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Terms and conditions

Terms and Conditions

These terms and conditions state the full and complete service agreement (the “Agreement”) between you (“Client”) and («Contractor») Sole Trader: Marina Kozhukhova trading as 5STARS CLEANING AU,  Minyama, QLD 4575, Australia, ABN 64598395691for the provision of services by "Contractor".  Please take some time to read this Agreement.  Use of our services assumed your acceptance of these terms and conditions.

  1. Cleaning Services

a. Subject to the terms of this Agreement, 5STARS CLEANING AU («Contractor») agrees to provide commercial or residential cleaning services (the “Service”) to the customer at an address provided by the Client (the “Premises”).

b.  The cleaning Service will be provided as agreed with the Client at the time of booking.

c. «Contractor» will organise one or more cleaners (the “Cleaner”) to clean the Premises at a time and date agreed between «Contractor» and the Client.

d. «Contractor» endeavours to provide the Service faithfully, diligently and in a timely and professional manner. 

  1. Additions and Amendments

a. Any changes to the Service to be provided must be confirmed by "Contractor" prior to the Service Time. 

b.  If the Client requires any additional services or variations at the time the Service is being performed, the Client must first contact «Contractor »by phone, who may agree to provide the additional services in its absolute discretion.The Client must not request changes directly from the Cleaner.

  1. Customer Representations and Warranties

The Client represents and warrants that:

a.  It will be a safe working environment at the Premises for the Cleaner to perform the Service;

b.  The Cleaner will have access to those areas of the Premises requiring the Service;

c.  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;

d.  All cleaning equipment and materials provided by the Client are safe, have not been tampered with and are in full working order;

e.  It will advise «Contractor» prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, at the Premises;

f.  It is authorised to use the Premises and obtain the provision of Service;

g.  If the Client 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

h.  It will secure or remove any fragile, delicate, breakable or valuable items, including cash, jewellery, works of art, antiques, or items of sentimental value prior to the commencement of the cleaning Service.

  1. Health and Safety Risks

In addition to the obligations and warranties set out in clause 3 above, the Client acknowledges and agrees that:

a.  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;

b.  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 Client if the Cleaner thinks, in their absolute discretion, that the use of such materials or cleaning equipment poses a risk to health and safety.

c.  The Cleaner may, either before or during the provision of the Service not provide or cease the provision of the Service were carrying out the Service presents, in the absolute discretion of the Cleaner, a risk to health and safety.

  1. No Engagement of Cleaners

a. The Client acknowledges «Contractor» invests significant resources in recruiting, selecting and training its Cleaners. Unless «Contractor» gives prior written permission, the Client 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 «Contractor» or for a period of 12 months after the conclusion of any Service.

b.  The Client acknowledges that «Contractor» may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Client.

  1. Job Estimates

a.  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 the time of Contract signing.

b.  Any price quoted by Contractor is an estimate only based on experience, and based on information provided by the Client.  Subject to this clause, quotes are valid for a period of 30 days from the date of the quote.

c.  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 «Contractor». «Contractor» will provide the Client with the option to pay an increased fee to complete the Service, or pay the quoted amount without the Service being completed.

 

  1. Bookings

a.  The Client may make a booking either in person or by telephone, fax, and email or on the «Contractor» website.

b.  At the time of booking the Client must provide details of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime located at the Premises;

c.  «Contractor» provides all quotations at the time of booking.

d. The Client agrees to provide «Contractor» with their valid credit card details at the time of booking authorisesauthorizes «Contractor» to debit any card with an amount equal to any service and/or cancellation fees that may apply under this Agreement.

e. «Contractor» reserves the right not to accept a booking for any reason.

  1. Payment Terms

a. The Client agrees to pay the price quoted by «Contractor» in full prior to or at the Service Time unless otherwise agreed.

b.  If no payment has been made by the Service Time, «Contractor» will use reasonable endeavors to contact the Client for payment. In the event that «Contractor» cannot contact the Customer or payment is not made by the Service Time, the Customer will be deemed to have canceled the Service, and the Customer must pay any cancellation fees or charges due set out in clause 16.

c. Payments may be made via bank transfe or in cash. Payments by bank transfer should be made to:

Account Name: Marina Kozhukhova

ABN: 64598395691

Bank name: Commonwealth Bank

Account BSB: 065108

Account No: 10379593

Transaction Ref: Invoice Number

  1. GST

a.  Unless specified otherwise, all prices and quotations are expressed to be exclusive of GST.

