid or unenforceable, whether by a
UK court of law, agreement of the parties or otherwise, the remainder of this
Business Agreement shall remain in full force and effect notwithstanding any
such invalidity, illegality or unenforceability but the provision in question
will be deleted.
10.2 Complaints. failure
to register a complaint during a stay by any client will be deemed null and
void.
Note: prices shall be reviewed on the 1st October each year in line with the Portuguese RPI
Copyright Time For You Portugal 2006-2010