1. Definitions

               

“ACL” means the Australian Consumer Law as set out in Schedule 2 of the CCA (as amended).

 

“CCA” means the Competition and Consumer Act 2010 (Cth) (as amended).

 

“Claim” includes, but is not limited to, a claim, notice, demand, action, suit, proceeding, litigation, investigation, judgment, damage, charge, loss (direct or consequential), cost (including solicitor and client costs), compensation, sum of money, expense or liability however arising, whether present, unascertained, immediate, future or contingent.

 

“Cleaner” means a cleaner employed or contracted by the Supplier to perform the Services.

 

“Conditions” means these terms and conditions.
 

“Contract” means the agreement between the Supplier and the Customer created by acceptance of the Quotation.

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“Customer” means the person, firm or company who or which accepts the Quotation and to whom the Quotation is addressed.

 

“GST” means goods and services tax or similar valued added tax levied or imposed in Australia pursuant to the GST law or otherwise on a supply.

 

“GST law” has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

 

“Premises” means the premises where the Services have been, or are being supplied by the Supplier.

 

“Price” means the price as quoted in the Quotation, or as otherwise agreed in writing.

 

“Quotation” means the tender, quotation, invoice or sales order attached hereto or exchanged between the Supplier and the Customer.

 

“Services” means any cleaning services specified and described in the Quotation.

 

“Supplier” means Standout Cleaning.

 

2. Acceptance

 

2.1 The Quotation constitutes an offer (subject to the Conditions) which may be accepted by the Customer verbally or in writing, within fourteen (14) days from date of issue of the Quotation subject to the Quotation being revised in whole or in part, or withdrawn prior to acceptance. After the expiry of fourteen (14) days, the Quotation automatically lapses.

 

2.2 Once the Quotation is accepted:

 

(a) the Contract cannot be amended, cancelled or delivery under the Contract deferred unless prior agreement in writing is given by the Supplier and then only on terms acceptable to the Supplier; and

(b) any change or addition to the Services must be agreed to in writing by the Supplier and will be subject to such varied or additional charges as may be specified by it.

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2.3 These Conditions apply from the time of acceptance of the Quotation as set out in clause 2.1 above, and will continue to apply to any supply of Services by the Supplier to the Customer at any time thereafter unless otherwise agreed to by the parties in writing.

 

3. Payment

 

3.1 The Supplier will issue invoices on provision of the Services.

 

3.2 The Customer shall pay to the Supplier the full Price for the Services as stated on the invoice within seven (7) days of date the invoice was issued.

 

3.3 In the event that the Customer fails to pay the Price or any balance thereof, and the Supplier has rendered Services or any part thereof to the Customer, the Supplier may, without prejudice to any other rights it may have, do any or all of the following:

 

                (a)  suspend the provision of Services to the Customer; and

                (b)  terminate the Contract and sue for damages.

 

3.4 The Customer is to pay the Supplier interest at the rate of 2% (plus GST) per month on all overdue amounts owed by the Customer to the Supplier, calculated daily.

 

3.5 Each order that a Customer places shall be deemed to include a representation that it is solvent and able to pay the Price as and when it falls due.

 

3.6 The Customer shall inform the Supplier of any facts which might reasonably affect any decision to grant the order and/or credit. Any failure to do so shall be deemed unconscionable, misleading and deceptive conduct.

 

3.7 The Customer acknowledges and agrees that:

 

(a) the Price is only for the Services set out in the Quotation;

(b) the Customer will be liable to pay all costs, expenses, charges and fees for additional Services to be supplied by the Supplier, provided that the Supplier has given prior notice to the Customer in respect of such additional Services; and

(c) clause 3 applies to all costs, expenses, charges and fees referred to in sub-clause 3.7(b) above.

 

3.8 The costs, expenses, charges and fees set out in Annexure A form part of these Conditions.

 

4. GST

               

4.1 Unless specified otherwise, the Price and all other amounts specified by the Supplier are exclusive of GST.

 

4.2 If GST is payable in respect of anything supplied by the Supplier to the Customer under the Contract, then the Customer must at the same time that it makes payment of the Price for such supply, also pay to the Supplier, the GST payable in respect of such supply.

