General terms and conditions of sale and delivery for commercial cleaning

    1. The basis of the agreement
      • The General Terms and Conditions of Sale and Delivery apply to ServiceHuset's cleaning services, etc. to the extent that they have not been deviated from by written agreement between us.
    1. Service House Deliveries
    • Scope and quality of delivery
      • ServiceHuset normally provides cleaning services every day by appointment.
      • ServiceHuset must deliver the cleaning services conscientiously and professionally competently in accordance with good professional standards and practices and, as a general rule, at the agreed times.
    • Use of subcontractors
      • ServiceHuset has the right to use subcontractors to perform the cleaning services. Any financial claim from the subcontractor is irrelevant to the Customer and is the sole responsibility of ServiceHuset. It is a condition of the use of subcontractors that (i) ServiceHuset has – and maintains – full control over the working methods and procedures used by the subcontractor, and that (ii) ServiceHuset bears full responsibility for all damages caused by the subcontractor.
    • Complaints and praise
      • If you have any comments about the quality of the cleaning service, you must send an e-mail to ServiceHuset's contact person within 24 hours of the cleaning visit with a description of your observations, including praise or criticism. We will then investigate the matter and, if relevant, come up with suggestions for handling any criticisms so that the quality of the cleaning service is maintained or restored.
    1. Customer involvement
    • ServiceHuset requires that you clean up before a cleaning visit so that the cleaning can be carried out thoroughly and efficiently.
      •  

    3.1.1 The Service House reserves the right to take photos of the customer's interior for use as documentation against any claims in connection with the performance of the agreed cleaning task.

    3.1.2 The Service House treats the image documentation confidentially.

    3.1.3 The Service House deletes the photo documentation as soon as the Service House assesses that it is no longer necessary to store the photographs.

