Contract Terms Maintenance Services
This page is our contract terms and conditions for commercial contracts of
and is presented by DT Cleaning/DT Cleaning & Maintenance Services.
Terms and Conditions of Commercial Contracts
Setting new standards for commercial cleaning contracts, DT Cleaning & Maintenance Services always want to make sure that the service we provide to your business is professional, outstanding and at the same time, represent what we believe to be value for money. As the years have progressed in our commercial cleaning expertise, we have always looked at ways of making sure that any agreement between ourselves and the client, is easy to understand, and without any hidden agenda. With this in mind, we have produced this page which outlines in principle, the contract agreement that we and you will be governed by. Please read these terms and conditions carefully as they do form a legally binding contract between us and yourselves. Your acceptance of these terms and conditions are agreed upon, either verbally, in writing, commencement of the contract, or by virtue of continued payments that you make to us, as all invoices clearly show the URL for customers to view the Terms and Conditions of Service.
If there is anything that you are unsure of, please contact us.
1.1 Our terms and conditions as shown below come into force when a contract (service agreement, also referred to as a regular service contract) is either agreed upon verbally, or by writing, or by the first payment made to us by the client. This contract is between you (the client, the customer, the payee) and the company (us, we, DT Cleaning & Maintenance Services), and is also active at the time of commencement when work is first undertaken by us for you.
1.2 You agree that any use of the services that is provided by DT Cleaning & Maintenance Services on a basis of regular work (regular work is defined as being of a repeating nature, daily, weekly, fortnightly or monthly), shall constitute your acceptance of our Terms and Conditions as shown on this page.
2. The Service:
2.1 The service provided by us will have been outlined either verbally or by written agreement before commencing the contract with you. Whilst we are happy to help where we can, there are times when the service requirements may change, or times when either you or we, find that there has been a problem which needs rectifying. If you are not happy with the standard of agreed level of service provided by DT Cleaning & Maintenance Services, we will endeavour to put this right within 7 working days, providing that the issue relates to a specific part of the job that was included within the original agreement (be that verbal or written). You would have 24 hours to make any such complaint in writing, stating clearly the issue of concern.
2.2 All our staff are trained during an induction course/programme prior to any work being undertaken by them for you.
2.3 Due to health and safety requirements, and restrictions on insurance matters, we cannot use any types of heat guns in the course of our cleaning service to you. Furthermore we will not move any items of heavy furniture that may cause secondary damages to either floors, carpets, walls etc.
2.4 Right of access - it is the clients responsibility to ensure that DT Cleaning & Maintenance Services or its employees have full tidy, clear and unrestricted access to the property or windows being cleaned. Particularly desks should be left clear and tidy by your staff before the commencement of our cleaning services, as we are there to clean, not clear up after your employees.
2.5 Any cleaning task that has not been previously agreed (either verbally or written), should be requested by you. If these supplementary tasks or additional cleaning duties are approved by us, they will be deemed as "Chargeable Extras", and therefore will be invoiced according to time spent, products used and labour costs. Once these chargeable extras are carried out they will be charged accordingly, and payable either on completion, or added to the next payment due by yourselves.
2.6 There are no services on any of these days - Christmas Eve, Christmas Day, Boxing Day, New Year’s Eve or New Year’s Day, unless otherwise previously agreed. Services carried out on any of these days are chargeable at the normal daily rate times 3.
An example would be you are paying £27.00 per session, therefore on any of these days the session rate would be £81.00. Additionally if your business would normally be closed on a recognised public bank holiday there will be no service, but the charges applicable to your service contract will be still be payable by you at the normal daily rate.
2.7 Should for any reason we find that we are unable to fulfill any committment towards you;
An example might be that due to reasons beyond our control, our cleaning team did not arrive on a scheduled day, time or date then our MAXIMUM liability for costs would be equal to the daily rate of your charges, and if in exceptional circumstances, this was to exceed 5 working days, then our MAXIMUM liability would be only for 5 days at the daily rate that we were charging you.
