1. Definitions
1.1 The following terms apply to these Terms and Conditions:
a) “The Company,” “We,” or “Us” refers to Gurkha Cleaning Ltd., the service provider engaged by the Client.
b) “Cleaner” refers to the individual or business providing cleaning services on behalf of the Company.
c) “Client” refers to any individual, business, or corporate entity (including subsidiaries or affiliated companies) to whom the Company provides cleaning services.
d) “Services” refer to the cleaning services provided by the Cleaner on behalf of the Company.
e) “Site Visit” refers to the Cleaner’s visit to the Client’s service address to perform the Services.
2. Contract
2.1 A contract is formed between Gurkha Cleaning Ltd. and the Client through these Terms and Conditions.
2.2 The Client agrees that acceptance of these Terms and Conditions is a prerequisite for using the Company’s Services. This includes placing an order or authorizing work to be done via phone, fax, email, or internet forms.
2.3 These Terms and Conditions take precedence over any additional business or purchase conditions proposed by the Client unless specifically agreed otherwise in writing by the director of the Company.
2.4 These Terms and Conditions may only be modified or amended with the written consent of the director of the Company.
3. Service Scope and Pricing
3.1 The scope and price of the Services will be as initially agreed upon, either verbally or in writing, between the Client and the Company.
3.2 The Company reserves the right to revise rates or modify the initial quotation if the Client’s original requirements change. These changes will be communicated and discussed with the Client before the commencement of the Services.
4. VAT and Payments
4.1 All Services rendered will be subject to the current VAT rate of 20%.
4.2 Payments for the Services must be made within seven days of receiving the invoice and can be made using cash, a check, a bank transfer, or a major credit or debit card. The Company reserves the right to terminate services immediately if a credit card payment is denied.
5. Equipment and Supplies
5.1 The Company will provide the necessary cleaning materials and equipment for the domestic cleaning as well as exterior cleaning services. The Client is responsible for ensuring that any equipment, product, or service they provide is in good condition and does not require specialized knowledge to operate. The Company disclaims any liability for objects damaged by products or tools provided by the Client.
5.2 If the Client wishes for the Company’s team to use the Client’s equipment, they must first obtain written consent from the Company’s Managing Director.
6. Cancellation, Rescheduling, and Termination
6.1 The Client may cancel or reschedule a cleaning visit by providing at least 48 hours’ notice. A £30.00 late cancellation or lock-out fee will be charged for domestic cleaning if the notice is given less than 48 hours but more than 24 hours before the scheduled visit. For exterior cleaning, 20% of the quoted or agreed price will be charged if the notice is given less than 48 hours but more than 24 hours before the scheduled visit.
6.2 The Client agrees to pay the full cost of the cleaning visit in the following situations:
a) The Client changes the date or time of the appointment with less than 24 hours’ notice.
b) The Client denies access to the service location, preventing the Company from performing the booked work.
c) There is an issue with the Client’s keys, and the cleaning operatives cannot gain entry.
6.3 The Client may terminate the cleaning agreement by providing at least 7 days’ notice for any upcoming appointment. A cancellation fee of £30.00 will be charged for domestic cleaning if the advance notice provided is less than a week from the date of the cleaning appointment. For exterior cleaning, 20% of the quoted or agreed price will be charged if the advance notice provided is less than a week from the date of the cleaning appointment.
7. Refunds
7.1. No refunds will be issued once the cleaning service has been completed.
7.2. Refund Eligibility:
a) Cancellation: If the Client cancels a scheduled cleaning session with at least 24 hours’ notice prior to the agreed start time and a payment has already been collected by the Company, the Client will be eligible for a full refund.
b) Missed Appointments: In the event that Gurkha Cleaning Ltd.’s staff fails to attend a prearranged cleaning appointment that has been paid for by the Client, a full refund will be provided.
7.3. Refund Process:
a) To request a refund, the Client must contact Gurkha Cleaning Ltd. within 7 days of the incident that qualifies for a refund as per Section 7.2.
b) The Client must provide all relevant details, including the reason for the refund request and any supporting documentation as required by Gurkha Cleaning Ltd.
c) Gurkha Cleaning Ltd. will evaluate the refund request and respond to the Client within 14 days of receiving the request. If the request is approved, the refund will be processed within 30 days of approval.
7.4. The Company reserves the right to deny a refund request if it is determined that the Client has not met the conditions outlined in Section 7.2 or has not followed the proper procedure as described in Section 7.3.
8. Employment Referral Fee
8.1. Prohibition of Direct Hiring: The Client is strictly prohibited from directly hiring (either legally or on a cash basis) any individual who is currently employed by Gurkha Cleaning Ltd. or who was employed by the Company within the 12 months prior to such employment, without obtaining the Company’s prior written consent.
8.2. Referral Fee Liability: If the Client breaches Section 10.1 and directly hires any individual mentioned therein, the Client shall be liable for an employment referral fee of £1,000.00 per individual hired.
