Terms and Conditions

AND THE PARTIES HEREBY AGREE:

Access to and use of the Website is subject to the terms and conditions outlined in this agreement (the “Terms”).

1. Definitions and Interpretation

1.1. In these Terms unless the context otherwise requires:

"Booking" means the booking made by you on the Website for the provision of services.
"Booking System" means the online system which enables you to make a Booking.
"Cleaning Fee" means the fee (inclusive of goods and service tax, if applicable) for the services charged on an hourly basis or flat price, as advised by SMH Diamond Clean from time to time.

"Intellectual Property Rights" means all present and future rights anywhere in the world in relation to copyright, trademarks, designs, patents or other proprietary rights, or any rights to registration of such rights whether existing before or after your access to the Website.

"Payment Amount" means the amount that you are required to pay for the cleaning services under your Booking.

"Site Content" means all material, content and information made available on the Website including but not limited to written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression; "you", "your" means you as the user of the Website.

1.2. In these Terms, unless the context otherwise requires:

• (a) Headings are for convenience only and do not affect its interpretation or construction.
• (b) The singular includes the plural and vice versa.
• (c) References to clauses, subclauses, paragraphs, annexures or schedules are references to clauses, subclauses, paragraphs, annexures and schedules of or to these Terms.
• (d) Words importing a gender include other genders.
• (e) The word "person" means a natural person and any association, body or entity whether incorporated or not.
• (f) Where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning3.
• (g) A reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it.
• (h) All monetary amounts are in Australian currency.
• (i) A reference to time refers to Eastern Standard Time.
• (j) "Includes" is not a word of limitation.
• (k) No rule of construction applies to the disadvantage of a party because these Terms are prepared by (or on behalf of) that party.
• (l) A reference to any thing is a reference to the whole and each part of it.
• (m) A reference to a group of persons is a reference to all of them collectively and to each of them individually.
• (n) A reference to a document includes all amendments or supplements to, or replacements or novations of, that document.

2. Terms and Conditions

2.1. Access to and use of this Website is governed by these Terms.

2.2. SMH Diamond Clean periodically reviews the Terms and reserves the right to change the Terms, without any notice to you, by updating this document. You should review this document, as available on the Website, regularly as any changes to the Terms take immediate effect from the date of the publication on this document. Your continued use of the Website after any such changes are made will be deemed to constitute your acceptance of those changes.

2.3. You acknowledge that any hyperlinks or other redirection tools taking you to other operated by third parties that appear on the Website ("Third Party Sites") are not controlled by SMH Diamond Clean and do not form part of the Website. You agree that you will not hold SMH Diamond Clean liable or in any way accountable for anything that occurs on any Third Party Site.

3. Acceptance

3.1. In order to use this Website and make a Booking, you must first agree to the Terms.

3.2. You accept the Terms by:

• (a) Clicking to accept/agree to the Terms.

3.3. Not with standing clause 3.2, you may not accept the Terms or access the Website if:

• (a) you are not of legal age to form a binding contract with SMH Diamond Clean; or
• (b) you are a person barred from entering into contracts under legislation,

in which case, you must immediately leave the Website.

3.4. By accepting the Terms, you agree that this is clear and unequivocal proof that the Terms are not unconscionable, that there is no unfair bargaining power or position, that there is no duress, and that you have carefully read and understood the Terms.

3.5. If you do not understand any part of the Terms you should seek independent legal advice.

4. Booking System

4.1. To make a Booking you must go to our Booking Page. There is a minimum two (2) hour duration for hourly bookings and a minimum of one bedroom for flat priced bookings. You will receive a Booking request confirmation receipt from SMH Diamond Clean after submitting your Booking request.

4.2. SMH Diamond Clean will then make your contact details, location, requested time and the scope of the cleaning service available to their Business network. An available Business will then confirm their acceptance of the Booking.

4.3. You are able to select a preferred Business. SMH Diamond Clean will take your preference into account when facilitating the cleaning service, however a specific Business cannot be guaranteed and will depend on the Business's availability.

