Terms & Conditions
By: Fenix Cleaning Ltd
By placing an order (via phone, email or website) the client has a verbal or written agreement and is bound to Fenix Cleaning Ltd Terms and conditions. Please read these Terms and Conditions carefully, as they set out our and your legal rights and obligations in relation to our services.
Definitions and interpretation
"Client" means the person or the organisation that uses the services provided by Fenix Cleaning Ltd.
"Services" means all cleaning services provided to the Client
"Services Agreement" means the agreement made between the Client and Fenix Cleaning Ltd in respect to the services to be provided, bound by the terms and conditions as agreed by both parties
“Term/ Contractual Term" means the period of time which the Client and Fenix Cleaning Ltd is legally bound, in respect for providing the services as agreed on the Services Agreement "Consumables" means the cleaning consumables made available by the Client (unless otherwise agreed) to Fenix Cleaning Ltd for the purpose of providing the services
"Equipment" means the cleaning equipment used by Fenix Cleaning Ltd in the course of providing the Services or the cleaning equipment made available by the Client to Fenix Cleaning Ltd for the purpose of providing the Services
"Charges" means all moneys payable to Fenix Cleaning Ltd by the Client in respect to the services provided by Fenix Cleaning Ltd, including all expenses incurred by the Client to Fenix Cleaning Ltd
"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
1. Services Commercial Cleaning & Office Cleaning Regular services
1.1 Fenix Cleaning Ltd will supply the Services to the Client in accordance with the terms of the Services Agreement as agreed by both parties.
1.2 Unless otherwise expressly agreed in writing, the Services Agreement shall run for an initial 12 months from the commencement of the work, and thereafter shall continue from year to year until informed by either party giving to the other not less than 3 clear months notice in writing to expire upon an anniversary of the commencement of the work.
1.3 The Client agrees to sign and return the Agreement and Direct Debit forms to Regular Cleaning prior to the first cleaning visit. The agreement and Direct Debit form will be send via email to the Client and he/she can sign it electronically with any android/ IOS device/desktop or laptop.
1.4 FENIX Cleaning LTD reserves the right to suspend cleaning services if agreed payments (monthly or weekly) are missing or if paper work is not completed and returned to FENIX Cleaning Ltd prior to the first cleaning visit.
1.5 The Client agrees to pay the payments (monthly or weekly) via Direct Debit instruction.
1.6 The time for delivery of the Services will not be of the essence of the parties' agreement.
1.7 Fenix Cleaning Ltd may subcontract the provision of the Services; providing that if Fenix Cleaning Ltd does subcontract the provision of the Services, Fenix Cleaning Ltd will remain liable to the Client for the performance of the sub-contracted obligations.
1.8 Fenix Cleaning Ltd may suspend the provision of the Services if the Client fails to pay by the due date any amount due to Fenix Cleaning Ltd in respect of the Services Agreement.
1.9 In the event that Fenix Cleaning Ltd would not be able to supply the Services due to personnel illness or personnel shortage:
(a) Fenix Cleaning Ltd will use reasonable endeavours to engage alternative personnel to supply the Services; and (b) subject to the compliance of Fenix Cleaning Ltd with Clause 1.6(a), Fenix Cleaning Ltd will not be in breach of the terms of the Services Agreement by virtue of any failure to supply the Services arising out of such inability.
1.10 Fenix Cleaning Ltd will ensure that all personnel involved in the provision of the Services at the Premises have:
(a) been interviewed by Fenix Cleaning Ltd; (b) supplied proof of identity and satisfactory references to Fenix Cleaning Ltd; and (c) been vetted, and properly trained in the provision of the Services and the use of the Equipment and Consumables.
1.11 Services will not be provided on Christmas Day, Boxing Day or New Year's Day.
1.12 Changing of appointments for the cleaning services should be communicated directly to Fenix Cleaning Ltd at all times, and not via the cleaning team.
1.13 Client may cancel a Scheduled Service visit by giving Fenix Cleaning Ltd at least 48 hours written notice of cancellation, for free of charge. As a yearly contract has been designed specifically to fit the Client’s budget and requirements, no refunds/ discounts are provided for the cancelled Scheduled Service Visit. However, the Client is able to reschedule services at no extra cost, at a mutually convenient time to both parties, provided that the Client cancels a Scheduled Service Visit in accordance with this Clause.
