Terms & Conditions

RELIANT CLEANING SERVICES

TERMS & CONDITIONS FOR SUPPLY OF SERVICES

 

These Terms & Conditions set out the terms under which we have agreed to provide services to you.

 

RIGHT TO CANCEL – where Customer is a “Consumer” as defined in the Consumer Rights Act 2015

You have the right to cancel this Contract within the first 14 days (“the Cooling Off Period”) for any reason, by confirming to us a clear indication of Your wish to cancel in writing (eg a letter by post or email).  You may also use the cancellation notice attached at Appendix A at the back of this Contract.  To meet the cancellation deadline, it is sufficient for You to send Your communication exercising Your right to cancel before the Colling Off Period expires.

If You requested that We start the Services within the Cooling Off Period, You will pay us an amount which is proportionate to the Services performed up to the point that You communicate Your cancellation.

If You cancel during the Cooling Off Period, We will reimburse You any sums that You have already paid Us, less a deduction for any Services delivered during this period.  We will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly requested otherwise, and You will not incur any fees as a result of reimbursement.

You have the right to cancel this Contract any time after the Cooling Off Period by giving Us not less than 14 days’ notice in writing.  Notice of cancellation will take effect as soon as it is received by Us.

 

 

 

 

PARTIES

  • Reliant Cleaning Services Limited (company number 1134109) whose registered office is at 1 Shepperton Marina Felix Lane TW17 8NS(We/Us); and
  • The customer engaging Our services (You).

BACKGROUND

  • We have offered to provide You with the Services defined below.
  • You wish to obtain the Services on the terms set out in this Agreement.

AGREED TERMS

  1. INTERPRETATION

The following definitions and rules of interpretation apply in this Agreement.

  • Definitions

Booking: any request by You for the provision of Services which is accepted by Us

Consumer: as defined in the Consumer Rights Act 2015

Equipment: any equipment, including tools, systems, cabling or facilities, provided by You, Your agents, subcontractors or consultants which is used directly or indirectly in the supply of the Services

