Terms and Conditions (Business)

BACKGROUND:

By using our services, you agree to our terms and conditions. These Terms and Conditions shall apply to the provision of cleaning services by AEG Cleaning Services Ltd, a company registered in England & Wales under number 13659771, whose registered office is at 10-16 Tiller Road, 14/2e, Canary Wharf, London, E14 8PX to business customers that require their office premises cleaned on a regular contractual basis.

  1. Definitions and Interpretation
    • 1.1In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
Definitions and Interpretation
  • 1.1In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
“Agreement” means the contract into which the Parties will enter on the Customer’s acceptance of the Quotation and of these Terms and Conditions which shall incorporate, and be subject to, these Terms and Conditions
“Agreed Times” means the times which the Parties shall agree upon during which the Staff shall have access to the Premises to render the Services
“Business Day” means, any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business in England;
“Customer” means the business that requires the Services subject to these Terms and Conditions and the Agreement;
“Initial Period” means a period of Fourteen following commencement of the Services during which the Customer may not cancel in accordance with Clause 7 of these Terms and Conditions;
“Monthly Fee” means the fee payable by the Customer for the Services in accordance with Clause 4 of these Terms and Conditions;
“Order” means the Customer’s initial request to acquire the Services from the Company as set out in Clause 2 of these Terms and Conditions;
“Premises” means the Customer’s office space, as detailed in the Order and the Agreement, at which the Services are to be rendered;
“Products” means any and all cleaning products and supplies used by the Company in rendering the Services;
“Quotation” means a quotation detailing proposed fees and services supplied to the Customer in accordance with Clause 2 of these Terms and Conditions;
“Services” means the cleaning services provided by the Company as detailed in Clause 5 of these Terms and Conditions;
“Service Period” means a period of one month which shall begin on the date agreed for the commencement of the Services and repeat until the Agreement is cancelled or terminated in accordance with these Terms and Conditions;
“Staff” means the Company’s employees assigned to render the Services; and
“Visit” means any occasion, scheduled or otherwise, on which the Company shall send its Staff to the Premises.
  • 1.2Unless the context otherwise requires, each reference in these Terms and Conditions to:
    • 1.2.1“writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
    • 1.2.2a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
    • 1.2.3“these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
    • 1.2.4a Schedule is a schedule to these Terms and Conditions; and
    • 1.2.5a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule.
    • 1.2.6a “Party” or the “Parties” refer to the parties to the Agreement.
  • 1.3The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
  • 1.4Words imparting the singular number shall include the plural and vice versa.
  • 1.5References to any gender shall include the other gender.
  • 1.6References to persons shall include corporations.
  1. Orders
    • 2.1The Company accepts orders for its Services through website telephone and mobile app.
    • 2.2When placing an Order the Customer shall set out, in detail, the Services required. Details required include the location and size of the Premises, the frequency of Visits required, and the type(s) of cleaning required. The Company shall provide an order form to the Customer which shall provide prompts for all required information. All such details are set out in the Agreement.
    • 2.3Once the Order is complete and submitted the Company shall prepare and submit a Quotation to the Customer either by email or first-class post which shall set out the required Deposit and Monthly Fee, detailed in Clauses 3 and 4 respectively.
    • 2.4The Customer shall be free to make changes to the Order and Quotation prior to acceptance. The Customer may accept the Quotation by telephone, email or first-class post.
  1. Deposit
    • 3.1At the time of accepting the Quotation or not more than 7 days thereafter the Customer shall be required to pay a Deposit to the Company. The Deposit shall be 50% of the Monthly Fee. Orders shall not be deemed confirmed until the Deposit is paid in full.
    • 3.2Subject to the cancellation provisions set out in Clause 7 the Deposit shall be non-refundable.
  1. Fees and Payment
    • 4.1The Monthly Fee shall be calculated based upon the following factors:
      • 4.1.1Premises Size
      • 4.1.2Services required
      • 4.1.3Number of Staff required
      • 4.1.4How many days required
      • 4.1.5How many hours required.
    • 4.2The Company shall invoice the Customer at the end of each Service Period for the Services rendered during the preceding Service Period.
    • 4.3All invoices must be paid within 7 calendar days of receipt by the Customer.
