Terms & Conditions

Kathryn Edwards terms and conditions

 
1.  General
These terms and conditions constitute the full and complete service agreement (the “Agreement”) between you (the “Customer”) and Kathryn Edwards (“KE”) for the provision of services by Kathryn Edwards.
Please take some time to review this Agreement.  By continuing to access this website or otherwise proceeding to engage KE for the provision of Services, these terms and conditions will apply unamended to the fullest extent permitted by law.
Please note that notwithstanding anything else in these terms and conditions, KE retains the right to terminate the Customer’s use of this website, or otherwise terminate or refuse service, for any reason permitted by law, in its sole discretion.
2.  Disclaimer
The content of this website, together with information provided as part of the Services, is for general information purposes only and does not constitute professional advice.  While KE will take all reasonable steps to provide content that is true and accurate, KE makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability of the information contained on this website or otherwise in relation to the Services, for any purpose.  Any reliance the Customer places on such information is therefore strictly at the Customer’s own risk.
The Customer acknowledges and agrees that testimonials or examples provided on this website or otherwise provided during provision of the Services do not constitute a representation, warranty or guarantee from KE that the Customer will achieve the same or similar results.
3.  Cleaning Services
  1. General
  2. Subject to the terms of this Agreement, KE agrees to provide domestic and commercial cleaning services (the “Services”) to the Customer at an address specified by the Customer (the “Premises”) on a regular or one-off basis.
  3. The Services will be for such cleaning duties as agreed by KE with the Customer at the time of booking.
  4. Subject to availability, KE will provide one or more cleaners (the “Cleaner”) to attend the Premises to provide the Services at a time and date mutually agreed between KE and the Customer (the “Service Time”).
  5. KE endeavours to provide the Services faithfully, diligently and in a timely and professional manner.
  6. Regular Service
  7. A “Regular Service” is those cleaning services which are provided by KE to the Customer on a weekly, fortnightly or monthly basis. A minimum of 2 hours service is required for regular services.  Subject to availability, KE will provide one or two Cleaners to undertake a Customer’s Regular Service.
  8. Regular Services include such cleaning and housekeeping duties as agreed between KE and the Customer at the time of booking. Once the scope of the Regular Services has been agreed as between KE and the Customer, the same day and time will be scheduled each week/fortnight/month (as applicable) for the Regular Service to take place. KE will endeavour to ensure that the same Cleaner undertakes the Regular Service.  Occasional changes to the date and time of a Regular Service can be made by agreement between KE and the Customer.
  9. For Regular Services, the Cleaner will supply and use their own cleaning products and equipment, unless the Customer has specific products or equipment which they require to be used in undertaking the Regular Service.
  10. Without limiting the terms of this Agreement, the Customer must ensure that the Cleaner is provided with access to the Premises (failure to do so will incur a $50 cancellation/postponement fee payable in accordance with the terms of this Agreement), a safe working environment and access to hot and cold water and electricity.
  11. Custom Services by the Hour
  12. A “Custom Service” is defined as a one-off cleaning service which is charged by hourly rate. Custom Services will not include window cleaning, carpet or upholstery steam cleaning or partial vacate/end of lease cleaning.
  13. A minimum of 2 hours cleaning for each Custom Service (the minimum fee payable is $100.00 for 2 hours), payable in accordance with the terms of this Agreement. The Customer acknowledges and agrees that KE reserves the right to impose penalty rates in circumstances where the Custom Service is to be performed outside normal business hours.
  14. Subject to availability, KE will provide one or two Cleaners to undertake Custom Services.
  15. The scope of the Custom Service will include such cleaning and housekeeping duties as agreed between KE and the Customer at the time of booking.
  16. Once-Off Service by Fixed Price Package
  17. A “One-Off Service by Fixed Price Package”” is defined as super cleaning or end of lease cleaning.
  18. In the case of a One-Off Service by Fixed Price Package, the Customer must be available to inspect the Premises before the Cleaner leaves at the end of the One-Off Service. To the extent that the Customer has any concerns with the One-Off Service, the Customer must raise that concern directly with the Cleaner at the end of the One-Off Service.  KE will endeavour to ensure that the Cleaner addresses any reasonable concerns that the Customer may raise in this regard.
