STANDARD TERMS & CONDITIONS FOR SUPPLY OF CLEANING, SANITISATION & RESTORATION SERVICES

BACKGROUND:

These Terms & Conditions are the standard terms which apply to the provision of cleaning services by J&F Enterprises Ltd (trading as Sparkle.co.uk) (“We” or “Us”). Please read these Terms & Conditions carefully and ensure that You understand them before agreeing to purchase Our Services, and print off a copy of these Terms & Conditions for Your records. You will be required to read and accept these Terms & Conditions when placing an Order for Our Services through Our Website. If You do not agree to be bound by these Terms & Conditions, You will not be able to purchase Our Services. By scheduling an Appointment from Us to provide the Services, You acknowledge that You have read these Terms & Conditions and agree to be legally bound by them. If You have any questions, please contact Us.

  1. Definitions and Interpretation

1.1 In these Terms and Conditions, the following expressions have the following meanings:

 

“Agreement”

means the contract which You and We have entered into for the provision of the Services;

“Agreed Appointment”

means the time period(s) during which You and We have agreed that the Operator shall attend the Site to provide the Services;

“Business”

means any business, trade, craft or profession carried on by You or any other person or organisation;

“Consumer”

means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms & Conditions means an individual customer who receives the Services for their personal use and for purposes wholly or mainly outside the purposes of any Business;

“Data Protection Legislation”

means 1) unless and until EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations, and secondary legislation (as amended from time to time), in the UK and subsequently 2) any legislation which succeeds the GDPR in the UK;

“Fees”

means the fees You are to pay for the Services as set out on Our Website or as otherwise agreed with Us;

“Operator”

means the person(s) engaged by Us to provide the Services to You;

“Order”

means the order placed by You to purchase the Services specified in that order from Us;

“Order Confirmation”

Means Our acceptance and confirmation of Your Order;

“Our Website”

means Our website through which customers place Orders for the Services, at https://www.sparkleco.uk;

“Products”

means any and all cleaning products and supplied or used by Us in rendering the Services;

“Services”

means the cleaning, sanitisation and/ or restoration services which You have requested Us to provide at the Agreed Appointment, as specified in the Order;

“Site”

means the site or premises at which You have requested We provide the Services;

“We/Us/Our”

means J&F Enterprises Ltd (trading as “Sparkleco.uk”), a company registered in the United Kingdom under company number 10620834 whose registered office is at Unit 12 Stechford Trading Estate, Lyndon Road, Birmingham, England, B33 8BU, and includes all Our employees, agents and sub-contractors; and

“You/Your”

means a customer for whom We provide the Services.

 

1.2 Each reference in these Terms & Conditions to “writing”, and any similar expression, includes electronic communications whether sent by e-mail, text message, or other means.

1.3 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.

1.4 The headings used in these Terms & Conditions are for convenience only and do not affect the interpretation of these Terms & Conditions.

1.5 A reference to a Schedule or Clause is a reference to a schedule or clause of these Terms & Conditions.

1.6 References to persons, unless the context otherwise requires, include corporations.

  1. How the Agreement is formed

2.1 You may place an Order for the Services by telephone or via Our Website.

2.2 For Orders placed via Our Website, Our Website will guide You through the process of placing Your Order.

2.3 When placing an Order, You must set out in detail the Services required (including but not limited to the address of the Site, the location and size of the area to be cleaned, the access to the Site and the type(s) of Services required). You must ensure You check Your Order before placing it by telephone or via Our Website, to ensure the details You have provided are correct.

2.4 No part of Our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer to purchase the Services on the terms set out in these Terms & Conditions. We may, at Our sole discretion, accept that offer.

2.5 Our acceptance of Your Order is indicated by Us sending You an Order Confirmation by email. Only once We have sent You an Order Confirmation will there be a legal, binding agreement between You and Us.

2.6 If, for any reason, We cannot accept Your Order, then any Fees paid by You will be refunded to You as soon as possible.

2.7 In the event of a conflict between these Standard Terms & Conditions, Our Website Terms of Use and Our Privacy Policy, then these Standard Terms & Conditions shall prevail.

