RETHINKABLE
TERMS AND CONDITIONS
Between:
RETHINKABLE
11 Sandridge
Crowborough
East Sussex
TN6 1JE
And:
CLIENT/SERVICE USER
Background
A. Rethinkable provides practical decluttering, cleaning, home safety and related support services to individuals and, where applicable, organisations commissioning services on behalf of individuals.
B. Rethinkable provides its services on a project or job basis. Each job is individually assessed and quoted according to the scope of work required. A job may be completed over one day, multiple consecutive days, separate days or, where agreed, a specified number of hours per week.
C. Each job is quoted as a complete project. The quotation will normally specify the agreed scope of work, anticipated duration, staffing arrangements, applicable fees and any relevant assumptions, limitations or exclusions.
D. Services may include decluttering, removal of unwanted or unsafe items, cleaning, deep cleaning, disinfecting, organising and practical work intended to improve the safety, usability and condition of the property.
E. Where appropriate, Rethinkable may provide practical support to enable the Client/Service User to participate in the work, make decisions regarding belongings and work towards the agreed objectives of the service.
F. This Agreement sets out the terms and conditions under which Rethinkable will provide its services to the Client/Service User.
G. This Agreement is governed by the laws of England and Wales, subject to any statutory rights that apply to the Client/Service User.
1. Definitions
1.1 Agreement
"Agreement" means this legally binding document, including any schedules, appendices, quotations, job confirmations or other documents expressly incorporated into it, which sets out the terms and conditions governing the relationship between Rethinkable and the Client/Service User.
1.2 Rethinkable or Service Provider
"Rethinkable" or "Service Provider" means Rethinkable, operating from 11 Sandridge, Crowborough, East Sussex, TN6 1JE.
1.3 Client/Service User
"Client/Service User" means the individual receiving services from Rethinkable at their residence or other agreed premises. Where services are commissioned or paid for by another person or organisation on behalf of the Client/Service User, references to the Client/Service User may also include that commissioning or paying party where appropriate.
1.4 Services
"Services" means the services specified in the accepted quotation or otherwise agreed in writing between the parties, which may include decluttering, removal of unwanted or unsafe items, cleaning, deep cleaning, disinfecting, organising, practical home safety work and practical support relating to the delivery of those services.
1.5 Job or Project
"Job" or "Project" means the complete set of Services agreed and quoted by Rethinkable for the Client/Service User. A Job or Project may take place over one day, multiple consecutive days, separate days or a specified number of hours per week. The use of multiple days or weeks does not create an ongoing weekly service unless expressly agreed otherwise in writing.
1.6 Client-Involved Approach
"Client-Involved Approach" means a decluttering approach where the Client/Service User remains involved in the process and is given the opportunity to decide whether individual items are retained, removed, donated, recycled or disposed of.
1.7 Keep Sticker Approach
"Keep Sticker Approach" means a decluttering approach where the Client/Service User identifies items they wish to retain by placing a sticker, marker or other agreed indication on those items. By selecting this approach, the Client/Service User authorises Rethinkable to make reasonable practical decisions regarding items within the agreed work area that have not been identified for retention, in accordance with Clause 2.4.
1.8 Cancellation
"Cancellation" means the cancellation, postponement or prevention of an agreed Job or Project before or during the provision of the Services.
1.9 Termination
"Termination" means the ending of this Agreement or the cessation of the Services by either party in accordance with these Terms and Conditions.
1.10 Fees
"Fees" or "Service Fees" means the charges payable to Rethinkable for the Services, as specified in the accepted quotation or otherwise agreed in writing.
1.11 Business Day
"Business Day" means a day other than a Saturday, Sunday or public holiday in England.
2. Services
2.1 Service Offerings
Rethinkable shall provide the Services agreed with the Client/Service User following an initial consultation, assessment and quotation.
The Services may include:
(a) decluttering and removal of unwanted, unsafe or unsuitable items;
(b) cleaning, deep cleaning and disinfecting;
(c) organising and practical work intended to improve safety and usability;
(d) practical support to enable the Client/Service User to participate in the agreed work where appropriate; and
(e) other related services agreed between the parties in writing.
All Services are treated as part of a one-off Job or Project unless otherwise expressly agreed in writing. A Job may be delivered over one day, multiple consecutive days, separate days or specified hours per week.
The use of weekly hours or multiple weeks for delivery does not create an ongoing floating support service or an indefinite weekly service.
