TERMS AND CONDITIONS

PLEASE READ OUR TERMS AND CONDITIONS FOR CUSTOMERS AND EMPLOYERS

 

  1. 1.      Definitions:

In these Customers’ Conditions forming a contract by and between Kennoh Cleaning and Care Support Limited, a private limited company which has its registered office at 104 Administration Block, River Park Trading Estate, River Park Road Manchester M40 2XP (“trading as KCCS Services”), and the customer (the “Customer”).

  1. References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time-to-time amended, consolidated, modified, extended, re-enacted or replaced.

  2. Words importing persons include individuals bodies corporate and unincorporated; and

  3. No variation or alteration to these Customers’ Conditions or any representations about services shall have any effect unless expressly agreed and confirmed in writing by a director of Kennoh Cleaning and Care Support Limited.

  4. Services Generally

    1. Kennoh Cleaning and Care Support Limited, can offer a broad range of services and the Customer should choose the services required from the offering.

    2. Kennoh Cleaning and Care Support Limited, shall be entitled at any time without notifying the Customer to make changes to any services which are necessary to comply with any applicable security or statutory requirements and Kennoh Cleaning and Care Support Limited, shall determine the manner in which the services are provided.

    3. Any and all intellectual property, ideas, concepts, know-how or techniques developed by Kennoh Cleaning and Care Support Limited, or obtained during the execution of services will be owned exclusively by Kennoh Cleaning and Care Support Limited.

    4. Kennoh Cleaning and Care Support Limited, shall provide the services selected or accepted on the applicable quotation document by the Customer as soon as practicable after receipt of acceptance of applicable quotation from the Customer and until the Customer notifies Kennoh Cleaning and Care Support Limited, that the services are no longer required subject to the provisions of these Customers’ Conditions.

    5. Kennoh Cleaning and Care Support Limited shall not be responsible for any failure to provide any services, or the unavailability of the personnel, as a result of circumstances beyond its reasonable control and the Customer accepts that it shall still be responsible for payment of fees in such circumstances.

    6. The Customer agrees and accepts that:

    7. Kennoh Cleaning and Care Support Limited shall not be liable for any failure to provide any services (or any part thereof) as a result of the Customer's failure to comply with these Customers’ Conditions;

    8. If any quota of services which are to be used within any period of time are not used within that period of time then in each case the Customer shall still be responsible for full payment as if such services had been properly and fully provided (and for the avoidance of doubt, Kennoh Cleaning and Care Support Limited, shall not be liable for providing any unused services and such services may not be carried over to any subsequent period).

    9. Processing of Information

      1. Kennoh Cleaning and Care Support Limited regards Customers’ corporate data (including but not limited to management data, corporate strategies, Personnel listings, etc. However, the Customer accepts that whenever it releases corporate data publicly that information can be collected and used by people that the Customer may not know. While Kennoh Cleaning and Care Support Limited, makes all reasonable commercial efforts to protect Customer s’ corporate data, it cannot guarantee the security of any information displayed publicly or exposed negligently.

      2. If any of the information provided by the Customer Kennoh Cleaning and Care Support Limited, changes (for example e-mail address) the Customer will inform Kennoh Cleaning and Care Support Limited, of the correct details by amending the relevant details in writing.

      3. By accepting our quotation the Customer consents to the use of their information as set out in these Customer s’ Conditions.

      4. 4.      Our Personnel Details

        1. Kennoh Cleaning and Care Support Limited will make available or supply (upon request) copies of curriculum vitae (“CVs”) Criminal Record Check (CRB) if available, Character references which may have been received by it for the purpose of securing customers confidence and Kennoh Cleaning and Care Support Limited, makes no warranty whatsoever as to the reliability, availability, suitability, or appropriateness of such information.

        2. Kennoh Cleaning and Care Support Limited may at its discretion and without notice, report improper or illegal use of our personnel details or our services by the Customer to the relevant legal and/or professional bodies at any time including but not limited to the Department of Employment, the Office of the Information Commissioner, and any other governmental or legal other administrative or judicial body or authority in any relevant jurisdiction.

5. Customer’s Obligations

  1. At the Customer’s request assistance may be offered to the Customer provided that Kennoh Cleaning and Care Support Limited, reserves the right to charge an hourly rate as agreed by and between the parties and the Customer agrees, acknowledges and accepts by indicating its acquiescence to the Customer s’ Conditions that Kennoh Cleaning and Care Support Limited, provides services as a mere conduit for communications between the Customer and attached personnel and a venue where opportunities can collide.

