1. Definitions
1.1. "Client" means the individual or organisation who buys or agrees to buy Goods or Services from the Contractor.
1.2. "Contractor", "Us", "We" means 3Cycle Ltd.
1.3. "Contract" means the contract between the Contractor and the Client for the purchase of Goods and Services comprising the Quotation and these Terms and Conditions.
1.4. "Service Provider" means the individual providing services on behalf of the Contractor, which may include but is not limited to Window Cleaners, Handymen, and Cleaning or maintenance operatives.
1.5. "Goods" means the articles that the Client agrees to buy from the Contractor.
1.6. "Services" means the provision of services by the Contractor, which may include but are not limited to window cleaning, handyman, jet washing, and cleaning services.
1.7. "Site" means the site where the Services will be performed.
1.8. "Service Visit" means the visit to the Client's address by the Service Provider in order to carry out the Service.
1.9. "Terms and Conditions" means the terms and conditions set out herein.
1.10. "Quotation" means the Contractor's written quotation for the Contract work to which these Terms and Conditions apply.
2. Contract & Responsibility
2.1. These Terms and Conditions represent a contract between the Contractor and the Client.
2.2. The Client agrees that any use of the Contractor's services, including placing an order for Services on our platform, by telephone, email, or website forms, shall constitute the Client's acceptance of these Terms and Conditions.
2.3. No variation to this Contract shall be binding on the parties unless made in writing and signed on behalf of both parties.
2.4. Where this Contract is entered into by a consumer, nothing in these Terms and Conditions shall affect the Client's statutory rights as a consumer.
3. Equipment & Materials
3.1. The Contractor will provide all materials and equipment necessary to carry out the Service, except as otherwise specified below:
3.1.1. For Handyman Services: Any materials needed will be supplied and charged extra by the Contractor.
3.2. The Client must provide electricity and sufficient light at the premises where the Service takes place. For Cleaning Services, the Client must also provide running water.
4. Payment
4.1. Payment Terms
4.1.1. For Window Cleaning and Cleaning Services: Payment is due prior to Service commencement via online card payment with a specified third-party payment platform. All Services are pre-paid, or payable on completion if booked not via the website.
4.1.2. For Handyman Services: A deposit is due prior to the service commencement via online card payment with a specified third-party payment platform. The remaining balance will be taken from the card used to pay the deposit once work has been completed based on the applicable hourly rate.
4.2. Subscription Packages
4.2.1. Unless otherwise stated in writing, by signing up to our subscription packages you are entering into a 12-month direct debit agreement. The agreement offers its own break clause set at 6 months for residential only. Commercial agreements will be specified individually, but a 12-month minimum duration will be the standard if not specified.
4.2.2. The Contractor reserves the right to cancel the subscription, without prejudice, to any client who does not adhere to the outlined Terms & Conditions. This service is due in advance on sign-up by way of automated invoice.
4.2.3. Subscription prices are based on a package price quoted to complete the service. The Contractor reserves the right to limit or extend time allocation in accordance with work carried out to ensure an adequate standard is achieved.
4.2.4. Adjustment of Subscription Service Hours/Frequency: During an active Contract period for regular Services under a subscription package, the allocated service hours or frequency as defined in the subscription agreement may not be unilaterally decreased by the Client. The Client may request an increase in the allocated service hours or frequency. Should the Contractor agree to such an increase, this will constitute a material change to the Service agreement, necessitating the establishment of a new Contract. Consequently, a new Contract period shall commence from the date of implementation of the increased service hours or frequency, and the terms of this new Contract, including but not limited to pricing and duration, will be provided to the Client for written acceptance prior to the commencement of the revised Service schedule. The terms of the pre-existing Contract concerning service hours or frequency shall be superseded by the new Contract upon its commencement.
4.3. The Contractor reserves the right to charge interest on invoiced amounts unpaid for more than 14 days at the rate of 12% per annum above the Bank of England base rate from the due date until the date of actual payment.
4.4. If the Contractor is forced to refer the Client's account for collection to a third party, then an extra fee may be added to the outstanding amount by the debt collecting Contractor.
4.5. The Contractor reserves the right to cancel any contract and back charge additional fees for a past Service to reflect the balance of the standard rate if any misleading or false information was used to obtain discounted service or if the given general requirements for the Service and its professional performance would not be possible.
5. Online Booking System
5.1. Services booked through the Contractor's online booking system are scheduled and priced based upon the information provided by the Client at the time of booking and the system's calculated time allocation for the described Services.
5.2. The Contractor's Service Provider(s) will diligently perform the requested Services and endeavour to complete as much of the specified work as is reasonably practicable within the allocated time slot for the Service Visit.
5.3. By utilising the online booking system, the Client acknowledges and agrees that the Service is rendered on a time-based allocation. The scope of work completed will be dictated by the duration of the booked service slot.
