Quote - Office Cleaning and Janitorial Servicing

TERMS OF BUSINESS

Please read carefully

Unless otherwise stated the minimum term of engagement is three months from the date of signing or acceptance of the Service Specification and which is inferred by the client’s instruction for Active to conduct its work.

Unless otherwise agreed, a minimum of three months written notice is required by the Contractor from the Client for termination of services and the same condition applies to the contractor.

The Client is required to give maximum disclosure on all matters affecting or likely to affect the effective execution of the contractor’s duties. Failure to comply could result in the immediate withdrawal of labour and payment in lieu being levied in accordance with the above charges.

Upon engagement Active will carry out all janitorial services as per the agreed Service Specification.

Any extra duties outside the agreed specification will be carried out only with the express agreement of the Management of Active and subject to the cost being agreed beforehand, and the Service Specification being duly amended and or a document drawn up to include the new items of services provision.

This supplier may from time to time invoke the use of sub-contractors in order to expedite and perform the specifications.

Hourly Charge Rates will be reviewed on a bi-annual basis

Staffing Provision

Active will furnish staff as per the agreement and apply the terms of the agreement; by utilising any prior notified and agreed (with the client) permutations of staffing levels to achieve the specification.

Charges are levied at an hourly rate, per operative. Unless otherwise agreed, each incremental 30 minutes services will be rounded up to the nearest completed hour and which includes any statutory rest periods as are applicable for continuous working patterns beyond four hours (See below).

Where staff is required to work continuously for more than four hours, the minimum statutory requirements on rest periods will apply.

In the event of regular staff sickness/holiday/time off or other matters, which interrupt the work schedule of regular staffing, a replacement will be provided within and up to 48 hours, with full notification to the client.

Where additional staff has been requested and where such staff placements are confirmed, the client is required to formally provide a minimum of three working days cancellation notice and where this term is breached, Active reserves the right to levy a cancellation fee at 8 hours or the usual number of hours agreed for that session multiplied by the hourly rate at that time, in lieu.

Clients are required to manage a timesheet that will be completed by Active staff, giving times and dates of attendances. This should be counter-signed and provided to Active Janitorial, on a weekly basis in arrears. Failure to do so may result in an estimated calculation for the purposes of billing, generating inaccuracies for which Active cannot be held responsible.

Any removal by the client, for whatever reason, of Active staff form the client’s premises, should be prior approved and notified in writing by fax or email, unless matters of security are in question, whereupon the guidelines and procedures set out below, will be invoked. Active should then be given the opportunity to find replacement staff (see above) to ensure that service provision is entirely continuous.

In the event of a breakdown of agreement/client not complying with terms and conditions, Active strictly reserves the right to withdraw labour without notice at any time.

Introduction Fees

For eight months after terminating a service contract, any operative/agent or sub-contractor, whether directly or indirectly introduced to a departing client via the activities and/or whilst working for Active Janitorial and commencing work with the departing client, shall be subject to an introduction fee of £1200 or 25 % (or whichever is greater) of that operative’s usual annualised gross salary/ fees. This fee will be payable to Active Janitorial, on demand, plus any reasonable costs incurred in recovering outstanding monies.

Insurance and liabilities

Active has full public liability insurance up to £10,000,000.

All Active staff are fully insured and it is a term of our engagement that all Client premises must be covered by Employers Liability Insurance, as required by law.

Clients must also have valid standard insurance cover in place for accidental damage. In the event of accidental damage, if this is clearly established and proven to be caused by Active staff members, Active will reimburse the Client up to a maximum of the first £250.00. Any costs incurred above this sum will be covered directly by the supplier’s insurance and will be subject to the usual methods of formal investigation and remedies. Any disputed claim shall follow the maxim of “innocent until proven guilty”.

The investigation procedures for such events are as follows:

· The specific allegation(s) must be reported immediately and writing to Active Janitorial

· The police authorities should be notified (if this is required by the client). Active reserves the right to report the matter to the police authorities.

· The site supervisor must be promptly notified of the same

· The staff in question shall be immediately suspended and any searches be conducted by the site supervisor present and in the client’s presence. Active will then seek to replace the suspended staff within a reasonable time period. The client should refrain from conducting “body” or “strip” searches.

· Active will follow the procedures explained above and on alleged losses over £250, shall pass the matter on to our insurers.

· Where the allegations are proven, the usual legal remedies for such alleged misdemeanours will apply.

In any event that the client makes any which requires Active making a claim to it’s insurers and where that claim is unsubstantiated, Active reserves the right to levy the client up to 95% of the costs incurred in the course of such a claim.

Security Matters

In the event that a security breach is suspected by the Client, which may implicate Active staff, must be reported immediately by fax and telephone to Active management on contact telephone numbers:

0207 704 6960 or security@active-janitorial.co.uk

Failure to report any such incidents or suspected breaches of security will automatically absolve Active of all liability in any subsequent events related to any breach of security.

Active is insured for loss of keys and will pay up £250 per any proven losses. For losses over this amount our usual claims procedures and conditions are applicable.

Access To Premises

Active is responsible for holding keys and access information about the client’s premises. These shall be kept securely. Where keys are lost stolen or damaged as a proven result of the actions of Active and or its agents, then Active will be liable to pay the first £250 of any loss. Where the loss incurred is greater than this, then the claims procedure laid out above shall be invoked.

