Terms-Conditions

Definitions
• Business Day” means a day other than a Saturday, a Sunday. a public holiday or any other day on which the principal banks located in London UK, that are not open for business between the hours of 9am and 5pm
• “Business Client” means a business or a public authority.
• “Equipment” means the cleaning equipment including cleaning tools, cleaning sprays etc. which is provided by Us
• “Fees”means any charges payable for Services provisioned from Us
• “Installation Date” means the date when we will commence with the cleaning services on. Order form means an order for the services or additional services placed with us by either the Residential or Business client the either (“the Parties or Party”).
• “Residential Client” means a household client requiring cleaning services. Services means a single, one off, recurring or a combination of cleaning requirements as per the Order Form
• “Site” means where the cleaning is to be provided (e.g location or property) We,Our, Us” means Wharfedale Exterior Cleaning provider of exterior cleaning Services.. You/Your” means where applicable the Business Client or the Residential Client.

Term
The agreement will govern any any pre-order quotations which we will issue to you and any signed order form will begin from the appointment date to its duration(“the initial term”). Further renewals of the initial term shall be subject to you confirming in writing thirty days(30) before the renewal is due for which We will invoice(“Renewal Term:). The Order Form and any written confirmation is deem acceptance of the Services.

Your responsibilities

1. By allowing Us access to the Site You confirm that We can inspect the area or Site prior to contracting for the Services.
2. You will provide onsite access to the site (including water, electrics, waste services, each floor(s), floor(s) access, front, rear etc) on the Installation Date for Us to provide the cleaning Services. Where You are unable to access rear of location then a reduced service may be provided by us at the Full Fees.
3. To remove any fixtures or fittings (e g curtains, seals etc) or pets, children as requested by Us.
4. Where applicable to make unsafe or hazardous installation Site in good a safe condition for Us at Your own cost We do not use Your cleaning equipment.
5. Where You are aware of pre-existing problems (including structural or non-structural) You will notify Us prompt.
6. If We have to re-visit the premises to carry out the original Installation Date due to restricted or no access You will pay any additional charges incurred to Us for the re-visit.
7. Where You are using Finance to pay for theServices You authorise Us to provide Your name, contact details for them to contact You about finance options.
8. You may be given recommendations to take additional steps by Us to remedy any run off’s or reduce cleaning fluid concentration where its impacting other items (e.g grass etc) which You will adopt
9. Inform Us of any checks with security staff, on site manager, emergency alarms or evacuation procedures at the installation Site,
10. In exchange for the Services to a reasonable satisfaction as per clause 6 below You will pay the Fees.

Our responsibilities

1. To provide the cleaning Services at a Site and on the Installation Date or as other agreed mutually to You as per the Order form
2. To create a quote which will be valid for seven (7) Business days (except ones which are withdrawn) for You following an initial inspection and risk assessment
3. We will do a risk assessment for each installation on Site. As part of this assessment We may take notes, pictures or videos of the installation before commencing the cleaning Services
4. We will use reasonable endeavours to complete the work on each Installation Date We reserve the right to re-schedule the Installation Date We will notify You by call or in writing,
5. To use Our ownEquipment to carry out the cleaning Services at Your Site
6. We may use third parties to assist Us in delivering the cleaning Services
7. We will always use an independent FCA registered company for Your Finance which operates separately from Us.
   a. To ensure that Our representatives are have had the appropriate health and safety training to operate safely on the installation Site. If an installation Site is unsafe, We will inform You

Reschedule or cancelling cleaning services.

1. If either the Commercial Client or Residential Client wants to reschedule the cleaning Services with Us, We will provide You with alternative Installation Date, where its rescheduled before the fourteen (14) days of the original Installation Date is due.
2. Any cancellation must be submitted to us in writing by You fourteen (14) days prior to the original Installation Date ls due without incurring any cancellation Fees. Where You cancel outside of this period, We reserve the right to charge up to twenty five percent (25) of the total fees to cover the internal administration charges.
3. The Residential Client may cancel their order without incurring any Fees fourteen (14) days after an Order form is placed with Us as part of the cooling of period

Satisfaction

1. Each cleaning Service will be an installation provided by Us on the Installation Date to a reasonable satisfaction
2. Where You are not satisfied with the cleaning Services, We will use reasonable endeavours rectify the issue where applicable within five (5) Business Days or as otherwise agreed mutually. We are unable to give a refund.
3. You will allow Us to re-enter the Site to rectify the issue.

Confidentiality

1. To maintain the other Party’s confidential information in strict confidence and prevent unauthorised use or access:
2. Not to copy, alter or disclose confidential information only for the Services;
3. Not to disclose such confidential information in whole or part to any third party who are not connected with the Services;
4. Not to use any such confidential information for any other purpose except for the Services;
5. Each Party may disclose the confidential information of the other Party employees on a need to know basis for the Services only;
6. Except where it is was independently developed outside this Agreement, required by law, auditor, regulator or is made public

Warranty

1. Each Party has the authority to enter into this Agreement
2. We are to provide the Service with reasonable skill and care
3. Our Equipment will be in good working order and suitable for use at the Site

Fees and Invoicing

• (i) The Residential Client shall pay twenty-five (25%) percent Fee in advance when the order is placed with Us and remainder on Fees on completion of installation The Fees are exclusive of any additional applicable taxes which shall be payable by You
  1 The Fees are exclusive of any additional applicable taxes which shall be payable by the Business Client within thirty (30) days or otherwise agreed payment days from the date of the invoice,
• You will only pay for the Fees which have You have been told about and agreed as part of the Service. Any disputed invoices shall go through the dispute resolution below. Any decision on finance will be taken independently and not by Us. If You are late on payment of invoice after the thirty (30) days as per 7.1 above then late payment charges of annual rate of 5% above the Royal Bank of England base lending rate will apply an a daily basis,
• We reserve the right to suspend any installation Initial Team or Renewal Term where the invoice remains unpaid by You.
• Your Fees may increase annually by 2″/4 in fine with the retail price index.

