09:50, Wednesday 4th September 2024
Terms and Conditions
We Are Peachy Limited
September 2024
These are the Terms and Conditions of Office 11 Navigation Business Centre, Millgate, Newark, Nottinghamshire NG24 4TS Registered Number 12511880 (We Are Peachy)
1. General
a. The ‘Client’ is any person, business, organisation, or association which has contacted We Are Peachy requesting information, or a private individual who has entered a Contract with We Are Peachy for the provision of, but not limited to professional cleaning services (the Services).
b. ‘Services’-The professional cleaning services offered to the Client by We Are Peachy in accordance with their initial instructions.
c. ‘Contract’ – The legal agreement between We Are Peachy and the Client for the provision of Services.
d. ‘The Charge’- The sum payable for the provision of the Services and any additional sums agreed between the parties.
e. ‘Payment’ – must be by BACS, Go Cardless or Stripe.
f. ‘Property’- the building or house where the Services are required.
g. ‘Working Days’- Monday to Friday from 9am to 3pm excluding Bank Holidays.
h. ‘Days’- all the days of the week.
i. ‘Staff’- employees and contractors engaged directly by We Are Peachy to provide the Services.
j. ‘Visit’- attendance at the Property by We Are Peachy staff to provide the Services.
k. By entering a Contract with We are Peachy the Client warrants that they are not doing so in the course of any business or organisation.
l. The Client is accepting to be bound by these Terms and Conditions by arranging for We Are Peachy to provide Services.
m. These Terms and Conditions will take precedence over any other Terms and Conditions proposed by the Client.
2. The Services
a. The Services currently provided by We Are Peachy to which these Terms and Conditions relate are regular and one-time private home cleaning, but this is subject to amendment.
b. When providing Services to the Client We Are Peachy will normally follow three stages.
c. Following the initial contact, We Are Peachy will have a meeting preferably in person to view the Property and discuss the Clients requirements.
d. Details of the Services and the Charge will be agreed at the meeting and confirmed in writing afterwards.
e. At the first Visit a manager will accompany the Staff to ensure they are aware of exactly what is required.
f. Any amendment to the Services required by the Client must be directed to We Are Peachy management not the Staff and to take effect accepted by We Are Peachy in writing. An additional Charge may then be payable.
g. The descriptions of the Services by We Are Peachy will be as accurate as possible and provided in good faith.
h. The Client must satisfy themselves that the Services agreed meet their requirements before entering any Contract. We Are Peachy is always willing to answer any questions or queries.
i. There is a minimum hire period of two hours for all Services except where it is for a set project or scheme.
j. The Services will normally only be provided within Working Days.
k. The Services may be provided by one member of Staff or more as arranged by We Are Peachy management.
l. The Client must accept that the Services supplied may vary slightly from what has been agreed.
m. If the Client has any requirements that are essential to them, they must contact We Are Peachy to discuss the matter before entering a Contract to ensure this is acceptable to, We Are Peachy.
n. We Are Peachy reserves the right to amend any Contract where in its professional opinion such amendment will lead to an improved result for the Client.
o. We Are Peachy reserves the right to subcontract any Services.
p. Any estimate as to the Services to be provided within a set time frame are based on the average time taken to provide the Services in a home of a similar size. However, all Properties are slightly different, and it may be necessary to amend the Services provided in the time agreed, or the time contracted, or the Charge paid if the Contract must be amended to complete the Services requested.
q. If following a first Visit to provide the Services, it is found that the time allowed is not sufficient to provide the Services to the required standard in that Property We Are Peachy will contact the Client to discuss if they wish to pay for a longer Visit or remove a room or more as needed from the cleaning schedule.
3. The Contract
a. The Contract is made when the Client has agreed terms for the supply of the Services and arranged a start date.
b. Details of the Services covered by the Contract will be discussed and confirmed in writing following the initial visit to the Property by We Are Peachy management.
c. The Contract can only be amended with the consent of We Are Peachy in writing although all reasonable and practical requests will be allowed.
d. The Client will have the opportunity to read these Terms and Conditions and any questions answered before entering the Contract and so the Client is accepting these Terms and Conditions by entering the Contract.
