SOS CARPET CLEANING
TERMS AND CONDITIONS 01/2021
These terms and conditions constitute the full and complete service agreement (the "Agreement") between you (the "Customer") and SOS CARPET CLEANING ("SCHULTTZY’S OTHER SERVICES”) of 11/13 RAILWAY TERRACE MILTON QLD 4064, Australia for the provision of services by SOS ABN 91 960 739 484.
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/Tile &Grout cleaning
a. Subject to the terms of this Agreement, SOS CARPET CLEANING 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. SOS CARPET CLEANING 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 SOS and the Customer (the "Service Time").
d. SOS CARPET CLEANING endeavours to provide the Service faithfully, diligently and in a timely and professional manner.
2. Additions and Amendments
a. Any changes to the Service to be provided must be agreed by SOS CARPET CLEANING prior to the Service Time.
b. If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact SOS CARPET CLEANING by telephone, who may agree to provide the additional services in its absolute discretion. The Carpet Cleaner is not authorised to agree to any changes to the Service being provided. The Customer must not request such changes directly from the Carpet Cleaner.
3. 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 SOS CARPET CLEANING 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,
LARGER VIEW ON www.soscarpets.com.au
or items of sentimental value prior to the commencement of the Service.
4. Health and Safety Risks
In addition to the obligations and warranties set out in clause 3 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 does not provide or cease the provision of the Service were 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.
a. The Customer may make a booking either in person, by telephone, email or on the SOS CARPET CLEANING website.
b. At the time of booking the Customer must provide details of any hazards, slippery surfaces, risks or dangers.
c. SOS CARPET CLEANING provides all quotations at the time of booking.
d. SOS CARPET CLEANING reserves the right not to accept a booking for any reason.
6. Job Quotations
a. The actual price payable by the Customer is the quoted price provided by SOS CARPET CLEANING
b. Any price quoted by i SOS CARPET CLEANING s an estimate only based on SOS CARPET CLEANING experience, without inspection, and based on information provided by the Customer.
c. Quotes are valid for a period of 30 days from the date of the quote.
d. The quote we provide over the telephone or via email through the internet on the Apex Carpet Cleaning website, is based on information provided by the Customer to SOS CARPET CLEANING, 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 SOS CARPET CLEANING 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 14 square meters and is based on a standard furnished room. Rooms less than 14 square meters will count as 1 standard room. Rooms over 14 square meters but under 28 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 Apex’s carpet and upholstery cleaning price and the steam cleaning process.
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. SOS CARPET CLEANING and the Carpet Cleaner does not guarantee stain removal for permanent stains.
c. SOS CARPET CLEANING 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.
8. Cancellation Fees and Other Charges
a. The minimum charge for any Service is $90.00. PLUS, GST
b. Surcharges may be charged on any Service booked for weekends, after hours and public holidays.
c. The Customer must telephone SOS CARPET CLEANING 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, Apex 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 PLUS GST) for administrative costs and loss.
9. Fee for Non-Access to Premises
In the event that the Customer does not provide unencumbered access the Premises for SOS CARPET CLEANING 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.
10. Payment Terms
a. The Customer agrees to pay the price quoted by SOS CARPET CLEANING in full prior to or at the Service Time, unless otherwise agreed in advance with SOS CARPET CLEANING.
b. If no payment has been made by the Service Time, SOS CARPET CLEANING will use reasonable endeavours to contact the Customer for payment. In the event that SOS CARPET CLEANING 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 8.
c. Payments may be made in cash, cheque or via bank deposit or bank transfer. Payments by bank deposit or bank transfer should be made to:
Account Name: WESTPAC SCHULTZY’S OTHER SERVICES
Account BSB: 034-072
Account Number: 301596
Transaction Ref: Tax Invoice Ref Number
d. Cheque payments should be made payable to SCHULTZY’ OTHER SERVICES. If a payment is made by cheque then the Customer guarantees that there are sufficient funds in the cheque account to meet the payment of the cheque. If, for any reason whatsoever the cheque is not honoured, then the Customer will meet all additional costs incurred by the company. The minimum charge the Customer will incur for each dishonoured cheque will be $40.00.
Unless specified otherwise, all prices and quotations are expressed to be GST inclusive.
12. Late Payment Fe
a. Where SOS CARPET CLEANING 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 SOS CARPET CLEANING has not received payment in full for the Service within one calendar month of the original invoice date then a late payment fee of $25 applies for the first month. Interest will be charged on the fixed rate of 10% per annum on each day that any amount remains outstanding thereafter.
