PERSONAL AND SECOND HOME RESIDENCE PROPERTY MANAGEMENT SERVICES TERMS AND CONDITIONS
1. The Supplier
We are Chicoco Services Limited trading as Chicoco Property Management, a company registered in England and Wales under company number 15150705 The registered office is Raleigh Barns & Stables, Mitchell, Newquay, TR8 5AT. The VAT registration number pending from HMRC is You can find everything you need to know about us and our Services on our website.
2. Contact us
You can contact us by sending an email to enquiries@chicocoproperty.co.uk or calling us on 01872 510726.
3. These Terms
3.1. Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to [Chicoco Services Limited t/a Chicoco Property Management, and any reference to ‘you’ or ‘your’ is to the person placing an order on our site.
3.2. These terms apply to the agreement between you and us for the supply of services. Please read these terms carefully before you place any orders, as they set out important information about your and our rights and obligations. Please note that you must agree to these terms before you place your order.
3.3. For the purposes of these terms, you are a ‘consumer’ if you are buying services from us as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. If you are using your property for business purposes (e.g. short or long term lettings) then you are not a consumer. These terms only apply to you if you are a consumer and you should not proceed with entering into an agreement with us on these terms if you are not a consumer.
3.4. You must be at least 18 years old and a resident of the UK and the owner of the Property in the county of Cornwall to place an order for Services.
3.5. We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
3.6. Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.
4. Definitions and meanings
4.1. In these terms:
Additional Third Party Services - means Third Party Services that are in addition to the Scheduled Third Party Services and Emergency Works for example: plumbing, electrical, roofing, internal and external building maintenance, general construction or alterations, decorating, or ground works and any other services provided by building contractors;
Agency Services - means acting as introduction agent and payment agent for Third Party Contractors to carry out Scheduled Third Party Services, Additional Third Party Services and Emergency Works;
Business Day - means a day other than a Saturday, Sunday or bank or public holiday in England;
Charges - means the charges for the Housekeeping Services as set out in the Front Sheet;
Credit Limit - means the amount of the Credit Limit set out in the Front Sheet
Emergency Works - means works to be provided by a Third Party Contractor that are required for urgent remedial works to the Property;
Float - the amount held by us to the value of the Credit Limit to use as payment to Third Party Contractors;
Housekeeping Services - means: services that we will provide ourselves as set out in the Front Sheet;
Front Sheet - the front sheet submitted by you in relation to the Property for the supply of Services by us to you that has been countersigned and dated by us;
Request - means request(s) for Additional Third Party Services made by you;
Property - means your property, details of which are set out in the Front Sheet;
Services - means: (i) Housekeeping Services and (ii) the Agency Services;
Start Date - the date set out in the Front Sheet;
Term - has the meaning set out in clause 6;
Third Party Contractors - means third party contractors that are not our employees;
Scheduled Third Party Services - means: services that we will arrange for you as your agent as set out in the Front Sheet; and
VAT - means value added tax, as defined by the Value Added Tax Act 1994.
5. Orders
5.1. Please contact us with a summary of your requirements. We will then send you a draft Front Sheet.
5.2. You should then check the Front Sheet carefully and let us know if you would like any changes. If you are happy with the Front Sheet you should sign and date it and send it to us. This is an offer by you to purchase the Services from us.
5.3. We will then take payment for the first month’s Charges and send you a confirmation email with a countersigned and dated Front Sheet (order confirmation email), at which point a legally binding contract is formed between you and us on these terms.
5.4. If we do not accept your order, for example because we are unable to take payment, the services are unavailable, you are under 18 or your Property is outside of Cornwall, or there has been a mistake regarding the pricing or description of the Services, we will email you using the details you provided when you placed your order. We have the right to reject any order for any reason.
6. Duration
6.1. This Agreement commences on the date set out in the Front Sheet and shall continue in force for the period of 12 months (the Term).
6.2. You or we can terminate this agreement at any time by giving us or us giving you not less than 21 days notice to expire at the end of a month.
7. Your obligations
7.1. You shall at all times and in all respects:
7.1.1. pay the Charges monthly on or before the first day of each month in advance during the Term;
7.1.2. pay the amount that is agreed as the Credit Limit to us on the Commencement Date and when requested promptly make payments to keep the Float at the agreed Credit Limit balance;
7.1.3. ensure that linen and towels are provided at the Property (with any specific instructions for washing);
7.1.4. notify us of dates that you will be in occupation and give no less than 48 hours’ notice of visiting the Property if a “welcome home service” is required;
7.1.5. co-operate with us in all matters arising under this Agreement or otherwise relating to the performance of the Services;
7.1.6. provide contact details so that we may contact you or a duly authorised representative of you at any time to enable us to provide the Services;
7.1.7. ensure that only you (or one duly authorised person whose details you shall provide to us in advance) shall communicate with us;
7.1.8. make the Property accessible to us and Third Party Contractors as may be necessary for us to perform and facilitate the performance of the Services and otherwise comply with our obligations under this Agreement and grant a non-exclusive licence to us and the Third Party Contractors to enter the Property for the purpose of carrying out Services;
7.1.9. inform us in a timely manner of any matters (including any health, safety or security requirements) which may affect the provision of the Services;
8. Providing Housekeeping Services
8.1. We shall provide the Housekeeping Services to you and respond to you (to the notified email or phone number) within 48 hours of any contact by you.
9. Providing Agency Services
9.1. You authorise us to instruct and to pay Third Party Contractors to provide Scheduled Third Party Services or Emergency Works that are within the Credit Limit and subject to there being money available in the Float without seeking further confirmation of instructions from you from time to time.
