Terms
Updated: 3rd November 2020
Prior to booking our services, please ensure you have read, understood, and accepted the terms and conditions as outlined below, in addition to any other applicable terms and conditions and our cleaning checklists.
Payment of a deposit is acknowledgment that you have read, understood, and accepted the terms and conditions as outlined below, in addition to any other applicable terms and conditions and our cleaning checklists.
If you have any questions regarding any of our terms and conditions, please contact our team for clarification prior to the payment of the deposit by email at office@cullens.co.uk.
The following terms and conditions apply:
- Coronavirus COVID19 Pandemic
- Due to the Coronavirus COVID19 outbreak we have amended our terms and conditions for the period from 1st March 2020 until further notice.
- All potential customers are required to immediately notify us, when enquiring, if the clean is a precautionary clean for Coronavirus within the property, or if there has been a suspected or confirmed case of Coronavirus with anybody living or visiting the property (including those self-isolating) within the last 14 days.
- All customers who have confirmed bookings are required to immediately notify us if someone living or visiting the property has suspected symptoms or a confirmed Coronavirus case (including those self-isolating) then you are required to immediately notify us, between booking confirmation and the beginning of the clean. If there are suspected symptoms or a confirmed case of Coronavirus with anyone visiting or living at the property within the last 14 days.
- If Coronavirus is suspected or confirmed for anyone visiting or living at the property (including those self-isolating) we will postpone the clean for a minimum of 3 days for ensure the health and safety of our staff, our customers, and members of the public.
- Cullens will be providing a Coronavirus Specialist Cleaning service for those looking for a clean as a precaution or for suspected and confirmed cases of Coronavirus.
- Cullens will not be providing any of our standard cleaning services as a precaution for Coronavirus or when there is a suspected and confirmed case of Coronavirus of anyone visiting or living at the property (including those self-isolating) within the last 14 days.
- In the unfortunate event that a member or members of our staff are absent or self-isolating due to the Coronavirus and this directly affects your upcoming booking, then we will notify you immediately and require that we postpone your clean to a later date, this will be at the next available cleaning slot that we have. Only if we are unable to find a suitable time slot in the next 14 days then we will issue a full refund, this is at the discretion of Cullens Cleaning.
- Definitions
- In these Terms the following definitions apply:
“The Company” means Cullens Services Limited trading as Cullens Cleaning.
“Technician” means the individual (representative, employee, partner company, sub-contractor, or third-party) carrying out cleaning services on behalf of the Company.
“Staff” means the individual (representative, employee, partner company, subcontractor, or third-party) providing customer service on behalf of the Company.
“The Company”, “Technician”, and “Staff” in some circumstances are used interchangeably.
“Client” means the person, company or corporate body together with any subsidiary or associated company as defined by the Company Act 1985 to whom services are supplied by the Company.
“Services” means the cleaning work carried out by the Company’s Technician.
“Appointment” means the visit made by the Company’s Technician to the Client’s home or business address by the Technician in order to carry out the Service. - Unless the context requires otherwise, reference to a singular person includes the plural and references to the masculine include the feminine and vice versa.
- The headings contained in these Terms are for convenience only and do not affect their interpretation.
- Company
- All cleaning services provided by the Company are provided through Cullens Services Limited trading as Cullens Cleaning (“The Company”), a registered company in England and Wales, company registration number 10984086.
- The Company at any time may use the services of partner companies, subcontractors, or third-parties in the completion of any of its contractual obligations and/or any part of the service it provides.
- Contract
- These Terms and Conditions constitute a contractual legal agreement between the Company and the Client.
- The Client agrees that any use of the Company’s services, including placing an order for services by telephone, email, via the Company’s website, by other electronic means, or by any other means constitutes acceptance by the Client of these Terms and Conditions and any other applicable Terms and Conditions.
- Unless it has been confirmed in writing by a Director of the Company, the Terms and Conditions given here are to prevail over any other terms and conditions, terms of business, or, conditions of purchase proposed by the Client.
- No variation or alteration of these Terms and Conditions shall be accepted as valid unless it is has been confirmed in writing by the owner of the Company.
