STANDARD SERVICES AGREEMENT
The following documents the standard service agreement between:
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1. You the customer of (the "Buyer"); and
2. Saoirse Pets of (the "Service Provider"),
collectively referred to as the "Parties".
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The Buyer wishes to be provided with the Services (defined below) by the Service Provider and the Service Provider agrees to provide the Services to the Buyer on the terms and conditions of this Agreement.
1. Key Terms
1.1 Services
The Service Provider shall provide the following services ("Services") to the Buyer in accordance with the terms and conditions of this Agreement:
Pet Sitting, dog walking, house sitting and pet accommodation.
1.2 Agreement
Prior to commencing any service the following will be clearly defined and agreed between the Parties:
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a. Start date: The date the Service Provider shall commence the provision of the Services.
b. Completion date: The date the Service Provider shall complete/cease to provide the Services, unless both parties agree that the service will be ongoing (“Ongoing Service”).
c. Visits: The number of visits the Service Provider agrees to provide on each date.
d. Price: The price for the provision of the Services on the dates stated, including VAT.
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1.3 Site
The Service Provider shall provide the Services at the Buyer’s property, except in the case of pet accommodation which will be provided in Tonregee, Dunkineely, County Donegal.
1.4 Price
a. The Buyer shall not pay for the Service Provider’s out-of-pocket expenses.
b. In the case of house sitting, the Buyer shall pay additional reasonable expenses relating to their own domestic bills as specified in the section on House Sitting.
c. The Service Provider reserves the right to recuperate any additional costs to 1.2d above, in relation to buying food, litter or any other item required to maintain the good health of the Buyers pets.
1.5 Payment
a. The Buyer agrees to pay the Price to the Service Provider as follows:
i. For limited term bookings of six days or more a deposit will be payable to confirm the booking, prior to the commencement of the service. The balance shall be paid by the Buyer within ten days of completing the service.
ii. For Ongoing Services payment will become due ten days from the invoice date.
iii. For House Sitting a deposit will be payable to confirm the booking, prior to the commencement of the service. The balance shall be paid by the Buyer within ten days of completing the service.
iv. For Pet Accommodation the payment will be payable on completion of the service.
v. For all other services payment will be payable within ten days of completing the service.
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b. The Service Provider shall invoice the Buyer on confirmation of the booking, except in the case of an Ongoing Service. Invoices for Ongoing Services shall be issued on the first working day of each month, for services provided in the previous month.
c. The Buyer shall pay such invoices within 10 days of completion of the provided service by the Service Provider or by the 10th of the month in the case of an Ongoing Service.
d. The method of payment of the Price by the Buyer to the Service Provider shall be by:
i. cheque sent to the Saoirse Pets head office;
ii. wire transfer to the Saoirse Pets account;
iii. paypal;
iv. credit card payment is also available; or
v. cash deposits can be accepted during the welcome visit.
e. Details of how to pay are provided on the invoice.
f. Any charges payable under this Agreement are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity arising as a result of the provision of the Services by the Service Provider to the Buyer under this Agreement and such shall be payable by the Buyer to the Service Provider in addition to all other charges payable hereunder.
2. General terms
2.1 Warranty
The Service Provider represents and warrants that:
a. it will perform the Services with reasonable care and skill; and
b. the Services and the Materials provided by the Service Provider to the Buyer under this Agreement will not infringe or violate any intellectual property rights or other right of any third party.
For further information please see our indemnity and insurance information.
2.2 Limitation of liability
a. Subject to the Buyer’s obligation to pay the Price to the Service Provider, either party’s liability in contract, tort or otherwise (including negligence) arising directly out of or in connection with this Agreement or the performance or observance of its obligations under this Agreement and every applicable part of it shall be limited in aggregate to the Price.
b. To the extent it is lawful to exclude the following heads of loss and subject to the Buyer’s obligation to pay the Price, in no event shall either party be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever.
c. Nothing in this Clause 2.3 will serve to limit or exclude either Party’s liability for death or personal injury arising from its own negligence.
2.3 Termination and Cancellation Policy
a. The Agreement shall be effective on the Start date specified and shall continue, unless terminated sooner in accordance with Clauses 2.4(b-d), until the Completion Date.
b. Either party may terminate the agreement at any time prior to a booking being confirmed by the Service Provider, without notice.
c. The Buyer may terminate the agreement by providing notice prior to commencement of the service with the following penalties:
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i. 14 days or more prior to the agreed Start date – No penalty.
ii. 7-13 days prior to the agreed Start date – A financial penalty of 20% of the agreed price is payable by the Buyer to the Service Provider.
iii. 1-6 days prior to the agreed Start date – A financial penalty of 50% of the agreed price is payable by the Buyer to the Service Provider.
iv. Cancellation of the service on the day of service commencement or during service provision – A financial penalty of 100% of the agreed price is payable by the Buyer to the Service Provider.
v. ‘Ongoing Service’ can be cancelled with 14 days notice, with no penalty.
d. Either Party may terminate this Agreement upon notice in writing if:
i. the other is in breach of any material obligation contained in this Agreement, which is not remedied (if the same is capable of being remedied) within 30 days of written notice from the other Party so to do; or
ii. a voluntary arrangement is approved, a bankruptcy or an administration order is made or a receiver or administrative receiver is appointed over any of the other Party's assets or an undertaking or a resolution or petition to wind up the other Party is passed or presented (other than for the purposes of amalgamation or reconstruction) or any analogous procedure in the country of incorporation of either party or if any circumstances arise which entitle the Court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order in respect of the other Party.
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e. Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
2.4 Relationship of the Parties
The Parties acknowledge and agree that the Services performed by the Service Provider, its employees, agents or sub-contractors shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.
2.5 Confidentiality
Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.
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Your submission of personal information to us is governed by our Privacy Policy. For more information view our Privacy Policy.
2.6 Notices
Any notice which may be given by a Party under this Agreement shall be deemed to have been duly delivered if delivered by hand, first class post, facsimile transmission or electronic mail to the address of the other Party as specified in this Agreement or any other address notified in writing to the other Party. Subject to any applicable local law provisions to the contrary, any such communication shall be deemed to have been made to the other Party, if delivered by:
a. first class post, 2 days from the date of posting;
b. hand or by facsimile transmission, on the date of such delivery or transmission; and
c. electronic mail, when the Party sending such communication receives confirmation of such delivery by electronic mail.
2.7 Miscellaneous
a. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
b. If any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity or enforceability of the remainder of this Agreement shall be affected.
c. Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party.
d. This Agreement may not be amended for any other reason without the prior written agreement of both Parties.
e. This Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.
f. Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute. If such delay or failure continues for at least 7 days, the Party not affected by such delay or failure shall be entitled to terminate this Agreement by notice in writing to the other.
g. This Clause 2.8(g) and Clauses 2.3, 2.5, 2.6, 2.7 and 2.8 of this Agreement shall survive any termination or expiration.
h. This Agreement shall be governed by the laws of the jurisdiction in which the Buyer is located (or if the Buyer is based in more than one country, the country in which their home is located) (the "Territory") and the parties agree to submit disputes arising out of or in connection with this Agreement to the non-exclusive of the courts in the Territory.
3. Changes to Standard Service Agreement
You can review the most current version of the Standard Service Agreement at any time at www.saoirsepets.com.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of our services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
4. Contact Information
Questions about the Terms of Service should be sent to us at info@saoirsepets.com.