PO BOX 1361
Cleveland QLD 4163
TERMS & CONDITIONS
These terms and conditions set within this the full and complete service agreement (the “Agreement”) between you (the “Customer”) and KPS (henceforth referred to as “the company”) of PO BOX 1631, Cleveland, 4163 Australia for the provision of services by The company (including any of it’s partners and subsidiaries which are contracted to complete the job).
Please take some time to review this Agreement. Use of our services constitutes your acceptance of these terms and conditions.
1. cleaning services
1. Subject to the terms of this Agreement, The company agrees to provide cleaning services (henceforth referred to as the “Service”) to the Customer at an address specified by the Customer (henceforth referred to as the “Premises”).
2. The Service will be for such cleaning requirements as agreed with the Customer at the time of booking and/or documented on the scope of works
3. The company will provide one or more cleaners (henceforth referred to as the “Cleaner”) to attend the Premises to provide the Service at a time and date mutually agreed between The company and the Customer
4. The company endeavours to provide the Service faithfully, diligently and in a timely and professional manner.
2. additions and amendments
1. Any changes to the Service or scope of works must be communicated and agreed by The company prior to the Service Time.
2. If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact The company by telephone, who may agree to provide the additional services in its absolute discretion. The Cleaner is not authorised 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:
1. it will provide a safe working environment at the Premises for the Cleaner to perform the Service;
2. 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. The Client needs to advise must advise The company prior to starting the job if access to utilities will not be available on the day of the clean.
4. The company will provide all the usual and necessary cleaning equipment and materials required by the Cleaner to provide the Service, unless prior arrangements have been made with the client
5. It will provide the cleaner with unencumbered and unobstructed access to the site which needs to be cleaned.
6. The client will advise The company prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the Premises;
7. it is authorised to use the Premises and obtain the provision of Service;
8. 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
9. 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 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:
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;
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.
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
1. The Customer acknowledges The company and it’s subsidiaries invests significant resources in recruiting, selecting and training its Cleaners and staff. Unless The company gives prior written permission, the Customer must not, directly or indirectly, engage, employ or contract with any Cleaner to provide cleaning services (of any type) to the Customer or any associate of the customer for any period during which services are provided by The company or for a period within 12 months after the conclusion of any Service.
2. The Customer acknowledges that The company and it’s subsidiaries may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Customer.
3. The company and it’s subsidiaries reserves the right to invoice and charge the customer for any consequential loss suffered for a breach of this clause by the customer.
6. job quotations
1. The actual price payable by the Customer is calculated on the total number of hours worked by the Cleaner, the skill level required and the risk
2. Any price quoted by The company is an estimate only based on The company’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.
3. The quote provided by The company (or any of it’s subsidiaries) is for a site where the Cleaner will have unencumbered and unobstructed access to those areas of the Premises requiring the Service; The company reserves the right to charge a variation to the price of the clean if other trades are still onsite on the day of the cleaning at a rate of $45 per cleaner an hour, when and if there is any unforeseen circumstances which they were not aware of on the day of the inspection / quote
4. 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 The company, The company 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.
5. From the time the quote is provided, to the time of the proposed cleaning is to occur, the Customer must inform The company if there are any changes to the site which can impact the time required to perform the clean
7. bookings
1. The Customer may make a booking either in person, by either telephone, email or on the The company website.
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;
3. The company provides all quotations at the time of booking.
4. The Customer agrees to provide The company with their valid credit card details at the time of booking, and authorises The company to debit any card with an amount equal to any service and/or cancellation fees that may apply under this Agreement.
5. The company reserves the right not to accept a booking for any reason.
8. payment terms
1. The Customer agrees to pay a deposit of up to 50% of the price quoted by The company prior to the Service Time, unless otherwise agreed in advance with The company.
2. If no payment has been made by the Service Time, The company will use reasonable endeavours to contact the Customer for payment. In the event that The company 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.
3. An invoice for the remaining balance will be made out to the Customer on job completion. The customer will have 14 days to make the payment in full
4. The company reserves the right to appoint a third party debt collection agency to collect the money if payment is not received within 14 days.
9. GST
1. Unless specified otherwise, all prices and quotations are expressed to be GST inclusive amounts.
2. If GST is payable in respect of any thing 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 The company receives an amount which, after subtracting the GST liability of The company, results in The company retaining the Original Amount.
10. late payment fee
1. Where The company 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 3 days of the invoice date.
2. The Customer agrees that if The company has not received payment in full for the Service within one calendar month of the original invoice date then a late payment fee of $250 applies for the first month in addition, Interest will be charged on the fixed rate of 12% per annum on each day that any amount remains outstanding thereafter.
