CLEANING & HOUSEKEEPING SERVICES –

TERMS & CONDITIONS

1.    Definitions 

1.1 In these Terms & Conditions, the following definitions apply:

“Cleaning Visit” – means the visit to the Customer’s Address by a Housekeeper to perform the Services booked by the Customer.

“Company”, “Our”, “Us”, “We”, “Student Roost” – means PBSA Portfolio Advisor Limited (trading as Student Roost), its group companies, employees, agents and independent subcontractors. “Customer” - means the person to whom the Services are supplied by the Company. “Customer’s Address” – means the address where the Customer has requested the Services be carried out.

“Housekeeper” - means the person carrying out cleaning and housekeeping services on behalf of the Company.

“Services” - means the cleaning and housekeeping services performed for the Customer by a Housekeeper on behalf of the Company, including Subscription Services and Specialist Cleaning.

“Specialist Cleaning” – means the specialist cleaning services set out in Schedule 1 to clean body fluids and other substances (for example, vomit).

“Subscription Services” – means the services set out in Schedule 1 that can be booked on a fortnightly recurring basis.

1.2 Unless the context requires otherwise, references to the singular include the plural and references to the masculine include the feminine and vice versa.

1.3 Words such as “including”, “such as”, “for example” and any other similar expressions are to be construed without limitation.

1.4 The schedule forms part of these Terms & Conditions and shall have effect as if set out in the full body of this agreement and any references to these Terms & Conditions includes the schedule.

1.5 Clause and schedule headings are included for convenience only and shall not affect the interpretation of these Terms & Conditions.

2. Contract

2.1 These Terms and Conditions, together with the booking confirmation email, represent a contract between the Company and the Customer. 2.2 The Customer agrees that any use of the Company’s Services, including placing or changing an order for Services shall constitute the Customer’s acceptance of these Terms and Conditions. 2.3 These Terms and Conditions prevail over, and operate to the exclusion of, any other terms or conditions put forward by the Customer or which are implied by trade, custom, practice or course of dealing.

2.4 If a Customer living in a dual occupied room books Services, or if a Customer books Services (such as a Kitchen Clean or a Bathroom Clean) on behalf of a group of flatmates, the Customer making the booking (“Lead Customer”) is responsible for paying the price for the Services, and also for notifying the Company of any changes or cancellation requests (in accordance with the provisions of these Terms & Conditions). The Lead Customer confirms that they have obtained the consent of their flatmates to make the booking. The Company has no responsibility for allocating the price of the Services between the Lead Customer and their flatmates or for seeking payment for the Services from anyone other than the Lead Customer. It is the responsibility of the Lead Customer to decide with their flatmates how the flatmates will contribute towards the price of the Services booked and paid for by the Lead Customer.

3. Services

3.1 The Company shall perform the Services booked by the Customer with reasonable skill and care in accordance with the task list for the relevant Services set out in Schedule 1.

3.2 The Subscription Services will be performed on a fortnightly recurring basis. If the Subscription Services are booked by the Customer before 1 October 2022 the Subscription Services will commence from 1 October 2022 and continue until the end date of the Customer’s tenancy with Student Roost unless terminated earlier in accordance with these Terms and Conditions. If the Subscription Services are booked by the Customer after 1 October 2022 the Subscription Services will commence from the date of the booking and continue until the end date of the Customer’s tenancy with Student Roost unless terminated earlier in accordance with these Terms and Conditions. The Company will contact the Customer to arrange the date of the first clean which will take place within 2 weeks of 1 October 2022 or the booking date, as applicable, and be repeated fortnightly thereafter on the same day and at the same time.

3.3 All cleaning equipment and products will be provided by the Company. Such equipment and products will be handled by the Housekeeper only and must not be touched or used by the Customer. The Company cannot be held responsible for any loss or damage suffered by the Customer as a result of touching and/or using the Company’s cleaning equipment and products.

3.4 All fragile and sentimental items in the Customer’s Address must be removed or secured by the Customer before the start of the Services.

3.5 Personal items left on worktops, surfaces and/or the floor will be cleaned around by the Housekeeper. The Customer agrees to put away any personal items before the Housekeeper arrives so that worktops, surfaces and the floor are fully accessible and can be cleaned by the Housekeeper. No refund will be given for any tasks that cannot be completed as part of the Services due to personal items being left out by the Customer.

3.6 The Housekeeper will only arrive with the cleaning equipment and products required for the Services booked. If Specialist Cleaning services are required by a Customer these must be booked in addition to any other Services and paid for in advance. The Company cannot be held responsible if booked Services are unable to be performed due to Specialist Cleaning services being required but not booked. If the Specialist Cleaning services are not booked and pre-paid by the Customer, the booked Services may be cancelled at the Company’s discretion. The Customer will still be charged for the booked Services and no refund will be given in such circumstances.

