Cleaning Studio

Terms and Conditions

Legal Contract

1) The Cleaning Studio (“we”, “us” or “our” and our officers, employees or assigns) provides an online booking platform for Customers (“you”, “your” and your successors and assigns) to find and book cleaning services.
2) When you book cleaning services through our website, these terms and conditions will apply.
3) By checking the “I agree” box you are agreeing to be bound by these terms and conditions. If you do not agree with any of these terms and conditions, your remedy is to cease using the website.
1 Definitions
1) In this agreement, the following definitions apply:
2) Booking Fee means that amount paid by you to secure your booking as notified on our website.
3) Service Agreement means that agreement between cleaners and us agreeing the terms of the cleaner’s relationship with us.

Relationship between the parties

1) Our website provides the platform for introductions between people wanting to find a cleaner and high quality cleaners who have agreed to go through checks to demonstrate their performance. When you book a cleaner using our website, you will be entering into an independent agreement with that cleaner.
2) You acknowledge and agree that:
(a) Your cleaner is not our employee or subcontractor;
(b) Your cleaner is not providing services to you on our behalf;
(c) We are only the cleaner’s agent for the purposes of booking jobs and receiving payments from the customer; and
(d) We are not an agent of any customer.

Restraint

(a) A lot of effort goes in to ensuring the cleaners who register with The Cleaning Studio are great cleaners. You acknowledge that it is important for The Cleaning Studio to protect our business so that we can continue to provide this platform in the future. For this reason, you acknowledge that if you book a cleaner who you have found through The Cleaning Studio outside our platform you will cause us a loss.
(b) You agree that if you hire a cleaner you have found through The Cleaning Studio directly, without our written consent, you will pay us an amount calculated as your monthly cleaning fee multiplied by six (6) or $1,800, whichever is the greater, as a liquidated debt.

Using the Website

1) You can use our website to:
(a) Request and book cleaning jobs with cleaners;
(b) Make payment for cleaning services;
(c) Rate cleaners;
(d) Manage your Cleaning Studio account; and
(e) Purchase cleaning products.
1) You must be 18 years old to create an account and use our services or purchase any products.
2) To use the services, you must create an account with the Cleaning Studio. When creating an account you agree to:
(a) Provide true and correct details when you set up your account;
(b) Keep your contact details up to date;
(c) Open and maintain a valid bank account;
(d) Remain responsible for any activity that occurs on your account; and
(e) Keep your username and password secure and confidential and not to share your access with anyone else;
(f) Accept electronic communications from us (you may unsubscribe from these at any time);
(g) Authorise us to disclose financial information, card related profile and purchase behaviour to third party institutions such as banks and financial agencies (including without limitation Visa, MasterCard and American Express); and
(h) Enter into a valid and binding direct debit request and any other agreements or requirements of banks and financial institutions for the purposes of processing your payments.
1) We reserve the right to suspend, terminate or disable your account if we believe that you are in breach of any of these terms and conditions.

Making a Booking

1) Once a booking is requested, we will confirm the booking as soon as possible (usually within 24 hours). [Is this correct?]
2) We do not guarantee that a cleaner will accept any job request.
3) If a cleaner is unable to attend a job for any reason, we will try our best to find a replacement. However, we cannot guarantee that a replacement may be found.
4) If we cannot find you a replacement Cleaner, we will reschedule your Booking to a time convenient for you. If we cannot find a suitable time for you, you may cancel the Booking at no charge.

Rescheduling a Booking

1) If you wish to reschedule a booking, we will need at least 24 hours notice before the cleaning service was scheduled to begin.
2) If you reschedule a booking within 24 hours before the Cleaning Service is scheduled to begin, you will be charged an administration fee equivalent to the value of the booking fee. This includes where the cleaner attends the property but is unable to clean for any reason (e.g. key not left).
3) You can reschedule through your account or by calling us on 1300 879 170 or sending an email to reception@thecleaningstudio.com.au.

Cancelling a Booking

1) If you wish to cancel a booking, we will need at least 24 hours notice before the cleaning service was scheduled to begin.
2) If you cancel a booking within 24 hours before the Cleaning Service is scheduled to begin, you will be charged an administration fee equivalent to the value of the booking fee. This includes where the cleaner attends the property but is unable to clean for any reason (e.g. key not left).
3) You can cancel through your account or by calling us on 1300 879 170 or sending an email to reception@thecleaningstudio.com.au.

