Our Cleaning Services Terms and conditions
Please read these Terms and Conditions carefully. All contracts that the Provider may enter into from time to time [for the provision of the Provider’s services] shall be governed by these Terms and Conditions.
- Definitions
1.1 Except to the extent expressly provided otherwise, in these Terms and Conditions:
“Business Day” means any weekday other than a public holiday;
“Business Hours” means the hours of [09:00 to 18:00 SGT] on a Business Day;
“Charges” means the following amounts:
Agreed amounts by the parties for the cleaning services
“Contract” means a particular contract made under these Terms and Conditions between the Provider and the Customer;
“Customer” means the person or entity requesting the cleaning service
“Customer Premises” means [any premises owned or controlled by the Customer];
“Effective Date” means [the date of execution of a Statement of Work incorporating these Terms and Conditions];
“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including [power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars]);
“Provider” means Cleaning Edge services;
“Services” means the cleaning services specified
“Statement of Work” means a written statement of work agreed by or on behalf of each of the parties;
“Term” means the term of the Contract, commencing in accordance with Clause 3.1 and ending in accordance with Clause 3.2; and
“Terms and Conditions” means all the documentation containing the provisions of the Contract, namely the main body of these Terms and Conditions and the Statement of Work, including any amendments to that documentation from time to time.
- Term
2.1 The Contract shall come into force upon the Effective Date.
2.2 The Contract shall continue in force OR [until:
(a) all the Services have been completed; and
(b) all the Charges have been paid,
upon which it will terminate automatically], subject to termination in accordance with Clause 13.
2.3 Unless the parties expressly agree otherwise in writing, each Statement of Work shall create a distinct contract under these Terms and Conditions.
- Services
3.1 The Provider shall provide the Services to the Customer in accordance with these Terms and Conditions.
3.2 The Provider shall provide the Services [with reasonable skill and care] OR [in accordance with the standards of skill and care reasonably expected from a leading service provider].
3.3 The Provider shall devote such of its personnel’s time and expertise to the performance of the Services as may be necessary for their satisfactory and timely completion.
3.5 The Provider shall review all reasonable requests time to time from the Customer in relation to the Services provided and make variations in the charges to add the new request if deemed necessary.
- Customer Premises and obligations
4.1 The Customer shall:
(a) Provide to the Provider such as access to the Customer Premises as is reasonably required by the Provider for the provision of the Services;
(b) Maintain the Customer Premises in good order for the supply of the Services and in accordance with all applicable laws;
(c) The consumer shall provide all cleaning agents and cleaning products, supplies, and equipment unless it is a specialized service that the provider will provide.
4.2 If the Customer is not a consumer, then in the performance of the Services at the Customer Premises, the Provider shall comply with all reasonable health, safety and security rules, regulations and requirements advised by the Customer to the Provider.
4.3 Save to the extent that the parties have agreed to the services, the Customer must provide to the Provider, such:
(a) Co-operation, support, and advice;
(b) Information
as are reasonably necessary to enable the Provider to perform its obligations under the Contract.
4.2 The Customer must provide to the Provider access to a water supply, a mains electricity supply and toilet facilities].
- Charges
5.1 The Customer shall pay the Charges to the Provider in accordance with these Terms and Conditions.
5.2 The Charges are based in whole or part agreed upon by the parties before commencing the work.
5.3 The Provider may elect to vary [any element of the Charges] by giving to the Customer notice of the variation if there are additions to the scope of work.
- Payments
6.1 The Provider shall issue invoices for the Charges to the Customer [from time to time during the Term] OR [on or after the invoicing dates set out in Section 5] OR [at any time after the relevant Services have been delivered to the Customer] OR [in advance of the delivery of the relevant Services to the Customer].
6.2 The Customer must pay the Charges to the Provider within the stipulated period following the issue of the invoice and if the stipulated period is not stated in the invoice, it would be within 30 days of the date of the invoice.
