Strived Facilities Management trading as RestCleanly (ABN 40 619 913 601) (“RestCleanly”) operates an online website at restcleanly.com.au through which Customers can book Businesses for Services.
The Businesses are independent services providers which are registered with RestCleanly to provide the Services. The Customer acknowledges that RestCleanly does not provide the Services and the Services are provided by Businesses that are not employed by RestCleanly or any of its affiliates. RestCleanly may receive and confirm Customer’s requests for the Services, accept payments, and issue receipts or tax invoices on behalf of the Businesses.
Customer enters into two contractual relationships, the first contract being with RestCleanly, governing the Customer’s access to and use of the website RestCleanly.com.au (“Terms of Service”) and the second contract being this contract between a Business and the Customer for the provision of the Services, and with RestCleanly as an online Website in respect of the Services (“Agreement”).
By making a Booking, the Customer acknowledges that it has read, understood and agrees to be bound by this Agreement and that the Services are provided by the Business pursuant to this Agreement. By accepting a Booking and providing the Service the Business acknowledges that it has read, understood and agrees to be bound by this Agreement.
AND THE PARTIES AGREE:
1. DEFINITIONS AND INTERPRETATION
a. In the interpretation of this Agreement the following words shall have the following meanings unless the contrary intention is indicated.
i. “Agreement” means this agreement together with any schedules or annexures hereto, which may be amended from time to time in writing, as agreed to by the Parties;
ii. “Annexure” means the email received by the Customer confirming the Booking or the email received by the Business confirming its acceptance of the Booking acting as an annexure to this Agreement;
iii. “Booked Services” means the Services to be undertaken by the Business as defined in the Annexure;
iv. “Booked Service Location” means the address where the Booked Services are to be carried out as identified in the Annexure;
v. “Booking” means the reservation made via the Website for the Services to be carried out at the Scheduled Time and Booked Service Location for the Booked Service Duration;
vi. “Booked Service Duration” means the amount of hours that the Customer has booked the services of the Business as identified in the Annexure;
vii. “Business” means the person or entity named as such in the Annexure and includes the employees or contractors performing Services on behalf of the Business;
viii. “Claim” shall mean any and all present and future claims, actions, demands and rights howsoever arising out of, or in connection with the Services, including any claim for damages, complaint, action, suit, cause of action or proceedings, arbitration, debt due, cost and expense (including legal cost and expense), demand, verdict or judgment arising out of any provisions under statute, award, order or determination whether or not known at the date of this Agreement;
ix. “Customer” means the person or entity named as such in the Annexure;
x. “Dollar” or “$” means Australian Dollars;
xi. “Estimate” has the meaning set out in clause 2;
xii. “Revised Estimate” has the meaning set out in clause 2;
xiii. “Scheduled Time” means the time and date the Services are to be undertaken by the Business as identified in the Annexure;
xiv. “Services” means the Services to be provided to the Customer by the Business in accordance with this Agreement; and
xv. “Service Fee” means the total fee payable for the provision of the Services as advised by RestCleanly from time to time;
xvi. “Website” means restcleanly.com.au
xvii. “Re-Clean” means a Business will perform the Service again at the Booked Service Location.
b. In this Agreement, unless the context otherwise requires:-
i. headings are for convenience only and do not affect the interpretation of this Agreement;
ii. words importing the singular include the plural and vice versa;
iii. words importing a gender include any gender;
iv. an expression importing a natural person includes any entity, partnership, joint venture, association, corporation and any Governmental Agency;
v. a reference to a ‘Party’, ‘Plaintiff’ and/or ‘Defendant’ collectively refers to the respective entity and, without limitation, its directors, officers, members, employees and agents;
vi. a reference to anything (including, but not limited to, any right) includes a part of that thing;
vii. a reference to a part, clause, party, annexure, exhibit or schedule is a reference to a part and clause of, and a party, annexure, exhibit and schedule to, this Agreement and a reference to this Agreement includes any annexure, exhibit or schedule;
viii. reference to a statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws amending, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued under that statute.
