Pure Domestic Bliss - Terms and Conditions
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Background
A. Pure Domestic Bliss is managed and operated by Pure Domestic Bliss Limited, a lifestyle management company. The lifestyle management service is provided primarily through the arrangement of approved specialist suppliers. .
B. Partnered Suppliers are fully audited by Pure Domestic Bliss Ltd and accept pure domestic bliss Ltd's terms and conditions of business.
C. Member is hereafter referred to as 'you' for the purposes of this Agreement.
1. Obligations of pure domestic bliss (PDB)
1.1. pure domestic bliss agrees to use all reasonable endeavours to introduce you to suitable service professionals who are best suited to meet your needs. For certain jobs, PDB may undertake to manage the job and liaise with the service professionals on your behalf.
1.2. pdb agrees to use all reasonable efforts to ensure that when you use the service, you do not pay more than the local market rate or the recommended retail price for any goods or services concerned. This is referred to as the pdb pricing principle.
1.3. pdb agrees to update you as soon as is reasonably practicable in respect of any fundamental changes within pdb, including, amongst other things, systems of work, pricing principles, subscription fees and additional charges.
1.4. In the event of any complaint about the pdb service, you should raise the issue directly with pdb, who undertake to look into the issue within 2 working days of receipt of notification of the complaint and report back to the member as soon as reasonably practical. This does not in any way affect the Member's statutory rights.
2. approved suppliers
2.1. Where possible pdb will introduce you to a service professional that is a approved supplier
2.2. pdb will use all reasonable endeavours to ensure that the aproved suppliers are reputable companies offering quality and value to their customers.
2.3. The contract for work to be carried out by the approved supplier is between you and the approved supplier . pdb is not party to that contract.
2.4. It is the responsibility of the approved supplier to communicate its terms and conditions of business, method of work and prices to you.
3. Other service professionals
3.1. In the event that pdb does not have an approved supplier to carry out your requested job or task, pdb will take reasonable steps to find another service professional to do so. pdb cannot guarantee such a service professional in any way whatsoever.
4. Your obligations
4.1. Your membership will commence on the Commencement Date. This date shall mean the time at which pdb receives payment of the first subscription from you or, in the case of fully funded corporate membership, the date agreed in the contract between pdb and your company.
4.2. You agree to use your best endeavours to provide true, accurate, current and complete information when providing details to pdb.
4.3. You agree to notify pdb as soon as practical of any changes to the information provided, when appropriate.
4.4. You agree not to impersonate any other person or entity or to use a false name you are not authorised to use.
4.5. You agree to take responsibility for ensuring that any individual covered under the membership (i.e. other adults sharing your household) complies with the terms of this Agreement and that any non-compliance by the individual will be deemed to be a breach of the Agreement by you.
4.6. You agree to join pdb for a minimum period of one month.
5. Charges and payment
5.1. You shall pay all charges reasonably levied by pdb in accordance with the current pdb rates, as previously notified to you, and all charges reasonably levied by Partnered Suppliers, as notified to you at the time of booking. You will be notified of any changes to pricing as laid out in clause 1.3.
5.2. Additional charges may be incurred from time to time. These charges will always be agreed in advance with you.
5.3. From time to time, pdb may also charge for specific, complex tasks, presented to you as a 'package'. This will apply where there is no supplier or where Ten can provide a more competitive service than existing suppliers. These packages will be defined in when introduced.
5.4. From time to time, payment for services provided by Partnered Suppliers may have to be managed through pdb. In such instances pdb may debit the amount invoiced from your credit card or claim the amount invoiced from your bank account by direct debit. pdb will then arrange for the approved supplier to be paid on the terms agreed between pdb and the approved supplier. .
5.5. pdb may earn commission from an approved supplieras a result of introducing you to an approved supplier. In most cases, the commission is calculated as a percentage of the value of the work carried out by the aproved supplier on your behalf. This percentage will vary on, amongst other things, the quantity, quality and nature of the work undertaken by the approved supplier for the pdb membership as a whole. In any event, the level of commission will not override pbd's obligation under section 1.2.
6. Confidentiality
6.1. All private information matters or issues that you disclose to pure domestic blisst Ltd or employees or officers are confidential. Neither will disclose information about you to third parties other than for the purposes of this Agreement.
6.2. pure domestic bliss limited is regulated by the Data Protection Act 1998
7. Liability
7.1. When you instruct an approved supplier , your contract for that service is with the approved supplier not pdb. pdb is not responsible for the actions of the approved supplier.
7.2. Subject fully to its obligations under clauses 1.1, 1.2, 2.1, 2.2, and 2.3 above, pdb accepts no responsibility for any loss, liability or cost incurred by you as a result of any act or omission by the approved supplier .
