Customer T&Cs (to be updated 28/02/17)

 

BACKGROUND:

These Terms and Conditions shall apply to the provision of Cleaning Services by (“the Company”) detailed in Schedule 1, an independent franchisee of Inspire Cleaning, Sully House, Clovelly Road Industrial Estate, Bideford, Devon EX39 3HN United Kingdom to Customers that require their homes cleaned on a regular contractual basis.

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: “Agreement” means the contract into which the Parties will enter on the Customer’s acceptance of the Quotation and of these Terms and Conditions which shall incorporate, and be subject to, these Terms and Conditions and which is attached hereto as Schedule 1; “Agreed Times” means the times which the Parties shall agree upon during which the Cleaner shall have access to the Property to render the Services as evidenced separately in Schedule 2; “Cleaner” means the contractor of the Company who shall be responsible for rendering the Services to the Customer; “Customer” means the individual that requires the Services subject to these Terms and Conditions and the Agreement; “Initial Period” means a Period of 30 days following commencement of the Services during which the Customer may not cancel in accordance with Clause 7 of these Terms and Conditions; “Service Fee” means the Fee payable by the Customer directly to Inspire Cleaning for the Services in accordance with Clause 3 of these Terms and Conditions; “Order” means the Customer’s initial request to acquire the Services from the Company as set out in Clause 2 of these Terms and Conditions; “Property” means the Customer’s home, as detailed in the Order and the Agreement, at which the Services are to be rendered; “Quotation” means a Quotation detailing proposed Fees and Services supplied to the Customer in accordance with Clause 2 of these Terms and Conditions; “Services” means the Cleaning Services provided by the Company as detailed in Clause 5 of these Terms and Conditions; “Service Period” means a Period of time in which a “Visit” is carried out by the Company on the date agreed for the Service, and repeated until the Agreement is cancelled or terminated in accordance with these Terms and Conditions. “Visit” means any occasion, scheduled or otherwise, on which the Cleaner shall Visit the Property to render the Services.

1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;

1.2.4  a Schedule is a schedule to these Terms and Conditions; and

1.2.5 a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule.

1.2.6 a “Party” or the “Parties” refer to the parties to the Agreement.

1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

1.4 Words imparting the singular number shall include the plural and vice versa.

1.5 References to any gender shall include the other gender.

2. Orders

2.1 The Company accepts orders for its Services through telephone, email and via its website.

2.2 When placing an Order the Customer shall set out, in detail, the Services required. Details required include the location and size of the Property, number and type of rooms which are to be cleaned, the frequency of Visits required and the type(s) of Cleaning required. The Company shall provide an order form to the Customer which shall provide prompts for all required information. All such details are set out in the Quotation.

2.3 Once the Order is complete and submitted the Company shall prepare and submit a Quotation to the Customer either by email or first class post which shall set out the required Service Fee in advance, detailed in Clauses 3 and 4 respectively.

2.4 The Customer shall be free to make changes to the Order and Quotation prior to acceptance. The Customer may accept the Quotation by telephone, email or first class post.

3. Service Fee

3.1 At the time of accepting the Quotation or not more than 7 days thereafter the Customer shall be required to pay a Service Fee to the Company for the following 28 day Period in advance.

3.2 A Service Fee of £5 Inclusive of VAT per month is payable directly to Inspire Cleaning for the duration on your Service, and repeated monthly until the Agreement is cancelled or terminated in accordance with these Terms and Conditions.

3.3 Orders shall not be deemed confirmed until the first Service Fee is paid in full.

4. Invoices and Payment

4.1 The Company shall invoice the Customer for the Services rendered during the Service Period agreed in Schedules 1 & 2 of this Agreement.

4.2 All invoices must be paid within payment terms stated in schedule 1

4.3 Any sums which remain unpaid following the expiry of the time Period set out in sub-Clause 4.2 shall incur interest on a daily basis at 3% above the base rate of Barclays Bank PLC from time to time until payment in full is made.

5. Services

5.1 The Services shall be rendered in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by mutual Agreement from time to time).

5.2 The Company shall use its best and reasonable endeavours to ensure that the same Cleaner is always assigned to the Customer.  If a particular Cleaner is unavailable the Company shall inform the Customer of any change prior to a Visit.

5.3 The Company shall ensure that the Services are rendered with reasonable 11.2 If any event described under this Clause 11 occurs that is likely to adversely care and skill and to a reasonable standard which is commensurate with best affect Our performance of any of Our obligations under this Agreement: practice in the cleaning market.

