Terms and Conditions

 

1. Definitions

For the purpose of this Agreement:

1.1          The Term “Lushlives” means the Company details being 42 Dewchurch Drive, Sunnyhill, Derby;

1.2          The term “Householder” means the Householder whose details appear overleaf, and the singular term shall be deemed to include the plural where applicable;

1.3          The term “Representative” means the Lushlives Representatives appointed by the Company to perform such services as agreed;

1.4          The term “Retainer” shall mean the payments stated overleaf to be made by the Householder to Lushlives;

1.5          The term “Website” means the website at www.lushlives.co.uk operated by Lushlives;

1.6          The term “Sign-up Fee” means the payments stated overleaf for the initial sign-up for on-going services made by the Householder to Lushlives.

The Householder agrees that any use of the Lushlives services, including placing an order for services by telephone, fax, email, website forms shall constitute the Householder’s acceptance of these Terms and Conditions

 

2. Entering into Service Agreement

2.1          Lushlives shall introduce a Lushlives Representative to the Householder subject to the terms and conditions of this Agreement, to provide the hours of work and service specified.  Note that number of hours and/or changes to the number of hours shall affect payment of the Retainer to Lushlives as well as the payment to the Lushlives Representative.

 2.2          The Householder shall pay Lushlives the (i) One Off Sign- up Fee and the (ii) Retainer for the introduction of the Lushlives Representative and ongoing management for the duration of the Agreement.

2.3          This Agreement will be for a minimum initial period of twelve (12) weeks as from the date of signature and shall continue thereafter on a rolling monthly basis.

 

3. Sign-Up Fee and Retainer Payment to Lushlives

 3.1          The Householder shall sign, and return to Lushlives, the standing order mandate authorising payment of the Retainer, as specified overleaf,  to be made from the Householder’s bank to Lushlives monthly in advance. Retainer charges are calculated on a per-hour basis (part hours being charged to the next higher full complete hour).  Such payments shall continue until the Agreement is terminated either by Lushlives or the Householder.  Any change to the amount of hours being worked by the Lushlives Representative must be reported and the value of the standing order shall be adjusted accordingly.  A change in retained hours downwards in the initial twelve weeks will not result in a reduction in charge.  Any upward change at any time will result in an increase in retainer charges.

3.2          The payment of the Sign-Up Fee for on-going services for the initial period is payable on signature of the Agreement for services specified as continuing services. However, Lushlives shall not forward the standing order mandate for future payments to the Householder’s bank until after a Lushlives Representative has been retained by the Householder.  This Sign-Up fee does not apply for all services and as such will be added to Annex A if applicable.

 

4.            Lushlives Obligations

4.1          Lushlives shall introduce a Lushlives Representative to the Householder to conduct the services.

4.2          Should the Householder be dissatisfied with the level of service offered by the Representative and notifies Lushlives that they wish the Representative to be replaced, then Lushlives shall:

 4.2.1       Seek to remedy the situation by introducing a replacement Lushlives Representative to the Householder; and

 4.2.2       Issue the Householder with a refund or credit of the Retainer for any period that the Householder is without a Lushlives Representative following the Householder’s notification of such an event.

4.3          Lushlives shall perform its obligations under this Agreement with reasonable care and skill.

 

5. Householder Obligations

5.1          The Lushlives Representative is introduced to the Householder as a self-employed Lushlives Representative and the Householder shall retain the Lushlives Representative under a Contract for Services.

5.2          The Householder shall agree with the Lushlives Representative directly what services are to be performed by the Lushlives Representative, and such services shall form the basis of the Lushlives Representative’s obligations under the Contract for Services.  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 Lushlives Representative.

5.3          The Householder shall pay any Lushlives Representative retained by the Householder at the rate agreed in the Contract for Services and such fees shall be paid directly to the Lushlives Representative in accordance with that agreement.

