Maid Up North Ltd
Terms and Conditions
These are the terms and conditions upon which Maid Up North supplies its commercial services to its business and consumer clients through its website hosted at https://maidupnorth.co.uk. If you want to make use of Maid Up North’s cleaning services, you will have to check the box on the website that indicates your acceptance of these terms and conditions. By accepting these terms there will then be a binding contract between us. If you don’t check that box, you will be unable to receive the Services.
To engage with Maid Up North on a commercial basis you will need to complete and submit the Booking Form on our Website. Once you’ve submitted the Booking Form, we will respond with an acceptance or a rejection of your cleaning request as soon as we can. If we accept your request then this shall create a valid contract between us which will incorporate these Terms.
1.1 It makes things a lot easier if we define at the outset what certain words will mean when we use them in these terms and conditions. This means that for any words listed below, wherever you may read them in these terms shall have the following meanings. To make these clear we highlight these With Apparently Inappropriate Use of Capital Letters For Ease Of Reference.
Booking Form means the online form found on our Website which outlines
the type of clean, date, frequency, duration and time you are requesting to book our Services for.
Cleaning Fee the cost outlined on our Website for either a Single Clean or for a Regular Clean.
Contract means the contract we have with you that is subject to these Terms and which together we have created through your agreement to these Terms, your completing your Booking Form and our subsequent acceptance.
Intellectual Property Rights means all those intangible things that can be owned and controlled notwithstanding the fact that they are not physical. This includes things like copyright, trade marks, domain names and a host of other Intellectual Property Rights, wherever they might take effect in the world. It covers all such Intellectual Property Rights, whether they are registered or not, and whether they exist at the commencement of your Contract or come into existence some time later. This term also includes applications for registered Intellectual Property Rights that are pending as at the commencement of your Contract and Intellectual Property Rights whose term of protection has been renewed or extended somehow.
Services means the commercial services that we offer to you as set out in detail here.
Regular Clean repeat access to our Services on a weekly, fortnightly or monthly basis at the rates outlined here.
Terms means these terms and conditions that you are reading now, including the section above entitled “Acceptance”. We may change these terms and conditions from time to time and if we do, we will let you know in advance and the new version of the Terms will apply to the Contract in respect of any Services that you continue to use from the date specified in our notification onwards.
Maid Up North means us, Maid Up North Limited often referred to as we, us or our throughout, except where the context indicates to the contrary. We are a company incorporated in England and Wales under company number 10372891. Our registered office is at Campus North Sunco House, 5 Carliol Square, Newcastle Upon Tyne, NE1 6UF. Our website at https://maidupnorth.co.uk
1.2 When you see the words “includes” or “including” used in these Terms, it means without limitation to what then follows, which really should be taken as an example.
1.3 Any reference to a definition shall include the plural of that definition, for example ‘Service’ and ‘Services’.
1.4 You can take it that when we refer to legislation, we are also referring to all subordinate legislation (rules and regulations) that are set down under or pursuant to that legislation. Those references also include instances where the original legislation we refer to is replaced by new legislation that does the job of the legislation to which we referred.
1.5 When we refer to something being “in writing” or “written”, this includes emails or other forms of electronic communication.
2.1 In consideration for us providing you with our Services, you agree to pay to us the Cleaning Fee.
2.2 We will provide the Services to you in accordance with these Terms provided that you warrant to pay the Cleaning Fee(s) when they fall due and that you have complied with all of your obligations under these Terms.
3. Bookings with Maid Up North
3.1 In order to make a request for our Services you must fully complete and submit the Booking Form. In order to submit the Booking Form you must complete all sections and input your payment details which will be used to collect your Cleaning Fee.
3.2 All booking requests are subject to availability and we aim to confirm the acceptance of your booking within 24 hours not including weekends. If we are unable to facilitate your request at the time requested we may either ask you to complete another Booking Form to select an alternative time, or will send you a list of alternative dates and times for your consideration.
3.4 If we are unable to accept your booking request but offer you an alternative date or time that you go on to accept, your Contract with us will be for the new date and time that you have accepted and this will be deemed as the date and time you entered onto your Booking Form.
3.5 If you are using our Services for a Single Clean and wish to make any change to the date and time of your clean or to cancel your Single Clean then you should contact us immediately at least 3 days before our agreed cleaning time. Please note that we will try and accommodate all changes where possible but cannot guarantee this. You will still be liable for 50% of any Cleaning Fees that would otherwise be due to us for any cancellations made within 3 days of our agreed cleaning time. This is to cover staff costs and administration fees.
3.6 If you are using our Services for a Regular Clean and wish to make any changes as to the date, time or frequency of a clean or cancel a one time occurrence of your Regular Clean then you must contact us immediately at least 3 days before our agreed cleaning time. As above, we will try and accommodate all changes where possible but cannot guarantee this. You will still be liable for 50% of any Cleaning Fees that would otherwise be due to us for any cancellations made within 3 days of our agreed cleaning time.
