SIMPLY BRILLIANT CLEANING CO. TERMS AND CONDITIONS BACKGROUND: These Terms and Conditions are the standard terms which apply to the provision of cleaning services by Simply Brilliant Cleaning Co (the trading name of Rachael Carter) the trading address being Thompson Avenue, Ormskirk L39 2BG (the “Company”) to Clients who require their homes and/or business premises to be cleaned. These Terms and Conditions apply where the Client is a “Consumer” as defined by the Consumer Rights Act 2015. 1.Definitions and Interpretation 1.1In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: “Agreement”means the contract into which You and We enter if You accept the Proposal. The Agreement will incorporate, and be subject to, these Terms and Conditions; “Agreed Times”means the times which You and We agree for the Cleaner to have access to the Property to provide the Cleaning Services as specified in the Agreement; “Business”means any business, trade, craft or profession carried on by You or any other person/organisation; “Cleaning Services”means the cleaning services We will provide as specified in the Agreement; “Consumer”means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual Client of the Company who receives Cleaning Services for their personal use and for purposes wholly or mainly outside the purposes of any Business; “Deposit” “Fees”means the deposit You may be required to pay in accordance with Clause 5; means the Hourly/Monthly Fee; “Initial Period” subject to the provisions of Clause 10, means a period of one month beginning on the Start Date during which You may not cancel the Agreement under Clause 11; “Monthly Fee”means the fee You are to pay for the Cleaning Services as specified in the Agreement; “Order”means Your initial request for Us to provide the Cleaning Services as set out in Clause 4; “Property”means Your premises, as detailed in the Order and the Agreement, at which We are to provide the Cleaning Services; “Proposal”means the cleaning proposal We give to You in accordance with Clause 4 detailing the services We will provide to You and the fees We will charge and forms part of the Agreement which these Terms and Conditions are fully incorporated into; “Service Period”means a period of one month beginning on the Start Date and repeating until the Agreement is cancelled or terminated with 28 days prior written notice; “Start Date”means the date You and We agree on for Us to start providing the Cleaning Services as specified in the Agreement; “Visit”means any occasion, scheduled or otherwise, on which the Cleaner visits the Property to provide the Cleaning Services; “We/Us/Our”means the Company and includes all employees, agents and sub-contractors of the Company; “You/Your”means the Client. 1.2Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic communications whether sent by e-mail, text message, fax or other means. 1.3Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time. 1.4Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions. 1.5Each reference to a Schedule is a reference to a schedule to these Terms and Conditions. 1.6The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions. 1.7Words signifying the singular number will include the plural and vice versa. 1.8References to any gender will include the other gender. 1.9References to persons, unless the context otherwise requires, include corporations. 1.10Unless otherwise agreed in writing these Terms and Conditions shall prevail over any other terms of business or purchase conditions supplied by the Client. 2.Information about Us 2.1We trade under the name Simply Brilliant Cleaning Co. 2.2Our main trading address is Thompson Avenue, Ormskirk, L39 2BG. 3.Communication and Contact Details If You wish to contact Us, You may contact Us by telephone at 01695 660655/ 07984532243 or by email at info@simplybrilliantcleaning.com 4.Orders 4.1We accept orders for Cleaning Services by telephone and email 4.2When placing an Order You should set out, in detail, the Cleaning Services required. Details required include the location and size of the Property, number and type of rooms which are to be cleaned, the frequency of Visits required and the type(s) of cleaning required. 4.3Once the Order is complete and submitted We will prepare a Proposal and send it to You by email. The Proposal will set out the required Deposit (see Clause 5) if applicable and or Hourly Fee (see Clause 6). 4.4You may make changes to the Order and Proposal before accepting it. You may accept the Quotation by telephone or email. 5.Deposit 5.1You may be requested to pay a Deposit. At the time of accepting the Proposal or not more than 3 days thereafter You must pay Us the Deposit. The Deposit will be 50% of the Fees for the Initial Period. We will not confirm an Order until the Deposit is paid in full. 5.2We will repay the Deposit to You in full or in part on termination of the Agreement. We will repay the Deposit in full unless any invoices remain unpaid in which case the unpaid amount will be retained from the Deposit. 5.3On acceptance of the Proposal and/or you engaging the Services you are agreeing to comply with these Terms and Conditions and/or Agreement. 6.Fees and Payment 6.1The hourly Fee is exclusive of VAT if applicable. If the rate of VAT changes We will adjust the amount of VAT that You must pay. 6.2Fees shall be calculated based on the total hours undertaken in the relevant Service Period and at the price as set out in the Proposal for the Month. 6.3Payment of the Monthly Fee shall be taken monthly of each Service Period for the Cleaning Services provided during that Service Period. 6.4You agree to make payments to us by way of recurring direct debit payments using the GoCardless platform 6.5If there is a late payment We may charge You interest on the overdue sum at the rate of 5% above the base rate of HSBC from time to time until payment in full is made. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment. 6.6If You have promptly contacted Us to dispute a payment in good faith We will not charge interest while such a dispute is ongoing. 