Terms and Conditions

Terms and Conditions

This Agreement is entered into between Servland Group Pty Ltd ABN 41 639 349 625 (we, us or our) and you, the user of our Site (you or your), together the Parties and each a Party. Business trading name is Servtown.

Background

We operate an online platform at www.servtown.com.au (Site) through which customers (Users) can book a cleaner (Cleaner) for the provision of cleaning services (Cleaning Services). We  perform the Cleaning Services ourselves but also contract with Cleaners who provide the Cleaning Services to you. Please check our Site for the areas in which we provide Cleaning Services.

1. Acceptance and Term

1.1  You accept this Agreement by accessing or using our Site or by clicking “I accept” this Agreement or similar when signing up for an Account.

1.2  This Agreement will commence on the date it is accepted by you and will continue until it expires, unless earlier terminated in accordance with its terms (Term).

2. Accounts

2.1 You can browse and view some of our Site without an account, however, to make a booking for Cleaning Services (Booking), you are required to either create an account (Account) or to log-in as a guest. You must ensure that any personal information you give to us when creating an Account or accessing our Site as a guest, including your name and email address, is accurate and up-to-date. It is your responsibility to keep your Account details and password confidential. All personal information that you give to us will be treated in accordance with our Privacy Policy.

2.2 You are liable for all activity on your Account including Bookings made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

2.3 Your Account is personal and you must not transfer it to others, except with our written permission.

2.4 You must not create an Account on the Site unless you are at least 18 years old.

2.5 At our discretion, we may refuse to allow any person to create an Account.

3. Bookings

3.1 To create a Booking, you must provide details such as the size of your home or location that requires cleaning (Premises), the postcode, the type of cleaning you require (e.g. house, carpet, upholstery, end of lease etc.) the number of bedrooms and bathrooms and your preferred booking time (Booking Request). For certain types of cleaning, we may require you to submit a photo of the area to be cleaned.

3.2 Once you have submitted your Booking Request, we will email you a quote (Quote) which sets out the price and timing for which we can arrange Cleaning Services for you.

3.3 A Quote is valid for 7 days after the date of the Quote. At the time you receive your Quote, your requested cleaning date and time is available for booking. However we do not hold dates or times open and you agree to pay the Price to secure your cleaning date and time and as a precondition to us providing of the Cleaning Services.

3.4 Once you have accepted the Quote, we will issue you with an invoice for you to make payment in accordance with clause 5.

3.5 We will only be required to comply with a Quote once you have made payment in accordance with clause 5. If you have filled out the Booking Request incorrectly, we may need to amend the relevant Quote.

3.6 If a Quote needs to be revised based on any new information given by you, we will send a revised Quote to for you to accept. If you do not accept the revised Quote and pay any additional amounts, you may cancel the Booking in accordance with clause 6.

3.7 Each Quote is subject to, and will be governed by, this Agreement and any other conditions agreed to by the Parties in writing. To the extent of any ambiguity or discrepancy between a Quote or an invoice and this Agreement, the terms of this Agreement will prevail.

3.8 If this Agreement expresses a time within which the Cleaning Services are to be provided, you agree that such time is an estimate only, and creates no obligation on us to provide the Cleaning Services by that time.

3.9 For House Cleaning services specifically, we require your credit cards on file as a confirmation of the house cleaning booking. Your credit card details will be stored in a third party payment processor (Stripe). Your credit card will only be charged after the service has been rendered. You agree that your credit card information will be saved on file for further transactions on your account.

3.10 If you are a new (first time) customer for House Cleaning services, we require a $50 deposit along with your credit card details on file to confirm the booking. Once you agree with the Quote provided, we will issue an invoice via a third party payment processor (Stripe) to collect the $50 deposit, the remaining balance will be charged to your credit card once the service has been rendered.

3.11 For Carpet Cleaning services specifically, by Booking our service you agree to our Services Terms & Conditions set out in the links below.

