Terms and Conditions

These terms and conditions constitute the full and complete service agreement (the “Agreement”) between you (the “Customer”) and Joseph Doan ABN: 50786986076 of 207/133 Pacific Hwy, Crows Nest NSW 2065, Australia for the provision of services by TAK Cleaning Services.

Please take some time to review this Agreement. Use of our services constitutes your acceptance of these terms and conditions.

1. Cleaning services
   1. Subject to the terms of this Agreement, TAK Cleaning Services agrees to provide cleaning services (the “Service”) to the Customer at an address specified by the Customer (the “Premises”).
   2. The Service will be for such cleaning duties as agreed with the Customer at the time of booking.
   3. TAK Cleaning Services will provide one or more cleaners (the “Cleaner”) to attend the Premises to provide the Service at a time and date mutually agreed between TAK Cleaning Services and the Customer (the “Service Time”).
   4. TAK Cleaning Services endeavours to provide the Service faithfully, diligently and in a timely and professional manner.
2. Additions and amendments
   1. Any changes to the Service to be provided must be agreed by TAK Cleaning Services prior to the Service Time.
   2. If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact TAK Cleaning Services by telephone, who may agree to provide the additional services in its absolute discretion and subject to additional charges. The Cleaner is not authorised to agree to any changes to the 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:

1. 1. it will provide a safe working environment at the Premises for the Cleaner to perform the Service;
   2. the Cleaner will have unencumbered and unobstructed access to those areas of the Premises requiring the Service;
   3. 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;
   4. it will provide all usual and necessary cleaning equipment and materials required by the Cleaner to provide the Service, unless other arrangements have been made with TAK Cleaning Services;
   5. all cleaning equipment and materials provided by the Customer are safe, have not been tampered with and are in full working order;
   6. it will advise TAK Cleaning Services prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the Premises;
   7. it is authorised to use the Premises and obtain the provision of Service;
   8. 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
   9. 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.

1. Health and safety risks

In addition to the obligations and warranties set out in clause 3 above, the Customer acknowledges and agrees that:

1. 1. 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;
   2. the Cleaner 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 Cleaner thinks, in their absolute discretion, that the use of such materials or cleaning equipment poses a risk to health and safety.
   3. 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.
2. No engagement of cleaners
   1. The Customer acknowledges TAK Cleaning Services invests significant resources in recruiting, selecting and training its Cleaners. Unless TAK Cleaning Services gives prior written permission, the Customer must not, directly or indirectly, engage, employ or contract with any Cleaner to provide domestic services to the Customer or any associate of the customer for any period during which services are provided by TAK Cleaning Services or for a period within 12 months after the conclusion of any Service.
   2. The Customer acknowledges that TAK Cleaning Services may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Customer.
3. Job quotations
   1. The actual price payable by the Customer may be calculated on:
      1. the configuration of the Premises based on our price guide (i.e.: end-of-lease cleaning);
      2. the number of rooms/pieces (i.e.: for carpet cleaning, window cleaning, tile and grout);
      3. the total number of hours worked by the Cleaner.
   2. Any price quoted by TAK Cleaning Services is an estimate only based on TAK Cleaning Services’s 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.
   3. Minimum call fees will apply according to the Service required:
      1. Carpet cleaning – $95 plus GST (2 rooms)
      2. Cleaning per hour – $105 plus GST (2 hours)
   4. 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 TAK Cleaning Services, TAK Cleaning Services will immediately 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.
   5. The Customer must inform TAK Cleaning Services whether any cleaning services required are for an ‘end of tenancy’ at the time of quotation.
4. Bookings
   1. The Customer may make a booking either in person, by either telephone, email, text message or on TAK Cleaning Services’s website.
   2. At the time of the booking the Customer must provide details of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime located at the Premises;
   3. TAK Cleaning Services provides all quotations at the time of the bookings (subject to inspection as mentioned on clause 6.c).
   4. The Customer agrees to provide TAK Cleaning Services with their valid credit card details at the time of booking, and authorises TAK Cleaning Services to debit any card with an amount equal to any service and/or cancellation fees that may apply under this Agreement.
   5. TAK Cleaning Services reserves the right not to accept a booking for any reason.
5. Payment terms
   1. The Customer agrees to pay the price quoted by TAK Cleaning Services in full prior to or at the end of the Service Time, unless otherwise agreed in advance with TAK Cleaning Services. In case the Customer opts not to pay in full prior to the Service Time, it must pay at least 50% of the price quoted, unless otherwise agreed, subject to cancellation of the Service by TAK Cleaning Services.
   2. If no payment has been made by the Service Time, TAK Cleaning Services will use reasonable endeavours to contact the Customer for payment of at least 50% of the quoted price. In the event that TAK Cleaning Services cannot contact the Customer, the Customer may be deemed to have cancelled the Service, and the Customer must pay any cancellation feed or charges due set out in clause 17.
   3. Payments may be made via bank transfer or in cash, unless otherwise agreed with TAK Cleaning Services. credit card?? Payments by bank transfer should be made to an account nominated by TAK Cleaning Services

