Terms and Conditions

1. Definitions and Interpretation

1.1. ‘Area’ means the area at the address specified in the Quote, Proposal or email communication;

1.3. ‘Charges’ mean the amounts set out in the Quote,Proposal or email communication;

1.4. ‘Cleaning Services’ means the ordinary cleaning service as detailed in the Quote, Proposal or email communication;

1.5. ‘Client’ or ‘you’ or ‘your’ means the person, firm, company or organisation whose details appear in the Quote, the Proposal and/or the accompanying email communication;

1.6. ‘Commencement Date’ means the date set out in the Specification;

1.7. ‘Company’, ‘CC’  or ‘us’, ‘we’ or ‘our’ means Cap Clean Ltd or Capital Clean;

1.8. ‘Contractual Term’ means the period during which CC shall provide the Cleaning Services and any Other Services as set out in the Quote, Proposal and/or the Specification;

1.9. ‘Other Charges” means charges for any Other Services as specified in the Quote or any subsequent Agreements;

1.10. ‘Other Services’ means any additional services not included in the Quote and that must be agreed upon by the parties;

1.11. ‘Parties’ means CC and the Client, and ‘Party’ shall mean either one of them;

1.12. ‘Quote’ means our Quote,Proposal or email communication for the provision of cleaning services;

1.13. ‘Specification’ means the Specification for the Cleaning Services.

2. Cleaning Services

2.1. CC will provide the Cleaning Service in a proper manner for the Client at the Area in consideration of you paying the Charges to us.

2.2. CC shall supply all the necessary labour to carry out works to the satisfaction of the Client’s and any required materials will be provided upon mutual agreement between CC and the Client.

2.3. CC shall supply competent workpeople in the numbers required, suitable for the types of work to be carried out.

2.4. CC shall undertake positive identification and Security Vetting, as set out in the communication, on all its subcontractors attending the Client’s premises.

2.6. CC shall comply as regards to the work to be performed within the site with the rules, regulations, and requirements in force for the duration of the job.

2.7. The machines and materials used to undertake the cleaning services shall be in good condition and suitable for use in performing the work in question. All electrical equipment supplied shall be regularly tested and approved by qualified electricians supplied by CC.

2.8. All materials used or supplied by CC shall comply with the European Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures.

3. Your Obligations

3.1. The Client shall provide free of charge:

3.1.1. All necessary light, hot water and other facilities which may be reasonably required to enable CC to provide the service; and

3.1.2. Suitable and safe accommodation for such equipment and materials as CC deems necessary to leave on the Client’s premises.

3.2 The Client agrees to accept additional charges for any wasted journeys due to the Client’s failure to observe an appointment, delays in carrying out the work or cancellations as a result of the Client’s failure to allow access or provide proper instructions.

3.3 The Client agrees to obtain and maintain all necessary licences, permissions and consents which may be required before the Commencement Date.

3.4 Abusive, harassing or offensive behaviour is unacceptable, whether verbal, physical or visual. This includes any demeaning, insulting, embarrassing or intimidating behaviour directed at any cleaner or employee of Cap Clean Ltd related to race, colour, gender, national origin, age, religious creed, physical or mental disability, marital status, pregnancy, sexual orientation, veteran status, citizenship or another characteristic protected by law. If any such behaviour or conduct is discovered, whether directly or indirectly by CC, the contract will be terminated with immediate effect and no refunds will be due.

4. Charges

4.1. The charges quoted are exclusive of VAT which will be added to the amounts charged at the applicable rate. Normally, you are required to set up a monthly direct debit due to payment safety considerations. CC can accept other methods of payment upon mutual agreement.

4.2. If you do not make a payment within 14 days of the due date or as otherwise provided for in the Agreement then we shall be entitled to:

4.2.1. charge interest on the outstanding amount at the rate of 8% a year above the base lending rate of The Bank of England in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

4.2.2. require you to pay, in advance, for any Cleaning Services (or any part of the Cleaning Services) or any Other Services which have not yet been performed; and

4.2.3. not perform any further Cleaning Services (or any part of the Cleaning Services).