2.2 Service Delivery
Rethinkable shall provide the Services with reasonable care and skill and using appropriately trained staff, contractors or other personnel as considered appropriate for the Job.
The Client/Service User shall provide Rethinkable with reasonable access, information and cooperation necessary for the delivery of the Services.
2.3 Service Standards
Rethinkable shall provide the Services in accordance with applicable laws and regulations and with reasonable care and skill.
Rethinkable will seek to maintain confidentiality and respect the privacy and dignity of the Client/Service User throughout the provision of the Services.
2.4 Decluttering, Cleaning and Home Safety Services
(a) Quotes
Before commencing a Job, Rethinkable will normally provide a written quotation specifying the agreed scope of work, anticipated duration, staffing arrangements and applicable fees, together with any relevant assumptions, limitations or exclusions.
The Client/Service User must accept the quotation in writing before Rethinkable commences the agreed Services. Acceptance of the quotation confirms the Client/Service User's agreement to the scope of work, Fees and these Terms and Conditions, unless otherwise expressly agreed in writing.
(b) Pricing
The Fees for a Job may be based on factors including the size and condition of the property, volume and type of items, level of clutter, contamination or hygiene concerns, number of staff required, anticipated duration, removal and disposal requirements, cleaning requirements, access and any other relevant circumstances.
(c) Job Structure
Each quotation relates to the complete agreed Job or Project.
A Job may be completed:
in one day;
over multiple consecutive days;
over separate agreed days; or
over a specified number of hours per week for an agreed period.
Where Services are delivered over multiple days or weeks, the Job remains one quoted project unless otherwise agreed in writing.
(d) Decluttering Approach
Before the Job begins, the Client/Service User will agree with Rethinkable which of the following approaches will apply:
(i) Client-Involved Approach – the Client/Service User remains involved in the decision-making process and is given the opportunity to decide what is retained, removed, donated, recycled or disposed of.
(ii) Keep Sticker Approach – the Client/Service User identifies items they wish to retain by using the agreed sticker or marking system before Rethinkable begins work. Under this approach, the Client/Service User will not be required to remain at the property while the Services are carried out, and Rethinkable is authorised to make reasonable decisions regarding unmarked items within the agreed work area in accordance with these Terms and Conditions.
(e) Client-Involved Approach
Where the Client-Involved Approach is selected, the Client/Service User will remain involved in decisions regarding individual belongings wherever reasonably practicable.
Rethinkable will not ordinarily remove or dispose of an item where the Client/Service User has clearly stated that they wish to retain it.
This is subject to items that present a significant health, safety, contamination, hygiene, pest, legal or other reasonable risk.
(f) Keep Sticker Approach
Where the Keep Sticker Approach is selected, the Client/Service User is responsible for identifying items they particularly wish to retain by using the agreed sticker, marker or other method.
By selecting the Keep Sticker Approach, the Client/Service User authorises Rethinkable to make reasonable practical decisions regarding items within the agreed work area that have not been identified for retention.
(g) Decisions Under the Keep Sticker Approach
When deciding what to do with unmarked items, Rethinkable may consider factors including:
the condition of the item;
whether it remains usable;
whether it is damaged beyond practical use;
whether there is sufficient space for it;
health and safety;
contamination or hygiene;
infestation or pest risks;
whether the item is practical or appropriate to retain;
the agreed objectives of the Job; and
whether retaining the item would reasonably undermine the safety or usability of the space.
Depending on the circumstances, unmarked items may be retained, organised, donated, recycled, removed or disposed of.
(h) Retention of Suitable Items
Rethinkable will take reasonable steps to retain items that are clearly in good condition and reasonably practical to retain.
However, where the Keep Sticker Approach has been selected, Rethinkable cannot guarantee that every unmarked item will be retained.
(i) Unsafe or Contaminated Items
Items that are contaminated, unhygienic, infested, perished, unsafe, damaged beyond practical use or otherwise unsuitable may be removed or disposed of where reasonably necessary, regardless of which decluttering approach has been selected.
(j) Client Authorisation
By selecting the Keep Sticker Approach, the Client/Service User acknowledges that they are authorising Rethinkable to make reasonable practical decisions regarding unmarked items within the agreed work area without obtaining individual approval during the Job. The Client/Service User is responsible for identifying any important, valuable, sentimental or otherwise significant items they wish to retain before Rethinkable commences work.
