BUSINESS TO CONSUMER – OFF PREMISES/DOORSTEP SELLING – SUPPLY OF GOODS, SERVICES and DIGITAL CONTENT
*** Sundays are charged an additional fee of 20% for regular cleans, 40% for tenancy/deep/one-off cleaning services on top of the regular invoice price ***
***PREMIUM DAYS - Premium days are 25th, 26th and 31st December and 1st January. All work booked these days are charged at 3 times the usual rate. for example, £22 per hour will be charged at £66 per hour, an £85 oven clean will be £255 for the same clean***
****Please note that Parking, ULEZ and Congestion charges will apply, and permits must be provided in areas they are required at the Client's cost. ****
*** Cleaning services will need a 50% deposit will be required for all bookings including Tenancy, Deep, Spring, Post - build, Oven, One-off, and Carpet Cleaning ***
Our terms:
1. These terms
1.1 These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Please read these terms carefully before you submit your order to us or book our services. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 "Walkthrough" - means the pre-clean visit to check for risks, estimate the booking time of cleaning and estimate the price.
1.4 "Cleaning Visit" – means the visit to the Client's service address by the cleaner or cleaning team in order to carry out the Service.
1.5. Unless the context requires otherwise, reference to the singular include the plural, and references to the masculine include the feminine and vice versa.
1.6. Headings are inserted for the convenience of the parties to the agreement and are not to be considered when interpreting this agreement.
2. Contract
2.1 These Terms and Conditions represent a contract between Done & Dusted and the Client.
2.2 Both parties shall ensure that their respective responsibilities under this agreement are undertaken in compliance with all statutory regulations and codes of conduct.
2.3 The Client agrees that any use of the Company's services, including placing an order for services by telephone, email, or website forms, shall constitute the Client's acceptance of these Terms and Conditions.
2.4 Unless otherwise agreed in writing by a director of the Company, these Terms and Conditions shall prevail over any other terms of business or purchase conditions put forward by the Client.
2.5 No variation or alteration of these Terms and Conditions shall be valid unless approved in writing by a director of the Company.
3. Quotations
3.1. End of Tenancy Cleaning is charged per job, taking into account the current condition, number of rooms, bathrooms, WCs, shower rooms and en-suites. Please note that we do not charge per hour per Cleaner, and the number of operatives attending your property may vary. We may send a trainee, young cleaner with a cleaning technician. The number of operatives in a team cannot affect the initially quoted price.
3.2 The quoted price does not include extras like oven cleaning, external windows, carpet and upholstery cleaning, stripping and polishing floors, washing up dishes, taking more than (5) five items out of cupboards and then putting them back in, dusting books, cleaning walls/ceilings, cleaning balconies/terraces, cleaning patios/gardens/. Those extra services are priced separately.
3.3. The Company uses national average room sizes when calculating quotations over the phone.
3.4. All quotations are given by the Company following a request by the Client and shall remain open to acceptance for 14 days from their date.
3.5. The Company reserves the right to amend the initial quotation should the Client's original requirements change, or the property is in a worse condition from the walkthrough.
3.6. Differences in excess of 10% will be discussed with the Client before the start of the work. In such cases, the Client will have to pay a 75% cancellation fee if he does not accept the updated price.
4. VAT
4.1. The Company is currently registering for VAT. Any shown prices exclude VAT.
5. Equipment
5.1. The Company shall provide all cleaning supplies and equipment necessary for the Service if a team in a car are attending. We ask clients provide a mop & bucket, and a vacuum in good working order for our team members who travel on public transport.
5.2. The Client must provide hot running water, electricity and sufficient light at the premises where the Service occurs.
6. Information about us and how to contact us
6.1 We are Lou’s Little Cleaning Co Ltd TRADING AS Done & Dusted Services a COMPANY REGISTERED in England and Wales. Our company registration number is 13179422 and our registered office is at 36 Furness Road, Morden, Surrey SM4 6PR
6.2 You can contact us by telephoning our customer service team at 02035611404 or by writing to us at [email protected] or Done & Dusted Services, 36 Furness Road, Morden, Surrey SM4 6PR.
6.3 If we have to contact you we will do so by telephone, or by writing to you at the email address or postal address you provided to us in your order.
6.4 When we use the words "writing" or "written" in these terms, this includes emails, social media messages, text messages and WhatsApp messages.