  19. Without limiting the terms of this Agreement, the Customer must ensure that the Cleaner is provided with access to the Premises, a safe working environment and access to hot and cold water and electricity.
  20. The Cleaner will provide all cleaning products and equipment for One-Off Services by Fixed Price Packages.
  21. Window Cleaning Service
  22. KE’s quote for window cleaning services is based upon the size of the Premises, whether the Premises is single or double storey and the frequency of previous window cleaning. KE’s quote is also based upon standard sized windows and sliding doors.  KE reserve’s the right to charge an extra fee if the windows/sliding doors in the Premises are larger than a “standard sized” window or door.  For the purposes of this Agreement, a standard sized window is one main window or two small windows per room; and a standard sized sliding door is considered to be one large sliding door not more than five meters wide (one per Premises).
  23. The Customer must provide the Cleaner with access to all services and utilities as reasonably required by the Cleaner to perform the Window Cleaning Services.
  24. KE will ensure that the Cleaner endeavours to clean all requested windows, however, if a Cleaner deems any window to be inaccessible or unsafe to clean, the Cleaner will leave the particular window or all windows uncleaned. In such circumstances, KE will contact the Customer as soon as possible.
  25. The Customer must ensure that the Cleaner has unimpeded access to the Premises and all windows the subject of the Window Cleaning Service. Should the Cleaner be unable to access any part of the Premises or any window safely, the Cleaner will only clean those windows (or part thereof) which are accessible.  This will typically be charged at a $90.00 call out fee which is payable in accordance with this Agreement.  Examples of windows not being accessible include: security screens that are fixed with rivets or rusted in place or windows that are covered by spiky plants (such as bougainvillea).
  26. The Customer acknowledges and agrees that the Cleaner will not be required to move obstacles in order to undertake the Window Cleaning Services, including flowerpots, garden furniture, artworks or sculptures, awnings or outdoor blinds, sails or large outdoor umbrellas. To the extent that an obstacle obstructs a window to be cleaned, that window will not be cleaned and the provisions of clause 3.5d will apply.
  27. The Customer must not request any Cleaner to carry out unsafe working practices such as using high ladders or climbing on or over roofs and garages.
  28. Carpet & Upholstery Service
  29. Carpet cleaning prices quoted by KE are on a per room basis. Rooms less than 14 square meters are considered to be one standard room.  Rooms over 14 square meters but under 28 square meters are considered to be 2 standard rooms.
  30. Upholstery cleaning prices are per seating position and are subject to the condition of the upholstery. Additional charges may apply for recliners, ottomans, chaises and loose cushions.
  31. As part of its Carpet and Upholstery Service, KE will endeavour to remove all stains although no guarantee can be given with respect to the actual removal of stains.
  32. The Customer acknowledges and agrees that carpet cleaning and upholstery cleaning drying times are dependent upon good ventilation to the Premises and, as such, KE does not guarantee the actual time for drying.
  33. The Customer acknowledges and agrees that carpets and upholstery often will not have a consistent appearance after cleaning due to different areas of wear and tear, sunlight fading and other matters outside of the control of KE. The Customer acknowledges and agrees that stains are not always visible before dirt is removed and it may not be possible to remove those stains completely.  KE will use its best efforts provide a good result but Customers are asked to be aware of these limitations which are common to all cleaning operations.
  34. If the Customer’s carpet or upholstery is heavily soiled and this fact was not disclosed by the Customer at the time of booking, KE will advise the Customer of the condition of the carpet/upholstery and the suggested extra procedure needed, such as industrial cleaning or heavy cleaning. The Customer acknowledges and agrees that if the Customer agrees to the extra procedure, additional charges will be added and will be payable to KE in accordance with this Agreement.  The Customer may, however, elect not to have the Cleaner undertake such extra procedures, in which case the standard carpet/upholstery cleaning services will proceed as agreed between KE and the Customer.
  35. Any extra rooms or areas that the Customer did not notify KE about at the time of booking will not be cleaned. Any additional services must be discussed with KE and not the Cleaner, in accordance with the terms of this Agreement.
