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Terms and Conditions | House Cleaning

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Terms and Conditions

Important notice about your contract

Fresh Aroma Cleaning Services acts as an introductory agent for a range of service providers and is authorised by such service providers to enter into contracts with you on their behalf.

Fresh Aroma Cleaning Services will do this by taking your booking enquiry and allocating the booking to an appropriate service provider. Once Fresh Aroma Cleaning Services indicates acceptance of your booking request by sending you confirmation of the service provider, a contract will come into existence between you and the service provider on the terms set out below.

Please note that your contract is with the service provider and not Fresh Aroma Cleaning Services and responsibility for the provision of the services rests solely with the service provider.

Please read these terms and conditions carefully as they will be legally binding on you once you enter into a contract with a service provider. Your attention is drawn in particular to clause 10 (if you are a consumer) and clause 11 (if you are not a consumer), which set out the limitations on the service provider’s liability to you.

1 – DEFINITIONS

When the following words with capital letters are used in these Terms, this is what they will mean:

1.1 Fresh Aroma Cleaning Services, a sole trader registered in Australia under ABN 14 134 504 913;

1.2 Cancellation Charge:

  • The Cancellation Charge for Regular Cleaning services shall be $33.00 /thirty Australian Dollars/ if the service is cancelled with notice submitted less than 48 hours before the time the service was scheduled to be provided;
  • for all cleaning (except Regular Cleaning service) the Cancellation Charge shall be $33.00 /thirty Australian Dollars/ or a sum equivalent to 50% of the price of the service, if the service is cancelled with notice provided less than 48 hours before the time the service was scheduled to be provided;
  • The Cancellation Charge for all cleaning (including Regular Cleaning) which were booked 48 hours or less than the appointment time of the service, the Cancellation Charge shall be a sum equivalent to 100% of the price of the service; and
  • The Cancellation Charge for all cleaning (including Regular Cleaning) which benefit from a voucher and/or discount and which were described to become non- cancellable, non-refundable, or subject to full price Cancellation Charge due to the applied voucher and/or discount, the Cancellation Charge shall be a sum equivalent to 100% of the price of the service, regardless of the time of cancellation.

1.3 Consumer: an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;

1.4 Consumer Contracts Regulations: the Consumer Contracts (Competition and Consumer Act 2010), as may be amended from time to time;

1.5 Customer Equipment: all domestic cleaning materials and equipment required for the performance of cleaning services, including without limitation cleaning fluids and sprays, cloths and other applicators, brooms, mops, buckets, vacuum cleaners, ironing boards washing machines and other standard domestic cleaning appliances;

  • Event Outside the Provider’s Control: is defined in clause 12.2;
  • First Confirmation Email: the email sent to you by Fresh Aroma Cleaning Services following your initial booking enquiry, attaching a copy of these Terms and setting out the details of the Services you have requested, the estimated timescales and costs involved and other key information relating to the provision of the Services;

1.6 Materials: means any materials, goods, parts or items the Provider needs to buy necessarily in order to perform the Services, as may be set out in the First Confirmation Email;

1.7 Provider: the Fresharoo service provider allocated to provide the Services to you;

1.8 Fresharoo: see definition of ‘Provider’

1.9 Provider Equipment: any cleaning materials and equipment to be provided by the Provider as specified in the First Confirmation Email;

1.10 Second Confirmation: the text message or email sent to you by Fresh Aroma Cleaning Services confirming your booking and the identity of the Provider who will provide the Services;

1.11 Services: the services that the Provider is providing to you in accordance with your booking and as set out in the First Confirmation Email;

1.12 Terms: the terms and conditions set out in this document;

1.13 GST: goods and services tax;

1.14 Working Days: Monday to Friday each week, excluding Public Holidays.

2 – YOUR CONTRACT WITH THE PROVIDER

2.1 These Terms are the terms and conditions on which the Provider carries out the Services for you. Please ensure that you read them carefully.

2.2 If you are a Consumer, your contract with the Provider will be formed in the following way:

  • When you make a booking enquiry by telephone or email, or through the booking enquiry form on Fresh Aroma Cleaning Services website or mobile app, you will be required to acknowledge that you have read and understood these Terms.
  • Fresh Aroma Cleaning Services will then provide you with a non-binding estimate based on the information you have provided. If you choose to proceed with the booking, your request to provide the Services will constitute an offer.
  • Fresh Aroma Cleaning Services will then send you the First Confirmation Email setting out the price and other details of your booking and providing a copy of these Terms for your records.
  • At any time up to the day before your appointment, Fresh Aroma Cleaning Services will send you the Second Confirmation Email to confirm your booking and provide the details of the Provider who will perform the Services for you. The Second Confirmation Email constitutes the acceptance of your offer. Your contract with the Provider will then come into force and these Terms will be binding.
  • As a Consumer, you have special rights under the Competition and Consumer Act 2010 to cancel your contract for any reason during a 14-day cancellation period. The cancellation period begins the day after the contract was made. Your cancellation rights under the Competition and Consumer Act 2010 are explained to you in more detail in clause 13.1.

2.3 If you are a business customer, and not a Consumer, your contract with the Provider will be formed in the following way:

  • When you make a booking enquiry by telephone or through the booking enquiry form on Fresh Aroma Cleaning Services  website or mobile app, you will be required to acknowledge that you have read and understood these Terms.
  • Fresh Aroma Cleaning Services will then provide a non-binding estimate based on the information you have provided. If you choose to proceed with the booking, your request to provide the Services will constitute an offer.
  • Fresh Aroma Cleaning Services will, as agent, indicate its acceptance of your offer on behalf of the Provider by sending you the First Confirmation Email confirming the price and other details of your booking and providing a copy of these Terms for you to retain for your records. At that point, your contract with the Provider will come into force and these Terms will be binding on you.
  • At any time up to the day before your appointment, Fresh Aroma Cleaning Services will send you the Second Confirmation Email to remind you about your booking and to confirm the details of the Provider who will perform the Services for you.