Undertaking the job

1) The cleaner will arrive at your property at the agreed time.
2) The cleaner will undertaker the job to a professional standard for the duration of the agreed time frame.
3) Where the job has not been completed satisfactorily (as determined by us acting reasonably) the cleaner will rectify the issue at the earliest availability.
4) If the cleaner is unable to access the property for any reason (for example, a key not being left) you will be charged an administration fee equal to the Booking Fee.
5) The cleaner will not be liable for minor wear and tear during a job and will not be liable for any breakages of items with a value under $100, if the breakage was genuinely accidental.
6) You represent and warrant that:
(a) The cleaner will have unencumbered and unobstructed access to the property;
(b) You will safety restrain all animals at the property while the cleaner is performing the services;
(c) All electrical equipment is in working order;
(d) Appropriate cleaning products and equipment are available at the property for the cleaner to use;
(e) There are no dangerous elements on the property, or if there are dangerous elements, that you have alerted the cleaner to them;
(f) You will remove or secure any fragile, delicate, valuable items; and
(g) There are no unannounced persons on the property.
1) If any of the representations and warranties referred to in clause 8.6 above, the cleaners may not be able to complete the job and we will not be liable for any loss, delay or incomplete work that occurs as a result.

Ratings

1) You can provide a rating through your account. When providing ratings, you agree to be accurate, factual and provide truthful information.
2) If you are dissatisfied in any way, we require that you discuss the problems with us first.
3) If you submit a review relating to the services, you grant us the right to publish your name and review on the website. We reserve the right to edit a review or testimonial to reduce to the length or change the presentation, but without changing the meaning.
4) We reserve the right to remove a rating that is written in language that could be seen to be insulting or derogatory, or which we deem, in our sole discretion, to be inaccurate or unfair.

Health and Safety

1) You agree to provide a safe working environment. The cleaner is entitled to undertake a health and safety assessment of your property prior to commencing work.
2) If a cleaner feels as though there is a safety risk at the property, the cleaner is entitled, at their sole discretion, to suspend or cease the cleaning services.

Insurance

1) We strongly advise that you obtain Household Workers Insurance for any period that you engage a cleaner on your property. This can be obtained through WorkSafe Queensland.
2) We are not responsible for any accidents or injuries suffered by cleaners while they are performing cleaning services on your property.

Theft, Damage and Injury

1) You enter into arrangements with cleaners entirely at your own risk. We recommend that you take out appropriate insurance to cover theft or damage.
2) We recommend that you remove or securely store valuable items (in particular jewelry, cash, works of art and electronic equipment) while cleaning services are being performed.
3) Neither us or the cleaners will be responsible for any loss or damage caused by defective cleaning materials or equipment supplied by you.

Recommendations

1) If we promote any products or services via our website it is because we believe that they are of professional standard. You must exercise your own judgment based upon your own personal circumstances before purchasing any products or services.

No Guarantee

1) Note that the results of the service will depend on a variety of factors, including material used, equipment provided, time lapsed since the property was last cleaned. Therefore, we make no representation as to actual results of the service.

Our Responsibilities

1) We will ensure that:
(a) The cleaning services provided by your cleaner have been approved to our standards before the cleaner can register for work through The Cleaning Studio platform; and
(b) The cleaners registered with The Cleaning Studio have undertaken and passed reference and police checks.

Fees

1) We will provide a quote for fees prior to the first job at the relevant property.
2) Fees will be charged on the average time that it takes to clean a property of your size.
3) A list of standard cleaning services can be found on our website at https://thecleaningstudio.zendesk.com/hc/en-us/articles/115003015928-What-is-included-in-my-service-.
4) Additional fees will be quoted if you wish to add any extra cleaning services in addition to the standard cleaning services.
5) If at the start of the job or during the course of providing the services, it is apparent that the cost will exceed the quotation given, the cleaner will inform you and give you the option of paying an increased fee to complete the job.
6) If you do not wish to pay the additional cost, you may prioritize certain tasks within your allocated budget. These must be written and given to the cleaner before starting the job.
7) [Are there any certain jobs that your cleaners get ‘surprised’ by? For example, end of tenancy cleaning that would take longer than usual?]

