Supplier Terms and Conditions

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By completing an application form, or by accepting a booking from The Little Cottage Cleaning Company, the Supplier acknowledges that they have read, understood and agree to accept the terms of the Agreement. It is understood that:

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(i)    The Little Cottage Cleaning Company engages with its Suppliers, to provide cleaning services to its clients from time to time.

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(ii)    The Supplier is a provider of cleaning or domestic services and acts on a self employed basis where the Company offers the Suppliers cleaning services to its Clients.

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(iii)    The Client remains the client of the Company at all times and shall not become the sole Client of the Supplier without the prior written agreement of The Little Cottage Cleaning Company

 

(iii)    The Company has approved the Supplier to be appointed as a supplier to the Company upon and bound by the terms of this Agreement.

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Definitions

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Agreement refers to the agreement between the Company and the Supplier for the provision of the Services incorporating these Conditions.

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Client refers to any user of services arranged through or in connection with the Agreement.

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Company refers to The Little Cottage Cleaning Company and its subsidiaries.

 

Service refers to any provision of any cleaning or domestic services under this Agreement.

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Supplier refers to the cleaner, domestic worker or other contracted by the Company to provide the service as a self employed contractor

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Booking means the request from the client via the Company for the Supplier to provide services to the Client

 

Conditions refers to the Company's terms and conditions as laid out in this document.

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Confidential Information means any personal, financial, commercial or technical information, any information relating to the Services, plans or trade secrets which have been identified as such, or which is developed by a party in performing its obligations under, or otherwise pursuant to the Agreement.

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System refers to the Company’s website and computer based systems used in conjunction with carrying out its business

 

 Application of these Conditions

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These Conditions apply to and form part of the Agreement between the Supplier and the Company.  They supersede any previously issued terms and conditions of purchase or supply.  They should be read in conjunction with the application form made by the Supplier, any document uploads made by the Supplier plus and associated emails, or documents in writing, after the initial supplier application form being completed.

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Any amendments or variation to this agreement to be made in writing.  The company may alter this conditions in writing by sending the updated version to the supplier to their registered email.  It will be taken that these have been received and read as the supplier is required to check their email on a daily basis for any new business or comments sent to them by the company.

The Company must agree in writing to any offer, quotation or condition made by the supplier and agree to any document in writing otherwise it will not form part of this Agreement.

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If there is a conflict between the terms contained in these Conditions and the terms of the Booking Confirmation, schedules, appendices or annexes to the Agreement, the terms of these Conditions shall prevail.

 

Failure of Supplier Service, Right of Cancellation and Amendment

 

A Booking may be withdrawn by the Company at any point prior to or after acceptance at the company’s discretion or clients request.   The company will not unreasonably withdraw any booking from any individual supplier without reason.  Equally, the supplier may withdraw services at any point subject to a minimum of 72 hours notice of any booking taking place.  The Company will endeavour to service any of the Suppliers current client list with an alternative supplier.  The Company makes no guarantee of the number of hours, or bookings, it will supply to any Supplier.

 

The Company shall be entitled at any time to modify or cancel any Booking Confirmation made pursuant to this Agreement.

 

The Supplier shall not be entitled to cancel any Booking Confirmation under this Agreement, for whatever cause, without the Company’s agreement in writing and in any event without 72 hours prior notice.

Where a supplier fails to deliver the service the schedule to amend the Confidence Score as shown at www.thelittlecottage.co.uk/confidence-score will apply.  The Company also reserves the right to replace all existing client services with other Suppliers where it deems this necessary.

 

Where a Client cancels without sufficient notice as shown at www.thelittlecottage.co.uk/terms-and-conditions then the supplier is entitled to charge the client a cancellation fee equivalent to 2 hours service supply.  The Company’s service charge always applies and is not refundable.

 

Where a Supplier carries out only part of a service requested by a client then the Supplier will charge for only the number of hours work carried out.  The companies service charge remains and is not refundable.

 

 

 

Supplier Warranty

 

The Supplier warrants and undertakes to the Company that:

 

it has full capacity and authority and all necessary consents to enter into this Agreement and perform the Services requests

 

the Supplier shall provide to the Company copies of all requested documents to verify identity, status, capability, right to work in the UK, criminal and/or background checks and shall upon receipt provide updated copies of such documentation to the Company

 

it has the necessary skill, knowledge, expertise, facilities, licence, permits, equipment, machinery, vehicles, monies, insurance and all other requisite manpower, things, items and materials to provide the Services requested

 

it shall comply with the reasonable and proper requirements and requests of the Company and serve and promote the interests of the Company;

 

it warrants not to act in way which will incur any liabilities on behalf of the Company.

