INTERPRETATION In this document the following words shall have the following meanings:
a. "Customer" means any person, firm or company who purchases the Services of “Super Concierge”.
b. “Super Concierge" means the Company, or any person that works for, or on behalf of the Company.
c. “Quote” means the proposed cost of the Services to be provided by Super Concierge, which acts as a contract and invoice once it has been confirmed by the Customer.
d. "Services" means the services carried out by Super Concierge.
e. "Proposal" means a particular service carried out before bookings are made, and is a portfolio compiled of the research carried out by Super Concierge specific to a Customer’s event.
f. “Product” means any merchandise or service sourced by Super Concierge but paid for by the Customer at cost price.
g. “Suppliers” means the companies’ supplying Super Concierge with the Products to provide you.
h. “Payment Card” means credit card or debit card;
i. "Terms and Conditions" means the terms and conditions of supply set out in this document.
j. “CONFIRM” is the word used by the Customer and Super Concierge to authorise the terms and conditions set out below.
k. Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
COMMENCEMENT AND DURATION
The Services supplied under the Quote shall be provided by Super Concierge to the Customer from when the Customer types the word CONFIRM under the Quote. When the Customer types the word CONFIRM, the Customer is authorising Super Concierge to take payment on completion, and agreeing to these Terms & Conditions.
Super Concierge carries out its services in North West London, West London and Central London. The Customer must inform Super Concierge if a task needs to be carried out elsewhere, and upon negotiation tasks will be carried out in any other location that Super Concierge deems to be reasonable.
If the Customer wishes to cancel, notice must be given to Super Concierge via email immediately. Cancellation is only effective upon Super Concierge’s receipt of the email.
Once the Quote is confirmed by both the Customer and Super Concierge, in the event of cancellation we will avoid charging you for our service where possible, but you may still be billed for any work that has been carried out up to that point.
The client is liable for any charges incurred, should they decide to cancel their booking, for any Products and deposits already paid for by Super Concierge.
Acting reasonably at all times, Super Concierge reserves the right to refuse to provide any Service requested and reserves the absolute right to cancel your service (at its sole discretion) for any reason whatsoever.
Super Concierge will provide Services to the Customer on condition that all requests are for lawful and moral personal services in respect of the personal needs or wishes of the Customer.
Any quotation is valid for a period of 30 days from its date, provided that the Supplier has not previously withdrawn it.
All reasonable requests will be completed to the Customer’s specifications; however in certain situations alternatives may be supplied. If Super Concierge is unable to deal with a request, we will inform you as soon as reasonably possible.
Each task list will be treated as an individual contract between Super Concierge and the Customer.
Super Concierge fees are communicated in the Quote. The price for the Services is as specified in the Quote.
Customers shall pay the amount stated in the Quote by paypal, which will be processed by Super Concierge.
When ordering Products and Services you will be required to provide your Payment Card details. These will only be used for payments to Super Concierge and when ordering Products from a Supplier.
Super Concierge warrants that it will not disclose directly or indirectly to any third person (except as required to carry out the Services) any confidential information that Super Concierge possesses concerning the Customer.
You acknowledge that Super Concierge shall have no liability, or be responsible in any way in respect of the use of your Payment Card provided that Super Concierge acts in accordance with the instructions issued by you in relation thereto.
You agree that all details you provide Super Concierge for the purpose of booking, ordering or purchasing our Services or Products are correct, that the Payment Card you are using is your own and that there are sufficient funds to cover all costs.
Membership Fees and Renewals
Membership is conditional on payment in advance and in full of the Membership Fee. Or as agreed by monthly standing order.
The Membership Fee shall be paid in full in advance and on each anniversary of the Effective Date using either by paypal or payment Card or annual standing order only.
Save where the Company gives its prior written consent, it will not accept payment of the Membership Fee by any method other than those stated in clause.
Where the Member chooses to pay the Membership Fee by annual standing order, payment must be arranged in advance by the Member by completing the annual standing order mandate (“the Mandate”) attached to the Membership Application Form. Where a Member selects to pay the Membership Fee by Payment Card, the Member hereby authorises the Company to charge subsequent Membership Fees to the Payment Card on each anniversary of the Effective Date. Where the Member has chosen to pay by Payment Card and the Company fails to receive such payment for any reason (including by virtue of the credit limit of the Payment Card having been exceeded or the Payment Card having been cancelled), the Company shall be entitled to terminate the Member’s membership without prejudice to its other rights in respect of such non-payment.