5.4. For a more comprehensive assessment of service requirements and a bespoke Quotation tailored to specific needs that may extend beyond or differ from standard time allocations, the Client is expressly encouraged to contact the Contractor directly to arrange a consultation prior to booking any Service.
6. Cancellation & Refunds
6.1. Cancellation
6.1.1. The Client can cancel or reschedule the booked Services by giving no less than 48 hours' prior notice in writing. No cancellation or rescheduling fee is applied in this case.
6.1.2. If the Service is booked with less than 48 hours before it takes place, the Client waives the right to cancel the booking. In case the Service is cancelled, the Contractor requires the Client to pay a 50% cancellation fee.
6.1.3. If the Client cancels a subscription of the Services according to the break clause, in accordance with Section 4.2, a cancellation fee will be applied. Subscription contracts cannot be cancelled prior to the break clause period.
6.1.4. The Client must pay the full price of the booked Service if:
- a) Our Service Providers arrive at the Client's address and are unable to gain access to the Client's property, through no fault of the Service Providers.
- b) The Client or a third party has prevented the Service Provider from doing their job.
- c) If keys are provided, they must open all locks without any special effort or skill.
- d) If the Client reschedules the Service upon arrival of the Service Provider onsite, any cancellation fees are 100% of the booking.
6.1.5. If the Client needs to change the Service or time, the Contractor will do its best to accommodate. Any changes to a booked Service are subject to 48 hours' prior notice and availability.
6.1.6. The Contractor works Monday to Saturday, excluding Bank Holidays. If the Client's Service is due on a Bank Holiday, the Contractor will get in touch at least 2 weeks in advance of the Service session to reschedule the visit or offer other options.
6.2. Refunds
6.2.1. No refund claims will be entertained once the Services have been carried out.
6.2.2. A refund will be issued only if the Client has cancelled a Service within the required notice period as specified in Section 6.1.1 and payment has already been taken by the Contractor.
6.2.3. A refund will be issued in cases where a Service Provider does not attend a Service for which payment has already been collected by the Contractor.
7. Service-Specific Terms
7.1. Window Cleaning Services
7.1.1. Bad Weather: We work under all weather conditions, even in the rain. There will be occasions where adverse weather conditions will affect health and safety. Under these circumstances, your clean will be rescheduled to another day.
8. Pictures of Before and After Work
8.1. We take before and after photos of our work. These pictures are used for training, proof of performance as well as promotion. If you do not want pictures taken of work areas around your home, please notify us when you schedule your Service.
9. Employment Referral
9.1. The Client is liable for an employment referral fee of £1,000.00 per person, should they directly employ, either legally or on a cash basis, anyone currently employed by the Contractor. The Client agrees to pay this fee whether they notify the Contractor of their action or the Contractor discovers this employment independently at any time after it occurs. The Client further agrees to reimburse the Contractor for any and all collection or legal fees the Contractor incurs in collecting this fee.
10. Damages & Breakages
10.1. While the Contractor makes every effort not to break items, accidents do happen. Identical replacements are always attempted but not guaranteed. For this reason, the Contractor requests all irreplaceable items, whether monetarily or sentimentally valuable, be stored away and/or not included in the Service area.
10.2. In case of damage, the Contractor will repair the item at its cost. If the item cannot be repaired, the Contractor will rectify the problem by crediting the Client with the item's present actual cash value toward a like replacement from a Contractor's source upon payment of Service rendered.
10.3. The Contractor will not be responsible for damage due to faulty and/or improper installation of any items, or old, worn out, or damaged items. All surfaces, including marble, granite, etc., are assumed sealed and ready to clean without causing harm.
11. Complaints
11.1. All complaints must be received in writing by text message or email and include photographic evidence of the issued area and description of the issue within reasonable time of Services completion, to ensure that the details are received in a clear and complete manner. Due to the nature of the Service, reasonable time is equal to up to 28 hours upon completion of the Service.
11.2. If the Client is displeased with a currently occurring Service, the Contractor asks that the Client notifies them as soon as they notice anything that might be to their dislike by calling 07846 967122. Please do not wait until the Service has ended.
11.3. Further to Consumer Rights Act 2015, the Service should be performed with reasonable care and skill; however, if it is in conformity with our requirements for a professional performance of the Service or the requested Service is inapposite for the situation, the Contractor will not be liable for any future issues.
12. Liability
12.1. The Contractor will not be liable under any circumstances for any loss, expenses, damages, delays, costs, or compensation, whether direct, indirect, or consequential, which may be suffered or incurred by the Client arising from or in any way connected with a late arrival of the Service Provider at the Service address. The Contractor endeavours to be right on time on any visit but sometimes, due to transport-related and other problems which are beyond the Contractor's control, the Service Provider may arrive with a delay or the Service Visit may be rescheduled.