6.3 The Customer must pay the Charges by [debit card, credit card, direct debit, bank transfer or cheque] (using such payment details as are notified by the Provider to the Customer from time to time).
6.4 If the Customer does not pay any amount properly due to the Provider under these Terms and Conditions, the Provider may:
(a) Charge the Customer interest on the overdue amount;
- Distance and off-premises contracts: cancellation right
7.1 The Customer agrees that the Provider may begin the provision of services before the expiry of the period, and the Customer acknowledges that, if the Provider does begin the provision of services before the end of that period, then:
(a) If the services are fully performed, the Customer will lose the right to cancel.
(b) if the services are partially performed at the time of cancellation, the Customer must pay to the Provider an amount proportional to the services supplied, the costs that have been incurred (example, insurance, safety assessment, license fees, material, transportation, etc) and any cancellation charges as stated in the invoice.
7.2 In order to withdraw an offer to enter into the Contractor cancel the Contract on the basis described in this Clause 9, the Customer must inform the Provider of the Customer’s decision to withdraw or cancel (as the case may be). The Customer may inform the Provider by means of any clear statement setting out the decision. In the case of cancellation, the Customer may inform the Provider using the cancellation form that the Provider will make available to the Customer. To meet the cancellation deadline, it is sufficient for the Customer to send its communication concerning the exercise of the right to cancel before the cancellation period has expired.
7.3 If the Customer withdraws an offer to enter into the Contract, or cancels the Contract, on the basis described in this Clause 9, the Customer will receive a full refund of any amount the Customer paid to the Provider in respect of the Contract, except as specified in this Clause 9.
7.4 The Provider will refund money using the same method used to make the payment unless the Customer has expressly agreed otherwise. In any case, the Customer will not incur any fees as a result of the refund.
7.5 The Provider will process the refund due to the Customer as a result of a cancellation on the basis described in this Clause 9 without undue delay and, in any case, within the period of 14 days after the day on which the Provider is informed of the cancellation.
- Warranties
8.1 The Provider warrants to the Customer that it has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions.
8.2 The Customer warrants to the Provider that it has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions.
- Limitations and exclusions of liability
9.1 Nothing in these Terms and Conditions will:
(a) Limit or exclude any liability for death or personal injury resulting from negligence;
(b) Limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) Limit any liabilities in any way that is not permitted under applicable law; or
(d) Exclude any liabilities that may not be excluded under applicable law,
9.2 The limitations and exclusions of liability set out in this Clause 11 and elsewhere in these Terms and Conditions:
9.3 The Provider will not be liable to the Customer in respect of any losses arising out of a Force Majeure Event.
9.4 The Provider will not be liable to the Customer in respect of any loss of profits or anticipated savings.
9.5 The Provider will not be liable to the Customer in respect of any loss of revenue or income.
9.6 The Provider will not be liable to the Customer in respect of any loss of business, contracts or opportunities.
9.7 The Provider will not be liable to the Customer in respect of any special, indirect or consequential loss or damage.
- Force Majeure Event
10.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under the Contract [(other than any obligation to make a payment)], that obligation will be suspended for the duration of the Force Majeure Event.
10.2 A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under the Contract, must:
(a) promptly notify the other; and
(b) inform the other of the period for which it is estimated that such failure or delay will continue.
- Termination
11.1 Either party may terminate the Contract by giving to the other party a written notice of termination.
11.2 Either party may terminate the Contract immediately by giving written notice of termination to the other party if:
(a) the other party commits any [breach] OR [material breach] of the Contract[, and the breach is not remediable];
(b) [the other party commits a [breach] OR [material breach] of the Contract, and the breach is remediable but the other party fails to remedy the breach within the stipulated period following the giving of a verbal or written notice to the other party requiring the breach to be remedied.
- Effects of termination
12.1 Upon the termination of the Contract, all of the provisions of these Terms and Conditions shall cease to have an effect, save that the following provisions of these Terms and Conditions shall survive and continue to have an effect (in accordance with their express terms or otherwise indefinitely).