BETWEEN REFRESH CARPET CARE PTY LTD and  THE CUSTOMER

ACKNOWLEDGEMENT

These terms and conditions are offered on the basis that they will form the agreement between the Customer and Refresh Carpet Care. The Customer must read and accept all the terms in this agreement. Acceptance will bind the Customer to all its terms. By receiving & reading this document upon booking confirmation, the Customer will be deemed to have accepted the terms set out below. If the Customer does not wish to be bound the Customer must contact Refresh Carpet Care prior to booking date and cancel any service bookings.

BACKGROUND:

  • The Customer wishes to have Refresh Carpet Care provide Cleaning Services at the Premises at the Location upon a date agreed between the parties; and
  • Refresh Carpet Care will provide the Cleaning Services upon the Terms set out in this Agreement.

OPERATIVE PROVISIONS:

1. Definitions

  • Agreement means this agreement entered into between the parties;
  • Cleaning Charges means the fees specified in the Quotation attached to this Agreement.
  • Cleaning Services means the services set out and described in the Quotation and/or any services agreed to in writing through the completion of any forms through the Refresh Carpet Care website, the interface with the Refresh Carpet Care website and any attached or related form completed through the user systems and the menu contained therein or attached thereto.
  • Customer means the person set out and described to this Agreement.
  • Location shall mean the property at the address set out and described in this Agreement.
  • Products means the products specified in the Quotation and/or any other products used in the provision of the Services agreed to in writing by Refresh Carpet Care.
  • Premises shall mean the rooms and floors of the property set out and described in the Quotation attached hereto where the Cleaning Services are to be provided by Refresh Carpet Care, its employees, agents or contractors.

2. Interpretation

In this Agreement unless the context otherwise requires:

  1. words importing any gender include every gender;
  2. words importing the singular number include the plural number and vice versa;
  3. words importing persons include firms, companies and corporations and vice versa;
  4. references to numbered clauses and schedules are references to the relevant clause in or schedule to this Agreement;
  5. reference to any schedule to this Agreement to numbered paragraphs related to the numbered paragraphs of that schedule;
  6. any obligation on any party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
  7.  the headings to clauses, schedules and paragraphs are not to affect the interpretation;
  8. any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or by-law made under that enactment; and

3. Provision of Cleaning Services

  1. Refresh Carpet Care will provide the Cleaning Services with due care and skill and in accordance with these Terms and Conditions and the Quotation attached to this Agreement.
  2. Refresh Carpet Care will provide properly skilled staff (including adequate supervision), equipment and products for the performance of the Cleaning Services.
  3. The Customer will pay the Cleaning Charges to Refresh Carpet Care at the completion of the performance of Cleaning Services by Refresh Carpet Care or within seven (7) days of the completion of the Cleaning Services.
  4. Whilst Refresh Carpet Care will make every reasonable effort to carry out the Cleaning Services to the satisfaction of the Customer, Refresh Carpet Care gives no warranty as to the efficacy or expediency of the Cleaning Services or the Products supplied by Refresh Carpet Care or used by Refresh Carpet Care in carrying out the Cleaning Services.
  5. Refresh Carpet Care will make all reasonable efforts to keep the client’s personal, billing and other confidential information confidential unless the Customer agrees to the release of this information.

4. Occupational Health and Safety

  1. The customer warrants that the premises:
  2. are safe for Refresh Carpet Care, its employees, subcontractors and agents in which to provide the cleaning services;
  3. Prior to carrying out the Cleaning Services and whilst carrying out the Cleaning Services Refresh Carpet Care will examine the Premises and consider the safety requirements of Occupational Health and Safety legislation;
  4. The Customer acknowledges and agrees that Refresh Carpet Care may, refuse to commence carrying out the Cleaning Services or cease to carry out the Cleaning Services if it is decided that to provide or to continue providing the Cleaning Services constitutes an unreasonable risk to the health and safety of Refresh Carpet Care, its Employees, sub-contractors or agents.
  5. If Refresh Carpet Care shall decide not to commence carrying out the Cleaning Services or cease providing the Cleaning Services, the Customer shall not thereby be entitled to receive a refund of any moneys paid or any payment in compensation to the Customer or to any third party.

5. Customer’s Obligations

  1. The Customer agrees:
    1. To provide Refresh Carpet Care, its employees, agents, or contractors with suitable parking for vehicles so that it shall be reasonably practicable for Refresh Carpet Care to provide the Cleaning Services at the Premises;
    2. To provide Refresh Carpet Care, its employees, agents or contractors with safe and clear access to the Premises so that Refresh Carpet Care may provide the Cleaning Services in accordance with Occupational Health and Safety legislation at the time agreed between the parties;
    3. To provide to Refresh Carpet Care, its employees, agents and contractors with prompt and satisfactory answers to all reasonable requests for information;
    4. To pay all Cleaning Charges either at the completion of the agreed Cleaning Services or within 7 days of the Completion of the agreed Cleaning Services;
    5. That whilst Refresh Carpet Care will exercise reasonable care in providing the Cleaning Services it is accepted and acknowledged by the Customer that Refresh Carpet Care cannot give a warranty as to the effectiveness of the Cleaning Services and Products provided;
    6. That Refresh Carpet Care may sub-contract the provision of the whole or part of its Cleaning Services.

