Emails us
info@swclean.co.uk
Emails us
info@swclean.co.uk
1.1 SW Clean, operating under a trading name, functions as an introductory agent for several service providers who have authorized us to act on their behalf and enter into contracts with customers. We will receive your booking inquiry and assign the task to an appropriate service provider. Upon SW Clean’s confirmation of your booking request and allocation of the service provider, a contract between you and the service provider will come into existence under the following terms and conditions. Please note that SW Clean does not assume responsibility for the provision of services as this solely rests on the service provider.
It is important to read and understand these terms and conditions as they will be legally binding once you enter into a contract with a service provider. Please pay special attention to clause 10 (if you are a consumer) and clause 11 (if you are not a consumer), which outline the limitations on the service provider’s liability to you.
2.1 These Terms constitute the agreement between you and the Provider for the provision of Services. Please read these Terms carefully.
2.2 If you are a Consumer, your contract with the Provider shall be formed in the following manner:
2.2.1 When you make a booking inquiry by telephone or email or through the booking inquiry form on SW Clean’s website, you shall acknowledge that you have read and understood these Terms.
2.2.2 SW Clean will provide you with a non-binding estimate/quote based on the information you have provided over email. If you choose to proceed with the booking, you are required to accept the offer in writing at info@swclean.co.uk or by telephone at +447576527020. This shall be considered as an acceptance of your requested service.
2.2.3 SW Clean shall then send you a Confirmation Email outlining the price and other details of your booking.
2.2.4 SW Clean shall send you the Confirmation Email up to 3 days before your appointment to confirm your booking and provide details of the Provider who will perform the Services for you. This email shall constitute acceptance of your offer, and your contract with the Provider shall come into effect at this point. These Terms shall be binding.
2.2.5 As a Consumer, you have special rights under the Consumer Contracts Regulations, allowing you to cancel your contract for any reason during a 14-day cancellation period. Your cancellation rights under the Consumer Contracts Regulations are explained in detail in clause 13.1.
2.3 If you are a business customer and not a Consumer, your contract with the Provider shall be formed as follows:
2.3.1 When you make a booking inquiry by telephone or through the booking inquiry form on SW Clean’s website, you shall acknowledge that you have read and understood these Terms.
2.3.2 SW Clean shall provide you with a non-binding estimate based on the information you have provided. If you choose to proceed with the booking, you are required to accept the offer in writing at info@swclean.co.uk or by telephone at +447576527020. This shall be considered as an acceptance of your requested service.
2.3.3 As an agent, SW Clean shall indicate its acceptance of your offer on behalf of the Provider by sending you a Confirmation Email confirming the price and other details of your booking and providing a copy of these Terms for your records. At this point, your contract with the Provider shall come into effect, and these Terms shall be binding.
2.3.4 SW Clean shall send you the Confirmation Email up to 3 days before your appointment to remind you of your booking and confirm the details of the Provider who will perform the Services for you.
2.4 For clarity, SW Clean acts as an introductory agent for the Provider and is authorized by the Provider to enter into a contract with you on its behalf. Your contract is with the Provider, and the responsibility for the provision of Services rests solely with the Provider. You agree that SW Clean shall not assume any responsibility or incur any liability for the provision of Services by the Provider, directly or indirectly.
2.5 If you are a Consumer and within the 14-day cancellation period (see clause 13.1), you may change the booked Services without a charge by contacting SW Clean at any time before the start of the Services. Please give at least 48 hours notice; otherwise, the Provider may not be able to accommodate the changes you wish to make.
2.6 If you are not a Consumer, or you are a Consumer, but the 14-day cancellation period has expired (see clause 13.1), you may change the Services without charge up to 48 hours before the start date for the Services by contacting SW Clean. If this change affects the total price of
3.1 The Provider shall provide you with the Services as agreed upon in the booking confirmation.
3.2 The Provider shall make every effort to perform the Services in accordance with the timescales as stated in the Confirmation Email. However, unforeseen circumstances, such as an Event Outside the Provider’s Control, may lead to delays or postponement of the Services. In such cases, the Provider shall not be liable for any loss or damage caused as a result of such delay. For more information on the Provider’s obligations in case of an Event Outside the Provider’s Control.
3.3 The Provider shall provide all necessary equipment and tools required to carry out the Services as set out in the Confirmation Email and shall ensure that they are in good working order.
3.4 The Provider shall supply the Materials required to perform the Services as set out in the Confirmation Email and any additional materials required during the course of the Services.
3.5 The Provider shall provide the Services using reasonable care and skill and in compliance with the industry standards and practices. The Provider shall also ensure that the Services are performed in accordance with all applicable laws and regulations, including employment laws, that are in force at the time of providing the Services.
3.6 The Provider may, at its discretion, delegate or subcontract some or all of the Services to a third party but shall remain liable for the performance of the Services and its obligations under the contract.
3.7 In the case of regular services, the Provider does not guarantee that the Services will always be performed by the same individual(s), as the availability of any individual will fluctuate from time to time, and an individual may cease to be available all together at any time. The Provider shall be under no obligation to comply with any request to allocate any particular individual(s) to perform the Services.
3.8 During the provision of the Services to you by the Provider, the Provider and SW Clean shall maintain in force, with a reputable insurance company, public liability insurance in an amount not less than £1,000,000 and employer’s liability insurance (if applicable) in an amount not less than £2,000,000.
