June 6, 2017

Terms and Conditions

Terms and Conditions

These terms and conditions constitute the full and complete service agreement (the “Agreement”) between you (the “Customer”) and Monster Carpet & Hard Floor Cleaning (“Monster Clean”) of 549 Maroondah hwy, Ringwood VIC 3134 Australia for the provision of services by Monster Clean.
Please take some time to review this Agreement. Use of our services constitutes your acceptance of these terms and conditions.

1. Carpet and Upholstery Cleaning Services

a. Subject to the terms of this Agreement, Monster Clean agrees to provide carpet and upholstery cleaning services (the “Service”) to the Customer at an address specified by the Customer (the “Premises”).
b. The Service will be for such carpet cleaning and upholstery cleaning services as agreed with the Customer at the time of booking.
c. Monster Clean will provide one or more carpet cleaning technicians (the “Carpet Cleaner”) to attend the Premises to provide the Service at a time and date mutually agreed between Monster Clean and the Customer (the “Service Time”).
d. Monster Clean endeavours to provide the Service faithfully, diligently and in a timely and professional manner.

2. Customer Representations and Warranties

The Customer represents and warrants that:
a. it will provide a safe working environment at the Premises for the Carpet Cleaner to perform the Service;
b. the Carpet Cleaner will have unencumbered and unobstructed access to those areas of the Premises requiring the Service;
c. it will provide the Carpet Cleaner with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required by the Carpet Cleaner to provide the Service;
d. it will advise Monster Clean prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers.
e. it is authorised to use the Premises and obtain the provision of Service;
f. it will secure or remove any fragile, delicate, breakable or valuable items, including cash, jewellery, works of art, antiques, or items of sentimental value prior to the commencement of the Service.

3. Health and Safety Risks

In addition to the obligations and warranties set out in clause 2 above, the Customer acknowledges and agrees that:
a. the Carpet Cleaner is entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk at the Premises;
b. the Carpet Cleaner 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 Carpet Cleaner, a risk to health and safety.
c. moisture on your furniture and carpets can present a slip hazard on nearby hard surface areas, we ask that the Customer avoid any areas that we are cleaning, and will advise any other guests, residents or contractors of this hazard until the carpets are dry.
d. the Customer must agree to keep children or dependents away from any equipment or hot water being used as a part of the carpet and upholstery cleaning process.
e. the Customer must ensure that the environment that the Customer is inviting the Carpet Cleaner to work in, is a safe environment free from electrical or structural hazard.
f. carpet cleaning solutions should be considered poisonous, and are not for human consumption.

4. Bookings

a. The Customer may make a booking either in person, by telephone, email or on the Monster Clean website.
b. At the time of booking the Customer must provide details of any hazards, slippery surfaces, risks or dangers.
c. Monster Clean reserves the right not to accept a booking for any reason.

5. Job Quotations

a. The actual price payable by the Customer is the quoted price provided by Monster Clean.
b. Any price quoted by Monster Clean is an estimate only based on Monster Clean’s experience, without inspection, and based on information provided by the Customer.
c. Quotes are valid for a period of 14 days from the date of the quote.
d. The quote we provide over the telephone or via email through the internet on the Monster Clean website, is based on information provided by the Customer to Monster Clean, and in the absence of specific room, or clearly definable descriptions will be based on standard room sizes/seating positions. If the actual work to be performed is different to what has been quoted for, the price will vary accordingly.
e. The Carpet Cleaner may quote extra after inspection if there are extra rooms or areas that Monster Clean were not informed of during the quotation process or if the condition of the carpet or upholstery is deemed to be different from the information provided by the Customer.
f. The Carpet Cleaner will confirm the price with the Customer before work commences.
g. When the Carpet Cleaner arrives at the Premises they will inspect the areas the Customer has requested to be cleaned.
h. Maximum room size applies for advertised or quoted ‘per room’ pricing structures. Maximum room size is 12 square meters and is based on a standard furnished room. Rooms less than 12 square meters will count as 1 standard room. Rooms over 12 square meters but under 24 square meters will count as 2 standard rooms.
i. Carpeted steps are quoted per step.
j. Upholstery cleaning prices are per seating position and are subject to the condition of the upholstery. Additional charges may apply for recliners, ottomans, chaises and loose cushions.
k. Spot and stain removal is included in Monster Clean’s carpet and upholstery cleaning price and the steam cleaning process.

6. Stains

a. The Carpet Cleaner will inspect the carpet, upholstery and stains before the Service commences.
b. Stains derived from bleaching agents, acids and permanent dyes may be permanent and cannot be removed with any treatment. Monster Clean and the Carpet Cleaner, does not guarantee stain removal for permanent stains.
c. Monster Clean cannot be responsible for any pre-existing condition that is not apparent upon visual inspection of the Premises.
d. The Carpet Cleaner may deem it ‘un-feesable’ to remove a particular stain or mark on the carpet when compared to the cost of replacement.