6.5 When we use the word "order" in these terms, this includes booking, and downloads.
7. Our contract with you
7.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. Our acceptance of your booking will take place once full payment is received for our regular services or a deposit of 50% is received for our extra services including but not limited to Tenancy/after-build, deep/spring, oven or carpet cleaning services for all one off and first-time clients.
7.2 If we do not receive your payment within 24 hours from the invoice being sent your booking will be cancelled and the invoice will be subject to late fees as per our terms.
7.3 If we are unable to accept your order, we will inform you of this and will not charge you for the product or service. This might be because the product is out of stock, damage to stock or because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product because we are unable to meet a delivery deadline you have specified or because we do not have a team or cleaner available on the required date or time.
7.4 We will assign an order number to your order and tell you what it is when we accept your order for our products or downloads, for our services you will be issued an invoice. It will help us if you can tell us the order number or the first line of your address whenever you contact us about your order.
7.5 Our website is solely for the promotion of our products and services in the UK. Unfortunately, we do not accept orders or bookings from addresses outside the UK.
8. Our products
8.1 The images of the products, product packaging and services on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products.
Your product may vary slightly from those images.
9. Your rights to make changes
If you wish to make a change to the product or the service you have ordered/booked please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product/service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
10. Our rights to make changes
10.1 We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the product. We may change the service to reflect changes in staff availability and changes in bookings and to implement minor technical adjustments and improvements.
10.2 In addition, we may make changes to these terms, services or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
11. Providing the products
11.1 The costs of delivery will be as set out in our website listing or notified to you in writing before you place your order.
11.2 During the order process we will let you know when we will provide the products to you.
(a) If the products are goods, we will deliver them to you as soon as reasonably possible. We will contact you with an estimated delivery date.
(b) If the products are one-off services, we will begin the services on the date agreed with you during the order process.
(c) If the products are ongoing services or a subscription to receive goods or digital content, we will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
(d) If the product is a one-off purchase of digital content, we will make the digital content available for you to download as soon as we accept your order.
11.3 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
11.4 If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of Monday to Thursday 10 am to 5 pm and Friday’s 10 am to 2.30 pm (excluding public holidays).
11.5 If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery OR collect the products from a local depot.
11.6 If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
11.7 If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.
11.8 You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods, then you may treat the contract as at an end straight away if any of the following apply:
(a) We have refused to deliver the goods;
(b) Delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) You told us before we accepted your order that delivery within the delivery deadline was essential.
11.9 If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.8, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
11.10 If you do choose to treat the contract as at an end for late delivery under clause 7.8 or clause 7.9, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums, you have paid to us for the cancelled goods but not their delivery cost. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 02035611404 or email us at [email protected] for a return label or to arrange collection.
11.11 A product which is goods will be your responsibility from the time we deliver the product to the address you gave us, or you collect it from us.
11.12 You own a product which is goods once we have received payment in full.
11.13 We may need certain information from you so that we can supply the products to you. If so, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
11.14 We may have to suspend the supply of a product to:
(a) Deal with technical problems or make minor technical changes;
(b) Update the product to reflect changes in relevant laws and regulatory requirements;
(c) Make changes to the product as requested by you or notified by us to you (see clause 6).
11.15 We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 3 MONTHS, you may contact us to end the contract for a product and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
11.16 If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts including any fees and interest. As well as suspending the products we can also charge you interest and compensation on your overdue payments (see clause 12.5).
12. Your rights to end the contract
12.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed (refunds and discounts are not offered for out services) or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 12.2;
(c) If you have just changed your mind about the product, see clause 12.4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions, and you will have to pay the costs of return and restocking of any goods; for administration costs.
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 12.7.
12.2 If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we may refund you in full for any products which have not been provided. The reasons are:
(a) We have told you about an upcoming change to the product or these terms which you do not agree to (see clause 3.2);
(b) We have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
(c) There is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) We have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 6 MONTHS; or
(e) You have a legal right to end the contract because of something we have done wrong.
12.3 Non-Soliciting Clause
For a period of twenty-four (24) months following the termination or cancellation of any cleaning service contract between the Client and Done and Dusted Cleaning Services, the Client agrees not to solicit, hire, employ, contract, or engage, directly or indirectly, the employees or contractors of Done and Dusted Cleaning Services for the provision of similar or related cleaning services. In the event that the Client breaches this Non-Soliciting Clause and engages, directly or indirectly, any employee or contractor of Done and Dusted Cleaning Services for cleaning services within the twenty-four (24) month period, the Client shall be liable to pay a finders fee to Done and Dusted Cleaning Services, as specified in the original cleaning service contract. For the purpose of this Clause, "solicitation" includes any effort, whether formal or informal, to employ or engage the employees or contractors of Done and Dusted Cleaning Services.
