RECITALS

CleanArtex (A.B.N. 53 468 573 734.) (“CleanArtex”) operates an online platform at www.cleanartex.com.au (the “Website”) through which customers (“Users”) can book a Business for the provision of domestic services (“Domestic services”), by submitting a Booking Request. CleanArtex then matches the most suitable Business from its database of Businesses to the Booking Request.

The Business is in the business of providing Domestic services.

CleanArtex does not offer the Domestic services itself but is a third-party facilitator of the contracts between the User and the Business. Accordingly, CleanArtex can receive and confirm Users’ requests for Domestic services, issue invoices on behalf of the Business and pass on payments to the Business.

The User enters into two contractual relationships. The first contract being with CleanArtex, governing the access to and use of the Website in accordance with the terms and conditions of this Agreement. The second contract being with the Business for the provision of the Domestic services (“Cleaning Agreement”).

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 (including the recitals), unless the context otherwise requires:

• “Booking” means the booking made by you on the Website for the provision of Domestic 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 Domestic services charged on an hourly basis or flat price, as advised by CleanArtex 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 Domestic 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 recitals, clauses, subclauses, paragraphs, annexures or schedules are references to recitals, 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 meaning;
• (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; and
• (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. CleanArtex 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 websites operated by third parties that appear on the Website (“Third Party Sites”) are not controlled by CleanArtex and do not form part of the Website. You agree that you will not hold CleanArtex 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) creating a User Profile; and
• (b) clicking to accept/agree to the Terms.

3.3. Notwithstanding 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 CleanArtex; 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. User Profile

4.1. You will be required to register your personal information, including your name, address, phone number, and payment details on the Website in order to make a Booking (“User Profile”).

4.2. You will be issued with a username and password which are linked to your User Profile. The username and password are personal to you and are not transferable. You are responsible for all information posted on or transmitted via the Booking System by anyone using your username and password and any payments due for the Domestic services acquired through the Booking System by anyone using your username and password. You should notify us of any breach of security of your username and password immediately.

4.3. CleanArtex may delete or block User Profiles at its own discretion. Blocked users are prohibited from setting up a new User Profile.

5. Booking System

5.1. To make a Booking you must log in to your User Profile and use the Booking System to request a Booking. 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 CleanArtex after submitting your Booking request.

5.2. CleanArtex will then make your contact details, location, requested time, and the scope of the Domestic Service available to their Business network. An available Business will then confirm their acceptance of the Booking.

5.3. You are able to select a preferred Business. CleanArtex will take your preference into account when facilitating the Domestic Service; however, a specific Business cannot be guaranteed and will depend on the Business’s availability.

5.4. When a Booking is confirmed by a Business, CleanArtex 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 Domestic services. CleanArtex will not, in any way, 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 6.4.

5.5. If the requested Booking cannot be facilitated, CleanArtex will arrange an alternative time for the Domestic Service with you and a Business.

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

5.7. 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.

5.8. 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.

5.9. 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.

5.10. CleanArtex has the right at any time to add, change or withdraw functions available on the Website at its own discretion.

6. Payment

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

6.2. Upon the successful completion of your Domestic 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.

6.3. On receipt of the Payment Amount, CleanArtex 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 CleanArtex in payment of our fees and charges. No interest will be payable by CleanArtex to you or the Business on amounts held by CleanArtex.

6.4. CleanArtex, on behalf and in the name of the Business, will issue you with an invoice.

6.5. Late Payments: If for any reason your payment does not go through within 7 days of the service being completed, you will be sent a PayPal invoice to be paid within 10 days. If you don’t pay the account within 10 days, you agree to pay a late fee of $20 per day. If your account is still not paid after 14 days, it will be sent to collections. By using the services of CleanArtex, you agree to pay a compounded late fee as well as any fees associated with the collection of the debt.

7. Changes and Cancellations

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

7.2. If you cancel or amend a booking within 24 hours before the Domestic Service is scheduled to begin, you will have to pay cancellation costs equivalent to $50. If our crew arrives and through no fault of their own, the job is canceled, we reserve the right to charge the full price of the job quoted.

7.2.1. 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 the 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.

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

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

7.5. 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.

8. Domestic Services

8.1. CleanArtex operates the Website as a third-party facilitator for the Domestic services and provides you with the platform to purchase the Domestic services.

