TERMS OF SERVICE
The Naturally Clean Co (A.B.N. 13 634 481 324) (“TNCC”) operates an online platform at www.thenaturallycleanco.com.au (the “Website”) through which customers (“Users”) can book TNCC for the provision of domestic services and commercial services (“Cleaning services”), by submitting a Booking Request. TNCC then from their pool employees matches the best cleaner for you. This could be based on experience, location or a number of other factors. TNCC may occasionally engage a cleaning subcontractor or other cleaning business to provide services until we have the capacity to use our own employees.
The User enters into two contractual relationships. The first contract being with TNCC, governing the access to and use of the Website in accordance with the terms and conditions of this Agreement. The second contract is with the Business for the provision of the Cleaning services (“Cleaning Agreement”) where TNCC and the business for the provision of domestic services may be the same entity.
AND THE PARTIES HEREBY AGREE:
Access to and use of the Website is subject to the terms and conditions outlined in this agreement (the “Terms”).
- Definitions and Interpretation
1.1. In these Terms (including the recitals), unless the context otherwise requires:
“Booking” means the booking made by you on the Website for the provision of Domestic services;
“Booking System” means the online system which enables you to make a Booking;
“Cleaning Fee” means the fee (inclusive of goods and service tax, if applicable) for the Domestic services charged on an hourly basis or flat price, as advised by TNCC from time to time;
“Intellectual Property Rights” means all present and future rights anywhere in the world in relation to copyright, trademarks, designs, patents or other proprietary rights, or any rights to registration of such rights whether existing before or after your access to the Website;
“Payment Amount” means the amount that you are required to pay for the Cleaning services under your Booking;
“Site Content” means all material, content and information made available on the Website including but not limited to written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression;
“you”, “your” means you as the user of the Website.
1.2 In these Terms, unless the context otherwise requires:
(a) headings are for convenience only and do not affect its interpretation or construction;
(b) the singular includes the plural and vice versa;
(c) references to recitals, clauses, subclauses, paragraphs, annexures or schedules are references to recitals, clauses, subclauses, paragraphs, annexures and schedules of or to these Terms;
(d) words importing a gender include other genders;
(e) the word “person” means a natural person and any association, body or entity whether incorporated or not;
(f) where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
(g) a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
(h) all monetary amounts are in Australian currency;
(i) a reference to time refers to Australian Eastern Standard Time;
(j) “includes” is not a word of limitation;
(k) no rule of construction applies to the disadvantage of a party because these Terms are prepared by (or on behalf of) that party;
(l) a reference to any thing is a reference to the whole and each part of it;
(m) a reference to a group of persons is a reference to all of them collectively and to each of them individually; and
(n) a reference to a document includes all amendments or supplements to, or replacements or novations of, that document.
- Terms and Conditions
2.1. Access to and use of this Website is governed by these Terms.
2.2. TNCC periodically reviews the Terms and reserves the right to change the Terms, without any notice to you, by updating this document. You should review this document, as available on the Website, regularly as any changes to the Terms take immediate effect from the date of the publication on this document. Your continued use of the Website after any such changes are made will be deemed to constitute your acceptance of those changes.
2.3. You acknowledge that any hyperlinks or other redirection tools taking you to other operated by third parties that appear on the Website (“Third Party Sites”) are not controlled by TNCC and do not form part of the Website. You agree that you will not hold TNCC liable or in any way accountable for anything that occurs on any Third Party Site.
3.1. In order to use this Website and make a Booking, you must first agree to the Terms.
3.2. You accept the Terms by:
(a) creating a User Profile; and
(b) clicking to accept/agree to the Terms; or
(c) making a booking via telephone, email or text message which results in a user profile being created on your behalf via our website
3.3. Notwithstanding clause 3.2, you may not accept the Terms or access the Website if:
(a) you are not of legal age to form a binding contract with TNCC; or
(b) you are a person barred from entering into contracts under legislation,
in which case, you must immediately leave the Website.
