A Brief Introduction About the Cleaning Contract
A housecleaning contract is required when you want to engage a company or an individual who offers cleaning services. You could be a homeowner, realtor, an office manager, or a building management company.
The contract outlines in detail the details of the services which are to be provided by the cleaner. This would include the responsibilities of the cleaner during each visit, the time spent and the frequency per week or month at which the cleaner is expected to offer these services. You could hire a cleaner for a specific purpose like a spring cleaning which could be done at an interval of a certain number of months. If the professional cleaning company charges you on an hourly basis, make sure that a complete list of tasks to be completed is provided, so that you derive the full benefit from them.
There are certain tasks which have a deadline, for example when you want to sell your house. When you have a written agreement, the cleaning agency will have to maintain that deadline.
Who Takes the Cleaning Contract – People Involved
If you are a house owner or business owner who needs the services of a professional cleaning agency for proper maintenance of your property, then you should enter into this contract. A professional cleaning agency or an individual who provides the required services will also need to enter into such contracts.
Purpose of the Cleaning Contract – Why Do You Need It?
When you have an agreement with the housekeeper, you can specify what needs to be done during each visit. All the details of the task to be performed are mentioned. You could mention, for example, that you need to vacuum your furniture every week because you have a pet at home. Now, if you don’t have a pet, you could get the vacuuming done monthly.
The contract could specify the cleaning products to be used, the method of cleaning for the various items at your home or office. A cleaning schedule can also be set using a contract, whether it is every week or a monthly basis. If you require cleaning services for a particular event, like spring cleaning or similar tasks, then a contract is useful. The contract will depend on whether the cleaning agency is charging you on an hourly basis, or there is a task that needs to be completed within a given deadline. When you are being charged on an hourly basis, you need to ensure precisely what tasks you want to be completed during that time frame.
There are certain cleaning services which are to be provided after normal working hours, like janitorial services for an office. If you have a contract, then your client will be assured of the legitimacy of your business, and you can take legal action against the client in the event of any dispute.
Contents of the Cleaning Contract – Inclusions
A contract for the cleaning service should be comprehensive and mention in detail the services to be provided by the cleaner and the consideration to be paid to them. A commercial cleaning contract in pdf should be used so that it cannot be modified once it has been finalized.
Here is the information to be included in such contracts:
- Parties to the contract: The names of the client and the cleaner need to be mentioned
- The effective date of the agreement: The date from which the agreement is valid
- Tenure of the contract: The starting and the ending dates of the contract
- Nature of services being provided: The details of the services being provided by the cleaner, the duration of each visit, the tasks to be completed at each visit, the quality expected from the cleaner
- Frequency of task: Whether it is a one-time engagement or will the services have to be provided at a specific frequency, either weekly or monthly
- Cleaning equipment: The agreement should clearly state if the responsibility of providing the cleaning equipment like products or cloth and so on
- Time and location: The cleaner needs to be present for providing the services within the specified time and place mentioned in the contract.
- Payment information: The contract needs to specify whether the cleaner is going to be paid on an hourly basis or be compensated with a flat fee. If any deposit is to be kept with the cleaning agency, the same needs to be stated here. The due date for payment must be included in the contract
- Governing laws: The contract should be prepared by the laws of the state relating to such contracts
How to Draft the Cleaning Contract – Points to Consider
You can use a sample cleaning contract as a reference while preparing a draft for the agreement. Modifications to the sample may be made to customize the contract according to your requirements.
While drafting this contract, the following points should be kept in mind:
- You need the names of the parties to the contract and the relationship between them.
- The communication details of the parties which would include their address/registered office address/mobile numbers/email id.
- The service being provided by the cleaner in complete detail. The client should provide information regarding the services required, and the cleaner should be aware of the services to be provided.
- It should be determined whether this contract relates to a single event or is it meant for services to be provided over a certain period. The frequency of the services should also be noted.
- The terms or clauses of the agreement should not violate any laws of the state where the agreement is being drafted.
- You need to ask the client how the cleaner is going to be compensated for their services. Will it be a flat fee, or will it be on an hourly basis? Does the cleaner need a security deposit from the client? On what date is the payment due, whether it is a monthly or weekly frequency?
If you are a cleaning service provider, then you need to go through the services required by the client before quoting the fee for the cleaning contract. Find out what you need to provide and then negotiate the fee. As a homeowner, compare the rates charged by different cleaners and negotiate the rate according to the services you need.
Benefits & Drawbacks of the Cleaning Contract
Here are the benefits of a cleaning contract:
- Protection of interest: The interest of both parties to the contract, the cleaner, and the homeowner, are protected through the contract. The homeowner will get the services required from the cleaner, and the cleaner will get the quoted fee on time.
- Flexibility: The contract can be customized for a single event like a spring cleaning of the house or office. It could for a regular cleaning service required like vacuuming the furniture or carpet of your house.
- Legal recourse: If there is a breach of any clause in the contract by either party, they can take the offending party to court.
Here are the drawbacks of a cleaning contract:
- Indemnity clause: There is an indemnity clause in the contract whereby neither party can hold the other accountable for any or all damages without limitation
- Termination of contract: If the cleaner is not satisfied with the scope of services to be provided, then the contract can be terminated after providing the required notice. This will inconvenience the home or office owner. They will have to look for another cleaner or professional agency. The homeowner might also decide to terminate the services of the cleaner if the quality parameters are not met. The cleaner will suffer a loss of income and will have to look for another contract
What Happens in Case of Violation?
When there is a violation of a contract, there are certain remedies available to you as a homeowner or a cleaner.
Here are the remedies:
- Compensatory damages: The other party will have to provide reimbursement of costs and compensation for losses
- Consequential and incidental damages: When all the parties to the agreement were aware of the possible losses that could occur
- Liquidated damages: These are damages mentioned in the contract
- Punitive damages: These are awarded when a party engages in offensive behavior
- Attorney’s fees: The contract must mention that these fees are to be paid by the offending party in case of breach of any clause
- Specific performance: The offending party has to honor the initial agreement through a court order
- Rescission: If both parties agree, then the contract is canceled, and neither party pays any compensation to the other
- Reformation: The contract is redrafted to suit the purpose of the parties better
The remedies in case of violation of the contract(1) need to be mentioned in the contract. You can use a cleaning contract template to find out the remedies that should be incorporated into the contract. You can discuss the issue with the cleaner and then send a notice before taking legal action.
Whether you are a home or business owner or cleaning service provider, a cleaning contract is important to ensure that your interests are protected.
The services to be provided by the cleaning agency is mentioned in detail in the contract, so that there is complete clarity as to what is expected. The cleaning agency needs to ensure that the task is completed to the satisfaction of the client to realize full payment.