4.4. When a Booking is confirmed by a Business, will issue you with an acceptance email and attach the Cleaning Agreement that constitutes the relationship between you and the Business for the provision of the Cleaning services. SMH Diamond Clean will not, in anyway, be involved in the Cleaning Agreement between you and the Business, aside from processing the Payment Amount on behalf of the Business and providing you with an invoice in accordance with clause 5.4.

4.5. If the requested Booking cannot be facilitated, SMH Diamond Clean will arrange an alternative time for the Cleaning Service with you and a Business.

4.6. You are not permitted to engage the Cleaning services of a Business other than through the Booking System on the Website.

4.7. The Booking System is provided on the Website to enable you to make legitimate Bookings and to make payments for those Bookings, and for no other purposes.

4.8. You confirm that you are at least 18 years of age and possess the legal authority to use the Booking System in accordance with these Terms. You also agree that all information supplied by you in using the Website and the Booking System will be true and accurate at all times.

4.9. Any speculative, false or fraudulent Booking is prohibited. You agree that the Booking System will only be used to make legitimate Bookings for you or another person for whom you are legally authorised to act. You acknowledge that abuse of the Booking System may result in you being denied access to the Booking System.

4.10. SMH Diamond Clean has the right at any time to add, change or withdraw functions available on the Website at its own discretion.

5. Payment

5.1. You agree that at the time of Booking, your payment details will be transferred to SMH Diamond Clean's secure payment gateway, unless you are paying by cash, EFT or check. SMH Diamond Clean may check the availability of funds on your nominated payment method to ensure sufficient funds are available.

5.2. Upon the successful completion of your Cleaning Service, you agree to the automatic debit of the Payment Amount to your nominated payment method. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.

5.3. On receipt of the Payment Amount, SMH Diamond Clean will hold the Payment Amount on behalf of the Business until such time as they are remitted to the Business, refunded to you (if you are entitled to a refund) or transferred to SMH Diamond Clean in payment of our fees and charges. No interest will be payable by SMH Diamond Clean to you or the Business on amounts held by SMH Diamond Clean

5.4. SMH Diamond Clean, on behalf and in the name of the Business, will issue you with an invoice.

6. Changes and Cancellations

6.1. You can cancel or amend a Booking on the Website, free of charge, up to 24 hours before the Cleaning Service is scheduled to begin.

6.2. We go to great lengths to organize the schedule of our cleaning teams. If our cleaners reach your home and are unable to gain access, and you have not canceled the appointment we reserve the right to charge full price of the total cost of the invoice. This is due to the fact that our teams will lose part of their income and this is to cover costs of reimbursement, travel, and a holding fee for the space your booking took up in our schedule.

6.3. You cannot amend, extend or cancel a Booking during the performance of the Services.

6.4. The Cleaning Agreement shall expire once the Cleaning services under the Booking have been performed.

6.5. If the Business is unable to fulfill a confirmed Booking (in full or part), we will attempt to find you a replacement Business. If we cannot find you an alternative Business, we will reschedule your Booking to a new time which suits you. If we cannot find a suitable time for you, you may cancel the Booking at no charge.

7. Cleaning services

7.1. SMH Diamond Clean operates the Website as a third party facilitator for the Cleaning services and provides you with the platform to purchase the Cleaning services.

7.2. SMH Diamond Clean is not an agent or broker for you or the Business. You enter into any transaction with a Business entirely at your own risk.

7.3. SMH Diamond Clean uses their best efforts to monitor the Cleaning services offered by a Business. However, SMH Diamond Clean does not make any representation as to the safety, quality, condition or description of any products used or Cleaning services provided by Business. Any issues regarding safety, quality, condition or description should be notified to SMH Diamond Clean, who will then pass the issue onto the Business designated to your Booking. You should refer to the terms and conditions of your Cleaning Agreement for further information.

7.4. All bookings are subject to Business availability.

7.5 Our service provision is guided by a specific service based outcome. By booking our service you acknowledge that there are differences between our standard, general, deep and move-in/move-out cleaning services and that such services cannot be booked in place of another.

