You have received a quotation from Whissh (“Quotation”) relating to your engagement or use of certain services as detailed in the Quotation (“Services”) and by accepting the Quotation or otherwise engaging, accepting or using the Services, you are deemed to have entered into, or otherwise agreed to the terms and conditions of this Services Agreement (as from time to time amended, supplemented or modified, this “Agreement”).
This Agreement is between the Client named on the Quotation (“you”) and 1 Plus (Europe) Ltd or one of 1 Plus (Europe) Ltd’s affiliates or subsidiaries (collectively, “Whissh”, as the concierge for provision of the Services.
This Agreement details the terms and conditions which apply between you and Whissh relating to your use of the Services. The Service Providers are also subject to separate agreements with Whissh.
1. The Services to be provided under this Agreement may include but is not limited to cleaning services, air-con servicing and/or maintenance services, laundry services, plumbing services. Unless otherwise agreed, all Services will be provided on-site at the premises named on the Quotation (“Premises”).
2. Whissh is not the provider of the Services, but is duly authorised to arrange for the Services from the suppliers or providers of such Services which may from time to time include certain of Whissh’s affiliates or subsidiaries (collectively, the “Service Providers” and each “Service Provider”).
3. You authorise Whissh to select such Service Providers to provide the Services as it may determine at its sole discretion, and Whissh reserves the right to replace, substitute or terminate the Service Providers at any time.
4. For the avoidance of doubt, Whissh is not an agent of the Service Providers nor you in the provision of the Services by the Service Providers and neither the Service Providers and their respective employees, sub-contractors, agents shall be deemed or construed as the joint venture partners, employees, sub-contractors, agents of Whissh in connection with the provision of the Services.
Fees and charges
1. Pursuant to this Agreement, you have authorised Whissh to collect and remit various fees and charges that will be due and owing by you in connection with your use of the Services, including, without limitation, all fees, charges and taxes (including any applicable goods and services tax) payable with respect to or in connection with your use of Services provided by Whissh and/or Service Providers (collectively the “Service Fees”) .
2. You agree and acknowledge that the Service Fees will include the fees payable to Whissh with respect to their role as concierge as well as the fees payable to the Service Providers, and you agree to pay the Fees to Whissh without any deduction, counterclaim or set off, including but not limited to any deduction, counterclaim or set off for any alleged loss or damage to your Premises which is alleged to be caused or otherwise attributable to any Service Providers. For the avoidance of doubt, notwithstanding that Whissh will issue invoice(s) for the entire sum of the Service Fees, only the fees payable to Whissh with respect to their role as concierge shall be attributed to or considered as Whissh’s income.
1. Any cancellation or re-scheduling by you is subject to the prior consent of Whissh, the availability of the Service Providers to provide Services on an alternative date(s) and any other prevailing rules or terms and conditions governing cancellations and re-scheduling.
2. In the event that any Service Providers or any of the Services becomes unavailable, Whissh will notify you and use reasonable endeavours to re-schedule Services or find a replacement or substitute Service Provider failing which you are entitled to cancel the booking, and the amount of fees and charges paid by you (if any) will be refunded to you (pro-rated, if applicable) to take into account any Services already rendered. Save as aforesaid, neither Whissh nor any Service Providers will be liable to you for any further amounts in respect of any cancellation or re-scheduling of Services by us.
3. Any failure by you to comply with this Agreement, including any failure to allow the Service Providers to supply Services, will permit the Whissh to terminate this Agreement without liability (and without prejudice to any other rights and remedies pursuant to this Agreement).
1. As the owner or occupant of the Premises, you have primary responsibility for ensuring that the Premises is safe for anyone that Whissh and/or the Service Providers procure to enter, or allow in or around the Premises for purposes of provision of the Services.
2. You must notify Whissh of any claim for loss or damage to your Premises, or any of the contents, fixtures or fittings therein within the same day as the completion of the provision of the Services, failing which, you shall be deemed to have represented that there is no such loss or damage or to have waived any such claims (even if applicable).
Liability and claims
1. While Whissh will use reasonable endeavours to procure and ensure quality Services, it makes no representation or warranty, and assumes no responsibility or liability for the satisfactory outcome of the Services including any loss or damage that may be caused by the Service Providers and their respective employees, sub-contractors, agents or otherwise suffered or incurred in the course of the provision of the Services.
2. Any claims made by you under this Agreement, including claims against the Service Providers (if applicable), must be made initially through Whissh. Whissh has the authority to negotiate and settle claims on behalf of itself and the Service Providers.
3. Neither Whissh nor the Service Providers will have any liability for any business, financial or economic loss or for any consequential, incidental, special or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of or in connection this Agreement, the provision of Services by the Service Providers (whether such loss arises as a result of negligence, breach of contract, tort or otherwise by Whissh, the Service Providers or any agent or third party providing services on behalf of Whissh or the Service Providers).
4. Subject to any exceptions set forth in applicable law, the liability of Whissh and the Service Providers for any and all losses or damage suffered by you and/or the Premises (including, without limitation for property damage, personal injury and death and whether such claim arises out of breach of contract, tort, negligence or otherwise) will be limited to the cost of obtaining a replacement Service or the amount of the Service Fees and charges payable by you, whichever is the higher amount.
5. You agree to defend, indemnify and save harmless Whissh, each of the Service Providers and their respective directors, officers, employees, contractors, heirs administrators, representatives, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all liability, claims, loss, property damage or expenses (including legal fees and expenses on a full indemnity basis) (i) arising by reason of any injury, death or damages sustained by anyone that Whissh and/or the Service Providers procure to enter, or allow in or around the Premises for purposes of provision of the Services, unless such injury death or damage is caused by the gross negligence or intentional act or omission, or by any such persons and (ii) suffered or incurred by the Indemnified Parties or any of the Indemnified Parties arising out of or relating to a breach or alleged breach by you of this Agreement, including without limitation this paragraph 4.
