The following definitions and rules of interpretation apply in these Conditions.
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Charges: the charges payable by the Customer for the supply of the Services in accordance with 55.
Commencement Date: has the meaning given in 32.2.
Conditions: these terms and conditions as amended from time to time in accordance with 1011.4.
Contract: the contract between the Supplier and the Customer for the supply of Services in accordance with these Conditions.
Control: has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.
Customer: the person or firm who purchases Services from the Supplier.
Customer Default: has the meaning set out in 54.2.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and [neighbouring and] related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Services: the services, including the Deliverables, supplied by the Supplier to the Customer as set out in the Specification.
Specification: the description or specification of the Services provided by the Supplier to the Customer.
Supplier: Sofy 82 UK LTD
Supplier Materials: has the meaning set out in clause 4.1(h).
(a) A reference to legislation or a legislative provision:
(i) is a reference to it as amended, extended or re-enacted from time to time; and
(ii) shall include all subordinate legislation made from time to time.
(b) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(c) A reference to writing or written includes email.
2. Basis of contract
2.1 An order made through the Website constitutes an offer by the Customer to purchase Services in accordance with these Conditions.
2.2 The order shall only be deemed to be accepted when the Supplier issues written acceptance of the order at which point and on which date the Contract shall come into existence (Commencement Date).
2.3 Any samples, drawings, descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations contained in the Supplier’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
2.4 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.5 A quotation does not constitute a booking confirmation. A booking time slot is only reserved once full payment or deposit (unless otherwise agreed) has been received. The Supplier shall not be liable for any costs due to a failure of the online booking system or associated CRM software in relation to any booking the Customer has made.
3. Supply of Services
3.1 The Supplier shall supply the Services to the Customer in accordance with the Specification in all material respects.
3.2 The Supplier shall use all reasonable endeavours to meet any performance dates, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
3.3 The Supplier reserves the right to amend the Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any such event.
3.4 The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill.
4. Customer’s obligations
4.1 The Customer shall:
(a) ensure that the terms of the order and any information it provides to the Supplier is complete and accurate;
(b) co-operate with the Supplier in all matters relating to the Services;
(c) provide the Supplier, its employees, agents, consultants and subcontractors, with access to the Customer’s premises, office accommodation and other facilities as reasonably required by the Supplier;
(d) at the time of booking notify the Supplier of any expensive items, including furniture, which may require specialist treatment or chemicals. This includes parquet and oak flooring, wooden work surfaces, and any other custom-made items;
(e) provide the Supplier with such information and materials as the Supplier may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
(f) prepare the Customer’s premises for the supply of the Services;
(g) obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
(h) keep all materials, equipment, documents and other property of the Supplier (Supplier Materials) at the Customer’s premises in safe custody at its own risk, maintain the Supplier Materials in good condition until returned to the Supplier, and not dispose of or use the Supplier Materials other than in accordance with the Supplier’s written instructions or authorisation;
(i) comply with any additional obligations as set out in the Specification; and
(j) the Customer is responsible for making all arrangements necessary to have access to the Website.
4.2 If the Supplier’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
(a) without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Supplier’s performance of any of its obligations;
(b) the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier’s failure or delay to perform any of its obligations as set out in this 54.2; and
(c) the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.
5. Charges and payment
5.1 Prices quoted by the Supplier are based on average completion times.
5.2 The Supplier reserves the right to amend the initial quotation if upon inspection of the property or during the cleaning the supervisor assesses that the job will take more time to complete, or should the Customer’s original requirements change. Any revised price will have to be accepted by the Customer before the additional cleaning time is carried out.
5.3 The Supplier requires a parking space or valid permit for one vehicle, or metered parking to be paid by the Customer in order for the Supplier to carry out any cleaning services.
5.4 The Customer is fully liable for paying any parking penalties incurred from any mistake or misinformation on their part.
5.5 If the property being cleaned is in the congestion charging zone the congestion charge will need to be paid for by the Customer.
5.6 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by the Supplier to the Customer, the Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
5.7 If the Customer fails to make a payment due to the Supplier under the Contract by the due date, then, without limiting the Supplier’s remedies under Error: Reference source not foundError: Reference source not found, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this 65.7 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
5.8 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
5.9 Additional charges that might occur:
(a) Parking and congestion (ULEZ) charges are not part of the cleaning cost; they have to be paid on the day of the service to the cleaning team. If the property is not free of personal belongings the cleaning team has the right to charge the Customer extra for the service due to extra time to complete the job or cancel the job and a cancelation fee will apply;
(b) If the condition of the property is very dirty, the cleaning team has the right to charge the Customer extra for the service due to extra time and cleaning materials to complete the job. If the booking details are not correct and there are extra appliances, rooms or carpets, the cleaning team has the right to charge extra.