 

5 Delivery of Services

 

5.1 The Services will be provided by the Supplier as set out in the Quotation at the Premises.

5.2 The Supplier will endeavour to provide the Services in a timely and professional manner.

 

5.3 If the Customer requires any change or addition to the Services at the time they are being performed, the Customer must contact the Supplier directly via email or SMS who may in its absolute discretion agree or not agree to the change or addition subject to such varied or additional charges as may be specified by it. The Cleaner performing the Services is not authorised to agree to any change or addition to the Services, and the Customer must not request any change or addition to the Services directly from the Cleaner.

 

5.4 The Customer shall provide to the Supplier in a timely manner all information and assistance reasonably required by the Supplier to perform the services.

 

5.5 The Supplier shall not be liable for failure or delay to provide the Services occasioned by matters beyond the Supplier’s control.

 

6. Customer Warranties

 

6.1 The Customer represents and warrants that: 

(a) it will ensure that the site is clear, free from obstruction and available to be accessed during normal working hours;

(b) it will provide a safe working environment at the Premises for the Cleaner to perform the Services;

(c) the Cleaner will have unencumbered and unobstructed access to those areas of the Premises where the Services are to be performed;

(d) it will provide the Cleaner with access to all services and utilities (including hot and cold water, electricity, lighting and rubbish bins) as required by the Cleaner to provide the Services;

(e) it will provide all usual and necessary cleaning equipment and materials required by the Cleaner to provide the Services, unless other arrangements have been made with the Supplier;

(f) all cleaning equipment and materials provided by the Customer are safe, have not been tampered with and are in full working order;

(g) it will advise the Supplier prior to the commencement of the Services of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the Premises;

(h) it is authorised to use the Premises and obtain the provision of Services;

(f) 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 Services; and

(j) 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 Services.

 

6.2 The Customer acknowledges and agrees that the Cleaner: 

(a) 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) may, either before or during the provision of the Services 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; and

(c) may, either before or during the provision of the Services not provide or cease to provide the Services where carrying out the Services presents, in the absolute discretion of the Cleaner, a risk to health and safety.

 

6.3 The Customer indemnifies the Supplier against all losses and liabilities of whatsoever nature arising directly or indirectly as a result of a breach by the Customer of its obligations under these Conditions, including (without limitation) its obligations under this clause 6.

 

7. Customer Undertaking

 

7.1. The Customer agrees that it will not directly or indirectly, engage, employ or contract with any Cleaner to provide domestic services to the Customer or any associate of the Customer for any period during which Services are being provided to the Customer or for a period of 12 months after the conclusion of such Services, without the prior written consent of the Supplier (which consent may be withheld in the absolute discretion of the Supplier).

 

7.2 The Customer acknowledges that: 

(a) the Supplier invests significant resources in recruiting, selecting and training its cleaners;

(b) the restrictions contained in this clause are fair and reasonable and reasonably required to protect the Supplier’s interests;

(c) the Supplier may suffer loss and damage, including (without limitation) consequential loss, as a result of a breach of this clause by the Customer; and

(d) monetary damages may not be adequate compensation for breach of this clause and the Supplier will be entitled to an injunction from a court of competent jurisdiction to restrain the Customer from breaching or threatening to breach this clause.

 

8. ACL Warranty

                                               

8.1 If the Services supplied are intended to be used, or are likely to be used, for personal, domestic or household use or consumption or the amount paid or payable for the Services supplied does not exceed $40,000 or any greater amount prescribed under the ACL, then the provisions of this clause operate and bind the Customer and the Supplier, but otherwise this clause has no effect whatsoever.

 

8.2 The following provision applies:

 

“Our services come with guarantees which cannot be excluded under the Australian Consumer Law. For major failures with the service you are entitled:

• to cancel your service contract with us; and

• to a refund for the unused portion, or to compensation for its reduced value.

 

You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

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If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time, and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.”

 

8.3 The benefit of the warranty provided is in addition to any other rights and remedies that the Customer may have under a law in relation to the Services to which the warranty relates, and which cannot be excluded.

 

8.4 In order to make a claim under the warranty within the specified period of warranty, the Customer must at its own cost make a claim in writing to the Supplier at its address specifying the issue complained about.

 

8.5 Upon receipt of the claim from the Customer the Supplier must investigate the claim, and if the claim satisfies the terms of the warranty then the Supplier will fulfil its obligations under the warranty as set out above.

