CLEANER TERMS AND CONDITIONS (PRIVETE PROPERTY - HOUSE)
By placing an order either over the phone, e mail or web site, customer has verbal or written agreement, and is bound to Busy Bee domestic & commercial cleaning ltd Terms and Conditions
BACKGROUND:
These Terms and Conditions are the standard terms which apply to the provision of cleaning services by Busy Bee domestic & commercial cleaning ltd (“the Company”) to customers who require their homes to be cleaned on a regular basis. Please read them carefully and ensure that you understand and agree to them. If you have any questions, please contact us.
These Terms and Conditions apply where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.
1. 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 contract into which You and We will enter if You accept the Quotation. The Agreement will incorporate, and be subject to, these Terms and Conditions[. Our standard form of Agreement is attached as Schedule 1];
“Agreed Times” means the times which You and We agree for the Cleaner to have access to the Property to provide the Cleaning Services [as specified in the Agreement];
“Business” means any business, trade, craft or profession carried on by You or any other person or organisation;
“Cleaner” means Our contractor who will be responsible for providing the Cleaning Services and it will be paid directly by a Consumer;
“Cleaning Services” means the cleaning services We will provide as specified in the Agreement;
“Consumer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Company who receives Cleaning Services for their personal use and for purposes wholly or mainly outside the purposes of any Business;
“Deposit” means the deposit You may be required to pay in accordance with Clause 5;
“Model Cancellation Form” means the model cancellation form attached as Schedule 2;
“Monthly Fee” means the fee You are to pay for the Cleaning Services as specified in the Agreement;
“Order” means Your initial request for Us to provide the Cleaning Services as set out in Clause 4;
“Property” means Your home, as detailed in the Order and the Agreement, at which We are to provide the Cleaning Services;
“Quotation” means the quotation We give to You in accordance with Clause 4 detailing the services We will provide to You and the fees We will charge;
“Service Period” means a period of one month beginning on the Start Date and repeating until the Agreement is cancelled or terminated;
“Start Date” means the date You and We agree on for Us to start providing the Cleaning Services as specified in the Agreement;
“Visit” means any occasion, scheduled or otherwise, on which the Cleaner visits the Property to provide the Cleaning Services;
“We/Us/Our” means the Company and includes all employees, agents and sub-contractors of the Company; and
“You/Your” means a Consumer who is a customer of the Company.
1.2 Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic communications whether sent by e-mail, [text message,] fax or other means.
1.3 Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
1.4 Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.
1.5 Each reference to a Schedule is a reference to a schedule to these Terms and Conditions.
1.6 The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
1.7 Words signifying the singular number will include the plural and vice versa.
1.8 References to any gender will include any other gender.
1.9 References to persons, unless the context otherwise requires, include corporations.
2. Information about Us
2.1 We are a private limited company.
2.2 We trade under the name Busy Bee domestic & commercial cleaning ltd.
2.3 We are registered in England and Wales under number 11971744.
2.4 Our registered office is at Unit 22, SK house, Arthur Road, Windsor SL41SE
3. Communication and Contact Details
3.1 If You wish to contact Us with questions or complaints, You may contact Us by telephone at 07703008417 or by email at info@busybee.org.uk.
3.2 In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting Us in writing You may use the following methods:
3.2.1 contact Us by email at info@busybee.org.uk; or
3.2.2 contact Us by pre-paid post at Busy Bee domestic & commercial cleaning ltd , Unit 22, SK house, Arthur Road, Windsor SL41SE.
4. Orders
4.1 We accept orders for Cleaning Services via phone, email, web form.
4.2 When placing an Order You should set out, in detail, the Cleaning Services required. Details required include the location and size of the Property, number and type of rooms which are to be cleaned, the frequency of Visits required and the type(s) of cleaning required. We will provide You with an order form containing prompts for all required information. All such details will be set out in the Agreement.
4.3 Once the Order is complete and submitted We will prepare a Quotation and send it to You either by email or first class post. The Quotation will set out the required Deposit (if applicable) and Monthly Fee (see Clauses 5 and 6).
