- This BTA alongside our billing letter forms and constitutes the whole Agreement between the Customer and SHINE & GLOW CLEANING and cannot be amended unless agreed in writing by SHINE & GLOW CLEANING and the Customer. If a court finds any clause unenforceable then the remainder of the BTA shall remain workable and intact.
- If within 3 years SHINE & GLOW CLEANING have not pursued any terms or benefits express or implied by the BTA then this does not mean that SHINE & GLOW CLEANING will refrain from claiming at any time in the future.
- The whole BTA shall be interpreted in accordance with the law of England and any disputes shall be resolved by the English Courts.
B. Service & Remittance
- The services to be provided by SHINE & GLOW CLEANING 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(i)(a), and shall comprise of access to SHINE & GLOW CLEANING’s database of (vetted for introduction) cleaners and the services set out at section E. If SHINE & GLOW CLEANING considers it necessary to make variations in the service supply, SHINE & GLOW CLEANING 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 SHINE & GLOW CLEANING considers fit in its sole discretion.
- Total amount payable by the Customer to SHINE & GLOW CLEANING 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.
- Payment to SHINE & GLOW CLEANING shall be made by immediately after the service completion by card payment or in all other instances, by cash.
- Responsibility for all payments to the cleaner shall at all times remain with the Customer. All payments to the cleaner shall be made in cash on the day when services are performed by the cleaner. In case of a multiple service order, all services shall be treated as separate orders. In case of a multiple service order, if one of the services cannot be completed for unforeseen conditions, all remaining completed services are due for payment immediately.
- Irrespective of whether or not a Customer is using a cleaner introduced by SHINE & GLOW CLEANING, all payments to SHINE & GLOW CLEANING, other than one-off payments, will continue until the agreement is terminated lawfully in accordance with section G.
- If the BTA is terminated lawfully in accordance with section G, all payments to SHINE & GLOW CLEANING shall cease.
- SHINE & GLOW CLEANING 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.
- If for any reason the Customer continues to pay SHINE & GLOW CLEANING following termination, SHINE & GLOW CLEANING reserves the right to charge a reasonable administration fee for each overpayment.
- SHINE & GLOW CLEANING reserves the right to claim interest at market rates for overdue fees.
- Where the Customer cancels an appointment with less than 48 hours’ notice, the Customer shall pay a late cancellation charge of £10.00.
C. Insurance Cover
- All SHINE & GLOW CLEANING cleaners whose services are used by the Customer will be covered primarily by the Customer’s own insurance policies, the Cleaners own insurance policy and as a contingency only, covered by SHINE & GLOW CLEANING’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 SHINE & GLOW CLEANING.
- The policy covers damage or loss provided that the damage or loss is greater than £100 and the policy does not cover possession or property theft. SHINE & GLOW CLEANING cannot accept liability for the first £100 of 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.
- SHINE & GLOW CLEANING accepts no liability for insurance unless the fee has been paid to SHINE & GLOW CLEANING in advance. If the Customer has alternative insurance this may invalidate SHINE & GLOW CLEANING’s contingency insurance to the extent that all damage & loss may only be recoverable from the Customer’s own insurers.
D. Liability Exclusion
- 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 SHINE & GLOW CLEANING, their employees or any introduced cleaner, SHINE & GLOW CLEANING 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 SHINE & GLOW CLEANING employee, (or the introduced cleaner) whether wilfully or negligently, in contract or in tort, in breach of express or implied terms which includes omission of duty by SHINE & GLOW CLEANING or its introduced cleaners.
- Taking into consideration all the possible events raised above, SHINE & GLOW CLEANING accepts no liability for any losses, which follow directly or otherwise from such circumstances.
- SHINE & GLOW CLEANING does not accept liability for losses incurred by the Customer due to any failure of an SHINE & GLOW CLEANING introduced cleaner to comply with her/his legal requirement(s) in terms of liability whether or not SHINE & GLOW CLEANING introduced the cleaner.
- SHINE & GLOW CLEANING accepts no liability for any failure of service in any way relating to this BTA including ‘acts of god’.
- Any service guarantees express or implied are excluded to the extent allowed by law. To the same extent SHINE & GLOW CLEANING does not guarantee service type or quality in any instance.
- SHINE & GLOW CLEANING 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 SHINE & GLOW CLEANING. The Customer must give reasonable time to allow SHINE & GLOW CLEANING to put right any breach. SHINE & GLOW CLEANING shall have the right to terminate the agreement if unable to put right the breach. In such an instance, SHINE & GLOW CLEANING shall have the same action or redress against the Customer as if it were the Customer that was in breach enabling SHINE & GLOW CLEANING to terminate the agreement.
- The ownership and responsibility for the return of Customer keys remains between the Customer and the cleaner. SHINE & GLOW CLEANING cannot accept any responsibility for losses that arise out such instances.
E. SHINE & GLOW CLEANING Shall:
- Advertise for cleaners.
- Interview cleaners.
- Reference and ID check cleaners.
- Check that the cleaner is eligible to work legally in the UK.
- Provide the most suitable cleaner to the Customer.
- When requested, arrange for a replacement cleaner if the usual cleaner is on holiday, poorly or if the Customer is unhappy with the cleaner.
- Use reasonable endeavour to provide a prompt reply service to issues or questions raised by the Customer when required.
- Comply within the terms of the law at all times.
F. The Customer Shall:
- Notify SHINE & GLOW CLEANING of any amendments to the times or daily schedules that the introduced cleaner attends.
- Take ownership of the arrangement of work direction, periods & tasks, providing clear work requests.
- Provide one full day’s period of notice to the introduced cleaner and SHINE & GLOW CLEANING of any amendments to existing work arrangements, including that of requesting a replacement introduced cleaner.
- Contact SHINE & GLOW CLEANING 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).
- Inform SHINE & GLOW CLEANING regarding the intention to employ a SHINE & GLOW CLEANING introduced cleaner or dismiss a cleaner introduced by SHINE & GLOW CLEANING.
- Accept a cleaner on a ‘non-preferred day’ if a cleaner is being sought by SHINE & GLOW CLEANING or on holiday or during cleaner sickness periods.
- Bear the cost of recovery of agency fees in the event of non payment.
- Ensure the provision of unambiguous domestic work requests.
G. Agreement Termination
- The Customer can cancel the BTA:
- (a) At any point within 14 calendar days from the date of this BTA without giving any reason by written notice to SHINE & GLOW CLEANING indicating the wish to cancel. The cancellation notice under this clause does not need to be in any specific form and can be given by email or post to the address on the letterhead. To meet the cancellation deadline it is sufficient for the notice to be sent prior to the expiry of the cancellation period. If the right to cancel is exercised by the Customer pursuant to this section G(i)(a) the Customer shall not be liable to pay any sums to SHINE & GLOW CLEANING unless the Customer has specifically requested for the services to begin before the end of the cancellation period. In this case the Customer shall be responsible for payment in full of those services which have been provided.
- (b) After the expiry of the cancellation period set out at section G(i)(a) above by giving not less than 2 months’ prior written notice to SHINE & GLOW CLEANING and the cleaner.
- SHINE & GLOW CLEANING can terminate the BTA with the Customer at any time.
- The Customer agrees not to recommend any SHINE & GLOW CLEANING introduced cleaner to anyone else unless the SHINE & GLOW CLEANING service is used. For a period of 18 months following termination, the Customer agrees not to employ any current or past cleaner introduced by SHINE & GLOW CLEANING.
- The customer shall address any complaints in writing to the e-mail address on the SHINE & GLOW CLEANING letterhead.