TAG Services London Terms & Conditions
Any contract (whether written, oral or implied) for the supply of cleaning services (the “Services”) between TAG Services London (LTD), its servants, employees, agents or sub-contractors (the “Contractor”) and the person, firm or company who purchases Services from the Contractor under any such contract (the “Customer”) shall be subject to the following terms and conditions (the “Conditions”) which shall prevail over any terms which may appear on or be attached to or enclosed with the Customer’s enquiry, purchase order specification or other documents received by the Contractor from the Customer or which may be implied by law or trade, custom, practice or a course of dealing between the parties, all of which are expressly excluded.
All work is carried out by the Contractor on the understanding that the Customer is bound by these Conditions, [the estimate/quotation sent to the Customer by the Contractor (the “Estimate Quotation”) and the Customer Instruction (defined below)]. No offer placed by the Customer shall be accepted by the Contractor other than by a written acknowledgement issued and executed by the Contractor when a contract for the supply and purchase of the Services on these Conditions will be established (the “Contract”) or the Services are performed by the Contractor whichever is the sooner.
Contacting the Contractor
Head Office Address:
TAG Services London (Ltd), 29 Holland Street, Kensington, London, W8 4NA
Tel: 0203 105 3477
Email: office@tagsl.co.uk
Office Hours: Monday to Friday 8.30am to 5.30pm.
Customer’s Obligations
The Customer shall provide free of charge:
All necessary light, hot water, and other facilities as distinct from materials, which the Contractor may require to carry out the Services; and suitable secure on site storage for all equipment and materials that are required by the contractor to deliver the service.
The Customer shall be responsible to the Contractor for the accuracy of the terms of any Customer Instruction (as defined below) submitted by the Customer and for giving the Contractor the necessary information relating to the Services within a sufficient time to enable the Contractor to carry out the Services in accordance with its terms. The Customer shall ensure that its premises are safe for the Contractor to carry out the work and shall identify, monitor, remove and dispose of any hazardous materials from the Premises. The Contractor shall be given full access to the Customer’s premises to enable the Contractor to undertake the work. If the Contractor cannot obtain access to the Customer’s premises due to some act or omission of the Customer then any extra costs incurred by the Contractor due to the failure to grant access will be invoiced to and payable by the Customer immediately upon receipt of the invoice.
Any order placed with the Company or acceptance of any Estimate/Quotation by any Customer by way of a telephoned, faxed or emailed instruction (“Customer Instruction”) shall be deemed to be acceptance of these Conditions in full. Estimates/Quotations are given by the Contractor on the basis that no Contract shall come into existence except in accordance with these Conditions.
Special instructions for invoicing must be given to the Contractor in advance, otherwise invoices will be submitted after each cleaning visit or on a monthly basis. The Customer shall pay sums due for invoices without any deduction within any credit terms as agreed in writing by the parties, and shall not set off liability to a third party, even if acting as an agent for a third party. If credit terms have not been agreed, payment will be due on the date of the invoice delivered to the Customer.
For Contracts whose terms include bank holidays in the United Kingdom as specified by the Contractor to the Customer these will not be covered as part of the ongoing Contracts unless prior arrangements have been made with the Contractor. If cleaning is required on any of the 8 UK Bank Holidays then our ‘Unsocial Hours Rates’ will Apply. If a client temporarily closes down its office over periods such as Christmas or Easter or for any other reason and does not inform the Contractor and receive a written acknowledgement from the Contractor, no reductions or amendments to the invoice value will be made and full charges as quoted will apply and will be payable in accordance with the Contract.
The Customer shall not during the period of its Contract or for a period of six months after the termination of the Contract (however terminated) either on its own account or on behalf of or as representative of any other person or company solicit or accept the whole or part-time services of or entice away any subcontractor or employee (whether supervisory or cleaning) of the Contractor.
In the event that the Customer’s acceptance of the Contract does constitute a relevant transfer within the terms of the Transfer of Undertakings (Protection of Employment) Regulations 1981, the Customer agrees and undertakes to fully indemnify the Contractor against all accrued redundancy costs relating to those employees working on the Customer’s site and transferring to the Contractor.
Conflict of Interest
In the event that a Customer requests the Contractor to attend a development where TAG Services London is not the sole cleaning contractor on the same site, The Customer accepts that clear instructions will be given to avoid any conflict of interest over which contractor is responsible for which areas. TAG Services London (Ltd) (The Contractor) will not accept any responsibility for the quality of the cleaning where TAG Services London have not been the sole cleaning contractor on site.
