Background
These Terms and Conditions are the standard terms which apply to the provision of window cleaning services by Gleam Contract Services Ltd and delivered directly or via one of it's approved franchisees (“the Trader”) to customers who require window cleaning services to be provided at their home 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
1.1 - In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
1.2 - Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic communications whether sent by e-mail, text message, online 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 - Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.
1.5 - Each reference to a Schedule is a reference to a schedule to these Terms and Conditions.
1.6 - The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
1.7 - Words signifying the singular number will include the plural and vice versa.
1.8 - References to any gender will include any other gender.
1.9 - References to persons, unless the context otherwise requires, include corporations.
2. Information about Us
1.1 - We are a Limited Company
1.2 - We trade under the name Gleam Contract Services Ltd
1.3 - We are registered in England under company number 09355592
1.4 - Our registered office address is 160 Eureka Park, Upper Pemberton, Ashford, Kent, TN25 4AZ
1.5 - Our VAT number is GB282666570
3. Communication and Contact Details
1.1 - If You wish to contact Us with questions or complaints, You may contact Us by telephone at 03333 44 64 94 or by email at [email protected]
4. Orders
1.1 - We accept orders for Window Cleaning Services via our Website (https://teamgleam.co.uk)
1.2 - When placing an Order You should set out, in detail and as requested by our Website, the Window Cleaning Services required. Details required include the location and size of the Property, the number of floors the Property has, the number of windows in the Property and the frequency of Visits required. Our Website provides You with an order form containing prompts for all required information.
1.3 - Based on the information You provide We will prepare a Quotation via Our Website. The Quotation will set out the required Fee (see Clause 5).
1.4 - We will provide a range of dates for you to select to begin our Window Cleaning Services (the Start Date)
1.5 - If We cannot accept your Order, We will inform you of this via our Website.
1.6 - You may make changes to the Order and Quotation before accepting it.
1.7 - You may accept a Quotation by providing Your contact and payment information, and registering on Our Website. At this point the Quotation is treated as Accepted.
1.8 - When (but not before) You have accepted Our Quotation, a legally binding contract between You and Us will be created for Us to provide the Window Cleaning Services and for You to pay for them.
1.9 - 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 Clause 10 and/or 11.
5. Fees and Payment
1.1 - We will calculate the Fee based on the following factors:
1.a.1 The location of Your Property
1.a.2 The size of Your Property
1.a.3 The number of windows in Your Property
1.2 - The Monthly Fee is inclusive of VAT. If the rate of VAT changes, We will adjust the amount of VAT that You must pay.
1.3 - We will invoice You at the end of each Visit for the Window Cleaning Services provided during that Visit.
1.4 - You must pay each invoice within 7 calendar days of receiving it.
1.5 - We accept the following methods of payment:
5.a.1 Credit or debit card
1.6 - We will automatically charge Your saved payment method when each invoice is generated, after each Visit.
1.7 - We may pre-authorise Your saved payment method up to 24 hours prior to our Visit. This will not charge you payment method, but will allow us to place a hold on funds to ensure payment will be available
1.8 - We do not accept payment by cheque or in cash
1.9 - If You do not pay an invoice by the due date We may charge You interest on the overdue sum at the rate of 5% above the base rate of The Bank of England from time to time until payment in full is made. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.
1.10 - If You have promptly contacted Us to dispute an invoice in good faith, We will not charge interest while such a dispute is ongoing.
6. Window Cleaning Services
1.1 - We will provide the Window Cleaning Services in accordance with the specification set out in the accepted Quotation (as may be amended by agreement between You and Us from time to time).
1.2 - We will begin to provide the Window Cleaning Services on the Start Date and will continue to provide the Window Cleaning Services until the Agreement is terminated by You or Us in accordance with these Terms and Conditions.
1.3 - We will use reasonable endeavours to ensure that You are always assigned the same Window Cleaner. If a particular Window Cleaner is unavailable We update Your Account on Our Website to reflect this.
1.4 - We will ensure that the Window Cleaning Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best practice in the window cleaning market.
1.5 - We will ensure that We comply with all relevant codes of practice.
1.6 - We will ensure that no parts of the Property suffer damage as a result of Our provision of the Window Cleaning Services. We will make good any damage that occurs at no additional expense to You as soon as is reasonably possible
1.7 - If work beyond the normal remit of the Window Cleaning Services is required (periodic cleaning of skylights or other hard to reach windows, 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.
1.8 - We will only carry out work in accordance with the Quotation. If on arrival your Property has more than the stated number of windows, we will provide the option to only clean the number of windows specified in the Quotation, or adjust the Quotation to reflect the higher number of windows
7. Problems with Our Service
1.1 - If there is a problem with the result of the Window 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.
1.2 - We always use reasonable efforts to ensure that Our provision of the Window Cleaning Services is trouble-free. If, however, there is a problem with the Window Cleaning Services We request that You inform Us as soon as is reasonably possible. We will use reasonable efforts to remedy problems with the Window Cleaning Services as quickly as is reasonably possible and practical.
1.3 - We will not charge You for remedying problems under this Clause 7 where the problems have been caused by Us. 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.