12.3.1 In the event that the Client breaches this Non-Soliciting Clause and engages, directly or indirectly, any employee or contractor of Done and Dusted Cleaning Services for cleaning services within the twenty-four (24) month period, the Client shall be liable to pay a finder's fee of £500 to Done and Dusted Cleaning Services. For the purpose of this Clause, "solicitation" includes any effort, whether formal or informal, to employ or engage the employees or contractors of Done and Dusted Cleaning Services. This encompasses but is not limited to job offers, recruitment attempts, direct employment, or indirect engagement.
12.4 For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
12.4 You do not have a right to change your mind in respect of:
(a) Item made to your specifications, or which are clearly personalised;
(b) Digital products after you have started to download or stream them;
(c) Services, once these have been completed, even if the cancellation period is still running;
(d) Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(e) Sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
(f) Any products which become mixed inseparably with other items after their delivery.
12.5 How long you have to change your mind depends on what you have ordered and how it is delivered.
(a) If you have bought services, you have until 48 hours before your booking to cancel, if less than 48 hours but more than 24 hours' notice is given 50% of the total cost will be kept. If you cancel with less than 24 hours' notice the full cost of that cleaning will be charged. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided in full.
(b) If you bought digital content for download or streaming, you have 14 days after the day we contact you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
(c) If you have bought goods, you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery to change your mind about the goods.
(ii) Your goods are for regular delivery over a set period, you have until 14 days after the day you receive the first delivery of the goods.
12.6 Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
13. How to end the contract with us (including if you have changed your mind)
13.1 To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 02085611404 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Simply write to us at 36 Furness Road, Morden, Merton SM4 6PR, including details of what you bought, when you ordered or received it and your name and address.
13.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at 36 Furness Road, Morden, Merton, SM4 6PR or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 02085611404 or email us at [email protected] for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us, you wish to end the contract.
13.3 We will pay the costs of return:
(a) If the products are faulty or misdescribed;
(b) If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) If you are exercising your right to change your mind within the cooling off period.
In all other circumstances, you must pay the costs of return.
13.4 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
13.5 We will refund you the price you paid for the products but not including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
13.6 If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before, we are able to inspect the goods and later discover you have handled, used them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Where the product is a service, you will still be charged the full cost. We do not refund our services, if you are unhappy with any part of the service the same cleaner or team must be allowed to return and rectify any of the issues.
13.7 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
14. Our rights to end the contract
14.1 We may end the contract for a product at any time by writing to you if:
(a) You do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(c) You do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) You do not, within a reasonable time, allow us access to your premises to supply the services.
14.2 If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
14.3 We may write to you to let you know that we are going to stop providing the product. We will let you know at least 2 WEEKS in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
15. If there is a problem with the product
15.1 If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 02035611404 or write to us at [email protected].
15.2 If you wish to exercise your legal rights to reject products you must either return it in person to where you bought it, post it back to us or (if it’s not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 02035611404 or email us at [email protected] for a return label or to arrange collection.
16. Price and payment
16.1 The product's price (which may include VAT) will be the price set out in the Order or our acceptance of it. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see clause 12.3 for what happens if we discover an error in the price of the product you ordered.
16.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay unless you have already paid for the product in full before the change in the rate of VAT takes effect.
16.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will usually check prices before accepting your Order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. Once we accept and process your Order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing. In that case, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
16.4 We accept payment with Visa, Mastercard, Maestro, American Express, Discover, Apple Pay and Google Pay for goods and for first or one-off bookings. A direct Debit must be set up for regular services, including monthly and annual memberships. When you must pay depends on what product you are buying: (a) For goods, you must pay for the products before we dispatch them. We will charge your credit or debit card when you order. When payment has cleared, we will dispatch the products to you.
(b) For services, you must make an advance payment of 50% of the price of the services, with the remainder due 48 hours before the booked services for all new and one-off clients to confirm our services. For our regular services, you will be sent a link to set up a Direct Debit for your services. This will be taken in advance of your cleaning. We request the money on the 22nd of every month, but please note that the payments can be taken up to 5 days either side of this date
16.5 FEES AND PAYMENT
16.5.1 You agree to pay the Fees in accordance with the terms specified in each Statement of Work and without deduction or set off. The Fees are non-refundable.
