These terms and conditions constitute the full and complete service agreement (the “Agreement”) between you (the “Customer”) and Brisbane Bond Cleaners (“BBC”) of PO Box 8, Kippa-Ring, QLD, 4021 for the provision of services by BBC.
Please take some time to review this Agreement as the use of our services constitutes your acceptance to these terms and conditions.
1. Services
(a) Subject to the terms of this Agreement, BBC agrees to provide one or more services (The “Service”) to the Customer at an address specified by the Customer (the “Premises”).
(b) The Service will be for such service/s as agreed with the Customer at the time of booking.
(c) BBC will provide one or more service providers (the “Service Provider”) to attend the Premises to provide the Service at a time and date mutually agreed between BBC and the Customer (the “Service Time”).
(d) BBC endeavours to provide the Service faithfully, diligently and in a timely and professional manner, having reasonable regard to any extenuating circumstances.
2. Additions and Amendments
(a) Any changes to the Service to be provided must be agreed by BBC prior to the Service Time.
(b) If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact BBC by telephone or email, who may agree to provide the additional services in its absolute discretion. The service provider is not authorised to agree to any changes to the Service being provided. The Customer must not request such changes directly from the service provider.
3. Customer Representations and Warranties
The Customer represents and warrants that:
(a) They will provide a safe working environment at the Premises for the service provider to perform the Service;
(b) The service provider will have unencumbered and unobstructed access to those areas of the Premises requiring the Service;
(c) They will provide the service provider with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required by the service provider to provide the Service;
(d) They will advise BBC prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers.
(e) BBC is authorised to use the Premises and obtain the provision of Service;
(f) The customer must 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.
(g) The Customer acknowledges that any personal property located at the premises may be disposed of or moved by the service provider in their efforts to facilitate the service.
(h) If the Customer requires BBC to clean behind or under any heavy items (e.g. a fridge, bookshelves or other furniture), they will move those items prior to the commencement of the Service.
(i) The customer agrees to indemnify BBC against any loss or damage resulting any breach of this agreement.
(j) The customer agrees to attend the premises at the conclusion of the service time to ensure their complete satisfaction has been fulfilled.
4. Health and Safety Risks
In addition to the obligations and warranties set out in clause 3 above, the Customer acknowledges and agrees that:
(a) The service provider is entitled to undertake a job safety analysis before the commencement of any work to assess any potential health and safety risk at the Premises;
(b) The service provider 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 service provider, a risk to health and safety.
(c) The customer accepts that the performance of a service especially cleaning can present slip hazards on hard surface areas, we ask that the Customer avoid any areas that we are cleaning, and advise any other guests, residents or contractors of this hazard until the property is deemed safe by either BBC or the service provider.
(d) The Customer must agree to keep children or dependents away from any equipment or hot water being used as a part of the cleaning process.
(e) The Customer must ensure that the environment that the Customer is inviting the service provider to work in is a safe environment free from electrical or structural hazard.
(f) Any solutions, chemicals or liquids brought to the property by BBC or the service provider should be considered poisonous, and are not for human consumption.
(g) The customer agrees not to touch, handle or in any way interfere with the use of equipment brought to the property by BBC or the service provider.
(h) The customer is expressly warned that whilst BBC or its service providers are onsite the property may not be safe to enter, As such and in the interests of the customers health and safety BBC strictly prohibits the customer entering the property whilst a service or services are being performed by BBC or its service providers.
(i) Any windows or ceilings that require cleaning above the height of 2m the service provider can use an extension pole. Any above the height of 5m may require special equipment which must be provided by the Customer at the customer’s sole expense should this be a requirement of the service.
(j) The service provider 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 pose a risk to health and safety.
5. Bookings
(a) The Customer may make a booking either in person, by telephone, email or on the BBC website namely www.brisbanebondcleaners.com.au
(b) At the time of booking the Customer must provide details of any hazards, slippery surfaces, risks or dangers.
(c) BBC provides quotations when requested to do so by the customer.
(d) BBC reserves the right not to accept a booking for any reason.
6. Job Quotations
(a) The actual price payable by the Customer is the quoted price provided by BBC and may vary dependant on the size and condition of the premises.
(b) Any price quoted by BBC is an estimate only based on BBC experience, without inspection, and based on information provided by the Customer.
(c) Quotes are valid for a period of 30 days from the date of the quote.
(d) The quote we provide over the telephone or via email through the internet on the BBC website is based on information provided by the Customer to BBC, and in the absence of specific room, or clearly definable descriptions will be based on standard room sizes/seating positions. If the actual work to be performed is different to what has been quoted for, the price will vary accordingly.
(e) The service provider may quote additionally after inspection of the premises if there are extra rooms or areas that BBC were not informed of during the quotation process or if the condition of the premises is deemed to be different from the information provided by the Customer.