4. Variations

4.1 If on arrival of the Cleaner who is to provide the Cleaning Services the property is not as described, for example if there is an additional bedroom, study room, living room or bathroom, or the types of the blinds and the number of the blinds are different than described, a Quote variation may be required.

These includes the following:

  • The state of property is not as described
  • Extra cleaning is required for areas which are not included in our services inclusion list.
  • The property is not unfurnished, there are still white goods, furniture and other goods or garbage which need to be disposed of by our cleaners.

In this case, we will contact you and seek your agreement on the variation.

4.2 Once the Quote variation is agreed, we will issue you with an invoice reflective of the variation amount and you agree to pay the variation amount set out in the invoice.

4.3 If you do not agree with any Quote variation, we will not be obliged to perform any Cleaning Services not contemplated by the Quote or invoice and if it is not possible for us to perform the Cleaning Services contemplated by the Quote or invoice, we have the right to cancel the Booking immediately and you agree that we will have no obligation to refund you any amounts paid for the Booking due to holding your space in our schedule.

5. Payment

5.1 You agree to pay us the full Price as specified in the invoice at least 48 hours before the time of your Booking (Booking Date) to secure your Booking Date. All amounts are in Australian dollars and are inclusive of GST (unless otherwise stated).

5.2 You agree to make payment of the Price by direct deposit to our bank account set out in the invoice or by debit/credit card via our payment processor, currently Stripe. Payments by debit/credit card via our payment processor will incur a 1.8% surcharge on the Price.

5.3 If payment cannot be processed via your debit/credit card due to insufficient funds or other issues, we will contact you to organise payment by direct deposit.

5.4 If you make payment by direct deposit, you agree to email your remittance to us at least 48 hours before your Booking Date.

5.5 You agree to pay the invoice in full by the due date outlined in the invoice.

5.6 If we (Servtown) has agreed to invoice you the Customer for payment of fees after the Service has been completed or extra charges required from Quote variation, the Customer agrees to pay in full, all fees due, within 24 hours of the invoice date, unless previous agreement has been agreed upon.

5.7 The Customer agrees that if Servtown has not received payment in full for the Service within three (3) calendar days of the original invoice date, then a late payment of $30 applies for the first week. Interest will then be charged on the fixed rate of 20% each day that any amount remains outstanding thereafter. A debt collection agency may be contracted to recover funds if outstanding fees are not paid.

3.9 For House Cleaning services specifically, you agree and authorise Servtown to charge your credit card on file (Stripe) on the same day once the service has been rendered.

6A. Refunds and Cancellations (End Of Lease Cleaning Services)

6.1 You may cancel or request to reschedule a Booking through the Site or by contacting us.

6.2  If you cancel your Booking with more than 72 hours notice, we will provide you with a  full refund of the Price.

6.3 If you cancel or reschedule a Booking within  72 hours before your Booking Date, you must pay $100 as a cancellation fee (and we will refund you any other amounts you have paid or transfer them to another Booking). You agree that this is a genuine pre-estimate of our losses.

6.4 We reserve the right to cancel the booking and charge a cancellation fee of $100, if

  • We haven’t been given 72 hours cancellation notice
  • There is no  reasonable to access to water and/or electricity or parking spot
  • The property is not ready for service. (i.e the Premise is still furnished, tenants still in the process of moving, removalists are moving boxes, tradesmen are doing renovation, the home is excessively messy)
  • There is no one available to let us inside at the time of service and/or there are no other means of access to the property
  • On arrival of the Cleaner who is to provide the Services, the Premises is deemed a hazardous cleaning situation that goes beyond the standard cleaning environment covered by our cleaning packages and Quote (and the hazardous environment was not disclosed to us in your Booking Request).  Hazardous cleaning situations include but are not limited to a cracked or broken power point, dangerous light fitting or working at heights

6.5 If our cleaning teams arrive at your home and there is a cancellation through no fault of our own, we reserve the right to charge $100 to compensate our cleaners. You agree that this is a genuine pre-estimate of our losses.