1.14 If the Client cancels a Scheduled Service Visit with less than 48 hours prior to the scheduled appointment, the Client will not be entitled to a reschedule service visit.
1.15 Fenix Cleaning Ltd aspires to work towards a fixed timing schedule. By doing so, the Client must agree to allow an hour of flexibility for operatives to arrive, depending on the circumstances (traffic or weather conditions).
2. Specialist Cleaning Services Carpet Cleaning
2.1 All Carpet Cleaning are subject to a minimum of £ 50.00 call out charge.
2.2 Carpet cleaning is charged per square metre; taking into account the type of carpet fibres and its construction. Fenix Cleaning Ltd will conduct an Assessment Visit to determine the accurate quote for the work to be undertaken. Assessment includes area measurement, fibre tests, colour tests, instillation / construction tests and a reconnaissance of the onsite facilities and accessibility. Details of this Assessment are discussed with the Client on site, and a copy of the Assessment / quote is provided to the Client on the same day.
2.3 If the Client’s premises are above the second floor of a building with no lift, additional charge of £10.00 will be applied.
2.4 The Client should appreciate that carpets often will not have a consistent appearance after cleaning due to differences in wear and tear. Sunlight will sometimes cause fading in some areas of the carpet and cleaning cannot rectify this. Stains are not always visible before dirt is removed and it may not be possible to remove these stains completely.
2.5 Fenix Cleaning Ltd will ensure to provide the services to the highest standards. However, the Client understands the limitations stated above, which are common to all cleaning operations.
2.6 If there is a pet in the premises that slows down the cleaning process, an additional charge may apply.
2.7 If water extraction is required due to flooding, a 30% extra charge will be added to the Client’s invoice, unless a different agreement has been made.
2.8 We charged per seated area; taking into account the fabric types, soiling and the anticipated cleaning time. Assessment will be undertaken on site and prices will be provided on the same day.
2.9 Leather Cleaning is charged per seated area taking into account leather types, soiling and the anticipated cleaning time. Consultations will be undertaken on site and prices provided.
2.10 Leather Repair and restoration is priced on anticipated repair times and materials required. Fenix Cleaning Ltd has no set charges for services in this area as prices vary considerably depending upon furniture construction, accessibility and the Client’s requirements. All repairs and restoration projects are subject to a free consultation and a full assessment of the repair is required to provide an accurate quote.
Hard Floor Cleaning
2.11 The charged per square metre; taking in to account the type of floor covering. Fenix Cleaning Ltd will conduct an Assessment to determine the exact price of the work to be undertaken.
2.12 Fenix Cleaning Ltd can provide for up to 5 storeys high, at a £ 50.00 minimum call out charge. Considering the cleaning regularity, it may affect the cost of the service - if the windows are cleaned more regularly, they are easier to maintain.
2.13 Client understands that conservatories with limited/ obscured access, mud/moss/green algae on the conservatory roof will require extra care and time, and hence will be subjected to an additional charge.
2.14 Fenix Cleaning Team will endeavour to clean all windows, unless any of the windows deem to be inaccessible or unsafe to clean. Where any part of the Client’s property is inaccessible, due to land locked gardens and certain locked access or entrance gates, Fenix Cleaning Team will only clean the accessible areas. This may be subjected to an additional charge due to additional time and care required.
End of Tenancy cleaning/Moving in/ Moving out cleaning
2.15 Our services are provided in a range of 4 exclusive packages: Bronze, Silver, Gold and Platinum - Client may choose the relevant package to suit their budget and requirements. Client understands that the prices may vary according to the size of the property and the job specifics. After the FREE assessment visit, Client will be submitted with a quotation form, detailing the services included in the package which is chosen by the Client.
2.16 The ‘Pricing Quotation’ provided excludes the cleaning of debris created by tradesmen or building work unless otherwise stated.
2.17 Client understands that the services such as: Cleaning of curtains, walls/ceilings, luxury/ high sized chandelier, balcony, patio, garden, garage, exterior of the property and changing of light bulbs can be provided upon request, at an additional cost.
2.18 If the Client has a fridge/ freezer in the property, these must be emptied/turned off/defrosted prior to the arrival of cleaning operatives, in order to clean them.
2.19 If the Client has scheduled an inventory check, then it must be scheduled to commence as soon as the service has been completed.