4.1 Upon request, you agree to provide the Provider with any information necessary for the proper provision of the Services, such as property size, measurements, layout, access, or priorities. You will be contacted by SW Clean regarding this matter. In the event that any information provided is incomplete or incorrect, the Provider may charge a reasonable sum for any additional work required. Any additional charges will be communicated to you and agreed upon in advance.
4.2 In the case of cleaning services, you are responsible for providing a list of cleaning tasks to be performed by SW Clean when making your initial booking inquiry. You must also inform them of any items that require specialized care or non-standard cleaning products during the initial booking inquiry. The Provider is not obligated to provide such specialized care or cleaning products unless expressly agreed upon at the time of booking.
4.3 The Client acknowledges and agrees that the provision of the Services may necessitate access to the Client’s property. As such, the Client shall provide the Provider with access to the property at the agreed-upon dates and times. In the event that keys are required, they must be capable of opening and closing all locks without any undue effort or specialized knowledge. Moreover, should the property be secured by an alarm system, the Client shall furnish the Provider with full and complete details of the system’s operation, including how to disable and reset it. The Client shall promptly inform SW Clean if keys are provided to the Provider. Should the Client require the return of keys following the completion or cancellation of the Services, they shall provide one week’s notice to SW Clean or the Provider. In the absence of such notice, the Client shall have the option of either collecting the keys from the Provider’s or SW Clean’s office, as applicable, or arranging for their return by unregistered first-class post, subject to a fee of £15 to cover postage and administration.
4.4 The Client shall be responsible for providing, at their own cost, a continuous and uninterrupted supply of running water and electricity from standard 220/240 volt 3-pin sockets at the property where the Services are to be rendered. Furthermore, the Client shall permit the Provider to utilize the toilet and washing facilities on the premises.
4.5 The Client shall bear the sole responsibility, at their own expense, for securing any and all requisite planning, landlord, or other consents, permissions, and approvals before the Provider commences the Services. Additionally, if requested to do so, the Client shall furnish the Provider with a copy of such approvals.
4.6 The Client shall undertake, at their own expense, all necessary preparations to ensure that their property is ready to receive the Services. This shall include, but not be limited to, taking all reasonable steps to ensure the safe operation of any appliances or equipment on the premises, as well as removing any items from the designated areas where the Provider will perform the Services by the scheduled date and time of commencement.
4.7 The Client shall bear full responsibility, at their own expense, for adequately covering any items of furniture, fixtures, or fittings that are not scheduled for relocation from the areas where the Provider will perform the Services, to safeguard them against dust or dirt. The Client shall also be responsible for securing or relocating any valuables, fragile or sentimental items prior to the commencement of the Services.
4.8 The Client shall be responsible, at their own expense, for arranging or providing suitable parking space, along with any necessary visitor parking permits, for the Provider’s vehicles in close proximity to the property. Furthermore, the Client shall bear the responsibility of settling any applicable congestion charges and ULEZ charges that arise from the Provider’s provision of the Services.
4.9 In the event that the provision of the Services requires more than one day for completion, the Client shall permit the Provider to leave its tools and any materials at the property overnight or during any other period when the Services are not being rendered.
4.10 The Client shall bear full responsibility, at their own expense, for providing the requisite equipment for cleaning services in cases where they decline to cover the additional cost of the Provider’s equipment. Additionally, the Client shall ensure that such equipment is safe and in proper working condition.
4.11 The Client shall notify SW Clean in advance of the scheduled Services if any animals will be present on the premises while the Provider is working and shall bear the sole responsibility, at their own expense, for ensuring that such animals are appropriately secured and attended to during the provision of the Services. Moreover, the Client shall take all reasonable measures to prevent any unaccompanied children from being present at the property while the Provider is on site. The Provider shall not, under any circumstances, assume any responsibility for the care of children or animals on the premises. In the event that animals are present during the Services and SW Clean was not previously informed of their presence, the Provider may decline to provide the Services and may be subject to a cancellation fee.
4.12 The Client shall maintain sufficient coverage for both buildings and contents insurance, as well as the occupier’s liability insurance, and shall furnish the Provider with a copy of such policies if requested to do so.
4.13 Unless otherwise stipulated in writing, the Client shall assume full responsibility for the removal of any waste materials from their property upon the completion of the Services.
4.14 In the event of the Client’s failure to comply with or fulfill their obligations under Clause 4, the Provider’s ability to perform the Services may be impeded. Such failure shall be deemed an Event Outside the Provider’s Control and may result in the suspension or cancellation of the Services. Should the Provider be unable to provide the Services at the agreed-upon time or at all due to the Client’s non-compliance with their obligations under Clause 4, the Client agrees to pay the Cancellation Charge, subject to any cancellation rights available to them as a Consumer.
5.1 The Provider may require a site visit prior to the provision of some services, including landscaping and gardening services, handyman services, and waste collection services, as well as other services depending on the information provided at the time of booking.
5.2 If a site visit is necessary, SW Clean will inform you at the time of booking and arrange a convenient time for the Provider to visit your property or location where the Services will be performed.
5.3 The Provider will charge a fee to cover its expenses for carrying out the site visit. The fee, ranging between £20 and £50 plus VAT depending on the Service required, will be agreed with you at the time of booking the site visit and will be payable at the time of booking.