  1. Cleaning Services

3.1 We will provide the Services to You at the Agreed Appointment(s) in accordance with these Terms and Conditions.

3.2 You will be provided with a time slot on the day of the Agreed Appointment, during which We will arrive to provide the Services. Those time slots for arrival are either;

3.2.1 8 a.m. to 12 noon; or

3.2.2 12 noon – 3 p.m.

3.3 You understand that We shall carry out a health and safety assessment at the Site prior to providing the Services. We shall not be liable if We are unable to provide the Services, if (in the exercise of Our sole discretion) the Site does not comply with the health and safety assessment requirements.

3.4 We will ensure that the Services are performed:

3.4.1 with reasonable care and skill and to a reasonable standard which is consistent with best practice in the industry; and

3.4.2 in accordance with any relevant codes of practice.

3.5 We shall provide the Products to be used when providing the Services to You, which shall be selected by Us based on the Services required. The cost of the Products shall be included in the Fees paid by You for the Services.

3.6 Unless otherwise specified by Us in advance of the Agreed Appointment, We shall dispose of any waste that results from Our provision of the Services.

3.7 We will endeavour to comply with Your reasonable requests with regard to the Services. You agree to pay any additional Fees that may result from Your requests if they fall outside the normal remit of the Services.

3.8 If We consider that cleaning work beyond the normal remit of the Services is required, We will first obtain Your consent to perform such work and will invoice You for the additional costs of that work.

3.9 The times for performance of the Services shall not be of the essence of the Agreement.

  1. Your Obligations

4.1 You will ensure that the Operator can access the Site at the Agreed Times to provide the Services. If the Services are to be provided inside the premises, You will ensure that someone is present at the Site to unlock or otherwise grant access to the Operator.

4.2 You must ensure that the Site:

4.2.1 is clear and unobstructed; and

4.2.2 complies with health and safety requirements,

so as to enable Us to provide the Services, and You undertake to comply with any instructions We or the Operator may give in this regard.

4.3 You must ensure that the Operator has access to electrical outlets and a supply of running water.

4.4 You must ensure that you obtain all necessary permissions or consents required for Us to provide the Services at the Site.

4.5 If You do not provide the required access to the Site or premises, or otherwise fail to comply with Your obligations under this Clause 4, and We are unable to provide the Services as a result, We may still charge You the Fees.

4.6 During the period of the Agreement and for a period of six (6) months following its termination, You shall not directly or indirectly solicit, engage or employ any Operator, sub-contractor or other person who is or was engaged by Us and with whom You have dealt, or who has provided the Services to You, during the period of the Agreement.

  1. Fees and Payment

5.1 In consideration for Us providing the Services to You under the Agreement, You agree to pay the Fees in accordance with this Clause 5.

5.2 The Fees for the Services shall be:

5.2.1 the Fees displayed on Our Website for the said Services at the time You place the Order; or

5.2.2 if Your Order is placed by telephone, the Fees quoted by Us for the Services at the time You place the Order.

5.3 The Fees are exclusive of VAT.

5.4 The Fees quoted by Us under Clause 5.2 are dependent on the information provided by You at the time of placing the Order, including but not limited to the size and location of the area to be sanitised or cleaned, the location of and access to the Site, the type of service required and the time of the Agreed Appointment. We reserve the right to charge additional Fees in the event that the information provided by You, on which the quoted Fees are based, is incomplete or inaccurate.

5.5 The Fees shall be payable:

5.5.1 in advance at the time You place the Order, in the case of Orders for one-off Appointments made through Our Website or by telephone; and

5.5.2 in the case of scheduled repeat Appointments, in accordance with the payment terms set out in Our invoice.

5.6 The Fees shall be paid by credit card, or by such other payment method as we shall agree from time to time.

5.7 Any fees charged by Your credit card provider in connection with Your Order are for Your own account and We shall not be responsible for these.

5.8 If the Fees are not paid in accordance with Clause 5.5 above, We reserve the right to:

5.8.1 charge interest on any overdue sum at the rate of 4% per annum above the base rate of the Bank of England from time to time. Interest under this Clause 5.8.1 will accrue from the due date for payment until the actual date of payment of the overdue sum; and/ or

5.8.2 decline to provide the Services until all outstanding sums (together with any interest charged under Clause 5.8.1) is made in full.

