These terms and conditions constitute the full and complete service agreement (the "Agreement") between you (the "Customer") and The Housekeeper of Upper Coomera, Queensland, Australia for the provision of services by The Housekeeper.
Please take some time to review this Agreement. Use of our services constitutes your acceptance of these terms and conditions.
1. Housekeeping Services
Subject to the terms of this Agreement, The Housekeeper agrees to provide domestic housekeeping services (the "Service") to the Customer at an address specified by the Customer (the "Premises").
1.1. The Service will be for such cleaning and household duties as agreed with the Customer at the time of booking.
1.2. The Housekeeper will provide one or more housekeepers (the "Cleaner") to attend the Premises to provide the Service at a time and date mutually agreed between The Housekeeper and the Customer (the "Service Time").
1.3. The Housekeeper endeavours 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 The Housekeeper 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 The Housekeeper 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:
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. It will provide all usual and necessary cleaning equipment and materials required by the Cleaner to provide the Service, unless other arrangements have been made with The Housekeeper;
3.5. All cleaning equipment and materials provided by the Customer are safe, have not been tampered with and are in full working order;
3.6. It will advise The Housekeeper prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the Premises;
3.7. It is authorised to use the Premises and obtain the provision of Service;
3.8. 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
3.9. 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:
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 Housekeepers/ Cleaners
5.1. The Customer acknowledges that The Housekeeper invests significant resources in recruiting, selecting and training its Cleaners. Unless The Housekeeper gives prior written permission, the Customer must 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 provided by The Housekeeper or for a period within 12 months after the conclusion of any Service.
5.2. The Customer acknowledges that The Housekeeper may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Customer.
5.3 Any current or previous client found to have engaged the services of a current or previous employee (with 12 months of their last day of employment) of The Housekeeper will be required to pay a recruitment fee of $9890 + GST for each employee hired (whether by wages or through the use of an ABN). Payment is required within 7 days of the employee commencing work for the client.
6. Service Quotations
6.1. The actual price payable by the Customer is calculated on the total number of hours worked by the Cleaner/s.
6.2. Any price quoted by The Housekeeper is an estimate only based on The Housekeeper's experience, without inspection, 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 The Housekeeper, The Housekeeper 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 The Housekeeper whether any cleaning services required are for an 'end of tenancy' at the time of quotation. The Housekeeper does not guarantee its services for refund of rental bonds.
7.1. The Customer may make a booking either in person, by either telephone, email or on The Housekeeper 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. The Housekeeper provides all quotations prior to or at the time of booking.
7.4. The Customer agrees to provide The Housekeeper with their valid credit card details at the time of booking, and authorises The Housekeeper to debit any card with an amount equal to any service and/or cancellation fees that may apply under this Agreement.
7.5. The Housekeeper reserves the right not to accept a booking for any reason and without explanation.
8. Payment Terms
8.1. The Customer agrees to pay the price quoted by The Housekeeper in full prior to or at the Service Time, unless otherwise agreed in advance with The Housekeeper.
8.2. Payments may be made via credit card, bank transfer or in cash. Payments by bank transfer should be made to:
Account Name: The Housekeeper
Account BSB: 063-097
Account No: 1599 9546
Transaction Ref: Invoice Ref No or Client Surname
9.1. Unless specified otherwise, all prices and quotations are expressed to be GST inclusive amounts.
10. Late Payment Fee
10.1. Where The Housekeeper 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 on the day of issue of the final invoice.
10.2. The Customer agrees that if The Housekeeper has not received payment in full for the Service within 7 days of the original invoice date then a late payment fee of $15 applies. Interest will be charged on the fixed rate of 10% per annum on each day that any amount remains outstanding thereafter.
10.3. For regular housekeeping clients, prompt payment is required to avoid any interruption to services. The Customer acknowledges that The Housekeeper works on a waiting list model, whereby The Customers may forfeit their regular service time slot due to non-payment. The Customer agrees to contact The Housekeeper as soon as possible if an invoice payment is delayed for any reason. Failure to pay an outstanding invoice by the next service date may result in The Customer being deemed to have cancelled the Service, and the Customer must pay any cancellation fees or charges due set out in clause 16.