(k) Client Not Present
Where the Keep Sticker Approach has been selected, the Client/Service User will not be required to be present at the property while Rethinkable carries out the agreed Services. The Client/Service User must identify any items they wish to retain by using the agreed sticker or marking system before Rethinkable commences work. Rethinkable may then proceed with reasonable decisions regarding unmarked items within the agreed work area without obtaining further individual approval from the Client/Service User.
(l) Belongings Belonging to Other Persons
Where items appear to belong to another person, including a child or another household member, Rethinkable may require appropriate consent or involvement before removing or disposing of those belongings.
Where an item presents a significant and immediate safety or hygiene risk, Rethinkable may take reasonable steps to address the risk.
(m) Client Responsibility
Where the Keep Sticker Approach is selected, the Client/Service User is responsible for identifying, before Rethinkable commences work, any important, valuable, sentimental or otherwise significant items that they wish to retain by using the agreed sticker or marking system. Rethinkable cannot be responsible for treating an unmarked item as a keep item where the Client/Service User has not identified it in accordance with the agreed approach.
(n) Purpose of the Services
The purpose of the Services is to improve safety, usability, hygiene, organisation and condition.
Rethinkable does not guarantee that a property will be completely cleared, minimalist or meet a particular aesthetic standard.
The objective is to create a safer and more usable environment rather than a "picture perfect" home.
(o) No Guarantee of Completion: Rethinkable will make reasonable efforts to make meaningful progress towards the agreed scope of work within the anticipated duration. However, the quotation is based on the number of days and/or hours stated and does not guarantee completion of the entire identified scope of work within that period. The pace and extent of progress may be affected by the Client/Service User’s participation, decision-making, availability, cooperation, access, the actual volume or condition of belongings, contamination, safety concerns or other circumstances encountered during the Job. If additional time is required, this may be discussed and separately quoted where appropriate.
(p) Change in Scope
If, once work begins, the condition of the property, volume of belongings, contamination, access requirements, safety concerns or other circumstances differ materially from the basis on which the quotation was prepared, Rethinkable may propose a revised scope, duration, staffing arrangement or Fee.
Where reasonably practicable, Rethinkable will discuss any additional chargeable work with the Client/Service User before undertaking it.
(q) Agreed Approach
The selected decluttering approach will normally be confirmed in the quotation, job confirmation or other written communication before Services commence.
2.5 Service Modifications
The Client/Service User may request modifications to the agreed scope or nature of the Services.
Rethinkable will consider such requests and may agree to them subject to any necessary changes to the Fee, staffing, duration or other terms.
Any significant changes will be confirmed in writing where reasonably practicable.
2.6 Limitations and Exclusions
Rethinkable reserves the right to refuse, suspend or discontinue Services where:
(a) the Client/Service User fails to provide a reasonably safe working environment;
(b) the Client/Service User or another person at the property fails to cooperate with reasonable requirements necessary for the safe delivery of the Services;
(c) there is a material breach of these Terms and Conditions, including non-payment;
(d) Rethinkable reasonably determines that continuing the Services would pose an unacceptable risk to the health, safety or wellbeing of its staff, contractors, the Client/Service User or another person;
(e) circumstances arise that were not reasonably foreseeable when the quotation was prepared and which materially affect Rethinkable's ability to deliver the Services safely; or
(f) the property contains circumstances, materials or hazards that Rethinkable is not equipped, trained or insured to deal with.
2.7 Client/Service User Responsibilities
The Client/Service User shall:
(a) provide reasonable and safe access to the property;
(b) provide accurate information relevant to the Services, including any known hazards, access restrictions or other circumstances that may affect the Job;
(c) follow reasonable instructions provided by Rethinkable in relation to health and safety;
(d) cooperate with Rethinkable staff and contractors where their participation is required;
(e) ensure that Rethinkable is informed of any relevant changes to the property or circumstances before the Job commences; and
(f) where the Keep Sticker Approach is selected, identify all items they wish to retain before Rethinkable commences work and ensure that the agreed sticker or marking system has been applied clearly and appropriately.
2.8 Staffing
Rethinkable will determine the appropriate number of staff required for the Job based on the agreed scope, property, risks, anticipated workload and other relevant circumstances.
The number of staff may vary between working days where this is reasonably necessary to deliver the Job.
