Client Services Agreement

 

This Services Agreement (the "Agreement") is made and entered into between Fresh Accommodation Ltd and Fresh Management Services Ltd which share responsibilities for the services we offer (the "Company") and you (the "Owner", whether one or more as listed on the title deed). The Company agrees to act as the Client Services Agent for the Property in question (the "Premises") and the Owner makes the Company his Client Services Manager under the following terms and conditions:

  1. The Property: The Owner appoints the Company as a Client Services Manager for the Premises.

  2. Company's Obligations:

    a) The Company has established a program to provide Client Services.

    b) The Company agrees to fulfil the services requested and paid for by the Owner to a high standard.

    c) Where discounts against property management are calculated for second and subsequent properties these must be legally owned by the same owner according to the Title Deeds for such properties. Discounts for Property Management are not offered to groups, organisations or associations.

    d) The Company will inform the Owner of any damage caused by their tenants and where appropriate will take photographs of the damage where the Owner is paying for the appropriate service.

    e) The Company will accept responsibility for the safekeeping of the key(s) to the Premises and will only enter the Premises in connection with the services as requested by the Owner.

    f) The Company will provide a detailed record for Client Services provided.

    g) The company reserves the right to not offer all services in all areas and will consider each property on its own merits. Registration does not entitle the owner to demand any kind of service. Services are always provided at the sole discretion of the company.

  3. Owners Obligations:

    a) The Owner will pay for services required in advance and payments made are non-refundable except at the absolute discretion of The Company.

    b) The Owner will pay The Company to change the locks to all external doors leading to the premises prior to The Company fulfilling any of its obligations unless by prior agreement and at the sole discretion of the company. After changing the locks if you choose to supply a key or keys to the complex management then the Company cannot be held liable for the security of the property and its contents. If any other third party holds a key to your property then the Company reserves the right to terminate the agreement with immediate effect without severance.

    c) If the Owner elects to make the company the sole key holder or The Company stipulates that sole key holder is mandatory then the owner must order and pay for 'Property Management' which facilitates checking of the property throughout the year and provides call out cover in the event of a third party requiring access. Should the Owner fail to order and pay for 'Premium Management' within 7 calendar days of The Company becoming sole key holder a set of keys will be handed back to the complex and the complex management will be deemed as responsible for the property.

    d) The Owner declares on accepting the terms of this agreement that they have no other current arrangement, agreement or contract with any other property management company or individual to service The Property. If at a later date it becomes apparent that this is the case then The Company reserves the right to terminate this agreement without severance and any money paid for services in advance will be forfeited.

    e) In the case of The Owner owning one or more properties as defined in Paragraph 2.(c) the bedding, towels and equipment contained within The Properties is not inter-changeable. The minimum requisite quantities of equipment level must be maintained in each individual property and transfers between them are not permitted.

  4. Cancellations, Refunds and Fair Usage:

    Orders placed for any service OTHER THAN Airport Transfers will be subject to the following conditions:

    a) If an order for services is cancelled more than 72 hours before the date of such service AND the service has not already been carried out then a full refund, less any charges levied against the company for payment handling, will be made. Notification must be made by email to enquiry@freshaccommodation.co.uk.

    b) For cancellations within 72 hours of such services due date there will be
    no refund.

    c) Complimentry use of equipment such as, but not limited to, Fold Up Beds, Cots and High Chairs are subject to a fair usage agreement and cannot be kept in continuous use by the same owner for more than 21 consecutive days. In this case the company reserves the right to remove the equipment from the property and the owner must supply their own equipment.

    c) The first cleaning service ordered in any given year must be a Spring Clean.

    Orders placed for Airport Transfers are subject to the following conditions:

    a) If when placing an order for an airport transfers you supply us with incorrect information regarding flight dates and times you will not be entiled to any refund at a later date. We will try our best to accommodate you in such circumstances but this is entirely at our descresion and does not act as an entitlement to change. We do not check the accuracy of the flight information you supply, it is entirely your responsibility to ensure the information you give us is correct. Placing an order for airport transfers indicates your acceptance of these terms and conditions.

    b) If an order is cancelled more than 72 hours prior to the date and time of execution then there will be a full refund less any charges levied against the company for payment handling.

    c) If an order is cancelled within 72 hours of the date and time of execution then there will be no refund. Notification of cancellation must be made by email to enquiry@freshaccommodation.co.uk.

  5. Termination:

    a) If The Owner decides to terminate the agreement with The Company before the expirey date of the Property Managment Package then no refund will be made by The Company for the remaining validity of that package. Any orders placed and paid for in advance of the termination will not be refunded except in circumstances deemed exceptional by The Company.

  6. Indemnity:

    a) The Owner covenants to indemnify and hold harmless the Company and its employees and agents from any liability, injury, loss or damage (including reasonable attorney's fees and disbursements) arising from or related to the use and occupancy of the Premises during the term of this Agreement provided that any liability, injury, loss or damage proximately caused by the gross negligence or wilful action of the Company's employees or agents shall not be subject to the provisions of this Paragraph 6(a). This Paragraph 6(a) shall survive the term of this Agreement.

    b) The Owner shall store his personal property in the Premises at his own risk. The Company assumes no liability for the loss or damage of any personal property stored in the Premises, including any items kept in the Owner's storage closet.

    c) The Company and its employees and agents shall not be liable for any loss or damage to the equipment, furnishings or appurtenances. This paragraph shall include, but shall not be limited to, uncollected claims for damage resulting from:

    C.1. The negligent or wilful acts or omissions of occupants or of their guests.

    C.2. Damage or injuries caused or occasioned by wind, rain, cold, ice, snow or other elements of weather.

    C.3. Theft, vandalism or fire.

  7. Captions:

    The paragraph captions that are used herein are for the purpose of reference only and shall not be construed to modify the terms thereof.

  8. Other Agreements:

    This Agreement shall not affect the terms and conditions of any other contract or agreement between the parties.

  9. Severability:

    Should any paragraph, subparagraph or clause herein contained be declared void, illegal, invalid or unenforceable by any court having jurisdiction over the subject matter hereof, such judgment shall not affect the other provisions hereof, which are hereby declared severable, and which other provisions shall remain in full force and effect.

  10. Assignment:

    The Company shall have the right to assign certain of its administrative functions hereunder.