Terms & Conditions

1. Provision of services

The Provider shall provide the Cleaning Services in accordance with these terms and the Schedule, and provide adequate staff (including supervision)

2. Duration of agreement

Unless it is previously terminated without notice as agreed below, this agreement shall continue for 12 months on a roll on basis until it is terminated by the notice agreed below expiring at any time after the Term.

3. Selection of Provider’s staff

The Provider will provide staff to work under the Cleaning Contract who are known to it and in respect or whom character and employment references have been checked to ensure that they are reliable, discreet and honest. The Provider will provide the customer with a list of the names of all staff working at the Site, their duties and all changes in the staff.

 

4. Uniforms

The Provider will supply its staff with a uniform clearly marked with the Provider’s insignia.

 

5. Security

The Provider will ensure that its staff working on the Site under the Cleaning Contract are made fully aware of and comply with the Customer’s security procedures and do not take bags other than small handbags onto the site.

 

6. Storage space

The Customer shall provide adequate and secure space at the Site for the storage of the Provider’s equipment and materials.

 

7. New Premises

If the Customer moves to another site or alters the Premises on the Site and gives the Provider full details of the new or additional Premises or the premises as altered, the Provider will provide a new or varied schedule specifying the work to be done and quotation for a revised Cleaning Charge and, if it is accepted by the Customer, the Cleaning Contract will continue in force as altered.

 

8. Safe premises

The Customer warrants that the Premises are safe for work and comply with all Statutory Requirements for the health and safety at work of the Provider’s employees. The Provider may refuse to permit its staff to work in the Premises or any part of them if the Provider reasonably considers that they may be exposed to undue risk or danger.

9. Provider’s health and safety policy

The Provider acknowledges that it is under a duty to ensure so far as is reasonably practicable the health, safety and welfare at work of all its employees and other persons who are affected by its business activities. So far as affects its staff who work under the Cleaning Contract, the Provider undertakes with the Customer that (without limiting its duties to them) it will:

1    Safeguard their health, safety and welfare at work under the Cleaning Contract;
2    Bring to their notice the safety policies of both the Provider and the Customer;
3    Provide all necessary information, training and supervision in safe working practices and the need to work safely; and
4    Have regard for the health and safety of those not employed by the Provider, but who may be affected by the Provider’s work under the Cleaning Contract.

10. Customer complaints

1. Any complaint about the performance of the Cleaning Contract must be made in writing to [one of] the Provider’s [Authorised Signatories] within 2 working days of the occurrence and the Provider will take all necessary action, without cost to the Customer, to investigate and (unless it reasonably considers that the complaint was not justified) take any necessary remedial action.

2. In the absence of complaint it will be assumed that the Customer is satisfied with the Provider’s performance of the contract.

11. Payment

The Customer shall pay all other charges not later than 30 days after the Provider’s invoice in respect of them.

 

12. VAT

All charges are exclusive of VAT which is payable in addition to such charges.

 

13. Increasing charges

The Provider may increase the Cleaning Charge by giving [90] days’ prior written notice to take effect on the next due invoice after that period, but:

1. No such change shall be made within the initial [12] months of this agreement and;
2. The Customer may terminate this agreement by giving [90] days’ notice in writing following written notification of intent to increase charges.

14. No set-off

The Customer shall pay all money due under the Cleaning Contract without any discount, deduction, set-off or counterclaim regardless of any claim or dispute which the Customer has or alleges it has against the Provider.

15. Suspension of performance

Failure by the Customer to pay the Cleaning Charges within 30 days of due date or to comply with any of its other obligations under the Cleaning Contract shall constitute sufficient cause for the Provider to suspend or terminate service under the Cleaning Contract until the Cleaning Charges have been paid in full and the Customer’s other obligations have been complied with in full.

16. Termination by notice

Either party may terminate this agreement by not less than 3 month notice to the other expiring not earlier than the end of the Term.

 

17. Grounds for termination

Either party may terminate this agreement without prior notice if the other:

 

1. Makes any assignment of its business for benefit of creditors;
2. Has a receiver, administrative receiver or similar officer appointed of all or part of its property;
3. Becomes bankrupt or goes into liquidation (except with the other’s consent) for the purpose of amalgamation or reconstruction; or
4. Commits a breach of this agreement and fails to remedy it within [20] days after written notice requiring it to be remedied.

 

18. Redundancy on premature termination

If the Customer terminates the Cleaning Contract without notice or with less notice than is agreed, the Customer agrees to compensate the Provider in full on demand for contractual pay in lieu of notice and statutory pay and compensation for unfair dismissal for which the Provider becomes liable as a result of the termination.

19. Force majeure

Neither party shall be liable for any failure in the performance of any of its obligations under this agreement caused by factors outside its control.

20. Confidentiality

All information acquired by the Provider relating to the Customer’s business shall be treated by the Provider as confidential (after as well as during this agreement) and the Provider shall not make any use or disclosure of it. The Provider shall (if so requested by the Customer) require its employees to enter into written undertakings as to confidentiality which are directly enforceable by the Customer.

 

21. Not to solicit employees

 

While the Cleaning Contract remains in force and for one year after its end (however caused) the Customer shall not directly or indirectly solicit either on their own account or on behalf of any other person the whole or part time services for any purpose of any of the Provider’s employees who work in any capacity under the Cleaning Contract at the Site

 

22. Exclusion of liability

The Provider disclaims all liability to the Customer in connection with the Provider’s performance under this agreement, including but not limited to liability for loss of profits and other consequential losses.

23. Variation

Except as expressly provided for in this agreement, no variation or amendment of this agreement or oral promise or commitment related to it shall be valid unless committed to writing and signed by or on behalf of all parties by the Authorised Signatories.

24. No assignment etc

The Customer may not without the prior written consent of the Provider assign or dispose of the Cleaning Contract, part with any interest in it, or grant any lease or license or delegate any of the rights conferred by it. The Provider will not engage ‘self-employed’ staff to work under the Cleaning Contract but will provide employees engaged by it under service contracts.

 

25. Third parties

No person other than the Provider and the Customer shall acquire any enforceable rights under or in connection with this agreement.

26. Notices

Any notice required or allowed under this agreement shall be deemed properly given if mailed postage paid by recorded delivery to the Customer at the invoice address on the first page of this agreement.

 

27. Jurisdiction

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.

 

28. Public Holidays

The monthly service charge assumes 8 ‘non-working’ Public Holidays per year and will not be reduced for any month(s) containing such days, i.e. the monthly service charge is assumed to remain the same for 12 months from the commencement of service regardless of the closure of customer premises for Public Holidays. however, any work carried out by the Provider on a UK Public Holiday will be charged at twice the hourly contracted rate. Customers’ sites may be closed for up to two weeks over the Christmas/New Year period. Our monthly charge will remain the same regardless of any closure of the Customer’s sit.