Twice Agency – Lifestyle & Events, Terms & Conditions
The below Terms & Conditions apply to our Twice Lifestyle services
Our terms and conditions, are amended from time to time by Us (the “Conditions”), the following words and phrases shall have the following respective meanings unless the context requires otherwise :
Client : you, being an individual, a partnership, a corporation, a trust or another entity who is not a member of Twice Agency but can request a concierge service.
Member : you, being an individual, a partnership, a corporation, a trust or another entity who is not a member of Twice Agency who subscribes a membership under these Conditions to benefit from concierge services for a period of time.
Membership : the subscription to a membership contract for concierge services with us to be able to request those services.
Package : once a subscription fee has been paid by the member, they will be able to purchase the relevant package for their time and needs.
Supplier : a company or a service provider whom We approach to solicit an order for goods or services on your behalf whether as a Client or as a Member.
Service : the services provided by us as a concierge for a Client or a Member under these Conditions which consist in facilitating the supply of a good or service or exceptional service for a Client/Member. This includes services or goods sourced by Twice Agency from a Supplier and subsequently provided by the Supplier under its own terms and conditions to a Client or a Member.
Request : a request made by a Client/Member to Us to facilitate as part of the Service the supply of a good or service or exceptional service for a Client/Member.
In these Conditions, words denoting the singular shall include the plural and vice versa; words denoting one gender shall include all genders; any reference to a statutory provision shall include any amendment, replacement or
re‐enactment there of; and the headings of clauses are intended for convenience only and shall not affect the interpretation of the Conditions.
I. Applications of the Terms & Conditions
These Conditions apply to anyone including our Clients and Members when they seek our Services.
They are provided before we accept any Request.
Any samples, drawings, content or advertising whether or not produced by Us and any illustrations contained in catalogues or brochures or website(s) communicated by Us to you, are produced for the sole purpose of giving an approximate idea of the goods and services referred to in them. They may be amended by Us from time to time at our entire discretion.
By continuing to use our Services including without limitation by placing any Request with Us, you accept these Conditions and our price lists.
II. Members and how to become a member
1) We choose our Members via our network of existing Members and clients.
2) Sponsored application: Members of Twice Agency can recommend our Services to a friend. If you are sponsored, we will send you an information form and we will review your application for approval as soon as reasonably practicable.
3) Non-sponsored application: anyone including a Client can submit an application to become a Member and benefit from our Services. Please contact Us through our Site or by writing to Us by email at firstname.lastname@example.org or by post at our registered office. An information form will be sent to you in order to review your application for approval.
4) We have absolute discretion to accept or reject any candidate for membership for any reason or no reason whatsoever. We are under no duty to disclose our reasons for rejecting any membership application.
5) Subject to paragraphs II-1 to II-4 above, your membership is not effective until we notify you that you are a Member under and pursuant to these Conditions and that a full payment of the membership fee set out below in Clause 3 has been received by Us in cleared funds (the “Effective Date”). The “Effective Date” will be notify in your Welcome Letter.
6) Acceptance by Twice Agency of an application for membership constitutes a binding contractual between Twice Agency and the Member or the Client, and such a contract is subject to these Conditions.
7) As soon as practicable after the Effective Date, the Member will receive by post or email its login and password, in order to access the private member area of the Site and have access to our Services.
8) We may subcontract, transfer or assign our rights and delegate our obligations under these Conditions at any time.
9) Your Membership is personal to you and it cannot be transferred or assigned to any third party. You are responsible for ensuring that no one (other than your personal assistant on your behalf, when applicable) uses your Membership.
10) In the case of the death of a Member, the Member’s personal representatives should notify Us in writing of the Member’s death. We will then inform the personal representatives of any necessary documentation it requires in order to arrange for a refund of the unused balance of the Membership Fee (if applicable) together with any unused monies held by it to the Member’s personal representatives (if applicable). In relation to the membership fee, such a refund will be calculated on a time apportionment basis in respect of the unused period of membership.
III. Membership, Packages Payments & Cancellations
There are different types of packages. These are set out in the First Annex of our Conditions.
