TERMS & CONDITIONS OF REGISTRATION
Definitions:
The following expressions shall have the following meanings:
A. "Service Provider" means All About Home Cleaning ABN 50 122 433 461 and any entity to which All About Home Cleaning otherwise assigns its rights.
B. "Client" means any person or persons who purchases Services from the "Service Provider" for whom "Service Provider" has allocated an Independent Domestic Cleaner within the last twelve (12) months regardless of how they are introduced to "Service Provider"
C. "Service" Domestic cleaning services offered to Clients by the "Service Provider".
D. "Contractor" means any person or persons for whom "Service Provider" has contracted or registered as an Independent Self-Employed Cleaning Contractor who are responsible for managing their own taxes, and
E. "Service Fee" means the fee payable by a Client of "Service Provider" to "Service Provider" for Its placement service, which Service Fee may be varied by "Service Provider" from time to time on the giving of no less than four (4) weeks’ notice.
"Service Provider" accepting my application on 25/11/2020 between Silk Aurora Pty Ltd trading as All About Home Cleaning (referred to as "Service Provider") and, as an appointed Independent Self Employed Cleaning Contractor, {First Name:274} {Last Name:275} (will be referred to as "Contractor") collectively known as the "Parties".
The Contractor seeks to obtain facility cleaning services from the "Service Provider", and The "Service Provider" agrees they are capable and willing to meet all requirements outlined in this contract.
In exchange for "Service Provider" accepting my application as an Independent Domestic Cleaner and registering me with "Service Provider", I specifically acknowledge and agree to the following Terms and Conditions of Registration:
1. I represent and warrant to "Service Provider" that:
a. I am honest trustworthy, reliable, dependable and physically capable of carrying out the duties of an Independent Domestic Cleaner and shall conduct myself at all times in such a manner in the performance of services for Clients and in my relationship with "Service Provider";
b. I have never been charged with or convicted of any criminal offence that has not otherwise fully been disclosed by me to "Service Provider" and I am not aware of any circumstances that are likely to lead to me being charged with or convicted of a criminal offence.
c. I have never been discharged or terminated by an employer or customer for matters relating to fraud, dishonesty or stealing or-behavior involving moral turpitude.
d. "Service Provider" has made no promises or guarantees that cleaning services with Clients will be offered to me or about the frequency of any cleaning services offered and accepted by me.
e. I agree that as a contactor, I am not an employee of the "Service Provider" and will act as an independent contractor for the term of this cleaning service contract. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a service contract.
f. As an independent contractor and assume all risk related to cleaning services, I carry out through "Service Provider" and there is no relationship of employer and employee between "Service Provider" and me.
g. As an independent contractor, I am responsible to effect and maintain my own licenses and insurances that are required by law or "Service Provider" to effect and maintain public liability insurance and required to provide my public liability certificate of currency for my public liability insurance coverage I own each year to "Service Provider" and when my policy expires. I am to provide my own equipment and cleaning products when I provide services to Clients.
h. I may decline to accept any work offered to me by "Service Provider" at my discretion.
i. I have an Australian Citizen Certificate or am a permanent resident with work permit. I will bring proof of original work permit to my first appointment.
2. I shall carry out my duties as an Independent Domestic Cleaner in accordance with instructions given to me by each Client of "Service Provider" for whom I work.
3. If directed to do so by Service Provider, if paid cash by Client, I will collect Service Fee from each Client and bring monies to Service Provider (or as directed by Service Provider) within seven (7) days of collection of the fees along with full copy of the service invoice provided to the Client.
4. I will not charge more than the fees prescribed by Service Provider. With booklets provided by the Service Provider, I will prepare a receipt/invoice for the services including optional extras (add on) services with sufficient written service details (as requested by the Service Provider) to the Client. More details on how to use these booklets will be provided by the Service Provider.
I understand that in order for me to get paid, as a proof of service, I am required to send the copy of Service Invoice to the Service Provider via SMS or via email upon completion each service on the day. I acknowledge that "Service Provider" may only pay me for the service hours I am allocated to (and it is only responsible to pay me for those services based on the hours spend plus the optional extras I have provided on the day).
