Terms and Conditions Cleaning

Terms and Conditions Cleaning

These terms and conditions constitute the full and complete service agreement (the “Agreement”) between you (the “Customer”) and M&Co Cleaning (“M&Co”) of 100 Hay Street, Subiaco, Australia for the provision of services by M&Co.

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, M&Co agrees to provide cleaning services (the “Service”) to the Customer at an address specified by the Customer (the “Premises”).
   2. The Service will be for such cleaning duties as agreed with the Customer at the time of booking.
   3. M&Co will provide one or more cleaners (Cleaner Contractor) to attend the Premises to provide the Service at a time and date mutually agreed between M&Co and the Customer (the “Service Time”).
   4. M&Co endeavours to provide the service faithfully, diligently and in a timely and professional manner.
2. Additions and amendments
   1. Any changes to the Service to be provided must be agreed by M&Co 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 M&Co via email or SMS (if prior to the booking) or liase with the Cleaner (Cleaner Contractor) onsite, who may agree to provide the additional services in its absolute discretion and subject to additional charges. 
3. Customer representations and warranties

The Customer represents and warrants that:

1. 1. it will provide a safe working environment at the Premises for the (Cleaner Contractor) to perform the Service;
   2. the Cleaner Contractor will have unencumbered and unobstructed access to those areas of the Premises requiring the Service;
   3. it will provide the (Cleaner Contractor) with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required by the (Cleaner Contractor) to provide the Service;
   4. all cleaning equipment and materials provided by the Customer are safe, have not been tampered with and are in full working order;
   5. it will advise M&Co prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the Premises;
   6. it is authorised to use the Premises and obtain the provision of Service;
   7. if the Customer requires the (Cleaner Contractor) 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
   8. 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.
2. Health and safety risks

In addition to the obligations and warranties set out in clause 3 above, the Customer acknowledges and agrees that:

1. 1. the (Cleaner Contractor) 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 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.
2. No engagement of cleaners
   1. The Customer acknowledges M&Co invests significant resources in recruiting, selecting and training its (Cleaner Contractor). Unless M&Co gives prior written permission, the Customer must not, directly or indirectly, engage, employ or contract with any (Cleaner Contractor) to provide domestic services to the Customer or any associate of the customer for any period during which services are provided by M&Co or for a period within 12 months after the conclusion of any Service.
   2. The Customer acknowledges that M&Co may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Customer.
3. Job quotations
   1. The actual price payable by the Customer may be calculated on:
      1. the configuration of the Premises based on our price guide;
      2. the number of rooms/pieces and their sizes (i.e.: for carpet cleaning, upholstery cleaning);
   2. Any price quoted by M&Co is an estimate only based on M&Co’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.
   3. Minimum call fees will apply according to the Service required:
      1. Minimum Call out fee – $139 inc GST 
      2. In case the customer requires a service that costs less than $139, The company still charges the minimum call of $139. i.e: The Customer only requires 1 room cleaned, which costs less than $139, however, M&Co will charge $139 as this is the minimum call out fee.
   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 M&Co, M&Co 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.
4. Bookings
   1. The Customer may make a booking either in person, by either telephone, email, text message or on M&Co’s website.
   2. At the time of the booking the Customer must provide details of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime located at the Premises;
   3. M&Co provides all quotations at the time of the bookings (subject to inspection as mentioned on clause 6.c).
   4. M&Co reserves the right to not accept a booking for any reason.
5. Payment terms
   1. The Customer agrees to pay the price quoted by M&Co in full prior to or at the end of the Service Time, unless otherwise agreed in advance with M&Co. 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 M&Co.
   2. If no payment has been made by the Service Time, M&Co will use reasonable endeavours to contact the Customer for payment of at least 50% of the quoted price. In the event that M&Co 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.
   3. Payments may be made via bank transfer, in cash or eftpos (via invoice link – processing fee will incur) unless otherwise agreed with M&Co.  Payments by bank transfer should be made to:

1. 1. Cheque payments should be made payable to M&Co Cleaning
2. Late payment fee
   1. Where M&Co 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 same day of the service being rendered, unless otherwise agreed in advance with M&Co.
   2. The Customer agrees that if M&Co has not received payment in full for the Service within one calendar month of the original invoice date then recovery costs (debt collection) will apply and The Customer will be responsible for the payment.
   3. In addition to the amounts set out above, the Customer agrees to indemnify M&Co for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by M&Co 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.