 

 

Services

 

The Supplier warrants and undertakes to the Company that:

 

Services will be provided in a timely and professional manner.

 

All information provided to the Company by the Supplier is true and accurate. The Supplier should be able to provide evidence in respect of its performance and/or completion of the requested Services if required to do so.

 

Services will be provided in accordance with good industry practice.

 

Services will be carried out at the time and date of the request, any alteration to be notified to the Company immediately and in any event before such changes take place.

 

All Services will be carried out by appropriately experienced, qualified and trained personnel, for whom the Supplier shall be entirely responsible, and carried out with all due diligence, skill, care and expertise.

 

It will ensure that all equipment is properly maintained and adequate insurance is in force to carry out the required services

 

It will comply with all relevant legislation, by-laws and regulations applicable to the Services in the United Kingdom.

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The Company makes no guarantee of the minimum number of hours, or bookings, it will supply to any Supplier.

 

 

Sub-contracting

 

The sub-contracting, assignment or other use of third parties to deliver the Service by the Supplier is not permitted under this Agreement.

 

Where additional personnel are required for larger services then the Company will arrange other suitable suppliers to work alongside each other to complete the service.

 

Where a supplier sub-contracts, assigns or uses a third party to complete services requested then the Company may, at their discretion, withdraw all bookings from the supplier, or charge service charges that would have been levied had the booking taken place via the Company.

 

 

Client Conduct

 

The Company shall not be liable in respect of the conduct of any client including but not limited to, any damage caused to any equipment or materials of the Supplier by the act or omission of clients.

 

 

Confidence Scoring and Performance

 

Where it has become evident to the Company that the Supplier has failed to provide the Service in accordance with the requirements of these Conditions or a Booking, or if any Client makes a substantiated complaint as to the provision of the Service by the Supplier then the Company shall be entitled to take the following actions:

 

Payment for the booking in question may be withheld by the client until such a resolution has been found.  The Company may assist in mediation but cannot force payment from any client and accepts no responsibility for the payment being made to the supplier. 

 

Where a complaint is not substantiated the Company will provide any documents to the supplier that are necessary to facilitate recovery of any monies owed to them

 

Any investigation into a complaint will be expedited in a timely manner.  When requested, the Supplier must investigate and respond with resolution to all issues raised by the Company within 5 working days.

 

If upon completion of the investigation the Supplier is found to have failed to provide the Service in accordance with the requirements of these Conditions or the Booking request, the Company shall be entitled to recover from the Supplier the loss of revenue from any cancellation the client may make.  The supplier agrees that where the clients business cannot be placed with another supplier by the Company the sum amounting to 6 months service charges is payable by the supplier.

 

Confidence Scores will be amended according to the chart at https://www.thelittlecottage.co.uk/confidence-score

 

 

Indemnity

 

The Supplier shall indemnify, and keep indemnified, the Company from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by the Company as a result of or in connection with the Supplier's breach of any of the Supplier's obligations under the Agreement, including (without limitation) all costs incurred by the Company in the connection with the procurement of alternative services).

 

The foregoing indemnity is without prejudice to any other right or remedy the Company may have with regard to any breach by the Supplier of its obligations.

 

In the event of unavailability of the Supplier, the Supplier undertakes to inform the Company as soon as is reasonably practicable so that they may source an alternative Supplier.

 

Payments

 

Unless otherwise agreed between the parties in writing, the Supplier shall be paid for the provision of the Services directly by the client in the form of cash payments, on the day that the service is provided.

 

The supplier is responsible for collecting their own payments from clients for any work carried out and failure to do so is not the responsibility of the Company

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The Company will levy their service charge on top of the cleaners hourly rate, directly to the client.  The current rate is displayed in client terms and conditions.  One off cleans have a variable service charge depending on the service requested and will be decided on the merit of each case.

 

The supplier agrees to notify the Company of any alteration to the hours being supplied to the client.

 

Any monies due from the client to the Company are paid directly to them by direct debit, bank transfer or credit/debit card.