If the Membership Fee or any Instalment remains unpaid after the due date for payment, all monies owing to the Company under these Terms and Conditions will become due and payable immediately. Such monies will include any unpaid balance of (i) the Service Fee; or (ii) the Membership Fee in respect of the Member's current year of membership.
The Company may charge a 4% (four per centum) handling fee in respect of payments of the Membership Fee or Service Fee made by credit card. Where a Member makes payment of the Membership Fee or Service Fee by debit card, the Company may charge a handling fee of 40 pence per transaction.
Membership will automatically continue beyond each anniversary of the Effective Date (“the Renewal Date”) unless otherwise cancelled or terminated by the Member or the Company in accordance with these Terms and Conditions. The Member authorises the Company to deduct renewal Membership Fees by using the Mandate or the Payment Card up to 28 days prior to or at any time after the Renewal Date.
With effect from the first anniversary of the Effective Date, the Membership Fee may be increased by the Company at any time. The Company shall give the Members not less than 30 days’ written notice (“the Notice”) prior to any such increases. Upon receipt of a Notice, the Member may cancel its membership by sending written confirmation of cancellation to the Company, provided that such confirmation is received by the Company within 28 days of the date of the Notice.
The Membership Fee shall be payable by a Member irrespective of the Member’s level of use of the Services or any changes in the Member’s personal circumstances, such as moving to another city or country.
Members shall pay the Membership Fee in full without any discount, deduction, set-off or abatement whatsoever. If the Member fails to make payment within 30 days following the due date then, without limiting any other right or remedy available to the Company, the Company may:
The Company’s charges for the Services are based on an hourly charge out rate (“the Rate”) and value added tax (“VAT”) will be added to the Rate. The Rate is calculated in 15 minute units (for example, if the duration of the Services is 20 minutes, the Member will be charged two 15 minutes units). The standard Rate for requests for Services to be performed within Normal Business Hours is £30 Virtual service or £45 per hour if required on location.
With the exception of English bank holidays, the Company’s normal business hours are 9.00am to 6.30pm
Monday to Friday (“Normal Business Hours”). The Company may be available to provide Services to members outside these hours. Normal Business Hours may be lengthened or shortened in the absolute discretion of the Company upon reasonable prior notice being given to Members. Upon receiving such notification, a Member shall be entitled to cancel Membership by serving notice of cancellation to the Company within 14 days of the date of such notification. The Company will arrange a reimbursement of the unexpired portion of the Membership Fee calculated on a pro rata basis within 28 days following receipt of the notice of cancellation from the Member.
With the exception of English bank holidays, where a non-Member requests Services to be performed during Monday to Friday but outside the Company’s Normal Business Hours an increased Rate will be charged to the non - Member as follows:
Where a Non-Member requests Services to be performed on Saturday or Sunday an increased Rate will be charged to the Member as follows:
Where a Member requests Services to be performed on Saturday or Sunday an increased Rate will be charged to the Member as follows:
Where a Member requests Services to be performed on an English bank holiday, an increased Rate of £150 per hour plus VAT will be charged to the Member.
For the Dedicated membership of £300 pm you will be charged half price of all prices listed above.
With our exclusive membership all tasks are performed within the price of the membership. If you require additional services outside normal hours on location. A fee of £20 is charged.
Super Concierge shall not be liable to the Customer and will not be deemed to be in breach of these Terms and Conditions for delay in providing Services or failure to produce Products where such delay or failure is due to causes or events beyond the reasonable control of Super Concierge.
In most cases Super Concierge provides Quotes for two different types of service. Firstly a single Quote for those tasks that can be carried out immediately, when all information is either provided or can be researched and completed without having to return to the Customer. Secondly projects such as holidays and events co-ordination, which require research and planning, and then reservations and confirmations. For projects such as these, the Customer will receive a Quote for a Proposal, which will include tailor made venue finding, product sourcing, catering/transport/entertainment options, artistic and creative ideas and cost analysis. Super Concierge will provide a second Quote for all of the reservations, purchasing, booking confirmations, collections and deliveries, and all creative co-ordination. Super Concierge will make it clear what is included in each Quote supplied to the Customer.
Super Concierge shall use reasonable endeavours to observe all health and safety rules and regulations, and any other reasonable security requirements that apply at [any of] the Customer's premises, provided that it shall not be liable under the Quote if, as a result of such observation, it is in breach of any of its obligations under the Quote.
As per the Data Protection Act 1998, Super Concierge agrees not to disclose any of the Customer’s personal information whatsoever, to any other person or company, unless the Customer specifically instructs Super Concierge to do so.
