- Get Living London Limited (“we”, “us” or “Get Living”) having its registered office at 6th Floor, Lansdowne House, 57 Berkeley Square, London, W1J 6ER (Company Number 07793925) any direct or indirect holding company from time to time of Get Living and any direct or indirect subsidiary from time to time of Get Living, or any direct or indirect holding company or subsidiary of any such holding company or any such subsidiary (and “holding Company” and “subsidiary”” shall have the meanings given to them in section 1159 of the Companies Act 2006);
- The person or entity who has engaged us to provide Services (“you” or “the Customer”).
DEFINITIONS AND INTERPRETATION
In this Agreement, the following words and phrases shall have the following meanings:
“Agreement” means any Order and these Terms;
“Business Day” means Mondays to Fridays (inclusive) but excluding bank or public holidays in England.
“Services” means Cleaning and Handyman Services
“Cleaning Services” – include standard cleaning services including end of tenancy cleans, but do not include laundry or specialist services such as rug cleaning.
“Handy Person Services” – includes light household services only including services such as:
- Building flat pack furniture
- Hanging pictures, putting up shelves, wall mounted TV etc
- Moving bulky furniture items
- Changing bulbs
- Facilitating Removal of bulky waste by local authority
- Unblocking sinks
- Appliance care
Our Handyperson Services do not extend to specialised services such as building, plumbing, electrician services and boiler care.
These terms also include terms defined within the relevant paragraphs.
1.1 Please note that these terms will not apply to any service provided to you as a consequence of, or pursuant to an obligation contained within, a term of an assured shorthold tenancy agreement or otherwise in connection with an assured shorthold tenancy agreement or any service which we may provide to you in compliance with statutory obligations imposed upon your landlord.
1.2 These terms and conditions along with any document setting out the scope or nature of the Services to be provided (which may be an email, written quotation, order or acknowledgement provided via our portal – together referred to in these terms as an “Order”) will together form the agreement between you and us (“the Agreement”).
1.3 The Services will comprise those services we have agreed to provide from time to time upon request by you and in respect of which you acknowledge you are under no obligation to request.
1.4 We reserve the right to refuse to carry out any Services if we have not received a written request via email but these terms will apply to any Services we have agreed to provide. A written Order shall not be a requirement for a binding agreement to come into force between us.
1.5 These terms and conditions may not be released discharged supplemented interpreted varied or modified in any manner except as agreed and put in writing signed by both parties.
1.6 To the extent any terms in the Order are contrary to any express provisions in these terms and conditions, the relevant provisions in the Order will prevail over these terms.
1.7 You are fully entitled to engage any other supplier of your choosing for the supply of the Services and you are under no obligation to engage us in respect of them.
1.8 Prior to proceeding to provide the services we may at our discretion seek approval from all parties named on the Assured Shorthold Tenancy Agreement.
2. The Services
2.1 We will provide the Services to you as confirmed with you or otherwise agreed by us, subject to the terms of this Agreement.
2.2 The Services will be carried out at your residential address or such other location as we may agree in writing (“the Property”).
2.3 We will carry out the Services with reasonable care and skill.
2.4 We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and we shall notify you in any such event.
2.5 We may provide repeat or regular Services.
2.6 You may request services in addition to the Services we have agreed to provide. We will provide such additional services at our discretion, such additional services shall be charged at our standard daily rates at the time (details of such rates can be provided on request).
2.7 We may provide some of the Services through third parties and subcontractors. Whether or not we sub-contract out any of the Services to third parties is at our absolute discretion and you shall not have the right to object to any third party providing the Services.
2.8 You agree to supply us with all necessary information which we reasonably require for us to be able to perform the Services. If you do not provide us with such information we will not be liable to you for any failure to carry out the Services as a result.
2.9 Where additional services are required from a specialist third party supplier these will be charged at cost plus a mark up of 10% to cover our time and administration costs. We will seek agreement from you to these costs in advance of commencing any services.
3. 1 For one-off Services we will agree a date with you for the provision of the Services, we may offer an indicative time but this time is indicative only and you will need to ensure that you are available to receive the Services throughout the day. If you wish us to complete any services whilst you are not in attendance, this must be confirmed in writing, as failure to do so may result in us cancelling the services and you may still be charged.
3.2 We may agree to provide Services on a regular basis. For the regular provision of Services on a weekly, bi-weekly or monthly basis, we will agree a date or day on which the Services are intended to be provided, however please note that the agreed date or day is not guaranteed and we may need to change the applicable date or day on which Services are provided.
3.3 We will endeavour to complete the Services within the estimated time period but any such timescales are estimates only, we cannot however guarantee to complete the Services within any agreed time periods and time is not of the essence.
3.4 The Services will be carried out between the working hours of 8am and 6pm on weekdays which are not UK Public Holidays. Subject to availability we may be able to provide out of hours Services, but such Services will be subject to additional charges.