7.6 By booking our service you also agree that the following are extra services that require specific selection upon booking and are not apart of our standard service agreement, they include the cleaning of light fixtures, blinds, curtains, ceilings, walls, carpet steam cleaning, excessive grout cleaning, inside cupboards, exterior and interior windows, balcony, oven and fridge cleaning.

7.7 We will not provide any refunds or discounts for services rendered whereby a service was assumed to be included but was not completed due to not having been booked. We will also not consider a complaint, where a service was assumed to be included but was not completed due to not having been booked.

7.8 Moving heavy furniture, fixtures or gym equipment over sensitive natural stone, wood or tiled floors will be assessed by our team on a house by house basis. If there is a risk of damage to your floor, fixture or surfaces then we reserve the right not to move heavy furniture, fixtures or gym equipment. We will not provide any discounts or refunds as a result of the decision to not move furniture if there is a significant risk of damage.

7.9 You agree that threats of legal action or threats to damage our reputation unless we pay you or refund you on the spot for incorrect services booked by you will be taken as libel, blackmail and will be documented and used as evidence in civil action against you.

8. Dispute Resolution Policy

8.1. SMH Diamond Clean will use reasonable endeavours to mediate any dispute concerning the use of the Website.

8.2. Disputes in relation to the Cleaning services carried out by a Business or any other issue will be referred, where appropriate, to external dispute resolution services or authorities.

9. Security of Payment

9.1. We have taken all practical steps from both a technical and systems perspective to ensure that all of your information is well protected. A secure payment gateway is used to process all transactions and credit card details. SMH Diamond Clean does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.

10. Privacy

10.1. SMH Diamond Clean collects and stores the personal information you enter into the website. The personal information collected by SMH Diamond Clean will be maintained in accordance with our Privacy Policy available on the Website.

10.2. You agree that SMH Diamond Clean will disclose your personal information, including your name, address and phone number to Business in order for the Business to carry out the Cleaning services.

11. Intellectual Property

11.1. The Site Content is protected by copyright and SMH Diamond Clean reserves all Intellectual Property Rights which may subsist in the Site Content and/or the Website.

11.2. By accepting the Terms, you are granted a non-exclusive licence to:

• (a) view the Website;
• (b) print pages from the Website in its original form; and
• (c) download any material from the Website for caching purposes only.

11.3. You must not, without SMH Diamond Clean's prior written consent which may be withheld at its absolute discretion:

• (a) copy, republish, reproduce, duplicate or extract Site Content;
• (b) redistribute, sell, rent or licence any Site Content; or
• (c) edit, modify or vary the Site Content.

12. Acceptable Use

12.1. You must not use, or cause this Website to be used, in any way which:

• (a) breaches any clause of the Terms;
• (b) infringes SMH Diamond Clean's or any third party's Intellectual Property Rights;
• (c) is fraudulent, illegal or unlawful; or
• (d) causes impairment of the availability or accessibility of the Website.

12.2 You must not use, or cause this Website to be used, as a medium which stores, hosts, transmits sends or distributes any material which consists of:

• (a) spyware;
• (b) computer viruses;
• (c) Trojans;
• (d) worms;
• (e) keystroke loggers; or
• (f) any other malicious computer software.

13. Indemnity and Liability

13.1. General indemnity: You agree to indemnify SMH Diamond Clean, against any claim, action, damage, loss, liability, cost, charge, expense or payment which SMH Diamond Clean may pay, suffer, incur, or are liable for, in relation to any act you do or cause to be done, in breach of the Terms.

13.2. General limitation of liability: We will not be liable to you in contract, tort or equity in relation to any direct, indirect or consequential loss you incur in relation to the contents, use or reliance of Site Content or otherwise in connection with the Website.

13.3. Cleaning services Liability: To the extent permitted by law, SMH Diamond Clean will not be responsible and will be excluded from all liability, for any loss or damage whatsoever (including personal injury, loss of life and damage to property) that you or another person may suffer in connection with the offer or supply of (or default in supplying) the Cleaning services.

