TERMS OF SERVICE
These terms of service represent an Agreement between the business “Dustpan & Brush” and you, The Client. By placing an enquiry either over the phone, e-mail or website, whether by verbal or written agreement, you are bound to the business Terms of Service. These terms of service are subject to change without notice, as updates are required, at our sole discretion. We will notify you of amendments to these terms of service by posting them to this website.
1. DEFINITIONS
In these Terms of Business, the following definitions apply:
- "the Business", "We", "Us" - means Dustpan & Brush.
- "Cleaner", "Worker", "Employee" - means the person, team or entity carrying out cleaning services on behalf of the Business.
- "You", "Your", " Customer" or "Client" - means a person, body or agent who is a beneficiary of the services being provided. A person or body acting as an agent are also deemed as clients.
- "Service" - means the cleaning services carried out on behalf of the Business.
- "Booking", "Clean" or "Appointment" - means the visit to the Client's service address by the Cleaner in order to carry out the Service.
- "Premises", "Home", "House" or "Space" – means the service address the Client has provided at which the service will be carried out.
The Headings contained in these Terms are for convenience only and do not affect their interpretation.
2. CHANGES TO THESE TERMS OF SERVICE
Dustpan & Brush reserves the right to revise or modify these Terms of Service at any time and without prior notice to you. An updated Terms of Service will be published on Dustpan & Brush’s website. You agree that choosing to use any of Dustpan & Brush’s services following a change to the Terms of Service, whether as a single task or as part of a routine clean, constitutes your understanding to abide and be bound by the updated Terms of Service.
3. SERVICES
3.1 PRIOR TO SERVICE
3.1.1 CLEANABLE/SERVICABLE SPACE
We discourage clients to clean their own space before we arrive, but we expect the movement or removal of all items from surfaces, rooms and areas that would other pose as a hazard of safety or risk of damage. We also expect this to be done to allow us to clean the areas requested, specified or agreed to, unless an extensive tidying service has been previously agreed to and quoted. To avoid damage and/or breakages, we will not clean heavily cluttered areas (shelving, countertops, rooms with a mass of items left unkempt on the floor etc). It is also your responsibility to alert us to any fragile items, precariously situated or easily damaged items prior to the clean. Including sensitive surfaces or particularly expensive items that require specialised care. Failure to do so frees the business of any liability of the aforementioned.
3.1.2 BEING AT HOME
For first time, once-off cleans, or cleans at a premises we have not previously attended, we require someone be present at the beginning of the clean to show us through the space and confirm clean details, as well as at the completion of the clean to check all items of the arranged service have been fulfilled. Otherwise, and for all future cleans beyond the first and initial booking, an unoccupied space allows us be more efficient without getting in your hair. We understand this is not always possible in a work-from-home world. If not possible, we expect access to any given room when required to be cleaned. If a clean is nearing completion and an occupied room cannot be cleaned (e.g., bathroom in use, work-from-home room occupied), we will not wait until the customer is able to exit, instead the clean will be deemed finished at the full rate agreed to prior. We have a schedule to abide by that is flexible only at the business’ discretion and capacity. What works best for many is that the client is able to stay in one room (e.g. the office, a bedroom or playroom) that can be made vacant on request and which can be tended to first and/or left until last.
3.1.3 PETS
We love all pets and welcome working with them. However (while we don’t expect this to be the case), if any pets may be a threat or risk to us while we are in the home, we expect that they either not be present, or they be properly secured as to not pose any potential risk. Please inform us if there are pets that shouldn’t be allowed outside. For reasons pertaining to OH&S, we cannot clean up after sick pets, pet litter or pet accidents.
3.1.4 MAKING CHANGES OR ADDITIONS TO YOUR SERVICE
You must contact us at least a day prior to your appointment if you wish to request an additional or different service. Dustpan & Brush will cater where best possible and notice will allow us to organise our time and resources accordingly. Cleaners of Dustpan & Brush may, at their discretion, negotiate to make minor changes or additions during delivery of the service if requested by the client or as required depending on the ability for certain areas to be cleaned, for example a common situation is that grout/silicon mould is too far gone to be able to be cleaned as it has not been cleaned often enough by the client or previous house owner, and has grown behind/within the grout. Depending on the preference of the client, this may entail skipping, or taking less time to perform certain aspects of the usual service, or an additional cost added to the next invoice if the inclusions for the service exceed former agreements.
