Terms of Service
Enviroclean Australia – Terms of Service – 16 December 2016
These terms and conditions constitute the full and complete service agreement (the “Agreement”) between you (the “Customer”) and Enviroclean Australia Pty Ltd (Trading as Enviroclean Australia Pty Ltd) of 80 Mica Street, Carole Park QLD 4300, Australia for the provision of services by Enviroclean Australia Pty Ltd. Please take some time to review this Agreement. Use of our services constitutes your acceptance of these terms and conditions.
1. Commercial and Residential Cleaning Services
1.1 Subject to the terms of this Agreement, Enviroclean Australia Pty Ltd agrees to provide commercial and residential cleaning services (the “Service”) to the customer at an address specified by the Customer (the “Premises”).
1.2 The Service will be for such cleaning duties as agreed with the Customer at the time of booking.
1.3 Enviroclean Australia Pty Ltd will provide one or more cleaners (the “Cleaner”) to attend the Premises to provide the
Service at a time and date mutually agreed between Enviroclean Australia Pty Ltd and the Customer (the “Service Time”).
1.4 Enviroclean Australia Pty Ltd endeavors to provide the Service faithfully, diligently and in a timely and professional manner.
2. Additions and Amendments
2.1 Any changes to the Service to be provided must be agreed by Enviroclean Australia Pty Ltd prior to the Service Time.
2.2 If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact Enviroclean Australia Pty Ltd by telephone, who may agree to provide the additional services in its absolute discretion. The Cleaner is not authorized to agree to any changes to the Service being provided. The
Customer must not request such changes directly from the Cleaner.
3. Customer Representations and Warranties
The Customer represents and warrants that:
3.1 It will provide a safe working environment at the Premises for the Cleaner to perform the Service;
3.2 The Cleaner will have unencumbered and unobstructed access to those areas of the Premises requiring the Service;
3.3 It will provide the Cleaner with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required by the Cleaner to provide the Service;
3.4 All cleaning equipment and materials provided by the Customer are safe, have not been tampered with and are in full working order;
3.5 It will advise Enviroclean Australia Pty Ltd prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, at the Premises;
3.6 It is authorized to use the Premises and obtain the provision of Service;
3.7 If the Customer requires the Cleaner to clean behind or under any heavy items (eg. a fridge, bookshelf, or other furniture), it will move those items prior to the commencement of the Service; and
3.8 It will secure or remove any fragile, delicate, breakable or valuable items, including cash, jewelry, works of art, antiques, or items of sentimental value prior to the commencement of the Service.
4. Health and Safety Risks
In addition to the obligations and warranties set out in clause 3 above, the Customer acknowledges and agrees that:
4.1 The Cleaner is entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk at the Premises;
4.2 The Cleaner may, either before or during the provision of the Service not use or cease using any materials or cleaning equipment provided by the Customer if the Cleaner thinks, in their absolute discretion, that the use of such materials or cleaning equipment poses a risk to health and safety.
4.3 The Cleaner may, either before or during the provision of the Service not provide or cease the provision of the Service where carrying out the Service presents, in the absolute discretion of the Cleaner, a risk to health and safety.
5. No Engagement of Cleaners
5.1 The Customer acknowledges Enviroclean Australia Pty Ltd invests significant resources in recruiting, selecting and training its Cleaners. Unless Enviroclean Australia Pty Ltd gives prior written permission, the Customer must not, directly or indirectly, engage, employ or contract with any Cleaner to provide any cleaning services to the Customer or any associate
of the customer for any period during which services are provided by Enviroclean Australia Pty Ltd or for a period within 12 months after the conclusion of any Service.
5.2 The Customer acknowledges that Enviroclean Australia Pty Ltd may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Customer.
6. Job Estimates
6.1 The actual price payable by the Customer is calculated on the total number of hours worked by the Cleaner and/or by the quoted contracted time allocated at time of Contract signing.
6.2 Any price quoted by Enviroclean Australia Pty Ltd is an estimate only based on Enviroclean Australia Pty Ltd’s experience, and based on information provided by the Customer. Subject to this clause, quotes are valid for a period of 30 days from the date of the quote.
6.3 If at the commencement or during the course of providing the Service, it is apparent that the actual cost of the Service will exceed the quote provided by Enviroclean Australia Pty Ltd will provide the Customer with the option to pay an increased fee to complete the Service, or pay the quoted amount without the Service being completed.
6.4 The Customer must inform Enviroclean Australia Pty Ltd whether any cleaning services required is only short term at the time of quotation.
7.1 The Customer may make a booking either in person either by, telephone, fax, and email or on the Enviroclean Australia Pty Ltd website.
7.2 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;
7.3 Enviroclean Australia Pty Ltd provides all quotations at the time of booking.
7.4 The Customer agrees to provide Enviroclean Australia Pty Ltd with their valid credit card details at the time of booking, and authorizes Enviroclean Australia Pty Ltd to debit any card with an amount equal to any service and/or cancellation fees that may apply under this Agreement.
