Terms and Conditions

Focused on Cleaning

TERMS AND CONDITIONS

PLEASE NOTE: This Agreement constitutes a legally binding agreement between you and Focused on Cleaning. You must read and accept these Terms and Conditions, Services Policy and the Privacy Policy before accessing, booking, or purchasing our Services.

1.Entering into a legally binding contract

    • You acknowledge that you have read, understood, accept and agree to be bound by the terms and conditions of this Agreement, including its limitation and waivers of your rights, in one of two ways:
      • when you sign the attached quote/estimation you and we will enter into a legally binding contract on the date you sign; or
      • when you request a Quote for the Services or make a Booking, then there will be a legally binding contract on the date of that oral or written agreement (including lodgement of a Booking online).
    • We suggest that before you confirm your Booking or orally agree to us providing Services that you read through this Agreement. If you have any questions concerning them, please ask us.
    • You should keep a copy of this Agreement for your records.

 

  1. DEFINITIONS
    • The following words in these Terms and Conditions have the corresponding meanings:
      • ‘Agreement’ means collectively the Focused on Cleaning Terms and Conditions, the Service Policy and the Privacy Policy as amended by Focused on Cleaning from time-to-time;
      • ‘Australian Consumer Law’ means Schedule 2 of the Competition and Consumer Act 2010 (Cth) (formerly the Trade Practices Act 1974 (Cth) as amended from time-to-time;
      • ‘Australian Privacy Principles’ means Schedule 1 of the Privacy Act as amended from time-to-time;
      • ‘Booking’ means when a Customer places a confirmed order for Services with Focused on Cleaning to be carried out at the Premises at the agreed Services Time;
      • ‘Cancellation Fee’ means a fee charged by us for the cancellation of a Booking or Booking calculated in the following method:
        • less than 24 hours’ notice to the Services Time, an amount equal to 2 hours cleaning including GST;
        • less than two (2) hours’ notice to the Services Time, an amount equal to 50% of the total amount of the Booking including GST; and
        • at the Services Time, the total Booking amount including GST.
      • ‘Claim’ means all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise);
      • ‘Confidential Information’ means any information marked as confidential and any information received or developed by Focused on Cleaning during the term of this Agreement, which is not publicly available and relates to processes, equipment and techniques used by the Focused on Cleaning of including all information, know-how, data, drawings, specifications, documentation, source or object code, designs, construction, workings, functions, features and performance notes, techniques, concepts not reduced to material form, agreements with third parties, schematics and proposals and intentions, technical data and marketing information such as customer lists, financial information and business plans;
      • ‘Customer’ means you, your or customer (collectively or individually) whether acting in your capacity, or on behalf of (and with the authority of) another person, organisation, company or trust;
      • ‘Focused on Cleaning’ means Eleventy Twelve Pty Ltd ACN 633 009 640 as trustee for the Kingston Family Trust trading as Focused on Cleaning ABN 86 839 216 695, its respective subsidiaries, nominated affiliated companies, successors, substitutes or assigns and includes references to Us, We or Our;
      • GST’ means a goods and service tax, consumption tax, value-added tax, retail turnover tax or tax of a similar nature;
      • ‘Intellectual Property’ means source code, software, interfaces, content, graphics, computer code, compilation, products, services, ideas, trade marks, patents, copyrights, processes, know-how, registered designs and other rights of a similar nature including moral rights, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application;
      • ‘Invoice‘ means a tax invoice issued by Focused on Cleaning in respect of a Booking;
      • ‘Late Payment Fee’ means a fee from $99.00 including of GST charged weekly on any outstanding or unpaid Invoice;
      • ‘Loss’ means all loss including financial losses, damages, legal costs and other expenses of any nature;
      • ‘Non-access Fee’ means a fee from $99.00 including of GST charged due to an inability to access the Premises to provide the Services;
      • ‘Premises’ means the location where we will carry out the Services under a Booking;
      • ‘Privacy Act’ means the Privacy Act 1988 (Cth) as amended from time-to-time and including the Australian Privacy Principles;
      • ‘Privacy Policy’ means the Privacy Policy issued by Focused on Cleaning and as amended from time-to-time concerning the collection, use, handling, storage and sharing of your personal information and other information and data about you;
      • ‘Quote’ means an estimate of the costs and particulars required for a supply of the Services subject to these Terms and Conditions and are only valid for 14 days from the date of the Quote;
      • ‘Services’ means the cleaning, decontamination, pest treatment and other related or ancillary services that Focused on Cleaning will provide the customer as specified under a Booking;
      • ‘Services Policy’ means the Service Policy forming part of this Agreement that we provide to you upon making a Booking that stipulates your obligations and responsibilities before, during and after we perform the Services as amended from time-to-time;
      • ‘Services Time’ means the agreed time of delivery of a Booking at the Premises;
      • ‘Social Media Company’ means any online company whose primary business model is the collection and sale of data whose service can be linked to Focused on Cleaning (including but not limited to Facebook, Pinterest, Instagram and Google);
      • ‘Third Party’ means any person, organisation, entity or provider of products or services that Focused on Cleaning does not own, operate or control;
      • ‘Third Party Payment Account’ means a Customer’s use of a Third Party providers payment and financial facilities to pay for the Booking, including Third Party Providers such as Humm Finance;
      • ‘Third Party Websites’ means any link or connection point to a website, product, or service not owned, operated or controlled by Focused on Cleaning through advertisement, promotion or otherwise; and
      • ‘Websites’ means the Focused on Cleaning’s website/s, web pages and sales platforms that may be hosted or provided by a Third Party service provider, including all functions, tools and abilities on those websites.