  36. KE will endeavour to remove all stains although no guarantee can be given to the actual removal of any stain.
  37. Commercial Services
  38. “Commercial Services” can be agreed between KE and the Customer on a one-off or regular basis.
  39. A minimum of 2 hours cleaning for each Commercial Service (the minimum fee payable is $100.00 for two hours), payable in accordance with the terms of this Agreement. The Customer acknowledges and agrees that KE reserves the right to impose penalty rates in circumstances where the Commercial Service is to be performed outside normal business hours.
  40. Subject to availability, KE will provide one or two Cleaners to undertake Commercial Services.
  41. The scope of the Commercial Service will include such cleaning and housekeeping duties as agreed between KE and the Customer at the time of booking.
4.  Additions and Amendments
  1. Any changes to the Services to be provided must be agreed by KE prior to the Service Time.
  2. If the Customer requires any additional services or variations at the time the Services are being performed, the Customer must first contact KE by telephone or via the online customer portal provided to the customer, who may agree to provide the additional services in its absolute discretion. The Cleaner is not authorised to agree to any changes to the Services being provided. The Customer must not request such changes directly from the Cleaner.
  3. For any variation works, additional charges will apply. Variation works are charged at $40 per hour, per Cleaner.  Variation works include, but are not limited to:
  4. Premises that has not been regularly cleaned or has otherwise been neglected in a manner which requires longer cleaning/maintenance activities than KE would deem “normal”.
  5. The Premises has suffered damage from pets or small children.
  6. The Premises has excessive wear and tear.
  7. The Premises is considered by KE to be larger than normal.
  8. Additional travel charges for the collection and return of keys.
  9. Time wasted by the Cleaner due to difficulties accessing the Premises (due to the Customer).
  10. The need for the Cleaner to move furniture to undertake the services.
  11. Washing walls.
  12. Dusting, wiping or washing blinds.
  13. The cleaning of white goods (i.e. washing machines).
5.  Customer Representations and Warranties
The Customer represents and warrants that:
  1. it will provide a safe working environment at the Premises for the Cleaner to perform the Services;
  2. the Cleaner will have unencumbered and unobstructed access to those areas of the Premises requiring the Services;
  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 Services;
  4. where the Customer requires the Cleaner to use the Customer’s cleaning products or equipment, it will provide all usual and necessary cleaning equipment and materials required by the Cleaner to provide the Services;
  5. all cleaning equipment and materials provided by the Customer are safe, have not been tampered with and are in full working order;
  6. it will advise KE prior to the commencement of the Services of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the Premises;
  7. it is authorised to use the Premises and obtain the provision of Services;
  8. if the Customer requires the Cleaner to clean behind or under any heavy items (eg. a fridge, stove, bookshelf, or other furniture), it will move those items prior to the commencement of the Services;
  9. 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 Services;
  10. if the Customer requires their fridge or freezer to be cleaned, the Customer will empty and defrost the fridge/freezer in advance. Any failure to do so may incur additional charges by KE;
  11. it will notify KE at the time of booking if the Premises is to be inspected on the day of provision of the cleaning services (or the keys returned to an owner/agent on the day of provision of the cleaning services) so that KE may endeavour the cleaning services within the required timeframe.
In circumstances where a Cleaner attends the Premises and the Cleaner determines that the Premises is not ready for delivery of the cleaning services, KE will contact the Customer by phone call.  The Customer acknowledges and agrees that such delay may result in ASM charging a variation fee, cancellation fee or re-attendance fee (as determined by KE, acting reasonably).
6.  Health and Safety Risks
In addition to the obligations and warranties set out in clause 5 above, the Customer acknowledges and agrees that:
  1. the Cleaner is entitled to undertake a job safety analysis before the commencement of any Services to assess any health and safety risks at the Premises;
  2. where the Customer has supplied specific cleaning materials or equipment for use, the Cleaner may, either before or during the provision of the Services 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; and
  3. the Cleaner may, either before or during the provision of the Services not provide or cease the provision of the Service where carrying out the Services presents, in the absolute discretion of the Cleaner, a risk to health and safety.