  2. If services include handling and management of any of customer’s operational function, services on the site on behalf of the customer then the provisions of the following clause shall apply as set out below.

  3. The Customer agrees to provide Kennoh Cleaning and Care Support Limited, in such format as Kennoh Cleaning and Care Support Limited, may request, any information, Job specification/s, necessary to enable Kennoh Cleaning and Care Support Limited, to provide the applicable Service/s.

  4. Kennoh Cleaning and Care Support Limited, shall not be obliged to provide any Service/s unless the Customer has supplied any requested/required information, Job specification necessary to provide such service/s within five (5) days of the date of a written request to do so, or such later date as agreed in writing by Kennoh Cleaning and Care Support Limited.

  5. Kennoh Cleaning and Care Support Limited shall make such modifications to any Job specification (s) as are reasonably requested by the customer provided that Kennoh Cleaning and Care Support Limited, reserves the right to charge at an hourly rate as shall be agreed by and between the parties for time involved in connection with such modifications.

  6. The Customer accepts that Kennoh Cleaning and Care Support Limited, cannot guarantee the number of occasions any individual personnel is fit to work on the site and agrees that no obligations are imposed on us in this regard, provided that reasonable action/s are taken to complete the required task specified.

  7. The employees of Kennoh Cleaning and Care Support Limited shall not be employable by the customer while in service nor within six months of terminating the contract.

  8. The customer may, if so desired takeover the employee assigned by Kennoh Cleaning and Care Support Limited in subject to agreement with us in writing and that we reserve the right to claim an introduction fee equivalent of six months wage, calculated per calendar month for every employee employed by the customer.

  9. If services include a request for temporary support worker to fill out an application form then, the Customer agrees to ensure that its application forms and/or its questions and responses are not discriminatory, offensive, illegal, obscene or indecent, or capable of being resolved into obscene or indecent images or material, nor defamatory, threatening, or racially, ethnically or otherwise objectionable, nor designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any person, nor infringing the rights (including, without limitation, the intellectual property rights) of another person.

 

  1. If the Customer is a recruitment agency, head-hunter or similar then the Customer hereby undertakes and warrants to Kennoh Cleaning and Care Support Limited, that:

    1. The Customer will make clear in all material the specific position for which temporary support worker are sought and give full details of the prospective Customer;

    2. The Customer will use details of temporary support worker/s provided in response to the materials referred to in clause 5.5.1 only for the benefit of the relevant prospective Customer and not for the benefit of other prospective Customer s not included in the contract or for any other purpose.

 

  1. The Customer hereby undertakes and warrants to Kennoh Cleaning and Care Support Limited that;

    1. Reassignment of attachment or relocation of any of Kennoh Cleaning and Care Support Limited, assigned personnel to a third party without Kennoh Cleaning and Care Support Limited, prior to agreement in writing shall breach this contract and that Kennoh Cleaning and Care Support Limited, reserve the right to charge a minimum of £1000.00 for each application.

    2. Any information supplied by the Customer to Kennoh Cleaning and Care Support Limited, is accurate, complete and true;

 

  1. The Customer acknowledges that:

    1. Kennoh Cleaning and Care Support Limited may accept instructions in relation to services from any of the following persons:

    2. Any person to whom the Customer provides permission or the Customer allows making use of any services;

    3. Legally authorised personnel, or other representative(s) of the Customer identified in writing.

 

  1.  The Customer as constituting the same;

    1. It will procure that it and any authorised personnel, or other of its legal representatives keep confidential and do not disclose to any person any account detail/s used by them in relation to any services;

    2. The Customer will be responsible for all use and misuse of all customer’s accounting information and shall be responsible for all acts and omissions of any person using accounting information as if they were acts or omissions of the Customer;

    3. Kennoh Cleaning and Care Support Limited, shall not be responsible for any breach of these Customer s’ Conditions, any delay in performance of any services, or defect or error in any services which arises as a result of Kennoh Cleaning and Care Support Limited, accepting instructions from the Customer or any Customer -authorised or apparently Customer -authorised person/third party using such account.

