Terms and Conditions of Service

1.1Cleaning services are provided by ABC Services Co Ltd, a company registered in Gibraltar with company number 43177, whose registered office is at Unit 5, 12A North Mole Road, North Commercial Estate, Gibraltar GX11 1AA, hereinafter referred to as "ABC".

1.2In these terms, "ABC", "we", "us", "our" and "the Company" all mean ABC Services Co Ltd.

1.3In these terms, "you" and "the Client" mean the person or organisation engaging ABC; the "Premises" means the property at which the work is to be carried out; and the "Services" means the work described in ABC's quotation.

2.1Our quotation is an offer to provide the Services on these terms. A contract is formed when you accept our quotation in writing, including by email.

2.2These Terms and Conditions take supremacy over any other business or purchase conditions that the Client may offer, unless alternative terms and conditions have been accepted in writing by a director of the Company. There will be no change or modification to these Terms and Conditions that will take effect unless it is agreed upon in writing by a director of the Company.

2.3Any of these terms and conditions may be changed by the Company at any time and without prior notice. Changes will not affect existing contracts; they will only be applicable to new business.

2.4Any usage of the Company's services, including placing orders and seeking quotations for services by telephone, fax, email, live chat, or internet forms, indicates acceptance of these Terms and Conditions, and the Client acknowledges and agrees to this fact.

2.5These terms are provided with, or referred to in, every quotation we issue, and are available on request and on our website. By accepting our quotation you accept these terms.

2.6These terms are the entire agreement between us. Anything said in conversation which is not recorded in the quotation or in these terms does not form part of the contract.

2.7Our quotation is valid for 30 days, unless this period is extended by written mutual consent, and is based on the information you have given us about the Premises and the work required. If the position at the Premises differs materially from what we were told, we may need to revise the price, and we will tell you before continuing.

3.1You will give us access to the Premises at the agreed time, and will tell us in advance of anything we need to know in order to gain access, including any intercom, entry system, alarm or lock which is not working.

3.2You will tell us before we begin about anything at the Premises which is damaged, defective, fragile, loose or in need of repair, and about anything requiring particular care. This includes plumbing, pipework, fittings, electrical installations, and any item of unusual value.

3.3You confirm that, so far as you are aware, the fixtures, fittings, pipework and installations at the Premises are sound and in reasonable working order. We rely on this when planning and pricing the work.

3.4You will make sure the Premises has a working water supply, electricity and lighting, and that we can reach the areas where we are to work.

3.5If you are not the owner of the Premises, you confirm that you have the owner's permission for the work to be carried out.

3.6You will keep the Premises reasonably safe for our staff and will tell us of any hazard.

3.7Before cleaning can start, everything that is particularly breakable or sensitive needs to be secured or taken out. Money, jewellery, sentimental items, artwork and antiques are excused from our accountability unless you have told us about them and specifically asked us to work on or around them.

4.1We are not responsible for damage which is caused by, or which arises from, a defect, weakness or deterioration in the Premises or its fixtures, fittings, pipework or installations which was present before we attended, whether or not that defect was visible or known to you.

4.2This includes the failure of fittings, seals, joints, connectors or pipework by reason of age, wear, corrosion, material degradation, poor original installation, or ordinary contact of the kind to be expected during the work.

4.3Where we consider it appropriate, we may make a written or photographic record of the condition of the Premises before we begin. We will share a copy with you if you ask. This protects both of us.

4.4When the work is finished, our supervisor will check it before our staff leave. If you are at the Premises, we will invite you to inspect the work and to tell us there and then if anything needs attention.

4.5We may also take dated photographs of the completed work, as a record of the condition in which we left the Premises. We will provide copies to you on request, and we keep them for the period described in clause 11.4.

5.1Our price is as stated in the quotation and includes labour, materials and equipment unless we say otherwise.

5.2We will invoice you on completion of the Services, or as set out in the quotation where the work is carried out in stages or under a recurring contract. Payment is due within 30 days of the date of our invoice.

5.3If you have a complaint about the Services, please raise it under clause 6. You hereby agree not to withhold the whole invoice because of a complaint about part of the work; we will deal with the complaint and adjust the invoice if that is the right outcome.

