I. GENERAL TERMS
Decent Cleaning offer a professional Cleaning Services and these Terms and Conditions apply to any business booked with us electronically, using our online enquire form, verbal, through telephone, by visiting our office, Client office or Client home. We may add to or alter these Terms and Conditions from time to time and any alterations or additions will apply to new business and to existing contracts by giving them 30 days notice. Our Cleaning Services may be ordered by using telephone, e-mail or using an online enquire form via our website, hereby the client agrees to be bound by these Terms and Conditions: These Terms and Conditions constitute the contract between Decent Cleaning (the “Company”, “Agency”) and the Employer, Client, Firm, or Corporate body, as the case may be (the “Client”) that seeks provision of cleaning services, which are to be performed by the Cleaner (the “Company, Cleaner”). The Company/Agency and the Client (together the “parties”) agree that the cleaning services will be provided in accordance with the Terms and Conditions herein.
I. DOMESTIC CLIENTS TERMS
Decent Cleaning (“The Agency, Company”) has a minimum of 3 months contract for Domestic Clients during which we can replace the Cleaner at any time by all means and find the most suitable person who will meet your requirements. We also have in place verbal and electronic agreement, followed by the Client signing a short contract that Client can cancel by giving us four weeks notice.
1. a) For domestic Clients the Agency will make every effort to select a suitable Cleaner before making an introduction, by closely vetting Cleaners through interviewing procedures, checked references and police checks if required. b) For Commercial Clients all Cleaners provided are directly employed by our Company. c) All Cleaners provide Pre/End of Tenancy cleaning are directly employed by our Company,
2. While the Agency takes great care in selecting the right Cleaner for the Client, the Client shall be solely responsible for satisfying themselves as to the suitability of the Cleaner.
3. The Agency endeavours to ensure that a high standard of work, integrity and reliability is always maintained by the Cleaner.
4. All our Cleaners have full public liability cover up to £1,000,000 and we can process all claims which are properly notified to us in accordance with these Terms and Conditions. Company and Cleaner shall both have been notified of such damages within 24 hours of occurrence and also Company have received full written details within 48 hours of occurrence. The insurance is not for minor accidents and there is a £250.00 excess charge on the policy.
5. a) The Client must allow the cleaner access to hot water and power. b) If the Client requires the Cleaner to clean behind or under any heavy items (e.g. a fridge, bookshelf, or other furniture), it will move those items prior to the commencement of the Service; and it will secure or remove any fragile, delicate, breakable or valuable items, including cash, jewellery, works of art, antiques, or items of sentimental value prior to the commencement of the service. c) Our cleaners DO NOT clean exterior of property such as: Doors, Windows, Balcony, Shed, Garden, Garage, etc. d) If Clients owns pets then all unsupervised pets must be kept in crate or kept in secure area during a Cleaner visit.
6. The Company will provide all cleaning material and equipment only for Pre/End of Tenancy cleaning. The Company may provide cleaning products, material and equipment for commercial cleaning if the Company and Client agreed, but there may be a surcharge in the event of a need for specialized equipment. We will quote separately for this before booking the services. We DO NOT provide cleaning chemicals, material and equipment for domestic regular Clients.
7. The Agency endeavours to ensure that a high standard of work, integrity and reliability is always maintained by the Cleaner.
8. The Client MUST treat the Cleaner with respect and be courteous and helpful to the Cleaner.
9. If the Client wishes to engage a Cleaner for an extended period of time the Client must first notify the Agency AND ALL SUBSEQUENT BOOKINGS MUST BE MADE THROUGH THE AGENCY.
10. The Client should take note of the Agency‘s advice regarding the position to be filled. The Agency may advise the Client that the hours they expect a Cleaner to work maybe excessive or that the area or item to be cleaned requires more hours.
11. The Client is responsible AT ALL TIMES for supplying all required and appropriate cleaning material, equipment and for making arrangements for access to the Client’s property.
12. The Client is responsible at all times for paying the Cleaner directly for domestic regular cleaning.
13. The Cleaner is paid by the Client on each day that he/she provides cleaning services to the Client or as otherwise agreed between the Client and Agency.