4.3. We may increase the Charges by giving you no less than 14 days’ prior written notice, provided that:

4.3.1. you may terminate the Agreement by giving 1 month’ notice in writing within 14 days following any such notice of increased Charges; and

4.3.2. in the absence of notice pursuant to clause 4.4 you shall have accepted the increase to the Charges.

4.4. We may, on written notice, increase the Charges to take account of increases in the cost of providing the Cleaning Services or as a reflection of market conditions and, where relevant, any Additional Services as a result of changes in relevant laws or regulations.

4.5 Shall the Client book an After-Building Clean with Cap Clean and any such cleaning gets rescheduled more than twice through no fault of Cap Clean Ltd, the Client accepts and agrees to pay a delay charge of £20.00 for the rearranging of the After-Building Clean.

5. Exclusions

5.1. We shall not be liable for any loss or damage unless notified in writing within 72 hours of the event that may give rise to a claim, as any delay makes an investigation difficult. We will have the right to make good any loss or damage for which we are liable in lieu of making payment.

5.2. We will not be liable for damage to crockery or glassware arising during the collection or washing up of these articles.

5.3. We will not be liable for the disposal of any items placed in, under or on waste paper or rubbish bins.

5.4. We 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 Client arising from or in any way connected with:

5.4.1 A cleaning job not complete due to the lack of suitable equipment, lack of hot water or electricity, or equipment not in full working order;

5.4.2 Third party entering or present at the Client’s premises during the cleaning process;

5.4.3 An existing damage to Client’s property in the form of old stains/burns/spillages etc. which cannot be cleaned/removed completely by the Cleaner using the Client’s cleaning equipment and materials;

5.4.4 If the Client has booked a carpet cleaning with us, we cannot be held liable if any stains or dents on the carpets cannot be removed in the course of the cleaning process. The Client understands and agrees that some stains cannot be removed completely and Cap Clean Ltd does not have any responsibility to provide further cleaning or refunds in case any stains cannot be removed.

5.4.5. Any damages caused by faulty or not in full working order equipment or materials supplied by the Client;

5.4.6 Any damages worth £500.00 or less;

6. Confidentiality

6.1. Each Party (‘Receiving Party’) shall keep the confidential information of the other Party (‘Supplying Party’) confidential and secret, whether disclosed to or received by the Receiving Party. The Receiving Party shall only use the confidential information of the Supplying Party for the purpose of and for performing the Receiving Party’s obligations under this Agreement. The Receiving Party shall inform its officers, cleaners and agents of its obligations under this clause 6.1, and ensure that the Receiving Party’s officers, cleaners and agents meet the obligations.

6.2 Unless the Client explicitly withdraws permission in writing, our Cleaners and staff are allowed to take pictures or videos of the property as proof of performance. No person shall be on any of the photos or videos.

6.3. This clause 6 shall survive termination of this Agreement for a period of one year.

7. Use of Sub-Contractors

7.1. We may use a subcontractor to provide some or all of the Cleaning Services and/or any Other Services where appropriate.

7.2. We will be responsible for the work of a subcontractor to the same standard as stated in the Agreement and the Specification or as agreed by the Parties.

8. Warranties, liability and indemnities

8.1. We warrant that we will use reasonable care and skill in performing the Cleaning Services and/or any Other Services to the standard generally accepted within the industry.

8.2. If we perform the Cleaning Services (or any part of them) or any Other Services negligently or materially in breach of the Agreement or the Specification, then, if requested by you, we will re-perform the relevant part of the Cleaning Services and/or any Other Services, subject to clauses 8.3 and 8.4 below. The Client’s request must be made within 48 hours of the date of performance of the Cleaning Services and/or Other Services in question.

8.3. Except in the case of death or personal injury caused by our negligence, our liability under or in connection with the Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the Charge(s) in any year under the Agreement.

8.4. You shall indemnify and hold us harmless from and against all Claims and Losses suffered by us, our cleaners and third parties, by reason of or arising out of any act or omission by you, your employees, agents or subcontractors, whether in the discharge of your obligations under the Agreement or howsoever otherwise.

8.5. Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature, including without limitation any economic loss or other loss of turnover, profits, business or goodwill.

