Please ensure that you read these terms and conditions as they contain important information regarding our work agreement. By signing the further document named “Client Agreement” you are stating that you understand and agree to the following terms and conditions. Note that there is a general section that applies to all agreements, and separate sections that may apply to your specific agreement, please ensure that you read all relevant parts as they combine to form our full agreement.

We will have discussed your requirements at our initial consultation, and these will be detailed in the Proposal & Client Agreement.  We will operate within the scope of that agreement.

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1. General Terms – All Agreements
 

1.1 Entire Agreement
1.1.1 This agreement contains the entire agreement between us and may not be modified except in writing signed by all parties involved.

1.1.2 Each party shall acknowledge that, in entering into the agreement, it does not rely on any representation, warranty or other provision except as expressly provided in the agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

1.2 Confidentiality and privacy

KE Lifestyle Management Services operates a professional, discrete, and confidential service. No information we come across during the course of the project will ever be divulged to third parties without your written agreement (unless otherwise required by law). We may ask for your permission to take before and after photographs of the work we do (if relevant to the project), but we will not use these images outside of our business records without express written permission from you. We may ask you to provide a written or video testimonial to be used as part of our marketing. You have the right to refuse to provide this. Any written testimonials provided will be de-personalised prior to external use.

Full privacy statement can be found at www.ke-lifestyle.co.uk/privacy

1.3 Insurance

KE Lifestyle Management Services has public liability and professional indemnity insurance up to £5,000,000 which is activated upon signature of the Client Agreement.  KE Lifestyle Management Services will always take great care when carrying out your project, whether this is from our premises or on your property, and when handling your data and possessions. In the unlikely event that an accident does happen resulting in damage or breakage of a possession, KE Lifestyle Management Services will not be held liable for any losses or damages incurred. You agree to cover any breakages through your home buildings or contents insurance.

1.4 Indemnity

You will indemnify us against any fines, costs, expenses, losses or other harm that comes to us from following any unlawful instruction or instruction to act in an unlawful way that was given by you.

1.5 Severability

If any provision or part of a provision of a piece of work or these Terms is unenforceable, word(s) shall be struck from the agreement to the minimum extent necessary to make the agreement enforceable and this shall not affect the enforceability of the other provisions of the agreement.

1.6 Duty of care

If the project requires visits to your premises, you have a duty of care to ensure that the premises are safe to work in, and you agree to disclose as soon as possible any circumstances which might put the KE Lifestyle Management Services consultants at risk. This includes, but is not limited to, infectious medical conditions or structural weaknesses in your property. For the purpose of personal safety, another person will always know our consultant’s location and session timings.

1.7 Hours of work

Core hours of work are:

• Monday to Friday 9am to 5pm, at the standard rate noted in the proposal

• Saturday to Sunday 9am to 5pm, will be charged at a higher rate if not agreed as part of the Client Agreement.

 

Work is possible outside of these hours but may be subject to an additional fee.

1.8 Fees

1.8.1 KE Lifestyle Management Services will provide you with an estimate following your initial consultation. By signing the Client Agreement, you agree to pay these fees.

1.8.2 Estimates are made based on an assessment of how many hours a job will take to complete.  However, the nature of this work is such that it is not always possible to predict exactly how long a given job will take.  If it becomes clear that the initial time estimate is going to be exceeded, the consultant will discuss options with you prior to continuing past the initially stated (and agreed) time. Any additional time agreed between KE Lifestyle Management Services and you will be documented and signed off prior to the additional work commencing. This term does not apply if your Client Agreement states a fixed rate or a bank of hours.

Please note that we have a minimum session time of 3 hours unless agreed otherwise and stated in the Client Agreement.

1.8.3 You will be charged for hours worked in 15-minute increments, which will start from when we arrive at your premises (or from when work commences if done from our premises). This applies even if we are unable to start the work for any reason, such as if access is denied. 

1.8.4 A 50% deposit is payable for most services within 48 hours of receiving an accepted booking to secure the dates for your work, with the amount paid being deducted from the final invoice.

1.9 Travel Costs & Other Expenses

1.9.1 No travel expenses will be charged for work completed at premises within 10 miles of Uffington, SN7.  For work undertaken further than 10 miles from Uffington, SN7, travel expenses will be agreed in advance and itemised on the proposal. The mileage will be taken from Google Maps.

1.9.2 Should free parking not be available, any parking expenses incurred will be submitted with your invoice for reimbursement.
Any additional expenses will be invoiced within 48 hours of them being incurred.

1.9.3 In relation to the purchase of any ancillary goods that you request KE Lifestyle Management Services purchases (such as storage boxes) or out of pocket expenses required to complete the work (such as stock pictures, videos, USBs, CDs/DVDs), payment will need to be made before any purchase is made. An itemised recommended list will be provided along with itemised costs associated with the recommendations prior to purchase. If KE Lifestyle Management Services make any purchases, you will be provided with the original receipt and you will be responsible for returning any damaged or broken items to the place of purchase.