12.2. The Contractor will not be liable under any circumstances for any loss, expenses, damages, delays, costs, or compensation, whether direct, indirect, or consequential, which may be suffered or incurred by the Client arising from or in any way connected with:
12.2.1. A service not being completed due to the lack of required utilities, e.g. electricity or water.
12.2.2. A third party entering or being present at the Client's premises during the service process.
12.2.3. Existing damage to the Client's property which cannot be remedied using the Contractor's standard methods and materials.
12.3. The Contractor will not be liable under any circumstances for any loss, expenses, damages, delays, costs, or compensation, whether direct, indirect, or consequential, which may be suffered or incurred by the Client arising from or in any way connected with the Contractor providing Services for the Client if the Client has an outstanding amount aged 14 days or more from the date the payment was due.
12.4. Except in the case of death or personal injury caused by the Contractor's negligence, the entire liability of the Contractor under or in connection with this Contract shall not exceed the price paid by the Client to the Contractor under this Contract in the 12-month period preceding the claim.
12.5. Notwithstanding anything else contained in this Contract, the Contractor shall not be liable to the Client for loss of profits or contracts, or any indirect or consequential losses, whether arising from negligence, breach of contract, or otherwise.
13. Supplementary Terms
13.1. If the Client requests keys to be collected by the Service Provider or Contractor operative from a third party's address outside the postal code of the serviced address and within reasonable distance, then a charge will be applied. The charge will cover only the pick-up of keys. If said keys need to be brought back to the third party's address or any other address, an additional charge will be applied.
13.2. The Contractor reserves the right to re-evaluate rates at any time should the Client's initial list of tasks change.
13.3. The Contractor reserves the right to amend the initial quotation should the Client's original requirements change. Differences in excess of 10% will be discussed with the Client prior to the start of the work.
13.4. If any estimates of how long it will take the Service Provider to complete the job are provided, those are only estimates based on the average time it takes to complete similar services, it being difficult to calculate precisely how long such tasks may take, and a degree of flexibility may be required.
13.5. The Contractor will arrange an immediate replacement should a Service Provider be unable to attend a scheduled Service Visit, and will inform the Client prior to the visit. The time may vary due to the last-minute rearrangements needed.
13.6. If any special inquiries for the Service occur, the Client should advise prior to the start of the Service. Any allergies or intolerances of the detergents or their content should be noted in advance.
13.7. The Contractor shall not be liable for any delay or failure to perform any of its obligations under this Contract if the delay or failure results from events or circumstances beyond its reasonable control, including but not limited to acts of God, strikes, accidents, war, fire, breakdown of plant or machinery, shortage or unavailability of materials, adverse weather conditions, or adverse or difficult Site conditions.
13.8. Contractor's Right to Reschedule Services: The Contractor reserves the unequivocal right, in the event of extenuating circumstances, to alter the pre-agreed date and/or time of a scheduled regular Service. The Contractor shall endeavour to provide the Client with prior written notification of any such necessary alteration via electronic mail, email, at the earliest practicable opportunity. Extenuating circumstances shall include, but are not limited to, acts of God, unforeseen significant operational disruptions, key personnel incapacitation, critical equipment failure, or restricted site access beyond the Contractor's reasonable control. The Contractor will make reasonable efforts to agree upon a mutually convenient alternative date and/or time with the Client.
13.9. The Contractor reserves the right to make any changes to any part of these Terms and Conditions without giving any prior notice. The Contractor may add to or alter these Terms and Conditions from time to time and any alterations or additions will apply to new business but not to existing contracts. Please refer to your copy of these Terms and Conditions.
14. Governing Law & Jurisdiction
14.1. This Contract is governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the Courts of England and Wales.
14.2. These Terms and Conditions are in regulation of the Consumer Rights Act 2015 and are not in imbalance in the parties' rights or obligations under the contract.
14.3. The Terms are transparent for the purposes and expressed in plain and intelligible language and are legible.
14.4. The Terms are prominent for the purposes of the section and brought in such a way that a consumer would be aware of them.
15. Severance
15.1. If any provision of this Contract is declared by any judicial or other competent authority to be unenforceable, the remaining provisions of this Contract will remain in full force and effect.
16. Entire Agreement
16.1. This Contract constitutes the entire agreement between the parties and supersedes any and all prior agreements. In the event of a conflict between these Terms and Conditions and any Quotation, unless otherwise specified, the terms of the Quotation shall prevail.
17. Waiver
17.1. No waiver shall be valid unless made in writing and signed on behalf of the Contractor.
18. Acceptance
18.1. Acceptance of a Quotation shall be deemed to be acceptance of these Terms and Conditions.
For any questions regarding these Terms and Conditions, please contact us at info@3cycle.co.uk or 07846 967122.