ECOCLEAN ABERDEEN LTD – CLEANING SERVICES TERMS & CONDITIONS
Please read these Terms and Conditions carefully. All contracts that the Company may enter into from time to time for the provision of the Company’s services shall be governed by these Terms and Conditions, and the Company will ask the Customer for the Customer's express written acceptance of these Terms and Conditions before providing any such services to the Customer.
1. Definitions
1.1 In these Terms and Conditions the following definitions apply except to the extent expressly provided otherwise:
"Business Day" means any weekday other than Sundays and public holiday in Scotland;
"Business Hours" means the hours of 10:00 to 17:00 GMT/BST on a Business Day;
"Charges" means the following:
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amounts calculated by multiplying the Company's standard time-based charging rates (as notified by the Company to the Customer before the date of the Contract) by the time spent by the Company’s personnel performing the Services (rounded down by the Company to the nearest quarter hour; and
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such amounts as may be agreed in writing by the parties from time to time;
“Cleaner” - means the person or firm carrying out cleaning services on behalf of the Company.
“Cleaning Visit” - means the visit to the Customer’s service address by the Cleaner in order to carry out the Service.
"Company" means EcoClean Aberdeen Ltd, a company incorporated in Scotland (Registration number: SC514972), having its registered office at 91 Davidson Drive, Aberdeen , AB16 7QS;
"Contract" means a particular contract made under these Terms and Conditions between the Company and the Customer;
"Customer" means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 2006 to whom the cleaning services are supplied by the Company;
"Customer Premises" means any premises owned or controlled by the Customer at which the parties expressly or impliedly agree the personnel of the Company shall provide Services;
"Effective Date" means the date of execution of a Statement of Work incorporating these Terms and Conditions;
"Services" means a full range of cleaning services carried out on behalf of the Company;
"Statement of Work" means a written statement of work agreed by or on behalf of each of the parties;
"Terms and Conditions" means all the documentation containing the provisions of the Contract, namely the main body of these Terms and Conditions and the Statement of Work, including any amendments to that documentation from time to time.
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 and Conditions are for convenience only and do not affect their interpretation.
2. Contract
2.1 These Terms and Conditions form part of a contract between EcoClean Aberdeen Ltd and the Customer.
2.2 The Customer agrees that any use of the Company’s services, including placing an order for services by telephone, fax, email, website forms shall constitute the Customer’s acceptance of these Terms and Conditions.
2.3 Unless otherwise agreed in writing by a director of the Company, these Terms and Conditions shall prevail over any other terms of business or purchase conditions put forward by the Customer.
2.4 No variation or alteration of these Terms and Conditions shall be valid unless approved in writing by a director of the Company. 2.5 The Contract shall come into force upon the Effective Date.
2.6 The Contract shall continue in force until:
(a) all the Services have been completed; and
(b) all the Charges have been paid in cleared funds, upon which it will terminate automatically, subject to termination in accordance with Clause 13
2.7 Unless the parties expressly agree otherwise in writing, each Statement of Work shall create a distinct contract under these Terms and Conditions.
3. Services
3.1 The Company shall provide the Services to the Customer in accordance with these Terms and Conditions.
3.2 The Company shall provide the Services with reasonable skill and care and act in a professional workmanlike way at all times while carrying out the Services for the Customer.
3.3 In the interests of Health and Safety, the Company shall comply with all applicable rules relating to site security and safety. The Company shall ensure that Services are only provided where the provision of Services will not breach Health and Safety legislation.
3.4 If the Customer believes that any element of the Services does not meet the standard specified in Clause 3.2 and 3.3, the Customer must promptly (and in any event no later than 24 hours after the Services were undertaken) notify the Company and allow the Company to investigate the matter (including where applicable allowing the Company to inspect the results of those Services) and, if those Services do not meet that standard, re-perform those Services. 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.
3.5 The Company shall devote such of its personnel's time, skill and expertise to the performance of the Services as may be necessary for their satisfactory and timely completion.
3.6 The Company shall comply with all reasonable requests and directions of the Customer in relation to the Services.
3.7 The Company is free to provide any services to any other party at the same time as being engaged by the Customer, and the Customer acknowledges that it will not have first call on the Services of the Company in priority to any third party.
3.8 The Company has a minimum service period and will provide the Customer with an estimate before work commences. Any quotes provided by the Company, including any description and duration 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 type of cleaning tasks required or any other factor outside of the Company’s control.
3.9 The Company shall give a rough estimate of time when cleaning services will be provided. The Customer understands that it being difficult to calculate precisely the start time of the cleaning services as this may vary depending on factors outside of the Company’s control, and therefore a degree of flexibility is required.
3.10 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 Customer may request that the Company perform additional work in excess of the agreed hours and in such circumstances, the Company will invoice the Customer for any additional hours worked. If the conditions in the Customer's home change (i.e. a new pet or additional household members), it may be necessary to revise the service charge.
