Terms and Conditions for Service Providers

Terms of Use – Service Providers

Introduction

Broomstix Homecare Limited provides an online platform (Broomstix), linking self employed cleaners (Service Providers) with clients seeking their services (Clients). In addition, Broomstix facilitates the payment for such services through its online payment platform.

Broomstix Company Information

Broomstix Homecare Limited is a private limited company, registration number 558091. Our registered office is at 12 Hope Street, Edinburgh, U.K. If you wish to contact Broomstix, you should write to us at the registered office address above, or email us at support@broomstix.co.uk

General

These terms of use (Terms of Use) state the conditions upon which you as a Service Provider agree to make use of Broomstix, either by use of the website, app, or by any other related electronic media. By using Broomstix, you confirm that you accept these Terms of Use and you agree to be bound by them. These Terms of Use also set out the conditions upon which we process and hold Clients’ personal data, including cookies and other data. By using Broomstix, you consent to such processing and use.

General Disclaimer

Broomstix takes no part in the services provided by Service Providers to Clients, save for the provision of introductory services between the parties, and the provision of payment facilities. Broomstix does not employ Service Providers. All Service Providers are strictly self employed. Any contract for the provision of services is strictly between the Service Provider and the Client. The Service Provider is solely responsible for the payment of any and all tax in relation to their self employed earnings. Broomstix is expressly not liable for any employee or employer tax, PAYE, National Insurance or any other form of employee tax or statutory employee benefits of any kind.

Broomstix is not responsible for the acts or omissions of any Client introduced to Service Providers through the Broomstix platform. Broomstix does not investigate or warrant the suitability of Clients or their premises. Broomstix makes no representations, warranties or guarantees, whether express or implied, that its online service will (i) always be available or be uninterrupted; (ii) be error-free, accurate, complete or up-to-date; or (iii) be secure or free from bugs or viruses. Service Providers agree that their use of Broomstix is entirely at their own risk.

Complaints and Dispute Resolution

Complaints relating to the standard of services provided by a Service Provider should be discussed directly with the relevant Client. If such a dispute cannot be resolved between the parties, Broomstix will use reasonable endeavours to try to mediate the resolution of such a dispute. If in the reasonable opinion of Broomstix, a Service Provider has not performed the required services to an acceptable standard, Broomstix may, at its sole discretion, either 1) require the Service Provider to remedy the deficient work at their own time and expense, or 2) refund the Client. In the case of a Client refund, the Service Provider shall not receive payment for the work refunded. 

Insurance

All Service Providers are self employed as a condition of these Terms and Conditions and Broomstix does not provide insurance for Service Providers. Service Providers are advised to carry public liability insurance. 

Removal of Users from the Platform

Broomstix reserves the unlimited right to remove a Service Provider from the Broomstix platform if they fail to comply with any of the provisions of the Broomstix Terms of Use. 

Use of the Broomstix Website and App

Whilst Broomstix grants Users a non-transferable, non-exclusive license to use the Broomstix website and app on electronic devices and media, all other rights are reserved by Broomstix.

Changes to Terms of Use

Terms of Use may be altered or amended by Broomstix at any time. Broomstix undertakes to provide one week prior notification of any amendments by email. Such amended Terms of Use are thereafter binding. If Service Providers do not agree to such notified amendments, they must discontinue their use of Broomstix.

Registration and Security

Use of Broomstix requires Service Providers to register on the Broomstix online platform. The information provided in the registration process must be full, true and factual. Service Providers’ account usernames and passwords must be treated as confidential and must not be disclosed to any third party. Service Providers must not permit others to use their username and password and must not assign or otherwise transfer their account. Service Providers are responsible for all acts or omissions by any third parties who use their account, whether fraudulently or not, and you agree to reimburse Broomstix on demand for any loss suffered as a result of such use.

