Please review this Agreement as use of our services constitutes your acceptance of these terms and conditions. By ordering our services by telephone, e-mail, in person or our website the Client agrees to be bound by these terms and conditions.

1. DEFINITIONS

In relation to the proposal or quote (the “Proposal”) for cleaning services (the Service”) given to the Client by Active Contracting Pty Ltd – ABN 90 100 839 030 trading as Active Office Cleaning  (both the Client and the service provider are referred to as the “Parties”), the Client accepts the Proposal and the following terms and conditions (the “Agreement”). Active Contracting Pty Ltd to provide residential and commercial cleaning services (the “Service”) at an address specified by the Customer (the “Premises”).

2. DESCRIPTION OF WORK – Cleaning Services

1. Subject to the terms of this Agreement, Active Contracting Pty Ltd agrees to provide cleaning services to the Customer at an address specified by the Customer.
2. The Service will be for such cleaning duties as agreed with the Customer at the time of booking.
3. The Services include but are not limited to regular officecleaning, customized cleaning, carpetcleaning.
4. Other extra services as per the Clients request remains separate from the stipulated services.
5. Active Contracting Pty Ltd Cleaners are employed on a full time or subcontract basis
6. Should the Service overlap a meal time, Active Contracting Pty Ltd Cleaners are entitled to a 30 minute break for lunch. The client is not charged for this time if the job is priced at an hourly rate.
7. Active Contracting Pty Ltd Cleaners drives Active Contracting Pty Ltd company vehicles or are transported to the Clients Premises and then picked up at the end of the service.
8. All Services are carried out by trained Cleaners. Services are supervised. This does not mean that the supervisor/team leader will remain on the premises during the full duration of the Service. Should a team leader not be present as one of the Cleaners for the Service, then a supervisor/team leader will inspect the Service rendered by the Cleaners before the end of the Service.
9. Active Contracting Pty Ltd will always try to accommodate its regular Clients by assigning the same team to clean the Clients Premises however Active Contracting Pty Ltd reserves the right to change the Operator/s on a regular basis and Cleaners are also subject to availability.
10. Active Contracting Pty Ltd reserves the right to suspend the Service if payments are not received on the due date.
11. If any estimates of how long it will take our Cleaners to do the job required are being provided that is only an estimate based on the average time it takes to clean a site or office of similar size to the Client’s, due to it being difficult to estimate precisely how long such tasks may take and that a degree of flexibility may be required.
12. Should you require our Cleaners to operate washing machines or dryers, this is done at your own risk.
13. Active Contracting Pty Ltd is a maid service. Our Cleaners can clean windows if accessible. In the case of the windows not being accessible for our Cleaners to clean, Active Contracting Pty Ltd can arrange window cleaning specialist at an additional cost.
14. Our Cleaners can vacuum carpets; however we are not carpet or upholstery specialist. For carpet and upholstery cleaning, Active Contracting Pty Ltd can arrange a specialist at an additional cost.

3. ALTERATIONS / ADDITIONS TO WORK

1. Neither party may affect any change of whatever nature to the scope of the Service outlined in the Proposal without the prior written approval of the other party.
2. If the Client requires any additional Services or variations at the time the Service is being performed, the Client must first contact Active Contracting Pty Ltd by telephone, who may agree to provide the additional services in its absolute discretion. The Cleaners are not authorized to agree to any changes to the Service being provided. The Client must not request such changes directly from the Cleaners.

4. DURATION OF WORK

1. Day services run for 7 hrs. and is outlined in the Proposal.
2. Should Active Contracting Pty Ltd envisage that it will be unable, for whatever reason, to complete the mandate by the completion date, then Active Contracting Pty Ltd shall give written notice to that effect to the Client at least 24 Hours prior to the completion date and apply to the Client for an extension of the completion date.
3. On receipt of such notice / application for extension the Client shall not unreasonably withhold approval of such application provided that Active Contracting Pty Ltd shows good cause in support of its application.