1.10 Payment Terms

1.10.1 Invoices will be sent within 48 hours after the end of the decluttering and organising session, unless otherwise agreed. Payment is required within 14 days of the date of the invoice, by cash, bank transfer or card payments.  A receipt will be provided for all payments received.

1.10.2 Should the invoice be unpaid after its due date, the outstanding balance owed to KE Lifestyle Management Services limited will incur a £1.50 per day late fee charge plus an administration fee of £30, unless agreed otherwise. This will be charged on any outstanding balances until the balance is £0.

1.10.3 KE Lifestyle Management Services reserve the right to cease any further work once an invoice becomes overdue.

1.11 Cancellations

1.11.1 Any cancellations must be made in writing/email at least 4 days (96 hours) prior to the commencement of the work. Any cancellations made less than 4 days (96 hours) before the commencement of the work will be subject to a cancellation fee of 50% of the agreed estimated costs which will be in the form of forfeiture of the deposit or an invoice will be generated and payment required.

1.11.2 You may reschedule your work up to 3 days (72 hours) prior to the start time of the work without a cancellation fee. After work has been rescheduled, it cannot be rescheduled again without written agreement from KE Lifestyle Management Services, and paragraph 1.11.1 will apply.

1.11.3 In any occurrence any non-refundable travel expenses and any other expenses incurred in advance by KE Lifestyle Management Services will be payable by the Client in full, regardless of cancellation circumstances.

1.12 Termination
Jobs are deemed completed at the completion of the agreed work or after mutual agreement between both parties that the work required is complete. Either party may terminate this agreement or a Client Agreement summarily at any time by giving notice in writing to the other party if: 

• the other party commits a material breach of either agreement and such breach is not remediable; 

• the other party commits a material breach of either agreement which is not remedied within 14 days of receiving written notice of such breach and requiring its remedy from the injured party; 

• any consent, licence or authorisation held by the other party is revoked or modified such that the other party is no longer able to comply with its obligations under the Client Agreement or receive any benefit to which it is entitled; or 

• the other party is subject to any procedure or takes any action relating to their potential bankruptcy, insolvency or winding up or being placed into administration or entering into a creditors’ voluntary arrangement or any other process reasonably indicating to the first party that the other party will not be able to meet its obligations under the Client Agreement as they fall due. 
   

Terminating an agreement shall not affect rights and obligations already accrued. Any work requested after the termination of the agreement shall require a new agreement before work can commence.

1.13 Force Majeure

1.13.1 No party to the Agreement will be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, emergency medical treatment or any other event that is beyond the control of the party in question.

1.13.2 In the event that a party to the agreement cannot perform their obligations thereunder as a result of force majeure for a continuous period of 30 days the other party may at its discretion terminate the Agreement by written notice at the end of that period. In the event of such termination, the parties shall agree upon a fair and reasonable payment for all services provided up to the date of termination. Such payment shall take into account any prior contractual commitments entered into in reliance on the performance of the Agreement.

1.14 Law and Jurisdiction

1.14.1 All agreements are governed by English Law and subject to the exclusive jurisdiction of the English Courts

1.14.2 Nothing in these Terms shall be interpreted as excluding or restricting any legal liability on us or others where liability cannot legally be excluded or restricted

 
2. Additional Decluttering/Organising Terms

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2.1 Professional Membership
KE Lifestyle Management Services is a verified member of APDO, the UK’s membership association for decluttering and organising professionals. APDO sets standards, provides professional development and supports the growth of the industry. More information can be found at www.apdo.co.uk

2.2 Disclaimer & Disposal or removal of items

2.2.1 KE Lifestyle Management Services provide advice in good faith, and it is at your sole discretion whether you accept our guidance or not, particularly (but not exclusively) with reference to keeping or discarding possessions.  Obvious items of value will be treated with due care and attention, but we do not have the expertise to identify unusual or rare items, or to value them.  You are advised to seek your own valuations of such items.  We will use our best endeavours to identify such items whilst decluttering, but ultimately it is your responsibility to consider the value of such items prior to discarding them. Items that are disposed of are done so with your authorisation and responsibility is not accepted by KE Lifestyle Management Services for any item which you later decide was valuable, not to be disposed of, or which you are unable to find later.

2.2.2 KE Lifestyle Management Services will provide you with advice about the different options for the appropriate disposal or sale of items.  You agree that you accept responsibility for any and all items disposed of during the decluttering process, unless otherwise agreed in writing/email.