(f) BBC will confirm any additional charges with the Customer before processing payment or during the service should additional services or time be required by the service providers to fulfil the customer’s service requests.
(g) When the service provider arrives at the Premises they will inspect the areas the Customer has requested to be serviced.
(h) Maximum room size applies for advertised or quoted ‘per room’ pricing structures. Maximum room size is 14 square meters and is based on a standard unfurnished room. Rooms less than 14 square meters will count as 1 standard room. Rooms over 14 square meters but under 28 square meters will count as 2 standard rooms.
(i) Carpeted steps are quoted per step.
(j) Upholstery cleaning prices are per seating position and are subject to the condition of the upholstery. Additional charges may apply for recliners, ottomans, chaises and loose cushions.
(k) Spot and stain removal is included in BBC carpet and upholstery cleaning price and the steam cleaning process. Please note not stains can be removed and not all cleaning is revivable.
7. Stains
(a) BBC will inspect the premises for stains before the Service commences.
(b) Stains derived from bleaching agents, acids, burns and permanent dyes may be permanent and cannot be removed with any treatment. BBC and the service provider, does not guarantee stain removal for permanent stains.
(c) BBC cannot be responsible for any pre-existing condition that is not apparent upon visual inspection of the Premises.
(d) The service provider may deem it ‘un-feasible’ to remove a particular stain or mark at the premises when compared to the cost of replacement.
8. Cancellation Fees and Other Charges
(a) A minimum service charge for our attendance is payable (Price is dependent on the service requested – Our prices can be located on our website at http://www.brisbanebondcleaners.com.au/ourprices) should the customer cancel the service upon our service providers arrival.)
(b) Surcharges may be charged on any service booked for weekends, after hours and public holidays.
(c) The Customer must telephone BBC at least 48hrs prior to the Service Time, if they wish to suspend, postpone or cancel the Service for any reason.
(d) In the event that such notice has been given, BBC will endeavor to reschedule the Service if required.
(e) In the event that the Customer does not provide notice at least 48hrs prior to the commencement of the Service time, the Customer agrees to pay a cancellation fee for administrative costs and loss which is charged at $89.
9. Fee for Non-Access to Premises
In the event that the Customer does not provide unencumbered access to the Premises for BBC or its service providers to provide the Service, the Customer agrees to pay a cancellation fee equivalent to the minimum charge (inclusive of GST) for administrative and travel costs.
10. Payment Terms
(a) The Customer agrees to pay the price quoted by BBC in full prior to or at the Service Time, unless otherwise agreed in advance by BBC.
(b) The Customer agrees to pay any further agreed or adjusted price that has been agreed to by BBC and the Customer during or at the time of such arrangement being made.
(c) If no payment has been made by the Service Time, BBC will use reasonable endeavours to contact the Customer for payment. In the event that BBC 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 8.
(d) Payments made by bank deposit must be received in BBC bank account prior to the commencement of the service time.
(e) BBC does not accept payment by Cheque unless specifically agreed to in writing by BBC.
(f) Payments may be made in cash, bank deposit or by providing credit card details to BBC.
(g) Payments made by bank deposit or bank transfer should be made at least 3 business days prior to the service time and made to:
Account Name: Brisbane Bond CleanersBank Name: ANZAccount BSB: 014228Account Number: 468360263Transaction Ref: Tax Invoice Ref Number
11. GST
Unless specified otherwise, all prices and quotations are expressed to be GST inclusive.
12. Late Payment Fee
(a) Where BBC 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 pursuant to the terms of the invoice.
(b) The Customer agrees that if BBC has not received payment in full for the Service within one calendar month of the original invoice date then a late payment fee of $25 applies for the first month. Interest will be charged on the fixed rate of 10% per annum on each day that any amount remains outstanding thereafter.
(c) If the Customer’s account is outstanding for more than 3 months, we will call at the Premises to collect payment in person, in which case an additional $90 minimum call out fee will apply.
(d) BBC reserves the right to pass the debt on to a collection agency and refer the Customers personal details to credit reporting agencies if the Customer’s account remains overdue past this point. This will incur additional charge.
(e) In addition to the amounts set out above, the Customer agrees to indemnify BBC for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by BBC 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.
13. Non-Appearance
If a service provider fails to attend to the Premises within 1 hour of the Service Time and does not provide the requested Service, BBC will provide the Customer with either:
(a) a full refund of payments made by the Customer; or
(b) Offer to reschedule the Service at another time mutually agreed between the Customer and BBC.
14. Satisfaction Guarantee / Complaints
Our ‘100% Satisfaction Guarantee’ is valid for 7 days from the completion of any service provided the service was completed and payment was made in full.