6.6  You agree that we cannot guarantee the availability of a specific Cleaner and if the Cleaner you booked becomes unavailable, we may replace them with any Cleaner, at our sole discretion.

6.7 If we cancel a Booking or reschedule a Booking to a time that is not suitable to you (due to no fault on your part), you will be fully reimbursed for any amounts paid to us.

6.8 Subject to your Statutory Rights, if you are not 100% satisfied with the Cleaning Services, you must notify us within 72 hours for End of Lease Cleaning Services (as set out below), and 12 hours for any other cleaning services, and if we agree that the Cleaning Services are not satisfactory, the Cleaner, or any other cleaner, will revisit the Premises to re perform the Cleaning Services. Please note that we only clean areas which are initially covered in your quote.

6B. Refunds and Cancellations (House Cleaning Services)

6.1 You may cancel or request to reschedule a Booking through the Site or by contacting us.

6.2  If you cancel your Booking with more than 48 hours notice, we will provide you with a  full refund of the Price.

6.3 If you cancel or reschedule a Booking within 48 hours before your Booking Date, you must pay $50 as a cancellation fee (and we will refund you any other amounts you have paid or transfer them to another Booking). You agree that this is a genuine pre-estimate of our losses.

6.4 We reserve the right to cancel the booking and charge a cancellation fee of $100, if

  • There is no one available to let us inside at the time of service and/or there are no other means of access to the property
  • On arrival of the Cleaner who is to provide the Services, the Premises is deemed a hazardous cleaning situation that goes beyond the standard cleaning environment covered by our cleaning packages and Quote (and the hazardous environment was not disclosed to us in your Booking Request).  Hazardous cleaning situations include but are not limited to a cracked or broken power point, dangerous light fitting or working at heights.

6.5 If our cleaning teams arrive at your home and there is a cancellation through no fault of our own, we reserve the right to charge $100 to compensate our cleaners. You agree that this is a genuine pre-estimate of our losses.

6C. Refunds and Cancellations (Carpet Steam Cleaning Service & Other Cleaning Services)

6.1 You may cancel or request to reschedule a Booking through the Site or by contacting us.

6.2  If you cancel your Booking with more than 48 hours notice, we will provide you with a  full refund of the Price.

6.3 If you cancel or reschedule a Booking within 48 hours before your Booking Date, you must pay $100 as a cancellation fee (and we will refund you any other amounts you have paid or transfer them to another Booking). You agree that this is a genuine pre-estimate of our losses.

6.4 We reserve the right to cancel the booking and charge a cancellation fee of $100, if

  • Our team could face health or safety concerns
  • We haven’t been given 48 hours cancellation notice
  • There is no reasonable to access to water and/or electricity or parking spot
  • There is no one available to let us inside at the time of service and/or there are no other means of access to the property

6.5 If our cleaning teams arrive at the specified property and there is a cancellation through no fault of our own, we reserve the right to charge $100 as a minimum callout fee. You agree that this is a genuine pre-estimate of our losses.

7. Free 72-Hour Reclean Services (Only applicable to End of Lease Cleaning Services)

7.1 Our end of lease cleaning services come with a Free 72-hour reclean complimentary services meaning we will return (at our cost) to the Premises to rectify any cleaning issues raised by the real estate agent / property manager if he or she is unhappy with the cleaning services performed during the final inspection.

7.2 This Free Reclean services is valid for 72 hours from the completion of your Booking for end of lease Cleaning Services.

7.3 To claim the benefit of this Free Reclean services:
(a) you must notify us by emailing support@servtown.com.au to request a re-clean within 72 hours of the Booking being completed; and
(b) the real estate agent / property manager must provide us with a report listing the problems which require a re-clean, with images provided (Report).