 

  1. QUOTES
    • We normally charge for our Services on a time basis. Our rates, excluding GST, for performing the Services are set out in the quote/estimation.
    • Any prices quoted by Focused on Cleaning is an estimate only and based without our inspection of the Premises and on information and documentation provided by a Customer.
    • A Quote is not a fixed quotation or a binding indication of how much we will charge. We reserve the right to vary any prices quoted by us before we accept the Booking.
    • All Quotes are subject to these Terms and Conditions, and the Customer must accept the Quote. Acceptance must be communicated verbally or in writing to us. If a Quote is accepted, it will be treated as placement of a Booking by the Customer.
    • A Quote may only be accepted in its entirety and may be withdrawn at any time before a Customer placing a Booking.
    • As we only provide an estimated Quote, we may be required to charge you a higher amount for the Services. This can occur for several reasons, in particular, where:
      • you request us to change the Services; or
      • the amount of work or Services that we agreed to provide increases or is different to what you and we agreed before we started performing the Services quote/estimation or
      • when we start delivering the Services, it becomes apparent that the amount of Services we will need to perform or the type of work that is involved is different to what we agreed before we started performing the Services and we could not reasonably foresee this before we started performing the Services.
    • Where the amount of work involved is greater than that stated in a Quote (as set out in paragraph 4) then following will happen:
      • if the amount of extra time we need to spend to finish performing the Services will mean that the additional amount payable by you will not exceed 10% of the amount stated in the estimate, then we will carry on providing and completing the Services without contacting you and obtaining your agreement;
      • otherwise, we will not continue performing the Services, and we will seek your approval to the extra amount that you will need to pay, unless:
        • it is not possible to contact you within a reasonable time; or
        • it is not safe not to carry out and finish performing the Services (for example, your goods or premises may be left in a dangerous condition or unprotected from theft if the Services are not completed).
      • If you require any alterations or changes to the Services, then you must provide us with written notice before the Services.  Unless otherwise authorised or agreed by Focused on Cleaning management, we will refuse to provide the Services if changes or alterations are requested without notice.
      • Errors and exceptions of a Quote are excepted.

 

  1. BOOKINGS
    • You must inform us whether the Services relate to an end of a lease or tenancy agreement.
    • Customers can make a Booking through the following methods:
      • in person;
      • by telephone;
      • by email; or
      • through the Website.
    • You must provide details of any hazards, damage, slippery surfaces, health and safety risks or dangers, ingrained dirt, grease, grime and other staining or marking that is located at the Premises.
    • We may require your Personal Information (including payment information) at the time that you make a Booking.
      you agree to provide us with your valid credit card or bank details at the time of any Booking. You authorise us to debit any card with an amount equal to any Services (including any applicable fees). The payment information under this clause will be held until the Services have been finalised or paid for in full. Focused on Cleaning reserves the right not to accept a booking for any reason.
    • All Bookings are subject to a cooling-off period as set out in clause 5.

 

  1. COOLING OFF PERIOD
    • Any Bookings made through the Website include a cooling off period commencing on the date and time of placing the Booking until the day of the Service Time.
    • Bookings may be changed or cancelled by you during the cooling-off period.
    • If you cancel the Booking during the cooling-off period, then you will be entitled to a refund of the whole amount paid by you in respect of that Booking. If you have paid no amount, then the Booking will be cancelled without a refund.
    • If you change the Booking during the cooling-off period, then you must notify us within the cooling-off period of the required changes to the Booking.