Fees: the fees and other charges payable by You as specified by Us

Job: each requirement for Services that We agree to fulfil pursuant to a Booking

Premises: any premises at which We provide Services pursuant to a Booking

Services: as set out in any Booking

  • Clause headings shall not affect the interpretation of this Agreement.
  • A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
  • A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
  • Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
  • This agreement shall be binding on, and enure to the benefit of, the parties to this agreement and their respective personal representatives, successors and permitted assigns, and references to any party shall include that party’s personal representatives, successors and permitted assigns.
  • A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
  • A reference to writing or written includes email but not
  • Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
  • A reference to this agreement or to any other agreement or document referred to in this agreement is a reference of this agreement or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of this Agreement) from time to time.
  • Any words following the terms including, include, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
  1. OUR RESPONSIBILITIES
    • We shall use Our best efforts to provide the Services to You in accordance with this Agreement in all material respects.
    • We shall use Our best efforts to deliver the Services in accordance with the dates or timelines requested or agreed but any such dates shall be estimates only and time for performance by Us shall not be of the essence of this Agreement.
    • The Services may not be varied other than by agreement in writing between You and Us.
    • If We have agreed to provide the Services at commercial premises, We shall use reasonable endeavours to observe any health and safety and security requirements that apply and that You have communicated to Us, provided that (i) You provide Us with sufficient advance notice of such requirements and (ii) We shall not be liable under this agreement if, as a result of such observation, We are in breach of any of Our obligations under this Agreement.
    • The Services do not include (inter alia):
      • the washing or cleaning of walls or ceilings
      • moving heavy items in the Premises
      • any repairs to Premises or items within the Premises.
    • In the case of carpet, hard floor or upholstery cleaning: The effected carpet cleaning areas 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. We do not guarantee carpet cleaning results (including treatment of stains and soiling) and the results cannot be predicted. The results are dependent on the cause of the stain, how old the stain is, what previous treatment has been applied to the stain and the carpet and underlay type.
    • As regards oven and/or catering equipment cleaning: 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 of our cleaning chemicals are non-caustic. We do 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.
    • While We make every effort not to break items, accidents do happen. Identical replacement is always attempted but not guaranteed. For this specific reason, We request all irreplaceable items (whether monetarily or sentimentally valuable) be stored away and /or not cleaned by the cleaners.
    • In case of confirmed damage caused Us, We will attempt to repair the relevant item at its cost. If the item cannot be repaired, We will rectify the problem by crediting You with the item’s present actual cash value toward a like replacement from a source designated by Us upon payment of cleaning service rendered.
    • We will not be responsible for damage due to faulty and/or improper installation of any item or any old/worn out/damaged items. All surfaces (i.e., marble, granite, wood etc.) are assumed sealed and ready to clean without causing harm
    • We will return to Premises and repeat the Services at no cost to You where Services have not been provided adequately provided that You notify Us within 7 days of completion of any Job.
  2. YOUR OBLIGATIONS
    • You shall:
      • co-operate with Us in all matters relating to the Services
      • ensure that We have full access to the Premises for the purposes of providing the Services
      • ensure that the Premises are safe for Our use
      • ensure, in the case of an end-of-tenancy clean, that the Premises are empty save for fixtures and fittings and inventory items
      • inform Us as early as possible of all health and safety and security requirements that apply to the Premises
    • If Our performance of Our obligations under this agreement is prevented or delayed by any act or omission of You, Your agents, subcontractors, consultants or employees, then, without prejudice to any other right or remedy We may have, We shall be allowed an extension of time to perform Our obligations equal to the delay caused by You.
  3. YOUR RIGHT TO CANCEL
    • If You are a Consumer: Your rights to cancel this Agreement are set out above.
    • If You are not a Consumer: You may cancel all or any part of the Services by giving Us no less than 24 hours’ notice in advance, by email or by telephone. You will be liable to pay for all of the Services up to the point of cancellation in accordance with this clause.  If You cancel Services with less than 24 hours’ notice, You will be charged 50% of the fee quoted for the relevant Job.
  4. FEES
    • In consideration of the provision of the Services by us, You shall pay the Fees.
    • You will be charged a key collection fee per Job, as specified by Us from time to time, if We are required to collect keys from outside the postal code area of the Premises.
    • You will be required to pay forthwith any parking or congestion charges incurred by Us in the provision of the Services.
    • Without prejudice to any other right or remedy that You may have, if You fail to pay Us any sum due under this agreement on the due date:
      • You shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 4(a) will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%
      • We may suspend all or part of the Services until payment has been made in full.
    • All sums payable to Us under this Agreement:
      • are exclusive of VAT, and You shall in addition pay an amount equal to any VAT chargeable on those sums on delivery of a VAT invoice; and
      • shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
  1. NON-SOLICITATION
    • You shall not, without Our prior written consent, at any time within 12 months after the provision of Services by Us, solicit or entice away from Us or employ or attempt to employ any person who is, or has been, engaged as an employee, consultant or subcontractor of Ours in the provision of the Services.
  2. DATA PROTECTION
    • For the purposes of this agreement, Data Protection Legislation shall mean the Data Protection Regulation (EU) 2016/679 for the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, or “GDPR”) as well as any other applicable laws and regulations applicable to the purpose of this Agreement, including the Data Protection Act 2018. We will access and process Your data in accordance with applicable Data Protection Legislation and Our privacy policy on Our website.
  3. CONFIDENTIALITY
    • Each party undertakes that it shall not at any time, whether before or after termination of this agreement, disclose to any person any confidential information concerning the business, affairs, or clients of the other party, except as permitted by clause 2.
    • Each party may disclose the other party’s confidential information:
      • to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this clause 8; and
      • as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
    • No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this Agreement.
    • The term “confidential information” as used in this clause 8 shall not include information that has come into the public domain other than as a result of a breach of this agreement.
  4. LIMITATION OF LIABILITY
    • We warrant that the Services shall be performed in a professional, skilful and workmanlike manner consistent with industry standard.
    • Except as provided above in clause 1, to the maximum extent permitted by applicable law, We do not make any representations or warranties of any kind, whether express, implied, statutory or otherwise.
    • You acknowledge and accept, however, that We do not guarantee the success of Your Project, which will be dependent on a number of factors including, by way of example only, the extent of Your engagement in Your Project, Your decisions as to implementation of any recommendations that We make, and matters beyond Your or Our control.