7.5 Enviroclean Australia Pty Ltd reserves the right not to accept a booking for any reason.
8. Payment Terms
8.1 The Customer agrees to pay the price quoted by Enviroclean Australia Pty Ltd in full prior to or at the Service Time, unless otherwise agreed in advance with Enviroclean Australia Pty Ltd in which a 7 day after end of month account would be setup.
8.2 If no payment has been made by the Service Time, Enviroclean Australia Pty Ltd will use reasonable endeavors to contact the Customer for payment. In the event that Enviroclean Australia Pty Ltd cannot contact the Customer or payment is not made by the Service Time, the Customer will be deemed to have cancelled the Service, and the Customer must
pay any cancellation fees or charges due set out in clause 16.
8.3 Payments may be made via bank transfer, cheque or in cash. Payments by bank transfer should be made to:
Account Name: Enviroclean Australia Pty Ltd
Account BSB: 638-060
Account No: 12490784
Transaction: Ref “your Invoice Number”
8.4 Cheque payments should be made payable to Enviroclean Australia Pty Ltd.
9.1 Unless specified otherwise, all prices and quotations are expressed to be inclusive of GST.
9.2 If GST is payable in respect of anything supplied to the Customer under this Agreement, then the amount which the Customer is obliged to pay for that supply (Original
Amount) will (subject to the receipt of a valid tax invoice) be grossed up so that Enviroclean Australia Pty Ltd receives an amount which, after subtracting the GST liability of Enviroclean Australia Pty Ltd, results in Enviroclean Australia Pty Ltd retaining the Original Amount
10. Late Payment Fee
10.1 Where Enviroclean Australia Pty Ltd has agreed to invoice the Customer for payment of fees after the Service has been completed, the Customer agrees to pay in full, all fees due, within 30 days of the invoice date.
10.2 The Customer agrees that if Enviroclean Australia Pty Ltd has not received payment in full for the Service within one calendar month of the original invoice date then a late payment fee of $15 applies per month.
10.3 In addition to the amounts set out above, the Customer agrees to indemnify Enviroclean Australia Pty Ltd for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Enviroclean Australia Pty Ltd in connection with a demand, action, or other proceeding (including mediation, out of court settlement or any action taken for recovery of debt from the Customer) arising out of a breach of these terms including the failure by the Customer to pay an amount by the due date.
If a Cleaner fails to attend the Premises within 1 hour of the Service Time and does not provide the requested Service, Enviroclean Australia Pty Ltd will provide the Customer at their discretion with either:
11.1 A full refund of payments made by the Customer; or
11.2 Reschedule the Service at another time mutually agreed between the Customer and Enviroclean Australia Pty Ltd.
If the Customer is dissatisfied for any reason with the Service provided, it must inform Enviroclean Australia Pty Ltd within 24 hours of completion of the Service. Enviroclean Australia Pty Ltd strives to achieve 100% customer satisfaction and will endeavor to resolve the problem quickly and efficiently. Subject to clause 13, Enviroclean Australia Pty Ltd may, at its discretion, offer the Customer either of the following:
12.1 A partial or full refund;
12.2 Re-supply of the Service without charge;
12.3 Such other remedy as deemed appropriate by Enviroclean Australia Pty Ltd.
13. Exclusions and Limitations
13.1 The only conditions and warranties which are binding on Enviroclean Australia Pty Ltd in respect of the state, quality or condition of goods and services supplied by Enviroclean Australia Pty Ltd to Customers are those imposed and required to be binding by statute (including the Competition and Consumer Act 2010)
13.2 To the extent permitted by statute, the liability, if any, of Enviroclean Australia Pty Ltd is, at Enviroclean Australia Pty Ltd’s option, limited to and completely discharged by the resupply of the Service. Enviroclean Australia Pty Ltd is not responsible for:
13.2.1 Not completing or providing the Service as a result of a breach of a warranty by the Customer in clause 3 (including a failure by the Customer to provide proper materials, cleaning equipment, utility services, a safe working environment or unencumbered access to the Premises); or
13.2.2 Any damages caused by defective cleaning materials or cleaning equipment provided by the Customer;
13.2.3 Not completing or providing the Service as a result of the Cleaner not proceeding for health and safety reasons under clause 4;
13.2.4 Any loss or damage incurred by the Customer or any third party as a result of the effects of a force majeure, being any event beyond the reasonable control of Enviroclean Australia Pty Ltd;
13.2.5 Not completing or providing the Service due to an act or omission of the Customer or any other person at the Premises during provision of the Service;
13.2.6 Existing dirt, wear, damage or stains that cannot be completely cleaned or removed;
13.2.7 Any wear or discoloring of fabric or surfaces becoming more visible once dirt has been removed;
13.2.8 Any loss incurred as a result of any breakage or damage to goods, items of value (including antiques, items of sentimental value) or the Premises; or
13.2.9 The cost of any key replacement or locksmith fees, unless keys were lost by Enviroclean Australia Pty Ltd or the Cleaner.
