These terms and conditions constitute the full and complete service agreement (the “Agreement”) between you (“you” or the “Customer”) and Adam’s Steam Cleaning Pty Ltd ACN 167 672 255 (“ASC”) of 110 Smith St, Wentworthville NSW 2145 Australia for the provision of services by ASC. These terms and conditions are accepted by you (the Customer) as evidenced by your use of the Services.
1. Definitions
Unless the subject matter or context requires otherwise the following words and expressions mean the following:
Agreement means this Service Agreement as may be amended or varied by ASC in its sole discretion.
Cancellation Fee means a fee equivalent to 25% of the proposed cost of the Service plus GST.
Cleaner means the cleaner/s provided by ASC to provide the Services.
Customer means you.
GST has the meaning given to it in the GST Act.
GST Act means the New Tax System (Goods and Services Tax) Act 1999.
Premises means the address specified by the Customer in which the Services will be performed.
Services means domestic, commercial and industrial cleaning services, including the general stain removal service.
2. The Services
Subject to the terms of this Agreement, ASC agrees to provide one or more Cleaners to the Premises to provide the Services at a time and date mutually agreed between ASC and the Customer at the time of the booking.
ASC will use its best endeavours to provide the Service faithfully and in a timely and professional matter. ASC does not however guarantee that all stains can or will be removed as a result of the Service.
Any changes to the Services must be communicated to ASC prior to the time that ASC must commence the Services.
3. Customer representations and warranties
The Customer represents and warrants that:
It will provide a safe working environment at the Premises for the Cleaner to perform the Service and agrees that the Cleaner may review the Premises to assess the health and safety risk before commencing the Service and may either not provide or cease to provide the Service where carrying out the Service presents, in the absolute discretion of the Cleaner, a risk to health and safety.
It will give the Cleaner unobstructed access to those areas of the Premises which require the Service and prior to the commencement of the Service it will:
Advise ASC of any hazards, risks or dangers, slippery surfaces.
Move any heavy objects, e.g beds, cupboards, fridge or other furniture, if the Customer requires the Cleaner to clean under or behind any objects.
Remove any fragile, breakable or valuable items.
4. Bookings
The Customer may make a booking either in person, by telephone, fax, email or via the ASC website.
At the time of booking the Customer must provide:
Details of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime located at the Premises.
Details of any special requirements, which are outside of the Cleaner’s usual Services, which may include re-arranging and lifting light objects on arrival. (Additional charges may apply to any special requirements).
Details of any pick up or drop off of keys for the Premises. (Note additional fees apply).
Valid credit card details, and by submitting these details, you authorize ASC to debit the card for the amount of the Service and any other fees that may apply (including bank fees and other fees under this Agreement).
ASC reserves the right not to accept a booking for any reason.
5. Job quotations
The price payable by the Customer is based on the initial quote. Quotes are valid for a period of 7 days from the date the quote.
While ASC will use its best endeavours to provide an accurate quotation based on ASC’s experience, prices may be subject to change, because:
Without ASC’s prior inspection of the work required, the Services required may be under estimated.
Incorrect information may be given to ASC at the initial booking; or
Extra Services may be required.
If it is apparent the actual cost of the Service will exceed the original quote given by ASC, the Cleaner will provide you with an option of either increasing the fee to complete the Service or to pay the quoted amount but not finish the Service.
6. Payment terms
The Service fee and any other fees that are payable must be paid in full to ASC prior to or at the completion of the Service, unless previously agreed with ASC.
If no payment or payment arrangement has been made by the time the Service is to be carried out, ASC will use reasonable endeavours to contact the Customer for payment. In the event the Customer cannot be contacted, the Customer will be deemed to have cancelled the Service, and must pay the Cancellation Fee.
Payments are accepted in cash, or if agreed with ASC prior to the Service, by bank transfer (and the applicable bank account details will be provided).
7. Additional Charges and GST
The Customer must not withhold, make deductions from, or set-off payment of any money owed to ASC for any reason.
ASC may charge, in addition to the price of the Service, any other fees and charges that ASC notifies to the Customer from time to time, including, but not limited to:
GST: Unless specified otherwise, all prices and quotations are expressed to be GST exclusive amounts. The Customer will be obliged to pay GST in addition to the Service, which will be reflected on a tax invoice supplied by ASC to the Customer.
Credit and Debit Card Fees: ASC will pass onto the Customer the credit card fee or the debit card fee it incurs from financial institutions when the Customer chooses to pay for the Services using either a credit card or a debit card. As at the date of this Agreement the credit card fee is 2.18% (plus GST) of the cost of the Service, and the debit card transaction fee is $0.27 (plus GST) for each debit eftpos payment. These fees will change in accordance with changes made by the financial institution.
Late payments: Where ASC has agreed to invoice the Customer for payment of the Service after the Service has been completed, the Customer agrees to pay in full, all fees due, within 7 days of the invoice date (unless another time period is agreed) (“Due Date”). If ASC has not received full payment within 7 days after the Due Date, then interest at the rate of 10% per annum will apply, calculated from the Due Date until the invoice is paid.
