Zest Concierge - Virtual Assistant in Bath

Terms & Conditions

In this agreement “we” and “ours” refers to Zest Concierge Limited whose main office is at 19 Hazel Way, Bath. BA2 2DX,
“Agreement” means the attached Agreement setting out what we will do for you and the payment terms.
“Our tasks” means the provision of those services we have agreed with you to do ourselves that are listed in the Agreement attached in Schedule A,
“Preferred Supplier” means a supplier whose ability, qualifications and insurance to carry out the services have been researched and approved by us
“Services” means the services listed in the attached Agreement which you have engaged us to obtain on your behalf by a supplier.
“Supplier” means a third party eg plumber, which is chosen by you and we have engaged on your behalf to carry out services at your request
“You” refers to the Customer

1. Services

We have agreed with you to undertake the Services set out in the attached Agreement. Some of these Services may be done by us others may be done by either our Preferred Suppliers or Suppliers. If you wish to add to those Services then please notify us and we will add the Services to the Agreement attached as Schedule A.

Where the Service you require is carried out by a Preferred Supplier then we will appoint the supplier on your behalf but can agree the appointment and fees with you before their instruction if you request.

There will be instances where we will source a Supplier for you and you will then contract direct with that Supplier and agree their fees etc.

Our list of Preferred Suppliers belongs to us and you must not go direct to them but should always go through ourselves. If you do go direct then we reserve the right to claim any monies we may have earned from the instruction from you.

2. Duration

This agreement will commence on the date you sign the attached Agreement and will continue unless either of us gives a months’ notice in writing to the other.

3. Warranties

If we source a Prime Supplier for the Services we shall use all reasonable effort to ensure that they are qualified, competent and will charge a reasonable fee.

Any work that we carry out ourselves for you will be done with reasonable professional skill and care.

4. Payment

Our charges are set out in the attached Agreement.

VAT at the standard rate applying at the time of our appointment will apply in addition to the fees quoted.

Payment of the Preferred Suppliers or Suppliers fees will be payable by you direct to them unless we agree otherwise between us.

Our invoices are payable within 14 days of issue. If the payment is later than that time then we shall be entitled to charge interest on the amount due at a rate of 2% pa above the HSBC Bank plc base rate.

5. Hours and Access

Our office hours are 8.30 am – 5.30 pm. If you require our services outside these hours then the hourly rate will be at a different rate to be agreed.

If you require us to carry out work or require work to be carried out by a third party at premises under your control then you will agree to give us or the third party reasonable access to those premises in order to carry out the work.

If the consent of a third party is required for any access then you agree to use reasonable endeavours to obtain that consent.

6. Limit of Liability

We shall not be liable for any damages, fees, costs or expenses for any act whether a breach of contract or negligence carried out by a Preferred Supplier or Supplier under this agreement where the loss was incurred as a result of an act done by that Preferred Supplier or Supplier.

We shall also not be liable for any damages, fees, costs or expenses incurred a result of your actions.

We shall be liable for any damages, fees, costs or expenses that arise directly from any breach of contract or negligence on our behalf but shall not be liable for any increased costs or expenses or for any loss of profit, business, contracts, revenues, or anticipated savings, or for any special, indirect or consequential damage of any nature whatsoever.

We shall not be liable to you if any document bought 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 (eg theatre) as genuine although we will make every effort to ensure the ticket is genuine and is purchased from a reputable seller.

7. Termination

Either of us can terminate this agreement with one months’ written notice.

If you terminate the agreement you shall be due to pay us any costs we have incurred by e.g. payment to a third party or purchasing tickets prior to the date of termination.

8. Confidentiality

We shall keep all information we obtain about you secure and confidential and shall not disclose it to anyone without your consent.

Consent shall be implied where you have authorised us to appoint or source a third party to carry out work for you.

9. Rights Of Third Parties

The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.

10. Whole Agreement

These Terms and Conditions and the attached agreement constitutes the entire agreement between the parties in relation to its subject matter and supersedes all prior discussions, representations and undertakings in connection therewith which are hereby excluded. Nothing in this Agreement shall operate so as to exclude liability for fraudulent misrepresentation. This Agreement may not be modified or amended except in writing signed by both parties.

11. Jurisdiction

This agreement will be interpreted in accordance with English Law and both parties agree to submit to the non-exclusive jurisdiction of the English courts.