TERMS AND CONDITIONS GOVERNING CLEANING CONTRACTOR

1. Definitions and interpretations

1.1 Unless the subject or context otherwise requires, the following expressions shall have the meaning respectively assigned to them hereunder:

1.2 Unless the context otherwise requires:

(a) words importing the singular shall include the plural and vice versa, words importing the masculine gender shall include the feminine and neuter genders and vice versa, and words importing a person shall include a company or corporation and vice versa;

(b) the expression “this Terms and Conditions” or any similar expression shall mean this Terms and Conditions and any supplemental written agreement hereto as may be in force from time to time or any time;

(c) references to clauses, recitals and schedule are, unless otherwise stated, shall be construed as references to Clauses, Recitals and Schedule to this Terms and Conditions, and the Recitals and Schedule form part of this Terms and Conditions and have the same force and effect as if expressly set out in the body of this Terms and Conditions;

• references to persons shall be construed as including references to an individual, firm, company, corporation, trust, unincorporated body of persons or any State or government or any agency there of;

(e) words importing the masculine gender shall be deemed to include the feminine and neuter genders and words importing the singular number shall include the plural and vice versa;

(f) a day, month or year means a day, month or year, as the case may be, reckoned according to the Gregorian calendar;

(g) where an act is required to be done within a specified number of days after or from a specified date, the period is exclusive of and begins to run from the day next to the date so specified;

(h) a period of month from the happening of an event or the doing of an act or thing shall be deemed to be exclusive of the day on which the event happens or the act or thing is or so required to be done;

(i) where the last day for doing any act or thing or taking any step would but for this provision be a Sunday or a Bank Holiday or a Public Holiday or a non-working day of the Company’s Solicitors, such last day shall instead be the next following working day;

(j) a document or form includes the same as from time to time varied in any manner or respect whatsoever or howsoever and any document from time to time issued or executed supplemental, in addition or in substitution to or for it;

(k) the headings to this Terms and Conditions shall not affect the construction of the provisions herein contained; and

(l) where any word or expression is defined in this Terms and Conditions, the definition shall extend to all grammatical variations and cognate expressions of the word or expression so defined.

 

2. Relationship & Remuneration

2.1 Upon the Contractor’s registration at the Company’s duly authorised online platform, the Contractor shall immediately pay to the Company a non-refundable sum of Ringgit Malaysia Thirty (RM30.00) Only being the registration fee which shall include the background search fee and the provision of one (1) cleaning apron by the Company to the Contractor (hereinafter referred to as “the Registration Fee”) by way of cash, e-Wallet, online banking system or any other means which is agreeable by the Company.

2.2 For the avoidance of any doubt, the Contractor hereby gives consent to Company to conduct background search on the Contractor and the Company shall not process the registration of the Contractor save and except until the said Registration Fee is paid by the Contractor to the Company.

2.3 Upon the successful registration of the Contractor, the Company hereby engages the Contractor and the Contractor hereby agreed to accept the engagement by the Company to render the Services to the Company during the Term.

2.4 In consideration for the Services to be rendered by the Contractor to the Company, the Company shall pay to the Contractor the Remuneration on job to job basis allocated to the Contractor during the Term which shall be payable to the Contractor within seven (7) days upon the payment by the Company’s customers.

2.5 Thus, there will be no fixed guaranteed income or fixed amount of Remuneration payable to the Contractor under this Terms and Conditions.

2.6 Accordingly, the Contractor agrees and acknowledges that:-

(a) the Company shall not be obliged to and held responsible for any contribution to both the Employees Provident Fund (“EPF”), the Social Security Fund (“SOCSO”) and/or other statutory contributions which are required or prescribed under the prevailing Malaysian Law during the Term PROVIDED ALWAYS THAT the Contractor shall indemnify and keep the Company indemnified against any claims suit actions demands of whatsoever by the appropriate authorities in respect of non-contribution of the EPF, SOCSO and any other statutory contributions by the Contractor himself on voluntary basis; and

(b) the Contractor shall not qualify or eligible to participate in or to receive from the Company any employee benefits that the Company extend to its employees

2.7 The Contractor shall have no authority and shall not exercise or hold itself out as having any authority to enter into or conclude any contract or to undertake any commitment or obligation for with any other third party, in the name of or on behalf of the Company at all the material times.

