Diggory Lifestyle Management - Terms of Business

FAQs

Terms & Conditions of Business

As a client of Diggory Limited “Client”, you agree to abide by these Terms and Conditions, and when engaging the services of a supplier of products or services (a “Supplier”) you agree that these Terms and Conditions shall apply.

  1. BEST ADVICE

    1. Our advice is given in good faith and it is always your decision to accept guidance on whether or not to keep particular possessions. We cannot therefore accept responsibility for the consequences of such decisions.
    2. From time to time, we handle items which have a potentially high market value. While we will always use our best endeavors to identify such items amongst your possessions, you acknowledge that we are not valuers, nor do we have expertise to identify works of art or items of special value or rarity, nor are we qualified to advise on valuation matters for insurance purposes.
  2. HANDLING POSSESSIONS

    1. When handling possessions belonging to “Clients” we endeavor to take great care of them. Nevertheless, accidents may occur. We shall not be liable for losses or damage, howsoever caused, and rely on you to carry insurance at all times which adequately compensates you for losses or damage howsoever caused by us in our capacity as your agent.
    2. In any event, in no circumstances shall we be liable, in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause, (i) for any increased costs or expenses, or (ii) for any loss of profit, business, contracts, revenues, or anticipated savings, or (iii) for any special, indirect or consequential damage of any nature whatsoever.
    3. In cases where we work in conjunction with a removal company employed by you, its standard insurance cover may fail to provide cover when goods have been packed by “Clients” or their agents, such as ourselves.
    4. If the cover you obtain does not permit us to pack or unpack the goods ourselves, but only to supervise such actions undertaken by the removal men, then you will inform us accordingly.
  3. REMOVAL OF ITEMS

    1. We are happy to make suggestions about the disposal of unnecessary or unwanted items, and clutter in general, and to sort through such material with you. We can arrange for its removal and disposal or for its delivery where appropriate to auction houses or other potential agents or buyers, at a charge to be agreed between us.
  4. ACCESS

    1. If you engage Diggory Lifestyle to work at a particular location and access is restricted, we reserve the right to charge for the lost of time and our expenses.
  5. LIABILITY

    1. Please be aware we do not permit personal visits to our offices.
    2. Diggory shall not be liable for any losses, however they arise, that are due to the negligence, or breach of contract by any sub-contractor or any other third party who undertakes work on behalf of the Client.
    3. Your contract for the purchase of products or services is made with the relevant Supplier only. Diggory acts as an agent for the Supplier and, unless expressly provided otherwise, all your rights and remedies are against the Supplier. Nothing in these Terms and Conditions is designed to give any other person any rights or remedies under the Contracts (Rights of Third Parties) Act 1999.
    4. Diggory will not be responsible for products and services offered by Diggory as agents for the Suppliers or for any aspect of the relationship between you and any particular Supplier. Diggory will however do everything it reasonably can to assist you in any dealings you have with the Supplier.
    5. You agree that any contract entered into by you with any of the Suppliers is an independent contract. Diggory hereby disclaims any and all liability for any act or omission of any Supplier or any loss incurred by you as a result of any act or omission of a Supplier whether or not arranged through Diggory.
    6. Certain services which we perform on your behalf may include the arrangement of services to be carried out for you by a supplier. We shall always use our best endeavors to ensure that any supplier who we may recommend to you is suitably qualified and competent for the job. However we shall not be liable if any such supplier’s performance falls below an acceptable standard, nor for any loss or damage caused by any such supplier, its employees or agents. Suppliers’ charges are always payable by you, unless we have agreed otherwise in writing.
  6. INSURANCE

    1. Diggory is protected by Professional Indemnity Insurance.
  7. CHARGES

    1. On-site visits will be billed for meeting time appropriate to the services requested; round trip travel mileage at 45p per mile.
    2. Diggory reserves the right to charge accordingly for any additions or amendments made by the Client outside the scope of that originally requested and estimated for, after consultation with the Client.
    3. Expenses incurred on behalf of Client are not included in any fees and will be billed to Client at the end of the project.
    4. All research undertaken on behalf of the client will be billed at the ‘requested service’ hourly rate.
  8. PAYMENT TERMS

    1. The full payment of all fees shall be paid to Diggory with cleared funds within 7 days of the date of Diggory's invoice.
    2. Some jobs lasting longer than a day may involve further expenses in addition to our service charges and travel charges. Such further expenses will not be incurred without the prior approval of the “client”. Examples of such further expenses include but are not limited to accommodation and subsistence. Payment of these further expenses will be requested in full before commencement of any work.
    3. Under the Late Payment of Commercial Debts (Interest) Act 1998, we will exercise our statutory right to claim interest charges at the rates at 8.5% pa and compensation for debt recovery costs should we not receive payment according to agreed credit terms. Accordingly, should payment not be received in full within the agreed terms then the interest will be charged at the rate applying at the time and compound interest shall be applied to overdue amounts.
    4. Diggory is not VAT registered.
    5. From time to time the procurement or provision of certain services, products or benefits may incur a Diggory handling charge (of which you will be notified) - in these cases you hereby authorise Diggory to submit an invoice to you with payment terms of 7 days with any such handling charges.
    6. Diggory may at your request purchase goods or services on your behalf. In the event that it acts as a credit agent in this regard, you hereby authorise Diggory to submit an invoice to you with payment terms of 7 days.
  9. PAYMENT METHODS

    1. Payment can be made by bank transfer (BACS) & cheque. All invoices will be submitted in £-Sterling and will be subject to any bank charges related to bank transfers and credit/debit card handling charges.
    2. Payment can be made by cheque, payable to 'Diggory Limited'.
    3. Payment can be made via BACS to Coop Bank. ‘Diggory Limited’; Sort Code: 08-92-50 Account Number: 70834057.
    4. In the event of any client cheque being refused by the bank, the Client will be responsible for all bank charges resulting from returned cheque.
  10. GOVERNING LAW AND JURISDICTION

    1. This agreement and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this agreement or its formation, shall be governed by and construed in accordance with the laws of England.
    2. The parties irrevocably submit to the exclusive jurisdiction of the courts of England for the purpose of hearing and determining any suit, action or proceedings or settling any disputes arising out of or in connection with this agreement and for the purpose of enforcement of any judgment against their respective assets.
    3. Payment of all our charges shall be payable on invoice. Interest at 8.5% pa will be charged on any balance due which remains unpaid 30 days after invoice.
    4. We reserve the right to request interim payments for jobs which take longer to complete than expected due to unforeseen circumstances beyond our control, or in cases where the original brief has been expanded at your request and a new price for the project has therefore been negotiated.
  11. CANCELLATION

    1. Both Diggory and the “Client” have the right to cancel the contract due to unforeseen circumstances. Travel charges or further expenses paid in advance for which we cannot obtain refunds are not refundable in any circumstances. We will invoice you in addition for any costs or charges which we have incurred at your request prior to the cancellation. In the event of cancellation by Diggory, we will refund all monies received less charges and expenses incurred prior to such cancellation. Outstanding invoices must be paid within 7 days of the cancellation date.
  12. CONFIDENTIALITY & PRIVACY

    1. All projects and assignments undertaken by Diggory are considered strictly confidential and as such we confirm that no details will be revealed to any third party unless this is deemed to be necessary by law.
    2. Diggory is fully compliant with the Data Protection Act 1998 and is registered with the Information Commissioners Office.
    3. Our confidentiality and discretion is guaranteed; however we are happy to sign a confidentiality agreement if requested by the client.
    4. Undertaken full security PNC Check by ACPO Criminal Records Office, stating; "there is no information held about you (Dee Hope) on the Police National Computer".

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