A. RECITALS
1. Complete Clean Management Ltd (hereinafter called ‘CCM’) is a wholly independent
associate of Complete Clean Management Limited and maintains a commercial and
industrial cleaning service continuously.
2. The company, or business, the name of which is inserted in Section 1 on the first page
of this agreement (hereinafter called ‘the Customer’) desires CCM to supply such
cleaning services at its premises or stated premises in Section 2 of the first page of
this agreement (hereof ‘Property to be Serviced’) B.
B. PROVISIONS
3.1 Commencing on the agreed start date (see Section 3 ‘Start date’ overleaf), CCM will
provide and perform the services described in the attached “Task Schedule” in the areas
defined in Section 2 on the first page of this agreement. CCM will provide its services by
and under the terms of Section C (“Obligations of CCM”).
3.2 In consideration of the faithful performance of the services hereunder, the Customer
shall pay to CCM the “Total Monthly Charge” stated in Section 3 on the first page of this
agreement (subject to variation as hereinafter provided) plus VAT at the prevailing rate.
The billing will be made on 28th of each month for the services of that month and will be
payable within 30 days of the invoice date. Subsequent billings will be made monthly in
line with our billing cycle.
3.3 The price quoted is based upon an annual costing which is then divided by 12 to give a
calendar month charge. We do not provide service on public holidays. The annual cost
provided takes account of no service on Public Holidays, and these have been included in
the calculation of the quoted price. Service on Bank Public holidays can be arranged at
additional cost. If the Client’s site closes for any reason still client is responsible for paying
invoices during closure.
3.4 The quoted price at the time the contract is taken up will be maintained for 12 (twelve)
months. CCM however retains the right to revise prices during this period in the following
circumstances: (i) Following any changes in Employment Legislation that take place during
the term of this contract. (ii) Following the emergence of unforeseen costs arising solely as
a result of CCM obligations under TUPE legislation which may be incurred upon the
assumption of cleaning responsibilities.
3.5 After the initial 12-month term of this agreement CCM will give the Customer at least
30 days’ notice in writing of any changes to the prices of the services rendered under this
hereunder.
3.6 The Customer agrees to notify CCM in writing of any changes in areas to be serviced:
the use of areas to be serviced: the furnishings or fitments or floor, wall, or ceiling
surfaces in the areas to be serviced. After examination of the changes, CCM may adjust
the charges to take account of any revisions to the cleaning tasks.
DURATION
4.1 This Agreement will remain in force for a period of 12 (twelve) months from the start
date specified in Section 3 on the first page of this agreement and may only be terminated
by either party on the first anniversary date provided that written notification is given by
either party to the other at least 3 (three) months before this anniversary date, thereafter
by either party to the other provided that written notification is given at least 3 (three)
months before the date of termination.
4.2 CCM shall also be entitled to terminate this agreement if any service charge payable
hereunder or any part thereof shall remain unpaid 30 (thirty) days after the same shall
have come due.
4.3 Any notices of which this agreement requires to be served shall duly be served if
delivered or sent to the address of the other party shown on the first page of this
agreement (or such other notice address as shall be communicated from time to time) if
sent by post shall be deemed to have been duly served two working days after being
posted.
EXCLUSIVITY
5.1 It shall be understood and agreed that (i) during the term of this agreement, the
Customer shall not directly or indirectly hire any person employed by CCM, and (ii) for 90
(ninety) days following the termination hereof the Customer shall not either directly or
indirectly hire any person who was employed by CCM at any time during the 1 (one) year
period before the termination of this agreement.
VARIATION
6.1 None of the terms hereof may be terminated, varied, or supplemented or compliance
therewith waived except by an instrument in writing signed by or on behalf of the parties
against which enforcement is sought, or by detailing the same in Section 3 on the first
page of this agreement (see “Other Terms”).
ASSIGNMENT
7.1 In the event of a takeover of CCM interest or upon the sale of whole or part of the
business by its shareholders or partners, CCM retains the right to assign all the benefits
and burdens of this agreement to a third party.
C. OBLIGATIONS OF CCM
8.1 CCM shall ensure that the facilities to be provided hereunder shall be performed by
careful and efficient personnel in strict conformity with best practices and the highest
applicable standards. CCM further agrees that upon request of the Customer, it will
remove from the areas to be serviced any of the employees who, in the reasonable opinion
of the Customer are guilty of improper conduct or are not qualified to perform the work
assigned to them.
8.2 Subject as herein provided all personnel furnished by CCM will be employees of CCM,
and CCM will pay all salaries and expenses of and all Income Tax, National Insurance, and
other payments relating to such employees. CCM will be considered for all purposes
hereunder as an independent contractor and will not at any time directly or indirectly act
as an agent, servant, or employee of the Customer or make any commitments or incur any
liabilities on behalf of the Customer without its express consent.
8.3 CCM is responsible for the direct supervision of its personnel through its designated
representative; such representative will be available at all reasonable times to report and
confer with the designated agent of the Customer concerning the services rendered.
8.4 Where facilities and services are provided by sub-contractors, CCM will ensure that the
appointed sub-contractors are bona fide and competent to provide the said services. CCM
shall be responsible for monitoring the work of the appointed subcontractors and ensuring
that their products or services are supplied/performed in strict conformity with the best
practices and highest applicable standards.
8.5 CCM shall always during the period of this agreement maintain full insurance cover
with a reputable insurer against public liability risks for a sum of not less than £2,000,000
and also against liability whether at Common Law or under Statute in respect of accident
or injury to workers employed on these services.
8.6 FORCE MAJEURE CCM will perform all the services described herein except were
prevented by strike lockout, Act of God, accident, or other circumstance beyond its control.
ADDITIONAL TERMS
9.1 If indicated in Section 3 on the first page of this agreement, additional terms and
conditions will be included in a separate addendum signed by both parties and will form an
extension to these standard terms and conditions.
