Terms and Conditions

TERMS AND CONDITIONS OF BUSINESS OF
Kardas Enterprises Pty. Ltd. Trading as Plinto Cleaning (“Plinto Cleaning”)

1 DEFINITIONS
The following expressions shall have the following meanings:
a) “Supplier” means Plinto Cleaning of Bundoora, VIC 3083 AUSTRALIA;
b) “Customer” means ‘you’ and any person who purchases Services from the Supplier;
c) “Proposal” means a statement of work, quotation or other similar document describing the Services;
d) “Services” means the services as described in the Proposal and includes any materials required to complete the work;
e) “Premises” means the location and/or address provided by the Customer either verbally or in writing.
f) “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by the Supplier;
g) “Order” means the formal acceptance by the Customer of the Proposal;
h) “Agreement” means the contract between the Supplier and the Customer for the provision of the Services incorporating these Terms and Conditions;
i) “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, right to extract or exploit information from a database, database rights, know-how, confidential information or process, any application for any of the above, and any other Intellectual Property Right recognised in any part of the world whether or not presently existing or applied for;
j) “Adjudicator” is the party nominated to resolve a dispute between the Customer and the Supplier.
k) “Scope” means the Scope of Works

2 GENERAL
a) These Terms and Conditions shall apply to the Agreement for the supply of Services by the Supplier to the Customer and shall supersede any other documentation or communication between the Supplier and the Customer.
b) The Supplier must agree any variation to these Terms and Conditions in writing.
c) Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services, by virtue of any statute, law or regulation.

3 PROPOSAL
a) The Proposal for Services is attached to these Terms and Conditions.
b) The Proposal for Services shall remain valid for a period of 30 days unless stated otherwise in The Proposal.
c) The Proposal must be accepted by the Customer in its entirety.
d) The Customer shall be deemed to have accepted the Proposal by placing an Order (verbally or written) with the Supplier.
e) The Agreement between the Supplier and the Customer, incorporating these Terms and Conditions, shall only come into force when the Supplier confirms an Order in writing or verbally to the Customer. Prior to any confirmation the Supplier has the right to refuse any Order.

4 SERVICES AND DELIVERY
Subject to the terms of this Agreement, Plinto Cleaning agrees to provide specified cleaning services (the “Service”) to the Customer at an address specified by the Customer (the “Premises”).
a) The Service will be for such cleaning duties as agreed with the Customer at the time of booking.
b) Plinto Cleaning will provide one or more cleaners (the “Cleaner”) to attend the Premises to provide the Service at a time and date mutually agreed between Plinto Cleaning and the Customer (the “Service Time”).
c) Plinto Cleaning endeavours to provide the Service faithfully, diligently and in a timely and professional manner.
d) Any changes to the Service to be provided must be agreed by Plinto Cleaning prior to the Service Time.
e) If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact Plinto Cleaning by telephone, who may agree to provide the additional services in its absolute discretion. The Cleaner is not authorised to agree to any changes to the Service being provided. The Customer must not request such changes directly from the Cleaner.

5 PRICE AND PAYMENT
a) The price for Services is as specified in the Proposal and is not inclusive of GST
b) Supplier is NOT registered to GST, therefore GST will no be charged.
c) The price for any materials required to complete the Services is as specified in the Proposal.
d) Where a deposit is needed it will be stated in The Proposal. If stated in The Proposal a deposit of 25% will be required from the Customer prior to the ?commencement of any work for the cleaning service(s).
e) The terms for payment are as specified in the Proposal.
f) The Customer must settle all payments for Services within 14 days from the invoice date.
g) The Supplier is also entitled to recover all reasonable expenses incurred in obtaining payment from the Customer where any payment due to the Supplier is late.
h) The Customer is not entitled to withhold any monies due to the Supplier unless appropriate notice of not less than 5 Days prior to the payment date is given. The amount to be withheld and the reasons must be clearly specified.
i) The Supplier is entitled to vary the price to take account of:
a. Any additional Services requested by the Customer which were not included in the original Proposal
b. Any increase in the cost of materials
c. Any additional work required to complete the Services which was not anticipated at the time of the Proposal
d. And the Supplier must intimate any variation to the Customer in writing.
j) In the event that advance payment for Services has been made by the Customer to the Supplier and the cleaning operative fails to attend or the Customer cancels the Services within the time allocation permitted in these Terms and Conditions the Customer shall be entitled to a refund.
k) Payments may be made via PayPal (accept all credit card payments), bank transfer, cheque or cash.
l) PayPal payments will incur a 2.4% and a $0.30c Fixed Fee (PayPal Fees for a service payment transfer)
m) Cheque payments should be make payable to Plinto Cleaning