13.3 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), and that Enviroclean Australia Pty Ltd gives no guarantee as to the actual results of the Service.
13.4 Except to the extent provided in this clause, Enviroclean Australia Pty Ltd has no liability (including liability in negligence) to any person for any loss or damage, consequential or otherwise, suffered or incurred by that person in relation to the products or services provided by Enviroclean Australia Pty Ltd (including any loss caused by, or resulting directly or
indirectly from, any failure, defect or deficiency or any kind of or in the products used or services provided by Enviroclean Australia Pty Ltd).
The Customer indemnifies Enviroclean Australia Pty Ltd against:
14.1 All losses or liabilities arising directly or indirectly as a result of the provision of the service including all losses or liabilities caused as a result of a breach of the warranties
of the Customer set out in clause 3, or where the liability of Enviroclean Australia Pty Ltd is excluded or limited by virtue of the provisions of clause 13 (whether the losses or liabilities
are caused by the negligence, breach of contract, breach of statutory duty or other act, omission, breach or failure of Enviroclean Australia Pty Ltd) irrespective of whether the provisions of clause 13 are declared void or severed from these terms; and
14.2 All legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Enviroclean Australia Pty Ltd in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal) as a consequence of Enviroclean Australia Pty Ltd providing the services to the Customer and including any action taken for the recovery of the recovery of the debt from the Customer.
15. Accidents, Breakage, Damage & Theft
15.1 The Customer must inform Enviroclean Australia Pty Ltd of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Cleaner within 24 hours of completion of the Service.
15.2 To the extent permitted by law, the Customer is not entitled to claim any loss for any incident if the incident is not reported to Enviroclean Australia Pty Ltd within 24 hours of completion of the Service.
15.3 To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of Enviroclean Australia Pty Ltd under these terms and conditions: cash, jewelry, art, antiques, and items of sentimental value.
16. Cancellation Fees
16.1 The Customer must provide Enviroclean Australia Pty Ltd with at least 24 hours’ notice prior to the Service Time, if they wish to suspend, postpone or cancel the Service for any reason.
16.2 In the event that such notice has been given, Enviroclean Australia Pty Ltd will endeavor to reschedule the Service if required.
16.3 In the event that the Customer does not provide 24 hours’ notice prior to the commencement of the Service, the Customer agrees to pay a cancellation fee equivalent to 2 hours cleaning (inclusive of GST) for administrative costs and loss.
17. Fee for Non-access to Premises
In the event that the Customer does not provide unencumbered access to the Premises for Enviroclean Australia Pty Ltd or its Cleaners to provide the Service, the Customer agrees to pay a cancellation fee equivalent to 2 hours cleaning (inclusive of GST) for administrative and travel costs.
18.1 This Agreement may be terminated by the Customer by providing at least 1 months’ notice prior to the Service Time.
18.2 Subject to clause 18.3, Enviroclean Australia Pty Ltd may terminate this Agreement by providing the Customer with at least 1 months’ notice prior to the Service Time.
18.3 Enviroclean Australia Pty Ltd may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of Enviroclean Australia Pty Ltd, that breach is incapable of remedy.
19.1 The Customer acknowledges that any information provided by the Customer may be used by Enviroclean Australia Pty Ltd for the purpose of providing the Service. Enviroclean Australia Pty Ltd agrees not to share any information provided by the Customer with any third party not directly involved in the provision of the Service (unless required to do so by law).
19.2 The Customer agrees to Enviroclean Australia Pty Ltd communicating with them electronically and/or via other means in order to provide the Service or for reasons related to the provision of the Service.
19.3 Enviroclean Australia Pty Ltd will take all reasonable precautions to protect personal information provided by the Customer from loss, misuse, unauthorized access or disclosure, alteration or destruction.
20. Changes to this Agreement
20.1 Enviroclean Australia Pty Ltd reserves the right to update or modify these terms and conditions at any time with at least one-week prior notice, via letter or email 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 on the website.
20.2 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 follow and be bound by the terms and conditions as changed.
21. Law & Jurisdiction
The Customer and Enviroclean Australia Pty Ltd acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of Queensland and both agree to submit to the exclusive jurisdiction of the courts of Queensland in the event of any dispute.
The Customer agrees that if any term or provision is held invalid, void or unenforceable, then that provision will be considered severable and the remaining terms and provisions shall continue to be binding.
The name ‘Enviroclean Australia Pty Ltd’ is a registered business name and whether or not Enviroclean Australia Pty Ltd has registered a trademark for use with this business name, the
Customer is prohibited from using, exploiting or misusing the name or any trademark associated therewith without first obtaining the prior written permission of Enviroclean Australia Pty Ltd.