Locally We Do Ltd… Terms and Conditions
PAGE OF CONTENTS
1) SERVICE DELIVERY
2) COST
3) PAY AS YOU GO
4) SUPPORT PACKAGES
5) CHARGES
6) INITIAL BOOKING
7) COOLING OFF PERIOD
8) STANDARD OF WORK PERFORMED
9) GUARANTEE FOR WORK
10) QUALITY OF MATERIALS AND SUPPLIER RECOMMENDATIONS
11) HEALTH AND SAFETY
12) COMPLAINTS, REPARATIONS AND ENGAGEMENT OF GUARANTEE
13) CANCELLATIONS
14) LWD RIGHTS TO CANCEL
15) LWD ODS
16) CLIENT CRM
17) DATA PROTECTION
18) MARKETING AND MEDIA
19) HYPERLINKS
20) CONSUMER RIGHTS ACT
21) ELECTRONIC SIGNATURE REGULATIONS
22) DISCLAIMER / LIMITATION OF LIABILITY
23) COPYRIGHTS, TRADEMARKS AND PROPRIETARY RIGHTS
24) HOW WE USE COOKIES
APPENDIX
1) SERVICE DELIVERY
i. Terms of the agreement:
ii. In this agreement, Locally We Do…Ltd / Locally We Do… / LWD - herein, the Supplier engages with you, herein, the Client, to perform the agreed task(s) exclusively under the terms set herein.
iii. Any work instructed to be carried out within 14 days of booking/instruction waives your right to the stipulated cooling off period.
iv. Any booking or payment made confirms your acceptance of our Terms and Conditions.
v. The work the Supplier or their personnel will perform in the allotted time is based on the conditions and size of the task requirement. The supplier will attend and start work at the times agreed and on, or between the dates agreed but at mutual convenience. The client must communicate rearrangements or short notice rescheduling as soon as these become known.***
vi. The Supplier (LWD) holds adequate Public and Employer's Liability insurance.
2) COST
i. Our services are charged by the hour, either on a Pay As You Go or as a 10 Hour Support Package basis.
ii. Both payment options above are charged per hour per person.
iii. We will work on the agreed task in the service area specified including any time spent toward the completion of the task which is also chargeable and included in the total hours charged/deducted -i.e., shopping trips, waste disposal trips, etc.
3) PAY AS YOU GO
i. Payment will be due on completion of each day's work for the total time each member is on task and payable by cash.
4) SUPPORT PACKAGES
i. Support Packages are valid for 12 weeks from the date of purchase and non-refundable*. Any unused hours will expire and become null and void at the end of the 12 weeks*.
ii. Support Packages are payable in advance at point of booking, with additional packages payable a minimum of one week before Package hours are used up. Any additional hours needed to complete the agreed task will be chargeable at the package rate per hour per person with the balance payable immediately upon completion of the task.
iii. Packages can be used in one visit or multiple visits as required for the task or support needed within 12 weeks from the date of purchase.
iv. LWD offers a choice of payment options that include; Bank Transfer, Cash, Cheque and Standing Order. LWD does not keep or store any of your payment details. Standing order payments are calculated according the average hours used over a 4 week period, monitored and adjusted according to any variation of hours done. LWD must receive 4 weeks notice from the Client if any change is required to the agreed payment amount.
5) CHARGES
i. Labour is charged per hour per person and may be subject to change at LWD's discretion. All charges are inclusive of VAT where applicable.
ii. Multiple team members may attend on booked visits* but will still work to a combined, booked and agreed time which will not incur any additional cost**.
iii. Any sourcing or collecting of materials and equipment including travel time required will be chargeable**.
iv. Travel time for errands, appointments and social trips is included in the hourly charge.
v. Charges are calculated on actual time spent on each task and will be rounded to the nearest 15-minute interval for the total team's combined duration on the task.
vi. Rounding should not exceed 30 minutes in the Clients favour so LWD reserves the right to periodically clawback relevant minutes where applicable.
