HELPAPPY TERMS AND CONDITIONS OF SERVICE

1. IMPORTANT NOTICE

We do not require a signed agreement from you. Your use of any services or resources provided by us, including this website, denote your complete agreement with and acceptance of these terms and conditions.

2. DEFINITIONS

3. THESE TERMS

3.1. These are the terms and conditions on which we supply our Services to you.

3.2. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

4. INFORMATION ABOUT US AND HOW TO CONTACT US

4.1. We are Helpappy Limited a company registered in England and Wales. Our company registration number is 11034424 and our registered office is at 167 Uxbridge Road, London, United Kingdom, W7 3TH.

4.2. You can contact us at the following email address: [email protected] or at the above postal address.

5. ORDERING

5.1. All orders for Services shall be deemed to be an offer by the Client to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by Helpappy. Helpappy may choose not to accept an order for any reason. Our acceptance of your order will take place when we write to you to accept it or start providing the Service (whichever is earlier), at which point a contract will come into existence between you and us. If we cannot accept your order or if we are unable to accept your order, we will inform you of this and will not charge you for the Service.

6. LIABILITY OF HELPAPPY AND OUR PAS

6.1. Helpappy is a personal assistant service. Our Helpappy PAs will assist you in finding goods and services from third parties (“Third Party Goods or Services”). When you decide to purchase Third Party Goods or Services, you enter into a new contract with that third party and you are doing so at your own risk. Although a Helpappy PA may suggest Third Party Goods or Services to you and may purchase these on your behalf, you agree that you have done your own due diligence on the goods and/or services and the terms attached to and have independently decided to purchase such goods or services. Helpappy does not warrant or guarantee the quality of any Third Party Goods or Service. Neither Helpappy nor any Helpappy PA is liable for:

6.1.1. the quality of such goods or services;

6.1.2. the goods or services not being to your satisfaction;

6.1.3. any failure in the delivery of a service; or

6.1.4. any failure of goods to arrive.

6.2. Our Helpappy PAs will assist you with your life admin but you remain ultimately responsible for any life admin carried out on your behalf by a Helpappy PA. Neither Helpappy nor any Helpappy PA is liable for any direct or indirect losses that you incur as a result of an error made by a Helpappy or any Helpappy PA.

6.3. Our Helpappy PAs can save you time by researching various life admin tasks for you e.g. finding you a holiday, nanny, tradesperson. However, we cannot guarantee that we will be able to find any of these things. Helpappy’s hourly rate is payable regardless of whether you end up booking that holiday or find a nanny etc.

7. PAYMENT AND PRICING

7.1. The price of the Services shall be that stipulated on the Signup form, or may be customised to the Client’s needs by agreement between Helpappy and the Client.

7.2. Our invoices are payable upon receipt. If any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and Helpappy will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.

7.3. Interest on late payments will be charged once your invoice is 5 working days overdue at a rate of 1% on the total amount due per day.

7.4. Helpappy reserves the right to refer unpaid and overdue invoices to an accredited debt collector of Helpappy’s choosing, which may incur additional fees.

7.5. Subscription fees are taken on the Client’s Bill day at the beginning of the monthly period. The Client’s subscription will automatically renew on the Client’s Bill day or following 100% utilisation of the Client’s Subscription (whichever date is earlier) unless you give written notice to Helpappy in accordance with clauses 8.3 or 8.4 below.

7.6. Fees for additional work requested by the Client are due prior to any additional work commencing and can be made via Stripe, credit or debit card or Direct Debit.

7.7. Refunds are available solely at the discretion of Helpappy.

7.8. The named account holder agrees to personally guarantee and underwrite all and any debts owed to Helpappy in the course of our relationship. By entering into this agreement you agree that we can recover all and any debts outstanding from you personally in the event that your trading entity, regardless of form, fails to settle the debts directly with Helpappy.

8. PERFORMANCE AND TERMINATION

8.1. Helpappy shall perform the Services with reasonable skill and care. However, Helpappy does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all.

8.2. The Services shall continue indefinitely unless and until terminated in accordance with clauses 8.3 and 8.4.

8.3. Either party may terminate this agreement (as regards some or all of the Services) for any reason by providing written notice.

8.4. During the first 30 days, cancellation shall be deemed to take effect immediately upon receipt of the written notice. After the first 30 days, cancellation shall be deemed to take effect 30 days after the Customer’s next Bill day following receipt by Helpappy of the written notice.

8.5. Any payments due following cancellation shall remain payable.

8.6. Should the Client terminate the account, account information will be required for account security purposes. After the end of the paid-for period, the Client will have no further access to the account and all data relating to the Client will be deleted in accordance with Helpappy’s privacy policy.

8.7. Helpappy may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice if the Client breaches any term of this agreement, and any payment due remains payable and, if already paid, will be non-refundable.

8.8. Helpappy may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services should the Client become financially insolvent.