- The Client acknowledges that by placing an order with the Company, the Client warrants that the Client is: legally capable of entering into binding contracts, and at least 18 years old.
- Estimates, Quotes, and Prices
- All estimates, quotes, and prices provided by the Company do not include VAT. Cullens Services Limited trading as Cullens Cleaning does not charge VAT.
- All estimates, quotes, and prices provided by the Company following a request from the Client shall remain open for acceptance for a period of 10 working days from their date, unless if a promotional price was provided and then up to the expiry date of that offer, or the 10 working day period, which ever expires first.
- Differences in excess of 10% will be discussed with the Client prior to the start of the work. In such cases, the Client will have to pay a cancellation fee if he does not accept the updated price.
- The Company reserves the right to amend the estimate or quote provided by its representative, should the Client’s originally stated requirements change or be misrepresented, under-estimated, or miss-described by the Client.
- The Company reserves the right to amend the estimate, quote or price provided by its representative, if the property is not in a 'standard' condition.
- The Company reserves the right to amend the estimate, quote or price provided by its representative, if the property is in a 'poor', 'neglected', or 'hazardous' condition, including specialist cleaning, biohazard cleaning, or a hoarder cleaning.
- The Company reserves the right to amend the estimate or quote provided by its representative, in the case of an obvious error or if the circumstances of the service change.
- The Client must advise the Company at the time of estimate, quotation, and booking if the clean is being carried out from an apartment or flat above first floor. The Client should advise the Company of any restrictions of access through communal areas, public areas, or private areas.
- The Client understands that additional parking charges, congestion zone charges, and parking fines may apply to the job fee if the Technician attending the appointment incurs such charges.
- All cleaning services are subject to a minimum call out charge. The minimum call out charge can vary.
- If the Company’s Technicians need to collect keys then a charge of at least £25.00 will be applicable. Driving time, wait time, and any other charges may also be applicable.
- If the Company’s Technicians need to return keys then a charge of at least £25.00 will be applicable. Driving time, wait time, and any other charges may also be applicable.
- If the Company’s Technicians need to hold keys over night then a charge of £25.00 for each 12 hours will be applicable. Driving time, wait time, and any other charges may also be applicable.
- If the Company’s Technicians need to wait before, during, or after the clean please see the Wait Time section.
- The Company reserves the right to cancel any contract and back charge for past services to reflect the balance of the standard rate(s) if any misleading or false information was used to obtain discounted services.
- Deposits, Payments, and Bookings
- All deposit payments are non-refundable and non-transferable.
- Payment of deposit is required on reciept of our invoice.
- Payment of balance is required on reciept of our invoice immediately after the clean.
- A deposit payment of 50% is required to confirm the booking of the Company's services.
- Bookings are unconfirmed until payment of the 50% deposit has been made by the Client and the Company has received confirmation receipt of the cleared deposit payment.
- The Company reserves the right to cancel services without notice due to failed transactions or non-cleared funds.
- Payments can be made by UK debit cards, UK credit cards, and BACs bank transfer.
- Payments cannot be made by non-UK debit cards, non-UK credit cards, cheques, or cash.
- The Client must maintain a valid payment card with the Company. The Client must inform the Company immediately if the payment card details are no longer valid.
- The Client authorises the Company to seek pre-authorisation of the payment card.
- The Client authorises the Company to charge the payment card for the deposit amount in order to confirm the Client's booking.
- The Client authorises the Company to charge the payment card for the balance amount immediately after the clean has been completed, the day of the scheduled booking.
- If any amount due by the Client is unpaid after the day of the scheduled booking, the Company may charge a £35 late fee/administration fee plus interest at LIBOR plus 5%.
- Within 28 days of the completion of the clean all outstanding debts will automatically be passed to third party Debt Collections Agents whose charges will be added to and payable with the invoice debt.
- For all outstanding debts owed to the Company by the Client, the Company will seek all legal means of debt recovery. The Client agrees that all charges and associated costs will be added to and payable with the invoice debt.
- All bank charges incurred by the Company due to the Client’s cheque being returned unpaid will be passed to the Client at a flat rate of £35 per cheque.
- Where account payments have been agreed in writing by the Company, the Client must make payment within 30 days of the invoice date.
