Terms of Service

by Holly G - December 11, 2016

Introduction

Site Terms of Service, an Enforceable Legal Agreement.
As of December 11, 2016

These Terms of Service and our privacy policy (together the “Terms”) govern all use of https://www.byronhomecleaning.com and that site’s services (together the “Site” or “Services”). The Site is owned by Holly Gano, a individual.

The owners and contributors to the Site will be referred to as “we,” “us,” or “our” in these Terms. By using the Site or its Services, and/or by clicking anywhere on this Site to agree to these Terms, you are deemed to be a “user” for purposes of the Terms. You and every other user (“you” or “User” as applicable) are bound by these Terms. You and each user also agree to the Terms by using the Services. If any User does not agree to the Terms or the Privacy Policy, such User may not access the Site or use the Services. In these Terms, the word “Site” includes the site referenced above, its owner(s), contributors, suppliers, licensors, and other related parties.

User Prohibited From Illegal Uses

User shall not use, and shall not allow any person to use, the Site or Services in any way that violates a federal, state, or local law, regulation, or ordinance, or for any disruptive, tortious, or illegal purpose, including but not limited to harassment, slander, defamation, data theft or inappropriate dissemination, or improper surveillance of any person.

User represents and warrants that:

  • User will use the Services only as provided in these Terms;
  • User is at least 18 years old and has all right, authority, and capacity to agree to these Terms;
  • User will provide accurate, complete, and current information to the Site and its owner(s);
  • User will notify the Site and its owner(s) regarding any material change to information User provides, either by updating and correcting the information, or by alerting the Site and its owner(s) via the functions of the Site or the email address provided below.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE PROVIDES THE SERVICES “AS IS,” WITH ALL FAULTS. THE SITE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES, OR THAT ANY DATA WILL BE TRANSMITTED IN A MANNER THAT IS TIMELY, UNCORRUPTED, FREE OF INTERFERENCE, OR SECURE. THE SITE DISCLAIMS REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, COMMON LAW, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE.

Liability Is Limited

THE SITE SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF WHETHER WE HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) OR EXPOSURE TO ANY THIRD PARTY CLAIMS BY REASON OF ANY ACT OR OMISSION. THE SITE SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED WITH THE SERVICES, SITE OFFERS, OR ANY ACT BY SITE USERS. THE SITE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT OR DEVICE MANUFACTURED BY, THIRD PARTIES.

NOTWITHSTANDING ANY DAMAGES THAT USER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF THE SITE IN CONNECTION WITH THE SITE OR SERVICES, AND ANY PARTY’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY USER TO THE SITE OWNER DURING THE 12 MONTHS PRIOR TO THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.

The Site shall not be liable for any damages incurred as a result of any loss, disclosure, or third party use of information, regardless of whether such disclosure or use is with or without User’s knowledge or consent. The Site shall have no liability for any damages related to: User’s actions or failures to act, the acts or omissions of any third party, including but not limited to any telecommunications service provider, or events or causes beyond the Site’s reasonable control. The Site has no obligations whatever, and shall have no liability to, any third party who is not a User bound by these Terms. Limitations, exclusions, and disclaimers in these Terms shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

Third party products, links, and actions

The Site may include or offer third party products or services. The Site may also have other users or members who interact with each other, through the Site, elsewhere online, or in person. These third party products and any linked sites have separate and independent terms of service and privacy policies. We have no control or responsibility for the content and activities of these linked sites, sellers, and third parties in general, regardless of whether you first were introduced or interacted with such businesses, services, products, and people through the Site, and therefore you agree that we are not liable for any of them. We do, however, welcome any feedback about these sites, sellers, other users or members, and third parties.

Changes to the Site and the Services

The owners and contributors to the Site will work to improve the Site for our users, and to further our business interests in the Site. We reserve the right to add, change, and remove features, content, and data, including the right to add or change any pricing terms. You agree that we will not be liable for any such changes. Neither your use of the Site nor these terms give you any right, title, or protectable legal interest in the Site or its content.

