1. DEFINITIONS
For the purpose of this Agreement:
1.1 The Term “Help Made Simpler and Help Made Simple” means the Limited Company (registered in England and Wales with company number 7474286) and “Help Made Simple” means the Limited Company (registered in England and Wales with company number 7474286)
1.2 The term "Householder" means the Householder or Householders, and the singular term shall be deemed to include the plural where applicable;
1.3 The term “Website” means the website at www.helpmadesimpler.co.uk operated by Help Made Simpler and www.helpdmadesimple.co.uk; operated by Help Made Simple Limited
1.4 The term “Home Helper” means a Cleaner from the database of Home Helpers maintained by Help Made Simpler and Help Made Simple.
2. AMENDMENTS
2.1 Help Made Simpler and Help Made Simple reserves the right to amend the terms and conditions of this Agreement, and shall inform the Householder of such changes by posting them to the Website, and/or sending or otherwise providing them to the Householder, not less than thirty (30) days before implementation of such changes.
3. INTRODUCTION
3.1 Help Made Simpler and Help Made Simple shall introduce a Home Helper to the Householder subject to the terms and conditions of this Agreement, to provide the hours of work specified as may be varied from time to time by prior agreement between the Householder and the Home Helper subject to the Householder's compliance with the minimum Retainer specified by Help Made Simpler and Help Made Simple. Note that changes to the number of hours shall affect payment to Help Made Simpler and Help Made Simple.
3.2 The Householder shall pay Help Made Simpler and Help Made Simple by monthly Standing Order for the introduction of the Home Helper and ongoing support for the duration of the Agreement.
3.3 This Agreement will be for a minimum initial period of four (4) weeks as from the date of the commencement of the service and shall continue thereafter on a month-to-month basis.
4. PAYMENT OF HELP MADE SIMPLER AND HELP MADE SIMPLE RETAINER
4.1. The Householder shall sign, and return to Help Made Simpler and Help Made Simple, the Standing Order Mandate authorising payment of the monthly amount, as specified, to be made from the Householder's bank to Help Made Simpler and Help Made Simple each month. Such payments shall continue until the Agreement is terminated in accordance with Clause 9 or cancelled under Clause 10.
4.2. The payment of the Retainer for the initial period is payable by cash, cheque or bank transfer prior to commencement of the service.. However, Help Made Simpler and Help Made Simple shall not forward the Standing Order Mandate for future payments to the Householder's bank until after a Home Helper has carried out a first satisfactory session.
4.3. Any change to the hours as stated overleaf should be reported in advance to Help Made Simpler and Help Made Simple by the Householder and shall be subject to the appropriate adjustment to the amount of the Retainer.
4.4. If a Home Helper is retained by the Householder for more hours than originally agreed, without the Householder paying an additional fee to Help Made Simpler and Help Made Simple, Help Made Simpler and Help Made Simple reserves the right to claim the additional fee due, plus interest, for any period that the additional fee became payable but remained unpaid.
4.5. Where the payment by the Householder of the Retainer, or any other sum payable under this Agreement, is not received by Help Made Simpler and Help Made Simple by the due date, Help Made Simpler and Help Made Simple reserves the right to charge the Householder interest at the prevailing Bank of England Base Rate plus 2% for each day that the total amount outstanding or any part of it remains unpaid.
4.6. The failure to pay any Retainer payment for more than one month shall constitute a serious breach for the purposes of Clause 9.3 and Help Made Simpler and Help Made Simple shall accordingly be able to terminate this Agreement without prejudice to its right to charge interest on the overdue amount and/or to recover the outstanding amounts and its reasonable costs incurred in so doing
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5. HOUSEHOLDER OBLIGATIONS
5.1. The Home Helper is introduced to the Householder as a self-employed Home Helper and the Householder shall retain the Home Helper under a "Contract for Services", which for the avoidance of doubt shall be a separate contractual arrangement between the Householder and the Home Helper only. The Householder shall agree directly with the Home Helper the terms of that contract.
5.2. The Householder shall agree with the Home Helper directly what services are to be performed by the Home Helper, and such services shall form the basis of the Home Helper's obligations under the Contract for Services to be entered into. The Householder 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 Home Helper.