3.1.5 CANCELLATION & RESCHEDULING POLICY
We ask clients to give as much notice as practicable if they need to cancel or reschedule their clean to allow us to reasonably conduct administration, travel and scheduling changes.
We try our best to be flexible where a client may need to reschedule a clean to a different time or day than usual, however please remember it may not always be possible as we are often, if not always heavily booked out due to our reputation for quality. Our ability to reschedule is not guaranteed and depends on availability on a given day, time of year and which area we are working in (cleaning timetables are organised so that bookings in a given area are grouped together).
All no-shows, reschedules & cancellations made the business day of, or the business day prior to your booking date are non-refundable as we are unable to schedule another replacement clean at such late notice.
All no-shows, reschedules & cancellations made between 2 and 3 business days (inclusive) prior to your scheduled clean will incur a 50% fee of the booking cost to recover lost wages and administration fees. If timely notification is not given on three separate occasions, your service may be suspended.
All no-shows, reschedules & cancellations made between 4 and up to 7 business days (inclusive) prior to your scheduled clean, will incur a 25% fee of the booking to recover lost administration time and costs. If this is a regular occurrence, your service may be suspended.
If you decide to reschedule your clean, then later decide to entirely cancel the second scheduling, this will incur a 25% fee to recover lost administration time and costs.
Rescheduling during the heaviest booking period (November to January inclusive) is not permitted however if circumstances allow, may be possible as per the above conditions. No cancellations are permitted during this period.
If on a regular schedule and you need to skip a booking please let us know as soon as practicable. Please note that your next cleans cost will be adjusted to that of a larger clean to account for the difference in time passed between bookings. For example, if on a weekly schedule, your next cleans cost will revert to that of a fortnightly clean as a once-off as it will have been 2 weeks between cleans, then revert back to your usual costing there forward.
3.1.6 COVID CANCELLATION & RESCHEDULING POLICY
If in any way, a household member or member of the premises has tested positive AND/OR feels symptomatic with either covid, cold or flu like symptoms prior to your clean, or you have been connected to someone who is, we please ask you contact us immediately to cancel or reschedule your booking. We work with at-risk and immunocompromised individuals. The health, protection and safety of yourself and other clients is our highest priority. Where practicable, we will do our best to accommodate a reschedule for you if contact is made with reasonable notice relative to your scheduled clean date and time, subject to section 3.1.5.
3.2 ARRIVAL AND DURING SERVICE
3.2.1 ARRIVAL TIME
Unless other arrangements are made, your clean will occur between 9am-5pm on your scheduled day, at your scheduled time. If your schedule only allows for cleaning at certain times, we will try our best to accommodate. This however cannot be guaranteed as Dustpan & Brush abides by scheduled cleans. If for any reason we need to reschedule due to illness or other unforeseen circumstances, we will give you as much notice as possible. If your clean must be performed on the day previously organised and cannot be rescheduled, you will a receive a full refund of any monies paid. To allow for timely scheduling, if you are not to be in attendance for the clean, we ask and expect that either you arrive on time to allow us entry, or provide us entry via other means such as leaving a key or pin code access, arranged in communication prior to your booking.
3.2.2 PARKING
You must ensure there is adequate or designated, available, free parking on or off street, at a distance no further than 25 meters from the property of appointment. We work to schedule and we must carry bulky items; as such, parking further away is a timing issue as well as health and safety risk to us. If parking is not made available as communicated prior to your booking, the client agrees to pay for any parking costs and/or fines incurred from attending the cleaning site if the customer cannot adequately provide parking and expects the job to still be completed.