- The rates of payment by the Company shall be as agreed between the Company and the Client, or the Client's representative. The Client shall make no reduction or retention from the sum due under any invoice
- Wait Time
- If the Company’s Technicians need to wait before, during, or after the service for the Client, a representative of the Client, or a third party then a Wait Time Charge will be applicable.
- The Wait Time Charge is £10 for each 10 minutes or £50 for each hour.
- The maximum total wait time per service is 2 hours of which that total can be comprised of 1 hour maximum wait before the service, 1 hour maximum wait during the service, or 1 hour maximum wait after the service.
- The first 30 minutes of wait time per service is free of charge.
- The Client authorises the Company to charge the payment card for the Wait Time Charge amount.
- Cancellations
- Bookings cancelled by the Client
- A cancellation penalty charge of 50% of the fee quoted will be payable if the service is cancelled by the Client up to 72 hours before the commencement of the scheduled clean. If the Client does not give at least 72 hours notice a cancellation penalty charge of 100% of the fee quoted will be payable.
- If the Company's Technicians are unable to gain access to the property at the agreed start time, or time slot, the Company's Technicians will wait for a maximum of 1 hour (see Wait Time section) and if the Company's Technicians are still unable to gain access at the end of the hour wait, the service will be cancelled and the Client will be liable for the cancellation policy charge of 100% of the fee quoted.
- The Client authorises the Company to charge the payment card for the cancellation charge amount on cancellation.
- The Company will do its best to accommodate changes in dates and times of booked work, but requires a minimum of 72 hours’ notice of the requested change. Please note that it is not possible for the Company to guarantee that an individual Technician will be available on the new day and at the time the Client requires. All appointments are amended subject to the Company’s existing work schedule.
- Bookings cancelled by the Company
- If the Client violates any of the terms, the Client’s permission to use the services and website will automatically terminate.
- The Company reserves the right to cancel any booking at any time without notice or cause.
- The Company will do its best to accommodate changes in dates and times of booked work. Please note that it is not possible for the Company to guarantee that an individual Technician will be available on the new day and at the time the Client requires. All appointments are amended subject to the Company’s existing work schedule.
- Refunds
- Refunds can be issued only after the Company has been permitted to rectify any problems or perceived deficiency in the service it has provided.
- Refunds will take in consideration the service already provided by the Company and the Company's Technicians.
- Deposit payments are non-refundable and non-transferable.
- Refunds are processed only by BACs bank transfer.
- Service
- Cleaning
- All services follow the Company's cleaning checklists.
- The Company shall provide all cleaning supplies and cleaning equipment necessary to carry out the service.
- The Client must provide running hot water, electricity, and sufficient light at the premises where the service takes place.
- The Client, or a representative of the Client, is required to be at the property at the beginning of the clean to let the Technicians in, provide the Technicians with a set of keys (if required), and walk the Technicians through the areas that the Client requires cleaning.
- The Client, or a representative of the Client, is required to be at the property at the end of the clean to walk through the property with the Technicians, advise on any areas that need additional cleaning, to sign-off on the cleaning service provided, make payment for the balance of the service provided, to receive any keys that have been handed to the Technicians, and to let the Technicians out of the property. The Client assumes responsibility for securing and locking up the property.
- The Client, or a representative of the Client, is required to sign-off all work and the checklist on-demand at the end of the clean while the Technician is present, unless this has been agreed in writing in advance.
- If the Client, or a representative of the Client, is unable to be at the property at the end of the clean (within the wait time limits, see Wait Time section) then the Client agrees that the Company has completed the work to a satisfactory standard. The Client agrees that the Company will not be liable or responsible for any issues that arise.
- If the Client, or a representative of the Client, is unable to sign-off all work and the checklist on-demand at the end of the clean (within the wait time limits, see Wait Time section) then the Client agrees that the Company has completed the work to a satisfactory standard. The Client agrees that the Company will not be liable or responsible for any issues that arise.
- The cleaning or removal of hazardous, toxic, or dangerous substances plus tough stains or marks not applicable to cleaning are not permitted within the services the Company provides. This includes, but not limited to: human or animal blood, faeces, or bodily fluids; medical waste; perishable food; corrosive/noxious liquids; gas canisters; creosote; paint; rust; marks on walls; stains or dirt on radiators.