5.3. The Householder shall pay any Home Helper retained by the Householder at the rate agreed in the Contract for Services and such fees shall be paid directly to the Home Helper in accordance with that agreement and on the day the Home Helper has cleaned.
5.4. The Householder shall provide a safe working environment for the Home Helper at all times.
6. OBLIGATIONS OF Help Made Simpler and Help Made Simple
6.1 Help Made Simpler and Help Made Simple shall introduce a Home Helper to the Householder in accordance with Clause 3.1.
6.2 Where the Householder is unhappy with the Home Helper introduced by Help Made Simpler and Help Made Simple and/or notifies Help Made Simpler and Help Made Simple that, for whatever reason, the Home Helper's services are to cease permanently, Help Made Simpler and Help Made Simple shall:
6.2.1 endeavour to introduce a replacement Home Helper to the Householder; and
6.2.2 issue the Householder with a refund or credit for any period that the Householder is without a Home Helper following the Householder's notification of the same, save to the extent that by agreement with the Householder the replacement Home Helper provides additional services to compensate the Householder for services not received by the Householder during the period when there was no Home Helper retained. In such circumstances, the Agreement shall continue unaffected and all of the terms shall continue to apply.
6.3 In the event that a suitable replacement Home Helper cannot be found and introduced to the Householder, then termination under Clauses 9.1 and/or 9.2 may apply.
6.4 In performing its obligations under this Agreement Help Made Simpler and Help Made Simple shall use its reasonable care and skill.
7. INSURANCE
7.1. In respect of each Home Helper introduced by Help Made Simpler and Help Made Simple and retained by the Householder, Help Made Simpler and Help Made Simple shall provide Public Liability insurance.
7.2. The limit of the cover of the Public Liability insurance shall not exceed more than £2,000,000. Neither Help Made Simpler and Help Made Simple nor its insurers shall be liable for the first £50 of any claim nor for any claim of £50 or less in value. However, where Clause 8.2 applies, Help Made Simpler and Help Made Simple may also be liable for the first £50 of any claim
7.3. The Householder shall have adequate insurance cover in place against liabilities to the Home Helper and shall produce to Help Made Simpler and Help Made Simple a copy of the appropriate insurance policy and certificate if so requested by Help Made Simpler and Help Made Simple. (This may be in the form of a general household insurance policy.)
7.4. The Householder shall not be covered by Help Made Simpler and Help Made Simple’s insurance policy in the following circumstances:
7.4.1. where the Home Helper is not introduced by Help Made Simpler and Help Made Simple
7.4.2. where the materials or equipment used by the Home Helper are not provided directly by the Householder;
7.4.3. where the terms of this Agreement are otherwise breached.
7.5. No claims for bleach damage shall be accepted.
8. LIABILITY
8.1. Subject to Clause 8.2 below, Help Made Simpler and Help Made Simple shall not be liable for:
8.1.1 any loss or damage in excess of the limit of its Public Liability insurance cover or outside the scope of its cover, as described in Clause 7;
8.1.2 any losses incurred by the Householder as a result of any failure of a retained Home Helper to comply with his or her contractual obligations under the Contract for Services for whatever reason;
8.2. Nothing in this Agreement shall affect the statutory rights of the Householder as a consumer.
9. TERMINATION
9.1. Help Made Simpler and Help Made Simple may terminate the Agreement at any time by giving not less than one calendar month's notice in writing to the Householder. In such circumstances, the balance (if any) of the Retainer for the period after expiry of the notice shall be refunded to the Householder. Clauses 9.5 - 9.7 shall continue to apply.
9.2. The Householder may terminate the Agreement to take effect at any time after the initial 4 week period by giving not less than one calendar month's notice in writing to Help Made Simpler and Help Made Simple. In such circumstances, the balance (if any) of the Retainer for the period after expiry of the notice shall be refunded to the Householder unless expiry of the notice falls within the initial period in which case the Agreement shall terminate immediately after the initial period and without refund. If for whatever reason the initial payment has not been made to Help Made Simpler and Help Made Simple at the time the Householder serves notice of termination, the Householder shall remain liable to make such payment to Help Made Simpler and Help Made Simple. Clauses 9.5 - 9.7 shall continue to apply. (The provisions of this Clause 9.2 do not affect the rights of the Householder in respect of cancellation as set out in Clause 10.)