14. The Client may choose to issue the Cleaner with keys that allow access to the premises to be cleaned.
15. The Agency acts as a temporary and permanent staff agent in introducing temporary and permanent Cleaners. Therefore some of the temporary/permanents Cleaners are not employed by the Agency directly or indirectly but are SELF EMPLOYED. The cleaners are employed at all times by the Client and under his/her supervision and responsibilities.
16. The Client must not pass the details of the cleaner to a third party for the purpose of engaging in private work.
17. Domestic Client will pay the Agency a monthly agreeable management fee inclusive of VAT in advance, based on the number of hours work agreed on regular basis, for services carried out by the Cleaner (number of hours) every time she/he clean. The management fee is payable at all times, including cases in which the Client is not in a position to provide the Cleaner with access to the premises or for any reason Client choose not to have a cleaner in. Nevertheless a Cleaner is only paid for the hours actually worked. Our Cleaners do not work during public holidays, in case the cleaning day is fall into a public holiday then the Cleaner will work on other alternative days which will be agreed between Cleaner and Client.
18. Such payments for domestic Clients have to be made monthly in advance only by Standing Order on the day when the cleaning commences, and on the same date monthly thereafter, or on the nearest banking day there to (“the Due Date”). If the Client terminates the service of the Agency before the Due Date no refund of the commission will be payable. We'll send you an invoice to pay initial first month fee following by regular payments by Standing Order. We do not send invoices at Clients premises. All our invoices are send to Clients elecronically and available to view by our existing Clients at any time on our website.
19. The Company’s insurance (“the Agency”) cannot accept and will not cover or be liable for loss or damage to property or injury to the worker without a signed agreement.
20. Payments: A late payment interest charge of 8% per month above the base rate of Barclays Bank plc will be charged on all outstanding amounts not paid within 7 days of the Due Date until payment is received. We reserve the right to add costs and interest to this debt under Late Payment of Commercial Debts Regulations 2013, and are legally entitled to do so. The Agency is entitled to withhold supply of all Services until such time as the outstanding payment has been paid in full. The Agency will refer all unpaid fees cases to the company legal adviser and debt collection agency in case the client showing unwillingness of paying overdue payments. The Client will be liable to pay all costs of processing and recovering of the Company fees.
21. The Agency requires a minimum of one month written notice from the Client for termination of the Services. We reserve the right to cancel your contract without prior notice and for any reason, including but not limited to if: a) if the Client does not pay the service fees on time as agreed. b) we have insufficient or unsuitable Cleaners to meet Client needs. c) We do not have Cleaners to cover your area. d) if any misleading or false information was used to obtain discounted services.
22. The Client agrees that up to 12 months after the termination of this Agreement the Client will not employ or engage for any home or business-related services provided by a present or past Cleaner introduced to the Client by the Agency and recognises that the Agency will suffer loss if the Client is in breach of this provision. If the Client employs or engages such a Cleaner, the Client hereby agrees that a referral fee of £1000 is payable by the Client to the Agency, of such sum as reflects the Agency’s loss.
23. There will be no variation or change of these Terms and Conditions unless approved in writing by the Agency.
24. These Terms and Conditions are governed by, and interpreted and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.
III. COMMERCIAL CLIENTS TERMS
1 These terms and conditions of business constitute a contract of agreement between Decent Cleaning and the Client:
2 The Company shall provide the cleaning services in accordance with these terms and conditions and its specification (“the Cleaning Services”)
2.1 The Company shall provide all labour, cleaning equipment where agreed and supervision necessary for the provision of the Cleaning Services.
2.2 The Client shall provide without charge to the Company all necessary light, hot water and other facilities required to carry out the work together with suitable secure storage facilities for any materials and equipment which the Company may wish to leave at the premises. Provided that materials and equipment are left by the Company in such secure storage then they shall be at the Client’s risk and the Client shall indemnify the Company against any loss or damage to such items.
3 In order to facilitate cleaning and to prevent papers and documents being mislaid, the Client shall, so far as possible, clear all desks and ledges prior to the commencement of work as well as the space in front of all windows and other glass to be cleaned.
