Window Cleaner Terms and Conditions (Consumer) - Form Pro · UK-law
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TERMS AND CONDITIONS FOR THE PROVISION OF WINDOW CLEANING SERVICES
________
ABOUT THESE TERMS AND CONDITIONS
ABOUT ME
I am ________, trading as ________, and I will be providing the Services under these terms and conditions. My VAT registration number (if applicable) is ________.
CONTACTING ME
If you have any questions or need to communicate with me about these terms and conditions, I can be contacted using the details below.
My trading address
________
Telephone
________
________
Trading hours
________
YOUR KEY RIGHTS AS A CONSUMER
You are purchasing window cleaning services from me. Where we have reached our agreement at your home or away from my business premises (an "off-premises contract", commonly known as a "doorstep agreement"), you have certain rights as a consumer. Set out below is a summary of your key statutory rights, which apply in addition to these terms and conditions.
The Consumer Rights Act 2015 provides, in relation to the standard of services, that:
(a). services must be carried out with reasonable care and skill;
(b). you can ask me to repeat or fix a service if it is not carried out with reasonable care and skill; and
(c). where a service is not carried out with reasonable care and skill and cannot be fixed, you can ask for an appropriate reduction in price (a refund of up to 100%).
The Consumer Rights Act 2015 also provides, in relation to price and timeframe, that:
(a). you must be asked to pay a reasonable price for services where a price has not been agreed in advance; and
(b). services must be carried out within a reasonable time where a time has not been agreed in advance.
This information is intended as a summary of your key rights and should be read in conjunction with the particular terms and conditions set out below. You can find more detailed information and advice about your consumer rights by contacting Citizens Advice (www.citizensadvice.org.uk; telephone 0808 223 1133).
KEY PRE-CONTRACT INFORMATION
Before you purchase the Services, I will provide you with the following information in a clear and comprehensible manner, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Some of this information is contained in this Agreement; where it is not, I will provide it to you separately. This information concerns:
(a). the main characteristics of the Services;
(b). my identity, my trading address and my contact details;
(c). the total price for the Services (including any taxes and additional charges);
(d). the arrangements for payment for the Services;
(e). the arrangements for carrying out the Services;
(f). the timeframes for performing the Services;
(g). details about how to complain about the Services; and
(h). how to cancel the Agreement, including your statutory cancellation rights.
TERMS AND CONDITIONS
(1). DEFINITIONS AND INTERPRETATION
(1.1). Agreement
When you purchase the Services from me, we enter into a contract (the "Agreement"). The Agreement incorporates and is subject to these terms and conditions, the Quotation and the Booking Confirmation.
(1.2). The First Party (I, me, my)
I (________) am the first party to this Agreement. References to "I", "me" or "my" mean the first party.
(1.3). The Second Party (you, your)
You are the second party to this Agreement. References to "you" or "your" mean any customer who is purchasing the Services in accordance with this Agreement.
(1.4). The Services
"The Services" means the window cleaning services provided by me in accordance with these terms and conditions (as further described in Section 2 below).
(1.5). Booking
A "Booking" means any booking confirmed in accordance with Section 3 below.
(1.6). Calendar Month
"Calendar Month" means each of the 12 calendar months of the year.
(1.7). Calendar Day
"Calendar Day" means any day of the week, including Saturday, Sunday and bank holidays.
(1.8). Any reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
(2). THE SERVICES
(2.1). The Services I will perform are the cleaning of the windows of your property, in accordance with your confirmed Booking as specified in your Booking Confirmation (or any subsequent amended Booking).
(2.2). I will clean general dirt from the windows of your property. The cleaning and removal of any residue requiring specialist treatment (for example adhesive, discolouration, plaster or paint) must be specifically discussed and agreed in advance, and may be subject to an additional charge.
(2.3). The Services will commence on the Start Day and will continue until the Agreement is cancelled or terminated by either party in accordance with the provisions of this Agreement.
(2.4). I am under a legal duty to provide the Services in conformity with this Agreement.
(2.5). I will perform the Services within any time period we have agreed or, where no specific time period has been agreed, within a reasonable time, in accordance with section 52 of the Consumer Rights Act 2015.
(2.6). I will perform the Services with reasonable care and skill in accordance with section 49 of the Consumer Rights Act 2015, taking reasonable care to ensure that your property does not suffer damage as a result of my performance of the Services.
(2.7). I will perform the Services to the standard which can reasonably be expected of a competent window cleaner.
(2.8). I will perform the Services in accordance with all applicable legal and regulatory standards, including applicable health and safety requirements.
(2.9). If you are not satisfied with the standard of the Services, you can contact me to discuss this using the contact details listed above.
