These terms and conditions constitute the full and complete service agreement (the “Agreement”) between you (the “Customer”) and . By booking a residential or commerElite Services Groupl clean you agree to the terms and conditions listed below. Please take the time to review. 1. Cleaning Services • Elite Service Group agrees to provide cleaning, gardening and maintenance services to the customer at the specified address given by the customer. • The Service agreed upon with the customer and as part of accepting the given quote will be to provide cleaning, gardening and maintenance services. • will provide people and labour at the given premises and service provided at the agreed date and time between and the customer. • aims to provide quality work and agreed upon services to its full completion in a professional manner. 2. Additions and Amendments • Changes to the services requested can be made if agreed upon by and the customer in a timely manner and prior to commencement of any work. • Any requests for changes in services, must be contacted by phone or email. We will consider the changes however we are not obliged to these changes. Any changes are to go through our head office and not through the person providing the labour. 3. Warranties The customer is obliged to: • provide an environment that is safe to work in for the labourer to perform the service; • access to the property is to be unencumbered and unobstructed to allow the labourer to conduct the services requested; • provide access to all utilities required for the service - including but not limited to electricity, hot and cold water, rubbish bins as required by the Labour to provide the service; • will provide all standard cleaning products and materials required by the Cleaner to provide the Service, unless other arrangements have been made with ; • All estimates will attract a charge of 5% of the total cleaning cost to cover all standard cleaning products and materials used by the . Any specific products required for a job and sourced by will be discussed with the client and charged accordingly; • advise Labour prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the Premises; • authorised to use the Premises and obtain the provision of Service; • or maybe required to assist the Labour to move heavy items during the Service to enable cleaning behind or under heavy items (eg. a bed, fridge, bookshelf, or other furniture); and • 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: • the Labour 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 Labour 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 Labour thinks, in their absolute discretion, that the use of such materials or cleaning equipment poses a risk to health and safety. • the Labour 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 Labour, a risk to health and safety. 5. No Engagement of Cleaners • The Customer acknowledges invests significant resources in recruiting, selecting and training its Labour. Unless gives prior written permission, the Customer must not, directly or indirectly, engage, employ or contract with any Labour to provide domestic services to the Customer or any assoElite Services Groupte of the customer for any period during which services are provided by or for a period within 12 months after the conclusion of any Service. • The Customer acknowledges that may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Customer. 6. Job Quotations & Bookings • The Customer may make an enquiry either by telephone or email or on the website via a Quick Quote request or Contact Us form. • The Customer must inform by specifying the type of clean required; ie: vacate clean end of tenancy, spring clean, regular service at the time of quotation. • The actual price payable by the Customer is calculated by the scope of work outlined by the Customer during the initial brief received by over the phone. • At the time of booking the Customer must provide details of any hazards, dangers or safety risks, defects, ingrained dirt, grease or grime located at the Premises; • Any price quoted by is an estimate only based on 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. • 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 , ESG 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. • reserves the right not to accept a booking for any reason. • For larger jobs, reserve the right to charge a 50% commencement fee to be paid prior to commencement of Service. • reserves the right not to accept a booking for any reason. 7. Payment Terms • The Customer agrees to pay the price quoted by ELITE SERVICES GROUP in full on receipt of invoice. • If a 50% commencement fee is applicable to the Service and no payment has been made by the Service time, ELITE SERVICES GROUP will use reasonable endeavours to contact the Customer for payment. In the event that ELITE SERVICES GROUP 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 14. • Payments may be made via bank transfer or cheque. Payments by bank transfer should be made to: Account Name: Elite Services Group Account BSB: 082 356 Account No: 41 349 0124 Transaction Ref: Invoice Ref No or Surname/Address Cheque payments should be made payable to ELITE SERVICES GROUP Pty Ltd. 8. GST • Unless specified otherwise, all prices and quotations are expressed to be GST Exclusive amounts. 