Terms & Conditions
These Terms and Conditions shall apply to the exclusion of all others including any Terms and Conditions of the Customer (whether on the Customer’s order form or otherwise). No goods or services shall be supplied by Fullworks Cleaners on any Terms or Conditions other than those set out herein and by accepting the services and/or taking delivery of the Goods, the Customer shall be deemed to agree to these Terms and Conditions.
- Definitions
Fullworks Cleaners is the principal contractor of goods and services known as Fullworks Cleaners, ABN: 32 164 036 686.
The Customer means the person/s, firm or company requesting the supply of goods or services. This is the party to whom the goods and services are provided for and/or in whose name an account is maintained by Fullworks Cleaners.
Goods mean the consumable items, or any products provided by Fullworks Cleaners for the Customer for use at the customer site.
Services mean a regular or one-off cleaning service provided by Fullworks Cleaners at the premises requested by the Customer.
Commencement Date means the Commencement Date of Cleaning as set out in the Fullworks Cleaners Quotation or Service Amendment forms.
Agreement means these Service Agreement Terms and Conditions, the attached Fullworks Cleaners Quotation or Service Amendment form, and Site Cleaning Schedule.
Non-Performance means the failure, neglect, or refusal by any party to perform any act stipulated under this Agreement.
Party means a party to this Agreement.
Price means the once off value (unless stated otherwise) specified in the attached Fullworks Cleaners Quotation or Service Amendment Form, and any documented amendments to same.
Services means the services we supply to You, including but not limited to the services outlined in the attached Site Cleaning Schedule (contained in the Fullworks Cleaners quote document).
Term means a period of one (1) year from the Commencement Date unless otherwise agreed in writing between the parties.
Us or We or Our means Fullworks Cleaners and its subsidiaries and representatives.
You or Your means the person, jointly and severally if more than one, acquiring Services from us, including but not limited to the Customer as specified in the attached Fullworks Cleaners Quotation or Service Amendment Form.
- Term
The Agreement shall only valid for that day of service (unless stated otherwise as an annual service, it will automatically renew at the end of the Term (and any Further Term) for a further one (1) year (Further Term) unless you give us written notice to [email protected] of termination at least thirty (30) days prior to the end of the relevant term.)
- Prices
Prices are calculated based on the information given on the time of quotation, Fullworks reserve the right to increase the price on the day of the service if the information of the property is wrongly given on the day of quotation.
The Contract does not include the provision of a service on public holidays or where applicable, bank holidays, unless specified in writing by Fullworks Cleaners.
All prices quoted exclude GST.
- Invoicing
Unless otherwise agreed in writing, all accounts must be paid within 7 days of the date of our tax invoice. Invoicing shall take place in advance and all accounts are sent by email within the first week of each month. Invoices are payable in accordance with the terms on the quote document.
At no time can the customer short pay or waive payment of any invoiced fee without acceptance by Fullworks Cleaners management.
Amounts owing after the due date may accrue interest at the rate of 15% per annum, calculated daily from the first day overdue until payment.
All remittances and accounts queries are to be directed to Fullworks Cleaners by email at [email protected].
- Fees & Charges
Fullworks Cleaners may increase its base service fees annually or from time to time.
Fullworks Cleaners may charge fees for processing credit card and cheque payments, and late payment fees on outstanding invoices.
If Fullworks Cleaners are required to appoint a recovery agent, debtors will be held accountable for any recovery costs.
The Customer shall agree to pay and reimburse Fullworks Cleaners for legal costs, or other expenses incurred in respect of the preparation of any documentation required by Fullworks Cleaners secure the provision of credit to the customer together with all collection and enforcement costs and expenses which Fullworks Cleaners may suffer or incur in connection with the sale of goods or supply of services or provisions of credit to the Customer including (without limitation) legal costs on a full indemnity basis.
- Termination
6.1 We may terminate the Agreement if:
(a) there is non-performance on your part; or
(b) you breach the Agreement in any way whatsoever.
6.2 You may terminate the Agreement if:
(a) there is a period of 14 consecutive days in which we fail to attend to the services; or
(b) there is non-performance on our part.
6.3 Prior to any termination for non-performance being effective, the terminating party must give the other party (defaulting party) notice, specifying in detail the nature of any failure, defect or refusal to perform. Upon the receipt of notice of non-performance, the defaulting party shall have seven (7) days in which to rectify the breach.
In the event the breach is not rectified at the end of the seventh (7th) day from such notice, the terminating party shall provide a second notice (the second notice) to the defaulting party of the failure to rectify the breach.
In the event the defect remains un-rectified at the time of the second notice, this agreement shall terminate seven (7) days from the date of the second notice.
6.4 In the event that you terminate the Agreement for any reason other than Non-Performance, as described in clause 6.3 above, or fail to give the notice required by clause 6.3, you agree to pay to us as liquidated damages, an amount equal to the annual Price (as amended from time to time) divided by the number of months remaining under the Term.
6.5 You agree that the damages specified in this clause are a genuine pre-estimate of the loss to us resulting from your unlawful termination of this Agreement, including factors such as our transaction costs, legal costs, finance costs, cost of recovery and lost opportunity.
6.6 Monies due to us at termination must be paid within thirty (30) days from the date of our invoice.
- Specification Changes
We reserve the right to alter our fees should the scope or complexity of the work change from that originally contracted.
Should a change in fee be necessary, a written notice will be given and your invoice will be amended from the date a change occurred.
Your service specification is found only in the proposal document provided.
- Consumables
If the Customer agrees to allow Fullworks Cleaners to manage and provide adequate consumable stock as needed, the customer must notify Fullworks Cleaners of any faulty items within 7 days of receipt of the goods. A restocking fee and freight will be charged for returns. The delivery fee will be charged on stock orders of less than $150.00 supplied to Customer sites. The customer shall reimburse Fullworks Cleaners for all garbage bags and bin liners used by cleaners at customer sites.