2.4 For the avoidance of doubt, Fresh Aroma Cleaning Services acts as an introductory agent for the Provider and is authorised by the Provider to enter into a contract with you on its behalf. Your contract is with the Provider and responsibility for the provision of the Services is the Provider’s alone. You agree that Fresh Aroma Cleaning Services takes no responsibility (directly or indirectly) and incurs no liability of any kind for the provision of the Services by the Provider.

2.5 If you are a Consumer and you are within the 14-day cancellation period (see clause 13.1), you may make a change to the booked Services without charge at any time prior to the start of the Services by contacting Fresh Aroma Cleaning Services. Please try to give at least 48 hours’ notice, otherwise the Provider may not be able to accommodate the changes you wish to make. This might be the case, for example, if you require a cleaner for longer than you have booked for.

2.6 If you are not a Consumer, or you are a Consumer but the 14-day cancellation period has expired (see clause 13.1), you may make a change to the Services without charge up to 24 hours before the start date for the Services by contacting Fresh Aroma Cleaning Services. Where this means a change in the total price of the Services, Fresh Aroma Cleaning Services will notify you of the amended price in writing. You can choose to cancel the Services in accordance with clause 13 in these circumstances. If you change the date the cleaning services are to be performed without giving 24 hours’ notice, this will be treated as a cancellation and in these circumstances you agree to pay the Cancellation Charge. If your change is a reduction in the amount of time a cleaner is required to spend at your property, you agree to pay the original price specified in the First Confirmation Email if you do not give at least 24 hours’ notice of the change.

2.7 If you wish to cancel the Services, please see your right, and the procedure for doing so, in clause 13.

2.8 Fresh Aroma Cleaning Services shall have no obligation to provide an estimate and may withdraw any estimate at any time prior to sending the Second Confirmation Email. Any estimate shall be deemed withdraw by Fresh Aroma Cleaning Services if the Services to which the estimate relates are not booked within 28 days of receipt of the estimate.

3 – PROVIDING SERVICES

3.1 The Provider will supply the Services to you.

3.2 The Provider will make every effort to provide the Services in accordance with the time scales set out in the First Confirmation Email. However, there may be delays due to an Event Outside the Provider’s Control. See clause 12 for the Provider’s responsibilities when an Event Outside the Provider’s Control happens.

3.3 The Provider will provide any Provider Equipment set out in the First Confirmation Email and ensure that it is in good working order.

3.4 The Provider will provide the Materials set out in the First Confirmation Email and any additional Materials in accordance with clause 8.

3.5 The Provider will provide you with the Services:

  • using reasonable care and skill;
  • in compliance with commonly accepted practices and standards in the relevant industry or trade; and
  • in compliance with all applicable laws and regulations (including employment laws) in force at the time of providing the Services.

3.6 The Provider may sub-contract or delegate some or all of the performance of the Services but it will still continue to be responsible for the performance of the Services and its obligations under the contract.

3.7 n the case of regular services, the Provider does not guarantee that the Services will always be performed by the same individual(s), as the availability of any individual will fluctuate from time to time and an individual may cease to be available altogether at any time. The Provider shall be under no obligation to comply with any request to allocate any particular individual(s) to perform the Services.

4 – YOUR OBLIGATIONS

4.1 You will provide, on request, any information that the Provider reasonably requires to enable the Provider to provide the Services, for example, information relating to the size, measurements or layout of or access to your property. Fresh Aroma Cleaning Services will contact you about this. If any information you provide is incomplete or incorrect, the Provider may make an additional charge of a reasonable sum to cover any extra work that is required. Any additional charges will be agreed with you in advance.

4.2 If the Services are cleaning services, you will provide a list of cleaning tasks you require to be carried out, either to Fresh Aroma Cleaning Services at the time of your initial booking enquiry or to the Provider on its arrival at your property. You will also provide full details of any items which require specialist or non-standard care or cleaning products at the time of the original booking enquiry. The Provider shall be under no obligation to provide such specialist or non-standard care or cleaning products unless expressly agreed at the time you make the booking.

4.3 If the Services relate to the removal of waste or rubbish, you will clearly identify the area to be cleared or provide a list of specific items to be removed and/or photographs showing such area or items. Items cannot be retrieved once they have been removed. Therefore, if there are any items which are not to be removed, you must identify these clearly to Fresh Aroma Cleaning Services when you make your booking enquiry or to the Provider on arrival at your property. The Provider shall not be responsible for the loss of any items which have been removed in error if you have failed to identify them.

4.4 Where performance of the Services requires access to your property, you will allow the Provider to gain access to your property at the agreed dates and times when the Provider will perform the Services. If keys are provided, they must open and close all locks without special effort or skill. If the property is protected by an alarm, you must provide full details of how to disable and reset it. You agree to notify Fresh Aroma Cleaning Services if you provide the Provider with keys to your property. If you require the return of any keys on completion or cancellation of the Services, you must give reasonable notice of this request to Fresh Aroma Cleaning Services or the Provider prior to completion or cancellation. If you fail to give such notice, you will have the option either to collect the keys from Fresh Aroma Cleaning Services  or the Provider’s office (as applicable) or to make arrangements with Fresh Aroma Cleaning Services for the return of the keys by unregistered post for a fee of AUD 10.00 to cover postage and administration.

4.5 You will be responsible (at your own cost) for providing a running water supply and electricity from standard household sockets at the property where the Services are to be carried out. You will also allow the Provider to use your toilet and washing facilities.

4.6 You will be responsible (at your own cost) for obtaining all necessary planning, landlord or other consents, permissions and approvals before the Provider starts performing the Services and shall provide a copy to the Provider if reasonably requested to do so.