3.1 Under no circumstances shall the Company’s Employees be required by the Client to clean any cracked or broken glass or any broken windows which are or appear to be unsafe or dangerous or to do anything which might expose them to unusual or unreasonable risk or injury. The Client shall be liable for any injury or damage caused by its failure to comply with this condition.
3.2 The Company reserves the right without penalty or prejudice to the Agreement to refuse to carry out work under conditions which it considers dangerous to the health or safety of any of its Employees working on the premises.
3.3 The Client warrants that the premises are safe for work and comply with all statutory requirements.
3.4 The Client shall maintain the premises in a safe condition for the work to be carried out and shall comply with its obligations under the Health & Safety Act 1974 and any statutory amendment thereof. The Client shall warn the Company of any unusual hazard in advance of the work being carried out.
4 The Company confirms that it will take steps to safeguard the health and safety of its own employees and bring to their notice the safety policies of the Company and (if so advised) the Client.
5 The Company is insured in respect of its own legal liability for accidents to its own Employees and for Third Party Risks.
5.1 The Company shall be liable up to a maximum sum of £1,000,000, but no more unless otherwise expressly agreed in writing for any direct damage to or loss of the Client’s Property caused by the negligence of the Company’s employees acting within the terms of their employment provided that the Company shall both have been notified of such damages within 24 hours of occurrence and also have received full written details at its main office within 48 hours of occurrence, other than as provided for in Condition 11 hereof in regard to carpet cleaning.
5.2 Under no circumstances shall the Company be liable for any indirect or consequential damage or loss suffered by the Client howsoever arising.
5.3 To help the Company maintain its high standards, the Client shall subject to sub-paragraph (5.1) above notify any complaints to its main office in writing as soon as practicable. In the absence of any such notification it will be presumed that the work has been performed to the Client’s satisfaction.
6 Unless otherwise expressly agreed in writing the Company shall not be required to carry out the work on Weekends, Bank Holidays, Good Friday or Christmas Day.
6.1 If the Company shall be denied reasonable access to the premises or otherwise prevented from providing the services specified at the times agreed it shall be deemed to have performed its obligations in full and the Client shall not be entitled to any reduction in the contract price.
7 In the event of the Client during the course of the Agreement moving to other premises or extending the premises or making any changes which may increase the cost to the Company of carrying out its obligations the Agreement shall not terminate the Company shall provide a revised specification for the provision of Cleaning Services and this contract shall continue in force as altered with the price being fairly and reasonably adjusted accordingly.
8 The Agreement may be suspended by the Company for the period when by reason of war, riot, fire, strike, trade dispute or (without limitation) any cause beyond the Company’s control the Company shall be unable to carry out the work and the Company shall not be liable for any loss or damage arising there from.
9 The Company reserves the right after consultation with the Client to adjust the price stated in the quotation by any increase between the date of the quotation and the date of the contract in the direct cost to the Company of labour and/or materials to fulfil the contract.
9.1 All hours, staff numbers and rates of pay referred to in any cost breakdown are the anticipated levels at which the Company will be operating. The Company reserves the right to adjust these if required.
9.2 The company shall render invoices for services at the commencement of the service with the Client for one calendar month or part thereof and every calendar month thereafter, unless otherwise expressly agreed in writing all invoices shall be paid without any discount deduction or set-off by the end of the calendar month in which the service is provided. The Company reserves the right to charge interest at the rate permitted by the Late Payment of Commercial Debts Regulations (Interest) Act 2013 on any overdue payment. If the payment of any invoice shall be overdue by 7 days, the Company may (without prejudice to any other remedy it may have against the Client) suspend or terminate service under the contract until all monies and interest on them have been paid in full and the Customer’s other obligations have been fully complied with.
9.3 In any event Decent Cleaning will suspend work if payment is not received by the end of the month following its due date and such action will neither invalidate the contract nor constitute a breach of contract by Decent Cleaning.
9.4 The Company reserves the right to require payment for the invoices before continuing to deliver services under the contract.