    • Nothing in this agreement will limit or exclude Our liability for death or personal injury resulting from Our negligence or limit or exclude Our liability for fraud or fraudulent misrepresentation or limit or exclude any of Our liabilities in any way not permitted by applicable law.
    • Notwithstanding the foregoing, We shall not be liable to You in contract, tort, negligence or otherwise for any loss, damage, costs or expenses incurred or suffered by You as a direct, indirect, special or consequential nature arising from Our performance under this agreement.
    • To the maximum extent permitted by applicable law, Our total liability to You arising under or in connection with the provision of Services under this agreement shall be limited to the amount paid by You to Us for the provision of such Services giving rise to the claim.
    • You shall be liable to Us for any loss, damage or injury caused by You to Us or Our agents or representatives or Our property.
  5. OUR INSURANCE
    • We have obtained insurance cover in respect of Our own legal liability for individual claims not exceeding £10,000,000. The limits and exclusions in clause 9 reflect the insurance cover We have been able to arrange and You are responsible for making Your own arrangements for the insurance of any excess loss.
  6. TERMINATION
    • Without affecting any other right or remedy available to it, either party may terminate this agreement with immediate effect by giving written notice to the other party if:
      • the other party commits a material breach of any term of this agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 21 days after being notified in writing to do so
      • the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 as if the words “it is proved to the satisfaction of the court” did not appear in sections 123(1)(e) or 123(2) of the Insolvency Act 1986
      • a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party
      • any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 1(b) and/or (c); or
      • the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.
    • Without affecting any other right or remedy available to Us, We may terminate this agreement with immediate effect by giving written notice to You if:
      • You fail to pay any amount due under this agreement on the due date for payment and such amount remains in default not less than 7 days after being notified in writing to make such payment; or
      • If We conclude at any time, in Our judgement, that Our association with You may be harmful to Our reputation.
  1. CONSEQUENCES OF TERMINATION
    • On termination or expiry of this agreement:
      • You shall immediately pay all Fees in respect of Services which have not already been paid, and
      • the following clauses shall continue in force: clause 1 (Interpretation), clause 8 (Confidentiality), clause 9 (Limitation of liability), clause 12 (Consequences of termination), clause 2 (General), clause 14 (Waiver) and clause 15 (Notices).
    • Termination or expiry of this agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.
    • Force Majeure Event means any circumstance not within a party’s reasonable control including, without limitation:
      • acts of God, flood, drought, earthquake or other natural disaster
      • epidemic or pandemic
      • terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations
      • any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition
      • collapse of buildings, fire, explosion or accident; or
      • interruption or failure of utility service.
    • Provided it has complied with clause 5, if a party is prevented, hindered or delayed in or from performing any of its obligations under this Agreement by a Force Majeure Event (Affected Party), the Affected Party shall not be in breach of this Agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
    • The Affected Party shall:
      • as soon as reasonably practicable after the start of the Force Majeure, notify the other party of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the agreement; and
      • use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.
    • If the Force Majeure Event prevents, hinders or delays the Affected Party’s performance of its obligations for a continuous period of more than 4 weeks, the party not affected by the Force Majeure Event may terminate this Agreement by giving 1 week’s written notice to the Affected Party.
  2. GENERAL
    • You may not transfer any of Your rights under this agreement to any other person. We may transfer Our rights under this agreement where We reasonably believe that Your rights will not be affected.
    • This agreement together with Our privacy policy contains the whole agreement between us and supersedes any prior discussions, arrangements or agreement that might have taken place in relation to the terms of this agreement. No purchase order or any other document that purports to modify or supplement this agreement will add to or vary the terms of this agreement unless otherwise agreed to in writing by each party.
    • The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement and no third party will have any right to enforce or rely on any provision of these terms.
    • The illegality or invalidity of any part of this agreement shall not affect the legality or remainder of the rest of the Agreement.
    • Our failure to enforce any provision of this agreement does not constitute a waiver of that provision and will not affect Our right to enforce that or any other provision at a later date.
    • Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
    • Each party confirms it is acting on its own behalf and not for the benefit of any other person.
    • We will be an independent contractor and nothing in this Agreement shall render Us an employee, worker, agent or partner of Yours.
    • This agreement shall be governed by English law and all disputes arising under this agreement shall be subject to the exclusive jurisdiction of the English courts.
  3. WAIVER
    • A waiver of any right or remedy under this agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
    • A failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.
    • A party that waives a right or remedy provided under this agreement or by law in relation to one party, or takes or fails to take any action against that party, does not affect its rights in relation to any other party.
  4. NOTICES
    • Any notice given to a party under or in connection with this agreement shall be in writing and shall be delivered by email (to such email address as shall have been notified by the receiving party to the sender in accordance with the provisions of this clause) or by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case).
    • In this clause 15, “Business Day” shall mean any day from Monday to Friday inclusive but excluding UK bank holidays, and “Business Hours” shall mean the hours of 9am to 5pm on a Business Day.
    • Any notice shall be deemed to have been received:
      • if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address
      • if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service; and
      • if sent by email, on sending, save where the email is sent outside Business Hours in which case it shall be deemed to have been received at 9am on the next Business Day.
    • This clause does not apply to the service of any proceedings or any documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
  5. COUNTERPARTS
    • This agreement may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.
    • Transmission of an executed counterpart of this agreement (but for the avoidance of doubt not just a signature page) by email shall take effect as delivery of an executed counterpart of this Agreement.

 

 

Cancellation Notice

If you wish to cancel this Contract you MUST DO SO IN WRITING and deliver personally or send (which may be by electronic mail) this notice to the person named below and in accordance with clause 15.  You may use this form if you want to but you do not have to.

 

Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THIS CONTRACT

 

To:    ………………………………………………………………
(Name of Manager)

 

 

I hereby give notice that I wish to cancel my Contract

made on …………………………………. (insert date of Contract) with You.

 

Signature of Client                     ………………………………………………………………

(only if this form is notified on paper)

 

Date:                             ………..………………………….

 

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