If for some reason the service does not pass the customers satisfaction, the customer is required to lodge a complaint in writing within this time frame outlying the customers complaint and or issue with the service performed. BBC will then arrange a service provider to return to rectify any issue/s with the service provided without charge. Normally this process occurs within 48 hours of formal notification however BBC reserves the right to re-attend up to 7 Business days (dependent upon the service provider’s availability to re-attend the premises) after receiving formal notification.
Before rectification works commence, the Customer is required to provide a rectification list of items containing a clear list of works to complete the service to the customer’s satisfaction (This list is usually provided by the property manager if you have booked an end of lease bond clean and are looking to satisfy your agent’s satisfaction). Our scope of work does not cover dust settlement that occurs naturally between the time of service and re-inspection nor does it cover cleaning a property after trades people have conducted work at your property after our cleaners have concluded their service. Please note that accumulation of dust over time is considered normal and activities such as ‘open homes’ are likely to speed up this process.
Although we aim to ensure every service is performed Professionally and every client is happy not all stains can be removed and not all cleaning is revivable. Our definition of Satisfaction pertains to a level of improvement not perfection. Properties in a state of wear and tear or in some instances “Trashed Properties” cannot be renewed to brand new.
The following terms outline your rights and obligations of complaint;
(a) The customer must contact BBC in writing within 7 days after the service time.
(b) BBC has the right to re-attend the premises and review the service undertaken by the service providers at BBC sole discretion.
(c) BBC has the right to photograph and or document all and any issues raised by the customer.
(d) BBC has the right to re-attend up to 7 business days after receiving formal notification from the customer to re-attend in an effort to remedy the initial service performed should it be deemed valid by BBC.
(e) The customer, the customer’s representative or agent must meet with BBC service providers at the premises to ensure their satisfaction is met upon BBC service providers’ return visit. If the Customer, the customer’s representative or agent do not attend to the rectification service BBC will deem the service complete – Any further recall will be chargeable at BBC advertised prices.
(f) In the event of an ongoing customer complaint, the Customer undertakes to give BBC the opportunity to rectify the work conducted. Subject to clause 15, BBC may, at its discretion, offer the Customer either of the following:
– A partial or full refund;
– re-supply of the Service without charge;
– Such other remedy as deemed appropriate by BBC.
15. Exclusions and Limitations
(a) The only conditions and warranties which are binding on BBC in respect of the state, quality or condition of goods and services supplied by BBC to Customers are those imposed and required to be binding by statute (Australian Consumer Law).
(b) To the extent permitted by statute, the liability, if any, of BBC is, at BBC option, limited to and completely discharged by the resupply of the Service. BBC is not responsible for;
(i) 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 utility services, a safe working environment or unencumbered access to the premises.
(ii) Not completing or providing the Service as a result of the service provider not proceeding for health and safety reasons under clause 4;
(iii) 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 BBC;
(iv) 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;
(v) Wear, damage or stains that cannot be completely cleaned or removed;
(vi) Any wear or discoloring of fabric or surfaces becoming more visible once dirt has been removed;
(vii) 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;
(viii) The cost of any key replacement or locksmith fees, unless keys were lost by BBC or the service provider.
(c) 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 BBC are excluded.
(d) The Customer acknowledges that the results of any services provided may vary depending on a number of factors (including time elapsed since Premises was last serviced and nature of the service required), and that BBC gives no guarantee as to the actual results of the Service.
(e) Except to the extent provided in this clause, BBC 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 BBC (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 BBC).
16. Indemnity
The Customer indemnifies BBC against:(a) 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
(b) All legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by BBC 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).
17. Accidents, Breakage, Damage & Theft
(a) The Customer must inform BBC of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the service provider within 24 hours of completion of the Service.
(b) 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 BBC within 24 hours of completion of the Service.
(c) To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of BBC under these terms and conditions: cash, jewelry, art, antiques, and items of sentimental value.
18. Termination
(a) This Agreement may be terminated by the Customer by providing at least 48 hours’ notice prior to the Service Time.
(b) Subject to clause 18(c), BBC may terminate this Agreement by providing the Customer with at least 24 hours’ notice prior to the Service Time.
(c) BBC may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of BBC, that breach is incapable of remedy.
19. Changes to this Agreement
(a) BBC 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 the BBC website. Each updated agreement will take effect 24 hours after it has been published on the website.
(b) The Customer agrees that any use of the Service following any such change, whether as a single job or as part of a regular service schedule, constitutes their agreement to follow and be bound by the terms and conditions as changed.
20. Mediation or Arbitration
(a) Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation Rules.
(b) If the dispute or difference is not settled within 30 days of the submission to mediation (unless such period is extended by agreement of the parties), it shall be and is hereby submitted to arbitration in accordance with, and subject to, The IAMA Arbitration Rules. Notwithstanding the existence of a dispute or difference each party shall continue to perform the Contract
21. Law & Jurisdiction
The Customer and BBC 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.