5.4 A site visit is a separate Service from the Services to which it relates, and if the Provider attends your property for a site visit at the agreed time and date but is unable to gain access or you cancel the Services after their arrival, the Provider will retain a reasonable proportion of the site visit fee to cover their expenses.
5.5 If you are a Consumer and require the Services to be performed during the 14-day cancellation period, the Provider may require you to sign a written request to commence work during this period during the site visit. If you do not sign the written request, the Provider will not be able to provide the Services until the end of the cancellation period, and your appointment will need to be rescheduled.
6.1 SW Clean may, at its sole discretion, make amendments to these Terms from time to time. Such amendments may be necessary to reflect changes in payment methods, operational procedures, correction of errors, changes in rates and prices, or to comply with changes in laws and regulatory requirements.
6.2 In the event that these Terms are amended by SW Clean, you will be notified of the changes prior to their implementation. If you disagree with the amendments, you may choose to cancel the Services.
6.3 Any changes to these Terms will only be effective if they are agreed in writing by SW Clean, except as set out in clause 6.2.
7.1 If the Services have not been provided in accordance with the contract, please notify SW Clean as soon as reasonably possible and provide evidence of the problem within 48 hours of discovering it.
7.1.2 Please give SW Clean a reasonable opportunity to investigate the problem. If the Provider is found to be at fault, allow the Provider to correct, repair, or fix any defects.
7.1.3 The Provider will make every effort to remedy the problem as soon as reasonably practicable if it is found to have been caused by the Provider. Under clause 7.1, you will not be responsible for any fees incurred by the Provider to correct the problem. If the Provider is unable to remedy the problem or does not do so within a reasonable timeframe, you will be entitled to a reasonable reduction in the price of the Services.
7.2 The Provider shall not be held responsible or liable under clause 7.1 for the following circumstances:
7.2.1 Your failure to notify SW Clean of any defect in the Services within 48 hours of discovering the defect;
7.2.2 Disruption to the Services or damage to your property or belongings caused by third parties present on-site during the Services provided by the Provider;
7.2.3 Damage or defects caused by your negligence, wilful act, or faulty workmanship, or that of any third party engaged or authorised by you to carry out work for you;
7.2.4 Damage to your garden and/or vegetation on your property due to the care and treatment of such garden and/or vegetation as per your instructions;
7.2.5 Damage to your property caused by waste left behind following the completion of the Services, except where such damage was caused by the Provider’s negligence or failure to exercise reasonable care and skill;
7.2.6 Damage to items requiring specialist or non-standard care or cleaning products where the Provider was not specifically informed of such requirements or followed incorrect care instructions provided by you;
7.2.7 Pre-existing wear and tear, damage, defects, or faults in your property, its contents, or your belongings;
7.2.8 Stains, burns, ingrained dirt, and other marks that cannot be removed with industry-standard cleaning methods and materials;
7.2.9 Shrinkage of carpets caused by the poor fitting of such carpets;
7.2.10 Your failure to allow carpets to dry adequately before replacing furniture;
7.2.11 Wear or discoloration of fabric that becomes more apparent as a result of cleaning;
7.2.12 Damage to the property, its contents, or your belongings caused by faulty or defective products, materials, and equipment provided by you and used by the Provider in the provision of the Services;
7.2.13 Non-completion of any tasks not specifically set out in the Confirmation Email or otherwise notified to SW Clean in writing and accepted by SW Clean in writing before the start of the Services;
7.2.14 Any claims for loss of earnings or profits, or any indirect or consequential loss incurred by you;
7.2.15 The Provider’s failure to complete all or part of the Services due to your failure to provide adequate supplies and equipment;
7.2.16 The Provider’s failure to complete all or part of the Services due to your failure to book the Provider for the recommended number of hours or where you require the Provider to carry out additional tasks beyond what was originally booked; and
7.2.17 The quality of “end of tenancy” or “after builders” cleaning services where such services are carried out by the Provider while the property is still occupied by tenants, builders, or other third parties.
7.3 In the event that you report a problem with the Services, SW Clean may need to arrange a site inspection to investigate the issue. In such cases, you agree that our customer care representative may take photographs of any damage to your property or possessions for the purpose of producing a report and resolving the issue.
7.4 As a Consumer, you have legal rights concerning the Services provided to you, including the right to expect that the Services will be carried out with reasonable skill and care and that any materials used will be of satisfactory quality and as described. Information regarding your legal rights can be obtained from your local Citizen’s Advice Bureau (www.adviceguide.org.uk) or Trading Standards office (www.gov.uk/find-local-trading-standards-office). Please note that these legal rights are not affected by anything in these Terms.
8.1 During the provision of Services, the Provider may encounter situations where certain Materials are needed but are not available at that time. This can be due to various reasons such as the discovery of particular Materials required during the performance of Services or the condition of a particular item or area that was not possible to establish beforehand.
8.2 In such situations, the Provider may need to purchase the Materials. If the Materials can be obtained from a local supplier, the Provider will travel to the supplier and purchase the Materials before returning to continue providing the Services. The Provider will charge its standard rate for travel time, which will be notified to you beforehand. Additional charges, if any, will be agreed upon in advance if you are a Consumer. If you are not a Consumer, the Provider will seek your prior consent if the travel time is expected to be more than an hour.
8.3 If the Materials cannot be obtained from a local supplier, the Provider will normally order them and return them on another occasion to continue with the Services. The Provider will not charge you for the time spent obtaining the wrong Materials. However, it will normally charge for the time spent in making telephone calls to suppliers or its office to locate the required Materials. Any additional charges, if any, will be agreed upon in advance if you are a Consumer.