4.7 You will be responsible (at your own cost) for preparing your property for the supply of the Services including, where necessary, making safe any appliances or equipment at the property (such as solid fuel stoves and ovens) and removing (if you are able to) any items from the areas in the property where the Provider will be performing the Services by the date or time when the Provider is due to start performing the Services.

4.8 You will be responsible (at your own cost) for covering any items, furniture or fixtures or fittings which you will not be moving from the areas at the property where the Provider will be working in order to protect them from dust or dirt. You will also be responsible for securing or removing any valuables, breakables or sentimental items prior to the start of the Services.

4.9 You will be responsible (at your own cost) for providing or arranging a suitable car parking space (and visitor parking permit, if required) for the Provider’s vehicles within close proximity to the property and for paying any congestion charge payable by the Provider in connection with the provision of the Services to you.

4.10 Where the provision of the Services cannot be completed in a single day, you will allow the Provider to leave its tools and any Materials at your property overnight or at any other times when it is not performing the Services.

4.11 You will be responsible (at your own cost) for providing the Customer Equipment and ensuring that it is safe and in good working order.

4.12 You must inform Fresh Aroma Cleaning Services prior to the start of the Services if there will be any animals present at your property whilst the Provider is on site and to ensure (at your own cost) that such animals are adequately secured and cared for. You must ensure that there are no unaccompanied children at the property whilst the Provider is on site. Under no circumstances shall the Provider accept any responsibility for the care of any children or animals at the property.

4.13 Unless agreed otherwise in writing, you will be solely responsible for the removal of all waste materials from your property following completion of the Services.

4.14 If you do not comply with or fulfil your obligations under this clause 4, the Provider may be prevented from performing the Services. If so, such failure will constitute an Event Outside the Provider’s Control and entitle the Provider to suspend the Services in accordance with clause 12 or cancel them in accordance with clause 14. If the Provider is prevented from performing the Services at the time agreed, or at all, as a result of your failure to fulfil your obligations under this clause 4, you agree to pay the Cancellation Charge (subject to any cancellation rights you may have as a Consumer under clause 13.1).

5 – SITE VISITS

5.1 Some of the services the Provider offers may require a site visit to be carried out prior to the provision of such services. Services which might require a site visit include removal services, landscaping and gardening services, building services, handyman services, pest control services and waste collection services, but a site visit may also be necessary for other services depending on the information you provide at the time of making a booking.

5.2 If such a site visit is required, Fresh Aroma Cleaning Services will let you know when you make a booking and will arrange a mutually convenient time for the Provider to visit your property or other location where the Services are to be performed.

5.3 If a site visit is required, a fee will be payable at the time of making the booking to cover the Provider’s expenses of carrying out the site visit. The fee will be between AUD 20.00 and AUD 50.00 including GST, depending on the Service required, and this will be agreed with you at the time of booking the site visit.

5.4 A site visit may be undertaken on the same day as the Services are to be carried out, but in any case the site visit shall constitute a Service in its own right, separate from the Services to which the site visit relates. If the Provider attends your property to undertake the site visit at the agreed time and date but is unable to gain access, or you cancel the Services after the Provider’s arrival, then in accordance with clause 13.1.7 the Provider shall be entitled to retain a reasonable proportion of the site visit fee to cover the Provider’s expenses for having attended your property.

5.5 If you are a Consumer and you require the Services to be carried out during the 14-day cancellation period (see clause 13.1), then during the site visit the Provider may require you to sign a written request to start work during this period. If you do not sign the written request, the Provider will not be able to provide the Services until the end of the cancellation period, to give you the opportunity to change your mind. In these circumstances, your appointment will need to be rescheduled.

6 – CHANGES TO THESE TERMS

6.1 These Terms may be amended by Fresh Aroma Cleaning Services from time to time in its sole discretion. By way of example only, this may be necessary to:

  • reflect changes in how the Provider accepts payment from you;
  • reflect operational changes to the provision of the Services;
  • correct an obvious error;
  • reflect changes in rates and/or prices as permitted by clause 9.11; and comply with changes in relevant laws and regulatory requirements.

6.3 If these Terms need to be amended by Fresh Aroma Cleaning Services for any reason, Fresh Aroma Cleaning Services will give you notice of any changes before they take effect. If you object to the changes, you can choose to cancel the Services in accordance with clause 13.

6.4 Except as set out in this clause 6, no change to these Terms shall be effective unless it is in agreed in writing by Fresh Aroma Cleaning Services in advance.