 

Where there is an occurrence where the supplier owes monies to the Company then payment terms will be agreed by the Company depending on the circumstances at that time

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The client will ordinarily pay the supplier directly in cash.  The Company accepts no responsibility for the payment, or none payment of such monies.  Where the client has paid the Company directly then the Company will hold this money until The Client has agreed they are happy with the service and the payment can be released. If the client does not respond then we will release payment within 7 calendar days. This is usually pertinent to one off cleans such as end of tenancy, spring cleaning, deep cleaning and after builders cleans.  Where the client has made a complaint or is not happy with the service then the payment will be held until this has been resolved.

 

 

 

Data Protection and Confidentiality

 

Data Protection Legislation means (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998; and GDPR means the General Data Protection Regulation ((EU) 2016/679).

 

Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 14 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.

 

The parties acknowledge that for the purposes of the Data Protection Legislation, the Company is the Data Controller and the Supplier is the Data Processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation). Schedule 3 sets out the scope, nature and purpose of processing by the Supplier, the duration of the processing and the types of Personal Data and categories of Data Subject (each as defined in the Data Protection Legislation).

 

Without prejudice the Company will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Supplier for the duration and purposes of this Agreement.

 

Without prejudice the Supplier shall, in relation to any Personal Data processed in connection with the performance by the Supplier of its obligations under this Agreement:

 

process that Personal Data only on the written instructions of the Company unless the Supplier is required by applicable laws, in which case the Supplier shall promptly notify the Company of this before performing the processing required by applicable laws unless those applicable laws prohibit the Supplier from so notifying the Company;

 

ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

 

ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;

 

not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Company has been obtained and the following conditions are fulfilled:

 

the Company or the Supplier has provided appropriate safeguards in relation to the transfer;

 

the Data Subject has enforceable rights and effective legal remedies;

 

the Supplier complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and

 

the Supplier complies with reasonable instructions notified to it in advance by the Company with respect to the processing of the Personal Data;

 

assist the Company in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

 

notify the Company without undue delay on becoming aware of a Personal Data breach;

 

at the written direction of the Company, delete or return Personal Data and copies thereof to the Company on termination of the Agreement unless required by applicable laws to store the Personal Data; and

 

maintain complete and accurate records and information to demonstrate its compliance with this clause 14 and allow for audits by the Company or the Company’s designated auditor.

 

The Supplier shall not sub-contract its processing of Personal Data to a third party without the Company's prior specific or general written authorisation (not to be unreasonably withheld, conditioned or delayed). Where any sub-contracting of processing of Personal Data is based on the Company's general written authorisation, the Supplier shall inform the Company of any intended changes concerning the addition or replacement of any sub-contractors and the Company shall notify the Supplier of any objections it has to any such changes.

 

The Supplier shall keep confidential all Confidential Information of the Company (and of any Affiliate of the Company) and shall only use the same as required to perform the Agreement. 

 

 

 

Liability and Insurance

 

The extent of the parties' liability under or in connection with the Agreement (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause’

 

the Company's total liability shall not exceed a sum equal to the price paid by the Client for the Service charge of that month for regular services or the One Off Service Charge for one off services.

 

the Company shall not be liable for consequential, indirect or special losses.

 

the Company shall not be liable for any of the following (whether direct or indirect), loss of profit, data, use, contract, opportunity, savings, reputation, good will,

 

The Supplier has the responsibility to check that the client has sufficient household insurance, or other cover, for the liabilities of any domestic staff they employ.  Where the supplier has provided their own liability insurance then they shall at all times maintain public liability insurance and where this is not the case inform the Company immediately.

 

 

Termination

 

 

The Company may terminate the Agreement at any time on written notice with immediate effect if:

 

the Supplier commits a material breach of the Agreement and such breach is not remediable;

 

the Supplier commits a material breach of the Agreement which is remediable but is not remedied by the Supplier within 14 days of receiving written notice of such breach;

 

the Supplier has failed to pay any amount due under the Agreement on the due date and such amount remains unpaid for more than 14 days after the Company has given notification that the payment is overdue;

 

any consent, licence or authorization held by the Supplier is revoked or modified such that the Supplier is no longer able to comply with its obligations under the Agreement;

 

the Supplier becomes unable to pay its debts or is deemed to be unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 (assuming, if necessary, that section 123 aforesaid applies to the Affected party);

 

a winding-up petition is presented in respect of the Supplier;

