TERMS AND CONDITIONS
These Terms and Conditions apply where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.
- Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means the contract into which You and We will enter if You accept the Quotation. The Agreement will incorporate, and be subject to, these Terms and Conditions. Our standard form of Agreement is attached as Schedule 1;
means the times which You and We agree for the Cleaner to have access to the Property to provide the Cleaning Services as specified in the Agreement;
means any business, trade, craft or profession carried on by You or any other person/organisation;
means Our employee who will be responsible for providing the Cleaning Services;
means the cleaning services We will provide as specified in the Agreement;
means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Company who receives Cleaning Services for their personal use and for purposes wholly or mainly outside the purposes of any Business;
subject to the provisions of Clause 10, means a period of 28 days beginning on the Start Date during which You may not cancel the Agreement under Clause 11;
“Model Cancellation Form”
means the model cancellation form attached as Schedule 2;
means the fee You are to pay for the Cleaning Services as specified in the Agreement;
means Your initial request for Us to provide the Cleaning Services as set out in Clause 4;
means Your home, as detailed in the Order and the Agreement, at which We are to provide the Cleaning Services;
means the quotation We give to You in accordance with Clause 4 detailing the services We will provide to You and the fees We will charge;
means a period of one month beginning on the Start Date and repeating until the Agreement is cancelled or terminated;
means the date You and We agree on for Us to start providing the Cleaning Services as specified in the Agreement;
means any occasion, scheduled or otherwise, on which the Cleaner visits the Property to provide the Cleaning Services;
means the Company and includes all employees, agents and sub-contractors of the Company;
means a Consumer who is a customer of the Company.
- Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic communications whether sent by e-mail, text message, fax or other means.
- Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
- Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.
- Each reference to a Schedule is a reference to a schedule these Terms and Conditions.
- The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
- Words signifying the singular number will include the plural and vice versa.
- References to any gender will include the other gender.
- References to persons, unless the context otherwise requires, include corporations.
- Information about Us
- We are a private limited company.
- We are registered in England & Wales under number 08079632.
- Our registered office is at 262 Uxbridge Road, Pinner, Middlesex, HA5 4HS.
- Our main trading address is Unit 1 Wheatley Business Centre, Old London Rd, Wheatley OX33 1XW
- Our VAT number is GB 253484789
- We are a member of Domestic Cleaning Alliance
- Communication and Contact Details
- If You wish to contact Us with questions or complaints, You may contact Us by telephone at 01865 580879 / 07411 606609 or by email at firstname.lastname@example.org.
- In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting Us in writing You may use the following methods:
- contact Us by email at email@example.com; or
- contact Us by post at Private Cleaning Oxfordshire Ltd, Unit 1 Wheatley Business Centre, Old London Rd, Wheatley OX33 1XW.
- We accept orders for Cleaning Services through telephone, e-mail and the internet.
- When placing an Order You should set out, in detail, the Cleaning 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.
- Once the Order is complete and submitted We will prepare a Quotation and send it to You either by email or first class post. The Quotation will set out the required Fee (see Clause 6).
- You may make changes to the Order and Quotation before accepting it. You may accept the Quotation by telephone, email or first-class post.
- Fees and Payment
- We will calculate the Fee based on the following factors:
- The Fee is inclusive of VAT. If the rate of VAT changes We will adjust the amount of VAT that You must pay.
- We will invoice You at the end of each Service Period for the Cleaning Services provided during that Service Period.
- You must pay each invoice within 7 days of receiving it.
- We accept the following methods of payment:
- By BACS
- If You do not pay an invoice by the due date, We may charge You interest on the overdue sum at the rate of 8% above the base rate of The Bank of England from time to time until payment in full is made. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.
- If You have promptly contacted Us to dispute an invoice in good faith We will not charge interest while such a dispute is ongoing.
- Cleaning Services
- We will provide the Cleaning Services in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by agreement between You and Us from time to time).
- We will begin to provide the Cleaning Services on the Start Date and will continue to provide the Cleaning Services until the Agreement is terminated by You or Us in accordance with these Terms and Conditions.
- We will ensure that the Cleaning Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best practice in the cleaning market.
- We will ensure that We comply with all relevant codes of practice.
- Under no circumstances will the Cleaner move heavy furniture or other items in order to provide the Cleaning Services.
- Unless specifically agreed at the time of the Order, the Cleaner will not clean any items which appear to be antique or fragile or which, in the Cleaner’s reasonable judgement, may be damaged as a result of cleaning.
- If cleaning work beyond the normal remit of the Cleaning Services is required (to clean up a serious spillage, for example) We will first obtain Your consent to perform such work and will add the costs of such work to the invoice for the Service Period in which the work takes place.
- Your Obligations
- You will ensure that the Cleaner can access the Property at the Agreed Times to provide the Cleaning Services.
- You may either give the Cleaner a set of keys to the Property or be present at the Agreed Times to give the Cleaner access. We promise that all keys will be kept safely and securely by Cleaners.
- You must ensure that the Cleaner has access to electrical outlets and a supply of hot and cold running water.
- You must give Us at least 48 hours’ notice if You do not require the Cleaner to provide the Cleaning Services on a particular day or at a particular time. We will not invoice for cancelled Visits provided such notice is given. If less than 48 hours’ notice is given We will invoice You at the normal rate.