8.6. Each Party acknowledges that, in entering into the Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in the Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from the Agreement to the fullest extent permitted by law. Nothing in the Agreement excludes liability for fraud.

8.7. CC will maintain:

8.7.1. Public Liability Insurance, including Products Liability and Treatment Risks with a Limit of Indemnity of £5,000,000

8.7.2. Employers Liability with a limit of £5,000,000

9. Termination

9.1. This Agreement shall begin on the Commencement Date and shall last for the Contractual Term unless extended or terminated as provided in section 9.4 below.

9.2. Either Party may terminate the Agreement, at any time, on written notice to the other Party:

9.2.1. if the Other Party is in material breach of its obligations under the Agreement and, if the breach is capable of remedy within 30 days, the breach is not remedied within 30 of the Other Party receiving notice which specified the breach and requiring the breach to be remedied; or

9.2.2. if the Other Party becomes insolvent or if an order is made or a resolution is passed for the winding up of the Other Party (other than voluntarily for the purposes of solvent amalgamation or reconstruction), or if an administrator, administrative receiver or receiver is appointed in respect of the whole or any part of the Other Party’s assets or business, or if the Other party makes any composition with its creditors or takes or suffers any similar or analogous action in consequence of debt; or

9.3. CC reserves the right to terminate the contract if a written notice has been given to the Client that any sum is due from the Client and it is more than 30 days overdue.

9.4. Either Party may give no less than 2 months notice to the other party to terminate this Agreement on the last day of the Contractual Term, or the last day of the contract term following any earlier renewal, though if either party fails to do so for any reason, this Agreement will be automatically renewed for a further term equivalent to the Contractual Term.

9.5 Shall the Client unilaterally cancel the Agreement without the presence of any contractual breach by CC or explicit mutual consent, the Client is liable to pay 50% of the total fee for the remaining period of the Agreement. Any such fees must be paid within 30 days of the date of the last invoice.

9.6 CC reserves the right to cancel the contract if no cleaner can be allocated due to availability, wage paid by the Client, time of the day or day of the week. If no mutual consensus has been reached between CC and the Client or due to any other reason the service cannot be performed, CC reserves the right to terminate the contract with immediate effect. Any missed sessions preceding the termination date will be refunded to the Client.

9.7 CC in its absolute discretion may accept from the Client payment in lieu of notice of termination.

9.8 Termination shall not affect the accrued rights of the Parties.

10. General

10.1. The Client shall not within the period of one year after termination of the contract employ, engage or offer to employ or engage any person who during the term of the contract has been a cleaner of CC involved directly or indirectly in the provision of the service for the Client

10.2. If a cleaner introduced to the Client by CC is subsequently taken on by the Client, the Client is liable to a referral fee equivalent to 20% of the current annual Cleaner’s remuneration paid to CC and according to these Terms.

10.3. Force majeure: Neither Party shall have any liability under or be deemed to be in breach of the Agreement for any delays or failures in performance of the Agreement that result from circumstances beyond the reasonable control of that Party. The Party affected by such circumstances shall promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances exist for a continuous period of more than 6 months, either Party may terminate this Agreement by written notice to the other Party.

10.4. In the event of adverse weather conditions, act of terrorism, public transport strike, fire or riot we will make reasonable efforts to continue to provide the Cleaning Services and any Other Services. The Parties recognise that such events are beyond our control and may result in a temporary lower level of service.

10.5. Amendments: The Agreement may only be amended in writing signed by duly authorised representatives of the Parties.

10.6. Assignment: Subject to the provisions of Section 10.5, neither Party may assign, delegate, mortgage, charge or otherwise transfer any or all of its rights and obligations under the Agreement without the prior written agreement of the other Party.

10.7. A Party may assign and transfer all its rights and obligations under the Agreement to any person to whom it transfers all of its business, provided that the assignee undertakes in writing to the other Party to be bound by the obligations of the assignor under the Agreement.

10.8. Entire agreement: The Agreement contains the entire agreement between the Parties and supersedes and replaces any prior written or oral agreements, representations or understandings between them. The Parties confirm that they have not entered into the Agreement on the basis of any representation that is not expressly incorporated into the Agreement. Nothing in the Agreement excludes liability for fraud.