 

  1. SERVICES
    • We will provide the Services at the nominated Premises on a date and time that has been agreed. Occasionally the Services will be provided at some other date or time or be dependent on several factors. We will notify you if we are unable to provide the Services on the agreed date or time.
    • Unless we agree otherwise, we will provide the Services on normal working days and start work no earlier than 7:00 am and finish work no later than 5:00 pm. A normal working day for us means Mondays to Fridays, excluding any bank or other national holidays.
    • We will contact you if there is an issue with your Booking before the Services Time.
    • We cannot guarantee or provide a firm commitment that:
      • we will start performing the Services by a specified date or time; or
      • we will complete the performance of all the Services by any specified date or time; or
      • the performance of any individual part of the Services will be completed by a specified date or time.
    • Our aim is always to provide you with the Services:
      • using reasonable care and skill;
      • in compliance with commonly accepted practices and standards in the carpet cleaning industry; and
      • following our Services Policy.
    • We reserve the rights to modify or vary the Services at any time without notice.
    • We shall not be liable to you or any Third Party for any modification, price change, suspension or discontinuance of the Services.
    • You must:
      • ensure all persons present at the Premises at the Service Time or after the Service Time are not allergic, sensitive or medically unfit for the smells, fumes, moisture and other remnants of chemicals and other solutions, gas or used during the performance of the Services at the Premises;
      • provide us with unfettered and unobstructed access to the Premises; and
      • restrain any animals or pets,

to enable us to carry out any Booking and the Services.

  • If you require us to re-perform the Services, then we reserve the right to charge you an amount for this resupply at our discretion.
  • You authorise us to take any photographic or video required before, during or after the performance of the Services at the Premises.

 

  1. SUITABILITY OF SERVICES
    • You must make your own enquiries regarding suitability
      • you must undertake your due diligence and suitability enquiries as to whether the Services, in whatever form, are fit for your intended purpose and are otherwise suitable for you. Focused on Cleaning does not provide advice or warranties (to the extent permitted by law) that the Services under a Booking will be fit for its intended purpose or requirement without knowing your intended use or requirements for the Services and having inspected the Premises to confirm the requirements of type and levels of Services required to meet your intended purpose or requirements for the Services.
      • you must ensure that the Services are in accordance with and conform with our Services Policy and any conditions, specifications, samples or other descriptions before placing a Booking.
      • Focused on Cleaning is not liable for any mistaken or incorrect Bookings.
      • While Focused on Cleaning tries to ensure that all details, descriptions and prices which appear on the Website or Social Media Companies are accurate, errors may occur. If Focused on Cleaning discover an error in the amount of any Services which we have advertised, then we will correct the mistake as soon as possible.

 

  1. PAYMENTS, CANCELLATIONS & REFUNDS
    • Payments
      • Unless otherwise agreed or stated by us:
        • all amounts payable are expressed inclusive of GST; and
        • a Booking must be paid in full before the Services Time, or at the time we provide the Services.
      • All payments made will be paid for in Australian Currency (AUD). Customers acknowledge and agree that it is their own risk if international fees or charges or currency conversion fees come as a result of making any payment. Focused on Cleaning are not responsible for any international fees, charges or currency conversion fees and the Customer indemnifies Focused on Cleaning of such fees and expenses if incurred.
      • In respect of any taxable supply, the Customer pays to Focused on Cleaning an additional amount equal to the prevailing GST rate, which is payable at the same time and in the same manner as any fees.
      • We only accept payments made by way of credit or debit card, bank transfer, cash or EFTPOS.
      • Any payments made by way of a bank transfer must have been received as cleared funds by us before carrying out any Booking. you are required to notify us of your bank transfer and provide sufficient evidence confirming payment has been made by you.
      • If you elect to pay for the Booking using a payment card, then Focused on Cleaning may carry out a standard authorisation check on your card to ensure there are sufficient funds to fulfil the Booking. Upon receiving authorisation, we will debit your card.
      • If you do not pay for a Booking in accordance with 1(1)(b), then you will be deemed to have cancelled the Booking. We reserve the right to charge any applicable Cancellation Fees or charges as set out in this Agreement.
      • If we agree to Invoice you after completing the Services, then you must pay any Invoice within its stipulated payment terms.
      • Any Invoice not paid in full and outside its stipulated payment terms then we reserve the right to charge you a weekly Late Payment Fee on any Invoice that is or remains outstanding or unpaid.