13.4. Information accuracy: You acknowledge and agree that some of the Site Content may be provided by way of blogs or comments made by other users of the Website (i.e. Ratings), and that SMH Diamond Clean does not accept any liability for the accuracy of such information or your reliance on the same. The Site Content is provided to you as general information only and is not intended to substitute or replace the advice of a duly qualified professional (where applicable).

13.5. Acceptance: By using this Website, you agree and accept that the indemnity and limitations of liability provided in this clause 16 are reasonable.

14. Warranties and Representations

14.1. The use of this Website is at your own risk. The Site Content and everything from the Website is provided to you on an “as is” and “as available” basis without warranty or condition of any kind.

14.2. None of SMH Diamond Clean's affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about the Site Content or Website.

15. General Provisions

15.1. Any provision of, or the application of any provision of these Terms which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.

15.2. Any provision of, or the application of any provision of these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

15.3. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms.

15.4. These Terms shall be governed by and construed in accordance with the law for the time being applicable to New South Wales and you agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales.

16. Late Arrival

16.1 We have a strict, non-negotiable arrival window of one hour, this is due to any unforeseen circumstances or traffic hiccups which are out of our control.

16.2 If you are requesting a refund or discount due to your cleaner arriving closer to the end of our arrival window, your request will be denied.

16.3 If our arrival window does not suit your circumstances, we compel you to utilise another service provider who may be able to guarantee you an exact arrival time.

17. Unpaid Services

17.1 By using our cleaning services you agree to the following payment terms.

• 1. Unpaid Services:
• 1. Invoices must be paid within 10 days of issue. Failure to do so will incur additional charges which are non-negotiable.
• 2. In the event where your overdue account is referred to a debt collection agency, lawfirm and or the NSW New South Wales Civil and Administrative Tribunal., you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs, court costs and other miscellaneous costs associated with the collection of the outstanding payment.
• 2. Payment Options:
• Cash: We only accept cash for one-off services, regular cleaning services must be paid by either of the following payment options:
• Credit/Debit Card: SMH Diamond Clean takes your privacy and security very seriously. Our website employs 128bit encryption and our booking system uses a 256bit encryption to ensure all of your personal details are safe and confidential.
• Over the Phone: We accept card details over the phone only if you are a regular/existing customer. We input your information straight into your customer profile, once confirmed it is securely put away and cannot be accessed. Your payment details can be updated at your request.
• Paypal: For added security and peace of mind, we also give our customers the option to pay with Paypal, a well known payments system worldwide.
• Bank Transfer: If you are paying for our services via bank transfer, you must include your unique reference number. If you did not receive one please contact our accounts team at admin@smhdiamondclean.com.au. Our bank details can be found on your invoice.
• 3. Quotations:
• We will only issue official quotes on a letterhead to jobs we have physically inspected onsite. All other forms of quotation are indicative only and subject to change.
• In the event of a quoting error, we hold the right to void the quote in question and issue a new one.

18. Move In Move Out Services

18.1. Booking A Move In/Move Out Service

It is imperative that when booking a service, that the customer picks the correct service. Hourly rates cannot be used for move-in move-out services. Nor is a deep clean to be selected in place of our Move in Move out service.

18.2 If a customer books an hourly service or deep clean when they are moving out from their home, the customer gives us the right to charge the move in/move out cost to them.

18.3 We will let the customer know in advance that we will be charging a move-in/move-out rate, via email and text message.

18.4 If the customer refuses to pay the excess, the customer gives us the right to cancel the job and charge a non-refundable fee equivalent to one hour's work for two cleaners.

18.5 All move-out cleans whereby a property has previously been tenanted by the customer are entitled to a bond back guarantee. Meaning we will return to fix areas deemed unacceptable by the real estate if they fall within our checklist and service scope. Our bond back guarantee service provision is not relevant for areas not within our scope and no refunds will be provided for areas deemed unacceptable which are not within our scope of service, these may include, light fixtures, ceilings, inside airconditioning units, turning excessively dark grout white, patching walls or repairing damaged carpets.

18.6 You guarantee that by booking or moving out or end of lease cleaning service, that your property is, safe for our service providers, have running hot water and electricity and that there is no furniture within the property. We reserve the right to cancel any work order in which section 18.5 of our terms and conditions are not adhered to.

18.7 Our bond back guarantee means that we will return within 3 days should your letting agent have issues with works within our scope (such works stipulated by our end of lease cleaning checklist). As a business, we are unable to attend more than 5 days after works have been completed.

18.8 You agree that threats of legal action or threats to damage our reputation unless we pay you or refund you for refusal to re-clean for free after more than 5 days will be taken as slander and libel and may be used in civil proceedings against you.

19. Property Damage

19.1 In the event that your property is accidentally damaged by one of our service providers, you guarantee that you will follow our damage claims process. Which stipulates that damages must be reported to SMH Diamond Clean administration staff on the day or the day after the service is rendered. Due to liability, we are unable to process damage claims if the damage is reported more than 2-3 days after a home or office has been cleaned.

19.2 You agree that our damage claim process can take upwards of one and a half months to fix or replace a damaged fixture, surface or appliance in your home.

19.3 By booking our service you agree to wait until our insurer or our service provider's insurer has investigated and completed a claim.

19.4 You also agree, that you will adhere to the best practice required by our insurance provider and that no monetary value will be passed onto you in replacement of an insurance claim by SMH Diamond Clean.

19.5 You agree that threats of legal action or threats to damage our reputation unless we pay you for accidental damage on the spot will be taken as libel, blackmail and will be documented and used as evidence in a civil action against you.

20. Our 200% Happiness Guarantee.

20.1 If for any reason you are unhappy with the service you have received, we will come back to rectify the areas deemed unsatisfactory free of charge. If after the re-clean is completed we have not succeeded in our service provision and there is conspicuous proof we will refund your service in its entirety. The conspicuous proof is defined by SMH Diamond Clean as photo evidence with excessive notations.

20.2 We will return free of charge to rectify any areas deemed unsatisfactory if we are notified of your unhappiness within 48 hours of the service being rendered.

20.3 We will return free of charge only within a 7 day period.

20.4 Our 200% satisfaction guarantee does not extend to services booked incorrectly, deep cleans booked as end of lease cleans or cleans whereby through no fault of our own something has gone awry i.e. there was no power at the property and mopping wasn't done, so we need to come back and re-clean for free.

20.5 Our 200% satisfaction guarantee DOES NOT entitle you to the following. Free service provision after our 7 day grace period. A monetary payment in lieu of a re-clean within 7 days or free extras in lieu.

20.6 You agree that threats of legal action or threats to damage our reputation unless we pay you for wrongful misinterpretation of our 200% satisfaction guarantee will be taken as libel, or blackmail and will be documented and used as evidence in a civil action against you.

21. Verbal and Physical Abuse From Clients

21.1. SMH Diamond Clean has a zero-tolerance for any verbal or physical abuse directed at or towards our cleaning teams. If our teams feel uncomfortable or if there is verbal or physical abuse. We will cancel the job with the full price of the booking charged. We will also notify the necessary authorities. SMH Diamond Clean cleaning teams do not come to work to be scolded, abused, harrassed, or intimidated by clients.

22. Damages to fixtures and appliances within the home

22.1 SMH Diamond Clean will endeavour to repair, replace or cover the cost of accidental damage through our or our cleaning partner's relevant insurer.

22.2 Damages that occur must be reported to SMH Diamond Clean head office the day of the service.

22.3 SMH Diamond Clean refuses to cover or asssess any claims for damages that are made after more than 48 hours after a service has been conducted.

22.4 Threats to damage our business reputation, if we don't fix or repair your damage or pay for your damage out of pocket will be taken as libel and will be dealt with by our legal counsel.