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Cleaning Agreement

Recitals

Gold Coast Maids (A.B.N. 57 249 003 704) (“Gold Coast Maids”) operates an online platform at www.GoldCoastMaids.com.au (the “Website”) through which customers ("Users") can book for the provision of cleaning services ("Cleaning Services"), by submitting a Booking Request.

The User enters into two contractual relationships with Gold Coast Maids. The first contract governing the access to and use of the Website in accordance with the Gold Coast Maids Website terms of conditions("Terms and Conditions"). The second contract being for the provision of the Cleaning Services (“Cleaning Agreement”) in accordance with this agreement.

And the parties hereby agree:

  1. Definitions and Interpretation

    1. In these Terms (including the recitals), unless the context otherwise requires:
      "Agreement" means this agreement together with any schedules or annexures hereto, which may be amended from time to time in writing, as agreed to by the Parties;
      Booked Services” means the Cleaning Services to be undertaken by Gold Coast;
      Booked Service Location” means the address where the Booked Services are to be carried out;
      Booking” means the reservation made on the Website for the Cleaning Services to be carried out at the Scheduled Time and Booked Service Location for the Booked Service Duration;
      Claim” shall mean any and all present and future claims, actions, demands and rights howsoever arising out of, or in connection with the Services, including any claim for damages, complaint, action, suit, cause of action or proceedings, arbitration, debt due, cost and expense (including legal cost and expense), demand, verdict or judgment arising out of any provisions under statute, award, order or determination whether or not known at the date of this Agreement;
      Cleaning Fee” means the fee (inclusive of goods and service tax, if applicable) for the Cleaning Services, as advised by Gold Coast Maids;
      Cleaning Products and Equipment” means the cleaning products and equipment required to effectively provide the Services;
      Cleaning Services” means the cleaning services to be provided to the Customer by Gold Coast Maids in accordance with this Agreement.;
      Customer” means the person or entity receiving the Cleaning Services;
      Dollar”, or “$” means Australian Dollars;
      Payment Amount” means the amount payable by the Customer for the provision of Cleaning Services by Gold Coast Maids;
      Scheduled Time” means the time and date the Services are to be undertaken by Gold Coast Maids;
      Website” means www.Gold Coast Maids.com.au and associated Gold Coast Maids mobile phone applications.
    2. In these Terms, unless the context otherwise requires:
      1. headings are for convenience only and do not affect its interpretation or construction;
      2. the singular includes the plural and vice versa;
      3. references to recitals, clauses, subclauses, paragraphs, annexures or schedules are references to recitals, clauses, subclauses, paragraphs, annexures and schedules of or to these Terms;
      4. words importing a gender include other genders;
      5. the word “person” means a natural person and any association, body or entity whether incorporated or not;
      6. where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
      7. a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
      8. all monetary amounts are in Australian currency;
      9. a reference to time refers to Eastern Standard Time;
      10. “includes” is not a word of limitation;
      11. no rule of construction applies to the disadvantage of a party because these Terms are prepared by (or on behalf of) that party;
      12. a reference to any thing is a reference to the whole and each part of it;
      13. a reference to a group of persons is a reference to all of them collectively and to each of them individually; and
      14. a reference to a document includes all amendments or supplements to, or replacements or novations of, that document.
  2. Booking

    1. The Customer has made a Booking and agreed to pay the Payment Amount to Gold Coast Maids through the Website.
    2. Gold Coast Maids confirms that they are able to comply with the Booking, including the provision of Cleaning Services at the Scheduled Time and Booked Service Location.
  3. Pricing

    1. The Cleaning Fee is based on estimates of average house and room sizes. Gold Coast Maids reserves the right to alter the Payment Amount upon viewing the property if:
      1. bedrooms are larger than 12 square metres;
      2. living rooms are larger than 15 square metres, or;
      3. hallways are larger than 4 square meters.
    2. The Cleaning Fee is based on the property being left in a reasonable cleanliness state. Gold Coast Maids reserves the right to alter the Payment Amount if:
      1. the property conditions are different to those described;
      2. the Customer’s original requirements (Booked Services) are altered, or;
      3. the property is not in a reasonable state of cleanliness.
  4. Gold Coast Maids’ Obligations

    1. In providing the Cleaning Services to the Customer, Gold Coast Maids shall:
      1. undertake the Cleaning Services with acceptable care and skill;
      2. take all necessary steps to avoid any loss and/or damage to the Customer’s property;
      3. deliver the Cleaning Services in a manner, to the greatest extent possible, which gives the desired results as agreed by the Parties, and;
      4. deliver the Cleaning Services in accordance with the Booked Services.
    2. The Cleaning Services will be deemed to have been performed and accepted in accordance with this Agreement, if the Customer does not, as soon as practicable, but no later than 24 hours after the completion of the Cleaning Services, advise Gold Coast Maids that the Cleaning Services were not performed to an acceptable standard.
    3. If Gold Coast Maids has performed the Services unsatisfactorily, Gold Coast Maids agrees to return to the Booked Service Location and complete the Cleaning Services to an acceptable standard. Gold Coast Maids will facilitate a suitable time to return to the Booked Service Location and complete the Cleaning Services.
    4. Gold Coast Maids should provide all Cleaning Products and Equipment unless the Customer has chosen to supply the Cleaning Products and Equipment.
  5. Customers’ Obligations

