Cleaning Services Terms and Conditions
Spotless Midlands Ltd (Spotless Cleaning)
Glensyl Way, Burton on Trent, Staffordshire, DE14 1LX
A company or similar such entity consuming regular cleaning services (the “Customer”)
– AND –
Spotless Midlands Ltd of Glensyl Way, Burton on Trent, Staffordshire, DE14 1LX (the “Cleaning Services Provider”).
By placing an order either over the phone, by e-mail or via the website, the Customer accepts verbal or written agreement and is bound by the terms and conditions below. For Customers that have signed a contract with the Cleaning Services Provider, the signed contract will take precedence over these terms and conditions. Upon expiration or cancellation of such a contract, these terms and conditions will come into effect as a fall back for the provision of service.
A. The Customer is of the opinion that the Cleaning Services Provider has the necessary qualifications, experience and abilities to provide services to the Customer.
B. The Cleaning Services Provider is agreeable to providing such services to the Customer on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Customer and the Cleaning Services Provider (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
The Customer hereby agrees to engage the Cleaning Services Provider to provide the Customer with services (the “Services”) as per the details set out in the cleaning quote provided to the Customer prior to the delivery of cleaning services.
Short notice emergencies or unforeseeable circumstances not withstanding, the Cleaning Services Provider is expected to provide cover for sickness and holidays. Under unusual circumstances and providing it is not a habitual request, the Cleaning Services Provider may need to deliver the scheduled service at an alternative time of day. In the unlikely event that no alternative staff are available to attend site to fulfil the obligations of the Cleaning Services Provider, no charge will be made for the missed visit.
Under exceptional circumstances, the Customer may cancel or adjust the time of individual cleaning visit(s) by giving more than one working day’s notice, but a minimum of one week is preferred. As an example, cancellation or changes to a Monday appointment, should be made before 5.00pm on the previous Thursday to avoid any charges. The Customer agrees to pay half the price of one cleaning visit where this condition is not met.
The Customer will be charged full price for any scheduled cleaning which cannot take place upon arrival of the cleaners. This is applicable to any circumstance which is deemed not to be the fault of The Cleaning Services Provider. A none exhaustive list of examples; no access provided, faulty keys or locks, the Customer not present, no electricity or hot water available, cleaners turned away by the Customer.
It is noted that consumables such as paper towels and soap for dispensers can be purchased by the Cleaning Service Provider and provided to the Customer with additional charges OR the Customer may provide stock which the Cleaning Service Provider will use to replenish dispensers as and when required.
The Services will also include any other tasks which the Parties may agree on. The Cleaning Services Provider hereby agrees to provide such Services to the Customer.
2.Term of Agreement
The term of this Agreement (the “Term”) will begin on the commencement date of the delivery of cleaning services and will remain in full force and effect on a rolling basis with a one month notice period for either party.
The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP (UK Pounds).
5.Pricing and charges
For the services rendered by the Cleaning Services Provider as required by this Agreement, the Customer will be charged as per the quotation provided to the Customer prior to the delivery of cleaning services. Throughout the duration this is subject to changes equivalent to an increase or decrease in payroll costs caused by changes in the national living wage. Any such changes to pricing will be noted on the invoice the month prior to the upcoming change.
The charges will be payable, while this Agreement is in force, according to the following payment terms:
4 or 5 weekly invoicing, payment due by return of invoice within a maximum of 14 days of invoice date.
6.Reimbursement of Expenses
The Cleaning Services Provider will not be reimbursed for expenses incurred by the Cleaning Services Provider in connection with providing the Services of this Agreement.
We reserve the right to claim statutory interest at 8% above the Bank of England base rate in force at the date the debt becomes overdue and at any subsequent rate where the base rate changes and the debt remains unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations.
No performance penalty will be charged if the Cleaning Services Provider does not perform the Services within the time frame provided by this Agreement. Where it is deemed that the Cleaning Service Provider has not met the necessary service level, the Cleaning Services Provider agrees to rectify any such issues within 5 working days or as close to it where 5 working days is not practicable, at no extra cost.
The Customer agrees to report any unsatisfactory aspects of the cleaning standards (including damage to property) provided under this Agreement within 24 hours of the service delivery. Discounts or adjustments cannot be made to invoices retrospectively and cannot be considered where any issues with standards have not been reported within this timeframe.
The Customer agrees that any feedback given to the Cleaning Services Provider by the Customer can be used to promote the Cleaning Services Provider’s services on the company website www.spotlesslyclean.com or via other marketing channels. This may include the Customer name and area in which they operate alongside a quotation.
Confidential information (the “Confidential Information”) refers to any data or information relating to the business of the Customer which would reasonably be considered to be proprietary to the Customer including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Customer and where the release of that Confidential Information could reasonably be expected to cause harm to the Customer.