 

  • Cancellations & Refunds
    • You can only cancel, suspend or postpone a Booking with written notice of at least 24 hours before the Services Time. Any cancellations, suspensions or postponements of Bookings outside this timeframe will incur an applicable Cancellation Fee unless expressly waived by us.
    • If you cancel or purports to withdraw the whole or any part of the Agreement, then you are liable to indemnify Focused on Cleaning against any Claim resulting from such purported cancellation or termination of the Services (including Third Party expenses, and any fees or costs incurred in connection with a Third Party).
    • The Non-access Fee will apply if we are unable to access the Premises for any reason.
    • Subject to this Agreement, any upfront or advanced fees paid by you are forfeited to Focused on Cleaning if you cancel, terminate, or otherwise do not proceed with the Booking for any reason.
    • If we learn of an error in the charging of any fees, then we may correct the mistake or update any information at any time and without notice.
    • We can accept or deny any cancellation or refund request by a Customer without reason and in our discretion.
    • If a Booking is changed, varied, or cancelled by us at our discretion, then we will take reasonable steps to notify you and then either:
      • source a similar alternative Services of roughly the same specifications; or
      • provide you with a refund of your Booking (if you have paid for that Booking); or
      • any other option determined by Focused on Cleaning.
    • After performing the Services, you must inspect the delivery of the Services immediately, and if the Services are not in accordance with the Services specifications and requirements, then you must give the notice to us within 24 hours of the Services Time. If you fail to provide such notice, the Services will be taken to have been performed and satisfactorily discharged in all respects. No claim or refund will be recognised unless made in writing and received by Focused on Cleaning within fourteen (14) days after the Services were performed.
    • Please choose Services carefully. Focused on Cleaning does not normally give refunds of Bookings or Services if you change your mind or make the wrong decision. you are not entitled to any refund or reimbursement of fees paid to Focused on Cleaning to the extent permitted by law.
    • You can lodge a complaint in writing to us in respect of the Services at any time. However, we will only consider assisting in resolving those lodged complaints within 24 hours of performance of the Services and in the same manner as required for a refund.
    • You agree that Focused on Cleaning is under no obligation to make any refund of any payments made by you.
    • All refunds of Services under Booking are subject to:
      • your compliance with the Services Policy;
      • your providing sufficient evidence to our satisfaction (for example, photographic or video evidence) of the Services performed and requesting a refund in writing within fourteen (14) days after the Services are performed;
      • approval and confirmation of the approval by us;
      • allowing us to access the Premises to inspect the Services performed; and
      • this Agreement.
    • Focused on Cleaning will process refunds and any payments to a Customer within a reasonable time after it approves a refund.
    • If you do not meet the requirements of a refund (as provided for under clause 2 above), then the refund will not be processed by Focused on Cleaning, and you will be liable for all costs of the Booking.
    • You must assist and answer all questions required by Focused on Cleaning concerning any refund of Services to ensure that your refund is processed honestly, correctly and efficiently.

 

  1. TERM AND TERMINATION
    • Term of Agreement
      • This Agreement will commence upon placing a Booking with us and will continue in perpetuity until this Agreement is terminated in accordance with this Agreement.

 

  • Termination & Breaches
    • Focused on Cleaning may terminate this Agreement at any time and without notice to you.
    • Notwithstanding anything in the Agreement to the contrary, Focused on Cleaning may immediately terminate the Agreement upon the happening of any of the following events:
      • if the Customer breaches or violates the terms of this Agreement; or
      • if the Customer fails to pay any fees owed to Focused on Cleaning under this Agreement; or
      • for any other reason in its discretion including no reason, and convenience.
    • You forfeit all payments made to Focused on Cleaning upon the termination of this Agreement.
    • You are not entitled to set off against, or deduct from any fees owed to Focused on Cleaning under this Agreement any sums owed or claimed to be owed to the Customer by the Focused on Cleaning nor to withhold payment of any fees owed to Focused on Cleaning under this Agreement because part of those fees are in dispute.
    • Focused on Cleaning is not liable to any Customer or any Third Party in respect of any termination or suspension of the Agreement.
    • The Customer agrees to and must indemnify Focused on Cleaning from and against any Claim, liability, Loss, damage or expense incurred by Focused on Cleaning in recovering any unpaid monies (including but not limited to internal administration fees, legal costs on an indemnity basis, the Focused on Cleaning’ collection agency costs, and bank dishonour fees) under the Agreement.
    • Focused on Cleaning will not be liable to the Customer for any Claim, Loss or damage the Customer suffers due to Focused on Cleaning exercising any right under this clause 9.
    • If the Customer breaches the Agreement, they agree to and must do all things and execute all documents required by Focused on Cleaning to assist Focused on Cleaning in enforcing their rights under the Agreement.
    • We reserve the right to refuse to provide you with a Quote or Booking (and may immediately terminate this Agreement) if you or any associated Third Party communicates with us or behaves in a way that we deem in our discretion to be inappropriate, threatening, intimidating or otherwise anti-social in nature. We reserve our right to involve the relevant government authorities at any time.