3.7 In advance of the Services being carried out, the Customer must inform the Company in writing of any hazards at the Customer’s Address that may impact the Services, such as loose shelves and broken or damaged items. No refund will be given for any tasks that cannot be completed as part of the Services due to hazards at the Customer’s Address that the Customer failed to notify in advance.

3.8 The Company reserves the right to refuse or cancel a booking for Services if the Customer is in rent arrears under their tenancy agreement.

3.9 A Customer may re-schedule the Services if they are isolating due to COVID-19. The Customer should notify the property team in writing via email to the property email address giving as much notice as possible. Alternatively, a refund may be offered at the Company’s discretion.

3.10 The Company reserves the right to re-schedule Services at its discretion for any reason, including if the Housekeeper is absent due to sickness or late due to transport problems.

3.11 If a Customer books Subscription Services for the entire duration of their tenancy agreement and pays the price for such Services in full and on time (when due and payable) then the Company will not charge the Customer a cleaning fee when they check-out of the accommodation at the end of the tenancy. If a Customer books Subscription Services but cancels them before the end of their tenancy agreement or doesn’t pay the price in full or on time (when due and payable) then the Company may, at its discretion, charge the Customer a cleaning fee when they check-out of the accommodation at the end of the tenancy.

4. Access to Customer’s Address

4.1 Booking times are indicative and not exact. We will endeavour to perform Services during normal working hours unless we specifically confirm otherwise in writing. This is because we cannot guarantee how long specific cleans may take. There may be occasions when delays are caused due to events outside of our control, such as a fire evacuation or other emergency. Time is not of the essence.

4.2 We do not require Customers to be present when Services are taking place. If the Customer is out the Housekeeper will access the Customer’s Address using the building’s master key. By accepting these Terms & Conditions, the Customer grants the Company and the Housekeeper permission to enter the Customer’s Address to perform the Services.

4.3 Due to COVID-19 considerations, the Housekeeper will not conduct Services if the Customer is in the room. If the Customer refuses to leave then the Services will not be performed, but will still be charged and no refund will be given.

4.4 The Housekeeper can refuse to carry out Services for a Customer if they deem it unsafe to do so, for example, the Customer is displaying aggressive/anti-social behaviour, hazardous materials are present at the Customer’s Address or specialist cleaning equipment is required and no prior notice has been given by the Customer. The Customer will still be charged for the Services and no refund will be given in these circumstances.

4.5 If the Housekeeper is unable to access the Customer’s Address for any reason within 30 minutes of arrival time (for example, the Customer refuses entry), they will move on to other scheduled jobs. The Customer will still be charged for the Services and no refund will be given in these circumstances.

5. Prices and Payment

5.1 The prices for the Services are set out in Schedule 1.

5.2 The price for the Subscription Services booked by the Customer may be paid in full in advance or, alternatively, monthly or termly in line with the Customer’s rent payments under their tenancy agreement. The payment plan will be agreed by the Company and the Customer at the time of booking. Payment can be made using a credit or debit card at the property’s reception desk or through the Customer’s online account with Student Roost.

5.3 Payment of the price for Specialist Cleaning is due and payable by the Customer on booking. Payment can be made using a credit or debit card at the property’s reception desk or through the Customer’s online account with Student Roost. The booking will not be confirmed until payment has been made.

5.4 We reserve the right to suspend or cancel the Services without notice if the Customer’s payment is declined or the price is not paid when due and payable. 5.5 The Customer shall make no reduction or retention from the price due and payable for the Services booked. 5.6 If we increase the price of the Services during the subscription period we will notify the Customer in writing at least thirty (30) days ahead of the change taking effect unless the price rise is required or necessary because of laws or changes imposed by any governmental or regulatory body or authority, in which case the price rise will come into effect on the day of notification. The Customer will not be affected by the price rise if they cancel their booking on or before the day on which the price rise takes effect.

6. Cancellation

6.1 The Customer may cancel the Services as follows:

6.1.1 The Customer can cancel the Services with immediate effect within 14 days from the date of the booking, and will receive a full refund of the price paid except if any Services have been performed prior to the date of cancellation in which case the Customer is liable for the cost of such Services. For the avoidance of doubt, the Customer will only be charged for Services performed (if any) during the period from the original date of booking to the date of cancellation.

6.1.2 After the expiry of 14 days from the date of the booking, the Customer can cancel the Services by giving no less than thirty (30) days prior written notice.

6.1.3 All requests for cancellation of Services under this Clause 6.1 must be sent via email to the property team. Once confirmed any applicable refund will be processed.

6.1.4 If a Customer wants to change the day or time of a scheduled clean they must give at least 24 hours prior written notice, to be sent via email to the property team. The Company will do its best to accommodate such request, subject to availability. If a Customer gives less than 24 hours prior written notice they will still be charged for the Services booked.

