1. These Terms and Conditions shall apply to the exclusion of all others including any Terms and Conditions of the Customer (whether on the Customer’s order form or otherwise). No goods or services shall be supplied by King Kleen on any Terms or Conditions other than those set out herein and by accepting the services and/or taking delivery of the Goods, the Customer shall be deemed to agree to these Terms and Conditions.

Definitions

“King Kleen”           The principal contractor of goods and services known as King Kleen Corporation.

“The Customer”      means the person/s, firm or company requesting the supply of goods or services.  This is the party to whom the goods and services are provided for and/or in whose name an account is maintained by King Kleen.

“Goods”                 means the consumable items or any products provided by King Kleen for the Customer for use at the customer site.

“Services”              means regular or one-off cleaning service provided by King Kleen at the premises requested by the Customer.

Prices

2. The Contract shall exist on an ongoing basis and may be terminated by either party giving 30 days’ notice in writing. For “Ongoing” customers prices are calculated on an annual basis and this amount is then divided into 12 equal monthly payments.  No deduction or discount will be applicable in the event of any unused service days – including Easter, Christmas and other statutory holidays or periods where a customer may close their premises.  The Contract does not include the provision of a service on Bank/Public holidays unless specified accordingly. All of our “per hour” pricing is calculated based on “Per hour per 1 King Kleen Team Member”

Invoicing

3. For commercial “Ongoing” customers an invoice will be provided to customer in advance (generally the 1^st day of the month) of the provision of services, and are DUE for payment within 14 days, on a standard 30-day Service Agreement. Every other week, monthly and less frequent “Ongoing” customers will receive an invoice on the service date and are DUE for payment within 15 days.

For “Ongoing” residential customers, an invoice will be provided at the time of service and is DUE within 7 days of completion of service.

For “One Off” commercial & residential projects, an invoice will be provided to customer in advance of the provision of services and a 50% deposit is required to book the project. The remaining amount is DUE upon completion of the project. **Any project $400 or under (before taxes) is required to pay the full invoice amount to book the project.**

4. At no time can the customer short pay or waive payment of any invoiced fee without written acceptance by King Kleen management.
5. King Kleen may in its absolute discretion impose an account keeping fee of no more than 15% of the value of each invoice.
6. The Customer agrees to pay and reimburse King Kleen on demand for all legal costs, stamp duty or other costs or expenses suffered or incurred by King Kleen in respect of the preparation of any agreements, personal guarantees, securities or other documentation required by King Kleen to document or secure the provision of credit to the customer together with all collection and enforcement costs and expenses which King Kleen may suffer or incur in connection with the sale of goods or supply of services or provisions of credit to the Customer including (without limitation) legal costs on a full Indemnity basis.
7. **All customers are subject to an annual service fee increase of up to 5%.**
8. Public or Bank Holidays, this service may be charged at double the regular rate.
9. King Kleen accepts MasterCard, Visa Card, EFT, cheque or cash payments. King Kleen may, at its discretion, charge a processing fee of no more than 3% of the value of the transaction.
10. LATE PAYMENT: A late payment fee of 3% per month plus HST may be added on all overdue invoices that have not been received by King Kleen’s head office by the invoice due date. If customer has not paid in full by 30 days following the invoice due date the service may be put “on hold” until account is paid in full.

Service Cancellation

11. King Kleen requires a 48 hour cancellation request or a customer be required to pay for a scheduled service. For customers with an agreement, one months’ written notice, or payment of one months’ service fees in lieu of notice is required should customer decide to discontinue using the services and/or receiving products.

Specification Changes

12. We reserve the right to alter our fees should the scope or complexity of the work change from that originally agreed; or from time to time as required. When a change in fee is necessary, your invoicing will be amended from the date the change occurs.

Goods or Service Claims

13. The Customer shall be deemed to have accepted goods or services as being in accordance with its order unless; it notifies King Kleen of its claim within 7 days of receipt of the goods; or the Customer has an agreement to provide adequate consumable stock for the site as needed. King Kleen will not accept any return of allegedly defective or faulty goods or offer any leniency on the CONTRACT PRICE payable, unless King Kleen has given prior written authorization.

Consumables stock

14. If the Customer agrees to allow King Kleen to manage and provide adequate consumable stock as needed, the customer must notify King Kleen of any faulty items within 7 days of receipt of the goods.

Events beyond the control of King Kleen

15. King Kleen will be exempted from performing its obligations under this Agreement for so long as it is unable to do so due to reasons beyond its reasonable control and shall not incur any expenses, nor suffer damages, for such withdrawal of services (i.e. Customer changes alarm or access codes, or customer changes locks and does not supply new codes and/or locks to King Kleen), under these circumstances, King Kleen shall still be paid for the service irrespective and shall not incur any expenses, nor suffer damages, for such withdrawal of services.

Accidents and Damages On-site

16. King Kleen Corporation is insured & All King Kleen subcontractors are deemed to be insured with Liability Insurance. King Kleen will not be responsible for any accidental damages incurred by King Kleen subcontractors at any time. Some projects such as carpet cleaning, striping and waxing floors and floor mopping can cause very slippery surfaces and slip hazards. We recommend that all individuals and pets should stay off the carpets and wet slippery surfaces until areas are completely dry. King Kleen and our subcontractors are not responsible for any accidents associated with a wet carpet or floor surface. Any accident or damage to a customer site must be reported by the Customer to King Kleen within 24 hours and documented by the customer and in the Communications journal (janitorial sites) on site.

Changes in Ownership

17. If the Customer, as an individual or partnership, incorporates his/her business and the Company continues to use the existing account, or the account is used by a Company of which he/she is a director, he/she hereby agrees to personally guarantee all due debts. If ownership of the Customer’s business changes, the Customer will remain liable for all debts incurred on this account until such time as King Kleen is notified in writing of such change.

Change of Worker

18. King Kleen agrees to provide the services contained in the specification and at its discretion may change the allocated cleaner/detailer servicing the above premises at any time.

Restrictive Covenant

19. The Customer, its successors, assigns, related entities, principals, partners and employees agree that should the cleaning contract be terminated for any reason, that for a period of one (1) year from the date of termination, the Customer will not directly or indirectly solicit or engage any King Kleen employee or Subcontractor to work directly for the Customer in any capacity unless a selection fee equal to 30% of the King Kleen employee or Subcontractor’s last 12 month’s invoices is paid by the Customer or recruiting organization to King Kleen.
20. For the purposes of this covenant not to compete, competition is defined as soliciting or accepting employment by, or rendering services to, any person or organization that is or was a customer of King Kleen.

Jurisdiction

      21. This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.

Headings

22. Headings to sections and paragraphs of this document are for ease of reference only.

Miscellaneous

23. King Kleen Agrees to:

• Provide the service in accordance with the supplied specification.
• Comply with current legislation.
• Ensure the security and confidentiality of the customer premises.
• Conduct itself in courteous manner at all times.
• Conduct “Kleen Check Audits” and or site visits to verify quality assurance standards (commercial janitorial locations).

24. The Customer Agrees to:

• Provide access keys and alarm codes to King Kleen for cleaning outside normal business hours.
• Advise King Kleen of any restrictions on access to premises or any part thereof, provided that King Kleen will not be liable for any loss or damage whatsoever if it has not confirmed in writing that it has received such advice.
• Settle all accounts by the monthly due date.
• Record any accidents or damages in the King Kleen Communications booklet on-site (if applicable).
• Keep King Kleen advised of any contact changes included in the Customer Information form.