2.20 Spring Cleaning and Deep Cleaning do not include cleaning of walls, ceilings, curtains, balcony/ patio/garden, washing up, laundry, oven cleaning, interior fridge cleaning, professional carpet/upholstery cleaning and internal/external window cleaning.
3.1 All payments should be made to Fenix Cleaning Ltd after completion of the service, unless a special arrangement has been agreed in writing, by both parties. For Clients on monthly basis payment agreement, invoices will be provided 15days before the payment due date.
3.2 All costs are subject to VAT. All service costs quoted by Fenix Cleaning Ltd includes all relevant charges and will be the total amount due to pay by the Client.
3.3 Where the Client needs services for more hours than scheduled in the Services Agreement, the Client can choose to do so by giving Fenix Cleaning Ltd a minimum 24hours notice. Any additional hours will be charged to the following invoice.
3.4 Client must refrain from paying directly to a cleaner, and Client’s payments should be made directly to Fenix Cleaning Ltd, at all times.
3.5 Payments can be made by cash, credit/debit card (by phone/ in person, via chip and pin transaction), standing order to FENIX CLEANING LIMITED, Barclays Bank Sort code: 20-45-45; Account number 53851184 or cheque payable to Fenix Cleaning Ltd, Sabichi House, 05 Wadsworth Road, Perivale, Middlesex, UB6 7JD,on completion of the service. Payments made with debit/credit card are subjected to 3.4% surcharge. All monthly invoiced clients shall pay by Direct Debit to Fenix Cleaning Ltd.
3.6 If paying by cheque, guarantee card is required and the Client will be responsible for all bank and legal charges resulting from a dishonoured cheque. If a cheque has been sent via post and not been received by Fenix Cleaning Ltd, within a maximum of 5 business days after the payment due date, an additional charge for `late payment’ will apply. Client understands that Fenix Cleaning Ltd will not bear any responsibility for undelivered cheques.
3.7 Fenix Cleaning Ltd shall render invoices to the Client as set out in the Services Agreement. Any late payments on invoice value up to £ 300.00 will be subjected to a £ 20.00 late payment fee, and invoice value over £ 300.00 will be charged a late payment fee of 8% of the invoice amount.
3.8 Fenix Cleaning Ltd reserves the right to charge interest at the rate permitted by the Late Payment of Commercial Debts (Interest) Act 1998 on any overdue payment. If the payment of any invoice shall be overdue in 7 days, Fenix Cleaning Ltd may (without prejudice to any other remedy it may have against the Client) suspend or terminate service under the contract until all monies and interest on them have been paid in full and the Client’s other obligations have been fully complied with.
3.9 If the payment is not made at least 14 business days after the payment due date, Client’s account will be passed on to a debt collections agency, after which an additional 15% charge will apply to the invoice amount after the late payment fee. Client agrees as part of the contract, to pay this sum which represents our costs in collecting the unpaid amounts.
3.10 In case of pursuing payments, which the Client refuses to pay for the services provided, Fenix Cleaning Ltd will request payment for the expenses in collecting the initial payment, as well as fees to 3rd parties involved in the collection process, in order to guarantee the payment for the cleaning team.
3.11 All payments must be made in Sterling Pound (GBP).
3.12 Fenix Cleaning Ltd reserves the right to review the pricing structure without any prior notice. All existing clients will be given 30 days written notice of any price changes. Not applicable for Clients on annual contracts.
3.13 Fenix Cleaning Ltd will:
(a) ensure that the personnel providing the Services follow the Service Schedule as agreed on the contract
(b) retain Service Schedules during the Term of the Services Agreement and for a period of 12
months following the end of the Term; and
(c) supply such records to the Client within 10 Business Days following receipt of a written request to do so.
3.14 Fenix Cleaning Ltd reserves the right to terminate the contract forthwith without payment if the Client goes into liquidation, makes any voluntary arrangements with its creditors, becomes subject to an administration order, ceases or threatens to cease to carry on business or if the Client fails to pay sums due to Fenix Cleaning Ltd, in accordance with these Terms and Conditions. Where the Client is a Limited Company or PLC, the Directors of the Client guarantee (if more than one jointly) that any Payments due to Fenix Cleaning Ltd are not only a liability of the Client, but also of the Directors themselves personally who shall be liable to Fenix Cleaning Ltd for the same & in addition to the liability of the Client.
