Terms and Conditions & Privacy Policy
Terms and Conditions
These terms and conditions constitute the full and complete service agreement (the “Agreement”) between you (the “Customer”) and FCT Surface Cleaning Pty Ltd (the “Company”) which includes its sub-contractors and its agents; of PO Box 1051, Osborne Park DC WA 6916, Australia for the provision of services by FCT Surface Cleaning Pty Ltd
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, FCT Surface Cleaning Pty Ltd 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. FCT Surface Cleaning Pty Ltd will provide one or more cleaners (the “Cleaner”) to attend the Premises to provide the Service at a time and date mutually agreed between FCT Surface Cleaning Pty Ltd and the Customer (the “Service time”).
d. FCT Surface Cleaning Pty Ltd 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 FCT Surface Cleaning Pty Ltd 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 FCT Surface Cleaning Pty Ltd 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 service being provided.
c. 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 FCT Surface Cleaning Pty Ltd 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;
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 FCT Surface Cleaning Pty Ltd is an estimate only based on FCT Surface Cleaning Pty Ltd experience, without 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 FCT Surface Cleaning Pty Ltd, FCT Surface Cleaning Pty Ltd 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.
6. Bookings
a. The Customer may make a booking either in person, by either telephone, email or on the FCT Surface Cleaning Pty Ltd 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. FCT Surface Cleaning Pty Ltd provides all quotations at the time of booking.
d. The Customer agrees to provide FCT Surface Cleaning Pty Ltd with their valid credit card details at the time of booking, and authorises FCT Surface Cleaning Pty Ltd to debit any card with an amount equal to any service and/or cancellation fees that may apply under this Agreement, unless the Customer has an approved Account.
7. Payment terms
a. The Customer agrees to pay the price quoted by FCT Surface Cleaning Pty Ltd at the completion of the Clean as per terms set out in Invoice.
8. GST
a. Unless specified otherwise, all prices and quotations are expressed to be GST exclusive amounts.
9. Late payment fee
a. Where FCT Surface Cleaning Pty Ltd 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 FCT Surface Cleaning Pty Ltd 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 FCT Surface Cleaning Pty Ltd for all legal costs (on a solicitor and own client or full indemnity basis,
whichever is greater) and other expenses incurred by FCT Surface Cleaning Pty Ltd 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 FCT Surface Cleaning Pty Ltd within 24 hours of completion of the Service. FCT Surface Cleaning Pty Ltd strives to achieve customer satisfaction and will endeavour to resolve the problem quickly and efficiently. FCT Surface Cleaning Pty Ltd may, at its discretion, offer the Customer either of the following:
1. a partial refund;
2. re-supply of the Service without charge, in order to rectify issues;
3. such other remedy as deemed appropriate by FCT Surface Cleaning Pty Ltd.
11.Exclusions and limitations
a. The only conditions and warranties which are binding on FCT Surface Cleaning Pty Ltd in respect of the state, quality or condition of goods and services supplied by FCT Surface Cleaning Pty Ltd 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 FCT Surface Cleaning Pty Ltd is, at FCT Surface Cleaning Pty Ltd option, limited to and completely discharged by the re supply of the Service. FCT Surface Cleaning Pty Ltd 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 arterials, 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 FCT Surface Cleaning Pty Ltd;
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 loss incurred as a result of any breakage or damage to goods or the Premises; or
vi. the cost of any key replacement or locksmith fees, unless keys were lost by FCT Surface Cleaning Pty Ltd 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 FCT Surface Cleaning Pty Ltd 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 FCT Surface Cleaning Pty Ltd gives no guarantee as to the actual results of the Service.
g. Except to the extent provided in this clause, FCT Surface Cleaning Pty Ltd 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 FCT Surface Cleaning Pty Ltd (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 FCT Surface Cleaning Pty Ltd).
12.IndemnityThe Customer indemnifies FCT Surface Cleaning Pty Ltd 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 FCT Surface Cleaning Pty Ltd 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
a. The Customer must inform FCT Surface Cleaning Pty Ltd 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 FCT Surface Cleaning Pty Ltd 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 FCT Surface Cleaning Pty Ltd under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.
14.Cancellation fees
a. The Customer must provide FCT Surface Cleaning Pty Ltd 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 FCT Surface Cleaning Pty Ltd
b. In the event that such notice has been given FCT Surface Cleaning Pty Ltd 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 is liable to pay a cancellation fee equivalent to 2 hours cleaning (inclusive of GST) for administrative costs and loss of business.
15.Fee for non-access to premises
In the event that the Customer does not provide unencumbered access to the Premises for FCT Surface Cleaning Pty Ltd 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.
16. 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), FCT Surface Cleaning Pty Ltd may terminate this Agreement by providing the Customer with at least 24 hours’ notice prior to the Service Time.
c. FCT Surface Cleaning Pty Ltd may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of FCT Surface Cleaning Pty Ltd, that breach is incapable of remedy.
17.Privacy policy
a. The Customer acknowledges that any information provided by the Customer may be used by FCT Surface Cleaning Pty Ltd for the purpose of providing the Service. FCT Surface Cleaning Pty Ltd 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 FCT Surface Cleaning Pty Ltd 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. FCT Surface Cleaning Pty Ltd 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
a. FCT Surface Cleaning Pty Ltd 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.
19. Law & jurisdiction
The Customer and FCT Surface Cleaning Pty Ltd 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.
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.