  4. KE and its Cleaners reserve the right to not clean a particular item or area within the Premises (with no accompanying price reduction) if that item or area is reasonably considered by KE or the Cleaner to may pose a possible risk to the Cleaner. For instance, a cracked or broken power point, dangerous light fitting or working at heights.
  5. Neither KE nor the Cleaner will be responsible for the removal of any rubbish. The Customer has the right to negotiate with KE an additional cost attributable to rubbish removal if required.
7.  Job quotations
  1. KE has the right to refuse any job and will discuss the price prior to any work being carried out.
  2. The actual price payable by the Customer is calculated on the size of the Premises and the actual level of cleanliness of the Premises. If the Premises is two storeys or more and this was not disclosed by the Customer at the time of booking, KE will contact the Customer to discuss the additional charges and will give the Customer the option to pay for the additional charges or leave any additional work incomplete.
  3. With respect to services other than Carpet Cleaning, one room is considered no larger than 16 m². Lounge and dining rooms are charged as 2 rooms. Hallways over 4m are considered to be 1 room and longer than 8m will be quoted on the day. Pricing over the phone or online cannot be guaranteed until visual inspection occurs at the Service Time.
  4. Any price quoted by KE is an estimate only based on KE’s experience, without inspection, and based on information provided by the Customer. Subject to this clause, quotes are valid for a period of 30 days from the date of the quote and are subject to an inspection of the Premises having been conducted by KE.
  5. If at the commencement or during provision of the Services, it is apparent that the actual cost of the Services will exceed the quote provided by KE, KE will provide the Customer with the option to pay an increased fee to complete the Service or pay the quoted amount without the Services being completed
  6. If KE is unable to contact the Customer, the Services will end at the pre-stated time advised in the estimate. The Customer acknowledges and agrees that KE has the right however to make an informed decision on the Customer’s behalf as to whether to complete the Services or terminate Services should terminating the Services restrict or deny the Customer’s likelihood of having their bond returned to them. The Customer acknowledges and agrees that KE will not be liable to the Customer for any failure by the Customer to have their bond returned to them.
  7. Secure parking must be provided for the Cleaner by the Customer. Any parking cost must be disclosed to KE at the time of making the booking, the cost of which must be borne by the Customer. Should a Cleaner incur a parking charge, that charge will be added to the price for the Services.
  8. The Customer must inform KE whether any cleaning services required are for an ‘end of tenancy’ at the time of quotation. The Customer acknowledges and agrees that KE provides no warranties about, and will not be held responsible for, the return of any bond amount to the Customer following completion of an ‘end of tenancy’ service.
  9. KE will only move machinery up 1 flight of stairs where a lift is not present but not any further.
  10. If fleas are present at the Premises, KE will not be responsible for cleaning any carpets. Also, KE has the right to refuse to complete the Services and the Customer will be liable to pay KE a fee reasonably determined by KE for time incurred.
  11. The Customer acknowledges and agrees to pay a $50.00 cancellation fee in the event of a lock out caused by our Cleaners being turned away, there being no one at the Premises to grant access or any problem with the keys. A minimum charge of $90.00 will apply to all services.
  12. Any end-of-lease cleaning services are quoted on the basis of an emptied house or unfurnished house. The Customer must ensure that all rubbish has been removed from the Premises, including rubbish that may be located in drawers, cupboards and any room.  Any Premises the subject of an end-of-lease clean that is furnished will incur an extra 20% surcharge, unless other arrangements have been made with KE.
  13. The Customer acknowledges and agrees that it must only book an end-of-lease cleaning service to be performed once all of the furniture has been removed from the Premises, the Premises is not being inhabited and all necessary maintenance / other work to the Premises has been completed.
8.  Bookings
  1. The Customer may make a booking either in person, by either telephone, email or on the KE website. Any booking made on KE’s website will only be scheduled upon the completion of a phone call, email confirmation or mobile phone sms and reply to the Customer’s booking enquiry.  The booking time quoted for services is an approximate time only and KE reserves the right to change the booking time within 48 hours of the original service time with the consent of the Customer (acting reasonably).
  2. Bookings are always subject to KE’s availability.
  3. 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.