5.10 Cancelation fee:
(a) If the Customer cancels the booking, the Customer will lose the booking fee (£60.00). If the cleaning team or the Customer cancel the service on the date of service, the Customer will be charged £120.00.
6. Intellectual property rights
6.1 The Supplier is the owner or the licensee of all intellectual property rights in the Website, and in the material published on it.
6.2 The Customer may print off one copy, and may download extracts, of any page(s) from the Website for its personal reference and it may draw the attention of others within its organisation to material posted on the Website.
6.3 The Customer must not modify the paper or digital copies of any materials it has printed off or downloaded in any way from the Website, and it must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
6.4 The Customer must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from the Supplier or its licensors.
6.5 If the Customer prints off, makes a copy or downloads any part of the Website in breach of these terms, the right to use the Website shall cease immediately and the Customer must, at the discretion and request of the Supplier, return or destroy any copies of the materials made.
7. Data protection
The parties shall comply with their data protection obligations as set out in Schedule 1.
8. Insurance and liability
8.1 The Supplier and its approved sub-contractors hold a public liability insurance to the value of £5,000,000.
8.2 Claims can be covered by the Supplier’s and/or its sub-contractors’ insurance, only if the damage/breakages are reported within 48 hours of the cleaning service visit.
8.3 The Supplier has the right to refuse disclosure of any confidential company documents.
8.4 The Supplier shall not be liable for any third parties or their actions who enter or are present at the Customer’s premises during the cleaning visit nor any costs incurred of the said third parties not being granted access. The cleaners cannot be relied on to grant access to the property to any third parties.
8.5 Items excluded from the Supplier’s liability include: cash, jewellery, art, antiques, and items of sentimental value. Refunds for items of sentimental/personal value are limited at their current cash value.
8.6 The Supplier requests that all irreplaceable items (whether monetarily or sentimentally valuable) are stored away and/or not cleaned by the cleaning operatives.
8.7 The Supplier shall not liable for any existing damage to the Customer’s property in the form of old stains/burns/spillages and so on, which cannot be cleaned/removed completely by the cleaning operative using the industry standard cleaning methods.
8.8 The Supplier shall not be liable for any damages caused by faulty products/equipment provided by the Customer.
8.9 The Supplier shall not liable for any damages caused by faulty or broken items which lead to other damages.
8.10 Arrival times and cleaning times are an estimate. The Supplier shall not be liable, under any circumstances, for missed/cancelled appointment costs or any other costs owing to delayed arrival or completion times.
8.11 The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the Supplier hereby expressly excludes:
(a) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill;
(vii) wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
8.12 This does not affect the Supplier’s liability for death or personal injury arising from its negligence, nor the Supplier’s liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which the Supplier cannot exclude or limit under the applicable law.
8.13 This Error: Reference source not foundError: Reference source not found shall survive termination of the Contract.
9. Use of the Website
9.1 Accessing the Website:
(a) Access to the Website is permitted on a temporary basis, and the Supplier reserves the right to withdraw or amend the service it provides on the Website without notice. The Supplier is not liable if for any reason the Website is unavailable at any time or for any period;
(b) If the Customer chooses, or it is provided with, a user identification code, password or any other piece of information as part of the security procedures, the Customer must treat such information as confidential, and it must not disclose it to any third party. The Supplier has the right to disable any user identification code or password, whether chosen by the Customer or allocated by the Supplier, at any time, if in the Supplier’s opinion the Customer failed to comply with any of the provisions of these Conditions;
(c) The Customer must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. The Customer must not attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer, or database connected to our site. The Customer must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
(d) The Customer may link to the Website’s home page, provided the Customer does so in a way that is fair and does not damage the Supplier’s reputation or take advantage of it, but the Customer must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
(e) If the Customer wishes to make any use of material on the Website other than that set out above, requests should be addressed to: [email protected].
10.1 Without affecting any other right or remedy available to it, either party may cancel the Contract by giving the other party a notice in accordance with the terms of the Specification. Cancelation fees apply as specified in these Terms.
11. Consequences of cancelation
11.1 On cancelation of the Contract:
(a) the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt;
(b) the Customer shall return all of the Supplier Materials. If the Customer fails to do so, then the Supplier may enter the Customer’s premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with the Contract.
11.2 Cancelation shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of cancelation.
11.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after cancelation shall remain in full force and effect.
11.4 Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
11.5 Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
11.6 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
11.7 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
11.8 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
End of Tenancy Cleaning
1. End Of Tenancy London carries out the following for our clients when they move out.
2. If you have carpets, the landlord may expect these to be professionally cleaned, please let us know so that we can provide you with a correct quote. We offer a 50% discount on our carpet cleaning service when you book our end of tenancy cleaning London.
