What Clauses Should Be In Your Cleaning Service Contract?
If you’ve ever been given a contract to sign, you’d probably know the uneasy feeling that comes with it.
Often, contracts are usually geared towards the company you’re dealing with, not you, the client or the customer.
And let’s face it, it’s for this reason that no one likes signing contracts.
However, in some types of agreements, contracts are needed, and they certainly aren’t going away anytime soon.
When you hire a commercial cleaning company, you can and to be honest, should expect to sign some kind of service contract.
But there is one thing you want to make sure of – the contract should be geared towards you, not the cleaning company.
What better way to show you what this looks like than by going through In-Tec’s entire cleaning service contract and all 25 clauses. We’ll explain every clause in layman’s terms and what it means for you. Of course, if you become a client of ours, you’ll be given the official contract.
Believe me, this may not be the most interesting thing you’ll have to read today but by the end, you’ll know exactly what to expect from a cleaning contract.
Let’s get into it.
What are the 25 cleaning contract clauses?
1. Cleaning service
As you can probably guess, the first clause of the contract is one of the most important for you as the client.
It goes through a lot of basic information such as:
- It makes it clear that we are providing a cleaning service at the premises listed in the contract
- If something was to happen and the clean could not be provided on the agreed day and time, we’ll get in contact with you to discuss alternate options. We will always make sure to notify you of any changes
- If you were to relocate to another address, there are negotiations to be made over the cleaning service of the new premises. This is because things may change and the requirements for the new site may go up or down
But it also goes into some in-depth information – shutdowns.
Now, this part of the clause can sometimes cause grief, so let’s try to alleviate that for you.
A lot of our cleaners are employed as full-time or permanent part-time workers which means they get paid for public holidays and annual leave just like everyone else. So, if for instance, a client decides to close for 2 weeks during the Christmas period, our cleaners get their annual leave at that time.
Some clients have asked in the past, “If you know your client will shut on average for 2 weeks of every year, why don’t you work out the cost over 50 weeks instead of 52?”
But the thing is, we can’t guarantee that they will actually shut for those 2 weeks. So what we do is take the cost for a cleaner including their annual leave and split it over 52 weeks. It’s the same charge every week but it covers the possibility of shutdowns.
It’s very similar to public holidays. For example, if a client’s site was cleaned on a Wednesday and there was a public holiday on that day and they wished to move the clean to a Tuesday that week, then the cleaner is paid for both days. This is because Wednesday is their normal shift and Tuesday is considered an extra shift.
So, you as the client, have to pay for both days. On a side note, I get you may feel this sucks, however, we all have awards that need to be adhered to.
As the client, you want to know when and where the clean is being conducted and who pays for what – everyone understands what’s asked of them.
2. Service delivery staff
You don’t want any random cleaner assigned to your site, and that’s exactly what this clause addresses.
The cleaning undertaken at your workplace will be by a service delivery team member (employee) or approved contractor.
You can rest easy knowing that the cleaner on your site will be direct staff and will turn up with qualified training and an understanding of your expectations. That's one of In-Tec’s core promises we make to all clients.
3. Price inclusions
You don’t have to supply anything (unless you want to).
This clause specifies that all associated supplies and equipment are covered by In-Tec such as chemicals, mops, vacuums, cloths, etc.
We understand that you may not know which cleaning products are the best in the business, so leave this up to us. Your whole site will be decked out with all the cleaning equipment our cleaners need to do a proper job.
4. Client obligations
Health and safety are extremely important for your staff, but also our cleaners.
One thing we ask you to do is make sure your premises is safe and that there are no obvious health and safety concerns for our cleaners.
This clause also states that we don’t move heavy items. For instance, if you wanted us to clean behind your fridge, your employees would have to move the fridge and put it back once cleaned.
It also makes clear that if needed, you may have to supply secure cleaning storage facilities (this is generally for larger sites).
The last point that this clause touches on is damages to the equipment. In the case where the client damages any cleaning equipment that’s stored on-site, they will need to cover the cost of repairs.
The main reason for this clause is to make sure everyone knows who’s responsible for doing what.
5. Contract term
You want to know how long your contract will continue for and that’s exactly what this clause explains.
Many people believe that a contract is for our benefit as we are locking you in. However, all the terms and conditions of this contract are in your favour.
Let’s address the elephant in the room first which is the 36-month term.
As long as our cleaners do their job, it gives them security for those 36 months – they know they’ll have a steady income for those months. This is a good thing because if a cleaner has job security, they’ll be happy to come to work every day and clean your site. As we say here at In-Tec, a happy cleaner equals a happy client.
The clause also addresses that there is automatic renewal for the contract after the 36-month term is up.
It also deals with termination prior to the end date – there is a financial fee payable. The reason we have a termination fee is because our contracts take a lot of work to set up.
What do I mean by this?
