1.1 Chroma Cleaning (CC) shall introduce a Self Employed Cleaner (SEC) to the Householder (HH) subject to the terms and conditions of this Business Agreement (BA). Changes to the number of hours specified, shall affect the amount payable to both CC and the introduced SEC, and are subject to a minimum rate.
1.2 The HH shall pay CC the Retainer monthly in advance for the introduction of the SEC(s) and on-going support during the BA.
1.3 This BA will be for a minimum initial period of 1 months as from the date of booking and will continue thereafter on a recurring 1 month basis.
1.4 Where you communicate on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.
2.1 The payment of the retainer fee is payable at the frequency specified on the booking form, either 1 months' (4 weeks) Retainer is payable immediately on booking or the Retainer is paid after each clean. This payment will reccur on the frequency specified, either every 4 weeks or after each clean.
2.2 The HH shall sign the standing order mandate or provide bank card details, authorising payment of the retainer, on the agreed frequency. CC shall not forward this standing order mandate to the HH's bank account or process the payment until after a SEC has been retained by the HH.
2.3 The failure to pay any Retainer payment for more than the agreed frequency or to advise changes to hours shall constitute a serious breach of this BA.
3 Householder Obligations
3.1 The HH shall retain the SEC under a 'Contract for Services.' The householder shall agree the terms directly with the SEC.
3.2 The HH shall provide a safe working environment and shall have adequate insurance cover in place against liabilities to the SEC.
4 Chroma Cleaning Obligations
4.1 CC shall introduce a SEC to the HH in accordance with clause 1.1.
4.2 Where the HH is unhappy with the SEC introduced by CC and/or notifies CC that the SEC's services are to cease permanently, CC shall:
4.2.1 endeavour to introduce a replacement SEC to the HH; and
4.2.2 issue the HH with a refund or credit for any period that the HH is without a SEC following the HH's notification.
4.3 In the event that a suitable replacement SEC cannot be introduced to the HH, then termination under clause 7, may apply.
4.4 In performing its obligations under this BA, CC shall use its reasonable care and skill.
5.1 CC shall provide Public Liability insurance of no less than £2,000,000 in respect of each SEC introduced to the HH.
5.2 Neither CC nor its insurance shall be liable for the first £100 of any claim or for any claim of £100 or less in value. However, where clause 6.2 applies, CC shall be liable for the first £100 for any claim.
5.3 The HH shall not be covered by CC's insurance policy in the following circumstances:
5.3.1 where the SEC has not been subject to the CC vetting program;
5.3.2 where the materials or equipment used by the SEC are not provided directly by the HH;
5.3.3 where the terms of this BA are otherwise breached;
5.3.4 where products containing bleach have been made available to the SEC.
6.1 CC shall not be liable for:
6.1.1 any loss or damage in excess of the limit or the scope of its cover as described in clause 5;
6.1.2 any losses incurred by the HH as a result of any failure of a retained SEC to comply with his/her contractual obligations under the Contract for Services for whatever reasons;
6.1.3 failure of any retained SEC to return keys and any loss that may arise as a result;
6.1.4 collusion or theft of property or possessions by a retained SEC;
6.2 CC shall be liable to the householder:
6.2.1 Where CC has not fulfilled its obligations to perform with reasonable care and skill under this BA or has failed to perform its obligations at all or to any significant extent;
6.2.2 For death or personal injury caused by its negligence.
6.3 Nothing in this BA shall affect the statutory rights of the HH as a consumer.
7.1 CC may terminate the BA at any time by giving not less than 1 calendar month notice in writing to the HH.
7.2 The HH may terminate the BA by giving not less than a notice of 1 month in writing to CC.
7.3 Where the HH has committed a serious breach of the terms of the BA, CC is entitled to terminate the BA immediately on written notice to the HH.
7.4 Where CC has committed a serious breach of the terms of the BA, the HH is entitled to terminate the BA immediately on written notice to the CC. The balance paid to date for any period after the termination date shall be refunded to the HH.
7.5 For a period of 12 months following termination of the BA for any reason, the HH shall not engage, directly or indirectly, in any capacity whatsoever, with any SEC who has been introduced by CC. If this is the case, the service will be presumed to have continued, and a payment of 12 months retainer will be payable to CC by HH.
8.1 All representations, rights and obligations entered into by HH(s) are given or entered into jointly and severally.
8.2 If any provision of this BA shall be found to be void, invalid or unenforceable, the remainder of this BA shall remain in full force and effect.
8.3 CC reserves the right to amend the Terms and Conditions of this BA by informing the HH of changes by posting them to the website as specified below not less than 30 days before the changes are implemented.