Payments & Refunds

1) All fees must be paid through the Cleaning Studio website by direct credit or direct debit. We will send you a receipt and invoice to your nominated email address. [Is this correct?]
2) You should not leave any cash for the cleaner or pay the cleaner directly. We will make payment to the cleaner.
3) Fees will be charged to your nominated credit card immediately following completion of each job.
4) You are responsible for ensuring that you have sufficient funds in your account to pay fees in full and on time.
5) We will provide a refund or credit a portion of the fee paid where, by no fault of the customer, the job is not performed satisfactorily. Refunds will be at our sole discretion.
6) If you believe that any fees have been charged incorrectly, you must notify us within 10 days of the date of the invoice.

Insufficient funds

1) If there are insufficient funds in your account to meet a payment you may be charged dishonor fees by your financial institution. [Does your bank charge any specific dishonor fees?]
2) Where payment has been declined, future bookings may be cancelled by The Cleaning Studio until you bring payments up to date, and update your payment details.
3) In the event that your account remains in default, details of your account and the default may be passed onto a debt collection agency for recovery. Any costs associated with debt collection will be added to amounts that you already owe.

Privacy

1) We maintain a privacy policy that complies with the Privacy Act for personal information that we collect and handle.
2) You can find a copy of our privacy policy at https://www.thecleaningstudio.com.au/legal/privacy_policy

Security

1) We make efforts to maintain the security of our website. However, we do not guarantee the security of the website, our records, or your content.
2) We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.
3) Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time.

Third Party Software

1) Access to the website is dependent on third party services (including without limitation, banks and credit card providers, hosting services, telecommunication services) and we will not be liable for interruptions to the availability of the website due to failure of third party services.

Intellectual Property

1) We own the intellectual property rights in the contents of this website, or have permission to use or display the material on this website.
2) By using the website we grant you a non-exclusive license to view the website and use the website with us for the purpose of booking cleaning services and making payment for those services.
3) You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us.

No unlawful or prohibited use

1) As a condition of your use of the website, you warrant that you will not use the website for any purpose that is unlawful or prohibited by these terms and conditions.
2) You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You agree not to hack into areas of the website that are not intentionally made available to you.
3) You expressly agree not to:
(a) use the website as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business, without our prior approval; [would this ever be possible?]
(b) engage in any internal or external spamming, or other similar actions;
(c) engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions; and
(d) decompile, reverse engineer, or try to copy or imitate the this website or underlying content.

Liability

1) You agree to use our website at your own risk and you acknowledge that we do not undertake cleaning services on our own behalf. Therefore, we are not responsible for the actions of a cleaner.
2) Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we exclude all conditions and warranties that may be implied by law.
3) To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our sole discretion to:
(a) In the case of services:
(i) To re-supply of services; or
(ii) Pay the cost of re-supply of the services.
(a) In the case of products:
(i) Replace the defective products; or
(ii) Refund the cost of the defective products.
1) We have 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 the cleaners (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 our cleaners)

Indemnity

1) You agree to indemnify us against any loss, damage, cost or expense that we may incur as a result, or in connection with, your conduct or use of our website, including any breach of these terms and conditions.

Complaints

1) If you are dissatisfied with the service in any way, you must contact us in writing within [24 hours] of your cleaning service being completed and detail the nature of your complaint.
2) We will use our best endeavors to resolve the dispute within 10 business days by offering:
(a) Full or partial refund;
(b) Re-supply of the services without charge; or
(c) Any other remedy that we deem appropriate.

General Terms

1) Applicable Law: This agreement is covered by the laws of Queensland, Australia and you agree to be subject to the jurisdiction of the courts of Queensland, Australia, if there was a serious dispute between you and us.
2) Notices: We will provide notices to you via electronic means addressed to the contact details you have provided. You may give notice to use via electronic means to the contact details available on our website.
3) Waiver: No clause of this agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
4) Validity: If any part of these terms and conditions is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
5) Amendment: We may amend these terms and conditions from time to time, and will provide 30 days notice of any changes that apply to you.