4.4 If We cannot accept your Order, We will inform you of this in writing.
4.5 You may make changes to the Order and Quotation before accepting it.
4.6 You may accept a Quotation by signing and dating a copy of it and returning it to Us within 7 calendar days after the date We issue the Quotation.
4.7 When (but not before) You have returned the Quotation, signed and dated, and You have paid the Deposit, a legally binding contract between You and Us will be created for Us to provide the Cleaning Services and for You to pay for them. We will then attach the signed Agreement and complete any blanks in the Agreement in accordance with the Quotation.
4.8 If you wish to change your Order after accepting the Quotation, please contact Us and We will tell you whether or not the change can be accommodated, along with any changes to the fees payable as a result. If we cannot accommodate the changes or the changes to the fees or other matters are not acceptable to you, you may cancel in accordance with Clause 11 and/or 12.
5. Deposit
5.1 At the time of accepting the Quotation or not more than 7 days thereafter, depending on the nature of the work, You may be required to pay Us a Deposit. The Deposit will be 50% of the quote. We will not confirm an Order until the Deposit is paid in full.
6. Fees and Payment
6.1 We will calculate the Monthly Fee based on the following factors:
6.1.1 Number of rooms
6.1.2 Services required
6.1.3 any personal requrments
6.2 We will invoice You at the end of each Service Period for the Cleaning Services provided during that Service Period.
6.3 You must pay each invoice within 7 Days of receiving it.
6.4 We accept the following methods of payment:
6.4.1 Bank transfer
6.5 If You do not pay an invoice by the due date We may charge You interest on the overdue sum at the rate of 8% above the base rate of Bank of England from time to time until payment is made in full. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.
6.6 If You have promptly contacted Us to dispute an invoice in good faith, We will not charge interest while such a dispute is ongoing.
7. Cleaning Services
7.1 We will provide the Cleaning Services in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by agreement between You and Us from time to time).
7.2 We will begin to provide the Cleaning Services on the Start Date and will continue to provide the Cleaning Services until the Agreement is terminated by You or Us in accordance with these Terms and Conditions.
7.3 We will use reasonable endeavours to ensure that You are always assigned the same Cleaner. If a particular Cleaner is unavailable We will inform You of any change prior to a Visit.
7.4 We will ensure that the Cleaning Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best practice in the cleaning market.
7.5 We will ensure that We comply with all relevant codes of practice.
7.6 You must supply all cleaning products and equipment in accordance with sub-Clause 8.3.
7.7 Under no circumstances will the Cleaner move heavy furniture or other items in order to provide the Cleaning Services.
7.8 Unless specifically agreed at the time of the Order, the Cleaner will not clean any items which appear to be antique or fragile or which, in the Cleaner’s reasonable judgement, may be damaged as a result of cleaning.
7.9 If You require kitchen cupboards, fridges or freezers to be cleaned internally You must empty them prior to the Visit on which they are to be cleaned.
7.10 We will properly dispose of all waste that results from provision of the Cleaning Services.
7.11 If cleaning work beyond the normal remit of the Cleaning Services is required (to clean up a serious spillage, for example) We will first obtain Your consent to perform such work and will add the costs of such work to the invoice for the Service Period in which the work takes place.
8. Your Obligations
8.1 You will ensure that the Cleaner can access the Property at the Agreed Times to provide the Cleaning Services
. 8.2 You may either give the Cleaner a set of keys to the Property or be present at the Agreed Times to give the Cleaner access. We promise that all keys will be kept safely and securely by Cleaners.
8.3 You must provide all appropriate cleaning products and equipment and ensure that all equipment is in good and safe working order. We will not be responsible for the Cleaner’s inability to provide the Cleaning Services effectively where cleaning products or equipment are not available.
8.4 If You do not provide the required access to the Property or make it impossible for Us to provide the Cleaning Services by failing to comply with any other provision in this Clause 8, and do not have a good reason for this, We may invoice you for any additional charges incurred as a result.
