Terms of Service
By using our website, you agree to:
- House and Home Sitters Ltd, Company Number 09032097, registered in England and Wales but operating throughout the United Kingdom including Northern Ireland, as the owner of this website (also referred to below as ‘House and Home Sitters’, ‘our website’, ‘the owner of the website’, ‘the website’, ‘us’ or ‘our’ or ‘we’ and wherever the context makes grammatical sense), and provider through its database of House Sitters of house sitting and pet care services in the United Kingdom of Great Britain only (unless agreed otherwise), against payment for said services by the Homeowner Client;
- be known as the ‘Homeowner Client’ (namely the owner/occupier of the property and/or pets to be taken care of in your or his or her or their absence during any particular period, or the person representing the homeowner/occupier in his or her personal capacity, i.e. the party contracting with House and Home Sitters) or ‘House Sitter’ (namely any person who has registered via our website or email to apply to be appointed as a house sitter, been interviewed in person or online and thereafter formally appointed as such, in the capacity of a subcontractor), as the case may be;
- explicitly, by your online registration and/or when you use our website, be bound by these Terms of Service/ToS/Terms and Conditions/Ts&Cs, as amended from time to time with or without prior notice;
- our bearing no responsibility for opinions or material either on our website or of external contributors and/or content of any external websites included on or linked to our website;
- warrant all information or data of any kind, whether email, text, software, code, music, sound, images, video or otherwise (‘content’), introduced by you or on your behalf, belongs to you/the person providing the content, will not/not be objectionable or offensive, infringe any copyright, moral or other rights, dishonest, unlawful, threatening, harmful, abusive, harassing, constitute stalking, tortious, defamatory, libellous, vulgar, obscene or pornographic, infect this website or any service provided via virus infection or otherwise, give rise to civil or criminal liability, or violate any law;
- notify our website via our Contact Us page or email at email@example.com if you believe your content has been used in a manner considered copyright infringement or breach of your intellectual property rights;
- the reservation of all our website rights, including but not limited to all copyright, trademarks, patents, trade secrets, and any other proprietary right attached to our website, its content, and any goods or services which may be provided commercially or otherwise;
- the use of our website rights and intellectual property requiring our prior consent in writing, failing which such use will be unlawful, and to the provision of our services via our website not granting you any implied or express licence or right save as above;
- neither impersonate nor misrepresent your authority or association with any third party, nor collect any data of other users, nor introduce/use this website to introduce any external content or service in a commercial manner (other than promoting the business of House and Home Sitters or with our prior written consent), nor involve our website with any form of spam, junk mail, chain letters, pyramid schemes, unauthorised advertising, or commerce;
- our hereby reserving the right in our sole discretion to refuse or remove any publication or review posted by you on any forum or edit, remove or block access to any content you provide or publish elsewhere, terminate your website user access, remove data provided by you or your agent, either temporarily or permanently, amend or discontinue or not provide our house and pet sitting services (‘services’), without notice to you or any liability howsoever arising attaching to our website; any instruction by us to a third party publisher/forum to amend or remove any publication or social media post by you or a third party on your behalf irrespective of the veracity thereof or otherwise, as final and binding on you; grant House and Home Sitters Ltd a worldwide, royalty-free, perpetual and non-exclusive licence (including any moral, intellectual property or other such rights) to use, display, reproduce, modify, adapt, publish or revoke from publication, distribute, perform, promote, archive, translate, or create derivative works and compilations, in whole or in part, from any content created, provided or published by you or your agent, hereby warranting your authority to do so. Such licence shall include any form of media publication or technology or methodology already known or developed in the future;
- services or goods of third parties advertised or offered or provided on or via our website being governed by the policies and representations made by such third parties, with no liability howsoever arising attaching to our website;
- the house sitting and pet services via our website being provided ‘as is’, with no representations or warranties express or implied binding us;
- hereby indemnify House and Home Sitters Ltd against any damages howsoever arising from either your failure to abide by these Ts&Cs or otherwise;
- indemnify and hold harmless our website and its representatives, subsidiaries, affiliates or related parties, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, against any claim or demand howsoever arising, including but not limited to legal fees, a claim filed by any third party, as a house sitter or homeowner client or in connection with our website or the provision of our house and/or pet sitting services (or not, as the case may be), your provision of content or other material published, and any breach of these ToS or of the rights of a third party;