Where appropriate, Rethinkable may use contractors or other suitably trained personnel.
Where there is a known history of violence, threats, aggression or other significant safety concerns, Rethinkable may require two or more staff to attend as a condition of providing the Services.
3. Fees and Payment
3.1 Service Fees
(a) The Fee payable for each Job will be specified in the written quotation accepted by the Client/Service User.
(b) The quotation relates to the complete agreed Job or Project and is not a weekly floating-support arrangement.
(c) The Fee may take into account the scope of work, size and condition of the property, staffing, anticipated duration, cleaning requirements, removal and disposal, equipment, access, contamination and other relevant factors.
(d) Where the scope of work changes materially, Rethinkable may propose a revised Fee in accordance with Clause 2.4.
(e) Any applicable VAT or other taxes will be dealt with in accordance with the law and the quotation.
3.2 Payment Terms
(a) Private Clients: Unless otherwise agreed in writing, the full balance for a Job is due by 5.00 pm on the final agreed working day of the Job.
(b) For a one-day Job, payment is due by 5.00 pm on that day.
(c) For a Job taking place over multiple days, payment is due by 5.00 pm on the final agreed working day.
(d) Where Services are commissioned by a Local Authority, Adult Social Care department, housing provider or other organisation, payment will be made in accordance with the applicable commissioning or purchase arrangements.
(e) Unless different payment terms have been agreed in writing, invoices issued to organisations will be payable within 30 days of the invoice date.
(f) Payments shall be made by bank transfer or another payment method agreed in writing.
(g) Where applicable to a business-to-business transaction, Rethinkable reserves the right to charge statutory interest and compensation on overdue commercial debts in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
3.3 Cancellation by the Client/Service User
(a) Each quotation relates to a specific Job and Rethinkable will allocate staff, time, equipment and other resources based on the agreed quotation.
(b) Where the Job has not yet commenced and the Client/Service User cancels or postpones more than 48 hours before the scheduled commencement time, no cancellation fee will normally be charged.
(c) Where the Job has not yet commenced and the Client/Service User cancels or postpones less than 48 hours before the scheduled commencement time, Rethinkable may charge a cancellation fee of 15% of the total agreed quotation.
(d) Where the Job has commenced and the Client/Service User asks Rethinkable to stop or end the Job before the agreed period has been completed, the total quoted Fee remains payable. Rethinkable will, where reasonably practicable, discuss reasonable adjustments to the remaining Services and make reasonable efforts to complete as much of the agreed scope as possible.
(e) Where the Job nevertheless ends early, Rethinkable may, at its discretion, apply a reasonable reduction to the total quoted Fee having regard to the circumstances and the work remaining.
(f) Any reduction under this Clause is discretionary and does not create an entitlement to a particular percentage or amount of reduction on future Jobs.
(g) Where a Job is cancelled or stopped due to circumstances outside the Client/Service User’s control, Rethinkable will consider the circumstances when determining whether any cancellation fee or reduction should apply, subject to any applicable legal or commissioning requirements.
3.4 Cancellation, Postponement or Rescheduling by Rethinkable
(a) Rethinkable may cancel, postpone or reschedule a Job where circumstances prevent or make it unreasonable or unsafe to deliver the Services as agreed, including:
staff unavailability;
emergencies;
health and safety or welfare concerns;
severe weather;
illness;
equipment or vehicle failure;
events outside Rethinkable’s reasonable control; or
other circumstances that make it unreasonable or unsafe to proceed.
(b) Rethinkable will provide as much notice as reasonably practicable and will seek to agree alternative dates where appropriate.
(c) Where Rethinkable cancels a Job and is unable to provide the Services, the Client/Service User will not be charged for Services that have not been provided.
(d) Where the cancellation, postponement or discontinuation arises because of circumstances for which the Client/Service User is responsible, Rethinkable may rely on the applicable provisions of these Terms and Conditions.
3.5 Access and Client Cooperation
(a) The Client/Service User is responsible for providing reasonable and safe access to the property for the agreed duration of the Job.
(b) Where access is withdrawn, restricted or otherwise prevented after a Job has commenced and this prevents Rethinkable from completing the agreed work, this may be treated as a Client/Service User-initiated cancellation or termination.
(c) Rethinkable may document circumstances affecting the delivery of a Job and, where appropriate and lawful, may share relevant information with the commissioner, funding authority, housing provider or other professional involved in the service.