2.8 Upon the expiration of the Term, the engagement of the Contractor by the Company shall renewed or extended at the Company’s sole and absolute discretion.

 

3. Services & Obligations of the Contractor

3.1 The parties hereto mutually agreed that the Contractor’s shall be responsible to provide the Services, the nature and job scope of which shall include the following:-

• cleaning of premises’ or buildings’ floors by sweeping, mopping, scrubbing, or vacuuming them;
• gathering and emptying trash;
• servicing and cleaning restrooms or toilets;
• following the Company’s procedures for the use of chemical detergents and power equipment, in order to prevent damage to floors and fixtures;
• mowing and trimming lawns and shrubbery, if requested by customers, using mowers and hand and power trimmers, and clearing debris from grounds;
• spraying insecticides and fumigants to prevent insect and rodent infestation;
• cleaning and polishing furniture and fixtures;
• cleaning windows, glass partitions, and mirrors, using soapy water or other cleaners, sponges, and squeegees;
• dusting furniture, walls, machines, and equipment; and
• steam-cleaning or shampoo-ing carpets.

Provided that the Company reserves the right to request the Contractor to provide additional services during the Term whenever the Company deems fit and proper.

• In order to carry out the aforesaid responsibilities, the Contractor hereby undertake that the Contractor has the good personality and integrity and has the following criterias:-
• proven working experience as a cleaner;
• the ability to handle heavy cleaning equipment and machinery;
• has the knowledge of cleaning chemicals and supplies;
• health and safety consciousness

 

4. Working Hours, Accommodation & Transportation

4.1 The parties hereto mutually agreed that the Contractor shall have no fixed working hours where the Contractor are required to work upon being called or contacted at any time within the working days and time as follows:-

Monday to Sunday :    9.00 a.m. – 6.00 p.m.

4.2 Notwithstanding the foregoing provisions, the parties hereto mutually agreed that the Contractor shall not be entitled to refuse or reject any job or task allocated by the Company save and except the circumstances where the Contractor produce a medical certificate to show that the Contractor is not fit to work.

4.3 The Contractor shall report to work or attend to the Services at the premises instructed by the Company by arranging own transportation.

4.4 The parties hereto mutually agreed that the Company shall not be responsible for the accommodation of the Contractor in whatsoever circumstances.

 

5. Confidential Obligations

5.1 The Contractor shall undertake not to disclose to any third party any Confidential Information that may be obtained during the Term at all the material times.

5.2 The Contractor shall not at any time during the Term to engage directly or indirectly in any other similar business or occupation of whatsoever either as principal, agents, servants, or broker under whatsoever circumstances.

 

6. Termination

6.1 The parties hereto mutually agreed that the Company may terminate this Terms and Conditions at any time before the expiration of the Term by giving forty eight hours notice in writing to the Contractor.

6.2 Notwithstanding Clause 6.1, the Company shall have the absolute and unfettered right to terminate this Terms and Conditions forthwith without any notice if:-

• the  Contractor is guilty of any misconduct including but not limited to disobeying the orders or instructions given by the Company, involved in fighting, absence from work or task allocated by the Company without any reasonable explanation or wilful neglect in the discharge of the duties and responsibilities under Clause 3 here of;
• the Contractor commit any breach of the terms and conditions, stipulations or provisions herein;
• the Contractor is convicted of any criminal offence;
• the Contractor’s services or performance not up to the reasonable expectation of the Company; and
• the Contractor involved in revealing the Confidential Information, committed any illegal activities under the context of Malaysian law or going against the rules and regulations set by the Company from time to time.

6.3 The termination of this Terms and Conditions without any notice set forth in Clause 6.2 above is without prejudice to the Company’s rights in recovering from the Contractor any damage or losses suffered due to the action of the Contractor during the Term.

6.4 In the event that the Contractor terminates the Services or the Terms and Conditions unilaterally during the Term, the Contractor shall pay to the Company whatever loss or damage suffered by the Company due to the unilateral termination of this Terms and Conditions by the Contractor but without prejudice to the rights and remedies of the Company against the Contractor in respect of any attachment claim or breach of covenant of this Terms and Conditions.

