Gleam Terms & Conditions
These Terms and Conditions shall apply to the provision of cleaning services by GLEAM, a Partnership, having a place of business at 6 Corstorphine Hill Road, Edinburgh, EH12 6LQ (“Gleam”) to customers that require their homes cleaned on a regular contractual basis.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Agreed Times” means the times which the Parties shall agree upon during which the Cleaner shall have access to the Property to render the Services;
“Cleaner” means the cleaner introduced to the Customer by Gleam who shall be responsible for rendering the Services to the Customer;
“Costs” mean the costs payable by the Customer to the Cleaner in exchange for the Services in accordance with the terms of Clause 5 below;
“Customer” means the individual that requires the Management Services and the Services subject to these Terms and Conditions;
“Management Services” means the services carried out by Gleam for the Customer and shall include finding a suitable Cleaner to carry out the Services; finding a replacement for the Cleaner in cases of absence due to illness or holiday; liaising with the Customer in regard to the Services; ensuring the Customer’s satisfaction with the Services at all times;
“Monthly Fee” means the fee payable by the Customer to Gleam for the Management Services in accordance with Clause 4 of these Terms and Conditions;
“Order” means the Customer’s initial request to acquire the Services from Gleam as set out in Clause 2 of these Terms and Conditions;
“Property” means the Customer’s home, at which the Services are to be rendered;
“Quotation” means a quotation detailing proposed fees and services supplied to the Customer in accordance with Clause 3 of these Terms and Conditions;
“Services” means the cleaning services provided by the Cleaner as detailed in Clause 6 of these Terms and Conditions;
“Service Period” means a period of one month which shall begin on the date agreed for the commencement of the Management Services and Services and repeat until the contract is cancelled or terminated in accordance with these Terms and Conditions; and
“Visit” means any occasion, scheduled or otherwise, on which the Cleaner shall visit the Property to render the Services.
1.2 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.3 Words imparting the singular number shall include the plural and vice versa.
1.4 References to any gender shall include the other gender.
1.5 References to persons shall include corporations.
2.1 These Terms and Conditions represent a contract between Gleam and the Customer.
2.2 The Customer agrees that any use of Gleam’s services, including placing an order for services by telephone, email or the internet shall constitute the Customer’s acceptance of these Terms and Conditions.
2.3 Unless otherwise agreed in writing by Gleam, these Terms and Conditions shall prevail over any other terms of business or purchase conditions put forward by the Customer.
2.4 No variation or alteration of these Terms and Conditions shall be valid unless approved in writing by Gleam.
3.1 Gleam accepts orders for its Services through telephone, email and the internet
3.2 When placing an Order the Customer shall set out the 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.
3.3 Once the Order is complete and submitted Gleam shall visit the Property and shall thereafter prepare and submit a Quotation to the Customer either by email or first class post which shall set out the Costs and the Monthly Fee, detailed in Clauses 3 and 4 respectively.
3.4 The Customer may accept the Quotation by telephone, email or first class post.
4. Fees and Payment
4.1 The Monthly Fee shall be:
4.1.1 £25 for weekly Services;
4.1.2 £12 for fortnightly Services;
4.2 The Monthly Fee shall be subject to amendment by Gleam for time to time.
4.3 Payment must be made prior to commencement of the Management Services and the Services by either bank transfer or standing order.
4.4 Failure to make payment in accordance with the terms of Clause 4.2 above shall result in a delay to the commencement of both the Management Services and the Services.
5.1 The Costs shall be payable by the Customer to the Cleaner directly at a rate of £8.00 per hour.
5.2 Payment of the Costs must be made before the Cleaner leaves the Property.
5.3 Although greatly appreciated and a powerful way to say “Thank you”, the Customer understands that tipping is not required.
6.1 The Services shall be rendered in accordance with the specification set out in the accepted Quotation (as may be amended by mutual agreement from time to time).
6.2 Gleam shall use all reasonable endeavours to ensure that the same Cleaner is always assigned to the Customer. If a particular Cleaner is unavailable Gleam shall inform the Customer of any change prior to a Visit.
6.3 Gleam shall ensure that the Services are rendered with reasonable care and skill and to a reasonable standard which is commensurate with best practice in the cleaning market.
6.4 Gleam shall ensure that it complies with any and all relevant codes of practice.
6.5 All cleaning products and equipment shall be provided by the Customer in accordance with sub-Clause 7.3.
6.6 Under no circumstances will the Cleaner move heavy furniture or other items in order to render the Services.
6.7 Unless specifically agreed at the time of the Order, the Cleaner shall not clean any items which appear to be antique or fragile or which, in the Cleaner’s sole judgement, may be damaged as a result of cleaning.
6.8 If the Customer requires kitchen cupboards, fridges or freezers to be cleaned internally it shall be the Customer’s responsibility to empty the same prior to the Visit on which they are to be cleaned.
