Terms And Conditions

The aim of our Terms And Conditions is to provide an easy-to-understand term that allows us to work with our commercial clients.  We believe our Terms Conditions to be fair whilst offering both ourselves and our commercial clients legal protections if something does not go to plan.

As a service business we are dependent on repeat business from our commercial clients, as well as referrals too.  Wherever we can, we will often go that extra mile to put the smallest things right to ensure our standards remain high and our reputation remains in good standing within the commercial window cleaning sector.

Active from April 2021.

1.0 DEFINITIONS AND INTERPRETATION

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

“Agreement”    means the agreement entered into by the Service Provider and the Client incorporating these Terms and Conditions (or variation thereof agreed upon by both Parties) which shall govern provision of the Services;

“Business Day”    means, any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business in London, England;

“Client”    means the party procuring the Services from the Service Provider who shall be identified in the Agreement;

“Commencement Date”    means the date on which provision of the Services will commence, as defined in the Agreement;

“Confidential Information”    means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with the Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);

“Fees”    means any and all sums due under the Agreement from the Client to the Service Provider, as specified in the Agreement;

“Services”    means the services to be provided by the Service Provider to the Client in accordance with Clause 2 of the Agreement, as fully defined in the Agreement, and subject to the terms and conditions of the Agreement; and

“Term”    means the term of the Agreement as defined therein.

1.2    Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1    “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

1.2.2    a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

1.2.3    “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time;

1.2.4    a Clause or paragraph is a reference to a Clause of these Terms and Conditions or to a Clause of the Agreement, as appropriate; and

1.2.5    a “Party” or the “Parties” refer to the parties to the Agreement.

1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

1.4 Words imparting the singular number shall include the plural and vice versa.

1.5 References to any gender shall include the other gender.

1.6 References to persons shall include corporations.

1.7. “Accessible” means “parts of the property accessible from the ground” and “parts of the property accessible by us using tools and or equipment we currently own or carry”;

1.8 “Inaccessible” means “parts of the property not accessible safely from the ground” and “parts of the property only accessible by us using tools and or equipment we currently own or carry”;

1.9 “Unaccessable” means “parts of the property that are not accessible for us to reach from the ground without the hire of access lifts and,  cranes, boom arms” and “parts of the property only accessible by the use of other safety equipment”;

2. PROVISIONS OF THE SERVICES

2.1    With effect from the Commencement Date, the Service Provider shall, throughout the Term of the Agreement, provide the Services to the Client.

2.2    The Service Provider shall provide the Services with reasonable skill and care, commensurate with prevailing standards in the reputation management sector in the United Kingdom.

2.3    The Service Provider shall act in accordance with all reasonable instructions given to it by the Client provided such instructions are compatible with the specification of Services provided in the Agreement.

2.4    The Service Provider shall be responsible for ensuring that it complies with all statutes, regulations, bye-laws, standards, codes of conduct and any other rules relevant to the provision of the Services.

2.5    The Service Provider may, in relation to certain specified matters related to the Services, act on the Client’s behalf.  Such matters shall not be set out in the Agreement but shall be agreed between the Parties as they arise from time to time.

2.6    The Service Provider shall use all reasonable endeavours to accommodate any reasonable changes in the services that may be requested by the Client, subject to the Client’s acceptance of any related reasonable changes to the fees that may be due as a result of such changes.

3. Client’s Obligations

3.1    The Client shall use all reasonable endeavours to provide all pertinent information to the Service Provider that is necessary for the Service Provider’s provision of the Services.

3.2    The Client may, from time to time, issue reasonable instructions to the Service Provider in relation to the Service Provider’s provision of the Services.  Any such instructions should be compatible with the specification of the Services provided in the Agreement.

3.3    In the event that the Service Provider requires the decision, approval, consent or any other communication from the Client in order to continue with the provision of the Services or any part thereof at any time, the Client shall provide the same in a reasonable and timely manner.

3.4    If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, it shall be the Client’s responsibility to obtain the same in advance of the provision of the Services (or the relevant part thereof).

3.5    If the nature of the Services requires that the Service Provider has access to the Client’s home or any other location, access to which is lawfully controlled by the Client, the Client shall ensure that the Service Provider has access to the same at the times to be agreed between the Service Provider and the Client as required.

3.6    Any delay in the provision of the services resulting from the Client’s failure or delay in complying with any of the provisions of Clause 3 of the Agreement shall not be the responsibility or fault of the Service Provider.

4. FEES, PAYMENTS AND RECORDS

4.1    The Client shall pay the Fees to the Service Provider in accordance with the provisions of the Agreement.

4.2    The Service Provider shall invoice the Client for Fees due in accordance with the provisions of the Agreement.

4.3    All payments required to be made pursuant to the Agreement by either Party shall be made 7 Business Days of receipt by that Party of the relevant invoice.

4.4   All payments required to be made pursuant to the Agreement by either Party shall be made in pounds sterling in cleared funds to such bank in the United Kingdom as the receiving Party may from time to time nominate, without any setoff, withholding or deduction except such amount (if any) of tax as that Party is required to deduct or withhold by law.