3.10 The Customer understands that the price he has been quoted is not for a "package deal" and does not include anything apart from cleaning work.
3.11 The Company reserves the right to amend the initial quotation at any time, should the Customer’s original requirements or initial list of tasks change. Differences in excess of 10% will be discussed with the Customer prior to the start of the work.
3.12 The Company shall inform the Customer immediately should the Cleaner cannot attend a scheduled visit due the unforeseen circumstances and such visit would be rescheduled to the soonest possible date that fits both parties.
3.13 If the Customer needs to change a cleaning day or time the company will do its best to accommodate them. A minimum of 48 hours’ notice is required. Please note that the Company cannot guarantee that the same Cleaner will be available on the new day and the time the customer requires. Any changes in the cleaning schedule are subject to availability.
3.14 The Company shall not be liable for failure to carry out work if prevented from doing so as a result of any circumstances beyond the Company’s control. The Customer will be charged a fee of £100.00 if the Company would be prevented from providing the services due to the Customer’s failure or negligence.
3.15 The Company accepts that it is responsible for the Services, and that it is responsible for covering its own risk with a suitable policy of insurance.
3.16 The Company reserve the right to decline any cleaning works at height above 2 metres or works involving ceiling lamps and ventilator air exchange fans.
3.17 The Company does not provide cleaning services which involve gas & electricity meters, electric cables and wires or any other dangerous subject.
4. Payment
4.1 All work performed by the Company will be invoiced to the Customer based on the number of hours worked and not on any other basis. The Company will agree with the Customer the number of hours or services that will be worked and will invoice the Customer in accordance with that agreement.
4.2 The Company shall issue invoices for the Charges to the Customer at the end of the month within which the relevant Services have been delivered to the Customer. The Customer must pay the Charges to the Company within the period of 3 days following the issue of an invoice in accordance with this Clause 4.
4.3 All charges and payment do not include Value Added Tax or other applicable duties as may be required by law.
4.4 If the Customer does not pay any amount properly due to the Company under these Terms and Conditions after 30 days of invoice, the Company reserves the right to charge the Customer interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate from time to time (which interest will accrue daily from the due date until the date of actual payment and be compounded at the end of each calendar month). If the Customer is not a consumer, the Company will claim interest and statutory compensation from the Customer pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
4.5 In the event that cleaning service contract is terminated by the Customer prior to completion of the Services, but where the Services have been partially performed the Company will be entitled to pro rata of the Payment to the date of termination.
4.6 Payment methods for the charges of the Company can be made by cash, cheque, or bank transfer direct to the Company (using such payment details as are notified by the Company to the Customer from time to time).
BACS Payment
Branch name: TSB Bank
Account name: EcoClean Aberdeen Ltd
Account Sort code: 87-34-13
Account number: 00012457
4.7 If the Company is forced to refer the Customer’s account for collection to a third party then extra costs may be added to the outstanding amount by the debt collecting company.
4.8 Any bank charges incurred due to a Customer’s cheque/direct debit being returned unpaid will be passed to the Customer at a flat rate of £20.00 per cheque.
4.9 The Company reserves the right to cancel any contract and back charge additional for past services to reflect the balance of the standard rate(s) if any misleading or false information was used to obtain discounted services.
4.10 The Customer agrees to and authorises the Company to charge his debit/credit card with any outstanding amounts owed to the Company.
4.11 The Company reserves the right to re-evaluate its charges at any time to allow for business related costs referred to above and shall give the Customer a 14 days advance notice of any changes.
4.12 One off cleaning service (known as ‘‘deep cleaning service’’) requires a deposit of half or full payment payable to the Company by bank transfer at least 48 hours in advance. The remaining balance must be paid following the receipt of the invoice. If no deposit payment has been received prior the time of cleaning service, no works would be undertaken by the Company.
5. Equipment
5.1 Cleaning materials (detergents, solutions, towels, cloths, gloves) and equipment are provided by the Company. The Company trains it cleaners in the use of those products and tools.
5.2 If the Customer wants their own solutions, materials or equipment used, they must be safe to operate, in full working order and for general cleaning purposes only. The Company will not accept liability for any losses or damages arising out of the Company’s use of those products or tools in providing the cleaning services.
5.3 If the Customer has equipment that is complicated to operate, the Customer must provide clear and detailed instructions to any Cleaner who attend.
5.4 If the Customer has got items which need special cleaning methods and special cleaning detergents, the Company reserves the right to refuse the provision of the cleaning detergents. The Company also reserves the right to refuse using any bleach products delivered by the Customer. The Company will not accept liability for any losses or damages arising out of the Company’s use of those bleach products in providing the cleaning services.