9.5 Upon termination of the contract i.e. by or on the last day of the contract term, all outstanding invoices must be paid.
10 During the currency of the Agreement and for a period of 12 months after its determination howsoever occasioned the Customer shall not (i) employ any person who shall have been an Employee of the Company concerned with the cleaning of the premises during the currency of the Agreement nor (ii) induce any person to leave employment nor (iii) introduce any person to any other person, firm or company which is or likely to be in competition with the Company.
11 In regard to carpet cleaning:-
11.1 The Company shall not be liable for any colour run shrinkage damage or deterioration in fabric or colour due to wear fade or spillage. Although the Company shall make all reasonable efforts to remove stains, it shall not be liable for any reaction of the cleaning process on carpet fibres nor when the nature of the stain has not been disclosed by the Client.
11.2 The Company maintains insurance cover for a total sum of £1,000,000 and shall not be liable to the Client any loss or damage not covered by any such insurance. In any event the Company shall not be liable for any damage to the carpet unless a written complaint shall first have been made to its main office within 7 days of the work being carried out.
12 Unless otherwise expressly agreed in writing, the Agreement shall run for an initial 12 months from the commencement of the work and thereafter shall continue from year to year until determined by either party giving to the other not less than 2 months notice in writing to expire upon an anniversary of the commencement of the work.
13 If the Client terminates the contract without notice or with less notice than is agreed the Client agrees to compensate the Company on a full indemnity basis upon demand for contractual pay in lieu of notice and statutory pay and compensation for redundancy and unfair dismissal and all associated costs (including legal costs) for which the Company becomes liable as a result of such termination.
14 If for the purpose of providing the Cleaning Services the Client has required the Company to obtain (or if in order to provide the Cleaning Services the Company has advised the Client that it has to obtain) a particular item or items of equipment then if in breach of contract the Client terminates this agreement before the end of the contractual term then in addition to any other damages claimable the Company shall be entitled to recover from the Client a fair proportion (according to the length of the contract) of the costs of acquisition less (if applicable) the second-hand market value of such equipment.
15 Either party may release or compromise the liability of the other under this agreement or grant to the other time or other indulgence without affecting that party’s liability.
16 The Client may not without the prior written consent of the Company assign or dispose of the Agreement, part with any interest in it or delegate any of the rights conferred by it.
17 No person other than the Company and the Client shall acquire any enforceable rights under or in connection with this agreement.
18 The Client warrants to the Company that none of its employees nor the employees of any other party who has been involved in the provision of services similar to those under this Agreement will become employees of the Client by reason of the transfer of the provision of such services to the Company and the Transfer of Undertakings (Protection of Employment) Regulations 1981 (“the Transfer Regulations”).The Client will indemnify and hold harmless the Company in respect of any claims costs demands and liabilities by reason of the application of the Transfer Regulations to the provision of the Cleaning Services.
19 Unless otherwise expressly agreed in writing where the Client is a managing agent on behalf of a third party then the obligations of the Client shall be deemed to be the joint and several liability of the managing agent and the third party who shall together be deemed to be the Client for the purposes hereof.
20 If during the currency of this Agreement there is imposed on the Company any new governmental tax charge or other imposition then the Company shall give notice to the Client who shall be bound to pay a fair proportion of such costs to the Company by way of increase in the price.
21 Either party may terminate this Agreement without prior notice if the other:
21.1 makes any assignment of its business for the benefit of creditors
21.2 has a receiver; administrative receiver or similar officer appointed of all or part of its property;
21.3 becomes bankrupt or goes into liquidation (except with the other’s consent) for the purpose of amalgamation or reconstruction; or
21.4 commits a material breach of this agreement and fails to remedy it within 20 days after written notice requiring it to be remedied.
22 The Company may wholly or partly sub-contract the performance of the services.
23 Whilst every care will be taken by its employees, the Company shall not be liable for any costs incurred for accidental errors in setting or un-setting alarm systems.
24 If the Client is in breach of the terms of the Agreement then it shall on a full indemnity basis hold harmless and compensate the Company for all costs resulting there from including (without limitation) its reasonable and proper legal costs of seeking to remedy the said breach.