4. Resident Obligations
4. 1 You agree that you shall co-operate fully with us in all matters relating to the Services. The provision of the Services within the agreed time is subject to your cooperation with us.
4.2 All areas in which we will be working must be kept clear, accessible, and ready for us to operate in.
4.3 Electricity, water and other amenities are to be provided at all times whilst we attend the Property.
4.4 You must provide all information that we may reasonably require for the purposes of carrying out the Services.
4.5 You will not, without our consent, at any time from the date of this Agreement until the expiry of twelve (12) months from the completion of the Services, solicit or seek to employ or engage any person who is engaged by us in the performance of Services for you.
5. Cleaning Services
5.1 Our cleaning services are charged in 30 minute bundles, the minimum bundle charged being 1 hour.
5.2 Cleaning materials will be provided by us, if you require us to use your solutions, products or equipment (“Bespoke Equipment”) then such Bespoke Equipment must be safe to use/operate, in full working order and must not require any special skills to be used for the purpose of cleaning. If any Bespoke Equipment is complicated to operate, you must provide clear and detailed instructions to the cleaner and confirm compliance under Control of Substances Hazardous to Health Regulations 2002 and Get Living’s Environmental Protection Policy.
5.3 The cleaner may refuse on reasonable grounds to use any Bespoke Equipment and if the cleaner agrees to use Bespoke Equipment then we will not be liable for any damage to the Bespoke Equipment nor for any damage arising from use of Bespoke Equipment, subject to clause 9.2.
5.4 We do not guarantee the removal of stains such as, rust, mildew or others caused by hard water build-up or lack of maintenance.
5.5 Please ensure that all areas are free of clutter.
5.6 Please inform us and your cleaner of any items or surfaces which require special care.
5.7 Furniture on wood floors is assumed to have proper protection.
5.8 We only clean windows and blinds that can be reached with a 3 step ladder.
5.9 Please ensure that there are no other builders, contractors or other tradespeople providing services while the Services are being provided. If you are having other work done in the Property while our teams are working might affect the cost and time needed to complete the Cleaning Services to your satisfaction.
5.10 No heavy furniture will be moved in the provision of the Cleaning Services.
6. Handyperson Services
6.1 We may agree to provide handyperson services
6.2 Where the provision of the Services will take more than one working day, we will, where reasonably possible, leave the Property in a clean and tidy state and minimise any disruption to your use and enjoyment of the Property while work is being carried out. We will, wherever possible, store all tools and materials only in areas where work is being carried out.
6.3 We may, at out discretion, deliver, or arrange for the delivery, of materials and/or equipment to the Property. These will remain our property at all times. Upon delivery you will take appropriate measures to ensure safekeeping of the materials and/or equipment.
6.4 Where any damage occurs to the work, our tools, equipment or materials at the Property in our absence, we may charge an additional fee in respect of this.
6.5 It is your responsibility to move or remove any personal property or effects from relevant areas of the Property before we start carrying out the Services in order to ensure that they are not damaged in any way as a result of us carrying out the Services.
7. Fees and payment
7.1 The fees payable by you to us in respect of the Services will be those set out in the Order (“the Fees”), the fees as set out on our website, agreed with you by telephone or in person, or as may be specified by us.
7.2 We will charge you for all Services provided by us at your request, including trials.
7.3 At our discretion, the applicable fees payable for Services provided may be set out and communicated to you via your Residents App and Portal account on or after the date of completion of the works. Payment must be made in advance of the Services being provided . Payment may be made via the Residents App and Portal.
7.4 Any Services undertaken by us for you are carried out on the basis that you have fully approved the applicable Services, whether or not we have issued or received a written Order, by allowing us to provide the Services at the Property you agree that you are responsible for payment of the
7.5 Unless otherwise expressly stated, all prices shall be in Pounds Sterling and shall be exclusive of VAT and other duties.
7.6 We reserve the right to adjust our prices at any time on giving not less than 14 days’ notice.
7.7 If any any sums are outstanding to us we reserve the right to immediately suspend the provision of any further Services without further recourse to you.
7.8 You will be liable to pay additional fees to us in such circumstances where we are required to provide alternative or additional Services or required to repeat the performance of Services already provided as a result of your actions or the actions of a third party who has also contracted to provide related services.
7.9 Payment shall be made to us without any deduction or set-off.
8. Cancellation and Refunds
8.1 A visit for the provision of Services on a one-off basis may be cancelled at any time up to 24 hours prior to the agreed date, if you cancel the provision of Services less than 24 hours prior to the agreed date or if the Services cannot be carried out on the agreed date because access is not available to the Property then a refund or a rescheduled service will be at Get Livings discretion
8.2 If you are engaging our Services as a domestic customer:
8.2.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel the Agreement 14 days after entering into it without giving any reason and without being liable for any payment (unless Services have already been provided).
