TERMS & CONDITIONS
PURPOSE OF THIS AGREEMENT: A Letter of Indemnity (LOI) is an agreement whereby between two parties agrees to hold harmless another party upon the occurrence of an anticipated loss due to the contingency stated in the agreement. This is also known as an Indemnity Agreement or Hold Harmless Letter.
AGREEMENT & INDEMNIFICATION
All About Home Cleaning (AAHC) Service Indemnification Agreement
This agreement is entered into on between Silk Aurora Pty Ltd trading as All About Home Cleaning (AAHC) and/or All About Home Cleaning appointed Independent Domestic/House Cleaning Contractor/s.
Service Provider, “we”, “us” or “our”), and (“Client”, “Customer”, “you”, “your”), collectively known as the “Parties”. The Client seeks to obtain domestic house cleaning services from the Service Provider, and the Service Provider agrees they are capable and willing to meet all requirements outlined in this agreement. When you book cleaning services through our website, these terms and conditions will apply.
By checking the “AGREE – Service Agreement” box at the end of the website estimates form you are acknowledging to have read and understood [Service Agreement & Indemnification] and to be bound by these Terms & Conditions.
The following expressions shall have the following meanings:
1.1. “Service Provider” means Silk Aurora PTY LTD Trading as All About Home Cleaning (AAHC), whose registered office and company registration number are detailed on the website.
1.2. “Client” or “Customer” means any person or company/body corporate including “you” who purchases Services from the Service Provider.
1.3. “Booking Fee” means any amount paid by you to secure your booking as notified on our website.
1.4. “Cleaner” or “Cleaners” means an Independent Domestic/House Cleaning Contractor /s supplied to the Client to provide the services detailed in the estimates.
1.5. “Estimates or Quote” means a statement of work, quotation or other similar document describing the Services.
1.6. “Services” means the services as described in the Estimates/ Quote and includes any materials required to complete the work.
1.7. “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in online by the Service Provider at the time of booking.
1.8. “Agreement” means the agreement between the Service Provider and the Client for the provision of the Services incorporating these Agreement & Indemnification.
2. SERVICE PROVIDER
2.1. The Service Provider agrees they are not an employee of the Client and will act as an Independent Domestic/House Cleaning Contractor /s for the term of this cleaning service Agreement. Cleaner and the Client acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively agreement for service.
3.1. TheService Provider and the Cleaner agrees they are not an employee of the Client and will act as an Independent Domestic/House Cleaning Contractor for the term of this cleaning service contract. Independent Domestic/House Cleaning Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for service.
3.2. When you book a cleaner using our website, you will be entering into an independent agreement with that cleaner.
You acknowledge and agree that:
3.3. Your Cleaner is not our employee or subcontractor.
3.4. Your Cleaner is not providing services to you on our behalf.
3.5. We are only the Cleaner’s agent for the purposes of booking jobs and receiving payments from the customer; and
3.6. We are not an agent of any customer.
4.1. Once a booking is requested, we will confirm the booking as soon as possible (usually within 24 hours).
4.2. We do not guarantee that a cleaner will accept any job request.
4.3. If a cleaner is unable to attend a job for any reason, we will try our best to find a replacement. However, we cannot guarantee that a replacement may be found.
4.4. If we cannot find you a replacement cleaner, we will reschedule your booking to a time convenient for you. If we cannot find a suitable time for you, you may cancel the booking at no charge.
4.5. If you wish to reschedule a booking, we will need at least 24 hour notice before the cleaning service was scheduled to begin.
4.6. You can reschedule by calling us on 0490 221 978 or sending an email to email@example.com
5. SHORT 10 MIN MEETING
5.1. The cleaner will send SMS to your mobile to arrange a meeting with you prior to scheduled cleaning date.
5.2. You agree to respond via SMS either to accept, re schedule or deny her requested meeting date and time.
5.3. You accept that unanswered SMS request will automatically cancel any previous booking and may not be available on later dates.
6. CLEANING DAY
6.1. The cleaner will arrive at your property at the agreed time.
6.2. The cleaner will undertaker the job to a professional standard for the duration of the agreed time frame.
6.3. Where the job has not been completed satisfactorily (as determined by us acting reasonably) the cleaner will rectify the issue at the earliest availability.
6.4.The cleaner will not be liable for minor wear and tear during a job and will not be liable for any breakages of items if the breakage was genuinely accidental.
7. YOU REPRESENT, WARRANT AND AGREE THAT
7.1. The cleaner will have unencumbered and unobstructed access to the property.
7.2. You will safety restrain all animals at the property while the cleaner is performing the services.
7.3. All electrical equipment is in working order.
7.4. Appropriate cleaning products and equipment are available at the property for the cleaner to use.
7.5. There are no dangerous elements on the property, or if there are dangerous elements, that you have alerted them.
7.6. You will remove or secure any fragile, delicate, valuable items; and
7.7. There are no unannounced persons on the property.
7.8. You agree to provide a safe working environment.
8. USING OUR WEBSITE
8.1. Keep your contact details up to date.
8.2. Accept electronic communications from us.
8.3. Authorise us to disclose financial information, card related profile and purchase behaviour to third party institutions such as banks and financial agencies (including without limitation Visa, MasterCard and American Express); and
8.4. Authorise us to retail your booking, personal and contact details for the duration services provided until you have cancelled.
9.1. The Indemnifying Party (Client/You) agrees to indemnify and save the Indemnified Party (Service Provider), and All About Home’s Cleaners harmless from and against all claims, liability, loss, expenses, suits, damages, judgments, demands, and costs (including reasonable legal fees and expenses) arising out of.