5.5 The Cleaner will use the Customer’s vacuum cleaner and this must be safe to use/operate, fully charged, emptied regularly and in full working order. It must not require any special skills to be used for the purpose of cleaning. If the vacuum cleaner has not been properly prepared by the Customer at the time of cleaning services, no works would be undertaken by the Company.
5.6 The Company will not be liable to cover the cost of any general wear and tear of the Customer vacuum cleaners or any other equipment and cleaning materials.
5.7 The Company will advise the Customer to provide the specific cleaning detergents and to pass cleaning instructions to the advisors when placing the order or give instruction to the present cleaner.
6. Customer Obligations
6.1 The Customer 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.
6.2 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.
6.3 Save to the extent that the parties have agreed otherwise in writing, the Customer must provide to the Company, or procure for the Company, such:
(a) co-operation, support and advice;
(b) information and documentation; and
(c) legal and regulatory licenses, consents and permits,
as are reasonably necessary to enable the Company to perform its obligations under the cleaning service contract.
6.4 A detailed list of cleaning specifications (cleaning tasks) must be provided by the Customer to the Cleaner prior to service commencing. If only verbal description of the tasks has been provided, the Company shall not be responsible for any tasks not carried out.
6.5 The Customer gives the Company express permission to take pictures of the property prior and after the cleaning services and to post them on the Company’s website and social media accounts for marketing purposes.
7. Access to Property
7.1 In order to enable the Company to undertake the services, the Customer agrees to give to the Company a key and/or details of any relevant access codes. If the Customer 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.
7.2 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 liability only for losses of the Customer’s key and/or access details arising from the Cleaner’s fault. The Company would only cover the reasonable costs of changing and replacing house locks in the Customer’s property subject to no additional charges for better quality lock or transportation.
7.3 If the Company is prevented from gaining access to the Customer’s property to carry out work as arranged, the time lost to the Company shall be considered to be 1 hour per employee involved and the Company reserves the right to invoice the Customer accordingly.
7.4 If the Customer requests keys to be collected by the Company’s Cleaner from a third party’s address outside the postal code of the serviced address then a £20.00 charge will apply. The charge will cover only the pick-up of keys. If said keys need to be returned back to the third party’s address or any other address another charge of £20.00 will apply.
8. Liability
8.1 The Company shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Customer arising from or in any way connected with a late arrival of Company Cleaner at the service address. The Company endeavours to be right on time on any visit but sometimes due to transport related and other problems which are beyond the Company’s control, the Company Cleaner may arrive with a delay or the cleaning visit may be re-scheduled.
8.2 The Company shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Customer arising from or in any way connected with:
(a) a cleaning job not complete due to the lack of suitable/enough cleaning materials, lack of hot water or electricity, or equipment not in full working order;
(b) third party entering or present at the Customer’s premises during the cleaning process;
(c) an existing damage to Customer property in the form of old/permanent stains/burns/spillages etc. which cannot be cleaned/removed completely by the Cleaner using the Customer’s cleaning equipment and materials and in accordance with the industry standard cleaning methods as described in the Company’s method statements;
(d) wear or discolouring of fabric becoming more visible once dirt has been removed;
(e) any damages caused by faulty/not in full working order equipment supplied by the Customer;
(f) any damages caused by cleaning materials and bleach products supplied by the Customer;
(g) any damages worth £50.00 or less.
8.3 The Company shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Customer arising from or in any way connected with the Company carrying out services for the Customer if the Customer has an outstanding amount aged 7 days or more from the date the payment was due.
9. Breakage/Damage and Rectification
9.1 If the Customer 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 Customer 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.
9.2 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 Customer 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 Customer 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.
9.3 The Company shall not be responsible for damage due to faulty and/or improper installation of any item. All surfaces (i.e., marble, granite, etc.) are assumed sealed and ready to clean without causing harm.
9.4 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 Customer for any further compensation.
9.5 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. In case of damage, the Cleaner will repair the item at its cost. If the item cannot be repaired the Company will rectify the problem by crediting the customer with the item's present actual cash value toward a like replacement from a Company's source upon payment of cleaning services rendered. While the Company Cleaner make every effort not to break items, accidents do happen. Identical replacement is always attempted, but not guaranteed.
9.6 No claims shall be entertained if the Customer has an outstanding balance aged more than 30 days.
9.7 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.
10. Complaints
10.1 All complaints are taken seriously. If the Customer is not happy with any aspect of the service, they should inform the Company as soon as possible and give the Company chance to rectify. The Customer’s custom is highly important and the Company strives to provide the best possible ongoing service.
10.2 All complaints must be submitted in writing to the Company’s registered address or via email: ecocleanaberdeen@gmail.com.
10.3 If the Customer is unpleased with a currently occurring service, the Company asks that the Customer notifies the office as soon as possible via email ecocleanaberdeen@gmail.com. Please do not wait until the service is ending. The Company will make every effort to provide the best possible cleaning service to the Customer including reallocation to another cleaner.