8.5 You must ensure that the Cleaner has access to electrical outlets and a supply of hot and cold running water.
8.6 You must give Us at least 24 hours notice if You do not require the Cleaner to provide the Cleaning Services on a particular day or at a particular time. We will not invoice for cancelled Visits provided such notice is given. If less than 24 hours notice is given We will invoice You at the normal rate.
9. Problems with Our Service
9.1 If there is a problem with the result of the Cleaning Services, i.e. they have not been provided with reasonable care and skill, You are entitled to ask Us to repeat or fix the service, or to get a price reduction if this is not possible.
9.2 We always use reasonable efforts to ensure that Our provision of the Cleaning Services is trouble-free. If, however, there is a problem with the Cleaning Services We request that You inform Us as soon as is reasonably possible. We will use reasonable efforts to remedy problems with the Cleaning Services as quickly as is reasonably possible and practical.
9.3 We will not charge You for remedying problems under this Clause 9 where the problems have been caused by Us. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by You, We may charge You for remedial work.
9.4 As a consumer, You have certain legal rights with respect to the purchase of goods or services. For full details of your legal rights and guidance on exercising them, it is recommended that You contact your local Citizens Advice Bureau or Trading Standards Office.
9.5 If We do not perform the Cleaning Services with reasonable skill and care, You have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You, You have the right to a reduction in price;
9.6 If the Cleaning Services are not performed in line with information that We have provided about them, You also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You (or if Our breach concerns information about Us that does not relate to the performance of the Cleaning Services), You have the right to a reduction in price.
9.7 If for any reason We are required to repeat the Cleaning Services in accordance with Your legal rights, We will not charge You for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full fees payable for the Visit(s) affected and, where You have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that You are entitled to the refund) and made via the same payment method originally used by You unless You request an alternative method.
10. Complaints and Feedback
10.1 We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
10.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from our website
10.3 If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
10.3.1 In writing, addressed to Busy Bee domestic & commercial cleaning ltd, Unit 22, SK house, Arthur Road, Windsor SL41SE;
10.3.2 By email, addressed to , info@busybee.org.uk;
10.3.3 By contacting Us by telephone on 07717443972
11. Cancellation of Agreement During the Cooling Off Period
11.1 Where the Agreement is not made “on Our premises”, You have a statutory right to a “cooling off” period. This period begins once the contract between You and Us is formed and ends at the end of 14 calendar days after that date.
11.2 If You wish to cancel the Agreement within the cooling off period You should inform Us immediately by a clear statement (e.g. a letter sent by post, email to the postal address, email address specified in these Terms and Conditions). You may use the Model Cancellation Form, but You do not have to.
11.3 To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.
11.4 If You exercise the right to cancel You will receive a full refund of any amount paid to the Us in respect of the contract.
11.5 We will refund money using the same method used to make the payment, unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund.
11.6 We will process the refund due to You as a result of a cancellation without undue delay and, in any case, within the period of 14 days after the day on which We are informed of the cancellation.
11.7 If the Start Date falls within the cooling off period You must make an express request for provision of the Cleaning Services to begin within the 14 calendar day cooling off period. [This request forms a normal part of the ordering process.] By making such a request You acknowledge and agree to the following:
11.7.1 If You cancel the Agreement after provision of the Cleaning Services has begun You will be required to pay for the Cleaning Services supplied up until the point at which You inform Us of Your wish to cancel;
11.7.2 The amount due will be a fair proportion of the Monthly Fee. Any sums that have already been paid for the Cleaning Services will be refunded subject to deductions calculated on this basis;
11.7.3 We will process any refund within 7 days and in any event no later than 14 calendar days after You inform Us of Your wish to cancel.
11.8 Clause 12 applies to termination of the Agreement after the 14 calendar day cooling off period has elapsed and/or where it does not apply.
12. Termination
12.1 In addition to Your rights in Clause 11 relating to the cooling off period, You may terminate the Agreement at any time by giving Us at least on month written notice.
