Client's Terms and Conditions

Terms of Use - Clients

Introduction

Broomstix Homecare Limited provides an online platform (Broomstix), linking self employed service providers (Cleaners) with clients seeking their services (Clients). In addition, Broomstix facilitates the payment for such services between Clients and Cleaners through the secure on-line payment gateway - Stripe.

Broomstix Company Information

Broomstix Homecare Limited is a private limited company, registration number 558091. We have offices at Gainsborough House, 2 Sheen Road, Richmond, London, TW9 1AE. Our company registered office is at 12 Hope Street, Edinburgh, EH2 4DB. 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

Registration and Security

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

Candidate Search and Exchange of Contact Details

Once the Client has conducted a criteria-defined online Broomstix search for Cleaners, a list of personal profiles will be displayed. It is the responsibility of the Client to peruse the list and select the candidates for notification of a work offer. Selection of the candidate signifies acceptance of the candidate’s hourly rate. Candidates will be notified of the work offer by email/text and the first candidate to respond to the offer concludes the search process. The Client will then be notified of the Cleaner's contact details. The Client’s contact details will also be notified to the Cleaner. The Client accepts that their contact details will be provided to the Cleaner in order to arrange appointments. It is the Client's responsibility to check the Cleaner's ID documents and references and ensure that the Cleaner is suitable for the work required. The Client enters into a binding contract and is committed to the relevant minimum commitment periods on the acceptance of the Client's offer by the Cleaner.

Minimum Commitment Periods and Default

All bookings are subject to a minimum visit period, and overall minimum commitment periods, depending on the booking frequency (One-off, Daily, Weekly or Fortnightly).

Bookings can be made on a regular basis (daily, weekly or fortnightly), or on a one-off basis.

One-off bookings are not subject to any ongoing commitment, other than a minimum visit period of 2 hours and this must be carried out within 4 weeks of the Cleaner's acceptance.

Daily bookings (regular cleaning visits more than once per week) are subject to a minimum commitment period of 40 hours and this must be carried out within 14 weeks, commencing on the date of the Cleaner's acceptance. Daily visits are subject to a minimum visit period of 2 hours.

Weekly bookings (regular cleaning visits on one day per week) are subject to a minimum of 20 hours and this must be carried out within 14 weeks commencing on the date of the Cleaner's acceptance. Weekly visits are subject to a minimum visit period of 2 hours.

Fortnightly bookings (regular visits once every two weeks) are subject to a minimum of 10 hours and this must be carried out within 14 weeks. Fortnightly visits are subject to a minimum visit period of 2 hours.

If a Client terminates the service, or otherwise fails to complete the aggregate minimum hours before the end of the appropriate period for their booking type, Broomstix reserves the right to charge £2.00 per hour of the remaining hours of the minimum commitment period, plus a £25 administration cost.

Pricing

Rates shown to Clients on the booking system are fully inclusive. Hourly rates are displayed on each of the personal profiles of the Cleaners within the online search facility. Rates shown may vary depending upon the search criteria used for the type and frequency of the booking (i.e. whether weekly, fortnightly or one-off). As all Cleaners are strictly self-employed, they are responsible for payment of any and all tax due. Broomstix expects Cleaners’ rates to be competitive. However, it is the Client’s responsibility to ensure the Cleaner is suitable and that their inclusive hourly rate provides good value for money. Broomstix and Cleaners reserve the right to make changes to their hourly rates from time to time. Such changes will be notified to their Clients at least 7 days prior to any such change taking effect. Along with the notice of a Cleaner's rate change, the Client will be provided the option to change their Cleaner, or, if applicable and subject to the Minimum Commitment periods, to terminate the provision of the services. The Client’s continued use of the Broomstix services after such notification shall signify consent to the rate change without the requirement for further written consent.Credit Card Authorisation.

