Service Agreement Terms and Conditions
THIS AGREEMENT is made 1st June 2018
(1) Britannia Integrated Services Ltd (abbreviated to BRITANNIA INTEGRATED SERVICES LTD) [a company registered in England & Wales registration number 11444746 whose registered office is 71 – 75 Shelton Street London, WC2H 9JQ, United Kingdom (“the Service Provider”) and
(2) The consumer (yourself)
WHEREAS: (1) The Service Provider provides cleaning (Services) to consumer clients and has reasonable skill, knowledge and experience in that field.
(2) The Client wishes to engage the Service Provider to provide the services set out in this Agreement, subject to the terms and conditions of this Agreement.
(3) The Service Provider agrees to provide the services set out in this Agreement to the Client, subject to the terms and conditions of this Agreement.
IT IS AGREED as follows:
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business Day” means any day other than a Saturday, Sunday or bank holiday;
“Calendar Day” means any day of the year;
“Deposit” means an advance payment made to Us under subClause 3.3;
“Month” means a calendar month;
“Price” means the price payable for the Services as fully detailed in Schedule 2;
“Services” means the services which are to be provided by Us to You as specified in Schedule 1; “We/Us/Our” means the Service Provider, Britannia Integrated Services Ltd, a company registered in England under 11444746 of 71 – 75 Shelton Street, London , WC2H 9JQ, United Kingdom and includes all agents of BRITANNIA INTEGRATED SERVICES LTD
"You/Your" means the client/customer/consumer making the booking
"BRITANNIA INTEGRATED SERVICES LTD" means Britannia Integrated Services Limited
1.2 Each reference in this Agreement 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 “this Agreement” is a reference to this Agreement and each of its Schedules as amended or supplemented at the relevant time.
1.5 Each reference to a Schedule is a reference to a schedule to this Agreement.
1.6 The headings used in this Agreement are for convenience only and shall have no effect upon the interpretation of this Agreement.
1.7 Each reference to the singular number shall include the plural and vice versa.
1.8 Each reference to any gender shall include the other gender.
1.9 References to persons shall include corporations.
2. The Contract
2.1 This Agreement governs the provision of Services by Us and embodies the contract between Us and You. Before signing this Agreement, please ensure that You have read it carefully. If You are unsure about any part of this Agreement, please contact Us for clarification.
2.2 A legally binding contract between Us and You will be created upon our mutual acceptance of this Agreement, indicated by Us and You signing this Agreement.
3. Price and Payment
3.1 The Price payable for the Services is detailed in Schedule 2.
3.2 Before We begin providing the Services, You will be required to pay a Upfront of total amount due of the total Price for the Services.
3.3The due date for payment of Your payment is immediate or at least 48 hrs prior to commencement of job.
3.4 In certain circumstances, if the Services are cancelled, Your Money may be refunded in full or in part. The amount due will be calculated based upon the Price for the Services and the amount of work (if any) already undertaken by Us. Please refer to Clause 8 for details of cancellation.
If your booked and paid service requires us to BLOCK INVENTORY (reserve/hire equipment/materials/staff) then this service in not fully refundable and you will be clearly notified of this when we provide you the free quote. You may cancel 24 hrs prior to commencement of the job however BRITANNIA INTEGRATED SERVICES LTD reserves the right to retain a sum of the money which it has invested in blocking inventory for your paid service, plus administration time. You will be notified of the sum of money that is non refundable on the free quote.
3.5 The balance of the Price will be payable in advance during the provision of the Services.
3.6 We accept the following methods of payment:
3.6.1 BACS to Britannia Integrated Services Ltd, Sort Code : 20 92 63, Account Number : 0323 4118
3.6.2 CHQ Payable to Britannia Integrated Services Ltd.
3.7 If You do not make payment to Us by the due date as shown on the relevant invoice, We may charge You interest on the overdue sum at the rate of 8% per annum above the base lending rate of Bank of England from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgement. You must pay any interest due when paying an overdue sum.
