Terms and Conditions
These terms and conditions constitute the full and complete service agreement (the “Agreement”) between you (the “Customer”) and Mr Neate Carpet Cleaning (the “Company”) which includes its contractors and its agents; of 217/16 Cotham Rd, VIC 3101, Australia for the provision of services by Mr Neate Cleaning.
Please take some time to review this Agreement. Use of our services constitutes your acceptance of these terms and conditions.
1. Cleaning Services
a. Subject to the terms of this Agreement, Mr Neate Cleaning agrees to provide cleaning services (the “Service”) to the Customer at an address specified by the Customer (the “Premises”).
b. The Service will be for such cleaning duties as agreed with the Customer at the time of booking.
c. Mr Neate Carpet Cleaning will provide one or more cleaners (the “Cleaner”) to attend the Premises to provide the Service at a time and date mutually agreed between Mr Neate Cleaning and the Customer (the “Service time”).
d. Mr Neate Cleaning endeavours to provide the Service faithfully, diligently and in a timely and professional manner.
2. Additions and amendments
a. Any changes to the Service to be provided must be agreed by Mr Neate Cleaning 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 Mr Neate Cleaning by telephone, who may agree to provide the additional services in its absolute discretion. The Cleaner is not authorised to agree to any changes to the
c. Service being provided. The Customer must not request such changes directly from the Cleaner.
3. Customer representations and warranties. The Customer represents and warrants that:
a. It will provide a safe working environment at the Premises for the Cleaner to perform the Service;
b. The Cleaner will have unencumbered and unobstructed access to those areas of the
Premises requiring the Service;
c. It will provide the Cleaner with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required by the Cleaner to provide the Service;
d. It will advise Mr Neate Cleaning prior to the commencement of the Service of any
hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the
Premises;
e. It is authorised to use the Premises and obtain the provision of Service;
f. If the Customer requires the Cleaner 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
g. 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.
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 Cleaner is entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk at the Premises;
b. 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.
5. Job quotations
a. The actual price payable by the Customer is calculated on the total number of hours worked by the Cleaner.
b. Any price quoted by Mr Neate Cleaning is an estimate only based on Mr Neate Cleaning experience, without an inspection, and based on information provided by the
Customer.
c. 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 Mr Neate Cleaning, Mr Neate Cleaning 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.
d. The Customer must inform Mr Neate Cleaning whether any cleaning services required are for an ‘end of tenancy’ at the time of quotation.
6. Bookings
a. The Customer may make a booking either in person, by either telephone, email or on the Mr Neate Cleaning website.
b. At the time of booking the Customer must provide details of any hazards, slippery
surfaces, risks or dangers, ingrained dirt, grease or grime located at the Premises;
c. Mr Neate Cleaning provides all quotations at the time of booking.
d. The Customer agrees to provide Mr Neate Carpet Cleaning with their valid credit card details at the time of booking and authorises Mr Neate Carpet Cleaning to debit any card with an amount equal to any service and/or cancellation fees that may apply under this Agreement.
e. Mr Neate Cleaning reserves the right not to accept a booking for any reason.
7. Payment terms
a. The Customer agrees to pay the price quoted by Mr Neate Cleaning in full prior to or at the Service Time unless otherwise agreed in advance with Mr Neate Cleaning.
b. If no payment has been made by the Service Time, Mr Neate Cleaning will use
reasonable endeavours to contact the Customer for payment. In the event that Mr Neate Cleaning 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 as set out in clause 16.
c. Cheque payments must be arranged and authorised prior to service should be made
payable to Mr Neate Cleaning.
d. Payments may be made via credit card, bank transfer, cheque or in cash. Payments
made by bank transfer must be cleared and in our account by the start of the clean,
payment notification should be sent to info@MrNeate.com.au
8. GST
a. Unless specified otherwise, all prices and quotations are expressed to be GST inclusive amounts.
b. If GST is payable in respect of anything supplied to the Customer under this Agreement, then the amount which the Customer is obliged to pay for that supply (Original Amount) will (subject to the receipt of a valid tax invoice) be grossed up so that Mr Neate Cleaning receives an amount which, after subtracting the GST liability of Mr Neate Cleaning results in Mr Neate Cleaning retaining the Original Amount.
9. Late payment fee
a. Where Mr Neate Cleaning has agreed to invoice the Customer for payment of fees after the Service has been completed, the Customer agrees to pay in full.
b. The Customer agrees that if Mr Neate Carpet Cleaning has not received payment in full for the Service within one calendar month of the original invoice date then a late payment fee. Interest will be charged.
c. In addition to the amounts set out above, the Customer agrees to indemnify Mr Neate Cleaning for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Mr Neate Cleaning 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.Non-appearance. If a Cleaner fails to attend the Premises within 1 hour prior of the Service Time and does not provide the requested Service, Mr Neate Cleaning 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 Mr Neate Cleaning.
11. Complaints
If the Customer is dissatisfied for any reason with the Service provided, it must inform Mr Neate Cleaning within 24 hours of completion of the Service. Mr Neate Cleaning strives to achieve customer satisfaction and will endeavour to resolve the problem quickly and efficiently. Mr Neate Cleaning may, at its discretion, offer the Customer either of the following:
1. a partial or full refund;
2. re-supply of the Service without charge, in order to rectify issues;
3. such other remedy as deemed appropriate by Mr Neate Cleaning.
