Service Provider Agency & Payment Collection Agreement
The agreement every provider accepts when joining Cozy Hive.
This Agreement is between Cozy Hive Ltd, a company registered in England and Wales under company number 14698447, whose registered office is at 167–169 Great Portland Street, 5th Floor, London, W1W 5PF ("Cozy Hive", "we", "us"), and the person or business that accepts it when registering as a service provider on cozyhive.uk ("the Provider", "you"). It applies from the moment you accept it.
1. Definitions
"Platform" means the cozyhive.uk website and any app we operate. "Customer" means a person who requests services through the Platform. "Job" means services you agree to provide to a Customer through the Platform. "Job Price" means the amount the Customer pays for a Job. "Policies" means our Customer Terms & Conditions, Dispute Resolution Policy, Cancellation & Refund Policy and Privacy Policy, as published on the Platform. "Working Day" means a day other than a Saturday, Sunday or bank holiday in England.
2. Appointment as your commercial agent
You appoint Cozy Hive as your commercial agent. You give us authority to negotiate and conclude, on your behalf, contracts for the sale of your services to Customers through the Platform, and to collect payment for those services. We act for you only. We do not act as agent for any Customer. This appointment is non-exclusive, and you are free to work for other people and through other channels.
3. The service contract
When a Customer accepts a quote you submitted, we conclude a contract for that Job on your behalf. The contract is between you and the Customer. You are the supplier of the services. You are responsible to the Customer for carrying out the Job, including under the Consumer Rights Act 2015: with reasonable care and skill, within the agreed time and for the agreed price.
4. Quotes and pricing
You set your own prices. Each quote must be either:
- a fixed price, or
- an hourly rate with a maximum total charge.
For an hourly Job, the Customer cannot be charged more than the maximum unless they approve a higher amount through the Platform. Every price you quote must include any VAT you are required to charge. Once a quote is accepted you cannot change it. Any change must go through a new quote that the Customer accepts.
5. Collection of payment
We collect the Job Price from the Customer on your behalf through our payment processor (Stripe). The Customer's card may be authorised before the Job and charged after it is completed. A payment the Customer makes to us counts as payment to you, and it discharges the Customer's obligation to pay you for that amount. We hold amounts we collect as your agent until settlement under clause 8. No interest is payable on those amounts.
6. When an amount becomes due to you
The Job Price, less any refund, becomes due to you at the first of these:
- (a) the Customer confirms the Job is complete;
- (b) 48 hours pass after you mark the Job complete on the Platform and the Customer has not reported an issue;
- (c) a reported issue is decided under the Dispute Resolution Policy, to the extent that the decision allows.
If a Job is cancelled, any amount due to you is decided under the Cancellation & Refund Policy.
7. Commission
Our commission is 15% of the Job Price we actually collect for each Job. We charge no commission on amounts that are refunded to the Customer. We may publish a lower or promotional rate, including zero commission for a number of initial Jobs. A published rate applies to Jobs accepted while it is in force. Commission is stated exclusive of VAT. If Cozy Hive is or becomes registered for VAT, VAT will be added to the commission at the applicable rate. Card processing fees are paid by us out of our commission.
8. Monthly settlement
We settle with you once a month. Within 10 Working Days after the end of each calendar month, we pay you every amount that became due to you in that month, less commission and less any deductions under clause 9. Payment is made by bank transfer to a UK bank account in your own name or your business name. Each payment comes with a statement listing:
- the Jobs included;
- the Job Price of each;
- our commission;
- each deduction, with its reason;
- the net amount paid.
We may hold back the amount for a particular Job while an issue, claim or card chargeback about it is still open, and include it in the settlement after it is resolved.
9. Refunds, claims and set-off
You authorise us:
- (a) to refund Customers, fully or partly, where the Policies require it;
- (b) to deduct from any amount due to you any refund issued for your Jobs, any compensation agreed or decided under the Policies, and any card chargeback relating to your Jobs, together with the chargeback fee charged to us.
