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BARTON & JAMES PROPERTY SERVICES TERMS AND CONDITIONS

1. Definitions In these Terms and Conditions, the following words: Cleaning Charges; Cleaning Services; Commencement Date; Customer; Location; Premises; and Aussie Clean Team; Parties; Shall have the meanings as set out in the email confirmation sent to you. Parties shall mean Barton & James and Customer. 2. Provision of services In consideration of the Customer paying the Cleaning Charges to Barton & James, Barton & James shall provide the Cleaning Services of the Premises to the Customer at the Location with reasonable skill and care and in accordance with these terms and conditions and the email confirmation and shall provide properly skilled staff (including adequate supervision), equipment and cleaning materials for such purpose. We aim to arrive on time; however, our job arrival times are estimates; we regret no discounts can be offered. Should the Location be outside the M25, we reserve the right to impose additional charges for the Cleaning Services. 3. Selection of Aussie Clean Team's staff Barton & James will use reasonable endeavours to provide staff to carry out the Cleaning Services who are aged 18 or over and are (so far as reasonably possible) known to Barton & James and in respect of whom character and employment references have been checked to ensure so far as reasonably possible that they are reliable, discreet and honest.

4. Uniforms Barton & James will supply its staff with a suitable garment clearly marked with Barton & James insignia. 5. Security The Customer shall keep Barton & James informed of all security procedures in operation at the Location with which it reasonably requires Barton & James staff to comply. Barton & James will ensure that its staff working at the Location under the Cleaning Services are made fully aware of and comply with such Customer's security procedures and, if required by the Customer. 6. Equipment Barton & James shall maintain the cleaning equipment regularly in line with applicable safety laws, regulations and governmental guidelines and provide replacements when breakdowns occur or any such equipment required for the provision of the Cleaning Services ceases to work effectively. 7. Safe Premises The Customer warrants that the Premises are safe for work and comply with all statutory requirements for the health and safety at work of the Barton & James staff. Barton & James may refuse to permit its staff to work in the Premises or any part of them if Barton & James reasonably considers that they may be exposed to undue risk or danger. Further, if Barton & James are subject to any verbal or physical abuse, we reserve the right to stop the Cleaning Services at any time and full payment will be charged to the Customer.

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8. Aussie Clean Team's health and safety policy So far as affects its staff who perform the Cleaning Services, Barton & James undertakes with the Customer that (without limiting its duties to them) it will: a. in accordance with applicable law safeguard the health, safety and welfare of its staff performing the Cleaning Services; b. bring to the notice of its staff the safety policies of both Barton & James and the Customer provided that the Customer has notified Barton & James of its safety policy in writing and in advance; c. provide reasonable information, training and supervision in safe working practices and the need to work safely; and d. have reasonable regard for the health and safety of those not employed by Barton & James, but who may be affected by Barton & James work. 9. Customer complaints a. Any complaint about the performance of the Cleaning Services must be made in writing to one of the Barton & James managers within 1 working day of the occurrence complained about and Barton & James will take reasonable action, without cost to the Customer, to investigate and (unless it reasonably considers that the complaint was not justified) take reasonable remedial action provided that the Customer is present at the Location at the end of the Cleaning Services to sign off. If the Customer is not present at the end of the Cleaning Services job, the Cleaning Services will be deemed to have been completed to the satisfaction of the Customer. b. In the absence of complaint it will be assumed

that the Customer is satisfied with Barton & James performance of the Cleaning Services however nothing in this clause shall act so as to waive or limit any right or remedy either Party may have under these Terms and Conditions or as may be provided by applicable law. 10. Payment Unless otherwise agreed, all payments are to be made on Completion of the Cleaning Works. In some circumstances, invoices will be issued and in this case, the Customer shall pay all Cleaning Charges due under these Terms and Conditions not later than 7 days after its receipt of the Barton & James invoice in respect of them. All queries in respect of payments must be directed to the Barton & James Office. Staff carrying out the Cleaning Services have no authority to deal with payment issues, unless the work is being carried out by one of the supervisors or managers. Customers must ensure that Barton & James are able to park safely; if charges need to be incurred or permits obtained for the period of the Cleaning Services, Barton & James must be provided with the relevant monies or permits, whatever is applicable. 11. VAT All prices quoted are inclusive of VAT charges. 12. Suspension of performance Failure by the Customer to pay the Cleaning Charges or any other amount within 60 days of receiving an invoice from Barton & James requesting such amounts or to comply with any of its other material obligations under these Terms and Conditions shall constitute sufficient cause for Barton & James to suspend or terminate service

