A. Miscellaneous
- This BTA alongside our billing letter forms and constitutes the whole Agreement between the Customer and Kaina Clean, and cannot be amended unless agreed in writing by Kaina Clean and the Customer. If a court finds any clause unenforceable then the remainder of the BTA shall remain workable and intact.
- The whole BTA shall be interpreted in accordance with the law of the country the service is provided in and any disputes shall be resolved by the courts of that country.
B. Service & Remittance
- The services to be provided by Kaina Clean under this BTA shall commence on the day of the first clean unless the customer exercises his right to cancellation as described in section G, and shall comprise of access to Kaina Clean’s database of (vetted for introduction) cleaners and the services set out at section E. If Kaina Clean considers it necessary to make variations in the service supply, Kaina Clean reserves the right to make these variations as it sees fit. All cleaners available for introduction shall be vetted using all reasonable endeavours to an extent that Kaina Clean considers fit in its sole discretion.
- The amounts payable by the Customer to Kaina Clean and directly to the Cleaner shall be set out in the billing letter which shall specify any additional charges and one-off payments as well as amounts payable by the Customer directly to the cleaner.
- Payment to Kaina Clean shall be made by way of a monthly advance payment (standing order or Direct Debit) or, in all other instances, by cheque, card or bank transfer at a rate of £40/cleaner visit or the current blitz rate/cleaner visit.
- Responsibility for all payments to the cleaner shall at all times remain with the Customer. All payments to the cleaner shall be made in cash on the day when services are performed by the cleaner or as otherwise agreed with the cleaner.
- Irrespective of whether or not a Customer is using a cleaner introduced by Kaina Clean, all payments to Kaina Clean, other than one-off payments, will continue until the agreement is terminated lawfully in accordance with section G.
- If the BTA is terminated lawfully in accordance with section G, all payments to Kaina Clean shall cease.
- Kaina Clean will not refund any advance payment upon receipt of termination notice from the Customer. No refunds will be given during notice period. A service credit can be provided for agency fees paid in advance. If a Customer declines the service no refunds will be made.
- If for any reason the Customer continues to pay Kaina Clean following termination, Kaina Clean reserves the right to charge a reasonable administration fee for each overpayment.
- Kaina Clean reserves the right to claim interest at market rates for overdue fees.
- Where the Customer cancels an appointment with less than 12 hours’ notice, the Customer shall pay to the cleaner a late cancellation charge of £7.50.
C. Insurance Cover
- All Kaina Clean cleaners whose services are used by the Customer will be covered primarily by the Customer’s own insurance policies and as a contingency, covered by Kaina Clean’s Public Liability policy which has a limit of £1 million of public liability including damage or loss to the Customer on the express condition that such loss and/or damage is caused by negligence of the cleaner which was introduced by Kaina Clean.
- The policy covers damage or loss on an indemnity basis provided that the damage or loss in each event is greater than £100 and the policy does not cover possession or property theft. Kaina Clean cannot accept liability for the first £100 of each item in any claim, which shall be for the Customer’s account. The policy covers damage that the cleaner may cause when carrying out his or her duties & is subject to other terms which are available upon request. Bleach is a banned substance & spills are not covered.
- Kaina Clean accepts no liability for insurance unless the fee has been paid to Kaina Clean in advance.
D. Liability Exclusion
- To the extent that such exclusions are allowed at law and excepting claims for bodily injury or death due to negligence on the part of Kaina Clean, their employees or any introduced cleaner, Kaina Clean does not accept any responsibility for any type of damage or loss to the Customer or the Customer’s goods or premises even if the terms of the BTA are breached by a Kaina Clean employee, (or the introduced cleaner) whether willfully or negligently, in contract or in delict, in breach of express or implied terms which includes omission of duty by Kaina Clean or its introduced cleaners.
- Kaina Clean accepts no liability for any failure of service in any way relating to this BTA including ‘acts of god’.
- Kaina Clean will not be held liable to carry out unfinished tasks, nor will it incur liability for not carrying out terms of this BTA if the Customer is in breach of any obligation to Kaina Clean. The Customer must give reasonable time to allow Kaina Clean to put right any breach. Kaina Clean shall have the right to terminate the agreement if unable to put right the breach. In such an instance, Kaina Clean shall have the same action or redress against the Customer as if it were the Customer that was in breach enabling Kaina Clean to terminate the agreement.
- The ownership and responsibility for the return of Customer keys remains between the Customer and the cleaner. Kaina Clean cannot accept any responsibility for losses that arise out such instances.
E. Kaina Clean Shall:
- Advertise for cleaners.
- Interview cleaners in their own home.
- Reference and ID check cleaners.
- Check that the cleaner is eligible to work legally in the UK.
- Provide the most suitable cleaner to the Customer.
- When requested, arrange for a replacement cleaner if the usual cleaner is on holiday, poorly or if the Customer is unhappy with the cleaner.
- Use reasonable endeavor to provide a prompt reply service to issues or questions raised by the Customer when required.
- Comply within the terms of the law at all times.
- Provide insurance cover as detailed elsewhere.
F. The Customer Shall:
- . Notify Kaina Clean of any amendments to the times or daily schedules that the introduced cleaner attends.
- Take ownership of the arrangement of work direction, periods & tasks, providing clear work requests.
- Provide one full day’s period of notice to the introduced cleaner and Kaina Clean of any amendments to existing work arrangements, including that of requesting a replacement introduced cleaner.
- Contact Kaina Clean directly if a temporary cleaner is required due to the regular cleaner’s illness or holiday as replacements are not automatically supplied, as not all Customers require them (due to key handling etc).
- Inform Kaina Clean regarding the intention to employ a Kaina Clean introduced cleaner or dismiss a cleaner introduced by Kaina Clean.
- Accept a cleaner on a ‘non-preferred day’ if a cleaner is being sought by Kaina Clean or on holiday or during cleaner sickness periods.
- Bear the cost of recovery of agency fees in the event of non-payment.
- Ensure the provision of unambiguous domestic work requests.
G. Agreement Termination:
- The Customer has the right to cancel the BTA within an initial “cooling off” period of 14 calendar days from date of requesting the service. Notice should be provided in writing by post or email to the address on the letterhead. If this right to cancel is exercised, the Customer shall not be liable for any sums to Kaina Clean unless the Customer specifically asked for the service to begin before the end of the cooling off period. After expiry of the cooling off period the Customer can cancel the BTA by giving the lesser of 2 months prior notice or notice in accordance with the billing letter.
- Kaina Clean can terminate the BTA with the Customer at any time by writing to the Customer giving the lesser of 2 months prior notice or notice in accordance with the billing letter.
- The Customer agrees not to recommend any Kaina Clean introduced cleaner to anyone else unless the Kaina Clean service is used.
- For a period of 18 months following termination, the Customer agrees not to use or employ any current or past cleaner introduced by Kaina Clean . Should the client be in breach of this termination clause Kaina Clean shall be entitled to charge the agency fee from the commencement of any unpaid period during the 18 month period.
H. Data Protection:
Kaina Clean will process your personal information as set out in the Kaina Clean Privacy Notice which can be found at https://kainaclean.co.uk/privacy-policy/