Terms & Conditions
The use of our services constitute your full acceptance of the service agreement (the “Agreement”) between you (the “Customer”) and Star Cleaning Solutions (“SCS”) of Perth WA, Australia for the provision of services by SCS.
Cleaning services
Subject to the terms of this Agreement, SCS agrees to provide professional cleaning services (the “Service”) to the Customer at an address specified by the Customer (the “Premises”) or offsite, depending on the service required.
The Service will be for such cleaning duties as agreed with the Customer at the time of booking.
SCS will provide one or more employees to attend the Premises to provide the Service at a time and date mutually agreed between SCS and the Customer (the “Service Time”).
Additions and amendments
Any changes to the Service to be provided must be agreed by SCS prior to the Service Time.
If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact SCS via email or telephone, who may agree to provide the additional services in its absolute discretion and subject to additional charges.
Customer representations and warranties
The Customer represents and warrants that:
-it will provide a safe working environment at the Premises for the (Technician/s) to perform the Service;
-the (Technician/s) will have unencumbered and unobstructed access to those areas of the Premises requiring the Service;
-it will provide the (Technician/s) with access to all services and utilities (including hot and cold water, electricity) as required by the (Technician/s) to provide the Service;
-if the Customer requires the (Technician/s) to clean behind or under any heavy items (eg. TV, beds, or other furniture), it will move those items prior to the commencement of the Service; and
-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.
Health and safety risks
In addition to the obligations and warranties set out above, the Customer acknowledges and agrees that:
-the (Technician/s) is entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk at the Premises;
-the Technician/s 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 Technician/s, a risk to health and safety.
Job quotations
Any price quoted prior to visual inspection by SCS is an estimate only based on information provided by the Customer.
Minimum call fees will apply according to the Service required.
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 SCS, SCS will immediately 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.
The Customer must inform SCS whether any cleaning services required are for an ‘end of tenancy’ at the time of quotation.
Bookings
The Customer may make a booking by either telephone, email, SCS’s website.
SCS provides all quotations at the time of the bookings – subject to inspection.
SCS reserves the right to not accept a booking for any reason.
Payment terms
The Customer agrees to pay the price quoted by SCS in full prior to or at the end of the Service Time, unless otherwise agreed in advance with SCS. In case the Customer opts not to pay in full prior to the Service Time, it must pay at least 50% of the price quoted, unless otherwise agreed, subject to cancellation of the Service by SCS.
If no payment has been made by the Service Time, SCS will use reasonable endeavours to contact the Customer for payment of at least 50% of the quoted price. In the event that SCS cannot contact the Customer, the Customer may be deemed to have cancelled the Service, and the Customer must pay any cancellation feed or charges due set out.
Payments may be made via EFTPOS or in cash, unless otherwise agreed with SCS.
Minimum Callout Fee will always apply. In case the customer requires a service that costs less than the call out fee, the company still charges the minimum call out fee.
Where SCS 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, unless otherwise agreed in advance with SCS.
The Customer agrees that if SCS has not received payment in full for the Service within one calendar month of the original invoice date then interest will be charged on the fixed rate of 10% per month on each day that any amount remains outstanding thereafter.
In addition to the amounts set out above, the Customer agrees to indemnify SCS for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by SCS 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.
Complaints and Service guarantee
If the Customer is dissatisfied for any reason with the Service provided, it must inform SCS within 24 hours of completion of the Service. SCS strives to achieve 100% customer satisfaction and will endeavour to resolve the problem quickly and efficiently.
Exclusions and limitations
The service guarantee is only valid for up to 24 hours after the date of the Service and under the following conditions:
-no building or maintenance work has been carried out at the Premises during or after the cleaning has been finished including but not limited to: renovation work, flooring replacement/repair, painting and decorating, plumbing or electrical work and other similar services;
-the Premises being vacant on the day of cleaning and remaining vacant thereafter;
-the Premises has not been damaged in any way, whether from weather conditions or other acts of nature, accidents by an external party or the client or animals left in the property during or after the Service;
-the Technician/s has not been provided with access to all services and utilities (including water, electricity) as required to provide the Services.
The only conditions and warranties which are binding on SCS in respect of the state, quality or condition of goods and services supplied by SCS to Customers are those imposed and required to be binding by statute (including the Trade Practices Act 1974).
To the extent permitted by statute, the liability, if any, of SCS is, at SCS’s option, limited to and completely discharged by the resupply of the Service. SCS is not responsible for:
-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 utility services, a safe working environment or unencumbered access to the Premises); or
-not completing or providing the Service as a result of the Technician/s not proceeding for health and safety reasons;
-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 SCS;
-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;
-existing dirt, wear (including corrosion, peeling of paint or varnish, water/sun marks/damage), damage or stains that cannot be completely cleaned or removed on carpets, rugs, upholstery, all parts and components of blinds (including wall clips, brackets, tracks), timber floors, tile & grout;
-any wear, ripples or discolouring becoming more visible once dirt has been removed on carpets, rugs, upholstery, all parts and components of blinds (including wall clips, brackets, tracks), timber floors, tile & grout;
-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
-the cost of any key replacement or locksmith fees, unless keys were lost by SCS or the Technician/s.
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 SCS are excluded.
The Customer acknowledges that the results of any services provided may vary depending on a number of factors including time elapsed since the item/s was last cleaned, and nature of cleaning required, and that SCS gives no guarantee as to the actual results of the Service.
Except to the extent provided in this clause, SCS 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 SCS (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 SCS).
Indemnity
The Customer indemnifies SCS against:
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
all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by SCS 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).
Insurance
SCS has a Public and Employer’s liability insurance. The policy will cover any accidental damages caused by the Technician/s working on behalf of SCS, reported within 24 hours of service date.
Cancellation fees
The Customer must provide SCS with at least 48 hours notice prior to the Service Time, if they wish to suspend, postpone or cancel the Service for any reason.
In the event that such notice has been given, SCS will endeavour to reschedule the Service if required.
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 the minimum call out fee for administrative costs and loss.
Fee for non-access to premises
In the event that the Customer does not provide unencumbered access the Premises for SCS or its Technician/s to provide the Service, the Customer agrees to pay a cancellation fee equivalent the minimum call out fee for administrative and travel costs.
Termination
This Agreement may be terminated by the Customer by providing at least 24 hours notice prior to the Service Time.
SCS may terminate this Agreement by providing the Customer with at least 24 hours notice prior to the Service Time.
SCS may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of SCS, that breach is incapable of remedy.
Privacy policy
The Customer acknowledges that any information provided by the Customer may be used by SCS for the purpose of providing the Service. SCS 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).
The Customer agrees to SCS 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.
SCS will take all reasonable precautions to protect personal information provided by the Customer from loss, misuse, unauthorised access or disclosure, alteration or destruction.
Changes to this agreement
SCS 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.
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.
Law & jurisdiction
The Customer and SCS acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of Western Australia and both agree to submit to the exclusive jurisdiction of the courts of Western Australia in the event of any dispute.
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.
