These terms and conditions constitute the full and complete service agreement (the “Agreement”) between you (the “Customer”) and Mayday Cleaning Co of PO BOX 720, GLEN WAVERLEY VIC 3150 Australia for the provision of services by Mayday Cleaning Co. Please take some time to review this Agreement. Use of our services constitutes your acceptance of these terms and conditions.
- Commercial and Residential Cleaning Services 1.1 Subject to the terms of this Agreement, Mayday Cleaning Co agrees to provide commercial and residential cleaning services (the “Service”) to the customer at an address specified by the Customer (the “Premises”). 1.2 The Service will be for such cleaning duties as agreed with the Customer at the time of booking. 1.3 Mayday Cleaning Co will provide one or more cleaners (the “Cleaner”) to attend the Premises to provide the Service at a time and date mutually agreed between Mayday Cleaning Co and the Customer (the “Service Time”). 1.4 Mayday Cleaning Co endeavours to provide the Service faithfully, diligently and in a timely and professional manner.
- Additions and Variations of Service 2.1 Any changes to the Service to be provided must be agreed by Mayday Cleaning Co prior to the Service Time. 2.2 If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact Mayday Cleaning Co 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.
For any variation works, additional charges apply. Variation works are charged based on a rate determined by Mayday Cleaning Co. Cause of variation works include:(a) Property that has not been regularly cleaned or neglected in a way that requires extends the duration of normal maintenance activities;(b) Property that have had pets, small children;(c) Property with excessive wear and tear;
(d) Large sized dwellings with five (5) or more bedrooms, more than three (3) bathrooms, multiple living areas;
(e) Additional travel charges for collecting and returning of keys;
(f) Time wasted due to difficulties accessing the property or finding parking;
(g) Requirement to carry heavy equipment to higher apartments/floors;
(h) Requirement to move any furniture in order to complete works;
(i) Customer should provide parking or pay for parking charge if required;
(j) Job site not ready for cleaning when our cleaning associates arrive, and job must be rescheduled to evening, weekend or public holidays. In this instance, evening, weekend or public holiday rate will apply.
- Declining Pro-Bono and Non-Remit Request. Mayday Cleaning Co reserves the right to discontinue a service by withdrawing staff, cleaning associates, representative or subcontractors from the job site when it is apparent that the Customer, during service, is attempting to unfairly take advantage or displaying bad behaviour towards our staff in the following circumstances:(a) Rude, disrespectful and inappropriate behaviour towards our staff, cleaning associates, representative or subcontractors;(b) Requesting pro-bono work while on the job. Mayday Cleaning Co reserves the right to decline pro-bono work request;(c) Requesting other work to be done outside the remit;(d) Tried to negotiate down on the cost after it has been agreed upon.
- Customer Representations and Warranties The Customer represents and warrants that: 3.1 It will provide a safe working environment at the Premises for the Cleaner to perform the Service; 3.2 The Cleaner will have unencumbered and unobstructed access to those areas of the Premises requiring the Service; 3.3 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; 3.4 All cleaning equipment and materials provided by the Customer are safe, have not been tampered with and are in full working order; 3.5 It will advise Mayday Cleaning Co prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, at the Premises; 3.6 It is authorised to use the Premises and obtain the provision of Service; 3.7 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 3.8 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.
- Lock Outs and Non-Access Fees In the event that the Customer does not provide unencumbered access to the Premises for Mayday Cleaning Co or its Cleaners to provide the Service, the Customer agrees to pay a cancellation fee equivalent to 100% of cleaning fee (inclusive of GST) for administrative and travel costs. For example, in the event our Cleaning Associates arrive and are unable to access the premises due to key not left out, or job site not ready to be cleaned, etc.
- Health and Safety Risks In addition to the representations and warranties set out in clause 3 above, the Customer acknowledges and agrees that: 4.1 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; 4.2 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. 4.3 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.
