Effective Date: 17/08/24
 

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Introduction

This document outlines the terms and conditions governing the relationship between Seawolf Facilities Services Ltd ("the Company"), operating under the trading name "Seawolf Services," and you, the client ("the Client"). By engaging with our services, you agree to abide by these terms. "Seawolf Services" refers to our brand name, used for customer interactions, while "Seawolf Facilities Services Ltd" is our official, legal entity responsible for all contractual and legal obligations.

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1. Acceptance of Terms

1.1. Engagement Agreement:

By choosing Seawolf Services for your service needs, you, the Client, enter into a binding agreement with the Company. These terms serve as the governing contract between the Client and the Company.

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1.2. Implicit Agreement:
Your engagement with Seawolf Services indicates your understanding of and consent to the responsibilities and obligations outlined in this agreement. Although we operate as Seawolf Services, all legal responsibilities are held by Seawolf Facilities Services Ltd. We recommend thoroughly reviewing these terms to ensure clear comprehension of the commitments involved.

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1.3. Clarity and Communication:
For any questions or concerns regarding these terms, we encourage open communication with the Company. Seawolf Services is here to assist with any clarifications or explanations you may need.

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1.4. Modifications and Changes:
The Company reserves the right to modify these terms at any time. Any changes will be communicated to the Client, and continued use of our services will imply acceptance of the updated terms. We suggest periodically reviewing these terms to stay informed about any revisions.

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1.5. Right of Service Refusal:
The Company reserves the right to refuse service to any Client at its discretion. Service refusal may occur without the need for explicit justification, and no liability shall arise from such refusal. If individual services have been prepaid and are refused, a refund will be issued solely for those services. If services, whether paid or unpaid, have already been carried out, refunds will only be considered under exceptional circumstances, as determined by the Company. Refund requests must be submitted in writing and will be subject to a thorough review.

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2. Payment Terms

 

2.1. Advance Deposit:
Clients must make a non-refundable advance deposit of 40% upon accepting the estimate. This deposit secures the Client's commitment and allows the Company to plan and allocate resources effectively. The deposit must be made within 10 business days of estimate acceptance.

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2.2. Remaining Balance:
The remaining balance, after deducting the advance deposit, must be settled in British Pounds (£) according to the terms outlined in the invoice. Any deviations from these terms require prior written agreement between the Client and the Company.

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2.3. Payment Methods:
The Company accepts payments via bank transfers, credit cards, and other electronic payment methods. Clients are responsible for any transaction fees incurred during the payment process.

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2.4. Currency Exchange:
If the Client makes payments in a currency other than British Pounds (£), any associated exchange fees are the Client’s responsibility.

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2.5. Late Payments:
If payment is not received within a 15-day grace period from the due date, interest may be applied in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

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2.6. Invoice Discrepancies:
The Client is encouraged to report any discrepancies in the invoice within 7 days of receipt to ensure prompt resolution.

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2.7. Service Suspension:
Failure to comply with the payment terms may result in the suspension or termination of services until all outstanding payments are settled.

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2.8. Taxation:
The cost of services is exclusive of any applicable taxes or duties. The Client is responsible for paying any taxes or duties required by law.

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2.9. Estimate Validity:
Estimates provided by the Company are valid for a specified period, typically indicated on the estimate document. Extensions beyond this period may require a re-evaluation of costs or project scope, which could lead to adjustments in the estimate.

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2.10. Financial Transparency:
The Client may request a detailed cost breakdown or clarification on financial matters to ensure a clear understanding of the service charges. The Company reserves the right to charge additional fees for providing extensive financial documentation or analysis.

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2.11. Dispute Resolution:
Any disputes related to payments or invoicing will first be addressed through good-faith negotiations between the Client and the Company. If a resolution cannot be reached, the dispute may be escalated according to the mechanisms outlined in Section 9 of this agreement.

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3. Service Delivery

3.1. Timelines and Delays:
The timelines provided for service delivery are estimates. The Company will make every effort to adhere to these timelines; however, it is not liable for delays that are beyond its control.

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Unforeseen Circumstances: If delays occur due to unforeseen circumstances, such as adverse weather conditions or unexpected complexities in the job, the Client will be promptly informed.

Extended Timeline Communication: Should the project take longer than initially estimated due to unforeseen challenges, the Company will communicate the updated timeline transparently. If necessary, discussions will take place regarding any potential adjustments to the project scope or cost implications.

3.2. Additional Costs:
The Client is responsible for any additional costs related to services provided by the Company unless otherwise agreed upon in writing.

