Terms & Conditions – Relocation

Terms & Conditions – Relocation

1. GENERAL DEFINITIONS

    1. ‘We’, ‘our’ and ‘the Company’ relates to MATRIX RELOCATION;
    2. ‘You’ relates to any corporation or individual who agrees to be a client of our Company.
    3. Accepting a quotation (in writing) constitutes a Booking, and you agree to retain our services and be bound by this contract.
    4. “Third party services” expenses mean any expense approved by you, at the time of your Booking.

2. WEBSITE TERMS OF USE

    1. By accessing this website you irrevocably agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions you should not use or access this website
    2. Any material contained on our website is made available for your personal non-commercial use only.
    3. All copyright in the material contained in this website and all intellectual property in any or all of the Company’s trademarks and brand names belongs to the Company.
    4. Whilst we endeavour to ensure that the information provided on this website is accurate, we make no warranties in relation to its completeness and accuracy.
    5. To the fullest extent permissible under applicable law we will not be held liable for any errors or omissions contained in our website.

3. INTERPRETATION AND DEFINITIONS

    1. “Agreement” means the agreement between the Client and the Partnership for the provision of the Services, which incorporates the Schedule and these Terms and Conditions.
    2. “Commencement Date” means the date set out in the Schedule or such other date as the Parties agree.
    3. “Date Of Estimated Arrival At The Destination” means the date of estimated arrival at the Destination set out in the Schedule, which date may only be varied for the purpose of giving notice under this Agreement by the Partnership in its discretion.
    4. “Fee” means the fee set out in the Schedule plus VAT, including without limitation, any deposit, or as otherwise agreed in writing by the parties.
    5. “Interest” means 10% per annum calculated daily and payable weekly on all  outstanding amounts payable by the Client.
    • “Third Party Services” means any extra expense incurred by the Partnership, approved by you.
    • “Packages” means the package of the Services agreed to be provided in this Agreement.
    • “Parties” means the Client and the Partnership and either of them.
    • “Terms and Conditions” means these terms and conditions which form part of the Agreement and the Partnership’s website.
    • “Schedule” means the schedule cover page to our Agreement.
    • The following shall apply, where the context requires:
      1. “We”, “Our” and “the Partnership” denotes to New In Town Executive Relocations.
      2. “You” denotes to any corporation, individual or business or government entity who is the Client.
      3. Words importing the singular shall include the plural and vice versa.
      4. Words importing any one gender shall include the other gender and vice versa.
      5. “Persons” or “Individual” shall include corporations, trusts partnerships and any business entity of any nature.
      6. A reference to days shall be to calendar days unless otherwise stated.
      7. Where a party to the Agreement consists of two or more persons the obligations of such persons under the Agreement shall be joint and several.
      8. The obligations of the Parties shall be binding on their successors in title, assigns or legal personal representatives.
      9. The discretions of the Partnership shall be absolute discretions.

4. AGREEMENT

    1. In consideration of the Client paying the Fee and fully and promptly complying with its obligations under this Agreement, the Partnership agrees to provide the Services to the Client commencing on the Commencement Date, as set out in this Agreement.
    2. Following acceptance of a quotation in writing from a Client, it is the Partnership’s practice to issue an Agreement to the Client.
    3. The Fee quoted in such Agreement is valid for 30 days from the date of issue of such Agreement and may be withdrawn or varied by the Partnership at any time before the Partnership signs the Agreement and receives the Deposit in full in cleared funds.
    4. For the avoidance of doubt, the Partnership may not commence the Services until the Agreement is signed and the Deposit is received in cleared funds.
    5. The Agreement shall take precedence over any other representations, agreements, arrangements or understandings relating to the supply of the Services and any matters in connection with the Services.

5. PACKAGES      

1. We offer core services, grouped as follows:

1.1. Singles & Couples

1.2. Families

2. The core services the Client receives is dependent on whether they choose      6.1.1 or 6.1.2 however, if the client does not require some of the services, we will apply the indicative hours allocated to those services against other service(s) of their choice, up to the total allowable hours for all services agreed in writing by the Parties.  Any additional time required can be included, charged at our hourly rate.

3. We offer additional services which are charged at our hourly rate.

6. PAYMENT

              7.1. Unless otherwise agreed by Us in writing, payment is required in full by cleared funds in advance of the relocation process. In default of such payment We reserve the right to refuse to commence services until such payment is received.