5. "Service Provider" is not responsible or liable for the payment of my fees. To the extent permitted by law, "Service Provider" is not responsible for any loss or injury of any nature whatsoever that I may suffer or incur whilst I am working as an Independent Domestic Cleaner for a Client of "Service Provider".
6. I understand and accept that I need to wear a company logo uniform top at all times. Service Provider uniform colours are navy blue. You may order All About Home Cleaning polo shirt with Service Provider logo for an ammount total of $55. Uniform fee is payable by the contactor before starting their job. Only plain navy coloured shorts may be worn, and they can be easily purchased by the contractor directly from their local stores like K-mart or Target. Company logo uniforms must always be worn during cleaning duties. Having more than one uniform is highly recommended.
Why have a uniform for a business?
There are several reasons why a business owner may like to contractors to have a uniform including:
• Promoting your brand through the uniform
• Giving your business a more professional look
• Making it easier for customers to identify your staff
• Safety reasons - you can make sure your staff are wearing the right protective clothing and footwear if it is a compulsory part of the uniform for workplace health and safety (WHS) reasons.
7. I am responsible for ensuring the quality of my work and I undertake to rectify immediately and properly, at my own expense, any substandard work for which I am paid. If I do not do so or the Client or "Service Provider" otherwise requires, then "Service Provider" can engage another contractor to do so and charge me the cost of rectification of that substandard work.
8. I will pay my own insurance excess on any insurance claim caused by me. I am only covered as a registered Independent Domestic Cleaner of "Service Provider" where as per I have previously stated in my application that I have my own current Public Insurance.
9. I will give "Service Provider" not less than two (2) weeks written notice If I choose to cease working for "Service Provider" or to have my name removed from "Service Provider"'s Register of Approved Independent Domestic Cleaners.
10. I will immediately return to "Service Provider" any property belonging to "Service Provider", including any identification badges, business cards and Client's keys in my possession if I cease working for "Service Provider" or if my name is removed from "Service Provider"'s Register of Approved Independent Domestic Cleaners for any reason.
11. If I cease working for "Service Provider" or If my name is removed from "Service Provider"'s Register of Approved Independent Domestic Cleaners for any reason, I will not for a period of twelve (12) months from that date accept any work from any Client of "Service Provider" for whom I have previously provided services.
12. Whilst I am registered as an Independent Domestic Cleaner with "Service Provider":
a. I will not accept any work from a Client of "Service Provider" that excludes (or where I do not receive) payment of the Service Fee unless prior approval is given by "Service Provider"; and
b. I will Immediately report to "Service Provider" all referrals that I receive from Clients of the "Service Provider".
13. I will not at any time following my registration with "Service Provider" do say anything that disrupts, interferes with, threatens or brings to an end the business relationship between "Service Provider" and any of Its Clients or that would bring the name and reputation of "Service Provider" or All About Home Cleaning into disrepute or which may cause any damage to "Service Provider".
14. If I breach paragraphs 10, 11 or 12, I agree to pay "Service Provider" within seven (7) days an amount equal to one (1) years’ Service Fee for each instance based on the assumption that the Client will be serviced by me for three (2) hours each week for a minimum of one (1) year which I acknowledge is a reasonable assessment of the loss which will be sustained by "Service Provider" as a result of my breach.
15. I will not permit any person whatsoever who is not registered with "Service Provider" to enter a Client's property without the prior knowledge and consent of both the Client and "Service Provider". I may engage other persons to carry out my duties to perform the services with the consent of both the Client and the (prior written consent of the) "Service Provider", which "Service Provider" may refuse to provide in its discretion. if another person carries out any of my duties. I will still be responsible for the performance of the services as though I had performed the services myself. I will also ensure that the person performing the services agrees to be bound by these terms and conditions of registration and I indemnify "Service Provider" against any claims which may be brought against it about the services or by the person performing the services.
16. I consent to my name, phone number, referee comments and work history notes kept by "Service Provider" being given by the "Service Provider" to any of its Clients as the basis of their recommendation that a Client use my services as an Independent Domestic Cleaner and I expressly waive any rights which I may have about that information.