12.Exclusions and limitations
a. The only conditions and warranties which are binding on Mr Neate Cleaning in respect of the state, quality or condition of goods and services supplied by Mr Neate Cleaning to Customers are those imposed and required to be binding by statute (including the Trade Practices Act 1974).
b. To the extent permitted by statute, the liability, if any, of Mr Neate Carpet Cleaning is, at Mr Neate Carpet Cleaning option, limited to and completely discharged by the re supply of the Service. Mr Neate Carpet Cleaning is not responsible for:
c. 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 aterials,
cleaning equipment, utility services, a safe working environment or unencumbered
access to the Premises); or
d. not completing or providing the Service as a result of the Cleaner not proceeding for health and safety reasons under clause 4;
i. 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 Mr Neate Carpet Cleaning;
ii. 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;
iii. existing dirt, wear, damage or stains that cannot be completely cleaned or
removed;
iv. any wear or discolouring of fabric or surfaces becoming more visible once dirt has
been removed;
v. 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
vi. the cost of any key replacement or locksmith fees, unless keys were lost by Mr Neate Carpet Cleaning or the Cleaner.
e. 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 Mr Neate Carpet Cleaning are excluded.
f. 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 Mr Neate Carpet Cleaning gives no guarantee as to the actual results of the Service.
g. Except to the extent provided in this clause, Mr Neate Carpet Cleaning 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 Mr Neate Carpet Cleaning (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 Mr Neate Carpet Cleaning).
13.Guarantee & Warranty Periods
a. CARPET & UPHOLSTERY CLEANING:
No Complaint received in respect to any work or service contracted for will be
considered unless lodged in writing with the Company within forty-eight (48)
hours of the performance of, or non-performance of the work or service
complained of without presentation of clients invoice. Please send any
complaints to: info@MrNeate.com.au
2. GENERAL CLEANING:
No Complaint received in respect to any work or service contracted for will be
considered unless lodged in writing with the Company within seven (7) days of
the performance of or non-performance of the work or service complained of
without presentation of clients invoice.
c. PEST CONTROL:
Pest Management Technicians will provide information, advise and make notes
of directions that must be adhered to in order to maintain warranty periods
detailed below:
1. Fleas: 3 months
2. Webbing Spiders: 6 months
3. Ants: 6 or 12 months depending on treatment provided and / or warranty
purchased.
4. Cockroaches & Silverfish: 12 months
5. All other pests and treatments will be itemised on customer’s invoices.
14.IndemnityThe Customer indemnifies Mr Neate Carpet Cleaning 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 Mr Neate Carpet Cleaning 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).
15. Accidents, breakage, damage & theft
a. The Customer must inform Mr Neate Carpet Cleaning 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.
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 Mr Neate Carpet Cleaning 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 Mr Neate Carpet Cleaning under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.
16.Cancellation fees
a. The Customer must provide Mr Neate Carpet Cleaning with at least 24 hours’ notice prior to the Service Time, if they wish to suspend, postpone or cancel the Service for any reason. This notice must be made by a telephone call to a phone number supplied by Mr Neate Carpet Cleaning
b. In the event that such notice has been given, Mr Neate Carpet Cleaning will endeavour to reschedule the Service if required.
c. 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 2 hours cleaning (inclusive of GST) for administrative costs and loss of
business.
d. In the event that less than two hours’ notice is given to the commencement of the
clean, the Customer agrees to pay a cancellation fee equivalent to 50% of the total job
charge.
e. In the event that the Customer does not provide and notice and turns Cleaners away, the Customer agrees to pay the cancellation fee of the total job price.
17.Fee for non-access to premises
In the event that the Customer does not provide unencumbered access to the Premises for Mr Neate Carpet Cleaning or its Cleaners to provide the Service, the Customer agrees to pay a cancellation fee equivalent to $80.00 (inclusive of GST) for administrative and travel costs.
18. Termination
a. This Agreement may be terminated by the Customer by providing at least 24 hours’ notice prior to the Service Time.
b. Subject to clause 17(c), Mr Neate Carpet Cleaning may terminate this Agreement by providing the Customer with at least 24 hours’ notice prior to the Service Time.
c. Mr Neate Carpet Cleaning may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of Mr Neate Carpet Cleaning, that breach is incapable of remedy.
19.Privacy policy
a. The Customer acknowledges that any information provided by the Customer may be used by Mr Neate Carpet Cleaning for the purpose of providing the Service. Mr Neate Carpet Cleaning 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).
b. The Customer agrees to Mr Neate Carpet Cleaning 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.
c. Mr Neate Carpet Cleaning will take all reasonable precautions to protect personal information provided by the Customer from loss, misuse, unauthorised access or disclosure, alteration or destruction.
20. Changes to this agreement
a. Mr Neate Carpet Cleaning 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.
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 cleaning schedule, constitutes their agreement to follow and be bound by the terms and conditions as changed.
21. Law & jurisdiction
The Customer and Mr Neate Carpet Cleaning 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.
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 Mr Neate Carpet Cleaning.