4. Client’s obligations
4.1 Client is responsible in providing prompt and unrestricted access to the site as required for the provision of the services, giving any special instructions if required on unavoidable restrictions.
4.2 Client understands that the Client’s premises must be maintained in good order for the supply of the Services, and in accordance Health & Safety Act 1974 and any statutory amendment thereof. Client is responsible for providing Fenix Cleaning Team access to a hot water supply, a mains electricity supply and a waste water supply.
4.3 Client shall be responsible for securing or removing all fragile and breakable items before the service visit commence.
4.4 Client shall supply all the necessary cleaning materials and equipment to Fenix Cleaning Team to carry out the duties, unless otherwise agreed by both parties in the Services Agreement.
4.5 All equipment provided by the Client, should be safe, in good working order, and suitable for use in connection with the services.
4.6 Fenix Cleaning Ltd may provide a List of Cleaning Materials to the Client upon request and from which, the Client may request Fenix Cleaning Ltd to supply the cleaning materials required, at an additional cost which will be charged to the Client’s invoice.
4.7 Client agrees to inspect the work immediately after it is completed and to draw to the attention of the cleaning team, if any further reasonably required work is to be carried out. If the Client is not completely satisfied with the service provided, the cleaning team shall re-perform any tasks as necessary to Client’s satisfaction, provided that any such complain is made within 24hours of completion of service and has reasonable grounds.
4.8 Client agrees that no complaint can be made towards Fenix Cleaning Ltd, if there are insufficient or lack of cleaning materials, where the Client is responsible for proving the cleaning materials to perform the services.
4.9 Client is responsible for triggering any alarm systems and providing any special instructions to Fenix Cleaning Ltd for deactivation/ activation of any security alarm systems.
4.10 Client understands that failure to provide access to the property on the service visit will result in Client being liable for the full applicable fee for that visit even if the services aren’t provided. This will be in force even if the keys are provided, but require special effort or skills to open the lock of the property.
4.11 Client agrees to pay £20.00 charge, in the case an operative of the Fenix Cleaning Ltd needs to collect keys from a third party’s address outside the postal code or sub postcode section of the premises, where the work is to be carried out.
4.12 Client understands that any charges, such as Central London congestion charges and parking charges, will be added to the client’s invoice unless a different agreement has been made.
4.13 Client is responsible for the accurate and punctual payments on all invoices.
4.14 Client understands that Fenix Cleaning Ltd reserves the right to not continue with the service if;
a) on inspection, it is found that material to clean or treat is not suitable for cleaning or treatment.
b) hot water or electricity supply is unavailable for the purpose of the services
c) interference in the work is caused by the Client or a 3rd party
d) the condition of the property is hazardous to the health and safety of the Cleaning Operatives of Fenix Cleaning Ltd.
4.15 Client is responsible for ensuring the health and safety of the operatives of Fenix Cleaning Ltd, whilst they are at the Client’s premises.
4.16 Client must inform Fenix Cleaning Ltd of all health and safety rules and regulations and any reasonable security requirements that apply at the Client’s premises.
4.17 In order to facilitate cleaning and to prevent papers and documents being mislaid, the Client shall, so far as possible, clear all desks and ledges prior to the commencement of services; as well as the space in front of all windows and other glass to be cleaned.
4.18 Client shall under no circumstances request the cleaning operatives to clean any cracked or broken glass/ windows which are or appear to be unsafe or dangerous or to do anything which might expose them to unusual or unreasonable risk or injury. The customer shall be liable for any injury or damage caused by its failure to comply with this condition.
4.19 Client shall maintain reasonable insurance cover (including reasonable Public Liability Insurance) for the operatives of Fenix Cleaning Ltd, whilst they are working at the Client’s premises.
4.20 Client will indemnify Fenix Cleaning Ltd and will keep Fenix Cleaning Ltd indemnified against any and all losses, costs, expenses, damages and liabilities (including legal expenses and amounts paid in settlement of legal claims or proceedings) arising directly or indirectly out of any breach of the ‘Services Agreement’.
4.21 Client will provide to, or procure for, Fenix Cleaning Ltd any:
(a) information and documentation; (b) third party co-operation; and (c) governmental, legal or regulatory licences, consents or permits, reasonably necessary to enable Fenix Cleaning Ltd to discharge its obligations under the Services Agreement.