7.4 A re-clean will only address the problems listed in the Report that were covered in your initial Quote.

7.5 Once we receive the Report, we will reschedule the Booking within 24-48 hours.

7.6  Once we have provided the reclean, if we have not heard from the real estate agent / property manager within 24 hours, we will consider that the re-clean has addressed any issues under the Report and the reclean will be deemed to be complete.

7.7 To the maximum extent permitted by law, this Free Reclean services does not cover, and we will have no Liability, and you waive and release from any Liability, in relation to:

(a) natural events that occur over time including but not limited to settled dust, water marks and any dead insects which only happen after the Cleaning Services were rendered. This is because empty premises are susceptible to accumulated dust and dead insects, hence we do not guarantee a re-clean for such events;
(b) any act of God or force majeure event (including but not limited to war, riot, invasion, act of terrorism, pandemic, contamination, government-imposed restrictions, earthquake, floor, fire, or other natural disaster or circumstance beyond our reasonable control);
(c) Bookings where you do not provide us with access to electricity and running water; and
(d) Bookings where you have not emptied the Premises of all possessions prior to the commencement of the Booking, including all personal belongings, furniture and electrical appliances.

(e)Problem areas which are not fixable. We will let you know during the initial inspection of the premises or after a cleaning attempt has been made. These areas including but not limited to:

  • permanent carpet stains
  • permanent hard water stains
  • permanent wall marks
  • mould
  • rusting
  • old grease stains
  • tile and natural rock stains

(f) Any pre-existing damage caused by the tenant which resulted in any bond deductions.

7.8 Please view our bond cleaning exclusion list here.

8. Your Obligations

You agree:

(a) to comply with this Agreement, our reasonable requests or requirements, and all applicable Laws;

(b) to provide all assistance, information, documentation, access, facilities, authorities, consents, licences and permissions reasonably necessary to enable us to comply with our obligations under this Agreement or at Law;

(c) to provide your appointed Cleaner with access to the Premises (and the facilities at the Premises) reasonably necessary for the Cleaner to provide the Cleaning Services detailed in the Quote, free from harm or risk to health or safety;

(d) not to engage a Cleaner for Cleaning Services other than through our Site;

(e) to leave your key in a safe and secure location as set out in your Booking Request if you choose not to be at home when the Cleaner arrives;

(f) that a key collection location may be agreed upon with the cleaner in writing (SMS or email) and may be subject to additional charges depending how far the key pickup location is from the Premises;

(g) that unless otherwise agreed with us in a Quote, the Cleaning Services are not end of lease Cleaning Services and although the Cleaning Services will be of an acceptable quality, they will not be of the nature of an end of lease clean;

(h) that if the property is not accessible by key or the Cleaner is unable to enter at the agreed time, you agree to pay us a $40 per hour non-access fee up to the full amount of the total cost of the job;

(i) it is your responsibility to be contactable at all times and especially 1 hour prior to the agreed start time of your Booking. If for any reason we need to contact you and are unable to, we will continue the job using reasonable endeavors. If you are not contactable and we cannot complete a job without speaking to you first, this may result in the Booking being incomplete and will void any Bond Back Guarantee. In the event we are required to return to your Premises to complete the Booking, a return fee will apply based on the number of hours the Cleaner is required at the Premises.

(j) to provide our Cleaners with unobstructed access to all areas of the Premises that requires service;

(k) that certain items will be subjected to wear and tear, and some items may be unable to be cleaned thoroughly due to long-term buildup of grime;

(l) to allow photos to be taken of the Premises, before, during and at the end of each Booking. These images will be used strictly for the purpose of quality assurance and recording the condition of the Premises before and after the Cleaning Services have been rendered;

(m) that for any end of lease Cleaning Services, you must provide our Cleaners access to electricity and running water during your Booking. If these utilities are not available at the Premises, our Cleaners will do their best to clean the place, however the Bond Back Guarantee will not be apply; and

(n) that for any end of lease Cleaning Services, you must ensure the Premises is emptied before the commencement of the Booking, including all personal belongings, furniture and electrical appliances.