3.8 The provisions of sub-Clause
3.8 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
4. Providing the Services
4.1 We will begin providing the Services agreed by us and on the time and date specified by you where possible. If we could not carry out the service we would refund t
4.2 We will continue providing the Services as per your bookings.
4.3 We will make every reasonable effort to complete the Services on time (and in accordance with the specification in Schedule 1). We cannot, however, be held responsible for any delays if an event outside of Our control occurs.
Please see Clause 7 for events outside of Our control.
4.4 If We require any information from You in order to provide the Services, We will inform You of this as soon as is reasonably possible. We may require information such as
4.5 If the information You provide under sub-Clause 4.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information that You have provided We may charge You a reasonable additional sum for that work.
4.6 In certain circumstances, for example where there is a delay in You sending Us information required under sub-Clause 4.4, We may suspend the Services (and will inform You of that suspension in writing).
4.7 In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention, We will inform You in advance in writing before suspending the Services.
4.8 If the Services are suspended under sub-Clauses 4.6 or 4.7, You will not be required to pay for them during the period of suspension. You must, however, pay any invoices that You have already received from Us by their due date(s).
4.9 If You do not pay Us for the Services as required by Clause 3, We may suspend the Services until You have paid all outstanding sums due. If this happens, We will inform You in writing. This does not affect Our right to charge You interest under sub-Clause 3.8.
5. Problems with the Services
5.1 We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services We request that You inform Us as soon as is reasonably possible [(You do not need to contact Us in writing in this case)].
5.2 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical within 72 hours (excluding weekends)
5.3 We will not charge You for remedying problems under this Clause 5 where the problems have been caused by Us or any of Our agents or subcontractors [or where nobody is at fault]. If We determine that a problem has been caused by incorrect or incomplete information provided by You, sub Clause 4.5 will apply and We may charge You for remedial work.
5.4 As a consumer, You have certain legal rights with respect to the purchase of services. We are, for example, required to provide the Services with reasonable care and skill. You also have remedies if We use materials that are faulty or incorrectly described. More information on Your rights as a consumer can be obtained from Your local Citizens Advice Bureau or from the Office of Fair Trading.
6. Our Liability
6.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of this Agreement or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the contract is created. We will not be responsible for any loss or damage that is not foreseeable.
6.2 We provide Services for domestic and private use (or purposes). We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind [(including resale)]. By entering into this Agreement, You agree that You will not use the Services for such purposes. 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.
6.3 If We are providing Services in Your property and We cause any damage, 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 Services.]
6.4 Nothing in this Agreement seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
6.5 Furthermore, nothing in this Agreement seeks to exclude or limit Our liability for the following with respect to Your rights as a consumer:
6.5.1 Breach of Your right to title and quiet possession as implied by section 2 of the Supply of Goods and Services Act 1982;
6.5.2 Breach of terms relating to description, satisfactory quality, fitness for purpose and samples as implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982; and
6.5.3 Our liability relating to defective products as set out in the Consumer Protection Act 1987.
6.6 BRITANNIA INTEGRATED SERVICES LTD is insured for up to £1,000,000 for public liability.
6.7 BRITANNIA INTEGRATED SERVICES LTD is insured for up to £5,000,000 for employers liability.
7. Events Outside of Our Control (Force Majeure)
7.1 We will not be liable for any failure or delay in performing Our obligations under this Agreement where that 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, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
7.2 If any event described under this Clause 7 occurs that is likely to adversely affect Our performance of any of Our obligations under this Agreement:
7.2.1 We will inform You as soon as is reasonably possible;
7.2.2 Our obligations under this Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
7.2.3 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
7.2.4 If the event outside of Our control continues for more than 30 days, We will cancel this Agreement and inform You of the cancellation. Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible; 7.2.5 If an event outside of Our control occurs and You wish to cancel this Agreement, You may do so in accordance with Your right to Cancel under sub-Clause 8.2.3.
8.1 You are free to cancel the Services and this Agreement with notice of 24 hrs before We begin providing them. This EXCLUDES any bookings made using our promotional offers.
If you fail to cancel 24 hours prior to the commencement of job we shall charge you the full sum of money for the booking.