4.22 Client agrees and accepts that poor service, breakage/ damage or theft must be reported within 24hours from the completion of the service, by contacting Fenix Cleaning Ltd on 020 8799 7442 / 08001712920 during business hours or via text messages to 079 3110 1347, 24/7. Alternatively, complaints can be made in writing or via email (with photos of evidence attached) to firstname.lastname@example.org, within 24hours from the service date.
4.23 Client understands that failure to comply with the clause 4.22 will result in annulment of any related claims.
5. Obligations of Fenix Cleaning Ltd
5.1 Fenix Cleaning Ltd shall carry out all its services with reasonable care and skill, in accordance with Supply of Goods and Services Act 1982.
5.2 Client understands that Fenix Cleaning Ltd operates under a No Refunds policy. This does not affect the Client’s statutory rights.
5.3 If the Client is not satisfied with the cleaning service provided and a complaint has been placed within the stated 24 hours after completion of the service Fenix Cleaning Ltd reserves the right to return the Fenix Cleaning Team and re-clean any areas and item/s to Client’s satisfaction. Therefore, the Client agrees to allow the Fenix Cleaning Team to return and the Client should be present at all times during the re-cleaning visit.
5.4 Fenix Cleaning Ltd reserves the right to not return the Fenix Cleaning Team for more than once, to re-perform any tasks.
5.5 Fenix Cleaning Ltd may collect data from its Clients, in the form of Name, Address, Telephone Numbers, Email Address and further job specific details to build up a description of the Client’s cleaning requirements. Any Personal Data provided by the Client to Fenix Cleaning Ltd, will not be passed to any other third party and will be protected by the Data Protection Act 1998.
5.6 Fenix Cleaning Ltd shall use reasonable measures to secure any keys (or other access mechanisms) provided, by the Client to Fenix Cleaning Ltd, for the purpose of enabling access to the premises in order to carry out the services. Fenix Cleaning Ltd will provide the Client with a Key/s Acknowledgement Receipt with all relevant details, upon the receipt of the Key/s.
5.7 All equipment provided by the Client will only be used by Fenix Cleaning Ltd for the purpose of providing the services.
5.8 Fenix Cleaning Ltd will not be liable for any delay to or cancellation of the services caused by circumstances beyond its control (including but not limited to fire, flood, strike, and exceptional traffic circumstances, lack of adequate power or breakage or failure of machinery or apparatus). In such cases, Fenix Cleaning Ltd shall take best endeavours to arrange a re-visit at a mutually convenient time.
Where Fenix Cleaning Ltd is unable to perform its duties and attend a cleaning visit, its’ liability shall be limited to providing the agreed service at no additional charge at a mutually convenient alternative time.
5.9 Fenix Cleaning Ltd reserves the right to refuse to share any of the company’s confidential documents.
6.1 During the provision of the services, Fenix Cleaning Ltd shall maintain a Public Liability Insurance cover up to £ 5,000,000 and Employer’s Liability Insurance cover up to £ 10,000,000. The policy will cover any accidental damages caused by an operative working on behalf of Fenix Cleaning Ltd, provided that it is reported within 24hours of service date.
6.2 Insurance cover does not include anything that may break down or stop working at any time, and any other items that may be faulty or defective, which the Client is aware of, that the Client has fixed or not in good working order.
6.3 No claims will be considered if the contracting fees have not been paid by the Client in accordance with the terms and conditions of this Agreement.
6.4 The insurance policy will cover any damage to property if and to the extent that the damage is of a value in excess of £100.00. For damages below this amount will be processed by Fenix Cleaning Ltd and paid directly to the Client.
6.5 Client understands that ‘wear or discoloration’ of fabric/ carpet becoming more visible once dirt has been removed is not a subject to an insurance claim.
7. Limitations & Liabilities
7.1 Nothing in these Terms and Conditions will:
(i) Limit or exclude the liability of a party for death or personal injury resulting from negligence (ii) Limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party (iii) Limit or exclude any liability of a party in any way that is not permitted under applicable law
7.2 Fenix Cleaning Ltd shall not bear any responsibility for being locked-out and causing its cleaning operatives being turned away; no one at the premises to let them in; no water or electricity available at Client’s premises; or if there is a problem with the Client’s keys. The keys provided (where applicable) must open the lock/s without any extra effort.
7.3 Key replacement/locksmith fees are paid only if the keys are lost by our operatives, in which case the replacement is covered by per property liability limit up to £1,000.