All prices quoted are inclusive of value added tax (“VAT”) and other sales taxes.
Packages’ tariffs are those applicable at the time when we issue an invoice for them.
1. Membership Fees and other payments of our fees, packages, charges and expenses
1.1 We issue a VAT invoice to a Client who has applied successfully for a membership with Us.
As already explained, that person will be treated as a client and member by Us for the period requested, as soon as We receive the required payment in full.
1.2 Payment of any of our invoice is due and payable on the date of the invoice itself and must be paid by bank transfer to our bank account as shown on the invoice.
1.3 We charge a membership fee of 12 months in addition of your first package of services.
1.4 We may charge additional fees for certain exceptional services. An hourly fee will be given to a member or client when it comes to look for services not included in the list provided in our Annex.
1.5 We may charge Members and Clients interest on all overdue payments from the due date until payment is received in full (and both after as well as before judgement) at the annual rate of three (3) percentage points above the base lending rate of Barclays Bank plc from time to time (such interest accruing daily).
1.6 Invoices shall be paid in full without any discount, deduction, set-off or abatement whatsoever.
1.7 If the Member fails to pay any of our invoices (whether or not they relate to membership fees), without limiting any other right or remedy available to Us, We may freeze the membership of the Member and/or stop or cancel all services or orders made at the Members’ Request until such invoices are paid in full, thereby preventing the Member from using any of our Services. If we cancel the Member’s membership in full for nonpayment of other invoices, then we shall refund to the Member any membership fee balances on a pro rata basis in respect of the unused period of membership less any amount due to Us under other unpaid invoices.
1.8 Subject to paragraph II-10 and paragraph III-(1)1.7 above, membership and package fees are non-refundable. In particular (without limitation), the Membership Fee shall be payable by a Member irrespective of the Member’s level of use of the Services or Membership or any changes in the Member’s personal circumstances, such as moving to another city or country.
1.9 If during its subscribed period the Member wishes to change for a longer Package or a shorter Package, it will have to wait the period to expire to change its Package.
1.10 No exchanges or refund towards another choice of Package can be applicable once a Member has paid for a particular Package.
1.11 We may add up to a [three percent (3%)] handling fee in respect of payments of the Membership Fee, Service Fee or other need made by debit or credit card to our online payment platform. For each transaction [ 20 pence] is charged, plus 1.4% of the amount for European cards and 2.9% of the amount for non-European cards. If at any time and for any reason whatsoever, such handling fee shall exceed the maximum rate permitted to be charged by Us under applicable law, such handling fee shall be reduced to the maximum rate permitted to be charged under applicable law.
1.12 Our online payment platform is secured and provided by Stripe, Inc to collect monies.
1.13 We may charge for the costs and expenses incurred by us when we receive from our Clients or Members or when we pay monies using international bank transfers.
2) Cancellation of Memberships
2.1 No cancellation of Membership can be done during the current Membership period by the member.
2.2 We reserve the right to cancel or suspend a Membership (at our sole and absolute discretion) for any reason whatsoever. If we cancel a Membership, we may (at its sole and absolute discretion) refund the balance of the current annual or period Membership fee on a pro rata basis in respect of the unexpired period to which the annual Membership Fee relates, less any amount due to Us under other unpaid invoices.
3) No automatic renewal of Memberships
Please note that Memberships are not automatically renewed.
IV. Placing a request (or order for concierge services)
Clients and Members may place a request for our Services or make an enquiry in the followings ways:
– By telephone to the number shown on their Membership contract or by using the telephone number shown on our Site.
– By email, using email@example.com or their personal contact.
– By filling the contact form available on our Site and sending it to us.
– Or in any other way, Twice Agency will offer to its Member.
Placing a request, making an order or enquiry for concierge services does not mean that we accept to facilitate the said request, order or enquiry for our services. An accepting to assist you under these Conditions for Concierge Service, does not mean that our Suppliers are able to provide the goods or services that you need.
You will therefore find below a description of how we work.
