Terms and Conditions
These terms and conditions constitute the full and complete service agreement (the “Agreement”) between you (the “Customer”) and ProtectorClean Pty Ltd (the “Company”) which includes its sub-contractors and its agents; of PO Box 2309, Marmion WA 6020, Australia for the provision of services by ProtectorClean Pty Ltd
Please take some time to review this Agreement. Use of our services constitutes your acceptance of these terms and conditions.
1. Cleaning, Sealing and Restoration Services
a. Subject to the terms of this Agreement, ProtectorClean Pty Ltd agrees to provide cleaning, sealing and restoration services (the “Service”) to the Customer at an address specified by the Customer (the “Premises”).
b. The Service will be for such cleaning, sealing and restoration duties as agreed with the Customer at the time of booking.
c. ProtectorClean Pty Ltd will provide one or more technicians (the “Technician”) to attend the Premises to provide the Service at a time and date mutually agreed between ProtectorClean Pty Ltd and the Customer (the “Service time”).
d. ProtectorClean Pty Ltd endeavours to provide the Service faithfully, diligently and in a timely and professional manner.
2. Additions and amendments
a. Any changes to the Service to be provided must be agreed by ProtectorClean Pty Ltd prior to the Service Time.
b. If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact ProtectorClean Pty Ltd by telephone, who may agree to provide the additional services in its absolute discretion. The Technician is not authorised to agree to any changes to the service being provided.
c. The Customer must not request such changes directly from the Technician.
3. Customer representations and warranties.
The Customer represents and warrants that:
a. It will provide a safe working environment at the Premises for the Technician to perform the Service;
b. The Technician will have unencumbered and unobstructed access to those areas of the
Premises requiring the Service;
c. It will provide the Technician with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required by the Technician to provide the Service;
d. It will advise ProtectorClean Pty Ltd prior to the commencement of the Service of any
hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the
e. It is authorised to use the Premises and obtain the provision of Service;
4. Health and safety risks
In addition to the obligations and warranties set out in clause 3 above, the Customer acknowledges and agrees that:
a. The Technician is entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk at the Premises;
b. The Technician 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 Technician, a risk to health and safety.
5. Job quotations
a. The actual price payable by the Customer is calculated as either a fixed price, charge per unit e.g. per room or per m2, or as an hourly rate depending on the Service being provided.
b. Any price quoted without inspection first by ProtectorClean Pty Ltd is an estimate only based on ProtectorClean Pty Ltd experience and based on information provided by the Customer.
c. 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 ProtectorClean Pty Ltd, ProtectorClean Pty Ltd will provide the Customer with the option to pay an increased fee to complete the Service, or cancel the Service and pay the already completed cost of the Service. If the Service has not commenced at all the Customer will be liable to pay a $110.00 incl GST cancellation fee for not continuing with the service at the amended cost of the Service.
a. The Customer may make a booking either in person, by either telephone, email or on the ProtectorClean Pty Ltd website.
b. 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;
c. ProtectorClean Pty Ltd provides all quotations at the time of booking or prior to commencing the Service.
d. The Customer agrees to provide ProtectorClean Pty Ltd with their valid credit card details at the time of booking, and authorises ProtectorClean Pty Ltd to debit any card with an amount equal to any service and/or cancellation fees that may apply under this Agreement, unless the Customer has an approved Account.
7. Payment terms
a. The Customer agrees to pay the price quoted by ProtectorClean Pty Ltd at the completion of the Service as per terms set out in Invoice.
a. Unless specified otherwise, all prices and quotations are expressed to be GST inclusive amounts.
9. Late payment fee
a. Where ProtectorClean Pty Ltd has agreed to invoice the Customer for payment of fees
after the Service has been completed, the Customer agrees to pay in full.
b. The Customer agrees that if ProtectorClean Pty Ltd has not received payment in full for the
Service within one calendar month of the original invoice date then a late payment fee may be charged. Interest will be charged.
c. In addition to the amounts set out above, the Customer agrees to indemnify ProtectorClean Pty Ltd for all legal costs (on a solicitor and own client or full indemnity basis,
whichever is greater) and other expenses incurred by ProtectorClean Pty Ltd 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.