- No Engagement of Cleaners 5.1 The Customer acknowledges Mayday Cleaning Co invests significant resources in recruiting, selecting and training its Cleaners. Unless Mayday Cleaning Co gives prior written permission, the Customer must not, directly or indirectly, engage, employ or contract with any Cleaner to provide any cleaning services to the Customer or any associate of the customer for any period during which services are provided by Mayday Cleaning Co or for a period within 12 months after the conclusion of any Service. 5.2 The Customer acknowledges that Mayday Cleaning Co may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Customer.
- Job Estimates 6.1 For quotes provided without inspections, any price quoted by Mayday Cleaning Co is an estimate only based on Mayday Cleaning Co’s experience, and based on information provided by the Customer. Subject to this clause, quotes are valid for a period of 15 days from the date of the quote. 6.3 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 Mayday Cleaning Co, Mayday Cleaning Co 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. 6.4 The Customer must inform Mayday Cleaning Co whether any cleaning services required is only short term at the time of quotation.
- Bookings 7.1 The Customer may make a booking either in person either by, telephone or email or on the Mayday Cleaning Co’s website. 7.2 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; 7.3 Mayday Cleaning Co provides all quotations at the time of booking. 7.4 The Customer agrees to provide Mayday Cleaning Co with their valid credit card details at the time of booking, and authorises Mayday Cleaning Co to debit any card with an amount equal to any service and/or cancellation fees that may apply under this Agreement. 7.5 Mayday Cleaning Co reserves the right not to accept a booking for any reason.
- Late Cancellation Fees 16.1 The Customer must provide Mayday Cleaning Co with at least 48 hours’ notice prior to the Service Time, if they wish to suspend, postpone or cancel the Service for any reason. 16.2 In the event that such notice has been given, Mayday Cleaning Co will endeavour to reschedule the Service if required. 16.3 In the event that the Customer made a cancellation within 48 hour prior to the commencement of the Service, the Customer agrees to pay a cancellation fee equivalent to 25% of the cleaning fee and if the Customer made a cancellation within 24 hour prior to commencement of the Service, the cancellation fee is 50% of the cleaning fee (inclusive of GST) for administrative costs and loss.
- Payment Terms 8.1 Full payment for service must be received immediately upon completion of service by the agreed method by either bank transfer, Paypal, cheque or in cash. A tax receipt will be sent via email or post within 48 hours of receipt of payment. If the Customer are not going to be home during the clean, please leave cash for your cleaners on your kitchen counter. Mayday Cleaning Co agrees to keep keys, payment details, and other client information secure and confidential 8.2 Payments may be made via bank transfer, Paypal, cheque or in cash. 8.3 Cheque payments should be made payable to Mayday Cleaning. 8.4 Other payment arrangement must be agreed in advance with Mayday Cleaning Co, for e.g. a weekly client that would like a payment term of 30 days or at the end of each month.
- GST 9.1 Unless specified otherwise, all prices and quotations are expressed to be inclusive of GST. 9.2 If GST is payable in respect of anything 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 Mayday Cleaning Co receives an amount which, after subtracting the GST liability of Mayday Cleaning Co, results in Mayday Cleaning Co retaining the Original Amount.
- Late Payment, Non Payment Fee and Debt Recovery 10.1 Where Mayday Cleaning Co 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. 10.2 The Customer agrees that if Mayday Cleaning Co has not received payment in full for the Service within 7 days of the original invoice date then a late payment fee of $15 applies per month plus daily interests at 10% per annum on any amount outstanding. 10.3 In addition to the amounts set out above, the Customer agrees to indemnify Mayday Cleaning Co for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Mayday Cleaning Co 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 payment terms including the failure by the Customer to pay an amount by the due date.
- Non-appearance If a Cleaner fails to attend the Premises within 1 hour of the Service Time and does not provide the requested Service, Mayday Cleaning Co will provide the Customer at their discretion with either: 11.1 A full refund of payments made by the Customer; or 11.2 Reschedule the Service at another time mutually agreed between the Customer and Mayday Cleaning Co.
- Complaints If the Customer is dissatisfied for any reason with the Service provided, it must inform Mayday Cleaning Co within 48 hours of completion of the Service. Mayday Cleaning Co strives to achieve 100% customer satisfaction and will endeavour to resolve the problem quickly and efficiently. Subject to clause 13, Mayday Cleaning Co may, at its discretion, offer the Customer either of the following: 12.1 A partial or full refund; 12.2 Re-supply of the Service without charge; 12.3 Such other remedy as deemed appropriate by Mayday Cleaning Co.
- Exclusions and Limitations 13.1 The only conditions and warranties which are binding on Mayday Cleaning Co in respect of the state, quality or condition of goods and services supplied by Mayday Cleaning Co to Customers are those imposed and required to be binding by statute (including the Competition and Consumer Act 2010) 13.2 To the extent permitted by statute, the liability, if any, of Mayday Cleaning Co is, at Mayday Cleaning Co’s option, limited to and completely discharged by the resupply of the Service. Mayday Cleaning Co is not responsible for: 13.2.1 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 13.2.2 Any damages caused by defective cleaning materials or cleaning equipment provided by the Customer; 13.2.3 Not completing or providing the Service as a result of the Cleaner not proceeding for health and safety reasons under clause 4; 13.2.4 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 Mayday Cleaning Co ; 13.2.5 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; 13.2.6 Existing dirt, wear, damage or stains that cannot be completely cleaned or removed; 13.2.7 Any wear or discolouring of fabric or surfaces becoming more visible once dirt has been removed; 13.2.8 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 13.2.9 The cost of any key replacement or locksmith fees, unless keys were lost by Mayday Cleaning Co or the Cleaner. 13.3 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 Mayday Cleaning Co gives no guarantee as to the actual results of the Service.13.4 Except to the extent provided in this clause, Mayday Cleaning Co 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 Mayday Cleaning Co (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 Mayday Cleaning Co).
- Indemnity The Customer indemnifies Mayday Cleaning Co against: 14.1 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, or where the liability of Mayday Cleaning Co is excluded or limited by virtue of the provisions of clause 13 (wether the losses or liabilities are caused by the negligence, breach of contract, breach of statutory duty or other act, omission, breach or failure of Mayday Cleaning Co ) irrespective of whether the provisions of clause 13 are declared void or severed from these terms; and 14.2 All legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Mayday Cleaning Co in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal) as a consequence of Mayday Cleaning Co providing the services to the Customer and including any action taken for the recovery of the recovery of the debt from the Customer.
- Accidents, Breakage, Damage & Theft 15.1 The Customer must inform Mayday Cleaning Co of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Cleaner within 48 hours of completion of the Service. 15.2 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 Mayday Cleaning Co within 48 hours of completion of the Service. 15.3 To the extent permitted by law, wilful damage or loss to the following items is specifically excluded from the liability of Mayday Cleaning Co under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.
- Termination 18.1 This Agreement may be terminated by the Customer by providing at least 1 weeks’ notice prior to the Service Time. 18.2 Subject to clause 18.3, Mayday Cleaning Co may terminate this Agreement by providing the Customer with at least 1 weeks’ notice prior to the Service Time. 18.3 Mayday Cleaning Co may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of Mayday Cleaning Co , acting reasonably, that breach is incapable of remedy.
- Changes to this Agreement 20.1 Mayday Cleaning Co reserves the right to update or modify these terms and conditions at any time with at least one week prior notice, via letter or email 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. 20.2 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.
- Law & Jurisdiction The Customer and Mayday Cleaning Co acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of Victoria and both agree to submit to the exclusive jurisdiction of the courts of Victoria in the event of any dispute.
- 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.
- Trademarks The name ‘Mayday Cleaning Co ’ is a registered business name and whether or not Mayday Cleaning Co has registered a trademark for use with this business name, the Customer is prohibited from using, exploiting or misusing the name or any trademark associated therewith without first obtaining the prior written permission of Mayday Cleaning Co.