AUSSIE CLEAN TEAM - Terms and Conditions

1. Definitions

In these Terms and Conditions, the following words:
“Cleaning Charges”; “Cleaning Services”; Commencement Date”; “Customer”; “Location”; “Premises”; and “Aussie Clean Team”; “Parties”;
Shall have the meanings as set out in the email confirmation sent to you. “Parties” shall mean Aussie Clean Team and Customer.

2. Provision of services

In consideration of the Customer paying the Cleaning Charges to the Aussie Clean Team, the Aussie Clean Team shall provide the Cleaning Services of the Premises to the Customer at the Location with reasonable skill and care and in accordance with these terms and conditions and the email confirmation and shall provide properly skilled staff (including adequate supervision), equipment and cleaning materials for such purpose.
We aim to arrive on time; however, our job arrival times are estimates; we regret no discounts can be offered. Should the Cleaning Services take over 30 minutes longer than allocated, we reserve the right to charge you an additional £13.00 per half an hour per member of Staff carrying out the Cleaning Services at the Location.
Should the Location be outside the M25, we reserve the right to impose additional charges for the Cleaning Services.

3. Selection of Aussie Clean Team's staff

Aussie Clean Team will use reasonable endeavours to provide staff to carry out the Cleaning Services who are aged 18 or over and are (so far as reasonably possible) known to Aussie Clean Team and in respect of whom character and employment references have been checked to ensure so far as reasonably possible that they are reliable, discreet and honest.

4. Uniforms

Aussie Clean Team will supply its staff with a suitable garment clearly marked with Aussie Clean Team's insignia.

5. Security

The Customer shall keep Aussie Clean Team informed of all security procedures in operation at the Location with which it reasonably requires Aussie Clean Team's staff to comply. Aussie Clean Team will ensure that its staff working at the Location under the Cleaning Services are made fully aware of and comply with such Customer's security procedures and, if required by the Customer.

6. Equipment

Aussie Clean Team shall maintain the cleaning equipment regularly in line with applicable safety laws, regulations and governmental guidelines and provide replacements when breakdowns occur or any such equipment required for the provision of the Cleaning Services ceases to work effectively.

7. Safe Premises

The Customer warrants that the Premises are safe for work and comply with all statutory requirements for the health and safety at work of the Aussie Clean Team's staff. The Aussie Clean Team may refuse to permit its staff to work in the Premises or any part of them if the Aussie Clean Team reasonably considers that they may be exposed to undue risk or danger. Further, if the Aussie Clean Team are subject to any verbal or physical abuse, we reserve the right to stop the Cleaning Services at any time and full payment will be charged to the Customer.

8. Aussie Clean Team's health and safety policy

So far as affects its staff who perform the Cleaning Services, the Aussie Clean Team undertakes with the Customer that (without limiting its duties to them) it will:
a. in accordance with applicable law safeguard the health, safety and welfare of its staff performing the Cleaning Services;
b. bring to the notice of its staff the safety policies of both the Aussie Clean Team and the Customer provided that the Customer has notified the Aussie Clean Team of its safety policy in writing and in advance;
c. provide reasonable information, training and supervision in safe working practices and the need to work safely; and
d. have reasonable regard for the health and safety of those not employed by the Aussie Clean Team, but who may be affected by the Aussie Clean Team's work.

9. Customer complaints

a. Any complaint about the performance of the Cleaning Services must be made in writing to one of the Aussie Clean Team's managers within 1 working day of the occurrence complained about and the Aussie Clean Team will take reasonable action, without cost to the Customer, to investigate and (unless it reasonably considers that the complaint was not justified) take reasonable remedial action provided that the Customer is present at the Location at the end of the Cleaning Services to sign off. If the Customer is not present at the end of the Cleaning Services job, the Cleaning Services will be deemed to have been completed to the satisfaction of the Customer.
b. In the absence of complaint it will be assumed that the Customer is satisfied with the Aussie Clean Team's performance of the Cleaning Services however nothing in this clause shall act so as to waive or limit any right or remedy either Party may have under these Terms and Conditions or as may be provided by applicable law.

10. Payment

Unless otherwise agreed, all payments are to be made on Completion of the Cleaning Works. Credit/Debit Card (not AMEX) details must be provided to secure a booking. In some circumstances, invoices will be issued and in this case, the Customer shall pay all Cleaning Charges due under these Terms and Conditions not later than 30 days after its receipt of the Aussie Clean Team's invoice in respect of them.
All queries in respect of payments must be directed to the Aussie Clean Team Office. Staff carrying out the Cleaning Services have no authority to deal with payment issues.
Congestions Charges will be paid by the Customer, if applicable.
Any parking fines incurred, will be charged to the Customer.
Parking costs are for the Customer. Customer must ensure that the Aussie Clean Team are able to park safely; if charges need to be incurred or permits obtained for the period of the Cleaning Services, the Aussie Clean Team must be provided with the relevant monies or permits, whatever is applicable.
If you postpone or cancel a Cleaning Service having made a booking, we reserve the right to charge you 50% of the cost of the Cleaning Services quoted. If you postpone within 24 hours of the proposed start time, we reserve the right to charge you 100% of the value of the Service.

