All Adelaide Regions
Monday - Saturday (8:00 AM - 10:00 PM)
Haidar Company Pty Ltd (ABN 69 629 375 837),
trading as Oz Cleaners – One Stop Cleaning Service Provider (“Oz Cleaners”), operates a website
named www.ozcleaners.com.au, mobile
applications and associated administrative services (together with the “Platform”)
through which customers (“Users”) can book a Business for the provision
of household and commercial services such as window cleaning, internal cleaning,
high-pressure cleaning, gutter cleaning, etc. services (“Services”), by
submitting a booking request.
The
Businesses are independent services providers which are registered with Oz
Cleaners to provide the Services. The Customer acknowledges that Oz Cleaners
does not provide the Services and the Services are provided by Businesses that
are not employed or subcontracted by Oz Cleaners or any of its affiliates.
Oz
Cleaners may receive and confirm Customer’s requests for the Services, accept
payments, and issue receipts or tax invoices on behalf of the Businesses.
Customer
enters into two contractual relationships, the first contract being with Oz
Cleaners, governing the Customer’s access to and use of the website
www.ozcleaners.com.au (“Terms”)
and the second contract being this contract between a Business and the Customer
for the provision of the Services, and with Oz Cleaners as a technology
provider in respect of the Services (“Agreement”).
By
making a Booking, the Customer acknowledges that it has read, understood and
agrees to be bound by this Agreement and that the Services are provided by the
Business pursuant to this Agreement. By accepting a Booking and providing the
Service the Business acknowledges that it has read, understood and agrees to be
bound by this Agreement.
1.1 In the interpretation of
this Agreement the following words shall have the following meanings unless the
contrary intention is indicated.
i.
“Agreement” means this agreement together with any schedules or
annexures hereto, which may be amended from time to time in writing, as agreed
to by the Parties;
ii.
“Annexure” means the email received by the Customer confirming the
Booking or the email received by the Business confirming its acceptance of the
Booking acting as an annexure to this Agreement;
iii.
“Booked Services” means the Services to be undertaken by the Business as
defined in the Annexure;
iv.
“Booked Service Location” means the address where the Booked
Services are to be carried out as identified in the Annexure;
v.
“Booking” means the reservation made via the Platform for the
Services to be carried out at the Scheduled Time and Booked Service Location.
for the Booked Service Duration;
vi.
“Booked Service Duration” means the amount of hours that the
Customer has booked the services of the Business as identified in the Annexure;
vii.
“Business” means the person or entity named as such in the Annexure
and includes the employees or contractors performing Services on behalf of the
Business;
viii.
“Claim” shall mean any and all present and future claims, actions,
demands and rights howsoever arising out of, or in connection with the
Services, including any claim for damages, complaint, action, suit, cause of
action or proceedings, arbitration, debt due, cost and expense (including legal
cost and expense), demand, verdict or judgment arising out of any provisions
under statute, award, order or determination whether or not known at the date
of this Agreement;
ix.
“Customer” means the person or entity named as such in the Annexure;
x.
“Dollar” or “$” means Australian Dollars;
xi.
“Service Checklist” means Oz Cleaners’
checklist for different services as set out to the Service Single Page in the
website ww.ozcleaners.com.au including
any Extras included in the Booking;
xii.
“Estimate” has the meaning set out in clause 2;
xiii.
“Revised Estimate” has the meaning set out in clause 2;
xiv.
“Scheduled Time” means the time and date the Services are to be undertaken
by the Business as identified in the Annexure;
xv.
“Services” means the Services to be provided to the Customer by the
Business in accordance with this Agreement; and
xvi.
“Service Fee” means the total fee payable for the provision of the
Services as advised by Oz Cleaners from time to time;
xvii.