4. The Client’s Obligations
a. If the Client does not provide all the necessary details for the Services to be provided the Client will be contacted and must provide the outstanding information as soon as possible. The Client must accept that failure to do so may render it impossible to deliver the Services agreed and this would be the Clients responsibility.
b. The Client must provide access to a water supply, main electricity, and a wastewater facility.
c. The Client must provide reliable access to the Property. This is normally by keys supplied to We Are Peachy. Such keys must provide access to the Property without any special effort or skill. If access cannot be obtained due to a faulty lock or for any other reason the Charge will still be payable for the whole period of the Visit.
d. We Are Peachy must be provided with current alarm codes required at the Property and be advised immediately of any amendments.
e. The Client must inform We Are Peachy of all health and safety rules and regulations and any reasonable security requirements that apply at the Property.
f. Information provided by the Client to We Are Peachy must be complete, accurate and provided in good faith. Any changes in facts or relevant activities must be communicated to We Are Peachy as soon as possible. The Client accepts that changes could lead to the Contract being amended to cover the change in circumstances.
g. If We Are Peachy requires a decision, approval, consent, or any other communication from the Client to provide the Services the Client must provide these as quickly as possible and in any event within a reasonable time. Failure to comply may lead to an invoice being submitted and the Services terminated or paused.
h. It will be the Client’s responsibility to obtain any necessary consents, licences or any other permission required to gain access to any Property or equipment required by We Are Peachy for the delivery of the Services. We Are Peachy will be under no obligation to check these have been properly obtained and the Client will indemnify We Are Peachy against any claims arising from their use.
i. Any delay in the provision of the Services arising from the failure of the Client to perform its obligations shall not be the responsibility of We Are Peachy, and the Client shall accept this.
j. The Client and anyone encountered at the Property must be always respectful towards We Are Peachy and their Staff. We Are Peachy reserves the right to leave the Property if the behaviour of anyone is in their opinion unacceptable.
5. Employees
a. We Are Peachy will normally supply their own employees to provide the Services but may engage Contractors for specific services.
6. Health and Safety
a. All We Are Peachy staff will operate in accordance with the Health and Safety Policy of We Are Peachy which can be produced upon request.
b. The Client must provide We Are Peachy with current emergency numbers that will be answered should there be a need to make contact.
c. The Client must inform We Are Peachy at the outset of any allergies suffered by occupants of the Property.
d. We Are Peachy will not enter any environment considered by them to be unsafe, dangerous to health or inoperable for any reason. They will withdraw from the Property and report the problem. The Client will be liable to the full charge for the Visit.
e. We Are Peachy must not be asked to move heavy or complex furniture.
f. We Are Peachy must not be asked do any work that takes them off the ground which requires the use of a ladder. They cannot clean such items as chandeliers and any extremely high tops or furniture.
g. We Are Peachy will not clean anything that is offensive or potentially hazardous but will leave the room where it is situated immediately. This includes but is not limited to such items as animal or human faeces, urine, vomit, and soiled clothing.
h. We Are Peachy must be advised when the booking is made of any pets that are in the Property. Any pets must be kept secure when We Are Peachy visit. Any scratching, biting or intimidation of We Are Peachy Staff will not be tolerated and if necessary, they will leave the property. The Client will remain liable for the full Charge.
i. Clients must inform We Are Peachy if anyone in the Property is unwell especially if they may have something contagious.
7. The Property
a. All fragile, antique, sentimental, expensive or highly breakable items must be made secure or removed from the Property for when We Are Peachy make a Visit.
b. We Are Peachy must be notified of any items not falling in the above but requiring special or careful attention.
c. We Are Peachy will not be held liable for any damages or breakages if items are not secured.