16.5.2 You agree to complete a Direct Debit mandate (or mandates, as required) to pay the Fees and any other amount owed to Us under this Agreement. You recognise and agree that by completing a Direct Debit mandate, We are authorised to debit the Fees from the relevant payment account(s).
16.5.3 All Fees and other charges are inclusive of VAT, (if applicable) at the appropriate rate.
16.5.4 We have the right to increase all Fees annually, any printed material is correct at the time of printing
16.5.5 If you do not pay us by the due date, we will add 25% of the Direct Debit total as a late fee. Should your Direct Debit fail a second time, 15% of the total Direct Debit will be added as a 2nd late fee, and we will add a £50 Administration fee; we may charge interest to you on the overdue amount at the rate of 8% per annum above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue daily from the due date until the actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
16.6 If you think an invoice is wrong, please get in touch with us promptly to let us know.
16.7 If deposits are not received within 24 hours or by 10 am on a Monday if booked over the weekend, your appointment will be cancelled, and the deposit amount will be liable for late/cancellation fees as per our late and cancellation fee terms.
17. Our responsibility for loss or damage suffered by you
17.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.
17.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.
17.3 If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
17.4 If digital content which we have supplied damages a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place minimum system requirements advised by us.
17.5 We only supply the products for domestic and private use. If you use the products for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18. How we may use your personal information
18.1 We will only use your personal information as set out in our privacy policy: https://www.doneanddusted.biz/privacy-policy.
18.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
19. Other important terms
19.1 We may transfer our rights and obligations under these terms to another organisation.
19.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
19.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
19.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
19.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You will not be charged for making a complaint and if you are not satisfied with the outcome, you can still bring legal proceedings.
19.8 We take before and after photos and videos of all our cleans. We use these for advertising, quality control, disputes and for training purposes. If you wish not to have any of your pictures used for advertising, please inform us in writing at [email protected]
Last updated 01/12/2023
BUSINESS TO BUSINESS - OFF PREMISES/DOORSTEP SELLING - SUPPLY OF GOODS, SERVICES and DIGITAL CONTENT.
****Please note that Parking, ULEZ and Congestion charges will apply, and permits must be provided in areas they are required at the Client's cost. ****
*** Cleaning services will need to be paid in full at the time of booking for new clients, or a 50% deposit will be required for Deep, Spring, Post - build, Oven and Carpet Cleaning. Tenancy cleaning for estate agents invoices are sent on completion***
1.Definitions
Seller Means Lou’s Little Cleaning Co Ltd t/a Done & Dusted of 36 Furness Road, Morden, Surrey SM4 6PR
Buyer The person who buys or agrees to buy the Goods/and or Services from the Seller.
Conditions The terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods The items which the Buyer agrees to buy from the Seller as set out in the Order.
Price The price for the Goods, excluding VAT and any carriage, packaging and insurance costs.
Intellectual Property Rights Patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protection the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Order The Buyer's order for the supply of Goods and/or Services, as set out the Buyer's purchase order form OR the Buyer's written or verbal acceptance of the Seller's quotation
Services The services supplied by the Seller to the Buyer as set out in the Order.
Seller Materials Has the meaning set out in clause 12.1.6.
2.Conditions
2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods and/or Services, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services from the Seller pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods or commencement of the Services shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 These Conditions may not be varied except by the written agreement of a director of the Seller.
2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
2.6 Upon completion of the work, the client agrees to inspect and notify [Your Company] of any issues or concerns within 24 hours. This is particularly crucial for tenancy cleans. Done & Dusted shall not be held liable for any dust or debris that may settle after the 24-hour inspection period.
3. Price
The Price shall be from £30 per hour, a from base rate for tenancy cleans OR the price quoted on the Order.
4.Payment and Interest
4.1 Payment of the Price and VAT (if applicable) shall be due within 15 days of the date of the Seller’s invoice.
4.2 Late fees of 15% of the total invoice is applicable once past due, with an additional 15% of the total outstanding added every 7 days thereafter, a compensation cost £75 shall be added with the second late fee. Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of [8%] per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment. Any discounts given will not be greater than 10% of the total invoice amount.
4.3 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counterclaim against invoices submitted by the Seller.