ix. a reference to a document includes all amendments or supplements to, or replacements or notations of, that document;
x. no provision of this Agreement will be construed adversely to a party solely on the ground that the party was responsible for the preparation of this Agreement or that provision; and
xi. a covenant of Agreement on the part of two or more persons binds them jointly and severally.
a. The Customer has made a Booking and agreed to pay the Service Fee through the Website.
b. The Business confirms it is able to comply with the Booking, including the provision of Services at the Scheduled Time and Booked Service Location.
c. The Customer acknowledges and agrees that the price quoted for the Booking is an estimate only (“Estimate”), and the actual price charged may vary depending on the type and scope of work/services needed.
d. After the Business has arrived at the Customer’s home/premises, the Business will further assess the problem or work to be performed. If the Business determines that the work required is greater than what was initially contemplated, the Business will advise the Customer and generate a new estimate reflecting the increase in scope of the Services (the “Revised Estimate”).
e. If the Customer approves the Revised Estimate, the Business will complete the work.
f. If the Customer does not approve the Revised Estimate, the Business will take reasonable efforts to complete some or all of the work specified on the original Estimate, the pricing for which the Customer had previously agreed to, or, if the Business is unable to do so, the Booking shall be deemed cancelled.
3. BUSINESS OBLIGATIONS
a. In providing the Services to the Customer, the Business shall:
i. undertake the Services with acceptable care and skill;
ii. take all necessary steps to avoid any loss of and/or damage to the Customer’s property;
iii. deliver the Services in a manner, to the greatest extent possible, which gives the desired results as agreed by the Parties;
iv. utilise the Booked Service Duration effectively and efficiently in providing the Services; and
v. deliver the Services in accordance with the Booked Services.
b. The Services will be deemed to have been performed and accepted in accordance with this Agreement. If the Customer is not satisfied, it may, as soon as practicable but no later than 24 hours after the completion of the Services, advise RestCleanly that the Services were not performed to an acceptable standard.
c. If the Business has performed the Services unsatisfactorily, the Business agrees to return to the Booked Service Location and complete the Services to an acceptable standard at a time arranged between the Customer and the Business with assistance from RestCleanly.
d. If for any reason, the Business leaves the Booked Service Location prior to the scheduled end of the Booked Service Duration, the Business must notify RestCleanly as soon as is practical.
e. If the Business does not complete the Services within the Booked Service Duration, it must notify RestCleanly immediately that the Services were not completed and the reason for non-completion. The parties, with assistance from RestCleanly, will determine whether the Booking should be extended, at no charge to the Customer or a new Booking should be made. If the Parties cannot agree, the Business should leave the Booked Service Location at the scheduled end of the Booked Service Duration. If it is determined that a new Booking should be made, the parties will work with RestCleanly to organise a new Scheduled Time for the Booking.
f. Statutory entitlements of the Customer against the Business over and above the right to a resupply of the Services remain unaffected.
g. The Business should only provide all Cleaning Products unless the Customer has chosen the (“Vacuum + Mop $3”) add-on to the Booking, which the Business will provide all Cleaning Products and Equipment.
h. The Business must comply with all terms as set out in the Agreement for Services between RestCleanly and the Business.
4. CUSTOMER’S OBLIGATIONS
a. The Customer shall do all things necessary to enable the Business to efficiently perform the Services in accordance with the Booking.
b. The Customer shall do all things necessary to provide a safe workplace for the Business.
c. The Customer acknowledges that if more than one person provides the Services under the Booking, the Booked Service Duration will be divided by the number of persons providing the Services. For example, if the Booked Service Duration of a Booking is two (2) hours and the Business provides a team of two (2) persons to provide the Cleaning Services under the Booking, the Booked Service Duration will be divided by the number of persons in the team providing the Services (so in this example, the Booked Service Duration will be reduced from 2 hours to 1 hour).
d. The Customer must provide the Business with access details to the Booked Service Location.
e. The Customer should notify RestCleanly of any damage caused by the Business to the Customer’s property as soon as practical, but no later than 24 hours after the completion of the Services.
a. By making a Booking, the Customer consents to and authorises RestCleanly to deduct the Service Fee on behalf of the Business from its nominated payment method in accordance with the Terms.
