The CLIENT agrees that any use of the services, including placing an order for services by telephone, email, website forms shall constitute the CLIENT’s acceptance of these Terms and Conditions.
DEFINITIONS
In these Terms of Business the following definitions apply:
“Assignment”: Means each period during which the Cleaning Operative is supplied to render services to a Client;
“Client Assignment Schedule”: means the Agreement;
“Client”: means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 to whom the Cleaning Operative is supplied;
“Employment Business” EDDIE MARLEY, 37 Churston Avenue, Plaistow, London, E13 0RJ. England;
“Engages/Engaged/Engagement”: means the engagement, employment or use of the Cleaning Operative directly by the Client or any third party or through any other employment business on a permanent or temporary basis, whether under a contract of service or for services; an agency, license, franchise or partnership arrangement; or any other engagement; directly or through a limited company of which the Cleaning Operative is an officer or employee;
“Relevant Period”: means the later of either 14 weeks from the first day on which the Cleaning Operative was supplied by the Employment Business to work for the Client, or 8 weeks from the day after the Cleaning Operative was last supplied by the Employment Business to the Client;
“Remuneration”: includes base salary or fees, guaranteed payable to or receivable by the Cleaning Operative for services rendered to or on behalf of the Client or any third party.
“Cleaning Operative”: means the individual who is introduced by the Employment Business to render cleaning services to the Client;
1.2 The terms of the Agreement shall be deemed to be accepted by the Client with effect from the date of an Introduction. Unless terminated in accordance with Clause 12 below, the Agreement shall remain in force indefinitely or for such period as specified in the Client Assignment Schedule.
1.3 The Employment Business shall provide the Cleaning Operative to the Client to undertake the Services as specified in the Client Assignment Schedule.
1.4 The Regulations apply to the Agreement unless the Cleaning Operative is to be supplied to the Client via a Service Provider and both the Service Provider and the Cleaning Operative have exercised their right to opt out of the Regulations. The Employment Business shall notify the Client promptly of such opts out and if practicable such notification shall be given prior to the commencement of an Assignment.
1.5 The headings contained in these Terms are for convenience only and do not affect their interpretation.
1.6 The Employment Business shall be entitled to deduct by way of set-off any loss that has been caused to the Employment Business as a result of the Client’s breach of the Agreement.
THE CONTRACT
2.1 These Terms constitute the contract between the Employment Business and the Client for the supply of the Cleaning Operative’s services by the Employment Business to the Client and are deemed to be accepted by the Client by virtue of its request for, Engagement of the Cleaning Operative or the passing of any information about the Cleaning Operative to any third party.
2.2 The Employment Business shall use its reasonable endeavours to ensure that the Cleaning Operative is suitable to carry out the Services with reasonable skill and care and in this regard has made all reasonable enquiries of the Cleaning Operative regarding suitability and competence.
2.3 It is for the Client to satisfy itself as to the Cleaning Operative’s overall capability to fulfil the Agreement during the first week of the Assignment.
2.4 These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by a director of the Employment Business, these Terms prevail over any terms of business or purchase conditions put forward by the Client.
2.5 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Employment Business and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
CHARGES
3.1 The Client agrees to pay such hourly/daily/weekly charges of the Employment Business as shall be notified to and agreed with the Client in the Client Assignment Schedule. The charges are calculated according to the number of hours/days/week worked by the Cleaning Operative and comprise mainly the Cleaning Operative’s pay but also include the Employment Business’ commission calculated as a percentage of the Cleaning Operative’s pay, and any travel, hotel or other expenses as may have been agreed with the Client or, if there is no such agreement, such expenses as are reasonable. VAT, if applicable, is payable on the entirety of these charges.
ONE-TIME CHARGES
3.2 Unless otherwise agreed in writing by The Employment Business, the account is rendered for immediate payment on the completion of the work. The Client must make payment by cash before the cleaner/cleaning team leaves the Client’s premises.
3.3 If card payment or online bank transfer is agreed with the client, it is to be arranged no later than a day before the day of the cleaning. The service provider reserves the right to cancel an appointment in the failure of receiving the card details or online bank transfer in advance.
ON-GOING CHARGES
3.4 The charges are invoiced to the Client on completion of the assignment and are payable within 21 days of the invoice date. The Employment Business will exercise its right to claim statutory interest at 8 per cent over the current Bank of England base rate, as well as claiming compensation for the recovery of costs, both guaranteed by the Late Payment of Commercial Debts (Interest) Act 1998, if money owed is not received by the agreed date and under the agreed credit terms. Interest will be applied from the due date until the date of payment.
3.5 There are no rebates payables in respect of the charges of the Employment Business.
3.6 The Client agrees to indemnify the Employment Business against all costs and expenses incurred in recovering monies due to the Employment Business by the Client in any event.
3.7 The Client shall endorse the timesheet pertaining to each Assignment on a weekly basis. The Client shall be solely responsible to ensure that all timesheets are accurate and properly endorsed by the Client’ authorised representative and shall be deemed conclusive acceptance of the services provided by the Cleaning Operative and the Employment Business may exclusively rely on the timesheets when determining the Remuneration and fee due to the Employment Business.
