Terms of website use (these terms)
Access to premises
1. The Client shall provide such access to its premises (the Premises) as is reasonably required by J.C. Cleaning Services (the Contractor) and its workers (the Contractor Employees) for the provision of the Services.
2. These Terms & Conditions apply to the agreement signed between the parties which begins on the date it is signed (the Agreement) and will continue until either party gives written notice in accordance with the procedure set out in the section entitled ‘Ending the agreement’.
3. The Fees for the provision of the Services, of any additional services, shall be based upon a quote provided by the Contractor which shall be determined, inter alia, according to the Services to be provided; products and materials required; location of the Premises; and the frequency of the Services (the Quote).
4. The Quote, once communicated to the Client, shall be open for acceptance and valid for a period of 28 days only, following which it shall expire.
5. Upon the Client accepting the Quote in writing, its acceptance shall form a binding contract between the Parties and the Agreement and these Terms & Conditions shall govern the contractual relationship. Once accepted the Quote shall be the sums payable by the Client to the Contractor for the Service (the Fees) as set out in the Agreement.
6. VAT is not included on the Fees.
7. The Client will receive an invoice every month for the provision of the Services provided in the corresponding month. All invoices must be paid within 30 days of the date of the invoice.
8. Payment can be made by BACS, standing order or debit card. The Contractor does not accept payment by credit card unless this has been expressly agreed by the Contractor in advance.
9. The Contractor generally does not accept cash payments of any kind, except for Clients requiring regular Services, i.e. those for House Cleans once or more per week, and only when the Contractor Employee is self-employed, which shall be specified on the Quote. The Client should not, under any circumstances, pay cash for an Invoice to the Contractor Employees directly for any
irregular service or services provided by non-self-employed contractors. In such cases all payments should be made through the
agreed-upon payment methods outlined in the Invoice. Nothing in this clause prevents the Client from paying Contractor Employees any gratuity separate from the value of an invoice.
10. Payment of the Fees for Clients requiring regular Services shall be made on a monthly basis.
11. Payment of the Fees for Clients requiring irregular or one-off services shall be strictly as follows:
a. 50% of the sum of an invoice payable when the Quote is
accepted by the Client;
b. 50% on the date the first of the Services is scheduled to be provided prior to arrival at the Premises of the Contractor Employees.
12. If the Client fails to make payment in accordance with the above terms, the Contractor has the right to charge interest on the outstanding Fees at a rate of 3% above the Bank of England base rate for every week an invoice remains unpaid.
13. If the Services are to be provided on a recurring basis, the Fees shall be subject to an annual price review by the Contractor taking into consideration inflation and any increase in the costs of clearing products and materials. Any increase in costs shall be
added to the Fees, provided that the Client is given advance notice of such additional charges.
14. The Cleaning Schedule shall be as set out in the Agreement. Any changes required to the Cleaning Schedule by the Client must be communicated to the Contractor in writing by email to email@example.com by providing no less than 48 hours notice of any proposed change. No amendment to the Cleaning Schedule shall be made unless the Contractor has expressly confirmed this
15. The Client shall not, under any circumstances, agree an alternative cleaning schedule with any Contractor Employee.
16. The Contractor will endeavour, but cannot guarantee, to ensure that the Services are provided on the days as set out in the Cleaning Schedule. There may be, due to unforeseen circumstances, occasions when the Services cannot be provided on a particular day. In such circumstances the Client accepts and agrees that the
Contractor shall have flexibility of two (2) days either side of a scheduled day to provide the Services.
17. In the event that any specific cleaning products or materials are not to be used on any item or area at the Premises in accordance with the manufacturer’s after sales advice, the Client will be responsible for communicating such requirements in writing to the Contractor no less than 48 hours prior to the scheduled Services. If the Client fails to provide such information in accordance with this clause, the Contractor shall not be liable for any damage or consequential costs.
