terms & conditions: Zuzu Concierge

ZuZu Concierge Limited

Our Terms & Conditions of Business

In this agreement “we”, “ours” and “Zu Zu” refers to ZuZu Concierge Limited whose main office is at Media Corp House, 2 Caird Park, Hamilton, ML3 0EU. Registered in Scotland, Registration Number: 310287;

“Member” means you;

“you” and ”yours” refers to the Member;

“tasks” means the tasks you have engaged us to carry out ,as your agent, at your request, such as sourcing the engagement of a Premier Supplier or Third Party Supplier to perform the Services;

“the Service(s)” means the job(s), task(s) and/or service(s)  requested by you;

” the Third Party Supplier” means a third party eg. electrician, which we, acting as your agent and not as a principal, have introduced to you or engaged for you (as the case may be depending upon your requirements)  to carry out the Services;

 “Premier Supplier” means a supplier which we, acting as your agent and not as a principal, have introduced to you or engaged for you (as the case may be depending upon you requirements) to carry out services at your request  and whose ability has been approved by us and who at the date we introduce them to you have the necessary statutory qualifications (if applicable) and insurance to carry out the Services.

“Membership Fees” means the membership fees laid out in Appendix 1

“the Categories of Membership” includes but is not limited to the gold, platinum, black card and black card plus categories of membership.

Background

We are a lifestyle management company and you have engaged us to perform tasks on your behalf.

1. Obligations of Zu Zu

• We agree to use reasonable endeavours to introduce you to suitable service professionals who are best suited to meet your needs. 
• We agree to update you as soon as is reasonably practicable in respect of any fundamental changes within Zu Zu, including, amongst other things, systems of work, pricing principles, Membership Fees and additional charges. In the case of an increase in Membership Fees we will give you 30 days notice prior to the increase taking effect.
• In the event of any complaint about the Zu Zu service, you should raise the issue directly with Zu Zu, who undertake to look into the issue within 4 working days of receipt of notification of the complaint and report back to the member as soon as reasonably practical.  This does not in any way affect the Member’s statutory rights.
• We agree to provide the service to up to two additional adults within your household.
• Our hours of service are between 8am and 6pm Monday to Friday, and 8am to 6pm Saturday and Sunday, excluding Bank Holidays and Public Holidays. We may sometimes need to change the hours of service available. If we need to do this we will, where possible, display a notice on our website notifying of the change at least 14 days in advance.

2. Premier Supplier

• Where possible we will introduce you to a service professional that is a Premier Supplier. You are under no obligation whatsoever to agree to engage the Premier Supplier recommended to you by us to perform the Services.
• Zu Zu will use all reasonable endeavours to ensure that the Premier Suppliers are reputable businesses offering quality and value to our Members.
• The contract for work (if applicable) to be carried out by the Premier Supplier is between you and the Premier Supplier.  Zu Zu is not party to that contract.
• We accept no responsibility or liability whatsoever in relation to any formal or informal contract or agreement or arrangement which you may enter into with the Premier Supplier.
• It is the responsibility of the Premier Supplier to communicate its terms and conditions of business, method of work and prices to you.

3. Other service professionals

• In the event that Zu Zu does not have a Premier Supplier to carry out the Services, Zu Zu will take reasonable steps to find another Third Party Supplier to do so. Zu Zu cannot guarantee such a service professional in any way whatsoever. Without prejudice to the foregoing generality we cannot guarantee that the Third Party Supplier has the ability or necessary qualifications to carry out the Services. We accept no liability whatsoever for determining whether the Third Party Supplier has the necessary insurances in place to carry out the Services, including but not limited to third party liability insurance, employer’s liability insurance, public liability insurance and building insurance.
• You are under no obligation whatsoever to agree to engage the Third Party Supplier recommended to you by us to perform the Services.
• The contract for work (if applicable) to be carried out by the Third Party Supplier is between you and the Third Party Supplier.  Zu Zu is not party to that contract.
• We accept no responsibility or liability whatsoever in relation to any formal or informal contract or agreement or arrangement which you may enter into with the Third Party Supplier.
• It is the responsibility of the Third Party Supplier to communicate its terms and conditions of business, method of work and prices to you.

4. Your obligations

• Your membership will commence on the date which Zu Zu receives payment of the first subscription from you.
• You agree to pay the Membership Fees monthly in advance. It shall be at our discretion as to whether you pay the Membership fees by Direct Debit or Standing Order. We may require you to change your method of payment. We shall give you 30 days notice if we require you to change your method of payment. We may increase the Membership Fees at any time in accordance with the terms of clause 1.2 hereof.
• An annual membership fee is payable for an annual membership. Annual membership fees are payable annually in advance and are not refundable in any circumstances. We may increase the Membership Fees at any time in accordance with the terms of clause 1.2 hereof.
• You agree to use your best endeavours to provide true, accurate, current and complete information when providing details to Zu Zu.
• You agree to notify Zu Zu as soon as practical of any changes to the information provided.
• You agree not to impersonate any other person or entity or to use a false name.
• You agree to take responsibility for ensuring that any individual covered under the membership complies with the terms of this Agreement and that any non-compliance by the individual will be deemed to be a breach of the Agreement by you.
• You agree to join Zu Zu for a minimum period of 6 months.
• You agree that should your Direct Debit or Standing Order fail for any reason you shall immediately pay any debt outstanding in terms of this Agreement. If necessary you shall provide Zu Zu with new Direct Debit or Standing Order details. You agree that you are solely liable to make any payments under this Agreement.
• You agree that in the event a Direct Debit or Standing Order payment by you fails, we have the discretion not to accept any further request for Tasks or Services requested by you in terms of this Agreement.
• In addition to the above we may at our sole discretion charge a joining fee.

