Terms of service

These terms and conditions constitute the full and complete service agreement (the “Agreement”) between you (the “Customer”) and Sweep Scrub Pty Ltd for the provision of services by Sweep Scrub.

Cleaning & Maintenance Services

Subject to the terms of this Agreement, Sweep Scrub agrees to provide cleaning and maintenance services (the “Service”) to the Customer at an address specified by the Customer (the “Premises”).

The Service will be for such duties as agreed with the Customer at the time of booking.

Sweep Scrub will provide one or more team member(s) (the “Team Member”) to attend the Premises to provide the Service at a time and date mutually agreed between Sweep Scrub and the Customer (the “Service Time”).

Sweep Scrub endeavours to provide the Service faithfully, diligently and in a timely and professional manner.

Additions & Amendments

Any changes to the Service to be provided must be agreed by Sweep Scrub prior to the Service Time.

If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact Sweep Scrub by telephone or email, who may agree to provide the additional services in its absolute discretion. The Team Member is not authorised to agree to any changes to the Service being provided. The Customer must not request such changes directly from the Team Member.

Customer Representations & Warranties

The Customer represents and warrants that:

• it will provide a safe working environment at the Premises for the Team Member(s) to perform the Service;
• the Team Member(s) will have unencumbered and unobstructed access to those areas of the Premises requiring the Service;
• it will provide the Team Member(s) with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required by the Team Member  to provide the Service;
• it will provide all usual and necessary cleaning equipment and materials required by the Team Member(s) to provide the Service, unless other arrangements have been made with Sweep Scrub;
• all cleaning equipment and materials provided by the Customer are safe, have not been tampered with and are in full working order;
• it will advise Sweep Scrub prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the Premises;
• it is authorised to use the Premises and obtain the provision of Service; and
• 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.

Health & Safety Risks

In addition to the obligations and warranties set out above, the Customer acknowledges and agrees that:

• the Team Member 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 Team Member 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 Team Member thinks, in their absolute discretion, that the use of such materials or cleaning equipment poses a risk to health and safety.
• the Team Member 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 Team Member, a risk to health and safety.

No Engagement of Team Members

The Customer acknowledges Sweep Scrub invests significant resources in recruiting, selecting and training its Team Members. Unless Sweep Scrub gives prior written permission, the Customer must not, directly or indirectly, engage, employ or contract with any Team Member  to provide domestic services to the Customer or any associate of the customer for any period during which services are provided by Sweep Scrub or for a period within 12 months after the conclusion of any Service.

The Customer acknowledges that Sweep Scrub may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Customer.

Job Quotations

Any price quoted by Sweep Scrub is an estimate only based on Sweep Scrub’s experience, 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 Sweep Scrub, Sweep Scrub 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.

The Customer must inform Sweep Scrub whether any cleaning services required are for an ‘end of tenancy’ at the time of quotation.

Bookings

The Customer may make a booking either in person, by either telephone, fax, or email.

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;

The Customer agrees to provide Sweep Scrub with their valid credit card details at the time of booking, and authorises Sweep Scrub to debit any card with an amount equal to any service and/or cancellation fees that may apply under this Agreement.

Sweep Scrub reserves the right not to accept a booking for any reason.

Payment Terms

The Customer agrees to pay the price quoted by Sweep Scrub within 30 days on completion of the service, unless otherwise agreed in advance with Sweep Scrub.

If no payment has been made by the Service Time, Sweep Scrub will use reasonable endeavours to contact the Customer for payment. In the event that Sweep Scrub 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 the Late Payment Fee clause.

Payments may be made via credit card, bank transfer, cheque or in cash.

Cheque payments should be made payable to Sweep Scrub Pty Ltd.

GST

Unless specified otherwise, all prices and quotations are expressed to be GST exclusive amounts.

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 Sweep Scrub receives an amount which, after subtracting the GST liability of Sweep Scrub, results in Sweep Scrub retaining the Original Amount.

Late Payment Fee

The Customer agrees that if Sweep Scrub has not received payment in full for the Service within one calendar month of the original invoice date then a late payment fee of $45 applies for the first month. Interest will be charged at 10% per annum compounding daily on each day that any amount remains outstanding thereafter.

In addition to the amounts set out above, the Customer agrees to indemnify Sweep Scrub for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Sweep Scrub 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.

Complaints

If the Customer is dissatisfied for any reason with the Service provided, it must inform Sweep Scrub within 24 hours of completion of the Service. Sweep Scrub strives to achieve 100% customer satisfaction and will endeavour to resolve the problem quickly and efficiently. Subject to the Exclusion & Limitations clause, Sweep Scrub may, at its discretion, re-perform the service engaged for.

Exclusions & Limitations

The only conditions and warranties which are binding on Sweep Scrub in respect of the state, quality or condition of goods and services supplied by Sweep Scrub 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 Sweep Scrub is, at Sweep Scrub’s option, limited to and completely discharged by the resupply of the Service. Sweep Scrub is not responsible for:

• not completing or providing the Service as a result of a breach of a warranty by the Customer (including a failure by the Customer to provide proper materials, cleaning equipment, 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 Team Member not proceeding for health and safety reasons;
• 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 Sweep Scrub;
• 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; or
• any wear or discolouring of fabric or surfaces becoming more visible once dirt has been removed;

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 Sweep Scrub 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 Sweep Scrub gives no guarantee as to the actual results of the Service.

Except to the extent provided in this clause, Sweep Scrub 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 Sweep Scrub (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 Sweep Scrub).

Indemnity

The Customer indemnifies Sweep Scrub 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 Sweep Scrub 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).

Accidents, Breakage, Damage & Theft

The Customer must inform Sweep Scrub of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Team Member 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 Sweep Scrub 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 Sweep Scrub under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.

Cancellation Fees

The Customer must provide Sweep Scrub 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, Sweep Scrub will endeavour to reschedule the Service if required.

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.

Fee for non-access to premises

In the event that the Customer does not provide unencumbered access the Premises for Sweep Scrub or its Team Members to provide the Service, the Customer agrees to pay a cancellation fee equivalent to 2 hours cleaning (inclusive of GST) for administrative and travel costs.

Termination

This Agreement may be terminated by the Customer by providing at least 24 hours’ notice prior to the Service Time.

Sweep Scrub may terminate this Agreement by providing the Customer with at least 24 hours’ notice prior to the Service Time.

Sweep Scrub may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of Sweep Scrub, that breach is incapable of remedy.

Privacy Policy

The Customer acknowledges that any information provided by the Customer may be used by Sweep Scrub for the purpose of providing the Service. Sweep Scrub 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 Sweep Scrub 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.

Sweep Scrub will take all reasonable precautions to protect personal information provided by the Customer from loss, misuse, unauthorised access or disclosure, alteration or destruction.

Changes To This Agreement

Sweep Scrub 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.

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.