When we initially quote and price up a job, we take into account the amount of work to set up the site such as equipment (mops, cloths, etc.) and cleaning solutions. So, let’s say your average site takes approximately $3000 to set up (by the way most take more). We take that $3000 and split it over the 36 months, and by the end of your contract term we’ve recouped that cost of initial equipment.
However, if you terminate your contract earlier, and we haven’t had the chance to recoup the initial cost, whatever is leftover ends up being part of the termination fee that will be charged to you.
6. Satisfaction guarantee
If there is one clause in this contract that should alleviate any of your concerns, it’s this satisfaction guarantee. Most of the other clauses need to be included for legal reasons, but clause 6 is there for YOU.
Like you, we understand the hesitation that comes along with signing a contract with a prospective employer (business). That is exactly why we have incorporated a ‘Satisfaction Guarantee’ in all our agreements.
We believe that if you’re ever unhappy with the standard of work received, you have the right to pay a partial payment of the invoice that you feel reflects the work undertaken. For example, if you think we’ve only delivered 50% of the service, then only pay for 50%.
However, if you ever have to enact clause 6, do let us know what the issue is so we can rectify it for you.
This clause is here for you, and to keep us accountable to you for the services we offer.
7. Rectification procedure
Whenever there’s ever any issue, we all like to know about it, right?
That’s what this clause addresses. It makes it clear that if there is an issue, there is a process to follow – both parties know what to expect.
At In-Tec, all we ask you to do is let us know in writing when an issue arises. Give us a chance to try and fix the problem at hand. We have 15 days from the notice being received to rectify the problem and conduct an audit to make sure everything is back on track.
How does this clause benefit you?
Well, it states in writing that In-Tec has an obligation to fix any issues that you believe need attending to. In other words, no issues will be left untouched.
8. Suspension or termination by In-Tec
It’s a reality that we need some sort of protection.
In layman’s terms, if you’ve gone into administration, bankruptcy, or you’re not paying your bill (the 3 common problems), then we have the right to either suspend or terminate your contract.
Generally, if you’ve gone into administration or bankruptcy, it’s termination. Or, if we were having problems getting you to pay your bill on time, we would have to draw a line in the sand and get things sorted before we can continue cleaning your site. The reason – we can’t keep incurring labour costs.
The one thing you need to be aware of as a client is, if we suspend the service, the cleaning charge remains. The actual cleaning gets suspended whilst the cost to you does not.
You may be wondering why this is, and we’ll answer that for you right now.
Although your cleaning is suspended, our cleaners are still kept on which means they need to be paid, especially if they’re full-time employees. Basically, the cleaners are stood down until the suspension is revoked.
9. Annual review of weekly service charge
This is something everyone should have in writing.
On the 30th of June every year, we review all our service charges to our clients. We make it very clear that there is a minimum increase of 4.85%. However, it can be higher if the current CPI is more than 4.85%. It works off of whichever number is greater.
This clause is important for you because it tells you what to expect. You know that at the end of every financial year, there will be an increase.
This clause also addresses whether you have any increases or decreases in your scope of works. For example, if you introduce more office staff or more areas that need cleaning, then our charge to you needs to be reviewed. And of course, we won’t go behind your back and increase your charges without your knowledge. We’ll have a conversation with you and agree to the new charges, update the scope of works, and more than likely issue a new service contract.
10. Subsequent employment or engagement
Without sounding too upfront, this clause explains that a client must not engage an In-Tec team member personally for any kind of extra work. I’m sure you wouldn’t like it if someone tried to steal one of your team.
11. Accounts and administration
We’re all guilty of wanting to know how much something will cost us exactly. After all, we want to make sure we’re budgeting properly.
This clause makes it clear how we work out your monthly invoice.
We take the weekly charge to you and multiple it by 52 weeks and divide it by 12 months.
Often, we have some people who don’t understand this method as they believe there are 4 weeks in a month. If there were 4 weeks in every month and you multiplied 4 by 12 months = 48.
However, we all know that there aren’t 4 weeks in a month as that would mean there are 48 weeks in a year…not 52.
That’s why the accounts and admin team have come up with a specific formula. And, you may not believe it, but this formula actually benefits you as you’ll know the exact charge to you every month – it doesn’t change.
This clause also explains late payments. If an invoice is paid late, there is a fee – rarely enacted but it does need to be included in the contract.
To sum up, this clause makes everyone clear on who’s paying for what and how it’s all worked out.
12. Electronic reporting
In the past, we’ve had some of our clients ask us to use a specific digital platform that In-Tec don’t normally use. If the digital platform you request charges us, this charge will be passed on to you.
13. GST
GST is GST and none of us like it. Is there really any more to say?
14. Indemnity
In layman’s terms, if we clean your workplace after hours and one of your staff members slips over a freshly mopped floor, we aren’t liable.
Why?
