Terms of Agreement
The terms and conditions set out hereunder and as set out overleaf represent the entire agreement between HAZARD PRO and the Client whose details are contained at the beginning of this document (“the Client”) relating in any way whatsoever to the supply of services by HAZARD PRO pursuant to this Agreement and accordingly such terms and conditions supersede all previous terms and conditions and neither party places any reliance upon, any and all prior representations (not limited to but including drawings, specifications, performance figures and other data or information howsoever communicated by HAZARD PRO to the Client including any sales literature, price lists or other documents or information issued HAZARD PRO and the Client hereby acknowledges that except as expressly stated in this Agreement the Client has not been induced to enter into this Agreement by any representation whether oral, in writing or via email by HAZARD PRO, its employees, servant, agents or sub-contractors.
Prices
Unless expressly stated otherwise, all prices quoted are NET prices and are valid for the service stated. Any applicable value added tax, or any other sales tax or excise duties paid or payable by HAZARD PRO shall be payable by the Client.
HAZARD PRO will provide clients with a detailed quotation for the biohazard cleaning services to be rendered. The quotation will include a total of cost to the client, which may consist of labour, materials, equipment, and any applicable taxes.
The terms of this Agreement shall be deemed to have been conclusively accepted by the Client upon the Client accepting a quote for services and thereafter no variation to any of the terms of this Agreement shall be effective unless agreed in writing by duly authorised signatories of both the Client and HAZARD PRO.
Any additional services, cleans or works of any kind will be engaged with a separate quotation and charged for in accordance with such.
HAZARD PRO do not charge an hourly rate. Prices are quoted based upon services required
Quotations are valid for a period of 30 days from the date of issuance. After this period, HAZARD PRO reserves the right to revise the quotation as needed.
Clients must review and accept the quotation prior to work commencing.
HAZARD PRO reserves the right to apply additional charges if the scope of work expands due to unforeseen circumstances, changes requested by the client, or any other factors not initially accounted for in the quotation.
In such cases, HAZARD PRO will promptly inform the client of the necessary changes and obtain approval before proceeding with the additional work.
Additional charges may include, but are not limited to, extra labour, additional equipment, disposal of hazardous waste, and extended working hours.
HAZARD PRO reserves the right to adjust its prices periodically due to changes in the cost of materials, labour, equipment, or any other factors beyond its control.
Damages
Upon completion of the service by HAZARD PRO, the Client shall immediately examine the service and shall give written notice to HAZARD PRO of any matter where in the view of the Client HAZARD PRO has not complied with its obligations. If the Client shall fail to give such notice, the supply of services hereunder shall be conclusively presumed to have been given in all respects in accordance with the Agreement free from any defect and the Client shall be deemed to have accepted the supply of services accordingly.
HAZARD PRO has no obligation, duty or liability in contract, tort, for breach of statutory duty or otherwise to the Client or any third party beyond that of a duty to exercise reasonable skill and care in providing its services under the terms of this Agreement in accordance with the specification set out overleaf.
While HAZARD PRO takes all necessary precautions and follows industry best practices to ensure safe and efficient biohazard cleaning, the client acknowledges that biohazard cleaning carries inherent risks and uncertainties.
In no circumstances will HAZARD PRO be liable to the Client or any third party or sub-contractor in contract, tort (including negligence or breach of statutory duty) or otherwise for loss (whether direct or indirect) of profits, business, or anticipated savings or for any indirect or consequential loss whatsoever.
The maximum aggregate liability of HAZARD PRO in respect of any one claim or series of claims brought against HAZARD PRO hereunder shall be limited to the value of insurance cover notified or in force at the time of the incident to which first the claim relates.
Each provision of this Condition is to be construed as a separate limitation applying and surviving even if for any reason one or other of the said provisions is held inapplicable or unreasonable in any circumstances and shall remain in force not withstanding termination of this Agreement.
HAZARD PRO maintains comprehensive liability insurance coverage to protect against potential liabilities arising from its biohazard cleaning services. The client shall cooperate fully with HAZARD PRO and its insurance company in the investigation and settlement of any claims.
HAZARD PRO’'s liability is limited to direct damages caused solely by HAZARD PRO's negligence or failure to adhere to industry standards during the provision of biohazard cleaning services.
HAZARD PRO shall not be held liable for damages arising from circumstances beyond its reasonable control, including but not limited to acts of nature, vandalism, or third-party interference.
The client acknowledges that their actions or failure to comply with the obligations outlined in the terms and conditions may lead to damages, injuries, or delays during the biohazard cleaning services.