  1. Late Payment Fee

a.  Where «Provider» 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.

b.  The Client agrees that if «Contractor» has not received payment in full for the Service within one calendar month of the original invoice date then a late payment fee of $3% from the invoice applies per month.

c.  In addition to the amounts set out above, the Customer agrees to indemnify «Provider» for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by «Provider» 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.

  1. Non-appearance

If a Cleaner fails to attend the Premises within 1 hour of the Service Time and does not provide the requested Service, «Provider» will provide the Customer at their discretion with either:

a.  A full refund of payments made by the Customer; or

b.  Reschedule the Service at another time mutually agreed between the Customer and «Provider».

  1. Complaints

If the Customer is dissatisfied for any reason with the Service provided, it must inform «Provider» within 24 hours of completion of the Service. «Provider» strives to achieve 100% customer satisfaction and will endeavor to resolve the problem quickly and efficiently. Subject to clause 13, «Provider» may, at its discretion, offer the Customer either of the following:

a.  A partial or full refund;

b.  Re-supply of the Service without charge;

c.  Such other remedy as deemed appropriate by «Provider».

  1. Exclusions and Limitations

a.  The only conditions and warranties which are binding on «Provider» in respect of the state, quality or condition of goods and services supplied by «Provider» to Customers are those imposed and required to be binding by statute (including the Competition and Consumer Act 2010)

b.  To the extent permitted by statute, the liability, if any, of «Provider» is, at «Provider's» option, limited to and completely discharged by the resupply of the Service. «Provider» is not responsible for:

c.  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

d.  Any damages caused by defective cleaning materials or cleaning equipment provided by the Customer;

e.  Not completing or providing the Service as a result of the Cleaner not proceeding for health and safety reasons under clause 4;

f.  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 «Provider»

g.  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 «Provider» 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 «Provider» gives no guarantee as to the actual results of the Service.

13.4 Except to the extent provided in this clause, «Provider» has no liability (including liability for 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 «Provider» (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 «Provider»).

  1. Indemnity

The Customer indemnifies «Provider» against:

a.  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 «Provider» 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 «Provider») irrespective of whether the provisions of clause 13 are declared void or severed from these terms; and

b.  All legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by «Provider» in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal) as a consequence of «Provider» providing the services to the Customer and including any action taken for the recovery of the recovery of the debt from the Customer.

  1. Accidents, Breakage, Damage & Theft

a.  The Customer must inform «Provider» 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.

b.  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 «Provider» within 24 hours of completion of the Service.

c.  To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of «Provider» under these terms and conditions: cash, jewelry, art, antiques, and items of sentimental value.

  1. Cancellation Fees

a.  The Customer must provide «Provider» with at least 24 hours’ notice prior to the Service Time if they wish to suspend, postpone or cancel the Service for any reason.

b.  In the event that such notice has been given, «Provider» will endeavor to reschedule the Service if required.

c.  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 ($70) for administrative costs and loss.

  1. Fee for Non-access to Premises

In the event that the Customer does not provide unencumbered access to the Premises for «Provider» or its Cleaners to provide the Service, the Customer agrees to pay a cancellation fee equivalent to 2 hours cleaning ($70) for administrative and travel costs.

  1. Termination

a.  This Agreement may be terminated by the Customer by providing at least 1 weeks’ notice prior to the Service Time.

b.  Subject to clause 18.3, «Provider» may terminate this Agreement by providing the Customer with at least 1 weeks’ notice prior to the Service Time.

c.  «Provider» may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of «Provider», that breach is incapable of remedy.

  1. Privacy Policy

a.  The Customer acknowledges that any information provided by the Customer may be used by «Provider» for the purpose of providing the Service. «Provider» agrees not to share any information provided by the Customer to any third party not directly involved in the provision of the Service (unless required to do so by law).

b.  The Customer agrees to «Provider» 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.

c. «Provider» will take all reasonable precautions to protect the personal information provided by the Customer from loss, misuse, unauthorized access or disclosure, alteration or destruction.

  1. Changes to this Agreement

a.  «Provider» 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.

b.  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.

  1. Law & Jurisdiction

The Customer and «Provider» 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.