Terms and Conditions

Direct Sitters Terms and Conditions

1. These terms and Conditions apply to the use of the Direct Sitters service by Membership or one-off/non-member bookings, provided by Direct Sitters Ltd (‘DSL’). ‘Member’ and 'You' and ‘Members’ and ‘Customer’ refers to members of the public that book Direct Sitters services.

2. Direct Sitters objectives are to provide flexible short-term house sittings service for individuals, and households in a dedicated, congenial, professional business manner. Nothing in these terms and conditions confers any security of tenure or other right of exclusive possession or rights of occupation on a Member.

3. Direct Sitters is not responsible for the time keeping of your Tradesman, engineer, delivery or scheduled serviceman.

4. Access to booking of Direct Sitters services will be via a online username and password.

6. Direct Sitters membership entitles you to access to online members area which has been specially designated for Members (‘Members areas’).

7. DSL requires all customers to comply at all times with the relevant provisions Digital Economy Act 2010.

8. Direct Sitters membership gives you eligibility to use our services which must be booked 24hrs in advance online. Use of our service is subject to availability and a minimum period of booking of four hours at any single booking. If occupation of services overruns the given booking period the additional period will be charged by the hour at a rate of £15 per hour (+VAT). All additional charges must be paid in full on at the end of the calendar month.

9. A Non-Members may access Direct Sitters services on a one-off basis.

10. Direct Sitters membership requires that Members will be responsible for their own passwords and usernames.

11. DSL accepts no responsibility for any loss of or damage to customers’ property for work being carried out by third parties while our house sitters are within the properties of the customers, and members. Customers will be responsible for ensuring their property is safe and secure at that all times.

12. Direct Sitters service does not include the provision of overnight

13. Direct Sitters services does not at current include long-term bookings.

14. Direct Sitters membership will be renewed automatically and will continue to be renewed each year afterwards unless you tell DSL with written confirmation you wish to terminate your Direct Sitters membership or if DSL terminates your membership. DSL may immediately terminate or suspend your membership at any time.

15. Termination of your membership within the initial 12 month period of your agreement will result in breach of your agreement, and a will result in any settlement fee of the remainder of your agreement being required in full payment.

16. All notices must be sent and received by Direct Sitters.

17. Direct Sitters membership charges are payable in advance by direct debit. Current membership charges may be found under ‘Membership Charges” on the Direct Sitters website. Failure to pay or late payment of your membership charges or other charges may result in DSL terminating your membership.

18. DSL reserves the right to take appropriate steps to recover any existing arrears or outstanding payments.

19. Payment for any other service(s) provided to customers will be in advance by credit card or direct debit as advised at the point of ordering or booking the service(s).

20. DSL is not obliged to refund any amounts for a period when membership is unused except if DSL elects to terminate a Members’ membership for any reason or if there has been payment in advance for a service which is withdrawn prior to use by a Member.

21. Members will be able to access their Direct Sitters membership service via the Direct Sitters website. If your membership is terminated or if it expires, your Membership account will be terminated.

22. DSL may at any time alter these terms and conditions and may alter the level of membership charges. Prior notice to Members of any changes will be provided on the Direct Sitters website not less than 28 days before any such alterations, including alterations to membership charges, come into effect.

23. By agreeing to these terms and conditions and by using the signing up or booking Direct Sitters services, Members accept that it is their obligation to check the Direct Sitters website for alterations and agree to be bound by them.

24. DSL undertakes that, in performing its obligations under the Service Agreement, it shall comply with the provisions of the Data Protection Act 1998 (‘DPA’) and all other applicable laws relating to the processing of Personal Data as defined by the DPA.

25. The parties acknowledge that DSL alone shall determine the purposes for which and the manner in which Personal Data is, or is to be, processed in the performance of their data protection and privacy obligations and it is further agreed and acknowledged that: DSL shall be the ‘Data Controller’ as defined in the DPA in respect of all such Personal Data; and DSL shall be the ‘Data Processor’ as defined in the DPA in respect of all such Personal Data.

26. Without prejudice to clause 20, DSL undertakes that it shall, and shall procure that any of its permitted employees shall, comply with the obligations of a Data Controller under the provisions of the Seventh Data Protection Principle as set out in Schedule 1 Part II of the DPA.

27. DSL undertakes to the Member that it shall not process any Personal Data as part of the Services except to the extent necessary for the provision of the Services and then only where it is acting on and in accordance with the written instructions of the Member (provided that such instructions shall be deemed to have been given by the Customer by virtue of this clause 22, and provided that such processing relates exclusively to the provision of the Services in accordance with the Service Agreement).