5. JOB QUOTATIONS – Agreements

1. The actual price payable by the Client is calculated on the size of the team of Cleaners.
2. Any price quoted by Active Contracting Pty Ltd is an estimate only based on Active Contracting Pty Ltd’s experience, without inspection, and based on information provided by the Client. Subject to this clause, quotes are valid for a period of 14 days from the date of the quote.
3. If at the commencement or during the course of providing the Service, it is apparent that the actual cost of the Service will exceed the quote provided by Active Contracting Pty Ltd, Active Contracting Pty Ltd will provide the Client with the option to pay an increased fee to complete the Service, or pay the quoted amount without the Service being completed.
4. The Client must inform Active Contracting Pty Ltd whether any cleaning services required are for an ‘end of tenancy’ at the time of quotation.

6. BOOKINGS

1. The Client may make a booking either in person, by telephone, email or on the Active Contracting Pty Ltd website.
2. At the time of booking the Client must provide details of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime located at the Premises;
3. Active Contracting Pty Ltd provides a booking form/invoices at the time of booking.
4. Active Contracting Pty Ltd reserves the right not to accept a booking for any reason.
5. All areas to be cleaned by the Cleaners on the day of services must be mentioned to Active Contracting Pty Ltd when making a booking. Only the areas agreed to on the booking form will be cleaned by Active Contracting Pty Ltd Cleaners, unless written confirmation is received by Active Contracting Pty Ltd.
6. Active Contracting Pty Ltd does not operate on a Sunday and public holidays.

7. PAYMENT

1. If the Proposal stipulates an advance payment, Active Contracting Pty Ltd will not commence work as set out in the Proposal until the advance payment has been received by Active Contracting Pty Ltd. Any delay occasioned by a late payment, shall be added to the contract period.
2. The Client agrees to pay the price invoiced by Active Contracting Pty Ltd in full prior to the Service Time, unless otherwise agreed to in writing, in advance with Active Contracting Pty Ltd.
3. Any amount not paid on due date shall bear a 10% penalty fee for each day that the payment is late.
4. If no payment has been made by the Service Time, Active Contracting Pty Ltd will use reasonable endeavors to contact the Client for payment. In the event that Active Contracting Pty Ltd cannot contact the Client or payment is not made by the Service Time, the Client will be deemed to have cancelled the Service, and the Client must pay any cancellation fees or charges due.
5. All payments must be made in US Dollars.
6. Payments may be made via, Cash, Checks or Credit Cards (We accept Visa, MasterCard, American Express and Discover). All cash payments are to be given the to the Cleaners before the Service commences. All checks are to be made to Active Contracting Pty Ltd.

8. FEE ON NON-ACCESS TO PREMISES

1. In the event that the Client does not provide unencumbered access to the Premises for Active Contracting Pty Ltd or its Cleaners to provide the Service, the Client agrees to pay a cancellation fee of $25 for administrative and travel costs.

9. ACCIDENTS, BREAKAGE, DAMAGE AND THEFT

1. The Client must inform Active Contracting Pty Ltd of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Cleaner/s in writing, within 24 hours of completion of the Service.
2. The Client is not entitled to claim any loss for any incident if the incident is not reported to Active Contracting Pty Ltd within 24 hours of completion of the Service.

10. GOOD FAITH

1. The parties shall act with the utmost good faith between each other in all matters concerning this Agreement and the parties shall use their best endeavors to ensure that the objectives of this Agreement are met and realized.