If your booked and paid service requires us to BLOCK INVENTORY (reserve/hire equipment/materials/staff) then this service is only part refundable. You may cancel 24 hrs prior to commencement of the job however BRITANNIA INTEGRATED SERVICES LTD reserves the right to retain a sum of the money which it has invested in blocking inventory for your paid service, plus administration time.
Any services booked under a promotional rate are NON REFUNDABLE at any point. Promotional services are non transferable and non exchangeable once the services has commenced. If services are not completed due to reasons out of BRITANNIA INTEGRATED SERVICES LTD control we will not re attend to complete the services as we have already incurred call out charges.
For long term jobs/regular bookings You can cancel the Services and this Agreement at any time by giving Us 30 days Calendar notice (this does not include any bookings made under promotional rates). If You have made any payment to Us for any Services We have not yet provided, these sums will be refunded to You within 30 days. If We have provided 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 3.
8.2 If any of the following occur, you may cancel the Services and this Agreement immediately by giving Us written notice. If You have made any payment to Us for any Services We have not yet provided, these sums will be refunded to You. If We have provided 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 3.
8.2.1 We have breached this Agreement in any material way and have failed to remedy that breach within 30 days of You asking Us to do so in writing; or
8.2.2 We enter into liquidation or have an administrator or receiver appointed over Our assets; or
8.2.3 We are unable to provide the Services due to an event outside of Our control (as under sub-Clause 7.2.5); or
8.2.4 We wish to change the terms of this Agreement to Your material disadvantage.
8.3 Once We have begun providing the Services, We may cancel the Services and this Agreement at any time by giving You 30 days written notice. If You have made any payment to Us for any Services We have not yet provided, these sums will be refunded to You. If We have provided 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 3.
8.4 If any of the following occur, We may cancel the Services and this Agreement immediately by giving You written notice. If You have made any payment to Us for any Services We have not yet provided, these sums will be refunded to You. If We have provided 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 3. We will not be required to give notice in these circumstances:
8.4.1 You fail to make a payment on time as required under Clause 3 (this does not affect Our right to charge interest on overdue sums under sub-Clause 3.8); or
8.4.2 You have breached the Contract in any material way and have failed to remedy that breach within 30 days of Us asking You to do so in writing; or
8.4.3 We are unable to provide the Services due to an event outside of Our control (for a period longer than that in subClause 7.2.4).
8.5 For the purposes of this Clause 8 (and in particular, sub-Clauses 8.2.1 and 8.4.2) a breach of this Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating Party (i.e. You under sub-Clause 8.2.1 and Us under sub-Clause 8.4.2). 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.
8.6 Any Services booked with promotional rates are non refundable.
8.7 Services booked must be rendered as per the booking date and time. If services are not rendered for reasons out of BRITANNIA INTEGRATED SERVICES LTD control, we are unable to process a refund. It is BRITANNIA INTEGRATED SERVICES LTD discretion to try to re book the services however this will incur administrative and call out charges starting at £80. We are only able to re book and accommodate this as per our availability and subject to all out charges being paid in full prior to date of services booked. We are only able to accommodate one cancellation.
9. Communication and Contact Details
9.1 If You wish to contact Us with questions or complaints, You may contact Us by email at email@example.com
9.2 In certain circumstances You must contact Us in writing (as stated in various Clauses throughout this Agreement). When contacting Us in writing You may use the following methods:
9.2.1 Contact Us by email at firstname.lastname@example.org; or
9.2.2 Contact Us by post at Britannia Integrated Services Ltd , [ 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ].
10. How We Use Your Personal Information (Data Protection)
10.1 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.
10.2 We may use Your personal information to:
10.2.1 Contact you, Provide a Quote for the Services and also Provide the Services to You.
10.2.2 Process Your payment for the Services.
10.2.3 Inform You of new products and services available from Us. You may request that We stop sending You this information at any time.
10.2.4 In certain circumstances (if, for example, You wish to pay for the Services on credit), and with Your consent, We may pass Your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold Your personal information accordingly.
10.2.5 We will not pass on Your personal information to any other third parties [without first obtaining Your express permission].