    1. The Customer has made a Booking and agreed to pay the Payment Amount to Gold Coast Maids through the Website.
    2. The Customer shall provide the Cleaning Products and Equipment if they have chosen to do so at the time of Booking.
    3. The Customer shall do all things necessary to provide a safe workplace for Gold Coast Maids.
    4. The Customer should notify Gold Coast Maids of any damage caused by Gold Coast Maids to the Customer’s property as soon as practicable, but no later than 24 hours after the completion of the Services.
  6. Payment

    1. The Customer agrees that upon the successful completion of the Cleaning Services, Gold Coast Maids will effect the automatic debit of the Payment Amount to the Customer’s nominated payment method in accordance with the Website Terms and Conditions.
    2. Gold Coast Maids will issue the Customer with an invoice.
  7. Changes and Cancellations

    1. You can cancel or amend a Booking on the Website, free of charge, prior to 5 P.M. the day before the Cleaning Service is scheduled to begin.
    2. If you cancel or amend a Booking after 5 P.M. the day before the Cleaning Service is scheduled to begin, you will have to pay a $50 late cancellation fee.
    3. You cannot amend, extend or cancel a Booking during the performance of the Services.
    4. The Cleaning Agreement shall expire once the Cleaning Services under the Booking have been performed.
    5. If your assigned Gold Coast Maids’ Cleaner is unable to fulfil a confirmed Booking (in full or part), we will attempt to find you a replacement Cleaner. If we cannot find you an alternative Cleaner, we will reschedule your Booking to a new time which suits you. If we cannot find a suitable time for you, you may cancel the Booking at no charge.
  8. Cleaning Services

    1. The Customer can cancel or amend a Booking on the Website, free of charge, prior to 5 P.M. the day before the Scheduled Time.
    2. If the Customer cancels or amends a Booking after 5 P.M. the day before the Cleaning Service is scheduled to begin, the Customer will have to pay a $50 late cancellation fee.
    3. The Booking cannot be amended, extended or cancelled during the performance of the Services.
    4. All bookings are subject to availability.
  9. Termination

    1. A Party can immediately terminate this Agreement, if the other Party breaches any material term of this Agreement.
    2. This Agreement shall terminate immediately once both Parties have fulfilled their obligations under this Agreement.
  10. Force Majeure

    1. If, by reason of any event of Force Majeure which was outside the control of a Party resulting in the delay in, or prevention from, performing any of the provisions of this Agreement:
      1. undertake the Cleaning Services with acceptable care and skill;
      2. take all necessary steps to avoid any loss and/or damage to the Customer’s property;
      3. the Parties shall use their best endeavours to minimise and reduce any period of suspension occasioned by any event of Force Majeure.
    2. An event of Force Majeure shall mean and include fire, flood, casualty, lock out, strike, labour condition or industrial action of any kind, unavoidable accident, national calamity or riot, disease, act of God, the enactment of any act of Parliament or the act of any legally constituted authority, any cause or event arising out of or attributable to war or any other cause or event (whether of a similar or dissimilar nature), outside the control of the Parties.
  11. Dispute Resolution Policy

    1. Gold Coast Maids will use reasonable endeavours to mediate any dispute concerning the use of the Website.
    2. Disputes in relation to the Cleaning Services carried out by a Business or any other issue shall be committed to writing between both parties and attempts made to resolve any disagreement. In the event no agreement is reached, the dispute will be referred to the appropriate Queensland Dispute Resolution Centre.
  12. General Provisions

    1. Time is of the essence in the performance by the Parties of their obligations under this Agreement.
    2. This Agreement must not be amended except by an instrument in writing signed by each of the Parties to this Agreement.
    3. The Parties acknowledge that this Agreement constitutes the entire Agreement and understanding of and between the Parties and that there are no other representations, promises, warranties, covenants, undertakings, terms or conditions, whether oral or in writing, in relation to the subject matter of this Agreement of any force or effect unless contained in this Agreement.
    4. All notices, demands and other communications between the Parties for the purposes of this Agreement shall be in writing and addressed to the Party’s address stipulated in this Agreement.
    5. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement
    6. This Agreement may be executed in any number of counterparts and all such counterparts when executed and taken together will constitute this Agreement.
    7. No right under this Agreement is deemed to be waived except by notice in writing to that effect signed by each party.
    8. No waiver by any party to this Agreement of a breach by any other party shall be construed as a waiver of any subsequent breach.
    9. This Agreement shall be governed by and construed in accordance with the laws of Queensland and the Parties agree to submit to the non-exclusive jurisdiction of the Courts of Queensland.