Terms and Conditions for Subcontractors:  

 

1. ENGAGEMENT OF SUBCONTRACTOR 

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1.1 The Contractor engages the Subcontractor for a non-specific period to provide domestic and commercial cleaning and ironing services (the “Work”), following the terms and conditions of this Agreement.

1.2 This appointment is mutually non-exclusive, and the Subcontractor shall be entitled, at his own expense, to substitute or to employ some other worker, having the requisite skills and who is acceptable to the Contractor, to perform the Work. 

The Subcontractor shall, in any event, always provide such a substitute where the provision of the Work is unduly delayed by absence due to incapacity or for any other reason upon notification by a duly authorised representative of the Contractor that the delay occasioned is unacceptable. 

1.3 It is understood and agreed that the Subcontractor’s activities and those of his substitutes or employees are always under its exclusive direction and control.

1.4 The Subcontractor is fully responsible for the quality of the work completed and for ensuring that anyone approved by him performs the Work professionally and with reasonable care. Otherwise, due to a lack of professionalism, all necessary refunds will be paid back to the customer by the subcontractor.

1.5 The Subcontractor is responsible for organising how and in what order the Work is done and shall liaise with the Contractor’s representative to ensure that due account is taken of the impact of the timing of the Work to be performed upon the activities of the Contractor and any other sub-contractors also engaged by the Contractor.                     

1.6 The Subcontractor shall be responsible for rectifying any unsatisfactory work at his own expense. 

1.7 The grant/acceptance of this appointment does not create any mutual obligations on the part of the Contractor or the Subcontractor to offer/accept any further appointment, and no continuing relationship shall hereby be created or implied. 

1.8 The Subcontractor is the subcontractor that undertakes to fulfil its confidentiality obligations undertaken with a confidentiality agreement, signed separately but connected with this agreement.

1.9 The Subcontractor undertakes to fulfil its abstinence from competitive activity obligations undertaken with the agreement, signed separately but connected with this agreement.

 

2. DISCLOSURE AND BARRING SERVICE (DBS) 

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2.1 Due to the nature of the industry in which we operate, all Subcontractors who are offered to perform commercial cleaning services must be DBS checked. We will require a copy of your relevant certificate before engaging your services for Work as a Subcontractor. If the Subcontractor doesn’t provide a copy of their DBS check, they are fully responsible for any damages, losses, or stolen reports against them during the cleaning

2.2 If you are required to undergo a DBS check, you will be responsible for the payment of this. 

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3. INDEMNITY 

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3.1 The Subcontractor shall, [subject to clause 2.2] be liable for and shall indemnify the Company against any costs, liability, damages, loss, claims or proceedings in respect of any injury or damage whatsoever to any property where such injury or damage arises out of or in the course of or because of the performance of the Work; provided that it is due to the negligence, breach of statutory duty, or omission or default of the Sub Contractor his servants or agents, or of any person for whom the Subcontractor is responsible.  

4. PROVISION OF EQUIPMENT AND PROTECTIVE CLOTHING 

4.1 The Client shall be responsible for the provision of the following equipment in good working order that is needed to perform the Work: 

4.1.1 Vacuum cleaner 

4.1.2 Mop and bucket 

4.1.3 All general cleaning materials AND/OR 

4.2 The Subcontractor shall be responsible for the provision of its own equipment and shall include the following to perform the Work: 

4.2.1 Microfiber Cleaning Cloths

4.2.2 Sponge (metal and standard fabric sponge)

4.2.3 Gloves, masks and any necessary protection staff

4.2.4 Apron/Uniform with Contractors logo on it (provided by the Contractor to the Subcontractor)

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5. INSURANCE 

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5.1 The Subcontractor agrees to have active public liability insurance for the services provided to the Client, with a minimum indemnity limit of £1 000 000.00 in any occurrence. If the Subcontractor fails to have Insurance or fails to renew their Public Liability Insurance, then the same is responsible for covering all damages/ losses, thefts to the client’s properties or any legal fees that occurred.

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6. STATUS OF THE SUBCONTRACTOR 

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6.1 The Subcontractor’s relation to the Contractor is that of an independent contractor and shall have the status of a self-employed person and shall be responsible for all Income Tax and National Insurance or similar taxes or contributions in respect of the consideration payable hereunder, and the Subcontractor hereby indemnifies the Contractor in respect of any claims that may be made by the relevant authorities against the Contractor in respect of Income Tax or National Insurance or similar taxes or contributions, including interest and penalties, relating to the Work of the Subcontractor hereunder.