10.9. Waiver: No failure or delay by either Party in exercising any right, power or privilege under the Agreement shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in the Agreement are cumulative and not exclusive of any rights and remedies provided by law.

10.10. Agency, partnership etc.: The Agreement shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the Parties other than the contractual relationship expressly provided for in the Agreement. Neither Party shall have, nor represent that it has any authority to make any commitments on the other Party’s behalf.

10.11. Severance: If any provision of the Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from the Agreement and rendered ineffective as far as possible without modifying the remaining provisions of the Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of the Agreement.

10.12. Announcements: No Party shall issue or make any public announcement or disclose any information regarding the Agreement unless prior to such public announcement or disclosure it furnishes all the Parties with a copy of such announcement or information and obtains the approval of such persons to its terms. However, no Party shall be prohibited from issuing or making any such public announcement or disclosing such information if it is necessary to do so to comply with any applicable law or the regulations of a recognised stock exchange.

10.13. Notices: Any notice to be given under the Agreement shall be in writing and shall be sent by email or by first class mail to the address of the relevant Party set out in the Quote.

10.14. Law and jurisdiction: The validity, construction and performance of the Agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit.

10.15. Third parties: For the purposes of the Contracts (Rights of Third Parties) Act 1999 the Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

10.16. These terms and conditions come into effect on commencement of cleaning services by CC for the Client and the information enclosed are to be read and interpreted in conjunction with the contract between CC and the Client. CC reserves its right to amend these Terms without prior notice and the Client agrees to acknowledge any changes in due time.

1. DEFINITIONS

1. “CE” means Cleaning Express Services Limited (registered in England and Wales, Registration Number 09612809) trading as Cleaning Express;

2. “Cleaner” means the natural or legal person carrying out cleaning services on behalf of CE;

3. “Client” means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 2006 to whom the cleaning services are supplied by CE;

4. “Service” means the ordinary Service that CE and the Client contracted for. That can be regular domestic cleaning, a one-off deep cleaning, a one-off end of tenancy cleaning or after builders cleaning;

5. “Notice” means any written notice sent to and by CE whether by email, text message or post to notify of changes in the contract or to raise a complaint.

2. CE AND THE CLIENT

1. CE strives to match the requested needs of the Clients when introducing a Cleaner for day, time and type of work that is required;

2. CE will introduce within a one-week period a new Cleaner as a replacement if the originally introduced Cleaner is not available due to illness or any other reason. All efforts will be made to ensure an immediate replacement is arranged;

3. Should the Client not be satisfied with the service, CE will introduce a new Cleaner where a minimum one-week notice is served by the Client. CE commits to provide replacement as soon as possible after the notice is received and a mutual understanding of the required quality and time is achieved;

4. CE will liaise with both the Cleaner and the Client to ensure that quality of work is maintained and time preferences (including cancellations) coordinated; there is no limit to the number of times a Client can contact CE and ask for advice or assistance;

5. The Client agrees that the price they have been quoted does not include anything apart from cleaning labour as detailed before signing up for CE’s services. Should the Client require any further services a discussion with CE is necessary and if additional services or cleaning materials are agreed upon, a new quote will be provided;

6. Estimates of time for completing a job are based on average time it takes to clean a property of similar size to that of the Client’s, and flexibility in relation to time is required on the Client’s part. It must be noted that one-off cleans may take longer to complete due to longer intervals between cleaning sessions, number and type of cleaning tasks required, when compared to the regular maintenance cleaning of the same property

7. CE does offer the following types of one-off cleaning services: deep clean, end of tenancy and after-builders clean. The conditions of conducting these services will depend on the selected type and payment and cancellation will take place according to the quote provided and the provisions of these Terms and Conditions as listed below.

8. Unless the Client explicitly withdraws permission in writing, our Cleaners and staff are allowed to take pictures or videos of the property as proof of performance. No person shall be on any of the photos or videos.

9. Minimum booking hours for a regular service is  3 hours, for deep-cleaning session is 4 hours and for end-of-tenancy or after-builders cleaning is 5 hours.