8.4 Payment for the Materials purchased by the Provider will be made in accordance with the payment terms specified in the Confirmation Email. If the Provider needs to purchase additional Materials that are not included in the Confirmation Email, it will notify you in advance and either require you to pay for them at the time of purchase or arrange for SW Clean to invoice you for the additional Materials. In such cases, payment will be due within three days of the invoice date. Until the Materials have been paid for in full (including any applicable delivery charges notified to you), the Provider shall own the Materials.
8.5 After delivery and/or installation, you should examine the Materials as soon as reasonably possible. 8.6 Some Materials, due to their manufacturing process, may have inherent imperfections or variations. The Provider will not be in breach of its obligation to provide satisfactory quality goods and comply with any description or fit for their purpose if such imperfections or variations are inherent to the Materials’ manufacture or construction.
8.7 All Materials used in the provision of Services will be new, of satisfactory quality, and fit for the purpose they are being used for.
8.8 If you choose to supply any Materials, the Provider will not be responsible for their quality or suitability for the purpose they are being used for.
8.9 If you have any specific or special requirements for the Materials, you should inform the Provider before the commencement of the Services, preferably in writing.
8.10 If the Provider uses fewer Materials than originally specified, the excess Materials will be left at the property upon completion of the Services. If you want the Provider to remove the excess Materials, you should inform the Provider at least two Working Days before the completion date.
9.1 The price for the Services and any equipment provided by the Provider will be as stated and confirmed in the Confirmation Email. The price for many of the Services will be based on the amount of time required for the Provider to perform the Services, with charges being calculated for each period and/or part period of 60 minutes spent in providing the Services. For certain Services, such as End of Tenancy Cleaning, the rate may be calculated based on the size of the property. The applicable rates will be communicated to you at the time of booking and will be confirmed in the Confirmation Email.
9.2 In some cases, a separate call-out charge may be applicable, as is the case for Handyman Services. The call-out charge, if applicable, will be made clear in the estimate provided to you at the time of booking. If the Provider is unable to gain access to your property or you cancel the Services after the Provider’s arrival, the Provider shall be entitled to retain any call-out charge to cover its travel and other expenses incurred as a result of having attended your property, as detailed in the Cancellation Fee clause.
9.3 The price for any Materials required for the Services will be as agreed and confirmed in the Confirmation Email or in accordance with Clause 8.
9.4 SW Clean is not responsible for fluctuations in Provider rates, which may vary over time to reflect changes in underlying costs, inflation, or other factors. If the price indicated in the Confirmation Email differs from the price that the relevant Provider will charge for the Services, SW Clean will notify you of the revised price. If you do not accept the revised price, you may cancel your booking without incurring any liability. 9.5 Payments for Services may be made by post, over the telephone, or through SW Clean’s website or external payment links. Payments must be made by cheque, credit/debit card, or bank transfer (as applicable) and received by SW Clean on behalf of the Provider. If you choose to pay for the Services by credit/debit card, payment must be made at least 72 hours before the appointment time. Payments made via SW Clean’s website or external links will be processed by third-party payment processing partners, Stripe or PayPal (as applicable), prior to the appointment time. If you are granted a credit account, you must pay for the Services in accordance with the credit account terms.
9.6 Payments made in person on completion of the Services must be made directly to the Provider in cash or by cheque. If you agree to pay in person by cash or cheque and the payment is to be left at the property where the Services are to be performed or at a location where the keys to the property are to be collected by the Provider, you must provide SW Clean with full details of where and from whom the payment may be collected prior to the commencement of the Services.
9.7 If a portion of the price payable by you is due and payable only following completion of snagging work, such as in the case of Handyman Services, that portion shall become due and payable immediately upon the completion of such snagging work to your reasonable satisfaction or within 14 days of completion of the original work to which the snagging relates, whichever is earlier, provided that no snagging work is required by you and you provide access to your premises to allow the Provider to carry out the snagging work.
9.8 On certain occasions, it may be necessary for the Provider to charge you a higher amount than initially agreed. Such circumstances may arise due to changes in the Services or the amount of work required, which were not foreseen before the Provider began performing the Services.
9.9 In the event of a higher charge, the Provider will obtain your approval for the additional amount before continuing to provide the Services. Should you refuse to pay the extra amount, you may choose to continue the Services without guarantees for quality or standards or cancel the Services subject to a Cancellation Fee.
9.10 SW Clean reserves the right to adjust the rates and prices of the Services at any time. However, any changes will only affect the price of Services after the date they take effect, as set out in clause
9.11 Any changes to the rates and prices of the Services will be communicated to you in writing prior to taking effect. However, these changes will not apply to any one-off Services booked prior to the date of the proposed changes.
9.12 The rates and prices stated in the Confirmation Email include VAT, where applicable. If the rate of VAT changes between the date of the Confirmation Email and the performance date of the Services, the applicable VAT rate will be adjusted accordingly.
9.13 In certain cases, SW Clean may require an advance payment of the price of the Services, Provider Equipment, and/or Materials. The terms of such advance payment, including the sum due, the payment method, and the payment deadline, will be specified in the Confirmation Email. The refund policy for advance payments upon cancellation is set out in clause 13.