  4. KE provides all quotations at the time of booking, in good faith and based on the information provided by the Customer. If any relevant information has not been provided to ASM at the time of booking, ASM reserves the right to alter the price of the Services.
  5. ASM reserves the right not to accept a booking for any reason.
  6. The Customer must inform KE at the time of booking if the Customer has any special requirements relating to allergies or issues with specific cleaning products, in which case KE will endeavour to make other arrangements prior to the Services taking place.
9.  Payment Terms
  1. The Customer agrees to pay the price quoted by KE in full prior to or at the Service Time, unless otherwise agreed with KE (in its sole discretion).
  2. If no payment has been made by the Service Time, KE will use reasonable endeavours to contact the Customer for payment. If KE cannot contact the Customer or payment is not made by the Service Time, the Customer will be deemed to have cancelled the Services and the Customer must pay any cancellation fees or charges as outlined in clause 18.
  3. If the Customer fails to make payment and the Services have been carried out, KE reserves the right to invoice the Customer the quoted amount (as adjusted), together with a 9% surcharge during the first 5 days, thereafter legal action may be pursued by KE.
  4. The Customer may make payments via bank transfer or cash on the day of KE’s provision of the Services. Payment details will be notified by KE at the time of booking.
10.                GST
  1. Unless otherwise agreed, all prices and quotations are GST exclusive amounts.
  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 will be increased by an amount equal to the amount of the GST required to be remitted by KE in relation to the supply (subject to the Customer’s receipt of a valid tax invoice) so that KE receives, after remitting that GST, the same amount as it would in the absence of a GST.
11.                Late payment fee
  1. Where KE has agreed to invoice the Customer for the payment of fees after the Services have been completed, the Customer must pay in full, all fees so invoiced, within 7 days of the invoice date.
  2. The Customer agrees that if ASM has not received payment in full for the invoiced Services within one calendar month of the original invoice date then a late payment fee of $15 applies for the first month. Interest will then be charged at a fixed rate of 10% per annum on each day thereafter that the invoiced amount remains outstanding.
12.                Non-appearance
If a Cleaner fails to attend the Premises within 1 hour of the Service Time and does not provide the requested Services, KE will provide the Customer with either:
  1. a full refund of payments made by the Customer; or
  2. offer to reschedule the Services to another time mutually agreed between the Customer and KE.
13.                No engagement of cleaners
  1. The Customer acknowledges KE invests significant resources in recruiting, selecting and training its Cleaners. Unless KE gives prior written permission, the Customer must not, directly or indirectly, engage, employ or contract with any Cleaner to provide domestic services to the Customer or any associate of the customer for any period during which services are provided by KE or for a period within 12 months after the conclusion of any Service.
  2. The Customer acknowledges that KE may suffer loss and damage, including, without limitation consequential loss, because of a breach of this clause by the Customer.
14.                Complaints & service guarantee
  1. Subject to clause 3.4.b, if the Customer is dissatisfied for any reason with the Service provided, it must inform KE within 48 hours of completion of the Service. KE strives to achieve 100% customer satisfaction and will endeavour to resolve the problem quickly and efficiently. Subject to clause 15, KE may, in its sole discretion, offer the Customer either of the following:
  2. a partial or full refund;
  3. re-supply of the Service without charge (see “service guarantee” below); or
  4. such other remedy as is deemed appropriate by KE.
  5. KE offers the Customer a “service guarantee” only in respect to the cleaning of the unsatisfactory items at the Premises and does not entitle the Customer to have the entire cleaning package (nor additional items) re-cleaned.
  6. The “service guarantee” only covers services provided and booked via KE, no other services are covered by the KE service guarantee.
  7. The service guarantee can only be invoked by the person who booked the cleaning service, with the exception of the vacate clean of which the owner of the Premises or the real estate agent managing the Premises may invoke the service guarantee on behalf of the person who booked the service.
