1. Definitions and Amendments
A. For the purpose of these terms and conditions, the customer shall be referred to as the ‘client(s)’ and Well Polished as the ‘introductory agency’. The term ‘client(s)’ shall be deemed to include the client’s spouse or partner. Also, if applicable registered cleaners introduced to the client may undertake varied roles for the client, but for the purpose of these terms and conditions and all other communications will be referred to as the ‘cleaner(s)’.
B. The introductory agency reserves the right to amend these terms and conditions if necessary. An up to date copy is always posted on the Well Polished website.
C. The introductory agency shall introduce a cleaner to the client from its database of approved cleaners, on and subject to these terms and conditions.
2. Payment
A. For regular cleaning, the client(s) shall arrange a standing order or similar regular payment method authorising payment to be made by the bank of the client(s) monthly in advance for the introductory agency fee. Such payments shall continue until the agency agreement is terminated in accordance with clause 5 of these terms and conditions.
B. For one-off cleaning, the client(s) shall arrange a bank transfer or similar payment method for the introductory agency fee PRIOR to the cleaning taking place. This agreement shall be deemed to be terminated immediately following the one-off clean and the notice referred to in Clause 5C will not apply
C. The introductory agency will not refund any advance payment upon receipt of termination notice from the client(s) unless such termination notice is given no less than 48 hours before the first or only clean. No refunds will be given during the notice period. If a client(s) declines the service at any point during the contract, no refunds will be made. This includes client holidays and cleaner absence, where the client declines a cover cleaner.
D. If a cleaner(s) is required for more regular hours than originally stated in the client/agency agreement, a revised introductory agency fee will be calculated and confirmed to the client.
3. Introductory Agency Insurance and Liability
A. Well Polished take great care when interviewing, vetting and reference checking cleaners to add to our database and although our experience tells us that they very infrequently have accidents in our clients homes, in order to give our clients peace of mind, we provide comprehensive liability insurance. Details are available on request.
B. The client(s) shall not be covered by the insurance provided by the introductory agency if the cleaner is not introduced by the introductory agency and/or the terms of this agreement are otherwise breached.
C. The introductory agency shall not be liable for any consequential or indirect losses incurred by client(s) as a result of any failure of a cleaner to comply with his or her contractual obligations for whatever reason.
D. The ownership and responsibility for the return of client(s) keys remains between the client(s) and the cleaner(s).
E. Force majeure & jurisdiction – Neither party shall be liable for any failure in performance of any of its obligations under this agreement caused by factors outside its control. English Law shall cover this agreement and the parties consent to the exclusive jurisdiction of the English courts in all matters regarding it.
4. Client(s) obligations
A. The cleaner is introduced to the client(s) as a self employed cleaner and the client(s) shall retain the cleaner only under a contract for service. The client(s) shall agree with the cleaner directly the terms of such contract.
B. The client(s) shall agree with the cleaner directly what services are to be performed by the cleaner.
C. The client(s) shall pay the cleaner(s) directly.
D. Contact the introductory agency directly if a temporary cleaner is required due to the regular cleaner’s illness or holiday, as replacements are not automatically supplied, as not all client(s) require them.
E. The client(s) shall bear the cost of recovery of agency fees in the event of non-payment.
5. Termination
A. The introductory agency may terminate the agency agreement by giving one month’s notice to the client(s) in writing.
B. The introductory agency may terminate the agency agreement with immediate effect, if it decides in its absolute discretion; it is no longer able to provide the service.
C. The client(s) may terminate the agency agreement only by giving one month’s notice to the introductory agency in writing.
D. For a period of twelve months following termination of the client/agency agreement the client(s) shall not engage whether directly or indirectly as an employee, agent or otherwise any cleaner who has been introduced by the introductory agency to the client(s). If the client(s) so engage(s) a cleaner, then a recruitment fee of ten times the monthly agency fee is payable.
E. In the event of the client(s) cancelling the standing order mandate without giving one months notice to the introductory agency in writing, the introductory agency may charge for any reasonable expenses incurred in addition to any outstanding payment due. It is the client(s) responsibility to ensure that the standing order mandate paying the introductory agency fee is cancelled through the bank of the client(s) upon termination of the agreement with the introductory agency. Payments received after the month’s notice period will be returned but will incur an administration fee of £5.
6. General
If any provision of these terms and conditions shall be found to be void, invalid or unenforceable, whether by a court of law, agreements 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.