2. Complaints and Service guarantee

If the Customer is dissatisfied for any reason with the Service provided, it must inform M&Co within 5 days of completion of the Service. M&Co strives to achieve 100% customer satisfaction and will endeavour to resolve the problem quickly and efficiently. Subject to clause 13, M&Co may will offer the Customer a re-visit free of charge to rectify any issues and/or redo the service hired and agreed upon between the Customer and M&Co.

1. Exclusions and limitations

1. 1. The service guarantee is only valid for up to 5 days after the date of the Service and under the following conditions:

1. 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;
2. the Premises being vacant on the day of cleaning and remaining vacant thereafter;
3. 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;
4. the condition of the Premises has been previously discussed with the Customer and considered by M&Co excessively damaged and/or dirty, therefore, directly impacting the quality of the Service provided.
5. the Cleaner has not been provided with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required to provide the Service;

1. 1. The only conditions and warranties which are binding on M&Co in respect of the state, quality or condition of goods and services supplied by M&Co 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 M&Co is, at M&Co’s option, limited to and completely discharged by the resupply of the Service. M&Co 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 proper materials, cleaning equipment, utility services, a safe working environment or unencumbered access to the Premises); or
      2. any damages caused by defective cleaning materials or cleaning equipment provided by the Customer;
      3. not completing or providing the Service as a result of the Cleaner not proceeding for health and safety reasons under clause 4;
      4. 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 M&Co;
      5. 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;
      6. existing dirt, wear, damage or stains that cannot be completely cleaned or removed;
      7. any wear or discolouring of fabric or surfaces becoming more visible once dirt has been removed;
      8. 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
      9. the cost of any key replacement or locksmith fees, unless keys were lost by M&Co or the Cleaner.
   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 M&Co are excluded.
   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 M&Co gives no guarantee as to the actual results of the Service.
   5. Except to the extent provided in this clause, M&Co 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 M&Co (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 M&Co).

1. Indemnity

The Customer indemnifies M&Co against:

1. 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 M&Co 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).
2. Accidents, breakage, damage & theft
   1. The Customer must inform M&Co 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. 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 M&Co within 24 hours of completion of the Service.
   3. To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of M&Co under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.
3. Insurance
   1. M&Co has a Public and Employer’s liability insurance. The policy will cover any accidental damages caused by the Cleaner working on behalf of M&Co, reported within 24 hours of service date.
   2. Insurance cover does not include anything that may break down or stop working at any time such as: dishwasher, washing machine, oven, cookers, extractor fans, fridge, freezer, etc, any other items, instability of which the Customer is already aware of, such us bathroom appliances or any fixtures. The Customer is obliged to warn M&Co and/or the Cleaner about appliances that are poorly fixed or not in full working order.
4. Cancellation fees
   1. The Customer must provide M&Co 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, M&Co 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 the minimum call out fee ($139) for administrative and travel costs and loss.
5. Fee for non-access to premises

In the event that the Customer does not provide unencumbered access the Premises for M&Co or its Cleaners to provide the Service, the Customer agrees to pay a cancellation fee equivalent the minimum call out fee  ($139) for administrative and travel costs.

1. 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), M&Co may terminate this Agreement by providing the Customer with at least 24 hours notice prior to the Service Time.
   3. M&Co may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of M&Co, that breach is incapable of remedy.
2. Privacy policy
   1. The Customer acknowledges that any information provided by the Customer may be used by M&Co for the purpose of providing the Service. M&Co 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 M&Co 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. M&Co will take all reasonable precautions to protect personal information provided by the Customer from loss, misuse, unauthorised access or disclosure, alteration or destruction.
3. Changes to this agreement
   1. M&Co 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.
4. Law & jurisdiction

The Customer and M&Co 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.

1. 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.