N.R. (Bath, Somerset)
I had a tight schedule to declutter and organise my parents' dilapidated holiday home, which felt extremely daunting. Kim was brilliant at helping me prioritize jobs so that each phase was broken down into manageable parts. This started from establishing which area of the house to tackle first and helping me identifying things to keep, in a considered but practical way, sorting meticulously and systematically so I was clear where things had gone. She enabled me to make decisions about items of emotional value, calmly attuning to my need to reminisce, while not allowing us to be too diverted from the job in its entirety.
I am not a completer/finisher and so having Kim’s practical approach to clearing an area and organising the tip trips felt reassuring and I was astonished we were able to achieve so much in a short period of time. Kim has excellent attention to detail, and calm supportive demeanour, which turned a potential ordeal into a manageable and satisfying experience.
Please read all Terms and Conditions, sign and return the
simply live
STANDARD SERVICE TERMS AND CONDITIONS
Background
These Terms and Conditions are the standard terms for the provision of services by Kim Tran, trading as Simply Live.
1. Definitions and Interpretation
1.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Day” means any day of the year;
“Contract” means the contract for the provision of Services, as explained in Clause 3;
“Deposit” means an advance payment made to me under sub-Clause 5.2;
“Month” means a calendar month;
“Price” means the price payable for the Services;
“Services” means the services which I provide to you as specified in your Order (and confirmed in Our Order Confirmation);
“Order” means your order for the Services as attached;
“Order Confirmation” means my acceptance and confirmation of your Order as described in Clause 3;
“I/Me/My” means Kim Tran t/a Simply Live (kim@simplylive.life)
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, or other means.
2. Information About Me
2.1 I am a sole trader and will be responsible for all services provided unless otherwise agreed with you. I hold full Professional Indemnity and Public Liability Insurance cover for my services
2.2 I am a member of the Association of Professional Declutterers and Organisers (“APDO”) and comply with its Code of Ethics.
3. The Contract
3.1 These Terms and Conditions govern the sale and provision of the Services I provide to you and will form the basis of the Contract between us. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please get in touch.
3.2 Any material I may have provided previously, including material on my website, price lists, proposals or similar does not form part of the Contract. Only your Order constitutes a contractual offer that I may, at my discretion, accept.
3.3 The Order Confirmation, which I will send you in writing, creates a legally binding contract between us.
3.4 Before we enter into the Contract, I will generally provide you with a written summary of the work I plan to undertake for you, the Price (if I am able to do so in advance, or if not, the hourly rate I intend to charge together with a time estimate), the arrangements for payment and any other relevant details.
4. Orders
4.1 All Orders for Services made by you will be subject to these Terms and Conditions.
4.2 You may change your Order at any time before I begin providing the Services by contacting me.
4.3 If your Order changes, I will inform you of any change to the Price in writing.
4.4 You may cancel your Order at any time up to 7 days before the date I am due to start providing the Services. If you wish to cancel the Services after this time period, or once I have begun providing the Services, please refer to Clause 10.
4.5 I may cancel your Order at any time before I begin providing the Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of my reasonable control. If I need to cancel, I will inform you as soon as is reasonably possible. If you have made any payments under Clause 5 (including, but not limited to the Deposit), I will refund you as soon as is reasonably possible, and in any event within 14 days of informing you of the cancellation. Cancellations will be confirmed in writing.
5. Price and Payment
5.1 The Price will be based on my hourly or daily rates as set out here: Pricing. I may change my rates from time to time but any changes will not affect Orders that I have already accepted.
5.2 Before I begin providing the Services, I may ask you to pay a Deposit of 50% of the total Price to secure your booking. The due date for payment of your Deposit will be included in the Order Confirmation.
5.3 In certain circumstances, if your Order is cancelled, your Deposit will be refunded in full or in part. The amount due will be calculated based upon my hourly or daily rates and the amount of work (if any) already undertaken. Please refer to sub-Clauses 4.4 and 4.5 if your Order is cancelled before the Services begin, or to Clause 10 if the Services are cancelled after they have begun.
5.4 The balance of the Price will be payable on completion of the Services or cancellation of the Services under clause 10.
5.5 We accept the following methods of payment:
5.5.1 cheque; All cheques should be made payable to Kim Tran.
5.5.2 debit or credit card; and
5.5.3 BACS transfer to my bank account (please refer to the Order Confirmation for bank details).
5.6 If you do not pay me by the due date on my invoice, I may charge you interest on the overdue sum at the rate of 2% per annum above the base lending rate of Barclays Bank Plc from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.
6. Providing the Services
6.1 I will provide the Services with reasonable skill and care, consistent with APDO standards and in accordance with any requirements agreed between us as part of your Order.
6.2 I will begin providing the Services on the date confirmed in the Order Confirmation for the period agreed (if any).
6.3 I will make every reasonable effort to complete the Services on time (and in accordance with your Order) except where events outside of my control occur, for which see Clause 9 below.
6.4 If I need any information or action from you in order to provide the Services, I will tell you as soon as is reasonably possible. If you do not provide the complete and correct information or fail to take the action required, I will not be responsible for any delay caused as a result. If I need to do additional work to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, I may charge you a reasonable additional sum for that work.
6.5 By making your Order, you agree that any decision to dispose of any item in accordance with my advice under the Services is yours and yours alone. You further acknowledge that I am not a valuer and cannot advise you on the value of any of your property which may be the subject of advice as part of the Services.