Contractor’s Obligations
The Contractor shall use reasonable endeavours to provide the Services to the Customer, in accordance in all material respects with the Customer’s Instruction.
The Contractor shall use reasonable endeavours to meet any performance dates specified in the Customer’s Instruction, but any such dates shall be estimates only and the time taken to provide the services will depend entirely on the condition and access of the service areas on the day of each attendance.
The Contractor shall use reasonable endeavours to observe all health and safety rules and regulations, and any other reasonable security requirements that apply at the Customer’s premises and that have been communicated to it by the Customer. The contractor will not be responsible or liable for any breaches of health and safety and security that have not been properly and adequately communicated to the contractor.
In cases where the Contractor is unable to return items belonging to the Customer at no fault of its own on the date agreed with the Customer, the said items will be kept in storage by the Contractor at an extra cost to the Customer in accordance with the Contractor’s usual storage costs. If after six months of the original attempted delivery date the items are still kept in storage by the Contractor, the ownership of the items will be surrendered by the Customer to the Contractor who shall be free to deal with them as it deems fit.
Limitation of Liability
The Contractor shall not be liable for any loss or damage suffered by the Customer or any other party arising out of the Contractor’s failure to provide or delay in providing the Services as a result of any acts, events, omissions or accidents beyond the Contractor’s control which without prejudice to the generality of the foregoing shall include but is not limited to any trade dispute, strike or lock out, default of suppliers or sub-contractors, breakdown of machinery, war, civil commotion, riots, malicious damage, military action, failure of a utility service or transport network, acts of God, fire, flood, storm, insurrection or acts of a Governmental or military agency.
If the Contractor’s performance of its obligations under the Contract is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, the Contractor shall not be liable for any costs, charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay.
The Contractor reserves the right, in its sole discretion, to make good any damage for which it may be liable under the Contract in lieu of paying compensation.
Complaints Procedure
Any complaint as to the quality of the work, conduct or non-attendance of the Contractor shall be made in writing as soon as possible and in any event within 7 days following completion of the Services which are the subject of the complaint. Upon receipt of any such complaint the Contractor will take all reasonable steps to investigate and rectify the matter.
It shall be assumed that if no written complaint is received by the Contractor within the time period referred to its obligations have been performed to the satisfaction of the Customer.
Payment Obligations
The Customer shall pay to the Contractor all sums immediately when due without reduction or deferment on account of any claim, counterclaim or set-off. TAG Services London (Ltd) are a labour only service where invoicing takes place following the services received and are exempt from retention deductions by the customer. Where retentions are taken in error, they must be refunded within 7 days by the Customer upon notification of the Contractor.
The Customer shall be liable to pay to the Contractor, on demand, all reasonable costs, charges or losses sustained or incurred by the Contractor (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the Customer’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under the Contract. In consideration of the provision of the Services by the Contractor, the Customer shall pay the charges as set out in the invoice or as agreed otherwise in writing between the Customer and the Contractor.
The Contractor shall be entitled to cancel or suspend any Contract without penalty in the event of the Customer exceeding any stated credit terms or any delay in payment by the Customer on the due date.
Additional Charges
Additional charges will apply for all extra equipment, services and products required that were not included or instructed at the time of the original estimate/quotation. This can include but is not limited to: supply of scaffolding, mechanical buffing and scrubbing, ironing and press and dress services, dry cleaning and laundering services, delivery of equipment and out of service area travelling costs, specifically requested cleaning products and or equipment, (including, specialist glue and tape residue removal products,) toilet blocks, air fresheners, supply of living colognes, room scents, linen sprays, flowers and fresh fruit display replenishments, key cutting and collections/deliveries and any courier expenses incurred.
Amendments or additions to the Customer Instruction will result in the invoice total being different from the Estimate/Quotation.
Unsocial Hours Charges:
Unless stated otherwise prior to issue of Estimate/Quotation the normal working hours for all TAG Services London operatives are Monday to Saturday 8am till 4pm. Unsocial hours rates will apply for any operatives required to work after 6pm Monday to Saturday, All day on Sundays and all day on the UK Bank Holidays.
