Terms & Conditions – Domestic Cleaning Services

Terms & Conditions – Domestic Cleaning Services

1. DEFINITIONS

1. “CE” means Cleaning Express Services Limited (registered in England and Wales, Registration Number 09612809) trading as Cleaning Express;

2. “Cleaner” means the natural or legal person carrying out cleaning services on behalf of CE;

3. “Client” means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 2006 to whom the cleaning services are supplied by CE;

4. “Service” means the ordinary Service that CE and the Client contracted for. That can be regular domestic cleaning, a one-off deep cleaning, a one-off end of tenancy cleaning or after builders cleaning;

5. “Notice” means any written notice sent to and by CE whether by email, text message or post to notify of changes in the contract or to raise a complaint.

2. CE AND THE CLIENT

1. CE strives to match the requested needs of the Clients when introducing a Cleaner for day, time and type of work that is required;

2. CE will introduce within a one-week period a new Cleaner as a replacement if the originally introduced Cleaner is not available due to illness or any other reason. All efforts will be made to ensure an immediate replacement is arranged;

3. Should the Client not be satisfied with the service, CE will introduce a new Cleaner where a minimum one-week notice is served by the Client. CE commits to provide replacement as soon as possible after the notice is received and a mutual understanding of the required quality and time is achieved;

4. CE will liaise with both the Cleaner and the Client to ensure that quality of work is maintained and time preferences (including cancellations) coordinated; there is no limit to the number of times a Client can contact CE and ask for advice or assistance;

5. The Client agrees that the price they have been quoted does not include anything apart from cleaning labour as detailed before signing up for CE’s services. Should the Client require any further services a discussion with CE is necessary and if additional services or cleaning materials are agreed upon, a new quote will be provided;

6. Estimates of time for completing a job are based on average time it takes to clean a property of similar size to that of the Client’s, and flexibility in relation to time is required on the Client’s part. It must be noted that one-off cleans may take longer to complete due to longer intervals between cleaning sessions, number and type of cleaning tasks required, when compared to the regular maintenance cleaning of the same property

7. CE does offer the following types of one-off cleaning services: deep clean, end of tenancy and after-builders clean. The conditions of conducting these services will depend on the selected type and payment and cancellation will take place according to the quote provided and the provisions of these Terms and Conditions as listed below.

8. Unless the Client explicitly withdraws permission in writing, our Cleaners and staff are allowed to take pictures or videos of the property as proof of performance. No person shall be on any of the photos or videos.

9. Minimum booking hours for a regular service is  3 hours (weekly) or 4 hours (fortnightly), for deep-cleaning, for end-of-tenancy or after-builders cleaning is 5 hours.

3. THE CLEANER AND THE CLIENT

1. Each Cleaner carries out the requested work for the Client during the agreed day and time;

2. Each Cleaner is to be paid by the Client according to a mutual agreement between CE and The Cleaner will discontinue Service if payment is not made on time;

3. The contracted Client agrees to pay the full price of the cleaning visit, if:

1. 1. The Client cancels or changes the date or time less than 24 hours prior to the scheduled appointment;

   2. The Client fails to provide access to the Service premises preventing CE to carry out the booked work;

   3. There is a problem with the Client’s keys and the Cleaners cannot let themselves in. If keys are provided they must open all locks without any special efforts or skills.

4. Cleaners may not empty rubbish bins unless requested to do so due to confidentiality and will not throw away any items left around, under, on top or besides the designated bins;

5. The Cleaners are not allowed to hand-wash any items of clothing belonging to the Client. CE advises that our Cleaners can only use a washing machine for such tasks;

6. The Cleaner will not lift any heavy furniture or work at height more than a regular domestic step-ladder with no more than three steps;

7. All fragile and highly breakable items must be secured or removed;

8. H. For end-of-tenancy cleans the property must be cleared of personal belongings. Any pets must be taken away and shall not be present at the property after the completion of the service. No heavy items of rubbish must be left at the premises. For after-builders cleans, the works must be finished at least 48 hours before the commencement of the cleaning session and there shall not be any workers still conducting building and repairs.

