Important Notice About Your Agreement

Elite Clean Pty Ltd serves as an intermediary agent, working on behalf of independent service providers. Our primary role is to manage your booking inquiry and assign it to an appropriate service provider. Once we confirm your booking and provide the service provider’s details, a binding contract is established between you and the service provider under the terms specified in this document.

Please be aware that Elite Clean Pty Ltd is not a party to this contract. The service provider is solely responsible for delivering the services you’ve requested.

We encourage you to carefully read and understand these terms, as they will become legally binding when you confirm your booking. Pay special attention to clause 10 (for individual consumers) and clause 11 (for business clients), which describe the service provider’s liability limitations.

Definitions

When the following terms appear capitalized in these Terms and Conditions, they are defined as follows:

• Elite Clean Pty Ltd: Refers to Elite Clean Pty Ltd, trading as “Elite Clean,” a company registered in Australia under ABN 20 675 895 575, with its registered office at 5. Unit 7 51 TATE ST WEST LEEDERVILLE WA 6007.
• Cancellation Charge: A fee applied when a booking is canceled. This charge is calculated based on the service type and timing of the cancellation:
  1. Regular Cleaning Services (Booked More Than 48 Hours in Advance): If canceled with less than 48 hours’ notice, the fee is $50.00 AUD.
  2. Voucher or Discounted Regular Cleaning Services: When non-cancellable, non-refundable, or subject to full-price cancellation terms, the charge is $50.00 AUD.
  3. Other Services (Booked More Than 48 Hours in Advance): If canceled with less than 48 hours’ notice, the charge is 100% of the service price.
  4. Voucher or Discounted Other Services: When subject to similar non-cancellation terms, the charge is 100% of the service price.
• Rescheduling Charge: A fee applied for rescheduling appointments with less than 48 hours’ notice. The calculation depends on the service type and timing:
  1. Regular Cleaning Services (Booked More Than 48 Hours in Advance): If rescheduled with less than 48 hours’ notice, the fee is $25.00 AUD.
  2. Voucher or Discounted Regular Cleaning Services: When non-cancellable, non-refundable, or subject to full-price rescheduling terms, the charge is $25.00 AUD.
  3. Other Services (Booked More Than 48 Hours in Advance): If rescheduled with less than 48 hours’ notice, the fee is 50% of the service price.
  4. Voucher or Discounted Other Services: When subject to similar non-cancellation terms, the charge is 50% of the service price.
• Consumer Contracts Regulations: Refers to the relevant laws under the Competition and Consumer Act 2010, including amendments.
• Customer Equipment: Includes all domestic cleaning materials and equipment required for cleaning services, such as cleaning fluids, sprays, cloths, brooms, mops, buckets, vacuum cleaners, ironing boards, and other standard domestic cleaning appliances.
• Event Outside the Provider’s Control: As defined in clause 12.2, refers to circumstances beyond the Provider’s reasonable control.
• First Confirmation Email: The email sent by Elite Clean Pty Ltd after receiving your initial booking inquiry, which includes these Terms, service details, estimated costs and timelines, and other relevant information.
• Materials: Refers to any items, goods, or parts the Provider must purchase to perform the services, as detailed in the First Confirmation Email.
• Provider: The specific service provider assigned by Elite Clean Pty Ltd to deliver the requested services.
• Provider Equipment: Cleaning materials and equipment supplied by the Provider, as specified in the First Confirmation Email.
• Second Confirmation Email: The email sent by Elite Clean Pty Ltd confirming your booking and the identity of the assigned Provider.
• Services: The specific tasks or assistance provided by the Provider as outlined in your booking and the First Confirmation Email.
• GST: Refers to the Goods and Services Tax applicable under Australian law.
• Working Days: Monday to Friday, excluding public holidays.

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Your Contract with the Provider

These Terms outline the conditions under which the Provider will deliver the Services to you. Please read them carefully as they form a legally binding agreement between you and the Provider.

For Consumers

If you are a Consumer, your contract with the Provider will be established as follows:

1. Booking Enquiry:
   • When you make a booking enquiry (via phone, email, the Elite Clean website, or the mobile app), you will need to confirm that you have read and understood these Terms.
   • Elite Clean Pty Ltd will provide a non-binding estimate based on the details you provide.
2. Offer and Confirmation:
   • If you decide to proceed, your booking request will constitute an offer.
   • Elite Clean Pty Ltd will send you a First Confirmation Email, detailing the price, booking specifics, and these Terms for your reference.
   • Up to the day before your appointment, Elite Clean Pty Ltd will send you a Second Confirmation Email, confirming the details of your booking and the assigned Provider. This email serves as acceptance of your offer, and the contract with the Provider becomes binding.
3. Your Right to Cancel:
   • Under the Competition and Consumer Act 2010, you have the right to cancel the contract for any reason within 14 days of formation. This cancellation period starts the day after the contract is made. Your rights and the cancellation process are detailed in clause 13.1.