6. Indemnity

  1. To the extent permitted by law, Refresh Carpet Care disclaims any liability to the Customer in connection with the provision of Cleaning Services and or the provision of Products under this agreement, including any liability to the Customer for loss of profits or other consequential loss.
  2. Except in the case of death or personal injury caused by Refresh Carpet Care’s negligence, the liability of Refresh Carpet Care under or in connection with this agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever arising will not exceed the Cleaning Charges paid by the Customer to Refresh Carpet Care under this Agreement. Without limiting the application of this clause, Refresh Carpet Care cannot accept any, or claim or loss that is suffered by a Customer or a third party:
    1. If the Cleaning Services requested by the clients are not suitable for the intended purpose or do not suit the surfaces to be cleaned or the circumstances at the Premises. because the customer does not provide enough information or inaccurate information;
    2. If the Customer applies chemicals or takes action which affect the Cleaning Services after the Cleaning Services have been provided;
    3. The Customer provided incorrect information or answers to requests for information by Employees, agents or Contractors of Refresh Carpet Care.
    4. Because of a breach of these terms and conditions by the customer.
  3. Neither party will be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party because of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill.
  4. The Customer will indemnify, and hold Refresh Carpet Care harmless from and against all claims and losses arising from loss, damage, liability, injury to Refresh Carpet Care, its employees and third parties, infringement of third-party intellectual property, or third-party losses by reason of or arising out of a breach of this agreement or any act of neglect or default of Refresh Carpet Care or any of its employees, agents, or representatives.

7. Cancellation Policy

  1. To cancel or reschedule an appointment, the customer must give no less than 24 hours’ notice of the cancellation.
  2. If the customer does not give 24 hours’ notice to Refresh Carpet Care, a cancellation fee of $80 will be charged for any rescheduled jobs or cancellations.
  3. Rescheduling of appointments and cancellations can only be made by telephone during normal business hours.
  4. Notification of a cancellation or a request to reschedule will not be accepted by Refresh Carpet Care if the cancellation or request to reschedule is provided by email, facsimile, text message communication by social media or other similar means.

8. Force Majeure

  1. neither party will have any liability under this agreement and neither party will be deemed to be in breach of this agreement for any delays or failures in performance which result from circumstances beyond the reasonable control of that party.
  2. The party affected by such circumstances shall promptly notify the other party in writing when such circumstances cause a delay or failure in performance and when they cease to do so.
  3. If such circumstances continue for a continuous period of more than three months either party may terminate this agreement by written notice to the other party.

9. Entire agreement

  1. this agreement contains the whole agreement between the parties in respect of the provision of Cleaning Services by Refresh Carpet Care and supersedes and replaces any prior written or oral agreements, representations or understandings between the parties in relation to the subject matter of this agreement.
  2. this agreement may only be amended in writing which is signed by a duly authorised representatives of parties.

10. Confidentiality

  1. The parties hereto agree that all information supplied by each other will be treated as confidential and shall not be disclosed to any third party (except as required by law) without the prior written consent of the other party.

11. Severability

  1. If any provision in this agreement or its application to any party, person, corporation, association or circumstance is or becomes invalid, void, voidable or otherwise unenforceable then:
    1. that provision shall be severed from this agreement or its application read down so as not to apply to that party, person, corporation association or circumstance;
    2. the remainder of this agreement or the application of that provision to any other party, person, corporation, association, or circumstance shall not be affected; and
    3. to the extent permissible by law, the parties must act in good faith to reach agreement as to a replacement valid and enforceable provision (and any necessary consequential amendments to this agreement) which so far as possible achieves the same purpose, object or effect as the invalid, void, voidable or otherwise unenforceable provision was intended to achieve provided that in so doing the parties must preserve the basic purpose and intent of this agreement.

12. Notices

  1. a notice or other communication connectedness agreement has no legal effect unless it is in writing.
  2. Notices may be sent to the other party by mail, facsimile or email to the address provided for a party in this Agreement or provided on the Quotation attached to this Agreement. If sent by mail, a notice shall be deemed to have been received within 2 business days of transmission. If a notice is sent by facsimile it shall be deemed to have been received on the next business day following transmission.

13. Law and jurisdiction

  1. This agreement takes effect, is governed by, and shall be construed in accordance with the laws from time to time in force in South Australia. The parties submit to the non-exclusive jurisdiction of the courts of South Australia.

14. Miscellaneous

  1. quotations are valid for 30 days and may be accepted within this period from the date they bear but will lapse if not accepted within this period, unless otherwise agreed by Refresh Carpet Care in writing.
  2. If Refresh Carpet Care begins to carry out cleaning services before all parties have completed an agreement, then the terms of this agreement shall apply from the commencement by Refresh Carpet Care of the provision of Cleaning Services.