(2.10). There may be occasions when, for reasons beyond my reasonable control, I cannot perform the Services. These include, but are not limited to, occasions where:
(a). my suppliers fail to supply essential equipment or materials in accordance with agreed time limits;
(b). the weather conditions would make it impossible or unsafe to perform the Services;
(c). health reasons would make it impossible or unsafe for me to perform the Services; or
(d). I cannot access your property, or it would be unsafe to access your property, in order to perform the Services.
(2.11). If I cannot perform the Services for reasons beyond my reasonable control, this shall not constitute a breach of my obligations under this Agreement. I will notify you as soon as reasonably practicable and will perform the Services as soon as I reasonably can.
(3). ORDERING THE SERVICES
(3.1). You will place an order for the Services by requesting that I perform the Services at your property, specifying the frequency you require the Services within a Calendar Month.
(3.2). Once you have placed an order, I will provide you with:
(3.2.1). a copy of these terms and conditions; and
(3.2.2). a completed Quotation Form specifying the monthly fee for the Services (the "Quotation").
(3.3). The Quotation will be calculated with reference to:
(3.3.1). the number of times each Calendar Month you require the Services;
(3.3.2). the number of windows at your property;
(3.3.3). the size of the windows at your property; and
(3.3.4). any particular features of the windows at your property which may reasonably affect the time it takes to perform the Services.
(3.4). If you choose to accept the Quotation, you will indicate your agreement by signing the Quotation Form. If your order is accepted, I will then provide you with confirmation of your Booking (the "Booking Confirmation").
(3.5). I may advise you that I cannot accept your order. This will typically be where I do not have the availability to perform the Services, or where I am unable to perform the Services at your property for safety reasons.
(3.6). The Agreement will commence as soon as I have provided the Booking Confirmation to you (the "Start Day").
(3.7). I may increase my fees for the Services from time to time. I will notify you of any such price increase by sending a Revised Quotation giving not less than 60 Calendar Days' notice prior to any future Booking, which will provide you with the opportunity to cancel the Agreement in accordance with Section 5 below should you not agree with the price increase.
(4). TERMS OF PAYMENT
(4.1). I will charge you for the Services on the basis of the Quotation provided (or any subsequent Revised Quotation).
(4.2). I will provide you with an invoice for the monthly fee for the Services at the conclusion of each Calendar Month, specifying the dates on which the Services were carried out for that Calendar Month.
(4.3). Payment must be made within 14 Calendar Days of your receipt of the invoice (the "Payment Date").
(4.4). I accept the following payment methods:
________
(4.5). If I have not received your payment by the Payment Date, I may charge interest on the overdue amount at the annual rate of 4% above the base rate of ________ from time to time, accruing daily from the Payment Date until payment is received in full, whether before or after judgment.
(4.6). If a payment becomes more than 7 Calendar Days overdue, I may suspend or cancel the Agreement and all future Bookings with immediate effect by written notice to you.
(5). CANCELLATION AND TERMINATION RIGHTS
Statutory Cooling-Off Period
(5.1). Where the payment to be made by you under these terms and conditions is more than £42, you have the right to cancel the Agreement within 14 Calendar Days of the Start Day without giving any reason, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
(5.2). This cancellation period will expire 14 Calendar Days from the Start Day (the "Cooling-Off Period").
(5.3). I will not provide any of the Services during any applicable Cooling-Off Period unless you expressly request that I do so. If you request that I perform the Services during the Cooling-Off Period, you will lose the right to cancel once the Services are fully performed, and you will be required to pay for the Services provided up to the point of cancellation.
(5.4). To exercise the right to cancel during any applicable Cooling-Off Period, you must inform me of your decision to cancel the Agreement by a clear statement (for example, a letter sent by post or an email). You may use the attached Cancellation Form, but you are not obliged to do so.
(5.5). To meet the cancellation deadline, it is sufficient for you to send your communication exercising the right to cancel before the applicable Cooling-Off Period has expired.
(5.6). If you cancel the Agreement during any applicable Cooling-Off Period, I will reimburse you for all payments received from you, subject to any deduction permitted under clause 5.3 for Services already provided at your request.
(5.7). I will make the reimbursement without undue delay and not later than 14 Calendar Days after the day on which you informed me of your decision to cancel.
(5.8). I will make the reimbursement using the same means of payment that you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
After the Cooling-Off Period
(5.9). If you wish to cancel or change an individual Booking after the Cooling-Off Period (or where no Cooling-Off Period applies), I ask that you do so not less than ________ prior to the day of your Booking.
(5.10). Either party may also terminate the whole of this Agreement (that is, all future Bookings) at any time by giving not less than ________ notice prior to the next scheduled Booking.