7 – IF THERE IS A PROBLEM WITH THE SERVICES

7.1 In the unlikely event that the Services have not been provided in accordance with the contract:

  • please contact Fresh Aroma Cleaning Services and explain the problem as soon as reasonably possible and in any case within the period of two months following discovery of the problem;
  • please give Fresh Aroma Cleaning Services a reasonable opportunity to investigate the problem and, if the Provider was at fault, arrange for the Provider to correct, repair or fix any defect; and
  • the Provider will use every effort to correct, repair or fix defects as soon as reasonably practicable if such problems or defects are found to have been caused by the Provider.
  • For the avoidance of doubt, the Provider shall have no responsibility or liability under clause 7.1 in relation to any of the following:
  • your failure to notify Fresh Aroma Cleaning Services of any defect with the Services within the period of two months following your discovery of such defect;
  • disruption to the Services or damage to your property or belongings caused by third parties who are present on site during the performance of the Services by the Provider;
  • damage or defects caused by your negligence, wilful act or faulty workmanship, or that of any third party engaged or authorised by you to carry out any work for you;
  • damage to your garden and/or any vegetation on your property where the Provider has followed your instructions regarding the care and treatment of such garden and/or vegetation;
  • damage to your property caused by waste left behind following completion of the Services, save where the same has been caused by the Provider’s negligence or failure to exercise reasonable care and skill;
  • damage to items which require specialist or non-standard care or cleaning products where the Provider’s attention has not be specifically drawn to such requirements or where the Provider has followed incorrect care instructions provided by you;
  • pre-existing wear and tear, damage, defects or faults in your property, its contents or your belongings;
  • stains, burns, ingrained dirt and other marks which cannot be removed with industry standard cleaning methods and materials;
  • shrinkage of carpets where such shrinkage is caused by the poor fitting of such carpets;
  • your failure to allow carpets to dry adequately before replacing furniture;
  • wear or discolouration of fabric which becomes more apparent as a result of cleaning;
  • in the case of a gutter cleaning or repair service, any new blockage or damage which may arise following the service unless it has been caused by the Provider or the Provider’s failure to carry out the work correctly;
  • damage to the property, its contents or your belongings caused by faulty or defective products, materials and equipment provided by you and used by the Provider in the performance of the Services;
  • non-completion of any tasks not specifically set out in the First Confirmation Email or otherwise notified to Fresh Aroma Cleaning Services by you in writing, and accepted by Fresh Aroma Cleaning Services in writing, prior to the start of the Services;
  • the Provider’s failure to complete all or part of the Services where such failure is caused by your failure to provide adequate supplies of the Customer Equipment;
  • the Provider’s failure to complete all or part of the Services where such failure is caused by your failure to book the Provider for the recommended number of hours or where you require the Provider to carry out additional tasks over and above what was originally booked; and
  • the quality of “end of tenancy” or “after builders” cleaning services where such services are carried out by the Provider whilst the property is still occupied by tenants, builders or other third parties.

7.2 Where you report a problem, it may be necessary for Fresh Aroma Cleaning Services to arrange a site inspection by one of its customer care representatives. In this event, you agree that the representative shall be entitled to take photographs of any damage to your property or possessions for the purpose of producing his or her report and resolving the issue.

7.3 If you are a Consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials used to provide the Services are faulty or not as described. Advice about your legal rights is available from Australian Competition and Consumer Commission (https://www.accc.gov.au). Nothing in these Terms will affect these legal rights.

8 – MATERIALS

8.1 At the time the Provider performs the Services, it may not have all the Materials it needs to perform the Services. This may be for a number of reasons such as:

  • the need for the particular Materials may only be revealed when the Provider starts performing the Services; or
  • the condition of an item or the area which is the subject of the Services may only become apparent when the Provider starts performing the Services and it was not reasonably possible to establish it until that point.

8.2 In such cases the Provider may need to purchase Materials. If the Materials are available from a local supplier then the Provider will travel to the supplier and purchase the Materials and return to continue performing the Services. The Provider normally charges for the travel time at its standard charging rate, as may be notified to you from time to time. If you are a Consumer, any additional charges will be agreed with you in advance. If you are not a Consumer, the Provider will seek your prior consent to any additional charges if the travel time is likely to be more than an hour.

8.3 If the Materials are not available from a local supplier, the Provider normally orders the Materials and returns on another occasion to continue to perform the Services. The Provider will not charge you for any time spent in obtaining Materials if it has bought or ordered the wrong Materials. In such circumstances it will normally charge for the time spent in making telephone calls to suppliers or its office to locate the required Materials. If you are a Consumer, any additional charges will be agreed with you in advance.

8.4 Where the Provider needs to buy Materials in order to perform the Services, you will pay for them in accordance with the payment terms set out in the First Confirmation Email. If the Provider needs to purchase additional materials which are not already set out in the First Confirmation Email, it will agree this with you in advance and will either require you to pay for them at the time it needs to buy them or, at its option, arrange for Fresh Aroma Cleaning Services to invoice you for the additional materials, in which case payment will be due within seven days of the date of the invoice. Until the Materials have been paid for in full (including any applicable delivery charges notified to you), the Provider shall own the Materials.

8.5 Where the Provider purchases Materials, you will examine them as soon as you reasonably can after delivery and/or installation.

8.6 – Some materials, when they are manufactured or made, have inherent imperfections or variations. The Provider will not be in breach of its obligations to provide you with goods which are of satisfactory quality, or comply with any description or that are fit for their purpose where there is an inherent imperfection or variation caused by or due to their making or manufacture or construction.

8.7 Any Materials purchased or used in performing the Services will be new and of satisfactory quality and fit for the purpose of being used in connection with the type of services being provided.

8.8 If you wish to supply any materials or goods, then the Provider will not be liable as regards whether they are of satisfactory quality or fit for the purpose for which they are to be used.

8.9 If you have any particular or special purpose for, or for the use of, the Materials please let the Provider know before it starts using the Materials. Preferably you should let the Provider know about such purpose in writing.

8.10 If the amount of Materials the Provider uses is less than the amount originally specified, on completion of the Services the Provider will leave the excess Materials at the property. If you wish the Provider to remove these excess Materials please let the Provider know. The Provider will need at least two Working Days before the date of the completion of the Services if the Provider is to remove them.

9 – PRICE AND PAYMENT

9.1 The price for the Services (and any Provider Equipment) will be as agreed and confirmed in the First Confirmation Email (save in the case of obvious error). The price for many of the Services will be calculated according to the amount of time that the Provider will need to spend in performing the Services. In this case, the Provider charges for each period and/or part period of 60 minutes spent in providing the Services. For other Services, the rate is calculated on a different basis, for example by weight in relation to waste removal. The applicable rates for performing the Services will be notified to you when you make your booking and will be confirmed in the First Confirmation Email.

9.2 A separate call-out charge may be applicable in the case of certain Services, such as building, handyman or pest control Services. If a call-out charge applies, this will be made clear in the estimate provided to you at the time of making your booking. If the Provider attends your property to carry out the Services at the agreed time and date, but is unable to gain access or you cancel the Services after the Provider’s arrival, then in accordance with clause 13.1.7 the Provider shall be entitled to retain any call-out charge to cover the Provider’s travel and other expenses incurred as a result of having attended your property.