“Website” means www.ozleaners.com.au
1.2 In this Agreement, unless the context otherwise requires:-
i. headings are for
convenience only and do not affect the interpretation of this Agreement;
ii. words importing the
singular include the plural and vice versa;
iii. words importing a gender
include any gender;
iv. an expression importing
a natural person includes any entity, partnership, joint venture, association,
corporation and any Governmental Agency;
v. a reference to a
‘Party’, ‘Plaintiff’ and/or ‘Defendant’ collectively refers to the respective
entity and, without limitation, its directors, officers, members, employees and
agents;
vi. a reference to anything
(including, but not limited to, any right) includes a part of that thing;
vii. a reference to a part,
clause, party, annexure, exhibit or schedule is a reference to a part and
clause of, and a party, annexure, exhibit and schedule to, this Agreement and a
reference to this Agreement includes any annexure, exhibit or schedule;
viii. reference to a statute,
regulation, proclamation, ordinance or by-law includes all statutes,
regulations, proclamations, ordinances or by-laws amending, consolidating or
replacing it, and a reference to a statute includes all regulations,
proclamations, ordinances and by-laws issued under that statute.
ix. a reference to a
document includes all amendments or supplements to, or replacements or
notations of, that document;
x. no provision of this
Agreement will be construed adversely to a party solely on the ground that the
party was responsible for the preparation of this Agreement or that provision;
and
xi. a covenant of Agreement
on the part of two or more persons binds them jointly and severally.
2. Booking
3. Business Obligations
i.
In providing the Services to the Customer, the Business shall:
a)
undertake the Services with acceptable care and skill;
b)
take all necessary steps to avoid any loss of and/or damage to
the Customer’s property;
c)
deliver the Services in a manner, to the greatest extent
possible, which gives the desired results as agreed by the Parties;
d)
utilise the Booked Service Duration effectively and efficiently
in providing the Services; and
e)
deliver the Services in accordance with the Booked Services.
ii.
The Services will be deemed to have been performed and accepted
in accordance with this Agreement. If the Customer is not satisfied, it may, as
soon as practicable but no later than 24 hours after the completion of the
Services, advise Oz Cleaners that the Services were not performed to an
acceptable standard.
iii.
If the Business has performed the Services unsatisfactorily, the
Business agrees to return to the Booked Service Location and complete the
Services to an acceptable standard at a time arranged between the Customer and
the Business with assistance from Oz Cleaners.
iv.
If for any reason, the Business leaves the Booked Service
Location prior to the scheduled end of the Booked Service Duration, the
Business must notify Oz Cleaners as soon as is practical.
v.
If the Business does not complete the Services within the Booked
Service Duration, it must notify Oz Cleaners immediately that the Services were
not completed and the reason for non-completion. The parties, with assistance
from Oz Cleaners, will determine whether the Booking should be extended, at no
charge to the Customer or a new Booking should be made. If the Parties cannot
agree, the Business should leave the Booked Service Location at the scheduled
end of the Booked Service Duration. If it is determined that a new Booking should
be made, the parties will work with Oz Cleaners to organise a new Scheduled
Time for the Booking.
vi.
Statutory entitlements of the Customer against the Business over
and above the right to a resupply of the Services remain unaffected.
vii.
The Business should provide all Cleaning Products and Equipment
unless the Customer has chosen to supply the Cleaning Products and Equipment.
viii.
The Business must comply with all terms as set out in the
Agreement for Services between Oz Cleaners Australia Pty Ltd and the Business.
4. Customer’s
obligations
i.
The Customer shall do all things necessary to enable the
Business to efficiently perform the Services in accordance with the Booking.
ii.
The Customer shall do all things necessary to provide a safe
workplace for the Business.
iii.
The Customer acknowledges that if more than one person provides
the Services under the Booking, the Booked Service Duration will be divided by
the number of persons providing the Services. For example, if the Booked
Service Duration of a Booking is two (2) hours and the Business provides a team
of two (2) persons to provide the Cleaning Services under the Booking, the
Booked Service Duration will be divided by the number of persons in the team
providing the Services (so in this example, the Booked Service Duration will be
reduced from 2 hours to 1 hour).
iv.
The Customer must provide the Business with access details to
the Booked Service Location and customer agrees to allow the Business a 30
minutes to 2.0 hours window to be present on the Booked Service Location.
v.
The Customer acknowledges and agrees that parking fascility will
be provided nearby the property, power and running hot water too, if required.
a.
For regular internal cleaning, Spring/Once off cleaning or EOL
Services then power and running hot water are must be required. If customer
unable to to so, the Booking shall be deemed cancelled.
b.
If the customer is late for more than 30 minute to provide
access to the business then customer’s account will be charged $49.5/man hour.
That means if a team of 2 wait for 1 hour then customer’s account will be
charge for 2 man hours which is $99.0.
c.
If there is no parking fascility near by the property and
busness needs to park in a paid parking area then customer will be responsible
for the parking fees and additional charages may apply for the required time
taken from the car to the propery.
vi.
