customer service agreement
These terms and conditions constitute the full and complete service agreement (the “Agreement”) between you (the “Customer”) and Penguin Cleaning Perth Pty Ltd (“Penguin Cleaning Perth”), Australia for the provision of services by Penguin Cleaning Perth.
Please take some time to review this Agreement. Use of our services constitutes your acceptance of these terms and conditions.
- cleaning services
- Subject to the terms of this Agreement, Penguin Cleaning Perth agrees to provide cleaning services (the “Service”) to the Customer at an address specified by the Customer (the “Premises”).
- The Service will be for such cleaning duties as agreed with the Customer at the time of booking.
- Penguin Cleaning Perth will provide one or more cleaners (the “Cleaner”) to attend the Premises to provide the Service at a time and date mutually agreed between Penguin Cleaning Perth and the Customer (the “Service Time”).
- Penguin Cleaning Perth endeavours to provide the Service faithfully, diligently and in a timely and professional manner.
- additions and amendments
- Any changes to the Service to be provided must be agreed by Penguin Cleaning Perth prior to the Service Time.
- If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact Penguin Cleaning Perth by telephone, who may agree to provide the additional services in its absolute discretion. The Customer must not request such changes directly from the Cleaner.
- customer representations and warranties
The Customer represents and warrants that:
- It will provide a safe working environment at the Premises for the Cleaner to perform the Service;
- The Cleaner will have unencumbered and unobstructed access to those areas of the Premises requiring the Service;
- 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 Service;
- It will provide all usual and necessary cleaning equipment and materials required by the Cleaner to provide the Service, unless other arrangements have been made with Penguin Cleaning Perth;
- All cleaning equipment and materials provided by the Customer are safe, have not been tampered with and are in full working order;
- It will advise Penguin Cleaning Perth prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the Premises;
- It is authorised to use the Premises and obtain the provision of Service;
- If the Customer requires the Cleaner to clean behind or under any heavy items (e.g. a fridge, bookshelf, or other furniture), it will move those items prior to the commencement of the Service; and
- 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 Service.
- health and safety risks
In addition to the obligations and warranties set out in clause 3 above, the Customer acknowledges and agrees that:
- The Cleaner is entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk at the Premises;
- The Cleaner may, either before or during the provision of the Service 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.
- The Cleaner may, either before or during the provision of the Service not provide or cease the provision of the Service where carrying out the Service presents, in the absolute discretion of the Cleaner, a risk to health and safety.
- no engagement of cleaners
- The Customer acknowledges Penguin Cleaning Perth invests significant resources in recruiting, selecting and training its Cleaners. Unless Penguin Cleaning Perth gives prior written permission, the Customer must not, directly or indirectly, engage, employ or contract with any Cleaner to provide Cleaning services to the Customer or any associate of the customer for any period during which services are provided by Penguin Cleaning Perth or for a period within 12 months after the conclusion of any Service.
- The Customer acknowledges that Penguin Cleaning Perth may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Customer.
- job quotations
- The actual price payable by the Customer is calculated on the total number of hours worked/Type of Services by the Cleaner.
- Any price quoted by Penguin Cleaning Perth is an estimate only based on Penguin Cleaning Perth’s experience, without inspection, and based on information provided by the Customer. Subject to this clause, quotes are valid for a period of 14 days from the date of the quote.
- If at the commencement or during the course of providing the Service, it is apparent that the actual cost of the Service will exceed the quote provided by Penguin Cleaning Perth, Penguin Cleaning Perth will provide the Customer with the option to pay an increased fee to complete the Service, or pay the quoted amount without the Service being completed.
- The Customer must inform Penguin Cleaning Perth whether any cleaning services required are for an ‘end of tenancy’ at the time of quotation.
- The Customer may make a booking either in person, by telephone, fax, and email or on the Penguin Cleaning Perth website.
- 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;
- Penguin Cleaning Perth provides all quotations at the time of booking.
- Penguin Cleaning Perth reserves the right not to accept a booking for any reason.
- payment terms
- The Customer agrees to pay the price quoted by Penguin Cleaning Perth in full prior to or at the Service Time, unless otherwise agreed in advance with Penguin Cleaning Perth.
