Customer Service Agreement
These terms and conditions constitute the full and complete service agreement (“The Agreement") between you (“The Customer ") and Brisbane Property Solutions ("BPS") of SouthPort, Gold Coast, Qld, Australia for the provision of services by BPS.
Please take some time to review this Agreement. The use of our services constitutes your acceptance of these terms and conditions. We do encourage any questions or queries you may have in regard to this agreement be forwarded to our email address at email@example.com and or by registed mail to (Po Box 3355, Australia Fair, Southport, Qld, 4215 Australia)
1. Cleaning Services;
1. subject to the terms of this Agreement, BPS agrees to provide either a domestic or commercial cleaning service (the "Service") to the Customer at an address specified by the Customer (the "Premises").
2. The Service will be for such duties as agreed with the Customer and BPS at the time of booking.
3. BPS will provide the required staff and or contractors ("Team Members") to attend the Premises to provide the Service at a time and date mutually agreed between BPS and the Customer (the "Service Time").
4. BPS endeavours to provide the Service faithfully, diligently and in a timely and professional manner.
2. Additions and Amendments;
1. Any changes made to the Service provided or to be provided must be agreed by BPS prior to the Service Time in writing.
2. If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact BPS by telephone who may agree to provide the additional services in its absolute discretion. The Cleaner is not authorised to agree to any such changes to the Service and or products being provided or used. The Customer must not request such changes directly from the Cleaner.
3. If BPS attends a job site with the provision that a job has been confirmed by a client and the services are no longer needed or warranted without receiving at least 12 Hours notice BPS may charge a call out fee in which will be determined on a case by case basis.
3. Customer Representations and Warranties;
The Customer represents and warrants that:
1. The customer will provide a safe working environment at the Premises for the Cleaner to perform the Service;
2. Our cleaner will have unencumbered and unobstructed access to all areas of the Premises requiring the Service;
3. The customer will provide the Cleaner with access to all services and utilities including but not limited to hot water, cold water, electricity, and a garbage disposal area as required by the Cleaner to provide the Service;
4. BPS will provide all reasonable tools and necessary cleaning equipment and materials required by the Cleaner to provide the Service unless other arrangements have been made with the customer.
5. All cleaning equipment and materials provided by the Customer is at their sole discression however for the safety of our team we kindly ask that these are to be both non caustic and or non toxic. We ask that any product and or equipment supplied by a customer has not been tampered with and is considered to be in full working order and accompanied with the appropriate MSDS forms and applicable licences if warranted.
6. The customer will advise BPS prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the Premises;
7. The customer authorises BPS the use of the Premises to complete the provision of Service and or services unless otherwise told to cease;
8. If a Customer requires a Cleaner to clean behind or under a heavy item (i.e.; A fridge, bookshelf, or other reasonably deemed heavy item) The customer will be required to move these items prior to the commencement of the Service; Any item moved by the customer either before during or after a service will be done at the customers sole risk. BPS encourages that you follow the applicable health & Safety measures to do so in a safe manner.
9. the customer will secure or remove any fragile, delicate, breakable or valuable items including but not limited to cash, jewellery, works of art, antiques, items of sentimental value or anything posed as an item irreplaceable prior to the commencement of any Service. BPS endeavours to be both careful and safe however you can never be too safe!
4. Health and Safety Risks
In addition to the obligations and warranties set out in clause 3 above, The Customer acknowledges and agrees to the following;
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 a Service not use or cease using any materials or cleaning equipment if the Cleaner thinks, in their absolute discretion, that the use of such materials or cleaning equipment pose 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.
5. No Engagement of Cleaners
1. The Customer acknowledges BPS invests significant resources in recruiting, selecting and training its Cleaners. Unless BPS gives prior written permission, the Customer must not in any way or manner directly or indirectly, engage, employ or contract with any Cleaner provided by BPS for any period during which services are provided by BPS or for a period of 12 months after the conclusion of any Service.