    • If you have any requests for the use of special products or props, you must inform the ServiceHuset contact person and, unless otherwise agreed, provide such products and props yourself for the assistant to use.
    • As a customer, you are obliged to notify ServiceHuset if there are any changes to your telephone numbers or email addresses, as ongoing communication and invoicing takes place via email.
    1. CHANGE MANAGEMENT
    • Changing the time of cleaning visit
      • You can cancel a cleaning visit by sending an email to ServiceHuset's contact person no later than 3 days before the day the cleaning visit is scheduled to take place. If cancelled less than 3 days before the day of the scheduled cleaning visit, ServiceHuset may charge a cancellation fee of 50% of the price of the task, which will be included on the next invoice.
      • You can put the cleaning on hold for a period of time, for example during a holiday period. In this case, you must notify ServiceHuset's contact person no later than 1 month before the date from which you wish to put the cleaning on hold.
      • ServiceHuset can move an agreed cleaning visit within the same week, but you will of course be notified of the move as soon as possible and no later than the day before the agreed cleaning visit. Cancellations from our side are extremely rare, but can of course occur, especially in the event of simultaneous illness of several assistants or during holiday periods.
      • If an upcoming cleaning visit falls on a public holiday, the cleaning visit will automatically be moved to another day in the same week (changes will ONLY take place if your normal cleaning falls on a public holiday).
    • Changing the cleaning performance
      • You can make requests for changes to the cleaning service by contacting ServiceHuset's contact person. Based on your change requests, ServiceHuset will prepare a new offer for the changed cleaning service, indicating any changes to price, cleaning frequency and cleaning days.
    1. assistants
    • ServiceHuset's assistants
      • The assistants that ServiceHuset allocates to perform the cleaning services must possess relevant personal and professional qualifications and have experience in performing cleaning to the agreed quality.
      • ServiceHuset guarantees that assistants who occupy a particularly trusted position, including assistants who perform cleaning services, have a clean criminal record at the time the confidential position or cleaning task is taken on and various certificates are continuously sought. ServiceHuset is obliged to obtain a child certificate for assistants when this is required by law.
      • ServiceHuset is entitled to replace any assistant without prior notice, except for the assistants who perform the actual cleaning service for you. We can only replace assistants who perform the actual cleaning service if there are significant and objective reasons for this, and then only with prior written notice to you of at least 14 days, if possible. You will have a permanent team that comes every time. In the event of holidays and illness, we may send one of our other permanent teams without further notice.
      • You may demand that a named assistant at ServiceHuset be replaced and replaced with a new assistant if this is reasonably and objectively justified in circumstances relating to the assistants' behavior or efforts at the Workplace, and which does not constitute discrimination based on gender, skin color, nationality, religion or the like. Your demand for replacement must be justified in writing. The replacement of the assistant must be done as soon as is practically possible, taking into account ServiceHuset's possibilities to ensure the continued provision of the cleaning service.
    1. Workplace conditions
    • Access to the Workplace
      • You must ensure unhindered access to the premises (the “Workplace”) for ServiceHuset’s contact person and those of ServiceHuset’s assistants and subcontractors allocated to provide the cleaning service. Access to the Workplace must be granted to an extent and at times that enable ServiceHuset to perform the cleaning service as agreed under normal conditions.
      • You must hand over the required number of keys/access cards to the ServiceHuset contact person, who will provide them with an anonymous label, against receipt. ServiceHuset will replace lost keys/access cards and any changes to locks, but the cost of any changes to the locking system will not be reimbursed. If alarms are installed that need to be deactivated, the ServiceHuset contact person must be informed of the code and password well in advance of the first cleaning visit. Changes to the code or password must also be notified to ServiceHuset.
    • Workplace Rules
      • You must continuously inform ServiceHuset's contact person in writing about any risk factors, including risks that are specific to the specific workplace.
      • ServiceHuset will inform its assistants and subcontractors of all relevant rules and regulations regarding the Workplace and ensure that these are observed by the assistants and subcontractors. ServiceHuset's assistants and subcontractors must also comply with your reasonable directions and instructions regarding access, stay, safety and behavior at the Workplace.
      • You must provide ServiceHuset's assistants and subcontractors with unhindered access to installations at the Workplace for the supply of electricity, water, drainage, waste disposal and other similar resources necessary for the cleaning service, except for cleaning products and equipment.
    1. Remuneration and Payment Terms
    • Cleaning fee
      • As consideration for the performance of the cleaning service, you pay a fixed fee per cleaning visit (per visit fee). The per visit fee is stated in ServiceHuset's written offer that you received prior to the conclusion of our agreement, or in the renewed offer that you may have received in accordance with clause 4.2.1 in connection with any change to the cleaning service.
      • The cleaning fee is calculated periodically from the 16th of a month to the 15th of the following month and is invoiced monthly in arrears on the 20th of the calculation month, the first time on the 20th day of the month in which the Effective Date occurs.
    • Remuneration for additional Services
      • Services provided by ServiceHuset as a supplement to the cleaning service, including in accordance with separate orders, are provided and invoiced in accordance with the agreed price. If no price has been agreed, such supplementary services, etc. are provided on the basis of time spent at ServiceHuset's currently applicable hourly rates and other list prices.
      • Unless otherwise agreed, supplementary services are invoiced on an ongoing basis as delivery takes place.
    • Change in cleaning fee
      • The cleaning fee, hourly rates and other fees may be changed with one (1) month's prior notice.