4.5    Where any payment pursuant to the Agreement is required to be made on a day that is not a Business Day, it may be made on the next following Business Day.

4.6     Without prejudice to subClause 9.4.1 of the Agreement, any sums which remain unpaid following the expiry of the period set out in subClause 4.3 of the Agreement shall incur interest and costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended, from time to time until payment is made in full of any such outstanding sums.

4.7    Each Party shall:

    4.7.1    keep, or procure that there are kept, such records and books of account as are necessary to enable the amount of any sums payable pursuant to the Agreement to be accurately calculated;

    4.7.2    at the reasonable request of the other Party, allow that Party or its agent to inspect those records and books of account and, to the extent that they relate to the calculation of those sums, to take copies of them;

4.8    Where the Client is a person, partnership, licenced body or otherwise regulated according to the Solicitors Regulation Authority, all instructions that are accepted, are accepted on the basis that they are made directly by you, and are not instructions issued by you on behalf of your Client which is to say that You are responsible for settling our fees by the due date, in accordance with Clause 4.3 and shall do so promptly, regardless of whether you hold Client money, and should you not hold Client money, you will undertake to make payments from your business funds.

5. LIABILITY, INDEMNITY AND INSURANCE

5.1 The Service Provider shall ensure that it has in place at all times suitable and valid insurance that shall include public liability insurance.

5.2 In the event that the Service Provider fails to perform the Services with reasonable care and skill it shall carry out any and all necessary remedial action at no additional cost to the Client.

5.3 The Service Provider’s total liability for any loss or damage caused as a result of its negligence or breach of the Agreement shall be limited to the sum defined therein.

5.4 The Service Provider shall not be liable for any loss or damage suffered by the Client that results from the Client’s failure to follow any instructions given by the Service Provider.

5.5 Nothing in these Terms and Conditions nor in the Agreement shall limit or exclude the Service Provider’s liability for death or personal injury.

5.6 Subject to sub-Clause 5.3 of the Agreement the Service Provider shall indemnify the Client against any costs, liability, damages, loss, claims or proceedings arising out of the Service Provider’s breach of the Agreement.

5.7 The Client shall indemnify the Service Provider against any costs, liability, damages, loss, claims or proceedings arising from loss or damage to any equipment (including that belonging to any third parties appointed by the Service Provider) caused by the Client or its agents or employees.

5.8 Neither Party shall be liable to the other or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of that Party’s obligations if the delay or failure is due to any cause beyond that Party’s reasonable control.

6. GUARANTEE

6.1 The Service Provider shall guarantee that the product of all services provided will be free from any and all defects upon final completion.  Should the client notice anything that causes concern we offer a 24-hour service guarantee.

6.2 If any defects in the product of the Services appear during the guarantee period set out in the Agreement the Service Provider shall rectify any and all such defects at no cost to the Client.

7. CONFIDENTIALITY

7.1 Each Party undertakes that, except as provided by sub-Clause 7.2 of the Agreement or as authorised in writing by the other Party, it shall, at all times during the continuance of the Agreement and [for 2 years] after its termination:

    7.1.1 keep confidential all Confidential Information;

    7.1.2 not disclose any Confidential Information to any other party;

    7.1.3 not use any Confidential Information for any purpose other than as contemplated by and subject to the terms of the Agreement;

    7.1.4 not make any copies of, record in any way or part with possession of any Confidential Information; and

    7.1.5 ensure that none of its directors, officers, employees, agents, sub-contractors or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-Clauses 7.1.1 to

    7.1.4 of the Agreement.

7.2 Either Party may:

    7.2.1 disclose any Confidential Information to:

        7.2.1.1 any sub-contractor or supplier of that Party;

        7.2.1.2 any governmental or other authority or regulatory body; or

        7.2.1.3 any employee or officer of that Party or of the aforementioned persons, parties or bodies;
to such extent only as is necessary for the purposes contemplated by the Agreement (including, but not limited to, the provision of the Services), or as required by law. In each case that Party shall first inform the person, party or body in question that the Confidential Information is confidential and (except where the disclosure is to any such body under sub-Clause 7.2.1.2 or any employee or officer of any such body) obtaining and submitting to the other Party a written confidentiality undertaking from the party in question. Such undertaking should be as nearly as practicable in the terms of Clause 7 of the Agreement, to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made; and

7.2.2 use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is at the date of the Agreement, or at any time after that date becomes, public knowledge through no fault of that Party. In making such use or disclosure, that party must not disclose any part of the Confidential Information that is not public knowledge.

7.3 The provisions of Clause 7 of the Agreement shall continue in force in accordance with their terms, notwithstanding the termination of the Agreement for any reason.

8. Force Majeure

7.3 The provisions of Clause 7 of the Agreement shall continue in force in accordance with their terms, notwithstanding the termination of the Agreement for any reason.

VULNERABILITY POLICY

As a service provider we recognise the following;

  • The welfare of any vulnrable person is paramount.
  • All children, regardless of age, disability, gender, racial heritage, religious belief, sexual orientation or identity, have the right to equal protection from all types of harm or abuse.

  • Organisations such as nurseries, schools, college campuses,  university campuses and adult care homes may require our management, supervisors and operatives to all undergo a background check.