5.9 We make all reasonable efforts to ensure that the Fees shown on Our Website are correct at the time of going online. We reserve the right to change the Fees and to add, alter or remove special offers from time to time and as necessary. Changes in the Fees will not affect any Order that You have already made.

  1. Insurance

We shall ensure that We have in place suitable public liability insurance (up to £5,000,000) and employer’s liability insurance (up to £10,000,000).

  1. Problems with Our Service – Our Guarantee

7.1 If the Services have not been provided with reasonable care and skill, You must notify Us within 24 hours. We will then remedy the problem as soon as reasonably possible.

7.2 We will not charge You for remedying problems where the problems have been caused by Us. If the problem has been caused by incorrect or incomplete information or action provided or taken by You, We may charge You for remedial work.

7.3 If You enter into the Agreement as a Consumer:

7.3.1 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, You may contact Your local Citizens Advice Bureau or Trading Standards Office;

7.3.2 If We do not perform the Services with reasonable skill and care, or in line with the information which We have provided about them, You have the right to request repeat performance. If that is not possible or is not done within a reasonable time, You have the right to a reduction in price; and

7.3.3 If We are required to repeat the Services in accordance with Your legal rights, We will not charge You.

  1. Confidentiality

8.1 We acknowledge that during the course of performing the Services, We may obtain confidential information relating to You and Your affairs (the “Confidential Information”).

8.2 We undertake that We will not:

8.2.1 use the Confidential Information except so far as is necessary to provide the Services;

8.2.2 disclose the Confidential Information except:

8.2.2.1 with Your consent;

8.2.2.2 if that information is already in the public domain;

8.2.2.3 to Our professional advisers, on their undertaking to keep the Confidential Information confidential; or

8.2.2.4 as may be required by law.

  1. Communication and Contact Details

9.1 We always welcome feedback from Our customers and want to hear from You if You have any cause for complaint.

9.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available on requestfrom hello@sparkleco.uk.

9.3 If You wish to contact Us with questions or complaints, or if You need to contact Us in writing for any other reason (for example if required to do so under these Terms & Conditions) please contact Us by email in the first instance at hello@sparkleco.uk.

9.4 Should you need to contact us by telephone or by post, our contact details are as follows:

9.4.1 By telephone: 0121 285 0011; and

9.4.2 By post: Unit 12 Stechford Trading Estate, Lyndon Road, Stechford, Birmingham, B33 8BU.

  1. Cancellation

10.1 You must give Us at least 24 hours’ notice if You do not require the Operator to provide the Services at the Agreed Time (or at all).

10.2 We will not charge Fees if You cancel or postpone an Agreed Appointment provided 24 hours’ notice is given. If less than 24 hours’ notice is given, We will charge You a cancellation fee of £150.

  1. Termination

11.1 In addition to any rights You may have to cancel under Clause 10, the Agreement will terminate:

11.1.1 once we have provided the Services requested in Your Order (in the case of one-off Appointments); or

11.1.2 if either party gives 30 days’ written notice of termination to the other (in the case of scheduled repeat Appointments).

11.2 You may terminate the Agreement immediately by written notice if:

11.2.1 We have breached the Agreement in any material way and have failed to remedy Our breach within 14 days of You asking Us in writing to do so; or

11.2.2 We are unable to provide the Services due to an Event Outside Our Control (see Clause 13).

11.3 We may need to terminate the Agreement before the Agreed Appointment if the required personnel or materials are unavailable, or if there is an event outside of Our reasonable control. In these circumstances, We will inform You as soon as possible.

11.4 We may terminate the Agreement with immediate effect by giving You written notice if:

11.4.1 You fail to pay the Fees on time, as required by Clause 5 of these Terms & Conditions;

11.4.2 You have breached the Agreement in any material way and have failed to remedy Your breach within 14 days of Us asking You in writing to do so;

11.4.3 You do not provide Us with access to the Site and We have been unable to contact You to re-arrange the Services;

11.4.4 An encumbrancer takes possession or a receiver is appointed over Your property or assets;

11.4.5 You make a voluntary arrangement with Your creditors or become subject to an administration order;

11.4.6 You have a bankruptcy order made against You or You go into liquidation;

11.4.7 You cease or threaten to cease to do business; or

11.4.8 An Event Outside Our Control has prevented Us from providing the Services for more than 30 days.

11.5 For the purposes of this Clause 11, a breach of the Agreement is ‘material’ if it is not minimal or trivial in its consequences. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

11.6 The right to terminate the Agreement shall not prejudice any other right You or We may have in respect of that (or any other) breach.