- Wash and polish all work surfaces;
- Clean inside all cupboards and drawers;
- Remove and dispose of all old food, carrier bags etc;
- Clean sink and taps and remove lime scale and polish where required;
- Wall tiles to be degreased, cleaned and polished mould growth if any removed from between grout);
- Clean oven internally to remove all built up grease as well as clean exterior and polish any external chrome;
- Clean and remove grime from extractor;
- Clean and defrost refrigerator removing all grime, mildew and food deposits. Leave switched on;
- Clean washing machine inside and out;
- Clean rubber at the door;
- Clean soap drawers and filters;
- Clean dishwasher inside and out;
- Clean exterior of all appliances including kettle, toaster;
- Clean microwave inside and out. Bins to be cleaned inside and out.
- Shower screen de-scaled, cleaned and polished. Wall tiles degreased, cleaned and polished (mould growth if any removed from between grout);
- Bath, basin, taps, shower and fittings to be cleaned, de-scaled, dried and polished;
- Toilet to be de-scaled, and brushed clean. Seat to be cleaned;
- All soap and shampoo etc. to be removed;
- Mirrors to be cleaned and polished;
- Floors to be washed and sanitised.
- Dusting throughout, including: light fittings and shades, light switches, dado rails, skirting, spindles and banisters, curtain rails, wall pictures, mirrors, fire surround and radiators. All light furniture to be moved and carpets to be vacuum cleaned;
- Dust skirting boards behind furniture. Mattresses to be lifted and vacuumed under;
- All other floors to be washed using correct type of cleaning materials;
- All glass (furniture tops, mirrors, picture frames etc) to be cleaned with window cleaner;
- Windows to be cleaned internally. Windowsills to be wiped down;
- All doors and top of doors to be cleaned;
- Door handles to be polished;
- Drawers and shelves to be cleared of any rubbish (newspapers and magazines etc.) and telephone directories to be kept and stored neatly;
- Upholstery vacuumed, also cushions lifted and cleaned underneath;
- All wooden furniture to be carefully wiped clear of dust;
- Living room rug cleaned.*
- All bedroom furniture/storage units will be cleaned inside and out;
- Bedroom carpet vacuum cleaned.*
3. For bedrooms bigger than 20 square meters and living rooms bigger than 40 square meters the price will increase.
Complaints and Cleaning Guarantee
3.1 No refund claims will be considered once the cleaning service has been carried out.
3.2 All services shall be deemed to have been carried out to the Customer’s satisfaction unless written notice is received by the Company with details of the complaint within 7 days of the work being completed. We will fully investigate any complaint and attempt to resolve it in a professional and timely manner.
3.4 The Customer agrees to allow the Company back to re-clean and inspect any disputed areas/items before arranging a third party to carry out services or refusing to pay for the service.
3.5 The Company reserves the right to only offer one recovery clean per service.
3.6 Where access is denied for a re-clean we are not liable for any costs associated with not being granted permission to reenter the property and carry out the re-clean.
3.7 Our cleaning guarantee applies for one week from when the cleaning was completed. Any complaints after this time may not be considered.
3.8 We cannot guarantee our End of Tenancy Cleaning service when people or personal possessions are still present in the property during or after the time of the cleaning.
3.9 Fridges and Freezers should be emptied and defrosted prior to our arrival and turned off so we can clean them. We will not be liable for cleaning freezers that have not been defrosted and reserve the right to return to re-clean the property for this reason alone.
3.10 We will do our best to make sure your appliances are cleaned to a high standard. However, if they have not been cleaned since they were purchased regrettably we will not be liable for ingrained dirt that cannot be removed using chemicals.
3.11 We cannot guarantee the removal of pet odours or cigarette smoke during the cleaning and will not be liable for any deductions for this.
4. The Customer must ensure that all personal belongings are completely moved out otherwise an additional £50+VAT may be charged. Where belongings are present our cleaning guarantee will not apply to that area.
5. Rubbish or waste removal is not part of our end of tenancy cleaning service and will incur an additional charge.
6. If the Customer is more than 30 minutes late a late fee may apply.
7. The Customer is to ensure that hot running water and electricity is provided and that there are no blocked drains. An additional charge of £50+VAT will be applied if we have to unblock drains. Should no electricity or running water be provided we are permitted to leave the property and will not be liable, under any circumstances, for any costs associated with the cleaning not being carried out.
8. Price quoted is based on one single fridge freezer and one single oven. Larger appliances will incur a further cost to clean.