9. Late Payment Fee • Where ELITE SERVICES GROUP 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, upon receipt of invoice. • The Customer agrees that if ELITE SERVICES GROUP has not received payment in full for the Service within one calendar month of the original invoice date then a late payment fee of 10% applies monthly to balances outstanding. • In addition to the amounts set out above, the Customer agrees to indemnify ELITE SERVICES GROUP for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by ELITE SERVICES GROUP 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. 10. Complaints If the Customer is dissatisfied for any reason with the Service provided, it must inform ELITE SERVICES GROUP within 24 hours of completion of the Service. ELITE SERVICES GROUP strives to achieve 100% customer satisfaction and will endeavour to resolve the problem quickly and efficiently. Subject to clause 11, ELITE SERVICES GROUP 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 ELITE SERVICES GROUP. 11. Exclusions and Limitations • The only conditions and warranties which are binding on ELITE SERVICES GROUP in respect of the state, quality or condition of goods and services supplied by ELITE SERVICES GROUP 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 ELITE SERVICES GROUP is, at ELITE SERVICES GROUP‘s option, limited to and completely discharged by the resupply of the Service. ELITE SERVICES GROUP is not responsible for: • 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); or • any damages caused by defective cleaning materials or cleaning equipment provided by the Customer; • not completing or providing the Service as a result of the Cleaner not proceeding for health and safety reasons under clause 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 ELITE SERVICES GROUP; • 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, damage or stains that cannot be completely cleaned or removed; • any wear or discolouring of fabric or surfaces becoming more visible once dirt has been removed; • 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 ELITE SERVICES GROUP or the Cleaner. • 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 ELITE SERVICES GROUP are excluded. • 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 ELITE SERVICES GROUP gives no guarantee as to the actual results of the Service. • Except to the extent provided in this clause, ELITE SERVICES GROUP 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 ELITE SERVICES GROUP (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 ELITE SERVICES GROUP). 12. Indemnity The Customer indemnifies ELITE SERVICES GROUP 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 ELITE SERVICES GROUP 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). 13. Accidents, Breakage, Damage & Theft • The Customer must inform ELITE SERVICES GROUP 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. • 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 ELITE SERVICES GROUP within 24 hours of completion of the Service. • To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of ELITE SERVICES GROUP under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value. 14. Cancellation fees • The Customer must provide ELITE SERVICES GROUP with at least 24 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, ELITE SERVICES GROUP will endeavour to reschedule the Service if required. • Cancellations received after 10am on the business day prior to service will incur a $70 ex GST (regular service) or 25% ex GST (one off service) cancellation fee for administrative costs and loss. 15. Fee for Non-Access to Premises In the event that the Customer does not provide unencumbered access the Premises for ELITE SERVICES GROUP or its Cleaners to provide the Service, the Customer agrees to pay a cancellation fee equivalent to that set out in clause 14.3 16. Termination • This Agreement may be terminated by the Customer by providing at least 24 hours notice prior to the Service Time. • Subject to clause 18, ELITE SERVICES GROUP may terminate this Agreement by providing the Customer with at least 24 hours notice prior to the Service time. • ELITE SERVICES GROUP may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of ELITE SERVICES GROUP, that breach is incapable of remedy. 17. Privacy Policy • The Customer acknowledges that any information provided by the Customer may be used by ELITE SERVICES GROUP for the purpose of providing the Service. ELITE SERVICES GROUP 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 ELITE SERVICES GROUP 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. • ELITE SERVICES GROUP will take all reasonable precautions to protect personal information provided by the Customer from loss, misuse, unauthorised access or disclosure, alteration or destruction. 18. Changes to this Agreement • ELITE SERVICES GROUP 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. 19. Law & Jurisdiction The Customer and ELITE SERVICES GROUP acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of Victoria and both agree to submit to the exclusive jurisdiction of the courts of Victoria in the event of any dispute. 20. 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. 21. 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 the Elite Services Group Pty Ltd.
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