    • 4.4If payment is not received after 10 calendar days, we shall contact the customer by either phone, e-mail, SMS or letter, if payment is still not received we hold the right to impose a  late payment fee. This fee shall be 20% of the outstanding amount of all invoices overdue, This will be issued as an invoice and again is payable in 7 days.
    • 4.5Any sums which remain unpaid following the expiry of the time period set out in sub-Clause 4.3 or 4.4 shall incur interest on a daily basis at 1.5% above the base rate of Bank of England from time to time until payment in full is made.
  1. Services
    • 5.1The Services shall be rendered in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by mutual agreement from time to time).
    • 5.2The Company shall provide the required number of Staff to render the Services but makes no guarantee that the same Staff members will always be assigned to the Customer.
    • 5.3The Company shall ensure that the Services are rendered with reasonable care and skill and to a reasonable standard which is commensurate with best practice in the cleaning market.
    • 5.4The Company shall ensure that it complies with any and all relevant codes of practice.
    • 5.5All Products used in the rendering of the Services shall be provided by the Company, selected based upon the Services required. The cost of such Products shall form a standard part of the Monthly Fee and, subject to sub-Clause 5.7 shall not vary.
    • 5.6The Company shall properly dispose of all waste that results from its rendering of the Services. This obligation shall be exclusive of any additional waste disposal which forms a part of the Services.
    • 5.7If cleaning work beyond the normal remit of the Services is required (to clean up a serious spillage, for example) the Company shall first obtain the Customer’s consent to perform such work and shall add the costs of such work to the invoice for the month in which the work takes place.
  1. Customer’s Obligations
    • 6.1The Customer shall ensure that the Company and its Staff can access the Premises at the Agreed Times to render the Services.
    • 6.2The Customer shall ensure that the Company has access to electrical outlets and a supply of hot and cold running water.
    • 6.3The Customer shall ensure that all necessary permissions, consents and licenses required for the Company to render the Services have been obtained.
    • 6.4The Customer must use all reasonable endeavours to give the Company at least 4 hours notice if the Company will not be required to provide the Services on a particular day or at a particular time. The Company will [not] invoice for such times at the standard rate.
    • 6.5Failure by the client of any clause 6 obligations would result in an invoice for £25.00 per cleaner per hour lost or full payment of the invoice and could result in all future services cancelled and the contract terminated..
  1. Complaints
    • 7.1We take all complaints seriously and will investigate them thoroughly as per our complaint’s procedure. We will work with you to get a satisfactory outcome in the quickest time possible.
    • 7.2All complaints are to be put in writing and e-mailed to info@aegcleaning.co.uk, title the e-mail Complaint with your address in the subject field.
    • 7.3Please give as much information as possible and, where possible, attach pictures.
    • 7.3Any recalls MUST be received within 48 hours, after this time a recall cannoot be requested.
    • 7.4We will contact you within 2 working hours of receiving your complaint by telephone to discuss it further. We envisage resolving all complaints within 10 working days; if this is not possible, we will advise you on timescales individually. We will work with you to get the right outcome as quickly as possible
  1. Cancellation
    • 8.1The Customer may cancel Services at any time [after the Initial Period] by giving at least 28 days written notice to the Company.
    • 8.2The Customer will still be liable to pay for any services during the notice period should they not wish the cleaner to reattend.
    • 8.3The notice to cancel shall take effect at the end of the Service Period within which it is served. The Customer shall receive the final invoice for that Service Period on the normal date and the normal payment provisions set out in Clause 4 shall apply.
    • 8.4Cancellation of Appointment – To cancel an appointment, we must have 4 hours notice from the start time, if a customer provides 4 or more hours to cancel service, then a full refund will be provided minus a £5.00 administration fee. Or another appointment can be arranged free of charges.
    • If less than four hours have been given, then a 100% cancellation charge will be applied. All cancellations must be in e-mail format addressed to info@aegcleaning.co.uk or by calling 0207 998 3113 followed up by an e-mail.

  1. Indemnity
    • 9.1The Company shall indemnify and hold harmless the Customer against any and all claims, demands, proceedings, damages, penalties, costs, losses, liabilities and expenses of any kind arising out of the negligent performance of the Services or the failure to render them.