Indemnity

If your activity or any activity on your behalf creates potential or actual liability for us, or for any of our users, partners, or contributors, you agree to indemnify and hold us and any such user, partner, contributor, or any agent harmless from and against all claims, costs of defense and judgment, liabilities, legal fees, damages, losses, and other expenses in relation to any claims or actions arising out of or relating to your use of the Site, or any breach by you of these Terms of Use.

Intellectual Property

This site and some delivery modes of our product are built on the WordPress platform. For information about intellectual property rights, including General Public License (“GPL”) terms under which the WordPress software is licensed, see here http://wordpress.org/about/gpl/

The Site grants User a revocable, non-transferable, and non-exclusive license to use the Site solely in connection with the Site and the Services, under these Terms.

Copyright in all content and works of authorship included in the Site are the property of the Site or its licensors. Apart from links which lead to the Site, accurately attributed social media references, and de minimus text excerpts with links returning to the Site, no text, images, video or audio recording, or any other content from the Site shall be copied without explicit and detailed, written permission from the Site’s owner. User shall not sublicense or otherwise transfer any rights or access to the Site or related Services to any other person.

The names and logos used by the Site, and all other trademarks, service marks, and trade names used in connection with the Services are owned by the Site or its licensors and may not be used by User without written consent of the rights owners. Use of the Site does not in itself give any user any license, consent, or permission, unless and then only to the extent granted explicitly in these Terms.

All rights not expressly granted in these Terms are reserved by the Site.

Privacy

Any information that you provide to the Site is subject to the Site’s Privacy Policy, which governs our collection and use of User information. User understands that through his or her use of the Site and its Services, User consents to the collection and use (as set forth in the Privacy Policy) of the information, including the transfer of this information to the United States and/or other countries for storage, processing and use by the Site. The Site may make certain communications to some or all Users, such as service announcements and administrative messages. These communications are considered part of the Services and a User’s account with the Site, and Users are not able to opt out of all of them.

Usernames, Passwords, and Profiles

If prompted, Users must provide a valid email address to the Site, at which email address the User can receive messages. User must also update the Site if that email address changes. The Site reserves the right to terminate any User account and/or User access to the Site if a valid email is requested but is not provided by the User.

If the Site prompts or allows a User to create a username or profile, Users agree not to pick a username or provide any profile information that would impersonate someone else or that is likely to cause confusion with any other person or entity. The Site reserves the right to cancel a User account or to change a username or profile data at any time. Similarly, if the Site allows comments or user input, or prompts or allows a User to create an avatar or upload a picture, User agrees not to use any image that impersonates some other person or entity, or that is otherwise likely to cause confusion.

You are responsible for protecting your username and password for the Site, and you agree not to disclose it to any third party. We recommend that you use a password that is more than eight characters long. You are responsible for all activity on your account, whether or not you authorized it. You agree to inform us of unauthorized use of your account, by email to holly@byronhomecleaning.com. You acknowledge that if you wish to protect your interactions with the Site, it is your responsibility to use a secure encrypted connection, virtual private network, or other appropriate measures. The Site’s own security measures are reasonable in terms of their level of protection, but are not helpful if the interactions of you or any other User with Site are not secure or private.

Disputes

We are based in 1/6 Marvel St Byron Bay and you are contracting to use our Site. These Terms and all matters arising from your use of the Site are governed by and will be construed according to the laws of 1/6 Marvel St Byron Bay, without regard to any choice of laws rules of any jurisdiction. The federal courts and state courts that have geographical jurisdiction over disputes arising at our office location in the 1/6 Marvel St Byron Bay will be the only permissible venues for any and all disputes arising out of or in connection with these Terms or the Site and Service.