28. The Member shall assist DSL in complying with any legislative or regulatory responsibilities or liabilities under the DPA by providing such information about DSL’s and its employees’ processing of Personal Data as DSL reasonably requires.

29. DSL shall not process any Personal Data in any manner other than as compatible with the performance of the Services and the Member will not do any act that puts DSL in breach of its obligations under the DPA or any other applicable laws relating to data protection and privacy.

30. DSL shall not, save with the prior written consent of the Member, transfer any Personal Data outside the European Economic Area. Without prejudice to the foregoing, DSL shall notify the Member of each person who is located outside the European Economic Area to which it seeks to transfer Personal Data of the Member, and shall comply with all requirements of the Member in respect of the transfer by or on behalf DSL of Personal Data outside the European Economic Area, including the requirement to enter into standard contractual clauses.

31. Members agree that Direct Sitters membership is subject to use at one single address per member.

Services

32. You agree to have chosen to receive one of Direct Sitters house sitting Services: These shall one of 4 separate timeslots – AM (8am-12pm) PM (1pm-6pm) All Day (8am-6pm (Minimum 6hrs) Express (2hrs)

(i) ‘Membership’ will be a Minimum of 12months. After which membership will be automatically renewed.

(ii) In the event that members cancel their booking (within the given 24hr cancellation time period) this will not be deducted from their allotted bookings.

Provision and use of the Services

33. The Customer agrees that their Premises and the use of Direct Sitters services will not be used for or in connection with any illegal, fraudulent or obscene purpose. If at any time DSL discovers this term has been breached it may immediately terminate provision of the Services on giving written notice to the you and may notify and disclose its Customer records to any relevant authorities. You shall be liable for all charges up to the date of termination and such Fees shall become due and payable immediately upon notice of termination being given.

34. You will ensure DSL is at all times provided with current and accurate telephone and address details at time of booking.

35. DSL provides its services on a ‘fair use’ basis. You agree that the Fees charged cover the Services being used on this basis only and agree to be liable for any additional Fees which you may incur in the event that you fail to comply with this ‘fair use’ condition.

36. DSL will accept up to a maximum of 15 delivered items per day for a customer. ‘post items’ are items of post which cannot be delivered through a normal/standard post office box. It shall be entirely at the discretion Direct Sitters staff at the Premises whether they will accept more items delivered by post, by hand or otherwise. Workspace will not be under any obligation to accept bulky or oversized items.

37. Direct Sitters will not accept items which are unreasonable, unlawful, live, of a perishable nature or cash and will not be obliged to accept bulk mail received in response to advertising mail shots or the like.

38. Direct Sitters responsibility to store bulky or over-sized items within the premises if applicable.

39. Direct Sitters will receive mail addressed to you at your Premises (provided that such instructions shall be deemed to have been given by the Customer by virtue of this clause 33).

Limitations and Exclusions of Liability

40. Direct Sitters will use its reasonable endeavors to ensure the Services are provided in a timely manner that is generally consistent with your written instructions but it will have no liability whether in contract or tort for the acts or omissions of its employees, agents, affiliates, third parties, or suppliers for any loss, damage or injury however such loss damage or injury may arise and regardless to whom it may have been caused. Direct Sitters shall have no liability for any indirect or consequential loss, any loss of profit, production, business, revenue, use, contract, damage to your property, or goodwill to your premises.

Deposit, Fees and Payment

41. The enrolment fee is the sum you will pay on signing up to Direct Sitters as a member.

42. Direct Sitters may from time to time request you to pay sums by way of Deposit. Failure to pay any sum requested by way of Deposit will entitle Direct Sitters to suspend or terminate the Services. The Deposit will be held to secure Direct Sitters for any Fees and in respect of late payment or non-payment of Fees. The Deposit will be returned without interest at the expiry or termination of the Service Agreement less any proper deductions due to Direct Sitters.

43. The Fees are the monthly standard charges you will pay for the Services. The Fees are payable in advance on the day you signed up to Direct Sitters membership each month by direct debit. Direct Sitters may suspend or terminate the Services in the event of either late payment or failure to pay and may withhold post and telephone messages until settlement of all outstanding Fees.

44. Direct Sitters may increase the Fees. Any increases will be notified on the Direct Sitters website and will be deemed to apply from the date they appear on the website. It is your obligation to check the Direct Sitters website.

45. You agree to pay all Fees for the Services as set out in the Direct Sitters website. DSL reserves the right to take appropriate steps to recover arrears of Fees and is entitled to the reasonable costs (including legal costs) of effecting any such recovery.