6.9 If cleaning work beyond the normal remit of the Services is required (to clean up a serious spillage, for example) Gleam shall first obtain the Customer’s consent to perform such work and shall charge the Customer accordingly.
6.10 The Cleaner is not allowed to use and work with bleach or bleach containing products. Gleam advises the Customer to avoid supplying such products to the Cleaner. Gleam will not be liable under any circumstances for any damages caused to the Property caused by bleach or bleach containing products.
7. Customer’s Obligations
7.1 The Customer shall ensure that the Cleaner can access the Property at the Agreed Times to render the Services.
7.2 The Customer shall have the option of giving the Cleaner a set of keys to the Property or being present at the Agreed Times to give the Cleaner access. Gleam warrants that all keys shall be kept safely and securely by Cleaners.
7.3 The Customer shall provide all appropriate cleaning products and equipment and shall ensure that all equipment is in good and safe working order. Gleam shall not be responsible for the Cleaner’s inability to render the Services effectively where this results from non-availability of cleaning products or equipment.
7.4 The Customer shall ensure that the Cleaner has access to electrical outlets and a supply of hot and cold running water.
7.5 The Customer must give Gleam at least 24 hours notice if the Cleaner will not be required to provide the Services on a particular day or at a particular time. Gleam will not charge for cancelled Visits provided such notice is given. If less than 24 hours notice is given Gleam shall charge the Customer at the normal rate.
8.1 The Customer may cancel Management Services and the Services at any time by giving at least 30 days prior written notice to Gleam.
8.2 The notice to cancel shall take effect at the end of the Service Period within which it is served.
9.1 Gleam’s total liability for any loss or damage caused as a result of its negligence or breach of these Terms and Conditions (or that of the Cleaner) shall be limited to £1,000,000.
9.2 The Customer accepts that due to the nature of the Service, Gleam only guarantees only to correct any problems or rectify any damage reported to it within 24 hours of the carrying out of the Service by the Cleaner.
9.3 Gleam is not liable under any circumstances for any loss or damage suffered by the Customer arising from or in any way connected with:-
9.2.1 Services which are not complete due to the lack or suitable/enough cleaning materials, lack of hot water or electricity, or equipment not in full working order;
9.2.2 A third party entering or present at the Property during the commission of the Services;
9.2.3 Any existing damage to the Property in the form of old stains/burns/spillages, etc which cannot be cleaned/removed completely by the Cleaner using the Customer’s cleaning equipment and in accordance with the industry standard cleaning methods;
9.2.4 Any damages caused by faulty/not in full working order equipment or materials supplied by the Customer;
9.2.5 The Customer’s failure to follow any instructions given by Gleam or the Cleaner.
9.4 Gleam shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation which may be suffered or incurred by the Customer arising from or in any way connected with a late arrival of the Cleaner at the Property. Gleam endeavours that the Cleaner will be on time but occasionally due to factors beyond the Cleaner’s control, for example, transport related, the Cleaner may arrive late.
9.5 However, Gleam shall be liable for the cost of repair of an item damaged by the Cleaner. If the item cannot be repaired Gleam will pay the Customer the item’s present actual cash value toward a replacement. Identical replacement is always attempted but not guaranteed. For this specific reason, Gleam requests that all irreplaceable items be stored away and/or not cleaned by the Cleaner.
9.6 Nothing in these Terms and Conditions shall limit or exclude Gleam’s liability for death or personal injury caused by Gleam’s negligence or the negligence of its employees (if any), agents or subcontractors.
10. Restriction on employment of Cleaners
The Customer is liable for an employment referral fee of £500.00 per person should he directly employ (either legally or on a cash basis) any Cleaner currently sub-contracted by Gleam, or sub-contracted by Gleam within the 1 year period prior to such employment. The Customer agrees to pay this fee whether he notifies Gleam of his action or Gleam discovers this employment independently at any time after it occurs. The Customer further agrees to reimburse Gleam for any and all collection or legal fees Gleam incurs in collecting this fee.
11. Data Protection
Gleam will not share the Customer’s personal data with any third parties for any reason without the prior consent of the Customer. Such data will only be collected, processed and held in accordance with Gleam’s rights and obligations arising under the provisions and principles of the Data Protection Act 1998.
12. Our Guarantee
Gleam believes in providing its clients with the best possible cleaning service available. However, Gleam is aware that mistakes are sometimes made and therefore Gleam offers a guarantee to all Customers. If the Customer is not satisfied with the standard of cleaning in any area of the Property after completion of the cleaning, Gleam will ensure that the areas in question are re-cleaned to the Customer’s satisfaction, free of charge.
13. Law and Jurisdiction
The Agreement and these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of Scotland.