3.2.3 ACCESS TO THE PROPERTY
Access to the property must be granted whether by your present occupation of the premises at the time of booking, your arrival to allow us entry, or via a previously arranged lockbox key placement or code access (first time bookings require you to be present at the beginning and end of your clean).
Key access: If this method is opted for, for safety and security, we require clients use a key safe or lockbox as opposed to hiding a key so as to avoid any risks associated with passerby's seeing key placement. If you are certain that leaving a key is safe and insist on doing so, We are not liable for any adverse events and circumstances. Again, a lockbox will always be the safest option for your own safety and security.
3.2.4 IN CASE OF LOCKOUT, YOUR UNAVAILABILITY OR NON-ATTENDANCE
If we arrive at your home within the scheduled window for cleaning and cannot get into the property for any reason, you will incur a fee, up to and/or including the full booking cost, as per our cancellation and rescheduling policy to account for either a last-minute cancellation or rescheduling of the job, or extra travel or other lost time either incurred by waiting to be granted access (it is not always possible or reasonable to ask us to wait) or our inability to attend an alternative job due to said circumstance. We will always knock, ring the doorbell and attempt to call you, and wait 5 minutes before trying again. If you are expecting you will run late to let us in, please let us know as soon as possible.
3.2.5 YOUR CLEANERS
If on a regular schedule, we try our best to ensure the same cleaner/s attend your home each time. We are a tiny business so you will be familiar with who we are. Where for whatever reason your usual cleaner cannot attend, you will be informed, any specific details about cleaning your property will be passed on to an assigned cleaner and communicated with you prior to the clean, to help ensure a smooth job and consistently high standard of work.
3.2.6 TASKS WE DO NOT PERFORM
For the health and safety of our workers and our clients, as well as to ensure we do not damage any items, flooring or areas of the premises and/or to abide by our business ethos, we will not:
- Any movement of large, bulky or heavy furniture, or any movement of similar items.
- Stand on chairs, benches or other unsecured platforms.
- Handle bio-hazardous material, including all pet leavings and litter, insect or rodent infestations (please notify us if these may be present)
- Use any toxic, inorganic, unsafe or chemical-based sprays, solutions or solvents. This includes products such as bleach, heavy-duty grime removers or any toxic commercially or publicly available product.
- Remove shoes during cleaning or upon entering the premises, non-slip shoes are required by law for safety and hygiene, do not ask us to remove them.
3.2.7 END OF LEASE AND MOVE OUT CLEANS
- It is the customer's responsibility to ensure that electricity and hot water is connected at the time of your booking as it constitutes a mandatory requirement for cleaning. We cannot guarantee results, a conducted or a finished clean if these mandatory supplies are not provided. Lighting is required as a function of both health and safety, and visibility, for cleaning of any kind and type.
- The property must be unfurnished and emptied of rubbish and remaining items. The moving of furniture or items is not included nor conducted as a service by Dustpan & Brush. All moving of home contents must be conducted prior to the commencement of the booking. Failure to do so may incur cancellation or rescheduling fees as per our cancellation and rescheduling policy.
- For properties with extra furnishing inclusions such as fridges and microwaves that will remain at the property, these items are not included in the cleaning fee unless arranged, accounted for and quoted prior to the confirmation of booking. These items can be added at an additional cost if arranged and quoted prior to the booking or commencement of clean. The service also excludes cleaning of kitchenware (e.g. cutlery, dishes) and linens, materials (e.g. bed sheets, clothing).
- You, the client, understand that not all visual imperfections that exist in and at the property, prior to our arrival, are able to be remedied by the function of a cleaning service. Certain wall marks, dents, mould growth, scratches, adhesives, paint damage, oven grime, enamel erosion, general corrosion etc can only be remedied via replacement, repainting, removal or re-grouting by a certified, skilled tradesperson relating to the relevant issue. Dustpan & Brush is not responsible for these issues with relation to bond or remedy as these issues are not able to be reasonably or functionally remedied via the engagement of a cleaning service.
- All end of lease and move-out cleans must be paid for in cash to ensure immediate payment on the day of the fulfillment of booking. This is to avoid non-payment on behalf of moving clients.