7.3. Subject fully to its obligations under clauses 1.1 and 1.2 above, pdb accepts no responsibility for any loss liability or cost incurred by you as a result of any act or omission by any other service professional who is not an approved suppier.
7.4. pdb makes no warranty that the web site or use of the service will be uninterrupted, timely or error free.
7.5. pdb accepts no responsibility for any act or omission beyond its reasonable control
8. Force Majeure - Unforeseeable Events
8.1. Neither party to this Agreement shall be responsible to the other party for any delay in performance or non-performance due to a force majeure event. pdb shall promptly, upon the occurrence of a force majeure event, inform you in writing stating that the event has delayed or prevented its performance under this Agreement and thereafter that it shall take all action within its power to comply with the terms of this Agreement as fully and promptly as possible
8.2. "Force majeure event" means an event beyond the reasonable control of either party including without limitation strike, lock-out, labour dispute, act of God, war, civil commotion, malicious damage, compliance with a law or government order, rule, regulation or direction, accident breakdown of plant or machinery, fire, flood, storm, and other circumstances affecting the supply of goods and services.
9. Termination
9.1. The Agreement may be terminated at any time after the occurrence of an event specified in Clause 9.1.1 - 9.1.6. The events are:
9.1.1. Material breach of this Agreement by either party and if the breach is capable of remedy failing to remedy the breach within 30 days starting on the day after receipt of notice from the Initiating Party giving details of the breach and requiring the Breaching Party to remedy the breach and stating that a failure to remedy the breach may give rise to termination. For the purposes of this Clause a breach is capable of remedy if time is not of the essence in performance of the obligation and if the Breaching Party can comply with the obligation within the 30 day period
9.1.2. The Breaching Party passing a resolution for its winding up or a court of competent jurisdiction making an order for the Breaching Party's winding up or dissolution
9.1.3. The making of an administration order in relation to the Breaching Party or the appointment of a receiver over or an encumbrancer taking possession of or selling an asset of the Breaching Party 9.1.4. The Breaching Party making an arrangement or composition with its creditors generally or making an application to a court of competent jurisdiction for protection from its creditors generally
9.1.5. The making of a bankruptcy order or
9.1.6. Death of the member
9.2 You may terminate this Agreement with one calendar month's notice in writing to pure domestic bliss limited after the minimum membership period has lapsed, as defined in clause 4.7.
9.3 pure domestic bliss may terminate your membership immediately with one calendar month's notice in writing.
10. Consequences Of Termination
Both your and pdb's further rights and obligations cease immediately on termination of this Agreement but termination does not affect either party's accrued rights and obligations at the date of termination
10.1. Within 30 days of termination of this Agreement you shall pay all monies still owing to pure domestic bliss or any approved supplier at the date of termination
10.2. In the event that any such outstanding monies are not paid within 30 days of termination these outstanding monies shall immediately be due and may be debited directly from your bank account or credit card
11. Intellectual Property Rights
11.1. You hereby acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the web site (the "Rights"), including the manner in which the web site is presented or appears and all the information and documentation relating thereto is the property of Ten and nothing contained herein shall be constructed so as to transfer any of the Rights to you
12. Notices
12.1. A notice or other communication under or in connection with this Agreement shall be in writing and shall be delivered personally or sent by first class post fax or e-mail to the party due to receive the notice or communication at its address set out in this Agreement or the fax or e-mail address specified in writing to the other
13. General
13.1. If any of the above provisions are held to be illegal or unenforceable such provisions shall be severed and the remainder of the Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby.
13.2. This Agreement constitutes the entire agreement between pdb and you and supersedes all previous communications, representations and agreements, either written or oral (other than fraudulent misrepresentation). This Agreement overrides any agreement that pdb may have with your Employer. You acknowledge that no reliance is placed on any representation made but not embodied in the said documents, though for the avoidance of doubt nothing in this Agreement shall in any way limit any rights you may have arising by virtue of the Contracts (Rights of Third Parties) Act 1999 or any successor legislation.
13.3. The terms of this Agreement shall regulate the relationship between you and pdb and the use of the services provided by pdb shall constitute acceptance by you of the terms & conditions set out in this Agreement.
14. Governing Law and Jurisdiction
14.1. This agreement is governed by and shall be construed in accordance with English Law
14.2. The courts of England have exclusive jurisdiction to hear and decide any suit action or proceedings and to settle any disputes which may arise out of or in connection with this Agreement and for these purposes each party irrevocably submits to the jurisdiction the courts of England (save in the cases of members based in Scotland in whose case the Scottish courts shall also have jurisdiction