Because we have stated our cleaners will come in after hours, your employee technically shouldn’t be there. Or, if they are there it is your responsibility to ensure your team knows how to manage the HSE risks involved.
This is why both parties need to understand when your site will be cleaned.
15. Exclusions and limitations
Similarly to the above clause, this one also discusses liability.
If a cleaning service that we supply has not been supplied correctly, we cannot be held liable for any possible loss to you.
Does it make sense? Probably not, but it honestly has to be included in the contract for legal reasons (let’s put this one down to the pure lawyer speak).
16. Assignment
This clause is a little technical so bear with us as we try to explain it in layman’s terms. However, one of the reasons it is there is to protect you.
Clause 16 addresses what happens between holding companies and trading companies.
If a client signs a service contract with In-Tec Commercial Cleaning, they actually assign the cleaning of the site to In-Tec Cleaning Services.
This actually protects you because we have a split between the two entities. If something was to happen to In-Tec Cleaning Services, then In-Tec Commercial Cleaning is over here as a separate entity – the client can’t be involved as you signed with the holding company.
17. Force majeure event
You want to feel protected if there ever was something to happen to you or your business.
In the case of a force majeure event (act of God e.g. flood, fire etc.), this part of the contract protects you, the client.
If your premises is incapacitated, your contract will be suspended immediately with no further costs incurred whilst the site is down as long as you notify us.
We understand that you’re going through a hard time and that you don’t need to pay for a service you aren’t getting which is why this clause is extremely important.
This clause also protects In-Tec. If we found ourselves unable to find a staff member to clean your site due to, let’s say COVID-19, then we can notify you of the force majeure clause and suspend the service until we can find a replacement.
Yes it protects us, but it is most certainly there for YOU.
18. Settlement of disputes
If we ever get into a legal fight, this clause gets into the nitty-gritty and refers to the IAMA arbitration rules. These rules are set down in law on how things must be resolved between different parties.
Again, another clause that needs to be included for legal reasons.
19. Survival of obligations
If your contract was to be terminated, clauses 5, 6, 9, 10, 13, and 14 would out survive the termination. For example, the termination fee would remain due on payable even though the contract has been terminated.
Again, another clause that needs to be included for legal reasons.
20. Entire contract
If there’s one clause in this contract that sums up why everything must be in writing, it’s clause 20.
It essentially explains why everything needs to be in writing and why promises and verbal agreements aren’t enough.
Everyone benefits from putting words onto paper.
After all, if a cleaning company were to promise you something in person, how do you know that they’ll adhere to that promise? They may say one thing but mean another.
21. Variation
Our payment terms are 30 days from the end of the month – they can’t be altered unless we agree to it in writing.
22. Waiver
Similarly, if there’s a verbal agreement waiving rights, it needs to be put in writing.
23. Severability
Again, the severability clause is included in all contracts for legal reasons.
Essentially what it means is, if any part of this contract is considered illegal or unenforceable, the remainder of the contract still applies.
24. Governing law
A nice simple clause to almost finish this article!
Because these contracts are signed in QLD, they’re governed by the laws of QLD.
25. Pandemic provision
Phew finally! The last clause!
Now I know that your brain is probably fried thinking about all these clauses and you’re sneakily wondering, “ The last clause won’t be that important, I’ll just finish it there and move on.”
However, I’m here to tell you not to skip over this last clause because it’s actually extremely important and sooo relevant for all of us!
COVID-19. I know we’re all probably tired of hearing about it, but it’s 2022 and it’s still around.
If during a pandemic period you have had to shut down your site, this clause is here to back you.
Both parties can agree in writing to either suspend the delivery of service or vary the frequency of service. This is for a maximum of 6 months unless an extension is agreed to in writing.
If you were to suspend the cleaning service for 6 months then reactivate it, the initial end date of your contract would be extended by 6 months. For instance, if your end date was December 2022, your new end date would be June 2023.
Doing it this way means neither party ends up missing out! You end up getting your site cleaned for the missed 6 months, and we end up being able to clean it!
We understand that you don’t want to be billed if you have to shut down your workplace due to a pandemic. This is exactly why we introduced this clause 18 months ago to all our contracts.
Why a cleaning contract is there for your benefit
At In-Tec, we want to be transparent and honest with you when it comes to cleaning contracts. And what better way to do this than by going through all 25 of our clauses and what they mean to you.
We understand there’s a sense of hesitation that comes with signing a contract, but it really is there for YOU, especially clauses 6, 7, 17, 20, and 25.
If you find yourself hiring a commercial cleaning company, make sure their contract is tailored towards you, the client.
A scope of works is a necessary part of your contract, and if one thing’s for certain, you want to make sure that it’s done properly. Read our article What Does a Bad vs Good Cleaning Scope of Works Look Like? to find out the differences and more importantly, why it should keep the cleaning company accountable.