4. Fees and Payment
4.1 In consideration of our supply of the Services, you will pay us your Cleaning Fee. We will collect them using our payment processor in full from your credit or debit card that you submit as part of your Booking Form. You can find out more about our payment processor on our Website, please note that you will pay be required to pay all Cleaning Fees in pounds sterling. If you do not, the exchange rate applied will be the rate applied by our bank when processing the transaction and the amount you pay in your local currency will be whatever is necessary to leave us with full settlement of the Fees due after application of that exchange rate together with whatever administrative fees and commission as might apply. We always collect our Fees after we complete your Single Clean or Regular Clean.
4.2 We reserve the right to suspend your use of the Services, to terminate the Contract and/or delete your Account if you do not pay your Cleaning Fees when they fall due. We may, at our discretion, suspend the provision of the Services to you temporarily for the duration of any period in which the payment of Cleaning Fees is overdue and we will not be obliged to repay any portion of the Cleaning Fees paid in advance or to reduce the Cleaning Fees chargeable for any period during which the Services have been suspended.
4.3 If, at your request, we provide any additional Services that are not specified as included within the Cleaning Fees charged for the Services to which you are receiving, we can charge you for those additional Services at our current rates, which will be collected in accordance with clause 4.1.
4.4 In the event of the termination of the Contract, we shall attempt to collect any outstanding Cleaning Fees on the date of the termination (or as soon as practicable thereafter). If we are unable to do so, we shall forward you an invoice in that amount, which will be payable no later than 14 days of the date of that invoice. If you fail to settle that invoice, we may pursue you for the recovery of that debt and if we do, we shall charge in addition interest on that debt at 8% above the base lending rate of the Bank of England, together with any administrative fees permissible under the Late Payment of Commercial Debts (Interest) Act 1998. The interest chargeable will accrue on a daily basis from the date upon which payment was due until the date upon which payment is made, whether that is before or after judgment is given.
5. Your Undertakings
5.1 This clause sets out the various promises you make when forming this Contract with us and defines your obligations under these Terms. You will:
5.1.1 ensure that for every Single Clean and for each occurrence of a Regular Clean that our cleaners have free and easy access to your property; and, 5.1.2 ensure that the payment method nominated on your Booking Form has sufficient funds to allow us to collect your Cleaning Fee(s) as and when they fall due.
6. Data Processing
6.2 We will:
6.2.1 process Personal Data and other information supplied by you solely to provide the Services under these Terms and in accordance with your lawful and reasonable written instructions;
6.2.2 comply with our obligations under the Data Protection Act 1998 and the EU General Data Protection Regulations concerning the implementation of appropriate organisation and technical security measures to safeguard the Personal Data supplied by you;
6.2.3 not disclose the Personal Data or other information supplied by you to any third party other than on your written instructions or as required by law;
6.2.4 maintain suitable back-up facilities for the Personal Data you provide at no cost to you;
6.2.5 upon request by you and within a reasonable time frame, delete all copies that we hold of your Personal Data;
6.2.6 upon request by you and within a reasonable time frame, provide to you in electronic format, a copy of all Personal Data that we hold on you; and
6.2.7 immediately forward to you communications from data subjects, regulatory bodies and other third parties concerning the Personal Data that you have supplied and not respond to or act on such communications without your prior agreement.
7. Terms and Termination
7.1 This Contract will commence upon your acceptance of these Terms and our acceptance of your booking request under Clause 3 of these Terms. The duration of your Contract is dependant on whether you are using our Services for a Single Clean or for a Regular Clean.
7.2 Your Contract will terminate automatically after the completion of your Single Clean and your payment of the Cleaning Fees. Every time you use our Services on a Single Clean basis there will be a new and unique Contract formed between us.
7.3 If you have a Contract for a Regular Clean with us then you may terminate your Contract at any time by giving at least 3 days notice to us. If less than 3 days notice are given to terminate your Contract then you will still be liable for any Cleaning Fees that would have been payable to us within this notice period. You can find out more on how to terminate your Contract by following the instructions on our Website.
7.4 We may terminate the Contract if you are in persistent material breach of your obligations under these Terms and either that breach or those breaches are not capable of remedy or, if they are capable of remedy, you have failed to remedy that breach within 14 days of our notifying you of the same.
7.5 We may terminate the Contract if you are unable to pay your debts or if you become insolvent or an order is made or a resolution passed for your administration, winding-up or dissolution
(otherwise that for the purposes of a solvent amalgamation or reconstruction) or an administrative or other receiver, manager, liquidator, administrator, trustee or similar officer is appointed over all or any substantial part of your assets or you enter into or propose any composition or arrangement with your creditors generally of anything analogous to any of the above occurs in any applicable jurisdiction within which you operate.