Hourly Rates

Service Providers receive a net hourly rate (the Net Rate). The Net Rate is set by Broomstix in its sole discretion and may be amended by Broomstix from time to time. The Service Provider’s hourly rates, as displayed to Clients on the Broomstix search facility, will include the aggregate of (i) the Net Rate, plus (ii) a sum equivalent to the Broomstix platform fee, which will depend on the category and frequency of the service requested, (iii) a sum equivalent to VAT to be charged on the Broomstix platform fee at the prevailing rate, and (iv) a sum equivalent to the Stripe bank payment processing fee. The rate displayed to Clients will include (i), (ii), (iii) and (iv) above, and is the gross rate (the Gross Rate). The Service Provider charges the Client at the Gross Rate. After Broomstix charges the Service Provider relevant platform fees and VAT, the Service Provider receives payment at the Net Rate. Service Providers receive an invoice from Broomstix showing the (i) the Gross Rate charged to the Client, (ii) the Broomstix Platform Fee and (iii) VAT thereon. Broomstix may make changes to the Net Rate from time to time. Such changes will subsequently amend the Gross Rate chargeable to Clients. Such changes will be notified to the Service Provider’s Clients at least one week prior to any such change taking effect.  Service Providers must invoice Clients through the Broomstix payment platform only. Service Providers must not accept any payment or benefit from Clients except through the Broomstix online payment facility. Service Providers should inform Broomstix immediately if any Client attempts to engage their services directly or otherwise than through Broomstix.

Bank Details and Payment

Service Providers are asked to provide bank account details, which will be used to make payments to them. Broomstix will not make use of Service Providers' bank details other than to make payments to them. On completion of a booking visit, Service Providers enter the hours worked (or part thereof) on the Broomstix platform. An invoice is issued to the relevant Client and payment is automatically made to the Service Provider in due course. Automatic payment to the Service Provider may be suspended by Broomstix in the event of (i) non-payment by the Client (for whatever reason), (ii) any complaint by the Client including, but not limited to, the standard of services provided, (iii) any dispute regarding the attendance or the hours of service provided, or (iv) any allegation of damage to the Client’s property or possessions.

Non-Payment

In the event of non-payment by a Client, or any amount remains unpaid, Broomstix reserves the right, but not the obligation, on behalf of the Service Provider, to: (i) charge reasonable administration costs to the Client; (ii) charge interest to the Client; and (iii) take such other action against the Client as we deem appropriate including, without limitation, raising court proceedings on behalf of the Service Provider for the payment of debt and interest. However, Broomstix is not liable to the Service Provider for any non-payment by a Client. 

Booking Frequency

Bookings can be made on a regular basis (weekly or fortnightly), or on a one-off basis. Clients making a one-off booking are not subject to any commitment beyond their initial booking. Regular bookings are subject to a 3 month minimum commitment period (the Minimum Commitment Period). Clients with a weekly booking must complete a minimum number of 10 visits during the Minimum Commitment Period. Clients with a fortnightly booking must complete a minimum number of 5 visits during the Minimum Commitment Period. Service Providers should be aware of these terms and inform Broomstix if they are aware of a Client failing to meet the minimum commitment.

Minimum Visit Period

Service Providers should try to be flexible and helpful in response to Clients’ requests for amended bookings and attendance hours. However, bookings are subject to a minimum visit period, unless with the prior agreement of the Service Provider.

Amendments to Bookings

If a Client wishes to amend or cancel an appointment, the Client should agree such amendment or cancellation with the Service Provider. Service Providers are encouraged to be flexible, however amendments are subject to reasonable notice and agreement between the Client and the Service Provider. 

Cancellation

The Client may cancel a booking (whether for a one-off visit or on a repeat basis) via the Broomstix website or App, subject in each case to the following conditions: (i) if a Service Provider has not yet confirmed the initial booking, or (ii) more than 48 hours before the scheduled visit, the Client may cancel without charge. If the Client cancels a visit with less than 48 hours prior notice, Broomstix reserves the right to charge the Client a late cancellation fee.

Safe Provision of Services

The Service Provider is wholly responsible for ensuring the personal suitability of a Client, and that the Client's home or premises constitute a safe working environment. The Service Provider is solely responsible for working in an appropriate and safe manner at all times. 