3.4. By accepting the Terms, you agree that this is clear and unequivocal proof that the Terms are not unconscionable, that there is no unfair bargaining power or position, that there is no duress, and that you have carefully read and understood the Terms.
3.5. If you do not understand any part of the Terms you should seek independent legal advice.
- User Profile
4.1. You will be required to register your personal information, including your name, address, phone number and payment details on the Website in order to make a Booking (“User Profile”).
4.2. You will be issued with a username and password which are linked to your User Profile. The username and password are personal to you and are not transferable. You are responsible for all information posted on or transmitted via the Booking System by anyone using your username and password and any payments due for the Domestic services acquired through the Booking System by anyone using your username and password. You should notify us of any breach of security of your username and password immediately.
4.3. TNCC may delete or block User Profiles at its own discretion. Blocked users are prohibited from setting up a new User Profile.
- Booking System
5.1. To make a Booking you must login to your User Profile and use the Booking System to request a Booking. There is a minimum two (2) hour duration for hourly bookings and a minimum of one bathroom for flat priced bookings. You will receive a Booking request confirmation receipt from TNCC after submitting your Booking request.
5.2. TNCC will then make your contact details, location, requested time and the scope of the Domestic Service available to their employees and if required business network. Once we have confirmation that the job can be allocated as per the booking request we’ll confirm with you.
5.3. You are able to select a preferred employee. TNCC will take your preference into account when facilitating the Domestic Service, however a specific employee or Business cannot be guaranteed.
5.4. When a Booking is confirmed, we, will issue you with an acceptance email and attach the Cleaning Agreement that constitutes the relationship between you and the Business for the provision of the Domestic services.
5.5. If the requested Booking cannot be facilitated, TNCC will arrange an alternative time for the Domestic Service with you.
5.6. You are not permitted to engage the Domestic services of a Business other than through the Booking System on the Website or directly with TNCC via email, text message, phone or other messaging services.
5.7. The Booking System is provided on the Website to enable you to make legitimate Bookings and to make payments for those Bookings, and for no other purposes.
5.8. You confirm that you are at least 18 years of age and possess the legal authority to use the Booking System in accordance with these Terms. You also agree that all information supplied by you in using the Website and the Booking System will be true and accurate at all times.
5.9. Any speculative, false or fraudulent Booking is prohibited. You agree that the Booking System will only be used to make legitimate Bookings for you or another person for whom you are legally authorised to act. You acknowledge that abuse of the Booking System may result in you being denied access to the Booking System.
5.10. TNCC has the right at any time to add, change or withdraw functions available on the Website at its own discretion.
6.1. You agree that at the time of Booking, your payment details will be transferred to the Naturally Clean Co’s secure payment gateway, unless you are paying by cash or EFT. TNCC may check the availability of funds on your nominated payment method to ensure sufficient funds are available.
6.2. Upon the successful completion of your Domestic Service, you agree to the automatic debit of the Payment Amount to your nominated payment method. You 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 you.
6.3. If you choose to pay by cash or EFT, TNCC will issue you with an invoice with the job details and the payment terms of 7 days.
6.5 Late Payments, If for any reason your payment does not go through by 7 days of the service being completed, you will be sent a Quickbooks reminder for the invoice to be paid. If you don’t pay the account within 7 days of the reminder you agree to pay a late fee of $5 per week or part thereof. If your account is still not paid after 2 weeks (21 days past the original due date), it will be sent to collections. By using the services of TNCC, you agree to pay a late fee as well as any fees associated with the collection of the debt.
- Changes and Cancellations
7.1. You can cancel or amend (including rescheduling) a Booking on the Website, free of charge, by 5pm on the day before the Cleaning Service is scheduled to begin.
7.2. If you cancel or amend (including rescheduling) a booking from 5pm on the day before the cleaning service is scheduled to begin, you will have to pay cancellation costs equivalent to 50% off the pre-tax total. If our crew arrive and through no fault of their own, the job is cancelled, we reserve the right to charge 50% of the quoted pre-tax job price.