11. VAT

All sums payable under these Terms and Conditions are exclusive of VAT which is payable in addition to such charges.

12. No set off

The Customer shall pay all money due under these terms and conditions without any discount, deduction, set off or counterclaim regardless of any claim or dispute which the Customer has or alleges it has against the Aussie Clean Team.

13. Interest on late payment

If the Customer fails to pay any sum due on the due date of payment in accordance with these Terms and Conditions, the Customer shall pay to the Aussie Clean Team interest on such overdue amounts at the rate of 2% per year plus the base rate from time to time of Barclays Bank plc calculated on a day-to-day basis.

14. Suspension of performance

Failure by the Customer to pay the Cleaning Charges or any other amount within 60 days of receiving an invoice from the Aussie Clean Team requesting such amounts or to comply with any of its other material obligations under these Terms and Conditions shall constitute sufficient cause for the Aussie Clean Team to suspend or terminate service under the Cleaning Contract or any other contract with the Customer until the Cleaning Charges or any other amounts and all interest on them have been received in full by the Aussie Clean Team and the Customer's other obligations have been complied with in full.

15. Force majeure

Neither Party shall have any liability under or be deemed to be in breach of these Terms and Conditions for any delays or failures in performance of these Terms and Conditions which result from circumstances beyond the reasonable control of that Party. The Party affected by such circumstances shall promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so.

16. Confidentiality

All information acquired by the Aussie Clean Team relating to the Customer's business, if applicable, shall be treated by the Aussie Clean Team as confidential and the Aussie Clean Team shall not make any use or disclosure of it. The Aussie Clean Team shall (if so requested by the Customer) require its employees to enter into written undertakings as to confidentiality which are directly enforceable by the Customer. The obligations of this clause shall not apply to any information which:
a. was known or was in the possession of the Aussie Clean Team before it was acquired by the Aussie Clean Team from the Customer;
b. is, or becomes, publicly available through no fault of the Aussie Clean Team;
c. is provided to the Aussie Clean Team without restriction or disclosure by a third party, who did not breach any confidentiality obligations by making such a disclosure;
d. was developed by any of the Aussie Clean Team's staff (or on the Aussie Clean Team's behalf) who had no direct access to, or use or knowledge of the confidential information acquired from the Customer; or
e. is required to be disclosed by order of a court of competent jurisdiction.
f. This clause shall survive termination of these Terms and Conditions for a period of 6 years.

17. Exclusion of liability

To the extent permitted by applicable law, the Aussie Clean Team disclaims all liability to the Customer in connection with the Aussie Clean Team's performance under these Terms and Conditions, including but not limited to liability for loss of profits and other consequential losses. Except in the case of death or personal injury caused by the Aussie Clean Team's negligence, the liability of the Aussie Clean Team under or in connection with these Terms and Conditions whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the Cleaning Charges paid by the Customer to the Aussie Clean Team under these Terms and Conditions. Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty nor otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.
The Aussie Clean Team will not be liable, during the carpet cleaning process for any damage caused by cleaning, dyeing or drying.
The Aussie Clean Team will not be liable for the first £250 of any claim.

18. Variation

These terms and conditions may only be amended in writing signed by duly authorised representatives of the Parties.

19. Waiver

No failure or delay by either Party in exercising any right, power or privilege under these Terms and Conditions shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in these Terms and Conditions are cumulative and not exclusive of any rights and remedies provided by law.

20. Third parties

For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of these Terms and Conditions is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

21. Notices

Any notice to be given under these Terms and Conditions shall be in writing and shall be sent by first class mail or air mail, or by facsimile or e-mail (confirmed by first class mail or air mail), to the address or facsimile number of the relevant Party set out overleaf, or such other address or facsimile number as that Party may from time to time notify to the other Party.
Notices sent as above shall be deemed to have been received 2 working days after the day of posting (in the case of inland first class mail), or on the next working day after transmission (in the case of facsimile messages, but only if a transmission report is generated by the sender's facsimile machine recording a message from the recipient's facsimile machine, confirming that the facsimile was sent to the number indicated above and confirming that all pages were successfully transmitted), or next working day after sending (in the case of e-mail).
a. In proving the giving of a notice it shall be sufficient to prove that the notice was left, or that the envelope containing the notice was properly addressed and posted, or that the applicable means of telecommunication was addressed and dispatch of the transmission was confirmed and/or acknowledged as the case may be.

22. Jurisdiction

a. The validity, construction and performance of these Terms and Conditions shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit.