1) General Rules for receiving and accepting to proceed with Request, Enquiries or Orders
1.1 We are not able to proceed with any order or request, unless you provide Us with your complete details and we confirm to you that we can help you with the subject matter of the request, let you know how much it will cost and our terms of business. Any Client (who is not a Member) may place an order or a request by filing in the contact form referred to above. You will find at the back of the Contact Form or attached to it our terms of business (which may be these Conditions).
1.2 This contact form also contains details of your first name, surname, home or professional address, email, telephone number (mobile, office, home) as well as other useful information to enable Us to contact you and proceed (if we can) with your enquiry. We may require your bank or credit card details to secure a payment, even if you wish to pay by cash on delivery of a product or service. Your attention is brought to Paragraph XIV (Privacy) of these Conditions.
1.3 Once we have your details, we will confirm whether or not we are able to assist by email, telephone or text message. An email will also follow which will contain our terms of business (if not already provided), a reference number and the confirmation of our fees or charges (if any) as well as the nature of the task for which our assistance is needed and cancellation conditions (if applicable). Supplier’s fees will also be provided to this email.
1.4 You must reply by return email to this email in order to confirm your agreement to our terms and fees, charges and expenses for that task. No action will be taken by Us until then.
1.5 Only then, we will contact the relevant Supplier on your behalf and proceed with the task. We will send you the terms of business of the said Supplier (if they provide them to Us). We are entitled to assume that you have accepted their terms unless we hear from you otherwise by email. All rights and remedies you have are against the relevant Supplier. You undertake to us that you will satisfy yourself with their terms and if you have not received them, that you will obtain those terms from the Suppliers themselves whenever possible.
1.6 Time shall not be of the essence in relation to any timing obligations relating to the delivery of goods or services by Us or the Suppliers.
1.7 Once an order or Request is confirmed by you, we are entitled to commence the work on your behalf and contact Suppliers. If you then cancel the order or Request for any reason whatsoever, we will be entitled to issue an invoice for our services performed to date which will include any agreed fees, charges and expenses incurred by us in accordance with your initial instructions as well as supplier’s fees.
1.8 You shall indemnity us in full if you cancel a Request for any reason whatsoever or if you change your instructions or request for a refund (for any reason whatsoever) and we are left out of pocket. Therefore you hereby authorize Us to (1) send you a VAT invoice for all costs incurred by it as a result of any cancellation and (2) to use your bank and card details to pay this invoice so that we recover all sums advanced by us on your behalf in relation to the Request.
2) Travel tickets and holiday packages
2.1 We are not an authorised travel agent or a tour operator. We will therefore not purchase or organise your holidays on your behalf. If you require from Us that we contact on your behalf companies supplying travel tickets and holiday packages or hotels, you will also be bound by the terms of business of those suppliers direct.
2.2 We will only assist with the administrative process in so far as it does not make us a travel agent or a tour operator. We therefore reserve all rights not to proceed with certain aspects of your request if these cause Us to be in breach of the laws and regulations relating to travel agents or tour operators as amended from time to time.
3) Keeping you informed about your Request
We will keep you informed of progress and will provide you with the information provided to us by the Supplier in relation to a Request which we have accepted to perform in accordance with these Conditions.
4) Goods Out of stock, services not available from Suppliers and/or Client/Members’ cancellation
4.1 Acceptance of any order or Request by TWICE Agency is made subject to availability of goods or services with our Suppliers. Regarding restaurant, beach club, night life or similar activities, TWICE Agency works in direct contact with the suppliers concerned and we have had a reliable relationship with them for a long time. Some venues, need some time in advance to make the reservation and TWICE Agency cannot guarantee at 100% a last minute reservation.
4.2 When we accepted your Request and our first Supplier cannot meet this Request, we will use our reasonable endeavour to provide you with an alternative solution. You must agree to this alternative solution by return email or text message in the way described earlier (paragraph IV(1)).
4.3 We will cancel the initial Request and the proposed alternative solution, unless we hear from you within five working days of our communication to you regarding the alternative solution.
4.4 Any change to your Request or cancellation of an order, once we communicated your instructions to our Supplier will be subject to the Supplier’s terms of business. Please note that you may lose any deposit paid or pre-payment made. We accept no responsibility whatsoever for any change of instructions, cancellations or for a supplier’s inability to provide the goods or services.