9. If ladders are required to reach high areas then this must be stated at booking.
10. Cleaning of walls, mould on walls and ceilings, the inside of toasters, kettles, and other electrical appliances is not part of our end-of-tenancy cleaning checklist. Wall washing needs to be added at the time of making a booking.
11. Cleaning of vacuum cleaners, ironing boards, curtains and other items left in storage cupboards is not part of our end-of-tenancy cleaning checklist.
If you cancel your cleaning appointment less than 48 hours prior to the scheduled time, we will charge you a £75+VAT cancellation fee.
13. If you reschedule your cleaning appointment less than 48 hours prior to the scheduled time, we will charge you a £25+VAT cancellation fee.
14. The booking fee/deposit is non-refundable.
15. We reserve the right to refuse any cleaning job if the condition of the property is hazardous to the health and wellbeing of our operatives. If we are not made aware of this before arrival and we are unable to carry out the work as a result, the Customer will be charged a 100GBP+VAT non-refundable fee.
16. The Supplier has the right to cancel or reschedule a service in cases where an accident or any unexpected circumstances have befallen the assigned cleaning team.
17. The Customer is liable for any mistakes they make in regards to incorrect bookings. If a booking date is incorrect and the cleaners are turned away a £65+VAT fee will be paid by the Customer.
18. The Customer can reschedule or cancel the appointment over the phone or by e-mail.
19. No refund claims will be considered once the cleaning service has been carried out.
20. All services shall be deemed to have been carried out to the Customer’s satisfaction unless written notice is received by the Supplier with details of the complaint within 7 days of the work being completed. We will fully investigate any complaint and attempt to resolve it in a professional and timely manner.
21. The Customer agrees to allow the Supplier back to re-clean and inspect any disputed areas/items before arranging a third party to carry out services or refusing to pay for the service.
22. We reserve the right to only offer one recovery clean per service.
23. Where access is denied for a re-clean we are not liable for any costs associated with not being granted permission to re-enter the property and carry out the re-clean.
24. Our cleaning guarantee applies for one week from when the cleaning was completed. Any complaints after this time may not be considered.
25. We cannot guarantee our End of Tenancy Cleaning service when people or personal possessions are still present in the property during or after the time of the cleaning.
26. Fridges and freezers should be emptied and defrosted prior to our arrival and turned off so we can clean them. We will not be liable for cleaning freezers that have not been defrosted and reserve the right to return to re-clean the property for this reason alone.
27. We will do our best to make sure your appliances are cleaned to a high standard. However, if they have not been cleaned since they were purchased regrettably we will not be liable for ingrained dirt that cannot be removed using chemicals.
28. We cannot guarantee the removal of pet odours or cigarette smoke during the cleaning and will not be liable for any deductions for this.
Carpet and Upholstery Cleaning
1. We shall not be liable for the shrinkage of carpets as a result of poor fitting.
2. We are not liable for any wear or discolouration of fabric that becomes more notable once dirt is removed.
3. Carpet Cleaning booked along with End of Tenancy Cleaning is not part of the 1 week hours guarantee that applies for End of Tenancy Cleaning.
4. We shall not be responsible for any damage caused as a result of the Customer placing furniture on a carpet which has not completely dried.
5. We cannot guarantee the removal of pre-existing stains and/or any discolouration of the carpet.
6. Please notify us at the time of booking if your carpet is a natural pile e.g. wool or hessian.
7. The Customer shall be responsible for the removal of all furniture, goods, and breakables for the purpose of cleaning. The Supplier will not accept responsibility for any damage caused to furniture, goods, or chattels not removed by the Customer unless damage has occurred as a direct result of negligence or lack of care on the part of the Supplier or its servants.
8. Unless otherwise agreed prior to work commencing, it is accepted that stationary items such as televisions, side cabinets, bookcases, wall units, filing cabinets etcetera will remain in place and no cleaning will be carried out beneath these units, the same will apply into closets and cupboards.
9. We will endeavour to note, identify and remove all spots and stains requiring treatment, however, the entire removal of some spots and stains are not guaranteed due to the staining properties of the products i.e. tannin, rust, DIY spotting agents etcetera.
10. Liability cannot be accepted for colour run or migration due to manufacturers using non-colourfast dyes or markers in frames, trimmings, padding, stuffing, piping sewing threads, linings, and valances.
Office and Commercial Cleaning
1. Trial offer is for a 30-day period only.
2. The service will not automatically be continued after the trial period. To continue with the service a 12-month contract will need to be signed based on a 52-week year with a one calendar month notice period.
3. We reserve the right to charge for the additional service provided on bank holidays.
4. Monthly invoices are not reduced for shutdowns over holiday periods e.g. Easter, Christmas, and New Year.
Schedule 1 Data protection