Terms and Conditions
Please read these Terms and Conditions carefully. All contracts that the Provider may enter into from time to time for any cleaning services shall be governed by these Terms and Conditions, and the Provider will ask the Customer for the Customer’s express written acceptance of these Terms and Conditions before providing any cleaning services to the Customer.
The terms and conditions may be used in respect of B2B and/or B2C contracts.
1.1 In these Terms and Conditions, except to the extent expressly provided otherwise:
“Business Day” means any weekday other than a bank or public holiday in England;
“Business Hours” means the hours of 08:00 to 18:00 GMT/BST on weekdays and 08:00 to 13:00 Saturday and Sunday;
“Charges” means the following amounts:
(a) the amounts specified in the domestic and/or commercial cleaning pages; otherwise given to the clients via email or phone call.
(b) such amounts as may be agreed in writing by the parties from time to time; and
(c) amounts calculated by multiplying the Provider’s standard time-based charging rates (as notified by the Provider to the Customer before the date of the Contract) by the time spent by the Provider’s personnel performing any Cleaning Services rounded down by the Provider to the nearest quarter hour;
(d) amounts added due to service add-ons agreed by the Provider and the customer before the cleaning service is provided.
“Contract” means a particular contract made under these Terms and Conditions between the Provider and the Customer;
“Customer” means the person or entity identified as such using our Services;
“Customer Premises” means any premises owned or controlled by the Customer at which the parties expressly or impliedly agree the personnel of the Provider shall provide cleaning services;
“Effective Date” means the date of execution of a Service incorporating these Terms and Conditions;
“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks, wars and pandemics;
“Minimum Term” means, in respect of the Contract, the period of 3 months beginning on the Effective Date OR the period specified by the Customer to the Provider or vice versa;
“Provider” means Katie Spurgeon OR Rest Ashore Cleaning, a company incorporated in England and Wales having its registered office at 1 Greenbank, Crowlas, Penzance, Cornwall, TR20 8DX established under the laws of England and Wales having its principal place of business at 1 Greenbank, Crowlas, Penzance, Cornwall, TR20 8DX;
“Services” means the domestic or commercial cleaning services specified in this website or any social media page under the name Rest Ashore Cleaning;
“Statement of Work” means a written statement of work agreed by or on behalf of each of the parties;
“Term” means the term of the Contract, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2; and
“Terms and Conditions” means all the documentation containing the provisions of the Contract, namely the main body of these Terms and Conditions, including any amendments to that documentation from time to time.
2.1 The Contract shall come into force upon the Effective Date.
2.2 The Contract shall continue in force indefinitely OR until:
(a) all the Services have been completed; and
(b) all the Charges have been paid in cleared funds,
upon which it will terminate automatically, subject to termination.
2.3 Unless the parties expressly agree otherwise in writing, creainge a distinct contract under these Terms and Conditions.
3.1 The Provider shall provide the Services to the Customer in accordance with these Terms and Conditions.
3.2 The Provider shall provide the Services with reasonable skill and care OR in accordance with the standards of skill and care reasonably expected from a leading service provider in the Cleaning industry.
3.3 If the Customer believes that any element of the Services does not meet the standard specified in Clause 3.2, then the Customer must promptly notify the Provider and allow the Provider to investigate the matter (including where applicable allowing the Provider to inspect the results of those Services) and, if those Services do not meet that standard, re-perform those Services.
4. Customer Premises
4.1 The Customer shall:
(a) promptly provide to the Provider such access to the Customer Premises as is reasonably required by the Provider for the provision of the Services;
(b) if the Customer is not a consumer, be responsible for ensuring the health and safety of the Provider’s personnel whilst they are at the Customer Premises;
4.2 If the Customer is not a consumer, then in the performance of the Services at the Customer Premises, the Provider shall comply with all reasonable health, safety and security rules, regulations and requirements advised by the Customer to the Provider.
4.3 The Provider shall use all reasonable measures to secure any keys, and any other means of access, supplied by the Customer to the Provider for the purpose of enabling the Provider’s personnel to enter and work at the Customer Premises.
5. Customer obligations
5.1 Save to the extent that the parties have agreed otherwise in writing, the Customer must provide to the Provider, or procure for the Provider, such:
(a) governmental, legal and regulatory licences, consents and permits, as are reasonably necessary to enable the Provider to perform its obligations under the Contract.
5.2 The Customer must provide to the Provider access to a water supply, a waste water disposal facility, a mains electricity supply and toilet facilities.
