Lady Butterfly Cleaning Terms & Conditions of Service
Definitions
"Lady Butterfly", "Lady Butterfly Cleaning", "we", "us", "our" or "Company" shall mean Marvantage Limited T/A Lady Butterfly Cleaning, and/or any associated division, company, employee or agent thereof.
"You" or "Your" or "Customer" shall mean the purchaser of any Goods or Service from us.
"Goods", "Service" or "Services" means all goods and services supplied by us to you.
"Amount Owing" shall mean the price of the goods plus all costs, expenses and penalties for which you are liable to pay us.
How Services are Delivered
Minimum duration of 2 hours per cleaning visit applies for all cleaning services unless explicitly agreed otherwise.
You agree to provide task lists and all necessary cleaning detergents and equipment for the required work, unless other arrangements have been made with us. All cleaning equipment should be safe and in full working order. If you do not have cleaning detergents and ask us to purchase requested items on your behalf, you understand that an applicable charge will be assessed.
Due to Health and Safety Reasons, our cleaning specialists are required to wear closed toed, non-skid shoes while cleaning. We are not able to provide service for "shoes off" premises.
There will generally be 1 - 2 cleaning specialists assigned to your home or office after the first-time job. We will make every effort to assign the same cleaning specialist(s) each visit, but we are not able to guarantee this.
Any pets that may be a threat must be secured by the time the service is scheduled to begin. Also, we do not clean up after sick pets or pet accidents unless by special arrangement.
We will not be responsible for triggering any alarm systems. You should give any special instructions for deactivation/activation of any household alarm systems.
You must make us aware of any valuable or treasured items that would be a catastrophe to have broken.
You must also remove or make secure any objects that present a high risk, for example - but not limited to - pictures not hung securely, top heavy items with unstable bases, all fragile or highly breakable items.
You must make us aware of any damage to your property you already know of before the service begins.
Quotations, Prices and Payment
Quotations: are valid for 7 days from the date of quotation unless otherwise stated; exclude Goods and Services Tax, unless otherwise stated; are inclusive of travel time and travel costs; are subject to 3rd party supplier availability and supplier price variation; are subject to change should your original requirements change.
For first-time jobs, we sometimes are only able to give a rough estimate of the duration of the cleaning service. Please note that this duration may vary therefore a degree of flexibility may be required.
Unless stated otherwise, our prices are exclusive of Goods and Services Tax.
When an hourly rate is quoted, it refers to the rate per hour per person. When a job is estimated in hours, it refers to the number of hours per each person who will be working on this job. For example, if we say that the job will take 3 hours for 2 people, this means that the total cost will be 6 person hours multiplied by the hourly rate (which is the rate per person per hour).
Unless agreed otherwise in writing: all invoices are to be paid within 3 days of the date the invoice has been sent to you; all first time jobs for a new customer require a deposit amounting to 50% of the estimated cost of the job. We reserve the right to request full payment for any goods and services prior to commencement of works or immediately after the completion of a job.
Payment of the amount owing shall be free of any counterclaim, set-off, deduction or any other claim whatsoever.
If you do not pay the amount owing on time we may, at our option: suspend or restrict your use of the Services; or terminate Services; or refer your account to our debt collection agency.
You agree to be liable for ALL costs incurred by us in recovering any amount owing including debt collection agency commissions, fees and/or other charges, and legal costs.
Business clients may apply to open a credit account. We reserve the right to refuse credit.
In the event that any part of an invoice is disputed the amount not in dispute shall be paid promptly in accordance with the payment terms. Thereafter, you and us agree to use best endeavours to promptly resolve any dispute and we may, at our discretion, require you to submit to mediation with the assistance of a qualified mediator.
You must advise us of any dispute relating to an invoice within 3 days of receiving the invoice.
Cancellations or Rescheduling of Service
We do not assess a fee for cancelations/ reschedules, with the following exceptions:
You agree to pay a cancellation fee equal to 100% of the full service fee if, for any reason:
- You cancel your service with less than 6 hours' notice; or
- We arrive on the scheduled day but are asked to "come back later"; or
- There is a dead bolt or other lock applied for which we do not have a key; or
- The alarm is set and we do not have instructions to disarm; or
- The lock has changed or is malfunctioning; or
- The presence of residents, guests or workers prevents us from cleaning; or
- You (or your agent) is not at the property as arranged and we have no key to the property.
Warranties
We warrant that we will provide all our Services with the care and skill that can be expected from a competent cleaning/property maintenance service provider.
If you believe there has been an incident of poor service, breakage/damage or theft, you must report it to us within 24 hours of the completion of the service.
We warrant that any defective service will be rectified by us provided that any such defect is notified to us within 24 hours of service delivery. You understand that you are not entitled to any refunds. If you are not completely satisfied with a cleaning job, we will re-clean any areas and items to your satisfaction. Therefore you must allow the cleaning specialist to be returned. You must be present at all times during the recovery-clean. We reserve the right not to return a cleaning specialist more than once.
You cannot claim warranty service if your account is overdue. We reserve the right to withhold or refuse warranty service until you correct the arrears.
Limitation of Liability
We carry liability insurance for your peace of mind. However, not everything is automatically covered and you should be aware that items will be replaced or repaired at the Insurer's discretion. There is also an excess on each claim that will be split 50/50 between us and you in the event of a claim.
You agree to carry your own insurance for your property and contents to provide cover for situations when our liability insurance is not applicable or is not adequate.
You agree that we will not be liable to you or any third party for any breach of security, loss of profit or incidental, indirect special or consequential loss or damage.
Non-solicitation of Our Specialists
You agree that within a year of termination of the Service you will not employ, hire or use any services provided by a present or past cleaning specialist introduced to you by us. If you wish to employ, hire or use services provided by such a specialist within a year of termination of the service then you agree to pay us a referral fee of $500. You agree to pay this fee whether you notify us this action or we discover this independently at any time after it occurs.
General
These Terms and Conditions apply to all Services that we provide to you at any time, whether now or in the future. These Terms and Conditions always apply except when we have expressly notified you otherwise in writing.
Any order received by us from you, whether verbal or in writing, shall constitute acceptance of these Terms and Conditions, and you acknowledge that your signature is not required.
These Terms and Conditions: may be amended by us from time to time; express the entire understanding and agreement between you and us; shall prevail in the event of any conflict between these Terms and Conditions and the provision of any document used by you or any other agreement with us; and any other agreement with us can only be varied by our express acceptance in writing.
All clauses and provisions of these Terms and Conditions are severable and independent of each other and if for any reason any clause or provision is found to be invalid or unenforceable it shall not prejudice or affect the validity on any other clause.
We will not be liable for failure to meet our obligations if the failure is brought about by a force majeure circumstance (i.e. any circumstances outside our control).
Either we or you may suspend or terminate the Services at any time. All Amounts Owing must be paid IMMEDIATELY on termination of Services.