11. Other Important Terms
11.1 We may transfer (assign) Our obligations and rights under this Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs You will be informed by Us in writing. Your rights under this Agreement will not be affected and Our obligations under this Agreement will be transferred to the third party who will remain bound by them.
11.2 You may not transfer (assign) Your obligations and rights under this Agreement without Our express written permission (such permission not to be unreasonably withheld).
11.3 This 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 this Agreement.
11.4 If any of the provisions of this Agreement are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of this Agreement. The remainder of this Agreement shall be valid and enforceable.
11.5 No failure or delay by Us or You in exercising any of our respective rights under this agreement means that such right has been waived, and no waiver by Us or You of a breach of any provision of this Agreement means that either Party will waive any subsequent breach of the same or any other provision.
11.6 Minimum booking per job is 2 hours.
11.7 All prices differ and are subject to postcode and availability.
12. Governing Law and Jurisdiction
12.1 This Agreement (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.
12.2 Any dispute, controversy, proceedings or claim between Us and You relating to this Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of England and Wales.
13. Promotional offers
13.1 Home cleaning 10% OFF, first home cleaning booking only. As this service is a promotional offer once paid it is non refundable
13.2 One coupon per customer.
13.3 Cannot be combined with other offers.
13.4 Quote coupon code TENOFF. EXPIRED - NOT IN CIRCULATION.
13.4 End of tenancy deep clean 10% OFF, ONE end of tenancy clean only when purchased at full price. At our slashed promotional rates this 10% cannot be applied. Both services 10% off or slashed prices promotion remain non refundable at any point.
13.5 One coupon per customer.
13.6 Cannot be combined with other offers.
13.7 Quote coupon code TENTENOFF or SLASHED PRICES.
13.8 Refer a family or friend to Britannia Integrated Services LTD for Our home cleaning services.
13.9 On successful completion of their first home cleaning booking, You are eligible for 6 months of home cleaning bookings, and 10% off each booking. One promotion per client. This promotional offers remains valid for the client so as long as their referred property continues to book cleaning services from us on a weekly or fortnightly basis. The promotion expires prematurely if the referred property does not book cleaning with us in the designated 6 months period from commencement of the promotion. As this service is a promotional offer once paid it is non refundable one paid for.
13.10 There are no limits to the number of home cleaning bookings you can make in these 6 months.
13.11 Cannot be combined with other offers.
13.12 Quote coupon code 6TENOFF. EXPIRED - NOT IN CIRCULATION.
13.13 Reduced rates £11 per hr on regular weekly home clean bookings. NOT IN CIRCULATION.
13.14 A one month payment in advance must be made to make use of this promotional rate of £11 per hr. A minimum of 2 hours per booking.
13.15 The booking may be cancelled for a full refund up to 24 hours prior to commencement of the first job.
13.16 A total of 4 (weekly) or 2 (fortnightly) home cleaning sessions are required to be booked for one month in advance to take advantage of £11 per hr rate. If the service has been commenced for the month and one home clean job has been completed then we are unable to refund any monies to the client for any of the 3 paid remaining bookings.
13.17 Should the client not be eligible for a refund (clause 13.16) the client retains the option to re schedule any bookings with a 48 hr notice, and may roll over any bookings to the following consecutive 30 days, subject to staff availability.
13.18 Cleaning services booked at exclusive promotional rate of £10 per hour are non refundable. This rate of £10 per hr is offered to customers subject to postcode and availability of staff. This reduced promotional rate is valid until 31st December 2018 and only applicable to domestic cleaning. NOT IN CIRCULATION
13.19 Any services that have been booked with a promotional discount, remain non refundable. All bookings at full price and promotional rates are non transferable and non exchangeable for services.
14.0 Confirming bookings
14.1 On request of a free non obligatory quote, to confirm the booking You must make a payment to Britannia Integrated Services LTD.
14.2 The commencement of any services from Britannia Integrated Services LTD is subject to payment in clear funds to Britannia Integrated Services LTD.
14.3 The free non obligatory quote is valid for 7 days.
15.0 BRITANNIA INTEGRATED SERVICES LTD is fully insured. We have indemnity cover for up to £1, 000, 000 (public and products liability insurance). For more information on this feel free to contact us.