7.2.1 We go to great lengths to organise the schedule of our cleaning teams. If our cleaners reach your home and are unable to gain access, and you have not cancelled the appointment we reserve the right to charge 50% of the total cost of the invoice. This is due to the fact that our teams will lose part of their income and this is to cover costs of reimbursement, travel and a holding fee for the space your booking took up in our schedule.
7.3. You cannot amend (including reschedule), extend or cancel a Booking during the performance of the Services without the consent of the cleaning team’s manager.
7.4. The Cleaning Agreement shall expire once the Domestic services under the Booking have been performed.
7.5. If we are unable to fulfil a confirmed Booking (in full or part), we will attempt to reschedule your Booking to a new time that suits you. If we cannot find a suitable time for you, you may cancel the Booking at no charge.
- Cleaning services
8.1. All bookings are subject to our availability.
8.2 Our service provision is guided by a specific service based outcome. By booking our service you acknowledge that there are differences between our Hourly, Get your Morning Back, Reclaim your day and Set your weekend free services and that such services cannot be booked in place of another.
8.3 By booking our service you also agree that the following are extra services that require specific selection upon booking and are not apart of our standard service agreement, they include the cleaning of light fixtures, blinds, curtains, ceilings, walls, carpet steam cleaning, excessive grout cleaning, inside cupboards, exterior and interior windows, balcony, oven and fridge cleaning, deck cleaning and others listed under ‘Optional Extras’ at https://www.thenaturallycleanco.com.au/pricing/.
8.4 We will not provide any refunds or discounts for services rendered whereby a service was assumed to be included but was not completed due to not having been booked. We will also not consider a complaint, where a service was assumed to be included but was not completed due to not having been booked.
8.8 Moving heavy furniture, fixtures or gym equipment over sensitive natural stone, wood or tiled floors will be assessed by our team on a house by house basis. If there is a risk of damage to your floor, fixture or surfaces then we reserve the right not to move heavy furniture, fixtures or gym equipment. We will not provide any discounts or refunds as a result of the decision to not move furniture if there is a significant risk of damage.
8.9 You agree that threats of legal action or threats to damage our reputation unless we pay you or refund you on the spot for incorrect services booked by you will be taken as libel, blackmail and will be documented and used as evidence in civil action against you.
8.10 Carpet Cleaning, Lounge Cleaning and Rug Cleaning require us to send specialist trained cleaners and the specific equipment required for the task. These services are charged at a rate that includes the provision to dispatch an extra team to deliver the service. Our Carpet Cleaning, Lounge Cleaning and Rug Cleaning services are not intended to replace a service that requires deep stain removal or restoration of the asset nor do we provide flood restoration services. If upon arrival or further investigation we deem you have booked us under false pretences or in error we reserve the right to cancel your booking and charge a call-out fee of $132.
9.1. TNCC may at its discretion terminate your use of, or access to, the Website at any time. If this happens we may notify you by email. If your use of the Website is terminated:
- (a) you are no longer authorised to access the Website or use any other TNCC services with the email address you used to register with the Website or any other email address you possess;
- (b) you will continue to be subject to and bound by all restrictions imposed on you by the Terms; and
- (c) all licences granted by you and all disclaimers by TNCC and limitations of TNCC’s liability set out in the Terms or elsewhere on the Website will survive termination.
9.2. You may terminate this agreement by emailing TNCC at firstname.lastname@example.org. TNCC will disable your User Profile within fourteen (14) days of receipt of the email requesting termination of your User Profile.
9.3. TNCC reserves the right to deduct any outstanding fees and charges owing to TNCC and/or the Business on your User Profile prior to disabling it.
- Dispute Resolution Policy
10.1. TNCC will use reasonable endeavours to mediate any dispute concerning the use of the Website.
10.2. Disputes in relation to the Cleaning Services carried out by a Business or any other issue will be referred, where appropriate, to external dispute resolution services or authorities.
- Security of Payment
11.1. We have taken all practical steps from both a technical and systems perspective to ensure that all of your information is well protected. A secure payment gateway is used to process all transactions and credit card details. TNCC does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.