      • The cleaning fee and hourly rates are adjusted each year based on the development in Statistics Denmark's (i) net price index (weighted by 30 %) and (ii) wage price index for the private sector "ILON2/Branche 10 S Other services etc." (weighted by 70 %). However, the adjustment always amounts to a minimum of 2% per annum. Adjustment takes place each year on 1 March, the first time on 1 March in the calendar year following the calendar year in which the Effective Date has occurred. Adjustment is based on the development in the price indices in the four most recent calendar quarters prior to the calendar quarter in which the adjustment is to take effect. If Statistics Denmark ceases to publish the net price index, the remuneration shall instead be adjusted according to the index or price figure published by Statistics Denmark (subsidiaryly by other institutions) that, based on the calculation method, is most similar to the net price index.
    • Taxes etc.
      • All prices are stated in Danish kroner. All taxes applicable at the time of signing the Agreement. VAT, are not included in the stated prices.
    • Payment terms
      • ServiceHuset's invoices are due for payment upon receipt with the last due payment date being the 1st of the month following the billing month. In the event of late payment, a reminder letter will be sent with a reminder fee of DKK 75.00 per reminder. If an outstanding invoice has not been paid after three (3) reminder letters have been sent, the case will be referred to judicial collection without further notice. At the same time, default interest will be calculated from the due date until payment is made at an interest rate corresponding to the reference rate applicable at any time, cf. the Danish Interest and Other Matters in Case of Late Payment (Interest Act), with a surcharge of seven (7) percent per annum.
    1. insurances
    • ServiceHuset has taken out statutory workers' compensation insurance.
    • You must take out and maintain during the term of the Agreement customary insurance and also building fire insurance, which must at least cover damage and loss resulting from fire, explosion, water and theft, including damage to or loss of furnishings and other objects located at the Workplace.
    • At ServiceHuset's request, you are obliged to document the current scope of coverage and that the insurance is in force.
    1. confidentiality
    • ServiceHuset, its assistants and subcontractors are obliged, without time limitation, to observe absolute confidentiality in relation to what they may learn about you and your circumstances in connection with the conclusion of the Agreement and the performance of the cleaning service and other work.
    • ServiceHuset is liable for the breach of the confidentiality obligation mentioned in this section 1 by its own and subcontractors' assistants.
    • ServiceHuset is, however, entitled to use you as a customer reference for marketing purposes, provided that this is done in a fair, objective and relevant manner.
    1. Termination of the agreement
    • The Agreement may be terminated by either Party upon thirty (30) days' prior written notice to the other Party.
    1. liability and limitations of liability
    • Responsibility
      • Subject to the reservations set out in clause 2, the Parties are liable to each other for damages in accordance with the general rules of Danish law.
    • LIMITATIONS OF LIABILITY
      • Claims from the customer, including claims for price reductions and compensation, must - if they are not to be forfeited - be submitted in writing to ServiceHuset without undue delay after the customer has become aware of the existence of the claim, but in any case no later than eight (8) days after the event(s) relevant to the occurrence of the damage have occurred.
      • Neither party is liable for the other party's indirect or consequential losses.
      • ServiceHuset's maximum liability under the agreement, accumulated for all damage events that have occurred as well as for a single damage event, may in no case exceed DKK 25,000 with a deductible on the part of the customer of DKK 2,500 per damage. In this context, "compensation" is considered to include both damages, a proportional discount or reduction in the price, any indemnity amount and any refund claim that is honored by ServiceHuset.
      • Any violation of the agreed limitations of liability and indemnification provisions follows the general rules of Danish law.
    • Product liability
      • ServiceHuset is subject to usual product liability in accordance with the rules of EU Directive 85/374/EEC, as the directive may be implemented in Denmark at any time, to the extent that this legal liability cannot be limited by agreement, as ServiceHuset disclaims product liability to the widest extent possible, including on any other non-legal basis.
    1. force majeure
    • Neither Party shall be liable to the other Party for failure to perform its obligations under the Agreement if the failure to perform is due to circumstances or circumstances beyond the control of the Party concerned (including fire, war, trade and currency restrictions, natural disasters, interruptions or breakdowns in energy supply, general shortage of goods, shortage of means of transport, strike or lockout) and which the Party could not reasonably have foreseen, avoided or overcome. Circumstances at the subcontractor's premises shall only be considered force majeure if the subcontractor is subject to an obstacle covered by the first sentence and which the Party should not have foreseen, avoided or overcome. ("force majeure").
    1. Transfer of the agreement
    • ServiceHuset is entitled to transfer its rights and obligations under the Agreement to an associated company or a company in the same group as ServiceHuset. ServiceHuset is entitled to transfer its claim against the Customer for consideration to a financial institution, bank or factoring company.
    • You may not assign your rights or obligations under the Agreement without the prior consent of ServiceHuset.
    1. changes to the agreement
    • Changing the cleaning service follows the rules on change management in section 4.
    • Other changes, including changes to individual provisions of the Agreement, must be agreed upon and documented in an addendum to the Agreement signed by one of the Parties in order to be valid.
    1. Disputes
    • Applicable law and venue
      • The Agreement is subject to Danish law and the Danish courts shall decide any dispute arising from the Agreement, cf. however below regarding mediation.
    • Mediation
      • Any dispute that cannot be resolved amicably must be resolved by mediation via the Danish Mediation Institute, cf. mediationinstitute.com. When a dispute or disagreement has arisen in the opinion of one or both Parties, each Party is entitled to submit a request to the Mediation Institute to commence mediation. The mediation shall take place in accordance with the rules for the handling of cases at the Mediation Institute in force at any time.
      • If the mediation does not lead to a resolution of the Parties' dispute within a period of 45 working days, the dispute may be resolved in court, cf. above.