- Goods or Service Claims
The Customer shall be deemed to have accepted goods or services provided as being in accordance with its requirements unless; it notifies Fullworks Cleaners of its claim within 7 days of receipt of the goods or services, or the Customer has an agreement to provide adequate consumable stock for the site as needed.
Fullworks Cleaners will not accept any return of allegedly defective or faulty goods or offer any leniency on the contract price payable, unless Fullworks Cleaners has given prior written authorization.
- Events beyond the control of Fullworks Cleaners
Fullworks Cleaners will be exempted from performing its obligations under this Agreement for so long as it is unable to do so due to reasons beyond its reasonable control (i.e. Customer changes alarm or access codes, or customer changes locks and does not supply new codes and/or locks to Fullworks Cleaners). Under these circumstances, Fullworks Cleaners shall still be paid for the service irrespective and shall not incur any expenses, nor suffer damages, for such withdrawal of services.
- Liability (changed from accidents on site)
All Fullworks Cleaners subcontractors are deemed to be insured with Public Liability Insurance. Fullworks Cleaners will not be responsible for any accidental damages incurred by Fullworks Cleaners subcontractors at any time. Any damage to a customer site must be reported by the Customer to Fullworks Cleaners within 24 hours and documented by the customer by email to [email protected] or using the Fullworks Cleaners Operations app message board.
Except as this Agreement specifically states, or as contained in any express warranty provided in relation to the Services, the Agreement does not include by implication any other term, condition or warranty in respect of the quality, acceptability, condition, description, or performance of the Services or any contractual remedy for their failure.
Other than as stated in this Agreement or any written warranty statement, we are not liable to you in any way arising under or in connection with the use of or any other dealings with the Services by you or any third party, save for our cost of re-attending to the Services.
We are not liable for any indirect or consequential losses or expenses suffered by you or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, save for our cost of re-attending to the Services.
- Changes in Ownership
In the event of the Customer, being an individual or partnership, incorporates his/her business and the Company continues to use the existing account, or the account is used by a Company of which he/she is a Director, he/she hereby agrees to personally guarantee all due debts. If the ownership of the Customer’s business changes, the Customer will remain liable for all debts incurred on this account until such time as Fullworks Cleaners is notified in writing of such change to [email protected].
- Change of Worker
Fullworks Cleaners agrees to provide the services contained in the specification and at its discretion may change the allocated cleaner servicing the customer site at any time.
- Force Majeure
We will have no liability to you in relation to any loss, damage or expense caused by our failure to complete the Services as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of our normal suppliers to supply necessary materials or services, or any other matter beyond our control.
If an event of force majeure occurs, we may suspend or terminate the Agreement by written notice to you.
- Restrictive Covenant
The Customer agrees that should the cleaning contract be terminated for any reason, that for a period of one (1) year from the date of termination, the Customer will not solicit or engage any Fullworks Cleaners employee or Subcontractor to work directly for the Customer in any capacity unless a selection fee equal to 30% of the Fullworks Cleaners employee or Subcontractor’s last 12 month’s invoices is paid by the Customer or recruiting organization to Fullworks Cleaners.
For the purposes of this covenant not to compete, competition is defined as soliciting or accepting employment by, or rendering services to, any person or organization that is or was a customer of the Fullworks Cleaners.
- Jurisdiction
The proper law of all contracts arising between Fullworks Cleaners and the Customer is the law of the State of New South Wales and the parties agree that all claims and disputes relating to the goods sold shall be determined in the Court of competent jurisdiction nearest Sydney.
- Headings
Headings to sections and paragraphs of this document are for ease of reference only.
- Fullworks Cleaners agrees to:
Provide the services referred to in the specification, on an ongoing basis in accordance with the Fullworks Cleaners Terms & Conditions until the termination of this agreement by either party and giving 30 days’ notice in writing.
Comply fully with all current legislation.
Ensure the security and confidentiality of your premises.
Always conduct itself in a courteous manner.
Perform the Services with due care, skill and diligence.
Conduct regular site visits to verify quality assurance standards.
Be responsible for the good and proper conduct of all persons controlled by us in the performing of the Services, and shall either personally or by a responsible representative, supervise their performance of the Services.
Perform the Services in a timely manner to the extent that it is within our reasonable control to do so.
Provide at our own cost and expense all labour, plant, equipment, and other materials including cleaning agents necessary for the execution and performance of the Services.
Provide on-going training for our employees on specific and best practice cleaning procedures.
- The Customer agrees to:
Provide access keys, swipe cards and alarm codes to the allocated Contractor for cleaning outside normal business hours.
Advise Fullworks Cleaners of any restrictions on access to premises or any part thereof, provided that Fullworks Cleaners will not be liable for any loss or damage whatsoever if it has not confirmed in writing that it has received such advice.
Settle all accounts in full by the due date.
Record any accidents or damages in the Fullworks Cleaners Communications booklet on-site.
Keep Fullworks Cleaners advised of any contact changes.
Provide us with your specific requirements, relevant information, specifications, drawings and other documents, if any, in relation to the Services. We need not commence any work until we have received all necessary details pertaining to the Agreement.
Take all reasonable steps to avoid doing or omitting anything which may delay us in performing the Services.
Discharge your obligations reasonably and in good faith.
Provide all consumable products including garbage bags, bin liners and a secure area suitable for our cleaning equipment; and
Provide training specific to you and/or the premises at which the Services are to be conducted, including but not limited to safety and procedural matters.
The Customer has read and accepts the terms contained in this Agreement are correct and agrees to abide by these Terms and Conditions.