11. Confidentiality and Data Processing
11.1 The Company recognises that the cleaning service contract creates a confidential relationship between the Company and the Customer and that information relating to the Customer’s affairs may become known to the Company and/or its staff members during the term of the cleaning service contract. The Company agrees to, and to ensure its staff members agree to, keep confidential any personal data regarding the affairs of the Customer and not to disclose, divulge, reveal, report or use for any purpose such information to any other person except as authorised by the Customer or otherwise required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of the cleaning services contract.
11.2 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.
11.3 The Customer recognises that the Company may be required to collect and process personal data relevant to the Customer and hereby agrees to the collection and processing of any personal data for the purposes of administering the Company obligations under this Agreement. For the purposes of clauses 28 and 29, the terms "process" and "personal data" have the meanings given to them by the Data Protection Act 2018.
11.4 The Company is committed to comply with the principles and requirements of the Data Protection Act 2018 in relation to the holding and processing of the Customer’s personal data, including special categories of data. The Company will hold and process, both electronically and manually, personal data relating to the Customer which is necessary for the performance of this Agreement and for other lawful processing reasons such as where it is in the Company’s legitimate interests and where it is necessary for compliance with a legal obligation.
12. Cancellation
12.1 The Customer may cancel or adjust the time of a cleaning visit/s by giving a minimum 72 hours advanced notice. In the event that less than 72 hours’ notice is given, the time lost to the Company shall be considered to be paid full hours of works and the Company reserves the right to invoice the Customer accordingly.
12.2 The Customer agrees to pay the full price of the cleaning visit if:
(a) the Customer cancels or changes the date/time less than 72 hours prior the scheduled appointments;
(b) the Customer fails to provide access to the service premises thus preventing the Company to carry out the booked work;
(c) there is a problem with the Customer’s keys and the cleaner cannot let themselves in. If keys are provided, they must open all locks without any special efforts or skills.
12.3 The Company’s cleaners work on any day of the week including bank holidays. If the Customer does not require cleaning on such dates then 72 hours’ notice is required. If the Customer’s cleaning visit is due on a Bank Holiday and he hasn't called, faxed or e-mailed the Company to cancel the visit 72 hours prior to the start of the cleaning session, the Customer agrees to and understands that the regular amount due for that cleaning visit will be charged regardless of whether the Cleaner has cleaned the Customer’s property or not.
13. Termination
13.1 The engagement of the Company under this Terms & Conditions shall continue unless and until determined by notice given by either party to the other.
13.2 The Company may terminate the cleaning service contract by giving to the Customer not less than 28 days' written notice of termination, expiring at the end of any calendar month. A termination by the Company of its engagement under this Agreement shall be without prejudice to its rights against the Customer for failure to pay the Company’s charges.
13.3 The Customer may terminate the cleaning service contract by giving to the Company not less than 28 days) written notice of termination, specifying the last cleaning date and give reason.
13.4 Termination of cleaning service contract without notice cancellation is subject to penalty fee of £100.00.
14. Miscellaneous Terms
14.1 Any notices requests, demands or other communications required or permitted by these Terms and Conditions will be given via email as well as in writing and delivered to the Parties at the addresses specified above, or to such other address as either Party may from time to time notify the other, and will be deemed to be properly delivered (a) immediately upon being served personally, (b) two days after being deposited with the postal service if served by recorded delivery mail, or (c) the following day after being deposited with an overnight courier.
14.2 The Company reserves the right to make any changes to any part of these Terms and Conditions for any reason without giving any prior notice. The Company may add to or alter these Terms and Conditions from time to time and any alterations or additions will apply to new Customers, but not to existing cleaning services contracts.
14.3 No breach of any provision of the Terms and Conditions shall be waived except with the express written consent of the party not in breach.
14.4 If any provision of the Terms and Conditions or cleaning services contracts is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Terms and Conditions and cleaning services contracts will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
14.5 The Company must not voluntarily, or by operation of law, assign, subcontract or otherwise transfer its obligations under the cleaning service contracts without the prior written consent of the Customer, providing that the Customer must not unreasonably withhold or delay the giving of such consent.
The Customer must not without the prior written consent of the Company assign, transfer or otherwise deal with any of the Customer's contractual rights or obligations under the cleaning service contracts.
14.6 The Contract is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the cleaning service contracts are not subject to the consent of any third party.
14.7 The main body of these Terms and Conditions and the cleaning service contract shall constitute the entire agreement between the parties in relation to the subject matter, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
14.8 These Terms & Conditions, the cleaning service contracts and the arrangements referred to therein shall be governed by and construed in accordance with the laws of the Scotland.
14.9 The courts and tribunals of Scotland shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the cleaning service contracts and the arrangements referred to therein.