9.2. The acts or omissions of Indemnifying Party, and All About Home Cleaning and its appointed Cleaners is/are in connection with domestic house cleaning and general house cleaning duties; or
Each party agrees to indemnify and hold the opposite party harmless against all liability or damages without limitation.
9.3. The indemnification clause of this cleaning services agreement shall survive the termination or conclusion of this agreement and shall remain in effect for a term of 12 months following conclusion or termination of this agreement.
10.1. Additional fees will be quoted if you wish to add any extra cleaning services in addition to the standard cleaning services already quoted.
10.2. If at the start of the job or during providing the services, it is apparent that the cost will exceed the quotation given, the cleaner will inform you and give you the option of paying an increased fee to complete the job.
10.3. If you do not wish to pay the additional cost, you may prioritize certain tasks within your allocated budget. These must be written and given to the cleaner before starting the job.
11.1. RECURRING CLEANING SERVICES: Weekly, Fortnightly and Monthly cleaning payments made via direct bank transfer directly to the Cleaner to his or her nominated bank account or paid cash on the day. All payments must be paid on the booking day. Cleaner will issue you an invoice for each visit with total of services carried out on that day.
11.2. ONE-OFF & BOND CLEANING SERVICES: Payments required made direct bank transfer directly to the AAHC direct bank account prior 2-3 days of the booking date. We will not attend any unpaid services. For unpaid services all bookings will be automatically cancelled null and void and no correspondence will be entered into.
11.3. HOLIDAY AirBNB CLEANING SERVICES: Payments required made direct bank transfer directly to the AAHC direct bank account prior 2-3 days of the booking date. We will not attend any unpaid services. For unpaid services all bookings will be automatically cancelled null and void and no correspondence will be entered into.
12.1. Cleaner will provide a refund or credit with a portion of the fee paid where, by no fault of the customer, the job is not performed satisfactorily.
12.2. Refunds will be at our sole discretion.
12.3. If you believe that any fees have been charged incorrectly, you must notify us within 10 days of the date of the invoice.
13.1. Client may cancel a visit by the Cleaner, except in exceptional circumstances where the cleaner has already started their cleaning job or completed their job then the Client shall remain liable to pay for the scheduled fees to the Cleaner.
13.2. In exceptional circumstances at the sole discretion of the Service Provider may also cancel, alter/change/shift booking date 24hrs prior commencement of any job their booking prior commencement of any job.
13.3. Either party may terminate this Agreement by 24hrs notice in verbally in person or via email/ or by phone to the other.
13.4. Where payment has been declined, future bookings may be cancelled by All About Home Cleaning until you bring payments up to date and update your payment details.
14.1. We strongly advise that you obtain Household Workers Insurance for any period that you engage a Cleaner on your property. This can be obtained through WorkSafe Queensland.
14.2. We are not responsible for any accidents or injuries suffered by Cleaner while they are performing cleaning services on your property.
15. THEFT, DAMAGE, AND INJURY
15.1. You enter arrangements with Cleaners entirely at your own risk. We recommend that you take out appropriate insurance to cover theft or damage.
15.2. We recommend that you remove or securely store valuable items (jewellery, cash, works of art and electronic equipment) while cleaning services are being performed.
15.3. Neither us nor the Cleaners will be responsible for any loss or damage caused by defective cleaning materials or equipment supplied by you.
16. MODIFICATION OF AGREEMENT
16.1. All amendments to this cleaning services agreement shall be submitted in writing and signed by both Parties. No amendment, modification, addition, or extension of this cleaning services agreement shall be considered binding if not conducted in the prescribed manner.
16.2. We reserve the right to suspend, terminate or disable your account if we believe that you are in breach of any of these terms and conditions.
17. ENTIRE AGREEMENT
17.1. This cleaning services agreement shall constitute the entire agreement and shall replace all written or verbal agreements before this agreement.
18. GOVERNING LAW
18.1. All legal manners related to this cleaning services agreement shall be subject to jurisdiction in the state of Queensland, Australia. The Parties agree that 19in the instance of disagreement both parties will seek mediation from a neutral arbitrator before seeking remedy through a court of law.
19. LIABILITY & SEVERABILITY
19.1. Should any single term of this agreement be held as unenforceable or illegal, the term shall be replaced with a similarly enforceable term. Upon the replacement or cancellation of any term of this agreement, all remaining terms will remain in full effect. We reserve the right to suspend, terminate or disable your account if we believe that you are in breach of any of these terms and conditions.
19.2. You acknowledge that we do not undertake cleaning services on our own behalf. Therefore, we are not responsible for the actions of a cleaner.
19.3. Certain rights and remedies may be available under the Competition and Consumer Act 2010 and may not be permitted to be excluded, restricted, or modified. Apart from those that cannot be excluded, we exclude all conditions and warranties that may be implied by law.
19.4. We have 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 the cleaners (including any loss caused by, or resulting directly or indirectly from, any failure, defect, or deficiency of any kind of or in the products used or services provided by our cleaners)
20.1. Both parties agree to all terms and conditions and will, to their best abilities, fulfil all aspects of this cleaning services agreement.
20.2. This agreement is covered by the laws of Queensland, Australia and you agree to be subject to the jurisdiction of the courts of Queensland, Australia if there was a serious dispute between you and us.
20.3. If any part of these terms and conditions is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
21.1.No clause of this agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
Agree by: Silk Aurora Pty Ltd trading as All About Home Cleaning (AAHC) and its Independent Domestic/House Cleaning Contractor /s.
Agree by: (Client)
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