(d) Where a Job is commissioned or funded by a third party, including a Local Authority, housing provider or other organisation, payment and cancellation arrangements may also be subject to the relevant commissioning agreement.
(e) Where a binding commissioning agreement conflicts with these Terms and Conditions, the applicable commissioning agreement will take precedence to the extent of the conflict.
4. Cancellation and Termination
4.1 Cancellation by the Client/Service User
The Client/Service User may cancel or postpone a scheduled Job by providing written notice to Rethinkable. Any cancellation, postponement or request to end a Job after commencement will be dealt with in accordance with Clause 3.3.
4.2 Cancellation, Postponement or Rescheduling by Rethinkable
Any cancellation, postponement or rescheduling by Rethinkable will be dealt with in accordance with Clause 3.4.
4.3 Termination by the Client/Service User
(a) As Rethinkable provides one-off Jobs or Projects rather than ongoing floating support, the Client/Service User is not required to provide seven days' notice to terminate an ongoing support arrangement.
(b) If the Client/Service User decides to stop a Job after it has commenced, they remain responsible for Fees relating to Services already provided.
(c) Where the Client/Service User stops the Job before the agreed work has been completed for reasons other than a failure by Rethinkable to provide the Services with reasonable care and skill, Rethinkable may treat the remaining work as cancelled and apply the relevant provisions of Clause 3.3, subject to applicable law and any commissioning arrangements.
4.4 Termination or Discontinuation by Rethinkable
Rethinkable may terminate or discontinue the Services where:
(a) Fees remain unpaid;
(b) there is a material breach of these Terms and Conditions;
(c) the Client/Service User or another person at the property engages in threatening, abusive, aggressive, violent or sexually inappropriate behaviour towards Rethinkable staff or contractors;
(d) Rethinkable reasonably considers that continuing the Services would create an unacceptable risk to the health, safety or wellbeing of any person;
(e) the Client/Service User repeatedly prevents reasonable access or cooperation required to deliver the Services; or
(f) circumstances arise which mean that Rethinkable can no longer reasonably provide the Services safely or within the agreed scope.
Where reasonably practicable, Rethinkable will explain the reason for discontinuing the Services.
The financial consequences of termination or discontinuation by Rethinkable will depend on the circumstances and will be dealt with in accordance with the applicable provisions of these Terms and Conditions.
4.5 Consequences of Cancellation or Termination
Following cancellation or termination:
(a) any Fees or other amounts properly payable under these Terms and Conditions shall remain due, including any amounts arising under Clause 3.3 or 3.4, as applicable;
(b) each party shall, where reasonably practicable, return any personal belongings, materials or confidential information belonging to the other party;
(c) confidentiality and data protection obligations shall continue in accordance with Clause 5; and
(d) any provisions which by their nature are intended to continue after termination shall remain in effect.
4.6 Force Majeure
Neither party shall be liable for delay or failure to perform its obligations under this Agreement where the delay or failure arises from circumstances beyond that party's reasonable control.
Such circumstances may include natural disasters, severe weather, war, civil unrest, government action, epidemic or pandemic, significant transport disruption, or other circumstances that could not reasonably have been prevented.
The affected party shall notify the other party as soon as reasonably practicable and shall take reasonable steps to minimise the effects of the event.
4.7 Dispute Resolution
The parties shall first seek to resolve any dispute through good faith communication.
Where appropriate, the parties may agree to use mediation or another form of alternative dispute resolution.
Nothing in this clause prevents either party from exercising any legal right available to them or seeking appropriate relief from a court.
4.8 Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
Subject to any applicable consumer rights, the courts of England and Wales shall have jurisdiction over disputes arising from this Agreement.
5. Confidentiality and Data Protection
5.1 Confidential Information
"Confidential Information" means information shared with Rethinkable in connection with the Services which is private, personal or confidential in nature.
This may include personal information, health information, financial information, information about a person's home or circumstances and other sensitive information.
5.2 Confidentiality
Both parties shall take reasonable steps to keep confidential information private and shall not disclose it except where necessary for the performance of the Services, with consent, or where disclosure is permitted or required by law.
5.3 Data Protection
Rethinkable will process personal information in accordance with applicable data protection legislation, including the UK General Data Protection Regulation and Data Protection Act 2018.
Rethinkable will take appropriate technical and organisational measures to protect personal information against unauthorised access, loss, misuse or disclosure.