- If no payment has been made by the Service Time, Penguin Cleaning Perth will use reasonable endeavours to contact the Customer for payment. In the event that Penguin Cleaning Perth cannot contact the Customer or payment is not made by the Service Time, the Customer will be deemed to have cancelled the Service, and the Customer must pay any cancellation fees or charges due set out in clause 16.
- Payments may be made via bank transfer, cheque or in cash. Payments by bank transfer should be made to:
||Penguin Cleaning Perth Pty Ltd
||Invoice Ref No or Surname/Address
- Cheque payments should be made payable to Penguin Cleaning Perth Pty Ltd.
- Unless specified otherwise, all prices and quotations are expressed to be GST exclusive amounts.
- 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 (Original Amount) will (subject to the receipt of a valid tax invoice) be grossed up so that Penguin Cleaning Perth receives an amount which, after subtracting the GST liability of Penguin Cleaning Perth, results in Penguin Cleaning Perth retaining the Original Amount.
- late payment fee
- Where Penguin Cleaning Perth has agreed to invoice the Customer for payment of fees after the Service has been completed, the Customer agrees to pay in full, all fees due, within 7 days of the invoice date.
- The Customer agrees that if Penguin Cleaning Perth has not received payment in full for the Service within one calendar month of the original invoice date then a late payment fee of $15 applies for the first month. Interest will be charged on the fixed rate of 10% per annum on each day that any amount remains outstanding thereafter.
- In addition to the amounts set out above, the Customer agrees to indemnify Penguin Cleaning Perth for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Penguin Cleaning Perth in connection with a demand, action, or other proceeding (including mediation, out of court settlement or any action taken for recovery of debt from the Customer) arising out of a breach of these terms including the failure by the Customer to pay an amount by the due date.
If a Cleaner fails to attend the Premises within 1 hour of the Service Time and does not provide the requested Service, Penguin Cleaning Perth will provide the Customer with either:
- A full refund of payments made by the Customer; or
- Offer to reschedule the Service at another time mutually agreed between the Customer and Penguin Cleaning Perth.
If the Customer is dissatisfied for any reason with the Service provided, it must inform Penguin Cleaning Perth within 24 hours of completion of the Service. Penguin Cleaning Perth strives to achieve 100% customer satisfaction and will endeavour to resolve the problem quickly and efficiently. Subject to clause 13, Penguin Cleaning Perth may, at its discretion, offer the Customer either of the following:
- a partial or full refund;
- re-supply of the Service without charge;
- Such other remedy as deemed appropriate by Penguin Cleaning Perth.
- exclusions and limitations
- The only conditions and warranties which are binding on Penguin Cleaning Perth in respect of the state, quality or condition of goods and services supplied by Penguin Cleaning Perth to Customers are those imposed and required to be binding by statute (including the Trade Practices Act 1974).
- To the extent permitted by statute, the liability, if any, of Penguin Cleaning Perth is, at Penguin Cleaning Perth’s option, limited to and completely discharged by the resupply of the Service. Penguin Cleaning Perth is not responsible for:
- not completing or providing the Service as a result of a breach of a warranty by the Customer in clause 3 (including a failure by the Customer to provide proper materials, cleaning equipment, utility services, a safe working environment or unencumbered access to the Premises); or
- any damages caused by defective cleaning materials or cleaning equipment provided by the Customer;
- not completing or providing the Service as a result of the Cleaner not proceeding for health and safety reasons under clause 4;
- any loss or damage incurred by the Customer or any third party as a result of the effects of a force majeure, being any event beyond the reasonable control of Penguin Cleaning Perth;
- not completing or providing the Service due to an act or omission of the Customer or any other person at the Premises during provision of the Service;
- existing dirt, wear, damage or stains that cannot be completely cleaned or removed;
- any wear or discolouring of fabric or surfaces becoming more visible once dirt has been removed;
- any loss incurred as a result of any breakage or damage to goods, items of value (including antiques, items of sentimental value) or the Premises; or
- The cost of any key replacement or locksmith fees, unless keys were lost by Penguin Cleaning Perth or the Cleaner.