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Scope Adjustments: If there are changes in the scope of work or additional services are required due to unforeseen circumstances, these will be discussed with the Client and agreed upon in writing before implementation.
 

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4. Gardening Services

4.1. Scope of Services:
The Company offers a comprehensive range of gardening services, including but not limited to:

Lawn Care: Regular mowing and edge trimming to maintain a neat and well-groomed lawn.
Weeding: Effective removal of weeds to promote the health and aesthetics of the garden.
Garden Clearances: Clearing garden spaces, removing debris, and ensuring a clutter-free environment.
Hedge Trimming: Precision trimming of hedges to maintain desired shapes and sizes.
Planting: Planting new flora and ensuring proper soil cultivation to support healthy growth.
Soft Landscaping: Enhancing the overall aesthetic appeal of your outdoor space through soft landscaping services.

4.2. Client Responsibilities:
The Client has certain responsibilities to ensure that the gardening services can be carried out effectively:

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• Access: The Client must provide unhindered access to the premises, enabling our gardening professionals to perform their tasks efficiently.

• Communication: Clear communication regarding any specific plant preferences or restrictions is essential to tailor our services to meet the unique needs of the Client’s outdoor space.

• Water and Electrical Access: The Client is expected to provide access to water and electricity for gardening purposes unless otherwise agreed upon.

 

4.3. Hazardous Materials:
The Company is committed to environmentally friendly practices. If the use of potentially hazardous materials, such as pesticides, is necessary, the Client will be notified in advance, with consideration given to the well-being of residents, pets, and the environment.

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4.4. Waste Disposal:
The Company is a registered Waste Carrier, Broker, or Dealer with the Environment Agency (CBDL500523). Waste removal is generally limited to green waste; additional charges may apply for the removal of other waste types. The Client will be informed of any such charges prior to the removal of non-green waste.

 

Third-Party Services: Occasionally, the Company may engage a third-party company to handle waste removal. The Client will be informed if this is the case, and all efforts will be made to ensure that the third party meets the Company's standards for waste management.

Green Waste Prices:

 

• Total per bulk bag (1m³): £43

• Total per 1/2 bulk bag (0.5m³): £21.50

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Note: Green waste volumes are rounded to the nearest 0.5m³ for pricing purposes. For example, if the waste amount is estimated to be 0.7m³, the charge will be rounded up to 1m³.

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4.5. Unexpected Issues:
While performing gardening services, unforeseen challenges such as the presence of pet or wild animal faeces may arise.

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Customer Responsibility: The Client is responsible for ensuring that areas to be serviced are clear of pet or wild animal faeces before services commence.
Removal Charges: If the Company is required to remove pet or wild animal faeces, additional charges may apply. The Client will be informed of these charges before the removal process begins.
Accidents and Cleaning Costs: In the event of an accident involving faeces, such as stepping on it or contact with machinery, the Client will be responsible for the associated cleaning costs. These charges will be communicated transparently to the Client.

4.6. Cable and Pipe Protection:
The Client is required to ensure the protection of any cables or pipes within the designated service areas. It is crucial that the Client communicates the presence and location of these cables and pipes to the Company. Power tools used for gardening may pose a risk of accidental damage, particularly in concealed areas like bushes or weeds. Timely and accurate communication from the Client regarding the existence and positioning of cables will help prevent inadvertent damage during gardening services, contributing to a safe and efficient experience for both parties.

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5. Cleaning Services

5.1. Scope of Services:
The Company provides a comprehensive range of cleaning services tailored to the diverse needs of both residential and commercial clients. These services include, but are not limited to, dusting, vacuuming, mopping, sanitizing, waste removal, and specialized cleaning for specific areas or surfaces. The detailed scope of cleaning services will be explicitly outlined in the agreed-upon proposal or contract.

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5.2. Client Responsibilities:

Access and Security: The Client is responsible for providing access to the premises at the scheduled cleaning times. This includes ensuring that the Company has clear and unrestricted access to all areas that require cleaning. Access arrangements may involve providing access codes, keys, fobs, or access cards. If the Client is not present during the cleaning, they must ensure these arrangements are in place and communicate any specific instructions or requirements for accessing different parts of the property.

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Communication of Departure: If the Client decides to leave the premises before the cleaning operatives have completed their work, they must communicate this decision to the operatives or the relevant supervisor.

 

This is crucial to ensure:

• The site remains secure.

• The operatives are aware of the Client's departure and can take measures to secure the site.

• Prevents inadvertent locking in or out, particularly if alarms or security measures are triggered.

• Avoids unnecessary public expenditure, such as potential emergency services involvement.