11.2.1 We will inform You as soon as is reasonably possible;

5.4  The Company shall ensure that it complies with any and all relevant codes

11.2.2  Our obligations under this Agreement will be suspended and any time of practice. limits that We are bound by will be extended accordingly;

5.5 All cleaning products and equipment shall be provided by the Company in

11.2.3 We will inform You when the event outside of Our control is over and accordance with sub-Clause 6.3.

provide details of any new dates, times or availability of Services as

5.6  Under no circumstances will the Cleaner move heavy furniture or other heavy necessary; items in order to render the Services.

11.2.4 If the event outside of Our control continues for more than 7 days We

5.7 Unless specifically agreed at the time of the Order, the Cleaner shall not clean will cancel this Agreement and inform You of the cancellation.  Any any items which appear to be antique or fragile or which, in the Cleaner’s sole refunds due to You as a result of that cancellation will be paid to You judgement, may be damaged as a result of Cleaning. as soon as is reasonably possible;

5.8 If the Customer requires kitchen cupboards, fridges or freezers to be cleaned 11.2.5 If an event outside of Our control occurs and You wish to cancel this internally, it shall be the Customer’s responsibility to empty prior to the Visit Agreement, You may do so in accordance with Your right to Cancel on which they are to be cleaned. under sub-Clause 12.2

5.9 The Company shall properly dispose of all waste that result from its rendering

12. Termination

of the Services. This obligation shall be exclusive of any additional waste disposal which forms a part of the Services.

12.1 The Company shall be entitled to terminate the Agreement in the event that:

5.10 Customers own waste will be disposed of at their designated waste point. 12.1.1 The Customer has failed to pay the Service Fee to Inspire Cleaning or any outstanding invoices due to the Company for a Period exceeding

5.11 If Cleaning work beyond the normal remit of the Services is required (to clean 30 consecutive days and fails or refuses to do so following the expiry

up a serious spillage, for example) the Company shall first obtain the Customer’s of a written notice from the Company requesting such payment consent to perform such work and shall add the costs of such work to the invoice within 7 days.

for the Visit in which the work takes place.

12.1.2 The Customer demands services which do not form part of the

6. Obligations Services and which are not covered by these Terms and Conditions or the Agreement.

6.1 The Customer shall ensure that the Cleaner can access the Property at the Agreed Times to render the Services.

12.2 The Customer shall be entitled to terminate this Agreement in the event that:

6.2 The Customer shall have the option of giving the Cleaner a set of keys to the

12.2.1 The Company fails on more than 3 consecutive occasions within a Period Property or being present at the Agreed Times to give the Cleaner access. The

of 1 month to render the Services to the Customer in a timely manner and Company warrants that all keys shall be kept safely and securely by Cleaners.

in accordance with these Terms and Conditions and the Agreement; or Keys are given out at the Customer’s own risk.

12.2.2 The Company provides inferior Services, damaging the Customer’s

6.3 The Company shall provide all appropriate Cleaning products and equipment

Property or the Premises and causing loss to the Customer. and shall ensure that all equipment is in good and safe working order.  The

12.3 Either Party has the right to terminate the Agreement immediately if the other:

Company shall not be responsible for the Cleaner’s inability to render the Services effectively where this results from non-availability of Cleaning products 12.3.1 has committed a material breach of these Terms and Conditions, unless or equipment requested to be used by the Customer’s own supply. such breach is capable of remedy, in which case the right to terminate

immediately will be exercisable if the other Party has failed to remedy

6.4 The Customer shall ensure that the Company has access to electrical outlets the breach within 7 days after a written notice to do so; or

and a supply of hot and cold running water.

12.3.2 goes into bankruptcy or liquidation either voluntary or compulsory (save

6.5 The Customer must give the Company at least 48 hours notice if the Cleaner will not be required to provide the Services on a particular day or at a for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.

particular time. The Company will not invoice for cancelled Visits provided such notice is given. If less than 48 hours notice is given the Company 12.4 In the event of termination for default committed by the Customer, all payments reserves the right to invoice the Customer at the normal rate. required under these Terms and Conditions and the Agreement shall become due and immediately payable.

6.6 In the unlikely event that you suspect a crime has been committed in your home by a Cleaner during a Visit you must report it to the police and notify 12.5 Any and all obligations of the Parties which either expressly or by their nature Inspire Cleaning immediately. The Company and Inspire Cleaning shall not continue beyond the termination, cancellation or expiration of the Agreement be held responsible or liable for any such loss. It is recommended you review shall survive termination under this Clause 11. your home insurance policy and ensure you are adequately covered in the

13. No Waiver

unlikely event of a crime, and that you are covered for tradesman working in your home.

No failure by either the Company or the Customer to enforce the performance of any provision in these Terms and Conditions or of the Agreement shall constitute a waiver

6.7 The Customer must inform the Company and Inspire Cleaning of any of the right to subsequently enforce that provision or any other provision of these Terms

change of details such as address, telephone number or email address.

and Conditions or of the Agreement. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.

