TERMS AND CONDITIONS

CLEANER TERMS AND CONDITIONS

These Terms and Conditions are the standard terms that apply to the provision of cleaning services by CLEANINGTON LTD (“the Company”) to customers who require their homes to be cleaned on a regular basis. Please read them carefully and ensure that you understand and agree to them. If you have any questions, please contact us.

These Terms and Conditions apply where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.

Definitions and Interpretation

1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

Agreement

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];

Agreed Times

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];

Business

means any business, trade, craft or profession carried on by You or any other person or organization;

Cleaner

means Our employee who will be responsible for providing the Cleaning Services;

Cleaning Services

means the cleaning services We will provide as specified in the Agreement;

Consumer

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;

Deposit

means the deposit You may be required to pay in accordance with Clause 5;

Model Cancellation Form

means the model cancellation form attached as Schedule 2;

Monthly Fee

means the fee You are to pay for the Cleaning Services as specified in the Agreement;

Order

means Your initial request for Us to provide the Cleaning Services as set out in Clause 4;

Property

means Your home, as detailed in the Order and the Agreement, at which We are to provide the Cleaning Services;

Quotation

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;

Service Period

means a period of one month beginning on the Start Date and repeating until the Agreement is canceled or terminated;

Start Date

means the date You and We agree on for Us to start providing the Cleaning Services as specified in the Agreement;

Visit

means any occasion, scheduled or otherwise, on which the Cleaner visits the Property to provide the Cleaning Services;

We/Us/Our

means the Company and includes all employees, agents, and sub-contractors of the Company; and

You/Your

means a consumer who is a customer of the Company.

2. 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.

3. 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.

4. Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.

5. Each reference to a Schedule is a reference to a schedule to these Terms and Conditions.

6. The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.

7. Words signifying the singular number will include the plural and vice versa.

8. References to any gender will include any other gender.

9. References to persons, unless the context otherwise requires, include corporations.

Information About Us

1. We are a Limited Company.

2. We trade under the name Cleanington.

3. [We are registered in the United Kingdom under number 12016071.]

4. [Our registered office is at 16 High Holborn, WC1V 6BX, London.]

5. [Our main trading address is 16 High Holborn, WC1V 6BX, London.]

Communication and Contact Details

1. If You wish to contact Us with questions or complaints, You may contact Us by email at info@cleanington.co.uk.

2. 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:

Orders

1. We accept orders for Cleaning Services via online booking and might give you some assistance in doing so if you need it.

2. 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. [We will provide You with an online form containing prompts for all required information.] [All such details will be set out in the Agreement.]

3. Once the online form is complete and submitted We will send you an email confirmation of your booking. We collect payment details on our form in order to charge you for our service 24 hours after our service is completed, or 24 hours after short notice cancelation fee (see Clauses 5 and 6).

4. If We cannot accept your Order, We will inform you of this via e-mail, text message, or call.

5. You may make changes to the Order and Quotation before accepting it.

6. You may accept a Quotation stated on our online form by proceeding to the payment details page.

7. When (but not before) You have finalized our online form, and receive our confirmation email, a legally binding contract between You and Us will be created for Us to provide the Cleaning Services and for You to pay for them.

8. If you wish to change your Order after accepting the Quotation, please Contact Us and We will tell you whether or not the change can be accommodated, along with any changes to the fees payable as a result. If we cannot accommodate the changes or the changes to the fees or other matters are not acceptable to you, you may cancel in accordance with Clause 11 and/or 12.

Deposit for Office Cleaning service

1. At the time of accepting the Quotation or not more than 3 days thereafter, depending on the nature of the work, You may be required to pay Us a Deposit. The Deposit will be 100% of the monthly fee. We will not confirm an Order until the Deposit is paid in full.

2. We will repay the Deposit to You in full or in part on termination of the Agreement. We will repay the Deposit in full unless any invoices remain unpaid in which case the unpaid amount will be retained from the Deposit.

Fees and Payment

1. All services (excluding Carpet Cleaning service) are charged on an hourly basis.

2. We will calculate the price according to the following factors:

property size
condition of the property
the time that will take to finalize our service at our cleaning standard
How regular you need the service done.

3. There is a minimum of 2 hours per cleaning visit.

4. The service Fee is exclusive of VAT. If the rate of VAT applies, We will add the amount of VAT that You must pay.

5. We will invoice You at the end of each Service Period for the Cleaning Services provided during that Service Period.

6. We will deduct the amount of each invoice only 24 hours after it is sent to you, from the card details you provided while filling up our online form.

7. The Client agrees to and authorizes the company to charge his debit/credit card with any outstanding amounts owed to the company.

8. All payments are processed via Stripe.

9. You will ensure that the Cleaner can access the Property at the Agreed Times to provide the Cleaning Services. Failure to do so, including but not limited to providing keys that don’t work, will result in a charge of 100% of the estimated price fee, independently if we do the job or not.

10. If for some reason we can’t charge you the service amount from your card, we will try again in the future. If we are unable to receive your payment again we might call you to update your payment details. 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 is made in full. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.