8.2. CleanArtex is not an agent or broker for you or the Business. You enter into any transaction with a Business entirely at your own risk.

8.3. CleanArtex uses its best efforts to monitor the Domestic services offered by a Business. However, CleanArtex does not make any representation as to the safety, quality, condition, or description of any products used or Domestic services provided by Business. Any issues regarding safety, quality, condition, or description should be notified to CleanArtex, 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.

8.4. All bookings are subject to Business availability.

8.5. 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.

8.6. By booking our service you also agree that the following are extra services that require specific selection upon booking and are not part of our standard service agreement: 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.

8.7. We will not provide any refunds or discounts for services rendered where 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.

8.8. 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, 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.

8.9. 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.

9. Termination

9.1. CleanArtex may, at its discretion, terminate your use of or access to the Website at any time. If this happens, we may notify you by email. If your use of the Website is terminated:

(a) You are no longer authorized to access the Website or use any other CleanArtex services with the email address you used to register with the Website or any other email address you possess.
(b) You will continue to be subject to and bound by all restrictions imposed on you by the Terms.
(c) All licences granted by you and all disclaimers by CleanArtex and limitations of CleanArtex’s liability set out in the Terms or elsewhere on the Website will survive termination.

9.2. You may terminate this agreement by emailing CleanArtex at info@cleanartex.com.au. CleanArtex will disable your User Profile within fourteen (14) days of receipt of the email requesting termination of your User Profile.

9.3. CleanArtex reserves the right to deduct any outstanding fees and charges owing to CleanArtex and/or the Business on your User Profile before disabling it.

10. Dispute Resolution Policy

10.1. CleanArtex will use reasonable efforts to mediate any dispute concerning the use of the Website.

10.2. Disputes regarding the domestic services carried out by a Business or any other issue will be referred, where appropriate, to external dispute resolution services or authorities.

11. Security of Payment

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

12. Privacy

12.1. CleanArtex collects and stores the personal information you enter into the User Profile. The personal information collected by CleanArtex will be maintained in accordance with our Privacy Policy available on the Website.

12.2. You agree that CleanArtex will disclose your personal information, including your name, address, and phone number, to the Business so that they can carry out the domestic services.

13. Intellectual Property

13.1. The Site Content is protected by copyright, and CleanArtex reserves all Intellectual Property Rights that may subsist in the Site Content and/or the Website.

13.2. 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.
(c) Download any material from the Website for caching purposes only.

13.3. You must not, without CleanArtex’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 license any Site Content.
(c) Edit, modify, or vary the Site Content.

14. Acceptable Use

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

(a) Breaches any clause of the Terms.
(b) Infringes CleanArtex’s or any third party’s Intellectual Property Rights.
(c) Is fraudulent, illegal, or unlawful.
(d) Causes impairment of the availability or accessibility of the Website.

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

(a) Spyware.
(b) Computer viruses.
(c) Trojans.
(d) Worms.
(e) Keystroke loggers.
(f) Any other malicious computer software.

15. Indemnity and Liability

15.1. General indemnity

You agree to indemnify CleanArtex against any claim, action, damage, loss, liability, cost, charge, expense, or payment which CleanArtex may pay, suffer, or incur due to any act you do or cause to be done in breach of the Terms.

15.2. 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 on Site Content or otherwise in connection with the Website.

15.3. Domestic Services Liability

To the extent permitted by law, CleanArtex will not be responsible for 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 domestic services.

15.4. 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 CleanArtex does not accept any liability for the accuracy of such information or your reliance on it. 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).

15.5. Acceptance

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

16. Warranties and Representations

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

16.2. None of CleanArtex’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.

17. General Provisions

17.1. Any provision of these Terms that is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.

17.2. Any provision of these Terms that 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.

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

17.4. 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.

18. Late Arrival

18.1. We have a strict, non-negotiable arrival window of one hour due to unforeseen circumstances or traffic delays.

18.2. Requests for refunds or discounts due to a cleaner arriving closer to the end of the arrival window will be denied.

18.3. If the arrival window does not suit your circumstances, we recommend you seek another service provider who can guarantee an exact arrival time.

18.4. Any threats of legal action or reputation damage in exchange for refunds due to lateness within our one-hour arrival window will be documented and may be used as evidence in civil action.