3. In addition to the amounts set out above, the Customer agrees to indemnify The company for all collection or legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by The company 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.
11. non-appearance
If a Cleaner fails to attend the Premises on the day of the Service and does not provide the requested Service, The company will provide the Customer with either:
1. a full refund of payments made by the Customer; or
2. offer to reschedule the Service at another time mutually agreed between the Customer and The company.
12. complaints
If the Customer is dissatisfied for any reason with the Service provided, it must inform The company within 48 hours of completion of the Service. The company strives to achieve 100% customer satisfaction and will endeavour to resolve the problem quickly and efficiently. Subject to clause 13, The company may, at its discretion, offer the Customer either of the following:
1. a partial or full refund;
2. re-attending of the Service to remedy any areas of the cleaning which were deemed unsatisfactory;
3. such other remedy as deemed appropriate by The company.
13. exclusions and limitations
1. The only conditions and warranties which are binding on The company in respect of the state, quality or condition of goods and services supplied by The company to Customers are those imposed and required to be binding by statute (including the Trade Practices Act 1974).
2. To the extent permitted by statute, the liability, if any, of The company is, at The company’s option, limited to and completely discharged by the resupply of the Service. The company is not responsible for:
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 , cleaning equipment, utility services, a safe working environment or unencumbered access to the Premises);
2. any damages caused by defective cleaning materials or cleaning equipment provided by the Customer;
• not completing or providing the Service as a result of the Cleaner not proceeding for health and safety reasons;
1. any loss or damage incurred by the Customer or any third party as a result of the effects of any event beyond the reasonable control of The company;
2. not completing or providing the Service due to an act or omission of the Customer or any other person (including other tradesman) at the Premises during provision of the Service;
3. existing dirt, wear, damage or stains that can not be completely cleaned or removed;
• any stains or defects caused by other trades or persons after The company has left or cleaned the premises
• any wear or discolouring of fabric or surfaces becoming more visible once dirt has been removed;
1. 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
2. the cost of any key replacement or locksmith fees, unless keys were lost by The company or the Cleaner.
1. Except as provided in this clause, all conditions and warranties implied by law in respect of the state, quality or condition of the Service which may apart from this clause be binding on The company are excluded.
2. The Customer acknowledges that the results of any services provided may vary depending on a number of factors (including materials used, quality of work provided by other tradesman, equipment provided, time elapsed since Premises was last cleaned, and nature of cleaning required), and that The company gives no guarantee as to the actual results of the Service unless otherwise agreed to in writing prior to starting the job.
3. Except to the extent provided in this clause, The company 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 The company (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 The company).
14. indemnity The Customer indemnifies
The company against:
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; and
2. all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by The company in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal and including any action taken for the recovery of a debt from the Customer).
15. accidents, breakage, damage & theft
1. The Customer must inform The company 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.
2. It is the responsibility of the customer to inform The company of any delicate surfaces prior to the clean being performed so due care can be taken prior to cleaning. This includes and is not limited to surfaces such as marble, low e or toughened glass.
3. 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 The company within 24 hours of completion of the Service.
4. To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of The company under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.
16. cancellation fees
1. The Customer must provide The company with at least 24 hours notice prior to the Service Time, if they wish to suspend, postpone or cancel the Service for any reason.
2. In the event that such notice has been given, The company will endeavour to reschedule the Service if required.
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 at the rate of $45 + GST per hour for administrative costs and loss.
17. fee for non-access to premises
In the event that the Customer does not provide unencumbered access the Premises for The company 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.
This includes occasions where other trades are still working onsite on the day of the scheduled clean.
18. termination
1. This Agreement may be terminated by the Customer by providing at least 24 hours notice prior to the Service Time.
2. Subject to clause 18(c), The company may terminate this Agreement by providing the Customer with at least 24 hours notice prior to the Service Time.
3. The company may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of The company, that breach is incapable of remedy.
19. privacy policy
1. The Customer acknowledges that any information provided by the Customer may be used by The company for the purpose of providing the Service. The company 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).
2. The Customer agrees to The company 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.
3. The company will take all reasonable precautions to protect personal information provided by the Customer from loss, misuse, unauthorised access or disclosure, alteration or destruction.
20. changes to this agreement
1. The company reserves the right to update or modify these terms and conditions 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 on the website.
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 The company 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 Victoria in the event of any dispute.
22. severability
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.
23. copyright
The content of this Agreement is protected by international copyright laws and may be used for personal reference only. Subject to applicable law, permission to copy, alter, reproduce, publish, transmit and/or otherwise distribute this content is forbidden without first obtaining the prior written permission of the company.
