PROVISION OF SERVICES

  • The Company will provide the Services in accordance with the Contract, including staff, equipment and cleaning materials, using reasonable skill and care.
  • All quotations are given by the Company following a request by the Customer and shall remain open to acceptance for a period of 30 days from this date.
  • The Customer must provide running hot water, electricity and sufficient light at the premises where the Services take place.

PRICE AND PAYMENT

  • The price of the Services (which includes VAT) will be the price indicated in the quote given. All excess services requested will be charged separately.
  • Topside Cleaning Ltd will submit invoices on a regular basis and all invoices are due for payment within the period specified on invoices, and if none, then, in the case of monthly contracts, within 28 days from the invoice date, 7 days for holiday properties and in the case of any one-off service or series of one-off services, a payment is due from the customer on receipt of the invoice (same day).
  • Any query concerning an invoice must be raised within 7 days of the date of issue and the Company will respond promptly.The Customer is not entitled to withhold any payment without the Company’s prior written consent.
  • Customer understands that any ‘late payments’ may be subject to additional charges.
  • The Company reserves the right to charge interest on invoices unpaid for more than 30 days at the rate of 8 % per annum above the Bank of England base rate from the due date until the actual date of payment and a flat rate £50 admin fee.
  • Payment can be made in cash or by card on completion of the service. Prices and payments are in GBP (£).
  • Payments made by cheque are to be made payable to Topside Cleaning Ltd. If paying by cheque, a cheque guarantee card is required, and the customer will be responsible for all bank and legal charges resulting from a dishonoured cheque.
  • The Customer agrees that any outstanding amount owed to Topside Cleaning Ltd can be charged from the debit/credit card the customer has provided at the time of the booking.

COMPANY’S OBLIGATIONS

  • The Company will not be liable for any failure in the performance of any of its obligations under the Contract caused by factors outside its control. Any such event will be notified as soon as possible and the Company will take all reasonable steps to overcome the problem and resume its obligations.
  • The Company will (as far as practicable) ensure that all its cleaners are known to it and/or references have been obtained.The objective of the Company is to ensure that its personnel are reliable, discreet and honest. The names of personnel working at the Site will be provided to the Customer on request.
  • The Company will take proper steps to ensure that its personnel working on the Site comply with the Customer’s security procedures and do not take bags other than small handbags onto the Site.
  • The Company will provide cleaning equipment for the Services and will keep the equipment in good working condition.

CUSTOMER’S OBLIGATIONS

  • The Customer will grant access for the Company’s personnel during the agreed working hours and will take reasonable steps to ensure that the Company’s personnel are not obstructed in their duties by any of the Customer’s personnel or other visitors to the Site.
  • The Customer will explain all alarm and security measures to the Company’s representatives at the start of the Contract and will notify any changes before they are put into effect. Any call-out charges or other costs arising due to activation of alarms will be to the Customer’s account even if an alarm is activated by the Company’s personnel.
  • The Customer will provide adequate and secure space at the Site for the storage of the Company’s equipment and materials if required.
  • The Customer will ensure that the Site is, and will during the Contract be, adequately lit and remain safe for work and that it will comply with all statutory requirements for the health and safety at work of the Company’s personnel. The Company may withdraw its personnel from the Site if the Company reasonably considers that they may be exposed to undue risk or danger.

LOSS/ DAMAGE TO PROPERTY

  • While the Company’s operatives make every effort not to break items, accidents do happen. Identical replacement is always attempted but not guaranteed.  For this reason, the Company requests that all irreplaceable items (whether monetarily or sentimentally valuable) be stored away and/or not cleaned by the Company’s operatives.
  • In the case of damage, the Company will repair the item at its cost. If the item cannot be repaired, the Company will rectify the problem by crediting the Customer with the item’s present actual cash value toward a like replacement from a Company’s source upon payment of the cleaning Services rendered.
  • The Company shall not be responsible for damage due to faulty and/or improper installation of any item. All surfaces (i.e. marble, granite etc.) are assumed sealed and ready to clean without causing harm.
  • No claims shall be entertained if the Customer has an outstanding balance aged more than 30 days.
  • Any attempt to commit insurance fraud or any use of false information to commit any type of fraud will be prosecuted to the fullest extent of the law together by the Company and the Insurance Provider(s). Monetary compensation as well as legal fees may incur.

