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TERMS AND CONDITIONS OF E&D CLEANING SERVICE (AGENCY & CLIENT) These terms of business of E&D Cleaning Services Agency can be referred to as “we” or the “Agency” govern all transactions between "you”, “the client”  and the Agency concerning the service supplied by the Agency to The Client " as specified in this agreement. We enter into this agreement with You, intending that all terms of the Agreement between us are included in these terms and conditions once you make an order of our services by phone, online, in person or in writing. Also incorporating any other special requirements. Regular Domestic Cleaning and Ironing 1 SERVICE PROVIDED BY THE AGENCY 1.1 In receipt of payment of monthly commission from You in accordance with Clause 2 below, we will provide you with a cleaner from our database of approved domestic cleaners. 1.2 We will check and vet each Cleaner and provide details to you as we may find it necessary. 1.3 Once a service is booked we will engage in an agreement and regard that a service is received once a cleaner is booked and that cleaner has received your contact details and has engaged in her first visit. 1.4 We reserve the right to alter the service supplied as well as to change the terms of our insurance, done with reasonable reasons. 1.5 We act as an introductory agency to clients looking for cleaners. The agency will be contracted to present and introduce clients to cleaners and vise versa. 1.7 We as an Agency will carry out quality checks on the cleaners' performance, to uphold an acceptable standard. However, the cleaners are under the client's supervision/contracting. The cleaners are self-employed & are contracted to do cleaning by the client. 2 PAYMENT 2.1 You agree to make payments to the agency on monthly basis in advance for the charges of the agency by cheque, cash or standing order and for the cleaner to our client account for regular domestic cleaning. The Sum may be varied by the Agency giving you notification of 14 days before the payment is to be received. You will be responsible for payments under this agreement whether or not you benefit form the cleaner or the agency's services until the contract is terminated under clause 7.2. No payment will be due only in the event that there is a non payment week. Should your account be credited from us for any reason you will be able to continue to receive service after this agreement has expired until you credit is exhausted. Please note that paying the outstanding balance by debit/credit card You may incur a 3% card processing charge. 2.2 To clarify on the non payment week you will not be required to pay in the event of: The cleaner is not present for cleaning and it is not your fault and you have notified us and requested a non payment week; you have written to the agency for a non-payment week and we have agreed; we have failed to provide you with a cleaner within 3 working days and you have notified us in writing within 24 hours of such event. 2.3 The minimum fixed term for this Agreement for regular domestic cleaning is 3 months. Thereafter, You can end this Agreement by giving at least 1 month's original written notice with Your original hand signed signature to the Agency. At the main address from our website. 2.4 You are responsible for paying for cleaners used by You through us by using our client account (or by other method agreed in writing between You and us as mediators) at the end of each visit at the agreed hourly rate plus any supplementary costs specified on the order form or notified by the Agency from time to time. 2.5 A sum equivalent to the hourly rate at the front or beginning of the order form will be payable to the agency for each cancelled appointment to compensate for inconvenience and expense should You cancel appointment(s) with the Cleaner, by giving the Agency no notice or less than two working day's notice. 2.6 When You pay directly to the Agency, we shall keep records and use a Worker's Earnings Receipt Form, alternatively, You, for tax purposes, shall keep a record and copies of all such Forms, for a period of not less than 6 years, in respect of all Cleaners You use, and shall provide the Agency with copies upon request, 2.7 If this Agreement ends, no refunds or discounts will be given by the Agency, for fees paid to date or in advance, or in respect of any credit standing to the Client's account. You will be entitled to have a Cleaner allocated during any notice period, and for any additional period, where appropriate, for which You have paid in advance. Upon expire of the agreement a statement will be provided with final charges due if any adjustments are to be applied. 2.8 Should you have the intention to permit the cleaner to hold keys for the property The Agency will ensure that the cleaner signs a key security deposit form. 2.9 Should you use the cleaner for more hours that the agreed time, you will have to pay the outstanding difference between the booked and extra time. You will be required to fill in and sign the cleaners extra hours form, the Agency shall then notify you of the additional amount to be paid in next monthly payment. 2.10 If your payments are not made on time or in advance a surcharge of 10% will be applied per month for each month's delay. Should we be required to pursue payments which you refuse to pay for services rendered we will request payment for the expenses in collecting the initial payment as well as fees to other in situations involved in the collection process.   