16.0 BRITANNIA INTEGRATED SERVICES LTD is fully insured. We have indemnity cover for up to £5, 000, 000 (employers liability insurance). For more information on this feel free to contact us.
All cleaners registered with Britannia Integrated Services Ltd have had an identity check and a right to work in the UK check done.
18.0 Use of photographs
As part of quality control check we do ask clients to take photographs of the cleaning and email/message to us. It is our company's method of being able to monitor cleaning and ensuring the standards are high and consistent. The photographs are taken by the clients themselves, of their choice as a sample of quality control check for BRITANNIA INTEGRATED SERVICES LTD. We always ask clients to ensure the photographs do not breach their privacy. We will always ask the clients consent to use their photographs on our social media for advertising our services, this could be on our website or any of our social media gallery/pages. If the client does not give permission for these photographs to be used BRITANNIA INTEGRATED SERVICES LTD will not use them.
We always take photos of our deep/end of tenancy or after builder cleans after the job is completed. Mainly of bathrooms and kitchen and unoccupied bedrooms. These are kept confidential on file for only 1 week after the clean. Once the customer is satisfied or does not raise any issues these are permanently deleted. This is our way of keeping evidence of the cleaning and work we have done should there be any potential dispute or querys regarding the quality of work.
BRITANNIA INTEGRATED SERVICES LTD endeavour to remove stains, erosion's, mould, limescale, but it is not guaranteed by the service - the pre existing condition of the property will vary the outcome.
19.0 Additional charges
BRITANNIA INTEGRATED SERVICES LTD reserves the right to charge additional costs for materials, congestion charge (if applicable), parking and other costs not covered in the service cost.
20.0 48 hours Rest Assured Guarantee
We understand fully that human error may occur and that sometimes the cleaning may be unsatisfactory or not to checkout standards hence we we will re clean for free (this is a touch up). All unclean areas must be photographed and sent to us at the soonest opportunity but within 48 hours of the clean. We will utilise the photographs of any unclean areas and compare them with our company standards under our 'what to expect' checklist. If we have under performed compared to our company standards we will certainly arrange a free re clean subject to availability. We endeavour to achieve this within 7 working days. Please note the free re clean is a touch up of an already cleaned property (but has not met company standards) and usually takes 1-2 hours, (it is not a re booking of an end of tenancy cleaning which has more hours and labour).
If staff are given any cleaning instructions by the client upon arrival (eg: that were not factored into the original quote) or if staff are diverted by the customer from their 'what to expect' cleaning checklist, asked to clean areas not included in the checklist/quote then your satisfaction rest assured guarantee is no longer in place for that clean. In this instance if a re clean touch up is required it will be on BRITANNIA INTEGRATED SERVICES LTD discretion.
PLEASE NOTE: all electrical appliances switched off and empty of any contents before the clean. Cabinets must be empty of any organic contents before the clean.
We do not include the cleaning of any external aspects of the property in our quotes, if these are required we must factor in additional cleaning time (balcony, external windows, external doors (front and back door)).
Please ensure the move out has occurred before our team arrives to clean - we cannot guarantee an end of tenancy cleaning service for 48 hours if the move out has not occurred before the clean.
21.0 One carpet deep clean shampoo for commercial contracts is free upon signing a 2 year or more term cleaning contract with BRITANNIA INTEGRATED SERVICES LTD. The carpet deep clean is limited to a space of 2 double bedrooms. Any additional space requiring carpet shampoo will incur charges and will be discussed with you before booking. The carpet deep clean must be completed before the completion of the first 12 months of service on a 2 plus year contract term.
22.0 Sole trader
Customers are reminded that they must not approach or have any of Britannia Integrated Services sole traders working privately for them. Upon termination of services with Britannia Integrated Services LTD customers are reminded it is a breach to have any sole trader that Britannia Integrated Services LTD has provided to work for them privately for up to 2 years after termination.
23.0 This contract
Upon receiving any service from Britannia Integrated Services LTD, you as a client agree to accept these terms and conditions outlined (1-23 above).