11. CANCELLATION

1. If this Agreement is cancelled or abandoned for whatever reason, the Client will pay Active Contracting Pty Ltd: a pro-rated amount for the Project, including both labor and deliverables, duly completed by it in accordance with the provisions of this Agreement, as at the date of cancellation or abandonment; costs and expenses incurred and/or reasonably and necessarily committed to by ACTIVE CONTRACTING PTY LTD in respect of the Project
   The Client must provide Active Contracting Pty Ltd with at least 24 hours’ notice prior to the Service Time, if they wish to suspend, postpone or cancel the Service for any reason. In the event that such notice has been given, Active Contracting Pty Ltd will endeavor to reschedule the Service if required.
2. In the event that the Client does not provide 24 hours’ notice prior to the commencement of the Service, the Client agrees to pay a cancellation fee of $25 for administrative costs and loss.

12. FORCE MAJEURE

Active Contracting Pty Ltd will not be liable for any delay in performing, or any failure to perform any obligation under this Agreement due to any cause beyond its reasonable control including, but without being limited to, any of the following: the services of Active Contracting Pty Ltd staff member no longer being available for any reason;
strikes, lock-outs or other industrial action;
sabotage, terrorism, civil commotion, riot, political riot or disturbance, invasion, war, threat or preparation for war;
fire, explosion, storm, flood, epidemic or natural physical disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
and any act of any state or Government or other authority having jurisdiction over either Party.

13. INDEMNIFICATION

1. Notwithstanding any provisions in this Agreement and whilst Active Contracting Pty Ltd warrants that it shall use its best endeavors to ensure that the work is of the highest standard, no warranty can be given by Active Contracting Pty Ltd in respect of the work and accordingly the Client hereby agrees to waive all claims for any harm or loss, including consequential losses, which it may substantially have against Active Contracting Pty Ltd, its employees, agents, mandatories and other persons connected in some way to such work, such claims having arisen from any cause whatsoever.
2. all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Active Contracting Pty Ltd in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal and including any action taken for the recovery of a debt from the Client).

14. INTELLECTUAL PROPERTY

1. All copyright, title and interest in any document produced or process designed or devised by Active Contracting Pty Ltd in the course of this Agreement shall remain vested in Active Contracting Pty Ltd/.

15. VARIATIONS / AMENDMENTS

1. No variation or amendment of the terms and provisions of this Agreement shall have any force or effect unless same are reduced to writing and such amending document is signed by the parties.
2. Active Contracting Pty Ltd reserves the right to update or modify these terms and conditions at any time without prior notice, and may do so by publishing an updated agreement on its website. Each updated agreement will take effect 24 hours after it has been published on the website.
3. The Client agrees that any use of the Service following any such change, whether as a single job or as part of a regular cleaning schedule, constitutes their agreement to follow and be bound by the terms and conditions as changed.

16. HEALTH AND SAFETY RISKS

1. In addition to the obligations and warranties , the Client acknowledges and agrees that:
2. the Cleaners are entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk at the Premises;
3. The Cleaners may, either before or during the provision of the Service not use or cease using any materials or cleaning equipment provided by the Client if the Operator thinks, in their absolute discretion, that the use of such materials or cleaning equipment poses a risk to health and safety.
4. The Cleaners may, either before or during the provision of the Service not provide or cease the provision of the Service where carrying out the Service presents, in the absolute discretion of the Cleaners, a risk to health and safety.

17. Breach

1. Should either party be in breach of any provision of this Agreement the aggrieved party shall by written notice give the offending party 14 working days in which to remedy the cause for complaint failing which the aggrieved party shall have the right to:
2. Grant the offending party further time to remedy the cause for complaint;
3. Apply to the Court for an order demanding specific performance with or without damages;
4. Cancel this Agreement and sue for damages.

18. ARBITRATION AND JURISDICTION

1. Any and all differences and disputes of whatsoever nature arising out of this contract shall be put to arbitration in the City of Houston, Texas, pursuant to the Maritime Laws of the United States, The Federal Arbitration Act, and the Rules of the Houston Maritime Arbitrators Association, before an Arbitrator to be chosen by the parties hereto. The decision of the Arbitrator on any point or points shall be final. Until such time as the Arbitrator formally closes the hearings, either party shall have the right by written notice served on the Arbitrator and on the other party to specify further disputes or differences under this contract for hearing and determination. The Arbitrator may grant any relief which he or she, deems just and equitable and within the scope of the agreement of the parties, including, but not limited to, specific performance. Awards made in pursuance to this Clause may include costs, including a reasonable allowance for attorney’s fees, and judgment may be entered upon any Award made hereunder in any Court having jurisdiction in the premises.