12.2 You may terminate the Agreement with immediate effect by giving Us written notice if:
12.2.1 We have breached the Agreement in any material way and have failed to remedy that breach within 7 days or resonable period of time depens of the issue of You asking Us in writing to do so;
12.2.2 We enter into liquidation or have an administrator or receiver appointed over Our assets;
12.2.3 We cannot accommodate a change requested by You or You do not accept the change in the fees charged by Us to accommodate such a change;
12.2.4 We are unable to provide the Cleaning Services due to an event outside of Our control (see Clause 14);
12.2.5 We wish to change these Terms and Conditions to Your material disadvantage.
12.3 We may need to terminate the Agreement before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform You as soon as is reasonably possible.
12.3.1 For a period of twelve months after termination of this Agreement the Consumer cannot employ any Housekeeper previously introduced by the Company. The Company has the right to recover a full year's fees plus costs from any Client that employs a Company introduced Housekeeper without paying the Company fee.
12.4 After the Start Date, We may terminate the Agreement at any time by giving You at least 14 days written notice.
12.5 We may terminate the Agreement with immediate effect by giving You written notice if:
12.5.1 You fail to make a payment on time as required under Clause 6 (this does not affect Our right to charge interest on overdue sums under sub-Clause 6.6);
12.5.2 You have breached the Agreement in any material way and have failed to remedy that breach within 7 days of Us asking You in writing to do so; or
12.5.3 You do not provide Us with access to the Property and We have been unable to contact You to re-arrange the Cleaning Services under sub-Clause 8.4;
12.5.4 We have been unable to provide the Cleaning Services for more than one week due to an event outside of Our control (see Clause 14).
12.6 For the purposes of this Clause 11 a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
13. Effects of Termination
13.1 If the Agreement is terminated for any reason the provisions of this Clause 13 will apply.
13.2 If at the termination date:
13.2.1 You have made any payment to Us for any Cleaning Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice. We may, however, deduct from such a refund (or charge You) reasonable compensation for the net costs We will incur as a result of your breaking the Agreement if We terminate it under sub-Clauses 12.5.1, 12.5.2, or 12.5.3
13.2.2 We have provided Cleaning Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 6.
13.3 Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.
13.4 Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Agreement which exist at or before the date of termination.
14. Events Outside of Our Control (Force Majeure)
14.1 We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control .
14.2 If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
14.2.1 We will inform You as soon as is reasonably possible;
14.2.2 Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
14.2.3 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Cleaning Services as necessary;
14.2.4 You or We may terminate the Agreement (see Clause 12).
15. Liability
15.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
15.2 We will maintain suitable and valid insurance including public liability insurance.
15.3 We provide Cleaning Services for domestic and commercial purposes. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
15.4 If We cause any damage to the Property, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Cleaning Services.
15.5 We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us or the Cleaner.
15.6 Nothing in these Terms and Conditions is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
15.7 Nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.
16. How We Use Your Personal Data (Data Protection)
We will only use Your personal data as set out in Our Privacy Notice available from www.busybee.org.uk.
17. Other Important Terms
17.1 We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.
17.2 We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.
17.3 You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).
17.4 The Agreement is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement.
17.5 If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.
17.6 No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.
18. Regulations and Information
18.1 We are required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before You have accepted the Quotation and the Agreement has been signed) except where that information is already apparent from the context of the transaction. We have included the information itself either in the Agreement or Quotation for You to see, or We will make it available to You before the Agreement is signed and you accept the Quotation. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
18.2 As required by the Regulations:
18.2.1 all of the information described in sub-Clause 18.1; and
18.2.2 any other information which We give to You about the Cleaning Services, or about Us or Our business which you take into account when deciding to accept the Quotation and sign the Agreement, or when making any other decision about the Cleaning Services, will be a part of the terms of Our contract with You as a Consumer.
19. Law and Jurisdiction
19.1 These Terms and Conditions, the Agreement, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales
19.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause
19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
19.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Agreement, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.