Terms & Conditions
These terms and conditions constitute the full and complete service agreement (the “Agreement”) between you (the “Customer”) and Blue Hat Group Pty Ltd t/as Damel Cleaning Services (“Damel”) for the provision of services by Damel.
Cleaning & Maintenance Services
Subject to the terms of this Agreement, Damel agrees to provide cleaning and maintenance services (the “Service”) to the Customer at an address specified by the Customer (the “Premises”).
The Service will be for such duties as agreed with the Customer at the time of booking.
Damel will provide one or more team member(s) (the “Team Member”) to attend the Premises to provide the Service at a time and date mutually agreed between Damel and the Customer (the “Service Time”).
Damel endeavours to provide the Service faithfully, diligently and in a timely and professional manner.
Additions & Amendments
Any changes to the Service to be provided must be agreed by Damel prior to the Service Time.
If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact Damel by telephone or email, who may agree to provide the additional services in its absolute discretion. The Team Member is not authorised to agree to any changes to the Service being provided. The Customer must not request such changes directly from the Team Member.
Customer Representations & Warranties
The Customer represents and warrants that:
- it will provide a safe working environment at the Premises for the Team Member(s) to perform the Service;
- the Team Member(s) will have unencumbered and unobstructed access to those areas of the Premises requiring the Service;
- it will provide the Team Member(s) with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required by the Team Member to provide the Service;
- it will provide all usual and necessary cleaning equipment and materials required by the Team Member(s) to provide the Service, unless other arrangements have been made with Damel;
- all cleaning equipment and materials provided by the Customer are safe, have not been tampered with and are in full working order;
- it will advise Damel prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the Premises;
- it is authorised to use the Premises and obtain the provision of Service; and
- 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.
Health & Safety Risks
In addition to the obligations and warranties set out in clause 3 above, the Customer acknowledges and agrees that:
- the Team Member is entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk at the Premises;
- the Team Member may, either before or during the provision of the Service not use or cease using any materials or cleaning equipment provided by the Customer if the Team Member thinks, in their absolute discretion, that the use of such materials or cleaning equipment poses a risk to health and safety.
- the Team Member may, either before or during the provision of the Service not provide or cease the provision of the Service where carrying out the Service presents, in the absolute discretion of the Team Member, a risk to health and safety.
No Engagement of Team Members
The Customer acknowledges Damel invests significant resources in recruiting, selecting and training its Team Members. Unless Damel gives prior written permission, the Customer must not, directly or indirectly, engage, employ or contract with any Team Member to provide domestic services to the Customer or any associate of the customer for any period during which services are provided by Damel or for a period within 12 months after the conclusion of any Service.
The Customer acknowledges that Damel may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Customer.
Any price quoted by Damel is an estimate only based on Damel’s experience, 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.
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 Damel, Damel 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.
The Customer must inform Damel whether any cleaning services required are for an ‘end of tenancy’ at the time of quotation.
The Customer may make a booking either in person, by either telephone, fax, or email.
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;
The Customer agrees to provide Damel with their valid credit card details at the time of booking, and authorises Damel to debit any card with an amount equal to any service and/or cancellation fees that may apply under this Agreement.
Damel reserves the right not to accept a booking for any reason.
The Customer agrees to pay the price quoted by Damel within 30 days on completion of the service, unless otherwise agreed in advance with Damel.
If no payment has been made by the Service Time, Damel will use reasonable endeavours to contact the Customer for payment. In the event that Damel cannot contact the Customer or payment is not made by the Service Time, the Customer will be deemed to have cancelled the Service, and the Customer must pay any cancellation fees or charges due set out in clause 10.
Payments may be made via credit card, bank transfer, cheque or in cash.
Cheque payments should be made payable to Damel Cleaning Services.
Unless specified otherwise, all prices and quotations are expressed to be GST exclusive amounts.
If GST is payable in respect of anything supplied to the Customer under this Agreement, then the amount which the Customer is obliged to pay for that supply (Original Amount) will (subject to the receipt of a valid tax invoice) be grossed up so that Damel receives an amount which, after subtracting the GST liability of Damel, results in Damel retaining the Original Amount.
Late Payment Fee
The Customer agrees that if Damel has not received payment in full for the Service within one calendar month of the original invoice date then a late payment fee of $45 applies for the first month. Interest will be charged at 10% per annum compounding daily on each day that any amount remains outstanding thereafter.
In addition to the amounts set out above, the Customer agrees to indemnify Damel for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Damel 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.
If the Customer is dissatisfied for any reason with the Service provided, it must inform Damel within 24 hours of completion of the Service. Damel strives to achieve 100% customer satisfaction and will endeavour to resolve the problem quickly and efficiently. Subject to clause 12, Damel may, at its discretion, re-perform the service engaged for.
Exclusions & Limitations
The only conditions and warranties which are binding on Damel in respect of the state, quality or condition of goods and services supplied by Damel to Customers are those imposed and required to be binding by statute (including the Trade Practices Act 1974).
To the extent permitted by statute, the liability, if any, of Damel is, at Damel’s option, limited to and completely discharged by the resupply of the Service. Damel is not responsible for:
- 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 proper materials, cleaning equipment, utility services, a safe working environment or unencumbered access to the Premises); or
- any damages caused by defective cleaning materials or cleaning equipment provided by the Customer;
- not completing or providing the Service as a result of the Team Member not proceeding for health and safety reasons under clause 4;
- 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 Damel;
- 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;
- existing dirt, wear, damage or stains that cannot be completely cleaned or removed; or
- any wear or discolouring of fabric or surfaces becoming more visible once dirt has been removed;
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 Damel are excluded.
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 Damel gives no guarantee as to the actual results of the Service.
Except to the extent provided in this clause, Damel 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 Damel (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 Damel).
The Customer indemnifies Damel against:
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 3; and
all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Damel in connection with a demand, action, 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).
Accidents, Breakage, Damage & Theft
The Customer must inform Damel of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Team Member within 24 hours of completion of the Service.
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 Damel within 24 hours of completion of the Service.
To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of Damel under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.
The Customer must provide Damel with at least 24 hours’ notice prior to the Service Time, if they wish to suspend, postpone or cancel the Service for any reason.
In the event that such notice has been given, Damel will endeavour to reschedule the Service if required.
In the event that the Customer does not provide 24 hours’ notice prior to the commencement of the Service, the Customer agrees to pay a cancellation fee equivalent to 2 hours cleaning (inclusive of GST) for administrative costs and loss.
fee for non-access to premises
In the event that the Customer does not provide unencumbered access the Premises for Damel or its Team Members to provide the Service, the Customer agrees to pay a cancellation fee equivalent to 2 hours cleaning (inclusive of GST) for administrative and travel costs.
This Agreement may be terminated by the Customer by providing at least 24 hours’ notice prior to the Service Time.
Damel may terminate this Agreement by providing the Customer with at least 24 hours’ notice prior to the Service Time.
Damel may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of Damel, that breach is incapable of remedy.
The Customer acknowledges that any information provided by the Customer may be used by Damel for the purpose of providing the Service. Damel agrees not to share any information provided by the Customer with any third party not directly involved in the provision of the Service (unless required to do so by law).
The Customer agrees to Damel communicating with them electronically and/or via other means in order to provide the Service or for reasons related to the provision of the Service.
Damel will take all reasonable precautions to protect personal information provided by the Customer from loss, misuse, unauthorised access or disclosure, alteration or destruction.
Changes To This Agreement
Damel 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.
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.
The Customer agrees that if any term or provision is held invalid, void or unenforceable, then that provision will be considered severable and the remaining terms and provisions shall continue to be binding.