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 BBC.
TERMS AND CONDITIONS OF SALE (PEST MANAGEMENT ONLY)
Important Information Concerning Your Pest Management ProgramHealth and Safety Precautions to be observed during and after pest management treatment1. You must advise us of any pets or of any personal or family/staff allergies, or other health concerns.
2. Any persons who may be particularly sensitive, or who may suffer from allergic reactions, should, as a matter of precaution, remain out of the premises for a period of twenty-four (24) hours and not return until after the premises have been fully ventilated. Leave any air-conditioners on ‘vent mode’ (so they circulate outside air into the building) for a period of at least four hours after the treatment or after re-occupying.
3. Should you suspect anyone has come into contact with a treated area and has been affected in any way contact the Poisons Information Centre on 13 11 26 and have this notice with you.
4. You must cover all food items and all food utensils prior to a treatment, as directed.
5. You must remove or protect any people, animals, birds or fish during the treatment period. All pets/animals should be kept away from treated areas until dry and any odour has cleared.
6. You must avoid contact with treated surfaces until the insecticide has dried. This could take three (3) to twenty-four (24) hours in some cases.
7. On external treatments close all doors and windows during the treatment and keep closed until the odour has cleared. This could take three (3) to twenty-four (24) hours in some cases. This is done to avoid any odour entering the building.
8. When gaining access to, or working in the roof void and/or subfloor areas, overalls and gloves and a respirator should be worn to avoid contact with any insecticidal products. The overalls and gloves should be washed immediately and separate from other washing or disposed of as soon as practicable.
9. You must observe any verbal advice provided by our firm or our licensed technician at the time of treatment.
10. The use of our services shall also constitute your acceptance to our T`s & C`s (Above)
Payment Terms and Details of Your FREE Service Period
11. If during the course of the program it is found that structural or environmental conditions prevent us from performing any sections of the Management Program, as quoted, then the terms of the FREE Service Period or the cost of your investment may need to be reviewed.
12. Unless specific written arrangements have been provided, the full contract price shall be due and recoverable by Brisbane Bond Cleaners, commencement of works, as detailed within the offer.
13. Any FREE Service Period shall become null and void unless all monies due and payable to Brisbane Bond Cleaners have been paid in full within standard terms and in accordance with section 9 of these Terms and Conditions.
14. Where a FREE Service Period has been provided then, upon notification by you, we agree to provide you with such remedial treatment(s) as may be required to the nominated property, AT NO COST TO YOU, for the term of the FREE Service Period as detailed overleaf. Any FREE Service Period is conditional upon you immediately notifying us of the signs of the suspected pest infestation. Remedial treatment(s) will only be carried out to affected areas.
15. No responsibility can be accepted, nor warranty expressed or implied, for any damage or consequential losses that may occur as the result of past, current or future pest activity.
16. The proposed treatment only applies to the pest species named overleaf on this Pest Management Proposal. This program does not provide for a Pest Management Program against untreated pests.
Treatment Details and Pest Management Agents
17. Only Pest Management agents/products approved by the Department of Primary Industry and/or the Australian Pesticides and Veterinary Medicines Authority (APVMA) and registered for use within the relevant State or Territory will be used.
18. While every care will be taken, Brisbane Bond Cleaners will not be held liable should staining of timbers, fabrics, wall coverings, floor coverings or any other articles occur.
19. WARNING. Where concrete drilling and or cutting is required; no liability is accepted should damage result to concealed services such as power, gas, water, etc. You indemnify us against any costs that may arise from such possible damages. You should provide clear and accurate plans before we commence any such site works. (No rectification works are provided for unless mentioned overleaf).
20. You accept that this Pest Management program can be rendered ineffective if you fail to implement our recommended hygiene procedures, by making building and/or landscaping alterations, or by the introduction of conducive or infested materials.
Termites and Other Timber Pests
21. This program does not cover treatment for, or inspection for termites (white ants) or any other timber pests.
22. We strongly recommend that you should arrange to have a Timber Pest Inspection and Report completed at least annually and more frequently in high risk areas as recommended in the Australian Standards AS3660.2-2000 Termite Management Part 2: In and around existing buildings and structures-Guidelines, and such inspection and report is to be undertaken in accordance with AS4349.3-1998 Inspection of buildings Part 3: Timber Pest Inspections OR AS3660.2-2000. A Timber Pest Inspection and Report can be arranged upon request and is highly recommended.
Disclaimer of Liability to Third Parties
23. This Pest Management Program is provided solely for the benefit of the Client named overleaf. No liability or responsibility whatsoever, in contract or tort, is accepted to any third party who may rely on the proposal, quotation and/or treatment wholly or in part. Any third party acting or relying upon this proposal/quotation and/or treatment does so at their own risk.