7.Cleaning Services 7.1We will provide the Cleaning Services in accordance with the specification set out in the accepted Proposal and in the Agreement (as may be amended by agreement between You and Us from time to time). 7.2We will begin to provide the Cleaning Services on the Start Date and will continue to provide the Cleaning Services until the Agreement is terminated by You or Us in accordance with these Terms and Conditions. 7.3We will use reasonable endeavours to ensure that You are always assigned the same Cleaner. If a particular Cleaner is unavailable We will inform You of any change prior to a Visit. 7.4We will ensure that the Cleaning Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best practice in the cleaning market. 7.5We will ensure that We comply with all relevant codes of practice. 7.6You must supply all cleaning equipment in accordance with sub-Clause 8.3. 7.7Under no circumstances will the Cleaner move heavy furniture or other items in order to provide the Cleaning Services. 7.8Unless specifically agreed at the time of the Order, the Cleaner will not clean any items which appear to be antique or fragile or which, in the Cleaner’s reasonable judgement, may be damaged as a result of cleaning. 7.9If You require kitchen cupboards, fridges or freezers to be cleaned internally You must empty them prior to the Visit on which they are to be cleaned. 7.10We will properly dispose of all waste that results from the Cleaning Services. 7.11If cleaning work beyond the normal remit of the Cleaning Services is required (Oven or internal Fridge Clean for example) We will first obtain Your consent to perform such work and will add the costs of such work to the invoice for the Service Period in which the work takes place unless otherwise confirmed with us Prior. 7.12We do not provide vacuum cleaners, mops or steaming equipment. 7.13Any particular cleaning methods must be prior notified by You in writing and accepted by Us. We shall not be liable for any damage to surfaces or objects that require particular methods of cleaning where you have failed to provide the relevant prior written notice to Us. 7.14We may for marketing purposes use images of your property without identifying your name, location or address. If you do not consent to this you must give us Written notice in response to the Service order 8.Your Obligations 8.1You will ensure that the Cleaner can access the Property at the Agreed Times to provide the Cleaning Services. 8.2You may either give the Cleaner a set of keys to the Property or be present at the Agreed Times to give the Cleaner access. We take our Client’s security extremely seriously. We ensure that all Cleaners sign undertakings to ensure the safe keeping and return of keys. 8.3You must provide all appropriate cleaning equipment and ensure that all equipment is in good and safe working order. We will not be responsible for the Cleaner’s inability to provide the Cleaning Services effectively where cleaning equipment are not available. 8.4You must ensure that the Cleaner has access to electrical outlets and a supply of hot and cold running water and suitable lighting. 8.5You must provide us with at least 14 days’ notice of any cancellation due to holidays or long term absence. 8.6You must give Us at least 48 hours’ notice if You do not require the Cleaner to provide the Cleaning Services on a particular day or at a particular time. We will not charge for cancelled Visits provided such notice is given. If less than 48 hours’ notice is given We will charge You at the normal rate including where the Cleaner is unable to access the Property through no fault of their own. 8.7You will have adequate home insurance to cover for any loss or damage caused by the Cleaner. We shall not be liable for any loss or damage caused by the Cleaner. 8.8You will ensure that all pets are secured during the Visit and that the Cleaner is kept safe. 8.9You will ensure that all pets and children are kept away from all cleaning products. 8.10You will notify Us of any damage or breakages within 24 hours of the relevant Visit. 8.11You will not directly engage the cleaner provided by Us for any cleaning services whilst the cleaner is employed and/or contracted by Us during the term of the cleaner’s agreement with Us and for a period of 6 months following termination of Our agreement with the cleaner. 8.12You shall not use Our trade marks (registered or otherwise) for a cleaning business. 9.Complaints and Feedback 9.1We always welcome feedback from Our Clients and, while We always use all reasonable endeavours to ensure that Your experience as a Client of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint. 9.2All complaints are handled in accordance with Our complaints handling policy and procedure. 9.3If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways: 9.3.1In writing, addressed to Rachael Carter to the above address; 9.3.2By email to info@simplybrilliantcleaning.com 9.3.3 By contacting Us by telephone. 10.Cancellation of Agreement During the Cooling Off Period 10.1Where the Agreement is not made “on Our premises”, You (where you are a Consumer) have a statutory right to a “cooling off” period. This period begins once the contract between You and Us is formed and ends at the end of 14 calendar days after that date. 10.2If You wish to cancel the Agreement within the cooling off period You should inform Us immediately by a clear statement (e.g. a letter sent by post, fax or email to the email address specified in these Terms and Conditions). 10.3To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired. 10.4If You exercise the right to cancel You will receive a full refund of any amount paid to the Us in respect of the contract. 10.5We will refund money using the same method used to make the payment, unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund. 10.6We will process the refund due to You as a result of a cancellation without undue delay and, in any case, within the period of 14 days after the day on which We are informed of the cancellation. 