6.6 If you do not pay for the Services as required by Clause 5, I may stop providing the Services until you have paid all outstanding sums due or cancel your Order in accordance with sub-clause 10.4. If this happens, I will inform you in writing. This does not affect my right to charge you interest under sub-Clause 5.6.
6.7 As part of the Services, I am generally happy to help move small items to more appropriate locations. However, I cannot lift or move heavy items and if that is required, you must seek additional assistance. Similarly, I will not handle, pack or move high-value items and you agree to identify any such items to me.
7. Problems with the Services and Your Legal Rights
7.1 I will always to do my best to ensure that you are happy with the result of the Services. If, however, there is a problem, let me know and I will attempt to put things right as soon as reasonably possible.
7.2 As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, you should contact your local Citizens Advice Bureau or Trading Standards Office.
8. My Liability
8.1 I will be responsible for any foreseeable loss or damage that you may suffer as a result of a breach of these Terms and Conditions or as a result of my negligence (including that of any employees, agents or sub-contractors I may use to help me provide the Services). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created. I will not be responsible for any loss or damage that is not foreseeable.
8.2 I provide the Services for domestic and private purposes only. I make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. By making your Order, you agree that you will not use the Services for such purposes. I will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
8.3 Nothing in these Terms and Conditions seeks to exclude or limit my liability for death or personal injury caused by my negligence (including that of my employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
8.4 Nothing in these Terms and Conditions seeks to exclude or limit my liability for failing to perform the Services with reasonable care and skill or in accordance with information I have provided about the Services.
8.5 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
9. Events Outside of Our Control (Force Majeure)
9.1 I will not be liable for any failure or delay in performing my obligations under the Contract where that failure or delay results from any cause that is beyond my reasonable control. Such causes include, but are not limited to power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other [A15] natural disaster, or any other event that is beyond my reasonable control.
9.2 If any event described under this Clause 9 occurs that is likely to adversely affect my performance of any of my obligations under the Contract, I will let you know as soon as reasonably possible. We may then agree to amend your Order or cancel it in accordance with clause 10 below.
10. Cancellation
10.1 If you wish to cancel your Order for the Services before the Services begin, you may do so under sub-Clause 4.4. If you have paid for any Services I have not yet provided, I will refund you as soon as is reasonably possible, and in any event within 14 days of accepting your cancellation. Travel charges or other expenses paid in advance for which I cannot obtain refunds are not refundable in any circumstances and will be invoiced to you at the time of cancellation.
10.2 If you wish to cancel within 7 days of the date I am due to start providing the Services, or once I have begun providing the Services, you may do so by giving me written notice to kim@simplylive.life If I have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you. If no refund is due, I will invoice you for those sums and you will be required to make payment in accordance with Clause 5.
10.3 If you cancel within 7 days before the date I am due to start providing the Services, in addition to the cost of any travel expenses or other expenses I have paid in advance, I may deduct from any refund due to you a sum representing 25% of the Price or two days at my current daily rate, whichever is the lesser. If no refund is due to you, I may invoice you the same amount (or the balance of any amount due) together with the cost of any travel expenses or other expenses I have paid in advance.
10.4 If I cancel the Services and the Contract under sub-clauses 4.5 or 6.6 or after I have begun providing the Services, I will tell you in writing as soon as is reasonably possible. If you have paid for any Services I have not yet provided, I will refund you as soon as is reasonably possible, and in any event within 14 days of my cancellation notice, less the cost of any travel charges or other expenses paid in advance for which I cannot obtain refunds. If I have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, I will invoice you for those sums and you will be required to make payment in accordance with Clause 5.
11. Communication and Contact Details
11.1 If you would like to contact me at any time, please do so by telephone at 07376 861379 or by email at kim@simplylive.life (and please use the email address in any instance where you need to contact me in writing, such as when you wish to cancel an Order).
12. Complaints and Feedback
12.1 I always welcome feedback and I want your experience with Simply Live to be a positive one. Even so, I want to hear from you if you have any cause for complaint. Please ring me or email using the contact details above.
12.2 Testimonials are welcomed for use on my website but these will only be used with your specific permission and personal details will not appear’
13. How We Use Your Personal Information (Data Protection)
13.1 All personal information that I use will be collected, processed and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
13.2 For complete details of my collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to my Privacy Notice at [insert link to Privacy Notice].
14. Other Important Terms
14.1 I may transfer (assign) my obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if I sell Simply Live. If this occurs I will tell you and your rights under these Terms and Conditions will not be affected. My obligations under these Terms and Conditions will be transferred to the third party
14.2 The Contract is between me and you. It is not intended to benefit any other person or a third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
14.3 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
14.4 If I fail to or delay in exercising any of my rights under these Terms and Conditions, that does not mean that I have waived that right. Similarly, if I waive any breach of any provision of these Terms and Conditions, that does not mean that I will waive any subsequent breach of the same or any other provision.
15. Governing Law and Jurisdiction
15.1 These Terms and Conditions, the Contract, and the relationship between us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
15.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 15.1 above takes away or reduces your rights as a consumer to rely on those provisions.
15.3 Any dispute or claim between us relating to these Terms and Conditions, the Contract, or the relationship between us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by where you live.