Cleanway Xtra Cleaning Service Terms and Conditions
CLEANING SCHEDULE
1.1 CONTRACTOR SHALL PROVIDE SCHEDULED CLEANING SERVICES AS OUTLINED IN THE PROVIDED QUOTE, DURING THE AGREEMENT TERM. (SUBJECT TO ADJUSTMENTS TO CLEANING TIMES AS AGREED BETWEEN THE PARTIES)
1.2 THIS AGREEMENT IS FOR AN INITIAL TERM (INITIAL TERM) OF TWELVE (12) MONTHS OR FOR AN ALTERNATE TERM AS AGREED IN WRITING BETWEEN THE PARTIES.
CLEANING FEES
2.1 CONTRACTOR SHALL PROVIDE THE AGREED SCHEDULE OF CLEANING SERVICES TO THE CLIENT AT THE PRICE AS PER THE QUOTE
CLIENT SHALL BE BILLED, AND SHALL PAY FOR SUCH SERVICES MONTHLY AND ACCOUNTS WILL BE ANNUALISED
CANCELLATION OF SCHEDULED SESSION
3.1 CLIENT MAY CANCEL A SCHEDULED CLEANING SESSION BY GIVING CONTRACTOR A MINIMUM OF FIVE (5) WORKING DAYS’ NOTICE. CHARGES MAY APPLY FOR IF CLIENTS GIVES LESS THAN 5 DAYS’ NOTICE.
LOCK OUT CHARGE
4.1 IF, FOR ANY REASON, THE CLEANER/S IS UNABLE TO ENTER THE PROPERTY FOR THE SCHEDULED CLEANING SESSION, THE CLIENT MAY BE CHARGED A SERVICE FEE AT OUR THEN CURRENT STANDARD RATE.
RENEWAL OF SERVICES
5.1 IF NEITHER PARTY HERETO TERMINATES THIS AGREEMENT AS PER 11.1, THE AGREEMENT SHALL AUTOMATICALLY RENEW FOR FURTHER PERIODS (EXTENDED TERMS) OF TWELVE (12) MONTH TERMS UPON EXPIRATION OF THE INITIAL TERM SET FORTH IN SECTION 1.2.
CONTRACTOR’S OBLIGATIONS
6.1 CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLYING WITH ALL REGULATORY REQUIREMENTS IN THE PERFORMANCE OF THE CLEANING SERVICES, INCLUDING COMPLIANCE WITH ANY LABOUR REGULATIONS AND PAYMENT OF ANY AND ALL INCOME TAXES AND OTHER EMPLOYER/EMPLOYEE DEDUCTIONS.
CLEANING SUPPLIES
7.1 CONTRACTOR SHALL SUPPLY ALL CLEANING EQUIPMENT AND MATERIALS REQUIRED TO PROPERLY COMPLETE THE CLEANING SERVICES.
HIRING OF STAFF
8.1 CLIENT AGREES THAT CLIENT SHALL NOT, WITHOUT THE EXPRESS WRITTEN CONSENT OF CONTRACTOR, HIRE, OR ATTEMPT TO HIRE, A PRESENT OR FORMER EMPLOYEE’S OF THE CONTRACTOR, FOR ANY PURPOSE WHATSOEVER, FOR THE TERM OF THIS AGREEMENT, AND FOR ONE (1) YEAR AFTER TERMINATION OF THIS AGREEMENT. SHOULD CLIENT VIOLATE THIS TERM, CONTRACTOR SHALL BE ENTITLED TO COMPENSATION EQUAL TO TWELVE (12) MONTHS CLEANING CHARGES FOR ANY LOSSES ARISING FROM SUCH ACTION.
SATISFACTION
9.1 SHOULD THE CLIENT BE UNSATISFIED WITH ANY WORK PERFORMED BY CONTRACTOR, (ONLY WORK LISTED IN THE JOB DESCRIPTION/CLEANING SCHEDULE), CLIENT SHALL INFORM CONTRACTOR IMMEDIATELY AND CONTRACTOR SHALL PERFORM THE CLEANING SERVICES AGAIN AS FAR AS PRACTICABLE UNTIL CLIENT AND/OR CONTRACTOR IS SATISFIED WITH THE RESULTS. SHOULD NEITHER PARTY STILL NOT BE SATISFIED WITH THE WORK AND ALL AVENUES OF RECTIFICATION BE EXHAUSTED, THEN THIS AGREEMENT WILL BE AT AN END AFTER EITHER PARTY GIVES 30 DAYS WRITTEN NOTICE TO THE OTHER PARTY INFORMING OF SUCH.