3. THE CLEANER AND THE CLIENT

1. Each Cleaner carries out the requested work for the Client during the agreed day and time;

2. Each Cleaner is to be paid by the Client according to a mutual agreement between CE and The Cleaner will discontinue Service if payment is not made on time;

3. The contracted Client agrees to pay the full price of the cleaning visit, if:

1. 1. The Client cancels or changes the date or time less than 24 hours prior to the scheduled appointment;

   2. The Client fails to provide access to the Service premises preventing CE to carry out the booked work;

   3. There is a problem with the Client’s keys and the Cleaners cannot let themselves in. If keys are provided they must open all locks without any special efforts or skills.

4. Cleaners may not empty rubbish bins unless requested to do so due to confidentiality and will not throw away any items left around, under, on top or besides the designated bins;

5. The Cleaners are not allowed to hand-wash any items of clothing belonging to the Client. CE advises that our Cleaners can only use a washing machine for such tasks;

6. The Cleaner will not lift any heavy furniture or work at height more than a regular domestic step-ladder with no more than three steps;

7. All fragile and highly breakable items must be secured or removed;

8. H. For end-of-tenancy cleans the property must be cleared of personal belongings. Any pets must be taken away and shall not be present at the property after the completion of the service. No heavy items of rubbish must be left at the premises. For after-builders cleans, the works must be finished at least 24 hours before the commencement of the cleaning session and there shall not be any workers still conducting building and repairs.

9. Return of keys after cancellation and settlement of account will be done by either the Cleaner during the last cleaning session, recorded delivery (free of charge and after Clients’ authorisation) or guaranteed delivery (payable by the Client).

10. Abusive, harassing or offensive behaviour is unacceptable, whether verbal, physical or visual. This includes any demeaning, insulting, embarrassing or intimidating behaviour directed at any cleaner or employee of Cleaning Express related to race, colour, gender, national origin, age, religious creed, physical or mental disability, marital status, pregnancy, sexual orientation, veteran status, citizenship or another characteristic protected by law. If any such behaviour or conduct is discovered, whether directly or indirectly by CE, the contract will be terminated with immediate effect and no refunds will be due.

4. THE CLEANER AND CE

1. Each Cleaner is self-employed and flexible with their assignments. As self-employed, the Cleaner is responsible to pay any applicable taxes and relevant social contributions;

2. CE registers each Cleaner before introducing the Cleaner to the Client;

3. All Cleaners are fully vetted and trained by CE. Prior to starting work each Cleaner provides relevant documents including but not limited to passport, legal status confirmation and proof of address;

4. CE acts as an intermediary and as such it does not employ the Cleaners;

5. CE provides operational and technical assistance to each Cleaner;

6. CE has an agreement with each Cleaner it introduces that the latter will discontinue Service for the Client if CE does not receive its fee.