8.3. Notification and Payment:
a) The Client is obliged to inform Gurkha Cleaning Ltd. of any such hiring activities immediately upon occurrence.
b) In the event that Gurkha Cleaning Ltd. becomes aware of the Client’s direct hiring of its current or former employees without the Company’s prior written consent, the Client shall be responsible for the payment of the applicable referral fee(s) as stated in Section 10.2.
c) The Client agrees to pay the employment referral fee within 30 days of receiving a written demand from Gurkha Cleaning Ltd.
8.4. Collection and Legal Costs: The Client acknowledges and agrees that they will be responsible for reimbursing Gurkha Cleaning Ltd. for any and all collection costs, legal fees or other expenses incurred by the Company in enforcing this provision and collecting the employment referral fee.
8.5. This provision is intended to protect the legitimate business interests of Gurkha Cleaning Ltd. and to prevent the disruption of its operations by the direct hiring of its current or former employees by Clients.
9. Insurance and Liability
9.1 The Company holds Public Liability Insurance covering damage caused by its Cleaners up to a limit of £5,000,000.
9.2 The Company is not liable for any pre-existing damage, wear and tear, or cleaning issues that cannot be resolved using standard cleaning procedures.
9.3 The Client must inform the Company about any valuable or fragile items that require special care or should not be cleaned. The Company will not be held responsible for any damage to these items if they have not been appropriately identified and communicated by the Client.
9.4 The Company must be notified within 48 hours of any claim for damages, missing items, or other incidents caused by the Cleaner. The Company will investigate the claim and attempt to reach a resolution in a timely manner.
10. Complaints and Claims
10.1 The Client is obligated to inspect the work carried out by the Cleaner upon completion and report any issues or concerns within 24 hours. The Company will endeavor to resolve any issues to the Client’s satisfaction.
10.2 If the Client is dissatisfied with the quality of service, the Company will send a Cleaner to re-clean the areas in question at no additional cost, provided the Client reports the issue within 24 hours of the initial cleaning service.
11. Confidentiality
11.1 All information provided by the Client will be treated as confidential and will not be disclosed to third parties without the Client’s prior consent, except where required by law or to protect the Company’s rights and interests.
11.2 The Company agrees to always keep the Client’s keys and access codes secure and confidential.
12. Data Protection
12.1 The Company will process the Client’s personal data in accordance with the applicable data protection laws and regulations.
12.2 The Company shall take appropriate technical and organizational measures to protect the Client’s personal data against unauthorized or unlawful processing, accidental loss, destruction, or damage.
12.3 The Client’s personal data will be used solely for the purposes of providing the Services and will not be shared with third parties unless required by law or with the Client’s explicit consent.
13. Force Majeure
13.1 Neither the Company nor the Client shall be liable for any failure or delay in performing their obligations under these Terms and Conditions due to circumstances beyond their reasonable control, such as acts of God, governmental actions, war or national emergency, strikes, lockouts, fire, explosion, or civil unrest.
14. Severability
14.1 If any part of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the remainder of the Terms and Conditions shall remain in full force and effect, and the parties shall negotiate in good faith to replace the invalid or unenforceable part with a valid and enforceable provision that achieves the original intent and commercial purpose.
15. Changes to Terms and Conditions
15.1 The Company reserves the right to modify these Terms and Conditions at any time without prior notice. Any changes will be posted on the Company’s website and will become effective immediately upon posting. The continued use of the Services by the Client shall be deemed as acceptance of any modified Terms and Conditions.
16. Waiver
16.1 No failure or delay by either party in exercising any right or remedy under these Terms and Conditions shall be deemed to be a waiver of that right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
17. Entire Agreement
17.1 These Terms and Conditions constitute the entire agreement between the parties and supersede any previous agreements, understandings, or arrangements relating to the provision of the Services.
17.2 The Client acknowledges that they have not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of the Company which is not set out in these Terms and Conditions.
18. Notices
18.1 Any notices or other communications required or permitted under these Terms and Conditions shall be in writing and sent by email, first-class post, or hand-delivered to the other party’s registered office or primary place of business, or to any other address that may be specified by the party to receive such notices or communications.
18.2 Notices or communications sent by email shall be deemed received when the email is sent, provided that no notice of non-delivery is received by the sender. Notices or communications sent by first-class post shall be deemed received on the second business day after posting. Notices or communications hand-delivered shall be deemed received on the day of delivery.
19. Assignment
19.1 The Client may not assign, transfer, or delegate any of their rights or obligations under these Terms and Conditions without the prior written consent of the Company.
19.2 The Company may assign, transfer, or delegate any of its rights or obligations under these Terms and Conditions to a third party, provided that the Company gives the Client prior written notice of such assignment, transfer, or delegation.
20. Governing Law and Jurisdiction
20.1 These Terms and Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the laws of English and Welsh Laws.
20.2 The parties irrevocably agree that the courts of English and Welsh shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter or formation.