These terms and conditions constitute the full and complete service agreement (the "Agreement") between you (the "Customer") and Charters Towers Commercial Cleaning ("Charters Towers Commercial Cleaning") ABN: 44 816 939 665, for the provision of services by Charters Towers Commercial Cleaning.
Please take some time to review this Agreement. Use of our services constitutes your acceptance of these terms and conditions.

1. Payment Terms

a. The Customer agrees to pay the price quoted by Charters Towers Commercial Cleaning in full prior to or at the start of Service, unless otherwise agreed in advance with Charters Towers Commercial Cleaning in writing. 
b. If no payment has been made by the Service Time, Charters Towers Commercial Cleaning will use reasonable endeavours to contact the Customer for payment. In the event that Charters Towers Commercial 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 4. 
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: NSM WORKS
Account BSB: 064805
Account Number: 10263375
Transaction Ref: Customers Name or Invoice Number.

2. GST

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

3. Late Payment Fee

a. Where Charters Towers Commercial 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 Charters Towers Commercial Cleaning has not received payment in full for the Service within 7 days of the original invoice date then a late payment fee of $25 applies for the first 7 days. 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 7 days, we will contact the Customer to organize payment.

d. Charters Towers Commercial Cleaning may call at premises to collect payment in which case an additional $85 minimum call out fee will apply. 
e. Charters Towers Commercial Cleaning reserves the right to prosecute or 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 charges.
e. In addition to the amounts set out above, the Customer agrees to indemnify Charters Towers Commercial Cleaning for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Charters Towers Commercial 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.

4. Cancellation Fees and Other Charges

a. The minimum charge for any Call Out is $85.00, and any Service Carried out $105.
b. Surcharges may be charged on any Service booked for weekends, after hours and public holidays.
c. The Customer must telephone Charters Towers Commercial 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, Charters Towers Commercial Cleaning 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 $85.00 inclusive of GST if applicable) for administrative costs and loss.

5. Bookings

a. The Customer may make a booking either in person, by telephone, email or on the Charters Towers Commercial Cleanings website. 
b. At the time of booking the Customer must provide details of any hazards, slippery surfaces, risks or dangers. 
c. Charters Towers Commercial Cleaning provides all quotations at the time of booking. 
d. Charters Towers Commercial Cleaning reserves the right not to accept a booking for any reason.

6. Fee for Non-Access to Premises

In the event that the Customer does not provide unencumbered access to the Premises for Charters Towers Commercial Cleaning or its Technician to provide the Service, the Customer agrees to pay a cancellation fee equivalent to the minimum charge (inclusive of GST if applicable) for administrative and travel costs.

7. Job Quotations

a. The actual price payable by the Customer is the quoted price provided Charters Towers Commercial Cleaning.
b. Any price quoted by Charters Towers Commercial Cleaning is an estimate only based on Charters Towers Commercial 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 Charters Towers Commercial Cleaning website, is based on information provided by the Customer to Charters Towers Commercial 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 Technician may quote extra after inspection if there are extra rooms or areas that Charters Towers Commercial 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 Technician will confirm the price with the Customer before work commences.
g. When the Technician arrives at the Premises they will inspect the areas the Customer has requested to be cleaned or treated. 
h. Maximum room size applies for advertised or quoted 'per room' pricing structures.
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 Charters Towers Commercial Cleaning carpet and upholstery cleaning price and the steam cleaning process. Stubborn Stains that require Specialised treatment will have an extra charge.

8. Additions and Amendments

a. Any changes to the Service to be provided must be agreed by Charters Towers Commercial 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 Charters Towers Commercial Cleaning, who may agree to provide the additional services in its absolute discretion.

9. Customer Representations and Warranties

The Customer represents and warrants that:
a. it will provide a safe working environment at the Premises for the Technician to perform the Service; 
b. the Technician will have unencumbered and unobstructed access to those areas of the Premises requiring the Service; 
c. it will provide the Technician with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required by the Technician to provide the Service; 
d. it will advise Charters Towers Commercial 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, or items of sentimental value prior to the commencement of the Service.

10. Complaints

a. If the Customer is dissatisfied for any reason with the Service provided, it must inform Charters Towers Commercial Cleaning within 24 hours of completion of the Service. Charters Towers Commercial 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 Charters Towers Commercial Cleaning the opportunity to rectify all work. Subject to clause 17, Charters Towers Commercial 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 Charters Towers Commercial Cleaning.

11. Non-Appearance

If a Technician fails to attend the Premises within 1 hour of the Service Time and does not provide the requested Service, Charters Towers Commercial 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 Charters Towers Commercial Cleaning.

12. Cleaning Services

a. Subject to the terms of this Agreement, Charters Towers Commercial Cleaning agrees to provide cleaning services (the "Service") to the Customer at an address specified by the Customer (the "Premises"). 
b. The Service will be for such cleaning services as agreed with the Customer at the time of booking. 
c. Charters Towers Commercial Cleaning will provide one or more staff to attend the Premises to provide the Service at a time and date mutually agreed between Charters Towers Commercial Cleaning and the Customer (the "Service Time"). 
d. Charters Towers Commercial Cleaning endeavours to provide the Service faithfully, diligently and in a timely and professional manner.

13. Stains

a. The Technician 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. Charters Towers Commercial Cleaning and the Technician, does not guarantee stain removal for permanent stains.
c. Charters Towers Commercial Cleaning cannot be responsible for any pre-existing condition that is not apparent upon visual inspection of the Premises.

d. The Technician may deem it 'un-feasible' to remove a particular stain or mark on the carpet when compared to the cost of replacement.