- The Company does not clean external or exterior areas, including, but not limited to: external patio areas, sheds, gardens, external windows, garden furniture, and driveways.
- The Company does not clean areas that require step ladders, ladders, or working from heights, including, but not limited to: cleaning internal windows that are easily reached without the use of a ladder, cleaning lofts, and cleaning basements.
- The Company does not wipe down walls, clean walls, or get rid of marks on walls.
- The Company does not wipe down blinds, clean blinds, or get rid of marks on blinds.
- The Company is unable to provide 100% stain removal, including, but not limited to, all work surfaces, appliances, carpets, and other areas.
- The Company’s vehicle(s) require parking facilities within 20 metres (65ft) of the main entrance to the property/building. Should the Technician’s be unable to park the vehicle within the maximum distance the Client may be liable for a surcharge.
- The Client is responsible for advising the Company if there are any known circumstances which may hinder the Technicians during the cleaning or in any other way adversely affect the timely completion of the work.
- The Client is responsible for advising the Company at the time of estimate, quotation, and booking if there are any obstacles or restrictions that could hinder the Technicians prior to, during, or after the clean inside or outside the property.
- The Client is responsible for advising the Company at the time of estimate, quotation, and booking if the clean is being carried out from an apartment or flat above first floor. The Client should also advise the Company of any restrictions of access through communal areas.
- The Client should ensure the property is cleared of all personal possessions and valuables prior to the commencement of the clean. The Client should also ensure that during the clean that no personal possessions and valuables are left unattended in the property. If this is not possible, please ensure that personal possessions and valuables which are left in the property have been securely locked away. The Technicians are vetted, however, the Company does not take responsibility for lost or stolen personal possessions or valuables, prior, during, or after a clean.
- The Client should ensure the property is cleared of all furniture prior to the commencement of the clean. If the Client, or a third-party, still lives in the property the Company requires any furniture to be stored away. Any areas that contain furniture will not be cleaned by the Technicians. If furniture is in the way or inhibits the clean the Technicians will not be able to clean those areas.
- The Client hereby permits the Company to apply approved pesticides and or deploy equipment as the Company deems necessary, to deliver an effective treatment, subject to the Company's compliance with all legal requirements.
- The Company requires the property to be unoccupied while the Company's Technicians provide a fumigation service for at least 24 hours.
- The Client agrees to provide the Company with free access to all parts of the premises for the purpose of inspection, treatment, or surveillance and agree to ensure that all safety and treatment instructions are followed during and post-treatment.
- The Client hereby covenant not to request or permit the Company to access any part of the site or premises which the Client knows or suspects to be hazardous, or in which a potentially hazardous process is carried out, without first briefing the Company or the Company's Technicians on the nature of the hazard and the precautions to be observed.
- Please allow a minimum of one full working day for clean to be completed.
- Kitchen cleaning excludes appliance cleaning. Cleaning of individual appliances can be added on as an optional extra.
- End of Tenancy Cleaning
- In addition to the above 'Cleaning' the following apply to End of Tenancy Cleaning services:
- End of Tenancy Cleaning service is charged on a per job basis taking into account multiple variables including, but not limited to, a property in a 'standard' condition, what is to be cleaned, and the estimated cleaning time. Please note that the Company does not charge per manhour and the number of Technicians attending the Client's property may vary. The number of Technicians in a team cannot affect the initially estimated or quoted price.
- The company uses national average room sizes when calculating estimates and quotations over the phone, by email, or by other means.
- Appliance Cleaning
- If a fridge freezer or freezer clean is required, please ensure that it is fully defrosted 24 hours before the service begins, otherwise, the Technicians will be unable to clean it.
- Oven Cleaning
- If an oven clean is required, please note that oven trays are not included as part of an oven cleaning service.
- Carpet Cleaning
- 'Basic' Carpet Cleaning
- The 'Basic' carpet cleaning service is available only as an add-on to a deep cleaning service such as an End of Tenancy or Move In Clean.
- The 'Basic' carpet cleaning service is designed to be a 'cheaper, quick once over of the carpets' and is not designed to be a thorough full carpet clean or to treat stains.
- The 'Basic' carpet cleaning service uses a basic Hot Water Extraction machine that provides a quick shampooing of the carpets.
- 'Professional' Carpet Cleaning
- The 'Professional' carpet cleaning service is available as a stanalone service and as an add-on to a deep cleaning service such as an End of Tenancy or Move In Clean.
- The 'Professional' carpet cleaning service comes in 3 packages, Bronze, Silver and Gold depending on the type of clean you require.
- The 'Professional' carpet cleaning service uses a professional Hot Water Extraction machine that provides a thorough clean of the carpets.
- After Builders Cleaning
- The Company's Technicians will not clear of debris created by tradesman or building work.
- Specialist Cleaning
- Any service that requires hazardous cleaning requires a risk assessment to be carried out by the Company's Technicians.
- Any service that requires hazardous cleaning will be charged at the Company's Specialist Cleaning rates. If the estimate, quote or price provided is not charged at the Company's Specialist Cleaning rates then the Client agrees to the changes in the estimate, quote or price on this basis.
- Guarantee
- Standard guarantee terms
- The Client agrees to inspect the work immediately after its completion and to draw the Technician's attention to any outstanding cleaning issues while the Technicians are still on site.
- At the end of the clean, while the Company’s Technicians are present at the property, if the Client, a representative of the Client, or a Third Party finds any areas or items missed that need cleaning then the Company’s Technicians will rectify those areas or items (up to a maximum of 30 minutes extra cleaning time).
- After the clean, when the Company’s Technicians are not present at the property, if the Client, a representative of the Client, or a Third Party finds any additional areas or items that need cleaning then the cleaning and return visit will be chargeable.
- The 'Standard Guaranteee' is a guarantee that the Company's Technicians while at the property at the end of the clean with the Client will address any areas or items missed that need cleaning (up to a maximum of 30 minutes extra cleaning time). The 'Standard Guarantee' is not a reclean guarantee, is not a tenancy deposit guarantee, is not a tenancy deposit return scheme, and is not a tenancy deposit protection. The Company does not guarantee the return of the tenancy deposit under any circumstances to The Client or any other third party. The Company will not be held liable for tenancy deposits which are withheld, deducted, or not return, in full or in part, to The Client, or any other third party, under any circumstances. The Company will not be held liable for any further cleaning or loss, damage, delay, additional costs, or compensation charge as part of the 'Standard Guarantee'.
- Optional '72 Hour Guarantee' terms
- The '72 Hour Guarantee', also known as '72 Hour ReClean Guarantee', 'End of Tenancy Guarantee', '72 Hour End of Tenancy Guarantee', '72 Hour End of Tenancy Cleaning Re-Clean Guarantee', 'Re-Clean Guarantee', and variants of thereof, is an optional add-on to an End of Tenancy Cleaning service only.
- The '72 Hour Guarantee', as an optional add-on to the End of Tenancy cleaning service is available for existing/exiting tenants only (the Client) and is not available for landlords, agents, clerks, or other third parties.
- The '72 Hour Guarantee' is not a tenancy deposit guarantee or tenancy deposit protection.
- The '72 Hour Guarantee' period starts from the completion of the service. Completion of the service is when the Technicians have finished the clean, the Technicians have left the property, or when the Client has signed off on the clean, whichever is earliest.
- On completion of the clean and while the Company’s Technicians are present at the property, if the Client, a representative of the Client, or a Third Party finds any areas or items missed that need cleaning then the Company’s Technicians will rectify those areas or items (up to a maximum of 30 minutes extra cleaning time).
- If the Client, a representative of the Client, or a Third Party finds any any areas or items missed that need cleaning within 72 hours after the completion of the clean then the Company’s Technicians will return at a time and date suitable to the Company to rectify the issues free of charge.
- If the Client, a representative of the Client, or a Third Party finds any additional areas or items that need cleaning then the cleaning and return visit will be chargeable.
