Terms and Conditions of Contract
1.1. In these Terms of Business the following definitions apply:
“The Company”, “We”, “Us” – means BCS.
“Cleaner” – means the person or persons carrying out cleaning services on behalf of the Company.
“Client” – means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 to whom the cleaning services are supplied by the Company.
“Service” – means the cleaning services carried out on behalf of the Company.
“Cleaning Visit” – means the visit to the Client’s service address by the Cleaner in order to carry out the Service.
1.2. Unless the context requires otherwise, reference to the singular include the plural and references to the masculine include the feminine and vice versa.
1.3. The Headings contained in these Terms are for convenience only and do not affect their interpretation.
- The Company provides a full range of office and factory cleaning services. The term “cleaning” does not include the removal of oil, paint, varnishes or other such substances or the cleaning of carpets (other than vacuuming).
- The Company has a 1.5 hour minimum service period and will provide the Client with an estimate before work commences. Any quotes provided by the Company including any description of jobs to be performed, are estimates only and do not represent a guarantee of work to be performed during the contracted hours. The ability of the Company to complete the quoted tasks for each service may vary depending on the state of the property, the additional cleaning required or any other factor outside of the Company’s control.
- Unless specifically directed otherwise, the Company will only perform the services during the agreed contracted hours. If the amount of time needed to provide the services differs significantly from the initial estimate, then an adjustment to the price will be necessary. From time to time, the Client may request that the Company perform additional work in excess of the agreed hours and in such circumstances, the Company will invoice the Client for any additional hours worked. If the conditions in the Client’s establishment change it may be necessary to revise the service charge.
- In addition to the general cleaning services, the Company can provide the Client with add-on services such as window cleaning etc. Such services must be requested in advance and additional fees will be incurred when such services are requested.
- The Company shall not be liable for failure to carry out work if prevented from doing so as a result of any circumstances beyond their control. The Client will not be charged for any work not actually undertaken by the Company in such circumstances.
- All work performed by the Company under this agreement will be invoiced to the Client. The Company will agree with the Client the number of hours that will be worked and will invoice the Client in accordance with that agreement.
- The Company’s charges will be invoiced calendar monthly and invoices are required to be paid within 30 days of the invoice date. In the event of any payment not being received, the Company reserves the right to add compound interest at 3% per week to the overdue sum.
- Payment methods for the charges of the Company can be made by direct debit, BACS or bank transfer direct to the Company.
- The Company reserves the right to re-evaluate its charges at any time after the first year to allow for business related costs referred to above and shall give the Client 30 days advance notice of any changes.
Access to Property
- In order to enable the Company to undertake the services, the Client agrees to give to the Company a key and/or details of any relevant access codes. If the Client has an alarm and if a code is not provided to the Company, it is expected that the alarm will be turned off on the days that the services are to be provided.
- The Company agrees to keep any details of keys and access codes strictly confidential and take all reasonable steps to ensure the security of any physical keys and access codes. The Company accepts no liability of any nature for any losses that may arise from the Client’s provision of any key and/or access
details and the Client hereby indemnifies the Company in respect of any losses that may be sustained as a result, howsoever caused.
- If the Company is prevented from gaining access to the Client’s property to carry out work as arranged, the time lost to the Company shall be considered to be 1 hour per Cleaner involved and the Company reserves the right to invoice the Client accordingly.
Breakage/Damage and Rectification
- If the Client has a concern regarding the quality of the service provided, he or she is obliged to immediately raise that concern and in any event no later than 24 hours of the service being provided. If the concern is justified, the Company will arrange for the re-cleaning or rectification of the area under dispute for no additional charge. The Client will remain liable to pay for hours worked by the Company providing the initial services (other than those hours spent rectifying the concern) and no refund will be offered by the Company.
- The Company is insured, however it shall not be liable for any loss, damage or injury arising from the breaking or disintegration during cleaning by the Company’s servants or agents of any cracked, defective or broken parts of the property of the Client nor will the Company be liable for any loss, damage or injury arising from the general wear and tear resulting from the cleaning by the Company’s servants or agents. The Company expects the Client to secure and/or move any items of either extreme monetary or sentimental value and assumes that all surfaces are sealed and ready to be cleaned without causing harm.