Rate Increases
The Contractor reserves the right to increase prices (“Rates Increase”) The Contractor shall give the Customer no less than 30 days’ notice of any Rates Increase. In the event that the Contractor advises the Customer of a Rates Increase then the Customer may terminate the Contract by giving the Contractor one calendar months’ notice, such notice is to be given within 14 days of being notified of the Rates Increase. Upon receipt of such notice the Contractor may, in its sole discretion, either offer to continue to supply services to the Customer at a price to be agreed with the Customer or confirm immediate termination of the Contract.
Interest
Without prejudice to any other rights or remedies available to the Contractor, if the Customer fails to pay to the Contractor any amount on the due date, the Contractor reserves the right to charge the Customer interest (both before and after judgment) at the rate of 4% percent above base rate of the Bank of England accruing on a daily basis and being compounded each month on any overdue amount together with all legal costs and other third party expenses and charges incurred in recovering any overdue payments and/or to cancel any contract with the Customer and/or to suspend the provision of Services.
Termination
All sums payable to the Contractor under the Contract shall become due immediately on its termination, despite any other provision. This condition is without prejudice to any right to claim for interest under the law, or any such right under the Contract.
The Customer may only terminate the Contract at any time or at the end of a Contract period by giving one calendar months’ written notice. If the full period of notice is not given, the Customer shall be liable to pay for the Services for the full period of notice whether or not the Services are required during that period.
Upon termination of the Contract for whatever reason the Customer:
shall deliver up to the Contractor all of the Contractor’s equipment stored on the Customer’s premises and shall have no lien nor attempt to exercise any lien over it. If the Customer fails to do so, then the Contractor may enter the Customer’s premises and take possession of them. Until they have been returned or repossessed, the Customer shall be solely responsible for their safe keeping; and
shall immediately pay to the Contractor all of the Contractor’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Contractor may submit an invoice, which shall be payable immediately on receipt.
Without prejudice to any other right or remedy available to the Contractor, the Contractor shall be entitled to terminate the Contract or suspend the performance of any further Services immediately without any liability to the Customer if:
the Customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or
the Customer ceases, or threatens to cease, to carry on business; or
the Contractor reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly,
and if Services have been provided or products delivered but not paid for the outstanding amount shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
Insurance
The Contractor undertakes to be insured in respect of Employers Liability to such an extent as would be reasonable in all the circumstances.
Variation of Terms and Conditions
Any variation in these Conditions is only valid if made by letter from the Contractor signed by an appropriate individual who has the relevant authority to bind the Contractor.
Dispute
Any dispute which arises between the Contractor and the Customer and which is not capable of informal resolution by the parties may be referred to arbitration and that arbitration shall be conducted in accordance with the Arbitration Act 1996.
Term
The Services supplied under the Contract shall continue to be supplied for the period specified in the Customer Instruction and, after that, shall continue to be supplied unless the Contract is terminated by one of the parties in accordance with these Conditions.
Data Protection
The Customer acknowledges and agrees that details of the Customer’s name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of the Contractor in connection with the Services.
Governing Law
The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract or its subject matter or formation (including non-contractual disputes or claims).
Further Assurance
Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
If any legislation is compulsorily applicable to the Services provided by the Contractor these conditions shall be read as subject to such legislation and nothing in these Conditions shall be construed as a surrender by the Contractor of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation.
Contractor’s Rights
The Contractor shall be entitled to sub-contract any or all of its services as it shall deem fit. The Customer shall not be entitled to assign any contract without the prior written consent of the Contractor and such consent is not to be unreasonably withheld. The Contractor may assign or transfer any Contract without the Customer’s prior written consent.
Third Party Rights
A person (a “third party”) who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. This does not affect any right or remedy of such third party which exists or is available apart from that Act.
Severance
If any provision of these Conditions shall be unlawful, void, or for any reason unenforceable, then that provision or part-provision is and shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
If any part of these Conditions conflict or are inconsistent or incompatible with any terms of the Customer Instruction, then these Conditions shall take precedence unless otherwise agreed in writing by the Contractor.
Waiver of Rights
No delay or omission of either party in exercising any right under a Contract shall be construed as a waiver of that right. Any default or right under a Contract it is only effective if it is in writing signed by the party waiving the right and shall only apply to the circumstances for which it is given if that shall not act as a waiver of any other default or right whether or not similar or contemporaneous or on a future occasion.
Notice period Cancellation/Re-schedule of Planned Cleaning Dates.
