Terms and Conditions
In this agreement “we” and “ours” refers to Port Marine Concierge,
whose office is at 68 Phoenix Way, Portishead, Bristol, BS20 7JX;
“you” refers to the Customer; “our tasks” means the provision of our
services to you such as the sourcing and engagement of a supplier to
perform the services; “the services” means the services which you
have engaged us to obtain on your behalf by a supplier; “Supplier”
means a third party e.g. plumber, which we, acting as your agent and
not as principal, have engaged for you to carry out services at your
request; “prime supplier” means a supplier whose ability,
qualifications and insurance to carry out the services have been
researched and approved by us.
1. (1) We are a personal concierge and time management company and
you have engaged us to perform certain services on your behalf,
which may include the arrangement of services to be carried out for
you by a supplier. Where the services may legally be carried out
only by a supplier with suitable qualifications and/or insurance, we
shall use reasonable endeavours to ensure that any supplier chosen
by us to perform the services shall be so qualified/insured.
(2) If we cannot arrange for a prime supplier to perform the
services for you, we may, with your prior approval, arrange for a
supplier who is not a prime supplier to perform the services, in
which case clauses 2 and 10 (b) will not apply.
2. (1) Where we have engaged a prime supplier to carry out the
requested services, unless you have expressly requested or agreed to
a particular supplier or a specific charge for the services, we
shall make reasonable efforts to ensure that the supplier’s charges
for providing the services are reasonable having regard to the local
market rate for such services in the general locality of the
performance of the services. However, we give no warranty as to any
supplier’s charges for any services which have been ordered,
negotiated or arranged by you direct with the supplier.
(2) Whilst we shall use our best endeavours to ensure that any prime
supplier selected by us is competent to carry out the services to a
proper standard of workmanship and quality, we shall not be liable
if his performance falls below that standard.
3. (1) Our charges for our tasks (i.e. the tasks we carry out for
you ourselves) will be levied at our advertised rates from time to
time.
(2) Our office hours are 8am to 5.30pm Monday to Friday excluding
Christmas Day, Good Friday and Bank Holidays. If, at your request,
we carry out tasks for you outside our office hours, our charges may
bear an increase in accordance with our advertised tariff.
4. We shall not be responsible for the security of communications
sent by us to you or others in relation to our tasks and the
services by email or fax. Please let us know if, at any stage, you
do not wish us to use email or fax for communications.
5. We intend to rely upon the written terms set out here. If you
require any changes, please make sure that you ask for them to be
put in writing. In that way, we can avoid any problems surrounding
what we and you are each expected to do.
6. In the event that you engage us to arrange for services to be
performed at a particular location, you will give reasonable access
to such location (including to the interior of any premises) to us
and our employees and agents and to the supplier and its employees
and agents as may be necessary for the services to be performed
without hindrance.
7. You will be responsible for obtaining from any other party (e.g.
landlord) or any government or competent authority any consents that
may be necessary for the services to be provided.
8. We will not be liable under this agreement for any loss or damage
caused by us or our employees or agents in circumstances where (i)
there is no breach of a legal duty of care owed to you by us or by
our employees or agents; (ii) such loss or damage is not a
reasonably foreseeable result of any such breach; (iii) any increase
in loss or damage resulting from the breach by you of any term of
this agreement.
9. We will not be liable under this agreement for any loss or damage
caused by the supplier, its employees or agents.
10. (a) We shall not be liable to you if any document procured by us
for you (e.g. theatre ticket) is subsequently found not to be
genuine or if it is not accepted by any other party (e.g. theatre)
as genuine;
(b) however, we shall use all reasonable endeavours to ensure that
such documentation is genuine and bona fide.
11. We shall not be liable to you if we do not perform our tasks, or
the services are not performed by any third party, for reasons
beyond our control, e.g. strike, lock-out, labour dispute, transport
difficulties, act of God, war, riot, civil commotion, malicious
damage, application of law, accidental breakdown of plant and
machinery, fire, flood, storm and other circumstances affecting the
provision of goods and services.
12. Suppliers’ charges for the performance of the services will at
all times be payable by you, unless we have agreed otherwise. If it
has been agreed that we shall tender payment for the services to any
supplier, it will be
on the basis that we do so as your agent and that you refund any
such payment to us immediately upon demand, save to the extent that
you have provided the necessary funds beforehand.
13. Payment of our charges for our tasks shall be payable on
invoice. Interest at 3% per annum over the base rate from time to
time of the Bank of England will be charged upon any balance due
which remains unpaid 14 days after the invoice (both before and
after judgement).
14. Any complaint you wish to make about the performance or conduct
of a supplier should be addressed to the supplier. We would,
however, request you to notify us of any such complaint, as it would
assist us in assessing for future use, the adequacy of the supplier
as a provider of the relevant services.
15. We endeavour to provide a high quality service to you in
carrying out our tasks. If you are unhappy at any time about how we
perform our tasks for you, please contact the Managing Director at
our main office address, and we would seek to investigate any such
complaint as soon as reasonably practicable and report back to you.
This does not affect your statutory rights.
16. CANCELLATION AND COOLING OFF PERIOD
(1) You have received a copy of this agreement before our tasks have
been performed. You have a right to cancel this agreement within one
week of that date, except where (i) we have performed all or part of
our tasks; (ii) the services have been performed; or (iii) the
supplier has been engaged by us on your behalf.
(2) If you wish to cancel, you must notify us in writing at the
address shown below, so that we receive it within one week of the
date shown below.
(3) If you cancel your order we shall (i) charge you for the tasks
we have carried out for you up to the time we have received notice
of cancellation at the rate mentioned in clause 3; (ii) be entitled
to recover from you any money paid by us to a supplier in relation
to the services you have requested; (iii) any money paid by us for
goods reasonably required in the procurement of the services or the
carrying out of our tasks (e.g. price of theatre ticket).
(4) We reserve the right to cancel this agreement at least a week
before the intended date of performance of the services, without
giving reasons, and we shall use reasonable endeavours to notify you
of any such cancellation as soon as it is reasonably practicable to
do so.
17. (1) We may make a search in relation to your financial status
with a credit reference agency, which will keep a record of that
search and will share that information with other businesses. If you
are a company we may also make similar enquiries about your
directors.
(2) Save to the extent that disclosure might be required by law, we
shall keep confidential to you all information about you and we
shall not disclose any information about you to any other party
except to a supplier to the extent that such disclosure is necessary
to enable the supplier to perform the services.
(3) We may monitor visits to our website and retain information
about you (e.g. the use of cookies and other computer-held or
computer-generated data).
18. Any notice or communication which is given under the terms of
this agreement or in relation to our tasks shall be served by first
class post (in the case of a notice being sent to us, to our main
office address) and shall be deemed to have been received on the
second working day after posting, or by fax or email which shall be
deemed to be received on the day of transmission if sent before 4pm
or the next working day if sent after 4pm.
19. If any of the provisions of this agreement are unenforceable,
such provisions shall be severed from this agreement and the
remainder of the provisions shall remain in full force and effect.
This agreement shall be construed in accordance with English law and
we and you agree to submit to the non-exclusive jurisdiction of the
English courts.
20. The Contracts (Rights of Third Parties) Act 1999 shall not apply
to this agreement. We may assign our rights and obligations under
this agreement. You may not assign your rights and obligations under
this agreement.