Just Clean Cares

Terms Of Trading

Terms of Business Trading Agreement (BTA) between ‘Customer’ and Just Clean Cares (JCC) All business transactions between JCC and the “Customer” shall be governed by our billing documentation and this BTA

A. Miscellaneous

i. This BTA alongside our billing letter forms and constitutes the whole Agreement between the Customer and JCC and cannot be amended unless agreed in writing by JCC and the Customer. If a court finds any clause unenforceable then the remainder of the BTA shall remain workable and intact. ii. The whole BTA shall be interpreted in accordance with the law of the country the service is provided in and any disputes

B. Service & Remittance

i. The services to be provided by JCC under this BTA shall commence on the day of the first clean unless the customer exercises his right to cancellation as described in section G, and shall comprise of access to JCC’s database of (vetted for introduction) cleaners and the services set out at section E. If JCC considers it necessary to make variations in the service supply, JCC reserves the right to make these variations as it sees fit. All cleaners available for introduction shall be vetted using all reasonable endeavours to an extent that JCC considers fit in its sole discretion. ii. The amounts payable by the Customer to JCC and directly to the Cleaner shall be set out in the billing letter which shall specify any additional charges and one-off payments as well as amounts payable by the Customer directly to the cleaner. iii. Payment to JCC shall be made by way of a monthly advance payment (standing order or Direct Debit) or, in all other instances, by cheque, card or bank transfer at a rate of £40/cleaner visit or the current blitz rate/cleaner visit. iv. Responsibility for all payments to the cleaner shall at all times remain with the Customer unless the customer has opted for tier 2 payments (JCC supply goods and equipment). If the BTA is terminated lawfully in accordance with section G, all payments to JCC shall cease. vii. JCC will not refund any advance payment upon receipt of termination notice from the Customer. No refunds will be given during notice period. A service credit can be provided for agency fees paid in advance. If a Customer declines the service no refunds will be made. viii. If for any reason the Customer continues to pay JCC following termination, JCC reserves the right to charge a reasonable administration fee for each overpayment. ix. JCC reserves the right to claim interest at market rates for overdue fees. x. Where the Customer cancels an appointment with less than 12 hours’ notice, the Customer shall pay to the cleaner a late cancellation charge of £7.50. C. Insurance Cover i. All JCC cleaners whose services are used by the Customer will be covered primarily by the Customer’s own insurance policies and as a contingency, covered by JCC’s Public Liability policy which has a limit of £1 million of public liability including damage or loss to the Customer on the express condition that such loss and/or damage is caused by negligence of the cleaner which was introduced by JCC. ii. The policy covers damage or loss on an indemnity basis provided that the damage or loss in each event is greater than £100 and the policy does not cover possession or property theft. JCC cannot accept liability for the first £100 of each item in any claim, which shall be for the Customer’s account. The policy covers damage that the

cleaner may cause when carrying out his or her duties & is subject to other terms which are available upon request. Bleach is a banned substance & spills are not covered. iii. JCC accepts no liability for insurance unless the fee has been paid to JCC in advance. D. Liability Exclusion i. To the extent that such exclusions are allowed at law and excepting claims for bodily injury or death due to negligence on the part of JCC, their employees or any introduced cleaner, JCC does not accept any responsibility for any type of damage or loss to the Customer or the Customer’s goods or premises even if the terms of the BTA are breached by a JCC employee, (or the introduced cleaner) whether wilfully or negligently, in contract or in delict, in breach of express or implied terms which includes omission of duty by JCC or its introduced cleaners. ii. JCC accepts no liability for any failure of service in any way relating to this BTA including ‘acts of god’. iii. JCC will not be held liable to carry out unfinished tasks, nor will it incur liability for not carrying out terms of this BTA if the Customer is in breach of any obligation to JCC. The Customer must give reasonable time to allow JCC to put right any breach. JCC shall have the right to terminate the agreement if unable to put right the breach. In such an instance, JCC shall have the same action or redress against the Customer as if it were the Customer that was in breach enabling JCC to terminate the agreement. iv. The ownership and responsibility for the return of Customer keys remains between the Customer and the cleaner. JCC cannot accept any responsibility for losses that arise out such instances.

E. JCC Shall

i. Advertise for cleaners. ii. Interview cleaners. iii. Reference and ID check cleaners. iv. Check that the cleaner is eligible to work legally in the UK. v. Provide the most suitable cleaner to the Customer. vi. When requested, arrange for a replacement cleaner if the usual cleaner is on holiday, poorly or if the Customer is unhappy with the cleaner. vii. Use reasonable endeavour to provide a prompt reply service to issues or questions raised by the Customer when required. viii. Comply within the terms of the law at all times.

F. The Customer Shall

i. Notify JCC of any amendments to the times or daily schedules that the introduced cleaner attends. ii. Take ownership of the arrangement of work direction, periods & tasks, providing clear work requests. iii. Provide one full day’s period of notice to the introduced cleaner and JCC of any amendments to existing work arrangements, including that of requesting a replacement introduced cleaner. iv. Contact JCC directly if a temporary cleaner is required due to the regular cleaner’s illness or holiday as replacements are not automatically supplied, as not all Customers require them (due to key handling etc). v. Inform JCC regarding the intention to employ a JCC introduced cleaner or dismiss a cleaner introduced by JCC. vi. Accept a cleaner on a ‘non-preferred day’ if a cleaner is being sought by JCC or on holiday or during cleaner sickness periods. vii. Bear the cost of recovery of agency fees in the event of non-payment. viii. Ensure the provision of unambiguous domestic work requests.

G. Agreement Termination

i. The Customer has the right to cancel the BTA within an initial “cooling off” period of 14 calendar days from date of requesting the service. Notice should be provided in writing by post or email to the address on the letterhead. If this right to cancel is exercised, the Customer shall not be liable for any sums to JCC unless the Customer specifically asked for the service to begin before the end of the cooling off period. After expiry of the cooling off period the Customer can cancel the BTA by giving the lesser of 30 days prior notice or notice in accordance with the billing letter. ii. JCC can terminate the BTA with the Customer at any time by writing to the Customer giving the lesser of 30 days prior notice or notice in accordance with the billing letter. iii. The Customer agrees not to recommend any JCC introduced cleaner to anyone else unless the JCC service is used. iv. For a period of 18 months following termination, the Customer agrees not to use or employ any current or past cleaner introduced by JCC. Should the client be in breach of this termination clause JCC shall be entitled to charge the agency fee of £40 from the commencement of any unpaid period during the 18 month period.

H. Data Protection

Just Clean Cares will process your personal information as set out in the M2C Privacy Notice which can be found atwww.justcleancares.co.uk