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. SOS CARPET CLEANING 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 SOS CARPET CLEANING or all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by SOS CARPET CLEANING 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.
If a Carpet Cleaner fails to attend the Premises within 1 hour of the Service Time and does not provide the requested Service, SOS CARPET CLEANING will provide the Customer with either:
a. a full refund of payments made by the Customer; or
b. offer to reschedule the Service at another time mutually agreed between the Customer and SOS CARPET CLEANING .
a. If the Customer is dissatisfied for any reason with the Service provided, it must inform Apex within 24 hours of completion of the Service. SOS CARPET CLEANING strives to achieve 100% customer satisfaction and will endeavour to resolve the problem quickly and efficiently.
b. In the event of a customer complaint, the Customer undertakes to give Apex the opportunity to rectify all work. Subject to clause 15, SOS CARPET CLEANING may, at its discretion, offer the Customer either of the following:
i. a partial or full refund.
ii. re-supply of the Service without charge.
iii. such other remedy as deemed appropriate by SOS CARPET CLEANING.
15. Exclusions and Limitations
a. The only conditions and warranties which are binding on SOS CARPET CLEANING in respect of the state, quality or condition of goods and services supplied by SOS CARPET CLEANING to Customers are those imposed and required to be binding by statute (including the Trade Practices Act 1974).
b. To the extent permitted by statute, the liability, if any, of SOS CARPET CLEANING is, at SOS CARPET CLEANING option, limited to and completely discharged by the resupply of the Service. SOS CARPET CLEANING is not responsible for:
i. not completing or providing the Service as a result of a breach of a warranty by the Customer in clause 3 (including a failure by the Customer to provide utility services, a safe working environment or unencumbered access to the Premises); or
ii. not completing or providing the Service as a result of the Carpet Cleaner not proceeding for health and safety reasons under clause 4;
iii. any loss or damage incurred by the Customer or any third party as a result of the effects of a force majeure, being any event beyond the reasonable control of SOS CARPET CLEANING.
iv. not completing or providing the Service due to an act or omission of the Customer or any other person at the Premises during provision of the Service.
v. wear, damage or stains that cannot be completely cleaned or removed.
vi. any wear or discolouring of fabric or surfaces becoming more visible once dirt has been removed.
vii. 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
viii. the cost of any key replacement or locksmith fees, unless keys were lost by SOS CARPET CLEANING or the Carpet Cleaner.
c. 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 SOS CARPET CLEANING are excluded.
d. The Customer acknowledges that the results of any services provided may vary depending on a number of factors (including time elapsed since Premises was last carpet cleaned and nature of carpet and upholstery cleaning required), and that Apex gives no guarantee as to the actual results of the Service.
e. Except to the extent provided in this clause, SOS CARPET CLEANING 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 Apex (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 Apex).
The Customer indemnifies SOS CARPET CLEANING against:
a. all losses or liabilities arising directly or indirectly because 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 3; and
b. all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by SOS CARPET CLEANING 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).
17. Accidents, Breakage, Damage & Theft
a. The Customer must inform SOS CARPET CLEANING 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 SOS CARPET CLEANING 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 SOS CARPET CLEANING under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.
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 18(c), SOS CARPET CLEANING may terminate this Agreement by providing the Customer with at least 24 hours’ notice prior to the Service Time.
c. SOS CARPET CLEANING may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of SOS CARPET CLEANING, that breach is incapable of remedy.
19. Changes to this Agreement
a. SOS CARPET CLEANING 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 SOS CARPET Cleaning 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.
20. Law & Jurisdiction
The Customer and SOS CARPET CLEANING acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of QUEENSLAND and both agree to submit to the exclusive jurisdiction of the courts of BRISBANE, QUEENSLAND in the event of any dispute.
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.
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, publish, transmit and/or otherwise distribute this content is forbidden without first obtaining the prior written permission of SOS CARPET CLEANING .
Mould Cleaning- Disclaimer
Although all care has been taken to clean, remove and kill visual mould. SOS Carpets and its worker do not take the responsibility of Mould returning. Or creating further damage as well as any Health-related issues to Mould. as microscopic spores can travel and grow in other parts of room and carpet as well through all living spaces.It is always the opinion Of SOS Carpets, that infected Carpets should be replaced sooner than later, and of the responsibility of the owner to seek further professional advice from Council and or local disease and control centre. QLD Health Government specialist to inspect and evaluate Mould Issue if it persists