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Special Instructions: Any specific instructions or requirements for accessing the premises should be communicated in advance. This includes details on entering the property, any restrictions on areas to be cleaned, or handling particular situations that may arise during the cleaning process.

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Access to Equipment and Facilities: The Client should ensure that any necessary equipment or facilities needed for cleaning, such as refuse bins or recycling chambers, are accessible. If access is blocked or restricted, the Client must address these issues to ensure a smooth cleaning process.

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Point of Contact: If the Client cannot be present, they should designate a trusted point of contact who can provide access and manage any immediate issues or questions. This person should be reachable by phone or other communication methods during the scheduled cleaning time.

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Pre-Cleaning Walkthrough: If possible, the Client may arrange for a pre-cleaning walkthrough with the Company to discuss specific areas of focus and access requirements. This ensures both parties are aligned on expectations and access needs before the cleaning begins.

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5.3. Cleaning Products and Equipment:

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Company-Provided Supplies: The Company typically provides all necessary cleaning products and equipment. These are selected to ensure effectiveness and safety during the cleaning process.

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Client-Provided Supplies: The Client has the option to provide their own cleaning supplies and materials. If the Client chooses this option, they must ensure that:

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• All supplies and materials are fit for purpose, safe to use, and in proper working order.

• All cleaning products and materials comply with the Control of Substances Hazardous to Health (COSHH) regulations, including providing COSHH assessments where applicable. This involves ensuring that appropriate Safety Data Sheets (SDS) are available and that hazardous materials are used safely.

• The Company is informed in advance of any specific products or materials the Client will provide, including any particular preferences or requirements.

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Communication of Preferences:
Whether using Company-provided supplies or their own, any specific product preferences or allergies should be communicated in advance. This ensures that the cleaning process is both effective and safe for all parties involved.

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5.4. Valuables and Personal Items:
The Client should secure all valuables and personal items during cleaning sessions. The Company is not liable for any loss or damage to items left unsecured.

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5.5. Safety Data Sheets:
If any cleaning products containing potentially hazardous materials are used, the Client will be informed in advance. The Company will provide Safety Data Sheets (SDS) for such products upon request to ensure transparency and safety.

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5.6. Security and Access:

Customized Security Codes: The Client must maintain a secure working environment. Any access codes, keys, fobs, or access cards provided to the Company should be handled securely. Customized access codes or credentials specifically for the Company’s use should be provided. These codes should be separate from any codes used by the Client or their employees.

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Communication of Security Protocols: Security protocols or concerns should be communicated in advance to ensure the Company can manage access and security appropriately.

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5.7. Refuse and Recycling Waste:
The Client must provide access to refuse bins, recycling chambers, or other waste disposal areas. If these facilities are not accessible or available, refuse or recycling waste will remain on the property for the Client to handle. This requirement will be detailed in the contract or agreement.

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5.8. Emergency Key Return Fee:
If an emergency key return is required, the Company may impose a fee to cover travel costs, time wages, and a 20% administrative charge. This fee will be specified in the contract or agreement.

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5.9. Return of Keys to a Different Address Fee:
If the Client requests that keys be returned to an alternative address, an additional fee will apply to cover travel costs, time wages, and a 20% administrative charge. The Client will be informed of this fee in advance and it will be included in the contract or agreement.

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5.10. Communications and Requests:
All additional requests, schedule changes, or pertinent information should be communicated to the Company in writing. Accepted forms of communication include email, WhatsApp, Facebook Messenger, website query forms, or any other agreed-upon written format. This ensures clear and documented communication and allows the Company to respond to Client requests or changes promptly.

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6. Warranties

6.1. Service Warranty:
The Company, assures the Client that all  services provided will be executed with a high standard of care and skill, ensuring quality outcomes tailored to meet the Client's expectations.

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6.2. Limitations to Warranty:
The Company’s warranty is subject to certain limitations, especially in circumstances beyond its control. The following conditions may affect or exclude warranty coverage:

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Safety Concerns: If providing or maintaining the warranty poses safety risks to individuals or property, the warranty may be withheld or limited.

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Environmental Factors: Warranty coverage may be restricted in cases where environmental conditions or external factors beyond the Company’s control compromise the effectiveness or longevity of the services provided.

Unauthorized Modifications: The warranty does not cover damages resulting from any alterations or modifications made by the Client or third parties to the areas where cleaning or gardening services were performed without the Company’s explicit consent.

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6.3. Warranty Period and Performance Guarantee

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6.3.1. Service Warranty Period:
The Company warrants its services against defects in workmanship for 90 days from the completion date. This warranty applies to any issues that arise during normal usage of the services.