E. The Customer shall:

  1. Abide by any and all applicable rules, regulations, legislation, codes, laws, and or governmental authority in any jurisdiction that may be relevant to its activities in relation to these Customer s’ Conditions or otherwise;

  2. Use all personnel information supplied pursuant to these Customer s’ Conditions for the sole purpose of endeavouring to provide training and enhancing performance on behalf of assigned personnel;

  3. Ensure that it is notified as a data controller to the Office of the Information Commissioner under the Data Protection Act 1998 to the extent that it applies and ensure that it complies with all of its obligations under that Act;

  4. keep confidential all personnel information and all other information supplied by Kennoh Cleaning and Care Support Limited, and/or its personnel to the Customer or its legally authorised employees/agents/representatives/third parties and only use such information if endeavouring to seek or provide further contract opportunities for Kennoh Cleaning and Care Support Limited,

  5. Not submit, copy, supply, re-sell, distribute or make available in any way any personnel information or other information received from Kennoh Cleaning and Care Support Limited, to any person not legally a party to these Customer s’ Conditions, and the Customer warrants that it shall seek such information only for genuine related business with an intent to recruit assigned personnel.

  6. Not discriminate between persons endeavouring to secure employment, and not engage in any illegal discriminatory practices whether by reason of race, sex, disability, or otherwise;

  7. Subject to agreement, be responsible for selecting suitable assigned personnel and taking up references and satisfying itself as to the suitability, availability, standard of skill, integrity and reliability of any candidate for any particular position;

  8. Not misuse information contained in CVs; and

  9. Indemnify Kennoh Cleaning and Care Support Limited, against all indirect and/or direct costs, claims, damages, loss, expenses and liabilities incurred by Kennoh Cleaning and Care Support Limited, arising out of any breach of these Customer s’ Conditions.

  10. If so desired takeover the employee assigned by Kennoh Cleaning and Care Support Limited subject to agreement with Kennoh Cleaning and Care Support Limited in writing and that Kennoh Cleaning and Care Support Limited reserve the right to claim an introduction fee equivalent of six months wage, calculated per calendar month for every of its employee employed by the customer

6. Liability

  1. Kennoh Cleaning and Care Support Limited will not be liable (whether in contract or tort) for:

  2. Any mistakes or errors whatsoever that arise during the course of job execution by its assigned or any damage thereto;

  3. Any direct and/or indirect loss of profit, loss of revenue or contracts, or any other direct or indirect, special, economic or consequential loss (whether caused by the negligence of Kennoh Cleaning and Care Support Limited,, its employees or agents) or otherwise;

  4. Any direct and/or indirect delay, costs, expense, loss (including loss of profit), damage or liability (including without limitation as a result of any service failure, provision or use of assigned personnel, corruption, howsoever caused;

  5. Any direct and/or indirect loss or damage whatsoever (including loss of profits) howsoever caused arising out of the negligence, dishonesty, misconduct, breach of faith, incompetence, lack of, suitability of or the wrongful disclosure of confidential information by, any candidate employee;

  6. Costs incurred in asserting any aspect of these Customer s’ Conditions against the Customer (including, without limitation, legal fees and disbursements reasonably incurred by Kennoh Cleaning and Care Support Limited,);

  7. Any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions on the site; (b) any content on the site; (c) the unavailability on the work site, or any part thereof.

  8. For any special, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, lawyers’ fees) in any way due to, resulting from, or arising in connection with the use of or inability to use the assigned person to fulfil Customer’s requirement satisfactorily.

  9. In no event shall Kennoh Cleaning and Care Support Limited,’ liability to the Customer under or in relation to these Customer s’ Conditions (whether in contract or tort) exceed the amount of fees received by Kennoh Cleaning and Care Support Limited, from the Customer within the calendar year prior to the relevant liability arising.

  10. Nothing in these Customer s’ Conditions will restrict or exclude Kennoh Cleaning and Care Support Limited, ' liability for death or personal injury caused by its own negligence.

  11. The Customer agrees and acknowledges that, save as expressly provided in these Customer s’ Conditions, no condition, warranty or representation of any kind is, has been, or will be, given by or on behalf of Kennoh Cleaning and Care Support Limited, in respect of or in connection with the services and accordingly the Customer confirms that it has not, in agreeing to these Customer s’ Conditions, relied upon any condition, warranty or representation by Kennoh Cleaning and Care Support Limited, or any person on its behalf, express or implied, whether arising by law or otherwise, in relation to or in connection with any services. The benefit of any such condition, warranty or representation by Kennoh Cleaning and Care Support Limited, is hereby irrevocably and unconditionally waived by the Customer.

7. Payment Provisions

  1. Kennoh Cleaning and Care Support Limited, will invoice the Customer for the amount due in respect of services provided by Kennoh Cleaning and Care Support Limited, subject to clause 7.2 below.

  2. All sums due in respect of payment due are exclusive of any value added tax or other applicable sales or other tax or levy, for which the Customer shall be solely and additionally liable.