- your use of our website or services being at your sole risk, provided ‘as is’, and accept that House and Home Sitters Ltd expressly disclaims all warranties either express or implied (other than those contained in these ToS), including those of fitness of purpose, that any part of our service will be uninterrupted, timely, secure, accurate, reliable, or of any quality standard, error-free, virus-free (if applicable) or that any content on our website is safe for download, or that any advice or recommendations are accurate or correct; if any implied or disclaimed warranties may not be excluded under local jurisdiction law, the remaining ToS will, save for such exclusions, nonetheless remain valid and enforceable;
- any civil claim being filed forthwith, and in any event within 12 months of such claim arising, failing which the said claim shall lapse in its entirety and be no longer legally enforceable; no clandestine CCTV or telephone recording being used in evidence (except for any criminal act), unless prior written notification of such recording devices has been given upfront by/to the party/ies concerned;
- such claim being limited to the extent and greater of 1) subject to the claimant(s) facilitating and fulfilling all policy and other requirements in relation to the lodgement/processing of the claim against the insurer, whatever insurance compensation may be paid out less any excess or first amount payable, or 2) the daily basic rate as published on our Rates page on this website, multiplied by the number of days of the actual house sitting assignment actually paid for by the homeowner client; neither publish nor permit to be published negative remarks, opinions, information, reports or images in/on social or other media concerning House and Home Sitters or its subcontractor sitter(s) pending any insurance claim or legal proceedings, in default whereof such claim shall be automatically nullified;
- any indulgence granted by or failure to assert any right of, the website owner not constituting a waiver of such right;
- your appointment as a House Sitter for House and Home Sitters as an independent (sub)contractor (not an employee); a mutually binding contract (and not simply some casual arrangement) with all its legal obligations and consequences arising between you and House and Home Sitters upon your undertaking an assignment (whether verbally or in writing, including electronic mail); no additional payment accruing to you other than the daily subsistence allowance confirmed by email, travel expense contribution to a maximum of £60, and dog-walking fees in full as paid by the homeowner client of House and Home Sitters; no additional payment to you for pet care (including dogs, cats, birds, chickens, lizards, insects, fish and the like) undertaken by you as part of an assignment unless agreed otherwise in writing; be punctual and arrive in good time before the commencement of a house sitting assignment; any calculation or other errors made by us in relation to amounts due to you not being binding on us; not leave an assignment before its end-date and time except with the express prior written approval of House and Home Sitters; do a daily written progress report to the homeowner client – with copy to House and Home Sitters whether by email or WhatsApp and the like – including any photos of pets or whatever else may be relevant to the homeowner client and us; provide your own food during the assignment; take care of the homeowner client’s home and keep this clean and tidy (at the least as found on arrival); not be absent from the home of the homeowner client for more than four hours before and more than two hours after sunset; take all reasonable care and follow all instructions of the homeowner client, in particular providing the utmost care and attention to their property, pets and furnishings, respecting their privacy and confidentiality which includes not publishing any words or images on social media or otherwise publicising any information or voicing any opinions concerning the homeowner client or their pets without prior signed written permission from the homeowner client and/or House and Home Sitters Ltd; neither publish nor permit to be published any negative comments, images or opinions regarding House and Home Sitters itself; not under any circumstances admit liability to any third party (including the homeowner) in the event of any damage, injury or demise experienced during your house and/or pet sitting assignment, since doing so might vitiate (invalidate) the insurance cover held by House and Home Sitters – and may result in your being held personally liable for any damages incurred; nonetheless as between you and ourselves accept personal responsibility if your negligent or reckless actions caused such damages; accept liability for any loss or damage we may suffer in respect of any breach by you of these ToS or any agreement with homeowner clients; indemnify us for any loss or damage we may suffer as a result of any homeowner client bringing any claim against us or taking any action against us as a result of any breach by you; provide honest information as tendered or requested and comply with all these ToS, any breach in this regard being a valid ground in our sole discretion and, as the case may be, for an urgent injunction and/or immediate termination of your house sitter status with or without a claim for damages, including as minimum agreed pre-liquidated damages any amount payable to you by us; this para 21 being solely for the benefit of the website and no other party, and as binding on any person accompanying you as the named house sitter, warranting your authority to bind (as the authorised agent of) such other person(s) accompanying you, to these ToS; find someone to do so in your place if for any reason you are perhaps unable to carry out your assignment, that is, you will not simply ‘turn your back’ on your contractual commitment; accept that the terms of a contract may change, e.g. if the homeowner client cancels the dog walking, and that such changes will be binding on you without any claim for compensation or any form of loss, i.e. you agree to be bound by whatever terms are arranged between our homeowner client and House and Home Sitters; neither enter into any financial or “in kind” arrangements with our homeowner client, nor accept payment direct from our homeowner client, nor enter any private or direct arrangements with our homeowner client for any house sitting assignment, present or future, which excludes House and Home Sitters (and that in default you may held liable for damages, plus interest thereon – said interest also applicable to any other amounts payable or refundable by you – at the compound rate of 1% per month from the date of commencement of any such house/pet sitting assignment or default date until date of payment); always act honestly and diligently in the very best interests of the homeowner client and their pets, thereby upholding the high values and ethical standards of House and Home Sitters; always maintain a friendly, service-oriented attitude towards our homeowner clients and their pets, be reliable and trustworthy; ensure towels and bed linen used are left clean (washed) and folded on departure – with the whole property left at least as clean and tidy as when you entered it; be present to hand back the property and pets to the homeowner client – unless otherwise agreed in writing – at the end of an assignment and ensure everything is in order and the homeowner is happy with your services; ask the homeowner client to please provide a review of your services for publication on our website and other forums as above; provide your bank details to House and Home Sitters for payment direct to your bank account (with any bank or other associated charges, e.g. for payment into an international bank account, being for your own account) at the end of each house sitting assignment, since no payments will be made in cash – and, without exception, no payments will be made before an assignment has ended satisfactorily in the opinion of the homeowner client and ourselves; our responsibility to you for any claim arising whilst you are in our service to never be more than the total amount paid us by the homeowner client, or the insurance payout (if applicable and a claim is established by you) net of the excess, whichever is the greater; and do warrant hereby that you are legally entitled to work in the United Kingdom;
- your, in whatever capacity, having no claim for any indirect, special, incidental, actual, consequential, punitive or exemplary damages, including but not limited to damages for injury or death (personal or other), loss of travel expenditure, services including medical or professional services, goods or otherwise, profits, goodwill, use/loss of use of data or other intangible losses (even if our website, employee, house sitter subcontractor, agent, or homeowner client, has/has been warned against the potential damages), arising from the use of our services or the inability to use said services, the cost of obtaining substitute services or goods for any transaction entered through our website, unauthorised access to or alteration of computer or personal data, statements by any third party or conduct of any third party using our website or services, or any other claim relating to our services howsoever arising. In certain jurisdictions, it is not permitted by law to limit certain liabilities and only such excluded limitations shall then not apply. Nothing shall exclude a claim based on fraud or fraudulent misrepresentation or proved recklessness or gross negligence; expressly mitigate any loss or damages;
- these Terms of Service constituting the whole agreement between you and our website, with no reliance to be made on any other express or implied representations, whether elsewhere on this website or otherwise (unless recorded in writing);
- the laws of the England being applicable in the event of any dispute, and the court having jurisdiction over our website (owner) being the court in which any disputes shall be heard, that is if the parties concerned are unable to agree to arbitration and if they do so agree, to the decision of the arbitrator being final and binding on the parties; the assignment of any rights by the website owner.
- Collection of data
Registration on this site requires only what is requested in the registration form. You are not required to provide any other information if you do not wish to do so. As on most websites, the site editor may automatically receive general information that is contained in server log files, such as your IP address, and cookie information. We will keep your data within our website and our trusted third party technologies. We will never share or sell your information to third parties.
- Use of data
The site editor might not allow persons aged eighteen or younger to become members of this site. For more information, please contact the site administrator.
- Editing or deleting your account information
To the extent applicable, you are provided with the ability to edit the information stored for your user account information during registration. You can request your user account be deleted; to do so, please contact the site administrator as per 8. below. Content or other data that you may have provided, which is not stored within your user account, such as articles or reviews published, may continue to remain on the site and other forums at the site editor’s discretion, even after your user account is deleted. Please see the site’s ToS for more information. You have the right to ‘be forgotten’ or to request that House and Home Sitters erase your personal data that we hold, especially data that is no longer necessary.
Changes may be made to this policy from time to time. You will be notified of substantial changes to this policy either by through the posting of a prominent announcement on the site, and/or by a mail message sent to the e-mail address you have provided, which is stored within your user settings.
- No Guarantees
- Contact information
If you have any questions about this policy or about this website, please feel free to contact the site administrator via our Contact Us website page or email firstname.lastname@example.org for attention of the administrator.