10. Complaints & Satisfaction Guarantee
If the Customer is dissatisfied for any reason with the Service provided, it must inform ProtectorClean Pty Ltd within 48 hours of completion of the Service. ProtectorClean Pty Ltd strives to achieve 100% customer satisfaction and will endeavour to resolve the problem quickly and efficiently. ProtectorClean Pty Ltd may, at its discretion, offer the Customer either of the following:
1. a partial refund;
2. re-supply of the Service without charge, in order to rectify issues;
3. such other remedy as deemed appropriate by ProtectorClean Pty Ltd.
11.Exclusions and limitations
a. The only conditions and warranties which are binding on ProtectorClean Pty Ltd in respect of the state, quality or condition of goods and services supplied by ProtectorClean Pty Ltd to Customers are those imposed and required to be binding by statute (including the Trade Practices Act 1974).
b. To the extent permitted by statute, the liability, if any, of ProtectorClean Pty Ltd is, at ProtectorClean Pty Ltd option, limited to and completely discharged by the re supply of the Service. ProtectorClean Pty Ltd is not responsible for:
c. 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 arterials, utility services, a safe working environment or unencumbered access to the Premises); or
d. not completing or providing the Service as a result of the Technician not proceeding for health and safety reasons under clause 4;
i. 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 ProtectorClean Pty Ltd;
ii. 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;
iii. existing dirt, wear, damage or stains that cannot be completely cleaned or removed;
iv. any loss incurred as a result of any breakage or damage to goods or the Premises; or
vi. the cost of any key replacement or locksmith fees, unless keys were lost by ProtectorClean Pty Ltd or the Technician.
e. 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 ProtectorClean Pty Ltd are excluded.
f. 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 the Service required), and that ProtectorClean Pty Ltd gives no guarantee as to the actual results of the Service.
g. Except to the extent provided in this clause, ProtectorClean Pty Ltd 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 ProtectorClean Pty Ltd (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 ProtectorClean Pty Ltd).
12.IndemnityThe Customer indemnifies ProtectorClean Pty Ltd against:
a. 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
b. all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by ProtectorClean Pty Ltd 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).
13. Accidents, breakage, damage & theft
a. The Customer must inform ProtectorClean Pty Ltd of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Technician within 24 hours of completion of the Service.
b. 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 ProtectorClean Pty Ltd within 24 hours of completion of the Service.
c. To the extent permitted by law, damage or loss to the following items is specifically
excluded from the liability of ProtectorClean Pty Ltd under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.
a. The Customer must provide ProtectorClean Pty Ltd with at least 24 hours’ notice prior to the Service Time, if they wish to suspend, postpone or cancel the Service for any reason. This notice must be made by a telephone call to a phone number supplied by ProtectorClean Pty Ltd
b. In the event that such notice has been given ProtectorClean Pty Ltd will endeavour to reschedule the Service if required.
c. In the event that the Customer does not provide 24 hours’ notice prior to the commencement of the Service, the Customer is liable to pay a cancellation fee equivalent of $110.00 (inclusive of GST) for administrative costs and loss of business.
15.Fee for non-access to premises
In the event that the Customer does not provide unencumbered access to the Premises for ProtectorClean Pty Ltd or its Technicians to provide the Service, the Customer agrees to pay a cancellation fee equivalent to $110.00 (inclusive of GST) for administrative and travel costs.
a. This Agreement may be terminated by the Customer by providing at least 24 hours’ notice prior to the Service Time.
b. Subject to clause 17(c), ProtectorClean Pty Ltd may terminate this Agreement by providing the Customer with at least 24 hours’ notice prior to the Service Time.
c. ProtectorClean Pty Ltd may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of ProtectorClean Pty Ltd, that breach is incapable of remedy.
a. The Customer acknowledges that any information provided by the Customer may be used by ProtectorClean Pty Ltd for the purpose of providing the Service. ProtectorClean Pty Ltd 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).
b. The Customer agrees ProtectorClean Pty Ltd 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.
c. ProtectorClean Pty Ltd will take all reasonable precautions to protect personal information provided by the Customer from loss, misuse, unauthorised access or disclosure, alteration or destruction.
18. Changes to this agreement
a. ProtectorClean Pty Ltd 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.
b. The Customer agrees that any use of the Service following any such change, whether as a single job or as part of a regular Service schedule, constitutes their agreement to follow and be bound by the terms and conditions as changed.
19. Law & jurisdiction
The Customer and ProtectorClean Pty Ltd acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of Western Australia and both agree to submit to the exclusive jurisdiction of the courts of Western Australia 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.