Terms and Conditions
Agreement Between Client and Phoenix Facility Maintenance Services Ltd
These Terms and Conditions (“Terms”) govern all services provided by Phoenix Facility Maintenance Services Ltd (“Phoenix,” “we,” “us”) to the client (“Client,” “you”) identified in the service agreement or booking confirmation. By requesting or receiving our services, you agree to these Terms.
1. Formation of Agreement
- A binding agreement (“Agreement”) is formed when: (i) you request services (via phone, email, or website); (ii) we confirm acceptance in writing (via booking confirmation, invoice, or service order); and (iii) you acknowledge receipt of the confirmation.
- Additional terms in the service confirmation (e.g., pricing, schedule, scope) take precedence over these Terms in case of conflict.
2. Service Scope
- Phoenix will perform services as outlined in the service confirmation (“Services”). The scope includes: (i) commercial facilities maintenance; (ii) commercial cleaning; (iii) residential block management; and/or other agreed tasks.
- The Client may request changes to the Service scope (“Variations”) in writing. Phoenix will confirm Variations via a revised quote; additional costs or timeframes will apply, and the Client’s acceptance of the revised quote binds them to the Variations.
3. Service Standards
- Phoenix will perform Services with reasonable skill and care, in accordance with industry standards and applicable laws (e.g., Health and Safety at Work Act 1974, COSHH regulations).
- Staff assigned to Services will be trained, insured, and background-checked (where required for security-sensitive facilities).
4. Client Obligations
- The Client must:
- Provide safe and timely access to the facility on scheduled service dates, including clear instructions for entry (e.g., key codes, access points).
- Disclose all hazards (e.g., asbestos, electrical risks, aggressive animals) in writing at least 48 hours before service. Failure to disclose hazards may result in service suspension and additional fees.
- Remove personal items or valuables from areas to be serviced; Phoenix is not liable for loss/damage to unattended items.
- Ensure third parties (staff, residents) cooperate with Phoenix’s team during service delivery.
5. Pricing & Payment
- Pricing is as specified in the service confirmation. All prices are in GBP and exclude VAT (where applicable), which will be added at the current rate.
- Payment Terms: Invoices are due within 14 days of issuance. For recurring services, monthly invoices will be issued on the first business day of each month, covering the prior month’s services.
- Late Payments: Unpaid invoices after 14 days will incur a late fee of 5% per month (capped at 15% of the outstanding amount). Phoenix reserves the right to suspend services for accounts overdue by 30+ days, with reinstatement requiring full payment plus a 10% reactivation fee.
- Payment Methods: We accept bank transfers, credit/debit cards, and direct debits (for recurring services).
6. Term & Termination
- Fixed-Term Agreements: For services contracted for a specific term (e.g., 6 months of office cleaning), the Agreement ends on the specified end date. Either party may terminate early with 30 days’ written notice, paying a termination fee equal to 20% of the remaining contract value.
- Termination for Cause: Either party may terminate immediately with written notice if: (i) the other party breaches these Terms and fails to remedy the breach within 7 days; (ii) the other party becomes insolvent or enters liquidation.
- Post-Termination: Upon termination, the Client must pay for all services delivered up to the termination date. Phoenix will return any Client property and provide final reports/records.
7. Liability
- Phoenix’s Liability: We are liable for direct losses caused by our negligence (e.g., property damage from improper cleaning chemicals) up to a maximum of £50,000 per incident. We are not liable for: (i) indirect losses (e.g., lost profits, business interruption); (ii) damages from Client’s failure to disclose hazards; (iii) losses exceeding the liability cap, unless caused by gross negligence or willful misconduct.
- Client’s Liability: The Client is liable for losses incurred by Phoenix due to: (i) failure to provide access; (ii) false/misleading information about hazards; (iii) actions of the Client’s staff/residents (e.g., damaging equipment).
8. Insurance
Phoenix maintains public liability insurance (£5 million), professional indemnity insurance (£2 million), and employer’s liability insurance (as required by UK law). Certificates are available on request.
9. Intellectual Property
All materials provided by Phoenix (e.g., maintenance reports, checklists) remain our intellectual property. The Client may use them solely for managing their facility, not for commercial reproduction.
10. Confidentiality
Both parties agree to keep confidential any non-public information shared during the Agreement (e.g., Client’s business operations, Phoenix’s pricing structures) for 3 years after termination.
11. Governing Law & Disputes
- These Terms are governed by English law.
- Any disputes will be resolved through mediation (via the UK Mediation Service) before litigation. If mediation fails, disputes will be heard in the courts of Hertfordshire, UK.
12. General Provisions
- Entire Agreement: These Terms and the service confirmation constitute the entire agreement; no oral promises or prior agreements bind the parties.
- Amendments: Changes to these Terms require written agreement from both parties.
- Force Majeure: Neither party is liable for delays caused by circumstances beyond reasonable control (e.g., natural disasters, strikes), with affected services rescheduled as soon as possible.
For questions about these Terms, contact us at stockex8@outlook.com.