              7.2. In respect of all sums which are overdue to us, We will charge interest on a daily basis calculated at 10% per annum above the prevailing base rate for the time being of the Central Bank of the European Union.

7.3. You are required to pay the relocation charges in cash or by bank transfer. Under no circumstances You may withhold or off-set any part of the agreed price.  We reserve the right not only to terminate this contract, if payment is not received before the starting date of the relocation package booked (unless agreed otherwise in writing) but also not to carry out any of the services quoted for. Payment for the relocation cannot be withheld.

7. REIMBURSEMENT

If, for any reason, you do not proceed with your relocation or the Services:

The Client shall pay a cancellation fee of 30% of the total Fee paid plus VAT and any third party service incurred by the Partnership and any Service Fee; and

If our time spent on your relocation exceeds 30% of the total Fee plus VAT, the Client shall pay for any such additional time incurred at our hourly rate (as per clause 6.4).

8. TERMINATION

1. The Partnership may terminate the Agreement:

1.1. Before the Date Of Estimated Arrival At The Destination by notice with not less than 7 days notice period and the Partnership shall reimburse all of the Deposit less VAT and less any third party services incurred by the Partnership and less any Service Fee and less any VAT; or

1.2. After the arrival date by notice with not less than 14 days notice period in circumstances where in the Partnership’s discretion the Client is making unreasonable demands and it shall be in the Partnership’s discretion as to whether any of the Fee is reimbursed.

1.3. By notice with no notice period, if the Client:

1.3.1. Has failed or refused to pay any of the Fee due and payable to the Partnership, including without limitation, any balance of the Fee or any Interest or any combination of these amounts, on the due date of payment; or

1.3.2. Is in breach of any of the terms of the Agreement and fails to remedy the breach to the Partnership’s satisfaction (in the Partnership’s discretion) within 7 days of a notice of the breach being issued by the Partnership specifying the breach and requiring the Client to remedy the breach.

2. If the Agreement is terminated by either party or by Court order, then any Deposits may, in the discretion of the Partnership, be retained by the Partnership in part or full compensation for all Out of pocket expenses and the Service Fee costs, and loss of profit incurred by the Partnership.

9. NO ASSIGNMENT

The Client shall not assign any portion of the Agreement without the prior written consent of the Partnership, which consent may be withheld in the discretion of the Partnership.

10. VARIATION

The Agreement may only be varied in writing by the Parties.

11. WARRANTIES AND LIMITATION OF LIABILITY

  1. Notwithstanding any provision of any clause of this Agreement, the Client agrees that all warranties, representations and indemnities of the Partnership are excluded to the maximum extent permitted at law.

 

  1. Our liability to you shall be limited to the Fee less VAT paid by you. Save as precluded by law in no circumstances whatsoever shall we be liable for any consequential or indirect damage or loss to you or any other person, however caused.
  2. No provision contained in this Agreement shall operate or have effect so as to exclude our liability in respect of fraud or fraudulent misrepresentation.

12. FORCE MAJEURE

We shall not be liable to you for any loss, costs or expenses arising directly or indirectly from failure to perform or delay in performing any of our contractual obligations when failure or delay is caused by circumstances beyond our control, including without limitation force majeure or the refusal or failure of any third party whether or not engaged by the Partnership, to fully and promptly perform its obligations or duties.

 13. SEVERANCE

 If any provision of these terms and conditions is held by a Court or other competent authority to be invalid or unenforceable in whole or in part the remaining provisions of this Agreement are to remain in full force and effect.

14. ACKNOWLEDGEMENT

1. By signing this Agreement, the Client:

1.1.Acknowledges that he or she has read, understood and agreed to the provisions of this Agreement;

1.2. Agrees to be bound by this Agreement.

15. DISPUTES

              All disputes, arising out of or in connection with this contract, including those arising out of or concerning its interpretation, invalidity, performance or termination, as well as the disputes for filling gaps in this contract or its adaptation to newly established facts, shall be referred for resolution to the Court of Arbitration of the Chamber of Commerce and Industry of the respective country of our registered office you have signed contract with .

16. GOVERNING LAW

Any dispute between us will be governed by the substantive law of the country of registration of our respective country office you have signed contract with or you are in a process of signing with.