2.2.3 KE Lifestyle Management Services will remove one carload of items destined for the charity shop or recycling centre per decluttering session. These removed items are non-returnable. This is included within the quoted hourly rate. Items which cannot be taken by us will need to be disposed of by yourself, either using a licenced waste carrier, skip or taken to the recycling centre nearest you.

2.2.4 If you choose not to be available during a decluttering session, it may be necessary for one-off decisions to be made on your behalf, for example regarding the storage of items or their disposal. These will be made in good faith and using professional judgement. You will be advised of any decisions which have been made. You agree that KE Lifestyle Management Services will not be held responsible for decisions made that you do not agree with if you have chosen to not be available during a decluttering session.

2.3 Goods & Services

2.3.1 While providing comprehensive advice concerning your decluttering needs, some work may be beyond our scope.  In these instances, we may be able to recommend appropriate professionals.  Examples of this could include deep cleaning, carpentry, rubbish disposal or other relevant services. You are under no obligation to use any additional services recommended by KE Lifestyle Management Services and may arrange your own services if preferred. In any instance, KE Lifestyle Management Services will not be held liable if any third party’s performance falls below an acceptable standard nor will we be liable for any loss or damage caused by any third party.

2.3.2 Where possible, items such as storage boxes or specific packaging material can be supplied by us at competitive rates.  You are under no obligation to purchase these goods from KE Lifestyle Management Services and are welcome to source suitable alternatives elsewhere. It is however our recommendation that you do not buy any storage solutions before our decluttering sessions have begun. We will be happy to discuss requirements during the process.

2.4 Limits of work

KE Lifestyle Management Services will attempt to fulfil all your decluttering and organising needs but for health and safety (or other) reasons may not be able to do everything.  We maintain the right to refuse to handle or move heavy or unsanitary items. You are responsible for ensuring that the premises being decluttered is safe.

3. Additional Personal or Virtual Assistant Terms

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3.1 General

3.1.1 The work will be carried out unsupervised at such times and places as determined by KE Lifestyle Management Services using their own equipment, unless otherwise agreed.

3.1.2 KE Lifestyle Management Services agrees to attend the clients’ or other premises for necessary meetings, the time spent and agreed reasonable expenses incurred to be reimbursed by the Client.

3.1.3 In order for us to achieve the best results for you, we need your active cooperation. Specifically, you agree to: 

• Promptly provide the resources you are responsible for; 

• Provide clear guidelines for the tasks required.
   

3.1.4: Our ability to meet timetables depends on your giving us access in good time to all the information or resources we need from you. If you are late with information or resources, we reserve the right to reschedule jobs

3.2 Third Parties

From time to time we may use experts to supplement our own expertise where such expertise is needed and not provided via a 3rd party contracted directly with you. 

3.3 Software

3.3.1 We have standard software and equipment we use at no additional charge to you, including Microsoft Office. Where we need to pay license fees or usage fees to provide support for specific tasks we will charge you the cost of any licenses you have authorised us to purchase. We will normally provide all equipment needed to perform the services. 

3.3.2 Where you wish us to access systems that contain information that identifies living individuals, you should provide us with a unique log in to your existing software platforms and systems.

3.4 Work Packages

3.4.1 We may, with or without reasons, at our absolute discretion, reject a task.

3.4.2 The completed work will be delivered on or before the date agreed, for the agreed fee, which will be based on the description of the work in the Client Agreement

3.4.3 If, during the term of the work, additional tasks are requested by the client, KE Lifestyle Management Services reserve the right to renegotiate the fee and/or the deadline.

3.4.4 An additional fee or hourly rate may be requested if a fast turnaround is required. This will be discussed and approved by the Client before any work is undertaken.

3.4.5 Should ongoing project work be suspended or delayed through any default of the client, KE Lifestyle Management Services shall be entitled to immediate payment for work already carried out and expenses incurred.

3.5 Errors & Proofreading

3.5.1 Final proofreading and checking of all work supplied is the responsibility of the client.

3.5.2 Any errors must be reported within three (3) days of receipt of completed work. Errors generated by the KE Lifestyle Management Services will be rectified at our expense but amendments or alterations requested by the client thereafter will be charged at the standard hourly rate.

3.6 Copyright

3.6.1 Any content created by KE Lifestyle Management Services as part of a copy-editing/proofreading/project management process will become the copyright of the client at completion of the work, unless otherwise agreed.

3.6.2 You agree not to breach any third-party copyright, trade/service mark or privacy rights in sending us material to work on. You promise not to use any confidential or restricted information that belongs to someone else in sending us work.

3.7 Liability

3.7.1 We shall have no liability for any indirect or consequential losses or expenses suffered by you, however caused, including but not limited to loss of anticipated profits, goodwill, reputation, business receipts or contracts, or losses or expenses resulting from third party claims. 

3.7.2 Our aggregate financial liability to you shall not exceed the pro rata fees paid for the action(s) which gave rise to such liability.