5.4 Disclosure Required by Law
Rethinkable may disclose information where required by law, court order or a lawful request from an appropriate authority.
Where reasonably practicable and legally permitted, Rethinkable will inform the Client/Service User before making such disclosure.
5.5 Safeguarding and Serious Risk
Rethinkable may disclose relevant information where it reasonably considers this necessary to protect the Client/Service User or another person from serious harm, to respond to safeguarding concerns, or where disclosure is otherwise required or permitted by law.
5.6 Information Retention
Rethinkable may retain records relating to the Services for as long as reasonably necessary for legal, regulatory, insurance, safeguarding, accounting or legitimate business purposes.
5.7 Photos
Where appropriate, Rethinkable may take photographs of the property before, during and after a Job for the purposes of:
assessing the condition of the property;
documenting the work carried out;
demonstrating progress and outcomes;
preparing service outcome reports;
identifying health and safety risks; and
providing relevant evidence to a commissioner, funding authority, housing provider or other professional involved in the Job.
Photographs will not be used for social media, advertising or other public purposes without appropriate consent.
Rethinkable will take reasonable steps to avoid unnecessarily capturing identifiable personal information or private belongings in photographs where this is not required for the purpose of the Job.
5.8 Survival
The confidentiality and data protection obligations in this Section 5 shall continue after the completion or termination of the Services where required by law or by their nature.
6. Intellectual Property
6.1 Ownership
Rethinkable retains ownership of its intellectual property, including its business materials, processes, methodologies, templates, reports, written materials and other materials created or owned by Rethinkable.
6.2 Client Use
The Client/Service User may use documents and reports provided to them by Rethinkable for their intended personal or commissioning purposes.
The Client/Service User shall not reproduce, sell, distribute or commercially exploit Rethinkable's proprietary materials without prior written permission.
6.3 Third-Party Materials
Where Rethinkable uses third-party materials, software, photographs, information or intellectual property, use of those materials will remain subject to any applicable third-party terms.
6.4 Service Reports
Any service outcome report prepared by Rethinkable for the Client/Service User or commissioning organisation may be used for the purpose for which it was prepared.
Rethinkable retains ownership of its underlying templates, processes and methodologies.
7. Liability and Indemnification
7.1 Liability
Nothing in these Terms and Conditions excludes or limits any liability which cannot legally be excluded or limited.
In particular, nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot legally be excluded or limited.
Rethinkable will provide the Services with reasonable care and skill.
7.2 Property and Belongings
The Client/Service User acknowledges that decluttering Services may involve moving, handling, donating, recycling, removing or disposing of belongings in accordance with the agreed decluttering approach.
Where the Keep Sticker Approach is selected, the Client/Service User is responsible for identifying important, valuable, sentimental or otherwise unsuitable-to-remove belongings.
Rethinkable shall not be responsible for loss or damage to an item where:
(a) the Client/Service User authorised its removal or disposal;
(b) the item was not identified for retention under the Keep Sticker Approach and was reasonably dealt with in accordance with Clause 2.4;
(c) the item was unsafe, contaminated, perished, infested, damaged beyond practical use or otherwise unsuitable for retention; or
(d) the loss or damage arose from circumstances outside Rethinkable's reasonable control.
This does not limit any liability which cannot legally be excluded.
7.3 Limitation of Liability
To the extent permitted by law, Rethinkable shall not be liable for indirect or consequential losses arising from the Services.
Any limitation of liability shall not apply where such limitation would be unlawful or would prevent the Client/Service User from exercising a statutory right.
7.4 Client Responsibility
The Client/Service User remains responsible for providing accurate information about the property and for identifying known hazards, valuable belongings and other relevant information before Services commence.
7.5 Insurance
Rethinkable maintains appropriate insurance for its business activities.
7.6 Compliance with Law
Both parties shall comply with applicable laws and regulations relevant to their respective obligations under this Agreement.
8. Governing Law and Jurisdiction
8.1
This Agreement and any dispute or claim arising from it shall be governed by the laws of England and Wales.
8.2
Subject to any applicable consumer rights, the courts of England and Wales shall have jurisdiction to settle disputes arising from this Agreement.
8.3
Nothing in this Agreement prevents either party from exercising any statutory right or remedy available to them.