Pick up / drop off of keys: ASC will charge a flat rate of $50.
Excess pet hair: We are happy to clean pet hair from floors and furniture, however if this pet hair is considered excessive an additional 20% will be added to the final tax invoice.
Cancellation fees: We understand that sometimes people need to cancel. If you cancel within 24 hours of your requested booking time, you will be charged a rate of 25% of the original quoted price. ASC will use its best endeavours to reschedule the Service if it is required.
Non access to the Premises: A call out fee of $80 will apply if our Cleaners cannot get access to the Premises.
8. Non-appearance
If for some reason a Cleaner fails to attend the Premises within one (1) hour of the agreed time for the Service and fails to provide the Service, ASC will provide the Customer with either:
a full refund of the payment made by the Customer; or
offer to reschedule the Service at another time mutually agreed between the Customer and ASC.
9. Complaints
If the Customer is dissatisfied for any reason with the Service provided, it must inform ASC within 24 hours of completion of the Service. ASC strives to satisfy its Customers and will endeavour to resolve the problem quickly and efficiently.
10. Liability
The Customer acknowledges that the results of any Services provided may vary depending on a number of factors (including materials used, equipment provided, time elapsed since Premises was last cleaned, and nature of cleaning required). ASC gives no guarantee as to the actual results of the Service. ASC is not responsible for any loss or damage, or required to refund the cost of or resupply the Service, where:
- Existing dirt, wear, damage or stains cannot be completely cleaned or removed.
- Wear or discolouring of fabric or surfaces becoming more visible once dirt has been removed.
- Loss is incurred as a result of any breakage or damage to goods, items of value or the Premises.
- Any damages caused by defective cleaning materials or cleaning equipment provided by the Customer or any third party.
- The cost of any key replacement or locksmith fees, unless keys were lost by ASC or the Cleaner.
To the extent permitted by law, all conditions and warranties implied by law in respect of the state, quality or condition of the Service or in relation to the supply of the Service, are excluded. Where ASC is liable, ASC’s liability will be limited, at ASC’s option, to either the amount paid by the Customer to ASC for the particular Service or for ASC to resupply the Service.
ASC will not be liable to the Customer or any other person for any liability of any kind howsoever arising (whether under statute, contract, tort, negligence or otherwise) in relation to:
- Indirect or consequential loss whether or not in the reasonable contemplation of the parties.
- Not completing or providing the Service as a result of:
A breach of a warranty by the Customer, (including a failure by the Customer to provide a safe working environment or unencumbered access to the Premises).
The Cleaner not proceeding for health and safety reasons. - Any loss or damage incurred by the Customer or any third party as a result of the effects of a force majeure event, (being an event beyond the reasonable control of ASC).
11. Indemnity
The Customer indemnifies ASC against:
all losses or liabilities arising directly or indirectly as a result of the delivery of the Service or caused as a result of a breach of the warranties by the Customer; and
all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by ASC in connection with a demand, claim or other proceeding arising out of the Customer’s breach of this Agreement, including any failure to pay an amount by the Due Date.
12. Termination
Either party may terminate this Agreement by providing at least 24 hours’ notice prior to the time of the Service. ASC may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement.
13. Privacy policy
The Customer acknowledges that any information provided by the Customer may be used by ASC for the purpose of providing the Service. ASC complies with and is bound by the Privacy Act 1988 (Cth) and agrees not to share the Customer information with any third party not directly involved in the provision of the Service (unless required to do so by law) and will take all reasonable precautions to protect the Customer information from loss, misuse, unauthorised access or disclosure, alteration or destruction.
14. Miscellaneous
This Agreement may only be amended with ASC’s written agreement.
Any waiver by ASC must be express and in writing.
A rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this Agreement.
If any provision of this Agreement is unenforceable, the provision will be severed and the remaining provisions will continue to apply.
ASC may assign this Agreement to a third party. The Customer may only assign this Agreement with ASC’s prior written consent.
This Agreement will be governed by the law in the state of New South Wales.
ASC reserves the right to update or modify this Agreement at any time without prior notice, and may do so by publishing an updated Agreement on its website. Each updated Agreement will take effect 24 hours after it has been published. The Customer agrees that any use of the Service following any such change, whether as a single job or as part of a regular cleaning schedule, constitutes their agreement to be bound by this Agreement as amended.
In this Agreement:
- Any grammatical form of a word or expression has a corresponding meaning;
- A reference to a party includes the party’s executors, administrators, heirs, successors in title, permitted assigns and substitutes;
- A reference to a person includes a natural person, body corporate, partnership, trust, association or any governmental, administrative or judicial body, tribunal, department, commission, authority, agency, minister, corporation or instrumentality or any other entity;
- A reference to a statute, ordinance, code or other law includes regulations, rules and other instruments under the statute, ordinance, code or other law and any consolidations, amendments, re-enactments or replacements;
- Any agreement, representation, warranty or indemnity by two or more parties binds those parties jointly and severally;
- Any undertaking by a party not to do any act or thing will be deemed to include an undertaking not to permit or suffer the doing of that act or thing.