HAZARD PRO shall not be held liable for any damages or losses resulting from the client's breach of these terms and conditions, failure to disclose known hazards, or failure to follow safety precautions provided by HAZARD PRO
If HAZARD PRO uses third-party services, subcontractors, or products as part of the biohazard cleaning process, HAZARD PRO shall not be liable for any damages, errors, or omissions caused by such third parties.
HAZARD PRO will take reasonable steps to ensure that third-party services and products used during the cleaning process meet industry standards and are safe for use.
The client agrees to indemnify, defend, and hold harmless HAZARD PRO, its employees, agents, and affiliates, from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney fees and court costs, arising from or in connection with
The client's breach of these terms and conditions;
The client's failure to disclose known or suspected hazards or dangerous substances on the premises;
Any third-party claims related to the biohazard cleaning services provided by HAZARD PRO.
The client is responsible for maintaining adequate insurance coverage to protect their interests, including liability insurance covering risks related to the biohazard cleaning services.
The client shall inform their insurance provider of the biohazard cleaning services and ensure that the scope of coverage aligns with the potential risks associated with the cleaning process.
Payment terms
HAZARD PRO will invoice the client immediately following the completion of each service.
Business clients of HAZARD PRO will be granted a payment term of 30 days from the date of the invoice.
Payment must be made in full within the specified 30-day period unless otherwise agreed in writing between HAZARD PRO and the business client.
Any additional charges incurred during the provision of biohazard cleaning services, will be added to the final invoice and subject to the same payment terms as the original service.
New business clients engaging HAZARD PRO' services for the first time may be required to make a deposit of 50% of the total invoice amount upfront before work commences.
The remaining 50% of the invoice will be due within the agreed 30-day term of the biohazard cleaning services.
Domestic or individual clients engaging HAZARD PRO' biohazard cleaning services will be required to make a deposit of 50% of the total invoice amount upfront.
The remaining 50% of the invoice must be paid before the commencement of the biohazard cleaning services.
In the case of any overdue accounts HAZARD PRO, at its sole discretion, shall be entitled to charge interest to the Client at a rate of 10 (ten) percent of the invoice total per week, for the period from the due date until the date when full payment of the outstanding invoice is received.
When payment of any invoice is overdue, HAZARD PRO may suspend its performance of any works, job, contracts, other business partnerships or of any other contract then subsisting between HAZARD PRO and the Client. The suspension of such contract will not be deemed as underperformance of HAZARD PRO’s obligations and will still be charged to the client as per standard terms and conditions.
In the event of legal action being taken by HAZARD PRO against the Client for breach of payment obligations hereunder, the Client shall be responsible for all costs and disbursements incurred by HAZARD PRO on a full indemnity basis.
In the event of HAZARD PRO engaging a debt collection agency a fee of £300.00 + VAT will be payable to HAZARD PRO immediately to cover any costs incurred in addition to the outstand balance due.
For recurring contracted biohazard cleaning services, HAZARD PRO will provide the client with a detailed pricing schedule outlining the agreed-upon services, frequencies, and associated costs.
The pricing schedule will specify the scope of work, the frequency of services, and the total cost for each billing period.
Invoices for recurring contracted services shall be generated and sent to the client on the 1st of each month, outlining the charges for the upcoming billing cycle.
Payment terms for recurring contracted services shall be 30 days from the invoice date. The client must remit the payment by the due date specified on the invoice.
HAZARD PRO reserves the right to adjust the pricing for recurring contracted services with 30 advance written notice to the client.
Any changes to the pricing or scope of services shall be communicated to the client in writing and shall take effect on the next billing cycle following the notice period.
Service Provision
HAZARD PRO will provide biohazard cleaning services as specified in the quotation or service agreement provided to the client.
The scope of services will outline the type of biohazard cleaning to be performed, the areas or premises to be cleaned, and any additional services agreed upon between HAZARD PRO and the client.
HAZARD PRO will make every reasonable effort to ensure that the biohazard cleaning services are completed to the highest professional standard, in accordance with industry best practices and regulations.
HAZARD PRO require a safe method of access to the facilities/area of service to ensure services can be effectively rendered. Should HAZARD PRO not be able to access the facilities/area of service due to lack of access, outside of their control, this will not be deemed as underperformance of HAZARD PRO’s obligations and will still be charged to the client as per standard terms and conditions.
HAZARD PRO provide cleaning operatives for the proper performance of the services and the duties involved.
HAZARD PRO will provide cleaning equipment and chemicals unless specifically stated otherwise.
HAZARD PRO will provide all COSHH documentation, risk assessments and method statements for the services. Digital copies of all safety documentation can be sent to the client upon request.