2. the Customer acknowledges that BPS 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
1. The actual price payable by the Customer is calculated on the total number of hours worked by the Cleaner.
2. Any price quoted by BPS is an estimate only and is based on our experience to date, without inspection, and based on information provided by the Customer over the phone or email. Subject to this clause, quotes are valid for a period of 30 days from the date of the quote and are only valid after inspection of the premises is first carried out at the time of the service.
3. If at the commencement or during the course of providing a service or services, it is apparent that the actual cost of the Service will exceed the quote provided by BPS, BPS will provide the Customer with an option to pay an increased amount to complete the Service, or pay the quoted amount without the Service being fully completed.
4. The Customer must inform BPS whether any cleaning services required are for an 'end of tenancy or move out clean' at the time of quotation.
5. All prices that are displayed on our website are inclusive of GST, Chemicals and the labour of the required staff unless otherwise specified.
1. The Customer may make a booking either in person, by telephone, email or on the BPS website namely www.brisbanepropertysolutions.com.au (Online booking)
2. 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;
3. BPS provides all estimates and prices at the time of booking in good faith.
4. The Customer agrees to provide BPS with valid credit card details at the time of booking or confirmation that cash will be paid on the conclusion of any service. The customer authorises BPS to debit any credit card details provided by the customer with an amount equal to any service and/or cancellation fees that may apply under this Agreement.
5. BPS reserves the right to refuse a booking without reason.
6. The customer agrees that unless BPS has deemed a job complete our customer satisfaction guarantee is thereby nil and void. In the instance a customer books only the minimum time period i.e.: 3hours of an end of lease clean and more time/service is required we will not guarantee our work as we have not completed and signed off on its completion.
8. Payment terms
1. The Customer agrees to pay the price quoted and any other charges applicable to BPS in full prior to or at the Service Time, unless otherwise agreed in writing with BPS.
2. If a payment has not been made by or after the Service Time, BPS will use reasonable endeavours to contact the Customer for payment. In the event that BPS cannot contact the Customer or payment is not made by or at the Service Time, the Customer will be deemed to have cancelled the Service, The Customer must pay any cancellation fees and or charges due set out in clause 16. If the customer fails to make payment and the services have been carried out BPS reserves the right to charge any given credit card details and or use reasonable endeavours to recover the amount owing.
3. Payments may be made via credit card, bank transfer, cheque or in cash. Payments by bank transfer should be made to:
Southern Cleaning Pty Ltd
Ref No Surname or Address
4. Cheque payments should be made payable to Brisbane Home Cleaning Solutions (Registered Business Number BN21039860.)
5. Amex or Dinners credit card payments are not accepted
1. Unless specified otherwise, all prices and quotations are expressed to be GST exclusive amounts.
2. If GST is payable in respect of any service or product supplied to a 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 BPS receives an amount which, after subtracting the GST liability of BPS, results in BPS retaining the Original Amount.
10. Late Payment Fee
1. Where BPS has agreed to invoice a 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.
2. The Customer agrees that if BPS has not received payment in full for the Service within one calendar month of the original invoice date then a late payment fee of $35 applies for the first month. Interest will be charged on a fixed rate of 10% per annum for each day that any amount remains outstanding thereafter.
3. In addition to the amounts set out above, the Customer agrees to indemnify BPS for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and any other expenses incurred by BPS in connection with a demand, action, or other proceeding (including mediation, out of court settlement or any action taken for recovery of a 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. BPS reserves the right to report any non-payment to either a collection agency and or is not limited to also reporting non-payment to the Rental Tenancies Authority (RTA) and or your property agent at its sole discression and in doing this may affect your credit rating and or ability to seek rental properties in the future.
If a Cleaner fails to attend the Premises within 1 hour of the Service Time and does not provide the requested Service, BPS will provide the Customer with either:
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 BPS.
If a Customer is dissatisfied for any reason with the Service or services provided by BPS, The customer must make all reasonable efforts to inform BPS within 24-48 hours of completing any service or services provided by BPS. BPS strives to achieve a 100% customer satisfaction rate where reasonably possible in its efforts to provide the (service) and will endeavour to resolve a problem quickly and efficiently however BPS reserves the right to re-attend any job site in which is deemed to be not up to standard with in 48hours after a complaint. The customer holds the sole responsibility of making contact with BPS and gaining entry to re-attend a property, This is Subject to clause 13, BPS may, at its sole discretion, offer the Customer either of the following:
1. Re-supply of Service without charge;
2. A partial or full refund;
3. Such other remedy as deemed appropriate by BPS.
13. Exclusions and Limitations
1. the only conditions and warranties which are binding on BPS in respect of the state, quality or condition of goods and services supplied by BPS 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 BPS is, at BPS option, limited to and completely discharged by the resupply of the Service. BPS 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 BPS;
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 with reasonable endeavours by BPS;
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 BPS or the Cleaner.
10. 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 BPS are excluded.
11. 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 a premises was last cleaned, The nature of cleaning required and or not limited to permanent stains or wear and tear), and that BPS gives no guarantee as to the actual results of the Service.
12. Except to the extent provided in this clause, BPS 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 BPS (including any loss caused by, or resulting directly or indirectly from, any failure, defect or deficiency or any kind of products used or services provided by BPS).
The Customer indemnifies BPS against:
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 BPS 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
1. the Customer must inform BPS of any incident where an accident, breakage, damage to property or theft has occurred due to any act of a 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 BPS 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 BPS under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value in which are not limited to only the above named items.
16. Cancellation Fees
1. the Customer must provide BPS with at least 24 hours notice prior to the Service Time, if they wish to suspend, postpones or cancels the Service for any reason.
2. In the event that such notice has been given, BPS 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 (inclusive of GST) for administrative costs and loss. This may be charged at BPS Sole discression.
17. Fee for non-access to premises
In the event that the Customer does not provide unencumbered access to the Premises for BPS 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 of Agreement
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 18(c), BPS may terminate this Agreement by providing the Customer with at least 24 hours notice prior to the Service Time.
C. BPS may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of BPS, that breach is incapable of remedy.
1. The Customer acknowledges that any information provided by the Customer may be used by BPS for the purpose of providing the Service. BPS 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).
2. The Customer agrees to BPS that communicating with BPS electronically and/or via other means in order to provide the Service or for reasons related to the provision of the Service that BPS may act on requests.
3. BPS 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
1. BPS 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.
2. 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 BPS 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.
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.
The content of this Agreement is protected by international copyright laws and may be used for personal reference only. Subject to applicable law, permission to copy, alter, reproduce, publish, transmit and/or otherwise distribute this content is forbidden without first obtaining the prior written permission of BPS
24. Carpet Cleaning
Minimum charge of $65 per job. One room is considered no larger than 16 sqm. Lounge and dining room is charged as 2 rooms. Hallways over 4m are considered to be 1 room and longer than 8m will be quoted on the day. Brisbane Property Solutions has the right to charge for additional cleaning and will advise at the beginning of each job whether this will apply. Pricing over the phone cannot be guaranteed until visual inspection occurs on the day. Brisbane Property Solutions has the right to refuse a job and will discuss the price prior to any work being carried out. Brisbane Property Solutions will endeavour to remove all stains although no guarantee can be given to the removal of all stains. Drying times depend on good ventilation to the property and Brisbane Property Solutions does not guarantee the time for drying of cleaned items and or carpets. Seats are charged per seat and a 2.5 seater lounge is considered 3 seats. Pricing may change without notice.
Brisbane Property Solutions holds no responsibility for the loss, Damages, or any injury incurred as a result of the customer being at the site. BPS deems the address where work is being carried out to be unsafe, Slippery, and or incomplete until such work has been completed and or signed off by the staff in attendance. Customers have the right to inspect the property after such time that all work has been completed and is deemed to be safe by BPS at our convenience. BPS takes no responsibility for its contractors or subcontractors in any way or form. BPS has the right to report non payment of services to either the Police or a credit reporting agency as it sees fit. BHCS has the right at any point to review its customer service agreement and make changes where it sees fit.