6 CANCELLATION / RESCHEDULING FEES
a) The Customer must provide Plinto Cleaning with at least more than 2 hours notice prior to the Service Time, if they wish to suspend, postpone or cancel the Service for any reason.
b) In the event that such notice has been given, Plinto Cleaning will endeavour to reschedule the Service if required.
c) When notice is given less than two hours prior to cleaning or in case when hot water and/or electricity is disconnected, there will be a $25.00 cancellation/rescheduling fee.
d) In the event that the Customer does not provide unencumbered access the Premises for Plinto Cleaning or its Cleaners to provide the Service, the Customer agrees to pay a cancellation fee equivalent to 2 hours cleaning for administrative and travel costs.

7 LATE PAYMENT FEE
a) Where Plinto 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 14 days of the invoice date.
b) The Customer agrees that if Plinto 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.
c) In addition to the amounts set out above, the Customer agrees to indemnify Plinto Cleaning for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Plinto 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.

8 JOB QUOTATIONS
a) Any price quoted by Plinto Cleaning is an approximation cost only, based on Plinto Cleaning’s experience and on the scope of works document provided to the customer or viewed on the website, 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.
b) 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 Plinto Cleaning, Plinto 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.
c) The Customer must inform Plinto Cleaning if there are any additional cleaning services required.
d) If the customer advises Plinto Cleaning of less work to be completed, and it is apparent on-site that there are additional Services, the customer will be notified and advised of additional costs for the extra services. The customer can agree to have only the services quoted completed, or pay the additional cost for the additional services.

9 BOOKINGS
a) The Customer may make a booking either in person, by either telephone, email or on the Plinto Cleaning 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) Plinto Cleaning provides all quotations at the time of booking.
d) Plinto Cleaning reserves the right not to accept a booking for any reason.

10 SCOPE OF WORKS
a) The customer will be provided a ‘scope of works’ document in relation to their cleaning requirements
b) The Scope details all different areas, and what is covered as the base quoted amount for the clean
c) Additional services listed on the Scope are not included in the base quote unless Plinto Cleaning advises.
d) The customer must inform Plinto Cleaning of services not listed in the Scope
e) Services not listed in the Scope may be charged at an additional cost.

11 CARPET CLEANING
a) There are 2 choices of Carpet Care Cleaning
a. STANDARD CARPET CLEANING includes a 4 Step Process: Pre Inspection of Areas, Pre-Vacuum of Areas, Pre-Srpay / Light Spot Stains, Steam Cleaning.
b. DELUXE CARPET CLEANING includes a 6 Step Process: Pre Inspection of Areas, Pre Vacuum of Areas, Pre Treat All Stains, Pre-Spray Conditioner, Steam Cleaning, Deodorising and Neutralising.
b) STANDARD CARPET CLEANING is quoted for End of Lease / Vacate Cleaning / Moving In Cleaning.
c) DELUXE CARPET CLEANING is at additional costs, and customer must advise Plinto Cleaning if they require our Deluxe Carpet Cleaning service.
d) Furniture moving is not included in the carpet cleaning services, and will incur charges if furniture is required to be shifted around.
e) Not all stains are removable.
f) Plinto Cleaning is not responsible for any stains or damage of carpets that have been previously obtained by the customer or third party.
g) Cleaning of Stairs and Upholster incur additional costs.

11 CUSTOMER OBLIGATIONS
a) The Customer will provide access to the Supplier at the times specified in these Terms and Conditions and will co-operate with all reasonable requests by the Supplier.
b) The Customer will provide electricity, hot water, cold water, toilet facilities and spare keys (if required) to the Supplier at no cost for the purpose of completing the Services. Please see 5.2 under cancellation if these are not provided.
c) The Customer will apply for, obtain and meet the cost of all necessary approvals and permissions required to complete the Services prior to the commencement of the work.
d) A detailed list of cleaning specifications (if applicable) must be provided by the Client to the Supplier prior to the commencement of the Services.
e) The Customer will take all reasonable steps to ensure that the Supplier does not sustain any damage or loss to any equipment stored on site.
f) The Customer shall be liable for any expenses incurred by the Supplier as a result of the Customers failure to comply with the obligations as defined by these Terms and Conditions.
g) The Customer shall inform the Supplier of all relevant health and safety rules and security requirements that apply to the premises to be cleaned.
h) The Customer will provide a safe working environment at the Premises for the Cleaner to perform the Service
i) The Cleaner will have unencumbered and unobstructed access to those areas of the Premises requiring the Service
j) It will advise Plinto Cleaning prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the Premises
k) It is authorised to use the Premises and obtain the provision of Service
l) If the Customer requires the Cleaner to clean behind or under any heavy items (eg. a fridge, bookshelf, or other furniture), it will move those items prior to the commencement of the Service
m) It will secure or remove any fragile, delicate, breakable or valuable items, including cash, jewellery, works of art, antiques, or items of sentimental value prior to the commencement of the Service.