CUSTOMER COMPLAINTS

  • Any complaint about the performance of the Contract must be made in writing or phone call to the Company within 3 working days of the occurrence and the Company will take all necessary action, without cost to the Customer, to investigate and (unless it reasonably considers that the complaint was not justified) take any necessary remedial action.
  • In the absence of complaint it will be assumed that the Customer is satisfied with the Company’s performance of the Contract.

SUSPENSION OF SERVICES

  • If the Customer does not pay us for the Services when the Customer is supposed to and still does not make payment within 3 days of the Company reminding the Customer that payment is due, this will entitle the Company to suspend its Services until the Customer has complied with its obligations. At least 3 days notice to suspend its Services will be given by the Company.

REFUNDS

  • A refund will be issued within 14 days if the Customer has cancelled the Services within the allowed time (24 hours) prior to the start of the scheduled cleaning visit and payment has already been collected by the Company.
  • A refund will be issued within 14 days if the Company’s personnel have not attended a scheduled cleaning visit, payment for which has already been collected by the Company.

CANCELLATION

  • You may terminate the contract within 14 days from the commencement of the Contract. If you have requested that the Services commence prior to the expiry of that cancellation period, you shall be due to pay us for Services provided prior to such cancellation.  You may cancel the Contract by submitting a cancellation notice in the form provided in Schedule Part 3 Cancellation Form.
  • For Customers ordering a one-off service, the Customer agrees to pay a cancellation fee of £50 if (1) less than [24] hours notice prior to the scheduled appointment is given; [and (2) the Company is unable to gain access to the Site, through no fault of the Company.
  • For Customers ordering repeated services, the Customer agrees to pay the full price of the services if (1) the Customer cancels or changes the date/time less than 24 hours prior to the scheduled appointment[; and (2) the Customer fails to provide access to the service premises, thus preventing the Company from carrying out the services.
  • If the Customer needs to change a scheduled cleaning visit, the Company will do its best to accommodate this. A minimum of 3 days notice prior to a scheduled appointment is required and any changes are subject to availability.

OR

  • Where such cancellation takes place more than or equal to [21] days prior to the date of the provision of the Services, the order payment shall be refunded. Where such cancellation takes place less than 7 days (inclusive) prior to the date of the provision of the Services, 50% of the order cost will be payable. 

 TERMINATION

  • For Customers ordering repeated services, either party may terminate the Contract by not less than 1 month notice to the other expiring not earlier than the end of the initial period.
  • We may terminate the Contract with immediate effect, by giving written notice to you, if you fail to pay any amount due under the Contract on the due date for payment.

LIABILITY

  • The Company shall not be liable under any circumstances for any loss, expense, damage, delay, costs or completion (whether direct, indirect or consequential) which may be suffered or incurred by the Customer arising from or in any way connected with a late arrival of Company’s operatives at the Customer’s address. The Company endeavours to be right on time on any visit but sometimes due to transport related and other problems which are beyond the Company’s control, the Company’s operatives may arrive with a delay or the cleaning visit may be re-scheduled.
  • The Company 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 Customer arising from or in any way connected with (1) a cleaning job not complete due to the lack of suitable/enough cleaning materials, lack of hot water or electricity, or equipment not in full working order; (2) a third party entering or present at the Customer’s premises during the cleaning process; (3) existing damage in the form of old stains/burns/spillages etc. which cannot be cleaned/removed completely by the cleaning operative using the Customer’s cleaning equipment and materials and in accordance with the industry standard cleaning methods as described in the Company’s method statements; and/or (4) any damages caused by faulty/not in full working order equipment or materials supplied by the Customer.
  • The Company 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 Customer arising from or in any way connected with the Company carrying out services for the Customer if the Customer has an outstanding amount aged 30 days or more from the date the payment was due.
  • Subject to Condition 13.5, our total liability to you in respect of all loss and damage arising under or in connection with the Contract, whether in contract, delict (including negligence, breach of statutory or other duty), or otherwise, shall in no circumstances exceed an amount equal to 110% of the price paid or payable (or would have been payable) by you for the Services relating to the Contract. Any claim in respect of the provision of the Services must be brought by you within 3 months from the date of completion of the Services.  We will not be liable to you in respect of any claims brought by you outside of such period.
  • We do not exclude or limit in any way our liability for (a) death or personal injury caused by our negligence or (b) fraud or fraudulent misrepresentation.

DATA PROTECTION

  • Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.