 

  1. COLLECTION AND USE OF PERSONAL INFORMATION
    • Collection and Use of Personal Information
      • Focused on Cleaning has or will be, collecting personal information about the Customer, the Customer’s guests and the Customer’s preferences. This could include, for example, names, postal or residential addresses, ages, genders, email addresses, contact details, payment details, and other personal information and sensitive information. The collection of personal and sensitive information has many purposes. The Customer agrees to and must review the Privacy Policy for clarity on the intentions of Focused on Cleaning’s collection and use of personal information.
      • If the Customer chooses not to provide Focused on Cleaning with any information when requested, then Focused on Cleaning may be unable to provide its Services to that Customer.
      • If a Customer resides outside of Australia, then the Customer agrees and consents to the transfer, processing, retention, storage and use of a Customer’s Account information, personal information, sensitive information, location data and all other data, to and within Australia and any other jurisdiction throughout the world required by Focused on Cleaning from time-to-time.
      • Notwithstanding any statutory obligation to do so, the Customer agrees that Focused on Cleaning is under no obligation to notify or provide a Customer with notice in respect of any transfer of information or data outside the jurisdiction of Australia including in the case of clause 1(1).
      • The transfer of any information or data to another jurisdiction under this clause for whatever purpose Focused on Cleaning deems necessary or required may result in the Customer’s privacy protections being less than and in conflict with the rights that the Customer holds under the Privacy Act in Australia. Focused on Cleaning will not be held responsible or accountable, and the Customer will not hold Focused on Cleaning responsible or accountable, for the disclosure, any act or practice, of any overseas Third Party recipient of information or data pursuant to the Privacy Act and the Australian Privacy Principles (APP 8.1) under this clause 1.
      • The Customer and Focused on Cleaning acknowledge and agree that information resulting from access to and use of Services according to this Agreement may be regarded as personal or sensitive information and Focused on Cleaning agrees that Focused on Cleaning’ obligations in clause 1 extends to this category of information.
      • Upon termination of the Agreement, Focused on Cleaning may, in its sole discretion and without notice, erase and destroy all copies of the Customer’s personal and sensitive information.
      • Notwithstanding any other contrary provision in the Agreement (including the Customer’s licence to Focused on Cleaning of any Customer Content), Focused on Cleaning will take reasonable steps to ensure the Customer’s personal and sensitive information is kept confidential and not deal with it in any way that might prejudice its confidentiality unless Focused on Cleaning is required by law to disclose the Customer’s personal information, or if the Customer’s personal information is otherwise made publicly available other than by Focused on Cleaning.
      • If the Customer believes that Focused on Cleaning has breached the Australian Privacy Principles, then the Customer is at liberty to make a complaint to the Australian Government Office of the Australian Information Commissioner.

 