 

the Supplier enters into liquidation either compulsory or voluntary (save for the purposes of a solvent reconstruction or amalgamation previously approved in writing by the Company) or a provisional liquidator is appointed in respect of the Supplier;

 

notice of intention to appoint an administrator is served in respect of the Supplier or an application for an administration order in respect of the Supplier is filed at court;

 

an administrator, administrative receiver, receiver or manager or similar officer is appointed in respect of the whole or any part of the Supplier's assets

 

the Supplier proposes to enter or enters into any composition or arrangement with its creditors generally or any class of creditors;

 

distress execution or other legal process is taken or steps are taken to enforce any encumbrance over all or part of the assets and/or undertaking of the Supplier; or

 

the Supplier is subject to an event analogous to any of (e) to (k) above in any other jurisdiction.

 

 

General

 

Variation: Following the execution of this Agreement no modification to this Agreement shall be valid or binding unless it is made by a written notice expressed to be for the purpose of such modification and signed by the duly authorised representatives of the Company and the Supplier.

 

Cumulative Remedies: The rights and remedies provided in the Agreement for the Company only are cumulative and not exclusive of any rights and remedies provided by law.

 

Time: Unless stated otherwise in any Booking Confirmation, time is of the essence of any date or period specified in the Booking Confirmation in relation to the Supplier's obligations.

 

Further Assurance: The Supplier shall at the request of the Company, and at the Supplier's own cost, do all acts and execute all documents which are necessary to give full effect to the Agreement.

 

Entire Agreement: The parties agree that the Agreement (and any documents entered into pursuant to it) constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.

 

The Company shall be entitled to set-off under the Agreement any liability which it has or sums which it owes to the Supplier under the Agreement (or any other agreement which the Company has with the Supplier).  The Supplier shall pay all sums that it owes to the Company under the Agreement without any set-off, counterclaim, deduction or withholding of any kind, save as may be required by law.

 

No partnership or agency: The parties are independent persons and are not partners, principal and agent or employer and employee and the Agreement does not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. None of the parties shall have, nor shall represent that they have, any authority to make any commitments on the other party's behalf.

 

Equitable relief: The Supplier recognizes that any breach or threatened breach of the Agreement may cause the Company irreparable hard for which damages may not be an adequate remedy. Accordingly, in addition to any other remedies and damages available to the Company, the Supplier acknowledges and agrees that the Company is entitled to the remedies of specific performance, injunction and other equitable relief without proof of special damages.

 

Severance: If any provision of the Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Agreement shall not be affected. If any provision of the Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable. In the event of such deletion or modification, the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable alternative provision.

 

Waiver: No failure, delay or omission by the Company in exercising any right, power or remedy provided by law or under the Agreement shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy. No single or partial exercise of any right, power or remedy provided by law or under the Agreement by the Company shall prevent any future exercise of it or the exercise of any other right, power or remedy by the Company.

 

Compliance with Law: The Supplier shall comply with all laws, enactments, regulations, regulatory policies, guidelines and industry codes applicable to it and shall maintain such authorisations and all other approvals, permits and authorities as are required from time to time to perform its obligations under or in connection with the Agreement.

 

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For one off cleans, including spring cleaning, end of tenancy and pre tenancy cleaning, after builders cleans and deep cleaning, we ask that you confirm the details of your clients request with them prior to the service taking place.  Particularly for End of Tenancy cleaning we ask that you are very specific with their requirements and recommend that you ask your client for a copy of their check in report so that they can ensure that you achieve the correct specification.

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For End of Tenancy cleaning where a client, the letting agent, or their representative, advises that the cleaning done by the supplier was not adequate, below standard, or not complete then it is the suppliers responsibility to discuss this with the letting agent, client, or their representative to come to a satisfactory conclusion which may involve returning to the property to rectify anything requested by the agent, client or their representative.

For one off cleans, including spring cleaning, end of tenancy and pre tenancy cleaning, after builders cleans and deep cleaning, we always exclude carpet cleaning and external cleaning unless specifically requested and agreed beforehand by you.

 

Third Party Rights

 

Except as expressly provided for above, a person who is not a party to the Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Agreement.

 

 

 

Governing Law And Jurisdiction

 

The Agreement and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.

 

The parties irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter.

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These Terms and Conditions should also be read in conjunction with our Clients Terms and Conditions to form our total Terms and Conditions of trading

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