All About Home Cleaning Service
Agreement & Indemnification

This cleaning services 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 Contractor.

Service Provider, "we", "us" or "our"), and {First Name:274} {Last Name:275} ("Client", "you", "your"), collectively known as the "Parties". The Client 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. When you book cleaning services through our website, these terms and conditions will apply.

By checking the "I agree" box you are agreeing to be bound by these terms and conditions.

DEFINITIONS

The following expressions shall have the following meanings:

"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.

"Client" means any person or company/body corporate including "you" who purchases Services from the Service Provider.

"Booking Fee" means any amount paid by you to secure your booking as notified on our website.

"Independent Contractor" means an independent cleaner supplied to the Client to provide the services detailed in the website estimates.

"Estimates or Quote" means a statement of work, quotation or other similar document describing the Services.

"Services" means the services as described in the Estimates or Quote and includes any materials required to complete the work.

"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.

"Agreement" means the contract between the Service Provider and the Client for the provision of the Services incorporating these Terms and Conditions.

INDEPENDENT CONTRACTOR

The Service Provider is in agreement they are not an employee of the Client and will act as an independent contractor for the term of this cleaning service contract. Independent 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. The cleaners registered with All About Home Cleaning have undertaken and passed reference and police checks.

When you book a cleaner using our website, you will be entering into an independent agreement with that cleaner.

You acknowledge and agree that:

1. Your cleaner is not our employee or subcontractor;
2. Your cleaner is not providing services to you on our behalf;
3. We are only the cleaner’s agent for the purposes of booking jobs and receiving payments from the customer; and
4. We are not an agent of any customer.

BOOKINGS

• Once a booking is requested, we will confirm the booking as soon as possible (usually within 24 hours).
• We do not guarantee that a cleaner will accept any job request.
• 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.
• 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.
• If you wish to reschedule a booking, we will need at least 24 hours notice before the cleaning service was scheduled to begin.
• You can reschedule through our website ESTIMATE page or by calling us on 0490 221 978 or sending an email to enquiries@allabouthomecleaning.com.au

CLEANING DAY

• The cleaner will arrive at your property at the agreed time.
• The cleaner will undertaker the job to a professional standard for the duration of the agreed time frame.
• Where the job has not been completed satisfactorily (as determined by us acting reasonably) the cleaner will rectify the issue at the earliest availability.
• 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.

 You Represent, Warrant and Agree That:

1. The cleaner will have unencumbered and unobstructed access to the property;
2. You will safety restrain all animals at the property while the cleaner is performing the services;
3. All electrical equipment is in working order;
4. Appropriate cleaning products and equipment are available at the property for the cleaner to use;
5. There are no dangerous elements on the property, or if there are dangerous elements, that you have alerted them;
6. You will remove or secure any fragile, delicate, valuable items; and
7. There are no unannounced persons on the property.
8. You agree to provide a safe working environment.

INDEMNITY

You agree to indemnify us against any loss, damage, cost or expense that we may incur as a result, or in connection with, your conduct or use of our website, including any breach of these terms and conditions.

The Indemnifying Party agrees to indemnify and save the Indemnified Party, and All About Home's Independent Contractor s harmless from and against any and all claims, liability, loss, expenses, suits, damages, judgments, demands, and costs (including reasonable legal fees and expenses) arising out of

1. The acts or omissions of Indemnifying Party, and All About Home Cleaning and its appointed Independent Contractor s in connection with domestic house cleaning and general house cleaning duties; or
2. Any accident, injury or death to persons, or loss of or damage to property, or fines and penalties which may result, in whole or in part, by reason of All About Home Cleaning except to the extent that such damage is due solely and directly to the negligence of the Indemnified Party.

Each party agrees to indemnify and hold the opposite party harmless against any and all liability or damages without limitation. 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.

FEES

• You will receive a quote estimate for fees prior to the first job at the relevant property through our website ESTIMATE
• Fees will be charged on the average time that it takes to clean a property of your size.
• A list of standard cleaning services can be found on our website at https://allabouthomecleaning.com.au/
• Additional fees will be quoted if you wish to add any extra cleaning services in addition to the standard cleaning services.
• If at the start of the job or during the course of 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.
• 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.

PAYMENTS & REFUNDS

Pay only when the clean is complete. All fees must be paid through the All About Home Cleaning website by direct credit or direct visa debit. Please note that we operate a cashless payment system. A payment hold will be placed on your card prior to service but WILL NOT be charged until after your service has been completed. Fees will be charged to your nominated credit card immediately following completion of each job. We will send you a receipt and invoice to your nominated email address.

You should not leave any cash for the cleaner or pay the cleaner directly. We will make payment to the cleaner.

We 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. Refunds will be at our sole discretion.

If you believe that any fees have been charged incorrectly, you must notify us within 10 days of the date of the invoice.

CANCELLATION

Customer 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 Customer shall remain liable to pay the Service Provider’s fees.

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;

Either party may terminate this Agreement by 24hrs notice in verbally in person or via email/ or by phone to the other.

Upon the expiry or termination of this Agreement, Independent Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.

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.

RETURN OF PROPERTY

Upon the expiry or termination of this Agreement, Independent Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.

INSURANCE

• 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.
• We are not responsible for any accidents or injuries suffered by cleaners while they are performing cleaning services on your property.

THEFT, DAMAGE AND INJURY

• You enter into arrangements with cleaners entirely at your own risk. We recommend that you take out appropriate insurance to cover theft or damage.
• We recommend that you remove or securely store valuable items (in particular jewellery, cash, works of art and electronic equipment) while cleaning services are being performed.
• Neither us nor the cleaners will be responsible for any loss or damage caused by defective cleaning materials or equipment supplied by you.

USING OUR WEBSITE

1. Keep your contact details up to date;
2. Keep your Credit Card details up to date
3. Accept electronic communications from us
4. 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
5. Enter into a valid and binding direct debit request and any other agreements or requirements of banks and financial institutions for the purposes of processing your payments.

ENTIRE AGREEMENT

This cleaning services contract shall constitute the entire agreement and shall replace any and all written or verbal agreements before this agreement.

MODIFICATION OF AGREEMENT

Any and all amendments to this cleaning services contract shall be submitted in writing and signed by both Parties. No amendment, modification, addition, or extension of this cleaning services contract shall be considered binding if not conducted in the prescribed manner. 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.

GOVERNING LAW

Any and all 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 parties will seek mediation from a neutral arbitrator before seeking remedy through a court of law.

LIABILITY & 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. 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.

• You agree to use our website at your own risk and you acknowledge that we do not undertake cleaning services on our own behalf. Therefore, we are not responsible for the actions of a cleaner.
• Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) 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.

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)

ACCEPTANCE

Both parties are in agreement to all terms and conditions above and will, to their best abilities, fulfil all aspects of this cleaning services contract. 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. 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. We may amend these terms and conditions from time to time and will provide 30 days notice of any changes that apply to you.

WAIVER

No clause of this agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.

Date: 29/10/2020   

Agree by: Silk Aurora Pty Ltd trading as All About Home Cleaning (AAHC) and its Contractors

Agree by:  {First Name:274} {Last Name:275}  (Client)

Your IP: 34.236.245.255

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