STANDARD TERMS & CONDITIONS (Service Agreement)
An agreement dated 1st January 2020 between:
- New Horizon Cleaning Ltd. The Foundation, 52b Station Approach, West Byfleet, Surrey, KT14 6NE.
- Company Name and address
On receiving the signed “Service Agreement” a binding contract shall be effected on the terms and conditions herein. These Terms and Conditions shall apply and shall prevail over any other terms of the Contract.
1. SPECIFICATION CRITERIA
(a) New Horizon Cleaning Ltd. has helped THE CUSTOMER to develop a working pattern (Staffing Structure) for New Horizon Cleaning Ltd.’s staff to fit around THE CUSTOMER’s existing working schedule (Quotation Ref: NHCL/MB/???).
2. EXTENT OF THE SERVICES
New Horizon Cleaning Ltd. is an expert in providing cleaning services in the exact way prescribed by THE CUSTOMER & THE CUSTOMER is an expert in the process for which it uses the premises and determining whether the premises are sufficiently clean for that purpose. The responsibility to decide whether the Service will be sufficient for THE CUSTOMER’s purpose will at all times remain with THE CUSTOMER.
3. STANDARD OF WORK
(a) The standard of work will be judged by regular Inspection, and results of THE CUSTOMER’s internal visual auditing.
4. THE SERVICE
New Horizon Cleaning Ltd. will provide the cleaning Service as requested by THE CUSTOMER as described in Quotation Ref: NHCL/MB/??? (“the Service”) to the standard set out in clause 5. New Horizon will supply & pay for all other cleaning materials, equipment and chemicals required to carry out the cleaning service.
5. QUALITY OF SERVICE.
(a) The Service will be provided to a good and workmanlike standard by staff who have been trained in industrial cleaning procedures using cleaning chemicals as supplied by THE CUSTOMER or similar products
(b) In cleaning any surface New Horizon Cleaning Ltd.’s objective shall be to get the surface visually clean (i.e. to remove all soil, debris and contaminants, other than permanent stains such that with further reasonable application of the specified cleaning materials it is not possible to make the surface visually cleaner. If, on inspection by THE CUSTOMER, THE CUSTOMER can show that New Horizon Cleaning Ltd. have failed to meet the said objective then New Horizon Cleaning Ltd.’s responsibility shall be to use its reasonable endeavours to reclean the relevant surface as soon as is reasonably practicable.
(c) New Horizon Cleaning Ltd. shall ensure that all persons employed by New Horizon Cleaning Ltd. are efficient, sober, honest and will not employ for the purposes of this agreement any person to whose employment reasonable objection is taken by or on behalf of THE CUSTOMER.
(d) New Horizon Cleaning Ltd. shall ensure that all statutory provisions and requirements affecting the work to be carried out under this agreement or the conduct of New Horizon Cleaning Ltd.’s employees or agents while on or in the vicinity of the premises shall be complied with.
(e) New Horizon Cleaning Ltd. shall not at any time assume or be deemed to have assumed possession of any premises or any part of the premises belonging to THE CUSTOMER
(f) New Horizon Cleaning Ltd. is certified in accordance with the requirements of ISO 9001 -2015 and will provide documentary evidence of its certification. In carrying out the Service New Horizon Cleaning Ltd. will conform to these standards and will also be carrying out random checks to ensure conformity.
(g) New Horizon Cleaning Ltd. will liase with THE CUSTOMER to establish and maintain regular meetings between the two parties and such other interested parties as THE CUSTOMER may from time to time require. This will enable THE CUSTOMER to instruct New Horizon Cleaning Ltd. to amend the Service in the light of any future changes in THE CUSTOMER’s requirements. Any changes must be agreed by both parties in writing.
(h) New Horizon Cleaning Ltd. undertakes to give all reasonable assistance and co-operation to the appointed agents of THE CUSTOMER who from time to time may be required to asses independently the quality of Service provided.