9. Our obligations

We agree to:
(a) provide the Cleaning Services with acceptable care and skill; and
(b) take all reasonable steps to avoid any loss or damage to your Premises and property.

10. Claims

10.1 You must notify us in writing of any property damage you believe the Cleaner has caused during the course of providing the Cleaning Services (including breakage, damage or theft) within 24 hours of us completing the Services to which the Liability relates by sending an email to support@servetown.com.au. If you do not notify us within 24 hours from the date of the incident, you release us from any Liability for such property damage.

10.2 Any damages claims will be subject to proof being provided by either party that the damage was caused by the Cleaner during the Booking.

10.3 You agree to waive any right of claim against us for any incidental costs incurred, including but not limited to, rent payable and or loss of bond monies applied arising from the Cleaning Service.

10.4 Our cleaners shall not be responsible for any existing damage to item(s) or property that can not be restored or repaired with our regular cleaning and restoration methods.

11. Complaints

11.1 If you wish to make a complaint about the Cleaning Services, please contact us by email at support@servtown.com.au within 24 hours of us completing the Booking.

11.2 Your complaint must include your name, contact number, the date of the complaint and a detailed explanation of the complaint including any relevant documentation, notes and photos and the resolution you would like.

11.3 You acknowledge that if you do not follow our complaints procedure, we may, in our sole discretion, dismiss the complaint and/or take no further action.

11.4 If you are satisfied with our proposed actions or remedies, the complaint will be marked as resolved and the findings will be recorded to improve our existing services.

11.5 If you are not satisfied with our proposed actions or remedies, we will record this and either Party may take further action in accordance with clause 18.5.

12. Content

12.1 We may allow you to (1) post, upload, publish, send or receive relevant content and information (User Content) on or through our Site; and/or (2) access and view User Content and the content and information we make available on the Site, including blog posts (ServTown Content and together with User Content, Content).

12.2 Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content.

12.3 You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by this Agreement, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any intellectual property rights connected with our Site, including by altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.

12.4 Subject to your compliance with this Agreement, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site on your personal device(s) and access and view any Content solely for your personal and non-commercial use, in accordance with this Agreement. All other uses are prohibited without our prior written consent.

12.5 You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to provide the Site and promote the Site in any media or promotional material.

12.6 You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by this Agreement; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

12.7 Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Site, including as a result of an intellectual property breach.

12.8 The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

13. Warranties

You represent, warrant and agree that:

(a) there are no legal restrictions preventing you from entering into this Agreement;

(b) all information and documentation that you provide to us in connection with this Agreement is true, correct and complete; and

(c) you have not relied on any representations or warranties made by us in relation to the Services (including as to whether the Cleaning Services are or will be fit or suitable for your particular purposes), unless expressly stipulated in this Agreement.

14. Australian Consumer Law

14.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

14.2 If the ACL applies to you as a consumer, nothing in this Agreement excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Cleaning Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and this Agreement.

14.3 Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Cleaning Services) are provided to you without warranties of any kind, either express or implied, whether in statute, at Law or on any other basis.

14.4 This clause will survive the termination or expiry of this Agreement.

15. Exclusions to liability

15.1 Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
(a) your or your Personnel’s acts or omissions;
(b) any works, services, goods, materials or items which do not form part of the Cleaning Services (as expressed in this Agreement), or which have not been provided by us;
(c) any Third Party Inputs;
(d) the Cleaning Services being unavailable, or any delay in us providing the Cleaning Services to you, for whatever reason; and/or
(e) any event outside of our reasonable control.

15.2 This clause 15 will survive the termination or expiry of this Agreement.

16. Limitations on liability

16.1 Despite anything to the contrary, to the maximum extent permitted by law:
(a) neither Party will be liable for Consequential Loss;
(b) a Party’s liability for any Liability under this Agreement will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel); and
(c) our aggregate liability for any Liability arising from or in connection with this Agreement will be limited to us resupplying the Cleaning Services to you or, in our sole discretion, to us repaying you the amount of the Price paid by you to us in respect of the supply of the relevant Cleaning Services to which the Liability relates.