9.14 The Provider will invoice you for the remaining balance of the Services, Provider Equipment, and/or Materials (if applicable) upon completion of the Services or at any time thereafter. Payment for each invoice must be made in cleared funds by the due date specified in the Confirmation Email or invoice. If no due date is specified, payment is due within 7 days of the invoice date. If you opt to pay by credit/debit card, payment will be processed 72 hours before the agreed Service appointment time.
9.15 In the event that you fail to pay for the Services as per the terms set out in clauses 9.13 and
9.14, the Provider may suspend the Services immediately until the outstanding amounts are paid (unless the invoice is disputed under clause 9.18). SW Clean will inform you of this action. This does not affect the Provider’s right to charge interest as per clause 9.17.
9.16 In case you do not pay for the Services as per the terms set out in clauses 9.13 and 9.14, the Provider may explore legal options to recover payment for the Services rendered. SW Clean will communicate this to you in writing. This does not affect the Provider’s right to charge interest under clause 9.17.
9.17 If payment is not made by the due date, the Provider reserves the right to charge interest on the outstanding amount. If you are a Consumer, the interest rate charged will be 3% a year above the base lending rate of Barclays Bank Plc. If you are not a Consumer, the interest rate will be as specified in the Late Payment of Commercial Debts (Interest) Act 1998. Interest will accrue daily from the due date until payment is received, whether before or after judgment and must be paid along with the overdue amount.
9.18 If you dispute an invoice in good faith and notify SW Clean immediately after receiving the invoice, the Provider will not apply clauses 9.16 and 9.17 during the period of the dispute.
9.19 If payment is not received by the due date, you agree that the Provider may process payment for the outstanding amount using the bank card details provided at the time of booking. The payment may include any interest due as per clause 9.16.
9.20 This clause 9 shall survive the expiry or termination of the contract.
10.1 This clause 10 pertains only to Consumers.
10.2 In the event that the Provider fails to comply with these Terms, it will be liable for any loss or damage incurred by you that is foreseeable as a result of its failure to comply with these Terms or its negligence. However, the Provider shall not be held responsible for any loss or damage that is not foreseeable. Loss or damage shall be considered foreseeable if it is an obvious consequence of the Provider’s breach or if it was envisaged at the time the contract was formed.
10.3 In the event that the Provider is providing Services within your property, it shall be responsible for repairing any damage caused to your property during the installation or performance of its duties. However, the Provider shall not be liable for any costs associated with repairing pre-existing faults or damage to your property that it discovers during the installation or performance of its duties.
10.4 The Provider’s Services are solely intended for domestic and private use. In the event that you use the Services for any commercial, business, or re-sale purpose, the Provider shall not be liable for any loss of profit, business interruption, loss of business, or loss of business opportunity that you incur.
10.5 Except as stated in clause 10.6, the Provider’s total liability to you in respect of all direct, indirect, and consequential losses that arise under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the lower of £5,000 and the amount paid or payable to the Provider by you under the contract in the 12 months preceding the date of any claim made against the Provider by you.
10.6 The Provider shall not exclude or limit its liability in any way in the following circumstances:
10.6.1 death or personal injury caused by the Provider’s negligence or that of its employees, agents, representatives, or subcontractors;
10.6.2 fraud or fraudulent misrepresentation;
10.6.3 breach of the terms implied by sections 49, 50, 51, and 52 of the Consumer Rights Act 2015;
10.6.4 breach of the terms implied by sections 2, 3, 4, and 5 of the Supply of Goods and Services Act 1982;
10.6.5 defective products under the Consumer Protection Act 1987; and
10.6.6 any other liability that cannot be excluded or limited by English law.
10.7 The Provider may supply goods to you in connection with the Services. If you are a Consumer, you have legal rights in relation to goods that are faulty or not as described. The Provider is legally obliged to supply goods that conform to the contract. Advice concerning your legal rights is available from your local Citizen’s Advice Bureau (www.adviceguide.org.uk) or Trading Standards office (www.gov.uk/find-local-trading-standards-office). These legal rights shall not be affected by anything stated in these Terms.
10.8 This clause 10 shall survive termination or expiry of the contract.
11.1 Clause 11 pertains to non-Consumer clients only.
11.2 Nothing in these Terms shall restrict or exclude the Provider’s liability for the following:
11.2.1 Death or personal injury resulting from the Provider’s negligence or that of its employees, agents, representatives, or sub-contractors;
11.2.2 Fraud or fraudulent misrepresentation;
11.2.3 Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or
11.2.4 Any other liability that cannot be excluded or limited by English law.
11.3 Subject to clause 11.2:
11.3.1 The Provider shall under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with the contract, including but not limited to loss of profits, sales, business or revenues, loss of business opportunity, loss of goodwill, loss of anticipated savings, or loss of or corruption to data;
11.3.2 The Provider’s total financial liability to you for all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed a sum equal to the lower of £5,000 and the amount paid or payable to the Provider by you under the contract in the 12 months preceding the date of any claim against the Provider by you.
11.4 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.
11.5 This clause 11 shall survive termination or expiry of the contract.
12.1 The Provider shall not be held liable for any failure to perform or delay in performance of any obligations under these Terms that is caused by an Event Outside the Provider’s Control.