ARBITRATION

Notwithstanding anything that may be contrary within the “Disputes” provisions above, all matters, and all arbitrable claims within a multi-claim matter, including all claims for monetary damages, shall be decided by a single arbitrator to be selected by us, which arbitrator shall hold hearings in or near 1/6 Marvel St Byron Bay, under the rules of the ACICA https://acica.org.au/ Australian Centre for International Commercial Arbitration.

General

These Terms, including the incorporated Privacy Policy, supersede all oral or written communications and understandings between User and the Site.

Any cause of action User may have relating to the Site or the Services must be commenced within one (1) year after the claim or cause of action arises.

Both parties waive the right to a jury trial in any dispute relating to the Terms, the Site, or the Services.

If for any reason a court of competent jurisdiction finds any aspect of the Terms to be unenforceable, the Terms shall be enforced to the maximum extent permissible, to give effect to the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.

User may not assign his or her rights or delegate his or her responsibilities under these Terms or otherwise relating to the Site or its Services.

There shall be no third party beneficiaries under these Terms, except for the Site’s affiliates, suppliers, and licensors, or as required by law.

Use of the Site and its Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.

The failure of the Site to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Cleaning Services Agreement

  1. Subject to the terms of this Agreement, Byron Home Cleaning agrees to provide domestic cleaning services (the “Service”) to the Customer at an address specified by the Customer (the “Premises”).
  2. The Service will be for such cleaning duties as agreed with the Customer at the time of booking.
  3. Byron Home Cleaning will provide one or more contract cleaners (the “Cleaner”) to attend the Premises to provide the Service at a time and date mutually agreed between Byron Home Cleaning and the Customer (the “Service Time”).
  4. Byron Home Cleaning endeavors to provide the Service faithfully, diligently and in a timely and professional manner.

Additions and Amendments

  1. Any changes to the Service to be provided must be agreed by Byron Home Cleaning prior to the Service Time.
  2. If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact Byron Home Cleaning by telephone, who may agree to provide the additional services in its absolute discretion.
  3. Cancellation’s & window of arrival, any cancellations with less than 24 hours notice may incur a $30 fee. The cancellation fee will be uncured if the cleaner is unable to enter the property.
  4. Our service has a 30-45 minutes window of arrival around the time of your booking, this is to suit for traffic & jobs that run slightly overtime. Byron Home Cleaning is not liable for any damages due to late arrival.

Customer Representations and Warranties

The Customer represents and warrants that:

  1. The Customer will provide a safe working environment at the Premises for the Cleaner to perform the Service.
  2. The Cleaner will have unencumbered and unobstructed access to those areas of the Premises requiring the Service.
  3. The Customer will provide the Cleaner with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required by the Cleaner to provide the Service.
  4. The Customer will provide all usual and necessary cleaning equipment and materials required by the Cleaner to provide the Service, unless other arrangements have been made with Byron Home Cleaning.
  5. All cleaning equipment and materials provided by the Customer are safe, have not been tampered with and are in full working order.
  6. The Customer will advise Byron Home Cleaning prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the Premises.
  7. The Customer is authorised to use the Premises and obtain the provision of Service.
  8. If the Customer requires the Cleaner to clean behind or under any heavy items (eg. a fridge, bookshelf, or other furniture), They will move those items prior to the commencement of the Service.
  9. The Customer will secure or remove any fragile, delicate, breakable or valuable items, including cash, jewelry, works of art, antiques, or items of sentimental value prior to the commencement of the Service.

Health and Safety Risks

In addition to the obligations and warranties set out in clause 3 above, the Customer acknowledges and agrees that:

  1. The Cleaner is entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk at the Premises.
  2. The Cleaner may, either before or during the provision of the Service not use or cease using any materials or cleaning equipment provided by the Customer if the Cleaner thinks, in their absolute discretion, that the use of such materials or cleaning equipment poses a risk to health and safety.
  3. The Cleaner 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 Cleaner, a risk to health and safety.