2.11 50 % of our quoted fee will be payable on booking of any additional service. The client may cancel or reschedule a service by giving maximum 48 hours notice but if we are not notified on time no refund will be given against the deposit. We reserve the right to charge a cancellation fee of up to 80% of the quoted price for the booked service. 2.13 For regular domestic cleaning the sum of the hourly rate on the order form equates to £3.00 for the fees of the Agency and £6.50 for the contracted cleaner. 3 THE CLIENT'S OBLIGATIONS 3.1 YOU WILL CONTRACT THE CLEANER DIRECTLY AS A SELF EMPLOYED  and you will be responsible for providing us and the cleaner cleaning times, giving instructions, and for the correct and punctual payments at the agreed hourly rate, through our client account and with a minimum per visit of 2 hours. 3.2 You would need to notify the agency at least 24 hours prior to - changes in hours and days the cleaner must work, - complaints to cleaner relating to cleaner change - absence of cleaner and for us to rectify the situation. 3.3 You would be required to supply all the necessary materials and equipment for the cleaner to carryout her duties unless you requested that to be supplied by the agency at a surcharge. 3.4 You are responsible for specifying to the cleaner and the agency the requirements for the cleaning job and issuing cleaning instruction, and a task list with the help of the agency. 3.5 You will give all instructions as to duties to be performed and hours to be worked, direct to the Agency, and shall be responsible for contracting with and terminating the contract of the Cleaner through the Agency. 3.6 You must allow the cleaner access to hot water & power for the equipment & materials. All fragile and breakable items must be secured or removed. 3.7 The client agrees to inspect the work immediately after it is completed and to draw to the attention of the cleaner of any such further work to be carried out reasonably required but if the client is still not satisfied the client must notify us in writing immediately. 3.8 If keys are provided they must open the lock without any special efforts or skills. 3.9 All cleaning equipment should be safe and in full working order. If the client does not have cleaning materials and client asks the Agent to purchase the said items on their behalf, client understands that an applicable service charge will be assessed. 3.10 If Cleaners need to collect keys from a third party's address outside the postal code of the premises where work is to be carried out then a £10.00 charge may apply. 3.11 The client understands that the price he/she has been quoted is not for a "package deal" and does not include anything apart from introduction to cleaning labor. 3.12 If any estimates of how long it will take our operatives to do the job required are being provided that is only an estimate based on the average time it takes to clean a home of similar size to the client's, it being difficult to estimate precisely how long such tasks may take and that a degree of flexibility may be required. 3.13 The client accepts and understands that poor service, breakage/damage or theft must be reported immediately after the service visit. Failure to do so will entitle clients to do nothing. 3.14 If the client has scheduled an inventory check then it must be scheduled to commence immediately after the cleaning job has been carried out, in the presence of the cleaner. 3.15 If the client is not completely satisfied with a cleaning job, We will re-clean any areas and items to clients' satisfaction, only when such a claim is made within 1hour after the cleaning.   3.16 All fragile and highly breakable items must be secured or removed. 3.17 We reserve the right for our cleaners not to be responsible for: cleaning job not complete due to the lack of suitable cleaning materials and/or equipment in full working order, hot water or power; third party entering or present at  the client's premises during the cleaning process; wear or discoloring of fabric becoming more visible once dirt has been removed; failing to remove old/permanent stains that cannot be removed using standard carpet cleaning methods; existing damage or spillage that cannot be cleaned/removed completely using provided by the client cleaning materials and equipment or standard carpet cleaning equipment; any damages caused by a faulty or not in full working order materials/equipment supplied by the client; accidental damages worth £250.00 or less; any accidental damages caused by our cleaners if the customer has an unpaid balance owed to Us. 4 OBLIGATIONS OF THE AGENCY 4.1 Once you make a booking the Agency will allocate to you and send you a cleaner at the agreed time for you to engage the cleaner for domestic cleaning and ironing or conduct an interview; should you not be satisfied with the cleaner the agency will send you a different cleaner. 4.2 Should you cancel a cleaner prior to us sending you a cleaner a £15 cancellation fee will apply except in the event where we have failed to allocate to you a cleaner within the above mentioned time. 4.3 We will take great care in selecting cleaners and checking their references and documents to make sure they are competent work people but we cannot be held responsible for any reason for failure of selection procedure or worker arisen problems. 