8.2.2 Where the date on which we are to start providing the Services is within the 14 day cancellation period under the Consumer Contracts (information, cancellation and additional charges) Regulations 2013, you are expressly agreeing to the Services commencing within the cancellation period and you accept that you will be liable to pay an amount proportionate to those Services provided in the cancellation period.
8.2.3 If you wish to cancel this Agreement you should do this by sending a written notification of this to us (this includes by way of email) and you may use the cancellation form attached although you are not obliged to do so.
8.3 Please note that if you cancel the Services under clause 8.2 after we have started providing the Services, you will be liable to pay a proportionate amount in respect of those Services already performed.
8.4 The cancellation right above will not apply if you are engaging us in the course of business and are not a domestic customer. For the avoidance of doubt, you are not a domestic customer if the Assured Shorthold Tenancy Agreement is in a business name
8.5 We will not provide a refund for any Services provided, where those Services have been delivered save in the event of our negligence or material default.
8.6 If for any reason you are dissatisfied with any aspect of the Services you must notify us within 24 hours and we will seek to resolve the issue.
8.7 If we fail to attend the Property on the agreed date, or are otherwise unable to provide the Services, (other than by fault of the Recipient) then we will endeavour to rearrange a visit to provide the Services and if we are unable to do so then we will refund the sums paid in advance for that Service.
8.8 We will be entitled to terminate the Agreement (and any Services then being provided to you) on notice to you in the event that you fail to pay any invoice when due or you fail to co-operate with us in the performance of the Services; or
8.9 Either party will be entitled to terminate the Agreement if the other party is in material breach of their obligations under the
8.10 All terms of this Agreement which are capable of surviving termination will continue in full force and effect following termination of this Agreement.
9.1 You agree that our liability in respect of any loss under the Agreement with you shall be limited in accordance with these terms and conditions.
9.2 Nothing in this Agreement shall limit or exclude our liability for death or personal injury, fraud or fraudulent misrepresentation arising as a result of our negligence or the negligence of our employees, agents or sub-contractors.
9.3 Subject to clause 9.2, we will not be liable to you in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any: a) loss of profits; b) loss of business; c) depletion of goodwill; d) loss or corruption of data or information; e) loss of anticipated savings; f) loss of bargain; g) pure economic loss; or h) special, indirect or consequential loss
9.4 Our total liability, including the liability of our employees, agents, sub-contractors in relation to the Services will (except in relation to liability as set out in clause 9.2) be limited to the amount paid by you to us in relation to the relevant Services.
9.5 No claim may be brought against us in relation to any Services more than 1 year following the end of the date on which the relevant Services were provided.
9.6 We will not be liable if any loss or damage arises as a result of a) your failure to cooperate with us under the Agreement; b) the negligent or wilful acts or omissions of you or any of your other contractors or traders.
9.7 No allowance will be made upon admission of liability for any sentimental or familial value in respect of the item for which a claim is made
9.8 You accept that the limitations of our liability set out above are reasonable in all the circumstances.
10. Intellectual Property and Confidential Information
10.1 Each party agrees with the other not to divulge or allow to be divulged any confidential information relating to the other’s business or affairs other than to its employees, associates or contractors who are subject to appropriate non-disclosure undertakings (if required), or where the other party has consented to such disclosure or where required by law to make such disclosure. Either party may upon termination of this Agreement require by notice in writing to the other party the destruction or return of any confidential material in that party’s possession.
10.2 We shall own all intellectual property rights in all work produced in the performance of the Services and generally assert our moral rights and all other rights to be identified as the author of such work.
11.1 No term of the Agreement will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.
11.2 Each of the parties warrants its power to enter into the Agreement and has obtained all necessary approvals to do so.
11.3 Both parties shall be released from their respective obligations in the event of national emergency, war, pandemic, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of the Agreement impossible. .
11.4 Each party acknowledges that these terms and conditions and the Order contain the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it.
11.5 Each party acknowledges that this Agreement and any Services and Fees or other payment due under it are not connected with a tenancy of housing in England, such that it is agreed that the provisions of the Tenant Fees Act 2019 do not apply to this Agreement.
11.6 Any notice to be served on either of the parties by the other shall be sent by pre-paid recorded delivery or email to the General Manager, Elephant Central, 38 New Kent Road, London, SE1 6TJ. A notice to you may be sent to the Property and a notice to us may be sent to our registered office.
11.7 If any provision of this Agreement is, or is found to be, illegal, invalid or unenforceable, the remaining provisions shall continue in full force and effect and shall not be affected by such illegality, invalidity or unenforceability.
11.8 Failure by us to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver by us of them or the right at any time subsequently to enforce all terms and conditions of this Agreement.
11.9 This Agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England.
11.10 Any proceedings arising out of or in connection with this Agreement may be brought in any court of competent jurisdiction in England or Wales.