When Super Concierge provides Products from a third party, we are acting as your agent in finding Products. Super Concierge will use reasonable care in selecting the Supplier and placing the order in accordance with your requests
It is the responsibility of the Customer to use their discretion as to whether they accept information offered to them in the Proposal supplied by Super Concierge and then decide to enter into any contract with a third party (i.e. the Supplier).The Customer’s contract for the purchase of Products is made with the relevant Supplier only.
If Super Concierge’s performance of its obligations under the Quote is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, Super Concierge shall not be liable for any costs, charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay.
The Customer shall be liable to pay to Super Concierge, on demand, all reasonable costs, charges or losses sustained or incurred by Super Concierge (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the Customer's fraud, negligence, failure to perform or delay in the performance of any of its obligations under the Quote, subject to Super Concierge confirming such costs, charges and losses to the Customer in writing.
The Customer agrees that any contract entered into by the Customer with any of the Suppliers is an independent contract.
Super Concierge reserves the right to open any package they are asked to collect or deliver, or anything that will remain in their possession for any length of time.
CHANGES TO THE WEBSITE
Super Concierge website reserves the right to remove or change (temporarily or permanently) any part of the Website without notice and you confirm that the Super Concierge website shall not be liable to you for any such change or removal. Super Concierge reserves the right to change these Terms and Conditions at any time and your continued use of our Services following any changes shall be deemed to be your acceptance of such change.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
Applicable Law & Jurisdiction: These Terms and Conditions for Super Concierge are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales.
Super Concierge will make every reasonable effort to ensure that the services rendered to the Client regarding the Project are of the highest order but no warranties specific or implied are made in this respect or about the accuracy of information originating from Super Concierge or any other service provider or any candidate and supplied to the Client either directly or through Super Concierge.
Super Concierge will make every reasonable effort to ensure the suitability of any company, service provider or candidate introduced to the Client or used for work on the Project but shall not be responsible for any loss damage expense or delay to the Client resulting from their introduction, use, actions or for any information provided by them either to Super Concierge or to the Client.
The references of any company, service provider or candidate will not be obtained by Super Concierge unless so requested by the Client and then only with the other party's consent. Super Concierge shall not be responsible for any reliance placed by the Client on any information supplied by a third party.
LIMITATION OF LIABILITY - THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CONDITION
This condition sets out the entire financial liability of Super Concierge (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Client in respect of:
(a) Any breach of this agreement or any Contract;
(b) Any use made by the Client of the services of Super Concierge; and
(c) Any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement or any Contract.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement and any Contract.
Nothing in this agreement limits or excludes the liability of Super Concierge:
(a) for death or personal injury resulting from negligence; or
(b) for any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation by Super Concierge; or
(c) for any liability incurred by the Client as a result of any breach by Super Concierge of the condition as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982.
(a) Super Concierge shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for:
(i) loss of profits;
(ii) loss of business;
(iii) depletion of goodwill and/or similar losses;
(iv) loss of anticipated savings;
(v) loss of goods;
(vi) loss of contract;
(vii) loss of use;
(viii) loss of corruption of data or information; or
(ix) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
(b) Super Concierge’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement and any Contracts shall be limited to three times the price paid for the services on the Project.
Without prejudice to any other rights or remedies which the parties may have, either party may terminate this agreement without liability to the other on giving the other not less than one month’s written notice or immediately on giving notice to the other if:
(a) the other party commits a material breach of any of the terms of this agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
(b) An order is made or a resolution is passed for the winding up of the other party, or circumstances arise which entitle a court of competent jurisdiction to make a winding-up order of the other party; or
(c) an order is made for the appointment of an administrator to manage the affairs, business and property of the other party, or documents are filed with a court of competent jurisdiction for the appointment of an administrator of the other party, or notice of intention to appoint an administrator is given by the other party or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986); or
(d) a receiver is appointed of any of the other party's assets or undertaking, or circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or manager of the other party, or if any other person takes possession of or sells the other party's assets; or
(g) There is a change of control of the other party; or
On termination of this agreement for any reason:
(a) Client shall immediately pay to Super Concierge all of Super Concierge’s outstanding unpaid invoices and interest and, in respect of services supplied but for which no invoice has been submitted, Super Concierge may submit an invoice, which shall be payable immediately on receipt;
(b) The outstanding Fees: and
(c) The accrued rights of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination shall not be affected.