1. PartiesThis Subcontractor Agreement is made between Prograce Cleaners Ltd ("the Company") and the undersigned Subcontractor ("the Subcontractor").
2. Scope of WorkThe Subcontractor agrees to perform Cleaning/Trades and associated services as assigned by the Company, in accordance with the quality standards, conduct, and professional requirements outlined by Prograce Cleaners.
3. Non-Disclosure of Contract Terms and AffiliationThe Subcontractor acknowledges that in the course of their work, they may be exposed to sensitive contractual information including but not limited to: client pricing, contract arrangements, and operational procedures. The Subcontractor agrees not to disclose or discuss any of these terms with clients, other subcontractors, or third parties.
Additionally, the Subcontractor shall not disclose to clients that they are operating as a subcontractor or from a different company. All subcontractors are required to represent themselves as part of the Prograce Cleaners team when engaging with clients or on-site.
4. Confidentiality and RemediesThe Subcontractor agrees that a breach of Clause 3 (above) would constitute a serious breach of this Agreement. In such cases, the Company reserves the right to seek immediate termination of the contract, legal action, injunctive relief, and/or financial damages as appropriate.
5. Availability, Booking Acceptance and Attendance Requirements
5.1 Service-Specific Availability Requirements
The Subcontractor acknowledges that different services and departments operated by the Company may have different availability, attendance and working-time requirements.
Before accepting work within a particular service or department, the Company will communicate the applicable availability requirements to the Subcontractor. By agreeing to undertake work within that service or department, the Subcontractor agrees to comply with those requirements.
Where a particular availability requirement was communicated to and accepted by the Subcontractor as a condition of their engagement, that requirement shall form part of this Agreement.
For example, Subcontractors engaged to provide Airbnb, short-term accommodation or guest-changeover services are required to maintain availability seven (7) days per week between 10:00am and 12:00pm, unless otherwise agreed in writing by the Company.
Other departments or services may operate under different availability requirements, which will be communicated separately.
5.2 Allocation and Acceptance of Bookings
Individual jobs, appointments, assignments or bookings may be allocated or offered to the Subcontractor by telephone, WhatsApp, text message, email, booking system or another communication method used by the Company.
Once the Subcontractor accepts or confirms a booking or assignment, it shall constitute a binding commitment to attend and perform the agreed services at the specified location, date and time or within the specified service window.
A booking or assignment shall be binding whether or not the Subcontractor has received a deposit, advance payment or any other payment.
5.3 Attendance at Confirmed Bookings
Once a booking or assignment has been accepted, the Subcontractor must attend and complete the work in accordance with the agreed requirements.
The Subcontractor must not cancel, fail to attend, withdraw from the booking or become unavailable merely because alternative work or another commitment has subsequently arisen.
Where illness, emergency or circumstances genuinely outside the Subcontractor's reasonable control prevent attendance, the Subcontractor must notify the Company immediately and provide as much notice as reasonably possible.
5.4 Planned Unavailability
Where the Subcontractor is subject to an agreed availability requirement and knows that they will be unavailable on a particular date or during a particular period, they must notify the Company as early as reasonably possible and before accepting any booking that they will be unable to fulfil.
Repeated or persistent failure to maintain an availability requirement that was expressly agreed as a condition of the Subcontractor's engagement may result in the Company reviewing or terminating the subcontracting arrangement.
5.5 Time-Sensitive and Client-Critical Services
The Subcontractor acknowledges that certain Company services are time-sensitive or client-critical. These may include, but are not limited to, guest changeovers, end-of-tenancy cleaning, commercial cleaning, emergency maintenance, property access appointments and other services where a client, guest, tenant or third party is relying upon attendance at a particular time.
The Subcontractor must therefore treat confirmed bookings as firm contractual commitments.
5.6 Failure to Attend or Complete an Accepted Booking
Where, without reasonable justification, the Subcontractor fails to attend or complete an accepted booking or assignment, the Company reserves the right, subject to applicable law, to recover reasonable and properly evidenced losses directly resulting from that failure.
Such losses may include:
any deposit, fee, refund or compensation that the Company is reasonably required to return or pay to the client;
reasonable additional costs of arranging emergency or replacement cover;
additional travel or operational expenses directly incurred by the Company;
loss of payment for the affected booking where directly attributable to the Subcontractor's failure; and
other direct and reasonably foreseeable financial losses arising from the breach.
Any amount sought by the Company shall reflect actual and reasonably incurred losses and shall not operate as an arbitrary penalty.
5.7 Deposits and Advance Payments
Where a Subcontractor receives a deposit or advance payment in connection with a particular booking, acceptance of that payment shall constitute additional evidence that the booking has been accepted.
However, receipt of a deposit or advance payment is not required for a booking or assignment to become binding under this Agreement.
5.8 Repeated Cancellations or Non-Attendance
Repeated short-notice cancellations, failure to attend confirmed bookings, failure to complete accepted assignments, or persistent failure to comply with an agreed service-specific availability requirement may constitute a material breach of this Agreement and may result in suspension of work allocations or termination of the Subcontractor's engagement.
6. Governing Law and AmendmentsThis Agreement shall be governed and construed in accordance with the laws of England and Wales. No changes or amendments shall be valid unless made in writing and signed by both parties.