8. The Charge
a. The Charge must be paid as agreed.
b. The Charge for all one off cleans must be paid before the Services are supplied.
c. Clients are requested to arrange monthly payment through Go Cardless and details will be supplied by We Are Peachy.
d. For monthly or other periodic cleans Invoices will be raised mid-month for payment on the 28th of that month. The Invoice will normally cover the period of a month preceding the date of the Invoice.
e. Other acceptable methods of payment are via Stripe, through the Website or by bank transfer provided the method has been previously agreed with We Are Peachy.
f. If the Charge is payable in instalments such instalments must be paid within 14 Days of the due date or no further work will be carried out until payment in full is made.
g. If an invoice is not paid by the due date, We Are Peachy reserves the right to suspend all Services until the Invoice has been paid in full.
h. The Client should be aware that if the Services are suspended for a length of time, then additional cleaning may be necessary to bring the Property up to standard which would be chargeable.
i. In the event of continuous late or non-payment of invoices, We Are Peachy reserves the right to request payment in advance before any future Services are supplied or to terminate the Services immediately by serving written notice on the Client.
j. If an Invoice is not paid within 30 Days of issue, then interest at 8% per annum above the current Bank of England base rate will be payable together with the current debt recovery Charges.
k. All invoices must be paid in full without set-off, deduction or counterclaim.
l. We Are Peachy reserve the right to amend the Charge or the hourly rate for the Services by giving the Client a minimum of 30 Days written notice of the change.
m. All Charges include VAT at the current rate except where stated otherwise.
9. Delivery of the Services
a. The date, time, and frequency of provision of the Services at the Property will be agreed at the outset.
b. If the date must be rearranged by the Client, then they will remain liable for all costs incurred by We Are Peachy. We Are Peachy will use their best endeavours to meet any required rearranged date, but this cannot be guaranteed. In any event a minimum of one month’s notice must be given to rearrange a Visit.
c. We Are Peachy will endeavour to attend at the time agreed with the Client must accept that due to transport, traffic and other issues beyond the control of We Are Peachy the Staff may arrive at the Property after the time agreed. Alternatively, the Visit will be rescheduled.
d. We Are Peachy will not be liable for any loss or damage suffered by the Client or any Third Party if they are unable to accommodate the Client following a requested rearrangement.
e. We Are Peachy will endeavour to provide the same Staff to each Visit to a Property, but this cannot be guaranteed.
f. If We Are Peachy are unable to supply Staff to provide Services due to illness or other matters beyond their control even after reasonable endeavours to engage alternative Staff, then the Client must accept the situation and We Are Peachy incur no liability. Any extra Services required to bring the Property up to because We Are Peachy are unable to complete a Visit will be provided at no extra charge.
10. Equipment
a. We Are Peachy will provide their own equipment and products.
b. Any damage or theft of equipment or other items supplied by We Are Peachy by the Client, their visitors, family, or agents will be charged to the Client.
c. All Products supplied and used by We Are Peachy will be of industry standard and be fit for purpose.
d. All equipment will be cleaned between each Visit.
11. Cancellation
a. Clients must give We Are Peachy at least 48 hours’ notice of cancellation of an arranged Visit or the Visit will be charged as taken.
b. The Client can only cancel in this manner by giving 48 hours’ notice once in any 28-day period after which it will be charged as taken.
c. A Client may cancel up to four Visits in any period of one year provided 48 hours’ notice is given for each. If more than four Visits are cancelled, then they remain chargeable whatever the period of notice given. If a Client requires amendment of a Contract, they must discuss this with We Are Peachy as soon as possible as once time is held for the Client it will be chargeable subject to the above.
d. The time for a Visit agreed and the Charge made is as judged necessary by We Are Peachy to provide the Services at a certain Property or part of a Property to their standards in that time on the agreed regular basis. If the period between Visits increases due to cancellation by the Client initially more time will be required to achieve the standard. In such circumstances either the Client will be charged and pay for the extra time required at Visits (subject to We Are Peachy having staff available) or the area of the Property or Services there will be reduced to enable Services of the correct standard to be completed in the original time agreed for the Visit.
12. Cooling Off Period
a. When Services are ordered online or over the telephone by a person not acting in the course of a business, they will have the right to cancel the Services up until 14 Days afterwards. They must communicate their wish to cancel to We Are Peachy in writing immediately.
b. The cooling off period does not apply to Services ordered at a distance by telephone or text but not online if the Services do not have a value of at least £42 or such sum as the law states.
c. If any Services are used by the Client during the cooling off period and the Client subsequently cancels the Contract as above, they must pay in full for the cost of the Services already taken.