9.3. Notwithstanding Clause 9.1, where the Householder has committed a serious breach of the terms of the Agreement, Help Made Simpler and Help Made Simple is entitled to terminate the Agreement immediately on written notice to the Householder, and, where applicable, Help Made Simpler and Help Made Simple shall take further action in connection with the said serious breach. Clauses 9.5 - 9.7 shall continue to apply
9.4. Notwithstanding Clause 9.2, where Help Made Simpler and Help Made Simple has committed a serious breach of the terms of the Agreement, the Householder is entitled to terminate the Agreement immediately on written notice to Help Made Simpler and Help Made Simple. In such circumstances, the balance of the Retainer for the remainder of the then current month shall be refunded to the Householder. In these circumstances, the remainder of this Clause 9 shall not apply to the Householder. (with the exception of point 9.5)
9.5. For a period of twelve months following termination of the Agreement for any reason, the Householder shall not engage, directly or indirectly, as an employee, contractor, agent or otherwise any Home Helper who has been introduced by Help Made Simpler and Help Made Simple to the Householder. If the Householder does so engage a Home Helper in contravention of this Clause, then Help Made Simpler and Help Made Simple shall institute proceedings against the Householder to recover damages and costs.
9.6. Where the Householder cancels the Standing Order Mandate without giving one calendar months’ notice to Help Made Simpler and Help Made Simple in writing, Help Made
Simpler and Help Made Simple reserves the right to charge the Householder for any reasonable expenses incurred in respect of that cancellation in addition to any outstanding fee that remains due and payable plus interest.
9.7. It is the responsibility of the Householder to ensure that the Standing Order Mandate paying the Retainer to Help Made Simpler and Help Made Simple is cancelled by the Householder's bank upon termination of the Agreement. Payments received for any period after the Agreement has terminated shall incur an administration charge of up to a maximum of £25, the actual amount to be the costs and expenses incurred by Help Made Simpler and Help Made Simple in returning any such payment.
10. CANCELLATION
10.1. IMPORTANT NOTICE: Please refer to the Notice of the Right to Cancel which forms part of this Agreement. The following provisions of this Clause are in addition to, and shall not affect, the statutory rights of the Householder as a consumer.
10.2. The provisions of Clauses 9.5 to 9.7 shall apply on cancellation of the Agreement under this Clause.
10.3 The provisions of Clause 10.2 shall not apply if the Householder terminates the Agreement in response to a serious breach by Help Made Simpler and Help Made Simple
11. GENERAL
11.1. Unless expressly stated otherwise, all representations, rights and obligations entered into by persons named as the Householder overleaf, if more than one, are given or entered into jointly and severally by each of those persons. Accordingly Help Made Simpler and Help Made Simple may take action against any one or more of such persons and may release or compromise the liability of any one or more of such persons without affecting the liability of the other(s).
11.2 If any provision of this Agreement shall be found to be void, invalid or unenforceable, whether by a court of law, agreement of the parties or otherwise, the remainder of this Agreement shall remain in full force and effect notwithstanding any such invalidity, illegality or unenforceability but the provision in question shall be deleted.
11.3. The Householder agrees to Help Made Simpler and Help Made Simple passing its non-financial personal data to Help Made Simpler and Help Made Simple Limited who may use it for administrative purposes only. Such data shall not be used by Help Made Simpler and Help Made Simple Limited for marketing purposes nor shall it be passed to any third party unless required to do so by law.
11.4. Any notice under this Agreement shall be in writing and (with the exception of the Notice of the Right to Cancel) shall be effective on actual or deemed receipt. Notice shall be given by personal service or by first class prepaid mail or by e-mail and shall be addressed to Help Made Simpler and Help Made Simple or to the Householder, as appropriate, at the addresses stated overleaf. Either party may, by written notice to the other, change the address to which notices to it may be sent. Deemed receipt shall occur in the case of personal service or e-mail on delivery and in the case of first class prepaid mail on the second working day after posting.