Additional cleaning services
18. Any additional services required by the Client beyond the scope of the Services shall be communicated to the Contractor.
19. The Client shall not, under any circumstances, agree to any additional cleaning services with any Contractor Employee.
Cancellation and Suspension
20. In the event the Client needs to cancel a particular day as set out in the Cleaning Schedule, it shall provide the Contractor with a minimum of 48 hours advance notice in writing to firstname.lastname@example.org.
21. If less than 48 hours advance notice is provided, the Client shall be liable for the entire sum due for the day or days cancelled.
22. The provision of Services may be suspended (meaning the Contractor will temporarily not provide the services) if:
a. if one or more of the usual Contractor Employee providing the Services is or are suffering from an illness which may easily be passed onto others at the Premises; or
b. if the Client, or someone at the Premises, is suffering froman illness which may easily be passed onto the Contractor Employees; or
c. an event beyond the Contractor’s reasonable control
compels it to reduce the available hours.
23. Unless the Services to be provided are for a House Clean, the Contractor shall provide the Contractor Employees with the necessary equipment for the provision of the Services, including products and materials (the Equipment).
24. If the Services are to be provided on a recurring basis at the Premises, the Client shall provide a safe and secure location for the storage of the Equipment at the Premises and ensure free and unobstructed access is granted to the Contractor Employees.
25. The Client shall not and is not permitted under any circumstances to make use of the Equipment whatsoever or permit any third party to make use of the Equipment.
26. In the event of loss or damage to the Equipment by the Contractor Employees when providing the Services, the Client is not responsible for the provision, maintenance, replacement or repair of such equipment.
27. In the event of loss or damage to the Equipment by the Client or any third party whilst the Equipment is held at the Premises the Client, whether through unauthorised use, negligence, or otherwise, the Client shall be responsible for any and all costs for the provision, replacement or repair of such Equipment. Any
replacement shall be like-for-like and any repair shall be carried out by the Contractor through the use of an approved repairer, the costs of which the Client shall be liable for.
28. Where the Services are to be provided to a House Clean, all Equipment shall be provided by the Client at its own cost. The Client shall ensure that the provided Equipment is in good working condition and ensure free and unobstructed access is granted to the Contractor Employees.
29. In the event that the regular Contracted Employee provided by the Contractor is unavailable due to holidays or other temporary absences, the Client acknowledges and agrees that the Contractor may assign a replacement during the regular Contracted Employee’s absence to maintain the agreed-upon cleaning schedule.
30. The Contractor will make reasonable efforts to ensure that the replacement is qualified and trained to provide the Services.
31. The Client agrees to cooperate with the replacement and provide necessary access to the Premises.
Client Contractor Works
32. The Client acknowledges that for the Contractor to provide the Services effectively, the Premises must be empty, and any building, decoration or renovation works (Client Contractor Works) completed before the scheduled cleaning. The Contractor will not carry out the Services while the Client’s contractors are present on the Premises.
33. The Client is responsible for ensuring that all Client Contractor Works are concluded before the scheduled cleaning. If, at the time of the scheduled cleaning, the Premises are not empty, or Client Contractor Works are ongoing, the Contractor reserves the right to postpone the scheduled cleaning. In such cases, the Client will still be liable to the Contractor for the full Fees for the Services.
34. The Client acknowledges that a minimum drying time of 48 hours for paint is necessary before cleaning can commence. If paint or any similar material is still wet or not adequately cured, the Contractor will not proceed with the cleaning. The Client understands and agrees that the scheduled cleaning may need to be rescheduled.
35. In the event of a postponement due to the presence of Clien Contractor Works or incomplete works, the Client is obligated to pay the full amount for the Services. The Contractor will work with the Client to reschedule the cleaning appointment at the earliest convenient time.