1.4 - 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.
1.5 - If We do not perform the Window 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;
1.6 - If the Window 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 Window Cleaning Services), You have the right to a reduction in price.
1.7 - If for any reason We are required to repeat the Window 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 Job 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 only.
1.8 - We may provide the ability to rate Your Window Cleaning Services via Our Website after each Visit. We may from time to time contact You regarding any rating you provide, however rating a Window Clean via our Website does not constitute you letting us know about Problems with Our Service as indicated in Clause 7. You should contact Us separately about Problems with Our Service.
8. Your Obligations
1.1 - You will ensure that the Window Cleaner can access the Property on the Agreed Dates to provide the Window Cleaning Services.
1.2 - If the Window Cleaner requires access via a locked gate or door, You may either give the Window Cleaner a key or be present on the Agreed Dates to give the Window Cleaner access. Any keys or key codes will be kept safely and securely by Window Cleaners.
1.3 - You must let Us know by 5pm the day before your Visit if You do not require the Window Cleaner to provide the Window Cleaning Services on a particular Agreed Date. If you cancel Our Visit after 5pm the day before the Visit date we will invoice You at the normal rate.
1.4 - If you cancel Our Visit before 5pm the day before the Agreed Date, We will invoice you a reservation fee of £ including VAT.
1.5 - If you cancel a Visit for the first time, we will not invoice you for the cancellation.
1.6 - If You do not provide the required access to the Property or make it impossible for Us to provide the Window Cleaning Services by failing to comply with any other provision in this Clause 8, and do not have a good reason for this, We may invoice you for any additional charges incurred as a result.
9. Complaints and Feedback
1.1 - 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.
1.2 - All complaints are handled in accordance with Our complaints handling policy and procedure, available from https://teamgleam.co.uk/contact/complaints.
1.3 - If You wish to complain about any aspect of Your dealings with Us, please email Our support team at: [email protected] or telephone us on: 03333 44 64 94
10. Termination
1.1 - You may terminate the Agreement at any time by giving Us at least 7 days notice.
1.2 - You may terminate the Agreement with immediate effect by giving Us written notice if:
2.a.1 We have breached the Agreement in any material way and have failed to remedy that breach within 14 days of You asking Us in writing to do so;
2.a.2 We enter into liquidation or have an administrator or receiver appointed over Our assets;
2.a.3 We cannot accommodate a change requested by You or You do not accept the change in the fees charged by Us to accommodate such a change;
2.a.4 We are unable to provide the Window Cleaning Services due to an event outside of Our control (see Clause 13);
2.a.5 We wish to change these Terms and Conditions to Your material disadvantage.
1.3 - 1.3 We may need to terminate the Agreement before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform You as soon as is reasonably possible.
1.4 - After the Start Date, We may terminate the Agreement at any time by giving You at least 14 days written notice.
1.5 - We may terminate the Agreement with immediate effect by giving You written notice if:
5.a.1 You fail to make a payment on time as required under Clause 5 (this does not affect Our right to charge interest on overdue sums under sub-Clause 5.9);
5.a.2 You have breached the Agreement in any material way and have failed to remedy that breach within 14 days of Us asking You in writing to do so; or
5.a.3 We have been unable to provide the Window Cleaning Services for more than 12 weeks due to an event outside of Our control (see Clause 13); or
5.a.4 ou do not provide the Window Cleaner with access to the Property or otherwise make it impossible for the Window Cleaner to provide the Window Cleaning Services, and We have been unable to contact You to re-arrange the Window Cleaning Services under sub-Clause 8.6.
1.6 - For the purposes of this Clause 10 a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. 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. Effects of Termination
1.1 - If the Agreement is terminated for any reason, the provisions of this Clause 11 will apply.
1.2 - If at the termination date:
2.a.1 You have made any payment to Us for any Window 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 if We terminate it under sub-Clauses 10.5.1, 10.5.2, or 10.5.4.
2.a.2 We have provided Window 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 in accordance with Clause 5.
1.3 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.
1.4 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 which exist at or before the date of termination.
12. Events Outside of Our Control (Force Majeure)
1.1 - 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.
1.2 - If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
2.a.1 We will inform You as soon as is reasonably possible;
2.a.2 Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
2.a.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 Window Cleaning Services as necessary;
2.a.4 You or We may terminate the Agreement (see Clause 11)
13. Liability
1.1 - 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.
1.2 - We will maintain suitable and valid insurance including public liability insurance.
1.3 - We provide Window Cleaning Services for domestic and private purposes only. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. 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.
1.4 - 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 Window Cleaning Services.
1.5 - 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 Window Cleaner.
1.6 - 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.
1.7 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.
14. How We Use Your Personal Data (Data Protection)
1.1 - 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.
1.2 - 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 https://teamgleam.co.uk/legal/privacy
15. Other Important Terms
1.1 - 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.
1.2 - 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.
1.3 - You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).
1.4 - 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.
1.5 - 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.
1.6 - 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.
16. Law and Jurisdiction
1.1 - 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
1.2 - As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
1.3 - 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.