Before we decide an issue a Customer has reported, we will tell you about it and give you a reasonable opportunity to respond. If the amounts due to you are not enough to cover a deduction, you must pay us the shortfall within 14 days of our written request.
10. Invoices
As your agent, we issue invoices to Customers in your name and on your behalf. Each invoice has a unique number from our system and shows your legal or trading name and a general address. Your phone number and email address are not shown. You must not issue a separate invoice to the Customer for the same Job. If an invoiced amount is refunded, we issue a credit note referring to the original invoice. Each month we issue you an invoice for our commission, together with your statement. You must keep your legal or trading name, address and VAT details on the Platform accurate. You must tell us within 14 days if your VAT registration status changes.
11. Tax and reporting to HMRC
You are responsible for your own income tax, National Insurance and VAT. We are required by the Platform Operators (Due Diligence and Reporting Requirements) Regulations 2023 to collect and verify information about you, to report it to HMRC each year, and to give you a copy. That information includes:
- the amounts paid to you;
- the commission we deducted;
- if you are an individual: your full name, address, date of birth, and National Insurance number or Unique Taxpayer Reference;
- if you are a business: its legal name, registered address and company number;
- in both cases: any VAT number and your bank account details.
You agree to provide this information when asked and to keep it up to date. If you do not provide it after reminders, we may suspend your account or withhold settlement until you do, as those regulations allow.
12. Payments and contact outside the Platform
For 12 months after we first introduce you to a Customer, you must not ask that Customer to pay you outside the Platform, or accept such payment, for any job the Customer found through the Platform. You must not share your direct contact details with the Customer for that purpose. If you do, we may suspend or close your account and charge you the commission we would have earned on that work.
13. Your obligations
You confirm that you:
- (a) have the skills, qualifications, registrations and licences the law requires for the services you offer (for example Gas Safe registration for gas work);
- (b) hold any insurance needed for your work (we strongly recommend public liability insurance);
- (c) have the right to work in the United Kingdom;
- (d) will carry out each Job yourself or through your own staff, and will not subcontract a Job without our written consent;
- (e) will treat Customers and their property with care and respect.
All information you give us must be true and kept up to date.
14. Independent status
You are an independent business. Nothing in this Agreement makes you our employee or worker, or creates a partnership or joint venture between us. You decide whether to quote for any request, and how to carry out your work.
15. Personal data
You and we each act as an independent controller of Customer personal data under UK data protection law. You may use a Customer's personal data only to carry out that Customer's Job. You must keep it secure and delete it once you no longer need it for that purpose or for legal record-keeping.
16. Liability
We are not responsible for how you carry out any Job. You will compensate us for any loss, cost or claim we incur because of your work or your breach of this Agreement. Our total liability to you under this Agreement in any 12-month period is limited to the commission we received from you in that period. This limit does not apply to amounts due to you under clause 8. Nothing in this Agreement limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot legally be limited.
17. Suspension and ending this Agreement
You may end this Agreement at any time by closing your account or telling us in writing. We may end it by giving you 14 days' written notice. We may suspend your account or end this Agreement immediately in any of these cases:
- you seriously or repeatedly breach this Agreement;
- you give us false information;
- we receive repeated substantiated complaints about you;
- we reasonably suspect fraud.
When this Agreement ends, Jobs already accepted must still be completed or cancelled under the Policies. Amounts already collected for you are settled at the next monthly settlement, less any deductions under clause 9. Clauses 9, 11, 12, 15 and 16 continue after this Agreement ends.
18. Changes to this Agreement
We may change this Agreement by giving you at least 14 days' notice by email and on the Platform. You will be asked to accept the new version before submitting further quotes. If you do not accept it, you may end this Agreement under clause 17.
19. Notices
We will send notices to the email address on your account. You can send notices to us at maha@cozyhive.uk or by post to our registered office.
20. Governing law
This Agreement is governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.