Cleaning Services Agreement (Ghana)

A Cleaning Services Agreement in Ghana is a written contract between a client — whether a business, property owner, or institution — and a cleaning company or independent cleaning contractor, setting out the terms under which cleaning and maintenance services will be provided. The Cleaning Services Agreement (Ghana) is governed by the Contracts Act 1960 (Act 25), which establishes the legal framework for enforceable agreements in Ghana, and may also engage the Labour Act 2003 (Act 651) where the cleaning staff are employees rather than independent contractors.

The Contracts Act 1960 (Act 25) applies to all binding agreements formed in Ghana, requiring offer, acceptance, consideration, and the intention to create legal relations. A Cleaning Services Agreement satisfies these requirements by documenting the mutual obligations of the client and the service provider. Where the cleaning contractor is a company, the agreement should reference the contractor's registration under the Companies Act 2019 (Act 992) with the Office of the Registrar of Companies (ORC).

A Cleaning Services Agreement in Ghana is distinct from an Employment Contract under the Labour Act 2003 (Act 651). Where a cleaning company supplies its own staff, the agreement is a commercial services contract and the cleaning staff are employees of the contractor, not of the client. Where an individual cleaner is engaged directly without the interposition of a company, there is a risk that the High Court (Labour Division) in Accra may reclassify the relationship as employment, triggering obligations under Act 651 including minimum wage, leave entitlements, and SSNIT contributions under the National Pensions Act 2008 (Act 766).

Cleaning services agreements in Ghana are commonly used in the commercial real estate sector — for office buildings in Accra's central business district, retail malls including Accra Mall and West Hills Mall, hotels regulated by the Ghana Tourism Authority (GTA), hospitals under the Ghana Health Service (GHS), schools regulated by the Ghana Education Service (GES), and manufacturing facilities regulated by the Ghana Standards Authority (GSA). The agreement specifies whether services cover routine cleaning, deep cleaning, specialised sanitation, or post-construction cleaning.

The Income Tax Act 2015 (Act 896) requires clients to withhold 7.5% withholding tax on payments to resident non-individual contractors (companies) in Ghana and 15% on payments to resident individual contractors, remitting the withheld amounts to the Ghana Revenue Authority (GRA). The Value Added Tax Act 2013 (Act 870) requires VAT-registered cleaning companies to charge VAT at 15% on taxable supplies. The Cleaning Services Agreement should specify whether the contract price is inclusive or exclusive of VAT and withholding tax.

The legal framework governing the Cleaning Services Agreement (Ghana) in Ghana draws on several key statutes and regulatory bodies. Under the Companies Act 2019 (Act 992), the Registrar General's Department (RGD) maintains the register of Ghanaian companies. Section 7 of the Companies Act 2019 governs company incorporation. The Ghana Revenue Authority (GRA) administers corporate tax under the Income Tax Act 2015 (Act 896). The Commercial Division of the High Court in Accra adjudicates business disputes. The Ghana Investment Promotion Centre (GIPC) regulates foreign investment under the GIPC Act 2013 (Act 865). Parties executing a Cleaning Services Agreement (Ghana) in Ghana should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Contracts Act 1960 (Act 25) sets the foundational requirements.

A Cleaning Services Agreement in Ghana is needed whenever a business, institution, or property owner engages a third-party cleaning company or contractor on a recurring or project basis.

A Cleaning Services Agreement is required when a company leasing commercial office space in Accra, Kumasi, or Takoradi engages a cleaning contractor for daily, weekly, or monthly cleaning of common areas, workstations, restrooms, and reception areas, particularly where the lease agreement with the landlord requires the tenant to maintain the premises in a clean condition.

A Cleaning Services Agreement is needed when a hotel, guesthouse, or serviced apartment business regulated by the Ghana Tourism Authority (GTA) under the Tourism Act 2011 (Act 817) engages a cleaning company to provide daily room servicing, laundry, and end-of-stay deep cleaning services.

A Cleaning Services Agreement is required when a hospital, clinic, or healthcare facility under the Ghana Health Service (GHS) or the private health sector regulated by the Health Facilities Regulatory Agency (HeRAF) engages a specialised medical cleaning contractor to provide infection-control cleaning compliant with Ghana's health and safety standards.