- Complaints and Feedback
- We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
- All complaints are handled in accordance with Our complaints handling policy and procedure, available from Kremana Tsvetkova.
- If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
- In writing, addressed to Mrs Kremena Tsvetkova, Managing Director Unit 1 Wheatley Business Centre, Old London Rd, Wheatley OX33 1XW;
- By email, addressed to Mrs Kremena Tsvetkova, Managing Director, firstname.lastname@example.org;
- By contacting Us by telephone on 01865 580879 OR 07411 606609.
- Cancellation of Agreement During the Cooling Off Period
- Where the Agreement is not made “on Our premises”, You have a statutory right to a “cooling off” period. This period begins once the contract between You and Us is formed and ends at the end of 14 calendar days after that date.
- If You wish to cancel the Agreement within the cooling off period You should inform Us immediately by a clear statement (e.g. a letter sent by post, fax or email to the postal address, fax number or email address specified in these Terms and Conditions). You may use the Model Cancellation Form, but You do not have to.
- To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.
- If You exercise the right to cancel You will receive a full refund of any amount paid to the Us in respect of the contract.
- We will refund money using the same method used to make the payment, unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund.
- We will process the refund due to You as a result of a cancellation without undue delay and, in any case, within the period of 14 days after the day on which We are informed of the cancellation.
- If the Start Date falls within the cooling off period You must make an express request for provision of the Cleaning Services to begin within the 14 calendar day cooling off period. This request forms a normal part of the ordering process. By making such a request You acknowledge and agree to the following:
- If You cancel the Agreement after provision of the Cleaning Services has begun You will be required to pay for the Cleaning Services supplied up until the point at which You inform Us of Your wish to cancel;
- The amount due will be a fair proportion of the Fee. Any sums that have already been paid for the Cleaning Services will be refunded subject to deductions calculated on this basis;
- We will process any refund within 7 calendar days and in any event no later than 14 calendar days after You inform Us of Your wish to cancel.
- Clause 11 applies to termination of the Agreement after the 14 calendar day cooling off period has elapsed.
- In addition to Your rights in Clause 10 relating to the cooling off period, You may terminate the Agreement at any time after the Initial Period by giving Us at least 14 days written notice.
- You may terminate the Agreement with immediate effect by giving Us written notice if:
- We have breached the Agreement in any material way and have failed to remedy that breach within 7 days of You asking Us in writing to do so;
- We enter into liquidation or have an administrator or receiver appointed over Our assets;
- We are unable to provide the Cleaning Services due to an event outside of Our control (see Clause 13);
- We wish to change these Terms and Conditions to Your material disadvantage.
- We may need to terminate the Agreement before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform You as soon as is reasonably possible.
- After the Start Date and once the Initial Period has expired, We may terminate the Agreement at any time by giving You at least 14 days written notice.
- We may terminate the Agreement with immediate effect by giving You written notice if:
- You fail to make a payment on time as required under Clause 6 (this does not affect Our right to charge interest on overdue sums under sub-Clause 6.6);
- You have breached the Agreement in any material way and have failed to remedy that breach within 7 days of Us asking You in writing to do so; or
- We have been unable to provide the Cleaning Services for more than 2 weeks due to an event outside of Our control (see Clause 13).
- For the purposes of this Clause 11 a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
- Effects of Termination
- If the Agreement is terminated for any reason the provisions of this Clause 11 will apply.
- If at the termination date:
- You have made any payment to Us for any Cleaning Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice;
- We have provided Cleaning Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 6.
- Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.
- Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Agreement which exist at or before the date of termination.
- Events Outside of Our Control (Force Majeure)
- We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control .
- If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
- We will inform You as soon as is reasonably possible;
- Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
- We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Cleaning Services as necessary;
- You or We may terminate the Agreement (see Clause 11).
- We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
- You must report any breakages or damages to Us within 24-hours of the incident occurring. No responsibility or liability will be accepted for any reports logged after this time.
- We will maintain suitable and valid insurance including public liability insurance.
- Our total liability for any loss or damage caused as a result of our negligence or breach of these Terms and Conditions or the Agreement (or that of the Cleaner) is limited to £2 000 000
- We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us or the Cleaner.
- Nothing in these Terms and Conditions is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
- Nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.
- How We Use Your Personal Information (Data Protection)
- All personal information that We may collect (including, but not limited to, Your name and address) will be collected, used and held in accordance with the provisions of the General Data Protection Regulations and Your rights under that Act.
- We may use Your personal information to:
- provide the Cleaning Services to You;
- process Your payment for the Cleaning Services;
- inform You of new products and services available from Us. You may request that We stop sending You this information at any time.
- In certain circumstances (if, for example, You wish to pay for the Cleaning Services on credit), and with Your consent, We may pass Your personal information on to credit reference agencies. These agencies are also bound by the General Data Protection Regulations and should use and hold Your personal information accordingly.
- We will not pass on Your personal information to any other third parties.
- Other Important Terms
- We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.
- A copy of our Terms and Conditions are available on our website.
- We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).
- The Agreement is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement.
- If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.
- No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.
- Law and Jurisdiction
- These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
- As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
- Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.