4. ISSUES, INSURANCES AND REGISTRATIONS
We make every effort to provide the best and most reliable service, but we acknowledge that mistakes and accidents happen. We have in place strict processes to ensure feedback is taken into account and appropriate steps are taken to repair or replace damaged items. Dustpan & Brush are ABN registered, the business and its employees are fully insured and are registered for comprehensive public liability insurance.
If a breakage should occur, we will notify you on the day and negotiate the best way to move forward. If you discover a broken item it must be reported within 24 hours after the end time and date of the booking in question, and saved for inspection. We cannot take responsibility for items broken as a result of being unsecured, situated precariously, or due to a lack of written or verbal warning about such items. We cannot take responsibility for any damage or issue with particular items that require specific or specialised care that has not been communicated by the client, to the business, prior to the commencement of the clean.
5. HEALTH AND SAFETY
A worksafe approved first aid kit is available and on hand at all times during all of our bookings.
You as a customer must provide and warrant the cleaner 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 cleaner 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 cleaner, a risk to health and safety. The cleaner will have unencumbered and unobstructed access to those areas of the premises requiring the Service.
You must provide and warrant that all cleaning equipment and materials if provided by you is at your sole discretion (and is at the sole discretion of the business to accept use of such instruments). These products and equipment must not be tampered with and considered in full working order and accompanied with the appropriate MSDS forms and applicable licenses if warranted. The cleaner may, either before or during the provision of the service not use or cease using any materials or cleaning equipment if the cleaner thinks, in their absolute discretion, that the use of such materials or cleaning equipment poses a risk to health and safety. We do not use any toxic, non-biodegradable or chemical based sprays, liquids, items or equipment.
You must also provide and warrant a safe working environment at the Site for the Cleaner to perform the Service as well as provide us with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required by the cleaner to provide the service.
You must advise Dustpan & Brush or the cleaner prior to the commencement of the service of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the premises.
You must advise that you are authorised to use the premises and obtain the provision of Service.
If you request or require us to clean lift any item that we deem heavy then we reserve the right not to as we encourage the cleaners to follow the applicable health and safety measures. The customer will be required to move those items prior to the commencement of the service if they desire cleaning under and around said spaces. Any item moved by the customer either before during or after a service will be done at the customer’s sole risk. Dustpan & Brush encourages the customer to follow the applicable health and safety measures to do so in a safe manner.
You must and will secure or remove any fragile, delicate, breakable or valuable items, including but not limited to cash, jewellery, works of art, antiques, or items of sentimental value prior to the commencement of the Service.
Each and every clean is undertaken with a new set of hospital-grade masks and gloves. The disinfectant has been tested against a surrogate for Covid-19 and has passed with a 99.99% kill rate. It is DHHS and WHO recommended. Our current high standard for protecting health has meant that our cleaning methods, products and operation that existed pre-covid are already covid-safe and chief health officer approved. Our cleaning materials are all thoroughly machine sanitised in boiling water with commercial grade disinfectant. Customer health is our utmost priority.
6. NO ENGAGEMENT
The Customer acknowledges that we invest significant resources in recruiting, selecting and training our Cleaners. Unless prior written permission is given, the Customer must not, directly or indirectly, engage, employ or contract with any Cleaner to provide domestic or commercial services to the Customer or any associate of the customer for any period during which services are provided by us for a period within 12 months after the conclusion of any one Service.
The Customer acknowledges that we may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Customer. The Customer acknowledges that a penalty fee may be charged up to the value of $5000 or up to the value of 10% of the annual contract – whichever sum is deemed higher.