A Cleaning Services Agreement is needed when a school, university, or educational institution regulated by the Ghana Education Service (GES) or the National Accreditation Board (NAB) engages a contractor for termly or annual deep cleaning of classrooms, laboratories, dormitories, and sports facilities.

A Cleaning Services Agreement is required when a property developer, real estate agent, or homeowner in Ghana engages a cleaning company for post-construction cleaning, end-of-tenancy cleaning, or one-off special cleaning events.

Parties in Ghana should formalise the Cleaning Services Agreement in writing before services commence to avoid disputes over scope, frequency, pricing, and liability. The Ghana Revenue Authority (GRA) requires proper documentation for VAT and withholding tax compliance.

Parties in Ghana should prepare a Cleaning Services Agreement (Ghana) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under the Companies Act 2019 (Act 992), the Registrar General's Department (RGD) maintains the register of Ghanaian companies. Section 7 of the Companies Act 2019 governs company incorporation. The Ghana Revenue Authority (GRA) administers corporate tax under the Income Tax Act 2015 (Act 896). The Commercial Division of the High Court in Accra adjudicates business disputes. The Ghana Investment Promotion Centre (GIPC) regulates foreign investment under the GIPC Act 2013 (Act 865). Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A valid Cleaning Services Agreement in Ghana must contain the following essential elements to be enforceable under the Contracts Act 1960 (Act 25).

Parties: Full legal names and addresses of the client and the cleaning service provider. Where the provider is a company registered under the Companies Act 2019 (Act 992), the ORC registration number should be included. Where the provider is an individual, their Ghana Card number should be stated.

Scope of Services: A detailed description of the cleaning services to be provided, specifying areas to be cleaned (e.g., offices, restrooms, reception, car park, external areas), the type of cleaning (routine, deep clean, specialised sanitation), materials and equipment to be supplied by the provider, and any services expressly excluded from the agreement.

Frequency and Schedule: The days and times when cleaning services will be performed, the number of cleaning staff to be deployed, and the frequency of deep-cleaning versus routine-cleaning visits.

Contract Price and Payment: The monthly or project-based fee in Ghana Cedis (GHS), the payment schedule (e.g., monthly in advance or in arrears), the bank account details of the provider at a Bank of Ghana-licensed institution, and whether the price is inclusive or exclusive of VAT at 15% under the Value Added Tax Act 2013 (Act 870) and withholding tax under the Income Tax Act 2015 (Act 896).

Equipment and Materials: Identification of which party supplies cleaning equipment, chemicals, protective gear, and consumables, and the standard of materials to be used consistent with Ghana Standards Authority (GSA) requirements.

Health and Safety: The provider's obligations to comply with the Occupational Health and Safety requirements of the Labour Act 2003 (Act 651) and the Factories, Offices and Shops Act 1970 (NLCD 328), including the use of personal protective equipment (PPE) by cleaning staff.

Liability and Insurance: Limitations on the provider's liability for damage to client property, and confirmation that the provider carries public liability insurance and employer's liability insurance for its cleaning staff.

Termination: Notice periods for termination by either party, grounds for immediate termination (e.g., persistent failure to meet service standards, fraud, breach of confidentiality), and the procedure for handover of access keys and security codes upon termination.

Governing Law: Ghana law, with disputes resolved before the High Court (Commercial Division) in Accra or by arbitration under the Alternative Dispute Resolution Act 2010 (Act 798). Forms-legal.com provides this template as a starting point for Ghana-compliant commercial agreements.

Compliance elements for the Cleaning Services Agreement (Ghana) include: withholding tax compliance under the Income Tax Act 2015 (Act 896); VAT registration verification of the provider; Ghana Revenue Authority (GRA) documentation requirements; and labour law compliance under the Labour Act 2003 (Act 651) for cleaning staff.

Additional compliance elements for a Cleaning Services Agreement (Ghana) used in Ghana include: Under the Companies Act 2019 (Act 992), the Registrar General's Department (RGD) maintains the register of Ghanaian companies. Section 7 of the Companies Act 2019 governs company incorporation. The Ghana Revenue Authority (GRA) administers corporate tax under the Income Tax Act 2015 (Act 896). The Commercial Division of the High Court in Accra adjudicates business disputes. The Ghana Investment Promotion Centre (GIPC) regulates foreign investment under the GIPC Act 2013 (Act 865). Forms-legal.com provides this template as a starting point for Ghana-compliant documentation.