Terms & Conditions

These Terms and Conditions shall apply to the provision of laundry services by WHERE TO WASH LTD a company registered in Scotland under number SC812561 whose registered office is at Firbrae Mellerstain, Mellerstain, Gordon, United Kingdom, TD3 6LG (“WtW”) to customers which are property owners that require laundry services for their bed linen and other washable items (“Customer”).

Definitions and Interpretation 

In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:

“Additional Fees”

Means WtW’s fees as notified to the Customer from time to time for providing any additional services at the request of the Customer.

“Basic Fees”

Means the fees set out in Schedule 1 or otherwise agreed between the parties for providing the level of service specified in Schedule 1.

“Business Day”

Means, any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business in Scotland.

“Commencement Date”

Means the date on which provision of the Services shall commence, as set out in sub-Clause 9.1.

“Confidential Information”

Means, in relation to either Party, any information which is disclosed to that Party by the other Party (whether or not developed by the other) including, without limitation (a) trade secrets, (b) product data, (c) proprietary rights, (d) business and financial affairs, (e) product developments, (f) customer and employee information and (g) intellectual property rights not currently in the public domain; (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such).

“Fees”

Means the sum of the Basic Fees and the Additional Fees.

“Privacy Legislation”

Means the General Data Protection Regulation (Regulation (EU) 2016/679)  (where applicable in relation to the storage retention and processing of EU personal data), the Data Protection Act 2018, the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (the “UK GDPR”), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018  the United Kingdom, the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the UK version of the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner (as amended or replaced from time to time).

“Quotation”

Means a quotation detailing proposed Fees and Services supplied to the Customer in accordance with this Agreement. Any such quotation shall be deemed to incorporate, and be subject to, these Terms and Conditions.

“Services”

Means the services to be provided by WtW as set out in Schedule 1, as varied from time to time in accordance with Clause 2.6.

“Term”

Means the term of this Agreement as set out in Clause 9.

Unless the context otherwise requires, each reference in this Agreement to:

“Writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

a "Statute" or a "Provision" of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

“This Agreement” is a reference to these Terms and Conditions and each of the Schedules and any Quotation as amended or supplemented at the relevant time and the Customer’s acceptance of them whether in writing or by the Customer’s actions;

a "Schedule" is a schedule to this Agreement; and

a "Clause" or "Paragraph" is a reference to a Clause of this Agreement (other than the Schedules) or a paragraph of the relevant Schedule.

a "Party" or the "Parties" refer to the parties to this Agreement.

If there is any conflict between the terms of a Quotation and these Terms and Conditions, then the Quotation shall have precedence. Quotations shall have precedence in reverse chronological order.

The headings used in this Agreement are for convenience only and shall have no effect upon the interpretation of this Agreement.

Words imparting the singular number shall include the plural and vice versa.

References to any gender shall include the other gender.

References to persons shall include corporations.

Provision of the Services

With effect from the Commencement Date, WtW shall provide the Services to the Customer in terms of this Agreement.

WtW shall provide the Services with reasonable skill and care, commensurate with 

ing standards in the laundry cleaning sector in the United Kingdom.

WtW shall act in accordance with all reasonable instructions given to it by the Customer provided such instructions are compatible with the specification of Services provided in Schedule 1.

WtW shall be responsible for ensuring that it complies with all statutes, regulations, byelaws, standards, codes of conduct and any other rules relevant to the provision of the Services.

WtW shall use all reasonable endeavours to accommodate any reasonable changes in the Services that may be requested by the Customer, subject to the Customer’s acceptance of any related reasonable changes to the Basic Fees.

WtW may from time to time agree to provide additional services to the Customer, outside the scope of the level of service specified in Schedule 1. WtW shall charge Additional Fees for such services.

Customer’s Obligations

The Customer shall use all reasonable endeavours to provide all pertinent information to WtW that is necessary for WtW’s provision of the Services.

The Customer will only use the laundry bags provided by WtW.

The Customer must account for all laundry items (including laundry bags) provided to the Customer by WtW and advise WtW if any item has been lost, stolen, damaged or destroyed. WtW reserves the right not to provide replacement items if the number of items lost, stolen, damaged or destroyed becomes unreasonable, in which case WtW will be entitled to recover the cost of such lost, stolen, damaged or destroyed items.

The Customer may, from time to time, issue reasonable instructions to WtW in relation to WtW’s provision of the Services.  Any such instructions should be compatible with the specification of the Services provided in Schedule 1 and the relevant Quotation.

In the event that WtW requires the decision, approval, consent or any other communication from the Customer in order to continue with the provision of the Services or any part thereof at any time, the Customer shall provide the same in a reasonable and timely manner.  

If any consents, licences or other permissions are needed from any third parties, it shall be the Customer’s responsibility to obtain the same in advance of the provision of the Services (or the relevant part thereof).

The Customer shall ensure that WtW has access to premises as required in order to provide the Services at the times to be agreed between WtW and the Customer.

