These terms and conditions are a contract with Eko Cleaning Solutions (Eko) for provision of the Cleaning Services.

In this document, the "Client” refers to any person who places an order through email, telephone, in person or online enquiry form for the Cleaning Services.

Please read this agreement carefully and save it. 

Background

The Client requires an independent company to provide or to arrange for the provision of Cleaning Services at their premises and Eko is able and willing to provide or to arrange those services on the terms and conditions of this agreement.

It is now agreed as follows:

  1. Definitions

The following definitions apply in this agreement:

"Cleaning Services"

means the cleaning services either in the domestic and/or commercial premises as fully described in paragraph 2 to this agreement.

“Cleaner”

means any person engaged by Eko to perform the Cleaning Services in accordance with the directions from Eko.

“Confidential Information”

means all information about the parties’ respective businesses, without limit.

1. Cleaning Services

Subject to the terms and conditions of this agreement, Eko agrees to provide either domestic and/or commercial cleaning services.

    1. Eko is in the business of providing "Cleaning Services" which may include one or more of the following:

      1. sweeping and vacuuming floors and carpets;

      2. washing walls, woodwork and tiled floors;

      3. dusting and polishing wood and metal and furniture;

      4. disposal of household waste;

      5. washing and drying of crockery, cutlery and glassware;

      6. sweeping of paths and the driveway and the entrance area to the house

      7. cleaning of bathrooms and kitchen and the appliances and fittings in them;

      8. window cleaning, and

      9. such other tasks which are generally included in the expression 'cleaning services'.

    2. Eko agrees that, subject to the payment of remuneration at the agreed rate, it will arrange Cleaning Services for the Client.

    3. Eko may enter into as many contracts similar to this contract with as many different clients without prejudice to this agreement.

    4. Eko shall use all reasonable care with the treatment of the Client's premises and possessions and, in particular, shall ensure that:

      1. all accidental breakages or other damage in or around the premises are promptly reported to the Client.

      2. the Client's premises shall never, in the course of the performance of the Cleaning Services, be left empty and unsecured.

    5. Eko shall not disclose to any person, during the contract or after its termination, any information about the Client or any affiliated persons, gained in the course of performance of the Cleaning Services.

    6. Eko shall be solely responsible for paying any person engaged to perform the Cleaning Services for the Client. The Client will not personally engage the Cleaner to perform additional tasks without the prior approval from Eko, and shall not pay any monies directly to the Cleaner.

    7. The Client must book cleaning services with Eko either by email, phone or the online booking form.

    8. Any requests to change the type of services required by the Client must be agreed by Eko two hours prior to the Cleaner arriving at the premises.

  1. Client’s obligations

The Client agrees that:

    1. he/she will ensure the premises are safe for the Cleaner to complete the Cleaning Service;

    2. he will allow the Cleaner will be able to enter into the premises without encountering any impediments;

    3. he will ensure there is access to necessary services, such as hot and cold water, electricity and waste disposal for the Cleaner to be able to fulfil all necessary tasks.

    4. any equipment and/or products provided by the Client is at their own discretion and must satisfy required safety standards;

    5. he must inform Eko of any hazardous circumstances, such as dangerous or slippery surfaces, or any risks that may arise while the Cleaner is at the premises;

    6. the Cleaner reserves the right not to lift heavy items/objects should the Client request this task. Eko encourages the Client to follow health and safety requirements if they wish to position these items/objects in other areas of the premises.

    7. he will remove and/or safeguard valuable belongings that are usually stored in the area of the premises where the Cleaner will be engaged.

  1. Price and payments

    1. The price for the Cleaning Services of residential premises is set out on Eko’s website.

    2. For the commercial premises Eko shall issue a quotation to each Client, providing an estimate of work to be completed. The final price may vary depending on the scope of work performed on the day and any additional services required and agreed upon between Eko and the Client.

    3. Eko will seek approval from the Client for any alterations to the agreed work and/or additional services to be performed before commencing any work.

    4. An invoice will be issued by Eko to the Client within 24 hours of completion of the Cleaning Service. The Client shall pay Eko within 7 days from the date of completion of the Cleaning Services by way of direct bank deposit as outlined on the invoice.

    5. A late fee of $10 will be charged per day for each day after the 7 day period that payment has not been received.

    6. Prices are inclusive of any applicable GST.

    7. The days and hours to be worked on any day in the week shall be agreed between the Client and Eko at least one day before the Cleaning Services are undertaken by Eko.