7.4 If the Client reports any accidental damage/s to any of the Client’s item/s, within 24hours of completion of service, pertaining strong evidence that indicates the damage has been caused by one of the cleaning operatives at Fenix Cleaning Ltd, it shall take best measures to repair/ replace the damaged item/s or compensate with cleaning services which equates to the value of the item/s. If any items are excessively valuable, Fenix Cleaning Ltd shall rectify the problem through its insurance company by compensating the Client for the item/s, if proven that Fenix Cleaning Ltd is liable, upon investigation.
7.5 All fragile and highly breakable items must be secured or removed by the Client. Items excluded from liability are: cash, jewellery, items of sentimental value, art and antiques.
7.6 Fenix Cleaning Ltd shall not be responsible for items which are left on top/next to waste bins, if they are taken away as rubbish.
7.7 Unattended items near/ around rubbish disposal units: Fenix Cleaning Ltd shall not be responsible for any claims arising from items which are left on top/next to waste bins, if they are taken away as rubbish.
7.8 Premises without rubbish disposal units: where the client do not have rubbish bins/ commercial wheelie bin area in their commercial premises, Fenix Cleaning Ltd shall not be responsible for clearance of rubbish and any local authority fees that may arise from incorrect disposal of rubbish.
7.9 Rubbish left unattended on public streets: Fenix Cleaning Ltd shall not be responsible for any rubbish left unattended on public streets, where the client has requested to dispose rubbish on the streets due to not having any private rubbish disposal unit/s at the client’s premises. Fenix Cleaning Ltd shall not be liable for any local authority fees that may arise due to unattended rubbish on the public streets, as requested by the client.
7.10 Overload rubbish bins: if there is no space to dispose rubbish due to client rubbish bins/ commercial wheelie bin area being overloaded, Fenix Cleaning Ltd shall not be liable for any claims arising or local authority fees incurred as a result of such event.
7.11 Extra rubbish disposal requirements: if the amount of rubbish produced during the contract term increases in an excessive amount that requires more time and work, then the original contract will be revised to cater to new rubbish disposal requirements. In one-off occasions where the client will have excessive amount of rubbish to dispose, then an applicable charge will be added to client’s invoice for the extra work required.
7.12 Fenix Cleaning Ltd will not be liable to the Client for any losses arising due to a Force Majeure Event.
7.13 Fenix Cleaning Ltd will not be liable to the Client in respect to any loss of business, business interruptions, loss of contracts and loss of profits/income/revenue or commercial opportunities.
7.14 Fenix Cleaning Ltd will not be liable to the Client in respect of any special, indirect or consequential loss or damage.
7.15 Whilst every care will be taken by its employees, Fenix Cleaning Ltd shall not be liable for any costs incurred for accidental errors in setting or un-setting alarm systems.
7.16 Fenix Cleaning Ltd shall not be liable for;
a) any existing damage to Client’s property in the form of old stains/ burns/ spillages etc. which cannot completely removed/cleaned by the cleaning team using industry standard cleaning methods.
b) non satisfactory results from the service due to the Client or third party walking on the carpets/ floors during or shortly after the cleaning process.
c) the shrinkage of carpets as a result of poor fitting.
d) carpets expanding or ripples forming during and/or after the cleaning, when this is caused as a result of factors such as fibre content, wear and tear, weak backing and/or poor fitting.
e) For poor result in cleaning, where this is a result of considerable wear and tear and/or staining to the carpet fibres prior to the service being carried out.
f) any damage caused as a result of the Client placing furniture on a carpet which has not completely dried.
7.17 Fenix Cleaning Ltd shall not be liable for any odours arising during and /or after cleaning when this is due to factors such as, lack of ventilation, and/ or appropriate heating.
7.18 Fenix Cleaning Ltd shall not be liable for any false or misleading information provided by any of the cleaning operatives.
8. Booking Cancellation
8.1 Client agrees to pay the full price of the service if the Client cancels or changes the date/time less than 24 hours prior to the scheduled appointment.
8.2 48 hours notice is required if the Client should either decide to cancel or re-schedule a one –off cleaning appointment.
8.3 Client agrees to pay 40% of the quote as a cancellation fee if the Client cancels or changes the date/time less than 48 hours prior to the scheduled appointment.