Any delay in the provision of the Services resulting from the Customer’s failure or delay in complying with any of the provisions of this Clause 3 shall not be the responsibility or fault of WtW.

Cancellation of Services

The Customer must give WtW at least 5 Business Days notice if WtW will not be required to provide the Services on a particular day or at a particular time.

WtW will not invoice for cancelled visits provided such notice is given.  If less than 5 Business Days notice is given WtW shall invoice the Customer at the normal rate.

Fees, Payment and Records

The Customer shall pay the Fees to WtW in accordance with the provisions of this Clause 5.

WtW shall, prepare and submit a Quotation to the Customer either by email or first-class post which shall set out the Services and monthly Fee. Once the Customer has accepted the Quotation, there shall be a binding contract between the Parties.

WtW shall invoice the Customer for Fees due on a monthly basis in areas or as specified in the relevant Quotation.

All payments required to be made pursuant to this Agreement by either Party shall be made within 10 Business Days of receipt by that Party of the relevant invoice.

All payments required to be made pursuant to this Agreement by either Party shall be made in Pounds Sterling in cleared funds to such bank in Scotland as the receiving Party may from time to time nominate, without any set-off, withholding or deduction except such amount (if any) of tax as that Party is required to deduct or withhold by law.

Where any payment pursuant to this Agreement is required to be made on a day that is not a Business Day, it may be made on the next following Business Day.

Without prejudice to sub-Clause 9.4.1, any sums which remain unpaid following the expiry of the period set out in sub-Clause 6.3 shall incur interest on a daily basis at 4% above the base rate of the Bank of Scotland from time to time until payment is made in full of any such outstanding sums.

Each Party shall:

keep, or procure that there are kept, such records and books of account as are necessary to enable the amount of any sums payable pursuant to this Agreement to be accurately calculated;

at the reasonable request of the other Party, allow that Party or its agent to inspect those records and books of account and, to the extent that they relate to the calculation of those sums, to take copies of them;

Liability, Indemnity and Insurance

WtW shall ensure that it has in place at all times suitable and valid insurance that shall include public liability insurance.

In the event that WtW fails to perform the Services with reasonable care and skill it shall carry out any and all necessary remedial action at no additional cost to the Customer.

WtW’s total liability for any loss or damage caused as a result of its negligence or breach of this Agreement shall be limited to £500.

WtW shall not be liable for any loss or damage suffered by the Customer that results from the Customer’s failure to follow any reasonable instructions given by WtW.

Nothing in this Agreement shall limit or exclude WtW’s liability for death or personal injury.

The Customer shall indemnify WtW against any costs, liability, damages, loss, claims or proceedings arising from loss or damage caused by the Customer’s breach of this Agreement.

Confidentiality

Each Party undertakes that, except as provided by sub-Clause 7.2 or as authorised in writing by the other Party, it shall, at all times during the continuance of this Agreement and for three years after its termination:

keep confidential all Confidential Information;

not disclose any Confidential Information to any other party;

not use any Confidential Information for any purpose other than as contemplated by and subject to the terms of this Agreement;

not make any copies of, record in any way or part with possession of any Confidential Information; and

ensure that none of its directors, officers, employees, agents, sub-contractors or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-Clauses 7.1.1 to 7.1.4 above.

Either Party may:

disclose any Confidential Information to:

any sub-contractor or supplier of that Party;

any governmental or other authority or regulatory body; or

any employee or officer of that Party or of any of the aforementioned persons, parties or bodies;

to such extent only as is necessary for the purposes contemplated by this Agreement (including, but not limited to, the provision of the Services), or as required by law.  In each case that Party shall first inform the person, party or body in question that the Confidential Information is confidential and (except where the disclosure is to any such body under sub-Clause 7.2.1.2 or any employee or officer of any such body) obtaining and submitting to the other Party a written confidentiality undertaking from the party in question. Such undertaking should be as nearly as practicable in the terms of this Clause 7 to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made; and

use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is at the date of this Agreement, or at any time after that date becomes, public knowledge through no fault of that Party. In making such use or disclosure, that Party must not disclose any part of the Confidential Information that is not public knowledge.

The provisions of this Clause 7 shall continue in force in accordance with their terms, notwithstanding the termination of this Agreement for any reason.

Force Majeure

No Party to this Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, epidemic or pandemic (whether naturally occurring or man-made) or any other event that is beyond the control of the Party in question.

Term and Termination

This Agreement shall come into force on the Commencement Date and shall continue on a monthly basis from that date, until terminated by either Party on not less than 30 days’ prior written notice unless specified otherwise in a Quotation.