10.7If the Start Date falls within the cooling off period You must make an express request for provision of the Cleaning Services to begin within the 14 calendar day cooling off period. By making such a request You acknowledge and agree to the following: 10.7.1If You cancel the Agreement after provision of the Cleaning Services has begun You will be required to pay for the Cleaning Services supplied up until the point at which You inform Us of Your wish to cancel; 10.7.2The amount due will be a fair proportion of the Monthly Fee. Any sums that have already been paid for the Cleaning Services will be refunded subject to deductions calculated on this basis. 10.8Clause 11 applies to termination of the Agreement after the 14 calendar day cooling off period has elapsed. 11.Termination 11.1In addition to Your rights in Clause 10 relating to the cooling off period, You may terminate the Agreement at any time after the Initial Period by giving Us at least 28 days’ written notice. 11.2You may terminate the Agreement with immediate effect by giving Us written notice if: 11.2.1We have breached the Agreement in any material way and have failed to remedy that breach within 14 days of You asking Us in writing to do so; 11.2.2We enter into liquidation or have an administrator or receiver appointed over Our assets; 11.2.3We are unable to provide the Cleaning Services due to an event outside of Our control (see Clause 13); 11.2.4We wish to change these Terms and Conditions to Your material disadvantage. 11.3We may need to terminate the Agreement before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform You as soon as is reasonably possible. 11.4After the Start Date and once the Initial Period has expired, We may terminate the Agreement at any time by giving You at least 3 days’ written notice. 11.5We may terminate the Agreement with immediate effect by giving You written notice if: 11.5.1You fail to make a payment on time as required under Clause 6 (this does not affect Our right to charge interest on overdue sums under sub-Clause 6.6); 11.5.2You have breached the Agreement in any material way and have failed to remedy that breach within 14 days of Us asking You in writing to do so; or 11.5.3We have been unable to provide the Cleaning Services for more than two weeks due to an event outside of Our control (see Clause 13). 11.6For the purposes of this Clause 11 a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding. 12.Effects of Termination 12.1If the Agreement is terminated for any reason the provisions of this Clause 12 will apply. 12.2If at the termination date: 12.2.1Fees paid to us within the notice period shall be retained by Us; 12.2.2We have provided Cleaning Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 6. 12.3Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect. 12.4Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Agreement which exist at or before the date of termination. 13.Events Outside of Our Control (Force Majeure) 13.1We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control . 13.2If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions for a period of 30 days or more: 13.2.1We will inform You as soon as is reasonably possible; 13.2.2Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly; 13.2.3We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Cleaning Services as necessary; 13.2.4You or We may terminate the Agreement (see Clause 11). 14.Liability 14.1We will not be liable for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in connection with the late arrival of the Cleaner, existing damage, non-satisfactory results as a consequence of a third party or client walking on wet floors or using appliances during or shortly after the Visit or for odours cause by lack of ventilation and/or appropriate heating. 14.2We will maintain suitable and valid insurance including public liability insurance. 14.3We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity. 14.4Our total liability for any loss or damage caused as a result of our negligence or breach of these Terms and Conditions or the Agreement (or that of the Cleaner) is limited to the Fees for the Service Period in which the loss or damage incurred by the Client arising from 14.5We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us or the Cleaner. 14.6Nothing in these Terms and Conditions is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation. 14.7Nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office. 15.How We Use Your Personal Information (Data Protection) 15.1All personal information that We may collect (including, but not limited to, Your name and address) will be collected, used and held in accordance with the provisions of the General data Protection Regulations and Data Protection Act 2018 and Your rights under the legislation. 15.2We may use Your personal information to: 15.2.1provide the Cleaning Services to You; 15.2.2process Your payment for the Cleaning Services; 15.2.3inform You of new products and services available from Us. You may request that We stop sending You this information at any time. 15.3In certain circumstances (if, for example, You wish to pay for the Cleaning Services on credit), and with Your consent, We may pass Your personal information on to credit reference agencies. These agencies are also bound by the legislation and should use and hold Your personal information accordingly. 15.4We will not pass on Your personal information to any other third parties without first obtaining Your express permission. 16.Other Important Terms 16.1We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes. 16.2We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them. 16.3You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld). 16.4The Agreement is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement. 16.5If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected. 16.6No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision. 17.Law and Jurisdiction 17.1These Terms and Conditions and the relationship between You and Us (whether contractual or otherwise) will be governed by, and construed in accordance with, English Law. 17.2Any dispute, controversy, proceedings or claim between You and Us relating to the Agreement or these Terms and Conditions (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by Your residency.