Terms & Conditions

The Shining Windows Service Agreement & Company Policy Contract 2025 shall be cited in its entirety as The Shining Windows Service Agreement & Company Policy Contract 2025

1.2. The Company:
The legal entity you, the Client, are entering into this binding agreement with is Matthew McDaid, trading as Shining
Windows ("the Company," "we," "us"), whose principal place of business is The Firtrees, 6 Wood Lane, Hartwell,
Northampton, Northamptonshire, NN7 2HG.

1.3. Interpretation:
All terms used throughout this contract shall have the meanings ascribed to them in Schedule 2 (Glossary of Defined
Terms). This contract shall be governed by and construed in all respects in accordance with the laws of England and Wales.
Clause 2: Formation & Scope of the Service Agreement

2.1. The Purpose of This Section:

2.1.1. This section provides an exhaustive explanation of the precise legal mechanism by which a formal, binding contract
is created between the Company and the Client. This is the foundational step that gives legal effect to all subsequent terms.

2.2. The Entire Agreement: This contract, in conjunction with the specific Quote provided to the Client, constitutes the entire and
exclusive agreement between the parties.

2.2.1. Legal Explanation: This is an "Entire Agreement" clause. Its legal function is to prevent either party from claiming that
a statement or promise made during prior informal discussions (such as phone calls or emails) is part of the contract. It
ensures that the only legally binding promises are the ones written down in this document and the associated Quote,
providing certainty for both you and us.

2.3. Formation of a Legally Binding Contract: A contract governed by this contract is formed exclusively upon the occurrence of one of
the following events:

2.3.1. For Residential Clients: The receipt by the Company of full, cleared, advance payment for the quoted Service.

2.3.2. For Commercial or Facilities Management Clients: The receipt by the Company of a formal written instrument
(including a clear and unambiguous email) from an authorised representative of the Client that explicitly accepts the Quote.

2.3.3. The Legal Significance & Your Affirmation: This clause defines the point of "offer and acceptance." Your payment or
written acceptance is the legal "acceptance" of our "offer" (the Quote). By making this acceptance, you formally affirm
that you have read, understood, and agree to be bound by every term and condition contained within this entire
document, including all Schedules and Policies appended hereto (such as the Fair Reviews Policy and Acceptable Use
Policy). A claim of not having read or understood these terms post-acceptance will not be considered a valid basis to
challenge them.

2.4. Incorporated Policies:

2.4.1. This Agreement legally incorporates by reference the full text and meaning of the Company Policies appended hereto,
which include, but are not limited to, the Acceptable Use Policy, Cookie Policy, Data Protection, Privacy Policy and UK
Legislations, Acts, and Regulations".

2.4.2. This direct reference removes any potential confusion about whether they are contained within the schedules
themselves or are separate, incorporated documents.

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Clause 3: Pricing, Quotations & Financial Provisions

3.1. Validity of Quotations:

3.1.1. All Quotations issued by the Company shall be valid for a period of thirty (30) calendar days from the date of issue.

3.2. Basis of Quotations & Client Warranty of Accuracy:

3.2.1. All Quotations are calculated based on the information provided by you. By accepting a Quote, you warrant that the
information you have provided is accurate and complete in all material respects.

3.2.2. Should the scope of work (e.g., number of windows, extent of soiling) or property conditions be found to be materially
different from the information you warranted, this shall constitute grounds for the Company, at its sole discretion, to issue a
revised Quote or to withdraw from the Service without liability.
Clause 4: Scheduling, Timings & Service Delivery

4.1. The Purpose of This Section:

4.1.1. This section sets out our professional commitment and defines the legal standard of our work. It also provides a
realistic and legally sound framework for the practicalities of a mobile service.

4.2. Standard of Care:

4.2.1. The Company warrants, as a primary and non-negotiable term of this Agreement, that it shall perform all Services
with the standard of "reasonable care and skill".

4.2.2. The Law States (Consumer Rights Act 2015, Section 49 - Service to be performed with reasonable care and
skill):

“(1) Every contract to supply a service is to be treated as including a term that the trader must perform the service
with reasonable care and skill. (2) See section 54 for a consumer’s rights if the trader is in breach of this term.”

4.2.3. What this means for you: This is your most important legal guarantee. The law automatically writes this promise into
our contract. It means you are legally entitled to a standard of work consistent with that of a competent and professional
tradesperson in our industry.