Upon completion of the biohazard cleaning services, HAZARD PRO will conduct a dynamic post-cleaning safety assessment of the premises to determine its safety status. The safety assessment will be based on HAZARD PRO's expertise, experience, and adherence to industry best practices for biohazard cleaning.
HAZARD PRO acknowledges that the safety and cleanliness of the facility are subject to factors beyond the scope of the biohazard cleaning services provided.
HAZARD PRO can only guarantee the safety and cleanliness of the facility up until the point when HAZARD PRO personnel leave the site after the completion of the biohazard cleaning services. After HAZARD PRO's departure, the client assumes full responsibility for maintaining the safety and cleanliness of the premises.
While HAZARD PRO strives to deliver comprehensive biohazard cleaning services, certain areas may require special attention and continued caution after the cleaning process
Noticeable Stains and Residual Contamination:
Some materials, especially porous surfaces like wood or certain fabrics, may retain visible stains or discoloration even after thorough cleaning and disinfection.
HAZARD PRO will make every effort to minimize staining, but it is essential to understand that complete removal may not always be achievable, particularly in cases of prolonged exposure to biohazardous substances.
Clients should exercise caution when interacting with or handling stained materials and consider replacing items that cannot be fully cleaned or sanitised.
Hidden or Inaccessible Spaces:
HAZARD PRO will clean accessible surfaces and areas within the premises as part of the biohazard cleaning process. However, certain spaces, such as wall cavities, under-flooring, and concealed building structures, may be difficult to access and clean thoroughly.
It is crucial for clients to understand that potential biohazardous contaminants may remain in these hidden spaces, even though visible surfaces have been addressed.
Air Filtration Systems and Ductwork:
HAZARD PRO will clean and disinfect air vents and ductwork to the best of their ability, focusing on removing any visible contaminants. However, air filtration systems may be complex and extensive, and complete cleaning of every component might not be feasible during standard biohazard cleaning.
While HAZARD PRO will improve air quality through cleaning, clients should consider additional professional cleaning or maintenance for the HVAC system if necessary.
Re-contamination and Cross-Contamination:
After biohazard cleaning, clients must remain vigilant to prevent re-contamination or cross-contamination from occurring.
Cross-contamination can occur when cleaned areas come into contact with untreated or contaminated areas, potentially reintroducing biohazardous materials.
Clients should implement appropriate hygiene practices and precautions to minimize the risk of re-contamination, including proper disposal of waste and following recommended protocols.
Residual Odors:
While HAZARD PRO will utilise effective deodorization techniques during biohazard cleaning, some residual odours may persist, especially in cases of prolonged exposure to biohazardous materials.
It is important to note that certain odours may be challenging to eliminate entirely and might require additional efforts or specialised treatments.
Continued Monitoring and Maintenance:
Following the biohazard cleaning, clients should monitor the premises regularly to detect any potential signs of re-contamination, damage, or adverse effects.
Any concerns or issues observed during the monitoring process should be promptly reported to HAZARD PRO for assessment and possible additional cleaning or corrective actions.
Client’s Obligations
The client agrees to cooperate fully with HAZARD PRO and provide all necessary access to the premises at the agreed-upon dates and times for the provision of biohazard cleaning services.
If the client fails to provide timely access to the premises, resulting in delays or disruptions to the scheduled services, HAZARD PRO shall not be held responsible for any resulting consequences or additional costs incurred. When access is denied or cannot be obtained the services to be provided hereunder shall be deemed to have been provided and full payment shall be made, in line with payment terms.
The client shall ensure that all necessary arrangements are made to grant HAZARD PRO personnel access to restricted areas or relevant equipment required to complete the biohazard cleaning effectively and safely.
The client agrees to promptly disclose any known or suspected hazards, contaminants, or dangerous substances present on the premises that may affect the safety or success of the biohazard cleaning process. This includes providing HAZARD PRO with accurate information about the nature of the biohazardous incident, any hazardous materials or chemicals involved, and any previous cleaning attempts or treatments. Failure to disclose such critical information may lead to inadequate cleaning, ineffective results, and potential risks to HAZARD PRO personnel and the public.
The client shall inform HAZARD PRO of any specific safety precautions or protocols that must be followed while providing the biohazard cleaning services. If the client has specific safety requirements for HAZARD PRO personnel while on-site, such as the use of personal protective equipment (PPE), the client must communicate these requirements in advance.
The client shall provide relevant safety information and guidelines regarding the premises to ensure the safety of HAZARD PRO personnel during the cleaning process.