INDEMNIFICATION
10.1 CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS CLIENT FOR ANY DAMAGES OR INJURIES TO CONTRACTOR, OR CONTRACTOR’S EMPLOYEES, AGENTS AND ASSIGNS, AND TO THIRD PARTIES, WHICH MAY RESULT FROM THE PERFORMANCE OF THE CLEANING SERVICES.
10.2 CLIENT SHALL INDEMNIFY AND HOLD HARMLESS CONTRACTOR FOR ANY DAMAGES OR INJURIES TO CLIENT, CLIENT’S EMPLOYEES, AGENTS, AND ASSIGNS, OR CLIENT’S PROPERTY THAT ARE NOT CAUSED BY CONTRACTOR’S GROSS NEGLECT.
10.3 CONTRACTOR RESERVES THE RIGHT TO NOT BE HELD LIABLE FOR THE FOLLOWING:
A. INCOMPLETE CLEANING JOB DUE TO LACK OF ADEQUATE HOT WATER AND/OR POWER.
B. THIRD PARTY ENTERING OR PRESENT AT THE PROPERTY DURING THE CLEANING SESSION.
C. WEAR OR DISCOLORATION OF FABRICS BECOMING MORE PROMINENT AFTER REMOVAL OF VISIBLE DIRT.
D. FAILURE TO REMOVE OLD AND/OR PERMANENT STAINS THAT CANNOT BE REMOVED USING STANDARD CLEANING METHODS.
E. EXISTING DAMAGE OR SPILLAGE THAT CANNOT BE CLEANED OR COMPLETELY REMOVED USING STANDARD CLEANING MATERIALS AND EQUIPMENT.
10.4 CONTRACTOR HAS PUBLIC AND EMPLOYER’S LIABILITY INSURANCE, WHICH WILL COVER ANY ACCIDENTAL DAMAGES CAUSED BY AN EMPLOYEE OF THE CONTRACTOR IN THE COURSE OF PROVIDING CLEANING SERVICES. SHOULD ANY DAMAGE OCCUR, CLIENT MUST REPORT SUCH DAMAGE IN WRITING TO CONTRACTOR WITHIN TWENTY-FOUR (24) HOURS. IF CLIENT DOES NOT REPORT SUCH DAMAGE TO CONTRACTOR WITHIN THE SPECIFIED TIMEFRAME, CLIENT SHALL NOT BE ENTITLED TO ANY REPARATIONS FOR SUCH DAMAGE.
TERMINATION OF AGREEMENT
11.1 THIS AGREEMENT MAY BE TERMINATED AFTER THE INITIAL TERM AND THEREAFTER, AFTER THE EXTENDED TERMS, BY EITHER PARTY UPON THIRTY (30) DAYS WRITTEN NOTICE TO THE OTHER PARTY. IF THE CLIENT TERMINATES OTHER THAN THIS CLAUSE, THEN A TERMINATION CHARGE EQUAL TO THREE (3) MONTH’S CLEANING SERVICES AS LIQUIDATED DAMAGES SHALL APPLY.
ASSIGNMENT
12.1 NEITHER CONTRACTOR NOR CLIENT SHALL ASSIGN THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF THE OTHER PARTY.
PUBLIC HOLIDAYS & WEEKENDS
13.1 ALL CLEANS ARE SCHEDULED FOR NORMAL WEEKDAY CLEANS UNLESS STATED OTHERWISE AND ARE PRICED ACCORDINGLY. IF A SCHEDULED CLEAN FALLS ON A PUBLIC HOLIDAY, THEN THAT CLEAN WILL BE PERFORMED ON AN ALTERNATE BUSINESS DAY.
EXTRA CLEANS
14.1 ANY EXTRA CLIENT REQUESTED CLEANS WILL BE INVOICED SEPARATELY AT A RATE APPROPRIATE FOR THE DAY OF THE CLEAN
PAYMENT TERMS
15.1 ALL INVOICES ARE DUE & PAYABLE THIRTY (30) DAYS FROM INVOICE DATE UNLESS OTHERWISE AGREED UPON WITH THE CONTRACTOR AND THE CLIENT AGREES TO SUCH TERMS. THE CLIENT ALSO AGREES TO BE LIABLE FOR ANY & ALL FEES ASSOCIATED WITH THE COLLECTION OF OVERDUE INVOICES, OF THIRD PARTY OR OTHERWISE COLLECTION AGENCIES. THE CONTRACTOR RESERVES THE RIGHT TO CHARGE A MONTHLY ADMINISTRATION FEE TO ALL OVERDUE INVOICES.
