TERMS AND CONDITIONS
LEMON CLEAN LIMITED
1. Agreement
Lemon Clean Limited (“LCL”) agrees to provide cleaning services ("the Services") to the Client ("the Client") in accordance with the written specification or quotation agreed between the parties ("the Cleaning Services Agreement"). These terms and conditions shall apply to the provision of the Services unless they are inconsistent with the Cleaning Services Agreement in any way in which case the Cleaning Services Agreement shall take precedence. The Cleaning Services Agreement and these Terms and Conditions are together referred to as "the Agreement".
2. Duration
2.1 Upon receipt by LCL of written acceptance from the Client of the Cleaning Services Agreement and these Terms and Conditions, LCL. agrees to provide the Services to the Client until the Agreement is terminated as set out below.
2.2 The Client may terminate the Agreement upon giving to LCL, three months prior written notice. In event of no such notice being given, then the Client shall pay to LCL, forthwith the cost of the Services for such period.
2.3 LCL reserves the right to withdraw the Services and/or to terminate the Agreement at any time with three month’s written notice.
3. Price
3.1 The monthly cost of the services is set out in the Cleaning Services Agreement and has been calculated for all bank and public holidays, including any client’s company closures.
3.2 All rates are reviewed annually, and any increases will be negotiated with the client.
3.3 Invoices will be submitted to the client monthly, are payable within the following month paid via BACS. Failure to make any payments on time will result in a £50.00 administration charge, plus any additional interest charges for late payment as shown on your invoice(s). Payments must be made by the method agreed with you beforehand. Any rejected payments to us returned as "unpaid" would result in a £50.00 administration charge plus any bank charges that may have been incurred by us when the payment was returned.
3.4 If the Client fails to make any payment within 14 days of the due date and then fails to respond to a reasonable request to do so then, LCL without prejudice to any other right or remedy available to LCL, shall be entitled to:
3.4.1 Suspend performance of the Services
4. Staff
4.1 All cleaning personnel supplied to the client are employees of LCL.
5. Limitation of Liability and Insurance
5.1 Subject to clause 5.4, neither party shall be liable to the other party (as far as permitted by law) for indirect special or consequential loss or damage in connection with the Agreement which shall include, without limitation, any loss of or damage to profit, revenue, contracts, anticipated savings, goodwill or business opportunities whether direct or indirect.
5.2 Each party shall always take all reasonable steps to minimise and mitigate any loss or damage for which the relevant party is entitled to bring a claim against the other party pursuant to this Agreement.
5.3 Subject to clause 5.4, LCL’s total aggregate liability in respect of all claims, losses or damages, whether arising from tort (including negligence), breach of contract or otherwise under or in connection with this Agreement, shall in no event exceed the aggregate charges paid under or pursuant to this Agreement in any one year.
5.4 Notwithstanding any other provision of this Agreement neither party limits nor excludes its liability for:
(a) fraud or fraudulent misrepresentation.
(b) death or personal injury caused by its negligence.
(c) breach of any obligation as to title implied by statute; or
(d) any other act or omission, liability for which may not be limited under any applicable law.
5.5 The Client shall be responsible for ensuring a safe environment in which LCL staff can perform the Services and shall be responsible for complying with all relevant Health and Safety legislation and clause 7 below.
5.6 LCL 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 any existing clients who need to validate that we are adequately covered for insured risks may request a copy of it. LCL (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.
6. The Service
6.1 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 LCL, we will endeavour to put this right within 1 working day, 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.
6.2 All our staff are trained during an induction course/programme prior to any work being undertaken by them for you. All staff receives updated annual training.
6.3 Due to health and safety requirements, and restrictions on insurance matters, we cannot use any types of heat guns during our cleaning service to you. Furthermore, we will not move any items of heavy furniture that may cause secondary damages to floors, carpets, walls etc.
6.4 Right of access - it is the client’s responsibility to ensure that LCL or its employees have full tidy, clear and unrestricted access to the property or windows being cleaned.
6.5 Any cleaning task that have 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 your next invoice.
6.6 There are no services on any of these days - Christmas Day, Boxing Day, unless otherwise previously agreed. Services carried out on any of these days are chargeable at the normal daily rate times 3. Additionally, if your business would normally be closed on a recognised public bank holiday there will be no service, and the charges applicable to your service will be still payable at your normal rate.
7. Health & Safety
7.1 To safeguard LCL 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. If 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.
7.2 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.
8. Equipment
8.1 Any equipment provided by LCL in connection with performing our service to you is the sole property of LCL. 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.
9. Security and Client Confidentiality
9.1 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 agreement with us. Equally we request that the client observes the same standards of privacy and confidentiality towards LCL.