7. Cancellation

7.1       The Customer may cancel Services at any time after the Initial Period by 14. Severance giving at least 7 days written notice to the Company. If any provision of these Terms and Conditions is held by any competent

authority to be invalid or unenforceable in whole or in part the validity of the

7.2       The notice to cancel shall take effect 7 days after written notice is received by other provisions of these Terms and Conditions and the remainder of the

the Company. The Customer shall receive the final invoice for that Service

provision in question shall not be affected thereby.

Period on the normal date and the normal payment provisions set out in

Clause 4 shall apply.

15. Law and Jurisdiction

15.1     These Terms and Conditions and the Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be

8. Liability

8.1             The Companies total liability for any loss or damage caused as a result of its governed by, and construed in accordance with, the laws of England and Wales.

negligence or breach of these Terms and Conditions or the Agreement (or that of the Cleaner) shall be limited to £100.00.

15.2 Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions or the Agreement (including any non-contractual

8.2             The Company is not liable for any loss or damage suffered by the Customer matters and obligations arising therefrom or associated therewith) shall fall

which results from the Customer’s failure to follow any instructions given by

within the jurisdiction of the courts of England and Wales.

the Company or the Cleaner.

8.3       Nothing in these Terms and Conditions shall limit or exclude the Companies 16. Non-Solicitation liability for death or personal injury.

You agree by entering this Agreement, that during all Service Periods and for a

8.4       Customers should review their own home and buildings insurance policy to Period of 12 months following termination of this Agreement, you will not, solely ensure they are adequately covered in the event of loss or damage by a or jointly with others: Cleaner working in their home. The Company and Inspire Cleaning shall not

(1) Hire, contract, or take away to be hired, your Cleaner/s supplied by the be held responsible or liable for any such loss or damage.

Company or independent Contractor of the Company or Inspire Cleaning;

(2) Solicit or encourage any employee or independent contractor of the Company or Inspire Cleaning to terminate business with or cease providing Services to Inspire

9. Data Protection

The Company will not share the Customer’s personal data with any third

Cleaning;

parties for any reason without the prior consent of the Customer.  Such data will only be collected, processed and held in accordance with the Companies

(3) Contact or solicit clients of the Company or Inspire Cleaning, unless expressly

authorised in writing by the Company or Inspire Cleaning;rights and obligations arising under the provisions and principles of the Data

Protection Act 1998.                (4) Induce or attempt to induce any Contractor, Employee, Cleaner, client, supplier, service provider or other business associate of the Company or Inspire Cleaning to

10. Notices

cease doing business with the Company or Inspire Cleaning or in any way interfere

10.1           All notices under these Terms and Conditions and the Agreement shall be in with the relationship between Inspire Cleaning and any of its clients, suppliers,

writing and be deemed duly given if signed by, or on behalf of, a duly authorised service providers or business associates; or officer of the Party giving the notice.

(5) Divulge to any person the names of any of the Companies or Inspire Cleaning’s

10.2           Notices shall be deemed to have been duly given: clients or business associates.

10.2.1          when delivered, if delivered by courier or other messenger (including In the event of breach of this clause the Company will seek compensation from registered mail) during normal business hours of the recipient; or

the Customer for total loss of income, equivalent to an average of twelve months

10.2.2          when sent, if transmitted by fax or e-mail and a successful charges and Fees on a pro rata basis. transmission report or return receipt is generated; or

17. Complaints

10.2.3          on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or We are committed to providing you with high standards of service. However,

if you have any reason to complain, you can do so by contacting The Company

10.2.4 on the tenth business day following mailing, if mailed by airmail,

or Inspire Cleaning by email, by post or by telephone.

postage prepaid.

10.2.5 in each case when addressed to the most recent address,

e-mail address, or facsimile number notified to the other Party.             Inspire Cleaning Franchises are owned and operated under licence from Inspire Cleaning Group. The Inspire Cleaning logo is a registered trademark of Inspire

11. Events Outside of Our Control (Force Majeure) Cleaning Group. Customer satisfaction guaranteed. For terms and conditions please refer to www.local.carpetwp:8080/terms.html for more details.

11.1     The Company will not be liable for any failure or delay in performing its obligations under this Agreement where that failure or delay results from any

Contact us: Inspire Cleaning Group, Sully House, Clovelly Road Industrial Estate, Bideford, Devon EX39 3HN.

cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil

Freephone: 0800 888 6655. Calls may be recorded.

unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, Email: info@local.carpetwp:8080  Web: www.local.carpetwp:8080 acts of war, governmental action, epidemic or other natural disaster, or any Facebook: www.facebook.com/inspirecleaning other event that is beyond Our reasonable control.

Twitter: www.twitter.com/inspirecleaning