b. RestCleanly will issue the Customer with a receipt for the Services.
c. Upon request, the Customer will be issued with a Tax Invoice for the Services.
d. 24 hours before the first Booking’s Scheduled Time, RestCleanly will place a hold on the Customer’s nominated payment method. This hold is not a charge.
e. At the time of the first Booking, the Customer’s payment details will be transferred to RestCleanly’s secure gateway and RestCleanly will facilitate the automatic debit of the Service Fee to the Customer’s nominated payment method in accordance with the Terms of Service for the Services rendered by the Business.
f. If the Customer makes a recurring Booking, the Customer’s payment details will be transferred to RestCleanly’s secure payment gateway. 24 hours prior to the scheduled Services in the recurring booking, RestCleanly will facilitate the payment for the Services. The Customer must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto the Customer.
g. Upon completion of each Booking, RestCleanly will charge the Customer’s nominated payment method.
6. CHANGES AND CANCELLATIONS
a. The Customer can cancel or amend a Booking free of charge, up to 24 hours before the Scheduled Time.
b. If the Customer cancels or amends a Booking within 24 hours before the Scheduled Time, they will have to pay cancellation costs equivalent to the value of the Booking itself.
c. The Booking cannot be amended, extended or cancelled during the performance of the Services, unless a determination has been made pursuant to clause 3e.
d. The Customer acknowledges and agrees that if the Business is unable for any reason to perform the Services, the Services may be performed by another Business pursuant to the Terms of Service.
a. Should the Customer be entitled to a refund as a result of a breach of this Agreement by the Business, the refund will be limited to the amount paid by way of Service Fee.
b. Please note that refunds are not offered prior to a Re-Clean being accepted. If the Customer is unsatisfied with the Service, the Customer must contact RestCleanly with 48 hours of the Booking. RestCleanly recommends providing photos of any unsatisfactory areas. The Business will offer a Re-Clean ASAP and if the Customer is unsatisfied, up to a full refund will be considered depending on the circumstances.
a. Party can immediately terminate this Agreement, if the other Party breaches any material term of this Agreement.
b. If the Booking is cancelled in accordance with clause 7a, 7b or 7d above, this Agreement is simultaneously terminated.
c. This Agreement shall terminate immediately once both Parties have fulfilled their obligations under this Agreement.
9. NON SOLICITATION
a. The Business has agreed with RestCleanly that it will not, by direct arrangement with the Customer without the involvement of RestCleanly, (unless otherwise agreed in writing by RestCleanly) accept any appointment or engagement with, or otherwise render any services to the Customer or to any related entity of the Customer at any time from the date of this Agreement and for a period of twelve months following the termination of the Business’s services with RestCleanly.
b. The Customer agrees that it will not, by direct arrangement with the Business without the involvement of RestCleanly, accept any appointment or engagement with, or otherwise engage the services of the Business or a related entity of the Business at any time from the date of this Agreement and for a period of twelve months following the termination of the Business’s services with RestCleanly.
10. GENERAL PROVISIONS
a. Time is of the essence in the performance by the Parties of their obligations under this Agreement.
b. This Agreement must not be amended except by an instrument in writing signed by each of the Parties to this Agreement.
c. The Parties acknowledge that this Agreement constitutes the entire Agreement and understanding of and between the Parties and that there are no other representations, promises, warranties, covenants, undertakings, terms or conditions, whether oral or in writing, in relation to the subject matter of this Agreement of any force or effect unless contained in this Agreement.
d. All notices, demands and other communications between the Parties for the purposes of this Agreement shall be in writing and addressed to the Party’s address stipulated in this Agreement.
e. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.
f. This Agreement may be executed in any number of counterparts and all such counterparts when executed and taken together will constitute this Agreement.
g. No right under this Agreement is deemed to be waived except by notice in writing to that effect signed by each party.
h. No waiver by any party to this Agreement of a breach by any other party shall be construed as a waiver of any subsequent breach.
i. This Agreement shall be governed by and construed in accordance with the laws of Victoria and the Parties agree to submit to the non-exclusive jurisdiction of the Courts of Victoria.