Personal data protection
2. Generally, we may collect Personal Data in various ways such as:
• in the course of your engaging, accepting or using the Services, or your providing documentation or information to us;
• when you communicate or interact with us via telephone, letters, fax, face-to-face meetings, our website, email or other modes of contact. Telephone calls may be recorded;
• CCTV recordings while you are within our premises;
• when you attend any event organised by us;
• photographs or videos taken by us or our representatives when you attend events hosted by us; or
• from public information sources, search services and other third parties.
3. Generally, we may use and retain Personal Data for a variety of reasons, such as:
• providing the Services;
• responding to, processing and handling your queries, feedback and suggestions;
• verifying your identity, processing payments as well as managing our accounts, administrative and business operations;
• managing the security of our premises, facilities, website, and IT and technology infrastructure;
• maintaining our customer database, including for future marketing and promotional purposes;
• complying with applicable laws and regulations, codes of practice or guidelines, policies, procedures, regulatory requirements (which may extend to know-your-client and related reviews) and directions issued by relevant authorities;
• the establishment, exercise or defence of any legal or equitable claim; and
• any other purpose which is ancillary or incidental or relating to any of the above
4. Further, we may disclose your Personal Data in the following manner:
• To the Service Providers;
• To our sub-contractors, agents, or third party service providers who provide accounts, operational or administrative services;
• To our legal, tax, accounting and other professional advisers;
• To any relevant authorities, whether local or overseas; or
• To the extent necessary to comply with any laws, regulations, rules, directions, and guidelines.
5. If you provide any Personal Data relating to a third party (including your family members or (if you are a corporate entity) your directors, shareholders, members, beneficial owners and the like) to us, you represent to us and must ensure that you have notified such third party of the terms of this clause and obtained his or her consent to the same.
1. You agree that you have the full power and authority to enter into this Agreement.
2. You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to Whissh against any amounts that may be owed to you.
3. Whissh will be entitled to assign or sub-contract its obligations under this Agreement. You may not assign this Agreement.
4. Whissh will not be liable to you or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations, if the delay or failure was due to any cause beyond its reasonable control such as severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, Acts of God, terrorism war and civil unrest or other similar events of “force majeure”.
5. This Agreement represents the entire agreement between you and Whissh and supersedes any previous marketing information, representations or agreements of any kind or nature between the parties relating to the subject matter hereof and whether recorded in writing, or otherwise.
6. The parties agree that the terms of this Agreement are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
7. Whissh may change any terms in this Agreement from time to time without your consent, provided that if if such change would materially and adversely affect your rights or obligations as set out herein and as at the date of such change, there are still Services remaining to be performed, you may elect to terminate engagement or use of our Services, and the amount of fees and charges paid by you (if any) will be refunded to you (pro-rated, if applicable) to take into account any Services already rendered). Save as aforesaid, neither Whissh nor any Service Providers will be liable to you for any further amounts in respect of any such termination.
8. If you breach the terms and conditions of this Agreement and Whissh takes no action or fails to take action on a timely basis, the foregoing shall not be deemed a waiver by Whissh of its rights under this Agreement and Whissh will be entitled to take action and enforce its rights and remedies for such breach.
9. Notwithstanding that they are not party to this Agreement, the Service Providers and the Indemnified Parties are third party beneficiaries of this Agreement and may rely upon this Agreement and enforce this Agreement to the extent necessary to enforce their respective rights under this Agreement. Save as aforesaid, a person who is not a party to this Agreement has no rights to enforce any term of this Agreement.
10. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom. You hereby irrevocably submit to the non-exclusive jurisdiction of the United Kingdom, for any and all disputes between you and Whissh and/or the Service Providers arising out of this Agreement and/or the provision of Services.
1. You acknowledge that you have also read the additional service terms below and that you accept the terms thereof.
Additional Service Terms
2. You will notify us if there are any changes to your particulars.
3. Whissh reserves the rights to terminate all service immediately without your notice if you are found directly or indirectly involved in any form of activities which may cause harm/damage to the Service Providers. You will still be liable for the outstanding debt to the company.
4. Whissh will be liable for any damages to your property up to a maximum of £80 or 50% of the cost price, whichever is lower. Damages reported more than four (4) hours after the Service Providers have left the premises will not be attended to.
5. You will not solicit or negotiate any deal with the Service Providers without Whissh’s prior consent or involvement.
6. Whissh can impose additional charges for additional services that you request to be fulfilled by the Service Providers during the time allocated for the package that you selected.
7. Service Providers will not to engage in dangerous activities including climbing of ladders and climbing outside the window to wipe the window grilles.
8. You will pay in advance for the services you order and all associated reimbursement costs, fees or expenses. Whissh does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway used for the payment.
9. There will be no refund for cancellation of recurring package. Should there be any changes to the address you have provided, you are required to notify us at least 3 working days in advance.
10. You can cancel or amend a booking free of charge forty-eight (48) hours before the scheduled service time. There will be a cancellation fee of £20 if you wish to cancel the booking less than forty-eight (48) hours before the scheduled service time.
11. Service will be scheduled only upon email confirmation by us.
12. Issue of keys that allow access to the property to Service Providers will be conducted at your own risk.
13. To safeguard your property and prevent any misunderstanding, you will store your valuables in a safe place when the Service Providers are in your house.
14. You will ensure that there is running water and electricity at the premises where the service takes place.
If you have any questions about our terms and conditions, please do not hesitate to e-mail at firstname.lastname@example.org.