9.3 The price for any Materials will be as agreed and confirmed in the First Confirmation Email (save in the case of obvious error) or as agreed with you in accordance with clause 8.

9.4 Fresh Aroma Cleaning Services has no control over Providers’ rates, which may fluctuate from time to time to reflect changes in underlying costs and other factors such as inflation.
Where the price indicated to you in the First Confirmation Email is different from the price that the relevant Provider will charge for the relevant Services, Fresh Aroma Cleaning Services will contact you to notify you of the revised price. If the revised price is not acceptable to you, you are free to cancel your booking without any liability.

9.5 All payments to be made by post, over the telephone or through Fresh Aroma Cleaning Services  website or mobile app must be paid to Fresh Aroma Cleaning Services by cheque, credit/debit card or bank transfer (as applicable) and shall be received by Fresh Aroma Cleaning Services on behalf of the Provider. If you choose to pay for the Services by credit/debit card, you will be asked to provide your card details at the time of making the booking. You may be asked to make an advance or immediate payment of the price of the Services and, if applicable, the Provider Equipment and/or any Materials. A pre-authorization of the total service price may be set for security purposes up to five working days prior the appointment time. Such hold of funds will be completed and the actual capture of the funds will be done after the performance of the service. Payments made via Fresh Aroma Cleaning Services   website or mobile app will be processed by one of Fresh Aroma Cleaning Services   third-party payment processing partners, Stripe or NAB Transact (as applicable), on completion of the Services. If you are granted a credit account, you shall pay for the Services in accordance with the terms of the credit account.

9.6 No payments in person and/or in cash will be accepted by the Provider or by Fresh Aroma Cleaning Services.

9.7 If any portion of the price payable by you is due and payable only following completion of snagging work (for example in relation to handyman or building Services), then that portion shall become due and payable immediately on the earlier of: (i) completion of such snagging work to your reasonable satisfaction, or (ii) if no snagging work is required by you or you do not provide access to your premises to allow the Provider to carry out the snagging work, within 14 days of completion of the original work to which the snagging relates.

9.8 There can be times when the Provider may need to charge you a higher amount than agreed. This can occur for a number of reasons, in particular where:

  • what you require the Provider to do changes, or the amount of work or Services you require the Provider to provide increases or is different to what was agreed before the Provider started performing the Services; or
  • when the Provider starts performing the Services it becomes apparent that the amount of Services the Provider will need to perform or the type of work that is involved is different to what was agreed before the Provider started performing the Services and which the Provider could not reasonably have foreseen before the Provider started performing the Services.

9.9 Where the Provider needs to charge you a higher amount than agreed (as set out in clause 9.8) then the Provider will seek your approval to the extra amount that you will need to pay before continuing to provide the Services.

9.10 The rates and/or prices may change at any time, but such changes shall only affect the price of the Services as set out in clause 9.11.

9.11 The rates and/or the prices of the Services may be adjusted at any time to reflect increases or decreases in the Provider’s costs, including the cost of raw materials, and increases in the Consumer Price Index during the previous year. Fresh Aroma Cleaning Services shall give you prior notice in writing of proposed changes. Any changes to the rates and/or prices will not affect any one-off Services booked prior to the date that the change in the rates and/or prices is due to take effect.

9.12 The rates and prices include GST, where applicable. Where GST is payable by you, if the rate of GST changes between the date of the First Confirmation Email and the date of performance of the Services, the rate of GST that you pay will be adjusted, unless you have already paid for the Services in full before the change in the rate of GST takes effect.

9.13 You may be asked to make an advance or immediate payment of the price of the Services and, if applicable, the Provider Equipment and/or any Materials. If advance payment is required, this you will be duly informed and you must make such payment in accordance with the terms specified in the First Confirmation Email which will specify the sum due, the required method of payment and the deadline for payment. Your rights to reimbursement of any advance payment on cancellation are set out in clause 13.

9.14 The Provider will invoice you for the balance of the Services and, if applicable, the Provider Equipment and/or Materials (or the balances thereof, as the case may be) on or at any time after completion of the Services. You must pay each invoice in cleared funds by the due date specified in the First Confirmation Email or the invoice, as applicable. Where the First Confirmation Email and the invoice are silent as regards the due date for payment, payment shall be due within 30 calendar days following the date of the invoice. If you have chosen to pay by credit/debit card, the payment will be finalized by the end of the day on which the Services have been completed.

9.15 If you do not pay for the Services when you are supposed to as set out in clauses 9.13 and 9.14, the Provider may suspend the Services with immediate effect until you have paid the outstanding amounts (except where you dispute an invoice under clause 9.18). Fresh Aroma Cleaning Services will contact you to tell you this. This does not affect the Provider’s right to charge you interest under clause 9.16.

9.16 If you do not make any payment due by the due date for payment, the Provider may charge interest to you on the overdue amount from the due date for payment at either (i) the rate of 3% a year above the base lending rate of National Bank of Australia from time to time if you are a Consumer, or (ii) at the rate specified in the Late Payment of Commercial Debts (Interest) Bill 2003 if you are not a Consumer. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay interest together with any overdue amount on demand.

9.18 If you do not make any payment by the due date for payment, you agree that the Provider may process the payment of the outstanding amount at any time on or after the due date using the bank card details you provided at the time of making the booking. Such payment may include any interest due under clause 9.16 calculated up to and including the date of the payment.

9.19 However, if you dispute an invoice in good faith and contact Fresh Aroma Cleaning Services to let it know promptly after you have received an invoice that you dispute it, clauses 9.16 and 9.17 will not apply for the period of the dispute.