14. Bond Cleans/End of Lease Cleaning

a. Items included in our ‘Main Cleaning List’ and ‘Extras List’ are available on the Charters Towers Commercial Cleaning website (ctccs.com.au) under the Bond Cleans page, or available by email upon request.

b. All items under the ‘Extras List’ have additional charges that will be stated on the Quotation.

c. Any Guarantees or Warrantees offered by Charters Towers Commercial Cleaning are only related to the work provided by Charters Towers Commercial Cleaning.

d. If for any reason the ‘Customer’ does not receive their bond back in part or in full due to reasons out of the control of Charters Towers Commercial Cleaning, Charters Towers Commercial Cleaning will not be liable in any way.

e. Unless specified on Quote, all jobs are based on Unfurnished premises.

15. Pest Management

a. If during the course of the program it is found that structural or environmental conditions prevent us from performing any sections of the Management Program, as quoted, then the terms of the FREE Service Period or the cost of your investment may need to be reviewed.

b. Unless specific written arrangements have been provided, the full contract price shall be due and recoverable by Charters Towers Commercial Cleaning on commencement of works, as detailed within the Proposal/Quotation/Invoice, and in accord with Charters Towers Commercial Cleaning Terms & Conditions as listed on 'ctccs.com.au/contact' and attached to 'Invoice/Works Order'.

c. Any FREE Service Period shall become null and void unless all monies due and payable to Charters Towers Commercial Cleaning have been paid in full within standard terms and in accordance with section 7 of ‘Precautions that should be taken in relation to the Pest Control Activity.’

d. Where a FREE Service Period has been provided then, upon notification by you, we agree to provide you with such remedial treatment(s) as may be required to the nominated property, AT NO COST TO YOU, for the term of the FREE Service Period as detailed below.  Any FREE Service Period is conditional upon you immediately notifying us of the signs of the suspected pest infestation.  Remedial treatment(s) will only be carried out to affected areas.

e. No responsibility can be accepted, nor warranty expressed or implied, for any damage or consequential losses that may occur as the result of past, current or future pest activity.

f. The proposed treatment only applies to the pest species named on page 1 on this Pest Management Advice. This program does not provide for a Pest Management Program against untreated pests.

g. It is a Requirement of the FREE Service Period that reasonable hygiene standards are met by the Occupants in order for infestations not to reoccur.

h. Only Pest Management agents/products approved by the Department of Primary Industry and/or the Australian Pesticides and Veterinary Medicines Authority (APVMA) and registered for use within the relevant State or Territory will be used.

i. While every care will be taken, NSM Works will not be held liable should staining of timbers, fabrics, wall coverings, floor coverings or any other articles occur.

j. You accept that this Pest Management program can be rendered ineffective if you fail to implement our recommended hygiene procedures, by making building and/or landscaping alterations, or by the introduction of conducive or infested materials.          

k. This program does not cover treatment for, or inspection for termites (white ants) or any other timber pests.

 l. This Pest Management Program is provided solely for the benefit of the Client named overleaf.  No liability or responsibility whatsoever, in contract or tort, is accepted to any third party who may rely on the proposal, quotation and/or treatment wholly or in part.  Any third party acting or relying upon this proposal/quotation and/or treatment does so at their own risk.

16. Health and Safety Risks

In addition to the obligations and warranties set out in clause 9 above, the Customer acknowledges and agrees that:
a. the Technician 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 Technician 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 Technician, a risk to health and safety. 
c. moisture on your furniture and floors can present a slip hazard on nearby hard surface areas, we ask that the Customer avoid any areas that we are cleaning or treating, and will advise any other guests, residents or contractors of this hazard until safe as notified by staff .
d. the Customer must agree to keep children or dependents away from any equipment or hot water being used as a part of the cleaning process and Pest Control process.
e. the Customer must ensure that the environment that the Customer is inviting staff to work in, is a safe environment free from electrical or structural hazard.
f. cleaning and Pest Control solutions should be considered poisonous, and are not for human consumption.

17. Exclusions and Limitations

a. The only conditions and warranties which are binding on Charters Towers Commercial Cleaning in respect of the state, quality or condition of goods and services supplied by Charters Towers Commercial 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 Charters Towers Commercial Cleaning is, at Charters Towers Commercial Cleaning option, limited to and completely discharged by the resupply of the Service. Charters Towers Commercial 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 Technician 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 Charters Towers Commercial 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 Charters Towers Commercial Cleaning. 
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 Charters Towers Commercial 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 Charters Towers Commercial Cleanings gives no guarantee as to the actual results of the Service. 
e. Except to the extent provided in this clause, Charters Towers Commercial 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 Charters Towers Commercial Cleaning (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 Charters Towers Commercial Cleaning).

18. Indemnity

The Customer indemnifies Charters Towers Commercial Cleaning 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 9; and 
b. all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Charters Towers Commercial 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).

19. Accidents, Breakage, Damage & Theft

a. The Customer must inform Charters Towers Commercial Cleaning of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Technician 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 Charters Towers Commercial 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 Charters Towers Commercial Cleaning under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.

20. 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 20(c), Charters Towers Commercial Cleaning may terminate this Agreement by providing the Customer with at least 24 hours notice prior to the Service Time. 
c. Charters Towers Commercial Cleaning may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of Charters Towers Commercial Cleaning, that breach is incapable of remedy.

21. Changes to this Agreement

a. Charters Towers Commercial 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 Charters Towers Commercial 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 cleaning or treatment schedule, constitutes their agreement to follow and be bound by the terms and conditions as changed.

22. Law & Jurisdiction

The Customer and Charters Towers Commercial 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 Queensland in the event of any dispute.

23. 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.