For Business Customers (Non-Consumers)

If you are a business customer (not a Consumer), your contract will be established as follows:

1. Booking Enquiry:
   • When you make a booking enquiry (via phone, the Elite Clean website, or the mobile app), you will be required to acknowledge that you have read and understood these Terms.
   • Elite Clean Pty Ltd will provide a non-binding estimate based on your details.
2. Offer and Acceptance:
   • Your request to proceed will be treated as an offer.
   • Acceptance occurs when Elite Clean Pty Ltd, as the Provider’s agent, sends the First Confirmation Email with booking details and these Terms. At this point, the contract with the Provider becomes binding.
3. Confirmation of Details:
   • A Second Confirmation Email will be sent before the appointment to remind you of your booking and confirm the Provider’s details.
4. Responsibility of Elite Clean Pty Ltd:
   • For clarity, Elite Clean Pty Ltd acts solely as an introductory agent and is authorized to establish contracts on behalf of the Provider. The responsibility for delivering the Services lies entirely with the Provider. Elite Clean Pty Ltd assumes no liability for the quality or execution of the Services.

Changes to Your Booking

1. For Consumers within the 14-Day Cancellation Period:
   • You may modify your booking without charge before the Services commence. However, please provide at least 48 hours’ notice for any changes to ensure availability.
2. For Consumers Outside the 14-Day Period and Non-Consumers:
   • Changes can be made without charge up to 24 hours before the Services start.
   • If the modification alters the total price, Elite Clean Pty Ltd will notify you of the updated amount in writing. You may cancel the booking under clause 13 if the changes are unacceptable.
3. Late Changes and Cancellations:
   • Any changes made less than 24 hours before the start time may be treated as cancellations, and you will be charged a Cancellation Fee.
   • If you shorten the duration of a booking without 24 hours’ notice, you agree to pay the full original price stated in the First Confirmation Email.

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Providing Services

The Provider is committed to delivering the Services outlined in your agreement. Below is a detailed explanation of how the Services will be provided and what you can expect:

Service Delivery

1. General Commitment:
   • The Provider will perform the agreed Services as specified in the booking confirmation emails.
2. Adherence to Timelines:
   • The Provider will make every reasonable effort to perform the Services within the timeframes specified in the First Confirmation Email.
   • If delays occur due to circumstances outside the Provider’s control (referred to as an Event Outside the Provider’s Control), the provisions of clause 12 will apply.
3. Provision of Equipment and Materials:
   • The Provider will supply the necessary Provider Equipment listed in the First Confirmation Email, ensuring it is in good working condition.
   • The Provider will also supply any required Materials, as detailed in the First Confirmation Email or subsequently agreed upon under clause 8.

Service Quality

The Services will be delivered:

• With reasonable care and skill, reflecting professional standards;
• In line with commonly accepted practices and industry standards;
• In full compliance with all applicable laws and regulations, including employment laws.

Subcontracting or Delegation

• The Provider may subcontract or delegate parts of the Services to other individuals or entities.
• Despite this, the Provider remains fully responsible for ensuring that the Services meet the agreed-upon standards and obligations under the contract.

Consistency of Personnel

• For recurring services, the Provider does not guarantee that the same individual(s) will always be assigned to perform the Services.
• Availability of specific personnel may vary, and their continued assignment cannot be ensured. Requests for particular individuals cannot be guaranteed.

Insurance Coverage

Both the Provider and Elite Clean Pty Ltd will maintain the following insurance policies during the provision of Services:

1. Public Liability Insurance: Coverage of at least AUD 10,000,000 to safeguard against third-party claims.
2. Product Liability Insurance (if applicable): Coverage of at least AUD 10,000,000 to protect against potential issues with any products used or supplied.

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Your Obligations

To ensure the smooth provision of the Services, you are required to fulfill the following obligations:

1. Providing Necessary Information: You must supply any information reasonably requested by the Provider to facilitate the Services. This may include details about the size, layout, or access to your property. Elite Clean Pty Ltd will contact you if additional information is needed. If the information you provide is incomplete or incorrect, the Provider may charge a reasonable fee to cover any extra work required. Any additional charges will be agreed upon with you in advance.
2. Cleaning Services:
   • You must provide a list of required cleaning tasks at the time of booking or to the Provider upon arrival.
   • If specific items require specialized care or cleaning products, you must notify Elite Clean Pty Ltd at the time of booking. The Provider is not obligated to use specialized products unless expressly agreed.
3. Waste Removal Services:
   • Clearly identify the area to be cleared or provide a list of items to be removed, including photos if necessary.
   • Items cannot be retrieved once removed, so you must specify any items not to be removed when booking or to the Provider upon arrival. The Provider is not responsible for any items removed in error due to unclear instructions.
4. Pest Control Services:
   • Follow all pre- and post-service instructions provided by the Provider.
   • Instructions may include vacating the property temporarily. Failure to comply may prevent the Provider from delivering the Service as scheduled.
5. Access to the Property:
   • Grant the Provider access to your property at agreed times.
   • If keys are provided, they must work without special effort. For properties with alarms, provide instructions for disarming and resetting them. Notify Elite Clean Pty Ltd if keys are provided and arrange for their return with reasonable notice. A $10.00 AUD fee applies for unregistered postal returns.
6. Utilities and Facilities:
   • Provide running water, electricity, and access to toilet and washing facilities.
7. Permissions and Preparations:
   • Obtain all necessary consents, such as landlord or planning permissions, before the Services begin.
   • Prepare your property by securing appliances, removing items from work areas, and covering furniture or fixtures to protect them from dust or dirt.
8. Valuables and Safety:
   • Secure or remove valuables, breakables, and sentimental items. Ensure animals are secured and cared for at your expense and that no unaccompanied children are present. The Provider does not accept responsibility for children or animals.
9. Transportation and Parking:
   • Arrange transportation for yourself and any dependents during the Service. The Provider will not transport you or others.
   • Provide a parking space near the property and cover any associated permits or congestion charges.
10. Provider Tools and Materials:
    • Permit the Provider to store tools and materials on-site if the Services span multiple days.
11. Customer Equipment:
    • Ensure all Customer Equipment provided is safe and in good working order.
12. Insurance:
    • Maintain adequate building, contents, and liability insurance and provide proof if requested.
13. Waste Disposal:
    • Unless otherwise agreed, you are responsible for waste removal after the Services.

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Site Visits

Certain services offered by the Provider may require an initial site visit to assess the property or location before the Services can be delivered. Below are the details regarding site visits:

When a Site Visit is Required

1. Applicable Services:
   • Services that may require a site visit include, but are not limited to:
     • Removal services
     • Landscaping and gardening services
     • Building services
     • Handyman services
     • Pest control services
     • Waste collection services
   • A site visit may also be necessary for other types of services depending on the information you provide during the booking process.
2. Notification and Scheduling:
   • If a site visit is deemed necessary, Elite Clean Pty Ltd will notify you when you make a booking.
   • A mutually convenient date and time for the site visit will be arranged with you.

Fees for Site Visits

• A fee is required to cover the Provider’s expenses for conducting the site visit.
• This fee will range between AUD 20.00 and AUD 50.00 (inclusive of GST), depending on the type of service needed.
• The exact fee will be discussed and agreed upon when you book the site visit.

Timing of the Site Visit

• The site visit may be conducted on the same day as the Services. However, it is considered a separate Service from the primary Services.

Access and Cancellation

1. Access Requirements:
   • If the Provider is unable to gain access to the property at the agreed time for the site visit, or if you cancel the Services after the Provider has arrived at your property, the Provider is entitled to retain a reasonable portion of the site visit fee. This will cover the expenses incurred for attending the site.
2. Consumer Cancellation Rights:
   • If you are a Consumer and request the Services to be performed during the statutory 14-day cancellation period (see clause 13.1), the Provider may ask you to sign a written request during the site visit to authorize the work to begin within this period.
   • If you choose not to sign this request, the Provider will delay the provision of the Services until after the 14-day period ends. In such cases, your appointment will need to be rescheduled.

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Changes to These Terms

Elite Clean Pty Ltd reserves the right to amend these Terms at any time at its sole discretion. These changes may occur for a variety of reasons, including but not limited to:

• To reflect changes in how the Provider accepts payment from you.
• To address operational adjustments in how the Services are provided.
• To correct obvious errors or inaccuracies.
• To update rates and/or prices, as allowed by clause 9.11.
• To ensure compliance with any changes in applicable laws or regulatory requirements.

If there are amendments to these Terms, Elite Clean Pty Ltd will provide you with notice of the changes before they take effect. Should you disagree with any changes, you have the right to cancel the Services in accordance with clause 13.

Except as specified in this clause, no changes to these Terms will be valid unless they are agreed upon in writing by Elite Clean Pty Ltd beforehand.

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If There Is a Problem with the Services

In the unlikely event that the Services do not meet the standards outlined in the contract, please take the following steps:

1. Contact Elite Clean Pty Ltd: Notify us of the issue as soon as possible, and no later than two months after discovering the problem.
2. Allow Investigation: Provide a reasonable opportunity for Elite CleanPty Ltd to investigate the issue and, if the Provider is at fault, arrange for them to correct, repair, or fix any defects.
3. Efforts to Fix Defects: The Provider will make every effort to correct, repair, or fix any problems or defects as soon as reasonably practicable if they are determined to have been caused by the Provider.

