DRAFT CONTRACT

01/04/2017| admin | Uncategorized

The following contracts are made available for the use of Registered Users:

CONTRACT TYPE A

Self-Employed Contract for Services

This Contract for Services is made on the [ ] day of [ ] 2022/2023

Between

1 [Include Client name and address] (known hereinafter as the Client) of the one part,

and

2 [Insert name of cleaner]

whose correspondence address is care of Firstly Limited, 9 Bishops Close, Poulton-le-Fylde, FY6 7GF (known hereinafter as the Cleaner) of the other part.

Background

The Cleaner’s business is in the provision of domestic cleaning services. The Cleaner tenders for and is appointed by the Client to provide cleaning services at a certain location (“the Assignment”).
The Cleaner has skills and abilities which may from time to time be available to the Client (“the Services”).
The Cleaner and the Client agree that if the Cleaner offers to make his services available to the Client and is engaged by the Client, the terms and conditions in this Contract for Services shall apply.
It is the intention of the parties that when the Cleaner provides the Services to the Client for an Assignment, such provision of Services shall constitute a separate and distinctive engagement under this Contract for Services. Unless varied or amended or otherwise agreed between the parties under clause 28, these terms and conditions shall apply for each engagement.

Operative Provisions

The Client is not obliged to offer any work to the Cleaner, neither is the Cleaner obliged to accept any work offered. The Cleaner is not obliged to make his Services available at any time. Specifically both parties agree that they do not intend to create or imply any mutuality of obligations at any time, either during or in between any individual engagement.
The Cleaner shall act in a professional workmanlike way at all times while carrying out the Services for the Client.
The nature of the Services necessitates that the Services are provided at the location and times required by the Client. However the Cleaner is free to use his own initiative as how best to complete the Services.

The Cleaner will ensure that Services are only provided where the provision of Services will not breach Health and Safety regulations/legislation.

The Cleaner is free to provide any services to any other party at the same time as being engaged by the Client and the Client acknowledges that it will not have first call on the services of the Cleaner in priority to any third party.
The Cleaner is responsible for providing his own equipment, tools and personal protective clothing and safety equipment. The parties agree that the Client may provide any specialist cleaning materials or equipment they wish the Cleaner to use.
The Cleaner accepts that he is responsible for the Services, and that he is responsible for covering his own risk with a suitable policy of insurance.
The Cleaner is responsible for all expenses incurred in travelling to the location at which the Services are provided with the exception of any parking fees are incurred at that location these may be charged to the Client

Payment for the Services

Formal written tenders will not be required. The parties agree that the [*price/day rate/hourly rate] for the Services and the method of payment will be negotiated and agreed between them from time to time and this shall include verbal agreements of the rate of payment for the Services.
The Cleaner is obliged to raise an invoice for the Services.
All payment must be made electronically.
Any defective work the Client reasonably determines has been caused by the Cleaner, or by any substitute or hired assistant working for the Cleaner, will be corrected by the Cleaner at his own cost or in his own time.
The Cleaner is responsible for all his travelling expenses to and from any location where he has been engaged to provide the Services.
The Cleaner is responsible for his own Tax and National Insurance contributions.
As an independent business, the Cleaner agrees that it is not entitled to holiday pay, sick pay or any other payment for periods when the Services are not provided to the Client in any circumstances.
The Cleaner will not be entitled to receive payment for Services cancelled.

Health and Safety

In the interests of Health and Safety the Cleaner agrees to comply with all applicable rules relating to site security and safety.
The Cleaner acknowledges that it is necessary for security reasons for the Cleaner to be identifiable whether evidenced by security passes or on parts of clothing.
The Cleaner will not represent himself as a servant or employee of the Client at any time, but as an independent Cleaner in business on his own account engaged by the Client for the specific purpose of providing the Services.

Substitutes and Hired Assistants

The Cleaner has the right to send a substitute or hired assistant to perform the Services. The substitute or hired assistant may be rejected by the Client only if in the reasonable opinion of the Client such substitute or hired assistant does not possess the necessary skills, qualifications or experience to carry out the Services.

Where a substitute or hired assistant meeting the above conditions cannot be found, the Client has the right to terminate the agreement immediately or suspend the Services until a substitute can be found. The Cleaner agrees to bear all costs of any handover period, so there are no additional payments from the agreed terms

Where a substitute or hired assistant is sent by the Cleaner there shall be no contractual or financial relationship between the Client and the substitute or hired assistant. The Cleaner is solely responsible for the actions of the substitute or hired assistant and for arranging payments to the substitute or hired assistant.

Termination of this Agreement

This Agreement can be terminated by either party for any reason with immediate effect provided written confirmation is provided to the other party.

Where the Client does not require the service for a period of time (for example due to holidays) this Agreement is not automatically terminated.

In line with The Cancellation of Contracts Made in a Consumer’s Home or Place of Work Regulations 2008 the Client has the right to terminate this Agreement within the 7 days ‘cooling off period’. Notice should be provided of the same in writing. Where Services are provided within the cooling off period, this would not affect the Client’s right to cancel, but payment will be due for any Services provided.

Miscellaneous

The Cleaner confirms that he has read and understood the terms and conditions herein and has had the opportunity to discuss this agreement with any person or professional adviser he considers necessary before signing.
Both parties agree this is intended to be a legally binding contract governing the nature of the contractual relationship between them.
Both parties agree that, with the exception of verbal agreements referred to above, these terms and conditions represent the whole agreement between them. No variations may be made to these terms unless agreed in writing by both parties.
The Cleaner agrees to opt out of the limit on working time (“the 48 hour week”) specified in The Working Time Regulations 1998 and that signature of this agreement shall constitute consent pursuant to regulation 5.1 of the regulations for the duration of this Agreement.
Both parties agree that Firstly Limited will act as the Cleaner’s agent in respect of introducing the Cleaner to the Client, making bookings, raising invoices and processing payments for the Services. Firstly Limited will have no other contractual relationship with the Client in respect of the Services.
Should the Client fail to enforce or apply any of the rights that it has under this Contract for Services, it shall not be construed that the Client approves or agrees to any breach of contract or that it loses its rights to enforce the terms of this Contract for Services in full at any time now or in the future.
The Headings used in the Contract for Services are for ease of reference only and are not intended to be interpreted as part of the terms agreed between the parties. References to the masculine include the feminine.
This contract is governed by the laws of England and Wales.

The Client: insert name and address

Signed: …………………………………………… Dated: ……………………..

The Cleaner: insert name

Signed: ……………………………………………. Dated: ………………………

CONTRACT TYPE B

Limited Company Contract for Services

This Contract for Services is made on the [ ] day of [ ] 2022/2023

Between

1 [Include Client name and address]

(known hereinafter as the Client) of the one part,

and

2 [Insert name of Limited Company]

whose Registered Office is situated at [Registered Office address]

Company registration number [Insert registration number]

(known hereinafter as the Company) of the other part.