5.4If an invoice is not paid when due within 30 days of the date of our invoice, we may charge interest at 3% per year above the base rate of the Bank of England, from the due date until payment. We will not charge interest on any sum which is genuinely in dispute while we are dealing with your complaint.

This clause sets short time limits for telling us about a problem. Please read it before the work begins.

6.1If you are not satisfied with any part of the Services, please inform us within 24 hours detailing the issues that you are unhappy with. We would much rather put something right than have you unhappy with our work. This clause is our complaints procedure.

6.2How to complain. Please contact us in writing, at the address abcshyrene@gibtelecom.net, within 24 hours and in any event not later than 3 working days of the visit.

6.3What we will do. We will acknowledge your complaint within 2 working days, and give you a full written response within 10 working days. If we need longer than that, we will tell you why and when you will hear from us.

6.4Who deals with it. Complaints are handled by management. If you are not satisfied with our response, you may ask for the matter to be reviewed by the Managing Director, whose decision is our final position.

6.5Putting it right. Where a complaint is justified we will return and carry out the work again at no charge, or make a fair reduction to the invoice, whichever you prefer.

6.6Telling us promptly matters, because the position at the Premises can only sensibly be assessed before it is used, occupied or otherwise affected. If you tell us late, we may not be able to establish what the position was when we left, and that may affect what we can reasonably be expected to do.

6.7Nothing in this clause affects your statutory rights, or your right to complain to anyone else.

This clause matters. Please read it before the work begins.

7.1If you believe we have caused damage at the Premises, please tell us in writing as soon as you reasonably can, and in any event within 24 hours of discovering it.

7.2Before any repair or replacement is carried out, please give us a reasonable opportunity to inspect the damage, and to have it inspected by anyone we appoint. Please keep any part, fitting or item which is removed, and any photographs taken.

7.3We ask this because once a repair has been carried out, it is usually impossible for anyone to establish what caused the failure. If we are not given that opportunity, it may not be possible to resolve the matter fairly, and our responsibility will be limited to the extent that we have genuinely been prevented from investigating.

7.4If you hold insurance covering the damage, please tell us, and tell us whether you have made a claim. Where both of us are insured, it is usually quickest for the insurers to deal with each other, and we will put you in touch with ours.

7.5Nothing in this clause requires you to delay urgent work needed to make the Premises safe or to prevent further damage. If urgent work is needed, please take photographs first if you safely can, and keep any parts removed.

7.6Your rights are not shortened by these time limits. Where you are contracting as a consumer, that is for purposes wholly or mainly outside a business, the time limits in clauses 6.1, 6.2 and 7.1 do not shorten, and are not intended to shorten, any period allowed by law for bringing a claim. Under the Limitation Act those periods are generally six years from the date the cause of action accrued, three years in the case of personal injury, and where damage could not reasonably have been discovered when it occurred, time may run instead from the date you became aware of it. If you tell us later than clause 6.2 or clause 7.1 asks, you do not lose your right to bring a claim. What late notice may affect is what either of us is able to establish about what happened, and clause 7.3 applies accordingly.

This clause limits what we pay if something goes wrong. Please read it before the work begins.

8.1If we fail to use reasonable care and skill and you suffer loss or damage as a result, we are responsible for that loss or damage. This clause explains the limits.

8.2Our total liability arising out of or in connection with any one contract, or any series of connected events, shall not exceed the lower of (a) £1,000; and (b) the replacement value of the item or items affected. In these terms the "replacement value" of an item means the cost of repairing it, or the cost of replacing it with an item of the same or a closely similar age, type, specification and condition, whichever of those two costs is the lower. We are not obliged to replace an item with a new one, or to pay the cost of a new one, where the item damaged was not new.

8.3Evidence of loss. Where you make a claim against us in respect of any loss or damage, you must first provide us with reasonable documentary evidence of that loss or damage and of its value. That evidence should include, so far as it is available to you, proof that the item belonged to you or that you are otherwise entitled to claim for it; the age of the item and its original cost, supported by a receipt, invoice, bank or card statement, valuation, warranty or comparable record; photographs of the item and of the damage; and at least one written quotation for its repair or replacement. Where we ask you to do so, you must also make the item, or the damaged part of it, available for inspection in accordance with clause 7.2. We are not obliged to make any payment, and are not liable, in respect of any part of a claim which is not supported by evidence of the kind described in this clause. Where the value of an item cannot be established, our liability for that item is limited to a reasonable estimate of its value made by us acting reasonably.