25 Any notice required or allowed under this Agreement shall be deemed properly given if an e-mailed sent and delivered to the Client its usual invoice e-mail address given to the Company as main contact.
26 This Agreement shall be governed by English law and the parties consent to the exclusive jurisdiction of the English Courts in all matters regarding it.
27 References to the Agreement refer to the contract as constituted by the Company’s final written quotation (including these Terms & Conditions) and its acceptance by the Client. No qualification or amendment of these Terms & Conditions shall apply unless expressly agreed in writing by the Company.
IV. PRE/END OF TENANCY CLEANING TERMS
1. Unless otherwise agreed the standard Pre/End of Tenancy cleaning service does not include cleaning of walls, ceilings, curtains, blinds, balconies, patios, exterior windows, upholstery, oiled wooden floors. Neither does it include washing up, laundering or rubbish removal. Should any of these additional services be required, we will quote for them separately. It is essential for us to have the premises vacated and cleared of any furniture’s. Please also note our Pre/ Post Tenancy Cleaning does not include professional carpet cleaning which is not part of our services. However, we will vacuum all carpets if applicable, we can not guarantee to remove all pet hair. In addition, we do not wash or clean extension/underground utility rooms, the exterior of the property such as gardens, sheds, balconies, and garages. Any area of property extended is deem as an extra space, therefore will incur additional charges.
2. We ask Client to provide us with property details as accurate as possible, about the cleaning areas, e.g. size of rooms, number of bathrooms and overall cleanliness condition of the property. We may require to inspect the property before we carry out the cleaning job, if a customer fail to grant access to the property prior to the booking day for inspection the company reserve the right to cancel the job.
3. We use national average room sizes when calculating the price over the telephone and online inquiry form. Any estimate of how long it will take to do the job provided by us is only an estimate based on the average time it takes to clean a property of similar size. Any property extension areas is deem as an extra space, therefore will incur additional charges.
4. We reserve the right to amend the initial quotation and service price, should your original requirements change or upon inspection/visiting inspection of the property by us.
5. For bedrooms bigger than 20 square meters and living rooms bigger than 40 square meters the price will increase.
6. We are not responsible for any existing damage to Clients property in the form of old stains/burns/spillages etc. which cannot be cleaned/removed completely by the cleaning operative using the industry standard cleaning methods.
7. We will do our best to make sure your appliances are cleaned to a high standard. However, if they have not been cleaned since they were purchased regrettably we will not be liable for ingrained dirt that cannot be removed using chemicals. Freezers must be defrosted in advance, as the timescales for defrosting will not enable us to thoroughly clean it. We only clean exterior of all kitchen appliances: kettle, toaster, etc
8. We cannot guarantee our Pre/End of Tenancy Cleaning services when furniture or people are still present in the property at the time of the cleaning.
9. We reserve the right to refuse any cleaning job if the condition of the property is hazardous to the health and well-being of our Cleaners.
10. You require to provide us Parking Permit if is needed to park our vehicle at your home during cleaning time, otherwise you understand that additional Parking and Transport charge may apply.
11. Our company has the right to cancel or reschedule a service in cases where an accident or any unexpected circumstances have happen to the assigned cleaning team.
12. As per our Terms and Conditions, the Client agrees to inspect the work immediately after it is been completed and to draw to the attention to the cleaner if unsatisfied with anything or point any damage. The cleaner will carry out any further work within reason and in a case where the Client is unable to return, the Agency reserves the right to refuse any claims or request made by the Client.
13. The fee will be payable on booking by Internet bank transfer to our company bank account. The Client may cancel or reschedule a service by giving at least 24 hour’s notice but if we are not notified on time no refund will be given against the deposit. The Agency reserves the right to charge cancellation fee of up to 100% of the quoted price for the booked service.
14. If Client prefer not to pay in advance by using a bank transfer method, then may opt to pay in cash immediately upon completion of the work. If the payment is made by cash the Client must pay before the Cleaner/the Cleaning Operatives leaves the premises.