To clarify, the Provider is not responsible for issues arising from the following:

• Your failure to notify Elite Clean Pty Ltd within two months of discovering a defect.
• Disruption to the Services or damage caused by third parties present during the Service.
• Damage or defects caused by your negligence, intentional actions, or faulty work by you or any third party you hired.
• Damage to your garden or vegetation where the Provider followed your instructions for care and treatment.
• Damage to property caused by waste left behind, unless caused by the Provider’s negligence.
• Damage to items requiring specialist care that the Provider was not informed of, or if the Provider followed incorrect care instructions from you.
• Pre-existing wear and tear, defects, or damage to your property.
• Stains, burns, or ingrained dirt that cannot be removed by standard cleaning methods.
• Shrinkage of poorly fitted carpets.
• Failure to allow carpets to dry adequately before replacing furniture.
• Wear or discolouration of fabric that becomes more visible after cleaning.
• Any new blockage or damage from gutter cleaning or repairs unless caused by the Provider’s failure to do the work properly.
• Damage caused by faulty products or materials provided by you.
• Non-completion of tasks not explicitly listed in the First Confirmation Email or agreed upon in writing by Elite Clean Pty Ltd.
• Failure to complete the Services due to inadequate customer-provided equipment or insufficient booking hours.
• Failure to complete the Services due to additional unplanned tasks.
• Quality issues with “end of tenancy” or “after builders” cleaning services performed while the property is still occupied by tenants, builders, or others.

If you report a problem, Elite Clean Pty Ltd may arrange for a site inspection by a customer care representative. You agree that the representative may take photographs of any damage for the purpose of assessing and resolving the issue.

If you are a Consumer, you are entitled to legal rights related to services that are not performed with reasonable care or skill, or if materials are faulty or not as described. For more information on your legal rights, you can visit the Australian Competition and Consumer Commission (ACCC) website at www.accc.gov.au. These rights are not affected by the Terms outlined here.

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Materials

When the Provider performs the Services, there may be instances where it does not have all the necessary Materials at the start. This can occur for several reasons, including:

• The need for specific Materials only becomes apparent once the Provider begins the Services.
• The condition of an item or area involved in the Services becomes evident only during the performance of the Services, which may not have been predictable beforehand.

In such cases, the Provider may need to purchase additional Materials. If these Materials are available from a local supplier, the Provider will travel to purchase them and return to continue the Services. The Provider typically charges for the travel time at its standard rate, which will be communicated to you. If you are a Consumer, any extra charges for travel time will be agreed upon with you in advance. If you are not a Consumer, the Provider will request your consent for any charges if travel time exceeds one hour.

If the Materials are unavailable locally, the Provider will usually order the required items and return on another day to continue the Services. In cases where the Provider buys or orders the wrong Materials, it will not charge you for the time spent obtaining them. However, the Provider may charge for time spent making phone calls to suppliers or its office to locate the correct Materials. Again, if you are a Consumer, any additional charges will be agreed upon in advance.

Where the Provider needs to purchase Materials to perform the Services, you will pay for them as outlined in the payment terms specified in the First Confirmation Email. If the Materials were not initially listed in the First Confirmation Email, the Provider will discuss this with you beforehand. The Provider will either request payment when purchasing the Materials or arrange for Elite Clean Pty Ltd to invoice you, with payment due within seven days from the invoice date. Until full payment is made (including delivery charges), the Provider will retain ownership of the Materials.

You should inspect the Materials as soon as reasonably possible after they are delivered and/or installed. Keep in mind that some materials may have inherent imperfections or variations due to the way they were manufactured or constructed. These imperfections or variations will not be considered a breach of the Provider’s obligations if they are a natural result of the manufacturing process.

All Materials purchased or used in performing the Services will be new, of satisfactory quality, and fit for their intended purpose.

If you wish to supply any materials or goods for the Services, the Provider will not be responsible for ensuring that these materials are of satisfactory quality or fit for the intended use.

If you have a specific purpose for the Materials or how they should be used, you should inform the Provider in advance. Ideally, this should be provided in writing.

If the amount of Materials used by the Provider is less than originally specified, any excess will be left at your property. If you would like the Provider to remove the unused materials, please notify them. The Provider will need at least two Working Days’ notice to arrange for their removal.

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Price and Payment

The price for the Services (and any Provider Equipment) will be as outlined and confirmed in the First Confirmation Email, unless there is an obvious error. For many Services, the price is determined by the time the Provider spends performing the Services. In such cases, the Provider charges for each 60-minute period (or part thereof) spent on providing the Services. For other Services, such as waste removal, the price is based on different factors, like weight. The applicable rates for each Service will be communicated to you when you make the booking and confirmed in the First Confirmation Email.

Certain Services, like building, handyman, or pest control Services, may include a call-out charge. If this charge applies, it will be clearly stated in the estimate provided at the time of booking. If the Provider arrives at the scheduled time but cannot gain access to your property, or if you cancel the Services after their arrival, the Provider is entitled to retain any call-out charge to cover their travel and other incurred expenses.

The price for any Materials will also be confirmed in the First Confirmation Email or as agreed upon with you in line with clause 8.

Elite Clean Pty Ltd does not control the Providers’ rates, which may fluctuate due to changes in underlying costs or external factors such as inflation.

