Terms & Conditions of Business
TERMS AND CONDITION OF BUSINESS – TOP MOPS LIMITED
1.1 These terms and conditions (“Terms”) contain the entire terms and conditions applicable to the provision of Services by Top Mops to the Client and the Client shall be deemed to have unconditionally accepted these Terms on the earlier of its signature to the agreement or upon accepting receipt of the Services.
1.2 Capitalised terms contained in these Terms are to be interpreted as they are defined in the Order Form.
2 Top Mops Services
2.1 In consideration of the Client paying the cleaning charges and all other amounts due to Top Mops by the dates due, Top Mops shall provide the Services to the Client with reasonable skill and care using properly trained and supervised staff and/or contractors.
2.2 If the Client requests that Top Mops use the Client’s own materials and/or equipment, then the Client must ensure that all such materials and equipment are safe to use and are in full working order.
2.3 If the Client has ordered a deep clean Service, the Client must ensure that the Premises are unoccupied and that all furniture is moved out of the way.
2.4 Top Mops will endeavour to deliver a high standard of work in performing the Services, however if the Client is not completely satisfied with Top Mop’s Service, then it must inform Top Mops in writing within 24 hours of the Service being performed so that Top Mops can properly inspect and assess the Premises. Failure to notify Top Mops within 24 hours of the Service being performed will void any claim for Service failure if Top Mops is unable to properly assess the Premises. If Top Mops inspects the Premises after the Services have been performed and determines on its own accord (acting reasonably) that the Services do not meet Top Mop’s standards or those set out in these Terms, Top Mops may either (at its sole discretion) (i) re-perform the Service for the Client at no additional cost at a mutually agreeable time, or (ii) credit the client accordingly. Either shall be the limit of Top Mop’s liability to the Client for any failure to properly perform the Services.
2.5 Top Mops shall not be liable for any delay in completing the Services due to circumstances beyond its reasonable control including but not limited to a lack of co-operation from the Client or the occupier of the Premises. Time for delivery of the Services shall not be of the essence.
3 Service exclusions
3.1 Top Mops shall not be responsible for moving any furniture or performing any tidy up at the Premises in order to perform the Services.
3.2 If the Client request that Top Mops use any bleach, chemical or industrial product in performing the Services, the Client shall be liable for any loss, cost, damage or liability that may occur as a result.
3.3 The Service shall not include the cleaning of any delicates or antiques unless requested to do so by the Client in which case the Client shall be responsible for any damage caused in the cleaning or moving of such items.
3.4 Neither the regular Service nor a deep clean shall include the cleaning of any walls, ceilings, curtains, balconies, patios, exterior windows or carpets other than by prior written agreement and if such services are required, then these will be provided at extra cost to the Client. If the Client does request the cleaning of any walls or fabrics, then Top Mops shall not be liable for any unsuccessful results or any damage caused to paintwork or fabrics.
3.5 If the Client require any fridge or freezer to be cleaned, then the Client must ensure that such appliances are completely defrosted.
3.6 Top Mops may at times agree to activate or deactivate any security system at the Premises if it is requested to do so by the Client, but Top Mops shall not be responsible or liable for ensuring that any security system is properly activated or de-activated or functioning.
4.1 Top Mops shall endeavour to treat the Client’s business and/or premises with care and respect and a similar level of care and respect towards Top Mop’s staff and contractors (“Staff”) is required by the Client. In the event that any of Top Mop’s Staff are found to have suffered from abuse or offending language during the performance of Services for the Client, Top Mops shall be entitled to cease provision of the Services and the Client shall remain fully liable for the cost of the Service, together with any other liability suffered or incurred by Top Mops or Top Mop’s Staff as a result.
4.2 Due to, holidays, absences, varying cleaning frequencies and other commitments, Top Mops cannot guarantee that the same member of Top Mop’s Staff will perform the Services for the Client although Top Mops will endeavour to provide continuity with familiar Staff.
5 Health and safety
5.1 Top Mops Staff are instructed not to enter any environment which they consider to be unsafe, dangerous to health, or inoperable for any reason. In such an event, the Client will be invoiced for the full cost of the Services which would otherwise have been performed and the Client shall be liable for the full cost of performing any rescheduled Services which will only be performed after the environment has been rendered safe.
6 Price and payment
6.1 Top Mops shall invoice Contract Clients at a regular re-occurring frequency for on-going services and as performed for one-off services. for the Cleaning Charges and all other costs, charges and expenses payable within 30 days of the date of receipt of the invoice, in accordance with these Terms.
6.2 All work performed for non-contract clients will require payment prior to work commencement, unless otherwise agreed in writing.
6.3 All prices stated are exclusive of VAT which shall be invoiced to the Client at the applicable rate.
6.4 Top Mops shall be entitled to be reimbursed by the Client for all out of pocket expenses wholly, exclusively and properly incurred in the performance of the Services subject to Top Mops providing a receipt, vouchers or any other evidence of actual payment.
6.5 All prices are subject to change on 30 days’ notice to the Client.
6.6 Payment of Top Mop’s invoices must be in full by the due date without set off, counterclaim or other withholding. All payments must be made by bank transfer Top Mops will only accept payment by cheque or credit card by prior arrangement. An additional charge may apply to credit card payments.
6.7 Failure to pay any amount due by the date required will result in debit interest being payable at a rate of 8% per month.
6.8 Top Mops reserves the right to suspend all Services if any payment is not paid by the date it is due. If, as a result of any failure to make payment on time, Top Mops engage the services of a debt collecting agency or pursue any legal remedy to secure payment, the Client shall indemnify Top Mops in full for and against all costs, charges, fees and expense (including all legal fees) suffered or incurred.