The client shall identify and remove any personal belongings or valuable items from the areas to be cleaned before HAZARD PRO personnel arrive on-site. HAZARD PRO shall not be responsible for any loss or damage to personal belongings left within the areas designated for cleaning.
The client shall ensure that the biohazard cleaning services comply with all applicable laws, regulations, and industry standards.
If the premises require specific permits or permissions for the provision of biohazard cleaning services, the client shall obtain such permissions before HAZARD PRO commences work.
The Client shall provide prior to and during provision of the service all necessary lighting and an electrical supply of 240 volts, within the areas where the service is to be carried out, and the costs of any electrical charge usage by HAZARD PRO in carrying out the service are to provide free of charge by the Client.
The Client shall ensure that an adequate supply of domestic hot water is available in all areas where the service is to be provided for use by HAZARD PRO whilst the service is being carried out.
The client shall provide a contactable representative or point of contact, to enable HAZARD PRO to gain access to all areas where the service is to be carried out. The Client’s representative will be nominated prior to commencement of the service and will also be available to HAZARD PRO should any problems occur whilst the service is taking place.
The client shall notify HAZARD PRO of any invoicing discrepancies within 5 working days of receiving the invoice. Failure to raise concerns or discrepancies within this time will result in the invoice being payable in full.
The client is responsible for paying the invoice total to the correct bank account within the payment terms assigned. HAZARD PRO will assume no responsibility for payments made to incorrect accounts.
The Client will explain all alarm and security measures to HAZARD PRO management and representatives prior to services being rendered should this effect the access to the facilities.
Contract Period and Determination
The contract period for the biohazard cleaning services provided by HAZARD PRO shall commence on the date specified in the service agreement or quotation and shall continue until the completion of the agreed-upon services, as outlined in the scope of work.
The contract period may be extended if mutually agreed upon by both parties in writing. Any extension shall be subject to the terms and conditions in effect at the time of the extension.
HAZARD PRO will make reasonable efforts to complete the biohazard cleaning services within the agreed-upon timeframe. However, unforeseen circumstances, changes in scope, or other factors may influence the duration of the contract period.
The client reserves the right to terminate the contract for biohazard cleaning services before the completion of the agreed-upon services.
If the client decides to terminate the contract prematurely, they must provide written notice to HAZARD PRO indicating the termination date and the reasons for early termination.
In the event of early termination by the client, HAZARD PRO shall be entitled to compensation for the full invoice amount regardless of services rendered, expenses incurred, and any reasonable termination fees, as outlined in the terms and conditions.
HAZARD PRO reserves the right to terminate the contract for biohazard cleaning services before the completion of the agreed-upon services in the following circumstances:
Client Breach: If the client breaches any of the terms and conditions outlined in the contract, HAZARD PRO may terminate the contract with immediate effect and without liability.
Extreme Safety Concerns: If HAZARD PRO determines that continuing the biohazard cleaning services poses a severe risk to the safety of its personnel or the public outside the scope or nature of the service, HAZARD PRO may terminate the contract in the interest of safety.
In the event of early termination by HAZARD PRO, shall provide written notice to the client explaining the reasons for termination and the termination date.
If HAZARD PRO terminates the contract due to a breach by the client, the client shall be liable for any costs, damages, or losses incurred by HAZARD PRO as a result of the breach.
Upon completion of the biohazard cleaning services, HAZARD PRO will issue a final invoice to the client, detailing the total amount due for the completed services, any additional charges, and applicable taxes.
The client shall make the final payment as per the agreed-upon payment terms.
Limitation of Liability
HAZARD PRO shall exercise reasonable care, skill, and diligence in providing biohazard cleaning services. However, the client acknowledges that biohazard cleaning involves inherent risks, and HAZARD PRO's liability is limited to the extent set forth in this section.
Force Majeure
HAZARD PRO shall not be liable to the Client or be deemed to be in breach of this Agreement by reason of delay in performing, or any failure to perform, any of HAZARD PRO’s obligations in relation to the service provided under the terms of this Agreement, if the delay or failure was due to any cause beyond HAZARD PRO’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond HAZARD PRO’s control
act of God, explosion, flood, tempest, fire or accident.
war or threat of war, sabotage, insurrection, civil disturbance or requisition.
acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
import or export regulations or embargoes.
strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the HAZARD PRO’s or of a third party)
difficulties in obtaining raw materials, labour, fuel, parts or machinery.
power failure or breakdown in machinery.
non-cooperation by the client, or its employees and representatives.
non-disclosure by client of a material aspect preventing or reducing the ability of HAZARD PRO to perform the work.