12.2 An Event Outside the Provider’s Control refers to any act, event, or situation that is beyond its reasonable control. The following are examples of acts, events, or situations that fall outside the Provider’s reasonable control:
12.2.1 instances where weather conditions make it impractical or unsafe for the Provider to carry out any of the Services;
12.2.2 situations where the condition or state of your property poses a risk that makes it unsafe for the Provider to carry out any of the Services;
12.2.3 instances where you have failed to meet your obligations under clause 4, which may result in the Provider being unable to offer all or part of the Services at the agreed time or at all. In this event, you shall be required to pay the Cancellation Charge (subject to any cancellation rights you may have as a Consumer under clause 13.1). Examples of instances where your failure to meet your obligations under clause 4 may result in the Provider being unable to offer the Services include but are not limited to:
12.2.3.1 instances where the Provider is unable to access your property at the agreed dates and/or times; and
12.2.3.2 instances where you have not adequately prepared your property for the provision of the Services, for instance, by failing to remove your belongings from the property (or from the areas of it) where the Services are to be carried out;
12.2.4 instances where the Provider encounters unforeseen technical problems or you request a change in the Services that you want the Provider to offer (and this results in, for example, the Provider having to do further work or wait for new or different Materials);
12.2.5 instances, where the Provider is informed or directed that the Services it is offering, do not meet statutory or regulatory requirements or are in breach of planning consents or environmental or conservation requirements;
12.2.6 if any Materials are not delivered on the date or at the time agreed with the supplier of such Materials (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier if ordered at short notice);
12.2.7 instances where the Provider has to wait for other service providers (who have been engaged by you) to complete their work before the Provider can offer the Services (or the relevant part of the Services is dependent on the other provider if ordered at short notice);
12.2.8 other unforeseen or unavoidable events or situations that are beyond the Provider’s control, including but not limited to strikes, lock-outs, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack, or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters, or failure of public or private utilities or telecommunications networks, or Acts of God.
12.2.9 instances where the Provider is delayed or obstructed from arriving due to official and announced public transport strikes, delays, diversions, cancellations, closures, or service changes announced at the public TFL (Transport for London) website (https://tfl.gov.uk/tube-dlr-overground/status/).
12.3 In the event of an occurrence that stops the Provider from performing its obligations under these Terms, the Provider will make every effort to resume Services as soon as the situation is resolved, which may result in a delay before Services can be continued.
12.4 If an Event Outside the Provider’s Control affects the performance of the Provider’s obligations under these Terms:
12.4.1 The Provider will promptly notify you of the situation;
12.4.2 The Provider’s obligations under these Terms will be suspended, and the time for performance of the Provider’s obligations will be extended for the duration of the Event Outside the Provider’s Control. If the Event Outside the Provider’s Control affects the provision of Services to you, the Provider will resume Services as soon as possible after the Event Outside the Provider’s Control has ceased.
12.5 If an Event Outside the Provider’s Control occurs, and you decide not to proceed with the Services, you may cancel the contract in accordance with your cancellation rights under clause 13. The Provider will only cancel the contract if the Event Outside the Provider’s Control continues for more than four weeks, as per the cancellation rights outlined in clause 14.
13.1 As a Consumer, you have certain rights to cancel your contract with SW Clean under the Consumer Contracts Regulations. These rights are as follows:
13.1.1 You have the right to cancel your contract within 14 days of the conclusion of the contract, without giving any reason.
13.1.2 The cancellation period will expire after 14 days from the day on which you receive the Confirmation Email confirming the details of your Provider.
13.1.3 To exercise your right to cancel, you must inform SW Clean of your decision to cancel the contract by a clear statement. This can be done by sending a letter by post, email, or telephone call. Alternatively, you may use the Cancellation Form or any other clear statement on SW Clean’s website (https://www.swclean.co.uk). If you use this option, SW Clean will acknowledge receipt of your cancellation on a durable medium (e.g. by email) without delay. Please use the following contact details for all cancellations: Address: 27 Old Gloucester Street, WC1N 3AX Telephone: +447576527020 Email: info@swclean.co.uk
13.1.4 To meet the cancellation deadline, it is sufficient for you to send your cancellation before the cancellation period has expired.
13.1.5 If you cancel your contract before the Services begin, SW Clean will reimburse you all payments received from you without undue delay and no later than 14 days after the day on which SW Clean is informed about your decision to cancel your contract.
13.1.6 SW Clean will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.
13.1.7 If you request the Services to begin during the 14-day cancellation period and then decide to cancel the contract, you acknowledge that you will be required to pay SW Clean or the Provider, as applicable, a proportional amount based on the Services that have been performed up to the point of cancellation. This may include a proportion of any site visit fee payable under clause 5 or any call-out charge payable under clause 9.2.
13.1.8 If you request the Services to begin during the 14-day cancellation period and the Services are completed before you decide to cancel the contract, you acknowledge that you will lose the right to cancel your contract and will be required to pay for the Services in full.
13.2 If clause 13.1 does not apply to you, whether because you are not a Consumer or because the 14-day cancellation period has expired, the remaining provisions of this clause 13.2 will apply if you cancel your contract with the Provider:
13.2.1 If you cancel the Services before the Provider begins to provide them, you have the following cancellation rights (including where you choose to cancel because the Provider is affected by an Event Outside the Provider’s Control or if the Terms are changed under clause 6.1 to your material disadvantage):
13.2.1.1 You may cancel the Services without incurring a charge up to 48 hours before the start date for the Services by contacting SW Clean. SW Clean will confirm your cancellation in writing. If you fail to give at least 48 hours notice of cancellation, you agree to pay the Cancellation Charge.