Duration and Termination

46. The Service Agreement will run for a period of your membership from the Start Date. The Customer may not terminate the Services during the Period.

47. After the Initial Period the Customer or Direct Sitters may terminate the Services on giving not less than 30 days’ notice in writing. The Customer will be liable for all charges incurred during the 30 day notice period.

Data Protection

48. Direct Sitters undertakes that, in performing its obligations under the Service Agreement, it shall comply with the provisions of the Data Protection Act 1998 (‘DPA’) and all other applicable laws relating to the processing of Personal Data as defined by the DPA.

49. The parties acknowledge that Direct Sitters alone shall determine the purposes for which and the manner in which Personal Data is, or is to be, processed in the performance of their data protection and privacy obligations and it is further agreed and acknowledged that: Workspace shall be the ‘Data Controller’ as defined in the DPA in respect of all such Personal Data; and Workspace shall be the ‘Data Processor’ as defined in the DPA in respect of all such Personal Data.

50. Without prejudice to clause 29, Direct Sitters undertakes that it shall, and shall procure that any of its permitted employees shall, comply with the obligations of a Data Controller under the provisions of the Seventh Data Protection Principle as set out in Schedule 1 Part II of the DPA.

51. Direct Sitters undertakes to the Customer that it shall not process any Personal Data as part of the Services except to the extent necessary for the provision of the Services and then only where it is acting on and in accordance with the written instructions of the Customer (provided that such instructions shall be deemed to have been given by the Customer by virtue of this clause 31, and provided that such processing relates exclusively to the provision of the Services in accordance with the Service Agreement).

52. The Customer shall assist Direct Sitters in complying with any legislative or regulatory responsibilities or liabilities under the DPA by providing such information about Direct Sitters and its employees processing of Personal Data as Direct Sitters reasonably requires.

53. Direct Sitters shall not process any Personal Data in any manner other than as compatible with the performance of the Services and the Customer will not do any act that puts Direct Sitters in breach of its obligations under the DPA or any other applicable laws relating to data protection and privacy.

54. Direct Sitters shall not, save with the prior written consent of the Customer, transfer any Personal Data outside the European Economic Area. Without prejudice to the foregoing, Direct Sitters shall notify the Customer of each person who is located outside the European Economic Area to which it seeks to transfer Personal Data of the Customer, and shall comply with all requirements of the Customer in respect of the transfer by or on behalf Direct Sitters of Personal Data outside the European Economic Area, including the requirement to enter into standard contractual clauses.

Anti-Bribery

55. Anti-Bribery Policy means an anti-bribery and corruption compliance policy which sets out the Customer’s internal monitoring, control, due diligence (including in connection with its associated persons) and record keeping procedures determined by the Customer to be adequate to minimize the risk of any bribery or corruption offence being committed by the Customer or its associated persons as defined by and under the Bribery Act 2010. The Customer represents and warrants that it has in place and shall maintain at all times, in accordance with applicable laws and official guidance, if any, of a competent authority having jurisdiction over it an Anti-Bribery Policy. Workspace shall be provided with a copy of the Anti-Bribery Policy upon request.

56. The Customer represents, warrants and undertakes: that all of its associated persons shall be provided with a copy of the Anti-Bribery Policy and any amendments thereto; to provide training to its employees in relation to anti-bribery and corruption matters in accordance with its Anti-Bribery Policy; and to comply with, and make all commercially reasonable endeavors to ensure that all of its associated persons comply with, the terms of its Anti-Bribery Policy.

57. Without prejudice to any other right it may have to terminate this Agreement, Direct Sitters shall be entitled to terminate this Agreement in the event that it determines that: the Customer’s Anti-Bribery Policy does not adequately minimize the risk of offences being committed by the Customer and their associated persons under the Bribery Act 2010; or the Customer has materially failed to comply with the operative provisions of the Anti-Bribery Policy (each an ‘anti-bribery event’); and the Customer has failed to remedy the matters giving rise to an anti-bribery event within thirty (30) business days of written notice of such anti-bribery event by Direct Sitters.

General

58. Any notices given by either party must be given in writing and delivered, in the case of notice to Direct Sitters, to the Address and, in the case of notice to the Customer, to such address (other than the address of the Premises), as is notified in writing by the Customer.

59. The Service Agreement may not be assigned by the Customer.

60. No rights are granted to any third parties to enforce the terms of the Service Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.

61. DSL holds no responsibility for cost associated with repairmen, tradesmen, delivery items, or engineer who are scheduled to attend, but do not turn up within the allotted timeslot either booked or allocated to you the customers.

62. DSL has the right to change all or any of the above clauses without notice. All or any changes will be made public through the website.