5. CE FEES, REFUNDS AND CANCELLATIONS

1. CE receives its fee from the Client as a weekly, fortnightly or monthly payment;
2. Client can cancel the Service by giving CE one month’s notice in writing or one week in the first month of service. During the first month the agency fee is not refundable.
3. CE reserves the right to amend and increase prices and fees to reflect market conditions and cost of providing the service and appropriate notice will be served to the Client in due time;
4. CE reserves the right to cancel the contract if no cleaner can be allocated due to availability, wage paid by the Client, time of the day or day of the week. If no mutual consensus has been reached between CE and the Client or due to any other reason the service cannot be performed, CE reserves the right to terminate the contract with immediate effect. Any missed sessions preceding the termination date will be refunded to the Client.
5. Due to CE’s Guaranteed Satisfaction scheme, no refund claims will be entertained once the cleaning Service has been carried out. Cleaner’s wage must be paid by the Client regardless of their type of payment (either full payment or split payment), however a replacement will be arranged and the job redone up to the Client’s requirements;
6. Regular Cleaning Services:
   1. For regular cleaning CE will provide a full proportionate agency fee refund for missed sessions if the cleaner could not attend the session due to any personal circumstances and the client did not agree to a replacement offered to them by CE. No refunds will be made to cover sessions during the notice period and no refund requests for the agency fees will be entertained during the first month of service
   2. No refund will be made if missed sessions are due to the client being on a holiday or away for whatever personal reason, as CE strives to provide consistent and regular service, this can be maintained during the Client’s time away or after this period is finished. This is subject to explicit Client’s request.
   3. For customers making full payment to us (agency fee + cleaner’s wage via Direct Debit) any refunds for missed sessions will be issued upon Client’s explicit request.
   4. All refunds must be claimed within 3 month-period after the due date of the pre-arranged cleaning session.
   5. The client must pay late cancellation/lock-out fee for canceling or rescheduling a visit with less than 24 hour notice for regular Clients. The fee constitutes the full price of the cleaning session. The same fee applies if the Cleaners are unable to gain access to the Client’s home, through no fault of CE or the Cleaner;
7. One-Off Cleaning Services:
   1. Refunds for any one-off cleaning sessions will not be granted, however a free re-cleaning session will be arranged to satisfy the Client’s requirements in accordance with clause 7.5 below. The appropriate claims must be made within a 72-hour period after the completion of the service.
   2. Satisfaction Guarantee for end-of-tenancy and after-builders cleaning sessions will not be applied if the client continues to live in the property after the session has been completed or any building work is being carried out after the completion of the Service and for a 72-hour period after that.
   3. For deep cleans the Client may be given a satisfaction form at the end of the clean. By filling the form the Client agrees that the clean has been performed up to their expectations and is of the required quality and no claims for any damages or dissatisfaction whatsoever will be entertained.
   4. For one-off cleaning sessions refund will be issued if a Cleaner does not attend a cleaning visit, payment for which has been already collected by CE;
   5. Should the Client have any complaints or comments as to the quality of the one-off cleaning service, CE strives to offer a re-clean session of the areas which need particular attention and deliver an excellent service to the Client. However, a re-cleaning session is conducted at the expense of CE and shall never be more than 50% of the length of the original one-off cleaning.
   6. There is a £50.00 late cancellation/lock-out fee for canceling or rescheduling a visit within less than 48 hour notice for one-off Clients. The same fee applies if the Cleaners are unable to gain access to the Client’s home, through no fault of CE or the Cleaner;
   7. Shall the Client book an After-Building Clean with Cleaning Express and any such cleaning gets rescheduled more than twice through no fault of Cleaning Express, the Client accepts and agrees to pay a delay charge of £20.00 for the rearranging of the After-Building Clean.
8. Generally, CE’s Cleaners are not allowed to circumvent CE and work with the Client directly. However, under explicit mutual consent a Cleaner can be directly employed by the Client. Under such circumstances, the Client is liable for an employment referral fee of £750.00 per person should they directly employ, either legally or on a cash basis, anyone currently employed or subcontracted by CE, or anyone employed or subcontracted by CE within the 1 year period prior to such employment. The Client agrees to pay this fee whether he notifies CE of his action or CE discovers this employment independently at any time after it occurs. The Client further agrees to reimburse CE for any and all collection or legal expenses CE incurs in collecting this fee;
9. CE has a comprehensive insurance policy in place covering damage to Client’s property, theft and Cleaners personal injury. CE’s public and product liability is £5m. All claims are subject to an excess of £500 payable by the Client. In case of an incident, Clients are advised to notify CE within 72 hours of incident so that CE is able to assist in resolving reported problems.
10. Any damage claims will be assessed and processed in accordance with Appendix I below.

6. PAYMENTS

1. CE’s fee can be paid by weekly standing order/direct debit, monthly standing order/direct debit, other payments to be specified upon mutual agreement between the Client and CE;

2. Should payment not be received as per these Terms, no further cleaning services will be provided until the outstanding invoice has been settled;

3. If CE is forced to refer the Client’s account for collection to a third party then extra costs may be added to the outstanding amount by the debt collecting company.