13.2.1.2 If you cancel the Services under clause 13.2.1.1 and have already made any payment in advance for Services that have not been provided to you, SW Clean will refund these amounts to you (less the Cancellation Charge, if applicable under clause 13.2.1.1).
13.2.1.3 However, if you cancel the Services under clause 13.2.1.1 and the Provider has already started work in relation to the Services by that time, you will be required to pay the Provider any reasonable costs it has incurred in starting to provide the Services (in addition to the Cancellation Charge, if applicable under clause 13.2.1.1), which will be deducted from any refund that is due to you or invoiced to you. SW Clean will inform you of these costs when you contact them. If you have canceled the Services because of the Provider’s failure to comply with these Terms (except where the Provider has been affected by an Event Outside the Provider’s Control), you do not have to make any payment to the Provider.
13.2.2 If the Services are provided on a regular or periodic basis, such as weekly domestic cleaning or gardening, you may cancel the Services without incurring a charge by providing written notice to SW Clean at least seven days before the next scheduled service. Any advance payment made for Services that have not been provided will be refunded to you, provided that if you give less than seven days notice of cancellation, you agree to pay the Cancellation Charge.
13.2.3 If the Services involve a one-off task that spans multiple days, such as garden landscaping, you may cancel the Services by notifying SW Clean after the Provider has started providing the Services to you. Any advance payment you have made for Services that have not been provided will be refunded to you. However, you will be required to pay for the Services that were provided up to the point of cancellation, in addition to any sums payable in accordance with clause 13.2.5. The sums payable under this clause 13.2.3 will be deducted from any refund due to you, or invoiced to you if no refund is due. SW Clean will inform you of these costs when you contact them.
13.2.4 Once the Provider has begun to provide the Services to you, you may cancel the Services with immediate effect without charge by giving written notice to SW Clean if:
13.2.4.1 The Provider materially breaches any of the terms in these Terms and fails to correct the situation within seven days of being notified by SW Clean;
13.2.4.2 The Terms are changed under clause 6.1, to your material disadvantage;
13.2.4.3 The Provider is affected by an Event Outside the Provider’s Control (except if it is due to your failure to comply with your obligations under clause 4), and you will be required to pay for the Services provided up to the time of cancellation.
13.2.5 If you cancel the Services and the Provider has already purchased or contractually committed to purchase any Materials with your consent, you will pay the Provider the cost of such Materials. Any such Materials which the Provider has not used in the performance of the Services will be delivered to you on receipt of payment, and ownership of the Materials will pass to you at that point. The cost of the Materials will be deducted from any refund due to you, or invoiced to you if no refund is due. SW Clean will inform you of these costs when you contact them. However, if you cancel the Services because the Provider has failed to comply with these Terms, you do not have to make any payment to the Provider for the Materials, unless the reason for the Provider’s failure is an Event Outside the Provider’s Control under clause 12.2.3, which is due to your failure to comply with your obligations.
14.1 This clause 14 is subject to any more favorable cancellation rights that you, as a Consumer, may have under clause 13.1.
14.2 If the Provider needs to cancel the Services before the agreed start date:
14.2.1 The Provider may have to cancel the Services before the agreed start date due to an Event Outside the Provider’s Control or the unavailability of key personnel or materials without which the Provider cannot provide the Services. If this occurs, SW Clean will promptly notify you of the cancellation.
14.2.2 If the Provider cancels the Services under clause 14.2.1 and you have made any payment in advance for Services that have not been provided to you, those payments will be refunded to you. However, if clause 12.2.3 applies, meaning that the Event Outside the Provider’s Control is your failure to comply with your obligations under clause 4, then the Cancellation Charge will be deducted from your refund (subject to any Consumer cancellation rights under clause 13.1).
14.2.3 If the Provider has already started preparatory work regarding the Services before the cancellation under clause 14.2.1, the Provider will not charge you anything and you will not have to make any payment. Any advance payments made will be refunded to you.
14.3 For Services provided regularly or periodically (such as domestic cleaning or gardening), once the Provider has started providing the Services to you, the Provider may cancel the Services at any time by providing you with at least 7 days written notice. Any advance payments made for Services not yet provided will be refunded to you.
14.4 The Provider may cancel the Services at any time with immediate effect by written notice to you if:
14.4.1 You fail to pay any sums due under clauses 9.13 and 9.14 when due. This does not affect the Provider’s right to charge interest under clause 9.16.
14.4.2 You materially breach any of these Terms and do not rectify the situation within seven days of being asked to do so in writing.
14.5 If the Provider cancels the Services and has already purchased or committed to purchase any Materials, you will be responsible for the cost of any Materials that have already been used in performing the Services. The cost of the Materials will be deducted from any refund due to you or invoiced to you if no refund is due. SW Clean will provide you with the relevant costs when you contact them.
15.1 SW Clean has entered into a written agreement with all of its Providers, which prohibits them from engaging in any direct or indirect employment or rendering any similar services to the clients they have been introduced to by SW Clean, during the term of their contract with SW Clean, and for a period of six months following the termination thereof. SW Clean values the expertise of its Providers and invests substantial resources in their training and development to ensure that they meet the high standards of service that are expected of them.
15.2 During the term of the Services and for a period of six months thereafter, you shall not directly or indirectly engage, or solicit the engagement of the Provider or any of its employees, workers, agents, representatives, or subcontractors, for any services that are similar or identical to the Services provided under this agreement.