Service Providers should notify Broomstix by email if they have significant concerns regarding the personal conduct of a Client, or the safety or suitability of their premises.

Service Providers should not use ladders, furniture, or any other items to reach elevated areas unless they are fully qualified to do so and properly insured. Service Providers should not use bleach products, or any other substances which might cause permanent damage, or which might harm the health of occupants or pets. The use of any product which might cause damage to property or health should be carried out with great care and any cleaning materials should never be left unattended or otherwise in the presence of pets or children.

Personal Profile

During the registration process, Service Providers are requested to complete a personal profile, including a photo and details of their experience and suitability for the type of service they offer. Service Providers must provide full and accurate information. Service Providers accept that the photo and information provided in the registration process will form part of their online personal profile and the said profile may be displayed to Clients whilst conducting relevant searches. Service Providers may update their personal profile information at any time by editing their profile details online.

Ratings

Broomstix operates a ratings system wherein Clients may rate the performance of their Service Provider. Service Providers acknowledge and accept that such ratings may be shown on their Broomstix personal profile. Service Providers may request removal of any ratings that are not genuine or respectful by contacting Broomstix.

Accepting Service Offers and Sharing of Contact Details

When a Client requires a Service Provider, the Client conducts a criteria-defined online search. The Client may then select one or more appropriate Service Providers from a list of personal profiles to whom the offer of work is notified. On receiving notice, it is at the discretion of the Service Provider whether to accept the offer. If the Service Provider wishes to accept the work offer, they should do so as quickly as possible, as the Broomstix system considers the position filled by the first valid acceptance. Service Providers acknowledge and accept that, on acceptance of the work offer, their contact details will be exchanged with the Client in order for the booking to be finalised. If a Service Provider is registered and is offered work numerous times but fails to respond to such work offers, Broomstix reserves the right to remove such Service Provider if, in the opinion of Broomstix, the Service Provider is not genuinely seeking work.

Cancellation or Non-Attendance by Service Provider

Service Providers must provide reasonable prior notice if they are unable to attend a scheduled appointment and offer an alternative appointment whenever possible. Service Providers must not cancel an appointment without prior agreement or reasonable notice, and must attend all booked visits promptly as arranged. If a Service Provider fails to attend a booking without reasonable excuse, Broomstix may charge the Service Provider an administration fee of £25 for each incidence.

Restriction on Direct Engagement of Service Providers

Clients must not contact, nor attempt to engage the services of any Service Provider introduced by the Broomstix platform. Clients will inform Broomstix immediately if any Service Provider solicits cash or any other form of payment other than through the Broomstix online payment system. Broomstix reserves the right to remove from the platform any Service Provider who is found to have, or is reasonably suspected of, soliciting work from a Client other than through Broomstix.

Intellectual Property Rights

Broomstix is the owner or licensee of all intellectual property rights and material published on the Broomstix website, app or other electronic media.

Trademark Protection

Broomstix is the registered trademark of Broomstix Homecare Limited and all rights in the trademark, domain name, logos, service marks, brand names, and trading names are reserved.

Legal Liability

Broomstix will not be liable to Service Providers for any loss or damage (whether in contract, tort, delict (including negligence), breach of statutory duty or otherwise) arising under, or in connection with, the Service Provider’s use of, or inability to use, Broomstix unless such loss or damage is a foreseeable result of our breach of these terms of use, or our negligence. Users of Broomstix acknowledge and agree that Broomstix will not under any circumstances be liable for: (i) the behaviour, acts or omissions of any Client; or (ii) any loss or damage caused by any bug, virus, distributed denial-of-service attack or other technologically harmful material that may infect your information technology (including your Mobile Device), data or your downloading of any content on it or on any website linked to it. In addition, businesses, or individuals using Broomstix in a business capacity, acknowledge and accept that: (i) The maximum aggregate liability under these Terms of Use whether in contract, tort, delict (including negligence) breach of statutory duty or otherwise, shall in all circumstances be limited to the service fee paid by you to us during the 12 month period immediately prior to the liability arising; (ii) Broomstix will not be liable for loss of profits, sales, business or revenue, business interruption, loss of anticipated savings or interest, loss of business opportunity, loss of or damage to data, loss of or damage to reputation or goodwill, or any indirect, special or consequential damages, loss, costs, claims or expenses of any kind; and (iii) To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service Provider’s use of Broomstix, whether express or implied. Nothing in these Terms of Use: (i) excludes or limits our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by law; or (ii) is intended to affect your statutory rights.