No Engagement of Cleaners

  1. The Customer acknowledges Byron Home Cleaning invests significant resources in recruiting, selecting and training its Cleaners. Unless Byron Home Cleaning gives prior written permission, the Customer must not, directly or indirectly, engage, employ or contract with any Cleaner to provide domestic services to the Customer or any associate of the customer for any period during which services are provided by Byron Home Cleaning or for a period within 12 months after the conclusion of any Service.
  2. The Customer acknowledges that Byron Home Cleaning may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Customer.

Job Quotations

  1. The actual price payable by the Customer is calculated on the total number of hours worked by the Cleaner.
  2. Any price quoted by Byron Home Cleaning is an estimate only based on Byron Home Cleaning’s experience, without inspection, and based on information provided by the Customer. Subject to this clause, quotes are valid for a period of 30 days from the date of the quote.
  3. 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 Byron Home Cleaning, Byron Home Cleaning will provide the Customer with the option to pay an increased fee to complete the Service, or pay the quoted amount without the Service being completed.
  4. The Customer must inform Byron Home Cleaning whether any cleaning services required are for an ‘end of tenancy’ at the time of quotation.

Bookings

  1. The Customer may make a booking either in person, by either telephone, fax, email or on the Byron Home Cleaning website.
  2. 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;
  3. Byron Home Cleaning provides all quotations at the time of booking.
  4. The Customer agrees to provide Byron Home Cleaning with their valid credit card details at the time of booking, and authorises Byron Home Cleaning to debit any card with an amount equal to any service and/or cancellation fees that may apply under this Agreement.
  5. Byron Home Cleaning reserves the right not to accept a booking for any reason.

Payment Terms

  1. The Customer agrees to pay the price quoted by Byron Home Cleaning in full prior to or at the Service Time, unless otherwise agreed in advance with Byron Home Cleaning.
  2. If no payment has been made by the Service Time, Byron Home Cleaning will use reasonable endeavors to contact the Customer for payment. In the event that Byron Home Cleaning cannot contact the Customer or payment is not made by the Service Time, the Customer will be deemed to have cancelled the Service, and the Customer must pay any cancellation fees or charges due set out in clause 16.
  3. Payments may be made via credit card, bank transfer or in cash. Payments by bank transfer should be made to:
    Account Name: Holly Gano
    Account BSB: 062-565
    Account No: 010 821 596
    Transaction Ref: Invoice Ref No or Surname/Address

Late Payment Fee

  1. Where Byron Home Cleaning has agreed to invoice the Customer for payment of fees after the Service has been completed, the Customer agrees to pay in full, all fees due, within 7 days of the invoice date.
  2. The Customer agrees that if Byron Home Cleaning has not received payment in full for the Service within one calendar month of the original invoice date then a late payment fee of $15 applies for the first month. Interest will be charged on the fixed rate of 10% per annum on each day that any amount remains outstanding thereafter.
  3. In addition to the amounts set out above, the Customer agrees to indemnify Byron Home Cleaning for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Byron Home Cleaning 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.

Non-Appearance

If a Cleaner fails to attend the Premises within 1 hour of the Service Time and does not provide the requested Service, Byron Home Cleaning will provide the Customer with either:

  1. A full refund of payments made by the Customer; or
  2. Offer to reschedule the Service at another time mutually agreed between the Customer and Byron Home Cleaning.

Complaints

If the Customer is dissatisfied for any reason with the Service provided, it must inform Byron Home Cleaning within 24 hours of completion of the Service. Byron Home Cleaning strives to achieve 100% customer satisfaction and will endeavor to resolve the problem quickly and efficiently. Subject to clause 13, Byron Home Cleaning may, at its discretion, offer the Customer either of the following:

  1. A partial or full refund;
  2. Re-supply of the Service without charge;
  3. Such other remedy as as deemed appropriate by Byron Home Cleaning.

Exclusions and Limitations

  1. The only conditions and warranties which are binding on Byron Home Cleaning in respect of the state, quality or condition of goods and services supplied by Byron Home Cleaning to Customers are those imposed and required to be binding by statute (including the Trade Practices Act 1974).
  2. To the extent permitted by statute, the liability, if any, of Byron Home Cleaning is, at Byron Home Cleaning’s option, limited to and completely discharged by the resupply of the Service. Byron Home Cleaning is not responsible for:
    1. 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 materials, cleaning equipment, utility services, a safe working environment or unencumbered access to the Premises); or
    2. Any damages caused by defective cleaning materials or cleaning equipment provided by the Customer;
    3. Not completing or providing the Service as a result of the Cleaner not proceeding for health and safety reasons under clause 4;
    4. 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 Byron Home Cleaning.
    5. 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.
    6. Existing dirt, wear, damage or stains that can not be completely cleaned or removed.
    7. Any wear or discolouring of fabric or surfaces becoming more visible once dirt has been removed;
    8. Any loss incurred as a result of any breakage or damage to goods, items of value (including antiques, items of sentimental value) or the Premises.
    9. The cost of any key replacement or locksmith fees, unless keys were lost by Byron Home Cleaning or the Cleaner.
  3. 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 Byron Home Cleaning are excluded.
  4. 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 cleaning required), and that Byron Home Cleaning gives no guarantee as to the actual results of the Service.
  5. Except to the extent provided in this clause, Byron Home Cleaning 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 Byron Home Cleaning (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 Byron Home Cleaning).

Indemnity

The Customer indemnifies Byron Home Cleaning against:

  1. 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
  2. All legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Byron Home Cleaning 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).

Accidents, Breakage, Damage & Theft

  1. The Customer must inform Byron Home Cleaning of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Cleaner within 24 hours of completion of the Service.
  2. 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 Byron Home Cleaning within 24 hours of completion of the Service.
  3. To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of Byron Home Cleaning under these terms and conditions: cash, jewelery, art, antiques, and items of sentimental value.

Cancellation Fees

  1. The Customer must provide Byron Home Cleaning with at least 24 hours notice prior to the Service Time, if they wish to suspend, postpone or cancel the Service for any reason.
  2. In the event that such notice has been given, Byron Home Cleaning will endeavor to reschedule the Service if required.
  3. In the event that the Customer does not provide 24 hours notice prior to the commencement of the Service, the Customer agrees to pay a $30 cancellation fee (inclusive of GST) for administrative costs and loss.

Fee for Non-Access to Premises

In the event that the Customer does not provide unencumbered access the Premises for Byron Home Cleaning or its Cleaners to provide the Service, the Customer agrees to pay a cancellation fee equivalent to $30 (inclusive of GST) for administrative and travel costs.

Termination

  1. This Agreement may be terminated by the Customer by providing at least 24 hours notice prior to the Service Time.
  2. Subject to clause 18(c), Byron Home Cleaning may terminate this Agreement by providing the Customer with at least 24 hours notice prior to the Service Time.
  3. Byron Home Cleaning may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of Byron Home Cleaning, that breach is incapable of remedy.

Privacy Policy

  1. The Customer acknowledges that any information provided by the Customer may be used by Byron Home Cleaning for the purpose of providing the Service. Byron Home Cleaning 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).
  2. The Customer agrees to Byron Home Cleaning 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.
  3. Byron Home Cleaning will take all reasonable precautions to protect personal information provided by the Customer from loss, misuse, unauthorised access or disclosure, alteration or destruction.

Changes to this Agreement

  1. Byron Home Cleaning 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.
  2. The Customer agrees that any use of the Service following any such change, whether as a single job or as part of a regular cleaning schedule, constitutes their agreement to follow and be bound by the terms and conditions as changed.

Law & Jurisdiction

The Customer and Byron Home Cleaning acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of New South Wales and both agree to submit to the exclusive jurisdiction of the courts of New South Wales in the event of any dispute.

Severability

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.

Terms Contact

If you have any questions about these Terms, please address them to holly@byronhomecleaning.com.

Last Updated

These terms were last updated on December 11, 2016