BACKGROUND:

These Terms and Conditions are the standard terms which apply to the provision of cleaning services by Struggle No More (“the Company”) to customers who require their homes to be cleaned on a regular basis. Please read them carefully and ensure that you understand and agree to them. If you have any questions, please contact us.

These Terms and Conditions apply where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.

1. Definitions and Interpretation

   • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

• Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic communications whether sent by e-mail, text message, fax or other means.
• Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
• Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.
• Each reference to a Schedule is a reference to a schedule to these Terms and Conditions.
• The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
• Words signifying the singular number will include the plural and vice versa.
• References to any gender will include any other gender.
• References to persons, unless the context otherwise requires, include corporations.

2. Communication and Contact Details

   • If You wish to contact Us with questions or complaints, You may contact Us by telephone at 07756 081 404 or by email at info@strugglenomore.co.uk
   • In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting Us in writing You may use the following methods:
     • contact Us by email at info@strugglenomore.co.uk
     • contact Us by phone at 07756 081 404

3. Orders

   • We accept orders for Cleaning Services via Phone and Email.
   • When placing an Order You should set out, in detail, the Cleaning Services required. Details required include the location and size of the Property, number and type of rooms which are to be cleaned, the frequency of Visits required and the type(s) of cleaning required. 
   • Once the Order is complete and submitted We will prepare a Quotation and send it to You either by email or first class post. The Quotation will set out the Monthly Fee.
   • The sales advisors can only give a rough estimate of the duration of the cleaning service, which is based on a basic description of the customer’s house. Please note that the cleaner may discuss a variation on the planned duration if, in practise, it appears to be required.
   • If We cannot accept your Order, we will inform you of this in writing.
   • You may make changes to the Order and Quotation before accepting and this then becomes the Agreement between Us and You.
   • You may accept the Agreement by signing and dating a copy of it and returning it to Us within 7 days after the date we issue the Quotation.
   • When (but not before) You have returned the Quotation, signed and dated, and it will be assumed that you are accepting these Terms and Conditions, and this will act as our legally binding contract between You and Us.
   • Regular Domestic Cleaning Agreements are subject to One month’s minimum contract.
   • If you wish to change your Order after accepting the Quotation, please contact Us and We will tell you whether or not the change can be accommodated, along with any changes to the fees payable as a result. If we cannot accommodate the changes or the changes to the fees or other matters are not acceptable to you, you may cancel in accordance with these Terms and Conditions.

4. Fees and Payment

   • Fees payable differ on the following factors:
     • Regular Domestic Cleaning
       • Our fees are payable monthly by Cash, Bank Transfer, Standing Order. This is payable in accordance as per Our cleaning schedule.
     • End of Tenancy, One-off general clean, after builders, spring clean etc
       • We will invoice You on the same day as Cleaning Services and this is payable upon completion.
     • We accept the following methods of payment:
       • Credit/Debit Card;
       • Bank Transfer or Standing Order ;
       • Cheque;
       •  
     • We reserve the right to suspend cleaning services if monthly payments are missing or if paperwork is not returned to Us within 7 days of placing the order.
     • If You do not pay an invoice by the due date We may charge You interest on the overdue sum at the rate of 15% above the base rate of Bank of England from time to time until payment is made in full. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.
     • If You have promptly contacted Us to dispute an invoice in good faith, We will not charge interest while such a dispute is ongoing.

5. Cleaning Services

   • We will provide the Cleaning Services in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by agreement between You and Us from time to time).
   • We will begin to provide the Cleaning Services on the Start Date and will continue to provide the Cleaning Services until the Agreement is terminated by You or Us in accordance with these Terms and Conditions.
   • We will use reasonable endeavours to ensure that You are always assigned the same Cleaner.
   • We will ensure that the Cleaning Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best practice in the cleaning market.
   • We will ensure that We comply with all relevant codes of practice.
   • Under no circumstances will the Cleaner move heavy furniture or other items in order to provide the Cleaning Services.
   • All the cleaners registered with us and working on our behalf have been fully screened through a personal interview and checking of references and employment history.
   • Unless specifically agreed at the time of the Order, the Cleaner will not clean any items which appear to be antique or fragile or which, in the Cleaner’s reasonable judgement, may be damaged as a result of cleaning.
   • If You require kitchen cupboards, fridges or freezers to be cleaned internally You must empty them prior to the Visit on which they are to be cleaned.
   • We will properly dispose of all waste that results from provision of the Cleaning Services.
   • If cleaning work beyond the normal remit of the Cleaning Services is required (to clean up a serious spillage, for example) We will first obtain Your consent to perform such work and will add the costs of such work to the invoice for the Service Period in which the work takes place.

6. Your Obligations

   • You will ensure that the Cleaner can access the Property at the Agreed Times to provide the Cleaning Services.
   • You may either give the Cleaner a set of keys to the Property or be present at the Agreed Times to give the cleaner access. We promise that all keys will be kept safely and securely by Cleaners.
   • If You require Us to collect the keys from an alternate location a transport fee will apply, this will be calculated at the time of providing the quote and must be agreed in advance.
   • We will not be responsible for triggering any alarm systems. Customers should give any special instructions for deactivation/activation of any household alarm systems.
   • We agree to provide all cleaning detergents required to carry out the service, unless other arrangements have been made with Us, any cleaning equipment provided by the customer (vacuum cleaner, mop and bucket, broom, step ladder) should be safe and in full working order.
   • If You do not provide the required access to the Property or make it impossible for Us to provide the Cleaning Services by failing to comply with any other provisions contained within these Terms and Conditions, and do not have a good reason for this, We may invoice you for any additional charges incurred as a result.
   • You must ensure that the Cleaner has access to electrical outlets and a supply of hot and cold running water.
   • You must give Us at least 48 hours’ notice if You do not require the Cleaner to provide the Cleaning Services on a particular day or at a particular time. We will not invoice for cancelled Visits provided such notice is given.  If less than 48 hours’ notice is given We will invoice You at the normal rate.
   • If You do request to re-schedule, We will work with you to determine a convenient time for both parties.