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6.3.2. Performance Guarantee:
The Company guarantees that its services will meet the agreed-upon specifications and performance standards for six months from the date of completion. Should the services fail to meet these standards, the Company will correct any deficiencies at no additional cost to the Client.

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8.3.3. Response Time for Warranty Claims:
The Company commits to responding to any warranty claims within 48 hours of notification. Upon receipt, the Company will assess the issue and take necessary corrective action in a timely and efficient manner.

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8.3.4. Extended Service Contracts:
The Company offers optional extended service contracts for Clients who require continued warranty coverage beyond the standard period. These contracts provide an additional 12 months of support and maintenance, with priority response and discounted rates for additional services.

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6.4. Warranty Terms and Conditions:

Scope of Warranty: The warranty is valid under the terms outlined in the service agreement between the Company and the Client.

Exclusions: The warranty does not cover damages resulting from misuse, negligence, unauthorized modifications, or interventions by third parties.

Client Responsibilities: The Client must promptly notify the Company of any warranty claims and provide necessary access to the premises for inspection and repairs.

 

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7. Intellectual Property

7.1. Ownership of Intellectual Property

The Company, retains exclusive ownership of all intellectual property rights associated with the services provided. This includes any proprietary methods, designs, recommendations, and other unique elements developed as part of delivering cleaning, gardening, and related services.

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7.2. Usage Restrictions and Client Responsibilities
Clients are not permitted to reproduce, distribute, or utilize any intellectual property owned by the Company without obtaining prior written consent. Unauthorized use of intellectual property is strictly prohibited and may result in legal action. Clients are responsible for seeking explicit permission for any intended use of the Companys’ intellectual property.

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9.3. Client-Requested Customizations
When clients request customized designs, methods, or services, the intellectual property rights of such custom work will be subject to negotiation. These rights will be clearly outlined in the agreed-upon proposal or contract, ensuring clarity on ownership and usage.

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7.4. Confidentiality of Client-Specific Designs and Methods
The Company is committed to maintaining the confidentiality of any client-specific designs, methods, or recommendations developed exclusively for a Client. Such proprietary information will be kept confidential and will not be disclosed or used for other projects without the Client's express written consent.

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8. Notification of Defects

8.1. Timely Notification:
The Client is required to promptly notify the Company of any defects or issues discovered within 24 hours of the completion of the service. Timely notification is essential for addressing concerns effectively.

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8.2. Impact of Delayed Notification:
Notification of defects beyond the specified 24-hour period may hinder the Company’s ability to address and rectify the issues promptly and efficiently. Delays in reporting may impact the resolution process.

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8.3. Thorough Inspection:
The Client is encouraged to conduct a thorough inspection of the completed service within the initial 24-hour period. This allows for the prompt identification of any concerns or defects, enabling the Company to take responsive action.

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8.4. Providing Detailed Information:
The Client should provide detailed information about the nature of the defects. Supporting documentation, such as photographs, can greatly assist the Company in understanding and addressing the reported issues more effectively.

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8.5. Timely and Accurate Communication:
Effective defect resolution relies on the Client’s timely and accurate communication. The Company is committed to addressing reported defects promptly and maintaining high standards of service quality.

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9. Governing Law and Jurisdiction

9.1. Applicable Laws:
These terms and conditions are governed by and construed in accordance with the laws of England and Wales. Any legal matters arising from the interpretation, execution, or breach of these terms will be subject to the laws of this jurisdiction.

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9.2. Dispute Resolution:
In the event of any disputes or disagreements between the Company and the Client, both parties agree to make good-faith efforts to resolve the matter amicably through negotiation or alternative dispute resolution methods.

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9.3. Exclusive Jurisdiction:
If an amicable resolution cannot be achieved, any legal actions or proceedings will be subject to the exclusive jurisdiction of the courts of England and Wales. Both the Company and the Client consent to this exclusive jurisdiction for the purpose of resolving any disputes.

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9.4. Mediation or Arbitration:
Before initiating legal proceedings, both the Company and the Client may consider mediation or arbitration as alternative dispute resolution mechanisms. These methods can provide a more expedient and cost-effective resolution while preserving the professional relationship between the parties.

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9.5. Waiver of Objection:
By entering into a contractual agreement with the Company, the Client waives any objection to the chosen jurisdiction and agrees to abide by the laws and decisions made within the jurisdiction of England and Wales.

 

10. Damages to Customer Property

10.1. Customer Precautions
The Client is responsible for taking necessary precautions to protect delicate, valuable, or irreplaceable items before the commencement of any service. This includes, but is not limited to, moving fragile items, valuable possessions, and items of sentimental value from areas where services will be performed.