8.9. The Client may not use the Service to arrange or carry on any illegal or immoral activity.

8.10. The Client agrees that Helpappy is not a recruitment agency or introducer and does not search or specifically select staff or third parties on behalf of the Client and therefore relevant recruitment agency laws and regulations do not apply to Helpappy.

9. RIGHTS OF HELPAPPY

9.1. Helpappy reserves the right to periodically update any prices shown on the Website, which cannot be guaranteed for any period of time. Helpappy shall make every effort to ensure any prices shown are correct at the point at which the Client places an order.

9.2. If Helpappy updates the price paid by an existing Client, notice shall be provided to the email address held on record for the account no less than one full month prior to the change taking effect.

9.3. Helpappy reserves the right to withdraw the Services from the Website at any time.

9.4. Helpappy shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.

10. AGE OF CONSENT

10.1. Where the Services provided involve the purchase of articles which may only be purchased by persons of a certain age the Client will be asked when placing the order to declare that they are of the appropriate legal age to purchase the articles.

10.2. If Helpappy discovers that the Client is not legally entitled to order certain Services or articles, Helpappy shall be entitled to cancel the order immediately, without notice.

11. CANCELLATION WHEN BUYING AS A CONSUMER

11.1. If purchasing as a Consumer the Client has the right to cancel the Contract, by notice in writing, at any time before seven working days has passed from the day after the Contract was made. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Client before the Client exercises this right to cancel, the right to cancel is lost.

12. LIMITATION OF LIABILITY

12.1. Except as may be mandated by statute where the Client is dealing as a Consumer, in the event of any breach of these Terms and Conditions by Helpappy the remedies of the Client shall be limited to damages, which shall in no circumstances exceed the regular monthly subscription price of the Services paid by the Client in the preceding 3 months and Helpappy shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

12.2. To the extent permitted by law, Helpappy shall not be liable to the Client save as expressly provided for in this agreement and shall have no other obligations, duties or liabilities whatsoever in contract, tort or otherwise to the Client, specifically:

12.2.1. Helpappy will not be responsible for any damages the Client’s business may suffer;

12.2.2. Helpappy makes no warranties of any kind, expressed or implied for the services provided; and

12.2.3. Helpappy disclaims any warranty or merchantability or fitness for a particular purpose.

13. WAIVER

13.1. No waiver by Helpappy (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.

14. FORCE MAJEURE

14.1. Helpappy shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, flood or failure of any communications, telecommunications or computer system, and Helpappy shall be entitled to a reasonable extension of its obligations.

15. SEVERANCE

15.1. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

16. CHANGES TO TERMS AND CONDITIONS

16.1. Helpappy shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Client upon making a purchase until the Client’s monthly renewal of the Services occurs.

16.2. Monthly renewal by the Client of the Services will be deemed acceptance of Helpappy’s then current Terms and Conditions.

17. OTHER IMPORTANT TERMS

17.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

17.2. The Client will notify Helpappy immediately if the security of their account has been compromised.

17.3. The Client or any of its officers, employees or associates may not at any time (either during or within one year of the last provision of service by Helpappy to the Client contract with, employ, reward or pay (either directly or indirectly) any Helpappy PA (who has supplied the Services to the Client in the year preceding the last provision of service by Helpappy to the Client). Should the Client or any of its officers, employees or associates breach this term, a fee of the greater of £3,500 or 12.5% of Helpappy’s annual total cost to the Client will become payable to Helpappy immediately. Helpappy will invoice the Client for this fee if it has a reasonable suspicion that the Client is in breach of this agreement, if the Client provides evidence in writing that this agreement has not been breached Helpappy will cancel the invoice.

17.4. Each of the provisions in these Terms and Conditions are separate and severable and, in the event of any such provision being determined as being unenforceable in whole or in part for any reason, such unenforceability shall not affect the enforceability of the remaining provisions or, in the case of part of a provision being unenforceable, the remainder of that provision.

17.5. No term of these Terms and Conditions are enforceable against Helpappy under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to these Terms and Conditions.

17.6. These Terms and Conditions constitute the whole contract between Helpappy and the Client. The Client confirms that, except as provided in these Terms and Conditions, you have not relied on any representation, warranty, assurance, covenant, indemnity, undertaking or commitment which is not contained in these Terms and Conditions and, without prejudice to any liability for fraudulent misrepresentation or fraudulent misstatement;

17.6.1. the only rights or remedies in relation to any representation, warranty, assurance, covenant, indemnity, undertaking or commitment given or action taken in connection with these Terms and Conditions are contained in these Terms and Conditions; and

17.6.2. for the avoidance of doubt and without limitation, you have no right or remedy (whether by way of a claim for contribution or otherwise) in tort (including negligence) or for misrepresentation (whether negligent or otherwise, and whether made prior to, and/or in, these Terms and Conditions).

17.7. These Terms and Conditions shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts.