Terms & Conditions
for
Decluttering & Organising
These Terms and Conditions are standard terms that apply:
1. To the booking and provision for You or any Services (as defined in Clause 1 below) by Jennifer Neal T/A Organise with Jen of Clyde Offices, 2nd Floor, 48 West George Street, Glasgow, G2 1BP (“the Organiser”)
2. where the client is a “Consumer” as defined by the Consumer Rights Act 2015.
1. Definitions
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Consumer”
means an individual customer who purchases the Services for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession;
“Confidential Information”
means information which is disclosed to the Organiser pursuant to or in connection with these T&Cs (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);
“Supervisory Authority”
means the Information Commissioner, the Information Commissioner’s Office, the European Data Protection Board, any EU supervisory authority, or any other data protection or privacy regulator with jurisdiction over the Processing of Personal Data under these T&Cst or any Assignment;
“Services”
means provision of organising and decluttering services detailed in Schedule 1 of these T&Cs;
“Fee(s)”
means the fee payable for the Services in accordance with Clause 6 and Schedule 1;
“Communication Platform”
means a facility to enable remote Services to take place over the internet including any platforms such as Zoom, Whatsapp, FaceTime or Kajabi with the preferred communication method being detailed in Schedule 1; and
“Controller”, “Processor”, “Data Subject”, “Personal Data”, “Personal Data Breach”, “Processing” and “Special Category Personal Data”
shall have the meanings given to them in the applicable Data Protection Legislation;
The headings used in these T&Cs are for convenience only and shall have no effect upon the interpretation of these T&Cs.
2. Working with the Organiser
2.1 The Customer hereby engages the Organiser to provide the Services as defined in Schedule 1 of these T&Cs. A contract shall be created upon your acceptance of these T&Cs. Acceptance shall be deemed upon (a) you confirming in writing that you agree to the same; or (b) you making any form of payment for the Services to commence; or (c) you asking us to commence any Services.
2.2 The Organiser is a member of the Association of Professional Declutterers and Organisers and as such will adhere to their Conditions of Membership. The Organiser will ensure that they have in place suitable insurance to cover the Services namely professional indemnity and public liability.
3. The Services Provided
3.1 The Organiser shall provide the Services as outlined in Schedule 1 to the Customer. Where the Organiser provides the Services remotely (as identified in Schedule 1) they will do so using a Communication Platform. Any Services carried out by means of this method will be subject to the additional terms detailed in Schedule 2 of these T&Cs. Where the Services are provided remotely the Organiser shall not be liable for any defects caused by third party programs or software that may be used in the course of carrying out the Services. This includes, but is not limited to, any Communication Platform used to facilitate the Services.
3.2 The Customer understands that in instructing the Organiser that their involvement will be key in achieving any desired results. The Organiser will support the Customer in developing a plan to achieve their desired results as well as assisting with putting that action plan into place, including assisting physically with decluttering and organising. Where the Organiser assists with the physical act of decluttering or organising the Services do not amount to that of a cleaning service. The Organiser will not move or be responsible for moving bulky items, furniture, items that pose a health risk nor any antiques. Ultimately the Customer is responsible for implementing any action plan.
3.3 Decluttering and organising is a comprehensive process. It is not, unless otherwise agreed, just physically decluttering and organising. In order to achieve results, and to ensure better practices for the future, positive processes are needed. This may involve looking at all aspects of the Customer’s life including work, finances, health, relationships, education and hobbies. By asking the Organiser to commence the Services the Customer agrees to provide relevant information in order to achieve the maximum benefit from the Services.
3.4 As part of the Services the Organiser may have sight of sensitive information. This includes, but is not limited to, health information, financial information, personal correspondence or other personal information. The Organiser agrees to treat such information in accordance with Clause 10.
3.5 In the event that the Organiser suggests third party professionals (including websites, cleaning service, shops and government agencies) to assist the Customer they do so on the following basis:
– It is a suggestion and not a recommendation. The Customer will be contracting directly with those third parties and the Organiser has no responsibility or liability for the work they do. The Customer will be personally liable for the third party fees.
3.6 Where the Services puts into place any action plan the Customer is responsible for ensuring the safety of themselves and others. If the Services include looking at healthy habits (including eating and exercising) or financial practices it does not amount to professional advice. Should you look at implementing any healthy habits or financial practices you should seek advice from a duly authorised professional such as a health professional, for healthy habits or an accountant or financial adviser for financial practices.
3.7 The Customer understands that they are ultimately responsible for any items which are removed from their property or space. In the event the Customer instructs the Organiser to distribute items to charity, the Organiser takes no responsibility for the retrieval of the same should the Customer change their mind.
4. Access to Information and Health and Safety
4.1 The Customer agrees to inform the Organiser, prior to the provision of the Services, of any relevant medical information or other condition affecting them which might be relevant in the delivery of the Services.
4.2 When the Services are carried out in person at the Customer’s premises, the Customer must ensure the premises are safe for the Organiser or any visitors. Any access issues must be disclosed before the Organiser’s attendance.
4.3 Where the Organiser is not provided with the information referred to in Clause 4.1 or 4.2 above, the Organiser reserves their right to cease providing the Services immediately.
5. Your Obligations
5.1 In order to get the most out of the Services the Customer must provide any relevant information. The Organiser understands that some information may be difficult to share, given the Customer’s personal circumstances, but nonetheless it is important to disclose all relevant information to achieve any desired results.
5.2 The Organiser shall not be liable for any delays in the provision of the Services that may result from the Customer’s failure to comply with any of its obligations under these T&Cs.
6. Fees
6.1 The Customer, in instructing the Organiser to undertake the Services will be liable for the Fees identified in Schedule 1. Any payments required to be made pursuant to these T&Cs by the Customer shall be made in cleared funds in Great British Pounds by the method stipulated in Schedule 1. All payments shall be expressly exclusive of value added tax.
6.2 Any sums which remain unpaid shall incur interest on a daily basis at 8% above the base rate of the Bank of England from time to time until payment is made in full of any such outstanding sums.
7. Cancellation and Rescheduling
7.1 By asking the Organiser to undertake the Services the Customer agrees for the sessions to take place as detailed in Schedule 1; and/or as agreed with the Organiser from time to time and detailed in writing. Where the Customer the contract created by these T&Cs, they will not be entitled to any refund of the Fees paid, save for where they can exercise their right to the cooling-off period detailed in Clause 11.
Rescheduling
7.2 The Customer may reschedule any session time. However, where the Customer cancels any session with less than 24 hours’ written notice, the Fee paid for that session will not be refunded. Sessions rescheduled with more than 24 hours’ written notice may be rescheduled to another date and time, which must take place within 28 days of the originally agreed session date and time. The Organiser reserves the right to limit further rescheduling where this becomes excessive or unreasonable.
7.3 The Organiser may cancel a session time and date if they are not available, due to sickness or another reason. Any cancelled session which cannot be rescheduled, but has been paid for, will be refunded to the Customer.
8. How You May Use Our Content
Where the Organiser provides any written material, videos or other content they shall retain the rights in the same. The Customer may only use such content for their own personal use. It may not be used for commercial purposes without first obtaining consent from the Organiser.
9. Our Liability
The Organiser shall not be liable for any loss of profit, indirect, special or consequential loss or damages. Nothing in these T&Cs shall exclude or limit either party’s liability for death or personal injury resulting from its negligence, fraud or fraudulent misrepresentation.
10. Confidentiality, discretion and photography
10.1 The Organiser will ask, upon instructions to undertake the Services, for the Customer to provide emergency contact details. Where providing such details the Customer agrees that the Organiser may contact the Customer’s emergency contacts in the event that they have concerns for the Customer’s welfare, health or safety.
10.2 The Organiser undertakes to keep personal information confidential save for in the following circumstances:
10.2.1 If a Customer poses a risk to themselves or others then information in respect of the same will be shared with any relevant authority which includes, but is not limited to, medical professionals and the police.
10.2.2 it may be shared with a sub-contractor, employee, supplier or someone working with the Organiser where it is necessary to provide the Services under these T&Cs;
10.2.3 it may be shared with any governmental or other authority or regulatory body;
10.2.4 it may be shared with the Customer’s emergency contact; or
10.2.5 where their address is provided to the Organiser’s third party in accordance with Clause 10.4.
10.3 The Organiser may, where appropriate and with the Customer’s verbal or written consent on the day, take photographs and/or video footage at the beginning, during and end of any session. Photographs, video footage and testimonials will only be used for marketing purposes where the Customer gives explicit written consent outside of these T&Cs. For the avoidance of doubt, any testimonial will be anonymised or a different name used. Any photographs or video footage used will not show any personal identifying information of the Customer.
10.4 When providing Services at the Customer’s premises, the Organiser may share their location with a trusted third party and activate location settings on their phone. This information will only be used if there are concerns for the Organiser’s health or safety. The third party agrees to keep this information secure and confidential unless sharing it with medical professionals, police, or other authorities is necessary.
10.5 Where the Services are carried out in person, at the Customer’s address, the Organiser will ensure that they do not arrive at the Customer’s location in a marked vehicle.
11. Length of Contract, How to End the Contract and What Happens After The Contract Ends
11.1 Your request for the Organiser to undertake the Services shall create a legally binding contract in accordance with these T&Cs. The contract shall be for an initial period of 12 months and thereafter roll into a 12 monthly rolling contract until terminated by means of completion of the Services or in accordance with Clauses 11.2 and 11.3.
11.2 If these T&Cs are entered into remotely as a Consumer (i.e. not in person), the Customer has a legal right to a 14-day “cooling-off” period to cancel for any reason and receive a refund. This period starts when you request the Organise to undertake the Services and ends either after 14 calendar days or when the Services begin, whichever comes first.
11.3 After the cooling-off period, the Customer may cancel Services by giving to the Organiser notice in writing of at least 7 days. The Organiser may terminate the contract brought about by these T&Cs in accordance with Clause 4.3 or by giving the Customer notice in writing of at least 7 days.
12. Miscellaneous
12.1 In the event that something unforeseen happens outside of the Organiser’s control (e.g. power failure, flood, internet failure, pandemic etc) which prevents the Services agreed to under these T&Cs being carried out the Organiser may, by giving 7 days written notice, end the contract created by these T&Cs.
12.2 In the event that the Organiser chooses not to enforce a particular point in these T&Cs at any time they shall not be barred from relying on the same in future.
12.3 In the event that one or more of the points in these T&Cs is found to be unlawful, invalid or otherwise unenforceable the remainder of these T&Cs shall be valid.
12.4 All personal data that Organiser may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation (laws) and the Customer’s rights thereunder. Where we process personal data on your behalf Schedule 3 shall apply.
13. The Law
These T&Cs shall be governed by the laws of Scotland. As a Consumer you will benefit from any mandatory provisions of the law in your country of residence. Any dispute, controversy, proceedings or claim relating to these T&Cs or the relationship between the Customer and the Organiser (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England & Wales, Scotland, or Northern Ireland, as determined by the Customer’s residency.
SCHEDULE 1
Services
The Organiser will provide in-person decluttering, organising and styling services at the Customer’s home, or virtual decluttering, organising and styling coaching by means of WhatsApp Video or FaceTime. For in-home decluttering projects, the Customer must be present; the Customer does not need to be present for in-home organising or styling services.
Sessions are available as a Mini Session (2 hours), Half Day (3 hours), Full Day (6 hours), or as part of a 12-hour or 24-hour flexi-package used across multiple sessions. Virtual sessions are available as a single 60-minute session or a block of 4 x 60-minute sessions. Session dates and times will be agreed in advance between the Organiser and the Customer.
The Organiser will guide and support the Customer in deciding what to keep and what to remove; the Customer is under no obligation to discard any item and all such decisions remain with the Customer.
The Organiser carries a stock of commonly used small organising products and will bring relevant items to each session as appropriate to the project. Where additional or bespoke storage solutions are required, the Organiser can recommend suitable products, sizes and measurements if the Customer wishes, with the Customer responsible for purchasing and arranging delivery of these items. The Customer should not purchase storage products in advance of a decluttering session, as appropriate storage solutions can only be determined once decluttering is complete.
The Organiser and Customer agree to communicate, for the purposes of the Services, by means of WhatsApp Communication Platform.
The Services will be carried out in-person at the Customer’s address as confirmed at booking, or remotely by means of WhatsApp Video or FaceTime Communication Platform.
Travel beyond 20 miles of the Organiser’s base will incur additional charges, as set out in the Fees section below.
Fees
1. The Services are chargeable at an hourly rate of £50. Where the Customer purchases a 12 hour package, with payment made and dates booked in advance, the Customer will be entitled to the hourly rate of £45. Where the Customer purchases a 24 hour package, with payment made and dates booked in advance, the Customer will be entitled to the hourly rate of £42.50.
2 The Customer will be invoiced no less than 5 working days in advance of each session, or the first session of a package. Payment is required in full no less than 24 hours in advance of each session, or the first session of a package. Where payment has not been received in accordance with this clause, the Organiser reserves the right to postpone or cancel the session until payment is received in full.
3. Where the Services take place more than 20 miles from the Organiser’s base in Kilmarnock, travel expenses will be payable at the rate of 55p per mile. Where a single journey exceeds 1 hour, the Customer will also be liable to pay 50% of the Organiser’s hourly rate for the additional travel time.
4. Payment shall be made by direct bank transfer or PayPal to the nominated account on the invoice.
5. The Organiser may, following no less than 30 days’ prior written notice to the Customer, adjust the fees agreed in point 1 of this Schedule 1.
6. The Organiser and Customer may agree additional Services to those detailed above. Any additional Services will be provided in accordance with these T&Cs and chargeable at the rate quoted by the Organiser in written correspondence.
Payment of Fees must be made to such bank in Scotland as the Organiser has detailed on the invoice, or by means of the nominated payment processor PayPal as detailed on the invoice.
SCHEDULE 2
Where any session takes place remotely they will be subject to these additional Terms and Conditions namely:
1. Use of the Communication Platform to access the Services
The Services will be facilitated by means of online technology which allows the Organiser to provide the Services and any content provided the Customer has the appropriate technology (see below) to receive content. For this purpose, the Organiser uses WhatsApp Video or FaceTime, or a similar platform such as Zoom or Kajabi. In such cases the remainder of this Schedule 2 applies to the Services.
2. The technology the Organiser will be responsible for providing
The Organiser will subscribe to any relevant Communication Platform and pay any necessary fees to maintain those subscriptions. It will enable the Organiser to act as ‘host’ and to provide the Services to the Customer over the internet. The Customer will not need to pay any fee or charge to use the relevant app or join that session: The Customer will only need to pay for the Services made available to them.
The Organiser does not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or any other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable the Customer to use the Communication Platform. The Organiser does not supply or make available the Communication Platform used for the Customer to access any Services or content. The Organiser does not act as agent or otherwise on behalf of the Communication Platform or any other third party platform provider. The Organiser is not a party to any Customer downloads and use of that platform. The Organiser will have no responsibility or liability for use of any third party platform provider. Such use of those platforms will be subject to and governed by the terms and conditions and privacy policy of the Communication Platform or other third party provider of that platform.
3. The technology and other items that the Customer will be responsible for providing
It is the Customer’s responsibility to ensure that they have access to, and familiarity with, all necessary technology so that they can receive and participate in the Services via the Communication Platform.
The Customer will need to ensure access to and use of the following non-exhaustive list of facilities for this purpose:
– An appropriate functioning Device which is adequately charged.
– An up to date Communication Platform where applicable. It will need to be downloaded to their Device, and installed and working fully and correctly on their Device, so that they can receive the Services.
– Stable, reliable, internet access with adequate speed.
4. Scope of what the Organiser makes available to access
The Organiser does not claim to have any expertise or skill in relation to any technology required for the purpose of receiving the Services. However, requests may be made, either before or during any session of the Services, and without charge, in the form of suggestions in good faith to resolve any problem with that technology reported, but it will not be in the nature of advice to the Customer. The Organiser does not therefore take on any responsibility or accept any liability if the suggestion does not help to resolve any problem or if by following any such suggestion further problems, loss or damage to a Device, digital content or any other technology fails to resolve the issue.
The Organiser may, if requested, assist with apps and email communication platforms. However, they are not experts with regard to the same and will only make suggestions. The Customer is responsible for seeking professional help with such technology if required or where the Organiser has confirmed that a particular technical issue cannot be dealt with by them.
SCHEDULE 3
Data Processing Terms
1. Data Protection Roles
1.1. The Parties acknowledge that, where the Organiser Processes Customer Personal Data in connection with these T&Cs the Customer shall act as Controller and the Organiser shall act as Processor.
1.2. The Organiser shall only Process Customer Personal Data for the purpose of providing the Services and performing its obligations under these T&Cs.
1.3. The Customer is responsible for ensuring that it has a lawful basis for the Processing of Customer Personal Data and that it has provided all required privacy information to the relevant Data Subjects.
2. Processing Instructions
2.1. The Organiser shall Process Customer Personal Data only:
2.1.1. on the documented instructions of the Customer, including as set out in these T&Cs, this Schedule, any order form, statement of work, service description or written instructions given by the Customer from time to time;
2.1.2. for the purpose of providing the Services; and
2.1.3. in accordance with Data Protection Legislation.
2.2. The Organiser shall immediately notify the Customer if, in the Organiser’s opinion, any instruction infringes Data Protection Legislation.
2.3. The Organiser shall not Process Customer Personal Data for its own purposes, for any third party, for marketing, for database building, for profiling, for training artificial intelligence systems, or for any purpose other than providing the Services, unless expressly authorised by the Customer in writing or required by law.
3. Confidentiality
3.1. The Organiser shall ensure that any person who Processes Customer Personal Data on behalf of the Organiser is subject to appropriate confidentiality obligations and is informed of the confidential nature of the Customer Personal Data.
4. Security Measures
4.1. The Organiser shall implement and maintain appropriate technical and organisational measures to protect Customer Personal Data against unauthorised or unlawful Processing and against accidental loss, destruction, damage, alteration or disclosure.
4.2. Such measures shall include, as appropriate:
4.2.1. access controls and secure passwords;
4.2.2. multi-factor authentication where available;
4.2.3. secure storage and secure transfer methods;
4.2.4. device security and malware protection;
4.2.5. restrictions on downloading, exporting or copying Customer Personal Data where not required for the Services;
4.2.6. limiting access to Customer Personal Data to those who need access for the purpose of providing the Services;
4.2.7. prompt reporting of actual or suspected Personal Data Breaches; and
4.2.8. secure deletion or return of Customer Personal Data at the end of the Services.
5. Sub-Processors
5.1. The Organiser shall not appoint any sub-processor or otherwise permit any third party to Process Customer Personal Data without the Customer’s prior written consent.
5.2. Where the Customer gives consent, the Organiser shall ensure that the sub-processor is bound by written terms which impose data protection obligations no less protective than those set out in these T&Cs.
5.3. The Organiser shall remain fully responsible to the Customer for the acts and omissions of any sub-processor appointed by the Organiser.
5.4. The Customer gives general written consent for the Organiser to use the sub-processors listed in these T&Cs any order form, statement of work or privacy notice made available to the Customer, provided that the Organiser shall notify the Customer of any intended changes to those sub-processors and give the Customer a reasonable opportunity to object.
6. International Transfers
6.1. The Organiser shall not transfer Customer Personal Data outside the United Kingdom or the European Economic Area unless:
6.1.1. the transfer is authorised by the Customer in writing;
6.1.2. the transfer is necessary for the provision of the Services; and
6.1.3. appropriate safeguards are in place in accordance with Data Protection Legislation.
7. Personal Data Breaches
7.1. The Organiser shall notify the Customer promptly, and in any event within 24 hours, after becoming aware of any actual or suspected Personal Data Breach affecting Customer Personal Data.
7.2. The notification shall include, where known, reasonable details of:
7.2.1. the nature of the breach;
7.2.2. the Customer Personal Data affected;
7.2.3. the Data Subjects affected;
7.2.4. the likely consequences of the breach; and
7.2.5. the measures taken or proposed to address the breach.
7.3. The Organiser shall provide reasonable assistance to the Customer in investigating, managing, mitigating and responding to any Personal Data Breach.
8. Data Subject Requests and Regulator Communications
8.1. The Organiser shall promptly notify the Customer if the Organiser receives:
8.1.1. any request, complaint, objection or communication from a Data Subject relating to Customer Personal Data; or
8.1.2. any communication, notice, investigation, enforcement action or request from a Supervisory Authority relating to Customer Personal Data.
8.2. The Organiser shall not respond to any request, complaint, communication or notice referred to in paragraph 8.1 except on the documented instructions of the Customer, unless required to do so by law.
9. Assistance and Compliance
9.1. The Organiser shall provide such reasonable assistance as the Customer requires to comply with Data Protection Legislation, including assistance with:
9.1.1. Data Subject requests and complaints;
9.1.2. Personal Data Breaches;
9.1.3. data protection impact assessments;
9.1.4. prior consultation with a Supervisory Authority;
9.1.5. security, retention, deletion and access obligations; and
9.1.6. demonstrating compliance with this Schedule.
9.2. The Organiser may charge the Customer for reasonable time and costs incurred in providing assistance under this paragraph 9, except where the assistance is required because of the Organiser’s breach of these T&Cs or Data Protection Legislation.
10. Audit and Information Rights
10.1. The Organiser shall make available to the Customer all information reasonably necessary to demonstrate compliance with this Schedule.
10.2. The Organiser shall allow for and contribute to reasonable audits, inspections or checks carried out by the Customer or its authorised representative, provided that:
10.2.1. the Customer gives reasonable prior notice;
10.2.2. the audit is carried out during normal business hours;
10.2.3. the audit does not unreasonably disrupt the Organiser’s business; and
10.2.4. the Customer and its authorised representative comply with the Organiser’s reasonable confidentiality, security and access requirements.
11. Return or Deletion
11.1. On termination or expiry of these T&Cs, or at any time on request by the Customer, the Organiser shall, at the Customer’s option, return, transfer, delete or securely destroy all Customer Personal Data, unless the Organiser is required by applicable law to retain a copy.
11.2. Where the Organiser is required by law to retain Customer Personal Data, the Organiser shall notify the Customer where legally permitted to do so, protect the retained Customer Personal Data in accordance with these T&Cs, and not Process it except as required by law.
12. Records
12.1. The Organiser shall keep appropriate records of its Processing of Customer Personal Data where required by Data Protection Legislation.
13. Compliance with Data Protection Legislation
13.1. Each Party shall comply with its own obligations under Data Protection Legislation.
13.2. Nothing in this Schedule relieves the Customer of its responsibilities as Controller, including responsibility for the lawfulness, fairness and transparency of the Processing of Customer Personal Data.
14. Processing Details
14.1. The details of the Processing carried out under these T&Cs are as follows:
14.1.1. Subject matter of the Processing: the provision of the Services by the Organiser to the Customer.
14.1.2. Duration of the Processing: for the duration of these T&Cs and any period during which the Organiser Processes Customer Personal Data on behalf of the Customer.
14.1.3. Nature and purpose of the Processing: collection, recording, organisation, storage, use, access, retrieval, consultation, disclosure by transmission, deletion and any other Processing reasonably necessary for the provision of the Services.
14.1.4. Types of Personal Data: the Personal Data provided or made available to the Organiser by or on behalf of the Customer, which may include names, contact details, business information, account information, communications, records, documents and any other Personal Data Processed in connection with the Services.
14.1.5. Categories of Data Subjects: the Customer’s clients, customers, prospective clients, staff, contractors, suppliers, contacts, users and any other individuals whose Personal Data is provided or made available to the Organiser in connection with the Services.