9. Return of keys after cancellation and settlement of account will be done by either the Cleaner during the last cleaning session, recorded delivery (free of charge and after Clients’ authorisation) or guaranteed delivery (payable by the Client).

10. Abusive, harassing or offensive behaviour is unacceptable, whether verbal, physical or visual. This includes any demeaning, insulting, embarrassing or intimidating behaviour directed at any cleaner or employee of Cleaning Express related to race, colour, gender, national origin, age, religious creed, physical or mental disability, marital status, pregnancy, sexual orientation, veteran status, citizenship or another characteristic protected by law. If any such behaviour or conduct is discovered, whether directly or indirectly by CE, the contract will be terminated with immediate effect and no refunds will be due.

11. The Cleaner is not allowed to work directly with the Client and they are under non-solicitation and non-circumvention obligations according to their contract with CE. If it is found that the Client or the Cleaner has approached each other with the intention of taking business away from CE, CE reserves the right to seek compensation for losses suffered as a result of the Cleaner and the Client circumventing CE. This will be enforce according to the provisions of Clause 5.8 below.

4. THE CLEANER AND CE

1. Each Cleaner is self-employed and flexible with their assignments. As self-employed, the Cleaner is responsible to pay any applicable taxes and relevant social contributions;

2. CE registers each Cleaner before introducing the Cleaner to the Client;

3. All Cleaners are fully vetted and trained by CE. Prior to starting work each Cleaner provides relevant documents including but not limited to passport, legal status confirmation and proof of address;

4. CE acts as an intermediary and as such it does not employ the Cleaners;

5. CE provides operational and technical assistance to each Cleaner;

6. CE has an agreement with each Cleaner it introduces that the latter will discontinue Service for the Client if CE does not receive its fee.

5. CE FEES, REFUNDS AND CANCELLATIONS

1. CE receives its fee from the Client as a weekly, fortnightly or monthly payment;
2. Clients can cancel the Service by giving CE one month’s notice in writing. The agency fee is payable during the notice period.
3. CE reserves the right to amend and increase prices and fees to reflect market conditions and cost of providing the service and appropriate notice will be served to the Client in due time;
4. CE reserves the right to cancel the contract if no cleaner can be allocated due to availability, wage paid by the Client, time of the day or day of the week. If no mutual consensus has been reached between CE and the Client or due to any other reason the service cannot be performed, CE reserves the right to terminate the contract with immediate effect. Any missed sessions preceding the termination date will be refunded to the Client.
5. Due to CE’s Guaranteed Satisfaction scheme, no refund claims will be entertained once the cleaning Service has been carried out. Cleaner’s wage must be paid by the Client regardless of their type of payment (either full payment or split payment), however a replacement will be arranged and the job redone up to the Client’s requirements;
6. Regular Cleaning Services:
   1. For regular cleaning CE will provide a full proportionate agency fee refund for missed sessions if the cleaner could not attend the session due to any personal circumstances and the client did not agree to a replacement offered to them by CE. This is subject to explicit Client’s request. No refunds will be made to cover sessions during the notice period and no refund requests for the agency fees will be entertained during the first month of service
   2. No refund will be made if missed sessions are due to the Client being on a holiday or away for whatever personal reason, as CE strives to provide consistent and regular service, this can be maintained during the Client’s time away or after this period is finished.
   3. For customers making full payment to us (agency fee + cleaner’s wage via Direct Debit) any refunds for missed sessions will be issued upon Client’s explicit request.
   4. All refunds must be claimed within 3 month-period after the due date of the pre-arranged cleaning session.
   5. The client must pay late cancellation/lock-out fee for canceling or rescheduling a visit with less than 24 hour notice for regular Clients. The fee constitutes the full price of the cleaning session. The same fee applies if the Cleaners are unable to gain access to the Client’s home, through no fault of CE or the Cleaner or if the condition of the property can be described as “extreme” (see Clause 6 below);
   6. Regular cleaning session will not be carried out if the condition of the property can be described as extreme, which could be excessively soiled, contaminated with animal or insect infestations or faeces, rotten food or hoarder properties. CE reserves the right to cancel the session and charge a full fee.
7. One-Off Cleaning Services:
   1. Refunds for any one-off cleaning sessions will not be granted, however a free re-cleaning session will be arranged to satisfy the Client’s requirements in accordance with clause 7.4 below. The appropriate claims must be made within a 72-hour period after the completion of the service.
   2. Satisfaction Guarantee for end-of-tenancy and after-builders cleaning sessions will not be applied if the client continues to live in the property after the session has been completed or any building work is being carried out after the completion of the Service and for a 72-hour period after that.
   3. For one-off cleaning sessions refund will be issued if a Cleaner does not attend a cleaning visit, payment for which has been already collected by CE;
   4. Should the Client have any complaints or comments as to the quality of the one-off cleaning service, CE strives to offer a re-clean session of the areas which need particular attention and deliver an excellent service to the Client. However, a re-cleaning session is conducted at the expense of CE and shall never be more than 50% of the length of the original one-off cleaning.
   5. There is a £50.00 late cancellation/lock-out fee for canceling or rescheduling a visit within less than 48 hour notice for one-off Clients. The same fee applies if the Cleaners are unable to gain access to the Client’s home, through no fault of CE or the Cleaner or if the condition of the property can be described as “extreme” (see Clause 7 below);
   6. Shall the Client book an After-Building Clean with Cleaning Express and any such cleaning gets rescheduled more than twice through no fault of Cleaning Express, the Client accepts and agrees to pay a delay charge of £20.00 for the rearranging of the After-Building Clean;
   7. The one-off session will not be carried out if the condition of the property can be described as extreme, which could be excessively soiled, contaminated with animal or insect infestations or faeces, rotten food or hoarder properties. CE reserves the right to cancel the session and charge a £50 cancellation fee.
8. Non-Circumvention:
   1. Generally, CE’s Cleaners are prohibited from bypassing CE to work directly with the Client. If the Client chooses to directly employ, either through legal means or on a cash basis, any individual currently employed or subcontracted by CE, or anyone who was employed or subcontracted by CE within the 12 months preceding such employment, the Client will be liable for an employment referral fee. This fee will be either:
      1. £900.00, or
      2. The equivalent of the total annual agency fee including VAT (total annual fee minus the cleaner’s wages)