5.Goods
5.1 The Goods are described in the Order.
5.2 The Seller reserves the right to amend or change the specification of the Goods if required by any applicable statutory or regulatory requirements.
5.3 The seller reserves the right to amend the fees, to cover their costs due to inflation, a rise in salaries and overheads. The seller will inform you in writing giving at least 7 days notice sent by post or email..
6.Warranties
6.1 The Seller warrants that for a period of 3 months commencing on the earlier of either the date of delivery of the Goods, or the commencement of the Services (Warranty Period varies depending on service), the Goods and/or Services shall:
6.1.1 conform with their description;
6.1.2 be of satisfactory quality with the meaning of the Sale of Goods Act 1979;
6.1.3 be fit for any purpose held out by the Seller; and
6.1.4 be carried out in accordance with the Supply of Goods and Services Act 1982.
7.Delivery of Goods/Services
7.1 Delivery of the Goods/Services shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery, or allow access to our teams to carry out the booked service.
7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods/services on an agreed delivery/service date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods/services. If short delivery does take place, the Buyer may not reject the Goods/services but shall accept the Goods/service delivered as part performance of the contract, and a pro-rata adjustment to the Price may be made.
7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
7.5 If the Buyer fails to allow delivery of the service on the agreed booking date, the Seller shall be entitled to charge full price of the booked service.
8.Acceptance of the Goods
8.1 The Buyer shall be deemed to have accepted the Goods 7 days after delivery to the Buyer.
8.2 The Buyer shall carry out a thorough inspection of the Goods within 24 hours and give notice in writing to the seller after discovering that some or all of the goods do not comply with the Warranty above, the Buyer must return the Goods to the Seller at the Buyer’s cost and the Seller shall, at its option, repair or replace any Goods that are defective, or refund the price of such defective Goods.
8.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
9.Title and risk
9.1 Risk shall pass on delivery of the Goods to the Buyer’s address.
9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
9.3 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
9.4 The Seller may at any time before title passes and without any liability to the Buyer:
9.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
9.4.2 for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
10.Carriage of Goods
Carriage will be chargeable on all sales under £45. This will be at the rate of £20
11.Supply of Services
The Seller agrees:
11.1 To undertake and provide the Services in accordance with any brief and deadline agreed with the Buyer and;
11.2 To manage and carry out the Services in an expert and diligent manner and to provide his/her services to the best of his/her technical and creative skill and to be solely responsible for how the services are provided;
11.3 To the best of his/her ability, promptly and faithfully to meet the Deliverables and deadlines agreed with the Buyer;
11.4 the Seller is free to undertake and accept other engagements, except those which lead or might lead to any conflict of interest between the Seller and the Buyer during his or her appointment;
11.5 To use such suitably qualified and experienced personnel as he or she may from time to time deem appropriate;
11.6 The Seller has the right to supply a substitute of acceptable knowledge and expertise and acknowledges that the Buyer has the right to refuse the replacement if, in the reasonable view of the Buyer, the replacement is not sufficiently qualified to undertake the work. Where substitution occurs, the Business will remain responsible for its obligations under the agreement and will be responsible for the payment of the replacement, so that there will be no further payments outside of the agreed terms to pay for any handover period between the original and the replacement.
11.7 To keep the Buyer informed of progress on the Services in which they are engaged and shall produce written reports on the same from time to time when so requested by the Buyer. While the Seller’s method of working is entirely their own and they are not subject to the control of the Buyer, they shall nevertheless comply with this and any other reasonable requests of the Buyer (or its clients) which do not impact upon the Seller’s method of working.
11.8 Upon completion of the work, the client agrees to inspect and notify Done & Dusted of any issues or concerns within 24 hours. This is particularly crucial for tenancy cleans. Done & Dusted shall not be held liable for any dust or debris that may settle after the 24-hour inspection period.
11.9 Done & Dusted will endeavour to carry out a re-clean for any subpar work, but we cannot guarantee it will be scheduled for the same or next day. We will offer the next available booking slot available.