- Except as provided in this clause, all conditions and warranties implied by law in respect of the state, quality or condition of the Service which may apart from this clause be binding on Penguin Cleaning Perth are excluded.
- The Customer acknowledges that the results of any services provided may vary depending on a number of factors (including materials used, equipment provided, time elapsed since Premises was last cleaned, and nature of cleaning required), and that Penguin Cleaning Perth gives no guarantee as to the actual results of the Service.
- Except to the extent provided in this clause, Penguin Cleaning Perth has 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 Penguin Cleaning Perth (including any loss caused by, or resulting directly or indirectly from, any failure, defect or deficiency or any kind of or in the products used or services provided by Penguin Cleaning Perth).
The Customer indemnifies Penguin Cleaning Perth against:
- all losses or liabilities arising directly or indirectly as a result of the provision of the Service including all losses or liabilities caused as a result of a breach of the warranties of the Customer set out in clause 3; and
- all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Penguin Cleaning Perth 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).
- accidents, breakage, damage & theft
- The Customer must inform Penguin Cleaning Perth 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 Service.
- 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 Penguin Cleaning Perth within 24 hours of completion of the Service.
- To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of Penguin Cleaning Perth under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.
- cancellation fees
- The Customer must provide Penguin Cleaning Perth with at least 24 hours’ notice prior to the Service Time, if they wish to suspend, postpone or cancel the Service for any reason.
- In the event that such notice has been given, Penguin Cleaning Perth will endeavour to reschedule the Service if required.
- In the event that the Customer does not provide 24 hours’ notice prior to the commencement of the Service, the Customer agrees to pay a cancellation fee equivalent to 2 hours cleaning (inclusive of GST) for administrative costs and loss.
- fee for non-access to premises
In the event that the Customer does not provide unencumbered access the Premises for Penguin Cleaning Perth or its Cleaners to provide the Service, the Customer agrees to pay a cancellation fee equivalent to 2 hours cleaning (inclusive of GST) for administrative and travel costs.
- This Agreement may be terminated by the Customer by providing at least 48 hours’ notice prior to the Service Time.
- Subject to clause 18(c), Penguin Cleaning Perth may terminate this Agreement by providing the Customer with at least 24 hours’ notice prior to the Service Time.
- Penguin Cleaning Perth may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of Penguin Cleaning Perth, that breach is incapable of remedy.
- The Customer acknowledges that any information provided by the Customer may be used by Penguin Cleaning Perth for the purpose of providing the Service. Penguin Cleaning Perth agrees not to share any information provided by the Customer with any third party not directly involved in the provision of the Service (unless required to do so by law).
- The Customer agrees to Penguin Cleaning Perth communicating with them electronically and/or via other means in order to provide the Service or for reasons related to the provision of the Service.
- Penguin Cleaning Perth will take all reasonable precautions to protect personal information provided by the Customer from loss, misuse, unauthorised access or disclosure, alteration or destruction.
- changes to this agreement
- Penguin Cleaning Perth reserves the right to update or modify these terms and conditions at any time without prior notice, and may do so by publishing an updated agreement on its website. Each updated agreement will take effect 24 hours after it has been published on the website.
- The Customer agrees that any use of the Service following any such change, whether as a single job or as part of a regular cleaning schedule, constitutes their agreement to follow and be bound by the terms and conditions as changed.
- law & jurisdiction
The Customer and Penguin Cleaning Perth acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of Victoria and both agree to submit to the exclusive jurisdiction of the courts of Victoria in the event of any dispute.
The Customer agrees that if any term or provision is held invalid, void or unenforceable, then that provision will be considered severable and the remaining terms and provisions shall continue to be binding.
The content of this Agreement is protected by international copyright laws and may be used for personal reference only. Subject to applicable law, permission to copy, alter, reproduce, publish, transmit and/or otherwise distribute this content is forbidden without first obtaining the prior written permission of Penguin Cleaning Perth Pty Ltd.
The name ‘Penguin Cleaning Perth’ is a registered trademark. Subject to applicable law, permission to use this name is forbidden without first obtaining the prior written permission of Penguin Cleaning Perth Pty Ltd.