5.4          The Householder shall provide a safe working environment for the Lushlives Representative at all times.

 

6. Insurance

6.1          In respect of each Lushlives Representative introduced by Lushlives and retained by the Householder, Lushlives shall provide Public Liability insurance.

6.2          The limit of the cover of the Public Liability insurance is no less than a minimum of £1,000,000. Neither Lushlives nor its insurers shall be liable for the first £100 of any claim nor for any claim of £100 or less in value.  However, where Clause 8.2 applies, Lushlives may also be liable for the first £100 of any claim.  Please note that our insurances do not cover for bleach damage or use of products containing bleach.

6.3          The Householder shall have adequate insurance cover in place against liabilities to the Lushlives Representative and shall produce to Lushlives a copy of the appropriate insurance policy and certificate if so requested by Lushlives. (This may be in the form of a general household insurance policy.)

 

7. Liability

7.1          Lushlives shall not be liable for any loss or damage in excess of the limit of its Public Liability insurance cover or outside the scope of its cover; any losses incurred by the Householder as a result of any failure of a retained Lushlives Representative to comply with his or her contractual obligations under the Contract for Services for whatever reason; failure of any retained Lushlives Representative to return keys and any loss that may arise as a result; collusion or theft of property or possessions by a retained Lushlives Representative.

7.2          Lushlives shall be liable to the Householder where Lushlives has not fulfilled its obligations to perform with reasonable care and skill under this Agreement or has failed to perform its obligations at all or to any significant extent; or for death or personal injury caused by its negligence (to the limits contained within insurances).

7.3          Nothing in this Agreement shall affect the statutory rights of the Householder as a consumer.

 

8. Termination

8.1          Lushlives may terminate the Agreement at any time by giving not less than (1) one calendar months’ 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.

8.2          The Householder may terminate the Agreement to take effect at any time after the initial twelve (12) week period by giving not less than one calendar (1) months’ notice in writing to Lushlives.  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 Lushlives at the time the Householder serves notice of termination, the Householder shall remain liable to make such payment to Lushlives.

8.3          Where the Householder has committed a breach of the terms of the Agreement, Lushlives is entitled to terminate the Agreement immediately on written notice to the Householder, and, where applicable, Lushlives shall take further action in connection with the said serious breach including but not limited to recovery of payments and costs if applicable.

8.4          Where Lushlives has committed a breach of the terms of the Agreement, the Householder is entitled to terminate the Agreement immediately on written notice to Lushlives.  In such circumstances, the balance of the Retainer for the remainder of the then current month shall be refunded to the Householder.

8.5          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 Lushlives Representative who has been introduced by Lushlives to the Householder.  If the Householder does so engage a Lushlives Representative in contravention of this Clause, then Lushlives shall seek to recover introduction costs set at £1000 together with costs of claiming back such monies.

8.6          Where the Householder cancels the standing order mandate without giving one (1) calendar months’ notice (following the initial period) to Lushlives in writing, Lushlives 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.

8.7          It is the responsibility of the Householder to ensure that the standing order mandate paying the Retainer to Lushlives is cancelled by the Householder’s bank upon termination of the Agreement.

 

9. Notice of Right to Cancel

Should the Householder serve notice of cancellation in accordance with the Notice of the Right to Cancel and the Householder has requested in writing that Lushlives should provide services during the cancellation period and agreed to be responsible for the costs of those services, Lushlives shall return the initial payment made less an administration charge of a sum not exceeding £50.  The actual amount to be the costs and expenses incurred by Lushlives in performing the Agreement up to that point.  If for whatever reason the initial payment has not been made to Lushlives the Householder shall pay such administration charge to Lushlives on request.

 

10. Amendments

Lushlives reserves the right to amend the terms and conditions of this Agreement, and shall inform the Householder of such changes by posting such changes to the Website, and/or sending or otherwise providing them to the Householder, not less than thirty (30) days before implementation of such amendments.

 

11. General

11.1        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 Lushlives or to the Householder, as appropriate, at one of 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.