Cleaning times are to be arranged between yourself and your cleaner.
All cleaning products and equipment are to be supplied by yourself on the day of the clean.
Your Cancellation Rights You have the right to cancel this contract if you wish; within fourteen calendar days starting on the day this Notice of Right to Cancel is issued. Cancellation should be communicated by email to admin@daisymaidse.co.uk.
Work begun prior to the expiry of the cancellation period.
If you have agreed that work will commence before the fourteen-day cancellation period expires, and you subsequently cancel in accordance with your rights, you are advised that reasonable payment may be due for any work carried out. You are asked to confirm in writing that work may commence before your cancellation period expires.
I agree that provided by Daisy Maid SE Limited may commence work as early as today’s date, before my cancellation period has expired.
I understand that if I decide to cancel within fourteen days, I will be asked to pay for any work that has been carried out prior to my cancellation at the hourly rate of £30 per hour.
Please read these terms and conditions carefully. You should understand that by ordering any of our services, you agree to be bound by these terms and conditions.
Provisions of the service
The term “Householder” company or organisation means the Householder, company or organisation whose details appear on the welcome documentation, and the singular term shall be deemed to include the plural where applicable;
1 RECITALS
1.1 Daisy Maid SE Limited is a professional cleaning agency that introduces Cleaners (“the Cleaners”) to the Householder, company or organisation for the purpose of cleaning and other domestic services (“the Services”). The Cleaners are not employees of the Daisy Maid SE Limited; Daisy Maid SE Limited acts solely to introduce Householders, companies, organisations to Cleaners.
1.2 The term “Householder, company or organisation means the Householder whose details appear overleaf and the singular term shall be deemed to include the plural where applicable;
1.3 The term “Agency fee” shall mean the payments stated overleaf to be made by the Householder, company or organisation to Daisy Maid SE Limited;
1.4 The term “Website” means the website at http://www.daisymaidse.co.uk/ operated by Daisy Maid SE Limited ; and the term “Cleaner” means a Cleaner from the database of Cleaners maintained by Daisy Maid SE Limited.
2. AMENDMENTS
2.1 Daisy Maid SE Limited reserves the right to amend the terms and conditions of this Agreement, and shall inform the Householder of such changes by posting them to the Website, and/or sending or otherwise providing them to the Householder, not less than thirty (30) days before implementation of such changes.
3. INTRODUCTION FOR A CLEANER
3.1 Daisy Maid SE Limited shall introduce a Cleaner, to the Householder, company or organisation subject to the terms and conditions of this Agreement, to provide the hours of work specified overleaf as may be varied from time to time by prior agreement between the Householder and the Cleaner subject to the Householder’s compliance with the minimum agency fee specified by Daisy Maid SE Limited from time to time. Note that changes to the number of hours shall affect payment to Daisy Maid SE Limited.
3.2 The Householder shall pay Daisy Maid SE Limited the agency fee for the introduction of the Cleaner and on-going support for the duration of the Agreement.
3.3 This Agreement will be for a minimum initial period of thirteen (13) weeks as from the date of signature and shall continue thereafter on a month-to-month basis.
4. PAYMENT TERMS
4.1 The Householder, company or organisation shall sign the direct debit mandate authorising payment of the agency fee, as specified overleaf, to be made from the Householder, company or organisation bank to Daisy Maid SE Limited Services quarterly or monthly in advance as per your quote The direct debit is to be paid on or before the date of the first clean. Such payments shall continue until the Agreement is terminated in accordance with Clause 9 or cancelled under Clause 10.
4.2 The payment of the Agency fee for the initial period is payable on signature of the Agreement.
4.3 Any change to the hours as stated overleaf should be reported in advance to Daisy Maid SE Limited by the Householder, company or organisation and shall be subject to the appropriate adjustment to the amount of the Agency fee.
4.4 If a Cleaner is retained by the Householder, company or organisation for more hours than originally agreed, without the Householder company or organisation paying an additional fee to Daisy Maid SE Limited, Daisy Maid SE Limited reserves the right to claim the additional fee due, plus interest, for any period that the additional fee became payable but remained unpaid.
4.5 Where the payment by the Householder, company or organisation of the Agency fee or any other sum payable under this Agreement is not received by Daisy Maid SE Limited by the due date, Daisy Maid SE Limited reserves the right to charge the Householder company or organisation interest at the prevailing Bank of England Base Rate plus 2% for each day that the total amount outstanding or any part of it remains unpaid.
4.6 The failure to pay any Agency fee payment for more than one month shall constitute a serious breach for the purposes of Clause 9.3 and Daisy Maid SE Limited shall accordingly be able to terminate this Agreement without prejudice to its right to charge interest on the overdue amount and/or to recover the outstanding amounts and its reasonable costs incurred in so doing.
5. OBLIGATIONS OF THE HOUSEHOLDER
5.1 The Cleaner is introduced to the Householder, company or organisation as a self-employed Cleaner and the Householder, company or organisation shall agree directly with the Cleaner, company or organisation the terms of work.
5.2 The Householder, company or organisation shall pay any Cleaner retained by the Householder at the rate agreed in the Contract for Services and such fees shall be paid directly to the Cleaner in accordance with that agreement.
5.3 Unless agreed otherwise with the Cleaner the full amount of the clean for that day will be payable to the Cleaner to compensate for expense and inconvenience should the Householder cancel appointments with the Cleaner by giving the Cleaner less than 36 hours’ notice or no notice at all. This will also apply to the agency fee.
5.4 The Householder, company or organisation shall provide a safe working environment for the Cleaner at all times.
5.5 If the Householder, company or organisation would like to lay a complaint or inform Daisy Maid SE Limited of breakage or damage to property this should be within 72 hours of the event and lodged in writing to Daisy Maid SE Limited. Daisy Maid SE Limited will not be liable for any damage, property loss or complaint that is not lodged within 72 hours. In order for us to deal with your complaint efficiently Daisy Maid SE Limited should be informed by email within 72 hours of any incident to admin@daisymaidse.co.uk.
5.6 If the Householder, company or organisation shall requests an agency refund owing to a change in cleaning schedule or holiday, this should be made at the time by email to Daisy Maid SE Limited and not after the event. The householder company or organisation shall will be entitled to a refund of agency fees up to a maximum of one month per calendar year as per their individual cleaning schedule. Please note this entitlement, if not used, is not carried forward to the following calendar year.
6. OBLIGATIONS OF THE AGENCY
6.1 Daisy Maid SE Limited shall introduce a Cleaner to the Householder, company or organisation shall in accordance with Clause 3.1.
6.2 Where the Householder company or organisation shall is unhappy with the Cleaner introduced by Daisy Maid SE Limited and/or notifies Daisy Maid SE Limited that, for whatever reason, the Cleaner’s services are to cease permanently, Daisy Maid SE Limited shall: Endeavour to introduce a replacement Cleaner to the Householder, company or organisation shall; and issue the Householder, company or organisation shall with a refund or credit for any period that the Householder, company or organisation shall is without a Cleaner following the Householder’s, company or organisation shall notification of the same, save to the extent that by agreement with the Householder t, company or organisation shall he replacement Cleaner provides additional services to compensate the Householder, company or organisation shall for services not received by the Householder company or organisation shall during the period when there was no Cleaner retained. In such circumstances, the Agreement shall continue unaffected, and all of the terms shall continue to apply.
6.3 In the event that a suitable replacement Cleaner cannot be found and introduced to the Householder, company or organisation shall, then termination under Clauses 9.1 and/or 9.2 may apply.
6.4 In performing its obligations under this Agreement Daisy Maid SE Limited shall use its reasonable care and skill.
7. INSURANCE
7.1 As a benefit to the Householder, company or organisation shall each Cleaner employed by the Householder through the Agency will be covered by an insurance policy which includes public liability cover providing for a maximum payment of £2,000,000 in the event of damage to or loss of the Householder’s, company or organisation property provided that this damage or loss is caused by the negligence or omission of the Cleaner. The Householder company or organisation acknowledges and confirms that each Cleaner is not employed by the Agency and that, save as otherwise provided herein, the Agency shall not be liable for any act, default or omission of the Cleaner. The Householder company or organisation shall acknowledge and agrees that the Agency does not have access to police or criminal records when vetting Cleaners and cannot be liable for false or misleading information provided by Cleaners in relation to such matters.
7.2 The insurance policy will only cover damage to property if and to the extent that the damage is of a value in excess of £150. Neither the Agency nor its insurers will accept liability for any claims under £150 which are hereby excluded. Where any claim s of a value in excess of £150 the Householder company or organisation shall be liable to pay the first £150 of any such claim.
7.3 The Householder company or organisation shall not be covered by Daisy Maid SE Limited insurance policy in the following circumstances: Where the Cleaner is not introduced by Daisy Maid SE Limited; Where the terms of this Agreement are otherwise breached.
7.4 The insurance policy does not cover theft of property or possessions or loss or damage caused by bleach or any substances containing bleach.
8. LIABILITY
8.1 Subject to Clause 8.2 below, Daisy Maid SE Limited shall not be liable for: any loss or damage in excess of the limit of its Public Liability insurance cover or outside the scope of its cover, as described in Clause 7;Any losses incurred by the Householder company or organisation as a result of any failure of a retained Cleaner to comply with his or her contractual obligations under the Contract for Services for whatever reason; Failure of any retained Cleaner to return keys and any loss that may arise as a result; Collusion or theft of property or possessions by a retained Cleaner.
8.2 Nothing in this Agreement shall affect the statutory rights of the Householder as a consumer.
9. TERMINATION
9.1 Daisy Maid SE Limited may terminate the Agreement at any time by giving not less than one calendar months’ notice in writing to the Householder, company or organisation. In such circumstances, the balance (if any) of the Agency fee for the period after expiry of the notice shall be refunded to the Householder, company or organisation. Clauses 9.5 – 9.7 shall continue to apply.
9.2 The Householder company or organisation may terminate the Agreement to take effect at any time after the initial 13-week period by giving not less than one calendar months’ notice in writing to Daisy Maid SE Limited. In such circumstances, the balance (if any) of the Agency fee for the period after expiry of the notice shall be refunded to the Householder company or organisation unless expiry of the notice falls within the initial period in which case the Agreement shall terminate immediately after the initial period and without refund. If for whatever reason the initial payment has not been made to Daisy Maid SE Limited at the time the Householder serves notice of termination, the Householder company or organisation shall remain liable to make such payment to Daisy Maid SE Limited. Clauses 9.5 – 9.7 shall continue to apply. (The provisions of this Clause 9.2 do not affect the rights of the Householder company or organisation shall in respect of cancellation as set out in Clause 10.)
9.3 Notwithstanding Clause 9.1, where the Householder company or organisation has committed a serious breach of the terms of the Agreement, Daisy Maid SE Limited is entitled to terminate the Agreement immediately on written notice to the Householder, company or organisation, and, where applicable, Daisy Maid SE Limited shall take further action in connection with the said serious breach. Clauses 9.5 – 9.7 shall continue to apply. 9.4 Notwithstanding Clause 9.2, where Daisy Maid SE Limited has committed a serious breach of the terms of the Agreement, the Householder is entitled to terminate the Agreement immediately on written notice to Daisy Maid SE Limited. In such circumstances, the balance of the Agency fee for the remainder of the then current quarter shall be refunded to the Householder, company or organisation. In these circumstances, the remainder of this Clause 9 shall not apply to the Householder, company or organisation.
9.4 For a period of eighteen months following termination of the Agreement for any reason, the Householder company or organisation shall not engage, directly or indirectly, as an employee, contractor, agent or otherwise any Cleaner who has been introduced by Daisy Maid SE Limited to the Householder, company or organisation company or organisation. If the Householder company or organisation does so engage a Cleaner in contravention of this Clause, then Daisy Maid SE Limited shall institute proceedings against the Householder, company or organisation to recover damages and costs.
9.5 Where the Householder company or organisation cancels the direct debit mandate without giving one calendar months’ notice by email to Daisy Maid SE Limited, Daisy Maid SE Limited reserves the right to charge the Householder company or organisation for any reasonable expenses incurred in respect of that cancellation in addition to any outstanding fee that remains due and payable plus interest.
9.6 It is the responsibility of the Householder company or organisation to ensure that the standing order mandate paying the Agency fee to Daisy Maid SE Limited is cancelled by the Householder’s bank upon termination of the Agreement. Payments received for any period after the Agreement has terminated shall incur an administration charge of up to a maximum of £30, the actual amount to be the costs and expenses incurred by Daisy Maid SE Limited in returning any such payment.
10. IMPORTANT NOTICE:
Please refer to the Notice of the Right to cancel which forms part of this Agreement. The following provisions of this Clause are in addition to, and shall not affect, the statutory rights of the Householder, company or organisation as a consumer.
10.1 Should the Householder company or organisation serve notice of cancellation in accordance with the Notice of the Right to Cancel and the Householder company or organisation has requested in writing that Daisy Maid SE Limited should provide services during the cancellation period and agreed to be responsible for the costs of those services, Daisy Maid SE Limited shall return the initial payment made less an administration charge of a sum not exceeding £50, the actual amount to be the costs and expenses incurred by Daisy Maid SE Limited in performing the Agreement up to that point. If for whatever reason the initial payment has not been made to Daisy Maid SE Limited the Householder company or organisation shall pay such administration charge to Daisy Maid SE Limited on request.
10.2 The provisions of Clause 10.2 shall not apply if the Householder company or organisation terminates the Agreement in response to a serious breach by Daisy Maid SE Limited.
10.3 The provisions of Clause 10.2 shall not apply if the Householder company or organisation terminates the Agreement in response to a serious breach by Daisy Maid SE Limited.
11. GENERAL
11.1 Unless expressly stated otherwise, all representations, rights and obligations entered into by persons named as the Householder company or organisation overleaf, if more than one, are given or entered into jointly and severally by each of those persons. Accordingly, Daisy Maid SE Limited may take action against any one or more of such persons and may release or compromise the liability of any one or more of such persons without affecting the liability of the other(s).
11.2 If any provision of this Agreement shall be found to be void, invalid or unenforceable, whether by a court of law, agreement of the parties or otherwise, the remainder of this Agreement shall remain in full force and effect notwithstanding any such invalidity, illegality or unenforceability but the provision in question shall be deleted.
11.3 Non-financial personal data shall not be passed to any third party unless required to do so by law.
11.4 Any notice under this Agreement shall be emailed and (with the exception of the Notice of the Right to Cancel) shall be effective on actual or deemed receipt. Notice shall be given by e-mail to admin@daisymaidse.co.uk and addressed to Daisy Maid SE Limited or to the Householder, as appropriate, at one of the addresses. Either party may, email the other, change the address to which notices to it may be sent.
11.5 Any headings to clauses or sub-clauses are for convenience only and shall not affect the interpretation or construction thereof.
11.6 Relevant United Kingdom law will apply to these terms and conditions and the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these terms and conditions.