Terms and Conditions

These Terms and Conditions shall apply to the exclusion of all others including any Terms and Conditions of the Customer (whether on the Customer’s order form or otherwise). No goods or services shall be supplied by the Cleancorp on any Terms or Conditions other than those set out herein and by accepting the services and/or taking delivery of the Goods, the Customer shall be deemed to agree to these Terms and Conditions

Definitions

“Cleancorp” The principal contractor of goods and services known as Cleancorp and/or Cleancorp (NSW) Pty Ltd.
“the Customer” means the person/s, firm or company requesting the supply of goods or services. This is the party to whom the goods and services are provided for and/or in whose name an account is maintained by Cleancorp.Goods means the consumable items or any products provided by Cleancorp for the Customer for use at the customer site.Services means regular or one-off cleaning service provided by Cleancorp at the premises requested by the Customer.

Prices

2. The Contract shall exist on an ongoing basis and may be terminated by either party giving 30 days’notice in writing. Prices are calculated on an annual basis and this amount is then divided into 12 equal monthly payments. No deduction or discount will be applicable in the event of any unused service days – including Easter, Christmas and other gazetted holidays or periods where a customer may close their premises. The Contract does not include the provision of a service on Bank/Public holidays unless specified accordingly.

Invoicing

3. Invoicing shall take place in advance and shall become due for payment on the 7th day of each month.
4. At no time can the customer short pay or waive payment of any invoiced fee without acceptance by Cleancorp management.
5. After the due date of payment, Cleancorp will charge a late payment fee of $20.00 per month + GST.
6. Cleancorp may in its absolute discretion impose an account keeping fee of no more than 15% of the value of each invoice.
7. The Customer agrees to pay and reimburse Cleancorp on demand for all legal costs, stamp duty or other costs or expenses suffered or incurred by Cleancorp in respect of the preparation of any agreements, personal guarantees, securities or other documentation required by Cleancorp to document or secure the provision of credit to the customer together with all collection and enforcement costs and expenses which Cleancorp may suffer or incur in connection with the sale of goods or supply of services or provisions of credit to the Customer including (without limitation) legal costs on a full Indemnity basis.

Fees

8. Cleancorp may increase its base service fees annually.
9. Public or Bank Holidays, this service will be charged at double the regular rate.
10. Cleancorp accepts MasterCard, Visa Card, EFT or cheque payments. Cleancorp may, at its discretion, charge a processing fee of no more than 3% of the value of the transaction.
11. Cleancorp will charge a late payment fee of $20.00 per month + GST on all outstanding invoices.

Service Cancellation

12. One months’ written notice, or payment of one months’ service fees in lieu of notice is required should you decide to discontinue using the services and/or receiving products.

Specification Changes

13. We reserve the right to alter our fees should the scope or complexity of the work change from that originally contracted; or from time to time as required. When a change in fee is necessary, written notice will be given and your invoicing will be amended from the date the change occurs.

Goods or Service Claims

14. The Customer shall be deemed to have accepted goods or services as being in accordance with its order unless; it notifies Cleancorp of its claim within 7 days of receipt of the goods; or the Customer has an agreement to provide adequate consumable stock for the site as needed. Cleancorp will not accept any return of allegedly defective or faulty goods or offer any leniency on the CONTRACT PRICE payable, unless Cleancorp has given prior written authorisation.

Goods or Service Claims

15. If the Customer agrees to allow Cleancorp to manage and provide adequate consumable stock as needed, the customer must notify Cleancorp of any faulty items within 7 days of receipt of the goods.

Events beyond the control of Cleancorp

16. Cleancorp will be exempted from performing its obligations under this Agreement for so long as it is unable to do so due to reasons beyond its reasonable control and shall not incur any expenses, nor suffer damages, for such withdrawal of services (i.e. Customer changes alarm or access codes, or customer changes locks and does not supply new codes and/or locks to Cleancorp) Under these circumstances Cleancorp shall still be paid for the service irrespective and shall not incur any expenses, nor suffer damages, for such withdrawal of services.

Accidents and Damages On-site

17. All Cleancorp subcontractors are deemed to be insured with Public Liability Insurance. Cleancorp will not be responsible for any accidental damages incurred by Cleancorp subcontractors at any time. Any damage to a customer site must be reported by the Customer to Cleancorp within 24 hours and documented by the customer in the Communications journal on site.

Changes in Ownership

18. In the event of the Customer, being an individual or partnership, incorporates his/her business and the Company continues to use the existing account, or the account is used by a Company of which he/she is a director, he/she hereby agrees to personally guarantee all due debts. If ownership of the Customer’s business changes, the Customer will remain liable for all debts incurred on this account until such time as Cleancorp is notified in writing of such change.

Change of Worker

19. Cleancorp agrees to provide the services contained in the specification and at its discretion may change the allocated cleaner servicing the above premises at any time.

Restrictive Covenant

20. The Customer agrees that should the cleaning contract be terminated for any reason, that for a period of one (1) year from the date of termination, the Customer will not solicit or engage any Cleancorp employee or Sub Contractor to work directly for the Customer in any capacity unless a selection fee equal to 30% of the Cleancorp employee or Sub-Contractor’s last 12 month’s invoices is paid by the Customer or recruiting organisation to Cleancorp.

21. For the purposes of this covenant not to compete, competition is defined as soliciting or accepting employment by, or rendering services to, any person or organisation that is or was a customer of the Cleancorp.

Jurisdiction

22. The proper law of all contracts arising between Cleancorp and the Customer is the law of the State of New South Wales and the parties agree that all claims and disputes relating to the goods sold shall be determined in the Court of competent jurisdiction nearest Sydney.

Headings

23. Headings to sections and paragraphs of this document are for ease of reference only.

Miscellaneous

24. Cleancorp Agrees to:

  • provide the service in accordance with the supplied specification.
  • comply fully with all current legislation.
  • ensure the security and confidentiality of the customer premises.
  • conduct itself in courteous manner at all times.
  • conduct site visits to verify quality assurance standards.

25. The Customer Agrees to:

  • provide access keys and alarm codes to Cleancorp for cleaning outside normal business hours
  • advise Cleancorp of any restrictions on access to premises or any part thereof, provided that Cleancorp will not be liable for any loss or damage whatsoever if it has not confirmed in writing that it has received such advice
  • settle all accounts by the monthly due date.
  • Record any accidents or damages in the Cleancorp Communications booklet on-site.
  • keep Cleancorp advised of any contact changes included in the Customer Information form attached

I/we certify that the information provided is correct, that the credit if granted is for commercial purposes and that I/we have read these Terms and Conditions and agree to abide by them.

 

Agreed & Accepted by:
Cleancorp™ NSW Pty Ltd

 

Agreed & Accepted by:

Hamish Macqueen

MANAGING DIRECTOR