Either Party may immediately terminate this Agreement by giving written notice to the other Party if:

any sum owing to that Party by the other Party under any of the provisions of this Agreement is not paid within 15 Business Days of the due date for payment;

the other Party commits any other breach of any of the provisions of this Agreement and, if the breach is capable of remedy, fails to remedy it within 10 Business Days after being given written notice giving full particulars of the breach and requiring it to be remedied;

an encumbrancer takes possession, or where the other Party is a company, a receiver is appointed, of any of the property or assets of that other Party;

the other Party makes any voluntary arrangement with its creditors or, being a company, becomes subject to an administration order (within the meaning of the Insolvency Act 1986);

the other Party, being an individual or firm, has a bankruptcy order made against it or, being a company, goes into liquidation (except for the purposes of bona fide amalgamation or re-construction and in such a manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on that other Party under this Agreement);

anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other Party;

that other Party ceases, or threatens to cease, to carry on business; or

For the purposes of sub-Clause 9.2.2, a breach shall be considered capable of remedy if the Party in breach can comply with the provision in question in all respects.

The rights to terminate this Agreement given by this Clause 9 shall not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach.

Effects of Termination

Upon the termination of this Agreement for any reason:

any sum owing by either Party to the other under any of the provisions of this Agreement shall become immediately due and payable;

all Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of this Agreement shall remain in full force and effect;

termination shall not affect or prejudice any right to damages or other remedy which the terminating Party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any Party may have in respect of any breach of this Agreement which existed at or before the date of termination;

subject as provided in this Clause 10 and except in respect of any accrued rights neither Party shall be under any further obligation to the other; and

each Party shall (except to the extent referred to in Clause 7) immediately cease to use, either directly or indirectly, any Confidential Information, and shall immediately return to the other Party any documents in its possession or control which contain or record any Confidential Information.

No Waiver

No failure or delay by either Party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

Further Assurance

Each Party shall execute and do all such further deeds, documents and things as may be necessary to carry the provisions of this Agreement into full force and effect.

Costs

Subject to any provisions to the contrary each Party to this Agreement shall pay its own costs of and incidental to the negotiation, preparation, execution and carrying into effect of this Agreement.

Set-Off

Neither Party shall be entitled to set-off any sums in any manner from payments due or sums received in respect of any claim under this Agreement or any other agreement at any time.

Assignment and Sub-Contracting

Subject to sub-Clause 15.2, this Agreement is personal to the Parties.  Neither Party may assign, mortgage, charge (otherwise than by floating charge) or sub-licence or otherwise delegate any of its rights hereunder, or sub-contract or otherwise delegate any of its obligations hereunder without the written consent of the other Party, such consent not to be unreasonably withheld.

WtW shall be entitled to perform any of the obligations undertaken by it through any other member of its group or through suitably qualified and skilled sub-contractors.  Any act or omission of such other member or sub-contractor shall, for the purposes of this Agreement, be deemed to be an act or omission of WtW.

Time

The Parties agree that all times and dates referred to in this Agreement shall be of the essence of this Agreement.

Relationship of the Parties

Nothing in this Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in this Agreement.

Privacy Legislation

Each Party agrees that, in the performance of their respective obligations under this Agreement, it shall comply with the provisions of the Privacy Legislation to the extent it applies to each of them.

Third Party Rights

Unless it expressly states otherwise, this Agreement does not give rise to any rights under the Contract (Third Party Rights) (Scotland) Act 2017 for any third party to enforce or otherwise invoke any term of this Agreement. 

Subject to this Clause 18 this Agreement shall continue and be binding on the transferee, successors and assignees of either Party as required.

Notices

All notices under this Agreement shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.

Notices shall be deemed to have been duly given:

when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or

when sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or

on the fifth Business Day following mailing, if mailed by national ordinary mail, postage prepaid; or

on the tenth Business Day following mailing, if mailed by airmail, postage prepaid.

In each case notices shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.

Entire Agreement

This Agreement contains the entire express agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.

Each Party acknowledges that, in entering into this Agreement, it does not rely on any representation, warranty or other provision except as expressly provided in this Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

Severance

In the event that one or more of the provisions of this Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of this Agreement.  The remainder of this Agreement shall be valid and enforceable.

Law and Jurisdiction

This Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of Scotland.

Any dispute, controversy, proceedings or claim between the Parties relating to this Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the exclusive jurisdiction of the Scottish courts.

SCHEDULE 1

PART 1: SERVICES

Shall be as detailed in the relevant Quotation but shall typically be selected from the following:

Free hire of bed linen, towels etc. to be accounted for and returned to WtW in accordance with this Agreement;

Provision of laundry bags of sufficient quantity per Quotation;

Drop off and collection of clean and dirty laundry (different pricing applies)

Delivery (usually bigger contract, delivery included in the price) 

Selling eco-friendly - consumables, cleaning products, and toiletries

Selling guest welcome boxes and supplies

Washing and drying and ironing laundry

PART 2: FEES

Option 1: Standard Bedroom with 2-Day Collection

Price: £15 per bedroom

Delivery: Not included

Option 2: Standard Bedroom with Delivery

Price: £25 per bedroom

Minimum: Over 5 bedrooms

Delivery: Included

Option 3: 12-Month Contract with Bulk Discount

Price: £23 per bedroom

Minimum: Over 10 bedrooms

Delivery: Included

Our service includes washing, drying, ironing and folding.

What is Standard Bedroom?

2 x single bed + 4 towels + bath mat

1 x double bed (king) + 4 towels + bath mat