3.8 Should the Client dispute all or part of an invoice, the undisputed part shall be paid without prejudice to the provisions for the accrual of interest on unpaid invoiced amounts in accordance with condition 3.2 above.
3.9 The endorsement of each timesheet by the Client’s authorised representative shall constitute an acceptance of the Services provided and shall be payable without reference to any other services provided or due to be provided by the Employment Business.
3.10 The Client hereby waives all and any future claims and rights of set-off against any payment for Services provided or any payment due under this agreement and agrees to pay the fees due to the Employment Business and all other amounts regardless of any equity, set off or cross-claim on the part of the Client against the Employment Business.
3.11 The Employment Business reserves its right to vary its charges for services. The amended charge rate shall be effective upon the Client being given 30 days written notice stating the cause and manner of calculation of the new charge.
CONFIDENTIALITY
4.1 Except to the extent permitted by law, neither party shall divulge nor use for their own nor do any other person’s benefit any Confidential Information.
INTELLECTUAL PROPERTY RIGHTS
5.1 All Intellectual Property Rights and any other proprietary rights whatsoever in any documentation and other material created by the Cleaning Operative in connection with the performance of the Services shall vest in the Client.
INFORMATION TO BE PROVIDED
6.1 When making an Introduction of a Cleaning Operative to the Client, the Employment Business shall inform the Client of the identity of the Cleaning Operative; that the Cleaning Operative has the necessary or required skills and experience, required to work in the Assignment; whether the Cleaning Operative will be employed by the Employment Business under a PAYE contract or a contract for services; and that the Cleaning Operative is willing to work in the Assignment.
6.2 Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the [third] business day (excluding Saturday, Sunday and any public or Bank holiday) following, save where the Cleaning Operative is being Introduced for an Assignment in the same position as one in which the Cleaning Operative had previously been supplied within the previous five business days and such information has already been given to the Client, unless the Client requests that the information be resubmitted.
TIME SHEETS
7.1 At the end of each week or month of an Assignment (or at the end of the Assignment where it is for a period of one week or less) the Client shall sign the Employment Business’ time sheet verifying the number of hours/days/weeks worked by the Cleaning Operative during that period.
7.2 Signature of the time sheet by the Client is confirmation of the period worked. If the Client is unable to sign a timesheet produced for authentication by the Cleaning Operative because the Client disputes the time claimed, the Client shall inform the Employment Business as soon as is reasonably practicable and shall cooperate fully and in a timely fashion with the Employment Business to enable the Employment Business to establish what time, if any, has been worked by the Cleaning Operative. Failure to sign the timesheet does not absolve the Client’s obligation to pay the charges in respect of the time worked.
7.3 The Client shall not be entitled to decline to sign a timesheet on the basis that he is dissatisfied with the work performed by the Cleaning Operative. In cases of unsuitable work, the Client should apply the provisions of clause 13.2 below.
PAYMENT OF THE CLEANING OPERATIVE
8.1 The Employment Business assumes responsibility for paying the Cleaning Operative, and where appropriate, for the deduction and payment of National Insurance Contributions and PAYE Income Tax applicable to the Cleaning Operative pursuant to sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003.
LIABILITY
11.1 Whilst every effort is made by the Employment Business to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Cleaning Operatives and further to provide them in accordance with the Client’s booking details, the Employment Business is not liable for any loss, expense, damage or delay arising from any failure to provide any Cleaning Operative for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Cleaning Operative. For the avoidance of doubt, the Employment Business does not exclude liability for death or personal injury arising from its own negligence.
11.2 Cleaning Operatives supplied by the Employment Business are engaged under contracts for services. They are not the employees of the Employment Business but are deemed to be under the supervision, direction and control of the Client from the time they report to take up duties and for the duration of the Assignment. The Client agrees to be responsible for all acts, errors or omissions of the Cleaning Operative, whether wilful, negligent or otherwise as though the Cleaning Operative was on the payroll of the Client. The Client will also comply in all respects with all statutes including, for the avoidance of doubt, the Working Time Regulations, Health and Safety At Work Act etc, by-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the Client’s own staff (excluding the matters specifically mentioned in Clause 8 above), including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Cleaning Operative during all Assignments.
11.3 The Client shall advise the Employment Business of any special health and safety matters about which the Employment Business is required to inform the Cleaning Operative and about any requirements imposed by law or by any professional body, which must be satisfied if the Cleaning Operative is to fill the Assignment.
11.4 The Client will assist the Employment Business in complying with the Employment Business’ duties under the Working Time Regulations by supplying any relevant information about the Assignment requested by the Employment Business and the Client will not do anything to cause the Employment Business to be in breach of its obligations under these Regulations. Where the Client requires or may require the services of a Cleaning Operative for more than 48 hours in any week, the Client must notify the Employment Business of this requirement before the commencement of that week.