1. 1. Cheque payments should be made payable to TAK Cleaning Services
2. GST
   1. Unless specified otherwise, all prices and quotations are expressed to be GST exclusive amounts.
   2. If GST is payable in respect of any thing 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 TAK Cleaning Services receives an amount which, after subtracting the GST liability of TAK Cleaning Services, results in TAK Cleaning Services retaining the Original Amount.
3. Late payment fee
   1. Where TAK Cleaning Services 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, within 7 days of the invoice date, unless otherwise agreed in advance with TAK Cleaning Services.
   2. The Customer agrees that if TAK Cleaning Services has not received payment in full for the Service within one calendar month of the original invoice date then a late payment fee of $45.00 applies plus interest that will be charged on the fixed rate of 10% per annum on each day that any amount remains outstanding thereafter.
   3. In addition to the amounts set out above, the Customer agrees to indemnify TAK Cleaning Services for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by TAK Cleaning Services 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.
4. Non-appearance

If a Cleaner fails to attend the Premises within 1 hour of the Service Time and does not provide the requested Service, TAK Cleaning Services will provide the Customer with either:

1. 1. a full refund of payments made by the Customer; or
   2. offer to reschedule the Service at another time mutually agreed between the Customer and TAK Cleaning Services.
2. Complaints and Service guarantee

If the Customer is dissatisfied for any reason with the Service provided, it must inform TAK Cleaning Services within 5 days of completion of the Service. TAK Cleaning Services strives to achieve 100% customer satisfaction and will endeavour to resolve the problem quickly and efficiently. Subject to clause 13, TAK Cleaning Services may will offer the Customer a re-visit free of charge to rectify any issues and/or redo the service hired and agreed upon between the Customer and TAK Cleaning Services.

1. Exclusions and limitations

1. 1. The service guarantee is only valid for up to 5 days after the date of the Service and under the following conditions:

1. no building or maintenance work has been carried out at the Premises during or after the cleaning has been finished including but not limited to: renovation work, flooring replacement/repair, painting and decorating, plumbing or electrical work and other similar services;
2. the Premises being vacant on the day of cleaning and remaining vacant thereafter;
3. the Premises has not been damaged in any way, whether from weather conditions or other acts of nature, accidents by an external party or the client or animals left in the property during or after the Service;
4. the condition of the Premises has been previously discussed with the Customer and considered by TAK Cleaning Services excessively damaged and/or dirty, therefore, directly impacting the quality of the Service provided.
5. the Cleaner has not been provided with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required to provide the Service;

1. 1. The only conditions and warranties which are binding on TAK Cleaning Services in respect of the state, quality or condition of goods and services supplied by TAK Cleaning Services to Customers are those imposed and required to be binding by statute (including the Trade Practices Act 1974).
   2. To the extent permitted by statute, the liability, if any, of TAK Cleaning Services is, at TAK Cleaning Services’s option, limited to and completely discharged by the resupply of the Service. TAK Cleaning Services is not responsible for:
      1. 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 materials, cleaning equipment, utility services, a safe working environment or unencumbered access to the Premises); or
      2. any damages caused by defective cleaning materials or cleaning equipment provided by the Customer;
      3. not completing or providing the Service as a result of the Cleaner not proceeding for health and safety reasons under clause 4;
      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 TAK Cleaning Services;
      5. 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;
      6. existing dirt, wear, damage or stains that cannot be completely cleaned or removed;
      7. any wear or discolouring of fabric or surfaces becoming more visible once dirt has been removed;
      8. 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
      9. the cost of any key replacement or locksmith fees, unless keys were lost by TAK Cleaning Services or the Cleaner.
   3. 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 TAK Cleaning Services are excluded.
   4. 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 TAK Cleaning Services gives no guarantee as to the actual results of the Service.
   5. Except to the extent provided in this clause, TAK Cleaning Services 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 TAK Cleaning Services (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 TAK Cleaning Services).

1. Indemnity

The Customer indemnifies TAK Cleaning Services against:

1. 1. 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
   2. all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by TAK Cleaning Services 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).
2. Accidents, breakage, damage & theft
   1. The Customer must inform TAK Cleaning Services 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.
   2. 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 TAK Cleaning Services within 24 hours of completion of the Service.
   3. To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of TAK Cleaning Services under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.
3. Insurance
   1. TAK Cleaning Services has a Public and Employer’s liability insurance. The policy will cover any accidental damages caused by the Cleaner working on behalf of TAK Cleaning Services, reported within 24 hours of service date.
   2. Insurance cover does not include anything that may break down or stop working at any time such as: dishwasher, washing machine, oven, cookers, extractor fans, fridge, freezer, etc, any other items, instability of which the Customer is already aware of, such us bathroom appliances or any fixtures. The Customer is obliged to warn TAK Cleaning Services and/or the Cleaner about appliances that are poorly fixed or not in full working order.
4. Cancellation fees
   1. The Customer must provide TAK Cleaning Services with at least 24 hours notice prior to the Service Time, if they wish to suspend, postpone or cancel the Service for any reason.
   2. In the event that such notice has been given, TAK Cleaning Services will endeavour to reschedule the Service if required.
   3. 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 (plus GST) for administrative costs and loss.
5. Fee for non-access to premises

In the event that the Customer does not provide unencumbered access the Premises for TAK Cleaning Services or its Cleaners to provide the Service, the Customer agrees to pay a cancellation fee equivalent to 2 hours cleaning (plus GST) for administrative and travel costs.

1. Termination
   1. This Agreement may be terminated by the Customer by providing at least 24 hours notice prior to the Service Time.
   2. Subject to clause 18(c), TAK Cleaning Services may terminate this Agreement by providing the Customer with at least 24 hours notice prior to the Service Time.
   3. TAK Cleaning Services may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of TAK Cleaning Services, that breach is incapable of remedy.