4.5 Any refund is subject to the terms and conditions of the relevant supplier.
4.6 You shall indemnity us in full if as a result of any change of instructions, cancellation (for any reason whatsoever) or request for a refund if we are left out of pocket. You shall fully indemnity us if you cancel a Request for any reason whatsoever and we are left out of pocket. Therefore, you hereby authorize Us to (1) send you a VAT invoice for all costs incurred by it as a result of any cancellation and (2) to use your bank and card details to pay this invoice so that we recover all sums advanced by us on your behalf in relation to the Request.
5) Personal Request
We provide services to you personally. Therefore, the benefit of any Request and the goods or services provided or to be provided thereunder by a Supplier, are personal to a unique Client/Member, and cannot be assigned or transferred to a third party without our prior written consent.
V. Additional information regarding payment methods and monies on account
1) Our Clients and Members pay the Suppliers directly for their Request. We are here to assist them to process the payment on their behalf but we do not usually advance any funds for our Client/Members’ Requests.
2) The goods and services are usually charged in the currency of the country where they are ordered. Taxes are usually included but you should check this if it is not clearly stated.
3) As already explained when ordering a good or service, you may be required to provide us with your payment or card details in order for us to pay a deposit or the purchase price requested by a supplier. You hereby confirm and agree that Twice Agency, its employees or agents shall have no liability in respect of or be responsible in any way whatsoever in respect of the use of your payment or card details provided that Twice Agency acts in accordance with the instructions issued by you in relation thereto.
4) You acknowledge that delays of payment can cause a supplier to no longer be able to meet an order.
1) The delivery conditions for the goods or services ordered with Suppliers will be notified to you by email either directly from the Supplier or through us, if the Supplier sends us the relevant details.
2) We do select our Supplier carefully. However, you agree that you shall not held us responsible if a Supplier fails to meet its own delivery conditions or time for delivery. The non-respect by the Suppliers of his own terms of business cannot lead to any compensation of any nature from TWICE Agency.
VIII. Standard of care
1) Twice Agency undertakes that it will, at all times, exercise reasonable care and skill in providing the Services and, as far as reasonably practicable, such provision will be in accordance with the Client’s or Member’s written requests and instructions.
2) Where Twice Agency engages a Supplier to procure Services for a Member or a Client, it will use reasonable care and skill in selecting and engaging the Supplier. Except as otherwise provided in paragraph VIII(1).
3) Members and Clients should note that the successful sourcing of Suppliers is always subject to availability and may change from time to time without notice. If any Supplier becomes unavailable, Twice Agency will use reasonable efforts to locate a substitute Supplier. Twice Agency shall not be responsible for any actions of its Suppliers.
4) Members and/or Clients must solely rely on their own judgment and discretion in selecting and using the Services offered by any such Supplier and in entering into any contracts with such Supplier. Any Goods or Services provided by the Supplier will be governed by the contract formed between the Member and/or Client and the Supplier. Twice Agency will not be responsible for any Goods or Services provided by the Supplier but will cooperate with Members in any subsequent dealings with Suppliers.
5) Any contracts which Members or Clients enter into with Suppliers, either directly or through Twice Agency as agent are independent of and not connected to or subject to these Conditions. We disclaim any and all liability for any act or omission of any Supplier or any loss incurred by a Member or a Client as a result of any act or omission of a Supplier.
IX. Limitation of liability
9.1 Nothing in these Conditions shall limit or exclude Twice Agency’s liability for:
1) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
2) fraud or fraudulent misrepresentation;
3) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
9.2 Twice Agency shall not be liable to the Client/Member, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use or, loss of corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with their Membership.
9.3 Twice Agency’s total liability to the Member in respect of all other losses arising under or in connection with their Membership, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total value of the Member’s annual Membership Fee.
9.4 Twice Agency acts as an agent for the Client or Member and, unless expressly provided otherwise, all your rights and remedies are against the Supplier.
9.5 To the fullest extent permitted by applicable law, the Client or Member shall defend, indemnify and hold harmless Twice Agency and its affiliates and each of their respective officers, directors, employees, agents, successors and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses of whatever kind including reasonable legal fees and the cost of enforcing this indemnity (“Claims”) arising out of or resulting from: (a) bodily injury; (b) death of any person; (c) any claim of any kind (actual or threatened) by an Employee (as defined in clause 9.10 below) which arises directly or indirectly as a result of any actions or inactions by any Member or Client and/or as a result of Twice Agency following any instructions or requests by any Member or Client, or (d) damage to real or tangible, personal property, in each case to the extent such Claims arise out of or relate to this Agreement, the Services, the Member, Client or their property; provided, however, that no such indemnification by Member or Client shall apply in the event such Claims arise out of our own gross negligence, fraud or willful misconduct.
9.6 Subject to clause 9.5, TWICE Agency will not have any liability to the Member/Client for any claim to the extent that such claim arises out of, is in connection with TWICE Agency’s Services, or can be characterized as a claim for (or arising from):
- loss of revenue or profits;
- loss of business opportunity or loss of contracts;
- loss of goodwill or injury to reputation;
- indirect, incidental, consequential, exemplary or special loss or damage; or
- anticipated savings.
9.7 Twice Agency shall not be liable to the Member/Client and will not be deemed to be in breach of these Conditions for any delay in performing, or failure to perform, the Services where such delay or failure is due to causes or events beyond Twice Agency’s reasonable control.
9.8 In this Clause 9, “Employee” means any of our employees, or any employees of ours affiliates or any person whose services are supplied to Us or our affiliates (whether directly or through some other entity). The provisions of this clause 10 shall apply where the Client/Member directly or indirectly employs or engages, offers to employ or engage, or solicits or entices Employees away from Us or any of our affiliates.
The Company warrants that it will keep secret any confidential information that the Company possesses concerning the Member/Client (the “Confidential Information”) using a degree of care equal to the degree of care that the Company uses in connection with the treatment of its own confidential information, but in no event less than reasonable care. The Company will not, during the term of this Agreement or for any time after the termination or expiration of this Agreement copy, publish, use or disclose a Client’s/Member’s Confidential Information except that such Confidential Information may be disclosed (i) to employees or Suppliers on a need to know basis and as may be reasonably required in connection with the performance of the Company’s obligations under this Agreement; or (ii) in connection with the defence of any action; or (iii) as authorised by the Client/Member or by this Agreement. If the Company is required (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigation demand or similar process) to disclose any Confidential Information of the Client/Member, the Company will reasonably cooperate with the Client/Member and provide the Client/Member with notice of such request(s) as soon as reasonably possible so that the Client/Member may (at its expense) seek an appropriate protective order.
XII. Force Majeure
We do not accept any liability for any loss, inconvenience or damage caused by war, threat of war, riot or civil commotion, terrorist or criminal activity, industrial disputes, natural disasters, fires, sickness, weather conditions, road or traffic conditions, temporary technical, mechanical or electrical breakdown within booked accommodation, explosion of, or radioactive contamination from, any nuclear facility or other events beyond our reasonable control (including events affecting the Suppliers).
13.1 These Conditions do not constitute the entire agreement between the involved parties and is only an overall summary of them. The complete version is provided to you upon application only along with the Annex pages.
13.2 Nothing in these Terms and Conditions is designed to give any other person any rights or remedies under the Contracts (Rights of Third Parties) Act 1999.
13.3 The Company may vary the Terms and Conditions from time to time and will notify Members in writing in advance at least thirty (30) days prior to any variation.
13.4 Where Members wish to raise any queries, concerns or complaints with the Company, it should write to the Company’s registered office.
13.5 All waivers of any of the Conditions by the Company or the Member must be in writing. Any delay or failure by the Company or the Member to exercise a right or privilege under the Terms and Conditions, or a partial or single exercise of that right or privilege shall not constitute a waiver of that or any other right or privilege.
13.8 Any dispute or claim arising out of or in connection with our Terms & Conditions or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.
Last edited May 4th, 2019.