3. Pricing, Invoicing and Payment Terms:
3.1 Pricing will have been agreed with you at the time of either:
3.1.2 The commencement of the contract;
3.1.3 The updated costs and pricing as the contract has moved on or varied;
3.1.4 At any time within the contract period where changes have been made, or additional services have been requested, or required.
3.2 ALL commercial payments are to be made weekly if the contract is carried out daily, unless otherwise agreed. Contracts wishing to pay monthly will be requested to make a full advance payment of one month in advance. There are no exceptions to this rule. However, we are happy to provide you with monthly statements even if you do pay weekly to help keep down paper costs, and help with reducing your time in managing weekly invoices.
3.3 All payments must be made upon presentation of the invoice, or within an agreed period of time between us and yourselves. Failure to make any payments on time will result in a £25.00 administration charge, plus any additional interest charges for late payment as shown on your invoice(s).
3.4 Payments must be made by the method agreed with you beforehand. Any rejected payments to us returned as "unpaid" will result in a £25.00 administration charge plus any bank charges that may have been incurred by us when the payment was returned.
3.5 Where practical and possible we now operate a "paperless billing system", which means that invoices will be sent by email to your registered business email address in a PDF printable way. These types of invoices not only save paperwork and ink, but will help cut down on both yours and ours filing considerations. If you would like to still receive paper invoices, then please let us know.
3.6 Existing customers will be given at least 14 days notice of any price changes, and price changes are subject to review at anytime after the contract has commenced.
3.7 Contracts are priced on a "need by need" basis and therefore there is not always a set hourly rate. The session rate is calculated on the work required, not necessarily the time spent there to achieve the results of fulfilling the service agreement.
4. Health & Safety:
4.1 To safeguard DT Cleaning & Maintenance Services and its staff, they are instructed not to enter an environment that may be considered dangerous, hazardous or impede their ability to perform the cleaning tasks that they have not been contracted to do. In the event that this might happen because the client has failed in their duty to properly inform us of any changes, the customer will be charged the payment due at the full agreed rate.
4.2 It is the clients responsibility to ensure that DT Cleaning & Maintenance Services or its employees have full tidy, clear and unrestricted access to the property or windows being cleaned. The moving of any heavy objects is not covered by our insurance, nor are our employees permitted (unless otherwise agreed) to work at height. Under our own health and safety regulations, it is an obligation upon us to safeguard and protect our staff's safety and welfare whilst working for us.
5.1 Any equipment provided by DT Cleaning & Maintenance Services in connection with performing our service to you is the sole property of ourselves. This means that if equipment is left on site for use in connection with the service contract, that neither yourselves, your employees or anyone else, may use that equipment. Any equipment used and to be found damaged by yourselves will be repaired, or replaced at entirely your own cost. Any equipment you may supply for use in connection with the service contract is entirely at your own risk.
6. Security and Client Confidentiality:
6.1 DT Cleaning & Maintenance Services provide security for your key(s) and personal or private data at all times. We take very seriously our obligation to maintain privacy and security for your business, and as such we will never disclose (unless otherwise agreed), any information pertaining to your contract agreement with us. Equally we request that the client observes the same standards of privacy and confidentiality towards us.
7. Cancellation of Contract, or change of circumstances:
7.1 All commercial contracts carry at least a MINIMUM of 56 days notice by the customer if they wish to change, alter or terminate the service contract. To find out how long your contract agreement has been in place, check the invoices that you have been issued with. Look at your customer ID number and the last 4 digits represent the month and the year. Example 0497 would be April 1997. This period of notice increases if the service contract has been in force accordingly to the schedule below -
7.1.2. Contract in force between 15 days and 1 year is 56 days (approximately 2 months);
7.1.3. Contract in force between 1 year and 5 years is 84 days (approximately 3 months);
7.1.4. Contract in force between 5 years and 10 years is 112 days (approximately 4 months);
7.1.5. Contract in force for longer than 10 years is 168 days (approximately 6 months)
7.2 In the event of a cancellation of the service agreement, the client must provide us with a written letter or email communication stating that they wish to cancel or terminate the service agreement.