vii. Staff breaks and personal calls will be deducted from the hours charged in 5-minute increments.
viii. Any costs or expenses on top of labour are at an additional charge and are payable upfront or as and when required, to include, but not limited to: shopping, car parking, social trips, appointments, materials, equipment and waste disposal.
ix. Any delivery charges for goods or materials will be included in the overall charges.
x. All cleaning clients will be required to purchase our Cleaning Kit. The kit will remain in the Clients' property and will be used by our staff each visit. The products included in the cleaning kit meet our COSHH requirements. The usage of the products will be monitored any replacement products to re fill the kit when used will be charged accordingly on the next payment due.
xi. Any specialist cleaning treatments will have an additional charge. i.e mould & mildew treatment, Oven cleaner, Limescale treatment etc.
6) INITIAL BOOKING
i. Package payments are payable in advance by bank transfer or cash on arrival on the first visit.
ii. Tasks needing more than 20 hours combined labour require a 10-hour Support Package payment as a booking deposit and is non refundable***. This payment will mean that the supplier & Client have entered into an agreement according to LWD's Terms and Conditions.
iii. Pay As You Go Clients will be contacted with a mutually agreed start date, and once our staff have arrived the supplier and Client have entered into the terms set in this agreement.
iv. Job bookings are secured/confirmed upon receipt of agreed deposit, including materials costs.
v. Any larger tasks or jobs that are spread over several days will require a settlement payment on completion of each day's work.
vi. Before a Client or task is taken on, a free no obligation assessment visit will have to be carried out to discuss the support or work required and estimate the relevant costing as LWD does not quote per job.
vii. Essential to note: Clients must advise LWD of any allergies or intolerances to odours and chemicals in advance of their first visit.
viii. No job assessment will be valid for more than 28 days unless agreed otherwise with LWD and only the LWD office can confirm actual pricing or charges.
ix. Prices will change to account for inflation and other rises as deemed by Locally We Do... Ltd.
x. Please note all prices shown or quoted are inclusive of VAT where applicable.
7) COOLING OFF PERIOD
i. Under the terms of the Consumer Rights Act 2015, you have the right to cancel within 14 calendar days starting on the date you agree/sign the contract, during which time you may cancel the agreement/contract without paying a penalty. This is known as the 'cooling off period'. The law that governs the length of 'the cooling off' period is the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015.
ii. If you decide to cancel the agreement with us within 14 days of instruction before any work has commenced, we will reimburse to you all payments for labour received from you, including where applicable, any deposit paid to us.
iii. However, an exemption applies if you have specifically requested us to carry out urgent repairs or maintenance or start within the 14-day cooling-off period.
iv. This exemption does not apply to other goods or other services provided at the same time by other suppliers, which themselves retain a cancellation right from their manufacturer or provider.
8) STANDARD OF WORK PERFORMED
i. The work will be performed to reasonable standards.
ii. The supplier will send the operatives by way of skill level for the task required and cannot guarantee specific staff per Client. Operatives may be different per visit dependent on staff availability. New starters will be teamed up with more experienced staff until fully trained to LWD standards.
iii. All Operatives have basic Health and Safety training and do have specific role parameters they have to adhere to which are set through LWD Policies.
iv. Clients must NOT and should NOT intervene or give direct and specific job execution instructions or changes of any nature, supply tools, keys or draw job plans/method statements to supplier operatives without the LWD Offices' prior agreement. Any such intervention will void any warranty and the above standard will not be applicable.
v. Clients should specify the job required and allow the operative(s) to execute the task to the best of their knowledge and abilities. Only LWD retains the right to control its operatives. Any warranty will be void and the Client will be in breach of agreement/contract if this condition is disregarded, not met or is breached intentionally or recklessly.
vi. The Client must and should stop the execution of the job at the moment they realise something is wrong and contact the LWD Office immediately to advise and agree how best to move forward. This includes suspicion that the end product will be compromised, or Health and Safety breached.