- 12.2. You agree that TNCC will disclose your personal information, including your name, address and phone number to our cleaners or a subcontracted business in order for us or the Business to carry out the Cleaning services.
- Intellectual Property
13.1. The Site Content is protected by copyright and TNCC reserves all Intellectual Property Rights which may subsist in the Site Content and/or the Website.
13.2. By accepting the Terms, you are granted a non-exclusive licence to:
- (a) view the Website;
- (b) print pages from the Website in its original form; and
- (c) download any material from the Website for caching purposes only.
13.3. You must not, without TNCC’s prior written consent which may be withheld at its absolute discretion:
- (a) copy, republish, reproduce, duplicate or extract Site Content;
- (b) redistribute, sell, rent or licence any Site Content; or
- (c) edit, modify or vary the Site Content.
- Acceptable Use
14.1. You must not use or cause this Website to be used, in any way which:
- (a) breaches any clause of the Terms;
- (b) infringes TNCC’s or any third party’s Intellectual Property Rights;
- (c) is fraudulent, illegal or unlawful; or
- (d) causes impairment of the availability or accessibility of the Website.
14.2 You must not use, or cause this Website to be used, as a medium that stores, hosts, transmits sends or distributes any material which consists of:
- (a) spyware;
- (b) computer viruses;
- (c) Trojans;
- (d) worms;
- (e) keystroke loggers; or
- (f) any other malicious computer software.
- Indemnity and Liability
15.1 General indemnity
You agree to indemnify TNCC on demand, against any claim, action, damage, loss, liability, cost, charge, expense or payment which TNCC may pay, suffer, incur or are liable for, in relation to any act you do or cause to be done, in breach of the Terms.
15.2 General limitation of liability
We will not be liable to you in contract, tort or equity in relation to any direct, indirect or consequential loss you incur in relation to the contents, use or reliance of Site Content or otherwise in connection with the Website.
15.3 Cleaning services Liability
To the extent permitted by law, TNCC will not be responsible and will be excluded from all liability, for any loss or damage whatsoever (including personal injury, loss of life and damage to property) that you or another person may suffer in connection with the offer or supply of (or default in supplying) the Domestic services.
15.4 Information accuracy
You acknowledge and agree that some of the Site Content may be provided by way of blogs or comments made by other users of the Website (i.e. Ratings) and that TNCC does not accept any liability for the accuracy of such information or your reliance on the same. The Site Content is provided to you as general information only and is not intended to substitute or replace the advice of a duly qualified professional (where applicable).
By using this Website, you agree and accept that the indemnity and limitations of liability provided in this clause 16 are reasonable.
- Warranties and Representations
16.1. The use of this Website is at your own risk. The Site Content and everything from the Website is provided to you on an “as is” and “as available” basis without warranty or condition of any kind.
16.2. None of TNCC’s affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors makes any express or implied representation or warranty about the Site Content or Website.
- General Provisions
17.1. Any provision of, or the application of any provision of these Terms which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
17.2. Any provision of, or the application of any provision of these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
17.3. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms.
17.4. These Terms shall be governed by and construed in accordance with the law for the time being applicable to Queensland and you agree to submit to the non-exclusive jurisdiction of the Courts of Queensland.
- Late Arrival
18.1 We have a strict, non-negotiable arrival window of one hour, this is due to any unforeseen circumstances or traffic hiccups that are out of our control.
18.2 If you are requesting a refund or discount due to your cleaner arriving closer to the end of our arrival window, your request will be denied.
18.3 If our arrival window does not suit your circumstances, we compel you to utilise another service provider who may be able to guarantee you an exact arrival time.
18.4 You agree that threats of legal action or threats to damage our reputation unless we pay you or refund you on the spot for perceived lateness within our one-hour arrival window will be taken as libel, blackmail and will be documented and used as evidence in civil action against you.
- Unpaid Services
By using our cleaning services you agree to the following payment terms.
- Unpaid Services:
- Invoices must be paid within 7 days of issue. Failure to do so may incur additional charges which are non-negotiable.
- After 7 days outstanding, a further $5 will be added to the invoice as a late payment fee.
- Any amount that is outstanding beyond a further 7 days will incur a weekly late charge calculated at $5 per week or part thereof.
- In the event where your overdue account is referred to a debt collection agency, lawfirm and or the Queensland Civil and Administrative Tribunal, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs, court costs and other miscellaneous costs associated with the collection of the outstanding payment.
- Invoices must be paid within 7 days of issue. Failure to do so may incur additional charges which are non-negotiable.
- Payment Options
- Cash: We only accept cash for one-off services at our discretion, regular cleaning services must be paid by either of the following payment options:
- Credit/Debit Card: TNCC takes your privacy and security very seriously. Our website employs 128bit encryption and our booking system uses 256bit encryption to ensure all of your personal details are safe and confidential.
- Over the Phone: We accept card details over the phone only if you are a regular/existing customer. We input your information straight into your customer profile, once confirmed it is securely put away and cannot be accessed. Your payment details can be updated at your request.
- Bank Transfer: If you are paying for our services via bank transfer, you must include your invoice. Our bank details can be found on your invoice.
- We will only issue official quotes on a letterhead to jobs we have physically inspected onsite. All other forms of quotation are indicative only and subject to change.
- In the event of a quoting error, we hold the right to void the quote in question and issue a new one.
- Move-In Move Out Services
20.1. Booking A Move In/Move Out or Bond Cleaning Service (MIMOB)
It is imperative that when booking a service, that the customer picks the correct service. Spring cleans or deep cleans or custom hourly services are not to be selected in place of our Move in Move out service or bond cleaning service. MIMOB Hourly rates will be applied and we will work for either the time you specify or until the job is completed. We cannot guarantee the job will be completed if you specify an allotted time. If you require additional cleaning to the time you allocated, this will be changed at the MIMOB hourly rate. Callbacks will incur a $144 minimum charge.
20.2 If a customer books a custom hourly service, spring clean or deep clean when they are moving out from their home, the customer gives us the right to charge the move in/move out cost to them (MIMOB hourly rate x number of labour hours).
20.3 We will let the customer know in advance that we will be charging a move in/move out rate, via email and text message.
20.4 If the customer refuses to pay the excess, the customer gives us the right to cancel the job and charge a non-refundable fee equivalent to one hours work for two cleaners ($144).
20.5 All move out cleans whereby a property has previously been tenanted by the customer are entitled to a bond back guarantee. Meaning we will return to fix areas deemed unacceptable by the real estate if they fall within our checklist and service scope. Our bond back guarantee service provision is not relevant for areas not within our scope and no refunds will be provided for areas deemed unacceptable which are not within our scope of service, these may include, light fixtures, ceilings, inside airconditioning units, turning excessively dark grout white, patching walls or repairing damaged carpets.
20.6 You guarantee that by booking or moving out or end of lease cleaning service, that your property is safe for our service providers, has running hot water and electricity and that there is no furniture within the property. We reserve the right to cancel any work order in which section 20.5 of our terms and conditions is not adhered to.
20.7 Any guarantee of bond back will only apply in the event that you’ve booked a service where we are able to complete the whole job. Engaging TNCC to partially complete a job, or provide assistance to another service provider or individual will not qualify you for a bond back guarantee and any additional work requested will be charged at our MIMOB Hourly Rate.
- Property Damage
21.1 In the event that your property is accidentally damaged by one of our service providers, you guarantee that you will follow our damage claims process.
21.2 You agree that our damage claim process can take upwards of one and a half months to fix or replace a damaged fixture, surface or appliance in your home.
21.3 By booking our service you agree to wait until our insurer or our service provider’s insurer has investigated and completed a claim.
21.4 You also agree, that you will adhere to the best practice required by our insurance provider and that no monetary value will be passed onto you in replacement of an insurance claim by TNCC.
21.5 You agree that threats of legal action or threats to damage our reputation unless we pay you for accidental damage on the spot will be taken as libel, blackmail and will be documented and used as evidence in a civil action against you.
- Our 100% Happiness Guarantee.