  3. If the Customer fails to pay any amount owing to Kennoh Cleaning and Care Support Limited, when due then Kennoh Cleaning and Care Support Limited, reserves the right to charge interest (after as well as before judgement) on that amount at the rate of 10% per annum above the base rate of Barclays Bank plc (without prejudice to Kennoh Cleaning and Care Support Limited, ' other rights under these Customer s’ Conditions). Such interest shall accrue from the due date until payment is made in full and shall be compounded monthly.

8. Terms and Termination

  1. This Agreement shall continue for the period specified on the applicable quotation or job order sheet, unless terminated by the Customer or Kennoh Cleaning and Care Support Limited, giving no less than 60 days written notice when contact term exceed 6 months or a week written notice when contract term is up to 30days or 24 hours written notice for all one off contract/s.

  2. Either party may, at its sole discretion, terminate the agreement that the acceptance of this Customers’ Conditions constitutes at any time by notice in writing to the other party (the "Defaulting Party") if:

  3. The Defaulting Party fails to pay to the other party any amount when due; or

  4. If the Defaulting Party is in breach of these Customer s’ Conditions and fails to remedy such breach within fourteen (14) days of notice from the other party requiring it to be remedied.

  5. Upon termination of the agreement between Kennoh Cleaning and Care Support Limited, and the Customer, the provision of any services may be immediately ceased and the full amount of any money owing to Kennoh Cleaning and Care Support Limited, by the Customer in respect of any services, whether or not provided, shall become payable with immediate effect.

  6. Within the period of receipt of a termination notice by either parties, Kennoh Cleaning and Care Support Limited shall to the extent, practically and technically possible without disrupting services to other business function, remove its personnel, material and equipment from the site.

  7. The Customer shall be responsible for all reasonable direct and/or indirect costs, claims, damages, loss, expenses and liabilities incurred by Kennoh Cleaning and Care Support Limited, arising out of the Customer’s breach of its obligations under these Customer’ Conditions (including, without limitation, on a solicitor and own client basis, any legal fees and disbursements reasonably incurred by Kennoh Cleaning and Care Support Limited).

9. General

  1. All notices to the Customer shall be made to the email address submitted to Kennoh Cleaning and Care Support Limited, or by post to the last known address of the customer, and notices to Kennoh Cleaning and Care Support Limited, shall be made to accounts@kccsmanchester.co.uk or by post and that such postage must be signed for on delivery.

  2. The Customer shall not be entitled to assign its agreement with Kennoh Cleaning and Care Support Limited, nor any or all of its rights and obligations hereunder without prior written consent of Kennoh Cleaning and Care Support Limited, which can be withheld without cause.

  3. If any provision of these Customer’ Conditions shall be invalid or unenforceable, it shall not affect any other provision, which shall remain in full force and effect.

  4. These Customer s’ Conditions together with the details of services and charges printed on quotation sheet set out, constitute the entire agreement between the Customer and Kennoh Cleaning and Care Support Limited, in respect of any services that are provided by Kennoh Cleaning and Care Support Limited, to the customer after the date on which these Customer’ accept a quotation from Kennoh Cleaning and Care Support Limited.

  5. Any waiver by Kennoh Cleaning and Care Support Limited, of any breach of, or any default under, any provision of these Customer s’ Conditions by the Customer will not be deemed to be a waiver of any subsequent breach or default and will in no way affect the other terms and conditions.

  6. Failure or delay by Kennoh Cleaning and Care Support Limited, in enforcing or partially enforcing any provision of these Customer s’ Conditions will not be construed as a waiver of any of its rights under these Customer s’ Conditions.

  7. The parties to these Customer s’ Conditions do intend that a term of contract of as specified on the quotation or job order sheet will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

  8. Kennoh Cleaning and Care Support Limited shall not be liable for any breach or act or omission transpiring by reason of a force majeure event, including but not limited to natural disasters, industrial disputes, civil disruptions, sabotage, explosions, accidents, telecommunications and utilities failures, software or systems malfunction, terrorists acts, and governmental acts.

  9. Kennoh Cleaning and Care Support Limited, reserves the right to change any part of these Customer s’ Conditions and if it exercises the right to do so it will post the changes to the customer last known address and or send an email to the email address supplied by the Customer. Continued use of the services after changes have been posted and/or notified by email will signify the Customer’s agreement to any such changes.

  10. 10.  Law:

The conditions and any contract into which these Customer s’ Conditions are incorporated shall be governed by and construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of English courts.

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