  8. The service guarantee is only valid for up to 5 business days (end of lease cleaning only) and 48hours (for services other than end of lease clean) after the date of the cleaning service and under the following conditions being met:
  9. no building or maintenance work has been carried out at the Premises during or after the cleaning has been finished;
  10. the Premises has only had minimal or light foot traffic during or after the cleaning;
  11. the Premises has not been left open or unlocked, unattended or has had a security breach and had unwanted patrons enter after the cleaning service;
  12. the Premises has not been damaged in any way, be this from weather conditions or other such acts of nature, accidents by an external party or the person who booked the clean or animals left in the property during or after the cleaning;
  13. the service guarantee will only be honoured on the same clean at the same Property for up to a maximum of 2 times, after which, KE will cease to re-attend to the Premises;
  14. the Premises must be in a liveable condition at the time of the service taking place for the service guarantee to be honoured, this includes but is not limited to meeting the following criteria:
  15. the Premises is not excessively damaged, be this cosmetic or structurally;
  16. there are no issues with feral animals, bugs, insects or such at the Premises;
  17. the Premises must have working electricity with safe and usable electrical outlets, must have working lights in all rooms and must have running hot water.
  18. KE accepts no responsibility for bonds held back by real estate agents or owners nor for additional rent charges or other such charges accrued.
  19. The Customer acknowledges and agrees that some items will be subject to wear and tear, and some items may be unable to be cleaned due to long-term or excessive exposure or contact with a build-up of grime, in these instances, the service guarantee will not apply.
15.                Exclusions and limitations
  1. To the fullest extent permitted by law:
  2. KE excludes from this Agreement all guarantees, warranties and terms implied by statute, general law or custom; and
  3. KE excludes all liability whether arising in tort (including, without limitation, negligence), contract, equity or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Services.
  4. Nothing in this Agreement must be read or applied to exclude, restrict, modify or have such effect on any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which by law cannot be excluded, restricted or modified.
  5. To the extent permitted by statute, the liability, if any, of KE is, at KE’s option, limited to and completely discharged by the resupply of the Services.
  6. To the extent permitted by law, KE is not responsible for:
  7. not completing or providing the Services because of a breach of a warranty by the Customer in clause 5 (including a failure by the Customer to provide utility services, a safe working environment or unencumbered access to the Premises); or
  8. any damages caused by defective cleaning materials or cleaning equipment provided by the Customer;
  9. not completing or providing the Services because of the Cleaner not proceeding for health and safety reasons under clause 6;
  10. any loss or damage incurred by the Customer or any third party because of the effects of a force majeure, being any event beyond the reasonable control of KE;
  11. not completing or providing the Services due to an act or omission of the Customer or any other person at the Premises during provision of the Services;
  12. existing dirt, wear, damage or stains that cannot be completely cleaned or removed;
  13. any wear or discolouring of fabric or surfaces becoming more visible once dirt has been removed;
  14. those items which have been subject to wear and tear or which are to be cleaned due to long-term or excessive exposure or contact with a build-up of dirt or grime;
  15. any loss incurred because of any breakage or damage to goods, items of value (including antiques, items of sentimental value) or the Premises; or
  16. the cost of any key replacement or locksmith fees, unless keys were lost by KE or the Cleaner.
  17. The Customer acknowledges that the results of any services provided may vary depending on several factors (including materials used, equipment provided, time elapsed since Premises was last cleaned, and nature of cleaning required), and that KE gives no guarantee as to the actual results of the Services.
  18. Where damage has occurred as a direct result of KE’s negligent provision of services (as determined by KE, acting reasonably) and the Customer has notified KE of such damage in accordance with the provisions of this Agreement, KE will take all reasonable steps to rectify the damage and, where such rectification is not possible, will credit the Customer an amount equal to the cost of the damage.
  19. KE will not be responsible for:
  • Delays to the commencement of a cleaning service due to traffic congestion which has adversely affected a Cleaner;
  • The need to postpone a cleaning service due to broken equipment which is outside of KE’s control;
  • Incomplete cleaning jobs due to a lack of services, utilities, cleaning materials or equipment not being adequately provided by the Customer (where applicable); or
  • Incomplete cleaning services due to a third party entering the Premises or otherwise obstructing the services.
16.                Indemnity
Without limiting any other provision of this Agreement, the Customer indemnifies KE against:
  1. all losses or liabilities arising directly or indirectly because of the provision of the Services, including all losses or liabilities caused because of a breach of the warranties of the Customer set out in clause 5; and
  2. all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by KE in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal and including any action taken for the recovery of a debt from the Customer).