 

7. Non-Solicitation

7.1 The Contractor acknowledges and covenants that:-

• the Contractor shall not directly or indirectly, either alone or in concert with others, for the Contractor’s own benefit or for the benefit of any other person, firm, partnership, corporation or other entity, to solicit or entice any employee, contractor of or consultant to the Company to leave the Company or to work for anyone in competition with the Company during and for a period of two (2) years after the expiration or termination of the Term; and
• the Contractor shall not directly or indirectly, either alone or in concert with others, for the Contractor’s own benefit or for the benefit of any other person, firm, partnership, corporation or other entity, to solicit or entice or in any way cause any of the Company’s customers or supplies to do business with any business entity in competition with the Company during and for a period of two (2) years after the expiration or termination of the Term.

 

8. Insurance

8.1 The Contractor shall obtain and maintain, at the Contractor own cost and expense such valid insurance policies in insuring any loss, damage, illness, injuries or death suffered by himself resulting from rendering the Services to the Company during the Term of this Terms and Conditions.

8.2 The Contractor shall further obtain and maintain, at the Contractor own cost and expense such valid insurance policies as will protect him from claims for damages because of bodily injury, sickness, or disease, or death suffered by any person, and from claims for injury to or destruction of tangible property, including loss of use, any or all of which may arise out of or result from rendering the Services to the Company during the Term of this Terms and Conditions.

 

9. Indemnities

9.1 The Contractor shall indemnify and keep the Company indemnified against:-

all losses or liabilities arising directly or indirectly as a result of the provision of the Services including all losses or liabilities caused by the Contractor; and

all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by the Company in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal and including any action taken for the recovery of a debt).

 

10. Assignment

9.1 Neither party may assign this Terms and Conditions or any part thereof without the written consent of the other, in which case the other party’s written consent shall not be unreasonably withheld.

 

11. Waiver

10.1 A waiver by either party of a breach of any provision of this Terms and Conditions shall not be considered as a waiver of a subsequent breach of the same or another provision.

 

12. Severability

12.1 If any of the provisions of this Terms and Conditions is found by a Court or other competent authority to be void or unenforceable, it shall be deemed to be deleted from this Terms and Conditions and the remaining provisions shall continue to apply. The parties hereto shall negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the provision found to be void or unenforceable.

 

13. Applicable Law

13.1 This Terms and Conditions will be subject to the Malaysia’s law, and the Malaysia’s Court shall have the exclusive jurisdiction in respect of any disputes arising from this Terms and Conditions.

 

14. Notice

14.1 Any notice to be served by either party hereto to the other shall be in writing and shall be deemed to be sufficiently served:-

(a) if it is sent by prepaid registered post, addressed to the other party at the address herein mentioned and in such a case it shall be deemed (whether it is actually delivered or not) to have been received by the other party after it is posted; or

(b) if it is dispatched by hand, to the other party; or

(c) in case of transmission by facsimile, when the recipient’s facsimile number is shown on the sender’s receipt of a confirmed log printed out for the transmission regarding the date, time and transmission of all pages and shall be addressed to the address of the parties hereto as may be designated from time to time by notice in writing to the other.

(d) if it is sent by email, addressed to the recipient’s email address, in such a case, it shall be deemed to have been received by the other party after the email is sent out successfully.

 

15. Entire Terms and Conditions & Variations

15.1 This Terms and Conditions sets forth the entire terms and conditions and understanding between the parties and as to the subject matter if this Terms and Conditions and supersedes all prior discussions and negotiations between them, and the parties shall not be bound by any conditions, definitions, warranties, representations or understandings, whether oral or written, with respect to the subject matter of this Terms and Conditions, other than as expressly provided in this Terms and Conditions.

15.2 This Terms and Conditions shall not be subject to change or modifications except by an instrument in writing signed by the parties hereto.

 

16. PREVAILING LANGUAGE of terms and conditions

16.1 Should any conflict arise between the English language version of this Terms and Conditions and the Bahasa Malaysia translation hereof, the English language version shall be prevailing.