11. If The company is forced to refer the Client’s account for collection to the third party then extra costs may be added to the outstanding amount by the debt collecting company.

12. If You have promptly contacted Us to dispute an invoice in good faith, We may not charge interest while such a dispute is ongoing.

Cleaning Services

1. 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).

2. 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.

3. We will use reasonable endeavors to ensure that You are always assigned the same Cleaner. If a particular Cleaner is unavailable We will inform You of any change prior to a Visit.

4. 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.

5. We will ensure that We comply with all relevant codes of practice.

6. We use our own cleaning products and clothes but would consider using yours upon your request via email, text message, or on the note section while filing up your online form in accordance with sub-clause 8.7. We use our own equipment but might use your hoover and mop if you provide them to us in accordance with sub-Clause 8.3.

7. Under no circumstances will the Cleaner move heavy furniture or other items in order to provide the Cleaning Services.

8. 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 judgment, may be damaged as a result of cleaning.

9. If You require kitchen cupboards, fridges, or freezers to be cleaned internally You must empty them prior to the Visit on which they are to be cleaned.

10. We will properly dispose of all waste that results from the provision of the Cleaning Services in your bin area.

11. 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

1. You will ensure that the Cleaner can access the Property at the Agreed Times to provide the Cleaning Services.

2. 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.

3. If you provide any equipment (hoover or Mop) you must ensure that all equipment is in good and safe working order. We will not be responsible for the Cleaner’s inability to provide the Cleaning Services effectively where the equipment is not available or in.

4. If You do not provide the required access to the Property or make it impossible for Us to provide the Cleaning Services by failing to comply with any other provision in this Clause 8, We may invoice you for any additional charges incurred as a result.

5. You must ensure that the Cleaner has access to electrical outlets and a supply of hot and cold running water.

6. 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 canceled Visits provided if such notice is given. If less than 48 hours notice is given We will invoice You at 100% of the estimated price fee.

7. If you wish to cancel your general cleaning service you may do it using our client portal up to 48 hours before your appointment.

8. If you provide your own cleaning products, we don’t accept any liability for damage resulted from their use and can’t warranty our cleaning standard.

Problems with Our Service

1. If there is a problem with the result of the Cleaning Services, i.e. they have not been provided with reasonable care and skill, You are entitled to ask Us to fix the service within 24 hours, or to get a price reduction if we are unable to fix it.

2. We always use reasonable efforts to ensure that Our provision of the Cleaning Services is trouble-free. If, however, there is a problem with the Cleaning Services We request that You inform Us as soon as it is reasonably possible up to 24 hours. We will use reasonable efforts to remedy problems with the Cleaning Services as quickly as is reasonably possible and practical.

3. We will not charge You for remedying problems under Clause 9 where the problems have been caused by Us. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by You, We may charge You for remedial work.

4. As a consumer, You have certain legal rights with respect to the purchase of goods or services. For full details of your legal rights and guidance on exercising them, it is recommended that You contact your local Citizens Advice Bureau or Trading Standards Office.

5. If We do not perform the Cleaning Services with reasonable skill and care, You have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You, You may have a reduction in price;

Complaints and Feedback

1. We always welcome feedback from Our customers and, while We always use all reasonable endeavors 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.

2. If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:

By email, addressed to Sara Ceroula/ Managing Director, info@cleanington.co.uk;
In writing, addressed to Cleanington Ltd, 16 High Holborn, London, WC1V 6BX

Cancellation of Agreement During the Cooling Off Period for Office Cleaning Service

1. 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.

2. 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 to the postal address or email address specified in these Terms and Conditions). You may use the Model Cancellation Form, but You do not have to.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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 the 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 Monthly 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 14 days and in any event no later than 14 calendar days after You inform Us of Your wish to cancel.

8. Clause 12 applies to termination of the Agreement after the 14 calendar day cooling off period has elapsed and/or where it does not apply.

Termination for Office Cleaning Service

1. In addition to Your rights in Clause 11 relating to the cooling-off period, You may terminate the Agreement at any time by giving Us at least 1 month written notice.

2. 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 14 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 cannot accommodate a change requested by You or You do not accept the change in the fees charged by Us to accommodate such a change;
We are unable to provide the Cleaning Services due to an event outside of Our control (see Clause 14);
We wish to change these Terms and Conditions to Your material disadvantage.

3. 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.

4. After the Start Date, We may terminate the Agreement at any time by giving You at least 1 month’s written notice.

5. 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
You have breached the Agreement in any material way and have failed to remedy that breach within 1 month of Us asking You in writing to do so; or
You do not provide Us with access to the Property and We have been unable to contact You to re-arrange the Cleaning Services under sub-Clause 8.4;
We have been unable to provide the Cleaning Services for more than 6 weeks due to an event outside of Our control (see Clause 14).

6. 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 a material no regard will be had to whether it was caused by any accident, mishap, mistake, or misunderstanding.

Effects of Termination for Office Cleaning Service

1. If the Agreement is terminated for any reason the provisions of this Clause 13 will apply.

2. 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 may, however, deduct from such a refund (or charge You) reasonable compensation for the net costs We will incur as a result of your breaking the Agreement if We terminate it under sub-Clauses 12.5.1, 12.5.2, or 12.5.3
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.