- Within the 72 hour period, the Company must receive an email with written details of the areas that need to be re-cleaned and photographic evidence of each area. Additionally, if the Client has a written check-out report from a check-out clerk, landlord, agent or other third party, please send a copy of that alongside the written email with photographic evidence to the Company.
- All claims must be made within the 72 hour guarantee period otherwise, the guarantee becomes void and the Company will not be held liable for any further re-clean, service, task, expense, or visit.
- If a problem occurs on a Saturday or Sunday, the Client must report it to the Company by Monday 11:00 am GMT in order to be accepted as a valid claim.
- If a problem occurs on a Bank Holiday weekend, the Client must report it to the Company by Tuesday 11:00 am GMT in order to be accepted as a valid claim.
- All claims will be vetted by the Company prior to acceptance of liability.
- All successful claims will be handled by the Company where the Company's Technicians will return, at the Company's earliest convenience and at the Company's own expense, to amend the areas deemed needing a re-clean by the Company. There is no set time period within which the Company's Technicians will return.
- For all successful claims the Company will require access to the property at the Company's request in order to undertake the re-clean. If access to the property is not granted, withheld, or unavailable, the Company will not be held liable for any further re-clean, service, task, expense, or visit.
- The '72 Hour Guarantee' cannot be transferred from the tenant (the Client) to landlord, agent, clerk or another third party. The Company requires contact with the tenant (the Client) only and requires instruction from the tenant (the Client) only. The Company are unable to deal with landlords, agents, clerks, or other third parties.
- The Company reserves the right to change, amend, modify, suspend, continue or terminate all or any part of the service or add-on either in an individual case or in general, at any time without notice.
- The Company reserves the right not to be liable for completing tasks not stated in the Company's checklist or pre-agreed by the Company by email.
- The Company reserves the right not to be liable for completing tasks that have not met the Company's requirements in order to provide a suitable clean, including but not limited to, access to running hot water and a working, safe electricity supply.
- The Company reserves the right not to be liable for any guarantee or re-clean if the outstanding balance of the service was not paid on the same date of the service. Successful receipt of the payment of the outstanding balance must be received by the Company by 4:00pm GMT on the same date of the service.
- The '72 Hour Guarantee' has a maximum 5 working days limit, from the date of the completion of the clean, whereby all evidence and information must be successfully received in writing by email. If all evidence and information is not received within the 5 working days limit, from the date of the completion of the clean, The Company will not be liable under any circumstance for any further re-clean, service, task, expense, or visit.
- The '72 Hour Guarantee' is a guarantee that the company will return, based on the conditions above, to fix any issues with the clean as per The Company's checklist and the service requested by The Client. The '72 Hour Guarantee' is not a tenancy deposit guarantee, is not a tenancy deposit return scheme, and is not a tenancy deposit protection. The Company does not guarantee the return of the tenancy deposit under any circumstances to The Client or any other third party. The Company will not be held liable for tenancy deposits which are withheld, deducted, or not return, in full or in part, to The Client, or any other third party, under any circumstances. The Company will not be held liable for any loss, damage, delay, additional costs, or compensation charge as part of the '72 Hour Guarantee'.
- Liabilities
- The Company shall not be liable under any circumstances for any loss, damage, delay, additional costs, or compensation charge (whether direct, indirect or consequential) suffered or incurred by the Client arising from or in any way connected with a late arrival of a Technician at the Client’s address. The Company endeavours to arrive promptly and within a clearly stated and agreed timeframe for all confirmed booking, but transportation problems, road conditions, breakdown of the Company's equipment, or vehicle issues are beyond the Company's Technician’s control and sometimes results in delays. These unforeseen delays can sometimes necessitate rescheduling.
- The Company reserves the right to be deemed not responsible for incomplete cleaning services due to the following occurrences: lack of running hot water or power, a third party entering or present at the Client's premises during the cleaning process; wear or discolouring of fabric becoming more visible once dirt has been removed; failure to remove old/permanent stains or odours that cannot be removed using standard carpet cleaning methods; existing damage or spillage that cannot be cleaned/removed completely and any accidental damages caused by the Company's Technicians if the Client has an unpaid balance owed to the Company.
- The Company shall not be liable under any circumstances for loss, damages, delay, costs or compensation (whether direct, indirect or consequential) which may be incurred by the Client or any third party arising from Key Handling.