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10.2. Delicate and Valuable Items
The Company shall exercise reasonable care during the provision of services. However, the Client acknowledges that certain services, especially those involving machinery, chemicals, or physical contact with surfaces, carry inherent risks. It is the Client’s responsibility to identify and secure delicate or valuable items that may be susceptible to damage during the service.

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10.3. Theft Accusations
The Company operates with the highest standards of professionalism and integrity. The Client is advised to secure and safeguard their belongings during service periods. In the event of theft accusations, the following points apply:

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10.3.1. Customer Responsibility
The Client must report any suspected theft promptly to the Company and local law enforcement. Timely reporting is essential for a thorough investigation.

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10.3.2. Investigation Process
The Company will cooperate fully with law enforcement authorities in investigating theft accusations. This may include providing relevant information, records, or access to personnel for questioning.

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10.3.3. Presumption of Innocence
The Company maintains a presumption of innocence for its personnel until evidence proves otherwise. The Company shall conduct its internal investigation in parallel with law enforcement.

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10.3.4. Cooperation with Investigations
The Client agrees to cooperate with the Company and law enforcement during investigations. This includes providing statements, evidence, or any other relevant information to facilitate a thorough and fair inquiry.

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10.3.5. Resolution
If an internal investigation determines that an employee is responsible for theft, appropriate actions will be taken, including potential termination of employment. However, the Company is not liable for any losses incurred by the Client due to theft by its personnel.

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10.4. Reporting Damages
The Client must promptly report any damages to their property that occur during the provision of services. Timely reporting enables the Company to address the issue promptly and take appropriate corrective measures.

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10.5. Liability
The Company’s liability for damages to the Client’s property is limited to gross negligence or wilful misconduct on the part of its personnel. In the absence of such negligence or misconduct, the Client bears the responsibility for securing their property during service provision.

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11. Price Adjustment Framework: Aligned with Consumer Prices Index (CPI)

11.1. Dynamic Pricing Strategy
The Company is committed to fairness and transparency in pricing, including an annual review that aligns with changes in the Consumer Prices Index (CPI). This methodical approach ensures an equitable adjustment process based on economic factors.

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13.2. Comprehensive Computation
Prices will be adjusted based on a thorough calculation that considers the percentage change in the CPI over the previous 12 months, with December of the prior year as the reference month. This CPI-focused model provides a clear and transparent pricing adjustment mechanism.

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11.3. National Minimum Wage and Living Wage Integration
As a responsible employer, the Company closely monitors National Minimum Wage rates and aligns its wage structure with the real Living Wage set by the Living Wage Foundation. Wage adjustments will reflect both statutory and real living wage considerations.

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11.4. Proactive Client Outreach
The Client will receive detailed notifications at least 30 days prior to the implementation of any price adjustments. These communications will explain the rationale behind adjustments, including changes based on CPI, National Minimum Wage, and Living Wage considerations.

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11.5. Interactive Client Consultation
The Company encourages active Client participation in the adjustment process. Clients can engage in consultations for inquiries or concerns related to CPI-based and wage-related price adjustments. Feedback is integral to our commitment to continuous improvement.

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11.6. Smooth Transition Period
Adjusted prices will take effect on April 1st each year, providing a 30-day transition period for Clients to adapt to the revised pricing structure smoothly.

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11.7. Annual Policy Review
The Company will conduct an annual review of this CPI Price Adjustment Policy, demonstrating our dedication to a pricing strategy that aligns with economic realities, ensuring fairness to both Clients and our workforce.

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11.8. Adaptability to Unforeseen Circumstances
In response to unforeseen economic challenges requiring immediate adjustments, the Company reserves the right to modify prices outside the annual cycle. Clients will receive prompt notifications regarding any such adjustments.

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By engaging with our services, the Client acknowledges and accepts the terms outlined in this CPI Price Adjustment Policy. For further information or clarification, Clients should refer to the communication channels specified in Section 14 of the Terms & Conditions of Service.

 

 

12. Contact Information

12.1. Communication Channels
For inquiries, concerns, or any communication related to these terms and conditions or the Company's services, please use the following contact methods:

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Email: info@seawolfservices.co.uk
WhatsApp: Click here to chat
Facebook Messenger: Send a Message
Website Query Form: Submit a Query

12.2. Prompt Communication
Clients are encouraged to use these communication channels for prompt and efficient handling of any issues related to services or these terms and conditions.

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12.3. Preferred Modes of Communication
While email is the primary mode of communication, clients may indicate any alternative or preferred modes of communication. Seawolf Facilities Services Ltd will make reasonable efforts to accommodate and respond to these preferences.