whichever is higher.The Client commits to paying this fee, irrespective of whether they inform CE of their actions or if CE learns of this employment on its own at any point after it takes place. Additionally, the Client agrees to cover any collection or legal expenses that CE might incur in the process of collecting this fee.

2. This Clause 5.8 remains in effect and binding even after the termination of the agreement between the Client and CE. The provisions regarding the employment referral fee and associated liabilities will continue to apply for a period of 12 months post-termination of the agreement between the Client and CE.

9. Insurance:

1. CE has a comprehensive insurance policy in place covering damage to Client’s property, theft and Cleaners personal injury. CE’s public and product liability is £10m. All claims are subject to an excess of £500 payable by the Client. In case of an incident, Clients are advised to notify CE within 72 hours of incident so that CE is able to assist in resolving reported problems.
2. Any damage claims will be assessed and processed in accordance with Appendix I below.

6. PAYMENTS

1. CE’s fee can be paid by weekly, fortnightly or monthly direct debit, other payments to be specified upon mutual agreement between the Client and CE;

2. Should payment not be received as per these Terms, no further cleaning services will be provided until the outstanding invoice has been settled;

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

7. LIMITATION OF LIABILITY

1. Nothing excludes or limits CE’s liability for death or personal injury caused by our negligence, or for any matter which it would be illegal for CE to exclude or attempt to exclude its liability, or for fraud or fraudulent misrepresentation or due to a breach of the terms implied by Part II of the Supply of Goods and Services Act 1982

2. Subject to this, our total liability howsoever arising in connection with these Terms, the provision of the cleaning services or the agreement between Client and CE shall be limited to £10,000,000 and CE shall not be liable for any losses or claims for compensation which do not arise as a direct result of the provision of the cleaning services by CE to the Client. Corrections on the above terms and conditions can be made with the mutual agreement of CE and the Client; these can be sent to CE via email or post;