9.10 This clause 9 shall survive termination or expiry of the contract.

10 – THE PROVIDER’S LIABILITY TO CONSUMERS

10.1 This clause 10 applies to you only if you are a Consumer.

10.2 If the Provider fails to comply with these Terms, the Provider is responsible for loss or damage you suffer that is a foreseeable result of its failure to comply with these Terms or its negligence, but the Provider is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of the Provider’s breach or if it was contemplated at the time the contract was entered into.

10.3 If the Provider is providing Services in your property, the Provider will make good any damage to your property caused by it in the course of installation or performance. However, the Provider is not responsible for the cost of repairing any pre-existing faults or damage to your property that it discovers in the course of installation and/or performance by it.

10.4 The Provider only supplies the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose, the Provider will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.5 Subject to clause 10.6, the Provider’s total financial liability to you in respect of all direct, indirect and consequential losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed a sum equal to the lower of AUD 5,000 and the amount paid or payable to the Provider by you under the contract in the 12 months preceding the date of any claim against the Provider by you.

10.6 The Provider does not exclude or limit in any way its liability for:

  • death or personal injury caused by its negligence or the negligence of its employees, agents, representatives or sub-contractors;
  • fraud or fraudulent misrepresentation;
  • breach of the terms implied by Consumer guarantees by ACCC;
  • breach of the terms implied by Australian Consumer Law and Fair Trading Act 2012;
  • defective products under the Australian Consumer Laws (ACL), being Schedule 2 to the Competition and Consumer Act 2010; and
  • any other liability that cannot be excluded or limited by Australian law.

10. 7 The Provider may supply goods to you in connection with the Services. If you are a Consumer, you have legal rights in relation to goods that are faulty or not as described. The Provider is under a legal duty to supply goods that are in conformity with the contract. Advice about your legal rights is available from your local Australian Competition & Consumer Commission (www.accc.gov.au) or Fair Trading Australia (www.business.gov.au). Nothing in these Terms will affect these legal rights.

10.8 This clause 10 shall survive termination or expiry of the contract.

11 – THE PROVIDER’S LIABILITY TO NON-CONSUMERS

11.1 This clause 11 applies to you only if you are not a Consumer.

11.2 Nothing in these Terms shall limit or exclude the Provider’s liability for:

  • death or personal injury caused by its negligence, or the negligence of its employees, agents, representatives or sub-contractors;
  • fraud or fraudulent misrepresentation;
  • breach of the terms implied by Australian Consumer Laws (ACL), being Schedule 2 to the Competition and Consumer Act 2010; or
  • any other liability that cannot be excluded or limited by Australian law.

11.3 Subject to clause 11.2:

  • the Provider shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, sales, business or revenues, loss of business opportunity, loss of goodwill, loss of anticipates savings, loss of or corruption to data, or any indirect or consequential loss arising under or in connection with the contract; and
  • the Provider’s total financial liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed a sum equal to the lower of AUD 5,000.00 and the amount paid or payable to the Provider by you under the contract in the 12 months preceding the date of any claim against the Provider by you.

11.4 The terms implied by Australian Consumer Laws are, to the fullest extent permitted by law, excluded from the contract.

11.5 This clause 11 shall survive termination or expiry of the contract.

12 – EVENTS OUTSIDE THE PROVIDER’S CONTROL

12.1 The Provider will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by an Event Outside the Provider’s Control.

12.2 An Event Outside the Provider’s Control means any act, event or situation beyond its reasonable control. The following are examples of acts, events or situations which are not within the Provider’s reasonable control:

  • where weather conditions make it impossible or unsafe for the Provider to perform any of the Services;
  • where the condition or state of your property makes it unsafe for the Provider to perform any of the Services;
  • where you have not fulfilled your obligations under clause 4, with the result that the Provider is unable to provide all or part of the Services at the agreed time or at all. In this event, you agree to pay the Cancellation Charge (subject to any cancellation rights you may have as a Consumer under clause 13.1). Examples of where your failure to fulfil your obligations under clause 4 may result in the Provider being unable to provide the Services include without limitation:
    • where the Provider is unable to gain access to your property at the dates and/or times agreed; and
    • where you have failed to adequately prepare your property for the provision of the Services, for example, by failing to remove your belongings from the property (or from the areas of it) where the Services are to be carried out;
  • where the Provider encounters unforeseen technical problems or you make a change in the Services you wish the Provider to perform (and this results in, for example, the Provider having to do further work or wait for new or different Materials);
  • where the Provider is instructed or informed that the Services it is performing are not in accordance with statutory or regulatory requirements or are in breach of planning consents or environmental or conservation requirements;
  • if any Materials are not delivered on the date or at the time agreed with the supplier of such Materials (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier if ordered at short notice);
  • where the Provider has to wait for other providers of services (who have been engaged by you) to complete their work before the Provider is able to perform the Services (or the relevant part of the Services is dependent on the other provider if ordered at short notice);
  • for some other unforeseen or unavoidable event or situation which is beyond the Provider’s control, including but not limited to strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private utilities or telecommunications networks.

12.3 Where one of these occurs the Provider will normally attempt to recommence performing the Services as soon as the situation which has stopped it performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before the Provider can start or continue performing the Services.

12.4 If an Event Outside the Provider’s Control takes place that affects the performance of the Provider’s obligations under these Terms:

  • Fresh Aroma Cleaning Services will contact you as soon as reasonably possible to notify you; and
  • the Provider’s obligations under these Terms will be suspended and the time for performance of the Provider’s obligations will be extended for the duration of the Event Outside the Provider’s Control. Where the Event Outside the Provider’s Control affects the performance of Services to you, the Provider will restart the Services as soon as reasonably possible after the Event Outside the Provider’s Control is over.

12.5 You may cancel the Services if an Event Outside the Provider’s Control takes place and you no longer wish the Provider to provide the Services. Please see your cancellation rights under clause 13. The Provider will only cancel the contract if the Event Outside the Provider’s Control continues for longer than four weeks in accordance with its cancellation rights in clause 14.