7.3 Change of circumstances - sometimes there will be reasons why the contract or service agreement may need to alter, such as clients relocating to new or different premises, modernisation or changes to existing premises, changes to working times and hours. In any of these events the same schedule as stated in 7.1.2 through to 7.1.5. applies.
7.4 Contract re-tendering - if for some reason a contract changes in a significant way, and we have provided a service to the client for a period of more than 1 year, then we respectfully require that we are given the opportunity to re-tender for a new, or replacement contract, unless the client can adequately demonstrate by previous written correspondence that there has been a consistent failure of ours in providing the previous contracted services, or that they could reasonably demonstrate that there had been a failure on our part to put right any possible or previous issues.
7.5 In the event that DT Cleaning & Maintenance Services are unable to gain access to the clients property due to circumstances beyond our control, or the customers failure to arrange reasonable alternatives, then the FULL cancellation amount will be applicable.
7.6 In the event that any service contract is not terminated or cancelled according to the conditions as outlined in 7.1 to 7.5 inclusive, then at the sole discretion of DT Cleaning & Maintenance Services we may either -
7.6.1 Accept the cancellation of the service contract with no dispute or
7.6.2 Accept the cancellation of the service contract but demand any payments of notice that were not given (in other words payment for services contracted but not carried out because the client failed to give the correct amount of notice) for the remaining period beyond the schedule as outlined in 7.1.2 through to 7.1.5. plus an administration charge of £25.00, plus any late payment fees.
7.7 If the contract or service agreement has not been cancelled in accordance with these terms and conditions as outlined in 7.1 to 7.5, then at the end of the notice period you have given us, any notice time that is remaining shall be invoiced and payable within 14 days of the notice period date (or expiration date of your notice given to us). If payment is not made within the 14 day period, you will have a remaining 14 days period of grace to make the payment. If no payment is then made, we reserve the right then to start legal proceedings against you without any further notice to yourselves.
Example: A service contract is started on 5th April 1996, and the client cancels the contract on 10th March 2006. The client has only given us 56 days notice but the service contract has been in force for a period of 9 years but not exceeding 10 years. Legally they should have as per these terms and conditions actually given us 112 days notice, and therefore the client has actually defaulted by a further 56 days. We as a company will carry out the 56 days notice they have given us for which payments are being made, and then the client because they have failed to give the correct period of notice, would be invoiced on 10th March 2006 for the remaining 56 days that they should have given, and their 56 day remaining notice period payment would be due no later than 24th March 2006, or with a grace period, at the latest 7th April 2006. If payment was not made within this time period then we would reserve the right then to start legal proceedings to recover the outstanding payment(s).
8. Indemnity Insurances:
8.1 DT Cleaning & Maintenance Services have public and employers liability insurance as per good business practice and legal requirement. A notice of our Employers Liability is posted at each commercial contract for inspection, and a copy of it may be requested by any existing clients who need to validate that we are adequately covered for insured risks.
8.2 Any damages, or loss of property must be reported to us immediately in writing. In the event of damage or loss as a result of negligence, the liability of DT Cleaning & Maintenance Services shall be limited at our sole discretion to either -
8.2.1 Repair the item taking into account the age and condition of the item at that time of damage;
8.2.2 Or replace the item taking into account the age and condition of the item at that time of damage.
8.3 DT Cleaning & Maintenance Services (its directors, company owners, management or staff) shall not be liable in any event for any loss of profit or consequential loss incurred by the client or their business. Nor will we accept any liability for damages to windows, articles of glass, china, earthenware, stone, or any other articles considered by us to of a brittle, delicate or antique nature.
9. Applicable Law and Dispute:
9.1 This Agreement and all matters arising from it are governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be England.
10. Changes to this agreement:
10.1 We reserve the right to revise and amend this service agreement notice from time to time and any revised version will be deemed to be applicable from the first date of publication on this website. It is up to you the client to ensure that you are aware of any revisions on this page as and when they are published, and to this end each invoice that you have received will always show the link to this page, so that you may check it from time to time, or as you see fit.
This contract agreement was first published on 26th February 2010.
Review of this Agreement
This contract agreement was first published on 26th February 2010.