Failure by the client to provide HAZARD PRO access to the premises and/or areas that require cleaning services to be rendered.
Insolvency, bankruptcy
HAZARD PRO shall have the right to terminate the contract forthwith where the Client becomes insolvent or bankrupt or makes arrangements with its creditors or suffers a receiver to be appointed or being a body corporate enters into liquidation (other than in connection with a reconstruction or amalgamation) in any of which cases HAZARD PRO shall have no further obligation hereunder and the price for all goods delivered and work done shall become immediately due and payable.
Law Applicable
These conditions shall be governed and construed in accordance with English law and all disputes arising in connection therewith shall be submitted to the jurisdiction of the English courts.
Notices
Any notice to be given pursuant to the terms of this Agreement shall be given in writing to the party due to receive such notice at its address set out in this Agreement or such other address as may have been notified for the purpose to the other party hereto in accordance with this Condition. Any notice to be given pursuant to the terms of this Agreement to the Supplier shall be marked clearly for the attention of the Office Manager. Notice shall be delivered personally or sent first class pre-paid recorded delivery or registered post (air mail if overseas) and shall be deemed to be given:
in the case of delivery personally, on delivery.
in the case of posting (in the absence of evidence of earlier receipt) 48 hours after posting (six days if sent by air mail).
Employees and sub-contractors
All employees of HAZARD PRO are deemed employees of HAZARD PRO and will not for any purpose be considered as employees or agents of the client.
During the contracted service provision period and for six months after its completion the client will not directly or indirectly solicit either on its own account or on behalf of any third party the services of any HAZARD PRO personnel (whether on a full or part-time basis) who work in any for HAZARD PRO. The client will be liable to pay compensation to HAZARD PRO for any breach of this clause equal to 12 (twelve) months’ earnings of any person who is induced to leave the firm immediately upon receipt of invoice.
In the event of HAZARD PRO enlisting the services of a sub-contractor entity to meet the high standards that we aim to provide, HAZARD PRO will take all measures to ensure the sub-contracting entity is of the highest reliability and professionalism.
HAZARD PRO will notify clients, where applicable, that a sub-contracting service will be in use prior to performance.
In the event of a performance that does not meet the predetermined standards agreed between the client and HAZARD PRO cannot accept responsibility for work carried out by subcontracted operators, however, will facilitate any necessary arrangements to rectify the works. It will be the responsibility of the customer to liaise with the sub-contractor to establish specific requirements.
HAZARD PRO will always endeavour to provide contractual agreements and previous communication records to determine liability to aid a dispute resolution.
Wavier
No failure on the part of HAZARD PRO to exercise any power, right, privilege or remedy under this agreement, and no delay on the part of HAZARD PRO in exercising any power, right, privilege or remedy under this agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy.
Declaration of Acceptance and Binding Agreement to Terms and Conditions
By accepting a quote, proposal, or agreement for biohazard cleaning services provided by HAZARD PRO through any means, including but not limited to software platforms, email communication, verbal acceptance, or other electronic or written methods, the client acknowledges that they have read, understood, and agreed to the terms and conditions outlined in this document.
Acceptance of the quote or proposal signifies the client's full and unconditional acceptance of the terms and conditions, constituting a legally binding agreement between the client and HAZARD PRO.
The client acknowledges that they have had sufficient opportunity to review the terms and conditions, seek legal advice if necessary, and fully comprehend the rights, responsibilities, and obligations established herein.
The client further acknowledges that their acceptance of the quote or proposal demonstrates their voluntary and informed consent to be bound by all provisions detailed in the terms and conditions, including but not limited to sections related to services, pricing, liability, payment terms, and contract period.
Should the client have any objections or disagreements with the terms and conditions, they must communicate such concerns to HAZARD PRO before accepting the quote or proposal. Accepting the quote or proposal without notifying HAZARD PRO of any objections shall be deemed as acceptance of the terms and conditions in their entirety.
HAZARD PRO and the client mutually agree that the terms and conditions constitute the entire understanding between the parties concerning the provision of biohazard cleaning services and supersede any prior negotiations, discussions, or agreements.
HAZARD PRO reserves the right to update, modify, or amend the terms and conditions at its sole discretion. Any changes to the terms and conditions shall be communicated to the client in writing or through other appropriate means.
By accepting the quote or proposal, the client represents and warrants that they have the authority and capacity to enter into this agreement on behalf of themselves or the entity they represent.
This declaration of acceptance and binding agreement to the terms and conditions is effective upon the client's acceptance of the quote or proposal, and it shall remain in force for the duration of the biohazard cleaning services engagement between the client and HAZARD PRO.