Access to premises at the agreed times must always be available and must in the first instance be arranged with a member of Active’s Management. Failure to provide sufficient access may result in inability to carry out or complete appointed duties. In all cases Active reserves the right to charge the Client as per the agreed service specification and schedule that are missed as a result of such matters.

Janitorial Supplies

Where agreed, Active will supply to the Client all relevant material regarding all materials used in the execution of it’s specified tasks, and unless otherwise specified, janitorial supplies will be charged on an as used basis. Where this service is not required the client will be entirely responsible for the timely replenishment of such supplies as are necessary for the contractor to conduct their work to specification standards and does not accept any liability for non-performance of the specification, in such circumstances.

Payment Terms

Invoicing is issued on the 10th of each month and payment terms are strictly 14 days net. Payment to be made in full in UK £sterling without withhold, discount, deduction or offset. In the event of late payment, Active reserves the right to charge interest at a rate of 2.5% of the outstanding amount for every 5 banking days that payment is overdue. Should the payment remain overdue for more than ten days, a written reminder will be issued promptly and every week thereafter until payment is received, and an additional charge of £20.00 will be levied for each reminder issued.

Payment to be made by bank transfer or by cheque or cash.

Cheques should be made payable to Active Janitorial and delivered to the above address.

BACS payments method are available on request

Cash payments acceptable by prior arrangement with Active management and to an authorised manager.

The client shall not at any time, withhold all or any part of payment due in such circumstances and the usual terms of payment will apply at all times.

In the event of:

a) any distress execution or other legal process being levied upon any of the clients assets

b) the client entering into any arrangement or composition with its creditors committing any act of bankruptcy or (being a corporation) an order being made or an effective resolution being passed for its winding up except for the purposes of amalgamations or reconstruction as a solvent company or a Receiver being appointed in respect of the whole or any part of its undertaking assets.

c) Non-payment by the client of any monies due from it to Active.

Active shall be entitled to cancel any contract between the contractor and the client. In the event of any such cancellation by Active, the supplier shall be entitled to recover as damages from the client all loss and damage of whatever kind consequential or otherwise which the supplier shall sustain in connection with such cancellation.

Active operate a strict no refunds policy.

Capital Equipment

Active will endeavour to complete all specified tasks using all reasonable means. On occasion this may require the use of capital equipment for certain tasks. In the instance of capital equipment being required, the client will be duly informed and advised of any additional costs of over £500, which may be so incurred.

Safe, adequate and accessible storage must be provided for equipment and materials required by Active staff for the execution of their specified duties. All storage areas must comply with HSE regulations and where applicable display any relevant hazard warnings.

Active complies strictly with all health and safety laws and regulations and all clients are expected to do the same.

Under no circumstances will Active staff become involved the handling of any hazardous or illegal waste or the cleaning of mechanical or electrical capital equipment.

Active does not recognise TUPE agreements, since we employ our own staff.

Health & Safety

Data Sheets will be supplied and displayed by the supplier as requested by the client.

The Client is required to give maximum disclosure on all matters affecting or likely to affect the effective execution of Active’s duties. Failure to comply could result in the immediate withdrawal of labour and payment in lieu being levied in accordance with above tariff/agreed charge rates.

In the case of any complaint regarding the performance and standard of work carried out, the Client must inform Active management in writing and state specific grievances. A mutually agreed definitive date for resolution of any such matter to be agreed between both parties, and both parties to make best efforts to reach agreement on a formula acceptable to both The Client and Active.

In the event of any suspected criminal behaviour/activity by Active employees Active operate a strict Investigative and Disciplinary procedure, described above. Clients should note that this procedure is a term of employment and engagement and therefore only this procedure shall have precedent in all cases.

Active takes every care to ensure that its employees, representatives and agents comply with all aspects of Health & Safety procedures and risk assessments.

GENERAL TERMS

FREEDOM TO CONTRACT

The parties declare that they each have the right, power and authority and have taken all action necessary to execute and deliver, and to exercise their rights and perform their obligations under this agreement.

AMENDMENTS

Any amendment and/or supplement to the present agreement is valid only if made in a written form and duly signed by both parties.

CONFIDENTIALITY

All agreements, whether written or verbal, between Active and the Client are strictly confidential. No exceptions to confidentiality are permitted under any circumstances. Any breaches of confidentiality will result in the appropriate legal action being taken by each party.

ASSIGNMENT

The client shall not without the prior written consent of the supplier transfer, charge or deal in any other manner with this agreement or its rights under it or part of it, or purport to do any of the same, nor sub-contract any or all of its obligations under this agreement.

SEVERABILITY

if any part of this agreement becomes invalid, illegal or unenforceable the parties shall in such an event negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the invalid, illegal or unenforceable provision which as nearly as possible validly gives effect to their intentions as expressed in this agreement. failure to agree on such a provision within six months of commencement of those negotiations shall result in automatic termination of this agreement.

DISCLOSURES

GOVERNING LAW

This contract shall be governed by and construed in accordance with English law, and each party expressly submits to the exclusive jurisdiction of the London High Courts. With exception of any specifically mentioned item, Active is entirely absolved of responsibility for the individual actions of its employees in regard to any and all breaches civil and criminal law.

ENTIRE AGREEMENT

This agreement including any schedules hereto constitutes the entire understanding between the parties with respect to the subject matter of this agreement and supercedes all prior agreements, negotiations and discussions between the parties relating to it.

Upon instruction to carry its work, all clients are required to comply with the general terms set out above and as contained within the agreed specification. Every transaction of goods or services between the supplier and client shall be covered by the terms and conditions