By agreeing to and accepting these terms and conditions of business, be aware you are entering into a legally binding contract; For avoidance of doubt or misinterpretation 12, 24 or 36 month’s service agreements are in place for the entirety of their agreed lifespan, they then become renewable at the end of their fixed term agreement. If, however by virtue of consistently PROVEN poor performance by the contractor, and if the contractor has been afforded at least three months prior written notice, expressly detailing what improvements needed to be achieved, either party is then at liberty to serve THREE months’ notice of cancellation in writing, without liquidated damages.
Notice may also be served by either party 3 months prior to the fixed term expiration date, without such notice being served, service agreements will thus continue thereafter as a ROLLING 12-month service agreement, 3 months’ notice will then need to be served in writing by either party prior to the rolling anniversary date to terminate their contractual agreement or alternatively payment in lieu of notice may be considered by the contractor, the amount due to the Contractor shall be in respect of liquidated damages and not penalty.
On execution of the agreement by the Client, the Contractor shall be entitled to full payment at the contractual rate for the agreed service period or until such notice would have expired without regards to the date of execution of the Contract or if prevented by the Client, their servants or agents. The amount due to the Contractor shall be in respect of liquidated damages and not penalty.
Temporary prevention of cleaning by the Client, their servants or agents, including all holiday closures, shall be considered as performance by the Contractor, and the sum due for the current period shall be paid as compensation for the time lost and not by way of penalty. Cancellation by the client with regards to any irregular or ad hoc type works will incur no cancellation charge if the contractor is given 72 hours prior notice, however if notice is between 72hrs and 48hrs it will incur a 50% charge, and if 24hrs or less notice is given, it will incur 100% charge of the quotation price, this shall be in respect of liquidated damages and not penalty.
Invoices will be submitted monthly and are payable within 30 days. If any instalment of the contract price shall not be paid within its due date, such discontinuation of service may occur, plus the whole of the remaining charges representing the residue of the contract period, including any period of notice to which the Contractor would have been entitled. The amount due to the Contractor shall be in respect of liquidated damages and not penalty.
The Contractor reserves the right to charge to your account weekly compound interest on late payments at 5% above the Bank of England base rate, plus any incurred legal fee(s) and administration fee(s) of £35 per debt recovery letter(s) posted and/or emailed.
This Agreement shall be suspended during any period when by reasons of war, riot, fire, strike, trade dispute or other cause beyond the Contractors control, the Contractor is unable to carry out the specified work.
Before the cleaning commences, the Client will arrange for easy access to the specified work area(s) to prevent unnecessary delay.
The Client shall provide, free of charge, all necessary light, hot water and other facilities, which may be required to enable the Contractor to carry out the work. The Client shall also provide, free of charge suitable, safe lockable storage for equipment and materials as the Contractor deems necessary to leave on the Clients premises for the execution of the Contract, and for a period of up to 30 days after termination of the said contract. The Client will indemnify the Contractor against theft or unauthorised usage by their staff, agents or visitors of materials or equipment’s from their site, if such an occurrence takes place the client will compensate the contractor for the replacement value of aforesaid items.
The Contractor shall not be considered liable in respect of any claim for loss, damages or un-worked hours unless the claim is made in writing within 5 days of any incident arising.
The Contractor is insured for its legal liability in respect of the Employer’s Liability, Public Liability, and Third Party Risks to a limit of indemnity current at date of quotation. The Client must ensure that the level of indemnity is commensurate with the Clients requirements.
If at any time during this Agreement there shall be any increase in the amount of wages, cost of wages (excluding any making or variation caused by social chapter implications), cost of materials, equipment and any other outgoings payable to the Contractor, then and in such cases the Contractor shall be at liberty to give the Clients four weeks’ prior notice in writing, If no counter objection notice is received by the contractor, prior to the end of the fourth week then the Client shall be deemed to have accepted the said increased charge(s) accordingly, and this Agreement shall be read and construed after the said last day, as if the increased charge(s) had been inserted in the original Service Agreement accepted by the client.
There shall be added to the Contract price the amount of value added tax that is due under the regulations in force at the date of the invoice.
It shall be assumed that if the Contractor receives no written complaint the services specified herein are giving satisfaction to the Client and are being performed efficiently. Should any complaint be necessary, wither as to the quality of the work or the conduct or non-attendance of the staff be made in writing within Seventy-two hours of its occurrence and upon receipt of any such complaint the Contractor will take all necessary steps to investigate and rectify the matter without extra expense to the Client. A complaint will only be considered as being made if delivered in writing to: 123 Newland Street, Witham, Essex CM8 1BE.
During this Agreement and for 24 weeks there after the Clients undertakes not to employ the services at their site of any persons whom during the term of this Agreement had been employed there by the contractor. If such action takes place (except if governed by TUPE) the company reserves the right to charge an introductory fee of £1,500 or 10% percent of the employee’s annual salary, whichever is the greater amount. This shall be in respect of liquidated damages and not penalty.
Governing law and Jurisdiction. This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with, the laws of England. Each Party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
Only signed written authority from the Contractors director can make any variations to these Terms and Conditions of Business.
Confidential Information and Industrial Property Rights – All drawings, documents, confidential records, computer software and other information supplied by the Company are supplied on the express understanding that copyright is reserved to the Company and that the Customer will not without written consent of the Company either give away, loan exhibit or sell any such drawings, documents, records, software or other information or extracts there from or copies thereof or use them in any way except in connection with the goods in respect of which they are issued. © Elite Cleaning Service Ltd 2023. All rights reserved.
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