Terms and Conditions
1.1 In these Terms and Conditions, the following definitions shall apply:
“Home Checked” means Home Checked Limited (Company No.11211125), or any of its associate or subsidiary companies
“The Customer” means the party instructing Home Checked in respect of the supply of services
“Services” means those services which Home Checked agrees to supply to the Customer
“Order” means an order by the Customer for Services
“Home Checked Team” means any person supplied to the Customer by Home Checked to carry out the Services
2.1 These Terms and Conditions of Business apply to the Services supplied by Home Checked.
2.2 A contract between Home Checked and the Customer for the provision of Services shall only come into existence once Home Checked has received and accepted an Order from the Customer by telephone, email, letter or other means of communication chosen by Home Checked. 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 Home Checked agrees to supply the Services to the Customer at the price quoted by Home Checked to the Customer in accordance with its Price List at the date the Order is received and accepted by Home Checked.
3.2 Where the Customer has a regular time slot, Home Checked will endeavor to supply the same Home Checked Team but Home Checked reserves the right to change Home Checked Team at any time.
4. Home Checked will supply the Services at the time and place agreed between the Customer and Home Checked, and the Customer shall ensure that the necessary arrangements are in place to accept the Services at the agreed time and place. If Home Checked Team has made reasonable efforts to enter the Customer’s premises to provide the Services at the agreed time and place but to no avail, Home Checked reserves the right to charge the Customer 100% of the agreed price for the provision of those Services.
5.1 Home Checked undertakes to ensure that Home Checked Team maintains insurance to cover Home Checked Team’s legal liabilities (including public liability) in relation to the provision of the Services.
5.2 No liability will be accepted by Home Checked for any loss, expense, damage or delay arising from failure to provide a Home Checked Team for all or part of the period of the Services. Home Checked will be liable only for its own negligence or willful misconduct in the provision of Home Checked Teams to the Customer.
5.3 No liability will be accepted by Home Checked for the negligence, dishonesty, misconduct or lack of skill of Third Party Service provided, and all conditions, warranties and representations express or implied by statute, common law or otherwise in relation to the provision of Home Checked Team are hereby excluded to the fullest extent permitted by law.
5.4 Without prejudice to the generality of clause 5.1, it should be noted no liability can be accepted by Home Checked for any loss arising as a result of the Customer handing over any keys to Home Checked or Home Checked Team.
6.1 Once booked Service has been confirmed, Home Checked will submit to the Customer an invoice in respect of the Services to be provided and the Customer agrees to pay the full amount of the invoice within 3 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 Home Checked preferably by bank transfer but may also be made by credit/debit card or cheque.
6.4 Without prejudice to any other rights of Home Checked, if the Customer fails to pay Home Checked within 3 days of receipt of an invoice, Home Checked 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 Home Checked. 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.
6.5 Home Checked Services and fees are subject to change at any time. This excludes already Ordered Services, unless The Customer was notified prior to Order being submitted.
6.6 Home Checked Service prices include a contribution towards fuel costs and travel expenses. Supplementary travel fees may apply to deliver Home Checked Services to Customers outside our covered area.
6.7 Home Checked Services may be charged at double the standard Service rate for all Public/Bank Holidays, including Good Friday, Easter Sunday, Easter Monday, Christmas Eve (24th December), Christmas Day (25th December), Boxing Day (26th December), Christmas Weekend Bank Holiday, New Year’s Eve, and New Year’s Day.
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 100% of the agreed price for the provision of those Services.
7.2 Notwithstanding clause 7.1, if the Customer has a regular time slot, Home Checked requires 2 weeks’ notice of cancellation of that regular time slot. If the cancellation time is less than this, the Customer may be charged for the Services the Customer would have had during that period.
7.3 Home Checked shall notify the Customer as soon as is reasonably practicable of any circumstances likely to affect Home Checked’s ability to provide the Services upon the terms agreed and Home Checked will assist the Customer as far as reasonably practicable to identify an alternative solution.
7.4 In the event of any emergency Home Checked will endeavor to secure your property, initiate the agreed emergency procedure, and notify emergency services in a timely manner.
8.1 The Customer agrees to indemnify Home Checked against all claims, costs and expenses and any other liabilities incurred by Home Checked as a result of, or arising from claims brought by Home Checked Team or any other person where such claims arise as a result of the acts or omissions of the Customer or, Home Checked Team acting on the instructions of the Customer or third parties on behalf of the Customer.
8.2 The Customer is responsible for providing to Home Checked Team day to day instructions relating to the Services and accordingly the Customer agrees to be responsible for the acts, errors, omissions of Home Checked Team at all such times as if Home Checked Team were an employee of the Customer.
8.3 The Customer will provide a suitable place for Home Checked Team 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 Home Checked Team before the Services are provided. Home Checked will not be responsible for any damage caused to such items in the course of the provision of the Services.
In the event of Home Checked being notified that the Services are in the Customer’s reasonable opinion unsatisfactory, Home Checked may at its absolute discretion, reduce or cancel the charge for the time worked by Home Checked Team provided that such notification is received within 2 days of Home Checked Team performing the Services.
As an employment business, the Services that Home Checked provides are made possible only by substantial investment in advertising, interviewing and training its Home Checked Teams. In consideration of that investment, the Customer agrees that if s/he wishes to offer employment on any basis directly or indirectly to any Home Checked Team then an introduction fee of £1500 will be rendered liable to Home Checked.
Home Checked will only use the information provided to it by the Customer for the purpose of carrying out the Order save that Home Checked may notify the Customer of products and services that may be of interest to the Customer from time to time unless the Customer notifies Home Checked 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 Home Checked 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.