Data protection
The definition of the Data Controller, Data Processor; Data, Personal Data, Processing Personal Data Breach is in accordance with the Data Protection Act 2018 and the General Data Protection Regulation
Where applicable Wharfedale Exterior Cleaning will be acting as the Data Controller where it collects or determines the purpose of the Personal Data for the Services except where this is collected or determined by the Business Client, in this case Wharfedale Exterior Cleaning is the Data Processing of the Business Client
Where applicable We agree to make and maintain all necessary registrations where required by law as the Data Controller.
4, Where applicable We shall orly process Personal Data for the purpose stated for the processing pursuant to Our privacy policy.
We will retain Personal Data as per the retention policy.
On termination of this Services the Personal Data will be deleted except required as per clause 10.5 above.

We will assist reasonably in responding to a Personal Data Breach as per Our Data breach policy.
Intellectual property
All data and information created by the You prior to the Services being provisioned by Us shall at all times remain exclusive property of You and We shall not acquire any rights herein. Nothing in this Agreement transfers any of the third-party intellectual property to Wharfedale Exterior Cleaning.
All data and information prepared by Wharfedale Exterior Cleaning prior and after to the of the Services shall remain exclusive property of Wharfedale Exterior Cleaning and the You shall not acquire any rights herein

Termination
l This Agreement continues for the Initial Term and continues for the Renewal Term in the Order Form or written confirmation until terminated by either Party subject to the provisions below.
2 This Agreement may be terminated for. –
I Convenience by either Party with thirty (30) days written termination notice
2 Without Imitation, either Party may by notice to the other Party in writing immediately terminate this Agreement if You shall:
1 be in breach of any of the terms of this Agreement which in the case of u breach capable of remedy is not remedied by the You within thirty (30) days of receipt of a notice from the the You specifying the breach and requiring its remedy;
be incompetent, guilty of gross misconduct and or any serious or persistent negligence in the provision of the Services hereunder;
goes Into bankruptcy, compulsory or voluntary liquidation;
On termination of this Agreement(i) only valid invoice Fees due to the date of termination shall be due and We shall have no liability after this date.

Limitation of liability and indemnity

Nothing in this Agreement will limit liability for personal injury, death, fraud or any other liability which cannot be excluded by law
Any warranties or conditions under statute or common law.
°’Both Party’s aggregate liability under this Agreement including contract. tort (including negligence), breach of statutory duty, shall be limited one hundred percent (100%) of the total order Fees paid by You to Wharfedale Exterior Cleaning
In no event will the one Party be liable to the other Party for any indirect, consequential, special, punitive, incidental damages, loss of profits, income, revenue, business or commercial opportunities, goodwill, reputation, cost of replacement.any types of oils, solvents, stains and paints. We will not be liable for damages on existing conditions and after the cleaning Services including structural, loosens, decorative walls, windows, guttering, pointing, insecure items. We will use reasonable endeavours to rectify any surface damage limiting to twenty five(25) percent of the order fees.
You agree to indemnify, defend and hold harmless Wharfedale Exterior Cleaning and its directors, employees, associates from any and all third party claims or demands in relation to liability, copyright, intellectual property damages, injury, death or loss and/or costs(including but not limited to reasonable fees) arising from breach of these terms and conditions and any rights of another Provided that We/Are given notice of such claim or demand and the authority to defend such claim.

Insurance
The limits of insurance operate separately to the limitation of liability (clause 6) above We shall maintain with a reputable insurance company adequate policy or policies of insurance cover of £1,000,000 (GBP) for professional indemnity, £2,000,000 (GBP) for Employers liability. £1,000,000(GBP) for public liability in terms of risk.

Notices
Any notices should be sent in writing to the other Party’s registered or known address in the Order form and copy by email

Anti-Bribery
The parties win comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruptionIncluding but not limited to the Bribery Act 2010.

Third Party
A person who is not a Party to this Agreement has no right under the Contracts (Rights of Third Parties) Act1999 to enforce or to enjoy the benefit of any term of this Agreement

Assignment and variation
We may sub-contract any part or whole of the Services in order to provide the Services. The Customer may not assign any Services whole or in part without Our prior written approval Any part of the Agreement may be varied in writing subject to a variation agreement and approved by the other Party.

Dispute resolution
If You are unhappy with any part of the Services, then write to us within seven (7) Business Days from the date of the failure. On receipt of the complaint we will review and agree any reasonable corrective actions with You within Fourteen (14) Business Days. We may require the You to be present during the corrections. If the dispute persists then the parties agree to refer the matter to mediation.

General
• The above Terms and Conditions constitute an entire agreement between the parties and supersede any and all preceding agreements.
• We reserve the right to modify and update the Terms and Conditions from time to time without any further notice, Please check for updates.

If any Force majeuve event(eg floods war) means either Party cannot continue to provide the Services then neither Party shall be liable for duration of these events. If the event continues for thirty(30) days either Party shall be entitled suspend temporarily until such it can are rescheduled. If services cannot be suspended the Parties can terminate the agreement.
If You breach these conditions and We take no action, We will still be entitled to use Our rights and remedies in any Other situation where You breach these Terms and Conditions 5, Nothing in this Agreement constitutes a joint venture or a partnership between the parties nor authorises any Party to enter into a commitment on behalf of the other Party.

Governing law
These Terms and Conditions are exclusively governed by the Laws of the England and Wales and the courts of England shall have exclusive jurisdiction.