7. PRICING AND PAYMENT
7.1 HOW OUR PRICES ARE CALCULATED
Our prices are charged at a flat rate based on the effort, risk, skill, quality of result and average time we estimate the job will take. We will perform the checklist of tasks that corresponds to the service you have booked + any extras selected, until all items have been cleaned. As these are results based cleans, we do not set fixed time limits on the services. We do however have time estimates to assist with the planning of services and to abide by booking schedules. These estimates are just guidelines and we allow the teams to work at harder (and faster) intensities if they are able. The service may include extra cost to cover travel depending on your location. At any point before an initial clean has been performed, we may adjust the price up or down to more accurately reflect our expenses, effort and the time the job takes. We may also adjust future pricing dependent on expenses, time and effort a job is expected to take ongoingly. We will always notify you of any price changes and the reason for said changes in advance of your next clean. A change in price may also be negotiated if a client wishes to add or subtract cleaning tasks from a job in such a way that will alter the time, effort or equipment required. Depending on the needs of the client and their budget, we can adjust tasks performed and the thoroughness of the job to suit.
7.2 QUOTATIONS
While our quotations have always been quite accurate, all quotes exist only as an 'estimate price' based on the information provided and available at the time. The basis of this estimate is determined via 'average room sizes and room types in a property left in a reasonable state of cleanliness'. It may vary on initial inspection on the day of cleaning with the price adjusted accordingly.
The quotation is subject to change for the following reasons: state of property not as expected; the customer's original requirement is altered; variations of the condition or size of any given space, any additional services added on the day of cleaning, any changes whether through mistake, negligence or circumstance that affects schedule, time or effort of the cleaner. Any of these reasons constitutes the booking to be altered by mechanisms of: re-scheduling or cancellation, at the discretion of the business.
Price accuracy is a function of our quotes without visual inspection. Once visual inspection is conducted, it is not usual that the quote varies and in the circumstances it does, it is either a smaller percentage of the previously quoted figure (usually 10-20%), or if greater, the customer has entirely misrepresented the service required or has misrepresented or been unable to describe the full size of home. Some properties that are uncommonly large compared to the standard Melbourne home size, multiple storeys in stature, or in less than reasonable condition may require extra effort, time, skill and capacity, and charges may apply accordingly. Homes that are not regularly cleaned, have been neglected, have had pets, small children and have had vigorous wear and tear may also incur extra costs.
Additional travel charges for collection and returning of keys; time wasted due to difficulties accessing the property; requirement to carry heavy equipment to higher apartments / floors; houses containing a second kitchen such as a granny flat will incur additional costs which must be agreed upon before starting the job and is at the sole discretion of Dustpan & Brush and the cleaner to do so; large sized dwellings with five (5) or more bedrooms; more than three (3) bathrooms; multiple living areas and levels will need an individual quote based on the extensive work done.
End of Lease / Move out cleaning excludes the following items (a) Washing walls (b) Windows and window sills from outside (external) (c) Washing or wiping of blinds or curtains (d) Whitegoods cleaning (e.g. fridge, washing machine, microwave) (e) Upholstery cleaning (f) Mould and Ceiling(s) (g) Grout cleaning (floor) (h) Garage cleaning (i) Rubbish removal (j) Balcony/Verandah/Patio washing/sweeping (k) High pressure cleaning. These services may be arranged for and conducted for an agreed 'extra' cost at the capacity of the business.
7.3 HOW TO PAY
Our preferred method of payment is Osko/PayID transfer:
Dustpan & Brush
Osko/PayID Mobile Number: 0492 939 860
7.4 PAYMENT DUE DATES
The client agrees to pay by the specified due date (the timeframe may vary depending on the booking type and how soon the booking date is to the booking request). We require pre-payment for all services as availability is highly limited due to our being sought after and heavily booked out. We have long waitlists for our organic cleaning services; as such, to remain fair and equitable, bookings are only and always available on a first come first served basis - both confirmation and full invoice payment are required to secure your spot. If engaging with us on a regular schedule (weekly, fortnightly, monthly etc) pre-payment for any and all ongoing services is required. All payments are to be made by either electronic bank transfer, osko, payID or cash (cash payable in person).