The Customer shall provide at least 48 hour’s notice of intention to cancel or re-schedule an individual cleaning date. If less than 48 hour’s notice is received by the Contractor all costs plus VAT for the arranged services will remain chargeable. Re-scheduling can be arranged where availability of operatives allows. The Customer shall notify the Contractor by contacting the Contractor’s office team on: 0203 105 3477 or emailing : office@tagsl.co.uk . The Customer must notify the contractor within office hours only (Monday to Friday between 8.30am and 5.30pm). If the Customer notifies the Contractor by email the email must be sent within office hours and receive a confirmation of cancellation response form the Contractor. If the Customer does not receive a confirmation of cancellation email from the Contractor the Customer can assume that their email has not been received by the Contractor and the arranged services will remain chargeable.
Termination of Services
Any notice or other communication required to be given under the Terms shall be in writing and shall be delivered personally, or sent by pre-paid recorded delivery, email or fax or by commercial courier to the other party and for the urgent attention of the party’s last known contact, or as otherwise specified by the relevant party by notice in writing to the other party. All written notice correspondence shall be received by formal written letter delivered by via recorded post or courier and an accompanying email to ensure receipt, If the Contractor does not acknowledge receipt of the notification within 24 working hours then the customer has by matter of urgency an obligation to ensure the notice has been received and will be expected to contact the Contractor by telephone or attend in person.
General Wear and Tear and Depreciation of Existing Household Furniture and Items
Please be aware that TAG Services London cleaning operatives cannot be held responsible for the general wear and tear of items and appliances and that any item within the Customers property that is worn, broken, not properly maintained, very old or not secured in position and in full working order will be the responsibility of the owner of the property /item (The Customer) and not the cleaning operative who has been instructed to clean it.
All Customers instructing the services of TAG Services London are expected to provide the details of any such items and the Customer acknowledges full responsibility for their condition and any further damage, wear and tear or depreciation caused as a result of cleaning.
Examples of Common Wear and Tear on Typical Household Items.
This is not an exhaustive list but intended to demonstrate examples of common wear and tear to pre-existing household items prior to a Customer receiving regular maintenance or housekeeping service in an occupied residence/office/site .
Pop up plugs in sinks and bath tubs:
Depending on the quality of the fittings, their age and amount of use will determine how often the seals or pop-up mechanisms need replacing due to general wear and tear.
Shower screen doors and runners:
Shower screen doors must be properly secured on their runners and hinges, no responsibility will be taken for shower screens that are not in full working order prior to them being cleaned.
Door and window locks:
All locks on the doors and windows are required to be in full working order, this is to ensure that cleaning operatives can safely exit a building in an emergency. Keys required for locks to fire exits doors and windows must be provided.
Wooden floors:
Hard wood floors or engineered wood flooring have particular manufactures guidelines for the specified cleaning instructions, these can vary but the Customer should be aware that these types of flooring should not be cleaned regularly with water or wet mops. If the Customer personally requests for their wooden floors to be wet cleaned and with products that contradict the manufactures guidelines then the Customer must take full responsibility for any lifting, cupping, gapping or bubbling of the wood caused by the use of water or specified requested use of products on these surfaces.
Alternative use for cleaning products:
If the Customer requests a specified cleaning product or solution that is not suitable for the surface requested or is in direct contradiction of the manufactures guidelines then the Customer accepts full responsibility for any potential harmful outcome.
Broken floor and Wall Tiles:
We the Contractor are able to clean most surfaces, even those in poor conditions but the Customer is reminded that the cleaning of broken and cracked tiles can worsen the existing damage, for which the Customer accepts full responsibility.
Broken Windows and Mirrors:
Our Operatives will not clean broken windows and mirrors, the Customer is required to notify the Contractor of breaks or any fine hairline cracks to any glass at their property.
Ceramic / glass hobs:
It is very common for glass and ceramic hobs over long periods of time to become scratched, chipped or cracked throughout their operating use as they bear great weight and extremes of temperatures. Our operatives are trained to examine these types of hobs prior to cleaning them each visit and we will decline cleaning responsibility of them should a chip or crack be identified.
Fridge doors and magnets:
We do not except any responsibility for any marks or scratches on any fridge doors that have magnets and stickers placed on them. Removing magnets to clean the surface beneath will in most cases leave behind some trace or scratch. In these circumstances we will decline the cleaning responsibility of this surface.
Washing paintwork:
If you have requested for paintwork to be washed or cleaned and it is not vinyl paint you must be aware that swathe marks or water marks can be left behind and in some cases the paint can wash off or wear thin.