 

8.6 Except as set out in this clause, the Supplier will not be responsible for any loss suffered or expenses incurred by the Customer when the Customer makes a claim under the warranty.

 

8.7 The Supplier will not accept any claim in respect of the Services unless such claim is received in writing within 24 hours of such Services being supplied. If a claim is not received by the Supplier within that time, then the Services will be presumed to have been acceptable, and the Supplier shall be discharged from any further obligations, responsibility, liability or claim in respect of the Services.

 

8.8 This clause is subject to the indemnity provided by the Customer under clause 6.3 above.

 

9. Limitation of Liability

 

9.1 The Supplier excludes all warranties except for:

(a) warranties that cannot be expressly excluded by reason of provisions of statute applicable to the Conditions and/or the Contract; and
(b) warranties that are expressly included and form part of the Conditions and/or Contract.

 

9.2 The Supplier’s liability for breach of any warranty, condition or undertaking whether expressed or implied is limited, at the option of the Supplier, to any one or more of the following: 

(a) the re-performance of the Services; or

(b) compensation of an amount equal to that paid by the Customer for the Services to the Supplier.

 

9.3 The Supplier shall not be liable whether in tort or in contract for any special, indirect or consequential damages, including, but not limited to:

(a) damage for loss of revenue;

(b) costs incurred in connection with substitute premises;

(c) loss suffered by any third party; and

(d) loss of any actual or anticipated profits.

Without limiting clause 9.3 in any way, the Supplier shall not be liable on any basis for any damage to or loss of jewellery, artwork, antiques, items of sentimental value, and cash.

 

9.5 Except as expressly agreed, the Supplier shall not be liable for any Claim relating to the Services whatsoever, including, but not limited to, a Claim relating to or arising from personal injury.

 

10. Subcontracting

 

The Supplier reserves the right to subcontract the supply of any part of the Services quoted or any materials to be supplied.

 

11. Privacy

 

11.1 The Customer acknowledges and agrees that:

(a) any information provided by the Customer may be used by the Supplier for the purpose of providing the Services; and

(b) the Supplier may communicate with the Customer electronically and/or via other means for purposes of or in relation to the provision of the Services.

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11.2 The Supplier agrees:

(a) to take all reasonable precautions to protect personal information provided by the Customer from loss, misuse, unauthorised access or disclosure, alteration or destruction; and

(b) not to share any information provided by the Customer with any third party not directly involved in the provision of the Services (unless required to do so by law).

 

12. Termination

 

Either party may terminate the Conditions:

(a) if the other is in material breach of its obligations hereunder which breach has not been remedied within seven (7) days of written request to remedy the breach or has failed duly to pay money outstanding to the other within seven (7) days; or

(b) in the case of the Customer, upon giving the Supplier fourteen (14) days notice of its intention to do so; or

(c) in the case of the Supplier, if it discovers that the Customer has made any material misrepresentation connected with the Services, the Premises to which they relate or the circumstances in which they may be performed; or

(d) if the other becomes insolvent or an order is made or resolution passed for its winding up or a receiver or administrator is appointed to (e) it or any of its assets or it takes steps with a view to any compromise or arrangement with its creditors; or

it becomes unlawful for a party to perform its material obligations under the Conditions;

such termination to take effect without prejudice to accrued rights and obligations.

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13. General

 

13.1 Governing Law and Jurisdiction

                               

This document is governed by and is to be construed in accordance with the laws in force in Western Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Western Australia.          

 

13.2 Assignment

(a) The Supplier may assign any or all of its rights under the Conditions.

(b) The Customer shall not assign, transfer, dispose of or encumber any right under the Conditions without the prior written consent of the Supplier.

(c)  A purported assignment without the Supplier’s prior written consent will be deemed to be void and convey no rights.

 

13.3 Severance

If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in the Conditions.

 

13.4 Discrepancies

Where any ambiguity or discrepancy exists between the Conditions and any attached document, the Conditions shall apply.

 

13.5 Variation

 A variation of the Conditions must be in writing and signed by the parties.

 

13.6 Waiver

(a) No right under the Conditions is waived or deemed to be waived except by notice in writing signed by the party waiving the right.