7.1 Top Mops shall not be liable for any loss or damage incurred as a result of a delay caused by the Client or matter or event outside Top Mop’s control.
7.2 If Top Mops lose any key to the Premises, then Top Mop’s entire liability will be the cost of having a replacement key cut.
7.3 Subject to the remainder of this clause and to clause 8 below, if any item is lost or damaged due to Top Mop’s negligence, Top Mops shall (at its sole discretion) repair or replace such item or credit the Client with Services to the lesser of the actual replacement cost, or the market value of such item.
7.4 Top Mops shall not be liable to the Client or any third party for any direct, indirect, consequential or special loss, damage, cost, expense or liability (“Loss”) suffered or incurred by the Client including but not limited to any to Loss of or to cash, jewellery, items of sentimental value, art and antiques or for any matter specifically excluded under these Terms.
7.5 Without prejudice to the above, Top Mop’s aggregate liability to the Client in contract, tort (including negligence) or otherwise arising out of or in connection with these Terms is limited to the price of the Services to which the particular claim relates.
7.6 Top Mops are not liable for any damage or injury caused by defective materials or equipment supplied by the Client. If any Loss is due to any faulty or defective material or equipment supplied by us, then subject to these Terms, Top Mop’s liability shall be limited to the pursuit of redress or remedy by the supplier of such material or equipment.
7.7 Top Mops shall not be liable to the Client for any Loss where any of the following apply:
a) there was a lack of suitable cleaning materials and/or equipment not in full working order (if the Client is responsible for these);
b) wear or discolouring of any surface or fabric becomes more visible once cleaned by Top Mops;
c) old / permanent stains that were not removed following the use of standard cleaning methods or for any other existing damage or spillage;
d) any loss was due in any way to materials or equipment supplied by the Client, or to Top Mops having acted on the Client’s instructions;
e) there was furniture or some other obstruction in place;
f) any damage was attributable in any way to the Client’s act or omission or that of a third party not engaged by Top Mops.
7.8 Nothing in these terms and conditions excludes or limits the liability of either party for death or personal injury caused by its negligence or fraudulent misrepresentation or for any matter which it would be unlawful for such party to limit its liability for.
8.1 The Client shall be responsible for properly insuring the Premises, its fixtures, fittings and contents and for properly and safely securing any items of value within the Premises prior to the commencement of the Services.
9 Cancellation / non-attendance
9.1 The Client must give Top Mops not less than 1 week’s prior written notice if it wishes to cancel or re-schedule any Services. If less than 1 week’s prior notice is received, the Client shall remain liable for the full amount for the Services as if they had been performed.
9.2 If access to the Premises is not granted or is restricted in any way, then the Client shall remain liable for the full price of the Services.
9.3 If the Client’s scheduled service day falls on a public holiday, then this clean will be cancelled and the Client should contact Top Mops to re-arrange an alternative date. No service will be provided on Christmas Day, Boxing Day, Good Friday, Easter Monday or New Year’s day. Top Mops may re-schedule any Service at any time without penalty.
10.1 Either party may terminate the Services with effect by written notice to the other, at any time after the occurrence of any of the following events:
a) any amount due under these Terms not being paid by the date required;
b) the other party has committed a material breach of these Terms and, if such the breach is capable of remedy, the other party has failed to remedy it within 14 days of receipt of notice to do so;
c) the other party passing a resolution for its winding-up or a court making an order for the other party’s winding-up or dissolution or there is a making of an administration order in relation to the other party, or the appointment of a receiver over the other party’s assets; or
d) the other party making an arrangement or composition with its creditors generally or making an application for protection from its creditors generally.
10.2 Termination of the Services shall not affect any accrued rights or entitlement of Top Mops and on termination of the Services, all Service charges and other amounts payable under these Terms shall become immediately due and payable by the Client whether they have been invoiced or not.
11.1 During the period that Top Mops provides Services to the Client and for a period of six months thereafter, the Client is not entitled to directly or indirectly employ or engage (or offer to employ or engage) any of Top Mop’s Staff without Top Mop’s express prior written consent and in the event that the Client does so, the Client shall be liable for the full cost of Top Mop’s fee and charges for Services performed by such Staff as if the services were performed by Top Mops, irrespective of any amount the Client may have paid to any member of Top Mop’s Staff.
11.2 If following termination of Top Mop’s Services (for any reason) the Client directly or indirectly engages any member of Top Mop’s Staff to deliver any Service, the Client shall pay Top Mops a referral fee of £500 (five hundred pounds) which shall be due and payable in full within 30 days of demand.
12.1 If any part of these Terms shall be finally determined to be unenforceable pursuant to applicable laws by any authority having jurisdiction, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provisions or parts of the provision of these Terms, which shall remain in full force and effect as if the unenforceable provision or part was deleted.
12.2 Failure by Top Mops to exercise any rights under these terms and conditions shall not constitute a waiver or forfeiture of such rights.
13 Governing law
13.1 The construction validity and performance of these Terms shall be governed by and construed in accordance with the laws of England and each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation.
14 Entire agreement
14.1 These Terms constitutes the entire agreement between the Client and Top Mops and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between the Client and Top Mops and shall override any alternative terms and conditions which the Client may propose or seek to apply, irrespective of the date that such alternative terms and conditions may be proposed.
14.2 The Client shall not have any remedy in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
14.3 Nothing in this clause shall limit or exclude any liability for fraud.