13 – YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND

13.1 If you are a Consumer, then in accordance with the Competition and Consumer Act provisions:

  • You have the right to cancel your contract within 14 days without giving any reason.
  • The cancellation period will expire after 14 days from the day of the conclusion of the contract (i.e. the date on which you receive the Second Confirmation Email confirming the details of your Provider).To exercise the right to cancel, you must inform Fresh Aroma Cleaning Services of your decision to cancel the contract by a clear statement (such as a letter sent by post or email or a telephone call). You may use the Cancellation Form in the Schedule to these Terms, but it is not obligatory. If you use this option, Fresh Aroma Cleaning Services will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by email) without delay. Please use the following contact details for all cancellations.
    • Telephone: 0466 894 987
    • Email: contact@fresharoma.com.au
  • To meet the cancellation deadline, it is sufficient for you to send Fresh Aroma Cleaning Services your cancellation before the cancellation period has expired.
  • If you cancel your contract before the Services begin, Fresh Aroma Cleaning Services will reimburse to you all payments received from you.
  • Fresh Aroma Cleaning Services will make the reimbursement without undue delay, and not later than 14 days after the day on which Fresh Aroma Cleaning Services is informed about your decision to cancel your contract.
  • Fresh Aroma Cleaning Services will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
  • If you made a request for the performance of the Services to begin during the cancellation period, you acknowledge that you shall pay Fresh Aroma Cleaning Services or the Provider, as applicable, an amount which is in proportion to what has been performed up to the time you communicated your decision to cancel. For the avoidance of doubt, this may include a proportion of any site visit fee payable under clause 5 or any call-out charge payable under clause 9.2.
  • If you made a request for the performance of the Services to begin during the cancellation period, you acknowledge that you will lose the right to cancel your contract once the Services have been completed and in these circumstances you will be required to pay for the Services in full.

13.2 If clause 13.1 does not apply to you, because you are not a Consumer or you are a Consumer but the 14-day cancellation period has expired, the remaining provisions of this clause 13.2 will apply to you if you cancel your contract with the Provider:

  • Before the Provider begins to provide the Services, you have the following rights to cancel the Services (including where you choose to cancel because the Provider is affected by an Event Outside the Provider’s Control or if the Terms are changed under clause 6.1 to your material disadvantage):
    • You may cancel the Services without charge up to 24 hours before the start date for the Services by contacting Fresh Aroma Cleaning Services. Fresh Aroma Cleaning Services will confirm your cancellation in writing to you. If you do not give at least 24 hours’ notice of cancellation, you agree to pay the Cancellation Charge.
    • If you cancel the Services under clause 13.2.1.1 and you have made any payment in advance for Services that have not been provided to you, these amounts will be refunded to you (less the Cancellation Charge, if applicable under clause 13.2.1.1).
    • However, if you cancel the Services under clause 13.2.1.1 and the Provider has already started work in relation to the Services by that time, you will pay the Provider any costs the Provider has reasonably incurred in starting to fulfil the Services (in addition to the Cancellation Charge, if applicable under clause 13.2.1.1), and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. Fresh Aroma Cleaning Services will tell you what these costs are when you contact it. However, where you have cancelled the Services because of the Provider’s failure to comply with these Terms (except where the Provider has been affected by an Event Outside the Provider’s Control), you do not have to make any payment to the Provider.
  • In the case of Services which are provided on a regular or periodic basis (such as weekly domestic cleaning or gardening), you may cancel the Services without charge at any time after the Provider has begun to provide the Services to you by providing Fresh Aroma Cleaning Services with written notice at least seven days’ before the next date on which the Services are due to be provided. Any advance payment you have made for Services that have not been provided will be refunded to you, provided that if you give less than seven days’ notice of cancellation, you agree to pay the Cancellation Charge.
  • In the case of Services which involve a one-off task to be carried out over more than one day (such as garden landscaping or decorating services), you may cancel the Services at any time after the Provider has begun to provide the Services to you by contacting Fresh Aroma Cleaning Services. Any advance payment you have made for Services that have not been provided will be refunded to you, but you will be required to pay for the Services provided up to the point when you cancelled the Services in addition to any sums payable in accordance with clause 13.2.5. The sums payable under this clause 13.2.3 will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. Fresh Aroma Cleaning Services will tell you what these costs are when you contact it.
  • In the case of all Services, once the Provider has begun to provide the Services to you, you may cancel the Services with immediate effect without charge by giving Fresh Aroma Cleaning Services written notice if:
    • the Provider breaches any of the terms in these Terms in any material way and does not correct or fix the situation within seven days of you notifying Fresh Aroma Cleaning Services of the problem;
    • the Terms are changed under clause 6.1 to your material disadvantage;
    • the Provider is affected by an Event Outside the Provider’s Control (save that where this is caused by your failure to comply with your obligations under clause 4, you will be required to pay for such Services as have been provided up to the time of cancellation).
  • If you cancel the Services and the Provider with your consent has already purchased or contractually committed to purchase any Materials, you will pay the Provider the cost of such Materials. On the Provider’s receipt of payment, any such Materials which the Provider has not already used in the performance of the Services will be delivered to you and ownership of those Materials will pass to you at that point. The cost of the Materials will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. Fresh Aroma Cleaning Services will tell you what these costs are when you contact it. However, if you cancel the Services because the Provider has failed to comply with these Terms, you do not have to make any payment to the Provider for the Materials unless the reason for the Provider’s failure is an Event Outside the Provider’s Control under clause 12.2.3 (your failure to comply with your obligations).

14 – THE PROVIDER’S RIGHTS TO CANCEL AND APPLICABLE REFUND

14.1 The provisions of this clause 14 are subject to any more favourable cancellation rights you may have as a Consumer under clause 13.1.