  • Disclosure to Third Parties & Data Storage
    • The Customer agrees that its personal information that is provided to, or obtained by, Focused on Cleaning may be used and retained by Focused on Cleaning for:
      • the transmission of that information to Focused on Cleaning related parties, Third Parties, Third Party Websites, Third Parties applications or software applications;
      • the interaction or cooperation between Services and any Third Parties in the supply of the Services to the Customer;
      • the provision of, marketing to, or targeting activities based on Customer preferences or location data, analysis (including statistical analysis), verification, research, the further development of Services, or liaising with Third Parties and Third Party Websites;
      • assessing the Customer’s capacity to enter into the Agreement or any other reason reasonably necessary for the provision of the Services at the discretion of Focused on Cleaning.
    • Focused on Cleaning will collect, retain and store (including through Third-Party cloud-based storage platforms and providers) and use the Customer’s personal information and data following the Australian Privacy Principles and the Privacy Act.
    • The Customer agrees that any personal information collected by Focused on Cleaning through a Customer linking it’s Customer’s Account with a social media profile owned and operated by a Third Party or Social Media Company permits Focused on Cleaning’s collection of that information under this clause 210.
    • Focused on Cleaning does not accept liability for, and the Customer agrees that it will not hold Focused on Cleaning liable for, any loss of the Customer’s information or data arising out of, or in connection with, a breach of security of Focused on Cleaning’ storage of the Customer’s information and data including Focused on Cleaning cloud base storage with its Third Party external platform or provider.
    • The Customer acknowledges and agrees that its information and data (including its Customer Account and Customer Content) will be stored via a cloud-based platform through a Third Party provider that is external to Focused on Cleaning.
    • The Customer accepts that Focused on Cleaning does not have management or control over Focused on Cleaning’ Third Party cloud-based storage provider and that provider’s use, storage processes (including whether your information or data is subject to a pseudonymization process), security (including the level of encryption and security defence) and other policies and procedures.
    • Focused on Cleaning may disclose information to other entities bound to comply with the Australian Privacy Principles from time-to-time, to enable Focused on Cleaning to provide the Customer with the Services, and a Customer consents to that disclosure.

 

  • Compliance with the European Union GDRP
    • If a Customer is located or resides in the European Union or outside of the country of Australia, then that Customer and Focused on Cleaning are under different laws in respect of a Customer’s privacy than a Customer would ordinarily be if they were located or resides solely within Australia.
    • A Customer agrees and accepts that Focused on Cleaning will deal with a Customer’s information in accordance with the Privacy Policy and clause 10 of these Terms and Conditions irrespective of locality or residential address.

 

  1. INTELLECTUAL PROPERTY
    • Intellectual Property
      • Unless otherwise specified in the Agreement or advised by Focused on Cleaning, Focused on Cleaning retains proprietary rights in all Intellectual Property in any material provided by Focused on Cleaning in the provision of the Services and in performing its obligations under this Agreement.
      • The Customer agrees that any enhancements or improvements to Intellectual Property developed during the provision of, and in connection with delivering, the Services are also owned by Focused on Cleaning, regardless of how the enhancement or improvement if established or created.
      • The Customer agrees to sign and deliver any promptly and all documentation required to give effect to clause 1(2) including any Deed of Assignment of Intellectual Property if requested by Focused on Cleaning.

 

  1. INDEMNITIES, WAIVERS, RELEASES, LIMITATION OF LIABILITY, CONSUMER GUARANTEES
    • Waivers
      • Focused on Cleaning is not liable for any Claim, Loss or damage of any kind whatsoever caused directly or indirectly by any delivery of, delay in the completion of, or actions taken by you in respect of, the Services or the Agreement.
      • If Focused on Cleaning supplies the Services (or any part of the Services) negligently or in breach of the Agreement, then if requested by the Customer, Focused on Cleaning will do no more than re-perform the relevant part of the Services. A Customer must request within one month of the date of completion of the Services (or part thereof).
      • The Customer agrees to and must indemnify and hold harmless Focused on Cleaning from and against any Claim or Loss, to Focused on Cleaning, its employees and third parties, arising out of or connected with the Customer’s use of the Services. The Customer also agrees to and must indemnify and hold harmless Focused on Cleaning from and against any infringement by the Customer or Third Party intellectual property rights, or Third Party losses caused by reason of or arising out of any information supplied by the Customer, the Customer’s Employees or agents or consultants, or provided to Focused on Cleaning by the Customer within or out of the scope of the Agreement.
      • Each of the parties acknowledge that, in entering into the Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in the Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from the Agreement to the fullest extent permitted by law.

 