  1. Effects of Termination

12.1 If the Agreement is terminated for any reason, the provisions of this Clause 12 will apply.

12.2 If at the termination date We have provided Services that You have not yet paid for, We will invoice You the unpaid amount, and You will be required to make payment in accordance with Clause 5.

12.3 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.

12.4 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.

  1. Events Outside of Our Control (Force Majeure)

13.1 We will not be liable for any failure or delay in performing Our obligations under the Agreement where the failure or delay results from any cause that is beyond Our reasonable control. Such causes may include: 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, pandemic or other natural disaster, or any other event that is beyond Our reasonable control .

13.2 If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under the Agreement:

13.2.1 We will inform You as soon as is reasonably possible;

13.2.2 Our obligations under the Agreement will be suspended and any time limits will be extended accordingly;

13.2.3 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Services; and

13.2.4 You or We may terminate the Agreement (see Clause 11).

  1. Indemnity

You shall indemnify Us and hold Us harmless against any and all claims, demands, proceedings, damages, penalties, costs, losses, liabilities and expenses or any kind arising out of Your breach of these Terms & Conditions or as a result of any negligence or other breach of duty on Your part.

  1. Claims and Liability

15.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of the Agreement 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.

15.2 We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity or for any other economic loss.

15.3 We are not liable for:

15.3.1 any pre-existing faults or damage in or to Your property that We may discover while providing the Services;

15.3.2 any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Usor by the Operator or from Your breach of the Agreement; and/ or

15.3.3 any loss or damage due to improper installation of an item, or due to improper sealing of surfaces.

15.4 Our total liability for any loss or damage caused as a result of Our negligence or breach of these Terms & Conditions shall be limited to £2,500.00

15.5 Nothing in these Terms and Conditions is intended to or will limit or exclude Our liability for death or personal injurycaused by Our negligence or for fraud or fraudulent misrepresentation.

15.6 If You enter into the Agreement as a Consumer, nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation.

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

16.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and Your rights under the Data Protection Legislation.

16.2 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 Our Website at www.sparkleco.uk.

  1. Relationship between You and Us

Nothing in the Agreement or in these Terms & Conditions shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between You and Us other than the contractual relationship provided for in the Agreement and in these Terms & Conditions.

  1. Other Important Terms

18.1 We may from time to time change these Terms and Conditions. We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.

18.2 The Agreement contains the entire agreement and understanding between You and Us regarding its subject matter. You and We acknowledge and agree that, in entering into the Agreement, You and We have not relied on any representation, warranty or other provision except as expressly provided in the Agreement and that all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

18.3 You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission.

18.4 We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.

18.5 We shall be entitled to perform any of Our obligations under the Agreement through suitably qualified and skilled sub-contractors.

18.6 Subject to Clause 18.5, the Agreement is between You and Us. It is not intended to benefit any other person or third party in any way. Accordingly, the Contracts (Rights of Third Parties) Act 1999 shall not apply and no such third partywill be entitled to enforce any provision of the Agreement.

18.7 If any provision of the Agreement or these Terms and Conditions is held to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision in question will not be affected.

18.8 No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived thatright. 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.

  1. Notices

19.1 All notices under the Agreement shall be in writing and signed by a duly authorised officer of the party giving the notice.

19.2 Notices shall be deemed to have been duly given:

19.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours; or

19.2.2 when sent, if transmitted by e-mail during business hours (or, if sent outside business hours, at 9:00 a.m. on the following Business Day); or

19.2.3 on the second Business Day after posting, if mailed by pre-paid first class post.

19.3 In each case notices shall be addressed to the registered office address or e-mail address notified to the other Party.

  1. Law and Jurisdiction

20.1 These Terms and Conditions, the Agreement, and the relationship between You and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.

20.2 Any dispute, controversy or claim between You and Us relating to the Agreement, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.

 

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