19. Unpaid Services

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

Invoices must be paid within 10 days of issue. Late payments will incur a $20 late fee, plus $20 per day thereafter. If referred to a debt collection agency, all legal costs will be the customer’s responsibility.

Payment can be made via credit/debit card, PayPal, or bank transfer. For bank transfers, contact info@cleanartex.com.au for details.

20. End of Lease Service

20.1. Booking An End of Lease
It is imperative that when booking a service, the customer selects the correct service. Hourly rates cannot be used for end of lease services, nor can a deep clean be selected in place of our end of lease service.

20.2 If a customer books an hourly service or deep clean when they are moving out of their home, the customer gives us the right to charge the end of lease cost to them.

20.3 We will inform the customer in advance that we will be charging an end of lease rate via email and text message.

20.4 If the customer refuses to pay the excess, they give us the right to cancel the job and charge a non-refundable fee equivalent to one hour’s work for two cleaners ($95).

20.5 All end of lease cleans where a property has previously been tenanted by the customer are entitled to a bond-back guarantee. This means 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 does not cover areas outside our scope, including but not limited to light fixtures, ceilings, inside air conditioning units, excessively dark grout, wall patching, or carpet repairs.

20.6 By booking an end-of-lease cleaning service, you guarantee that your property is safe for our service providers, has running hot water and electricity, and is free of furniture. We reserve the right to cancel any work order if these conditions are not met.

20.7 Our bond-back guarantee allows us to return within three days if your letting agent has issues with works within our scope (as stipulated by our end-of-lease cleaning checklist). We are unable to attend more than five days after the completion of the service.

20.8 Threats of legal action or threats to damage our reputation unless we refund you or provide a free re-clean after more than five days will be treated as slander and libel and may be used in civil proceedings against you.

21. Property Damage

21.1 If your property is accidentally damaged by one of our service providers, you must report the damage to CleanArtex administration staff on the day of service or the day after. Due to liability constraints, we cannot process damage claims reported more than two to three days after the cleaning service.

21.2 Our damage claims process may take up to one and a half months to fix or replace a damaged fixture, surface, or appliance.

21.3 By booking our service, you agree to wait until our insurer or our service provider’s insurer has investigated and completed the claim.

21.4 You also agree to follow the procedures required by our insurance provider. No monetary compensation will be provided in place of an insurance claim by CleanArtex.

21.5 Threats of legal action or reputational damage to force an immediate payment for accidental damage will be treated as libel, blackmail, and documented for use in civil action.

22. Our 100% Happiness Guarantee

22.1 If you are unhappy with our service, we will return to rectify any areas deemed unsatisfactory free of charge. If, after the re-clean, we have still not met expectations and there is clear proof of deficiencies, we will refund your service in full. Proof must include photo evidence with detailed notations.

22.2 We will return free of charge if notified within 48 hours of the service being rendered.

22.3 We will only return free of charge within a seven-day period.

22.4 Our 100% satisfaction guarantee does not cover services booked incorrectly, deep cleans booked as end-of-lease cleans, or situations beyond our control (e.g., no power at the property preventing mopping).

22.5 The 100% satisfaction guarantee does not entitle you to a free service outside the seven-day grace period, a monetary payment instead of a re-clean, or free extras in lieu.

22.6 Threats of legal action or reputational damage to force payment under a misinterpretation of our 100% satisfaction guarantee will be treated as libel or blackmail and documented for civil action.

23. Verbal and Physical Abuse From Clients

23.1 CleanArtex has a zero-tolerance policy for verbal or physical abuse directed toward our cleaning teams. If our teams feel unsafe or experience abuse, we will cancel the job and charge the full price of the booking. We will also notify the necessary authorities. Our cleaning teams are not to be scolded, abused, harassed, or intimidated by clients.

24. Damages to Fixtures and Appliances Within the Home

24.1 CleanArtex will endeavor to repair, replace, or cover the cost of accidental damage through our or our cleaning partner’s insurer.

24.2 Damages must be reported to CleanArtex’s head office on the day of service.

24.3 We will not assess or cover claims for damages reported more than 48 hours after a service.

24.4 Threats to damage our business reputation if we do not cover or repair your damages outside of our outlined claims process will be treated as libel and pursued through legal channels.

25. Referral Program

25.1 Our referral program offers a 10% commission of the total booking cost for any person you refer.

25.2 This applies only to completed bookings; no funds will be paid for incomplete bookings.