3. 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.

4. Termination will not remove or reduce any right to damages or another remedy that either You or We may have in respect of any breach of the Agreement which exists at or before the date of termination.

Events Outside of Our Control (Force Majeure)

1. 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, road traffic, transport disruption, 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 another natural disaster, or any other event that is beyond Our reasonable control.

2. If any event described under this Clause 14 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 12).

Liability

1. We will not be responsible for any loss or damage that is not foreseeable.

2. We will maintain suitable and valid insurance including public liability insurance and Employers Insurance.

3. We provide Cleaning Services for domestic, private purposes and to business.

4. We will not be liable to You for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

5. We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Cleaning

6. 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.

7. The Customer will ensure that all valuables are stored away when work is provided and that the property is supervised by the customer or his representative at all times during the course of the work. The Company will not be responsible for the Costumers failure to comply with this obligation.

How We Use Your Personal Data (Data Protection)

1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.

2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from <>.

Other Important Terms

1. We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavors to inform You as soon as is reasonably possible of any such changes.

2. 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.

3. You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).

4. The Agreement is between You and Us. It is not intended to benefit any other person or a third party in any way and no such person or party will be entitled to enforce any provision of the

Regulations and Information

1. We are required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before You have accepted the Quotation and the Agreement has been signed) except where that information is already apparent from the context of the transaction. We have included the information itself either in the Agreement or Quotation for You to see, or We will make it available to You before the Agreement is signed and you accept the Quotation. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

2. As required by the Regulations:

all of the information described in sub-Clause 18.1; and
any other information which We give to You about the Cleaning Services, or about Us or Our business which you take into account when deciding to accept the Quotation and sign the Agreement, or when making any other decision about the Cleaning Services,

will be a part of the terms of Our contract with You as a Consumer.

Law and Jurisdiction

1. These Terms and Conditions, the Agreement, 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] [Northern Ireland] [Scotland].

2. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.

3. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Agreement, 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.

SCHEDULE 1

SERVICE AGREEMENT

THIS AGREEMENT is made the day of

BETWEEN:

<> [a company registered in <> under number <> whose registered office is at] OR [of] <> (“the Company”) and
<> of <> (“the Customer”)

BACKGROUND:

The Company provides cleaning services to consumer clients and has reasonable skills, knowledge, and expertise in that field.
The Customer wishes to engage the Company to provide the services specified below (“the Cleaning Services”).
The Company agrees to provide the Cleaning Services to the Customer, subject to the attached Terms and Conditions, and the terms of this Agreement.

IT IS AGREED as follows:

The Agreement

This Agreement incorporates the attached Terms and Conditions.
In this Agreement, words with initial capital letters have the same meaning as they have in the Terms and Conditions.
A legally binding contract between You and Us will be created when You and We sign this Agreement.
We confirm and You acknowledge that We have given or made available to You the following information (save for where such information is already apparent from the context of the transaction):
1. The main characteristics of the Cleaning Services;
2. Our identity and contact details;
3. The total price payable for the Cleaning Services including taxes or, if the Price cannot be calculated in advance, the manner in which it will be calculated;
4. The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Cleaning Services;
5. Our complaints handling policy;
6. The duration of this Agreement, where applicable, or if this Agreement is of indeterminate duration or is to be extended automatically, the conditions for terminating it.
As required by the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013:
all of the information described in Clause 4; and
any other information which We give to You about the Cleaning Services or about Us which You take into account when entering into this Agreement or when making any other decision about the Cleaning Services

will be part of the terms of Our contract with You as a Consumer.

The Cleaning Services

We will:
1. begin to provide the Cleaning Services on the Start Date of <>;
2. provide the Cleaning Services during the Agreed Times of <> or such other times as You and We may agree in writing;
3. provide the Cleaning Services at the Property located at <>;
4. perform the Cleaning Services in accordance with the specification referred to in Clause 2.2
5. The specification for the Cleaning Services is [as follows: <>] OR [attached].
You and We may agree in writing to vary the specification from time to time

Fees and Payment

You will pay a Monthly Fee of £<> for the Cleaning Services.
<>

Waiver of Cooling Off Period

By signing this Agreement You request Us to commence provision of the Cleaning Services immediately and not to wait for the 14 calendar day cooling-off period referred to in Clause 11 of the Terms and Conditions to expire.
You acknowledge that if You exercise the right to cancel You will be liable to pay Us for the Cleaning Services provided up until the point at which You inform Us of Your wish to cancel, as set out in Clause 11 of the Terms and Conditions.

SIGNED for and on behalf of the Company by:

__________________________________________________
Authorized Signature

Date: ____________

SIGNED by the Customer:

__________________________________________________
Signature

Date: ____________

SCHEDULE 2

MODEL CANCELLATION FORM

To: <>

I/We (delete as appropriate) hereby give notice that I/we (delete as appropriate) cancel my/our (delete as appropriate) contract for cleaning services dated << >>.

Name of consumer(s): << >>

Address of consumer(s): << >>

Signature of consumer(s): << >>

Date: