Cleaning Service Agreement - Template, Sample Form Pro · EN-CA-law

CLEANING SERVICES AGREEMENT

Province of ________

Effective Date: ________

RECITALS

This Cleaning Services Agreement (the "Agreement") is made and entered into as of the Effective Date set out above by and between the following parties:

SERVICE PROVIDER. ________, carrying on business as a cleaning services provider, having its principal place of business located at:

________

Business / GST/HST registration number (if applicable): ________

The Service Provider's contact information is as follows:

Tel.: ________

Email: ________

(hereinafter, the "Service Provider")

-AND-

CLIENT. ________, having its principal address located at:

________

The Client's contact information is as follows:

Tel.: ________

Email: ________

(hereinafter, the "Client")

The Service Provider and the Client are referred to in this Agreement individually as a "Party" and collectively as the "Parties".

§ 1. ENGAGEMENT AND DESCRIPTION OF SERVICES

1.1 Commencing on ________, the Service Provider shall provide to the Client the following cleaning services (the "Services"):

(a) emptying waste receptacles;

(b) replacing waste bags as required;

(c) sweeping and mopping floors;

(d) washing windows;

(e) disinfecting all bathroom surfaces and fixtures;

(f) dusting furniture;

(g) vacuuming;

(h) cleaning all air vents;

(i) steam cleaning carpets (if necessary);

(j) waxing floors (if necessary);

(k) washing and putting away dishes;

(l) making beds and changing bedding;

(m) the following additional tasks:

________.

1.2 In addition to the Services described above, the Service Provider may provide such further cleaning services as the Parties may agree in writing from time to time.

1.3 The Services shall be performed without undue disturbance or inconvenience to:

(a) ________; and

(b) guests or other persons lawfully occupying the premises.

1.4 The Services shall be provided at the following location(s):

________

1.5 The Client shall, where required, provide the Service Provider with keys or other means of access to the premises prior to each cleaning session. The Client will provide the following number of keys to the Service Provider: ________. The Service Provider shall safeguard such keys, shall not duplicate or transfer them, and shall return them to the Client after each cleaning session.

§ 2. INSPECTION OF WORK

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla pariatur lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris.

§ 3. FEES, PAYMENT AND TAXES

3.1 The Client shall pay the Service Provider the sum of ________ (CAD) per week for the Services, payable on the following day of each week: ________, by the following method: ________.

3.2 All amounts payable under this Agreement are exclusive of applicable goods and services tax (GST), harmonized sales tax (HST) and any other applicable taxes, which shall be added to invoices and paid by the Client where the Service Provider is required by law to collect and remit the same.

3.3 For any payment not received within three (3) days of its due date, the Client shall pay a late charge of ________ (CAD), together with interest on overdue amounts at the rate of ________% per annum, provided such charges shall not exceed the maximum permitted by applicable law, including section 347 of the Criminal Code (Canada).

3.4 In addition to any other right or remedy available at law or in equity, if the Client fails to pay for the Services when due, the Service Provider may treat such failure as a material breach of this Agreement and may suspend the Services, terminate this Agreement, and/or pursue any available legal remedy.

§ 4. SCHEDULING AND HOURS OF WORK

4.1 The Services shall be performed at the following frequency:

________.

4.2 Certain tasks may require a higher frequency than others. The Service Provider is responsible for establishing a cleaning schedule that permits the Services to be performed in a sufficient and reasonable manner.

4.3 To the extent reasonable, the Services shall be performed in a manner that does not unduly inconvenience the Client, the Client's guests, or any other person lawfully using the premises.

§ 5. TERM AND TERMINATION

5.1 This Agreement commences on the Effective Date and, unless earlier terminated in accordance with its terms, shall automatically terminate on the following date: ________.

5.2 Either Party may terminate this Agreement for convenience upon ________ days' prior written notice to the other Party.

5.3 Termination shall not relieve the Client of the obligation to pay for Services properly rendered up to and including the effective date of termination.

§ 6. RELATIONSHIP OF THE PARTIES

6.1 The Parties acknowledge and agree that the Service Provider is an independent contractor and not an employee, agent or partner of the Client. The Client shall not provide any fringe benefits, including health insurance, paid vacation, or any other employee benefit, to the Service Provider.

6.2 Nothing in this Agreement shall be construed as creating an employer-employee relationship, a partnership, an agency, or a joint venture between the Parties.

6.3 The Service Provider is solely responsible for the remittance of all income tax, employment insurance, Canada Pension Plan contributions and all other statutory deductions and remittances in respect of itself and its personnel, and for compliance with all applicable workers' compensation legislation.

§ 7. EQUIPMENT AND SUPPLIES

7.1 The Client shall provide all equipment and supplies reasonably required by the Service Provider for the proper performance of the Services, unless otherwise agreed in writing by the Parties.

§ 8. INSURANCE

8.1 The Service Provider shall, throughout the term of this Agreement, maintain commercial general liability insurance with a limit of not less than ________ (CAD) per occurrence, and shall maintain workers' compensation coverage as required by applicable provincial legislation. Upon request, the Service Provider shall provide the Client with a certificate of insurance evidencing such coverage.