    • 9.2The Customer shall indemnify and hold harmless the Company against any and all claims, demands, proceedings, damages, penalties, costs, losses, liabilities and expenses of any kind arising out of the Customer’s breach of these Terms and Conditions or of the Agreement.
  1. Liability
    • 10.1Subject to the provisions of Clause 8 the Company’s total liability for any loss or damage caused as a result of its negligence or breach of these Terms and Conditions or the Agreement (or that of the Staff) shall be limited to £1 million pounds.
    • 10.2The Company is not liable for any loss or damage suffered by the Customer which results from the Customer’s failure to follow any instructions given by the Company.
    • 10.3Nothing in these Terms and Conditions shall limit or exclude the Company’s liability for death or personal injury.
  1. Data Protection
  1. Force Majeure
    • 12.1No Party to the Agreement will be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
    • 12.2 In the event that a Party to the Agreement cannot perform their obligations thereunder as a result of force majeure for a continuous period of 30 days, the other Party may at its discretion terminate the Agreement by written notice at the end of that period. In the event of such termination, the Parties shall agree upon a fair and reasonable payment for all Services completed up to the date of termination. Such payment shall take into account any prior contractual commitments entered into in reliance on the performance of the Agreement.
  1. Termination
    • 13.1The Company shall be entitled to terminate the Agreement in the event that:
      • 13.1.1The Customer has failed to pay the Monthly Fee to the Company for a period exceeding two consecutive months and fails or refuses to do so following the expiry of a written notice from the Company requesting such payment within 30 days; or
      • 13.1.2The Customer demands services which do not form part of the Services and which are not covered by these Terms and Conditions or the Agreement.
    • 13.2The Customer shall be entitled to terminate this Agreement in the event that:
      • 13.2.1The Company fails on more than 3 consecutive occasions within a period of 12 consecutive months to render the Services to the Customer in a timely manner and in accordance with these Terms and Conditions and the Agreement; or
      • 13.2.2The Company provides inferior Services, damaging the Customer’s property or the Premises and causing loss to the Customer.
    • 13.3Either Party may immediately terminate the Agreement by giving written notice to the other Party if:
      • 13.3.1the other Party commits any other breach of any of the provisions of the Agreement and, if the breach is capable of remedy, fails to remedy it within 90 Business Days after being given written notice giving full particulars of the breach and requiring it to be remedied;
      • 13.3.2an encumbrancer takes possession, or where the other Party is a company, a receiver is appointed, of any of the property or assets of that other Party;
      • 13.3.3the other Party makes any voluntary arrangement with its creditors or being a company, becomes subject to an administration order (within the meaning of the Insolvency Act 1986);
      • 13.3.4the other Party, being an individual or firm, has a bankruptcy order made against it or being a company, goes into liquidation (except for the purposes of bona fide amalgamation or re-construction and in such a manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on that other Party under the Agreement);
      • 13.3.5anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other Party;
      • 13.3.6that other Party ceases, or threatens to cease, to carry on business; or
      • 13.3.7control of that other Party is acquired by any person or connected persons not having control of that other Party on the date of the Agreement. For the purposes of this Clause 12, “control” and “connected persons” shall have the meanings ascribed thereto by Sections 1124 and 1122 respectively of the Corporation Tax Act 2010.
    • 13.4For the purposes of sub-Clause 12.3.1, a breach shall be considered capable of remedy if the Party in breach can comply with the provision in question in all respects.
  1. Effects of Termination
  • Upon the termination of the Agreement for any reason:
  • 14.1any sum owing by either Party to the other under any of the provisions of the Agreement shall become immediately due and payable;
  • 14.2all Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement shall remain in full force and effect;
  • 14.3termination shall not affect or prejudice any right to damages or other remedy which the terminating Party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any Party may have in respect of any breach of the Agreement which exist at or before the date of termination; and
  • 14.4subject as provided in this Clause 13 and except in respect of any accrued rights neither Party shall be under any further obligation to the other.
  1. No Waiver
      No failure or delay by either Party in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
  1. Further Assurance
      Each Party shall execute and do all such further deeds, documents and things as may be necessary to carry the provisions of the Agreement into full force and effect.
  1. Costs
      Subject to any provisions to the contrary each Party shall pay its own costs of and incidental to the negotiation, preparation, execution and carrying into effect of the Agreement.