7. Cancellation Fees and Other Charges

a. The minimum charge for any Service is $90.00.
b. Surcharges may be charged on any Service booked for weekends, after hours and public holidays.
c. The Customer must telephone Monster Clean prior to 4pm on the business day before the Service Time, if they wish to suspend, postpone or cancel the Service for any reason.
d. In the event that such notice has been given, Monster Clean will endeavour to reschedule the Service if required.
e. In the event that the Customer does not provide notice prior to 4pm on the business day before the commencement of the Service, the Customer agrees to pay a cancellation fee (minimum of $90.00 inclusive of GST) for administrative costs and loss.

8. Fee for Non-Access to Premises

In the event that the Customer does not provide unencumbered access the Premises for Monster Clean or its Carpet Cleaners to provide the Service, the Customer agrees to pay a cancellation fee equivalent to the minimum charge (inclusive of GST) for administrative and travel costs.

9. Payment Terms

a. The Customer agrees to pay the price quoted by Monster Clean in full prior to or at the Service Time, unless otherwise agreed in advance with Monster Clean.
b. If no payment has been made by the Service Time, Monster Clean will use reasonable endeavours to contact the Customer for payment. In the event that Monster Clean cannot contact the Customer or payment is not made by the Service Time, the Customer will be deemed to have cancelled the Service, and the Customer must pay any cancellation fees or charges due set out in clause 7.
c. Payments may be made in cash or via bank deposit or bank transfer. Payments by bank deposit or bank transfer should be made to:
Account Name: Monster Carpet & Hard Floor Cleaning
Account BSB: 062 692
Account Number: 3013 7047
Transaction Ref: Tax Invoice Ref Number

10. GST

Unless specified otherwise, all prices and quotations are expressed to be GST inclusive.

11. Late Payment Fee

a. Where Monster Clean has agreed to invoice the Customer for payment of fees after the Service has been completed, the Customer agrees to pay in full, all fees due, within 7 days of the invoice date.
b. The Customer agrees that if Monster Clean has not received payment in full for the Service within one calendar month of the original invoice date then a late payment fee of $125 applies for the first month. Interest will be charged on the fixed rate of 13% p.a. ,
calculated for the period the account is due until the date it is paid.
c. If the Customer’s account is outstanding for more than 3 months, we will call at the Premises to collect payment in person, in which case an additional $90 minimum call out fee will apply.
d. Monster Clean reserves the right to pass the debt on to a collection agency and refer the Customers personal details to credit reporting agencies if the Customer’s account remains overdue past this point. This will incur additional charge.
e. In addition to the amounts set out above, the Customer agrees to indemnify Monster Clean for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Monster Clean in connection with a demand, action, or other proceeding (including mediation, out of court settlement or any action taken for recovery of debt from the Customer) arising out of a breach of these terms including the failure by the Customer to pay an amount by the due date.

12. Indemnity

The Customer indemnifies Monster Clean against:
a. all losses or liabilities arising directly or indirectly as a result of the provision of the Service including all losses or liabilities caused as a result of a breach of the warranties of the Customer set out in clause 2; and
b. all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Monster Clean 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 Customer).

13. Accidents, Breakage, Damage & Theft

a. The Customer must inform Monster Clean of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Carpet Cleaner within 24 hours of completion of the Service.
b. To the extent permitted by law, the Customer is not entitled to claim any loss for any incident if the incident is not reported to Monster Clean within 24 hours of completion of the Service.
c. To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of Monster Clean under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.

14. Termination

a. This Agreement may be terminated by the Customer by providing at least 24 hours notice prior to the Service Time.
b. Subject to clause 14(c), Monster Clean may terminate this Agreement by providing the Customer with at least 24 hours notice prior to the Service Time.
c. Monster Clean may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of Monster Clean, that breach is incapable of remedy.

15. Changes to this Agreement

a. Monster Clean 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 the Monster Clean website. Each updated agreement will take effect 24 hours after it has been published on the website.
b. The Customer agrees that any use of the Service following any such change, whether as a single job or as part of a regular carpet cleaning schedule, constitutes their agreement to follow and be bound by the terms and conditions as changed.

16. Law & Jurisdiction

The Customer and Monster Clean acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of Victoria and both agree to submit to the exclusive jurisdiction of the courts of Victoria in the event of any dispute.

17. Severability

The Customer agrees that if any term or provision is held invalid, void or unenforceable, then that provision will be considered severable and the remaining terms and provisions shall continue to be binding.

18. Copyright

The content of this Agreement is protected by international copyright laws and may be used for personal reference only. Subject to applicable law, permission to copy, alter, reproduce,