- Definitions & Agreement to be bound
“The Company”, “We”, “Us” – means Marble and Stone Restoration Ltd. “Company number”- means 11042178
“Cleaner” – means the person or persons carrying out cleaning services on behalf of the Company.
“Client” – means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 to whom the cleaning services are supplied by the Company.
“Service” – means the cleaning services carried out on behalf of the Company.
“Cleaning Visit” – means the visit to the Client’s service address by the Cleaner in order to carry out the Service.
“Website” – means www.marbleandstonerestoration.co.uk
1.2. Agreement to be bound
The following Terms and Conditions, together with the relevant information set out on the website, including any features and services available, such as photographs, publications and other materials, are subject to the Terms and Conditions set forth below. Please read them carefully as any of use of the website constitutes an agreement, without acceptance, to be bound thereby by the User. By using the website and upon registration therefore, by clicking that you agree to these Terms, you represent that you are at least eighteen (18) years old, have read and understand the Terms and Conditions, and that you agree to be bound by these Terms and Conditions as set forth below.
2. General Provisions
- Nature of business
The Company provides a full range of cleaning services.
Any quotes provided by the Company including any description of jobs to be performed, are estimates only and do not represent a guarantee of work to be performed during the contracted hours. The ability of the Company to complete the quoted tasks for each service may vary depending on the state of the property, the additional cleaning required or any other factor outside of the Company’s control.
Unless specifically directed otherwise, the Company will only perform the services during the agreed contracted hours. If the amount of time needed to provide the services differs significantly
from the initial estimate, then an adjustment to the price will be necessary. From time to time, the Client may request that the Company perform additional work in excess of the agreed hours and in such circumstances, the Company will invoice the Client for any additional hours worked. If the conditions in the Client’s establishment change it may be necessary to revise the service charge.
The Company shall not be liable for failure to carry out work if prevented from doing so as a result of any circumstances beyond their control. The Client will not be charged for any work not actually undertaken by the Company in such circumstances.
2.2. Modifications and Changes to Terms and Conditions
We may modify, add to, suspend or delete these Terms and Conditions or other agreements, in whole or in part, in our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the website. Your use of the website after modification, addition or deletion of these Terms and Conditions shall be deemed to constitute acceptance by you of the modification, addition or deletion.
2.3. Prohibited Uses of Website
In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the website: (a) for any unlawful purpose; (b) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the website; (c) to violate any international, governmental, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website; (h) to collect or track the personal information of others; (i) to interfere with or circumvent the security features of the website. We reserve the right to terminate your use of the website for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.
We charge a fixed fee and/or fixed price unless we are requested to do extra work. At the end of the job we will provide the Client with an invoice for the work with a detailed breakdown of the charges.
The Company expects and requires bills to be paid on completion or in all other circumstances within 21 days of the delivery of the invoice. Where possible this should be by electronic payment.
4. Access to Property
In order to enable the Company to undertake the services, the Client agrees to give to the Company a key and/or details of any relevant access codes. If the Client has an alarm and if a code is not provided to the Company, it is expected that the alarm will be turned off on the days that the services are to be provided.
The Company agrees to keep any details of keys and access codes strictly confidential and take all reasonable steps to ensure the security of any physical keys and access codes. The Company accepts no liability of any nature for any losses that may arise from the Client’s provision of any key and/or access details and the Client hereby indemnifies the Company in respect of any losses that may be sustained as a result, howsoever caused.
If the Company is prevented from gaining access to the Client’s property to carry out work as arranged, the time lost to the Company shall be invoiced to the Client accordingly.
5. Complaints and Breakage/Damage
Any complaints should be addressed at the time they occur or as soon after as is possible. We do not accept complaints where a reasonable period has passed in which the Company could have expected to be notified.
The Company is insured, however, it shall not be liable for any loss, damage or injury arising from the breaking or disintegration during cleaning by the Company’s servants or agents of any cracked, defective or broken parts of the property of the Client nor will the Company be liable for any loss, damage or injury arising from the general wear and tear resulting from the cleaning by the Company’s servants or agents. The Company expects the Client to secure and/or move any items of either extreme monetary or sentimental value and assumes that all surfaces are sealed and ready to be cleaned without causing harm.
6. Cancellation and Covenants
The Client can cancel the job at any time but the Company needs 2 (two) days notice in advance otherwise we charge 250£/day if the Client cancels 1 (one) day before starting the job.
The Company is not responsible for any material or chemicals provided by the Client just for what we recommend and our chemicals.
The Company is not responsible for moving any furniture or anything else that can break the Client and/or Owner need to make his own arrangements for moving any items.
We sometimes use strong chemicals and fumes so the Owner and/or Client need to let us know if there are any problems regarding the use of chemicals.
7. Obligations of the Client
The Client shall provide, free of charge, all necessary electricity, hot water and other facilities, which may be required to enable the Company to carry out the work. All fragile, breakable and/or high value (whether sentimental or expense) items must be secured or removed before each service is provided by the Company and the Company takes no responsibility for any damage caused to such items.
The Company uses its own cleaning products and tools and trains its cleaners in the use of those products and tools. If the Client requests that the Company use the Client’s cleaning products or tools, the Company will not accept liability for any loss or damage arising out of the Company’s use of those products or tools in providing the cleaning services.
It is a condition of the Agreement that the Client hereby undertakes that he or she will not during the period of the Agreement or for the period of 12 months after the termination thereof:
- Refer any person or persons employed by the Company to anyone unless the Client refers to the Company itself; or
- Offer to give any person or persons employed by the Company any employment similar to his or her employment with the Company, the expression “Client” in this context includes in the case of a company its beneficial
8. Obligations of the Company
The Company undertakes to complete all work to a professional standard exercising the due care and skill required within the remit of the Company’s expertise. The Company does not expect Clients to instruct it to undertake work for which it has no expertise.
9. Confidentiality and Data Processing
The Company recognizes that this Agreement creates a confidential relationship between the Company and the Client and that information relating to the Client’s affairs may become known to the Company and/or its Cleaners during the term of this Agreement. The Company agrees to, and to ensure its Cleaners agree to, keeps confidential any personal data regarding the affairs of the Client and not to disclose such information to any other person except as described in the Privacy Notice set out below or as otherwise required by law.
The Client recognizes that the Company may be required to collect and process personal data relevant to the Client and hereby agrees to the collection and processing of any personal data for the purposes of administering the Company’s obligations under this Agreement and as described in the Privacy Notice set out below.
The Company reserves the right to amend these terms for any reason and will provide the Client with no less than 30 days advance notice of any changes to these terms.
The engagement of the Company under this Agreement shall continue unless and until determined by not less than 90 day’s notice in writing given by either party to the other. A termination by the Company of its engagement under this Agreement shall be without prejudice to its rights against the Client for failure to pay the Company’s charges.
12. Governing Law and Disputes
This contract and the arrangements referred to therein are subject to the laws of England and any disputes arising out of this contract or the arrangements referred to therein shall be subject to the exclusive jurisdiction of the courts and tribunals of England.
13. Privacy Notice
Marble and Stone Restoration Ltd (referred to as “Company” in the above Terms and Conditions of Contract is committed to protecting the privacy of all the individuals we deal with and will treat your information confidentially.