6.2 The Company can cancel the Services at any time:

6.2.1 on giving no less than five (5) working days written notice;

6.2.2 with immediate effect if the Customer hasn’t paid the price for the Services when due and payable;

6.2.3 with immediate effect if the Customer is in rent arrears under their tenancy agreement;

6.2.4 with immediate effect if a Customer abuses the booking system, for example by continually re-scheduling cleans or cancelling and re-booking Services;

6.2.5 with immediate effect if it is not able to provide the Services for any reason whatsoever; or

6.2.6 with immediate effect if the Customer breaches any of these Terms & Conditions and such breach cannot be remedied within seven (7) days.

7. Refunds

7.1 All refunds agreed by the Company under these Terms & Conditions will be processed, and monies returned via the payment method used at the time of booking, within ten (10) working days.

7.2 At the Company’s discretion, a Customer may be eligible for a refund in respect of Services not performed due to reasons not caused by the Customer.

8. Complaints

8.1. The Customer must notify the Company in writing of any dissatisfaction with the Services performed, any damage/breakages and/or theft within 24 hours of completion of the Services. Failure to do so will result in the Customer not qualifying for any refund and/or re-cleaning. The Customer must set out full details of the complaint in the notice and send it by email to the property team, together with any relevant photographic or other evidence:

8.2 The Company will fully investigate all complaints, and will respond to the Customer within five (5) working days of receipt of the complaint.

8.3 The Customer agrees to allow the Company to investigate their complaint and re-clean any disputed areas/items before making any attempt to clean those areas/items themselves or arranging for a third party to clean such areas/items. Alternatively, a refund may be issued at the Company’s discretion. The Company will not be liable for any losses, damages, costs or expenses suffered or incurred by the Customer in resolving the matters the subject of the Customer’s complaint if the Customer fails to allow the Company to investigate the complaint and remedy the disputed areas/items first.

9. Liability

9.1. The Company shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Customer arising from or in any way connected with:

9.1.1 its failure to perform the Services as a result of factors that are beyond its control, including acts of god, floods, severe weather conditions, pandemic, epidemic, quarantine restrictions and/or Government restrictions; 9.1.2 its failure to perform the Services due to:

(i) the Customer being in the room or refusing to leave the Customer’s Address to enable the Services to be performed; or

(ii) the Customer refusing the Housekeeper entry to the Customer’s Address or the Housekeeper otherwise being unable to gain access to the Customer’s Address; or

(iii) the Customer not removing personal items from worktops, surfaces and/or the floor before the start of the Services; or

(iv) hazards at the Customer’s Address that the Customer failed to notify before the start of the Services; or

(v) the Customer’s aggressive or anti-social behaviour;

9.1.3 late arrival of the Housekeeper at the Customer’s Address. The Company will use its reasonable endeavours to be on time for a Cleaning Visit, but sometimes due to transport related and other problems which are beyond the Company’s control the Housekeeper may arrive with a delay or the Cleaning Visit may need to be re-scheduled; 9.1.4 existing damage in the form of old stains/burns/spillages etc which cannot be cleaned or removed completely by the Housekeeper using industry standard cleaning methods;

9.1.5 its failure to perform the Services due to the condition of the Customer’s Address requiring specialist cleaning services to be carried out that were not booked by the Customer;

9.1.6 the Customer touching and/or using the Company’s cleaning equipment and products; and/or

9.1.7 non-satisfactory result from the Services due to the Customer or a third-party walking on wet floors or using appliances during or shortly after completion of the Services.

9.2. The Company shall not be liable for any odours arising during and/or after completion of the Services when this is due to factors such as lack of ventilation and/or appropriate heating.

10. Law

10.1. These Terms & Conditions are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.

11. Use of Digital Imagery

11.1 We and/or the Housekeeper may from time to time capture images during the Cleaning Visit to highlight any issues relating to the performance of the Services and to provide proof of tasks completed or that cannot be performed (in whole or part) to support any potential dispute or complaint.

11.2 The intellectual property rights and copyright of all images taken by us and/or the Housekeeper will remain that of the Company. These images may be shared with the Customer upon written request.

11.3 The Company reserves the right to use any image or video captured during a Cleaning Visit as evidence in the event of any legal action.

12. Miscellaneous

12.1 If any term of these Terms & Conditions is or becomes unlawful, invalid or unenforceable, that term shall be considered struck out and the remainder of the Terms & Conditions shall remain in full force and effect.

12.2 No modification of these Terms & Conditions shall be binding unless made in writing and signed by the Customer and a duly authorised representative of the Company.

12.3 These Terms & Conditions embody the entire agreement and understanding between the Customer and the Company pertaining to the subject matter, and supersede all prior agreements, understandings, negotiations, representations and discussions, whether verbal or written, of the Customer and the Company, pertaining to that subject matter. The Customer agrees and acknowledges that they have not relied upon any representations, promises, assurances or statements that are not recorded in these Terms & Conditions and any liability for innocent and/or negligent (but not fraudulent) misrepresentation as against the Company is expressly excluded.

Schedule 1