  1. Set-Off
      Neither Party shall be entitled to set-off any sums in any manner from payments due or sums received in respect of any claim under the Agreement or any other agreement at any time.
  1. Assignment and Sub-Contracting
    • 19.1
      • Subject to sub-Clause 18.2 The Agreement shall be personal to the Parties. Neither Party may assign, mortgage, charge (otherwise than by floating charge) or sub-licence or otherwise delegate any of its rights thereunder, or sub-contract or otherwise delegate any of its obligations thereunder without the written consent of the other Party, such consent not to be unreasonably withheld.
    • 19.2
      • The Company shall be entitled to perform any of the obligations undertaken by it through any other member of its group or through suitably qualified and skilled sub-contractors. Any act or omission of such other member or sub-contractor shall, for the purposes of the Agreement, be deemed to be an act or omission of the Company.
  1. Time
    • 20.1
      • The Parties agree that all times and dates referred to in the Agreement shall be of the essence of the Agreement.
  • OR
  • 20.2
    • The Parties agree that the times and dates referred to in the Agreement are for guidance only and are not of the essence of the Agreement and may be varied by mutual agreement between the Parties.
  1. Relationship of the Parties
      Nothing in the Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in the Agreement.
  1. Third Party Rights
      No part of the Agreement is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement.
  1. Notices
    • 23.1All notices under the Agreement shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
    • 23.2Notices shall be deemed to have been duly given:
      • 23.2.1when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
      • 23.2.2when sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or
      • 23.2.3on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
      • 23.2.4on the tenth business day following mailing, if mailed by airmail, postage prepaid.
  1. Entire Agreement
    • 24.1The Agreement contains the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.
    • 24.2Each Party shall acknowledge that, in entering into the Agreement, it does not rely on any representation, warranty or other provision except as expressly provided in the Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
  1. Counterparts
      The Agreement may be entered into in any number of counterparts and by the Parties to it on separate counterparts each of which when so executed and delivered shall be an original, but all the counterparts together shall constitute one and the same instrument.
  1. Severance
      In the event that one or more of the provisions of the Agreement and/or of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Agreement and/or these Terms and Conditions. The remainder of the Agreement and/or these Terms and Conditions shall be valid and enforceable.
  1. Dispute Resolution
    • 27.1The Parties shall attempt to resolve any dispute arising out of or relating to the Agreement through negotiations between their appointed representatives who have the authority to settle such disputes.
    • 27.2
      • If negotiations under sub-Clause 26.1 do not resolve the matter within 90 days of receipt of a written invitation to negotiate, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (“ADR”) procedure.
    • 27.3
      • If the ADR procedure under sub-Clause 26.2 does not resolve the matter within 90 days of the initiation of that procedure, or if either Party will not participate in the ADR procedure, the dispute may be referred to arbitration by either Party.
    • 27.4The seat of the arbitration under sub-Clause 26.3 shall be England and Wales. The arbitration shall be governed by the Arbitration Act 1996 and Rules for Arbitration as agreed between the Parties. In the event that the Parties are unable to agree on the arbitrator(s) or the Rules for Arbitration, either Party may, upon giving written notice to the other Party, apply to the President or Deputy President for the time being of the Chartered Institute of Arbitrators for the appointment of an arbitrator or arbitrators and for any decision on rules that may be required.
    • 27.5Nothing in this Clause 26 shall prohibit either Party or its affiliates from applying to a court for interim injunctive relief.
    • 27.6The decision and outcome of the final method of dispute resolution under this Clause 26 shall [not] be final and binding on both Parties.
  1. Law and Jurisdiction
    • 28.1The Agreement and these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
    • 28.2Subject to the provisions of Clause 26, any dispute, controversy, proceedings or claim between the Parties relating to the Agreement or these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
  1. The Carbon Footprint Generator
    • The Calculator are on average of supermarket brand products being used one day a week. You can multiply this by ne number of days you clean to get your weekly, monthly and yearly totals.
    • You will then see how AEG Cleaning Services can reduce this figure. We use carbon natural supplies which are locally sourced and keep the footprint as low as possible.
    • To keep your footprint to the levels that have been produced for your estimate, We recommend you continue to use AEG Products. On your first clean a Complimentary Selection is provided at no cost.