Terms And Conditions
1. In these Terms and Conditions, the following definitions shall apply:
“The Home Team” means Home Team (Domestic Services) Limited (Company No.05539386), or any of its associate or subsidiary companies, acting as an employment business (within the meaning of the Conduct of Employment Agencies and Employment Business Regulations 2003)
“The Customer” means the party instructing The Home Team in respect of the supply of services
“Services” means those services which The Home Team agrees to supply to the Customer
“Order” means an order by the Customer for Services
“Service Provider” means any person supplied to the Customer by The Home Team to carry out the Services
2.1 These Terms and Conditions of Business apply to the Services supplied by The Home Team.
2.2 A contract between The Home Team and the Customer for the provision of Services shall only come into existence once The Home Team has received and accepted an Order from the Customer by telephone, email, letter or other means of communication chosen by The Home Team. These Terms and Conditions of Business shall be incorporated into any such contract to the exclusion of any other terms or conditions.
2.3 The contract is subject to a right of cancellation in accordance with clause 7 below.
3.1 The Home Team agrees to supply the Services to the Customer at the price quoted by The Home Team to the Customer in accordance with its Price List at the date the Order is received and accepted by The Home Team.
3.2 Where the Customer has a regular time slot, The Home Team will endeavour to supply the same Service Provider but The Home Team reserves the right to change the Service Provider at any time.
4. The Home Team will supply the Services at the time and place agreed between the Customer and The Home Team, and the Customer shall ensure that the necessary arrangements are in place to accept the Services at the agreed time and place. If the Service Provider has made reasonable efforts to enter the Customer’s premises to provide the Services at the agreed time and place but to no avail, The Home Team reserves the right to charge the Customer 50% of the agreed price for the provision of those Services or 100%, if the Customer has ordered Services for 3 hours or less.
5.1 The Home Team undertakes to ensure that the Service Provider maintains insurance to cover the Service Provider’s legal liabilities (including public liability) in relation to the provision of the Services.
5.2 No liability will be accepted by The Home Team for any loss, expense, damage or delay arising from failure to provide a Service Provider for all or part of the period of the Services or from the negligence, dishonesty, misconduct or lack of skill of the Service Provider provided, and all conditions, warranties and representations express or implied by statute, common law or otherwise in relation to the provision of the Service Provider are hereby excluded to the fullest extent permitted by law. The Home Team will be liable only for its own negligence or wilful misconduct in the provision of Service Providers to the Customer.
5.3 Without prejudice to the generality of clause 5.1, it should be noted no liability can be accepted by The Home Team for any loss arising as a result of the Customer handing over any keys to The Home Team or the Service Provider.
6.1 At the beginning of every month, The Home Team will submit to the Customer an invoice in respect of the Services provided during the preceding month and the Customer agrees to pay the full amount of the invoice within 14 days of receipt of it.
6.2 The Customer shall not be entitled to make any deductions or withhold payment for any reason.
6.3 Payment shall be made by the Customer to The Home Team preferably by bank transfer but may also be made by credit/debit card or cheque.
6.4 Without prejudice to any other rights of The Home Team, if the Customer fails to pay The Home Team within 14 days of receipt of an invoice, The Home Team reserves the right to charge a £5 administration fee for each reminder sent to the Customer in respect of that invoice and to charge interest on the outstanding amount from the date payment is due pursuant to clause 6.1 until payment is received by The Home Team. Interest shall be charged at the rate of 2% per annum above base rate from time to time quoted by the Bank of England, on a daily basis.
7.1 The Customer will have the right to cancel at any time up to 36 hours before the proposed date of provision of the Services. If the cancellation time is less than this, the Customer will be charged 50% of the agreed price for the provision of those Services or 100%, if the Customer has ordered Services for 3 hours or less.
7.2 Notwithstanding clause 7.1, if the Customer has a regular time slot, The Home Team requires 2 weeks’ notice of cancellation of that regular time slot. If the cancellation time is less than this, the Customer will be charged for the Services the Customer would have had during that period.
7.3 The Home Team shall notify the Customer as soon as is reasonably practicable of any circumstances likely to affect The Home Team’s ability to provide the Services upon the terms agreed and The Home Team will assist the Customer as far as reasonably practicable to identify an alternative solution.
8.1 The Customer agrees to indemnify The Home Team against all claims, costs and expenses and any other liabilities incurred by The Home Team as a result of, or arising from claims brought by the Service Provider or any other person where such claims arise as a result of the acts or omissions of the Customer or, the Service Provider acting on the instructions of the Customer or third parties on behalf of the Customer.
8.2 The Customer is responsible for providing to the Service Provider day to day instructions relating to the Services and accordingly the Customer agrees to be responsible for the acts, errors, omissions of the Service Provider at all such times as if the Service Provider were an employee of the Customer.
8.3 The Customer will provide a suitable place for the Service Provider to work, which shall comply with all common law and statutory obligations including but not limited to health and safety and occupier’s liability.
8.4 If the Customer has any items of high monetary or sentimental value, the Customer should inform the Service Provider before the Services are provided. The Home Team will not be responsible for any damage caused to such items in the course of the provision of the Services.
- In the event of The Home Team being notified that the Services are in the Customer’s reasonable opinion unsatisfactory, The Home Team may at its absolute discretion, reduce or cancel the charge for the time worked by the Service Provider provided that such notification is received within 2 days of the Service Provider performing the Services.
- As an employment business, the Services that The Home Team provides are made possible only by substantial investment in advertising, interviewing and training its Service Providers. In consideration of that investment, the Customer agrees that if s/he wishes to offer employment on any basis directly or indirectly to any Service Provider then an introduction fee of £1400 plus VAT will be rendered liable to The Home Team.
- The Home Team will only use the information provided to it by the Customer for the purpose of carrying out the Order save that The Home Team may notify the Customer of products and services that may be of interest to the Customer from time to time unless the Customer notifies The Home Team that it does not want to receive any such information.
- The various provisions of these Terms and Conditions of Business are severable and if any provision whatsoever is held to be invalid or unenforceable by a court of competent jurisdiction then such invalidity or unenforceability will not affect the validity or enforceability of the remaining provisions of this agreement.
- The contract between The Home Team and the Customer for the provision of Services shall be governed and construed in accordance with English law and the parties submit to the jurisdiction of the English Courts.