4.4 Should the introduced cleaner refuse without cause to comply with the reasonable terms of the client, fall ill, go on holiday or leave for any reason whatsoever, then We will undertake to supply a replacement cleaner at the earliest opportunity and in any event within 3 days of notification of the departure of the original introduced cleaner. 4.5 We as an Agency will make regular supervision of the Cleaner on your property for the quality cleaned and to uphold the required standard, you will be notified when such inspections are carried out. 5 INSURANCE 5.1 You are the contractor of the Cleaner and must ensure that your household insurance policy provides employers' liability cover in respect of domestic servants with a minimum level of cover of £1,000,000 per claim. The Agency may ask you to provide proof that such cover is in place and that all relevant insurance premiums are up to date. 5.2 As a benefit to You each Cleaner contracted by You from the Agency's database, will have their own insurance policy which includes public liability cover providing for a maximum payment of £1,000,000 in the event of damage to the Client's property, provided that this damage is caused by the negligence or omission of the Cleaner. You acknowledge and confirm that each Cleaner is contracted by the Client not the Agency and that, save as otherwise herein provided, We will not be liable for any act, default or omission of the Cleaner. You acknowledge and agree that the Agency does not have access to police records, and may not have access to criminal records, when vetting Cleaners and We cannot be liable for false or misleading information provided by Cleaners. 5.2.1 The insurance policy will only cover damage to property if and to the extent that the damage is of a value in excess of £250. 5.2.2 No such insurance will be arranged referred to in this clause if the contracting fees of the Cleaner have not been paid by the Client in accordance with the terms and conditions of this Agreement. 5.3 The agency has its own insurance policy covering employer liability and public liability. 5.4 An insurance policy taken out by the Client may void the insurance policy referred to in this clause in which event all damage and loss will only be recoverable under any policy of the Client. 5.5 Items excluded from liability are: cash, jewelry, items of sentimental value (the clients will be credited with the items present cash value), art and antiques. Key replacement/locksmith fees are paid only if keys are lost by our operatives. There is a £30 per location liability limit. 6 EXCLUSION OF LIABILITY 6.1 To the extent permitted by law, the Agency hereby excludes liability, for any loss or damage whatsoever, including breach of contract, breach of any statutory provisions or implied terms, and/or as a result of negligence of the Agency or its employees or agents, or that of any Cleaner sourced through the Agency. 6.2 The Agency will not be liable for any loss or damage to the Client or any goods or property of the Client however arising. 6.3 If the Agency is held liable by the courts to the Client for any reason whatsoever, including for its negligence, the Agency will only be responsible for any losses that the Client suffers which are a reasonably foreseeable consequence, up to a maximum of a year's retainer. 6.4 In any event, the Agency doesn't accept liability for any business loss (without limitation, any loss of contracts or business opportunity, loss of revenue, loss of profits or loss of anticipated savings in expenditure). 6.5 The Agency shall not be liable under any circumstances for any losses that the Client suffers as a result of any failure by a Cleaner to comply with his/her contractual obligations for whatever reason regardless of the fact that such Cleaner may have been recommended or introduced to the Client by the Agency. 6.6 The Agency shall not be liable for any failure of, or delay in, performance of all or any part of any contract in accordance with these Terms which is due wholly or partially to any cause or occurrence beyond the Agency's reasonable control. 6.7 The Agency shall not be required to perform or complete performance, nor shall it incur any liability for failure to carry out the terms of this Agreement, if at the relevant time the Client is in breach of any obligation to the Agency under any contract with the Agency. The Agency shall have a reasonable time, after such a breach is remedied, to carry out its obligations under this Agreement. If such a breach is not remedied within a reasonable time, the Agency may, on giving reasonable notice to the Client, end this Agreement and shall have the same rights against the Client as if the Agency had ended this Agreement due to a breach of a term of this Agreement by the Client. 6.8 The Agency is not responsible for the failure of any Cleaner to return keys or for any loss whatsoever that may arise as a result. In such circumstances, the Cleaner shall be liable. 6.9 In any event, the Agency shall not be liable for any loss or damage whatsoever caused by bleach or any substances containing bleach. 6.10 All warranties in respect of the Service, whether implied by statute or common law, made expressly or otherwise, are hereby excluded to the extent permitted by law. Furthermore, to the extent permitted by law, the Agency does not guarantee the service, or the performance thereof, in any way whatsoever. 