36. In the event the Contractor takes in an existing cleaning contract the Client has with a previous service provider, the Client acknowledges that the Contractor is not responsible for the redundancy, settlement, or any related costs associated with any of the employees of the previous contracting company which were engaged to provide any cleaning services. The transfer of employees in this scenario is akin to an acquisition of staff from
the previous contracting company and the Contractor shall not be liable for any costs or obligations related to the previous employment arrangement.
37. The Client agrees to be responsible for settling any redundancy payments or obligations related to such employees and the Contractor will not assume any responsibility for these matters.
38. By agreeing to these terms, the Client accepts the responsibility for managing the transition of employees and any associated redundancy costs, providing the Contractor with sufficient notice for a smooth contractual transfer.
39. The Client shall not, without the prior written consent of the Contractor, at any time from the date on which any Services commence to the expiry of 18 months after the completion of the Services, solicit or entice away from the Contractor any Contractor Employee or any person who is, or has been, engaged as an employee, consultant or subcontractor of the Contractor in the provision of the Services.
40. Any consent given by the Contractor in accordance with Clause 39 shall be subject to the Client paying to the Contractor a sum equivalent to 18 months of the value of the Services.
41. In the event of breach by the Client of Clause 39 the Client shall be liable to the Contractor for a sum equivalent to 18 months of the value of the Services from the date of the breach.
42. In the event the Client has cause to complain in connection with the provision of the Services or the Contractor Employees, it must 3 do so in writing by email to the Contractor to email@example.com within 48 hours notice of when the cause to complain arose.
43. If required, in the course of any investigations required to be carried out by the Contractor in investigating a complaint, the Contractor shall be permitted to conduct its own investigation, which may include attendance for the purposes of an inspection,
and the Client hereby grants the Contractor permission and access to the Premises in order to do so.
Ending the agreement
44. Either party may terminate this Agreement by giving the other party no less 90 days’ written notice.
45. The Client may end this Agreement with immediate effect if the Contractor breaches any of their obligations under this Agreement and the Contractor has not, or cannot put right that breach within a reasonable period (for the avoidance of doubt, 90 calendar days).
46. The Contractor may end this Agreement with immediate effect if:
a. the Fees are not paid in accordance with the Agreement;
b. the Client breaches any of its obligations under the
Agreement and has not, or cannot put right that breach
within a reasonable period (for the avoidance of doubt, 90 calendar days); or
c. a Client, or any third party representing the Client, displays abusive, threatening or otherwise inappropriate behaviour to the Contractor or Contractor Employees.
47. If the Client fails to provide the required 90 days’ notice for termination, the Client shall be liable to pay the Contractor for any Services that were to be provided during the 90 day period from the date of the termination. This obligation to pay the no tice period shall not apply in cases of immediate termination due to a breach as outlined in clause
48. The Agreement’s termination will not affect either party’s accrued rights.
49. Other than as set out in the Agreement, neither party will have any further obligation to the other under the Agreement after its termination.
Return of property
50. Upon the end of the Agreement, all equipment, materials and property (including documentation, keys and any alarm or building codes) given to the Contractor by the Client, shall be returned to the Client in the state that it was given in.
51. Upon the end of the Agreement all the Equipment held at the Premises shall be returned to the Contractor in the state that it was given in. The Client shall grant the Contractor free access to the Premises to retrieve the Equipment materials and property.
Liability and Insurance
52. If the Contractor’s performance of its obligations under the Agreement and these Terms & Conditions is prevented or delayed by any act or omission of the Client, the Contractor shall not be liable for any costs, charges or losses sustained or incurred by the Client that arise directly or indirectly from such prevention or
53. Nothing in the Agreement and these Terms & Conditions limits or excludes either party’s liability for:
a. death or personal injury caused by its negligence;
b. fraud or fraudulent misrepresentation; or
c. any other liability which cannot be limited or excluded by applicable law.
54. Subject to the above clause, neither party shall have any liability to the other party, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:
a. loss of profits;
b. loss of sales or business;
c. loss of agreements or contracts;
d. loss of anticipated savings;
e. loss of or damage to goodwill;
f. any indirect or consequential loss;
g. any loss resulting from a claim made by any third party;
h. any loss or damage to the party’s property or belongings.