4.3. Scheduling & Timings:

4.3.1. All dates and arrival times are provided as good-faith estimates. Time shall not be of the essence for the performance
of the Services. We shall not be liable for any loss or inconvenience caused by a Foreseeable Delay (e.g., traffic) and will
communicate any significant delays to you.

4.4. Service Scope: Cleaning, Not Restoration, and Client Acknowledgement of Risk:

4.4.1 You explicitly acknowledge and agree that the Company provides a cleaning service only, not a restoration service.

4.4.2. The Company warrants it will use reasonable care and skill to clean the surfaces, but gives no warranty or
guarantee that pre-existing defects, damage, or wear and tear will be rectified.

4.4.3. By entering this contract, you accept that the cleaning process may reveal or make more apparent such pre
existing conditions (e.g., scratches, failed seals, degraded paintwork, or etched hard water stains). The Company shall not
be held liable for any such pre-existing conditions that become visible post-cleaning. The foundational legal principle is that
of caveat emptor (let the buyer beware) as it applies to the pre-existing state of your property.

4.5: Service Delivery Window & Operational Realities

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4.5.1. For services that are part of a package or recurring schedule, our commitment is to complete the service within the
calendar month it is due. This defines the "reasonable timeframe" for service delivery.

4.5.2. While we will always propose and aim for specific dates, you acknowledge that all appointments are subject to
change due to the operational realities of a mobile service. These include, but are not limited to:

4.5.2.1 Force Majeure Events: As defined in Clause 9, such as severe adverse weather or the proprietor’s
debilitating ill health.

4.5.2.2. Foreseeable Operational Delays: Such as traffic congestion, unexpected overruns on a previous job, or
issues gaining access to a site.

4.5.2.3. Reasonable Adjustments: As the proprietor is recognised by the DWP as having a protected
characteristic under the Equality Act 2010, occasional, short-notice rescheduling may be necessary as a
reasonable adjustment to manage their health condition.

4.5.3. In any of these events, we will provide you with as much notice as is reasonably possible and will reschedule your
service for the next mutually agreeable date within the same service month where feasible.
Clause 5: Client Obligations, Warranties & Indemnities

5.1. The Purpose of This Section:
This section details your legal and practical responsibilities. Fulfilling them is essential for us to carry out the work safely and
effectively, and for the protection of your property.

5.1.1. Duty to Provide Safe Access & Environment:

5.1.2. Your Non-Negotiable Duty to Provide a Safe Environment

5.1.3. You warrant that the Property is a safe working environment. This is not a request, but a pre-existing and non
delegable statutory duty of care that you, as the occupier of the premises, owe to any visitor. Your failure to meet this duty
constitutes negligence.
The Law States (Occupiers' Liability Act 1957):
The Act places a "common duty of care" on occupiers to "take such care as in all the circumstances
of the case is reasonable to see that the visitor will be reasonably safe..."

5.1.4. This duty is underpinned by the foundational legal principle:
Relevant Legal Principle (Latin):
Sic utere tuo ut alienum non laedas.
(Use your property in such a way that you do not injure that of another. This principle establishes that your right to use your
property does not extend to creating a risk of harm to others.)

5.1.5. Therefore, you must ensure all known hazards are rectified or clearly communicated prior to our arrival, and that
all pets and children are secured away from the immediate work area for the entire duration of the Service.

5.1.6. For All Interior Work:
You must prepare the areas before our arrival. This includes clearing all items from window sills, moving
furniture to provide clear access, and protecting any nearby valuable items.

5.1.7. Client Presence for Interior Work:
For any Services requiring us to enter your property, you or a trusted adult representative must be present for the entire
duration.

5.2. Consequences of Breach of Obligation:

5.2.1. Agreed Damages for Client Breach

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5.2.2. You acknowledge that a failure to meet your obligations under Clause 5 (such as providing safe and clear access) will
result in the Company incurring irrecoverable costs (e.g., fuel, staff time, lost opportunity on other work). You therefore
agree that the full Price of the quoted Service represents a fair and genuine pre-estimate of the loss the Company will
suffer. Accordingly, if the Service is prevented by your breach of obligation, the full Price shall become immediately due
and payable not as a penalty, but as pre-liquidated damages to compensate the Company for its loss.

5.2.3. We reserve the absolute right to refuse or cease work if the Property is deemed unsafe or the environment is hostile.
The Law States (Health and Safety at Work etc. Act 1974):

5.3. This “Health and Safety at Work etc. Act 1974” gives workers the right to withdraw from a situation of serious and imminent
danger. It also places a duty on us not to put our staff in unsafe conditions.
Clause 6: Service Limitations & Exclusion of Liability

6.1. Pre-Existing Conditions:

6.1.1. We are not liable for any pre-existing damage, defects, or wear which may become more apparent after cleaning
(e.g., scratches, degraded seals, flaking paint).

6.2. Specific Exclusions of Liability:

6.2.1. Water Ingress: It is your sole responsibility to ensure all windows and vents are securely closed. We are not liable for
water ingress caused by faulty or degraded seals.

6.2.2. Interior Work: We shall not be held liable for damage to items you have failed to move or protect as required by

Clause 5.1.2.

Clause 7: Cancellation, Postponement & Statutory Rights

7.1. The Purpose of This Section: This section explains your powerful legal rights to cancel an agreement made online, as these are
a cornerstone of modern consumer protection.

7.2. Client-Initiated Postponement & Agreed Damages:

7.2.1 To postpone or cancel a scheduled Service, you must provide a minimum of seventy two (72) hours' written notice.
Should you fail to provide such notice, a reserved slot in our schedule is lost which cannot reasonably be filled. In line with
the principle established in Clause 5.2.1, you agree that the full Service Price is a fair and genuine pre-estimate of the loss
the Company will incur. Therefore, failure to provide the required notice will result in the forfeiture of the full Service Price,
not as a penalty, but as pre-liquidated damages for the short-notice breach.

7.3. Statutory Cooling-Off Period & Express Request for Early Service (Residential Clients):
The Law States (Consumer Contracts Regulations 2013, Regulation 36 & 37):

“If the consumer makes an express request... the consumer must pay to the trader an amount for the supply of the
service for the period for which it is supplied... The consumer loses the right to cancel... if the service is fully
performed, and performance began with the consumer’s prior express consent and with the acknowledgement that
the consumer would lose the right to cancel once the contract had been fully performed.”

7.3.1 What this means in plain English: You have a 14-day right to cancel. However, if you book a service date within that
period, the law sees this as your "express request" to start early. By doing so, you acknowledge that if the job is fully
completed, your right to cancel is lost.
Clause 8: Complaints, Disputes & Rectification Procedures
8.1. The Purpose of This Section:

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This section outlines the clear, fair, and legally compliant process for raising any concerns with our service.

8.2. Condition Precedent to Remedy: 8.2.1. As a
condition precedent to any remedy, any grievance relating to the quality of the Service must be submitted in writing with
clear, dated photographic evidence as soon as is reasonably possible.

8.2.2. This is a material term of the contract, necessary for a fair investigation before external factors (e.g., weather) alter
the condition of the surfaces. Failure to provide this evidence will void any claim for rectification.

8.3. The Exclusive First Remedy: Right to Rectify: 8.3.1. In accordance with your statutory rights, should a complaint be validated,
your
sole and exclusive remedy in the first instance is a repeat performance of the Service. This is our legal right and primary
obligation.

8.3.2. The Law States (Consumer Rights Act 2015, Section 55 - "Right to repeat performance")
This gives a trader the right to perform the service again if it was not carried out with reasonable care and skill. This right to
rectify is the primary remedy afforded to a service provider.

8.3.3. We will arrange a single return visit to
re-clean the specific, identified areas of concern at no extra cost. We do not offer refunds, discounts, or credit notes for
service dissatisfaction; the legal remedy is rectification.

8.3.4. A price reduction will only be considered, in line with statute, if a repeat performance is not possible or fails to resolve the
issue.

Clause 9: Force Majeure & Frustration of Contract

9.1. Purpose of This Section: 9.1.1. This is a standard legal clause that covers what happens if we are prevented from carrying out the
service due to a major, unforeseen event that is genuinely outside of our control.

9.2. Definition of a Force Majeure Event: 9.2.1. A "Force Majeure Event" is any event or circumstance beyond the reasonable control
of the Company which prevents or delays the performance of its obligations. These events include, but are not limited to:

(a) Adverse Weather: Conditions such as high winds, heavy rain, thunderstorms, or icy conditions that make
performing the work unsafe or impossible.

(b) Critical Equipment Failure: An unexpected and total breakdown of our primary vehicle or essential, non
substitutable machinery.

(c) Proprietor Illness: A sudden, debilitating illness affecting the proprietor, which constitutes a necessary
"reasonable adjustment" under the Equality Act 2010.

(d) Pandemic or Epidemic: A public health crisis that leads to government-mandated lockdowns, travel
restrictions, or official advice against providing services.

(e) Acts of Government or Law: Any new law, regulation, or direct order from a national or local government
authority that makes performing the service illegal or impossible.

(f) Civil Unrest or Commotion: Events such as riots, widespread industrial action, or other civil disturbances that
make it unsafe or physically impossible to access the service area.

(g) Major Utility or Transport Failure: Large-scale, prolonged failures of essential public utilities or the complete
closure of major transport routes by emergency services.

(h) National Supply Chain Failure: The sudden and complete unavailability of an essential and non-substitutable
material required for the service.

9.3. Proprietor's Health & Duty of Reasonable Adjustment:

9.3.1. You acknowledge that the proprietor is formally recognised by the Department for Work and Pensions (DWP) as
having a protected characteristic under the

Equality Act 2010, and that this may necessitate occasional, short-notice rescheduling of the Service. This is not a matter of
convenience; it is a non-discretionary requirement of law. A postponement for a legitimate health reason is therefore a necessary and
lawful "reasonable adjustment".

9.3.2. The Law States (Equality Act 2010, Section 20):
"Where a provision, criterion or practice of a service-provider puts a disabled person at a substantial disadvantage... the
provider must take such steps as it is reasonable to have to take to avoid the disadvantage."

9.3.3. Your acceptance of this contract constitutes your prior, informed consent to this operational reality. A postponement
under this clause is a direct fulfilment of our statutory duties and does not constitute a breach of contract, nor does it
provide grounds for cancellation, refund, or negative review.

9.4. Consequences of a Force Majeure Event:

9.4.1. In the event of a Force Majeure, our sole obligation is to contact you to notify you of the situation and to reschedule
the Service for the next reasonably available date. This postpones our service obligation but does not remove it, and does
not constitute grounds for a refund.
Clause 10: Data Protection & Privacy

10.1. Compliance with Statutory Duties:

10.1.1. The Company is a Data Controller and warrants that it will process all personal data in strict accordance with the
Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). The lawful basis for processing
Client data is for the "performance of a contract".

10.2. Privacy Policy:

10.2.1. Full details of how the Company collects, uses, and protects data are contained within the Company's Privacy
Policy, which is available on our website.
Clause 11: Intellectual Property Rights & Grant of Licence by Client

11.1. Intellectual Property:

11.1.1. All intellectual property rights arising from the Service, including copyright in all photographic and video recordings of
the completed work ("the Media"), shall be the sole property of the Company. For the avoidance of doubt, you hereby grant
the Company a perpetual, irrevocable, royalty-free, worldwide licence to take and use the Media for any lawful
business purpose, including for evidential, quality assurance, and marketing purposes. You agree that this licence is a
material part of the consideration for the Service provided by the Company.

11.2. Confidentiality:

11.2.1 Both parties undertake not to disclose any confidential information concerning the business or affairs of the other
party, except as required by law.
Clause 12: General Provisions

12.1. Severability:

12.1.1. If any provision of this Agreement is found by any court to be invalid or unenforceable, it shall be deemed deleted, but
the rest of the Agreement shall remain in full force and effect.

12.2. Third-Party Rights:

12.2.1 This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.

12.3. Limitation of Liability

12.3.1. Nothing in this Agreement shall limit or exclude the Company's liability for: (a) death or personal injury caused by its
negligence, or the negligence of its employees or agents; (b) fraud or fraudulent misrepresentation; or (c) any matter in respect
of which it would be unlawful to exclude or restrict liability.

12.3.2. Subject to Clause 12.3.1 The Company's total liability to the Client, whether in contract, tort (including negligence),
for breach of statutory duty, or otherwise, arising under or in connection with this Agreement shall be limited to 125% of the
total Price paid under the Quote to which the claim relates.

12.3.3. Subject to Clause 12.3.1 Company shall not be liable to the Client, whether in contract, tort (including negligence), for
breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection
with the Agreement.
Part 2: Residential Service Contracts
Clause 13: Application & Precedence:

13.1. The terms in this Part 2 apply exclusively to Services provided to a private individual ("Residential Client").
Clause 14: Payment & Booking Confirmation:

14.1. All Services for Residential Clients must be paid for in full and in advance to confirm a booking. No obligation to
perform the Service exists until cleared funds have been received.