If the price listed in the First Confirmation Email differs from what the Provider charges for the Services, Elite Clean Pty Ltd will notify you of the revised price. If the revised price is not acceptable, you may cancel your booking without any penalty.

Payment for Services (and any Provider Equipment) must be made to Elite Clean Pty Ltd through approved methods, including cheque, credit/debit card, standing order, or bank transfer. Payments can be processed via Elite Clean Pty Ltd’s website or mobile app, using third-party processors like Stripe or NAB Transact. If you have a credit account, payment will be made in accordance with the terms of that account.

Elite Clean Pty Ltd does not accept in-person or cash payments.

If the price includes snagging work (for example, handyman or building Services), the remaining portion of the price will be due after the snagging work is completed. The balance must be paid promptly once either the snagging work is completed to your satisfaction or 14 days have passed since the original work was finished, provided no access was granted for snagging.

The Provider may charge a higher amount than initially agreed due to changes in the scope of work or unexpected factors that arise during the provision of Services. If this happens, the Provider will seek your approval for the additional cost before continuing the Services.

Rates and prices may change from time to time, reflecting changes in costs such as raw materials or inflation. Elite Clean Pty Ltd will give you prior notice of any price adjustments. Changes in rates and/or prices will not affect Services booked before the price change takes effect.

The price includes GST where applicable. If the GST rate changes between the date of your First Confirmation Email and the performance of Services, the price will be adjusted to reflect the new rate, unless you have already paid in full.

You may be required to make an advance payment for the Services, Provider Equipment, or Materials. If an advance payment is necessary, the sum due, payment method, and deadline will be clearly specified in the First Confirmation Email. Your rights to reimbursement of any advance payment on cancellation are outlined in clause 13.

After the Services are completed, the Provider will invoice you for any remaining amounts due for Services, Equipment, and/or Materials. The invoice must be paid in full by the due date specified in the First Confirmation Email or on the invoice. If no due date is specified, payment is due within 30 calendar days of the invoice date. If you paid by credit/debit card, payment will be processed by the end of the day the Services are completed.

If you fail to make a payment as agreed (as outlined in clauses 9.13 and 9.14), the Provider has the right to suspend Services immediately until the outstanding amount is settled (except where an invoice is disputed under clause 9.18). Elite Clean Pty Ltd will notify you of this.

If payment is overdue, the Provider may charge interest on the overdue amount at a rate of 3% per year above the base lending rate of the National Bank of Australia (if you are a Consumer) or at the rate specified in the Late Payment of Commercial Debts (Interest) Bill 2003 (if you are not a Consumer). This interest will accrue daily from the due date until full payment is received.

If you fail to make payment by the due date, the Provider may process the payment using the bank card details provided at the time of booking, including any interest accrued.

If you dispute an invoice in good faith and notify Elite Clean Pty Ltd promptly after receiving the invoice, clauses 9.16 and 9.17 will not apply during the dispute period.

This Price and Payment section survives the termination or expiration of the contract.

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The Provider’s Liability to Consumers

This Clause 10 applies only if you are a Consumer.

If the Provider fails to comply with these Terms, it is liable for any loss or damage you suffer that is a foreseeable result of its failure or negligence. However, the Provider will not be held responsible for loss or damage that is not foreseeable. Loss or damage is considered foreseeable if it is an obvious consequence of the Provider’s breach or if it was anticipated at the time the contract was formed.

If the Provider is performing Services at your property, it will take responsibility for any damage caused to your property during installation or performance of the Services. However, the Provider is not liable for repairing pre-existing faults or damage discovered during the course of installation or service performance.

The Provider supplies the Services exclusively for domestic and private use. If you use the Services for commercial, business, or resale purposes, the Provider will not be liable for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Subject to Clause 10.6, the Provider’s total financial liability to you, for all direct, indirect, and consequential losses arising under or in connection with the contract (whether in contract, tort (including negligence), breach of statutory duty, or otherwise), will not exceed the lower of AUD 5,000 or the total amount paid by you to the Provider under the contract in the 12 months prior to the claim being made.

The Provider does not exclude or limit its liability for:

• Death or personal injury caused by its negligence or the negligence of its employees, agents, representatives, or subcontractors.
• Fraud or fraudulent misrepresentation.
• Breach of terms implied by Consumer guarantees under the Australian Consumer Law and the Australian Competition and Consumer Commission (ACCC).
• Breach of terms implied by the Australian Consumer Law and Fair Trading Act 2012.
• Defective products under the Australian Consumer Law (ACL), which is Schedule 2 of the Competition and Consumer Act 2010.
• Any other liability that cannot be excluded or limited by Australian law.

The Provider may supply goods in connection with the Services. If you are a Consumer, you have legal rights regarding goods that are faulty or not as described. The Provider is legally obligated to supply goods that conform to the contract. For more information on your legal rights, you can consult the Australian Competition & Consumer Commission (www.accc.gov.au) or Fair Trading Australia (www.business.gov.au). Nothing in these Terms will affect those legal rights.