12.Buyer’s obligations
12.1 The Buyer shall:
12.1.1 Ensure that the terms of the Order are complete and accurate;
12.1.2 Co-operate with the Seller in all matters relating to the Services;
12.1.3 Provide the Seller, its employees, agents, consultants and subcontractors, with access to the Buyer's premises as reasonably required by the Seller to provide the Services;
12.1.4 Provide the Seller with such information and materials as the Seller may reasonably require to supply the Services, and ensure that such information is accurate in all material respects;
12.1.5 Obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start; and
12.1.6 keep and maintain all materials, equipment, documents and other property of the Seller (Seller Materials) at the Buyer's premises in safe custody at its own risk, maintain the Seller Materials in good condition until returned to the Seller, and not dispose of or use the Seller Materials other than in accordance with the Seller's written instructions or authorisation.
12.2 If the Seller's performance of any of its obligations in respect of the Services is prevented or delayed by any act or omission by the Buyer or failure by the Buyer to perform any relevant obligation (Buyer Default):
12.2.1 the Seller shall without limiting its other rights or remedies have the right to suspend performance of the Services and still charge for services until the Buyer remedies the Buyer Default, and to rely on the Buyer Default to relieve it from the performance of any of its obligations to the extent the Buyer Default prevents or delays the Seller's performance of any of its obligations;
12.2.2 the Seller shall not be liable for any costs or losses sustained or incurred by the Buyer arising directly or indirectly from the Seller's failure or delay to perform any of its obligations as set out in this clause 12.2; and
12.2.3 The Buyer shall reimburse the Seller on written demand for any costs or losses sustained or incurred by the Seller arising directly or indirectly from the Buyer Default.
13.Confidentiality
13.1 The Seller hereby agrees that during the course of his or her engagement under this Agreement they are likely to obtain knowledge of trade secrets and also other confidential information with regard to the business and financial affairs of the Buyer and those of the Buyer’s clients, customers and suppliers details of which are not in the public domain (‘Confidential Information’), and accordingly the Seller hereby undertakes to and covenants with the Buyer that:
13.1.1 They shall not at any time during this Agreement or for a period of 10 years after the Termination Date use or procure the use of the name of the Buyer in connection with their own or any other name in any way calculated to suggest that they continue to be connected with the business of the Buyer or in any way hold themselves or herself out as having such connection;
13.1.2 They shall not use the Confidential Information other than during the continuance of this Agreement and in connection with the provision of the Services; and
13.1.3 They shall not for a period of 10 years after the date of this Agreement disclose or divulge to any person other than to officers or employees of the Buyer whose province it is to know the same any Confidential Information and he or she shall use his or her best endeavours to prevent the publication or disclosure of any Confidential Information by any other person.
13.2 The restrictions set out in Clause 13 shall cease to apply to information or knowledge which comes into the public domain otherwise than by reason of the default of the Seller.
14.Intellectual Property Rights
14.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Seller.
14.2 The Buyer acknowledges that, in respect of any third party Intellectual Property Rights in the Services, the Buyer's use of any such Intellectual Property Rights is conditional on the Seller obtaining a written licence from the relevant licensor on such terms as will entitle the Seller to license such rights to the Buyer.
14.3 All Seller Materials are the exclusive property of the Seller.
15.Limitation of Liability:
15.1 Nothing in these Conditions shall limit or exclude the Seller's liability for:
15.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
15.1.2 fraud or fraudulent misrepresentation;
15.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
15.1.4 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
15.1.5 defective products under the Consumer Protection Act 1987.
15.2 Subject to clause 15.1:
15.2.1 The Seller shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
15.2.2 the Seller's total liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £250.
15.3 After the Warranty Period, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
15.4 This clause 15 shall survive termination of the Contract.
16.Termination of Agreement
16.1 Either party shall have the right at any time to terminate this Agreement by not less than 30 day’s notice in writing to the other party.
16.2 In addition, either party shall have the right to terminate this Agreement at any time by summary notice without any payment in lieu in the event of:
16.2.1 The other party being in material or persistent breach of any of the terms of this Agreement; or
16.2.2 The other party persistently and wilfully neglecting or becoming incapable for any reason of efficiently performing the Services or failing to remedy any default in providing the Services; or
16.2.3 The other party dying or becoming by reason of incapacity incapable of managing their affairs; or
16.2.4 The other party having a bankruptcy order made against him or her or making any arrangement with his or her creditors or having an interim order made against him or her; or
16.2.5 The other party taking any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction.
16.2.6 There being a change of control of the other party; or
16.2.7 A party’s financial position deteriorates to such an extent that in the other party's [reasonable] opinion that party’s capability to adequately fulfil its obligations under this Agreement have been placed in jeopardy; or
16.2.8 A party doing any action manifestly prejudicial to the interests of the other party or which in the opinion of the other party may bring them into disrepute; or
16.2.9 The other party being convicted of any criminal offence other than a minor driving offence under the road traffic legislation in the UK or elsewhere for which a fine or non-custodial penalty is imposed; or
16.2.10 The other party offering, promising or giving a bribe or requesting, agreeing to receive or accepting a bribe or bribing a foreign public official in connection with the Services contrary to the Bribery Act 2010;
and that party shall have no claim against the terminating party in respect of the termination of his or her appointment for any of the reasons specified pursuant to Clauses 16.2.1 to [16.2.8- 16.2.10].