  • Limitations of Liability
    • Focused on Cleaning may include Third-Party Websites or links to the Websites and social media (which may be owned by a Third Party or Social Media Company). We do this for your convenience. Focused on Cleaning does not endorse any Third Party Website or Third Party or Social Media Company, nor does Focused on Cleaning warrant (expressly or impliedly) any information, product or service offering, link or other information or data provided or offered by a Third Party on or within the Services, including its accuracy. Focused on Cleaning is not liable or responsible for anything in connection with a Third Party or a Third Party Website.
    • To the full extent permitted by law, you agree that Focused on Cleaning’s liability:
      • excludes any loss, misplacement or damage to any personal property (for example, cash, jewellery, art, antiques, and items of sentimental value) during the performance of the Services and at the Premises;
      • excludes any pre-existing and after occurring damage, water damage, leaks, structural or inherent damage at the Premises and to any area, object, or thing the Services relates;
      • excludes all liability in respect of any Claim, loss of data, interruption of experiences or any consequential or incidental Loss arising out of your use of the Services.
      • excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in this Agreement.
      • has a maximum total aggregate liability for all Claims, Loss, damages, causes of action arising out of or in connection with any obligation, warranty or otherwise relating to this Agreement not otherwise lawfully excluded under this Agreement, is limited to the amount paid by a Customer in the 18 months prior to terminating the Services.
    • Focused on Cleaning liability for any Claim relating to this Agreement reduces to the extent to which Focused on Cleaning contributed to the damage arising from the Claim.
    • Focused on Cleaning may use Third Party payment gateways or ancillary payment processing facilities and to the extent permitted by law (including under the Australian Consumer Law), Focused on Cleaning provides no warranty, expressed or implied, in connection with such payment facilities. Focused on Cleaning will not be liable for any Loss, damages, costs or expenses suffered or incurred by a Customer which arises out of, or as a result of, any error, mistake and/or misstatement in debiting or crediting a Customer’s bank account, Third Party account, or credit card account as well as any malfunction, failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, loss or corruption of data, or any other non-performance related to such payment gateway facilities.

 

  • Consumer Guarantees & Representations
    • This Agreement is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations, including the Australian Consumer Law. If such legislation applies, to the extent possible, Focused on Cleaning limits its liability in respect of any Claim to, at the Focused on Cleaning option:
      • in the case of goods:
      • the replacement of the goods; or
      • the resupply of equivalent goods; or
      • the repair of the goods; or
      • the payment of the cost of replacing the goods or of acquiring equivalent products; or
      • the payment of having the goods repaired, and
      • in the case of the Services:
      • the supply of the Services again; or
      • the payment of the cost of having the Services supplied again.
    • Focused on Cleaning excludes to the full extent as permitted by law any liability to the Customer because of any misrepresentation arising from, or in connection with, the following:
      • any Third Party;
      • printing and clerical errors;
      • statements in oral, written or any other form by any Third Party accepted by the Focused on Cleaning in good faith and repeated by it; or
      • oral statements not confirmed by the Focused on Cleaning in writing.

 

  • Indemnities & Release
    • You agree to indemnify and release Focused on Cleaning including its subsidiaries, related or affiliated companies, contractors, employees, agents, suppliers, and partners, from any and all including any past, present and future, Claims, legal proceedings, actions, causes of actions, liability, Loss, expenses and costs, damages, and any other liabilities, including legal fees on an indemnity basis, brought on by the Customer, on behalf of a Customer, or any Third Party arising out of or in connection to:
      • the Quote, a Booking or the Services;
      • a Customer’s use, misuse, or violation of the Services or non-compliance with the Services Policy;
      • any violation of the rights of any other person or entity by a Customer; and
      • any alleged breach or violation by a Customer of the Agreement.
    • If a Customer is required to indemnify Focused on Cleaning including its subsidiaries, related or affiliated companies, contractors, employees, agents, suppliers, and partners, then Focused on Cleaning reserves the right to manage and control any litigation, legal action or proceeding, Claim, or defence proceedings.
    • The indemnities provided by a Customer under this Agreement survive any termination of the Agreement.

 

  • Warranties
    • You agree, represent, and warrant that you:
      • will not:
      • make a Booking with knowledge of pre-existing events or conditions at the Premises that would affect the delivery and performance of the Services;
      • harass, bully, abuse, threaten, mislead, defraud, infringe or violate the privacy, of us;
      • wrongly accuse or make allegations that are untrue against us;
      • use, or encourage the use of, Services for illegal purposes, criminal acts or civil wrongdoings under any law including any international law or treaty;
      • post, link, cause to send, transmit or disseminate any content, data or information which infringes any copyright, patent, trade mark or other proprietary rights of ours; and
      • intentionally interfere with our performance of the Services and the Services generally.
    • Focused on Cleaning does not affirm, represent, or warrant (to the extent permitted by law) that:
      • the Services will not damage, destroy or reduce the quality of any surface subject to the Booking;
      • the Services (or features or portions of the Services) will meet the expectations of a Customer, or that a Customer will not be disappointed if the Services performed are not beneficial in any way;
      • any result or objective can or will be achieved or attained through the performance of the Services at all or by any particular date, whether stated in the Agreement or elsewhere;
      • the Premises will remain clean, tidy and the surface will be free from marks (pre-existing or otherwise) and other damage;
      • a Third Party will complete the provision of any Services; and
      • it’s Third Party cloud-based storage provider or platform, or their servers, or Focused on Cleaning servers, will be free from viruses, worms, bugs or other potentially harmful components.