23. Interpretation

a. In these Terms and Conditions unless the context otherwise requires:
b. words importing any gender include every gender;
c. words importing the singular number include the plural number and vice versa;
d. words importing persons include firms, companies and corporations and vice versa;
e. references to numbered clauses and schedules are references to the relevant clause in or schedule to these Terms and Conditions;
f. reference in any schedule to these Terms and Conditions to numbered paragraphs relate to the numbered paragraphs of that schedule;
g. any obligation on any Party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
h. the headings to the clauses, schedules and paragraphs of these Terms and Conditions are not to affect the interpretation;
i. any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or by-law made under that enactment; and
j. where the word 'including' is used in these Terms and Conditions, it shall be understood as meaning 'including without limitation'.

Promotional Terms and Conditions.

1) VIP customer loyalty
(i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x)
2) Aussie Cheques £10
(i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x)
3) Price Match Promise
(i) (ii) (v) (x) card – 10% off
This promotion can be used by you to reduce any single payment due to Aussie Group [use proper full company name here] by 10% (to be applied before any applicable taxes).
This promotion may be redeemed by the bearer of an Aussie Group 10% card at any Aussie Group store or location (or on its website using the redemption code) and in relation to any Aussie Group service.
This promotion runs from 31/03/2010 to 30/06/2010 and must be redeemed during that period.
Proof of purchase may be required.
This promotion cannot be used in conjunction with any other promotion or offer. For the avoidance of doubt, the 10% reduction under clause (i) can only be used against a full price payment.
Offer open only to UK residents aged 18 or over.
No cash or credit alternatives will be offered.
Aussie Group accepts no responsibility for any tax liability caused/incurred by an individual or business relating to this promotion.
Aussie Group reserves the right to withdraw this promotion and/or vary the terms and conditions upon which it is offered at any time and without notice to you.
Any dispute in relation to this promotion and/or these terms and conditions is governed by the law of England and Wales and you and Aussie Group submit to the exclusive jurisdiction of the Court of England and Wales for the settlement of any such dispute.
off / £20 off and £50 off
This promotion can be used by you to reduce any single payment due to Aussie Group by £50 (to be applied before any applicable taxes).
This promotion may be redeemed by the bearer of an Aussie Group 10% off coupon at any Aussie Group store (or on its website using the redemption code) and in relation to any Aussie Group service.
This promotion runs from 31/03/2010 to 30/06/2010 and must be redeemed during that period.
Proof of purchase may be required.
This promotion cannot be used in conjunction with any other promotion or offer. For the avoidance of doubt, the £50 reduction under clause (i) can only used against a full price payment.
Offer open only to UK residents aged 18 or over.
No cash or credit alternatives will be offered, in particular, but without prejudice to the generality of the foregoing, if the promotional offer is used in relation to a payment which is less than £50, the promotional offer under clause (i) will be extinguished in full and no credit will be given for the remaining amounts either in cash or credit to apply to further Aussie Group services or otherwise.
Aussie Group accepts no responsibility for any tax liability caused/incurred by an individual or business relating to this promotion.
Aussie Group reserves the right to withdraw this promotion and/or vary the terms and conditions upon which it is offered at any time and without notice to you.
Any dispute in relation to this promotion and/or these terms and conditions is governed by the law of England and Wales and you and Aussie Group submit to the exclusive jurisdiction of the Court of England and Wales for the settlement of any such dispute.
/> This “price match promise” promotion for Aussie Group (AG) can be used by you to reduce a quote for removal services provided to you by AG (“the AG Quote”) to match a quote made by another removals company “the Third Party Quote”.
The Third Party Quote must have been offered on identical terms as the AG Quote. Without prejudice to the generality of the foregoing, the Third Party Quote must have been made to provide for the same removal services (including the same number of personnel used for the service, the same number of vehicles used for the service, the same time estimate for completion and the same provision for personnel breaks), at the same time of day, on the same date, with identical (if applicable) insurance coverage for damage to goods, personal injury or otherwise. AG reserves the right to conclude (without giving reasons and without recourse by you) that the Third Party Quote is not on identical terms as the AG Quote.
(iii) Evidence of the Third Party Quote from the third party removals company must be provided to AG at the time the booking is made to enable us to compare the terms under which the quote was made, to ensure that they are identical. AG reserves the right to contact the third party removals company in relation to the Third Party Quote.
(iv) We reserve the right to charge you in addition should the provisions of Clause 1 of our standard removals Terms and Conditions apply – see our website at www.aussiegroupuk.com
This price match promotion runs from 31/03/2010 to 30/06/2010.
(vi) Proof of purchase may be required.
(vii) This promotion cannot be used in conjunction with any other promotion or offer.
(viii) Offer open only to UK residents aged 18 or over.
(ix) No cash or credit alternatives will be offered.
AG accepts no responsibility for any tax liability caused/incurred by an individual or business relating to this promotion.
(xi) AG reserves the right to withdraw this promotion and/or vary the terms and conditions upon which it is offered at any time and without notice to you.
(xii) Any dispute in relation to this promotion and/or these terms and conditions is governed by the law of England and Wales and you and AG submit to the exclusive jurisdiction of the Court of England and Wales for the settlement of any such dispute.