    8. Eko will refund any payments made by the Client if the Cleaner does not come to premises within two hours after the scheduled time. Otherwise, the Client and Eko can arrange for the Cleaning Services to be completed at another time.

  2. Confidentiality

    1. The parties are both aware that from time to time they will each have access to and be entrusted with Confidential Information of the other.

    2. They now undertake for themselves and every employee or sub-company whose services they may use both during and after termination of this contract that they will not divulge to any person whatever or otherwise make use of (and shall use our best endeavours to prevent the publication or disclosure of) any Confidential Information.

    3. Without prejudice to the generality of the rest of this paragraph, Eko shall not alter or disclose any computer or computer programme password which the Client uses and shall preserve all documents and computer records belonging to the Client.

    4. The parties hereby undertake to the other to make all relevant employees agents and contractors aware of the confidentiality of information and the provisions of this paragraph and to take all such steps as shall from time to time be necessary to ensure compliance with these provisions.

    5. The Client agrees that any information they provide may be used by Eko for the purpose of completing cleaning tasks.

    6. Eko will take all necessary steps to protect personal information provided by the client to prevent loss, misuse and unauthorised access.

  3. Limitation of liability

    1. The following provisions set out Eko's entire liability (including any liability for the acts and omissions of its employees) to the Client in respect of:

      1. any breach of its contractual obligations arising under this agreement; and;

      2. any representation statement or tortious act or omission including negligence arising under or in connection with this agreement.

    2. Any act or omission on Eko's part, falling within this paragraph shall be known as an ‘Event of Default’.

    3. The Client must report to Eko any damage presumably caused by the Cleaner must within 24 hours of occurring it. After that period the Client cannot claim for loss or damage if the event is not reported.

    4. Eko's entire liability in respect of any Event of Default shall be limited to damages of an amount equal to the total price paid by the Client in the 12 month period immediately preceding the start of the Event of Default.

    5. Eko shall not be liable to the Client in respect of any Event of Default for loss of profits goodwill or any type of special, indirect or consequential loss (including loss or damage suffered by the Client as a result of an action brought by a third party) even if such loss was reasonably foreseeable or Eko had been advised of the possibility of the Client incurring the same.

    6. If a number of Events of Default give rise to substantially the same loss then they shall be regarded as giving rise to only one claim under this agreement.

  4. Safety and insurance

    1. The Client warrants that he:

      1. holds and will maintain appropriate insurances and in particular, occupier's liability insurance, against risks of events which could reasonably be expected to cause injury, loss or damage to the Cleaner in any way.

      2. will provide a safe place of work wherever the Cleaner may need to operate during the work.

      3. has made arrangements with relevant third parties, statutory authorities and any other relevant authority, for permissions, licences and the like, for the work to be undertaken on the premises.

      4. will arrange for his own employees and contractors to facilitate the work of the Cleaner. This provision is limited to reasonable and simple arrangements and excludes any work which is not work any of them could reasonably be expected to do.

    2. Eko undertakes to obtain insurance against liability for negligence in work done under this agreement and against third party liability whilst working at the Client’s premises, and agrees to provide evidence of the insurance to the Client upon request.

  5. Cancellation and termination

    1. The Client must give Eko at least 24 hours written notice to cancel the Cleaning Services.

    2. Ongoing Cleaning Services may be terminated immediately:

      1. by Eko if the Client fails to pay any sum within 28 days of the due date, and

      2. by either party if the other commits any material breach of any term of this agreement and which in the case of a breach capable of being remedied is not remedied within 30 days of a written request to remedy it, and

      3. by either party if a trustee, receiver, administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding-up of the other party or for the making of an administration or bankruptcy order (otherwise than for the purpose of amalgamation or reconstruction) unless an application has been made under the Treasury Laws Amendment (2017 Enterprise Incentive no.2) Act 2017.

    3. The termination of this agreement by this paragraph shall be without prejudice to any other rights or remedies to which a party may be entitled.

  6. Entire understanding

This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties. Each party acknowledges that, in entering into this agreement, he/she does not rely on any representation or other term not forming part of this agreement.

  1. Miscellaneous matters

    1. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

    2. If any term or provision of this agreement is at any time held to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

    3. In the event of a dispute arising out of this agreement, the parties undertake to attempt to settle it through professional mediation before commencing litigation.

    4. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party. .

    5. Any communication to be served on either of the parties by the other party shall be delivered by hand or sent by express post or delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 

    1. The validity, construction and performance of this agreement shall be governed by the laws of State of NSW and the parties agree that any dispute arising from it shall be litigated only in that state.

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