The Customer should notify Oz Cleaners of any damage caused by
the Business to the Customer’s property as soon as practical, but no later than
24 hours after the completion of the Services.
vii.
The Customer agrees that the Service Provider is not liable for
wear and tear damages. The Service Provider is not liable for genuinely
accidental damage while delivering Oz Cleaners Services.
viii.
The Customer agrees that the Service Provider reserves the right
to the opportunity right to remedy any damage and/or incomplete work.
5. Bond-back
guarantee
i.
Bond Back Guarantee:
a)
only applies to items in the EOL Service Checklist;
b)
only applies to Eligible EOL Services;
c)
only applies to vacant – unfurnished properties at the
commencement of service; and
d)
does not apply in respect of any property that has been damaged
prior to the commencement of the Booking.
ii.
Any claim for Bond-Back Guarantee must be made within 5 working
days of the Scheduled Time, and must identify the specific items required to be
re-cleaned pursuant to the Bond-Back Guarantee.
iii.
Any claim for Bond-Back Guarantee must be in written and emailed
to support@ozcleaners.com.au with the detailed
inspection report and relevant photos.
iv.
Pursuant to the Bond-Back Guarantee, if the Customer’s rental
bond is withheld as a direct result of the Business not performing the Services
to the satisfaction of the Customer’s real estate agent or property manager,
the Business agrees to return once only to the Booked Service Location and
complete the Services to an acceptable standard at a time arranged between the
Customer and the Business with assistance from Oz Cleaners. Bond-Back Guarantee.
v.
To rectify any issues arised to comply with bond back guarantee,
business will get upto 3 working days to return to the Booked Service Location
and complete the Services to an acceptable standard at a time arranged between
the Customer and the Business with assistance from Oz Cleaners.
vi.
It is the Customer’s responsibility to arrange for the real
estate agent or property manager to be onsite when the Business returns to
complete the Bond-Back Guarantee, so that they can ensure all Services are
completed to an acceptable standard.
vii.
Notwithstanding any other provision of this Agreement, Bond-Back
Guarantee is the Customer’s sole and exclusive remedy for any claim arising in
connection with the cleaning standard of an Eligible EOL Service. For the
avoidance of doubt, neither Oz Cleaners nor the Business shall have any
obligation to reimburse Customer in the event that any or all of the Customer’s
rental bond is not returned for any reason.
6.
Satisfaction guarantee
i.
Satisfaction Guarantee:
a)
only applies to items in the Spring Cleaning, or Once Off
Cleaning Service Checklist, and for all ther services as per booked items
cleaning except EOL Services;
b)
does not apply in respect of any property that has been damaged
prior to the commencement of the Booking.
c)
Dos not apply to any regular cleaning since business will
rectify any issue arised, to the next visit of service only,
ii.
Any claim for Satisfaction Guarantee must be made within 3
calander days of the Scheduled Time, and must identify the specific items
required to be re-cleaned pursuant to the Satisfaction Guarantee.
iii.
Any claim for Satisfaction Guarantee must be in written and
emailed to support@ozcleaners.com.au with the detailed inspection report and
relevant photos.
iv.
Pursuant to the Satisfaction Guarantee, the Business agrees to
return once only to the Booked Service Location and complete the Services to an
acceptable standard at a time arranged between the Customer and the Business
with assistance from Oz Cleaners. Bond-Back Guarantee.
v.
To rectify any issues arised to comply with Sataisfaction Guarantee,
business will get upto 3 working days to return to the Booked Service Location
and complete the Services to an acceptable standard at a time arranged between
the Customer and the Business with assistance from Oz Cleaners.
vi.
It is the Customer’s responsibility to be onsite when the
Business returns to complete the Satisfaction Guarantee, so that they can
ensure all Services are completed to an acceptable standard.
7.PAYMENT
i.
By making a Booking, the Customer consents to and authorises Oz
Cleaners to deduct the Service Fee on behalf of the Business from its nominated
payment method in accordance with the Terms.
ii.
Upon payment, Oz Cleaners will issue the Customer with a receipt
for the Services.
iii.
At the time of the first Booking, the Customer’s payment details
will be transferred to Oz Cleaners’s secure gateway and Oz Cleaners will
facilitate the automatic debit of the Service Fee to the Customer’s nominated
payment method in accordance with the Terms and Conditions for the Services
rendered by the Business.
iv.