3. CE shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with a late arrival of CE Cleaners at the Service address. Cleaners endeavour to be right on time on any visit but sometimes due to transport-related and other problems which are beyond the CE’s control, Cleaner may arrive with a delay or the cleaning visit may be rescheduled;

4. CE shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation, whether direct, indirect or consequential, which may be suffered or incurred by the Client arising from or in any way connected with:

1. 1. A cleaning job not complete due to the lack of suitable equipment, lack of hot water or electricity, or equipment not in full working order;

   2. Third party entering or present at the Client’s premises during the cleaning process;

   3. An existing damage to Client’s property in the form of old stains/burns/spillages etc. which cannot be cleaned/removed completely by the Cleaner using the Client’s cleaning equipment and materials;

   4. Any damages caused by faulty or not in full working order equipment or materials supplied by the Client;

   5. If the Client has booked a carpet cleaning with us, we cannot be held liable if any stains and/or dents on the carpets cannot be removed in the course of the cleaning process. The Client understands and agrees that some stains cannot be removed completely and Cleaning Express does not have any responsibility to provide further cleaning or refunds in case any stains cannot be removed.

   6. Any damages worth £500.00 or less;

5. CE shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation, whether direct, indirect or consequential, which may be suffered or incurred by the Client arising from or in any way connected with CE carrying out services for the Client if the Client has an outstanding amount aged 30 days or more from the date the payment was due.

8. GENERAL

CE reserves the right to make any changes to any part of these Terms and Conditions without giving any prior notice. Whilst CE shall undertake reasonable endeavours to notify the Client, however the Client agrees to make themselves acquantained with any updates or changes in the text of these Terms.

9. THE LAW

This agreement shall be subject to the Laws of England and Wales and the parties submit to the jurisdiction of the Courts of England and Wales.

 

TRADEMARKS

The Cleaning Express name, logo, and all product names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of Cleaning Express. The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.

APPENDIX I

Damage Policy

1.Reporting damage

1. In the event of damage, this must be reported to Cleaning Express within 72 hours of the end of the pre-booked cleaning session. The Client must report damage by sending an email to info@cleaning-express.com or calling Customer Services Team on 0203 490 2262.

2. Due to insurance considerations, the Client must provide all relevant information about the damage and photographs as evidence where applicable.

3. Damage cases can initially be reported via email or phone. All following information must be submitted via email for clarity, and to ensure a written record of the communication.

4. Within 48 hours of the initial report, Cleaning Express must be provided with the full information requested. Without this further information, Cleaning Express may be limited in their ability to investigate and that may affect the form of compensation that can be offered.

5.  Cleaning Express shall not be liable for any damage due to faulty goods, ordinary ‘wear & tear’, or as a result of reasonable use of any cleaning equipment and products.

2. Compensation for damage

1. In order to verify the purchase of a replacement for a damaged item, a receipt or bank statement will need to be provided so the process of assessing compensation can be triggered.

2.  When determining fair compensation, Cleaning Express will consider any depreciation and any wear and tear into the offer of compensation.

3. Cleaning Express may offer compensation in the form of credit, repair, replacement or reimbursement. The form of compensation offered will be at Cleaning Express’ discretion, and will be determined by the results of our formal investigation.

4. Whilst every reasonable endeavour will be taken to compensate the Client for the damage suffered, it must be proved beyond doubt that the damage has indeed resulted from the Cleaner’s or any of the Cleaning Express’ sub-contractors or employees.

5. Mutual consent on the method of compensation shall be reached before any compensation is issued by Cleaning Express. If no such consent is present, Cleaning Express reserves the right to refuse compensation.

6. Insurance excess (£500) is payable by the client as per Clause 5.10 of these Terms and Conditions.

7. If the Client has been given a Satisfaction Form and that form has been completed and submitted to Cleaning Express, the service shall be deemed as performed up to standard and no damage claims will be entertained after the date of receipt of the Form.

8. Cleaning Express shall not be liable for any damages as provided in Clause 7 “Limitation of Liability” of these Terms and Conditions.