55. Subject to the two preceding clauses, the total liability of the Contractor for any other loss of Client in respect of any one event or series of connected events shall not exceed the Contractor’s insurance limit.
56. During the Agreement, the Parties shall maintain in force with a reputable insurance company, insurance sufficient to indemnify risks for which they may be responsible, including for their respective sub-contractors, agents and employees, in connection with the Services and shall, on either parties’ request, produce both the insurance certificate giving details of cover and the receipt for the current year’s premium.
57. The Contractor shall not be liable for any pre-existing damage at the Premises. Any damage identified by the Contractor and its employees shall be evidenced by photographs which shall be forwarded to the Client. The Client grants the Contractor permission to take any photographs to evidence any damage.
58. In circumstances where the Client alleges damage to the Premises by the Contractor, the Client shall communicate this to the Contractor in writing to firstname.lastname@example.org withi 48 hours following which the Contractor shall be permitted to conduct its own investigation, which may include attendance for the purposes of an inspection, and the Client hereby grants the Contractor permission and access to the Premises in order to do so.
59. The Parties respect each other’s privacy and shall comply with the GDPR with regard to each other’s personal information.
61. For the purposes of the Agreement and these Terms & Conditions:
a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Data Protection Act 2018 and the GDPR.
b. ‘GDPR’ means the UK General Data Protection Regulation.
c. ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
62. Where either party supplies Personal Data to the other for the provision of the Services and the either party Processes that Personal Data in the course of providing the Services, the party in receipt of that Personal Data will comply with the obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, the party will identify the purposes for which information is being collected;
b. the party will only Process Personal Data for the purposes identified;
c. the party will respect the other’s party’s rights in relation to Personal Data; and
d. the party will implement technical and organisational
measures to ensure the other’s Personal Data is secure.
63. For any enquiries or complaints regarding data privacy, the Client can email the Contractor at email@example.com.
64. This Agreement contains the whole agreement between the parties relating to its subject matter and supersedes all prior discussions, arrangements or agreements that might have taken place in relation to the Agreement. Nothing in this clause limits or excludes any liability for fraud or fraudulent misrepresentation.
65. No party may assign, transfer or sub-contract to any third party the benefit and/or burden of the Agreement without the prior written consent (not to be unreasonably withheld) of the other party.
66. No variation of the Agreement will be valid or binding unless it is recorded in writing and signed by or on behalf of both parties.
67. The Contracts (Rights of Third Parties) Act 1999 does not apply to the Agreement and no third party has any right to enforce or rely on any provision of the Agreement.
68. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
69. A provision which by its intent or terms is meant to survive the termination of the Agreement will do so.
70. If any court or competent authority finds that any provision (or part) of the Agreement is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Agreement will not be affected.
71. The Agreement is not an employment contract and nothing in the Agreement will establish any employment relationship between the Contractor and the Client.
a. Any notice (other than in legal proceedings) to be delivered under the Agreement must be in writing and sent by email to the Contractor’s main business email address: firstname.lastname@example.org in the first instance and by first class post to the Contractor’s address as stated at the head of the Agreement.
b. Notices sent by post will be deemed to have been received, where posted from and to addresses in the United Kingdom, on the second Working Day (which, for the purposes of the Agreement, means any day other than a Saturday, Sunday or public holiday in England and Wales) and, where posted from or to addresses outside the United Kingdom, on the tenth Working Day following the date of posting;
c. Notices delivered by hand will be deemed to have been
received at the time the notice is left at the proper address; and
d. Notices sent by email will be deemed to have been received on the next Working Day after sending.
Governing law and jurisdiction.
72. The Agreement and these Terms & Conditions will be governed by and interpreted according to English law. All disputes and claims arising under the Agreement (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the English courts.