8.4 All costs related to one-off cleaning projects services such as: Commercial End of Tenancy Cleaning, Post Construction, Construction Cleaning, Commercial Kitchen Cleaning or any type of Commercial Deep cleaning Service that require to reserve, hire or buy equipment, cleaning products, pay any local authority fees related to the work, parking permit and congestion charge will be added on top of the 40% client invoice fee. Client may cancel scheduled one-off services up to 5 working days prior to the agreed start time for free of charge, only if FENIX Cleaning Ltd didn’t incur any expenses as described above on clause 8.4 as a result of the booking. To meet the cancellation deadline, Client shall communicate to FENIX Cleaning Ltd concerning client’s exercise of the right to cancel before the cancellation period has expired.
8.5 This does not apply for emergency services which are booked to start within less than 5 working days and the Client will be charged the full invoice amount for cancellation of any emergency service.
8.6 In the event of a same day cancellation notice, the Client agrees to pay 100% of the quote as a cancellation fee, in order to recover the costs due to the interruptions caused to the company’s schedule.
8.7 Where an initial deposit has been paid to Fenix Cleaning Ltd, the Client understands that Fenix Cleaning Ltd reserves the right to use such deposit funds to cover any expenditure due to disruption to company client schedule and admin costs.
9.1 Either party may terminate the Services Agreement by giving not less than 3 months written notice to the other party, prior to the end of the 12 months contract.
9.2 Either party may terminate the Services Agreement immediately by giving writt
en notice to the other party if the other party:
(a) commits any material breach of any provision of these Terms and Conditions or the relevant clause/s, and:
(i) the breach is not remediable; or (ii) the breach is remediable, but the other party fails to remedy the breach within 30 days of receipt of a written notice requiring it to do so; or (b) persistently breaches these Terms and Conditions and/or the relevant clause/s.
9.3 Either party may terminate the Services Agreement immediately by giving written notice to the other party if:
(a) the other party: (i) is dissolved; (ii) ceases to conduct all (or substantially all) of its business; (iii) is or becomes unable to pay its debts as they fall due; (iv) is or becomes insolvent or is declared insolvent; or (v) convenes a meeting, or makes or proposes to make any arrangement or composition, with its creditors; (b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party; (c) an order is made for the winding up of the other party, or the other party passes are solution for its winding up (other than for the purpose of a solvent company reorganisation, where the resulting entity will assume all the obligations of the other party under the Services Agreement); or (d) (where that other party is an individual) that other party dies, or as a result of illness or incapacity becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition or order
9.4 Fenix Cleaning Ltd may terminate the Services Agreement immediately at any time by giving written notice to the Customer if the Customer fails to pay in full and on time any amount due to Fenix Cleaning Ltd, whether due in respect of that Services Agreement.
9.5 Client shall provide notice of termination,3 months prior to the expiration of the contract, to Fenix Cleaning Ltd either via email to:email@example.com or letter to: Fenix Cleaning Limited, Sabichi House, 05 Wadsworth Road, Perivale, Middlesex, UB6 7JD.Should the Client decides to terminate the 12 months Fixed Term Contract, before the 12months period expires, the Client shall be liable to pay Fenix Cleaning Ltd ,the full annual contract cost as administrative fee for disrupting completion of the company’s schedule.
10. Effects of termination
10.1 Within 14 days of the termination of the Service Agreement, the Client will [make available for collection by / deliver to] Fenix Cleaning Ltd, all [Equipment and Consumables] in the possession or control of the Client at the date of termination.]
10.2 Where Fenix Cleaning Ltd has required to obtain particular item/s of equipment for the provision of the services specifically to the Client, and if the Client is in breach of the Services Agreement or terminates the Services Agreement before the contractual term, then Fenix Cleaning Ltd shall be entitled to recover from the Client a fair proportion (according to the length of the Service Agreement) of the costs of acquisition less (if applicable) the second-hand market value of such equipment in addition to any other damages claimable.
10.3 Termination of the Service Agreement will not affect either party's accrued liabilities or rights (including accrued rights to be paid) as at the date of termination.
10.4 By entering into a Service Agreement with Fenix Cleaning Ltd, the Client agrees that after the termination of the cleaning service, he/she will not hire or use any services provided by a present or past cleaning operative introduced to the Client by Fenix Cleaning Ltd.
10.5 Client will not, without the prior written consent of Fenix Cleaning Ltd, either during the term of the Service Agreement or within 12 months after the date of effective termination of the most recent service, engage, employ or otherwise solicit for employment any employee or contractor of Fenix Cleaning Ltd who has been involved in the performance of the services.