17.Consequences of Termination
17.1 Upon the expiration or termination of the engagement under this Agreement for whatsoever cause, the Seller shall forthwith deliver up to the Buyer or its authorised representative all its property, including all equipment, materials, tools, keys, swipe cards, computer hardware and/or software, books, documents, account records and any other papers which may be in his or her possession, custody or control and which are the property of the Buyer or which otherwise relate in any way to the business or affairs of the Buyer and no copies of the same or any part thereof shall be retained by him or her. He or she shall then (if required by the Buyer) make a declaration that the whole of the provisions of this clause have been complied with.
17.2 The Buyer shall immediately pay to the Seller all of the Seller’s outstanding unpaid invoices and interest and, in respect of the Services supplied but for which no invoice has been submitted, the Seller may submit an invoice, which shall be payable immediately on receipt;
17.3 The Buyer shall, within a 24 hour period return all of the Seller’s equipment. If the Buyer fails to do so, then the Seller may enter the Buyer’s premises and take possession of the Seller’s equipment. Until they have been returned or repossessed, the Buyer shall be solely responsible for their safe keeping;
17.4 Termination or expiry of this agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.
17.5 The termination of this agreement how soever occurring shall not affect the rights and liabilities of the parties already accrued at such time nor affect the continuance in force of such of its provisions as are expressed as or capable of having effect after such termination.
18. Insurance
The Seller further warrants to the Buyer that they will:
18.1 Take out and maintain throughout the term of this Agreement, adequate professional indemnity insurance to protect themselves against any liabilities arising out of this Agreement and at their discretion produce, at the request of the Buyer, a copy of the insurance policy or policies and relevant renewal receipts for inspection by the Buyer;
18.2 Take out and maintain throughout the term of this Agreement, adequate public liability insurance cover to protect themselves against any liabilities arising out of this Agreement in respect of all and any contractors/employees they utilise to carry out the Services and shall produce, at the request of the Buyer, a copy of the insurance policy or policies and relevant renewal receipts for inspection by the Buyer.
19.Data Protection and Data Processing
19.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This Clause 19 is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation. In this Clause Applicable Laws means (for so long as and to the extent that they apply to the Contractor) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the UK Data Protection Legislation and any other law that applies in the UK.
19.2 The parties acknowledge that for the purposes of the Data Protection Legislation, the Buyer is the data controller and the Seller is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
19.3 Without prejudice to the generality of Sub- clause 19.1, the Buyer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data (as defined in the Data Protection Legislation) to the Seller for the duration and purposes of the Contract.
19.4 Without prejudice to the generality of Sub-clause 19.1, the Seller shall, in relation to any Personal Data processed in connection with the performance by the Seller of its obligations under the Contract:
19.4.1 Process that Personal Data only on the written instructions of the Business unless the Seller is required by Applicable Laws to otherwise process that Personal Data. Where the Seller is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the Seller shall promptly notify the Buyer of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Seller from so notifying the Buyer;
19.4.2 Ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Buyer, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
19.4.3 Ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
19.4.4 Not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Buyer has been obtained and the following conditions are fulfilled:
i. The Buyer or the Seller has provided appropriate safeguards in relation to the transfer;
ii. The Data Subject (as defined in the Data Protection Legislation) has enforceable rights and effective legal remedies;
iii. The Seller complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
iv. The Seller complies with reasonable instructions notified to it in advance by the Buyer with respect to the processing of the Personal Data;
19.4.5 Assist the Buyer, at the Buyer' cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
19.4.6 Notify the Buyer without undue delay on becoming aware of a Personal Data breach;
19.4.7 At the written direction of the Buyer, delete or return Personal Data and copies thereof to the Buyer on termination of the agreement unless required by Applicable Law to store the Personal Data; and
19.4.8 Maintain complete and accurate records and information to demonstrate its compliance with this Clause 19.
19.5 The Buyer consents to the Seller appointing Markel Law or another FSB third-party processor of Personal Data under the Contract. The Seller confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement Incorporating terms which are substantially similar to those set out in this Clause 19. As between the Buyer and the Seller, the Seller shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this Clause 19.