5. Charges, payment and membership fees

• You shall pay all charges levied by Zu Zu for the performance of our tasks in accordance with the current Zu Zu rates, as previously notified to you, and all charges levied by Zu Zu (in instances where the Services are provided by Zu Zu), Premiered Suppliers and Third Party Suppliers as notified to you at the time of booking.  You will be notified of any changes to pricing as laid out in clause 1.2.
• Additional charges may be incurred from time to time.  These charges will always be agreed in advance with you.  These charges include but are not limited to those laid out in Appendix 2.
• From time to time, Zu Zu may also charge for specific, complex tasks, presented to you as a ‘package’.  This will apply where there is no Third Party Supplier or Premier Supplier or where Zu Zu can provide a more competitive service than existing suppliers. 
• From time to time, payment for services provided by Premier Suppliers may have to be managed through Zu Zu.  In such instances Zu Zu may debit the amount invoiced from your credit card or claim the amount invoiced from your bank account by direct debit.  Zu Zu will then arrange for the Premier Supplier to be paid on the terms agreed between Zu Zu and the Premier Supplier. Zu Zu may earn interest on money prior to it being paid to the Premier Supplier.  For the protection of members, Zu Zu will hold all money received from members for the payment of Premier Suppliers in a designated trust account until it is paid to the Premier Suppliers.
• Zu Zu may earn commission from a Premier Supplier as a result of introducing you to a Premier Supplier.  In most cases, the commission is calculated as a percentage of the value of the work carried out by the Premier Supplier on your behalf.  This percentage will vary on, amongst other things, the quantity, quality and nature of the work undertaken by the Premier Supplier for the Zu Zu membership as a whole. 
• Any outlays reasonably incurred by Zu Zu in the performance of our tasks shall be payable on demand in addition to the charges referred to in clause 5.1 hereof.
• The Categories of Membership and the cost thereof are listed in Appendix 1. On request by you, but at our sole discretion we may upgrade or downgrade your Category of Membership, for example from gold to platinum or from platinum to gold. The period of time we spend on our tasks for you is limited by the Category of Membership which you have agreed to. For a gold membership  the period of time we spend on our tasks for you is limited to 2.5 hours per month, for a platinum membership the period of time we spend on our tasks for you is limited to 4 hours per month, for a black card membership the period of time we spend on our tasks for you is limited to 6 hours per month and for a black card plus membership  the period of time we spend on our tasks for you is limited to 8 hours per month. In the event you do not use up the period of time you are entitled to per month there shall be no refund of the Membership Fee and the unused time shall not be carried forward to the next month.
• We shall be entitled to recover from you on demand any money paid by us to a Premier Supplier or Third Party Supplier in relation to the Service you have requested.
• We shall be entitled to recover from you on demand any money paid by us for goods reasonably required in the procurement of the Service or the carrying out of the Tasks (eg. price of a ticket for a football match.)

6. Confidentiality

• All private information matters or issues that you disclose to Zu Zu or employees or officers are confidential.  Neither will disclose information about you to third parties other than for the purposes of this Agreement.

7. Liability

• When you instruct a Premier Supplier or Third Party Supplier, your contract for that Premier Supplier’s services or Third Party Supplier services is with the Premiered Supplier or Third Party Supplier, not Zu Zu.  Zu Zu is not responsible for the actions of the Premier Supplier or Third Party Supplier.
• Subject fully to its obligations under clauses 1.1, 1.2, 2.1 and 2.2 above, Zu Zu accepts no responsibility for any loss, liability or cost incurred by you as a result of any act or omission by the Premier Supplier.
• Subject fully to its obligations under clauses 1.1 and 1.2 above, Zu Zu accepts no responsibility for any loss liability or cost incurred by you as a result of any act or omission by any other service professional who is not a Premier Supplier, including a Third Party Supplier.
• Zu Zu makes no warranty that the web site or use of the service will be uninterrupted, timely or error free.
• Zu Zu accepts no responsibility for any act or omission beyond its reasonable control.

8. Force Majeure – Unforeseeable Events

• Zu Zu shall not be responsible to you for any delay in performance or non-performance due to a force majeure event.  Zu Zu shall promptly, upon the occurrence of a force majeure event, inform you in writing stating that the event has delayed or prevented its performance under this Agreement and thereafter that it shall use reasonable endeavours to comply with the terms of this Agreement as fully and promptly as possible
• “Force majeure event” means an event beyond the reasonable control of Zu Zu including without limitation strike, lock-out, labour dispute, act of God, war, civil commotion, malicious damage, compliance with a law or government order, rule, regulation or direction, accident breakdown of plant or machinery, fire, flood, storm, and other circumstances affecting the supply of goods and services.