13. Insurance
a. We Are Peachy will always have in force standard public liability insurance.
14. Limitation of Liability
a. Should We Are Peachy be prevented, hindered or delayed from performing their obligations under the Contract by circumstances outside of their control (including without limitation acts of God, flood, drought, earthquake, other natural disasters, epidemic or pandemic, a terrorist attack, war, civil commotion or riots, war, the threat of or preparation for war, armed conflict, the imposition of sanctions, embargo or breaking off diplomatic relations, nuclear, chemical or biological contamination, any law or action by government or public authority, the collapse of buildings, fire explosion or accident, any labour dispute or strike, non-performance by suppliers or subcontractors, interruption or failure of utility service, any action or order from the government, travel restrictions) We Are Peachy shall be relieved from performing their obligations and will not be in breach of the Contract or otherwise liable for any such failure or delay in the performance of such obligations.
b. We Are Peachy is not liable for any indirect or consequential losses to the Client or any third party.
c. The Contract is exclusive to the Client and no third party shall have any rights under that Contract.
d. We Are Peachy does not exclude liability for death or personal injury caused by the negligence of We Are Peachy or their Staff or agents or fraud or fraudulent misrepresentation.
e. The Client is liable for any reasonable costs, liability, damages, loss, claims, or proceedings arising from loss or damage to any equipment including that of any third party caused by the Client, its agents, or employees.
15. Intellectual property
a. All copyright, trademarks and all other intellectual property rights in all Services, procedures, materials, artwork, (jointly called the Materials) shall remain always vested in We Are Peachy. Any attempt to copy any such items or reproduce, transmit, publish, display exploit, or create derivative items shall render the Client liable for damages.
b. If the Materials supplied by, We Are Peachy are used by a Third Party for any purpose, not in the Contract the Client will be liable to We Are Peachy for damages and will take appropriate steps to ensure such use ceases immediately.
c. If the Client wishes to use the Materials in a way beyond the Contract, it must obtain written consent from We Are Peachy and pay any Charge requested before doing so.
16. Confidentiality
a. We Are Peachy will keep all personal information supplied to them by the Client not in the public domain in connection with the Services private and confidential and this will continue for a period of two years after completion of the Services. We Are Peachy may disclose such information to any subcontractor, supplier, or employee to the extent necessary to provide the Services.
b. We Are Peachy reserve the right to take photos of their work at the Property to use in their marketing materials.
c. The Client warrants it will keep all information it discovers about We Are Peachy and its Staff strictly confidential. This includes information relating to their business methods, practices, employees, contractors and includes all information whether labelled as confidential or not. This warranty continues after completion of the Services.
17. Data Protection
a. All data supplied to We Are Peachy by the Client will be kept safely in accordance with the General Data Protection Regulation (UK GDPR) and general UK legislation as set out in their current Privacy Notice.
b. The Client will similarly comply with all current data protection legislation when dealing with data regarding, We Are Peachy.
18. Guarantee
a. The Client must raise any problem, damage or complaint it has with the Services immediately the issue arises and in any event in writing along with photographic evidence within 24 hours of completion of the Visit. Otherwise, it will be deemed that the Client is satisfied with the Services provided. We Are Peachy guarantee to fully investigate any complaint and seek to find a solution acceptable to the Client.
b. The Client must not attempt to clean any disputed areas themselves or engage a third party to do so. They must allow We Are Peachy to return to the Property to reclean the disputed area. If this is not followed the guarantee will be rendered void and no further action will be taken by, We Are Peachy who will assume the matter is settled and pursue payment of any Charge due for the Visit.
c. Unless We Are Peachy fail to honour the guarantee, the Client waives their right to stop any payment made or protect the payment by any other means.
d. Any recleans under a guarantee are limited to a maximum of two hours work.
19. Severance
If any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.
20. Waiver
The waiver by We Are Peachy of a breach, default, delay, or omission of any of these terms or the Contract by the Client will not be construed as a waiver of any preceding or subsequent breach of the same or other provisions.
21. Transfer
The Client may not transfer any of their rights under the Contract to any Third Party.
22. Law
These Terms and Conditions are governed by the law of England and Wales.