This Clause 10 shall remain in effect after the termination or expiration of the contract.

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The Provider’s Liability to Non-Consumers

This Clause 11 applies only if you are not a Consumer.

Nothing in these Terms will limit or exclude the Provider’s liability for:

• Death or personal injury caused by the Provider’s negligence, or the negligence of its employees, agents, representatives, or subcontractors.
• Fraud or fraudulent misrepresentation.
• Breach of terms implied by the Australian Consumer Law (ACL), which is Schedule 2 of the Competition and Consumer Act 2010.
• Any other liability that cannot be excluded or limited under Australian law.

Subject to Clause 11.2:

• The Provider will not be liable to you under any circumstances for:
  • Loss of profits, sales, business, or revenue.
  • Loss of business opportunity, goodwill, or anticipated savings.
  • Loss of or corruption to data.
  • Any indirect or consequential loss arising from or in connection with the contract.
• The total financial liability of the Provider to you, in respect of all other losses arising from or in connection with the contract (whether in contract, tort (including negligence), breach of statutory duty, or otherwise), shall not exceed the lower of AUD 5,000 or the amount paid by you to the Provider under the contract in the 12 months prior to the claim being made.

To the fullest extent permitted by law, the terms implied by Australian Consumer Law are excluded from the contract.

This Clause 11 will remain in effect after the termination or expiration of the contract.

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Events Outside the Provider’s Control

The Provider will not be held responsible for failing to perform or delaying the performance of its obligations under these Terms if such failure or delay is caused by an Event Outside the Provider’s Control.

An Event Outside the Provider’s Control refers to any act, event, or situation that is beyond the reasonable control of the Provider. Examples of such events include:

• Weather conditions that make it unsafe or impossible for the Provider to perform any Services.
• The condition or state of your property making it unsafe for the Provider to perform any Services.
• Failure on your part to meet your obligations under Clause 4, preventing the Provider from providing all or part of the Services at the agreed time. This may include situations like:
  • The Provider being unable to access your property at the scheduled time.
  • You not adequately preparing your property (e.g., leaving belongings in areas where Services are to be carried out).
• Unforeseen technical issues or changes in the Services that you request, leading to further work or delays while waiting for new or different materials.
• The Provider being instructed that the Services it is providing do not comply with statutory or regulatory requirements, or violate planning consents or environmental laws.
• Failure to receive materials on the scheduled date from the supplier (or an inability to find a replacement supplier promptly), especially if a replacement supplier charges a significantly higher price for urgent orders.
• Delays caused by other service providers (whom you have engaged) completing their work before the Provider can proceed with the Services.
• Any other unforeseen event beyond the Provider’s control, including, but not limited to:
  • Strikes, lock-outs, or industrial action by third parties.
  • Civil commotion, riots, terrorist attacks or threats, war (declared or not), or preparations for war.
  • Natural disasters such as fire, explosion, storm, flood, earthquake, subsidence, or epidemics.
  • Failures of public or private utilities or telecommunications networks.

In such cases, the Provider will typically attempt to resume performing the Services as soon as the issue causing the delay is resolved. However, this may result in significant delays before the Provider can begin or continue the Services.

If an Event Outside the Provider’s Control impacts the Provider’s ability to fulfill its obligations under these Terms:

• Elite Clean Pty Ltd will notify you as soon as reasonably possible.
• The Provider’s obligations will be suspended, and the timeline for performance will be extended for the duration of the event.

If the Event Outside the Provider’s Control affects the performance of Services to you, the Provider will resume the Services as soon as possible after the event concludes.

You may cancel the Services if an Event Outside the Provider’s Control occurs and you no longer wish to proceed. Refer to your cancellation rights in Clause 13. The Provider may cancel the contract if the event continues for more than four weeks, as per its rights in Clause 14.

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Your Rights to Cancel and Applicable Refund

If you are a Consumer, in accordance with the provisions of the Competition and Consumer Act, you have the right to cancel your contract within 14 days without providing any reason. The cancellation period will expire after 14 days from the date the contract is concluded (which is the date you receive the Second Confirmation Email confirming the details of your provider).

To exercise your right to cancel, you must inform Elite Clean Pty Ltd of your decision by providing a clear statement, such as a letter sent by post or email, or a telephone call. You may also use the Cancellation Form in the Schedule of these Terms, but doing so is not required. Alternatively, you can submit the Cancellation Form or another clear statement electronically on the Elite Clean Pty Ltd website (https://eliteclean.com.au/) If you choose this option, Elite Clean Pty Ltd will confirm receipt of your cancellation promptly, via a durable medium (e.g., email).

For all cancellations, use the following contact details:

• Address: 5. Unit 7 51 TATE ST WEST LEEDERVILLE WA 6007
• Telephone: +61 426 064 203
• Email: elite.cleaningpacific@gmail.com

To meet the cancellation deadline, it is sufficient to send your cancellation notice to Elite Clean Pty Ltd before the expiration of the 14-day period.