6.2 The Subcontractor agrees to be responsible for his/her expenses and Value Added Tax.  

6.3 The Subcontractor agrees to follow the schedule of the appointments provided by the Contractor and to check for any changes, cancellations and any other amends daily     

6.4 Nothing in this agreement shall be deemed to create any partnerships, joint ventures or employment relationships between the parties. 

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7. FEES and PAYMENT 

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7.1 The agreed consideration for the provision of the Work is as follows:

7.1.1 A fee of £14.00 per hour for regular or one-off domestic cleaning services shall be payable to the Subcontractor.            

7.1.2 A fee of £13.00 per hour for any office or commercial cleaning services shall be payable to the Subcontractor. (If during this update you have any office and commercial jobs assigned to you, they will remain at the same price of 13 GBP per hour. All new jobs assigned after the 1st of June 2023 will be assigned to you and payable 12 GBP per hour)

7.1.3 All jobs where the subcontractor has to attend and provide cleaning detergents will be paid plus £1.00 per hour on top of the hourly rate payable to the Subcontractor.

All payments shall be made weekly on Mondays in arrears by the one week following the completion of the relevant work. The Subcontractor agrees to send a weekly report at the end of each week to the following email: otchet.ivscleaning@gmail.com. 

Some payments will be paid directly to your bank account by the Customer. Those payments include your pay rate amount plus the company rate fee. You must report the Company fee to us at the end of each report. When the Company approves the weekly report, you will receive the rest of the amount owed to you, which has yet to be paid to you after the deduction of our fee.

7.1.4 Unless agreed otherwise, the Subcontractor shall submit an invoice to the Contractor on the last day of each week, detailing the Work undertaken the hours worked within that week and the fees due in respect thereof.  

             OR 

7.1.5 If there are periods where there is no Work for the Subcontractor to perform, the Subcontractor shall not be paid a retainer for these periods.  The fee is only payable with respect to the work performed.

7.1.6 The Contractor is entitled to deduct from any fees or expenses payable to the Subcontractor any sums that the Subcontractor owes to the Contractor at any time. 

7.2 All payments made under this Agreement are expressed exclusive of any value-added tax chargeable. 

7.3 No further payment will be made to the Subcontractor for the Workover and above the entitlement contained in this clause, and without limitation, no payment will be made to the Subcontractor in respect of any expenses incurred by the Subcontractor in performing the Work. 

7.4 The Subcontractor shall be entitled to be reimbursed by the Contractor for all out-of-pocket expenses wholly, exclusively and properly incurred in the performance of the Work subject to the Subcontractor providing the Contractor with original vouchers, receipts or other evidence of actual payment of such expenses and subject to the expenses being specifically agreed in advance by the Contractor. 

7.5 The Subcontractor agrees that by accepting to attend a regular address provided by the Contractor, they have to continue attending the address for at least six months before requesting cancelling the address. Otherwise, the Subcontractor will be requested to pay the Contractor a management fee of 50GBP for each cancellation of a regular agreement.

7.6 The Subcontractor agrees to be available for work with the Contractor for at least a minimum of 20 hours per week; otherwise, there is a monthly fee subscription of 25 GBP payable from the Subcontractor to the Contractor for using our online platform called "IVS Professionals."

7.7 The Subcontractor agrees that if, for any reason, misses attending an agreed appointment without 48 hours' notice to the Contractor, they will be charged for not attending the appointment fee of GBP 20. All schedules and appointments are visible online by each Subcontractor on the platform "IVS Professionals."

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8. CONFIDENTIALITY 

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8.1 The Subcontractor hereby agrees that during the course of his/her appointment under this Agreement, he/she is likely to obtain knowledge of trade secrets and also other confidential information about the business and other affairs of the Contractor and those of the Contractor’s clients, customers and suppliers details of which are not in the public domain. 

8.2 The Subcontractor agrees that he/she will not use, divulge or communicate to any person, firm or organisation (except in the proper course of their duties) any of the trade secrets or other confidential information of the Contractor relating to the business and other affairs of the Contractor which you may have received or obtained or which has come to your knowledge while performing Work for the Contractor. 