Liability

You may only use Broomstix for lawful purposes and you may not use it: (i) in any way that breaches any applicable local, national or international laws or regulations; (ii) to send, knowingly receive, upload or download, use or re-use any material which does not comply with our content standards as set out below; (iii) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar unsolicited communication;

Content Standards

The content standards below apply to any material which you post or upload to Broomstix or to any associated interactive services. Any such content must be fair, accurate and genuine and must not: (i) be defamatory of any person, obscene, offensive, hateful, inflammatory or otherwise objectionable; (ii) promote violence or indecent or sexually explicit material; (iii) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iv) infringe or violate any copyright, database right, trade mark or any other intellectual property right of any other person; (v) be likely to deceive or defraud; (vi) be threatening, abusive or cause annoyance; (vii) be used to impersonate or misrepresent your identity; (viii) relate to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium rate telephone numbers); (ix) disseminate or disclose personal information without permission: or (x) collect or solicit another person’s personal information for commercial or unlawful purposes. Broomstix will not be liable for the content or accuracy of any content posted or uploaded by users that infringes the above contents standards. Any such content will be considered to be non-confidential and non-proprietary and we have the right to use, store, copy, distribute and disclose the same to third parties (including the relevant authorities) for any purpose whatsoever without any liability or payment to, or recognition of, you of any kind. We reserve the right to disclose the Client’s identity to any third party in respect of whom a review, feedback and/or comments is posted and who claims that any content so posted or uploaded constitutes a violation of their intellectual property rights, is defamatory, or is an infringement to their right to privacy or other legal right. We have the right to remove or delete any posting, or to disclose it to the relevant authorities if, in our opinion, the post does not comply with our content standards, or is illegal.

Termination

Service Providers may request the closure of their Broomstix account at any time by emailing us at support@broomstix.co.uk subject to payment of any sums due or outstanding. On termination, Service Providers may not solicit work from any Clients introduced to them by Broomstix for a period of 12 months. If a Service Provider solicits work from any Client introduced by Broomstix, then Broomstix reserves the right to charge the Service Provider an administration fee of £150. 

Suspension or Withdrawal of Services

Broomstix will determine, in its sole reasonable discretion, whether a User is in breach of these Terms of Use and if such a breach has occurred, we may take any of the following actions: (i) immediate temporary or permanent suspension from Broomstix: (ii) legal proceedings for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and (iii) disclosure of such information to legal authorities as we feel is reasonable.

Links to Third Party Websites and Resources

The website and app may contain links to third party websites, including advertisers. Any such links to them are for information only and Broomstix is not responsible for their content and is not liable for any loss or damage that may arise from your use of them.

Transfer of Rights and Obligations

Broomstix may transfer its rights and obligations under these Terms of Use without affecting your rights or our obligations.

Waiver

If Broomstix fails to insist on performance of obligations under these Terms of Use, or if we do not enforce such rights against a Service Provider, or if we delay in doing so, that does not mean that we have waived our rights against you. If Broomstix waives a Service Provider’s default that will not mean that we waive any later default, whether of the same type of default or any other.

Full Force and Effect

Each of the conditions of these Terms of Use are severable and operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

Applicable Law

These Terms of Use are governed by the relevant jurisdiction within the United Kingdom. If you are a consumer, the courts of the United Kingdom will, subject to the paragraph below, have non-exclusive jurisdiction over any claim arising from, or related to, these terms of use. If you are a business, you and we each agree that the courts of Scotland will have exclusive jurisdiction over any claim arising from, or related to, these terms of use. Nothing in the foregoing paragraph will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdictions preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.