17.                Accidents, breakage, damage & theft
  1. The Customer must inform KE of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Cleaner within 24 hours of completion of the Services.
  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 KE within 24 hours of completion of the Services.
 
18.                Cancellation fees
  1. The Customer must provide KE with at least 48 hours’ notice prior to the Service Time, if they wish to suspend, postpone or cancel the Services for any reason.
  2. If such notice has been given, KE will endeavour to reschedule the Services if required (subject to availability of KE’s Cleaners).
  3. If the Customer does not provide 48 hours’ notice prior to the commencement of the Services, the Customer agrees to pay a cancellation fee equivalent to 2 hours cleaning (inclusive of GST) for administrative costs and loss.
  4. Payment of the fee contemplated by clause 18(3) must be made by the Customer in the manner contemplated by clause 9.
 
19.                Fee for non-access to premises & key collection
  1. If the Customer does not provide unencumbered access the Premises for KE or its Cleaners to provide the Service, or if the Cleaner reasonably determines that the Premises is not ready for the delivery of cleaning services, the Customer agrees to pay a cancellation fee equivalent to 2 hours cleaning (exclusive of GST) for administrative and travel costs.
  2. Payment of the fee contemplated by clause 19(1) must be made by the Customer in the manner contemplated by clause 9.
  3. If key collection and drop-off is required, KE reserves the right to charge an appropriate fee based on time and travel incurred in collecting and returning the keys. Such charges must be paid by the Customer in accordance with the terms of this Agreement.
 
20.                Termination
  1. This Agreement may be terminated by the Customer by providing at least 48 hours’ notice prior to the Service Time.
  2. Subject to clause 20(3), KE may terminate this Agreement by providing the Customer with at least 24 hours’ notice prior to the Service Time.
  3. KE may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the reasonable opinion of KE, that breach is incapable of remedy. Without limiting the generality of this provision, KE may terminate this Agreement with immediate effect if the Customer or any of its employees, associates, invitees or related parties behaves inappropriately towards KE or any Cleaner, including harassment, intimidation, threats or uses of fear (either verbally, written or physical) by the Customer, this includes explicit language, racism and defamatory remarks.
21.                Privacy policy
  1. The Customer acknowledges that any information provided by the Customer may be used by KE for providing the Services. KE agrees not to share any information provided by the Customer with any third party not directly involved in the provision of the Services (unless required to do so by law).
  2. The Customer agrees to KE communicating with them electronically and/or via other means to provide the Services or for reasons related to the provision of the Services.
  3. KE will take all reasonable precautions to protect personal information provided by the Customer from loss, misuse, unauthorised access or disclosure, alteration or destruction.
22.                Changes to this Agreement
  1. KE reserves the right to update or modify these terms and conditions at any time. If KE does so, the new terms and conditions will be posted on KE’s website and will be effective as soon as they are posted. For future provision of Services, these terms may therefore be different.  KE recommends that you read these terms carefully each time you access this website or use KE’s Services.
  2. Unless other terms and conditions are expressly accepted by KE by written amendment which refers to the terms and conditions to be amended, these terms and conditions exclude and supersede all prior discussions, representations and arrangements and any other implied, oral or written terms and conditions whether they are endorsed on, delivered with or referred to in any purchase order or other document delivered by the Customer to KE.
23.                Law & jurisdiction
  1. This Agreement will be governed by and construed in accordance with the laws of the State of South Australia.
  2. The courts of the State of South Australia will have jurisdiction to settle any dispute arising out of or in connection with this Agreement.
24.                Severability
  1. The Customer acknowledges and agrees that this Agreement is reasonable, valid and enforceable; however, if any part of this Agreement is held by a court of competent jurisdiction to be invalid, it is the intent of both the Customer and KE that such provision be reduced in scope only to the extent deemed necessary to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected or invalidated as a result.
  2. Where any provision in this Agreement is found to be unenforceable, the Customer and KE will then make reasonable efforts to replace the invalid or unenforceable provision with a valid and enforceable substitute provision, the effect of which is as close as possible to the intended effect of the original invalid or unenforceable provision.