7.5 NON-PAYMENT, LATE PAYMENTS AND FEES
If payments are not received by close of business, by the specified due date, all previous offer/s and/or booking/s will be deemed void and cancelled. After this time, bookings are subject to both availability and confirmation by the Business (Dustpan & Brush). Acceptance of a new offer will exist under a revised service fee, which will be not less than the previously quoted amount plus 5%. If any reimbursements or refunds for your service are due, these will not and do not include any late payment fees made.
7.6 SKIPPED BOOKING FEES
If on a regular schedule and you need to skip a booking, we try our best to be flexible where possible. Please note that any skipped bookings will result in the next clean cost being adjusted to that of a larger clean to account for the larger time passed between bookings.
7.7 OUR WORKER FEES
We are a fully registered business and comply with all industrial obligations to ourselves, our employees and our contractors. Wages are all paid at or above the appropriate award rate (including travel time), superannuation, insurances and workcover are all accounted for. Other funds go towards expenses such as supplies, products, administration, advertising, taxes, subscriptions, website costs, transport costs, electricity and water costs for the cleaning and sanitisation of materials and all other ongoing business expenses.
7.8 GST
Unless otherwise specified, all prices and quotations are GST exclusive. Or quoted and noted with GST as an addition to the service fee. As of July 27, 2021, Dustpan & Brush has been registered for GST.
If GST is payable with respect to anything supplied by the business to you, then the sum that you are required to pay for the supply will be grossed up (subject to the receipt of a valid tax invoice) in order for Dustpan & Brush to retain the original amount after subtracting the GST liability. If a payment has not been settled by the due date listed in the invoice, the business will try reasonable means to contact you to settle payment. If the business is unsuccessful in reaching you or payment is not received, or an agreement regarding payment is not reached before your next scheduled clean (if any), the business will assume that you have cancelled the service, and we will charge necessary fees to you in accordance with our Cancellation & Rescheduling Policy.
8. PRIVACY POLICY
Dustpan & Brush is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at https://www.oaic.gov.au/
8.1 What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.
This Personal Information is obtained in many ways including interviews, correspondence, by telephone and facsimile, by email, via our website www.dustpanandbrush.com.au, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We don’t guarantee website links or policy of authorised third parties.
We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
8.2 Sensitive Information
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
- For the primary purpose for which it was obtained
- For a secondary purpose that is directly related to the primary purpose
- With your consent; or where required or authorised by law.
8.3 Third Parties
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
8.4 Disclosure of Personal Information
Your Personal Information may be disclosed in a number of circumstances including the following:
- Third parties where you consent to the use or disclosure; and
- Where required or authorised by law.
8.5 Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
8.6 Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
Dustpan & Brush will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information, we may require identification from you before releasing the requested information.
8.7 Maintaining the Quality of your Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
8.8 Policy Updates
This Policy may change from time to time and is available on our website.
8.9 Privacy Policy Complaints and Enquiries
If you have any queries or complaints about our Privacy Policy please contact us at:
9. SPECIAL OFFER CONDITIONS
- Any given promotional offer cannot be combined with other offers or discounts.
- Any given promotional offer does not apply for minimum charges.
- Any given promotional offer will have attached a link to the terms and conditions of said offer.
- If you have any questions relating to redemption conditions, please contact us.
- You have the option to unsubscribe from our promotional newsletters and text messages.
10. LEGAL
10.1 INDEMNITIES
You agree to indemnify Dustpan & Brush against:
- Any liability or loss arising from, and any costs the business incurs, if you do not, or are unable to, comply with an obligation you have (including an obligation to pay money) in connection with our services to you and these Terms of Service; and
- All legal costs (on a full indemnity basis or a solicitor and own client basis, whichever is higher) and other expenses or fees incurred by the business in connection with a legal action, demand, arbitration or other proceeding (including compromise, mediation, settlement out of court or appeal, and any action taken in an attempt to recover a debt from you) in respect of our services to you and these Terms of Service.
All indemnities under the Terms of Service are continuing and will survive termination of the Terms of Service and our services to you.
10.2 LIMITATION OF LIABILITY
Except in cases of death or personal injury caused by either party’s negligence, either party’s liability in contract, tort or otherwise arising through or in connection with Dustpan & Brush’s services and these Terms of Service, is limited to the fees paid by the client to Dustpan & Brush and/or a resupply of the service.
