We are Electro Clean Ltd (12528320) of King House, Farley Street, Nether Wallop, Stockbridge, SO20 8EQ (The Company). Below are our terms of business which govern the professional cleaning services we offer you as the customer.

1. Introduction

1.1. We aim to provide reliable high-quality professional cleaning services by supporting customers with a variety of professional cleaning services.

1.2. When you work with us a contract is created between us, Electro Clean Ltd, and you (The Customer) as defined in the booking confirmation form.

1.3. All of this cannot be put into a single document and so we set out below what we think you might wish to know at this stage and what we need to agree with you. We may well need to provide further information or documentation depending on the nature of your instructions or how you engage with us.

1.4. The headings contained in these Terms are for convenience only and do not affect their interpretation.

1.5. These terms of business are designed to regulate the relationship between the Company and The Customer in respect of any provision of Cleaning Services The Company provides.

1.6. These terms of business are deemed to be accepted by The Customer when the Cleaning Services of The Company have been requested for in writing. Writing includes any form of written communication including email, text message or any other form of electronic communication and correspondence.

1.7. Unless otherwise agreed in writing by a Director of The Company, these Terms of Business shall prevail over any other Terms of Business or purchase conditions put forward by The Customer.

1.8 No variation or alteration of these Terms of Business shall be valid unless approved in writing by a Manager or Director of The Company.

2. Definitions

2.1 In these Terms of Business the following definitions apply:

2.2 “Company” means Electro Clean Ltd t/a Electro Clean (09075541) of Hendford Manor, Yeovil, Somerset, BA20 1UN.

2.3 “Customer” means the person, organisation, charity, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 2006 who has requested the services or information about such services delivered by the Company.

2.4 “Cleaning Services” can include any services offered by the Company designed to assist the Customer with the cleanliness or hygiene of a property or facility, this includes but is not limited to the following:

• Electro Static Cleaning Services

• Ongoing Cleaning Contracts & Services

• Provision of Cleaning Products & Supplies

2.5. The Company reserves the right to utilise any sub-contractor it feels is suitable to provide the Cleaning Services defined in the booking form.

2.6. The Customer agrees to the use of its brand or logo by the Company for the purposes of advertising, delivering the required Cleaning Services and marketing purposes. The Company will require a copy of the Customers company logo/s in a suitable format either .jpg, .gif, .png if it is going to be used.

2.7. References to the singular include the plural and references to the masculine include the feminine and vice versa where the context requires it.

3. Responsibility for your work

3.1 Any paid work undertaken by the Company for the Customer will be confirmed to the client in writing and a log kept of the work done.

3.2 Your main point of contact will be the person named in your booking confirmation (completed by field), ie. the Salesperson who communicated with you and made the booking. In their absence, please refer to any member of the Electro Clean team by contacting 01962 676214 by phone or email info@electroclean.co.uk.

4. Client Instructions and our services

4.1 Client instructions are confirmed by these Terms of Business the Booking Confirmation and any other written confirmation sent to the Customer of work the Company is undertaking on the Customers behalf. These written documents together form the basis upon which we accept those instructions and our contract with you.

4.2 If you have any queries as to this please contact the person handling your booking.

5. Fees & Expenses

5.1. At the time of instruction, the Company will discuss fees and the costs for our services with the Customer. We will confirm these fees in the Booking Confirmation or in the case of additional or supplementary work in a written confirmation email.

5.2. The Booking Confirmation will confirm the specific rates, price p/sqm, job price etc applicable to the services agreed. In cases where work is agreed in association to a booking confirmation a separate written confirmation of work being undertaken will be sent to the Customer detailing the specifics of the work being undertaken and the costs associated.

5.3. The company may sometimes charge for additional expenses and services carried out on the customer’s behalf. These expenses or additional services will be agreed upon with the customer and confirmed in writing by Booking Confirmation or email.

5.4. Fees and expenses are payable by the Customer as follows:

25% Deposit to confirm booking – This must be paid within 7 Days of the booking or at the point of booking by credit card or instant transfer if Cleaning Services to be provided are within 7 Days. Any booking must be paid 48hrs before the services are to be provided or the booking is cancelled but the 25% deposit is still to be paid.

The remaining 75% of the agreed price will be invoiced on completion of the works agreed in the booking. These invoices will have 7-day payment terms unless varied under the booking confirmation.

Any variation to these payment terms must be agreed upon and documented in the additional information of the booking form signed by both parties.

5.5. All fees and expenses due will be invoiced according to the Booking Confirmation.

5.6. The company reserves the right to:

5.6.1. ask the Customer for payment in advance of Service to cover any fees, supplementary expenses or fees not contained in the booking confirmation;

5.6.2. stop the service if the Customer fails to pay any invoice.

5.7. Our fees and any other expenses are exclusive of VAT which will be added to the invoice where applicable.

5.8. We review our rates and fees periodically. If this results in changes to the fees indicated in your booking confirmation, we will discuss this with you and confirm the position in writing.

5.9. The Company reserves the right to charge late payment fees on invoiced amounts unpaid for more than 14 days after the due date. This late payment fee is 10% of the total amount invoiced. The company also reserves the right to revoke any agreed discounts or special offers for amounts that remain unpaid after this period and the amount due will revert to the original full price before discounts or special offers were applied.

5.10. The payment terms for all invoices is 7 days from the date of the invoice unless expressly agreed otherwise in the booking confirmation.

5.11. The company reserves the right to ask for payment upfront for its service before commencing work if the Client fails to pass its credit check process or pays more than 2 invoices late in a 24-month period.

5.12. If a Customer challenges an amount owed to the company and does not pay the invoice on time late payment fees will still apply if the Customers challenge results in the invoice amount still being due. If the challenge results in the invoice amount changing the new amount owed is always due to be paid within 7 days of the date when the new invoice is issued. After 14 days any new invoice which is not paid in full will be subject to the late payment fee of 10% resulting in this amount being added to the invoice amount.

6. Client Reporting

6.1. The company will report to the Customer on the progress and status of works on a regular basis (weekly, monthly or quarterly) as agreed with the Customer.

6.2. This reporting can include but is not limited to the following:

• Hours worked

• Work completed during hours worked

• Plan for activity in the period ahead

• Any additional work or quotations for work outstanding etc

7. Confidentiality, Privacy & Data Protection

7.1. The Company and the Customer both agree to maintain the highest standards of professionalism before, during and after any Cleaning Services are started including keeping information confidential between the parties with any private or personal data being stored securely.

7.2. The Company will store personal information relating to the Customer including data such as name, phone number, email address and work address. This stored information will be stored securely on password-protected internal systems and systems hosted securely by 3rd party providers.

7.3. The Company strives to keep all Customer information and data secure this includes all electronic information that is stored on the Company database and systems. However, the Company or its Customers can’t be held responsible for cyber-attacks, viruses or malicious actions which result in confidential Customer or Company data being obtained by a 3rd party unlawfully.

7.4. The Customer is also in receipt of confidential and potentially sensitive data from the Company. The Customer assures reasonable steps will be taken to protect all confidential and sensitive information in line with Data Protection legislation and acknowledge that they will be held responsible for any failings or losses because of Data Protection Laws not being adhered to by them.

7.5. The Customer may be subject to investigative and corrective powers of supervisory authorities (such as the ICO) under Article 58 of the GDPR;

• if it fails to meet its obligations, it may be subject to an administrative fine under Article 83 of the GDPR;

• if it fails to meet its GDPR obligations it may be subject to a penalty under Article 84 of the GDPR;

• if it fails to meet its GDPR obligations it may have to pay compensation under Article 82 of the GDPR.8. Privacy

7.6. The Company agrees:

• To act in good faith on behalf of all Customers.

8. Service Level Agreements (SLA’s) & Customer Duties

8.1. The Company will sometimes put in place agreed SLA’s with the Customer. These will be documented separately to this contract but form part of the contract terms and conditions so much be agreed in writing in some form either electronically or in physical print. Any agreed SLA’s should document the service standards to be achieved and action for breach of any failure to meet the standard. If this is not the case, then the SLA is not valid so should be void from the contract and ignored.

8.2 The Customer is required to tidy away paper documents, electronic devices and follow any other instructions by the Company in terms of preparing a site for cleaning. The Company will do its best to protect and cover electric devices etc but cannot be held responsible for any damage to this type of equipment if left out during a clean. The product the Company uses to clean should not damage electric equipment if it is turned off and left to dry before turning back on but it’s always best practice to move these items, cover them or store them somewhere while a clean is taking place.

9. Work Carried Out by 3rd Parties & Introductions

9.1. The Customer agrees that The Company will sometimes outsource contracted works to 3rd Parties under this agreement and agrees to this being the case.

9.2. Where works are contracted to 3rd Parties the Customer agrees not to solicit the 3rd party to purchase similar cleaning services through said 3rd Party for a period of up to 12 months unless The Company breaches this agreement in a material way.

9.2.1. If a Customer breaches the clause in 9.2 The Company is entitled to claim for the full price of any works carried out or instructed by said 3rd party for the prevailing 12 months after a said breach occurs.

9.3. If a Customer offers employment to any employee of the Company after being introduced through the work of the Company, the Company has the right to charge an introduction fee of 30% of the annual salary offered to the employee by the Customer. This is to prevent Customers from offering employment to the employees of the Company but should this occur suitable compensation is provided to the Company by the Customer for the loss of that employee.

10. Limitation of Liability

10.1. The Company accepts a maximum aggregate liability to Customers for any loss arising out of or in connection with this agreement or the Cleaning Services provided. This shall not exceed £1,000,000 and only be paid if the company is found negligible for services carried out as part of this agreement.

10.2. The Company shall in no event be liable for any indirect loss, regardless of whether such losses are foreseeable and whether caused by our negligence arising out of or in connection with the Cleaning Services offered.

10.3. The Company are not liable for any of the following:

• Loss of revenue

• Loss of opportunity

• Loss of employment

• Loss of reputation; or

• Loss or corruption of data

In each case whether direct or indirect.

10.4. Nothing in these Terms shall have effect to limit the company liability for loss or damage arising out of personal injury or death or acts of fraud.

11. Termination

11.1. The company may terminate this agreement at its sole discretion if:

• after providing written notice of breach of these terms such breach is not rectified within 5 working days where they are capable of remedy, or at once if such breach is considered serious or can’t be remedied.

• the Cleaning Services of the company are being used for an improper or unethical reason. This includes if a customer is looking to offer a service or product in competition with the company’s own services.

11.2. Customers can terminate this agreement and cease to use the Cleaning Services provided by the company by giving the company 28 days written notice at any time. We will then close your account once any amounts outstanding under agreements are paid or disputes settled properly through settlement agreements or the courts.

12. Governing Law and Jurisdiction

12.1. The laws of England and Wales govern this agreement and all non-contractual obligations arising out of it. The parties submit to the exclusive jurisdiction of the English Courts.