8. Our Warranties and Complaints Procedure
8.1 We warrant to deliver our Services to the time, date and frequency agreed between us on your Booking Form and to match your desired Service description outlined on the Website.
8.2 In the unlikely circumstances that we are unable to deliver our Services to you at the given time, date or frequency agreed between us then we shall attempt to contact you at least 24 hours before your scheduled clean time to inform you of our cancellation or request to rearrange. You will not be liable for any Cleaning Fees in the event of a cancellation if no alternate arrangement can be agreed between us.
8.2 Our network of cleaners are all trained and selected carefully by our team at Maid Up North. If you for some reason you wish to make a complaint about a cleaner then you should contact us at email@example.com including your address, the time and date of your clean and the name of your cleaner (if known), you must also include a detailed description of the reasons of your complaint.
8.3 We will aim to respond to all complaints within 7 days of receiving them, but this may take longer if an internal investigation is required. We may at our complete discretion offer you a refund of your Cleaning Fee for the date of your complaint or make alternate arrangements for your property to be re-cleaned free of charge.
9.1 Where any of the obligations relating to the delivery of the Services are sub-contracted by us to a third party, we will remain liable for the acts and omissions of those contractors as if they were our own.
9.2 OUR LIABILITY TO YOU IN RESPECT OF ALL OTHER CLAIMS, LOSSES OR DAMAGES, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS ARISING IN ANY CALENDAR YEAR COMMENCING ON THE COMMENCEMENT DATE OR AN ANNIVERSARY THEREOF (WHERE, FOR A SERIES OF CONNECTED CLAIMS, THE CALENDAR YEAR IN QUESTION SHALL BE THE FIRST SUCH YEAR OF THE FIRST EVENT GIVING RISE TO A CLAIM), SHALL IN NO EVENT EXCEED THE AGGREGATE OF ALL CLEANING FEES PAID OR PAYABLE BY YOU IN THAT PERIOD.
9.3 SUBJECT TO CLAUSES 9.2 AND 9.4, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE; OR ANY LOSS OF PROFITS, TURNOVER, DATA, BUSINESS OPPORTUNITIES, ANTICIPATED SAVINGS OR DAMAGE TO GOODWILL (WHETHER DIRECT OR INDIRECT).
9.4 Nothing in these Terms shall act or be construed so as to act in any way to limit our liability for;
a) death or personal injury caused by our negligence, or the negligence of our employees, agents or sub-contractors (as applicable); or
b) fraud or fraudulent misrepresentation by us or our employees.
10.1 We will not be liable to you for our failure to deliver the Services for any reason that is beyond our reasonable control.
10.2 We are satisfied that our delivery of the Services will comply with English law. You will ensure that when making use of the Services, you (and your Operators) will comply with all applicable laws and regulations whether under English law or the law of your own jurisdiction, wherever that happens to be. We will not be liable should you (or your Operators) fail, whether directly or indirectly, deliberately or accidentally, to comply with those laws and regulations and you will indemnify us for any loss or expense we incur as a result of dealing with any investigations, claims or other regulatory or civil action that occurs as a result of that failure.
10.3 You and us are independent parties and we are not operating in partnership or in any kind of principal/agent or employer/employee relationship, nor in any other relationship of trust to each other.
10.4 Occasionally we may wish to make changes to these Terms for any number of commercial reasons, legal reasons or reasons beyond our control. We don’t require your consent to make such changes but you will be sent notification of any changes that we may make and the changes will apply from the date specified in the notification and will apply to you should you continue to make use of our Services from that date onwards.
10.5 In order to have the effect intended for them, some of the provisions of these Terms will survive the termination of the Contract, howsoever that comes about.
10.6 The unenforceability of any part of these Terms will not affect the enforceability of any other part.
10.7 Just because we do not insist on your compliance with any one or more of your obligations under these Terms does not mean that we waive our right to insist on that compliance at some later date.
10.8 There may be occasions when the law requires information that we give you or communications you wish to send us have to be in writing. Where that is the case, you agree that such communications and information may be transmitted electronically. Nevertheless, if you wish to write to us in hard copy, you may address your letter to the registered office address given at the top of these Terms. For the purpose of these Terms, you may deem that we have received that letter five days after the date you have posted it (to give us the chance to collect it).
10.9 You recognise that your breach (or threatened breach) of these Terms may cause irreparable harm to us and that in such a situation, we are entitled to seek an injunction or other equitable relief to prevent that breach or further occurrences of that breach in future.
10.10 With regard to any indemnity given by you to us or us to you under these Terms, the party with the benefit of that indemnity will take all reasonable steps to reduce or mitigate the loss covered by that indemnity.
10.11 No person who is not a party to our Contract with you shall have any rights under the Contracts (Rights of Third parties) Act 1999 to rely upon or enforce any of the provisions of these Terms. However, this does not affect any right or remedy of the third party which exists or is available apart from that Act.
10.13 These Terms and our Contract are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the English Courts.