The Cleaning Services Provider agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Cleaning Services Provider has obtained, except as authorised by the Customer. The Cleaning Services Provider further agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any personal information of the Customer, without the prior written consent of the Customer. This obligation will survive indefinitely upon termination of this Agreement.
In providing the Services under this Agreement it is expressly agreed that the Cleaning Services Provider is acting as an independent contractor and not as an employee. The Cleaning Services Provider and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered as follows:
Spotless Midlands Ltd Glensyl Way, Burton on Trent, Staffordshire, DE14 1LX
Or to such other address as any Party may from time to time notify the other.
Each Party to this Agreement will indemnify and hold harmless the other Party, as permitted by law, from and against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever to the extent that any of the foregoing is proximately caused either by the negligent or wilful acts or omissions of the indemnifying Party or its agents or representatives and that are incurred or paid after the date of this Agreement and which result from or arise out of the indemnifying Party’s participation in this Agreement. This indemnification will survive the termination of this Agreement.
The Cleaning Services Provider will be required to maintain general liability insurance including coverage for bodily injury and property damage at a level that would be considered reasonable in the industry of the Cleaning Services Provider based on the risk associated with characteristics of this Agreement and only to the extent permitted by law. All insurance policies will remain materially unchanged for the duration of this Agreement.
The Cleaning Services Provider will not be held liable or responsible for injury or loss suffered to or in connection with any animals or pets as a result of an accident during the delivery of cleaning services.
The Cleaning Services Provider will not be held responsible for any replacement or repair required as a result of the failure of any worn, faulty, incorrectly fitted or fatigued components or other similar items.
Where it has been agreed that The Cleaning Services Provider is responsible for damage caused to the Customer’s property or belongings during the course of delivering cleaning services, The Cleaning Services Provider will choose to repair the item, replace the item or make an insurance claim to that effect. The Cleaning Services Provider is responsible for the replacement or repair and it is not the Customer’s responsibility to replace or repair an item without the agreement of The Cleaning Services Provider.
In the event a dispute arises out of or in connection with this Agreement, the Parties will attempt to resolve the dispute through friendly consultation.
If the dispute is not resolved within a reasonable period then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the Country of England. The arbitrator’s award will be final, and judgment may be entered upon it by any court having jurisdiction within the Country of England.
16.Time of the Essence
Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
The Cleaning Services Provider will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Customer.
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, successors and permitted assigns.
Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Country of England, without regard to the jurisdiction in which any action or special proceeding may be instituted.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
Cleaning will not take place on bank holidays without a specific request from the Customer. Cleaning on a bank holiday incurs double time wages for the cleaning staff, the cost of which is passed on to the Customer.
26.Employing Spotless Staff
By entering into a service agreement with the Cleaning Services Provider, the Customer agrees that during or after the termination of the cleaning service he/she will not hire or use any services provided by a present or past cleaner introduced to the Customer by the Cleaning Services Provider. If the Customer wishes to hire or use services provided by such a cleaner, the Customer must pay a referral fee of £2000+VAT per staff member to the Cleaning Services Provider, prior to the employment of the staff member by the Customer.
The Customer accepts liability for any cleaning equipment and materials kept on the Customer’s premises which belong to the Cleaning Services Provider. The Customer is responsible for the safe keeping of such equipment and will be asked to replace or repair any such equipment or materials which are lost, damaged, stolen or otherwise by anyone other than the Cleaning Services Provider’s staff.
28.Carpet, Upholstery and Hard Floor Cleaning
The areas of flooring that have been cleaned should not be used for as long as possible and ideally until completely dry to avoid slips, trips and hazards and re-soiling of the cleaned areas. Heating and ventilation will aid drying times. The Cleaning Services Provider do not guarantee carpet cleaning results of treating stains and soiling as the results cannot be predicted. The results are dependent on the cause of the stain or soiling, how old it is, what previous treatment has been applied and the floor covering and underlay/sub floor type.
29.Oven and Catering Equipment
The appliance is safe to use as soon as the cleaning is complete. On occasion there will be a burning smell from some of the chemicals used to clean the appliance, this is completely normal and safe as all cleaning chemicals are non-caustic. The Cleaning Services Provider does not guarantee cleaning results and the results cannot be predicted. The results are dependent on the type of appliance, length of time since it was last used, length of time since it was last cleaned, how often it is used and the type of soiling present.
These terms and conditions shall be governed by the relevant United Kingdom law, and by agreeing to be bound by them the Customer agrees to submit to the exclusive jurisdiction of the relevant courts of the United Kingdom. The Cleaning Services Provider reserves the right to make any changes to any part of these terms and conditions without giving any prior notice.