Article 1 : Definitions
The ” Company ” designated here is : “Rcleanup”.
“The Customer ” means the other party to this contract.
The ” Intervention ” refers to the service defined in the particular conditions on the front of the present contract.
These conditions are an integral part of our offers and agreements.
By the very fact of his order, our co-contractor expressly recognizes the contractual character of these conditions and their application within the framework of our contractual relations. He undertakes not to avail himself of other conditions that may appear on his order forms, letters, etc… unless expressly accepted in writing by the company, these conditions are therefore deemed null and void vis-à-vis the company.
“The service is described in the estimate or contract proposal. The commitments of Entretien Nettoyage Propreté include the use by Entretien Nettoyage Propreté, at its discretion, of all the material and personnel resources required to perform the services in accordance with the descriptions, characteristics and specifications of the contract, including consumables, to the satisfaction of its customers. The services will be carried out in accordance with the standards and practices of the profession, according to the quality criteria and the tolerances of use, taking into account the operating conditions of the site, its specificities and its environment. Any additional service will be subject to an amendment, an estimate or a separate proposal. Entretien Nettoyage Propreté retains ownership of the goods sold until they are paid for in full (retention of title).
Any derogation is of strict interpretation.
Article 2 : Contractual documents
The present general conditions govern the relations between the parties in addition to or in the absence of the particular conditions appearing on the front of the present. They prevail over any agreement prior to the present and in particular any general conditions of the Customer, which the Customer explicitly acknowledges by signing the front of the present. Any modification made to these general terms and conditions after their entry into force can only be made by written agreement signed by both parties, so that the sending by one party to the other of a document bearing unilateral derogation to these general terms and conditions cannot be applied in any case, even if it has not been contested.
Article 3 : Sale
Article 3.1 : The intervention
The company carries out interventions in accordance with and within the limits provided for in the special conditions on the reverse side. Any modification of the program of intervention and the conditions of execution because of the Customer will be the responsibility of the latter. The selling price takes into account the economic conditions in force at the date of signature of the present contract. In the event that the intervention period should be exceeded for a reason not attributable to the Company, the price will be revised according to the rates in force. In the event that the service cannot be performed for a reason beyond the Company’s control, the hour of service provided will be due, except in cases of force majeure suspending all contractual obligations.
Article 3.2 : Attendance Book, Acceptance Form or Intervention Form
The attendance book, the acceptance form or the intervention form is the act by which the Customer declares to accept the intervention. This acceptance is materialized by a notice of acceptance signed by both parties. In the absence of a notice of acceptance, this acceptance will be tacit as soon as the Customer enters into use of his property or of his repaired good in the case of a technical intervention.
Article 3.3 : Duration and related costs
Any intervention has a minimum duration of two hours. Travel expenses are included in the price unless special conditions are established by the Company.
Article 3.4 : Supply of materials and products
For the services, the equipment as well as the maintenance products essential to the execution of the ordered services are supplied by the Company. These supplies shall comply with the legislation in force.
The use of the Company’s equipment and products will entitle the client to additional invoicing in accordance with the agreements set out in the contract.
Article 3.5 : Technical specificity
The cleaning ladies of the Company are competent in the cleaning of windows but cannot do it beyond 3 meters high or in a perilous situation.
The perilous or acrobatic work will be the subject of a specific amendment to the contract according to the requested intervention.
Article 4 : Evolution of the contract
In the event that the estimated consumption of monthly contractual hours would not be adequate in relation to the final will of the Customer, in the absence of the latter, the technician will take the initiative to finish his work. The Customer will then be liable for the sums due in view of the result expected by him.
Article 5 : Access to the premises
The Client agrees to allow free access to its property to the Company’s personnel to perform the service for which the technician has been ordered. Its employees shall carry an identity card or a work order issued by the Company. The Client agrees to sign the attachment sheets presented by the Company’s technicians during each intervention. The Company may, under its responsibility and if it deems it necessary, entrust specialized companies with the execution of various services.
Article 6 : Invoicing
For any service, a receipt will be issued by the Company’s employee, in accordance with Article 3.2. An invoice will be issued and sent by the Company’s administrative center according to the sales conditions agreed upon on the front of this document. Any opening of a file shall entail a fee that the client agrees to pay.
Article 7 : Payment
The ” one-off interventions ” are due at the end of the service, by bank or postal check, by bank transfer or in cash up to 1 500 €.
The “contracts” ordering a number of hours of service, are payable in advance upon receipt of invoice by bank transfer, electronic money, Paypal or cash up to 1 500 €. Any month started is due.
In the event of non-payment of the sums due under the current contract or any delay in payment, even partial, the Company may immediately terminate this agreement without any compensation. This will automatically entail the application of late payment penalties at the Bank of France discount rate plus three points, without prejudice to the application of the provisions referred to in Article 8 on termination.
Article 8 : Termination
The Client may, within the month in progress, terminate the contract by expressly denouncing it by registered mail with a notice period of 3 months.
In the event that the Company’s services do not meet the Client’s expectations, the Client undertakes to pay the invoice upon receipt and to send the Company a written complaint so that the Company can conduct a satisfaction survey.
If the abrupt termination of the contract by the Client causes the Company to suffer direct damage in excess of the contractual amount, the cost may be passed on to the Client in full. If necessary, it is specified that the application of the present clause will be equivalent to termination of the present agreement to the exclusive detriment of the Client.
Article 9 : Competition
The Client shall refrain, unless specifically authorized by the Company, from directly or indirectly employing any employee proposed by the Company to perform home services. This prohibition is limited to one year from the payment of the last invoice issued by the Company to the Client. Any deviation from this principle of the sole will of the Client shall be liable to an action for unfair competition on the basis of Articles 1382 and 1383 of the Civil Code and shall be brought before the District Court of the place where the Company is domiciled. However, if the Client wishes to be released from this obligation, it may, by giving one month’s notice, and with the Company’s agreement, undertake to pay compensation for the damage in the amount of five thousand Euros (€5000) to the Company and thus have the possibility of directly employing the service
Article 10: Review and updatetion
Unless otherwise agreed, a maintenance subscription shall run for a period of one year from the date of receipt by the client or his representative of the first execution of the work and shall be renewed from year to year by tacit agreement, unless renounced by one of the parties, notified by registered letter at least three months prior to the expiration of the current term.
In the event of unilateral termination by the other party without complying with the above provisions, the latter shall be liable to pay compensation for delay fixed by agreement at three months of royalties.
Article 11 : Revision and updating
The selling price is revisable once a year. In case of revisions, this will be mentioned on our general conditions of sale.
Article 12: Disputes
For all disputes relating to the interpretation or execution of the present contract, jurisdiction is expressly granted to the competent court of the jurisdiction of the Company’s head office, in the absence of an amicable agreement.