Our Terms and Conditions of Business.

In this agreement “we” and “ours” refers to Kecopa Limited., whose main office is at PO Box 224, Winsford, Cheshire, CW7 9DB; “you” refers to the Client; “our tasks” means the provision of our services to you such as the sourcing and agreed engagement of a supplier or contractor to perform the services required; “the Services” means the services which you have engaged us to obtain on your behalf by a supplier or contractor; “Supplier ” means a third party or Contractor, e.g. plumber, which we, acting as your agent and not as principal, have organised for you to carry out services at your agreement, approval and request; “Prime Supplier” means a supplier or Contractor whose ability, qualifications and insurance to carry out the services have been researched and proven accurate to all relevant industry standards by Kecopa Limited.

1. (1) We are a lifestyle management company and you have engaged us to perform certain services on your behalf which may include the arrangement of services to be carried out for you by a supplier. Where the services may legally be carried out only by a supplier with suitable qualifications and/or insurance, we shall use reasonable endeavours to ensure that any supplier chosen by us to perform the services shall be so qualified / insured.

(2) If we cannot arrange for a prime supplier to perform the services for you, we may, with your prior approval, arrange for a supplier who is not a prime supplier to perform the services, in which case clauses 2 and 10(b) will not apply.

2. (1) Where we have organised a prime supplier to carry out the requested services, unless you have expressly requested or agreed to a particular supplier or prime supplier or a specific charge for the services, we shall make reasonable efforts to explore the local market rate and inform you. We will organize and facilitate dialogue on charges between the supplier or prime supplier and you. We can confirm charges on your behalf but we give no warranty as to any supplier’s charges for any services and no actions will be taken without agreement and approval from you.

(2) Whilst we shall use our best endeavours to ensure that any prime supplier selected by us is competent to carry out the services to a proper standard of workmanship and quality, we shall not be liable if his performance falls below that standard.

(3) Our list of preferred suppliers is not a directory for clients to access.

3. (1) Our charges for our tasks (i.e. the tasks we carry out for you ourselves) will be levied at the agreed rate at instigation of our services on the contract signed by you. Any alteration to our rates will be communicated reasonably and in good time

(2) Kecopa gift vouchers are valid for one year starting on and including the date of purchase. Minimum purchase is two blocks.

(3) Our office hours are 09.00 hrs to 17.30 hrs Monday to Friday excluding Christmas Day, Boxing Day, New Year’s Day, Good Friday and all UK bank holidays. If at your request we carry out tasks for you outside our office hours our charges will bear an uplift of : 17.30 hrs > 09.00 hrs 1½ block time weekdays : Saturdays 09.00 hrs > 17.30 hrs 2 Block time : Sundays 09.00 hrs > 17.30 hrs 2½ block time. Emergency Hours contact are deemed to be outside of the stated hours for Saturday and Sunday and between the hours of 22.00 hrs > 08.00 hrs weekdays. Emergency Tariff will apply at 2½ Block time but is subject to Management discretion.

4. We shall not be responsible for the security of communications sent by us to you or others in relation to our tasks and the Services by email or fax. Please let us know if, at any stage, you do not wish us to use email or fax for communications.

5. We intend to rely upon the written terms set out here.  If you require any changes, please make sure that you ask for them to be put in writing. In that way, we can avoid any problems surrounding what we and you are each expected to do.

6. (1) In the event that you engage us to arrange for services to be performed at a particular location, you will give reasonable access to such location (including to the interior of any premises) to us and our employees and agents and to the supplier and its employees and agents as may be necessary for the services to be performed without hindrance.

(2) Travel time to and from your premises or for any errand running purpose is chargeable at our agreed hourly block rate which includes any travelling time for work requiring our physical presence. All mileage will be charged at the current taxable allowance rate. Travelling time is not chargeable if the amount of work takes a full working day of seven hours or more but mileage charges will still apply.

7. You will be responsible for obtaining from other parties (e.g. landlord) or any government or competent authority any consents that may be necessary for the services to be provided.

8. We will not be liable under this agreement for any loss or damage caused by us or our employees or agents in circumstances where (i) there is no breach of a legal duty of care owed to you by us or by our employees or agents; (ii) such loss or damage is not a reasonably foreseeable result of any such breach; (iii) any increase in loss or damage resulting from the breach by you of any term of this agreement.

9. We will not be liable under this agreement for any loss or damage caused by the supplier its employees or agents.

10. (a) We shall not be liable to you if any document procured by us for you (e.g. theatre ticket) is subsequently found not to be genuine or if it is not accepted by any other party (e.g. theatre) as genuine; (b) however we shall use all reasonable endeavours to ensure that such documentation is genuine and bona fide.

11. We shall not be liable to you if we do not perform our tasks, or the services are not performed by any third party, for reasons beyond our control e.g. strike, lockout, labour dispute, transport difficulties, act of God, war, riot, civil commotion, malicious damage, application of law, accidental breakdown of plant and machinery, fire, flood, storm and other circumstances affecting the provision of goods and services.