9) GUARANTEE FOR WORK
i. All work is guaranteed only to the Standards specified herein and is only valid within a relevant/reasonable amount of time from completion of the task. Clarification should be obtained from the Supplier as to the guarantee for each task.
ii. Any activity undertaken by the Client that affects in any way any work carried out by the Supplier will void any and all guarantees from the Supplier.
iii. In any case no guarantee shall extend over more than 3 months from the date of task execution.
iv. Any guarantee for work completed by the Supplier will be covered up to the value paid for the job.
v. Tasks must be paid in full for any guarantee to be activated, non-payment will invalidate any guarantee.
10) QUALITY OF MATERIALS AND SUPPLIER PURCHASES
i. Any goods, materials or equipment purchased on behalf of the Client(s) or purchased directly for themselves (from any of the LWD ODS online shops) or for LWDs operatives to use are covered by the manufacturer's/ the supplier's guarantees, to be of reasonable standards and fit for purpose. Any warranties/guarantees are directly between the Client and manufacturer and are not guaranteed in any way by LWD. Any problems, breakages or repairs with goods or materials will be dealt with between the Client and manufacturer/supplier directly, unless LWD is instructed by the Client to deal with the issues on their behalf which will be chargeable at LWD`s relevant hourly rate.
ii. Customer provided materials will not be used without LWD's prior agreement as these can increase the amount of labour to complete the task and may impact the quality of work done which may affect the LWD warranty.
iii. Materials supplied will be UK or EU quality standard, sourced from local or national traders and are warranted as such. These will be sourced with input from the Client. No warranty given implies free labour to remove or exchange a faulty product unless the fault is caused by LWD (operatives).
iv. The supplier recommends any materials, tools and/or equipment used to be of UK/EU standard, marked accordingly, where possible bearing the CE or BS equivalent marks. Where alternative equipment that bears said marks is available, this will be preferred. Supplier's recommendations are always limited to context and not instructions or mandatory in any way. Clients or others assume full responsibility for acting on recommendations.
11) HEALTH AND SAFETY
i. The Client is obligated to notify the Supplier of any hazards, risks and/or dangers on the property and/or in its vicinity that can affect the Supplier or their personnel at any time. This must be notified at point of booking so the Supplier can make any relevant decisions and take any necessary actions in preparation for the task before attending the Clients address.
ii. The Client must turn off and isolate any and all sources of energy that can present danger, risk or hazard to the Supplier or their personnel and notify the Supplier that this has been actioned.
iii. The Client must ensure that themselves and/or any members of their household, friends, visitors and/or family as well as pets, keep a reasonable distance from the work in progress and equipment. Access and egress must always be kept adequately clear.
iv. The Client must also notify the Supplier of any dangers, hazards or risks the work activity may introduce due to specific conditions (i.e., electrical wires in the work area, holes, trenches, pits, chemicals, etc).
v. The Client must agree that the Supplier or their personnel can use all necessary equipment and number of staff, as the job requires. In any case, interruption of the job during performance does not stop charges being incurred with the full amount of booked time being payable if the Suppliers work is stopped by the Client on the day unless in case of emergency.
vi. The Supplier must be allowed to inspect any location beforehand where work is to be carried out including the access and egress for safety and assess any potential hazards.
vii. The Supplier or their personnel will stop work and charge for their time to a maximum of the full time booked, if hazards, risks or dangers appear that have not been notified.
viii. Any damage to equipment, property or accidents caused due to or where the Client has retained and not shared information unreasonably, shall be at the liability of the Client.