15.3 In the event that you breach clause 15.2, you shall be liable to pay SW Clean the sum of £1000 as liquidated damages. You acknowledge and agree that this amount represents a fair and reasonable estimate of the damages suffered by SW Clean as a result of your breach.
15.4 The payment of the sum due under clause 15.3 shall be made on demand to SW Clean. You agree that SW Clean and/or the Provider may deduct all or part of the amount owed from any funds that they hold in connection with the provision of the Services.
15.5 This clause 15 shall remain in effect and continue to be binding upon the parties even after the expiration or termination of this agreement.
16.1 Should you have any inquiries or complaints, please feel free to get in touch with SW Clean. You can reach our customer service team through our contact details below: Address: 27 Old Gloucester Street, WC1N 3AX Telephone: +447576527020 Email: info@swclean.co.uk
16.2 In case you need to communicate with us in writing or if any clause in these Terms requires you to provide notice in writing (such as for cancellation of Services), you may send it via email to SW Clean. We will acknowledge receipt of your message in writing. If there is a need for SW Clean to contact you or give you a notice in writing on behalf of the Provider, we will do so through email.
17.1 The Provider acknowledges that any personal information that you provide to SW Clean and/or the Provider shall be used solely for the purpose of providing the Services to you and, where applicable, for processing your payment for the Services.
17.2 SW Clean warrants that any personal information that you provide to SW Clean and/or the Provider shall be processed in accordance with its Privacy Policy, which can be accessed at https://www.swclean.co.uk/privacy-policy. We strongly advise that you read and fully understand the Privacy Policy, as it sets out important terms that are applicable to you.
18.1 Any provision in these Terms that are intended to remain in effect after the termination or expiry of the contract will continue to be enforceable.
18.2 Termination or expiry of the contract will not affect any rights, remedies, obligations, or liabilities that have accrued up to the date of termination or expiry. This includes the right to claim damages for any breach of the contract that existed at or before the date of termination or expiry.
18.3 The Provider may transfer its rights and obligations under these Terms to another organization. If such a transfer takes place, SW Clean will notify you in writing. However, this will not affect your rights or the Provider’s obligations under these Terms.
18.4 This contract is between you and the Provider, and no other third party shall have any rights to enforce any of its terms except for SW Clean.
18.5 Each clause of these Terms is separate and distinct from the others. If any provision or part-provision of these Terms is or becomes invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary to make it valid, legal, and enforceable. If modification is not possible, the provision or part-provision will be deleted. However, such modification or deletion will not affect the validity and enforceability of the rest of these Terms.
18.6 If the Provider fails to insist that you perform any of your obligations under these Terms, or if the Provider does not enforce its rights against you or delays in doing so, it will not mean that it has waived its rights against you. You will still be obligated to comply with those obligations. If the Provider does waive a default by you, it will only do so in writing sent to you by SW Clean, and that will not mean that it will automatically waive any later default by you.
18.7 These Terms are governed by English law, and you and the Provider agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
18.8 When the words “writing” or “written” are used in these Terms, they will include email unless stated otherwise.
18.9 Unless the context otherwise requires, words in the singular shall include the plural, and in the plural shall include the singular.
18.10 Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression will be considered illustrative and will not limit the sense of the words, description, definition, phrase, or term preceding those terms.
19.1 The following definitions are applicable to these Terms, and they shall have the following meanings when capitalized:
19.1.1 “SW Clean” refers to Seven7een Limited, trading under the name “SW Clean,” a company registered in England with the registered company number 13649662, and having its registered office at 27 Old Gloucester Street, London, WC1N 3AX;
19.1.2 “Cancellation Charge” refers to (i) the cost of the Services for cleaning services, or (ii) for all other services, a sum equivalent to 60% of the price of the Services, or £60 (whichever is lower), to cover the Provider’s out-of-pocket expenses resulting from your late cancellation of the Services;
19.1.3 “Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft, or profession;
19.1.4 “Consumer Contracts Regulations” refers to the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 (2013/3134), as amended from time to time;
19.1.5 “Customer Equipment” refers to all domestic cleaning materials and equipment required to perform cleaning services, including but not limited to cleaning fluids and sprays, cloths, other applicators, brooms, mops, buckets, vacuum cleaners, ironing boards, washing machines, and other standard domestic cleaning appliances;
19.1.6 “Event Outside the Provider’s Control” is defined in clause 12.2;
19.1.7 “Confirmation Email” refers to the email sent by SW Clean to you following your initial booking inquiry, attaching a copy of these Terms, and outlining the details of the Services you have requested, the estimated timescales and costs involved, and other key information relating to the provision of the Services;
19.1.8 “Materials” refers to any materials, goods, parts, or items that the Provider needs to purchase in order to perform the Services, as stated in the Confirmation Email;
19.1.9 “Provider” refers to the service provider allocated by SW Clean to provide the Services to you;
19.1.10 “Provider Equipment” refers to any cleaning materials and equipment to be provided by the Provider as specified in the Confirmation Email;
19.1.11 “Services” refers to the services that the Provider is providing to you in accordance with your booking and as outlined in the Confirmation Email;
19.1.12 “Terms” refers to the terms and conditions set out in this document;
19.1.13 “VAT” refers to value-added tax;
19.1.14 “Working Days” refer to Monday to Friday each week, excluding Bank Holidays.