11.5 The Client undertakes that it knows of no reason why it would be detrimental to the interests of the Cleaning Operative to undertake the Assignment.
11.6 The Client shall indemnify and keep indemnified the Employment Business against any costs, claims or liabilities incurred by the Employment Business arising out of any Assignment or arising out of any non-compliance with clauses 11.1 and 11 and/or as a result of any breach of these Terms by the Client.
SPECIAL SITUATIONS
12.1 Where the Cleaning Operative is required by law, or any professional body to have any qualifications or authorisations to work on the Assignment or the Assignments, the Employment Business will take all reasonably practicable steps to obtain and offer to provide to the Client:
Copies of any relevant qualifications or authorisations of the Cleaning Operative, and:
Two references from persons not related to the Cleaning Operative who has agreed that the references they provide may be disclosed to the Client and has taken all reasonably practicable steps to confirm that the Cleaning Operative is suitable for the Assignment. If the Employment Business is unable to do any of the above it shall inform the Client of the steps it has taken to obtain this information in any event.
TERMINATION
13.1 This Agreement shall have an effect on and from the Effective Date and shall continue in force thereafter.
13.2 The Client undertakes to supervise the Cleaning Operative sufficiently to ensure the Client’s satisfaction with the Cleaning Operative’s standards of workmanship. If the Client reasonably considers that the services of the Cleaning Operative are unsatisfactory, the Client may terminate the Assignment either by instructing the Cleaning Operative to leave the Assignment immediately or by directing the Employment Business to remove the Cleaning Operative. The Employment Business may, in such circumstances, reduce or cancel the charges for the time worked by that Cleaning Operative, provided that the Assignment terminates:
13.2.1 Within four hours of the Cleaning Operative commencing the Assignment where the booking is for more than seven hours; or
13.2.2 within two hours for bookings of seven hours or less;
13.2.3 And also provided that notification of the unsuitability of the Cleaning Operative is confirmed in writing to the Employment Business within 48 hours of the termination of the Assignment.
13.3 Without limitation the Client may by notice in writing immediately terminate an Assignment if the Employment Business shall:
13.3.1 be in breach of any of the terms of this Agreement which, in the case of a breach capable of remedy, shall not have been remedied by the Employment Business within 30 days of receipt by the Employment Business of written notice from the Client specifying the breach and requiring its remedy;
13.3.2 be grossly incompetent, guilty of gross misconduct and/or any serious or persistent negligence in the provision of Services;
13.3.3 fail or refuse after written warning to provide the Services reasonably required.
13.4 The Client may not terminate the Assignment solely for the reason of the Cleaning Operative absence due to illness or injury unless such illness or injury prevents the Cleaning Operative from providing services pursuant to this Agreement to the Client for a consecutive period of one whole week (i.e. 5 working days) or for an aggregate period of two weeks (i.e. 10 working days) in any period of 12 calendar months.
13.5 Either party is entitled to terminate the agreement immediately in the event that the other party ceases to trade or has a receiver appointed, or is insolvent or appoints or has an administrator appointed.
13.6 If the Cleaning Operative is not required to perform services for the Client during the termination notice period the Client shall pay the Employment Business as though the Cleaning Operative was providing services for 40 hours per week during the notice period.
13.7 The Client or the Employment Business may terminate an Assignment at any time with prior written notice as agreed in the Client Schedule Agreement and without liability.
13.8 The Client shall notify the Employment Business immediately and without delay and in any event within 24 hours if the Cleaning Operative fails to attend work or notifies the Client that the Cleaning Operative is unable to attend work for any reason.
13.9 The Employment Business shall notify the Client immediately if it receives or otherwise obtains information which gives it reasonable grounds to believe that a Cleaning Operative supplied to the Client is unsuitable for the Assignment and in those circumstances either the Client or the Employment Business may terminate the Assignment without prior notice and without liability.
NOTICES
14.1 Any notice required to be given under these Terms, or in connection with the matters contemplated by these Terms, shall (except where specifically provided otherwise) be in writing and personally delivered, sent by pre-paid first-class post or by fax. Such notice shall be deemed to have been given on delivery at the relevant address or, if sent by first class pre-paid post, two business days (that is, any day which is not a Saturday, Sunday or public holiday in the place at or to which the notice is left or sent) after the date of posting, or if sent by fax, when despatched, subject to confirmation of uninterrupted transmission by a transmission report.
OUR GUARANTEE
15.1 The Employment Business has built its business and reputation by providing its clients with the best possible cleaning service available. Still, we realize that because its operatives are human beings, they sometimes make mistakes. For this reason, we offer you 48 hours guaranteed. If the Client is not satisfied with the cleaning standard of certain areas after the cleaning, The Employment Business operatives will come back to the Client’s home and re-clean those areas free of charge.
LAW
16.1 These Terms are governed by and shall be construed in accordance with the laws of England and Wales. The parties hereby submit any dispute (including non-contractual disputes) or matter in relation to these Terms to the exclusive jurisdiction of the English Courts.
eddiemarley.com 