 

  • Reliance and Acceptance by the Customer of Risks with Disclaimers, Limitations, Indemnities and Releases
    • The Customer agrees that Focused on Cleaning has offered to the Customer the Services, provided all relevant pricing, and the Customer has entered into the Agreement in reliance upon the disclaimers (including warranty disclaimers), limitations of liability, indemnities and releases provided by the Customer as contained above with full knowledge and acceptance of the risks.
    • The terms under clauses 11 and 12 of this Agreement survive any termination of the Agreement.

 

  • Reporting Damage
    • You must notify us in writing any incidences where an accident, breakage, damage to property or theft has occurred during our performance of the Services within 24 hours of completion of the Services Time. Any notice received by us outside of this timeframe will not be valid to the extent permitted by law.

 

  1. GENERAL
    • Headings & Titles
      • The headings and titles used throughout these Terms and Conditions are for convenience and do not form part of the Agreement or otherwise limit or affect any of these Terms and Conditions and their interpretation.

 

  • References to Legislation
    • A reference to any statute includes references to any subsequently amended, consolidated or re-enacted version of that statute and all delegated legislation or other statutory instruments made under it.

 

  • Updating Terms & Conditions
    • Focused on Cleaning reserves the right, at its discretion, to review, amend or vary the Agreement and these Terms and Conditions at any time and from time to time without notice or prior agreement by the Customer.
    • Focused on Cleaning reserves the right, at its discretion, to:
      • amend, enhance, add, remove or cease all of, or portions of, the Services, at any time, for any reason, and without notice or liability to you; and
      • charge fees for access to all or portions of the Services and to vary the pricing at any time.

 

  • Assignment & Change of Control
    • The Customer acknowledges and agrees that Focused on Cleaning is entitled to and may, from time-to-time at its discretion, do the following:
      • assign, delegate, transfer, licence, sublicence, sub-contract, sub-let, novate the Agreement, or any part of the Agreement, or assets under this Agreement (including Intellectual Property, Customer Accounts and Customer content) or any of its obligations or rights under the Agreement; or
      • sell all, or part of, Services and its assets (including Customer Accounts and Customer content) and Intellectual Property; or
      • change, or vary, in any way the legal or corporate structure and/or the legal or beneficial ownership of the shares in Focused on Cleaning,

without notice, or prior agreement of, the Customer, for any purpose that Focused on Cleaning deems necessary, requires or for convenience and without any reason.

 

  • Force Majeure
    • Focused on Cleaning accrues no liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of the Agreement which result from circumstances beyond the reasonable control of that party. The party affected by such circumstances must promptly notify the other party in writing when such conditions cause a delay or failure in performance and when they cease to do so. If such terms continue for a continuous period of more than six months, either party may terminate the Agreement by written notice to the other party.

 

  • Waiver & Severability
    • If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    • Any variations or waivers to the Agreement must be in writing signed by the Customer and Focused on Cleaning.
    • Failure by Focused on Cleaning to enforce any of the Agreement terms shall not be construed as a waiver of any of Focused on Cleaning’ rights, or a waiver of a continuing breach.

 

  • Notices
    • A notice or other communication connected with the Agreement has no legal effect unless it is in writing. In addition to any other method of service provided by law, the notice may be sent by pre-paid post to the postal address of the addressee as set out in the Agreement, or sent by facsimile to the facsimile number of the addressee, or sent by email transmission to the email address specified in the Agreement or last notified email address to the sender.

 

  • Jurisdiction
    • The Services are only controlled and offered in Australia by Focused on Cleaning.
    • The Agreement takes effect, is governed by, and shall be construed following the laws from time to time in force in Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

 

  • Entire Agreement
    • This Agreement:
      • contains the whole agreement between Focused on Cleaning and the Customer in respect of the subject matter of this Agreement;
      • supersedes and replaces any prior written or oral agreements, representations or understandings between Focused on Cleaning and the Customer relating to such subject matter; and
      • is only provided in the English language.

 

  • Focused on Cleaning Contact Details
    • The Customer may contact Focused on Cleaning for enquiries, complaints, privacy issues, claims or questions through the following contact details:

Attention:  Focused on Cleaning

Email: [email protected]

Telephone: (07) 4635 8045

 

 

 

Last updated as of 11 August 2019.