CLIENT WARRANTS THAT IF PAYMENT IS VIA CREDIT CARD, THEN NO CHARGE BACK BY THE CLIENT WILL BE APPLIED TO ANY SERVICES PROVIDED WITHOUT PRIOR CONSULTATION WITH CLEANWAY XTRA CLEANING SERVICES
ANNUAL INCREASE
16.1 THIS AGREEMENT ALLOWS FOR AN ANNUAL PRICE INCREASE AFTER THE INITIAL TERM TO ALLOW FOR INCREASED CONTRACTOR COSTS.
GUARANTEE
17.1 THE CONTRACTOR WILL PERFORM ANY REMEDIAL WORK THAT IS DEEMED TO BE WITHIN THE ORIGINAL SCOPE OF WORKS AT NO EXTRA CHARGE SUBJECT TO THE CLIENT NOTIFYING THE CONTRACTOR IN WRITING WITHIN TWENTY FOUR HOURS (24) OF COMPLETION OF ORIGINAL WORKS.
17.2 THE CONTRACTOR RESERVES THE RIGHT TO CHARGE AN ADDITIONAL FEE EQUAL TO THE CURRENT HOURLY RATE PER CLEANER FOR ANY WORKS REQUIRED THAT THE CONTRACTOR DEEMS TO BE REQUIRED TO COMPLETE THE WORKS TO INDUSTRY STANDARD. THIS CLAUSE APPLIES TO PROPERTIES NOT PERSONALLY INSPECTED BY THE CONTRACTOR.
17.3 CONTRACTOR IS CONTRACTED FOR SPECIFIC WORKS AS REQUESTED BY THE CLIENT. THE CONTRACTOR SHALL NOT BE HELD LIABLE, NOR THE CLIENT ENTITLED TO ANY COMPENSATION FOR WORKS NOT COMPLETED DUE TO CIRCUMSTANCES BEYOND THE CONTROL OF THE CONTRACTOR.
QUOTES
18. ANY PRICE QUOTED TO A NEW CLIENT IS AN INTRODUCTORY PRICE ONLY AND CONTRACTOR RESERVES THE RIGHT TO INCREASE THIS PRICE, AFTER THE INITIAL PERIOD, IN LINE WITH ITS THEN CURRENT PRICES.
INSTALLATION CARE & MAINTENANCE (APPLIES TO HYGIENE UNITS IN SERVICE)
19. THE CONTRCATOR SHALL INSTALL THE UNITS IN ACCORDANCE WITH THIS AGREEMENT AND SHALL DURING THE TERM OF THIS AGREEMENT, SERVICE AND MAINTAIN THE UNITS IN GOOD REPAIR, CARRYING OUT REGULAR ROUTINE SERVICES AS IS REASONABLY NECESSARY TO MAINTAIN THE EFFICIENCY OF THE SERVICE, BUT WITHOUT PREJUDICE TO THE CLIENT’S OBLIGATION TO TAKE REASONABLE CARE OF THE UNITS.
DURING THE TERM OF THIS AGREEMENT THE CLIENT SHALL:
19.1 FULLY COMPLY WITH ALL INSTRUCTIONS CONVEYED TO IT BY THE CONTRACTOR IN THE USE AND OPERATION OF THE UNITS.
19.2 IF IT REASONABLY BELIEVES THAT THE UNITS BE IN NEED OF REPAIRS OR ADDITIONAL SERVICE, FORTHWITH NOTIFY THE CONTRACTOR OF THE NEED OF SUCH REPAIRS.
19.3 PAY A SERVICE FEE OF $65 PLUS GST FOR ANY CLIENT REQUESTED EXTRA UNSCHEDULED SERVICE.
19.4 BE RESPONSIBLE AND PAY FOR ALL AND ANY REASONABLE REPAIRS TO OR REPLACEMENT COST OF THE UNITS SHOULD THOSE REPAIRS/REPLACEMENT BE NEEDED AS A RESULT OF PREVENTABLE MALICIOUS DAMAGE AND
19.5 PROVIDE UNRESTRICTED ACCESS, AS REQUIRED, TO THE PREMISES FOR THE PURPOSE OF SERVICING OF THE HYGIENE UNITS.
19.6 THE HYGIENE UNITS REMAIN THE PROPERTY OF THE CONTRACTOR
“CONTRACTOR” REFERS TO RUSKAS PTY LTD T/AS CLEANWAY XTRA CLEANING SERVICES
“CLIENT” REFERS TO THE CLIENT (BUSINESS ENTITY OR INDIVIDUAL) ENGAGING RUSKAS PTY LTD T/AS CLEANWAY XTRA CLEANING SERVICES.
“PROPERTY” REFERS TO THE CLIENT’S PREMISES TO BE CLEANED.
THESE TERMS & CONDITIONS MAY BE UPDATED WITHOUT NOTICE