12. Suppliers’ charges for the performance of the services will at all times be payable by you, unless we have agreed otherwise. If it has been agreed that we shall tender payment for the services to any supplier on your behalf, it will be on the basis that we do so as our agent and that funds for such payment have been put in place by you into our Client Account beforehand.

13. Payment of our charges for our tasks shall be payable by monthly standing order in advance or, by exception only, by invoice, where upon cleared funds will be necessary before we may provide services for you. Additional expenses and charges debited to your account relating to tasks performed by Kecopa employees, will be invoiced monthly and payment terms are 10 working days. Additional expenses and charges relating to tasks performed by suppliers and prime suppliers will be invoiced inclusive of the total task fee in most circumstances. Interest at 2% pa over the base rate from time to time of Lloyds TSB Bank plc will be charged upon any balance due which remains unpaid 10 days after invoice date (both before and after judgment).

13. (1) Our charges are a minimum of 10 Blocks purchase. Blocks not used in Month 1 may be rolled only to Month 2. Roll over blocks will carry for one month and be used after current month’s blocks. E.g. new blocks are used before carry over of old blocks.  Month 1 blocks not used after Month 2 will be deemed irretrievable.

(2) Additional blocks may be purchased at any time during the month to cover services. We will advise you when only a small amount of block (s) are remaining and request additional blocks be set against your account. Additional blocks are charged at current and relevant block rates.

(3) Additional blocks are paid (1) by direct payment into our business accounts by web transaction or (2) payment direct from funds in your Client Holding Account or (3) against our invoice which will carry payment terms of 5 working days. Continual additional block top-ups will instigate a request to increase your standing order block payments. Interest at 2% pa over the base rate from time to time of Lloyds TSB Bank plc will be charged upon any balance due which remains unpaid 14 days after invoice date (both before and after judgment).

(4) Should we hold funds for you in our Client Account, we reserve the right to deem these funds available against non-payment of outstanding invoices after 20 working days from date of invoice.

14. Any complaint you wish to make about the performance or conduct of a supplier should be addressed to the supplier. We would however, request you to notify us of any such complaint, since it would assist us in assessing, for future use, the adequacy of the supplier as a provider of the relevant services.

15. We endeavour to provide a high quality service to you in carrying out our tasks. If you are unhappy at any time about how we perform our tasks for you, please contact the managing director at our main office address, and we would seek to investigate any such complaint as soon as reasonably practicable and report back to you. This does not affect your statutory rights.

16. CANCELLATION & COOLING-OFF PERIOD

(1) You have received a copy of this agreement before our tasks have been performed. You have a right to cancel this agreement within one week of the signing date or before the standing order has been set up and funds received into our account from you. Until cleared funds are received, we will not commence any tasks on your behalf.

(2) An initial registration fee and administration fee will be chargeable based on the set up of all your details, clearance by our Bank and a personal meeting at a mutually convenient venue to discuss your requirements. This one-off fee will be charged at 3 Blocks from commencement of the agreement. This registration and administration fee is non-refundable upon cancellation.

(3) If you wish to cancel, you must notify us in writing please, at the office address of PO Box 224, Winsford, Cheshire, CW7 9DB, so that we receive it before investigation as to why your standing order has not been instigated.

(4) If you cancel your agreement we reserve the right to (i) charge you the registration and administration fees (ii) recover from you any money paid by us to a supplier in relation to advance services you have requested (iii) recover any money paid by us for goods reasonably required in the procurement of the services or the carrying out of future tasks (e.g. price of theatre ticket).

(5) We reserve the right to cancel this agreement at least a week before the intended date of performance of the services, without giving reasons, or we shall use reasonable endeavours to notify you of any such cancellation as soon as reasonably practicable to do so.

17. (1) We may make a search in relation to your financial status with a credit reference agency, which will keep a record of that search and may share that information with other businesses. If you are a company we may also make similar enquiries about your directors.

(2) Save to the extent that disclosure might be required by law, we shall keep confidential to you all information about you and we shall not disclose any information about you to any other party except to a supplier to the extent that such disclosure is necessary to enable the supplier to perform the services.  We are registered under The Data Protection Act.

(3) We may monitor visits to our website and retain information about you (e.g. the use of cookies and other computer-held or computer-generated data).

18. Any notice or communication which is given under the terms of this agreement or in relation to our tasks shall be served by first-class post (in the case of a notice being sent to us, to our main office address) and shall be deemed to have been received on the second working day after posting, or by fax or email which shall be deemed to be received on the day of transmission if sent before 4pm or the next working day if sent after 4pm.

19. If any of provisions of this agreement are unenforceable such provisions shall be severed from this agreement and the remainder of the provisions shall remain in full force and effect. This agreement shall be construed in accordance with English law and we and you agree to submit to the non-exclusive jurisdiction of the English courts.

20. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement. We may assign our rights and obligations under this agreement. You may not assign your rights and obligations under this agreement.