Terms and Conditions
1. Application
1.1 The following terms of conditions (“Terms”) shall apply to the cleaning services (“Services”) purchased by you from Clean Planet Franchise Limited (“us, we, our”). These Terms will prevail if there is any inconsistency with any other document. The Services will be provided to you by one of our Clean Planet Domestic Cleaning Franchisees (“Cleaners”) who are required to strictly follow our standards in all respects.
2. Services
2.1 If you have selected to receive the Services on hourly basis, the following applies:
(a) The minimum purchase is 2 hours;
(b) The number of cleaners attending your Premises to perform the Services may vary but this does not affect the initial quoted price, nor will it affect the cleaning time booked;
(c) The Services will only be provided for the amount of time you have purchased.
(d) Factors such as current condition of the premises, number of rooms, bathrooms, WCs, shower rooms and ensuites etc may mean that the Services will not be completed within the time period you have purchased.
(e) We make no warranty that the time allowed for the Services will be sufficient for the job to be completed, but only that the time allowed for is the estimated time required for a typical job of the same general specification indicated in a standard dwelling of a similar size shown in the pricing to be completed.
2.2 If you have purchased our Deep Clean and End of Tenancy Clean Services, the prices you have been quoted are based on the assumption that the Premises are in a reasonable state and the Services can readily be provided. If we consider that this is not the case our quote will not apply, and we reserve the right to not provide the Services in which case we will provide you with a refund less $50 deducted for travel and other expenses incurred.
2.3 Our hourly cleans, Deep Cleans and End of Tenancy Cleans do not include extras such as: carpet and upholstery steam cleaning, stripping and polishing floors, washing up dishes, taking more than 5 items out of cupboards and then putting them back in, dusting books, cleaning walls/ceilings, cleaning balconies/terraces, cleaning patios/gardens. Any extra services are priced separately, and need to be requested in writing at least 5 days prior to the start date.
2.4 You agree to provide a list of tasks to be completed for those other than the tasks on the general specification or ‘Other Services’. You understand that the price you have been quoted does not include anything apart from labour and equipment to complete the indicated tasks.
2.5 We agree to provide all cleaning supplies and cleaning equipment necessary to carry out the Services, unless you have made other arrangement with us.
2.6 You must provide running water, electricity and sufficient lighting at the premises where the Services takes place.
2.7 On grounds of health and safety, we are under no obligation to clean vomit, blood, excretion or any other body spillages. A special price for such cleaning will be quoted on demand.
2.8 We reserve the right not to continue with the job if on inspection, it is found that the material to be cleaned or treated is not suitable for cleaning or treatment. We will also will not continue with the job if for example water or power is not available or if there is interference in the work from the Client or any other person. No refund will be provided if this clause applies.
2.9 We reserve the right not to provide the Services on the agreed date if we are unable to reasonably access the Premises for any reason whatsoever including due to clauses 3 (a), (b) and (c) not being complied with. No refund will be provided if this clause applies.
3. Your Obligations and Risk
3.1 You acknowledge that you are solely liable for:
(a) ensuring that we have unimpeded access to the Premises in order to perform the Services on the agreed date;
(b) instructions regarding the deactivation/activation of any alarm systems;
(c) ensuring that any dogs at the Premises are adequately restrained while the Services are being performed;
(d) providing us with full detail of what areas you want cleaned;
(e) informing us of any areas which are not to be cleaned or require special cleaning instructs.
3.2 If you wish to cancel the Services, you must immediately notify us in writing or by email. You will not receive a refund for any cancellations made within 24 hours prior to scheduled start of the Services.
3.3 All future orders for Services must be made via the Website. You agree not to order any Services direct with our Cleaners. If any of our franchisees accept orders directly from a customer this may result in the termination of their contract with Clean Planet and the loss of Fees paid or payable to the Clean.
3.4 You agree not to request additional Services from our Cleaners while they are performing the Services for you without our prior approval.
4. Limitation of Liability
4.1 Subject to 6, we will not be liable for any direct or indirect loss or damage, including without limitation; economic loss, loss of profits or savings (or for any indirect or consequential loss or damage), however caused, arising out of or in connection with the supply of Services or for any inability to provide the Services or to continue to provide the Services, including without limitation as a result of the following:
(a) Fair wear and tear to the Premises arising from the normal provision of the Services;
(b) Unavailability of electricity and water (including a lack of hot water) or insufficient lighting;
(c) Interference by a third party;
(d) Inability to access the Premises due to not being provided with the correct keys and/or alarm codes or for some other reason beyond our Cleaner’s control;
(e) delays or termination of the Services due to any circumstances outside our control including as a result of weather conditions, traffic congestion, delay or cessation in the supply of materials we require to complete the Services, strikes, lockouts, war or violence or any other event outside our control;
(f) incorrect information supplied by you or your failure to comply with our Instructions.
4.2 Our liability in respect of all claims for loss, damage or injury arising from a breach of our obligations under these Terms or from any act or omission by us is limited in each case to the lesser of:
(a) resupply of the Services.
(b) payment of the reasonable cost of supplying the Services.
(c) the price of the affected Services.
4.3 All claims must be made in writing and are subject to verification or acceptance by us. No claim for any loss, damage or injury arising out of the supply of the goods or services by us, may be brought more than 48 hours after the date you become aware or reasonably ought to have been aware of the circumstances giving rise to the claim.
5. No Refunds
5.1 Subject to our obligations under the Consumer Guarantees Act 1993 or under law, you agree that there are no refunds of any amounts you have paid for the Services.
5.2 Complaints must be received in writing (including by email) within 48 hours of the service being completed.
5.3 If you are not satisfied with the Services provided and a complaint has been placed in the stated 48 hours after the Services have been completed, we reserve the right to return a cleaner to perform the Services again. You agree to allow the cleaner to be returned and to be at present at all times when the Services are re-performed.
6. Consumer Guarantees Act 1993
6.1 You agree that where the Goods or Services are being supplied for the purposes of the business that the Consumer Guarantees Act 1993 will not apply.
6.2 We the Consumer Guarantees Act 1993 applies nothing in these Terms shall be construed as an attempt to contract out of this Act.
7. Warranties
7.1 All statutory warranties, express or implied by us including without limitation the implied warranties of merchant ability and fitness for any particular purpose are expressly excluded (to the extent permitted by law).
8. Privacy Information
8.1 You agree that any information about you provided to us may be used by us at any time for any purposes connected with our business including but not limited to marketing and promotional purposes. Any personal information is held at 3 Cain Road, Penrose, Auckland and you have certain right of access to your personal information under the Privacy Act 1993.
9. Unsolicited Electronic Messages Act 2007
9.1 You consent to us sending you commercial emails from time to time. The email address for unsubscribing to commercial emails is customerservices@cleanplanet.co.nz
10. General
10.1 Any provision of these terms that is held to be invalid or unenforceable for any reason shall be severed from and shall not affect the remaining provisions of these terms.
10.2 You agree that these terms express the entire understanding between us and that there have been no representations made by or on behalf of us that have been relied upon by you that are not contained in these terms.