- The Company shall not be liable under any circumstances for loss, damages, delay, costs or compensation (whether direct, indirect or consequential) which may be incurred by the Client arising from or in any way connected with the Company carrying out services for the Client if the Client has an outstanding amount aged 14 days or more from the date the payment was due.
- The Company may record all incoming and outgoing phone conversations including for the purposes of quality control, record keeping, and investigations.
- Any household items, possessions, or furniture moved by the Company's Technicians is at the Client’s risk and the Company does not accept any liability for any loss or damages.
- The Company’s liability for losses the Client suffers as a result of the Company breaking this agreement is strictly limited to the purchase price of the services the Client purchased in the previous three months.
- This limitation does not include or limit in any way the Company’s liability for death or personal injury caused by the Company’s negligence, fraud or fraudulent misrepresentation, or any matter for which it would be illegal for the Company to exclude, or attempt to exclude, the Company’s liability.
- The Company is not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited: to loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; or, waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
- The Company will take all reasonable care, in so far as it is in the Company’s power to do so, to keep the details of the Client’s booking and payment secure, but in the absence of negligence on the Company’s part the Company cannot be held liable for any loss the Client may suffer if a third party procures unauthorised access to any data the Client provides when accessing or ordering the Company’s services.
- Complaints
- The Client agrees to notify the Company of any issues with the service provided within 6 hours of the completion of the service.
- All Client complaints about the Company’s services must be received in writing by email.
- The Company requests that the Client does not wait until the job is complete before raising concerns.
- The Technicians take photographs of the property condition before and after the clean.
- The Client agrees to allow the Company back to re-clean any disputed areas/items before making any attempts to clean those areas/items or arranging a third party to carry out cleaning or repair services. Failure to do so will void the Company's guarantee and the Company will consider the matter fully settled. If payment has not been received in full or has been stopped by the Client, the Company will immediately refer the account for collection.
- Insurance and Claims
- The Client agrees to notify the Company of any claims for damages or losses within 6 hours of the completion of the service.
- The Company holds full Public and Employers Liability Insurance policy. This policy covers claims caused by the owner and those directly employed by the Company.
- The Company may require entry to the location of the claim within 24 hours to correct the problem.
- The Company uses the services of partner companies and subcontractors. In cases of a Client’s claim where it is the partner company or the sub-contractor that delivers the service, the subcontractor will appoint their own insurance company to settle the claim.
- The Company has no liability in the event of a Client claim against a partner company or a subcontractor if: the settlement is not what the Client wants, or, if the claim is void or cancelled.
- The Company reserves the right to refuse to share any of the confidential insurance company’s details and documents which include any details and documents relating to a partner company or sub-contractor.
- The Client acknowledges that there is an insurance excess of at least £250 per claim, depending on the type of claim, which will be at the Client’s expense.
- If the Client or any third party instructed by the Client is not present at the time of completion of the service then no claims regarding any cleaning issues can be made.
- In the case of a third party inspecting or refusing to inspect the result from the cleaning then the Company cannot be held responsible for rectifying any outstanding cleaning issues not mentioned by the third party.
- The Client waives their right to stop payment on their cheque or protest a credit/debit card charge unless the Company fails to make good on the guarantee.
- While the Company operatives make every effort not to break items, accidents do happen. Identical replacement is always attempted but not guaranteed. For this specific reason, the Company requests all irreplaceable items (whether monetarily or sentimentally valuable) be stored away and /or not cleaned by the Company's Technicians.
- In case of damage, the Company will require proof of damage caused by the Company and the Company's Technicians.
- The Company shall not be responsible for damage due to faulty and/or improper installation of any item. All surfaces, including but not limited to marble and granite, are assumed sealed and ready to clean without causing harm.
- Any attempt to commit insurance fraud or any use of false information to commit any type of fraud will be prosecuted to the fullest extent of the law together by the Company and the Insurance Provider(s). Monetary compensation as well as legal fees may incur.
- Events outside the Company's control
- The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of the Company’s obligations under a contract that is caused by events outside the Company’s reasonable control (“Force Majeure Event”).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the Company’s reasonable control and includes without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or transport access, flood, fire, explosion, acts of terrorism or accident.