19. LIMITATION OF LIABILITY

In circumstances where the Client is entitled to recover damages from Active Contracting Pty Ltd (including fundamental breach, negligence, misrepresentation, or other contractual or delictual claim), Active Contracting Pty Ltd is liable for no more than the amount of actual, direct damages up to the total of the amounts paid by the Client under this Agreement.

1. Neither Party will be liable for any indirect or consequential damages or losses of whatsoever nature.
2. Information provided by Active Contracting Pty Ltd to the Client during the Project will be for the Client’s use only. Active Contracting Pty Ltd will not be liable for any loss suffered by any third party who is supplied with such information contrary to this provision and relies on it.
3. The Parties agree that Active Contracting Pty Ltd’s obligations will cease upon delivery of the last agreed deliverable, and that no direct or indirect liability will rest upon it for the effects of any product or process that may be produced by the Client and any other party, notwithstanding that the formulation of such product or process may be based on the results of the Project.

20. GENERAL CONDITIONS

Neither Party may bind the other in any way. Neither Party may assign or cede any benefit, obligation or interest it may have in the contact to any other person without the prior written consent of the other Party.
Neither Party is regarded as having waived, or is precluded in any way from exercising any right under or arising out of this Agreement by reason of such Party having at any time granted any extension of time for, or having shown any indulgency to, the other Party with reference to any performance of any obligation under this Agreement, or having failed to enforce, or delayed in enforcing any right of action against the other Party.
In the event of any clause of this Agreement or any part thereof being found to be invalid for any reason whatsoever, such clause or part thereof will be severable from the remainder of this Agreement and will not affect the validity of such remainder. Neither Party grants the other the right to use its trademarks, trade names, logos or other such designations in any promotion or publication without prior written consent.
Once signed, any reproduction of this Agreement or part thereof made by reliable means (for example, photocopy, facsimile or electronic copy) is considered an original.
The Client acknowledges that any information provided by the Client may be used by Active Contracting Pty Ltd for the purpose of providing the Service. Active Contracting Pty Ltd agrees not to share any information provided by the Client with any third party not directly involved in the provision of the Service (unless required to do so by law).
The Client agrees to Active Contracting Pty Ltd communicating with them electronically and/or via other means in order to provide the Service or for reasons related to the provision of the Service.
Active Contracting Pty Ltd will take all reasonable precautions to protect personal information provided by the Client from loss, misuse, unauthorized access or disclosure, alteration or destruction.
This web site contains links to other sites that are not owned or controlled by Active Contracting Pty Ltd. Please be aware that we, Active Contracting Pty Ltd, are not in any way responsible for the content, security, or privacy policies of these external web sites. In the event Active Contracting Pty Ltd goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via email, prominent notice on our Web site for 14 days of any such change in ownership or control of your personal information.

21. CLIENT REPRESENTATIONS AND WARRANTIES

The Client represents and warrants that: it will provide a safe working environment at the Premises for the Cleaners to perform the Service;
the Cleaner will have unencumbered and unobstructed access to those areas of the Premises requiring the Service;
it will provide the Cleaners with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required by the Cleaners to provide the Service;
it will provide all usual and necessary cleaning equipment and materials required by the Cleaners to provide the Service, unless the Client has chosen to use the cleaning equipment and materials that belongs to Active Contracting Pty Ltd.
all Active Contracting Pty Ltd’s cleaning equipment and materials remain the property of Active Contracting Pty Ltd.
all cleaning equipment and materials provided by the Client are safe, have not been tampered with and are in full working order;
it will advise Active Contracting Pty Ltd prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the Premises;
it is authorized to use the Premises and obtain the provision of Service;
if the Client requires the Cleaners to clean behind or under any heavy items (eg. a fridge, bookshelf, or other furniture), it will move those items prior to the commencement of the Service; and it will secure or remove any fragile, delicate, breakable or valuable items, including cash, jewelry, works of art, antiques, or items of sentimental value prior to the commencement of the Service.

