We provide residential and commercial cleaning services through our online Booking site (Services). Our Services connect you with independent cleaning contractors (Cleaning Professionals) who perform cleaning work at your premises, as set out in more detail on our website www.callthecleaners.com.au
In these Terms, when we say you or your, we mean you as an individual if you are accepting these Terms for yourself. If you are accepting these Terms on behalf of an entity (such as your employer) and you are authorised to do so, then you or your means that entity. When we say we, us, or our, we mean Call the Cleaners Australia Pty Ltd (ACN 672 773 518).
These terms and conditions (Terms) form our contract with you and set out our obligations as a service provider and your obligations as a customer. You cannot use the Services unless you agree to these Terms.
Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.
Please read these Terms carefully before you accept. We draw your attention to:
We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link in the Services, or for featuring certain goods or services on the Services.
You may book Services through our Site or by contacting us. Your Booking is confirmed once you complete the Booking process through our Site or by contacting us. All Bookings have a minimum duration of 2 hours. We reserve the right to decline or cancel any Booking at our discretion.
You may request to cancel or reschedule a Booking by contacting us through your Account or our customer service. For cancellations or rescheduling:
Our quoted prices are based on the property information and scope of work you provide when Booking. If upon arrival the actual scope of work differs significantly from what was described, including but not limited to:
then we may need to adjust the price to reflect the actual work required.
Where possible, our Cleaning Professionals will contact you before commencing additional work that would result in price increases. However, if you are not available and the additional work is necessary to complete the service to a reasonable standard, we may proceed and adjust the final invoice accordingly.
Additional services such as oven cleaning, window cleaning, carpet cleaning, blind cleaning, or removal of excessive rubbish may incur additional charges as set out on our Site or as quoted separately.
Any price variations will be based on our standard rates and will reflect the additional time and resources required. We will provide you with an itemised invoice showing any variations from the original quote.
You agree that:
You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause 4.
You must sign up for an Account in order to access and use the Services.
While you have an Account with us, you agree to:
If you close your Account, you will lose access to the Services.
You may choose to purchase Services from us, as set out on our Site (Paid Services). You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Site (as applicable).
Details of our Paid Services, including features, limitations and fees are set out on our Site. Payment for Services is due upon completion of the Services.
Our payments methods will be set out at the time you purchase the Services. If you choose to pay your fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out at the time you make payment).
You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of the Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.
If any fees due under these Terms or as a result of your use of the Services are not paid on time, we may:
If your account remains overdue for more than 30 days after written demand for payment, we may engage collection services or legal assistance to recover amounts owing. You agree to reimburse us for reasonable costs actually incurred in recovering overdue amounts.
You are responsible for paying any levies or taxes associated with your use of the Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).
Following completion of the Services, you may rate and review the Cleaner and Services provided. Any ratings or reviews must be honest and accurate.
Failure to comply with the honesty and accountability can lead to legal accusations for false or misleading information and defamation.
While we strive to always make the Services available to you, we do not make any promises that these will be available 100% of the time. The Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.
The Services may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the Services.
We own all intellectual property rights in the Services. This includes how the Services look and function, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the Services.
We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.
This clause 9 will survive the termination or expiry of these Terms.
While using the Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.
However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.
We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on the Site, and applicable privacy laws.
You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).
We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).
Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.
This clause 10 will survive the termination or expiry of these Terms.
In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.
Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.
If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
This clause 11 will survive the termination or expiry of these Terms.
You may request a re-clean if the Services fail to meet reasonable quality expectations, including but not limited to, where the Cleaner has not followed your specific requirements, failed to comply with industry cleaning standards, or used inadequate equipment resulting in unsatisfactory outcomes.
To assist us in promptly resolving any quality issues, we encourage you to notify us as soon as practicable after service completion, preferably within 48 hours, and provide photographic or video evidence where possible. We will assess your request and, where we determine the work does not meet acceptable standards, arrange for remedial cleaning at no additional cost to you.
For bond cleaning services, if your bond is not released due to cleaning issues within the scope of our Services, we will arrange additional cleaning to address the deficiencies. To enable us to respond quickly, we encourage notification within 72 hours of the failed inspection along with the inspection report where available.
Nothing in this clause affects your rights under Australian Consumer Law, including your right to seek remedies for Services that are not performed with due care and skill or are not fit for purpose. You may pursue these statutory rights regardless of whether you have contacted us within the timeframes mentioned above, and these rights exist alongside our voluntary quality assurance process.
If the customer fails to provide conclusive evidence that require reclean, the cleaning professionals will be initiating the reclean protocol. Any failure to comply with the procedure will result in no-liability and will eventually treat as a false accusation. No refunds will be sanctioned in such circumstances.
You agree that threats of legal action or threats to damage our reputation unless we pay you or refund you despite your 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.
During the Term of this Agreement and for a period of 12 months after its termination or expiry, you must not, without our prior written consent directly:
You agree that the restrictions in this clause are reasonable and necessary to protect our legitimate business interests.
You acknowledge that monetary damages may not be a sufficient remedy for any breach of this clause and that we will be entitled to seek injunctive or other equitable relief to remedy or prevent any breach or threatened breach of this clause.
If your real estate agent or property manager identifies specific cleaning deficiencies that fall within our service scope, we will return to address these issues at no additional cost to you. To enable us to respond promptly, we encourage you to notify us as soon as possible after any inspection, preferably with a copy of the inspection report where available.
Our bond cleaning service scope includes all standard cleaning tasks for vacant residential properties. Some items may fall outside typical bond cleaning requirements, such as maintenance repairs, damage restoration, or specialist services, which we will identify and discuss with you before commencing work.
We recommend that properties be vacant with personal belongings removed to allow our cleaning professionals full access to all areas. Where this is not possible, please advise us in advance so we can discuss any limitations this may create.
This commitment operates alongside your rights under Australian Consumer Law.
You acknowledge that:
Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
This clause 15 will survive the termination or expiry of these Terms.
We may terminate these Terms (meaning you will lose access to the Services) if:
You may terminate these Terms if:
You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 17.10), and termination will take effect immediately.
Termination of these Terms will not affect any other rights or liabilities that we or you may have.
This clause 16 will survive the termination or expiry of these Terms.
Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.
Disputes: If you have a dispute (Dispute) regarding the quality of Services provided:
This process does not limit your Consumer Law Rights as set out in clause 11.
Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
If the Dispute is not resolved at that initial meeting:
Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
Governing law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales and any courts entitled to hear appeals from those courts.
Illegal Requests: We reserve the right to refuse any request for or in relation to the Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.
Independent Contractors: The Cleaning Professionals are independent contractors and are not our employees. Whilst we facilitate the connection between you and the Cleaning Professionals through our Site, the Cleaning Professionals are responsible for performing the Services. We may assign different Cleaning Prrofessionals to your Bookings at our discretion.
Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.
Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.
Publicity: You agree that we may, with your written consent, advertise or publicise the fact you are a customer of ours, for example on the Site or in our promotional material, and you grant us a right to display and use your logo and branding solely for that purpose.
In these Terms:
Account means an account accessible to the individual or entity who signed up to the Services.
Booking means a confirmed reservation for Services made through our Site or by contacting us, specifying the date, time, duration, and scope of cleaning work to be performed.
Cleaning Professionals means the independent contractors who provide cleaning services through our Site and are assigned to perform your Booking.
Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of the Services (including the Services) will not constitute “Consequential Loss”.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.
Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
Services means the services we provide to you, as detailed at the beginning of these Terms.