Fantastic Domestic t/a Clean Queens
The terms and conditions stated herein (collectively, this “Agreement”) constitute a legal agreement between you (hereafter referred to as “Client”) and Fantastic Domestics (Pty) Ltd T/A Clean Queens (hereafter referred to as “Contractor”). By using or receiving any services supplied to you by the Contractor (collectively referred to as “the Services”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at www.cleanqueens.co.za or through the Services.
The Contractor reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Services any time, effective upon posting of an updated version of this Agreement of the Services. The Client is responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes. If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at firstname.lastname@example.org.
- SERVICE AGREEMENT
1.1. The Client will give the cleaner (hereafter referred to as “Service Provider”) access to the inside of the service premises during the agreed period
- 1.2. The Client will provide for the use by the Service Provider in performance of this contract all cleaning supplies and equipment necessary to complete the Service.
- 1.3. The Contractor will endeavour to be consistent in terms of assigning the same Service Provider, however should the assigned Service Provider be unavailable for any reason, the Contractor may assign replacement Service Provider. The Contractor will notify the Client in advance of changes to any assigned Service Provider.1.4. Standard working hours for assigned Service Provider are 08h00 to 16h30 or 07h00 to 15h30 with 30 minutes lunch. The Client is not required to provide lunch for the assigned Service Provider, but the Client may do so out of goodwill. Services to be performed by Service Provider include but not limited to: vacuuming of carpets, dusting, and polishing of furniture; cleaning of floors, kitchen appliances, bath tubs and shower stalls, toilets, sinks and all sink fixtures; in addition removal of dirt from the interior bins and brought to the outdoor bins, washing of walls, washing of windows, washing dishes, laundry, ironing.
2. SERVICE SCHEDULE
2.1 The Contractor will begin performing Cleaning Services on an agreed date. Thereafter, Cleaning Services shall be performed on a mutually agreed upon schedule reduced in writing.
2.2 Either party may propose a change to the schedule whereby any proposed changes, including potential adjustment to fees must be mutually agreed by both parties and reduced to writing.
3. QUALITY OF SERVICE
3.1 The Contractor aims to deliver consistent and efficient service and the satisfaction of the Client is of utmost importance. Should the Client not be completely satisfied with the Service delivered by the Contractor, the Client will be entitled to an appropriate refund or free Service unless the unsatisfactory service was as a result of the Service Provider being prevented from performing specific Services for any reasons beyond the control of the Contractor which are caused by the Client. These provisions only apply if the Client notifies the Contractor immediately after the service is rendered to which the client is not satisfied and further the Client is to supply pictures if applicable and a report of the events/services leading to dissatisfaction.
3.2 It is important that the Client identify any item that is irreplaceable or very valuable( such as but not limited to paintings, works of art, vases etc) and inform the Contractor in writing. The Service Provider will not handle these types of items as a general rule to prevent possible damage. While the Contractor normally would replace an item through purchase or insurance, such items could not be replaced. If the Service Provider comes upon an item she believes to be especially fragile and do not feel comfortable cleaning it, the Service Provider will leave it and discuss the issue with you. In the event that the client does not inform the Contractor in writing of any irreplaceable or valuable items, all items will be deemed not to be irreplaceable.
4. ENGAGEMENT WITH SERVICE PROVIDER
4.1 The Client is expected to treat the assigned Service Provider with respect, politeness, and dignity. The Client may not physically harm the Service Provider or speak to the Service Provider in a way that is demeaning, aggressive, racially offensive, or abusive in nature – the right to human Rights as ensconced in the Constitution Act of South Africa must at all times be adhered to. Failure to comply will result in immediate cancellation of the service agreement. Severe circumstances will be reported to the relevant authorities.
4.2 It is understood and agreed that the Client may not directly solicit work from the Service Provider outside agreements made with the Contractor under the penalty of legal action.
The Client agrees that any further work that may be required during, or at any time after the Contract Term, which was as a result of services provided to the client by the Contractor, including but not limited to, the Services provided by the Service Provider in terms of this Agreement, shall be conducted by the Contractor and will be subject to a separate consulting contract to be entered into between the client and the Contractor.
5.1 Client will pay Contractor on the first day of each month for services rendered the previous month. The billing cycle is from the 29th – 28th of the next month. Payments shall be made into the following account:
Account Holder: Fantastic Domestics (Pty) Ltd
Bank Name: First National Bank
Account number: 62699135599
Branch Code: 250655
Payment Reference: Client’s full name
5.2 For Services provided at an ad hoc, once-off basis, pre/post occupation, or carpet cleaning the Client will pay the Contractor before the date that the Services are scheduled to be rendered. Should payment not be received by the date of Service the Contractor may choose to cancel the Service. Payments shall be made into the following account:
Account Holder: Fantastic Domestics (Pty) Ltd
Bank Name: First National Bank
Account number: 62699135599
Branch Code: 250655
Payment Reference: Invoice Number
5.3 Price increases will occur on the 1st of July every year.
5.4 The client is not to make any payments directly to the Service Provider. Should Service Provider request any loan of monies from the Client the Client is required to notify the Contractor. The Contractor will not be held responsible for repayment of money loaned to the Cleaner by the Client.
5.5 If the payment is still outstanding by the 7th day of the month following the month on which the Invoice was issued, the Contractor will suspend the services and hand over the account to its lawyers for institution of legal proceedings.
5.6 If The Contractor institutes legal proceedings against the Client to enforce payment of amounts due, owing and payable, The Client shall be liable to pay all costs incurred by the debt collection company or attorney in collecting the payment on party and party scale. The costs are determined by various laws, including:
The Supreme Court Act, 1959
The Magistrates’ Courts Act, 1944
The Attorneys Act, 1979
The Debt Collector’s Act, 1998.