12) COMPLAINTS, REPARATIONS AND ENGAGEMENT OF GUARANTEE
i. The Supplier will always intend to execute jobs above the standards set herein, but we are aware that, at times, issues may arise that can engage our guarantee. In these cases, the Client agrees to start by raising a complaint verbally in the first instance by ringing into the LWD Office within 48 hours of job completion and must also be received in the LWD Office in writing within 5 working days of job completion.
ii. The Client agrees to allow the Supplier up to 2 working days once a complaint has been received (unless otherwise mutually agreed) to establish contact and engage in mediation before rectifying the issue by any other means. The Supplier will visit the Client to assess the complaint so as to make an initial remedial offer within a maximum of 3 working days (unless otherwise mutually agreed).
iii. The Client will forfeit any guarantee on any work done and/or relating to any claim or complaint where another supplier has been asked to or performed any work before the Supplier`s (LWD`s) initial remedial offer.
iv. Irrespective of claim, the Client agrees that reparations will be limited to the value of the individual job unless a claim on insurance is relevant.
13) CANCELLATIONS
i. Cancellations of bookings are accepted charge free if notified to the Supplier by telephoning the LWD Office no later than 24hrs before the day of the booking. Any cancellation made less than 24 hours before time of booking will result in a charge of half of the booked time. Any cancellation made on the day of the booking will incur the full charge of the time booked.*
14) LWD RIGHTS TO CANCEL
i. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, a consumer usually has the right to cancel a distance contract or off-premises contract without giving a reason, and without any fault on your part (see Regulatory requirements for consumer contracts for an explanation of distance and off-premises contracts). The consumer must exercise this right during the cancellation period (or 'cooling-off period') specified in the regulations.
ii. There are some types of contracts where the consumer doesn't have this right. (See Regulatory requirements for consumer contracts for more information). The cancellation right doesn't apply where you're selling to other businesses.
iii. Consumers are given these enhanced cancellation rights in distance selling and off-premises contracts because consumers don't have the chance to adequately assess what they're buying beforehand. They have to take suppliers at their word and would otherwise be at risk of being exploited by dishonest suppliers. If you sell goods or services in this way, it's important to know about your responsibilities and how the regulations affect you.
iv. The cancellation period during which the consumer is entitled to cancel the contract is extended if you don't provide the pre-contract information in relation to cancellation rights specified by the regulations. (See Information requirements in consumer contracts for more information).
15) LWD ODS (ONLINE DEPARTMENT STORE)
i. By accessing any of our online shops through our LWD Online Department Store (LWD ODS) you are agreeing to be bound by the independent online shop's Terms and Conditions (i.e. Shopify, Etsy, Oriflame etc). Their full Terms and Conditions can be found on the relevant individual website.
ii. Any damages, issues, faults and returns of products are to be dealt directly with the relevant individual shop.
iii. LWD ODS is just a facility to allow Clients access to a variety of independent online shops.
16) CLIENT CRM- HEARTBEAT
i. LWD operates its very own Customer Relationship Management (CRM) system that we grant you a non-exclusive, non-transferable licence to use the Software subject to these terms and conditions and limited to the time agreed between us.
ii. We licence you to use the Software for your internal Client relevant purposes only.
iii. We have the right to grant you this licence and are not transferring any rights of ownership, copyright or other intellectual property of the Software to you.
iv. You agree not to transfer the licence provided to you for our software, to another Client, company or entity, unless by written agreement from LWD.
v. Should you ask us to modify our software to meet a specific need of yours, implementation of such changes may not be possible and if implemented we may choose to incorporate those changes into the core product*. Which we may then make available to other users.