9. Termination

• The Agreement may be terminated at any time after the occurrence of an event specified in Clause 9.1.1 – 9.1.9.  The events are:
• Material breach of this Agreement by you and if the breach is capable of remedy failing to remedy the breach within 14 days starting on the day after service by one party on the other giving details of the breach and requiring the other party to remedy the breach and stating that a failure to remedy the breach may give rise to termination. For the purposes of this Clause a breach is capable of remedy if time is not of the essence in performance of the obligation and if the party who is responsible for the breach can comply with the obligation within the 14 day period.
• The Member passing a resolution for its winding up or a court of competent jurisdiction making an order for winding up or dissolution of the Member.
• The making of an administration order in relation to the Member or the appointment of a receiver.
• The Member making an arrangement or composition with its creditors generally or making an application to a court of competent jurisdiction for protection from its creditors generally
• The making of a bankruptcy order or
• Death of the Member
• Behaviour by you which in our reasonable opinion is likely to adversely affect other members or staff or Zu Zu Concierge Limited or our reputation
• Non payment of any amounts due by you in terms of this Agremeent for a period of 30 days after the sum outstanding was due.
• Your providing us with false details
• You may terminate this Agreement with one calendar month’s notice in writing to Zu Zu after the minimum membership period has lapsed, as defined in clause 4.7.
• Zu Zu may terminate your membership on giving one calendar month’s notice in writing.

10. Consequences Of Termination

Both your and Zu Zu further rights and obligations cease immediately on termination of this Agreement but termination does not affect either party’s accrued rights and obligations at the date of termination

• Within 30 days of termination of this Agreement you shall pay all monies still owing to Zu Zu or any Premier Supplier or Third Party Supplier  at the date of termination
• In the event that any such outstanding monies are not paid within 30 days of termination these outstanding monies shall immediately be due and may be debited directly from your bank account or credit card

11. Refund

• In the event you wish to obtain a refund for goods purchased by us in the procurement of the Service or the carrying out of the Tasks (eg. purchasing a ticket for a football match) we shall use reasonable endeavours to obtain a refund from the Premier Supplier, Third Party Supplier or other supplier. In the event we obtain a refund from the Premier Supplier, Third Party Supplier or other supplier we shall account to you for the refund obtained. Where the Premier Supplier, Third Party Supplier or other supplier has a no refunds policy we are not bound to approach the Premier Supplier, Third Party Supplier or other supplier for a refund. 
• We shall not be liable to refund to you any sums which you have expended or we have expended on goods on your behalf in the procurement of the Service or the carrying out of the Tasks.

12. Intellectual Property Rights

• You hereby acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the web site (the “Rights”), including the manner in which the web site is presented or appears and all the information and documentation relating thereto is the property of Zu Zu and nothing contained herein shall be constructed so as to transfer any of the Rights to you

13. Notices

• A notice or other communication under or in connection with this Agreement shall be in writing and shall be delivered personally or sent by first class recorded delivery post, fax or e-mail to the party due to receive the notice or communication at its address, as intimated to the other party. The notice or other communication shall be deemed to have been received by the party to whom the notice or other communication has been sent in the case of first class recorded delivery post, 48 hours after the date of posting.

14. Cancellation

• 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 your receipt of this Agreement except where (i) we have performed all or part of our tasks, (ii) the Services have been performed or (iii) the Services have been performed by us or the Premier Supplier or the Third Party Supplier.
• If you wish to cancel this Agreement, you must notify us in writing at Media Corp House, 2 Caird Park, Hamilton, ML3 0EU (or at such other address as we intimate to you), so that we receive the notice within one week of your receipt of this Agreement.
• If you cancel you request for the provision of a Service we shall (i) charge you for the tasks we have carried out for you up to the date we have received notice of the cancellation (ii) be entitled to recover from you any money paid by us to a Premier Supplier or Third Party Supplier in relation to the Service you have requested and (iii) any money paid by us for goods reasonably required in the procurement of the Service or the carrying out of our tasks (eg. price of a ticket for a football match.)

15. General

• If any of the above provisions are held to be illegal or unenforceable such provisions shall be severed and the remainder of the Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby.
• This Agreement constitutes the entire agreement between Zu Zu and you and supersedes all previous communications, representations and agreements, either written or oral (other than fraudulent misrepresentation).  You acknowledge that no reliance is placed on any representation made but not embodied in this Agreement.
• The terms of this Agreement shall regulate the relationship between you and Zu Zu and the use of the services provided by Zu Zu shall constitute acceptance by you of the terms & conditions set out in this Agreement.

16. Governing Law and Jurisdiction

• This agreement is governed by and shall be construed in accordance with Scottish Law
• The courts of Scotland have exclusive jurisdiction to hear and decide any claim, action or proceedings and to settle any disputes which may arise out of or in connection with this Agreement and for these purposes each party irrevocably submits to the jurisdiction the courts of Scotland.