10.6 Fenix Cleaning Ltd invests in training all its operatives and educating them with industry methods and techniques required for professional cleaning services and standards. Should the Client
wishes to hire or use services provided by an operative, then he/she agrees to pay a referral fee of £5,000.00, in order to compensate for the cost administered by Fenix Cleaning Ltd.
12. Indemnity 12.1 You agree to indemnify and hold Fenix Cleaning Ltd harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Fenix Cleaning Ltd by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Fenix Cleaning Ltd in consequence of your breach of these Terms and Conditions.
13. Closing Terms
13.1 Fenix Cleaning Ltd shall provide to the Client a copy of Terms and Conditions with the Services Agreement, and make available on the website for Client’s reference. It is the Client’s responsibility to obtain and to have read and understood the T&C’s of Fenix Cleaning Ltd.
13.2 No breach of any term of the Services Agreement will be waived except with the express written consent of the party not in breach.
13.3 No delay or failure on the part of Fenix Cleaning Ltd to exercise or enforce any rights or remedies pursuant to the terms of this Agreement shall constitute a waiver of such rights or operate to prejudice the exercise of any such rights at any time thereafter.
13.4 In the case the Client moves to a new premises, Fenix Cleaning Ltd shall continue to provide services at the old premises and the new tenant will take over the payments or services shall continue at the new premises.
13.5 If any new governmental tax charge is imposed on Fenix Cleaning Ltd or other imposition taken place during the currency of this Services Agreement, Fenix Cleaning Ltd shall give notice to the Client who shall be bound to pay a fair proportion of such costs to Fenix Cleaning Ltd, by way of increase in the price.
13.6 If any term of the Services Agreement is determined by any court or other competent authority
to be unlawful and/or unenforceable, the other terms of the Services Agreement will continue in effect. If any unlawful and/or unenforceable term would be lawful or enforceable, if part of it were deleted, that part will be deemed to be deleted, and the rest of the term will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant term will be deemed to be deleted).
13.7 Entering into a Services Agreement will not constitute a partnership, agency relationship or contract of employment between the parties.
13.8 Neither of these Terms and Conditions nor any part of the Services Agreement may be varied except by a written document signed by or on behalf of each of the parties.
13.9 Fenix Cleaning Ltd may freely assign its rights and obligations under the Services Agreement to any third party. Save as expressly provided in this Clause or elsewhere in these Terms and Conditions, neither party may, without the prior written consent of the other party, assign, transfer, charge, license or otherwise dispose of or deal in any rights or obligations under the Services Agreement.
13.10 Each Services Agreement is entered into for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement relating to the Services Agreement is not subject to the consent of any third party.
13.11 Either party may release or compromise the liability of the other under this agreement or grant time or other indulgence without affecting that party’s liability.
13.12 Client may not without the prior written consent of Fenix Cleaning Ltd, assign or dispose of the Services Agreement, part with any interest in it or delegate any of the rights conferred by it.
13.13 Subject to Clause [7.1]:
(a) the Services Agreement between both parties will constitute these terms and conditions as part of the agreement in relation to the provision of the services, and will supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter; and
(b) neither party will have any remedy in respect of any misrepresentation (whether written or oral) made to it upon which it relied in entering into a Services Agreement.
13.14 If the Client is in breach of the terms of the Services Agreement, then it shall on a full indemnity basis hold harmless and compensate Fenix Cleaning Ltd for all costs resulting there from including (without limitation) its reasonable and proper legal costs of seeking to remedy the said breach.
13.15 Any notice required or allowed under this Services Agreement shall be deemed properly given, if mailed postage paid by 1st Class Post to the Client at its usual invoice address.
13.16 Client is responsible for notifying any changes to Client’s details given to Fenix Cleaning Ltd for the purpose of providing the services.
13.17 These terms and conditions shall be governed by the relevant United Kingdom law; and by agreeing to be bound by them, the Client agrees to submit to the exclusive jurisdiction of the relevant courts of the United Kingdom, to adjudicate any dispute arising under or in connection with the Services Agreement.
Fenix Cleaning Ltd reserve the right to make any amendments to any part of these Terms & Conditions without giving prior notice to the client and it is the responsibility of the client to check regularly for any such updates on our website.