    7. REMUNERATION AND PAYMENT TERMS
    7.1 Cleaning fee
    7.1.1 As consideration for the performance of the cleaning service, you pay a fixed fee per cleaning visit (per visit fee). The per visit fee is stated in ServiceHuset's written offer that you received prior to the conclusion of our agreement, or in the renewed offer that you may have received in accordance with clause 4.2.1 in connection with any change to the cleaning service.
    7.1.2 The cleaning fee is calculated periodically from the 16th of a month to the 15th of the following month and is invoiced monthly in arrears on the 20th of the calculation month, the first time on the first 20th day of the month in which the Effective Date occurs.
    7.2 Remuneration for additional Services
    7.2.1 Services provided by ServiceHuset as a supplement to the cleaning service, including in accordance with separate orders, are provided and invoiced in accordance with the agreed price. If no price has been agreed, such supplementary services etc. are provided on the basis of time spent at ServiceHuset's currently applicable hourly rates and other list prices.
    7.2.2 Unless otherwise agreed, supplementary services are invoiced on an ongoing basis as delivery takes place.
    7.3 Change in cleaning fee
    7.3.1 The cleaning fee, hourly rates and other fees may be changed with one (1) month's prior notice.
    7.3.2 The cleaning fee and hourly rates are adjusted each year based on the development in Statistics Denmark's (i) net price index (weighted by 30 %) and (ii) wage price index for the private sector "ILON2/Sector 10 S Other services etc." (weighted by 70 %). However, the adjustment always amounts to a minimum of 2% per annum. Adjustment takes place each year on 1 March, the first time on 1 March in the calendar year following the calendar year in which the effective date has occurred. Adjustment is based on the development in the price indices in the four most recent calendar quarters prior to the calendar quarter in which the adjustment is to take effect. If Statistics Denmark ceases to publish the net price index, the fees shall instead be adjusted according to the index or price figure published by Statistics Denmark (subsidiaryly by other institutions) that, based on the calculation method, is most similar to the net price index.
    7.4 Taxes etc.
    7.4.1 All prices are stated in Danish kroner. All taxes applicable at the time of signing the Agreement, including VAT, are not included in the stated prices.
    7.5 Payment terms
    7.5.1 ServiceHuset's invoices are due for payment upon receipt with the last due payment date being the 1st of the month following the invoicing month. In the event of late payment, a reminder letter will be sent with a reminder fee of DKK 75.00 per reminder. If an outstanding invoice has not been paid after three (3) reminder letters have been sent, the case will be referred to judicial collection without further notice. At the same time, default interest will be calculated from the due date until payment is made at an interest rate corresponding to the reference rate applicable at any time, cf. the Danish Interest and Other Matters in Case of Late Payment (the Danish Interest Act), with a surcharge of seven (7) percent per annum.