17) DATA PROTECTION AND CONFIDENTIALITY
LWD works in accordance with the Data Protection Act 2018 as per details shown below.
i. Unfortunately, no data-transmission over the Internet is guaranteed to be 100% secure. We cannot assure or guarantee the security and protection of information sent by you over the Internet, and any information you transmit to us is at your own risk. Nonetheless, any information we may receive from you will be maintained and used by us in accordance with our GDPR Policy, and in a manner that protects and safeguards your privacy.
ii. Your privacy as well as the protection of all of your personal information is vitally important to us. We undertake to safeguard them by exercising reasonable care and using reasonably available means.
iii. The Data Protection Act 2018 controls how your personal information is used by organisations, businesses or the government.
iv. The Data Protection Act 2018 is the UK's implementation of the General Data Protection Regulation (GDPR).
v. Everyone responsible for using personal data has to follow strict rules called 'data protection principles. They must make sure the information is: used fairly, lawfully and transparently used for specified explicit purposes, used in a way that is adequate, relevant and limited to only what is necessary, accurate and, where necessary, kept up to date kept for no longer than is necessary handled in a way that ensures appropriate security, including protection against unlawful or unauthorised processing, access, loss, destruction or damage.
vi. Please see the Data Protection Act 2018 by clicking the link below:
18) MARKETING AND MEDIA
i. By booking our services and thereby agreeing to our Terms and Conditions you are giving us permission to use photographs, videos, testimonials and written articles for our marketing purposes which may include but not be limited to our website, social media and possible press releases maintaining your anonymity in accordance with our GDPR policy.
ii. LWD will only use photographs and video footage of any Clients with their prior consent.
iii. LWD in standard practice will take before, in-process and after photographs and or videos whilst on site.
iv. LWD reserves the right to use an external source to carry out the above with our Clients prior consent.
v. LWD reserves the right, at its sole and absolute discretion, to terminate and/or otherwise limit access to all or part of these sites and/or its contents as it deems fit, with or without notice.
vi. We reserve the right to contact you, by electronic mail, telephone, post or any other reasonable means for the purposes of ascertaining your identity, clarification of your requested order, discussing any credit and payment terms, verification of your desired delivery address and means by which you prefer delivery to be made, and for any other purpose which may be related to your order.
19) HYPERLINKS
i. Our site may provide links to other websites or resources. Since we cannot be responsible for such other sites and as we have no control over any of these other sites, including but not limited to their contents, you hereby acknowledge and agree that LWD is not, and will not be held responsible for such other sites, including without limitation their availability, contents, the type of services they offer, the advertising and/or products contained therein, and their form. You also acknowledge and agree that we are not, and will not be held liable or responsible, directly or indirectly, for any damage and/or loss, whether pecuniary or not, caused or alleged to be caused by or in connection with use of, or reliance on, any such contents, goods or services available on or through any such other site/s or resource/s.
ii. You further acknowledge that LWD is not and will not be held liable or responsible for the accuracy, the legality, the decency, the copyright, the compliance, the availability of any materials included in or referred to in these other sites, or any other aspect of the content of such other sites. The inclusion of such links does not imply endorsement of the site by LWD or any association with the operators of such sites and resources.
iii. Without deviating from the generality of the stated above, you specifically undertake and agree not to create any direct or indirect links to our site without obtaining our previous written consent.
20) CONSUMER RIGHTS ACT
i. LWD works in accordance with the Consumer Rights Act 2015 details shown below.
ii. Consumer law changed on 1 October 2015, as the Consumer Rights Act came into force. The changes cover:
iii. what should happen when goods are faulty, unfair terms in a contract, what happens when a business is acting in a way which is not competitive, written notice for routine inspections to be given by public enforcers, such as Trading Standards, greater flexibility for public enforcers to respond to breaches of consumer law, such as seeking redress for consumers who have suffered harm.
iv. As well as these changes there are 2 new areas of law covering: what should happen when digital content (e.g. online films, games, e-books) is faulty - the act now gives consumers a clear right to repair or replacement, how services should match up to
v. what has been agreed, and what should happen when they do not or when they are not provided with reasonable care and skill (e.g. giving some money back if it is not practical to bring the service into line with what was agreed).
vi. Please see the Consumer Rights Act 2015 by clicking the link below:
21) ELECTRONIC SIGNATURE REGULATIONS
i. LWD makes use of electronic documents that require you to provide your electronic signature which is legally binding.
ii. By instructing our services you are agreeing to provide your electronic signature as and when required.