6.1 The Customer shall pay the Charges to the Provider in accordance with these Terms and Conditions.
6.2 If the Charges are based in whole or part upon the time spent by the Provider performing the Services, the Provider must obtain the Customer’s written consent before performing Services that result in any estimate of time-based Charges given to the Customer being exceeded or any budget for time-based Charges agreed by the parties being exceeded; and unless the Customer agrees otherwise in writing, the Customer shall not be liable to pay to the Provider any Charges in respect of Services performed in breach of this Clause 6.2.
6.3 All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated exclusive of any applicable value added taxes OR will be inclusive of any applicable value added taxes if Rest Ashore Cleaning becomes a ltd company, which will be added to those amounts and payable by the Customer to the Provider.
6.4 The Provider may elect to vary any element of the Charges by giving to the Customer not less than 30 days’ written notice of the variation expiring on any anniversary of the date of execution of the Contract, providing that no such variation shall result in an aggregate percentage increase in the relevant element of the Charges during the Term that exceeds 2% per annum over the percentage increase, during the same period, in the Retail Prices Index (all items) published by the UK Office for National Statistics.
7.1 The Provider shall issue invoices for the Charges to the Customer from time to time during the Term OR at any time after the relevant Services have been delivered to the Customer OR in advance of the delivery of the relevant Services to the Customer.
7.2 The Customer must pay the Charges to the Provider within the period of 30 days following the issue of an invoice in accordance with this Clause 7 OR the receipt of an invoice issued in accordance with this Clause 7.
7.3 The Customer must pay the Charges by cash or bank transfer (using such payment details as are notified by the Provider to the Customer from time to time).
7.4 If the Customer does not pay any amount properly due to the Provider under these Terms and Conditions, the Provider may:
(a) charge the Customer interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate from time to time (which interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month); or
(b) if the Customer is not a consumer, claim interest and statutory compensation from the Customer pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
8.1 The Provider warrants to the Customer that it has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions.
8.2 The Customer warrants to the Provider that it has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions.
9. Force Majeure Event
9.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under the Contract (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event.
9.2 A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under the Contract, must:
(a) promptly notify the other; and
(b) inform the other of the period for which it is estimated that such failure or delay will continue.
10.1 The Provider may terminate the Contract immediately by giving written notice to the Customer if:
(a) any amount due to be paid by the Customer to the Provider under the Contract is unpaid by the due date and remains unpaid upon the date that that written notice of termination is given; and
(b) the Provider has given to the Customer at least 30 days written notice, following the failure to pay, of its intention to terminate the Contract.
The Customer may terminate the Contract by giving to the Provider not less than 30 days written notice of termination, expiring at the end of any calendar month.
11. Effects of termination
11.1 Upon the termination of the Contract, all of the provisions of these Terms and Conditions shall cease to have effect.
12. Status of Provider
12.1 The Provider is not an employee of the Customer, but an independent contractor.
12.2 The termination of the Contract will not constitute unfair dismissal; nor will the Provider be entitled to any compensation payments, redundancy payments or similar payments upon the termination of the Contract.
13.1 Any notice given under these Terms and Conditions must be in writing, whether or not described as “written notice” in these Terms and Conditions.
13.2 Any notice from one party to the other party under these Terms and Conditions must be given by one of the following methods:
(a) delivered personally or sent by courier, in which case the notice shall be deemed to be received upon delivery; or
(b) sent by recorded signed-for post, in which case the notice shall be deemed to be received 2 Business Days following posting, providing that, if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin after the stated time.
13.3 The addressee and contact details may be updated from time to time by a party giving written notice of the update to the other party.
14.1 The Contract may not be varied except by a written document signed by or on behalf of each of the parties.
The Customer hereby agrees that the Provider may assign the Provider’s contractual rights and obligations under the Contract to any successor to all or a substantial part of the business of the Provider from time to time OR any third party, providing that, if the Customer is a consumer, such action does not serve to reduce the guarantees benefiting the Customer under the Contract. The Customer must not without the prior written consent of the Provider assign, transfer or otherwise deal with any of the Customer’s contractual rights or obligations under the Contract.
14.2 The Contract is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Contract are not subject to the consent of any third party.
14.3 The Contract shall be governed by and construed in accordance with English law.
STATEMENT OF WORK
1. Customer details
The Customer is (name) of (address) OR, (business name), a company incorporated in England and Wales, registration number (number), having its registered office (business address).
2. Minimum Term
3. Specification of Services
5. Financial provisions
By signing below the parties have indicated their acceptance of this Statement of Work together with the terms and conditions attached to this Statement of Work, the parties agree that this Statement of Work shall be governed by the terms and conditions most recently agreed by the parties in writing.
SIGNED BY (customer) on (date), the Provider on (date), duly authorised for and on behalf of the Provider.
SIGNED BY (Provider) on (date), the Customer on (date), duly authorised for and on behalf of the Customer.