| 5.4 | The best results are expected by the usage of products recommended by Tile Doctor and any quality of cleaning can not be assured with any other product. The Client will be responsible for all losses and damages if he: |
| 5.4.1 requires the cleaning by any products other than or in addition to Tile Doctor’s products; or |
| 5.4.2 instructs Tile Doctor in the course of cleaning. |
| 5.5 | Tile Doctor will perform any deep clean or specialised cleaning of any antique, delicate or valuable items at the Client’s own risk. |
| 5.6 | Any incidental costs incurred by Tile Doctor as a result of the Client's action will be fully reimbursed by the Client immediately. |
| 6. | Indemnity |
| The Client is obliged to keep Tile Doctor harmless and to indemnify it against all damages and losses (including lawyer’s fee), arising in consequence to any third party claims due to following the Client’s instructions in the course of imparting the cleaning services in the Client’s premises. This right of indemnity includes, without limitation, those losses which may result from the claims or suits for libel, violations of right of privacy or a proven wrong to any third party under the law of tort. |
| 7. | Limitation of Liability |
| 7.1 | The following provisions set out Tile Doctor’s entire liability (including any liability for the acts and/or omissions of its employees, agents, franchisees or sub-contractors) to the Client in respect of: |
| 7.1.1 any breach of its contractual obligations arising under these terms; and |
| 7.1.2 any representation statement or tortuous act or omission including negligence arising under or in connection with these terms. |
| 7.2 | Tile Doctor’s entire liability in respect of any event of default shall be limited to damages of an amount equal to the total invoice value of sales of the products and services to the Client. |
| 7.3 | Tile Doctor shall not be liable to the Client in respect of any event of default for loss of profits, goodwill or any type of special, indirect or consequential loss (including loss or damage suffered by the Client as a result of an action brought by any third party) even if such loss was reasonably foreseeable or Tile Doctor had been advised of the possibility of the Client incurring the same. |
| 7.4 | Tile Doctor agrees that whilst engaged in any assignment on the premises of the Client it will comply with: |
| 7.4.1 all laws and regulations relating to work; |
| 7.4.2 reasonable instructions of the Client, including where appropriate regulations directed to employees of the Client. |
| 8. | Data protection |
| The Client agrees that Tile Doctor may process all personal data of the Client which relates to this agreement either directly or through a third party bound by a duty of confidentiality. |
| 9. | Confidentiality |
| The Client will not divulge to any person whatever or otherwise make use of (and shall use his best endeavour to prevent the publication or disclosure of) any trade secret or confidential information of Tile Doctor which he may be aware of during the course of agreed cleaning services. |
| 10. | Force majeure |
| Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including acts of God, fire, natural disaster, war or military hostilities. |
| 11. | Waiver |
| The failure by either party to enforce at any time or for any period any one or more of these terms shall not be a waiver of them or of the right at any time subsequently to enforce all terms. |
| 12. | Notices |
| Any notice to be served on either of the parties by the other shall be sent by pre paid recorded delivery and shall be deemed to have been received by the addressee within 72 hours of posting. |
| 13. | Jurisdiction |
| These terms shall be interpreted according to the Laws of England and the parties agree to submit to the exclusive jurisdiction of the English courts. |