22.1 If for any reason you are unhappy with the service you have received, we will come back to rectify the areas deemed unsatisfactory free of charge. If after the re-clean is completed we have not succeeded in our service provision and there is conspicuous proof we will refund your service in its entirety. The conspicuous proof is defined by TNCC as photo evidence with excessive notations.
22.2 We will return free of charge to rectify any areas deemed unsatisfactory if we are notified of your unhappiness within 24 hours of the service being rendered.
22.3 We will return free of charge only within a 7 day period.
22.4 Our 100% satisfaction guarantee does not extend to services booked incorrectly, deep cleans booked as end of lease cleans or cleans whereby through no fault of our own something has gone awry i.e. there was no water at the property and mopping wasn’t done.
22.5 Our 100% satisfaction guarantee DOES NOT entitle you to the following. Free service provision after our 7 day grace period. A monetary payment in lieu of a re-clean within 7 days or free extras in lieu.
22.6 You agree that threats of legal action or threats to damage our reputation unless we pay you for wrongful misinterpretation of our 100% satisfaction guarantee will be taken as libel, blackmail and will be documented and used as evidence in civil action against you.
23.1 A lot of effort goes into ensuring the cleaners who are employed or subcontracted to TNCC are great cleaners. You acknowledge that it is important for TNCC to protect our business so that we can continue to provide this service in the future. For this reason, you acknowledge that if you book a cleaner who you have found through TNCC outside our booking platform you will cause us a loss.
23.1 You agree that if you hire a cleaner you have found through TNCC directly, without our written consent, you will pay us an amount calculated as your monthly cleaning fee multiplied by six (6) or $1,800, whichever is the greater, as a liquidated debt.
24. HOARDING & HAZARDOUS CONDITION POLICY
If your property is deemed a hazardous cleaning situation that goes over and above our normal cleaning environment that is covered by our cleaning packages, our cleaning teams have the right to walk away. Upon such a service, you will be charged a $44 booking fee due to holding your space in our schedule.
25. Gift Card
25.1 All gift cards will be honoured for up to 36 months (3 years) from the date of purchase. Gift cards, Ecards, and Gift Card codes can only be used as a means of payment for services that would normally be paid for through our website to the value of which the gift card contains. If the service you choose is a higher value than what is available on your gift card balance you will be required to pay the difference. Any remaining balance will remain on the gift card. Normal booking availability is subject to our availability. We recommend and encourage booking with us with as much notice as possible to ensure we’re able to serve you when you desire.
Gift Cards cannot be exchanged for another denomination or tender (i.e. cash). We are not responsible for and are unable to replace Gift Cards that are lost or stolen.
Once submitted via the Website, Orders cannot be cancelled unless required by law. We reserve the right to cancel an Order if it is deemed by us to be fraudulent or possibly fraudulent.
You warrant that you have obtained the consent of all Recipients:
a) for their personal information to be used by The Naturally Clean Co and its service providers to prepare and deliver Gift Cards to the Recipients; and
b) to receive Gift Cards and associated communications from TNCC and its service providers.
Risk & Title
Risk and title in the Gift Card(s) passes to you upon payment for the Gift Card(s). We will not be responsible for any lost or misdirected Gift Cards, including any eGift Cards lost or misdirected by email where it can be shown that the email was sent to the address set out in the Order. Nor will TNCC be responsible for the unauthorised acceptance and any unauthorised redemption of a Gift Card by any person. Anyone with access to the nominated email delivery address who receives the eGift Card(s) will be presumed to be authorised to receive the eGift Card(s) on your behalf. We do not accept liability for any unauthorised acceptance and any consequential unauthorised redemption of an eGift Card.
These Terms & Conditions are to be construed and enforced in accordance with the laws of Queensland, Australia.
26. Referral Promotion
- Available to new customers only.
- Not available to be used for an address we already service.
- $50 is only available towards an hourly booking of 3 or more hours.
- $30 is available for any service.
- Cannot be combined with any other discounts or promotions or codes
- Expires at 11:59pm 30th June 2022 unless extended.
- Bookings subject to availability.
27. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
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