- The Company’s performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and the Company will have an extension of time for performance for the duration of that period. The Company will use the Company’s reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which the Company’s obligations under the Contract may be performed despite the Force Majeure Event.
- Privacy
- The Company processes information about the Client in accordance with the Company’s Privacy Policy. By using the Company’s website and services, the Client consents to such processing and the Client warrants that all data provided by the Client is accurate.
- General
- The Client acknowledges that the Client uses the Company’s services at the Client’s own risk. The Client agrees to provide a safe working environment for the Company’s Technicians and to take appropriate precautions to supervise the Company’s Technicians.
- The Company cannot be responsible for fraudulent use or fraudulent loss while using the Company’s services.
- In the case of any abuse, threat, harassment, or intimidation to any member of the Company, or any workers working on behalf of the Company, the Company will seek full legal recourse.
- Intellectual property and right to use
- Unless otherwise stated, the copyright and other intellectual property rights in the content on the website are owned by the Company or the Company’s licensors. Any access or use of the website for any reason other than the Client’s personal, non-commercial use is prohibited.
- No part of the website may be reproduced in any other website or included in any public or private electronic retrieval system or website without the Company’s prior written permission.
- The Client acknowledges and agrees that the content contained within the website is made available for the Client’s personal non-commercial use only and that the Client may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited.
- The Client agrees not to (and agrees not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
- The Client may provide the Company with information and feedback regarding the features and performance of the Service, including reports of failures, errors, or other malfunctions the Client has encountered on the Service along with any associated error messages (the "Feedback"). Feedback provided to the Company may be used by the Company to improve the Service, and accordingly, the Client hereby grants the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and otherwise exploit such Feedback without restriction.
- If the Client publishes any content on the Company’s website, such as images, videos, reviews, comments, ratings, profiles or listings, the Client grants the Company a worldwide, perpetual, non-exclusive, royalty-free licence to copy, alter, adapt or display such Content on the Company’s website.
- Compliance with laws
- The Website, Estimate System, and any other device owned by the Company may be used only for lawful purposes and in a lawful manner. The Client agrees to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
- Written Communications
- Applicable laws require that some of the information or communications the Company sends to the Client should be in writing. When using the Company’s website, the Client accepts that communication with the Company will be mainly electronic. The Company will contact the Client by email. For contractual purposes, the Client agrees to this electronic means of communication and the Client acknowledges that all contracts, notices, information and other communications that the Company provides to the Client electronically comply with any legal requirement that such communications be in writing. This condition does not affect the Client’s statutory rights.
- Notices
- All notices given by the Client to the Company must be given to the Company in writing by email. The Company will give notice to the Client in writing by email to the email address provided by the Client. Notice will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
- Transfer of rights and obligations
- The contract between the Client and the Company is binding on the Client and the Company and on the Company’s respective successors and assigns.
- The Client may not transfer, assign, charge or otherwise dispose of a Contract, or any of the Client’s rights or obligations arising under it, without the Company’s prior written consent.
- The Company may transfer, assign, charge, subcontract or otherwise dispose of a Contract, or any of the Company’s rights or obligations arising under it, at any time during the term of the Contract.
- Severance
- If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms.
- Waiver
- No waiver by the Company shall be construed as a waiver of any preceding or succeeding breach of any provision.
- Entire Agreement
- These Terms, any document expressly referred to in them, and any other applicable terms and conditions constitute the entire agreement between the Company with respect to the subject matter of any contract and supersede any previous communications or agreements between the Company and the Client.
- The Company’s Right to Vary these Terms
- The Company has the right to revise and amend these Terms from time to time. The Client will be subject to the policies and Terms in force at the time that the Client books Services from the Company. The Client agrees to regularly check on the terms and conditions for updates.
- Law
- These Terms and the Contract shall be governed by and construed in accordance with the laws of England and the Client irrevocably submits to the exclusive jurisdiction of the courts of England. Any dispute or claim arising out of or in connection with the Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
- Contact Information
- The Company can be contacted by email at office@cullens.co.uk.