Refunds

• If you cancel your contract before the Services begin, Elite Clean Pty Ltd will refund all payments received from you.
• The refund will be processed without undue delay, and no later than 14 days from the date Elite Clean Pty Ltd is informed about your decision to cancel the contract.
• The refund will be made using the same payment method as your initial transaction unless you explicitly agree otherwise. You will not incur any additional fees as a result of the refund.

Services Requested During Cancellation Period

• If you requested the performance of Services to begin during the cancellation period, you acknowledge that you will need to pay for any Services performed up until the time you communicate your decision to cancel. This may include a proportional amount for any site visit fees or call-out charges incurred under Clause 5 or Clause 9.2.
• If you cancel after the Services have started, you will lose the right to cancel your contract once the Services are completed and will be required to pay for the Services in full.

Cancellation After 14 Days (Non-Consumers or Post-Cancellation Period)

If you are not a Consumer, or if the 14-day cancellation period has expired, you retain cancellation rights under the following terms:

1. Before Services Begin:
   • You may cancel the Services without charge up to 24 hours before the scheduled start date by contacting Elite Clean Pty Ltd. A written confirmation of cancellation will be provided.
   • If you fail to provide at least 24 hours’ notice, a Cancellation Charge will apply.
2. Refund After Cancellation:
   • If you cancel the Services with at least 24 hours’ notice and have made advance payments for Services that have not been provided, these amounts will be refunded to you, less any applicable Cancellation Charge.
   • If the Provider has already started work on the Services by the time you cancel, you will pay for any reasonable costs the Provider has incurred to begin the Services, in addition to the Cancellation Charge. These costs will be deducted from any refund, or if no refund is due, you will be invoiced for these costs.
3. Cancellation for Regular or Periodic Services:
   • For Services provided on a regular or periodic basis (e.g., weekly cleaning or gardening), you may cancel the Services at any time by providing seven days’ notice in writing to Elite Clean Pty Ltd.
   • Any advance payments made for Services that have not been provided will be refunded. If you give less than seven days’ notice, you agree to pay the Cancellation Charge.
4. Cancellation of Ongoing or One-off Services:
   • For one-off tasks that span multiple days (e.g., garden landscaping), you may cancel the Services at any time after work has begun by notifying Elite Clean Pty Ltd. You will be refunded for any unprovided Services but will be required to pay for Services already rendered, plus any applicable charges as stated above.
5. Cancellation After Service Has Begun:
   • If you wish to cancel the Services once the Provider has begun performing them, you may do so without charge if the Provider has:
     • Materially breached the contract and fails to correct the situation within seven days.
     • Changed the Terms in a way that materially disadvantages you (see Clause 6.1).
     • Been affected by an Event Outside the Provider’s Control (except if your failure to comply with your obligations caused the event).
6. Materials Purchased or Contractually Committed:
   • If you cancel and the Provider has already purchased or committed to purchasing materials with your consent, you must pay for these materials. Once the Provider receives payment, any unused materials will be delivered to you, and ownership will pass to you. These costs will be deducted from any refund, or if no refund is due, you will be invoiced.
7. However, if you cancel due to the Provider’s failure to comply with the Terms, you will not be charged for materials unless the Provider’s failure is caused by an Event Outside the Provider’s Control as outlined in Clause 12.2.3.

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The Provider’s Rights to Cancel and Applicable Refund

The provisions outlined in this Clause 14 are subject to any more favorable cancellation rights you may have as a Consumer under Clause 13.1.

Cancellation Before Services Begin

If the Provider must cancel the Services before the agreed start date, this may occur due to an Event Outside the Provider’s Control or due to the unavailability of key personnel or essential materials required to perform the Services. If this happens, Elite Clean Pty Ltd will promptly notify you.

• If Elite Clean Pty Ltd cancels the Services under Clause 14.2.1, and you have made any advance payments for Services that have not been provided, these amounts will be refunded to you.
• However, if the cancellation is caused by your failure to comply with your obligations under Clause 4, which is considered an Event Outside the Provider’s Control (as outlined in Clause 12.2.3), the Cancellation Charge will be deducted from the refund, in accordance with your rights as a Consumer under Clause 13.1.

If Elite Clean Pty Ltd has already started any preparatory work related to the Services at the time of cancellation, no charge will be applied, and any advance payments will be refunded to you.

Cancellation of Regular or Periodic Services

For Services that are provided on a regular or periodic basis (such as weekly cleaning or gardening services), once the Provider has started providing the Services, it may cancel the Services at any time by giving you at least 30 days’ written notice. If you have made any advance payments for Services that have not been provided, these payments will be refunded.