- The Company reserves the right to take all reasonable steps to make good any damage for which it may be liable under this Agreement in lieu of making payment in respect thereof. Subject to the Company taking all reasonable steps to make good any damage for which it is liable under this Agreement, it shall not be liable to the Client for any further compensation.
- Where the Company is liable to compensate for damaged items, such compensation will be limited to the actual value of the item at the time of breakage and not the cost of a replacement item, the whole in accordance with the principles applied by its insurer. For the avoidance of any doubt, the obligation of rectification and/or replacement is limited only to the actual item or area damaged and not to replacement or rectification of an entire set or workspace.
Cancellation and Changes
- It is a condition of this Agreement that the Client provides a minimum of 24 hours notice to make a cancellation of work as arranged. In the event that less than 24 hours notice is given, the time lost to the Company shall be considered to be one hour per employee involved and the Company reserves the right to invoice the Client accordingly.
Obligations of the Client
- The Client shall provide, free of charge, all necessary electricity, hot water and other facilities, which may be required to enable the Company to carry out the work. All fragile, breakable and/or high value (whether sentimental or expense) items must be secured or removed before each service is provided by the Company and the Company takes no responsibility for any damage caused to such items.
- The Company uses its own cleaning products and tools and trains its cleaners in the use of those products and tools. If the Client requests that the Company use the Client’s cleaning products or tools, the Company will not accept liability for any loss or damage arising out of the Company’s use of those products or tools in providing the cleaning services.
- It is a condition of the Agreement that the Client hereby undertakes that he or she will not during the period of the Agreement or for the period of 12 months after the termination thereof:
- Refer any person or persons employed by the Company to anyone unless the Client refers the Company itself; or
- Offer to give any person or persons employed by the Company any employment similar to his or her employment with the Company, the expression “Client” in this context includes in the case of a company its beneficial owners.
- If the Client acts in breach of clause 21 above, a fee of £1000 will be payable and will be due within 30 days of notification by the Company to Client.
- If the Client is not completely satisfied with the services provided, it must inform the Company immediately (and in any event no later than 24 hours after the services were undertaken). Failure to do so will result in the Company having no obligation of rectification or replacement subject always to the damage being attributable to the actions of the Company.
- No claim against the Company in respect of alleged negligence of the Company, its servants or agents, or any alleged defect in the Company’s plant, machinery or materials or in respect of any other matter shall be valid unless notice in writing thereof is received by the Company at its Registered Office within 7 days after the happening of the event giving rise to the claim. Unless notified otherwise, any claim will be referred directly to the Company’s insurer for assessment.
- The Company undertakes to be fully insured in respect of Employer’s Liability.
- The Liability of the Company in respect of any one claim or series of claims successfully brought against the Company in a Court of Law and arising from any one incident involving negligence of itself, its servants or agents, or through any defect in its plant or machinery shall be limited to the sum of £5,000,000.
Confidentiality and Data Processing
- The Company recognises that this Agreement creates a confidential relationship between the Company and the Client and that information relating to the Client’s affairs may become known to the Company and/or its Cleaners during the term of this Agreement. The Company agrees to, and to ensure its Cleaners agree to, keep confidential any personal data regarding the affairs of the Client and not to disclose such information to any other person except as described in the Privacy Notice set out below or as otherwise required by law.
- The Client recognises that the Company may be required to collect and process personal data relevant to the Client and hereby agrees to the collection and processing of any personal data for the purposes of administering the Company’s obligations under this Agreement and as described in the Privacy Notice set out below. For the purposes of clauses 27 and 28, the terms “process” and “personal data” have the meanings given to them by the Data Protection Act 1998.
- The Company reserves the right to amend these terms for any reason and will provide the Client with no less than 30 days advance notice of any changes to these terms.
- The engagement of the Company under this Agreement shall continue unless and until determined by not less than 90 day’s notice in writing given by either party to the other. A termination by the Company of its engagement under this Agreement shall be without prejudice to its rights against the Client for failure to pay the Company’s charges.
Governing Law and Disputes
- This contract and the arrangements referred to therein are subject to the laws of England and any disputes arising out of this contract or the arrangements referred to therein shall be subject to the exclusive jurisdiction of the courts and tribunals of England.
- BCS Cleaning Ltd (referred to as “Company” in the above Terms and Conditions of Contract is committed to protecting the privacy of all the individuals we deal with and will treat your information confidentially.