§ 9. CONFIDENTIALITY AND PRIVACY

9.1 The Service Provider and its employees, agents and representatives shall not at any time, directly or indirectly, use for their own benefit, or disclose or communicate in any manner, any confidential information belonging to the Client, and shall protect and treat such information as strictly confidential. This obligation shall survive the termination of this Agreement.

9.2 Each Party shall comply with all applicable privacy legislation, including the Personal Information Protection and Electronic Documents Act (Canada) and any applicable provincial privacy legislation, in respect of any personal information collected, used or disclosed in connection with this Agreement.

9.3 Upon termination of this Agreement, the Service Provider shall return to the Client all records, notes, documents, keys and other items used, created or controlled by the Service Provider during the term of this Agreement.

§ 10. INDEMNIFICATION

10.1 The Service Provider shall indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or resulting from the negligent acts or omissions or wilful misconduct of the Service Provider or its employees, agents or representatives in the performance of the Services.

10.2 The Client shall indemnify and hold harmless the Service Provider from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or resulting from the negligent acts or omissions or wilful misconduct of the Client or its employees, agents or representatives.

§ 11. WARRANTY AND STANDARD OF CARE

11.1 The Service Provider shall perform the Services and fulfil its obligations under this Agreement in a timely, diligent and professional manner, applying a standard of care and skill that meets or exceeds generally accepted standards for comparable cleaning services in the community and region in which the Services are performed.

§ 12. DEFAULT

12.1 Each of the following shall constitute an event of default under this Agreement:

(a) failure to make a required payment when due;

(b) the insolvency or bankruptcy of either Party;

(c) the subjection of any property of either Party to levy, attachment, general assignment for the benefit of creditors, or demand or sale for or by a creditor or governmental authority;

(d) failure to make available or deliver the Services within the time and in the manner provided for in this Agreement.

§ 13. REMEDY ON DEFAULT

13.1 In addition to any other right a Party may have at law or in equity, if a Party defaults by failing to substantially perform any provision, term or condition of this Agreement (including, without limitation, failure to make a payment when due), the other Party may terminate this Agreement by providing written notice to the defaulting Party.

13.2 Such notice shall describe in sufficient detail the nature of the default.

13.3 The Party receiving such notice shall have seven (7) days from the effective date of the notice to cure the default. Unless waived by the Party giving notice, failure to cure the default within that period shall result in automatic termination of this Agreement.

§ 14. FORCE MAJEURE

14.1 If the performance of this Agreement or any obligation hereunder is prevented, restricted or hindered by causes beyond the reasonable control of a Party ("Force Majeure"), and the affected Party gives the other Party prompt written notice of such event, the obligations of the Party invoking this provision shall be suspended to the extent necessitated by such event.

14.2 Force Majeure includes, without limitation, acts of God, fire, explosion, vandalism, storm or other similar events, epidemics or pandemics and related public-health orders, orders or acts of military or civil authorities, national emergencies, insurrections, riots or wars, and strikes, lockouts or work stoppages.

14.3 The excused Party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed with due diligence to perform as soon as such causes are removed or cease.

14.4 An act or omission shall be deemed to be within the reasonable control of a Party if committed, omitted or caused by that Party or its employees, officers, agents or affiliates.

§ 15. ENTIRE AGREEMENT

15.1 This Agreement contains the entire agreement of the Parties, and there are no other promises, conditions, representations or warranties, oral or written, concerning the subject matter of this Agreement.

15.2 This Agreement supersedes any prior agreement or understanding, written or oral, between the Parties relating to its subject matter.

§ 16. AMENDMENTS

16.1 This Agreement may be modified or amended only by a writing signed by both Parties.

§ 17. ASSIGNMENT

17.1 Neither Party may assign or transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, such consent not to be unreasonably withheld.

§ 18. SEVERABILITY

18.1 If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue in full force and effect.

18.2 If a court of competent jurisdiction finds any provision to be invalid or unenforceable, but the provision would be valid and enforceable if limited, then such provision shall be deemed written, construed and enforced as so limited.

§ 19. WAIVER

19.1 The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party's right to subsequently enforce and require strict compliance with each provision of this Agreement.

§ 20. NOTICES

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla pariatur lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et.

§ 21. GOVERNING LAW AND DISPUTE RESOLUTION

21.1 This Agreement shall be governed by and construed in accordance with the laws of the Province of ________ and the laws of Canada applicable therein.

21.2 The Parties irrevocably attorn to the exclusive jurisdiction of the courts of the Province of ________ in respect of any dispute arising out of or in connection with this Agreement.

21.3 Prior to commencing any proceeding, the Parties shall make reasonable efforts to resolve any dispute through good-faith negotiation and, if unsuccessful, through mediation conducted at the following location: ________.

EXECUTION

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set out below.

CLIENT

_________________________________
________, Client

_________________
Date: ________

_________________________________
Witness: ________

SERVICE PROVIDER

_________________________________
________, Service Provider

_________________
Date: ________

_________________________________
Witness: ________