Terms and Conditions of Contract
1. In these conditions.
“the Company” shall mean NIC Services Group
“the Quotation” shall mean the Company’s quotation for the carry out of cleaning services for the customer
“the Customer” shall mean the person to whom the quotation is addressed
“the Work” shall mean the work particulars of which are contained in the quotation
2. Subject to serving prior written notice on the customer, NIC (being NIC Services Group Ltd) may transfer this agreement to an NIC Franchisee whose details will be provided with the notice and may, subject to the same terms, subsequently retransfer this agreement to NIC (being NIC Services Group Ltd) or to another Franchisee subject always to serving prior written notice and providing details.
3. The quotation is made on these conditions and no alteration or addition to the quotation or conditions may be made unless confirmed in writing and signed by a Director of NIC Services Group Ltd.
4. The Company shall carry out the work to the reasonable satisfaction of the customer and shall provide the necessary staff and materials for that purpose but shall not be responsible for the removal of oil, paint, varnish, or other similar substances unless otherwise agreed in writing. The customer shall provide free of charge all power, light, hot water and other facilities, which may be required by the Company to carry out such work.
5. The contract will, subject to clause 14 below, be for a fixed term of twelve months from the date it commences and it will automatically continue thereafter until either party gives to the other at least three months written notice by recorded delivery or registered post.
6. The Company shall not be liable for failure to carry out the work if prevented from doing so as a result of circumstances beyond its control including (but without prejudice to the generality of the foregoing) any dispute, strike, industrial action, or lock out, or any government decree or act.
7. The customer shall not during the continuance of this agreement or within a period of one year after its termination directly or indirectly employ or use the services of any employee or sub-contractor of the company in any capacity similar to the work.
8. The customer shall provide adequate storage for the Company’s equipment and materials and shall not use or remove them, nor permit their use or removal from the place where it is agreed that the same are to be stored when not in use. The Company shall not be held responsible for injury or damage resulting from persons other than direct employees of the Company using the Company’s equipment.
9. Any notice given hereunder by either party shall be addressed to the other and left or delivered to the registered office in the case of a Company and in the case of an individual at his last known address, or place of work.
10. The Company may sub-let the carrying out of work or any part thereof, but only so long as the sub-letting remains under the general supervision of the Company.
11. If there are any increases during the contract period due to cost factors outside of the Company’s control i.e. changes in employment legislation, NI or VAT increases, the Company reserves the right to increase charges by an appropriate amount. In any event, any charges will be reviewed annually, with increases normally linked to a RPI.
12. The Company shall invoice the customer monthly (or at any such time as the Company shall notify the customer) and the customer shall pay the amount of such invoice within 30 days of such invoice, (together with all value added tax payable with respect of such invoice). In the event of the customer failing to make payment as required by the clause the Company reserves the right to charge interest on the outstanding amount at the rate of 4% over Barclays Bank plc base rate from time to time in force.
13. The Company may terminate this contract summarily without notice at any time the customer fails to make payment as required by clause 12 or is otherwise in breach of the customers obligations here under.
14. If the Company has acquired equipment to the value of one thousand pounds or more for the purposes of carrying out the Work this contract will be for a fixed term of thirty six months from the date it commences and it will continue thereafter until either party gives to the other at least three months’ written notice by recorded delivery or registered post.