Dustpan & Brush is not liable or responsible for any of the following:
- Already existing (prior to the booking of a service) damage, dirt, wear, or stains that cannot be utterly cleaned or is impossible to remove even with reasonable endeavours by the business.
- Any discolouring or wear of fabric or surfaces becoming more noticeable once the presence of dirt has been removed.
- Any damage or breakage caused by defective or faulty cleaning materials and/or equipment that the client has provided.
- Any loss incurred as a result of any damage or breakage to goods, valuable items (including but not limited to expensive artworks, items of sentimental value, and antiques) or the property. Such damage will be resolved between the parties in accordance with the Breakages term above.
- The cost of any locksmith or key replacement fees, unless the business has lost the keys.
- Any damage or loss that a client has incurred as a result a force majeure event, being any event beyond Dustpan & Brush’s control. Such an event includes but is not limited to extreme weather, emergencies or serious illness, or motor vehicle accidents.
- Any loss or damage incurred as a result of Dustpan & Brush’s decision not to finish or grant the service due to:
a client’s failure to provide unencumbered access to the property, utility services like electricity and water, and/or a safe working environment;
health and safety reasons; or an act or omission of the client or any other individual at the property while the service is being fulfilled or is about to commence.
To the extent it is lawful, neither party will be liable to the other party for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature, including without limitation any economic loss, data loss, loss of goodwill, or other loss of turnover, profits or business.
This limitation of liability will survive termination of the Terms of Service and our services to you.
10.3 EXCLUSIONS AND LIMITATIONS
- The only conditions and warranties which are binding on us in respect of the state, quality or condition of goods and services supplied by Us 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, is completely discharged by the resupply of the Service. We are not responsible for:
i. Not completing or providing the Service as a result of a breach of a warranty by the Customer (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
ii. Any damages caused by defective cleaning materials or cleaning equipment provided by the Customer;
iii. Not completing or providing the Service as a result of the Cleaner not proceeding for health and safety reasons;
iv. 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 us; such as and not limited to extreme weather, vehicle accidents, emergencies or illness;
v. 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;
vi. Existing dirt, wear, damage or stains that cannot be completely cleaned or removed with reasonable endeavours by us.
vii. Any wear or discolouring of fabric or surfaces becoming more visible once dirt has been removed;
viii. Any loss incurred as a result of any breakage or damage to goods, items of value (including but not limited to antiques, items of sentimental value) or the Premises; or
ix. The cost of any key replacement or locksmith fees, unless the service provider lost keys.
- 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 us 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 or not limited to permanent stains or wear and tear), and that we give no guarantee as to the actual results of the Service.
- Except to the extent provided in this clause, 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 us (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
10.4 INDEMNITY
The Customer indemnifies us 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; and
- All legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by us 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).
10.5 ACCIDENTS, BREAKAGE, DAMAGE AND THEFT
- The Customer must inform us 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.
- 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 us 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 us under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value in which are not limited to only the above-named items.
10.6 TERMINATION
You may terminate our services by providing us with prior notice of at least 24 hours before a scheduled service. We may terminate our services by providing you with prior notice at least 24 hours before the start of a scheduled service. We may immediately terminate our services if you breach any of the Terms of Service and in our opinion the breach is incapable of remedy.
10.7 SEVERABILITY
If any provision or part of these Terms of Service is found void, invalid, or unenforceable, then the provision or part will be deemed severable and the remaining provisions and parts continue to be binding.
10.8 LAW AND JURISDICTION
These Terms of Service are governed by the laws of Victoria and the laws of the Commonwealth that apply there. Each party submits to the jurisdiction of the courts of Victoria.
11. COPYRIGHT
The content of this Agreement is protected by international copyright laws and may be used for personal reference only. Subject to applicable law, permission to copy, alter, reproduce, publish, transmit and/or otherwise distribute this content is forbidden without first obtaining the prior written permission from the business.