Terms and Conditions

TERMS AND CONDITIONS

Introduction: These conditions apply to the confirmation documentation which details the agreement between you (‘the Client’) and World Cleaners Limited a company registered in England and Wales under number 03540598 whose registered office is B M House Silverdale Road, Hayes, Middlesex UB3 3BH (‘the Firm’), for the supply of personnel to undertake duties as shown in the Confirmation document (‘the Agreement’). These conditions explain the rights, obligations and responsibilities of all the parties to this Agreement. Where we use the words ‘you’ or ‘your’ it means the Client: ‘we’, ‘us’ or our means the Firm. These terms can be varied or amended subject to prior written agreement.
1. Our Services: 1.1 The Firm will carry out the services as detailed within the confirmation document and these terms and conditions will support and supplement the Agreement.

1.2 The Firm agree to supply the Client with personnel as defined within the confirmation document (‘the Personnel’) and by accepting the terms of the confirmation document the Client is acknowledging that it does not rely upon any other representations regarding the Personnel save for those made in writing by the Firm or detailed within these terms and conditions.

1.3 No description of the Personnel set out in the confirmation document will be binding upon the Firm and are intended as a guide only.

1.4 The Firm reserves the right to amend or vary the Personnel, whether by number or any other means so long as the requirements of the Agreement are satisfied.
2. Interpretation: 2.1 A “business day” means Monday to Sunday save for bank holidays in England and Wales.

2.2 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.

2.3 Words imparting the singular number shall include the plural and vice-versa.
3. Personnel: 3.1 The Firm will (as far as practicable) ensure that all of the Personnel are known to us and/or references have been obtained. The objective of the Firm is to ensure that its Personnel are reliable, discreet and honest.

3.2 The Firm will not knowingly engage any Personnel under the age 18.

3.3 The Firm will supply its Personnel with identification badges which are to be worn on the Client’s premises at all times.

3.4 The Firm will take proper steps to ensure that it’s Personnel comply with the Client’s security procedure and Health & Safety Policies whilst on the Client’s premises.

3.5 For the avoidance of doubt the Firm will retain control of its Personnel at all times and any complaint regarding the Firm’s Personnel should be made in accordance with clause 9.
4. Charges: 4.1 Subject to sub-Clause 4.2, the Client will be charged for those services provided by the Firm in accordance with the confirmation document.

4.2 Any increase in the cost of placing the Personnel with the Client due to any factor beyond the Firm’s control including, but not limited to, any legislative increase, alteration in duties, or changes to transport costs, shall be reflected in the invoice in accordance with the Firm’s right to increase the Price prior to placement.

4.3 Any increase in the Price under sub-Clause 4.2 shall only have taken place upon the Firm informing the Client of the increase in writing in accordance with clause 10.

4.4 The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

4.5 Any operative that has been “ordered” and then cancelled. If the cancellation is made 5 days prior to the commencement of the shift operative will be charged for full "cancellation charge'' for each cancelled day.

4.6 Additional staff requirements for shift commencing within 5 days or less will be charged £1 extra per hour in addition to the agreed contractual rates.

4.7 Amendments to the shifts commencing within 48 hours or less might incur administration charge.
5. Acceptance: 5.1 Order: All the staff requirements and the duty rota to be submitted to the Firm at least 7 days in advance.

5.2 The confirmation documentation constitutes written acceptance and confirmation by the Firm of the Client’s order for the Personnel.

5.3 The confirmation documentation is a contractual offer to supply the Personnel which the Client has accepted. The Firm and the Client have entered into a contract for the supply of Personnel which are subject to these terms and conditions.

5.4 Amendments: Further to 5.3 any amendments in the requirements can be done 5 days prior after which 4.7 will be applicable.
6. Payment: 6.1 The Client shall pay the charges stated in the confirmation documentation within 14 days of the Firm’s invoice unless a further period is defined within the confirmation document or otherwise agreed in writing by the Firm.

6.2 Time for payment is of the essence of the Contract between the Firm and the Client and failure to satisfy payment within the agreed timeframe may lead to a suspension of services.

6.3 Receipts for payment will be issued by the Firm only at the Client’s request.

6.4 All payments must be made in GBP unless otherwise agreed in writing between the Firm and the Client.

6.5 Interest shall be payable on the late payment of any charges properly invoiced under this agreement in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
7. Supply: 7.1 The Firm shall provide proof of the supply of Personnel by way of a signed time sheet at the conclusion of each calendar week.
8. No soliciting of Firm’s employees: 8.1 The Client whether acting on behalf of itself or any other person during the duration of the Agreement and for twelve months after its termination (unless they receive the prior written consent of the Firm) will not directly or indirectly solicit or entice away (or seek to solicit or entice away), from employment any Personnel of the Firm who is employed or engaged in any service which is relevant to this Agreement. For the avoidance of doubt the Client will also be liable for the acts of its employees/ex-employees who may seek to breach the terms of this clause whether they continue in employment or not.

8.2 If the Client breaches the terms of clause 8.1 they shall, without the prejudice to any other rights and remedies of the Firm, on demand, pay to the Firm a sum equal to 12 months’ salary or the annual fee that were payable by the Firm to that employee, worker or independent contractor and the recruitment costs incurred by the Firm in replacing such a person.

8.3 The Client will not be in breach of this clause as a result of running a local or national advertising campaign open to all comers and not specifically targeted at the Firm’s Personnel. The Client should however be aware that the Firm’s Personnel have a clause within their contracts of employment which restrict them from applying for any position with the Client, without the prior written consent of the Firm. Should the Client permit a breach of this clause, they will be required to compensate the Firm under clause 8.2.
9. Complaints: 9.1 If the Client is not satisfied with the performance of this Agreement or the actions of the Firm’s Personnel then the Client should serve notice upon the Firm of its complaint in accordance with clause 10.

9.2 If the Client is not satisfied with the Personnel and wishes to have them replaced they can do so if: the Client informs the Firm that they wish to replace the supplied personnel within 1 hour of the supplied Personnel reporting for duty giving good reason.

9.3 In the absence of any complaint the Firm will assume that the Client is satisfied with the performance of the Agreement.
10. Notices: 10.1 All notices under these Terms and Conditions shall be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

10.2 Notices shall be deemed to have been duly given:

(a) when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient:
(b) When sent, if transmitted by fax and a successful transmission report is generated;
(c) on the fifth business day following mailing, if mailed by national ordinary mail; or
(d) on the tenth business day following mailing, if mailed by airmail.

10.3 All notices under these Terms and Conditions shall be addressed to the most recent address or fax number notified to the other party.
11. Termination: 11.1 Either party may terminate this Agreement by giving not less than 3 months’ notice in writing.

11.2 Either party may terminate this Agreement forthwith if the other;

(a) becomes insolvent, or has a liquidator, receiver or administrator appointed; or
(b) Commits a breach of the Agreement and, in the case of breach that can be remedied, fails to remedy it within 21 days after the written notice requiring it to be remedied.
12. Force Majeure: Neither party shall be liable for any failure, nor any delay in performing their obligations where such failure or delay results from any cause that beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
13. No Waiver: No waiver by the Firm of any breach of these Terms and Conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
14. Severance: In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).
15. No partnership: Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
16. Variation: Any variation, including any additional terms and conditions, to the Contract shall only be binding when agreed in writing and signed by Customer.
17. Law and Jurisdiction: 17.1 These Terms and Conditions (including any non-contractual matters and obligations arising there from or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

17.2 Any dispute, controversy, proceedings or claim between the Seller and the Buyer relating to these Terms and Conditions (including any non-contractual matters and obligations arising there from or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.