8.4Gestures of goodwill. We may from time to time offer to repair or replace an item, to re-attend and carry out work again, or to reduce, waive or refund an invoice, as a gesture of goodwill and in order to resolve a matter quickly and amicably. Any such offer, and anything said, done, offered or paid by us in the course of investigating, discussing or settling a complaint or claim, is made without any admission of liability, fault, negligence or breach of contract on our part. It is not evidence that we caused the loss or damage complained of, does not affect any limit or exclusion in these terms, and does not create any precedent, practice or entitlement in respect of any other matter, visit or client. Any gesture of goodwill is offered in full and final settlement of the matter to which it relates unless we state otherwise in writing, and the value of any goodwill payment, reduction or refund counts towards the limit in clause 8.2.

8.5We are not responsible for loss of profit, loss of rent, loss of a deposit, the cost of alternative accommodation, business interruption, loss of stock or goodwill, or similar indirect or consequential losses.

8.6We are not responsible for loss or damage which was not caused by our failure to use reasonable care and skill, including anything falling within clause 4.

8.7We maintain public liability insurance. Details of our cover are available on request.

8.8Nothing in these terms limits or excludes our responsibility for:

• (a) death or personal injury caused by our negligence;
• (b) fraud or fraudulent misrepresentation;
• (c) anything else which cannot lawfully be limited or excluded.

9.1Please direct any request or instruction to us rather than to our staff at the Premises. Our staff are not authorised to agree changes to the work or the price.

9.2Please do not ask our staff to carry out work outside the agreed scope, to use your own equipment or products, or to move heavy items. If you would like additional work done, please ask us and we will quote for it.

The next clause restricts your right to employ our staff.

9.3You hereby agree that for 6 months after we carry out work for you, you will not directly employ or engage any member of our staff who has attended the Premises, without first agreeing terms with us.

9.4Respect for our staff. Our staff are entitled to carry out their work free from abuse, threats, violence, harassment, bullying, intimidation and discrimination, and free from any conduct which is unlawful or which would put their rights as employees at risk. We do not require or expect any member of our staff to tolerate such conduct, and we will support any member of staff who reports it.

The next clause allows us to stop work and end the contract immediately.

9.5Our right to withdraw. We may withdraw our staff from the Premises, suspend the Services and end the contract with immediate effect, at any time, without notice and without liability to you, if in our reasonable opinion any of the following applies:

• (a) any member of our staff is subjected to abusive, threatening, violent, harassing, intimidating or discriminatory conduct, or to any other treatment we consider unacceptable, whether by you, by anyone else present at the Premises, or by anyone acting on your behalf;
• (b) the Premises is or becomes unsafe, or the health, safety, welfare or legal or employment rights of any member of our staff are being violated, or are in our view at risk of being violated or compromised, including where you ask or expect our staff to work in a way that would breach those rights or any applicable law; or
• (c) your conduct, or anything occurring at or in connection with the Premises or the Services, damages or is in our view likely to damage our reputation, image or standing, or that of our staff.

9.6If we withdraw under clause 9.5, you remain liable to pay for all Services carried out up to the point of withdrawal, and we will not be responsible for any loss, cost, delay or inconvenience arising from the withdrawal or from the Services not being completed. We may also decline to accept any further instructions from you. Nothing in this clause limits any other action available to us or to any member of our staff, including reporting the matter to the police or to any other authority.

10.1If you give us keys or entry codes, we will keep them securely and use them only for the purpose of carrying out the Services.

11.1ABC is the controller of the personal information it holds about you for the purposes of the Gibraltar GDPR and the Data Protection Act 2004. We process your personal information in accordance with that legislation. We collect your name, contact details, the address of the Premises, records of the work carried out and the payments made, and photographs of the Premises and of the work (see clauses 4.3 and 4.5).

