DRAFT CONTRACT

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 [                       ] 2017

Between

[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, 51 Cotton Fields, Worsley, M28 3UA  (known hereinafter as the Cleaner) of the other part.

Background

  1. 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”).
  2. The Cleaner has skills and abilities which may from time to time be available to the Client (“the Services”).
  3. 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.
  4. 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

  1. 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.
  2. The Cleaner shall act in a professional workmanlike way at all times while carrying out the Services for the Client.
  3. 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.

  1. 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.
  2. 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.
  3. 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.
  4. 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

  1. 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.
  2. The Cleaner is obliged to raise an invoice for the Services.
  3. All payment must be made electronically.
  4. 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.
  5. The Cleaner is responsible for all his travelling expenses to and from any location where he has been engaged to provide the Services.
  6. The Cleaner is responsible for his own Tax and National Insurance contributions.
  7. 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.
  8. The Cleaner will not be entitled to receive payment for Services cancelled.

 

Health and Safety

  1. In the interests of Health and Safety the Cleaner agrees to comply with all applicable rules relating to site security and safety.
  2. 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.
  3. 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

  1. 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

  1. 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

  1. 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.

  1. 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

  1. 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.
  2. Both parties agree this is intended to be a legally binding contract governing the nature of the contractual relationship between them.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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 [                       ] 2017

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.

Background

  1. The Company is in business as a provider of domestic cleaning services. The Company tenders for and is appointed by the Client to provide cleaning services at a certain location (“the Assignment”).
  2. The Company’s personnel have skills and abilities which may from time to time be available to the Client (“the Services”).
  3. The Company and the Client agree that if the Company offers to make its services available to the Client and is engaged by the Client, the terms and conditions in this Contract for Services shall apply.
  4. It is the intention of the parties that when the Company 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

  1. The Client is not obliged to offer any work to the Company, neither is the Company obliged to accept any work offered.  The Company is not obliged to make its 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.
  2. How the Company fulfills its contractual obligations is a matter for the Company.
  3. The Company shall act in a professional workmanlike way at all times while carrying out the Services for the Client.
  4. The Client shall not control nor have any right of control over how the Company is to perform its services.  However, the Company undertakes to that it will devote such time, attention, skill and ability as the agreed Services require.
  5. The Company will use its own initiative in how the Services are to be provided.
  6. The nature of the Services necessitates that the Services are provided at the location and times required by the Client.  However the Company is free to use its own initiative as how best to complete the Services.
  1. The Company will ensure that Services are only provided where the provision of Services will not breach Health and Safety regulations/legislation.
  1. The Company 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 Company in priority to any third party.
  2. The Company is responsible for providing any equipment, tools and personal protective clothing and safety equipment required. The parties agree that the Client may provide any specialist cleaning materials or equipment they wish the Company to use.
  3. The Company accepts that it is responsible for the Services, and that it is responsible for covering its own risk with a suitable policy of insurance.
  4. The Company is responsible for all expenses incurred by its personnel travelling to the location at which the Services are provided with the exception of any parking fees incurred at that location these may be charged to the Client.

Payment for the Services

  1. Formal written tenders will not be required. The parties agree that the price 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.
  2. The Company is obliged to raise an invoice for the Services.
  3. All payment must be made electronically via the designated payment portal.  Cash payments will not be accepted.
  4. Any defective work the Client reasonably determines has been caused by the Company’s personnel, or by any substitute or hired assistant working for the Company, will be corrected by the Company at its own cost or in his own time.
  5. The Company as an independent business is responsible for its own Tax and National Insurance contributions.
  6. As an independent business, the Company agrees that they are 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.
  7. The Company will not be entitled to receive payment for Services cancelled.

Health and Safety

  1. In the interests of Health and Safety the Company agrees to comply with all applicable rules relating to site security and safety.
  2. The Company acknowledges that it is necessary for security reasons for the Company’s personnel to be identifiable and that on first providing services to the Client they will provide evidence of their identity to the Client on request.

Substitutes and Hired Assistants

  1. The Company may utilise any suitably qualified directors, employees or self-employed persons and may substitute the same in order to perform the Services at its own discretion and may also use the services of employees or self-employed persons in an administrative capacity. Such persons will be answerable solely to the Company and the Client shall have no contractual, financial or legal relationship with the hired assistance. Payments to the above persons will be the sole responsibility of the Company.
  2. 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 Company agrees to bear all costs of any handover period, so there are no additional payments from the agreed terms

Termination of this Agreement

  1. This Agreement can be terminated by either party for any reason with immediate effect provided written confirmation is provided to the other party.
  1. Where the Client does not require the service for a period of time (for example due to holidays) this Agreement is not automatically terminated.
  2. 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

  1. Within 7 days of the signing of this Contract for Services, the Company will supply the Client with a copy of its relevant certificate of Incorporation and VAT registration (if applicable) together with relevant bank details.
  2. Both parties acknowledge that they that they have had the opportunity to discuss this agreement with any person or professional adviser they considers necessary before signing.
  3. Both parties agree this is intended to be a legally binding contract governing the nature of the contractual relationship between them.
  4. 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.
  5. Both parties agree that Firstly Limited will act as the Company’s agent in respect of introducing the Company 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.
  6. 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.
  7. 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.
  8. This contract is governed by the laws of England and Wales.

 

The Client: insert name and address

 

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

 

The Company: insert name

 

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

Related posts

Cleaning Specifications

 JOB / TASK ONE OFF SPRING CLEANS occupied properties MOVE IN/OUT DEEP CLEANS vacated properties  ...

Comments are currently closed.

Top