6. CANCELLATION POLICY
6.1 Either party may terminate this contract with written notice. If the Service occurs on a scheduled weekly, bi-weekly, or four-weekly basis, a 2 week cancellation notice in writing is required or the Client will be required to pay the full cost of the Service. One time cleaning may cancel the service before 16h00 on the day prior to the scheduled Service. The Client will be required to pay the full cost of the Service if cancelled after 16h00 on the day prior to the scheduled Service.
6.2 Any payment for above mentioned services owed by the Client shall be due and payable at the time the agreement is terminated.
7. REIMBURSEMENT AND LIMITATION OF LIABILITY
If, as a result of the Service Provider’s negligence, the Client suffers property damage, the Contractor will reimburse the Client for that portion of any damages for which the Contractor is found to be liable, up to the value of R2 000.00 which shall also be payable by the Contractor on party and party scale, provided this is reported within 5 days after the event. The reimbursement will be paid within 60 days after it was reported in writing and reimbursement was agreed on. This excludes services were the client uses 2 maids or more. The quantum of damages or loss suffered by the Client will and can only be proved by an expert in the relevant field and must be confirmed in writing. The Client may be required to provide 3 comparative quotes.
Furthermore the Contractor reserves the right not to reimburse the Client for any damages claimed but reserves the right to pay pending an investigation by the Contractor and subject to the condition that the Service Provider was grossly negligent and that there was no contributory negligence on behalf of the client. It is the Clients responsibility to take all steps necessary to keep all belongings safe and secure. The Contractor takes no responsibility for property theft of suspected property theft and will not be held liable for any property theft or suspected property theft by the Service Provider.
When selecting carpet cleaning please note that the carpet cleaning machine makes use of water to clean the carpet which means that the carpet may be slightly damp after the wash. Drying time depends on the weather on the day. It is the client’s responsibility to make sure that any water sensitive items are removed from the floor before cleaning. The Contractor will not be held liable for any water damage. Due to the unpredictable nature of fibre, carpet cleaning services are provided at the owners risk.
Rug/carpet fibers and colour dyes are fragile and can be easily damaged by spillages including water, urine and incorrect cleaning methods – these unstable dyes may migrate during the cleaning process. Old rugs lose integrity in their structure over time and through exposure to the elements – Every effort is made in our cleaning process to achieve the best possible results at all times
The following will not be reimbursed by the Contractor:
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from negligence of a User or third party;
- losses arising from a manufacturer’s or a product’s defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the User or due to specific User recommendations or instructions;
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash and securities;
- losses as a result of theft of property or any other intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality;
- losses based on sentimental and/or undocumented intangible value;
- losses related to repairs outside of the area where the booking was performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by the Company; and losses with insufficient documentation;
- losses for property damage to / (but not limited to) pictures & photo frames, glass kitchen items, glass furniture items, shower doors, glass holders for personal care, mirrors, etc. or crockery such as (but not limited to) plates, bowls, mugs, vases, etc.;
- losses for property damage caused by the use of abrasive products or the use and spillage of bleach (or similar products);
- losses for property damage to delicate and synthetic fabrics such as (but not limited to) lace, silk, satin, any sheer fabric, knits, 100% cotton, Egyptian cotton, rayon, spandex, nylon, etc. through laundry & ironing
- Any damages arising as a result of proper instructions not provided to the service provider (e.g. ironing of certain items, use of particular cleaning products).
How do I submit a Claim?
First written report of a claim must be made within 72 hours after Professional Service occurs. After first report, you will be asked to complete the full claims process within 7 days of receipt. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During the Company’s claims assessment process, you will be required to provide written detailed: (i) proof of ownership of damaged/missing item (ii) proof of value of damaged/missing item and (iii) proof of damage or loss. You also agree to: (i) protect and preserve any damaged property that is the basis of a claim from further damage, (ii) assist and allow the Company or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim, (iii) accept repairs and/or remediation by a Service Provider, (iv) request or accept a replacement only if repairs are proven not to be an option, (v) submit requested materials by the dates outlined by the Company’s Assessments and Incidents team, and (vi) accept a replacement item subject to the standard depreciation of that item. If any part of your claim is approved, then as a condition to any payment to you under the Satisfaction Guarantee, you will be required to execute and deliver to the Company a release agreement and assign to the Company or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approval claims and any rights in any property that is recovered.
Both parties agree to keep confidential all information concerning the other party’s business or its ideas, products, customers or services that could be considered to be “confidential information”. “Confidential information” is any information belonging to or in the possession or control of a party that is of a confidential, proprietary or trade secret nature and that is furnished or disclosed to the other party. Confidential information will remain the property of the disclosing party and the receiving party will not acquire any rights to that confidential information.
9. GENERAL PROVISIONS
9.1 Entire Agreement
This document contains the entire agreement between the Parties with regard to the matter dealt with herein and no representations, terms, conditions or warranties not contained in this Agreement shall be binding on either of the Parties.
No latitude, relaxation, indulgence or extension of time, which may be allowed to the Subcontractor or its employees by the Contractor in respect of any performance or breach or any other matter in terms of this Agreement, shall under any circumstances be deemed to be a waiver by the Contractor of any of its rights.
No variation, addition to or cancellation of this Agreement and no waiver of any right in terms of this Agreement shall be of any force and effect unless reduced to writing and signed by, or on behalf of, both Parties to this agreement.
9.4 Applicable Law
This Agreement shall be governed by and construed under the Laws of the Republic of South Africa and the Parties hereby consent to the jurisdiction of the Magistrates Court, Johannesburg, in respect to any dispute arising from or in connection with this agreement.
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