iii. You agree to read any relevant document when required and fill it out accurately and completely.
iv. Please see the Electronic Signature Regulations by clicking the link below:
22) DISCLAIMER / LIMITATION OF LIABILITY
i. Although we use reasonable efforts to include accurate and up-to-date information on our website, LWD Online Department Store (LWD ODS), our social media platforms and our CRM system to enable smooth and safe operation of this site, we do not guarantee, nor do we make any presentations or representations whatsoever as to this site with respect to its accuracy and/or quality and/or suitability and/or timeliness and/or accessibility and/or availability and/or completeness and/or reliability and/or correctness of the information or of any part thereof, or of the products, or of any other materials and/or services through this site (hereinafter: "the contents").
ii. We do not guarantee or represent that our website, LWD Online Department Store (LWD ODS), our social media platforms and our CRM system and/or the contents included in it is/are or will be available at any particular time or location; nor do we assure that any defects or errors will be corrected or that the contents are free of viruses or other harmful components. As the contents are provided without warranties of any kind, either express or implied, you should not rely upon any of the contents as defined above. We offer these sites and their contents as defined above on an "as is, as available" basis, and you may use it subject to all terms of use and at your own risk.
iii. LWD, its affiliates, subsidiaries, employees, distributors, directors, and agents are not and shall not be liable for any errors or omissions or inclusion of any material in the contents or in supply or delivery, or for any form of loss or damage whoever defined (including without limitation any pecuniary, special, direct, indirect, consequential, incidental, foreseeable, unforeseeable and/or exemplary damages), that may result from, or that otherwise may be related to these sites or to their contents or non-infringement with respect to the services and/or to the contents and/or to any issue that is or that may otherwise be related to this site. This exclusion applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, irrespective of whether LWD and/or any of its affiliates have been advised of the possibility of such damage or loss.
iv. You expressly agree that no guarantee that is not specifically stated in this agreement will be claimed or otherwise adhered to by you, nor will such a guarantee be valid. Since some jurisdictions do not permit the exclusion or limitation of different types of damages, LWD'S maximal liability in such jurisdictions shall be limited to, and shall not exceed the minimal extent of liability stipulated and/or permitted by law in such jurisdictions.
23) COPYRIGHTS, TRADEMARKS AND PROPRIETARY RIGHTS
i. The information contained and/or referred to in these pages, including but not limited to all patents, trademarks, registered trademarks, copyright, logos, trade names, drawings, pictures, designs, names, materials, contents, programming, databases of information, resources, links, descriptions of Internet resources and any other documents or details from which any proprietary and/or intellectual property right may emanate, is the sole and absolute property of LWD.
ii. Unless otherwise specifically stated and authorised in writing by us, no part of any such information may be duplicated, copied, reproduced, distributed, used to create derivative works, amended or otherwise used for any purpose, wholly or partially, without the prior written consent of LWD. Without deviating from the generality of the stated above, none of LWD names, patents and trademarks, whether registered or not, may be used without the prior written consent of LWD and in no event shall any of these be used in any way or manner which may be misleading and/or which may cause and/or which may lead to, any confusion.
iii. Under no circumstances is any license, permission, right or interest of any nature granted to anyone using these sites, nor does any purchase of any product, or consumption of any service from us, imply that you are in any way entitled to such rights.
iv. This notice refers to any page/s that are or that may be included in, and/or linked with the LWD Web site, irrespective of whether such pages are marked with Copyright © notice, Trademark notice™, or registered trademark notice ®. The receipt of this HTML page, or any other page in which a link to this page exists, shall be considered as acceptance of these conditions without any reservations.
24) HOW WE USE COOKIES
i. A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added, and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
ii. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
iii. In order to deal with our electronic documents and signatures your web browser must be configured to accept cookies.
APPENDIX
* at LWD's discretion
** Unless prior agreement with LWD
*** Cancellation charges may apply