Cancellation Due to Non-Payment or Breach

The Provider has the right to cancel the Services immediately, by providing written notice to you, if:

1. Non-Payment: You fail to pay any sums due under Clauses 9.13 and 9.14. This does not affect the Provider’s right to charge interest on overdue amounts as per Clause 9.16.
2. Material Breach: You breach any other material term of these Terms and do not resolve the issue within seven days after being asked to do so in writing.

Refund for Materials Purchased

If the Provider cancels the Services after having purchased or committed to purchasing any materials, you will be required to pay for any materials that have already been used in performing the Services. The cost of these materials will be:

• Deducted from any refund due to you; or
• If no refund is due, invoiced to you for the cost of the materials.

Elite Clean Pty Ltd will inform you of the costs associated with these materials when you contact them.

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The Provider’s Employees, Workers, Representatives, and Sub-contractors

Elite Clean Pty Ltd has established a written contract with all Providers that prohibits them from working directly or indirectly for clients introduced to them by Elite Clean Pty Ltd. This restriction applies during the term of their contract and for six months immediately following the termination of that contract. The company invests considerable resources into the training and development of its Providers to ensure that they meet the high standards of service expected.

As long as the Services are being provided by the Provider, and for a period of six months thereafter, you agree not to:

• Directly or indirectly engage, or offer to engage, the Provider or any of the Provider’s employees, workers, representatives, or sub-contractors to provide services to you that are similar to or the same as the Services.

If you breach this agreement under Clause 15.2, you agree to pay a sum of AUD 1000.00 as liquidated damages. You acknowledge that this amount represents a genuine pre-estimate of the loss that Elite Clean Pty Ltd would incur due to the breach.

The sum specified under Clause 15.3 is payable to Elite Clean Pty Ltd on demand. You agree that all or part of this sum may be deducted from any amounts held by Elite Clean Pty Ltd or the Provider related to the provision of the Services.

This clause shall remain in effect after the termination or expiry of the contract.

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How to Contact Elite Clean Pty Ltd

If you have any questions or concerns, or if you need to file a complaint, please do not hesitate to contact Elite Clean Pty Ltd. You can reach their customer support team via the following contact methods:

• Address: 5. Unit 7 51 TATE ST WEST LEEDERVILLE WA 6007
• Telephone: +61 426 064 203
• Email: elite.cleaningpacific@gmail.com

If you need to contact Elite Clean Pty Ltd in writing, or if any part of these Terms requires you to send notice in writing (such as for cancellation of Services), you may send it via email or post to the contact details above. Once your communication is received, Elite Clean Pty Ltd will confirm receipt by contacting you in writing.

If Elite Clean Pty Ltd needs to contact you or send you a notice on behalf of the Provider, it will do so through email, hand delivery, or pre-paid post, using the contact details you provided when making your booking.

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How Your Personal Information May Be Used

The Provider will only use the personal information you provide to Elite Clean Pty Ltd and/or the Provider for the purpose of delivering the Services to you. If applicable, your information will also be used to process payments for the Services.

Elite Clean Pty Ltd is committed to handling your personal information in accordance with its Privacy Policy, which governs the collection, use, and storage of your personal data. The Privacy Policy is available for review at https://fantasticservicesgroup.com.au/privacy-policy/.

It is important that you take the time to read this Privacy Policy, as it contains critical information and terms that apply to the handling of your personal data.

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Other Important Terms

1. Survival of Provisions
   Any provision within these Terms that, by its nature or implication, is intended to continue in effect after the termination or expiry of the contract will remain valid and enforceable.
2. Effect of Termination or Expiry
   The termination or expiry of the contract will not affect any rights, remedies, obligations, or liabilities that have accrued up to that point. This includes the right to claim damages for any breach that occurred before the date of termination or expiry.
3. Assignment of Rights and Obligations
   The Provider has the right to transfer its rights and obligations under these Terms to another organization. If this occurs, Elite Clean Pty Ltd will notify you in writing. Such transfer will not affect your rights or the Provider’s obligations under these Terms.
4. No Third-Party Rights
   This contract is between you and the Provider. Other thanElite Clean Pty Ltd, no third party has the right to enforce any provisions of this contract.
5. Severability
   If any provision or part of a provision in these Terms is found to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the invalid provision will be removed, but the rest of the Terms will remain in full force and effect.
6. Waiver of Rights
   If the Provider fails to enforce any of your obligations or delays in doing so, it does not waive its rights to enforce those obligations in the future. Any waiver of a default by you must be in writing and will not apply to any subsequent default.
7. Governing Law and Jurisdiction
   These Terms are governed by Australian law. Both you and the Provider agree to submit to the non-exclusive jurisdiction of Australian courts.
8. References to “Writing” or “Written”
   In these Terms, references to “writing” or “written” include email, unless otherwise specified.
9. Singular and Plural
   Words used in the singular include the plural, and vice versa, unless the context requires otherwise.
10. Illustrative Terms
    Terms like “including”, “include”, “for example”, or similar expressions are intended to be illustrative, not restrictive, and do not limit the meaning of the words or phrases that precede them.