(i) New Horizon Cleaning Ltd. undertakes to carry out any corrective actions that may be reasonably required by THE CUSTOMER in relation to the Service given, providing that such action is in the reasonable control of New Horizon Cleaning Ltd.
(j) Where work is required to be carried out in an agreed window of time New Horizon Cleaning Ltd. will provide staff within that time scale and THE CUSTOMER will provide all reasonable assistance to enable New Horizon Cleaning Ltd. to carry out the work in the time set.
(k) New Horizon Cleaning Ltd. undertakes to provide regularly, all their cleaning operatives with suitable and sufficient clean personal protective equipment.
(l) New Horizon Cleaning Ltd. will ensure that cleaning materials, chemicals and equipment whilst not in use are only kept within the designated cleaning cupboards/locations.
(m) New Horizon Cleaning Ltd. will ensure that any sightings of pests by its employees whilst on THE CUSTOMER’s premises are immediately reported to THE CUSTOMER.
(n) New Horizon Cleaning Ltd. will comply with all employment requirements, social security and taxation requirements in respect of the persons performing the services.
The contract is for an initial term of 3 years (36 months) from 1st January 2020 and is terminable by either party upon not less than ninety days (90) written notice to expire at the end of the initial term or at any time thereafter.
7. THE FEE
The fee to carry out the Service as set out in Quotation Ref: NHCL/MB/??? is £………..per month and shall remain fixed until each Government Minimum wage review. The fee will increase at every Minimum Wage Review in line with the Minimum wage % increase (Usually around 5% per annum). All fees are subject to VAT.
8. PAYMENT TERMS
New Horizon Cleaning Ltd. will submit a valid VAT invoice for one twelfth of the annual fee on the 1st day of each calendar month in which the work is being carried out. THE CUSTOMER shall pay the monthly fee and any other amounts payable by it under the Contract within 30 days after the date of such invoice. THE CUSTOMER shall make no deduction or retention of any kind from the sum due under any invoice.
9. THE CUSTOMER’S OBLIGATIONS.
THE CUSTOMER is responsible under the Factories Act and other relevant legislation to ensure that provided New Horizon Cleaning Ltd. complies fully with the service and that the environment in which it runs its business is sufficiently clean for that purpose.
(a) New Horizon Cleaning Ltd. have taken out and will maintain in force various insurance policies, copies of which have been provided to THE CUSTOMER. Should THE CUSTOMER wish to make a monetary claim against New Horizon Cleaning Ltd. then New Horizon Cleaning Ltd.’s liability is agreed to be limited to the monies New Horizon Cleaning Ltd. are able to recover under the insurance policies which New Horizon Cleaning Ltd. hold from time to time. This does not exclude or restrict New Horizon Cleaning Ltd.’s liability for death or personal injury resulting from New Horizon Cleaning Ltd.’s negligence.
- Should THE CUSTOMER wish to extend the limit of the amounts which THE CUSTOMER could recover from New Horizon Cleaning Ltd. New Horizon Cleaning Ltd. would extend the insurance cover at an additional cost.
11. ADDITIONAL WORK
From time to time THE CUSTOMER will require additional work to be carried out by New Horizon Cleaning Ltd. sometimes at short notice. It shall be New Horizon Cleaning Ltd.’s responsibility as the preferred site supplier of cleaning services to carry out this work at a fair and reasonable price based upon the agreed hourly rate, currently £………. per hour.
12. COST BREAKDOWN
Weekly Summary :
|% of Charge|
|Employers National Insurance||£||%|
|Employers Pension Contribution||£||%|
|Head Office Contribution||£||%|
13. AGREEMENT CONFIRMATION
In Witness where of The Customer (the Customer) and New Horizon Cleaning Ltd. (the Contractor) have caused this agreement to be duly signed, in duplicated original by their duly authorised representatives this day, 1st January 2020.
|On behalf of The Customer|
|On behalf of New Horizon Cleaning Ltd.|
14. TERMS AND CONDITIONS
These Terms and Conditions shall apply and shall prevail over any other terms of the Contract.