(5.11). If you cancel less than ________ prior to any Booking, you will still be required to pay for the Services for that Booking. I may, however, waive this requirement at my discretion if I am able to fill the slot with an alternative customer.
(5.12). Either party may terminate this Agreement immediately by written notice if the other party commits a material breach which (if capable of remedy) is not remedied within 14 Calendar Days of written notice requiring it to do so.
(6). YOUR OBLIGATIONS AND CONSENT
(6.1). In purchasing the Services, you consent to the nature of the Services as described in this Agreement and to all of the other terms and conditions.
(6.2). You must provide me with all accurate and relevant information about your property to ensure that I can perform the Services safely.
(6.3). You must provide me with all relevant information when you request the Services, including any requests for cleaning which may require specialist treatment.
(6.4). In entering into this Agreement, you consent to me accessing the external areas of your property in order to perform the Services.
(6.5). I may wish to use photographs and videos of the Services I have performed at your property for the purposes of promoting the Services on my website or social media channels. I will only do so where you have given your express consent. You may give or withhold consent below:
________
(7). LIABILITY
(7.1). I hold an appropriate public liability insurance policy, with cover of not less than £________.
(7.2). Save in circumstances where liability cannot be excluded or limited by law, I am not responsible for:
(7.2.1). loss or damage that was not foreseeable to you or me at the time the Agreement was entered into;
(7.2.2). loss or damage that was caused by a third party and not caused by any breach on my part; or
(7.2.3). any business losses, including any loss to a non-consumer.
(7.3). Subject to clauses 7.4 and 7.5, my total liability to you under or in connection with this Agreement (howsoever arising) shall not exceed £________.
(7.4). Nothing in this Agreement limits or excludes my liability for death or personal injury caused by my negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be limited or excluded.
(7.5). Nothing in this Agreement limits or excludes your statutory rights as a consumer, including those under the Consumer Rights Act 2015.
(8). DATA PROTECTION
(8.1). I will only use the personal information you provide to me to perform the Services, to process your payment for the Services and to communicate with you about your Bookings and this Agreement.
(8.2). I will process your personal information in accordance with all applicable data protection legislation, including the UK General Data Protection Regulation and the Data Protection Act 2018. I will not pass your personal information to any third party without your consent, unless I am required or permitted to do so by law. My data protection registration number with the Information Commissioner's Office (where applicable) is ________. Further information about how I handle your personal information is available on request.
(9). COMPLAINTS AND DISPUTE RESOLUTION
(9.1). If you have a complaint about the Services, please contact me using the contact details above. I will acknowledge your complaint promptly and seek to resolve it fairly and without undue delay.
(9.2). Nothing in this Section affects your right to bring legal proceedings or to refer your complaint to any applicable certified alternative dispute resolution provider.
(10). FORCE MAJEURE
I shall not be in breach of this Agreement, nor liable for any delay in performing or failure to perform any of my obligations, where such delay or failure results from events, circumstances or causes beyond my reasonable control.
(11). GENERAL
(11.1). This Agreement constitutes the entire agreement between the parties in relation to its subject matter and supersedes all previous arrangements between them relating to that subject matter.
(11.2). If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
(11.3). No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.
(12). THIRD-PARTY RIGHTS
No person other than a party to this Agreement shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement or to bring proceedings in relation to it.
(13). GOVERNING LAW AND JURISDICTION
This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
(14). SIGNATURES
(14.1). My signature
SIGNED:
______________________________
NAME: ________
DATE: ________
(14.2). Your signature
SIGNED:
_______________________________
YOUR NAME: ________
DATE: ________
QUOTATION FORM
________
________
Tel: ________
Email: ________
CUSTOMER NAME:
________
QUOTE REFERENCE:
________
DATE OF QUOTE:
________
QUOTE VALID UNTIL:
________
SUMMARY OF CUSTOMER REQUIREMENTS
| Type of requirement | Information provided by you |
| Type of property (flat/terrace etc.) | |
| Property address | |
| Number and size of windows | |
| Conservatory (Y/N) | |
| Other particular property features and requirements | |
| Frequency required |
Quotation
| Description | Quantity (bookings per month) | Price per booking | Total monthly fee |
| Window cleaning services (as per the above requirements and my terms and conditions). |
YOUR SIGNATURE
SIGNED:
_________________________________
NAME: ________
DATE: ________
CANCELLATION FORM
Complete and return this form only if you wish to withdraw from the Agreement.
TO: ________
ADDRESS: ________
EMAIL: ________
I hereby give notice that I cancel my contract for the supply of the window cleaning services which I ordered on ________ (REQUEST DATE) and which you agreed to supply on ________ (START DATE).
MY NAME:
________
MY ADDRESS:
________
SIGNATURE (if sent on paper):
_____________________________
DATE:
________
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