22. NO ENGAGEMENT OF CLEANERS

1. The Client acknowledges Active Contracting Pty Ltd invests significant resources in recruiting, selecting and training its Cleaners. Unless Active Contracting Pty Ltd gives prior written permission, the Client must not, directly or indirectly, engage, employ or contract with any Operator to provide residential or commercial services to the Client or any associate of the Client for any period during which services are provided by Active Contracting Pty Ltd or for a period within 12 months after the conclusion of any Service.
2. The Client acknowledges that Active Contracting Pty Ltd may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Client.

23. NON -APPEARANCE

If an Cleaner fails to attend the Premises within 1 hour of the Service Time and does not provide the requested Service, Active Contracting Pty Ltd will provide the Client with either:

1. a full refund of payments made by the Client; or
2. offer to reschedule the Service at another time mutually agreed between the Client and Active Contracting Pty Ltd.

24. COMPLAINTS

1. If the Client is dissatisfied for any reason with the Service provided, it must inform Active Contracting Pty Ltd within 24 hours of completion of the Service. Active Contracting Pty Ltd strives to achieve 100% Client satisfaction and will endeavor to resolve the problem quickly and efficiently. Subject to clause 13, Active Contracting Pty Ltd may, at its discretion, offer the Client either of the following:
2. partial or full refund;
3. re-supply of the Service without charge;
4. such other remedy as deemed appropriate by Active Contracting Pty Ltd.

25. EXCLUSIONS AND LIMITATIONS

1. Active Contracting Pty Ltd is not responsible for: 1. not completing or providing the Service as a result of a breach of a warranty by the Client (including a failure by the Client to provide proper materials, cleaning equipment, utility services, a safe working environment or unencumbered access to the Premises); or
2. any damages caused by defective cleaning materials or cleaning equipment provided by the Client;
3. not completing or providing the Service as a result of the Operator not proceeding for health and safety reasons under clause 4;
4. any loss or damage incurred by the Client or any third party as a result of the effects of a force majeure, being any event beyond the reasonable control of Active Contracting Pty Ltd;
5. not completing or providing the Service due to an act or omission of the Client or any other person at the Premises during provision of the Service;
6. existing dirt, wear, damage or stains that cannot be completely cleaned or removed;
7. any wear or discoloring of fabric or surfaces becoming more visible once dirt has been removed;
8. any loss incurred as a result of any breakage or damage to goods, items of value (including antiques, items of sentimental value) or the Premises; or
9. the cost of any key replacement or locksmith fees, unless keys were lost by Active Contracting Pty Ltd or the Operator.
10. Except as provided in this clause, all conditions and warranties implied by law in respect of the state, quality or condition of the Service which may apart from this clause be binding on Active Contracting Pty Ltd are excluded
11. The Client acknowledges that the results of any services provided may vary depending on a number of factors (including materials used, equipment provided, time elapsed since Premises was last cleaned, and nature of cleaning required), and that Active Contracting Pty Ltd gives no guarantee as to the actual results of the Service.
12. Except to the extent provided in this clause, Active Contracting Pty Ltd has no liability (including liability in negligence) to any person for any loss or damage, consequential or otherwise, suffered or incurred by that person in relation to the products or services provided by Active Contracting Pty Ltd (including any loss caused by, or resulting directly or indirectly from, any failure, defect or deficiency or any kind of or in the products used or services provided by Active Contracting Pty Ltd).