Free SA cleaning services contract template

1. Definitions

1. 1.1 "Agreement" — this document including its Schedules.
2. 1.2 "Premises" — the sites listed in Schedule A.
3. 1.3 "Services" — the cleaning services described in Schedule B.
4. 1.4 "Service Records" — records evidencing performance of the Services, including photographic evidence, timestamps, location data, checklists and supervisor sign-offs.
5. 1.5 "Commencement Date" — [date].
6. 1.6 "Personal Information" — as defined in the Protection of Personal Information Act 4 of 2013 ("POPIA").

2. Appointment and term

1. 2.1 The Client appoints the Contractor to render the Services at the Premises from the Commencement Date.
2. 2.2 The Agreement runs for an initial period of [6/12] months and thereafter continues until terminated by either party on [30/60/90] days' written notice.
3. 2.3 Either party may terminate immediately on written notice if the other commits a material breach and fails to remedy it within 14 days of written demand.

3. The Services

1. 3.1 The Contractor will render the Services described in Schedule B at the frequencies and times set out there, with reasonable skill and care and in line with industry practice.
2. 3.2 Changes to scope, frequency or specification must be agreed in writing (email suffices) and take effect from the next billing cycle unless otherwise agreed.
3. 3.3 The Contractor may not sub-contract the Services without the Client's prior written consent.

4. Proof of service and records

1. 4.1 The Contractor will keep Service Records for each service visit, including: (a) date, time and duration of the visit; (b) the areas serviced against the agreed checklist; (c) photographic evidence of completed work where the Schedule requires it; and (d) records of any incident, damage or access problem.
2. 4.2 The Contractor will make the Service Records for a billing period available to the Client on request, and in any event before payment of the relevant invoice falls due if the Client disputes performance.
3. 4.3 The parties agree that Service Records kept in an electronic system in the ordinary course of business are admissible as evidence of the matters they record, without further proof, subject to a party's right to rebut them.
4. 4.4 A service visit recorded as completed in the Service Records, and not disputed in writing within [7] days of the record being made available, is deemed accepted.

5. Fees and payment

1. 5.1 The Client will pay the fees set out in Schedule C monthly in arrears within [30] days of invoice.
2. 5.2 Fees escalate annually on the anniversary of the Commencement Date by [CPI / CPI + x% / x%], provided the Contractor gives 30 days' written notice of the adjusted fees. Drafting note: contract-cleaning wage minimums are set by sectoral determination and bargaining council agreements and typically adjust annually — align your escalation date and basis with that cycle.
3. 5.3 Amounts unpaid on due date bear interest at the prescribed rate of interest from due date to payment.
4. 5.4 The Client may not withhold payment of undisputed amounts. If the Client disputes an invoice it must give written notice within [7] days, identifying the visits disputed, and the parties will first review the Service Records for those visits (clause 12).

6. Staff, employment and the LRA

1. 6.1 All persons rendering the Services are employees of the Contractor. Nothing in this Agreement creates an employment relationship between the Client and any such person.
2. 6.2 The Contractor is responsible for its employees' wages, statutory deductions, UIF, COIDA registration and compliance with the wage and condition minimums applicable to the contract cleaning sector.
3. 6.3 The parties record that on termination of this Agreement and the appointment of another service provider, section 197 of the Labour Relations Act 66 of 1995 may apply to the transfer of the contract as a going concern. Each party will co-operate in good faith regarding any resulting obligations.
4. 6.4 The Client may, on reasonable written grounds (including security or misconduct concerns), require the Contractor to remove a specific employee from the Premises, and the Contractor will do so without this constituting an instruction to dismiss.

7. Health, safety and access

1. 7.1 The Contractor will comply with the Occupational Health and Safety Act 85 of 1993 at the Premises, including provision of appropriate personal protective equipment and safety data sheets for chemicals used.
2. 7.2 The Client will provide safe access to the Premises, water, electricity and reasonable storage for equipment and materials, and will inform the Contractor of site-specific hazards and rules.
3. 7.3 Keys, tags and access cards issued to the Contractor remain the Client's property; loss must be reported within 24 hours and the reasonable replacement cost is for the Contractor's account.

8. Protection of personal information (POPIA)

1. 8.1 Each party will comply with POPIA in respect of Personal Information processed under this Agreement.
2. 8.2 To the extent the Contractor processes Personal Information on the Client's behalf (for example access registers or CCTV-adjacent records), the Contractor acts as operator, will process it only on the Client's instructions, will keep it confidential, and will secure it with appropriate, reasonable technical and organisational measures (section 20 and 21 of POPIA).
3. 8.3 Where the Contractor's service-verification system captures Personal Information of the Contractor's own employees (names, photographs, device location at capture), the Contractor is the responsible party for that processing and warrants that it has complied with POPIA in respect of its employees, including the required notifications.
4. 8.4 A party must notify the other without undue delay of any security compromise involving Personal Information processed under this Agreement.

9. Insurance and liability

1. 9.1 The Contractor will maintain public liability insurance of not less than R[__] million per occurrence and will provide proof on request.
2. 9.2 The Contractor is liable for physical loss or damage to the Client's property caused by the negligence of the Contractor's employees in rendering the Services, limited per incident and in aggregate per year to [the greater of the insured amount / R[__]].
3. 9.3 Neither party is liable to the other for indirect or consequential loss. Nothing in this Agreement limits liability that cannot lawfully be limited.

10. Performance review

1. 10.1 The parties will review service quality [monthly/quarterly] against the Schedule B specifications and the Service Records.
2. 10.2 Persistent failures (three or more substantiated complaints in a billing period, or an inspection score below the agreed threshold where inspections are in use) constitute material breach for the purposes of clause 2.3.

11. Confidentiality

1. Each party will keep confidential the other's business information obtained under this Agreement and use it only for performing this Agreement. This clause survives termination for [2] years.

12. Dispute resolution

1. 12.1 A dispute about whether Services were rendered begins with a joint review of the Service Records for the disputed visits, within 5 business days of written notice of the dispute.
2. 12.2 Disputes not resolved by the review escalate to the parties' designated senior representatives, and failing resolution within 14 days, to mediation, and failing that to arbitration under AFSA rules / the courts.
3. 12.3 Nothing prevents either party from seeking urgent interim relief from a court.

13. General

1. 13.1 This Agreement is the whole agreement; amendments must be in writing and signed. No indulgence is a waiver.
2. 13.2 Neither party is liable for failure caused by events beyond its reasonable control, provided the affected party gives prompt notice and mitigates.
3. 13.3 Notices: each party chooses the address and email in Schedule D as its domicilium citandi et executandi. Legal notices may be given by hand, registered post or email (email deemed received on the first business day after transmission).
4. 13.4 Governing law: South Africa.

Signature

Schedules