17. I authorise "Service Provider" to scan and retain on file, any relevant documents that may prove my Identity and or work rights; and to obtain and keep information about me from my referees, employers. credit reporting agencies and any other person or organisation who may have knowledge or information concerning my general honesty, reliability, trustworthiness, and my capability as an Independent Domestic Cleaner. I acknowledge the terms of the "Service Provider"'s privacy policy.
18. I shall always maintain the security, confidentiality, and privacy of each Client of the "Service Provider" for whom I perform the services and all communications and dealings I have with "Service Provider".
19. I am solely responsible for the security of a Client's access to their premises, including keys. access cards or remotes whilst they are in my possession and I will not give the keys, access cards or remotes to any other person or have additional copies of those keys, access cards or remotes made or mark or label them in any manner that would permit Client or their premises to be identified if the keys, access cards or remotes are lost by me. Any secure code that I may be given to access Client's premises is to be kept by me with absolute confidentiality and I must not provide or disclose that security code to any other person.
20. I will immediately return a Client's keys, access cards or remotes on request from either the Client or "Service Provider". If any security code is written down, I will also destroy it on request.
21. If I breach either Condition 18 or 19, "Service Provider" may use my personal information, as It deems necessary, to facilitate or to cause the return of the Client's keys, access cards or remotes or to protect the security of the Client's property. I also agree to be responsible for any claim that is made by the Client for their costs to replace any locks, access cards or remotes or to reprogram any security device or codes arising from my losing the keys, access cards, remotes, or the security code.
22. If I fail to pay the Service Fee to "Service Provider", I agree to pay "Service Provider" within seven (7) days an amount equal to the unpaid Service Fee plus "Service Provider"'s costs and expenses incurred in exercising. protecting or recovering Service Fees or any other costs and expenses in connection with my registration. I further agree to pay ten per cent (10) % Interest on any of the above outstanding amounts from the date on which they are due to the date on which they are paid to "Service Provider".
23. I will provide a Police Clearance if required and if I do not provide one I authorise the "Service Provider" to apply for and obtain one at my expense. Please note NCC process might take 1-2 wks.
24. I agree to indemnify "Service Provider" harmless from and against any claims, liability, loss, expenses, suits, damages, judgments, demands, and costs (including reasonable legal fees and expenses) arising out of and for any loss or damage it suffers or incurs of any kind arising from any defective work that I perform for a Client or that "Service Provider" may otherwise suffer or incur If I do any act or thing that brings the name of All About Home Cleaning or "Service Provider" into disrepute.
1) The acts or omissions of Indemnifying Party, and All About Home Cleaning and its appointed Cleaning Contractors in connection with domestic house cleaning and general house cleaning duties; or
2) Any accident, injury or death to persons, or loss of or property damage, or fines and penalties which may result, in whole or in part, because of All About Home Cleaning except to the extent that such damage is due solely and directly to the negligence of the Indemnified Party.
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.
25. "Service Provider" is entitled to remove me as an Independent Domestic Cleaner from the register and not refer Client work to me If I breach these Terms and Conditions or If any of the representations or warranties I made in clause 1 are incorrect at the time of signing or If they subsequently become incorrect. I acknowledge that I have a positive obligation to immediately advise "Service Provider" if I become aware that any of those representations or warranties ceases to be true and correct at any time.
26. I expressly acknowledge that "Service Provider" may appoint other parties to undertake some or all of its obligations or duties under these terms and conditions, including through the appointment of agents who may be authorised to act on behalf of "Service Provider". ln that event, I will follow the proper direction of "Service Provider". However, I always acknowledge that I shall be contracting with and principally responsible to "Service Provider".
Governing Law
Any legal manners related to this cleaning services contract shall be subject to jurisdiction in the state of Queensland, Australia The Parties agree that in the instance of disagreement both parti/es will seek mediation from a neutral arbitrator before seeking remedy through a court of law.
Severability
Should any single term of this contract 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.
Acceptance
Both parties agree to all terms and conditions above and will, to their best abilities, fulfil all aspects of this cleaning services contract.
Agreed by the Contractor {First Name:274} {Last Name:275}
On this day
Independent Domestic Cleaner Signature: ------------------------
Date: 25/11/2020
Contractor IP: 34.237.138.69
Name of Witness: --------------------------------------
Witness Signature: -------------------------------------
Date: 25/11/2020