10.4. In addition to the amounts set out above, the Customer agrees to indemnify The Housekeeper for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by The Housekeeper 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, The Housekeeper will provide the Customer with either:
11.1. A full refund of payments made by the Customer; or
11.2. Offer to reschedule the Service at another time mutually agreed between the Customer and The Housekeeper.
12.1 If the Customer is dissatisfied for any reason with the Service provided, they must inform The Housekeeper within 24 hours of completion of the Service. The Housekeeper strives to achieve 100% customer satisfaction and will endeavour to resolve the problem quickly and efficiently to the satisfaction of The Customer. The Housekeeper may, at its discretion, offer the Customer either of the following:
(i) a partial or full refund;
(ii) re-supply of the Service without charge;
(iii) such other remedy as deemed appropriate by The Housekeeper.
13. Exclusions and Limitations
13.1 The only conditions and warranties which are binding on The Housekeeper in respect of the state, quality or condition of goods and services supplied by The Housekeeper to Customers are those imposed and required to be binding by statute (including the Trade Practices Act 1974).
13.2 To the extent permitted by statute, the liability, if any, of The Housekeeper is, at The Housekeeper's option, limited to and completely discharged by the resupply of the Service. The Housekeeper is not responsible for:
(i) not completing or providing the Service as a result of a breach of a warranty by the Customer (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
(ii) any damages caused by defective cleaning materials or cleaning equipment provided by the Customer;
(iii) not completing or providing the Service as a result of the Cleaner not proceeding for health and safety reasons;
(iv) 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 The Housekeeper;
(v) 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;
(vi) existing dirt, wear, damage or stains that cannot be completely cleaned or removed;
(vii) any wear or discolouring of fabric or surfaces becoming more visible once dirt has been removed;
(viii) 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
(ix) the cost of any key replacement or locksmith fees, unless keys were lost by The Housekeeper or the Cleaner.
13.3 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 Housekeeper are excluded.
13.4 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 The Housekeeper gives no guarantee as to the actual results of the Service.
13.5 Except to the extent provided in this clause, The Housekeeper 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 Housekeeper (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 Housekeeper).
14. Accidents, breakage, damage & theft
14.1 The Customer must inform The Housekeeper 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.
14.2 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 The Housekeeper within 24 hours of completion of the Service.
14.3 To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of The Housekeeper under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.
15. Cancellation fees
15.1 The Customer must provide The Housekeeper with at least 24 hours notice prior to the Service Time, if they wish to suspend, postpone or cancel the Service for any reason.
15.2 In the event that such notice has been given, The Housekeeper will endeavour to reschedule the Service if required.
15.3 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.
16. Fee for non-access to premises
16.1 In the event that the Customer does not provide unencumbered access the Premises for The Housekeeper 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.
17.1 This Agreement may be terminated by the Customer by providing at least 24 hours notice prior to the Service Time.
17.2 The Housekeeper may terminate this Agreement by providing the Customer with at least 24 hours notice prior to the Service Time.
17.3 The Housekeeper may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of The Housekeeper, that breach is incapable of remedy.
18.1 The Customer acknowledges that any information provided by the Customer may be used by The Housekeeper for the purpose of providing the Service. The Housekeeper 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).
18.2 The Customer agrees to The Housekeeper 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.
18.3 The Housekeeper will take all reasonable precautions to protect personal information provided by the Customer from loss, misuse, unauthorised access or disclosure, alteration or destruction.
18.4 The Cleaner is required by The Housekeeper to sign a comprehensive confidentiality agreement upon commencement of their employment. This agreement ensures that The Cleaner is required to hold in strict confidence; all goings on in the Customers premises during the provision of services, personal and professional information held within The Customers premises that The Cleaner may be given access to during the provision of services and any other information gathered by The Housekeeper and held on file for the provision of services by The Cleaner. The Cleaner is legally bound by this agreement. Copies of this agreement will be provided to The Customer upon request.
19. Changes to this agreement
19.1 The Housekeeper 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.
19.2 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.
20. Law & Jurisdiction
20.1 The Customer and The Housekeeper 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.
21.1 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.