At the time of booking, Oz Cleaners will take a 20% deposit of
total price for the Booking. The balance 80% will be charged from customer’s
account 72-24 hours prior to the scheduled date and time. The customer must
ensure that sufficient funds are available for debit at that time. Charges
relating to insufficient funds at the time of debit may be passed onto you.
v.
If the Customer makes a recurring Booking, the Customer’s
payment details will be transferred to Oz Cleaners’s secure payment gateway. 72-24
hours prior to the scheduled Services in the recurring booking, Oz Cleaners
will facilitate the payment for the Services. The Customer must ensure that
sufficient funds are available for debit at that time. Fees and charges
relating to insufficient funds at time of debit will be passed onto the
Customer.
8. CHANGES AND CANCELLATIONS
i.
The Customer can cancel or amend a Booking free of charge, up to
72 hours before the Scheduled Time. However, the amount deposited to confirm the booking will not be
refunded but can be used for future bookings.
ii.
If the Customer cancels or amends a Booking up to 24 hours
before the Scheduled Time, they will have to pay cancellation costs equivalent
to 20% of the value of the Booking itself.
iii.
If the Customer cancels or amends a Booking within 24 hours
before the Scheduled Time, they will have to pay cancellation costs equivalent
to 50% of the value of the Booking itself.
iv.
If the Customer cancels or amends a Booking on the Scheduled
Date, they will have to pay cancellation costs equivalent to 100% of the value
of the Booking itself.
v.
The Booking cannot be amended, extended or cancelled during the
performance of the Services, unless a determination has been made pursuant to
clause 3.v.
vi.
The Customer acknowledges and agrees that if the Business is
unable for any reason to perform the Services, the Services may be performed by
another Business pursuant to the Terms and Conditions.
9. REFUNDS
i.
Should the Customer be entitled to a refund as a result of a
breach of this Agreement by the Business, the refund will be limited to the
amount paid by way of Service Fee.
10. TERMINATION
i.
Party can immediately terminate this Agreement, if the other
Party breaches any material term of this Agreement.
ii.
If the Booking is cancelled in accordance with all clauses in 8 above, this Agreement is simultaneously
terminated.
iii.
This Agreement shall terminate immediately once both Parties
have fulfilled their obligations under this Agreement.
11. NON SOLICITATION
i.
The Business has agreed with Oz Cleaners that it will not, by
direct arrangement with the Customer without the involvement of Oz Cleaners,
(unless otherwise agreed in writing by Oz Cleaners) accept any appointment or
engagement with, or otherwise render any services to the Customer or to any
related entity of the Customer at any time from the date of this Agreement and
for a period of twelve months following the termination of the Business’s
services with Oz Cleaners.
ii.
The Customer agrees that it will not, by direct arrangement with
the Business without the involvement of Oz Cleaners, accept any appointment or
engagement with, or otherwise engage the services of the Business or a related
entity of the Business at any time from the date of this Agreement and for a
period of twelve months following the termination of the Business’s services
with Oz Cleaners.
12. GENERAL PROVISIONS
i.
Time is of the essence in the performance by the Parties of
their obligations under this Agreement.
ii.
This Agreement must not be amended except by an instrument in
writing signed by each of the Parties to this Agreement.
iii.
The Parties acknowledge that this Agreement constitutes the
entire Agreement and understanding of and between the Parties and that there
are no other representations, promises, warranties, covenants, undertakings,
terms or conditions, whether oral or in writing, in relation to the subject
matter of this Agreement of any force or effect unless contained in this
Agreement.
iv.
All notices, demands and other communications between the
Parties for the purposes of this Agreement shall be in writing and addressed to
the Party’s address stipulated in this Agreement.
v.
If a clause is void, illegal or unenforceable, it may be severed
without affecting the enforceability of the other provisions in this Agreement.
vi.
This Agreement may be executed in any number of counterparts and
all such counterparts when executed and taken together will constitute this
Agreement.
vii.
No right under this Agreement is deemed to be waived except by
notice in writing to that effect signed by each party.
viii.
No waiver by any party to this Agreement of a breach by any
other party shall be construed as a waiver of any subsequent breach.
ix.
These Terms shall be governed by and construed following the law
for the time applying to Australia and you agree to submit to the non-exclusive
jurisdiction of the Courts of Australia.