Cleanwise standard T&Cs
Unless you have a specific contract signed with Cleanwise, this standard agreement for provision of services (T&Cs) and the following terms and conditions apply and replace any previous ones. Your approval of the quote, confirmation by email or text message, service delivery confirmation or invoice payment confirmation will be deemed a valid acceptance of this Contract between YOUR COMPANY (hereafter referred to as "Client") and CLEANWISE LTD (hereafter referred to as "Contractor").
The Client and Contractor hereby agree to the following standard terms:
Term and Notice
The Client can have many premises eventually added to this agreement maintained on a regular basis as per the commercial conditions agreed. Services can vary according to premises added; any changes and conditions will be agreed by email between Client and Contractor. The Client will give the Contractor access to the inside of the premises during hours required for the provision of the services. Services to be performed by the Contractor will be specified by email. Any changes, adjustments, amendments or requirements are considered valid if addressed to the other party at its Head Office by email and agreed upon. The engagement of the Contractor under this Agreement shall continue for five years upon acceptance of the quote or payment of the invoice, renewing automatically for equal periods, and/or until terminated by not less than six months’ notice addressed to the other party at its Head Office by email.
The Contractors charge will be invoiced at a monthly frequency, unless for one off jobs, ad-hoc services, annual services or as agreed by a specific contract where the invoices can be issued at different frequencies. Invoices are due in 30 days from invoice receipt by the Client unless otherwise agreed by any means to be paid in a shorter term. Any invoices remaining unpaid for more than 10 days after the above period will attract a charge of 3.5% per calendar month that will be added to the subsequently invoice and onwards, and may generate collection process and communications from third-parties. Should we need to invoice against a PO, the PO’s must be provided previously avoiding unnecessary lateness on the payments and additional charges.
The pricing of all contracts is based on the rates of wages, employment costs, mobilisation, maintenance, overheads and other outgoings at the date of the contract. Eventual TUPE costs are not considered and will be charged in the monthly invoice as a separate item, on the first few months of the contract. In the event of increases in wages and other costs referred to above, whether by reason of Government legislation or otherwise, the Contractor shall have the right to apply the increases automatically in April for contracts with pay rates aligned with National Minimum Wage or in some cases, in the publishing month for contracts with pay rates aligned to the Living Wage Foundation (www.livingwage.org.uk) which its anniversary matches the current increase month. Annual service charge increase (RPI recovery) shall be applied in full, automatically yearly in April according to the RPI (Retail Price Index * All Items change over last 12 months) as published in the official website: https://www.ons.gov.uk/economy/inflationandpriceindices in the previous February. Negotiations and adjustments of any other charges will be dealt by email and only applied following the Clients approval considering it is timely and appropriately during any remaining period of the Contract. If there is any change in the areas covered by the original quotation then the appropriate charge in payment shall be the subject of negotiation between the Client and the Contractor. We reserve the right to review the price of the contract with the Client on an annual basis should this be necessary and any change must be mutually agreed between the Client and the Contractor. There shall be added to the Contractor price the amount of value added tax that is due under the regulations in force at the date of the invoice. If at any time during the term of the Services Agreement any one or more of the services thereunder is reduced (representing more than 20% of any of the employee’s wages or triggering any redundancy costs), discontinued or terminated at the request of the client, we shall have the right to collect from and the client shall be obligated to pay, an amount equal to 100% of the actual and direct Liability (however arising or evidenced, whether by contract, custom, practice, procedure, employee benefit plan, social plan, applicable Law, or otherwise) incurred over any TUPE, Transferring and In-scope employees who provided the reduced, discontinued or terminated Services to the client, including without limitation payments of severance compensation, and/or other similar obligations resulting from, or payable at or after, the termination of any affected employee's employment, plus the actual and direct costs of cancelling or terminating contracts with third-parties, plus the actual and direct costs, expenses, write-downs, write-offs, or charges relating to the discontinued use of any assets, if any, used in connection with the provision of the reduced, discontinued or terminated Services.
The Contractor shall not be liable for failure to carry out work if prevented from so doing as a result of any trade dispute, strike, lockout or circumstances beyond the Contractors control. When access is denied for any reason, the work shall be deemed to have been done and full payment made to the Contractor in respect of such work. It shall be assumed that if no written complaint is received by the Contractor the services specified herein are giving satisfaction to the Client and are being performed efficiently. Should any complaint be necessary, either as to the quality of work or to the conduct or non-attendance of the staff or as to breakage of any article on the subscribers premises caused by our staff, it shall be made within 48 working hours of its occurrence and upon receipt of any such complaint the Contractor shall take all necessary steps to investigate and rectify the matter with no expense to the Client. Public Holidays are not considered working days, and if required to be worked, additional charge must be negotiated. Client to supply suitable lock up cupboard or space for our equipment and to assume responsibility for equipment/stores left on their site. The Contractor will be responsible for the behaviour and appearance of its staff and ensure that they are polite and courteous to the Client and his representatives at all times, any breach of this should be reported to us and we will investigate it immediately. As GDPR compliant company, we expect the same level of commitment from our clients, as well as in Quality, H&S and Environmental standards, Equality, Anti-Bribery and Anti-Slavery policies. The Contractor may assign, in whole or in part, this agreement or sub-contract any portion of it without the Client's prior written consent. Ad-Hoc services are available and will only be delivered and invoiced if required and agreed by email but can be turned into a “Planned Service” at any time upon client’s request. The Contractor shall not be entitled to any additional remuneration, compensation or payment other than as specifically provided in this Agreement. Any additional remuneration, compensation or payment other than specifically provided by this Agreement must be explicitly agreed in writing by the Client’s representative. Anything related to this contract should be dealt by email between the client’s representative(s) and the contractor’s company directors.
Governing Law and Jurisdiction
This agreement shall be governed and interpreted in accordance with the laws of England and Wales. Any dispute arising out of this agreement which cannot be amicably settled between the parties shall be settled by the Court of England and each party consents to the exclusive jurisdiction of such court.