9. Dispute Resolution
9.1 Good Faith Resolution
Where a dispute arises, the parties shall first attempt to resolve the matter through reasonable communication and good faith discussions.
9.2 Mediation
Where appropriate, the parties may agree to mediation or another form of alternative dispute resolution.
9.3 Legal Rights
Nothing in this Section prevents either party from seeking legal advice or exercising a statutory or contractual right.
9.4 Continuing Obligations
Where reasonably practicable, the parties shall continue to comply with their undisputed obligations while a dispute is being considered.
10. Force Majeure
10.1
A "Force Majeure Event" means an event or circumstance beyond the reasonable control of the affected party which prevents or materially delays performance.
This may include severe weather, natural disasters, war, civil unrest, government action, epidemic or pandemic, major transport disruption, significant utility failure or other circumstances that could not reasonably have been prevented.
10.2
The affected party shall notify the other party as soon as reasonably practicable.
10.3
The affected party shall take reasonable steps to minimise the effect of the Force Majeure Event.
10.4
Where a Force Majeure Event makes it impractical or unsafe to continue a Job, Rethinkable may postpone or cancel the affected Services.
10.5
Nothing in this clause removes any payment obligation relating to Services already provided.
11. Notices
11.1
Any notice required under this Agreement shall normally be provided in writing by email or another written method agreed between the parties.
11.2
For the purposes of cancellation or postponement, an email or written message sent to Rethinkable's usual contact details will normally be sufficient.
11.3 Rethinkable Contact Details
Rethinkable
11 Sandridge
Crowborough
East Sussex
TN6 1JE
Email: info@rethinkable.uk
For the attention of:
Oriana Bonner-Murphy and Laura Holman
11.4 Client/Service User Details
Name: ______________________________________
Address: ____________________________________
Email: ______________________________________
Telephone: __________________________________
11.5
Either party may update its contact details by providing written notice to the other party.
12. Entire Agreement
12.1
This Agreement, together with the accepted quotation and any documents expressly incorporated into it, forms the agreement between Rethinkable and the Client/Service User concerning the Services.
12.2
The accepted quotation forms part of the Agreement and sets out the specific scope, Fees and arrangements applicable to the individual Job.
12.3
Any previous discussions or communications concerning the Job are superseded to the extent that they conflict with the accepted quotation or these Terms and Conditions.
12.4
Nothing in this clause excludes liability for fraudulent misrepresentation or any other liability that cannot legally be excluded.
13. Amendments
13.1
Any significant amendment to the agreed scope, Fee or arrangements for an individual Job shall be confirmed in writing where reasonably practicable.
13.2
Rethinkable may update these general Terms and Conditions from time to time.
Any updated Terms and Conditions will apply to new Jobs agreed after the updated version takes effect and will not retrospectively alter an already agreed Job unless otherwise agreed by the parties or required by law.
13.3
Changes to an existing Job shall not normally be effective unless agreed by the parties.
13.4
Any amendment shall remain subject to applicable consumer protection and other legal requirements.
14. Assignment and Subcontracting
14.1
Rethinkable may use appropriately trained employees, contractors or other personnel to assist with delivery of the Services.
14.2
Rethinkable remains responsible for managing the delivery of the Services it has agreed to provide.
14.3
The Client/Service User may not transfer their obligations under this Agreement to another person without Rethinkable's agreement, except where permitted by law.
14.4
Where Services are commissioned by a third party, the commissioning organisation does not automatically become a party to this Agreement unless expressly agreed.
14.5
Nothing in this Agreement is intended to give any third party rights to enforce its terms except where expressly stated or required by law.
15. Severability
15.1
If any provision of this Agreement is found to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect.
15.2
Where a provision would be valid, legal or enforceable if part of it were removed or modified, the provision shall apply with such minimum modification as may be necessary to make it valid, legal and enforceable, where permitted by law.
15.3
The parties shall use reasonable efforts to replace any invalid or unenforceable provision with a valid provision that achieves a similar purpose.
AGREEMENT
By accepting the quotation and/or commencing the Services, the Client/Service User confirms that they have had the opportunity to read and understand these Terms and Conditions and agree to be bound by them, subject to any statutory rights that apply.
RETHINKABLE
Signed: Oriana Bonner-Murphy
Name: Oriana Bonner-Murphy
Position: CEO
Date: 24/09/2026
Signed: Laura Holman
Name: Laura Holman
Position: CEO
Date: 24/09/2026