14.2 If the Provider has to cancel the Services before the Services start:

  • The Provider may have to cancel the Services before the start date for the Services, due to an Event Outside the Provider’s Control or the unavailability of key personnel or key materials without which the Provider cannot provide the Services. Fresh Aroma Cleaning Services will promptly contact you if this happens.
  • If the Provider has to cancel the Services under clause 14.2.1 and you have made any payment in advance for Services that have not been provided to you, these amounts will be refunded to you. However, if clause 12.2.3 applies, because the Event Outside the Provider’s Control is your failure to comply with your obligations under clause 4, then the Cancellation Charge will be deducted from your refund (subject to any cancellation rights you may have as a Consumer under clause 13.1).
  • Where the Provider has already started preparatory work in relation to the Services by the time the Provider has to cancel the Services under clause 14.2.1, the Provider will not charge you anything and you will not have to make any payment. Any advance payments will be refunded to you.

14.3 In the case of Services which are provided on a regular or periodic basis (such as weekly domestic cleaning or gardening), once the Provider has begun to provide the Services to you, the Provider may cancel the Services at any time by providing you with at least 30 days’ notice in writing. If you have made any payment in advance for Services that have not been provided to you, these amounts will be refunded to you.

14.4 The Provider may cancel the Services at any time with immediate effect on written notice to you if:

  • you do not pay any sums due when you are supposed to as set out in clauses 9.13 and 9.14. This does not affect the Provider’s right to charge interest under clause 9.16; or
  • you breach any of the terms in these Terms in any other material way and you do not correct or fix the situation within seven days of being asked to do so in writing.

14.5 If the Provider cancels the Services and it has already purchased or contractually committed to purchase any Materials, you will pay the Provider the cost of any Materials which it has already used in the performance of the Services. The cost of the Materials will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. Fresh Aroma Cleaning Services will tell you what these costs are when you contact it.

15 – THE PROVIDER’S EMPLOYEES, WORKERS, REPRESENTATIVES AND SUB-CONTRACTORS

15.1 Fresh Aroma Cleaning Services has a written contract with all Providers prohibiting them from working directly or indirectly for clients they have been introduced to by Fresh Aroma Cleaning Services, during and for six months immediately following termination of their contract with Fresh Aroma Cleaning Services. Fresh Aroma Cleaning Services values its Providers and invests a significant amount of time and money in their training and in ensuring that they meet the high standards of service expected of them.

15.2 For as long as the Services are being provided by the Provider and for a period of six months thereafter, you agree not to directly or indirectly engage, or offer to engage, the Provider or any of the Provider’s employees, workers, representatives or sub-contractors to provide services to you of a kind similar to or the same as the Services.

15.3 If you breach clause 15.2, you agree that you shall pay the sum of AUD 1000.00 as liquidated damages. You agree and accept that this sum represents a genuine pre-estimate of the loss arising from your breach.

15.4 Payment of the sum due under clause 15.3 shall be payable to Fresh Aroma Cleaning Services on demand. You agree that all or part of the sum due may be deducted from any monies Fresh Aroma Cleaning Services and/or the Provider may hold in relation to the provision of the Services.

15.5 This clause 15 shall survive termination or expiry of the contract.

16 – HOW TO CONTACT Fresh Aroma Cleaning Services

16.1 If you have any questions or if you have any complaints, please contact Fresh Aroma Cleaning Services. You can contact Fresh Aroma Cleaning Services by telephoning or emailing Fresh Aroma Cleaning Services  customer support team using the following contact details:

Telephone: 0466 894 987

Mail: contact@fresharoma.com.au

16.2 If you wish to contact Fresh Aroma Cleaning Services in writing, or if any clause in these Terms requires you to give notice in writing (for example, to cancel the Services), you can send this to Fresh Aroma Cleaning Services by email, or by post to the postal address or email address set out above. Fresh Aroma Cleaning Services will confirm receipt by contacting you in writing. If Fresh Aroma Cleaning Services has to contact you or give you notice in writing on the Provider’s behalf, it will do so by email, by hand, or by pre-paid post using the contact details you provide at the time of making your booking.

17 – HOW YOUR PERSONAL INFORMATION MAY BE USED

17.1 The Provider will only use the personal information you provide to Fresh Aroma Cleaning Services and/or the Provider to provide the Services to you and, where applicable, to process your payment for the Services.

  • Fresh Aroma Cleaning Services will only use the personal information you provide to Fresh Aroma Cleaning Services and/or the Provider in accordance with its Privacy Policy which is available at https://fresharoma.com.au/privacy-policy/. Please take the time to read the Privacy Policy as it includes important terms which apply to you.

18 – OTHER IMPORTANT TERMS

18.1 Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the contract shall remain in full force and effect.

18.2 Termination or expiry of the contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the contract which existed at or before the date of termination or expiry.

18.3 The Provider may transfer its rights and obligations under these Terms to another organisation, and Fresh Aroma Cleaning Services will always notify you in writing if this happens, but this will not affect your rights or the Provider’s obligations under these Terms.

18.4 This contract is between you and the Provider. Other than Fresh Aroma Cleaning Services, no other third party shall have any rights to enforce any of its terms.

18.5 Each of the clauses of these Terms operates separately. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.

18.6 If the Provider fails to insist that you perform any of your obligations under these Terms, or if the Provider does not enforce its rights against you, or if it delays in doing so, that will not mean that it has waived its rights against you and will not mean that you do not have to comply with those obligations. If the Provider does waive a default by you, it will only do so by written notice sent to you by Fresh Aroma Cleaning Services, and that will not mean that it will automatically waive any later default by you.

18.7 These Terms are governed by Australian law. You and the Provider both agree to submit to the non-exclusive jurisdiction of the Australian courts.

18.8 When the words “writing” or “written” are used in these Terms, such references will include email unless stated otherwise.

18.9 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

18.10Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.