(b) A waiver by one party does not prejudice its rights in respect of any subsequent breach of the Conditions by the other party.

(c) A party does not waive its rights under the Conditions because it grants an extension or forbearance to the other party.

 

13.7 Survival

The Conditions shall be binding upon the heirs, executors, administrators and successors in title of the parties.

 

13.8 Enforceability

(a) Any provision of, or the application of any provision of, the Conditions  which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.

(b) Any provision of, or the application of any provision of, the Conditions  which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

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13.9 Notices

A notice, approval, consent or other communication given or made to a party under the Conditions must be in writing and sent before 5 pm on a business day by prepaid post, or email to the address, or email address of the party as the party from time to time may notify to the other party for the purpose of this clause. Proof of despatch is proof of receipt:

(a) in the case of a letter, on the third business day after posting;

(b) in the case of a email, after transmission of the communication (but if the communication is not sent before 5 pm on the business day, then at 9 am on the next business day).

 

13.10  Non-merger

The rights, obligations, warranties and indemnities in the Conditions do not merge on completion and instead survive until performed in full.

 

13.11 Counterparts

The Conditions may be executed in any number of counterparts, each of which is an original and all of which constitute one and the same document.

 

13.12 Disputes

Any dispute arising in connection with the Conditions which cannot be settled by negotiation between the parties or their representatives shall be submitted to arbitration in accordance with the Resolution Institute Arbitration Rules. During such arbitration, both parties may be legally represented.

 

Prior to referring a matter to arbitration pursuant to this subclause, the parties shall:

(a) formally refer the dispute to their respective contract managers for consideration;

(b) if the respective contract managers are unable to resolve the dispute after five (5) days (or such other period as is agreed between the Parties) from the date of referral, refer the dispute to the respective chief executive officers of each party; and

(c) in good faith explore the prospect of mediation.

 

Nothing in this clause shall prevent a party from seeking urgent equitable relief before an appropriate court.

 

13.13 Interpretation

In the Conditions unless the context otherwise indicates:

(a) headings are for convenience only and do not affect the interpretation of the Conditions;

(b) reference to the singular includes the plural and vice versa;

(c) reference to any gender includes the other genders;

(d) reference to a person includes a corporation and vice versa;

(e) reference to a party includes that party’s executors, administrators, successors and permitted assigns;

(f) every obligation entered into by two or more parties binds them jointly and each of them severally;

(g) a reference to a part, clause or other subclause is a reference to a part, clause or other subclause in the Conditions;

(h) any annexures and appendices form part of the Conditions;

(i) where any word or phrase is defined in the Conditions, any other grammatical form of that word or phrase will have a corresponding meaning;

(j) the words “includes” and “including” or words of similar effect are not words of limitation; and

(k) a reference to a statute, regulation or other law includes all regulations and instruments made under such law and all consolidations, amendments, re-enactments or replacements of it.

 

13.14  Legal Costs

 

The Customer: 

(a) indemnifies the Supplier against any liability or loss arising from and any costs, charges and expenses incurred in connection with the Customer’s non-compliance with the Customer’s obligations under the Conditions, including legal and debt collector’s costs and expenses on a full indemnity basis or solicitor and own client basis, whichever is the higher; and

(b) agrees to pay the Supplier an amount equal to any liability, charges or expenses of any kind referred to in sub clause (a) of this sub clause, suffered or incurred by the Supplier including legal and debt collector’s costs and expenses on a full indemnity basis or solicitor and own client basis, whichever is the higher.

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Annexure A

 

Minimum call out fee is $165 plus GST (non regular domestic cleaning)  

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Minimum charge for an end of lease/vacate is $330 plus GST

 

Minimum carpet cleaning charge is $150 plus GST

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Minimum charge for a regular domestic house clean $126 plus GST

 

Key pick up/return fee is $25 plus GST (from real estate office)

 

Key/access not made available to staff is a minimum charge of $60 plus GST

 

Late cancelation fee (that is less than 24 hours prior to the service time) in invoice will be raised for $60 plus GST

 

If power/electricity is not turned on at the property, minimum call out fee of $165 will apply

 

Payment must be made within 7 days from the date of the service. Failing which a surcharge of 5% will be added each 7 days

 

Any parking costs incurred by staff will be on-charged

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