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9. NON-COMPETITION AND NON-SOLICITATION 

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9.1 The Subcontractor shall not, during the course of the provision of the Work or for 48 months following the termination or expiry of this Agreement, provide like services to any competitor of the Contractor. The Contractor may waive this restriction entirely or on a per-competitor basis upon receipt of a written request from the Subcontractor. 

9.2 The Subcontractor shall not, during the course of the provision of the Work or for 48 months following the termination or expiry of this Agreement, solicit any of the Contractor’s clients and/or employees with which the Subcontractor has had dealings during the twelve months before the date of termination or expiry or any other clients of which the Subcontractor knows. Otherwise, the subcontractor must pay the company a penalty of 2000 GBP for breaking the rule from this point onward. 

The Contractor may waive this restriction entirely or on a per-client and/or per-staff-member basis upon receipt of a written request from the Subcontractor.  No waiver may be given if it violates any prior agreement between the Contractor and the client in question as to the sharing of the client’s details.

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10. DATA PROTECTION 

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10.1 The Contractor and the Subcontractor agree to comply with all applicable data protection legislation, including but not limited to the Data Protection Act 1988 and any subsequent amendments to that.  The Subcontractor agrees to the Contractor holding and processing personal data (including sensitive personal data) relating to him/her for personnel, administrative and management reasons. 

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11. FORCE MAJEURE 

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11.1 No Party to this Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any because that is beyond the reasonable control of that Party (“Force Majeure”).  Such causes include, but are not limited to, power failure, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

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12. RETURN OF PROPERTY 

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12.1 Upon the expiry or termination of this Agreement for whatsoever cause or reason, the Subcontractor shall return forthwith to the Contractor or its authorised representative all items which may be in his/her possession and which are the property of the Contractor or which otherwise relate in any way to the Contractor or its clients or customers. 

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13. TERMINATION 

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13.1 This agreement is terminable at any time by the Contractor, except when the Subcontractor is on holiday, requested by email or by the Subcontractor by not less than two weeks' notice in writing to the other party and without giving any reason for such termination. (info@ivscleaning.co.uk). If the Subcontractor doesn't give the Contractor written notice within two weeks, the last payment owed by the Contractor to the Subcontractor can be held to cover the costs for unexpected changes and issues.

13.2 In addition, the Contractor shall have the right to terminate this Agreement at any time by summary notice without any payment in lieu in the following circumstances: 

13.2.1 either party fails to comply with the terms and obligations of this Agreement, and such failure, if capable of remedy, is not remedied within fourteen days of written notice of such failure from the other party; 

13.2.2 the Subcontractor goes into bankruptcy or liquidation either voluntarily or compulsorily (save for bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets. 

13.3 The termination of this Agreement shall be without prejudice to any rights which have already accrued to either of the parties under this Agreement.

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14. SEVERANCE 

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14.1 If one or more of the provisions of this Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of this Agreement.  The remainder of this Agreement shall be valid and enforceable. 

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15. DISPUTE RESOLUTION 

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15.1 The Parties shall attempt to resolve any dispute arising out of or relating to this Agreement through negotiations between their appointed representatives who have the authority to settle such disputes. 

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16. MISCELLANEOUS 

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16.1 This Agreement contains the whole agreement between the Subcontractor and the Contractor and supersedes any prior agreement between the parties, whether written or oral and such prior agreements are cancelled as from the date hereof, and both parties acknowledge they have no claim against the other in respect of any previous agreement. 

16.2 Any notice to be served by either of the parties on the other shall be sent by prepaid recorded delivery or registered post to the address shown in this Agreement or to such address as that party shall have notified the other in writing taking effect for the purposes of this Clause or Agreement, and shall be deemed received 48 hours after posting. 

16.3 The headings in this Agreement are for reference purposes only and shall not be incorporated into this agreement. 

16.4 In this agreement, unless the context otherwise requires, words in the singular include the plural and vice versa, words importing any gender include any gender, and a reference to a person includes a reference to a corporate body and an unincorporated body of persons. 

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17. GOVERNING LAW AND JURISDICTION 

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This Agreement shall be governed by the laws of England and Wales, and any dispute concerning it or its interpretation shall be adjudicated in that jurisdiction.

 

Last update: 01 Mar 2024

IVS Cleaning LTD