16.2 This clause will survive the termination or expiry of this Agreement.

17. Termination

17.1 This Agreement will terminate immediately upon written notice by:
(a) us, if:
(1) you (or any of your Personnel) breach any provision of this Agreement and that breach has not been remedied within 5 Business Days of being notified by us;
(2) you fail to provide us with clear or timely instructions or information to enable us to provide the Cleaning Services;
(3) if we receive complaints from Cleaners about your Premises, your behaviour or the Cleaning Services they are requested to perform;
(4) for any other reason outside our control which has the effect of compromising our ability to provide the Cleaning Services; or
(5) you are unable to pay your debts as they fall due; and

(b) you, if we:
(1) are in breach of a material term of this Agreement, and that breach has not been remedied within 5 Business Days of being notified by you; or
(2) are unable to pay our debts as they fall due.

17.2 Upon expiry or termination of this Agreement:
(a) we will immediately cease providing the Cleaning Services;
(b) you are to pay for all Cleaning Services provided prior to termination, including Services which have been provided and have not yet been paid by you, and all other amounts due and payable under this Agreement. You agree we have the right to deduct any such outstanding amounts owing to us from your payment method; and
(c) pursuant to clauses 17.1(a)(1), (2) or (5), you also agree to pay us our additional costs arising from, or in connection with, such termination.

17.3 Unless otherwise agreed between the Parties, if this Agreement is terminated, then any current Quote will also terminate on the date of termination.

17.4 Termination of this Agreement will not affect any rights or liabilities that a Party has accrued under it.

17.5 This clause will survive the termination or expiry of this Agreement.

18. General

18.1 GST: If and when applicable, GST payable on the Price will be set out in the Quote. You agree to pay the GST amount at the same time you pay the Price.

18.2 Amendment: This Agreement may only be amended by written instrument executed by the Parties.

18.3 Assignment: A Party must not assign or deal with the whole or any part of its rights or obligations under this Agreement without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

18.4 Counterparts: This Agreement may be executed in any number of counterparts that together will form one instrument.

18.5 Disputes: A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, this Agreement (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

18.6 Entire agreement: This Agreement contains the entire understanding between the Parties, and supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

18.7 Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to this Agreement and their obligations under it.

18.8 Force Majeure: We will not be liable for any delay or failure to perform our obligations under this Agreement if such delay is due to any circumstance beyond our reasonable control.

18.9 Governing law: This Agreement is governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

18.10 Notices: Any notice given under this Agreement must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

18.11 Relationship of Parties: This Agreement is not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

18.12 Severance: If a provision of this Agreement is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from this Agreement without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Agreement.

19. Definitions

In this Agreement, unless the context otherwise requires:

ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.

Agreement means these terms and conditions and any agreed Quote issued under it and any documents attached to, or referred to in, each of them.

Business Day means a day on which banks are open for general banking business in New South Wales, excluding Saturdays, Sundays and public holidays.

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of

savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any person with the authority to bind the relevant Party in connection with this Agreement or the provision of the Services.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents. Our Personnel includes all Cleaners.

Price means the price set out in the Quote.

Statutory Rights has the meaning given in clause 10.1.

Third Party Inputs means third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Services may be contingent on, or impacted by.

20. Interpretation

In this Agreement, unless the context otherwise requires:
(a) a reference to this Agreement or any other document includes the document, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time;
(b) a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time;
(c) a reference to a natural person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity and vice versa;
(d) no clause will be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it;
(e) a reference to a party (including a Party) to a document includes that party’s executors, administrators, successors, permitted assigns and persons substituted by novation from time to time;
(f) a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally;
(g) a reference to time is to local time in New South Wales; and
(h) a reference to $ or dollars refers to the currency of Australia from time to time.