Customer Service Agreement

These terms and conditions constitute the full and complete service agreement (the "Agreement") between you (the "Customer") and JEM Cleaning Pty Ltd ATF JEM Trust (“JEM Cleaning") of 5 Goldeneye Pl, Forest Lake, Queensland, 4078,  Australia for the provision of services by “JEM Cleaning”.

Your ongoing instruction, including use of our services, signifies your acceptance of these terms and conditions.

1.     cleaning services

a.         Subject to the terms of this Agreement, “JEM 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 outlined in writing and agreed with the Customer at the time of engagement.  For the purpose of this item a booking constitutes engagement.

c.         “JEM 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 “JEM Cleaning” and the Customer (the "Service Time").

d.         “JEM 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 presented in writing and agreed by “JEM 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 “JEM 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 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 provide all usual and necessary cleaning equipment and materials required by the Cleaner to provide the Service, unless other arrangements have been made with “JEM Cleaning”;

e.         all cleaning equipment and materials provided by the Customer are safe, have not been tampered with and are in full working order;

f.          it will advise “JEM Cleaning” prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the Premises;

g.         it is authorised to use the Premises and obtain the provision of Service;

h.         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

i.           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 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.

c.         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.     no engagement of cleaners

a.         The Customer acknowledges “JEM Cleaning” invests significant resources in recruiting, selecting and training its Cleaners. Unless “JEM Cleaning” 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 “JEM Cleaning” or for a period within 12 months after the conclusion of any Service.

b.         The Customer acknowledges that “JEM Cleaning” may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Customer.

6.     job quotations

a.         The actual price payable by the Customer is calculated on the estimated total number of hours required by the Cleaner to provide the Service.

b.         Any price quoted, without inspection, by “JEM Cleaning” is an estimate only based on “JEM Cleaning”'s experience 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 “JEM Cleaning”, “JEM 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.         Quotes are valid for a period of 60 days from the date of the quote.

e.         The Customer must inform “JEM Cleaning” whether any cleaning services required are for an 'end of tenancy' at the time of quotation.

7.     bookings

a.         The Customer may make a booking either in person, by either telephone, fax, email or on the “JEM Cleaning” website.

b.         Bookings are to be made no less than two (x2) weeks prior to scheduled date unless agreed by "JEM Cleaning"

c.         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;

d.         “JEM Cleaning” will provide quotation at the time of booking unless a quotation has previously been issued.

e.         The Customer agrees to pay an amount equal to any service and/or cancellation fees that may apply under this Agreement.

f.          “JEM Cleaning” reserves the right not to accept a booking for any reason.

8.     payment terms

a.         The Customer agrees to pay the price quoted by “JEM Cleaning” in full prior to or at the Service Time, unless otherwise agreed in advance with “JEM Cleaning”.

b.         If no payment has been made by the Service Time, “JEM Cleaning” will use reasonable endeavours to contact the Customer for payment. In the event that “JEM 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 set out in clause 16.

c.         Payments may be made via bank transfer, cheque or in cash. Payments by bank transfer should be made to:

d.         Cash payments are not to be made direct to the Cleaner unless agreed by "JEM Cleaning".

e.         Cheque payments should be made payable to “JEM Cleaning” Pty Ltd.

9.     GST

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

b.         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 “JEM Cleaning” receives an amount which, after subtracting the GST liability of “JEM Cleaning”, results in “JEM Cleaning” retaining the Original Amount.

10.late payment fee

a.         Where “JEM Cleaning” 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 14 days of the invoice date.

b.         The Customer agrees that if “JEM Cleaning” has not received payment in full for the Service within one calendar month of the original invoice date then a late payment fee of $15 applies for the first month. Interest will be charged on the fixed rate of 10% per annum on each day that any amount remains outstanding thereafter.

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

11.non-appearance

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

                    i.          a full refund of payments made by the Customer; or

                  ii.          offer to reschedule the Service at another time mutually agreed between the Customer and “JEM Cleaning”.

12.complaints

If the Customer is dissatisfied for any reason with the Service provided, it must inform “JEM Cleaning” within 24 hours of completion of the Service. “JEM Cleaning” strives to achieve 100% customer satisfaction and will endeavour to resolve the problem quickly and efficiently. Subject to clause 13, “JEM Cleaning” may, at its discretion, offer the Customer either of the following:

                    i.          a partial or full refund;

                  ii.          re-supply of the Service without charge;

                iii.          such other remedy as deemed appropriate by “JEM Cleaning”.

13.exclusions and limitations

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

                                                        i.            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

                                                      ii.            any damages caused by defective cleaning materials or cleaning equipment provided by the Customer;

                                                    iii.            not completing or providing the Service as a result of the Cleaner not proceeding for health and safety reasons under clause 4;

                                                     iv.            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 “JEM Cleaning”;

                                                       v.            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;

                                                     vi.            existing dirt, wear, damage or stains that can not be completely cleaned or removed;

                                                   vii.            any wear or discolouring of fabric or surfaces becoming more visible once dirt has been removed;

                                                 viii.            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

                                                     ix.            the cost of any key replacement or locksmith fees, unless keys were lost by “JEM Cleaning” or the Cleaner.

c.         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 “JEM Cleaning” are excluded.

d.         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 “JEM Cleaning” gives no guarantee as to the actual results of the Service.

e.         Except to the extent provided in this clause, “JEM 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 “JEM 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 “JEM Cleaning”).

14.indemnity

The Customer indemnifies “JEM 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 “JEM 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 “JEM 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 “JEM 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 “JEM Cleaning” under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.

16.cancellation fees

a.         The Customer must provide “JEM 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.

b.         In the event that such notice has been given, “JEM 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.

17.fee for non-access to premises

In the event that the Customer does not provide unencumbered access the Premises for “JEM Cleaning” or its Cleaners 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.

18.termination

a.         Subject to clause 18(b), This Agreement may be terminated by the Customer by providing at least 24 hours notice prior to the Service Time.

b.         Clients provided with regular ongoing cleans, regardless of frequency, must provide "JEM Cleaning" written notice of intent to terminate this Agreement two (x2) weeks prior to termination.

c.         Subject to clause 18(d), “JEM Cleaning” may terminate this Agreement by providing the Customer with at least 24 hours notice prior to the Service Time.

d.         “JEM Cleaning” may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of “JEM Cleaning”, that breach is incapable of remedy.

19.privacy policy

a.         Without limiting clause 23,The Customer acknowledges that any information provided by the Customer may be used by “JEM Cleaning” for the purpose of providing the Service. “JEM 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 “JEM 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.         “JEM 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.         “JEM 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 “JEM Cleaning” acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of Queensland and both agree to submit to the exclusive jurisdiction of the courts of Queensland 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.Marketing

The Customer agrees to allow "JEM Cleaning" to use their name, being legal or traded, including registered trademarks for "JEM Cleaning" marketing purposes including but not limited to social media pages, flyers and brochures.

 24.     General

a.       Full Terms and Conditions can be found on JEM Cleaning website (http://www.jemcleaning.com.au/index.php/customer-service-agreement-terms-and-conditions)

b.      Your ongoing instruction, including use of our services, signifies your acceptance of the terms and conditions outlined on the “JEM Cleaning” website.

25.     Tea Towel Service

a.       Tea towel service allows for a maximum of five (x5) tea towels/hand towels to be damaged beyond use as determined by JEM Cleaning.  Any damaged tea towels/hand towels in excess of the allowed five (x5) will be charged at a rate of $3.00 per damaged tea towel.

b.      Tea towels provided by the tea towel service remain the property of JEM Cleaning.