7. LIMITATION OF LIABILITY

1. Nothing excludes or limits CE’s liability for death or personal injury caused by our negligence, or for any matter which it would be illegal for CE to exclude or attempt to exclude its liability, or for fraud or fraudulent misrepresentation or due to a breach of the terms implied by Part II of the Supply of Goods and Services Act 1982

2. Subject to this, our total liability howsoever arising in connection with these Terms, the provision of the cleaning services or the agreement between Client and CE shall be limited to £5,000,000 and CE shall not be liable for any losses or claims for compensation which do not arise as a direct result of the provision of the cleaning services by CE to the Client. Corrections on the above terms and conditions can be made with the mutual agreement of CE and the Client; these can be sent to CE via email or post;

3. CE 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 Client arising from or in any way connected with a late arrival of CE Cleaners at the Service address. Cleaners endeavour to be right on time on any visit but sometimes due to transport-related and other problems which are beyond the CE’s control, Cleaner may arrive with a delay or the cleaning visit may be rescheduled;

4. CE 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 Client arising from or in any way connected with:

1. 1. A cleaning job not complete due to the lack of suitable equipment, lack of hot water or electricity, or equipment not in full working order;

   2. Third party entering or present at the Client’s premises during the cleaning process;

   3. An existing damage to Client’s property in the form of old stains/burns/spillages etc. which cannot be cleaned/removed completely by the Cleaner using the Client’s cleaning equipment and materials;

   4. Any damages caused by faulty or not in full working order equipment or materials supplied by the Client;

   5. If the Client has booked a carpet cleaning with us, we cannot be held liable if any stains and/or dents on the carpets cannot be removed in the course of the cleaning process. The Client understands and agrees that some stains cannot be removed completely and Cleaning Express does not have any responsibility to provide further cleaning or refunds in case any stains cannot be removed.

   6. Any damages worth £500.00 or less;

5. CE 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 Client arising from or in any way connected with CE carrying out services for the Client if the Client has an outstanding amount aged 30 days or more from the date the payment was due.

8. GENERAL

CE reserves the right to make any changes to any part of these Terms and Conditions without giving any prior notice. Whilst CE shall undertake reasonable endeavours to notify the Client, however the Client agrees to make themselves acquantained with any updates or changes in the text of these Terms.

9. THE LAW

This agreement shall be subject to the Laws of England and Wales and the parties submit to the jurisdiction of the Courts of England and Wales.

APPENDIX I

Damage Policy

1.Reporting damage

1. In the event of damage, this must be reported to Capital Clean within 72 hours of the end of the pre-booked cleaning session. The Client must report damage by sending an email to enquiries@capclean.co.uk or calling Customer Services Team on 020 7998 6242.

2. Due to insurance considerations, the Client must provide all relevant information about the damage and photographs as evidence where applicable.

3. Damage cases can initially be reported via email or phone. All following information must be submitted via email for clarity, and to ensure a written record of the communication.

4. Within 48 hours of the initial report, Capital Clean must be provided with the full information requested. Without this further information, Capital Clean may be limited in their ability to investigate and that may affect the form of compensation that can be offered.

5.  Capital Clean shall not be liable for any damage due to faulty goods, ordinary ‘wear & tear’, or as a result of reasonable use of any cleaning equipment and products.

2. Compensation for damage

1. In order to verify the purchase of a replacement for a damaged item, a receipt or bank statement will need to be provided so the process of assessing compensation can be triggered.

2.  When determining fair compensation, Capital Clean will consider any depreciation and any wear and tear into the offer of compensation.

3. Capital Clean may offer compensation in the form of credit, repair, replacement or reimbursement. The form of compensation offered will be at Capital Clean’ discretion, and will be determined by the results of our formal investigation.

4. Whilst every reasonable endeavour will be taken to compensate the Client for the damage suffered, it must be proved beyond doubt that the damage has indeed resulted from the Cleaner’s or any of the Capital Clean’ sub-contractors or employees.

5. Mutual consent on the method of compensation shall be reached before any compensation is issued by Capital Clean. If no such consent is present, Capital Clean reserves the right to refuse compensation.

6. Insurance excess (£500) is payable by the client as per Clause 5.10 of these Terms and Conditions.

7. If the Client has been given a Satisfaction Form and that form has been completed and submitted to Capital Clean, the service shall be deemed as performed up to standard and no damage claims will be entertained after the date of receipt of the Form.

8. Capital Clean shall not be liable for any damages as provided in Clause 7 “Limitation of Liability” of these Terms and Conditions.