    8. INSURANCES
    8.1 ServiceHuset has taken out statutory workers' compensation insurance.
    8.2 You must take out and maintain during the term of the Agreement standard contents insurance and, where the Workplace is a villa, also building fire insurance, which must at least cover damage and loss as a result of fire, explosion, water and theft, including damage to or loss of contents and other objects located at the Workplace.
    8.3 At ServiceHuset's request, you are obliged to document the current scope of coverage and that the insurance is in force.

    9. CONFIDENTIALITY
    9.1 ServiceHuset, its assistants and subcontractors are obliged, without time limitation, to observe absolute confidentiality in relation to what they may learn about you and your circumstances in connection with the conclusion of the Agreement and the performance of the cleaning service and other work.
    9.2 ServiceHuset is liable for its own and subcontractors' assistants' breach of the duty of confidentiality mentioned in this section 9.1.
    9.3 ServiceHuset is, however, entitled to use you as a customer reference for marketing purposes, provided that this is done in a fair, objective and relevant manner.

    10. TERMINATION OF THE AGREEMENT
    10.1 The Agreement may be terminated by either Party with thirty (30) days' prior written notice to the other Party.

    11. LIABILITY AND LIMITATIONS OF LIABILITY
    11.1 Responsibility
    11.1.1 Subject to the reservations set out in clause 11.2, the Parties are liable to each other for damages in accordance with the general rules of Danish law.
    11.2 LIMITATIONS OF LIABILITY
    11.2.1 CLAIMS FROM THE CUSTOMER, INCLUDING CLAIMS FOR PRICE REDUCTION AND COMPENSATION, MUST – IF NOT TO BE FORGOTTEN – BE SUBMITTED IN WRITING TO THE SERVICE HOUSE WITHOUT UNREASONABLE DELAY AFTER THE CUSTOMER HAS BECOME AWARE OF THE EXISTENCE OF THE CLAIM, BUT IN ALL CIRCUMSTANCES NO LATER THAN EIGHT (8) DAYS AFTER THE EVENTS OR EVENTS RELEVANT TO THE OCCURRING OF THE DAMAGE HAVE OCCURRED.
    11.2.2 NEITHER PARTY IS LIABLE FOR THE OTHER PARTY'S INDIRECT LOSSES AND CONSEQUENTIAL DAMAGES.
    11.2.3 THE SERVICE HOUSE'S MAXIMUM LIABILITY FOR COMPENSATION UNDER THE AGREEMENT, ACCUMULATED FOR ALL DAMAGES THAT OCCURRED AS WELL AS FOR A SINGLE DAMAGE, CAN IN NO EVENT EXCEED DKK 25,000. "COMPENSATION" IN THIS CONTEXT SHALL BE CONSIDERED TO INCLUDE DAMAGES, PROPORTIONAL DISCOUNTS OR REDUCTIONS IN THE PRICE, ANY INDEMNITY AMOUNT AS WELL AS ANY CLAIM FOR REIMBURSEMENT THAT IS HONORED BY THE SERVICE HOUSE.
    11.2.4 Any violation of the agreed limitations of liability and indemnification provisions follows the general rules of Danish law.
    11.3 Product liability
    11.3.1 ServiceHuset is subject to usual product liability in accordance with the rules of EU Directive 85/374/EEC, as the directive may be implemented in Denmark at any time, to the extent that this legal liability cannot be limited by agreement, as ServiceHuset disclaims product liability to the widest extent possible, including on any other non-legal basis.

    12. FORCE MAJEURE
    12.1 Neither Party shall be liable to the other Party for failure to perform its obligations under the Agreement if the failure to perform is due to circumstances or circumstances beyond the control of the Party concerned (including fire, war, trade and currency restrictions, natural disasters, interruptions or breakdowns in energy supply, general shortage of goods, shortage of means of transport, strike or lockout) and which the Party could not reasonably have foreseen, avoided or overcome. Circumstances at the hands of a subcontractor shall only be considered force majeure if the subcontractor is subject to an obstacle covered by the first sentence and which the Party should not have foreseen, avoided or overcome. (“force majeure”).

    13. ASSIGNMENT OF THE AGREEMENT
    13.1 ServiceHuset is entitled to assign its rights and obligations under the Agreement to an associated company or a company in the same group as ServiceHuset. ServiceHuset is entitled to assign its claim against the Customer for consideration to a financial institution, bank or factoring company.
    13.2 You may not assign your rights or obligations under the Agreement without prior consent from ServiceHuset.

    14. CHANGES TO THE AGREEMENT
    14.1 Changes to the cleaning service follow the rules on change management in section 4.
    14.2 Other changes, including changes to individual provisions of the Agreement, must be agreed upon and documented in an addendum to the Agreement signed by one of the Parties in order to be valid.

    15. DISPUTES
    15.1 Applicable law and venue
    15.1.1 The Agreement is subject to Danish law and the Danish courts shall decide any dispute arising from the Agreement, cf. however below regarding mediation.
    15.2 Mediation
    15.2.1 Any dispute that cannot be resolved amicably shall be resolved by mediation via the Mediationsinstituttet, cf. www.mediationsinstituttet.com. When a dispute or disagreement has arisen in the opinion of one or both Parties, each Party is entitled to submit a request to the Mediationsinstituttet to commence mediation. The mediation shall take place in accordance with the rules applicable at any time for the processing of cases by the Mediationsinstituttet.
    15.2.2 If the mediation does not lead to a resolution of the Parties' dispute within a period of 45 working days, the dispute may be resolved by court proceedings, cf. above.