19.6 Either party may, at any time on not less than 30 days' notice, revise this Clause 19 by replacing it with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme (which shall apply when replaced by attachment to the Contract).
20.No Employment or Partnership
20.1 The Seller is an independent contractor and nothing in this Agreement shall render or be deemed to render the Seller an employee, worker or agent of the Buyer and the Seller shall not hold himself or herself out as such. This Agreement does not create any mutuality of obligation between the Seller and the Buyer and neither party seeks to create or imply any mutuality of obligation between the parties in the course of the performance of this engagement or during any notice period. The Buyer is not obliged to offer work to the Seller, nor is the Buyer obliged to accept work where it is offered.
20.2 The Seller may choose to delegate performance of the Services to such suitably qualified and experienced personnel as he or she may from time to time deem appropriate. The Buyer has the right to refuse the replacement if, in the reasonable view of the Buyer, the replacement is not sufficiently qualified to undertake the work. The Seller must provide details of the name of the delegate/substitute. The Seller will be responsible for remunerating the delegate/substitute, such that there will be no further payments outside of the agreed terms to pay for any handover period between the Seller and the delegate/substitute. When a delegate/substitute is appointed, the provisions relating to sub-processor obligations under Clause 19 will apply.
20.3 This Agreement constitutes a contract for the provision of services and not a contract of employment and accordingly the Seller shall be fully responsible for and shall indemnify the Buyer for and in respect of:
20.3.1 Any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the performance of the Services, where the recovery is not prohibited by law. The Seller-shall further indemnify the Buyer against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by the Buyer in connection with or in consequence of any such liability, deduction, contribution, assessment other than where the latter arise out of the Buyer’s negligence or wilful default;
20.3.2 Any liability arising from any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by the Seller or any substitute against the Buyer arising out of or in connection with the provision of the Services, except where such claim is as a result of any act or omission of the Buyer.
20.4 The Buyer may at its option satisfy such indemnity (in whole or in part) by way of deduction from any payments due to the Seller.
20.5 Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
21.Notices/Communications
21.1 Any notice or other communication given to a party under or in connection with this agreement shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, or e-mail.
21.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address stated in this Agreement or to such other address (being in Great Britain) as the addressee may from time to time have notified for the purpose of this Clause; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by phone messages or e-mail, one Business Day after transmission.
21.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
22. Entire Agreement
22.1 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
22.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
23.Force Majeure
23.1 If either party to this Agreement is prevented or delayed in the performance of any of its respective obligations under this Agreement by “force majeure”, then such party shall be excused the performance for so long as such cause of prevention or delay shall continue;
23.2 For the purpose of this Agreement ‘force majeure’ shall be deemed to be any cause affecting the performance of this Agreement arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of such party and inter alia including, but not limited to the following:
23.2.1 Strikes, lockouts or other industrial action;
23.2.2 Terrorism, civil commotion, riot, invasion, war threat or preparation for war;
23.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, bad weather or other natural physical disaster;
23.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and
23.2.5 Political interference with the normal operations.
24.Assignment and Other Dealings
24.1 The Business may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under this Agreement and may subcontract or delegate in any manner any or all of its obligations under this Agreement to any third party or agent.
24.2 The Buyer shall not, without the prior written consent of the Seller, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under this Agreement.
25 Before and After Pictures, Done & Dusted reserves the right to take before and after pictures of all jobs for various purposes. These images may be used for staff training, advertising, and, in rare cases, for addressing client concerns or complaints.
25.1 Staff Training: The before and after pictures are essential for staff training, providing visual examples of the expected service standards and demonstrating the transformation that can be achieved through our services.
25.2 Advertising: These images may be used in our advertising materials to showcase the quality of our work and the remarkable difference we make in every job.
25.3 Resolution of Complaints: In the unlikely event of a client concern or complaint, the before and after pictures serve as a reference point to address any issues promptly and fairly, ensuring effective resolution.
Client privacy and confidentiality are of paramount importance to Done & Dusted. We handle all images with care and respect and only use them for the stated purposes. By engaging our services, clients implicitly agree to the use of such images for these purposes.