First Appointment

Once exchange of contact details has taken place, the Cleaner is responsible for contacting the Client to make arrangements to allow inspection of any documentation, qualifications and/or references and to arrange the first appointment. The Client should give the Cleaner clear instructions for attendance, including address and location details, and any special access arrangements. It is expected that Clients will meet the Cleaners on the first visit and fully explain the work required to be carried out, the agreed scope of work, the hours and time period to be worked, and any special requirements. Clients accept that an initial part of a first appointment is essentially introductory and may not be entirely productive. However, Clients fully accept that the initial introduction period is chargeable at the standard hourly rate.

Supervision

Clients are responsible at all times for the supervision and direction of the Cleaners. It is the Client's responsibility to ensure that the Cleaners have sufficient tasks and sufficient instruction to carry out the provision of services in an effective and timely manner.

Amendments to Bookings

If a Client wishes to amend or cancel an appointment, the Client should agree such amendment or cancellation with the Cleaner direct, giving more than 48 hours notice. Cleaners are encouraged to be flexible, however amendments are subject to reasonable notice and agreement between the Client and the Cleaner. 

Cancellation of bookings

The Client may cancel a cleaning visit without charge subject to notice of more than 48 hours before the scheduled visit. If the Client cancels a cleaning visit providing less than 48 hours prior notice, Broomstix reserves the right to charge an administration fee of £25. All cancellations must be notified as soon as possible to the relevant Cleaner and to Broomstix by email at support@broomstix.co.uk. For the purposes of late cancellation charges, cancellations are effective as at the time and date of email notification to Broomstix.

Credit Card Authorisation

On registration, Clients are asked to provide a valid credit or debit card which will be used to pay for the services. Clients agree that Broomstix is entitled to undertake authorisation checks on the card through its online payment partner, Stripe. Clients agree that Broomstix is thereafter entitled to debit the payment card for payments on an ongoing basis for all services or administration fees. Broomstix does not store any Client payment card details.

 Payment

Broomstix collects payment from the Client on behalf of the Cleaner. An invoice will be sent to the Client when the Cleaner logs the visit on the Broomstix system. The payment due by the Client will comprise of the fee due to the Client based on the duration of the visit(s) calculated as the number of hours worked (or part thereof) multiplied by the Cleaner’s rate per hour. Payment is taken automatically using the Client’s credit or debit card details. 

Non-Payment 

If any payments are outstanding and overdue, we reserve the right to: (i) charge reasonable administration costs; (ii) charge interest; and (iii) take such other action as we deem appropriate including, without limitation, raising court proceedings for the payment of debt and interest.

Client’s Responsibility to Cleaners

Clients agree to treat all Cleaners with respect and without discrimination. Clients agree to provide Cleaners with all reasonable co-operation and communication in order for them to provide the services. Clients also acknowledge that Cleaners may become unavailable from time to time, whether due to illness or other reasons. Clients should respect that such events are occasionally unavoidable.

Safe Working Environment

Clients have a duty to provide a safe working environment for the Cleaners. Service Cleaners should not be required to use ladders or undertake any work at height. If any work is to be undertaken at height, Clients must ensure that the Cleaner is fully qualified and insured for such work.

Provision of Materials and Equipment

Clients must provide all the materials and equipment to enable the Cleaner to carry out the service. It is the Client’s duty to ensure that such materials and equipment are safe and suitable. Bleach or other products capable of causing permanent damage to fabrics, or causing a risk to health, should not be provided and the Cleaners and Broomstix will not be liable in any way for damage caused by bleach cleaning products provided by the Client.

Cancellation or Non-Attendance by Cleaners

Cleaners are encouraged to provide reasonable prior notice if they are unable to attend a scheduled appointment and to offer alternative appointments where possible. If a Cleaner cancels an appointment without prior agreement or reasonable notice, or if the Cleaner fails to attend promptly as arranged, the Client should notify Broomstix by email at support@broomstix.co.uk within 48 hours following the scheduled start time of the visit. Broomstix will, if possible, attempt to find a suitable replacement. However, in all circumstances, Broomstix is not liable for cancellation or non-attendance of a Cleaner.