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under the Cleaning Contract or any other contract with the Customer until the Cleaning Charges or any other amounts on them have been received in full by Barton & James and the Customers other obligations have been complied with in full. 13. Force majeure Neither Party shall have any liability under or be deemed to be in breach of these Terms and Conditions for any delays or failures in performance of these Terms and Conditions which result from circumstances beyond the reasonable control of that Party. The Party affected by such circumstances shall promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so. 14. Confidentiality All information acquired by Barton & James relating to the Customers business, if applicable, shall be treated by Barton & James as confidential and Barton & James shall not make any use or disclosure of it. Barton & James shall (if so requested by the Customer) require its employees to enter into written undertakings as to confidentiality which are directly enforceable by the Customer. The obligations of this clause shall not apply to any information which: a. was known or was in the possession of Barton & James before it was acquired by Barton & James from the Customer; b. is, or becomes, publicly available through no fault of Barton & James; c. is provided to Barton & James without restriction or disclosure by a third party, who did not breach any confidentiality obligations

by making such a disclosure; d. was developed by any of Barton & James staff (or on Barton & James behalf) who had no direct access to, or use or knowledge of the confidential information acquired from the Customer; or e. is required to be disclosed by order of a court of competent jurisdiction. f. This clause shall survive termination of these Terms and Conditions for a period of 6 years. 15. Exclusion of liability To the extent permitted by applicable law, Barton & James disclaims all liability to the Customer in connection with Barton & James performance under these Terms and Conditions, including but not limited to liability for loss of profits and other consequential losses. Except in the case of death or personal injury caused by Barton & James negligence, the liability of Barton & James under or in connection with these Terms and Conditions whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the Cleaning Charges paid by the Customer to Barton & James under these Terms and Conditions. Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty nor otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. Barton & James will not be liable, during the carpet cleaning process for any damage caused by cleaning, dyeing or drying. 16. Variation These terms and conditions may only be amended

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in writing signed by duly authorised representatives of the Parties. 17. Waiver No failure or delay by either Party in exercising any right, power or privilege under these Terms and Conditions shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in these Terms and Conditions are cumulative and not exclusive of any rights and remedies provided by law. 18. Third parties For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of these Terms and Conditions is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions. 19. Notices Any notice to be given under these Terms and Conditions shall be in writing and shall be sent by first class mail or air mail, or e-mail (confirmed by first class mail or air mail), to the address of the relevant Party set out overleaf, or such other address as that Party may from time to time notify to the other Party. Notices sent as above shall be deemed to have been received 2 working days after the day of posting (in the case of inland first class mail), or on the next working day after transmission, or next working day after sending (in the case of e-mail). a. In proving the giving of a notice it shall be

sufficient to prove that the notice was left, or that the envelope containing the notice was properly addressed and posted, or that the applicable means of telecommunication was addressed and dispatch of the transmission was confirmed and/or acknowledged as the case may be. 20. Jurisdiction a. The validity, construction and performance of these Terms and Conditions shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit. 21. Interpretation a. In these Terms and Conditions unless the context otherwise requires: b. words importing any gender include every gender; c. words importing the singular number include the plural number and vice versa; d. words importing persons include firms, companies and corporations and vice versa; e. references to numbered clauses and schedules are references to the relevant clause in or schedule to these Terms and Conditions; f. reference in any schedule to these Terms and Conditions to numbered paragraphs relate to the numbered paragraphs of that schedule; g. any obligation on any Party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done; h. the headings to the clauses, schedules and paragraphs of these Terms and Conditions are not to affect the interpretation; i. any reference to an enactment includes

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reference to that enactment as amended or replaced from time to time and to any subordinate legislation or by-law made under that enactment; and j. where the word 'including' is used in these Terms and Conditions, it shall be understood as meaning 'including without limitation'.

Office: Barton & James Property Services 10 Sunningdale Hardwick Green West Ealing London W13 8DY

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