11.2We use that information to provide you with a quotation, to carry out and schedule the work, to invoice you and collect payment, to deal with any query or complaint, to meet our legal and regulatory obligations, and to keep proper business records. Providing this information is necessary for us to quote for and carry out the work; if you do not provide it, we will not be able to enter into or perform this contract.

11.3We may share your information with our insurers and insurance brokers, our professional advisers, and our payment and accounting providers, including another company in our group which handles our accounting and invoicing on our behalf. Where an incident or a complaint arises, we may need to make enquiries of, and share relevant information with, our insurers, our advisers, contractors, utility or service providers, and other companies in our group (for example our legal and HR functions), in order to investigate what happened and to deal with any claim.

11.4We keep your information for as long as it is needed for those purposes, including for so long as a claim could be brought, and we then delete or anonymise it. Where we are required by law to keep records for a fixed period, we keep them for that period.

11.5Our Privacy Notice. Fuller information about how we use your personal information is set out in our Privacy Notice, which covers our lawful bases for processing, your rights under the Gibraltar GDPR, how long we keep information, any transfer of information outside Gibraltar, and information you give us about other people. Our Privacy Notice is available on our website alongside these terms, and we will send you a copy at any time on request.

11.6If you are not satisfied with how we have handled your information, you may complain to the Information Commissioner, which in Gibraltar is the Gibraltar Regulatory Authority, 2nd Floor, Eurotowers 4, 1 Europort Road, Gibraltar GX11 1AA, info@gra.gi. You do not need to contact us first. You may also have the right to seek a remedy through the courts and to claim compensation. Our Privacy Notice explains this further.

12.1If we are prevented from carrying out the Services by something outside our reasonable control, we will contact you as soon as we can and rearrange. We will not be responsible for delay caused in that way, but if the delay is substantial you may cancel and we will refund anything you have paid for work not done.

13.1Either of us may end the contract by giving the other reasonable notice in writing. Where the Services are provided under a recurring contract, the notice period is as stated in the quotation, or one month if none is stated.

13.2If you end the contract after we have started work, you agree to pay for the work done up to that point, the value of the work to be assessed by us.

13.3We may stop work if the Premises is unsafe, if access is not given, or if an invoice remains unpaid after we have asked you for payment and given you a reasonable time to pay. We may also stop work and end the contract immediately in any of the circumstances described in clause 9.5.

13.4Your statutory right to cancel. Where you are contracting as a consumer, that is for purposes wholly or mainly outside a business, and the contract was made at a distance (for example by email or telephone) or away from our premises, you have a statutory right under the Consumer Rights on Contracts Regulations 2013 to cancel within 14 days of the day the contract was made, without giving a reason. To cancel, tell us in writing before the 14 days are up.

13.5If you ask us to begin the Services during that 14-day period and we do so, you may still cancel, but you will need to pay for the work already done up to the point you cancel. If we complete the Services during that period at your express request, and we have told you that you will lose it, your right to cancel is lost.

The next clause allows us to charge you for a late cancellation.

13.6You may also cancel or reschedule an appointment at any time. If you cancel with less than 24 hours' notice, we may charge a reasonable amount to cover costs we cannot recover, and we will tell you what that is.

13.7Nothing in these terms affects your statutory rights. If anything in these terms is inconsistent with those rights, your statutory rights prevail.

14.1Our staff may see personal or business information in the course of working at the Premises. We treat everything we see and are told as confidential, and we will not pass it on to anyone else, except where we need to in order to carry out the work, where the law requires it, or as set out in clause 11.

14.2Where you are a business, each of us will keep confidential any commercially sensitive information the other provides, including prices, methods of work and job records, and will use it only for the purposes of the contract. That obligation continues for 2 years after the contract ends.

14.3Nothing in this clause prevents you from making a complaint, from telling anyone about the standard of our work, or from exercising any legal right. We do not ask our clients to keep quiet about their experience of dealing with us.

15.1Any change to these terms or to the agreed work must be agreed in writing.

15.2If we do not insist on a right straight away, that does not mean we have given it up.

15.3If any part of these terms cannot be enforced, the rest continues to apply.

15.4These terms are governed by the law of Gibraltar, and the courts of Gibraltar have jurisdiction.