12 SUPPLIER OBLIGATIONS
a) The Supplier shall supply the Services as specified in the Proposal.
b) The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice.
c) The Supplier shall comply with all relevant health and safety regulations.
d) The Supplier shall ensure that all necessary licenses and permissions required providing the Services are current.
e) The Supplier shall hold valid employer and public liability insurance policies.
f) The Supplier shall notify the Customer in writing of any intention to engage a subcontractor.
g) The Supplier shall supply all cleaning equipment and materials.
h) The Supplier shall take all reasonable steps to avoid damage to items belonging to the Customer and requests that all fragile, sentimental and valuable items be removed from the area to be cleaned. In the event of damage the Supplier shall attempt to replace the item or credit the Customer with the actual cash value of the item should the Supplier accept responsibility for the damage.
i) The Supplier does not guarantee to remove any stains, marks, burns or spillages.
j) The Supplier shall take all reasonable steps to complete the Services within the time agreed with the Customer but may need to extend the hours required to complete the job. In particular, one-off cleans may take longer to complete due to extended intervals between cleaning sessions and the number and type of cleaning tasks required, when compared to the regular maintenance cleaning of the same property.
k) If a Supplier fails to attend the Premises within 1 hour of the Service Time and does not provide the requested Service, Plinto Cleaning will provide the Customer with either:
a. A full refund of payments made by the Customer; or
b. Offer to reschedule the Service at another time mutually agreed between the Customer and Plinto Cleaning.

13 ENGAGEMENT OF STAFF
a) The Customer acknowledges Plinto Cleaning invests significant resources in recruiting, selecting and training its Cleaners. Unless Plinto 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 Plinto Cleaning or for a period within 12 months after the conclusion of any Service.
b) The Customer acknowledges that Plinto Cleaning may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Customer.

14 COMPLAINTS
a) If the Customer is dissatisfied for any reason with the Service provided, it must inform Plinto Cleaning within 48 hours of completion of the Service. Plinto Cleaning strives to achieve 100% customer satisfaction and will endeavour to resolve the problem quickly and efficiently. Plinto Cleaning may, at its discretion, offer the Customer either of the following:
a. Re-supply of the Service without charge;
b. Such other remedy as deemed appropriate by Plinto Cleaning.
b) In the case where the customer is unsatisfied with the services provided, the customer must advise Plinto Cleaning within 48 hour period. Plinto Cleaning will offer to return to the premises free of charge.

15 EXCLUSIONS AND LIMITATIONS
a) 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 Plinto Cleaning are excluded.
b) 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 Plinto Cleaning gives no guarantee as to the actual results of the Service.
c) Except to the extent provided in this clause, Plinto 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 Plinto 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 Plinto Cleaning).
d) The only conditions and warranties which are binding on Plinto Cleaning in respect of the state, quality or condition of goods and services supplied by Plinto Cleaning to Customers are those imposed and required to be binding by statute (including the Trade Practices Act 1974).
e) To the extent permitted by statute, the liability, if any, of Plinto Cleaning is, at Plinto Cleaning’s option, limited to and completely discharged by the resupply of the Service. Plinto Cleaning is not responsible for:
a. 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 utility services, a safe working environment or unencumbered access to the Premises)
b. Not completing or providing the Service as a result of the Cleaner not proceeding for health and safety reasons
c. 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 Plinto Cleaning
d. 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
e. Existing dirt, wear, damage or stains that can not be completely cleaned or removed
f. Any wear or discolouring of fabric or surfaces becoming more visible once dirt has been removed
g. 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
h. The cost of any key replacement or locksmith fees, unless keys were lost by Plinto Cleaning or the Cleaner.

16 ACIDDENTS, DAMAGE, THEFT AND BREAKAGE
a) The Customer must inform Plinto 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.
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 Plinto Cleaning 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 Plinto Cleaning under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.