9.2. We shall carry out all reasonable and lawful Requests from time to time for Additional Third Party Services as part of the Services but subject always to availability of Third Party Contractors and as part of you agreeing any Additional Third Party Services you authorise us to instruct and pay Third Party Contractors subject to there being money available in the Float without seeking further confirmation of instructions from you from time to time.
9.3. After we have facilitated any agreement with a Third Party Contractor then a separate contract is formed between you and the Third Party Contractor and we (other than acting as introduction agent and payment agent) shall have no liability to either the Contractor or you.
9.4. We shall not be liable to make any payment to any Third Party Contractor or instruct a Third Party Contractor in relation to any Emergency Works, Scheduled Third Party Services or Additional Third Party Services when performing the Agency Services if it is more than the balance of the Float and you shall ensure that any such payment is made in advance to us and immediately in the event of Emergency Works (or if it is in relation to works of a time critical nature).
9.5. If any Scheduled Third Party Services, Additional Third Party Services or Emergency Works are quoted as being more than the Credit Limit or there is not an available balance in the Float then we shall liaise with you and if requested by you seek more than one quote and we shall not instruct a Third Party Contractor until the quote has been agreed and money transferred to the Float.
9.6. We will prioritise Emergency Works (within the Credit Limit) over other Scheduled Third Party Services (or Additional Third Party Services) and in the event of the Float being spent on Emergency Works then you will need to pay money into the Float to enable us to instruct Scheduled Third Party Services or Additional Third Party Services.
9.7. We shall not be liable for any recommendation of Third Party Contractors or in response to a Request or subjective information that is provided that is given in good faith.
10. Payment of Charges and Float
10.1. We will accept the payment methods set out on our website and bank details for direct debit payments will be provided to you prior to the Start Date.
10.2. You will need to pay VAT at the applicable rates on the Charges and where applicable on payments made to Third Party Contractors.
10.3. Where sums due hereunder are not paid in full by the due date then we may suspend the provision of Services without any liability.
10.4. Any money that is held as the Float does not bear interest and no interest is paid to you.
10.5. Any money held by us as part of the Float that is not due to be paid to a Third Party Contractor will be returned to you within 7 days of termination of this Agreement.
11. Cancellation rights
11.1. You have 14 days from the date of the order confirmation email to change your mind and cancel your order.
11.2. We will not provide any services during the 14-day cancellation period unless you request for us to do so by confirming the Start Date in the Front Sheet as being prior to the end of such period. We are under no obligation to accept your request.
11.3. If you request for us to start providing services during the 14-day cancellation period and we agree to do so, this will impact your cancellation rights as follows:
11.3.1. you lose your right to cancel once the services are fully performed and will not be entitled to a refund even if the cancellation period has not expired;
11.3.2. if the services have not been fully performed, you will be required to pay for the services we provided up to the time that you told us that you want to cancel.
11.4. To cancel your order, please email us at enquiries@chicocoproperty.co.uk or calling us on 01872 510726. You can also use the cancellation form available below. To help us process your cancellation more quickly, please have your order number ready or include it in the email or cancellation form you send to us.
11.5. We will provide you with a refund as soon as possible and no later than 14 days after the day on which you told us that you want to cancel. If services have been provided during the cancellation period at your request, we will make deductions from any refund due to you as explained in clause 11.3 above.
11.6. We will issue your refund to the same payment method you used when you placed your order.
12. Faulty services
12.1. We must provide the Services to you with reasonable care and skill.
12.2. If Housekeeping Services are not carried out with reasonable care and skill, you can ask us to repeat the Housekeeping Services or to fix an issue arising out of the Housekeeping Services, or get some money back if we cannot fix the issue arising out of Housekeeping Services.
12.3. If any Scheduled Third Party Services, Additional Third Party Services or Emergency Works are not carried out with reasonable care and skill you should contact us and we will endeavour to resolve the issue with the Third Party Contractor or if you request them or if the matter cannot be easily resolved by us provide you with the Third Party Contractor details and you will then be able to take the matter up directly with the Third Party Contractor.
12.4. This is a summary of some of your key rights. They are in addition to your cancellation rights set out in clause 11 above. For more detailed information on your rights, please contact us or or visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.
13. If there is a problem with a service we have provided to you, please contact us as soon as reasonably possible
14. Events beyond our control
14.1. We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.
15. Our liability to you15.1.
15.1. If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffers as a result. By ‘foreseeable’, we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
15.2. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
15.3. Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit
16. Your Information
16.1. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available on our website which explains what information we collect and hold about you, and how we collect, store use and share such information.
17. Rights under this contract
17.1. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign off on ending or changing it.
17.2. In relation to any of the Scheduled Third Party Services, Additional Third Party Services or Emergency Works the contract for the works in each case is between you and the relevant Third Party Contractor.
18. Complaints
18.1. If you are unhappy with us or the Services we have provided to you, please contact us at enquiries@chicocoproperty.co.uk or calling us on 01872 510726
19. Governing law and jurisdiction
19.1. The laws of England and Wales apply to these terms. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
20. Personal Data and Privacy Policy
How we use any personal data that you give to us is set out in our privacy policy set out on our website. Please note that by entering into this agreement you are agreeing to us providing your contact details to Third Party Contractors upon request by such Third Party Contractors.
21. General terms
21.1. You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
21.2. If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
21.3. If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
Model cancellation form
Model cancellation form
To [insert the trader’s name, geographical address and, where available, fax number and e-mail address]:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate