Eco Cleaning Fairies

THIS AGREEMENT is made the day that your first clean commences.

 

BETWEEN:

 

(1)     Eco Cleaning Fairies Limited a company registered in England & Wales under number 08500191 whose registered office is at 61 Rodney Street, Liverpool L1 9ER (“the Company”) and

 

(2)     The customer who has received this agreement attached to their ‘ECF Cleaning Services Agreement’.

 

 

BACKGROUND:

 

(1)     The Company provides employed cleaners to deliver cleaning services to Clients and has reasonable skill, knowledge and expertise in that field.

 

(2)     The Client wishes to engage the Company to provide a Cleaner to deliver the services specified in the Cleaning Specifications (“the Cleaning Services”).

 

(3)     The Company agrees to ensure the delivery of the Cleaning Services to the Client, subject to the attached Terms and Conditions and the terms of this Agreement.

 

 

IT IS AGREED as follows:

 

1.            The Agreement

1.1          This Agreement incorporates the Company’s Terms and Conditions.

1.2          In this Agreement, words with initial capital letters have the same meaning as they have in the Terms and Conditions.

1.3          A legally binding contract between You and Us will be created when the Cleaning Services have commenced.

1.4          We confirm and You acknowledge that We have given or made available to You the following information (save for where such information is already apparent from the context of the transaction):

1.4.1      The main characteristics of the Cleaning Services;

1.4.2      Our identity and contact details;

1.4.3      The total price payable for the Cleaning Services including taxes or, if the Price cannot be calculated in advance, the manner in which it will be calculated;

1.4.4      The arrangements for payment, performance and the time by which (or within which) for the performance of the Cleaning Services;

1.4.5      The duration of this Agreement, where applicable, or if this Agreement is of indeterminate duration or is to be extended automatically, the conditions for terminating it.

1.5          As required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:

1.5.1      all of the information described in Clause 1.4; and

1.5.2      any other information which We give to You about the Cleaning Services or about Us which You take into account when entering into this Agreement or when making any other decision about the Cleaning Services will be part of the terms of Our contract with You as a Consumer.

2.            The Cleaning Services

2.1          The specification for the Cleaning Services is on the cleaning plan created during the cleaning plan tour.

2.2          You and the Cleaner may agree in writing to vary the specification from time to time.

3.            Fees and Payment

3.1          You will pay to the Company by way of Recurring Payments a Monthly Fee the amount stated in your ‘ECF Client agreement email’  for the Company Services.

3.2          We will pay the Cleaner on your behalf on the last working day of the month.

3.3          Invoices will be sent out for the previous month (for all cleans completed from 25th to 25th) on the 27th of the month, you will have 5 - 6 days to check your invoice and let us know of any discrepancies.

3.4          Your direct debit mandate will be set up by Go Cardless.  Go Cardless will automatically collect the invoiced amount on the 5th of the following month. We will send you a link or we can set it up with you over the phone.

 

4.            Waiver of Cooling Off Period

4.1          By starting this Agreement You request Us to commence provision of the Cleaning Services immediately and not to wait for the 14 day cooling off period referred to in Clause 10 of the Terms and Conditions to expire.

4.2          You acknowledge that if You exercise the right to cancel You will be liable to pay Us for the Cleaning Services provided up until the point at which You inform Us of Your wish to cancel, as set out in Clause 10 of the Terms and Conditions.

 

ECO CLEANING FAIRIES LIMITED TERMS AND CONDITIONS

 

BACKGROUND:

 

These Terms and Conditions are the standard terms which apply to the provision of cleaning services by Eco Cleaning Fairies Limited (company number 08500191) the registered address being 61 Rodney Street, Liverpool L1 9ER (“the Company”) to Clients who require their homes and/or business premises to be cleaned on a regular basis.

 

These Terms and Conditions apply where the Client 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;

“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/organisation;

“Cleaner”

 

 

 

“Cleaner Fee”

means the cleaner selected by Us and introduced to You and who will be responsible for providing the Cleaning Services;

 

means the fees payable by you to the Cleaner in accordance with the Agreement;

“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 Client of the Company who receives Cleaning Services for their personal use and for purposes wholly or mainly outside the purposes of any Business;

“Deposit”

 

 

“Fees”

means the deposit You may be required to pay in accordance with Clause 5;

 

means collectively the Cleaner Fee and the Monthly Fee;

“Initial Period”

 

 

 

subject to the provisions of Clause 10, means a period of one month beginning on the Start Date during which You may not cancel the Agreement under Clause 11;

“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 premises, 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;

“You/Your”

means the Client .

 

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 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 the other gender.

1.9          References to persons, unless the context otherwise requires, include corporations.

1.10       Unless otherwise agreed in writing these Terms and Conditions shall prevail over any other terms of business or purchase conditions supplied by the Client.

 

2.            Information about Us

2.1          We are a limited company.

2.2          We trade under the name Eco Cleaning Fairies

2.3          Our main trading address is 19 Mandela Court, Devonshire Road, Liverpool L8 3TX.

2.4          Our VAT number is 273297478

 

3.            Communication and Contact Details

3.1          If You wish to Contact us with questions or complaints, You may contact Us by telephone at 07585051206 or by email at jules@ecocleaningfairies.com

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 jules@ecocleaningfairies.com or

3.2.2      contact Us by pre-paid post at 19 Mandela Court, Devonshire Road, Liverpool L8 3TX.

4.            Orders

4.1          We accept orders for Cleaning Services by telephone and email

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.

4.3          Once the Order is complete and submitted We will prepare a Quotation and send it to You either by email. The Quotation will set out the agreement proposed

 

4.4          You may make changes to the Order and Quotation before accepting it.  You may accept the Quotation by telephone, email or first class post.

5.            Deposit

5.1          You may be requested to pay a Deposit.  The Deposit will be the service charge fees cost of the first 4 sessions.

 

6.            Fees and Payment

6.1       Payment of the Monthly Fee shall be taken on 5th day of the month following the Service Period for the Cleaning Services provided between the 25th-25th

6.2          You agree to make payments to us by way of recurring payments using Go Cardless.

6.3          If there is a late payment 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 in full is made. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.

6.4          If You have promptly contacted Us to dispute a payment in good faith We will not charge interest while such a dispute is ongoing.

6.5          Refunds will be made to You within 50 days of notice and satisfaction by Us of the requirement to so refund.

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 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 it/ems 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 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 take our Client’s security extremely seriously. We ensure that all Cleaners sign undertakings to ensure the safekeeping and return of keys.

8.3          You must provide all appropriate cleaning 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 equipment is not available.

8.4          You must ensure that the Cleaner has access to electrical outlets and a supply of hot and cold running water and suitable lighting.

8.5          You must provide us with at least seven days’ notice of any cancellation due to holidays or long-term absence.

8.6          You must give Us at least 48 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 charge for cancelled Visits provided such notice is given.  If less than 48 hours’ notice is given We will charge You at the normal rate including where the Cleaner is unable to access the Property through no fault of their own.

8.7          You will have adequate home insurance to cover any loss or damage caused by the Cleaner. We shall not be liable for any loss or damage caused by the Cleaner.

8.8          You will ensure that all pets are secured during the Visit and that the Cleaner is kept safe.

8.9          You will ensure that all pets and children are kept away from all cleaning products.

8.10       You will notify Us of any damage or breakages within 24 hours of the relevant Visit.

9.            Complaints and Feedback

9.1          We always welcome feedback from Our Clients and, while We always use all reasonable endeavours to ensure that Your experience as a Client of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.

9.2          All complaints are handled in accordance with Our complaints handling policy and procedure.

9.3          If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:

9.3.1      In writing, addressed to Jules Gordon to the above address;

9.3.2      By email;

9.3.3       By contacting Us by telephone.

10.         Cancellation of Agreement During the Cooling Off Period

10.1    Where the Agreement is not made “on Our premises”, You (where you are a Consumer) 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.

10.2       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, fax or email to the postal address, fax number or email address specified in these Terms and Conditions).

10.3       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.

10.4       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.

10.5       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.

10.6       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.

10.7       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.  By making such a request You acknowledge and agree to the following:

10.7.1    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;

10.7.2    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.

10.8       Clause 11 applies to termination of the Agreement after the 14 calendar day cooling off period has elapsed.

11.         Termination

11.1       In addition to Your rights in Clause 10 relating to the cooling off period, You may terminate the Agreement at any time after the Initial Period by giving Us at least 30 days’ written notice.

11.2       You may terminate the Agreement with immediate effect by giving Us written notice if:

11.2.1    We have breached the Agreement in any material way and have failed to remedy that breach within 14 days of You asking Us in writing to do so;

11.2.2    We enter into liquidation or have an administrator or receiver appointed over Our assets;

11.2.3    We are unable to provide the Cleaning Services due to an event outside of Our control (see Clause 13);

11.2.4    We wish to change these Terms and Conditions to Your material disadvantage.

11.3       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.

11.4       After the Start Date and once the Initial Period has expired, We may terminate the Agreement at any time by giving You at least 3 days’ written notice.

11.5       We may terminate the Agreement with immediate effect by giving You written notice if:

11.5.1    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);

11.5.2    You have breached the Agreement in any material way and have failed to remedy that breach within 14 days of Us asking You in writing to do so; or

11.5.3    We have been unable to provide the Cleaning Services for more than two weeks due to an event outside of Our control (see Clause 13).

11.6       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 an accident, mishap, mistake or misunderstanding.

12.         Effects of Termination

12.1       If the Agreement is terminated for any reason the provisions of this Clause 12 will apply.

12.2       If at the termination date:

12.2.1    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;

12.2.2    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.

12.3       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.

12.4       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.

13.         Events Outside of Our Control (Force Majeure)

13.1       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 .

13.2       If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

13.2.1    We will inform You as soon as is reasonably possible;

13.2.2    Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;

13.2.3    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;

13.2.4    You or We may terminate the Agreement (see Clause 11).

 

14.         Liability

14.1       We will not be liable 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 connection with the late arrival of the Cleaner, existing damage, non-satisfactory results as a consequence of a third party  or client walking on wet floors or using appliances during or shortly after the Visit or for odours caused by lack of ventilation and/or appropriate heating.

14.2       We will maintain suitable and valid insurance including public liability insurance.

14.3       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.

14.4       Our total liability for any loss or damage caused as a result of our negligence or breach of these Terms and Conditions or the Agreement (or that of the Cleaner) is limited to the Fees for the Service Period in which the loss or damage incurred by the Client arising from

14.5       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.

14.6       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.

14.7       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.

15.         How We Use Your Personal Information (Data Protection)

15.1       All personal information that We may collect (including, but not limited to, Your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and Your rights under that Act.

15.2       We may use Your personal information to:

15.2.1    provide the Cleaning Services to You;

15.2.2    process Your payment for the Cleaning Services;

15.2.3    inform You of new products and services available from Us.  You may request that We stop sending You this information at any time.

15.3        We will not pass on Your personal information to any other third parties without first obtaining Your express permission.

16.         Other Important Terms

16.1       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.

16.2       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.

16.3       You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).

16.4       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.

16.5       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.

16.6       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.

17.         Law and Jurisdiction

17.1       These Terms and Conditions and the relationship between You and Us (whether contractual or otherwise) will be governed by and construed in accordance with, English Law.

17.2       Any dispute, controversy, proceedings or claim between You and Us relating to the Agreement or these Terms and Conditions (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by Your residency.