Restriction on Direct Engagement of Cleaners

Clients agree not contact, nor attempt to engage the services of any Cleaner introduced to the Client by the Broomstix platform. Broomstix reserves the right to charge the Client an administrative fee of £150 if the Client engages the services of any Cleaner within a period of 12 month from the Client’s last contact with the Cleaner through Broomstix. Clients agree that they will not pay Cleaners in any form except by the Broomstix online payment system. If a Client is found to have made payment to a Cleaner other than by the Broomstix online payment system, Broomstix reserves the right to charge a £150 administration fee. Clients agree that they will inform Broomstix immediately if any Cleaner attempts to solicit cash or any other form of payment other than through the Broomstix online payment system.

General

These terms of use (Terms of Use) state the conditions upon which Users 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 agree to be bound by them. 

General Disclaimer

Broomstix takes no part in the provision of the home care services provided to Clients by Cleaners. Broomstix does not employ Cleaners nor act as agents for them. All Cleaners are strictly self-employed. Any contract, deemed or otherwise, for the provision of home care services is strictly between the Cleaner and the Client. Broomstix is not responsible for the acts or omissions of any Cleaner engaged through the Broomstix platform. Broomstix takes reasonable steps to obtain proof of identity and address of all Cleaners. However, we do not warrant the accuracy of such information, nor do we warrant that any particular Cleaner is suitable or qualified to provide any particular services. If the Client requires personal references, qualification documents, or any additional personal checks on  the Cleaner, the Client should request such documentation directly from the Cleaner at, or prior to, the Cleaner's first visit. The Client is wholly responsible for checking and verifying such additional personal documentation. The Client is responsible for providing the Cleaner with any materials and equipment necessary for the service to be carried out. Broomstix is not responsible to the Client for any damage or harm caused by materials or equipment provided by the Client. 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. The Client agrees 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 Cleaner should be raised with the Cleaner directly, and if appropriate, copied to Broomstix. Clients are encouraged to provide direct feedback and rate the quality of their Cleaner. If any dispute arises which cannot be resolved between the parties, Broomstix will use reasonable endeavours to try to mediate the resolution of such a dispute.

Rating Cleaners

Clients may rate their Ceaners and such ratings may be displayed on the Cleaner’s online profile. The aim of ratings is to keep the standard of services provided high. Ratings affect a Cleaner’s status and so Clients carrying out such ratings should be genuine and respectful.

Insurance

It is a condition of these terms that Clients carry normal buildings and contents insurance, whether domestic or commercial. Broomstix carries Professional Indemnity insurance. If a Cleaner causes damage to a Client’s property, any claim should be directed in the first instance towards the Client's property contents insurers. Any claim involving a Cleaner should be intimated immediately to the Cleaner and copied to Broomstix. 

Removal of Clients from the Broomstix Platform

Broomstix reserves the unlimited right to remove any Client from the Broomstix platform if such a Client fails to comply with any of the provisions of the Broomstix Terms of Use.

Use of the Broomstix Website and App

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

Changes to Terms of Use

Terms of Use may be altered or amended by Broomstix at any time. Broomstix undertakes to provide at least 7 days prior notification to Clients of any amendments by email. If Clients do not agree to such amendments they should notify Broomstix of their objection in writing within 7 days. Clients may in such circumstances proceed to terminate the provision of the services but subject always to the completion of the Minimum Commitment periods. The Client’s continued use of the Broomstix services without written objection shall signify consent to the amendments.

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.

Broomstix Trademark Protection

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

Legal Liability

Broomstix will not be liable to Clients 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 Client’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 Cleaners or the quality of the services they provide; 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 Client’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.

Client 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 Clients 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

Clients may request the closure of their Broomstix account at any time by emailing us at support@broomstix.co.uk, subject to fulfilling Minimum Commitment requirements and payment of any sums due or outstanding to Cleaners. On termination, Clients may not engage Cleaners introduced to them by Broomstix. Any such engagement within a period of 12 months is subject to an administration fee, as per the relevant section above.

Suspension or Withdrawal of Services

Broomstix will determine, at its sole reasonable discretion, whether a Client 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 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 Client, or if we delay in doing so, that does not mean that we have waived our rights against such client. If Broomstix waives a Client’s default that will not mean that we will 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  

If you are a consumer, the courts of your domicile in 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.