THE FOLLOWING TERMS AND CONDITIONS FORM THE BUSINESS AGREEMENT BETWEEN THE HOUSEHOLDER AND THE INTRODUCTORY BUSINESS
For the purpose of this Agreement:
1.1 EAKU LTD whose company registered office is at Unit 45, Apex House, Caerphilly CF83 8DP and whose company registration number is 09421301 trading as The Home Cleaning Company referred to hereafter as The Home Cleaning Company is the name of the introductory business.
1.2 The term “Householder” means the Householder whose details appear on the agreement form.
1.3 The term “Retainer” means the payments stated on the agreement form for the Services provided.
1.4 The term “Cleaner” means a cleaner from the database of cleaners maintained by The Home Cleaning Company.
2.1 The Home Cleaning Company shall introduce a Cleaner to the Householder subject to the terms and conditions of this agreement, to provide the hours of work specified on the agreement form. These hours may be varied by agreement between the Householder and the Cleaner subject to the Householder’s compliance with the minimum retainer specified by The Home Cleaning Company. Changes to the number of hours worked may affect payment to the Home Cleaning Company.
2.2 The Householder shall pay The Home Cleaning Company the Retainer for the introduction of the Cleaner and ongoing support for the duration of the Agreement.
2.3 This agreement will be for a minimum period of six weeks as from the date of signature and shall continue thereafter on a month to month basis until terminated in writing by either the Householder or the Home Cleaning Company.
3. PAYMENT OF RETAINER
3.1 The Householder shall sign and return to The Home Cleaning Company the standing order mandate authorising payment of the Retainer to be made from the Householder’s bank to The Home Cleaning Company. On receipt of this mandate the Home Cleaning Company shall identify a suitable Cleaner. Retainer payments shall continue until the agreement is terminated.
3.2 Failure to pay the Retainer payment for more than one month shall constitute a serious breach of this agreement and the Home Cleaning Company shall accordingly be able to terminate this agreement with immediate effect. Any payments due to the termination date shall remain the liability of the Householder.
4. HOUSEHOLDER OBLIGATIONS
4.1 The Cleaner is introduced to the Householder as a self-employed cleaner and the Householder shall retain the Cleaner under a contract for services arrangement which for the avoidance of doubt shall be a separate contractual arrangement between the Householder and the Cleaner. The Householder shall agree directly with the Cleaner the terms of that contract. The Home Cleaning Company has no control or influence in terms of the contractual arrangements between the Householder and the Cleaner other than the requirement of minimum hours to satisfy the Retainer arrangement and the agreed maximum hourly rate to be charged in accordance with the Home Cleaning Company’s advertised tariff.
4.2 The Householder shall agree with the Cleaner directly what services are to be performed by the Cleaner, and such services shall form the basis of the Cleaner’s obligations under the contract for services to be entered into. The Householder may change the scope and manner of the services contracted for under the terms of the contract for services at any time by reaching mutual agreement with the Cleaner.
4.3 The Householder shall pay any Cleaner retained by the Householder at the rate agreed in the contract for services and such fees shall be paid directly to the Cleaner in accordance with that agreement.
5. OBLIGATIONS OF THE HOME CLEANING COMPANY
5.1 The Home Cleaning Company shall introduce a Cleaner to the Householder in accordance with Clause 2.1.
5.2 Where the Householder is unhappy with the Cleaner introduced by the Home Cleaning Company and notifies the Home Cleaning Company that, for whatever reason, the Cleaner’s services are to cease permanently, The Home Cleaning Company shall:
5.2.1. endeavour to introduce a replacement cleaner to the Householder; and
5.2.2 issue the Householder with a credit for any period that the Householder is without a Cleaner following the Householder’s notification of the same.
5.3 In the event that a suitable replacement Cleaner cannot be found and introduced to the Householder within ten (10) working days of notification from the Householder that an alternative Cleaner is required, then the Householder may terminate this agreement without the requirement to give one month’s notice. In this event Clause 8.2 shall continue to apply.
6.1 In respect of each cleaner introduced by The Home Cleaning Company and retained by the Householder the Home Cleaning Company shall provide Public Liability Insurance
6.2 As a contingency only, offering limited protection for the Householder in respect of any damage caused by the cleaner, whether during performance of their duties or otherwise, in respect to damage caused through negligence of a cleaner introduced by The Home Cleaning Company, the Home Cleaning Company has taken out Public Liability Insurance with a limit of £1,000,000 to cover loss or damage suffered by the client because of such negligence. The first £100 of any claim is payable by the client. Neither The Home Cleaning Company nor its insurers shall be liable for any claim less than £100 in value.
6.3 The Householder shall have adequate insurance cover in place against liabilities to the cleaner and shall produce a copy of the appropriate insurance policy and certificate if so requested by The Home Cleaning Company. This may be in the form of a general home insurance policy.
6.4 The Householder shall not be covered by The Home Cleaning Company’s insurance policy in the following circumstances:
6.4.1. Where the cleaner is not introduced by The Home Cleaning Company
6.4.2. Where the materials used by the Cleaner are not provided directly by the Householder
The Home Cleaning Company shall not be liable for:
7.1 Any losses incurred by the Householder as a result of any failure of a Cleaner to comply with his or her contractual obligations under the contract for services for whatever reason.
7.2 Any loss or damage in excess of the limit of its Public Liability insurance cover or outside the scope of the policy cover including but not limited to exclusions:
7.2.1 Where the materials used by the Cleaner are not provided directly by the Householder; or
7.2.2 Where the terms of this agreement are otherwise breached; or
7.2.3 Where a claim is for damage caused by bleach: or
7.2.4 Any collusion or theft of property or possessions by a Cleaner
7.3 Failure of any retained Cleaner to return keys and any loss that may arise as a result
8.1 The Home Cleaning Company and the Householder may terminate the Agreement at any time by giving not less than one calendar months’ notice in writing to the other party. In such circumstances any balance of the Retainer for the period after expiry of the notice shall be refunded to the Householder. Clause 8.2 shall continue to apply.
8.2. The Householder agrees that during the period of this Agreement and for a period of six (6) months following the termination or cessation of this agreement s/he will not enter into any arrangement with any Cleaner who has been introduced by the Home Cleaning Company and with whom the Householder has had a course of dealings that is not in accordance with this Agreement. For the avoidance of doubt should the Householder enter into any such private arrangement with the Cleaner outside of this Retainer arrangement the Householder will be liable to pay damages and associated costs to the Home Cleaning Company for breach of this Agreement.
The Home Cleaning Company business reserves the right to amend the terms and conditions of this agreement and shall inform the Householder of such changes by providing them to the householder not less than 30 days before the implementation of such changes. On receipt of notification the Householder is permitted to withdraw from this Agreement without the requirement to give notice in accordance with clause 8.1 above.
10.1 This Agreement shall be construed in accordance with the laws of England & Wales and all disputes, claims or proceedings between the parties relating to the validity, construction or performance of this Agreement shall be subject to the exclusive jurisdiction of the Courts of England & Wales.