7. Problems with Our Service

   • If there is a problem with the result of the Cleaning Services, i.e. they have not been provided with reasonable care and skill, You are entitled to ask Us to repeat or fix the service, or to get a price reduction if this is not possible.
   • We always use reasonable efforts to ensure that Our provision of the Cleaning Services is trouble-free. If, however, there is a problem with the Cleaning Services We request that You inform Us as soon as is reasonably possible. We will use reasonable efforts to remedy problems with the Cleaning Services as quickly as is reasonably possible and practical.
   • You accept and understands that poor service, breakage/damage or theft must be reported within 24 hours from the service date. Failure to do so will entitle customer to no refunds or recovery cleanings.
   • We may require the presence of the You or his/hers representative in the beginning and at the end of the cleaning session as an inspection can be carried out and if any corrections, should be made on the same day.
   • If You have scheduled an inventory check then it must be scheduled to commence no later than 24 hours after the cleaning job has been carried out
   • We will not charge You for remedying problems where the problems have been caused by Us or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by You, We may charge You for remedial work.
   • As a consumer, You have certain legal rights with respect to the purchase of goods or services. For full details of your legal rights and guidance on exercising them, it is recommended that You contact your local Citizens Advice Bureau or Trading Standards Office.
   • If We do not perform the Cleaning Services with reasonable skill and care, You have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You, You have the right to a reduction in price;
   • If the Cleaning Services are not performed in line with information that We have provided about them, You also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You (or if Our breach concerns information about Us that does not relate to the performance of the Cleaning Services), You have the right to a reduction in price.
   • If for any reason We are required to repeat the Cleaning Services in accordance with Your legal rights, We will not charge You for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full fees payable for the Visit(s) affected and, where You have already made payment(s) to Us, may result in a full or partial refund.  Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that You are entitled to the refund) and made via the same payment method originally used by You unless You request an alternative method.

8. Complaints and Feedback

   • We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
   • In case of a complaint, We require you to notify them within 24 hours after completion of the cleaning work. You should contact Ula Gibb directly.
   • We may take up to 7 working days to respond to a complaint.
   • We are unable to accept any complaints submitted outside of the 24 hours from completion of the cleaning services.

9. Termination

   • You may terminate the Agreement at any time by giving Us at least 4 weeks (28 days) written notice for all Regular Domestic Cleaning Agreement..
   • You may terminate the Agreement with immediate effect by giving Us written notice if:
     • We have breached the Agreement in any material way and have failed to remedy that breach within 7 days of You asking Us in writing to do so.

10. Effects of Termination

    • If the Agreement is terminated for any reason these provisions will apply.
    • If at the termination date:
      • You have made any payment to Us for any Cleaning Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice. We may, however, deduct from such a refund (or charge You) reasonable compensation for the net costs We will incur as a result of your breaking the Agreement.
      • We have provided Cleaning Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment.
    • Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.
    • Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Agreement which exist at or before the date of termination.

11. Events Outside of Our Control (Force Majeure)

    • We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control .
    • If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
      • We will inform You as soon as is reasonably possible;
      • Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
      • We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Cleaning Services as necessary;

12. Liability

    • We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
    • We will maintain suitable and valid insurance including public liability insurance.
    • We have Public liability insurance. The policy will cover any accidental damages caused by an operator working on behalf of Us reported within 24 hours of service date
    • The insurance policy is subject to a number or further terms and conditions. Any damage caused by bleach is not covered. We will not arrange for the insurance referred to if the Our fee has not been paid by You in accordance with terms and conditions of this agreement. An insurance taken out by You may void the insurance policy in this clause in which even and loss will only be recoverable under the policy of You.
    • If We cause any damage to the Property, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Cleaning Services.
    • All fragile and highly breakable items must be secured or removed. Items excluded from liability are: cash, items of sentimental value, art and antiques.
    • Key replacement/locksmith fees are paid only if keys are lost by Us. There is a £30 per household liability limit.
    • We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us or the Cleaner.
    • Nothing in these Terms and Conditions is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
    • Nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.

13. How We Use Your Personal Data (Data Protection)

    • All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.
    • For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from Urszula .

14. Other Important Terms

    • We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.
    • By entering under this Terms and Conditions with Us, after the termination of the cleaning service providing by Us, You must not hire or use any home-related services provided by a present or past cleaner introduced to the You by Us. If you do wish to hire or use home-related services provided by such a cleaner our referral fee is £250
    • You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).
    • The Agreement is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement.
    • If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.
    • No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.

15. Regulations and Information

    • We are required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before You have accepted the Quotation and the Agreement has been signed) except where that information is already apparent from the context of the transaction. We have included the information itself either in the Agreement or Quotation for You to see, or We will make it available to You before the Agreement is signed and you accept the Quotation. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

16. Law and Jurisdiction

    • Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Agreement, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.