17 DEFECTIVE SERVICES
a) The Supplier guarantees that the Services will be free from defects.
b) Clause 16.a does not apply:
a. If a fault arises due to any subsequent damage not due to a defect in the Services;
b. If a fault arises due to willful damage, failure to follow instructions, misuse, alteration, improper maintenance or negligence on the part of the Customer or a third party.
c) If the Services are found to be defective in accordance with these Terms and Conditions then the Supplier shall, at their sole discretion, either re-perform the Services or refund any monies paid for the defective Services.
d) Where the Services are defective or do not comply with the Agreement the Customer must notify the Supplier in writing within 24 hours from the time the defect is ascertained.
e) If the Customer has not paid for the Services in full by the date the defect in Services is notified to the Supplier then the Supplier has no obligation to remedy the defect in terms of this Condition 16.

18 INTELLECTUAL PROPERTY RIGHTS
a) All intellectual property rights, registered or unregistered, including but not limited to patents, trademarks, design rights and know-how remain the property of the Supplier and cannot be used by the Customer without the written permission of the Supplier.

19 PROPERTY AND RISK
a) Risk in any property or materials used to provide the Services shall pass from the Supplier to the Customer when the property or materials leave the premises of the Supplier or on delivery if the Supplier is transporting the items.
b) Title or ownership of any property or materials belonging to the Supplier remains with the Supplier throughout the period of the Agreement.
c) Adequate insurance should be held by the Customer to protect any property or materials that are within their care.
d) The Customer must store any property or materials belonging to the Supplier separately from any other property or materials belonging to the Customer or a third party.

20 TERMINATION
a) The Agreement shall continue until the Services have been provided in terms of the Proposal or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
b) The Customer may terminate this Agreement by providing at least more than 2 hours notice prior to the Service Time.
c) Subject to clause 19.d, Plinto Cleaning may terminate this Agreement by providing the Customer with at least 24 hours notice prior to the Service Time.
d) Plinto Cleaning may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of Plinto Cleaning, that breach is incapable of remedy.
e) Either party may terminate the Agreement by notice in writing to the other if:
a. The other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
b. The other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
c. The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
d. The other party ceases to carry on its business or substantially the whole of its business; or
e. The other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
f) In the event of termination the Customer must make over to the Supplier any payment for work done and expenses incurred up to the date of termination.
g) Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.

21 CHANGES TO THIS AGREEMENT
a) Plinto 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.
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 cleaning schedule, constitutes their agreement to follow and be bound by the terms and conditions as changed.

22 WARRANTIES
a) The Supplier warrants that the Services will be performed using all reasonable skill and care.

23 LIMITATION OF LIABILITY
a) Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.
b) The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
c) For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.

24 INDEMNITY
a) The Customer shall indemnify the Supplier against all claims, costs and expenses, which the Supplier may incur and which arise directly or indirectly from the Customer’s breach of any of its obligations under these Terms and Conditions.
b) The Supplier undertakes that it will indemnify and hold harmless the Customer against all proceedings, costs, expenses, liabilities, injury, death or damages arising from negligent performance or breach or failure of performance by the Supplier of any obligations under these Terms and Conditions.
c) 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 10;
d) All legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Plinto Cleaning in connection with a demand, action, and 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).

25 SETTLEMENT OF DISPUTES
a) Any dispute arising under this Agreement will be referred to and decided by the Adjudicator.
b) A party wishing to refer a dispute to the Adjudicator shall advise the other party of this intention in writing at any time during the term of this Agreement. The dispute must then be referred to the Adjudicator within seven (7) days of this intention being intimated.
c) The Adjudicator shall act impartially and be free to take the initiative in ascertaining the facts and the law. The Adjudicator must reach a decision within twenty eight (28) days of referral or such longer period as the parties may agree.
d) During the period of adjudication both parties must continue with their obligations as stated in this Agreement.
e) The decision of the Adjudicator is binding on both parties unless and until revised by legal proceedings, arbitration or agreement.
f) The Adjudicator will decide which party is liable to meet the fees of the adjudication and in what proportion if both parties are held liable.

26 FORCE MAJEURE
a) Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

27 ASSIGNMENT
a) The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Supplier.

28 SEVERANCE
a) If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall
b) Be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

29 WAIVER
a) The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.

30 NOTICES
a) Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Proposal or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.

31 ENTIRE AGREEMENT
a) These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.

32 LAW AND JURISDICTION
a) The Customer and Plinto Cleaning acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of Victoria and both agree to submit to the exclusive jurisdiction of the courts of Victoria in the event of any dispute.

33 TRADEMARK
a) The name ‘Plinto Cleaning’ is a registered trademark. Subject to applicable law, permission to use this name is forbidden without first obtaining the prior written permission of Plinto Cleaning.