6.11 The Agency may keep any retainer, and decide not to allocate the Client a Cleaner, if it believes that the Client is acting unlawfully, or is an unsuitable or unreasonable contractor, the Agency's decision being final in this matter. 6.12 If the Agency believes that the Client has used, or is attempting, or intending to use, a Cleaner without paying the Agency, the Agency's decision being final in this matter, the Agency has the right not to supply the Client, and to keep any retainer. 7 TERMINATION 7.1 This agreement can be terminated by us by giving 2 days notice to the client and the termination is subject to clause2.3 and 2.7. 7.2 The client can terminate the contract with a one month's written notice at the expiration of each quarter and not before the first quarter has expired and the termination is subject to clauses 2.3 and 2.7 7.3 The client cannot employ or contract a cleaner which has been introduced by the agency to the client for a 12 month period after the contract termination should the client do so the situation would be regarded as the contract has not been terminated and the money to the agency immediately be owed for the introductory services. 7.4 You as a client are not allowed to refer a cleaner to anyone unless you refer the agency itself. This is regardless of whether you have a contract with us or it has been terminated. Should this clause be broken you would owe compensation to the agency of referral fee of £700 7.5 In clarification to point 7.3 and 7.4 The Client agrees that after the termination of the cleaning service he/she will not hire or use any domestic services provided by a present or past cleaner introduced to the Client by Us. If the Client does wish to hire or use the domestic services provided by the Agency but retain the services of the cleaner then he/she must pay a referral fee of £700.    7.6 Should the client want to cancel the contract at any point or stop paying for the cleaner and requests cleaners to stop attending his property the contract will be regarded as terminated and a £150 cancellation fee will be owed by the client to the Agency for not providing proper notification of contract cancellation. 8 GENERAL 8.1 CARPET, CURTAIN, RUG, WINDOW, UPHOLSTER CLEANING 8.1.1 We reserve the right to amend the initial quotation, should the client's original requirements change. 8.1.2 All carpet cleaning prices are subject to £70.00 minimum call out charge (upholster cleaning is subject to £50.00 minimum call out charge). 8.1.3. Clients may cancel the scheduled cleaning job at least 48 hours prior to the agreed start time. Customer agrees to pay 50% of the quote as a cancellation fee if the customer cancels or changes the date/time less than 48 hours prior to the scheduled appointment. Customer agrees to pay 50% of the quote as a cancellation fee in the event of a lock-out, our cleaners being turned away; no one home to let them in; no water or power available at customer's premises; or problem with customer's keys. If an initial deposit has been paid to the Agency then the customer agrees that the deposit funds may be used to cover the cancellation fee. 8.2. The agency can't be held responsible for one off-cleaning jobs for carpet cleaning as well as upholster cleaning as we introduce sub-contracts that perform the duties and even though great care will be taken when doing the job no performance guarantee can be given. 8.3. The Agency and the carpet cleaners cannot be held responsible for failing to remove permanent stains which are found very rarely. CLOSING TERMS 8.4 It is the intention of the Agency that the terms and conditions are made available to the client by copy or have available on the website. Should the client have special requirements they would have to be noted on the order form, agreed and signed by the client and company director. It is the client's responsibility to have read and understood the terms and conditions of the Agency. It is the clients responsibility to acquire the terms and conditions to be able to read them if they have not been made available to him for any reason. The client agrees that by booking our services he has read and accepted our terms and conditions of business. 8.5 If any provision of this Agreement shall be found to be void, invalid or unenforceable, whether by a court of law, agreement of the parties or otherwise, the remainder of this Agreement shall remain in full force and effect notwithstanding any such invalidity, illegality or unenforceability but the provision in question will either be amended so as to make it valid, legal and enforceable or, in the event that this is not possible, deleted. 8.6 No delay or failure on the part of the Agency to exercise or enforce any rights or remedies pursuant to the terms of this Agreement shall constitute a waiver of such rights or operate to prejudice the exercise of any such rights at any time thereafter. 8.7 By ordering E&D Cleaning Services by telephone, e-mail, fax or through website(s) the customer agrees to be bound by these terms and conditions. 8.8 The above terms and conditions shall be governed by the relevant English and Walsh law, and by agreeing to be bound by them the client agrees to submit to the exclusive jurisdiction of the relevant courts of the UK. 8.9 We reserve the right to make any changes to any part of these terms and conditions without giving any prior notice. Please check the website(s) for updates.