Our Terms & Conditions of Business...
In this agreement “we” and “ours” refers to “No Worries”
whose main office is at Paddock Barn, Hargrave,
Suffolk IP29 5HY, “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 lifestyle 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) The “No Worries” list of preferred suppliers is not a
directory for clients to access without the arrangements
for these services to be undertaken by us. Should you
wish to make your own arrangements with one of such
suppliers an appropriate charge of up to one hour will
be made to your account.
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. VAT at the standard rate will be
added to our charges as applicable.
(2) No Worries hours and our gift vouchers are valid for
one year starting on and including the date of purchase.
(3) Our office hours are 9am to 5pm 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 will bear an uplift 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. (1) 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.
(2) Travel time to and from your premises or for errand running
purposes is chargeable at our usual advertised
hourly rates, capped at 30 minutes within the local
area. Travel time for work requiring our physical
presence outside the local area will be agreed on a
case by case basis. Travel time is not chargeable if the
amount of work takes a full working day of seven hours
or more.
7. You will be responsible for obtaining from other
parties (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, lockout,
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 our 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 2% pa over the base rate
from time to time of Alliance and Leicester Bank plc will be
charged upon any balance due which remains unpaid
14 days after invoice (both before and after judgment).
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, since 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 either partners 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 & 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 office address shown overleaf, so that we receive it
within one week of the date shown overleaf.
(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 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 4 pm or the next working day if sent after
4pm.
19. If any of 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
