These terms and conditions constitute the full and complete service agreement (the “Agreement”) between you (the “Client”) and Mebarton Pty Ltd trading as Coldstream House for the provision of services provided by Coldstream House. Use of our services constitutes your acceptance of these terms and conditions.

Residential Cleaning Services

Subject to the terms of this Agreement, Coldstream House agrees to provide cleaning services to the customer at an address specified by the Customer (the “Premises”).

The Service will be for such cleaning duties as agreed with the Customer at the time of booking.

Coldstream House will provide one or more cleaners (the “Cleaner”) to attend the Premises to provide the Service at a time and date mutually agreed between Coldstream House and the Customer (the “Service Time”).

Coldstream House endeavors to provide the Service faithfully, diligently and in a timely and professional manner.

Commercial Laundry Services

Subject to the terms of this Agreement, Coldstream House agrees to provide wash, dry and/or fold services as agreed with the Customer at the time of booking.

Coldstream House shall provide the Service at a time and date mutually agreed between Coldstream House and the Customer (the “Service Time”).

Coldstream House endeavors to provide the Service faithfully, diligently and in a timely and professional manner.

Additions and Amendments

Any changes to the Service to be provided must be agreed by Coldstream House at least one business day prior to the Service Time.

If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact Coldstream House by email, who may agree to provide the additional services at its absolute discretion. The Cleaner is not authorised to agree to any changes to the Service being provided. The Customer must not request such changes directly from the Cleaner.

Customer Representations and Warranties - Cleaning Services

The Customer represents and warrants that:

It will provide a safe working environment at the Premises for the Cleaner to perform the Service;

The Cleaner will have unencumbered and unobstructed access to those areas of the Premises requiring the Service and access will be provided on site and in timely manner;

It will provide the Cleaner with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required by the Cleaner to provide the Service;

All cleaning equipment and materials provided by the Customer are safe, have not been tampered with and are in full working order;

It will advise Coldstream House prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, at the Premises;

It will label all laundry with property name/ address

It is authorised to use the Premises and obtain the provision of Service;

If the Customer requires the Cleaner to clean behind or under any heavy items (eg. a fridge, bookshelf, or other furniture), it will move those items prior to the commencement of the Service; and

It will secure or remove any fragile, delicate, breakable or valuable items, including cash, jewellry, works of art, antiques, or items of sentimental value prior to the commencement of the Service.

Health and Safety Risks

In addition to the obligations and warranties set out in ‘Customer Representations and Warranties’ clauses above, the Customer acknowledges and agrees that:

The Cleaner is entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk at the Premises;

The Cleaner may, either before or during the provision of the Service not use or cease using any materials or cleaning equipment provided by the Customer if the Cleaner thinks, in their absolute discretion, that the use of such materials or cleaning equipment poses a risk to health and safety.

The Cleaner 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 Cleaner, a risk to health and safety.

No Engagement of Cleaners

The Customer acknowledges Coldstream House invests significant resources in recruiting, selecting and training its Cleaners. Unless Coldstream House gives prior written permission, the Customer must not, directly or indirectly, engage, employ or contract with any Cleaner to provide any cleaning services to the Customer or any associate of the customer for any period during which services are provided by Coldstream House or for a period within 12 months after the conclusion of any Service.

The Customer acknowledges that Coldstream House may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Customer.

Job Estimates

The actual price payable by the Customer is calculated on the total number of hours worked by the Cleaner and/or by the quoted contracted time allocated at time of Contract signing.

Any price quoted by Coldstream House is an estimate only based on Coldstream House’s experience, and based on information provided by the Customer. Subject to this clause, quotes are valid for a period of 30 days from the date of the quote and may change with written notice.

If at the commencement or during the course of providing the Service, it is apparent that the actual cost of the Service will exceed the quote provided by Coldstream House, Coldstream House will provide the Customer with the option to pay an increased fee to complete the Service, or pay the quoted amount without the Service being completed.

Scheduling

The Customer may make a booking through the calendar provided or through an iCal exported from their listing

At the time of booking the Customer must provide details of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime located at the Premises;

Coldstream House reserves the right not to accept a booking for any reason.

Payment Terms

The Customer agrees to pay the price invoiced by Coldstream House within 14 days of invoice date

The Customer agrees to pay any cancellation fees or charges due set out in our ‘Cancellation Fees’ clauses.

GST

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

If GST is payable in respect of anything supplied to the Customer under this Agreement, then the amount which the Customer is obliged to pay for that supply (Original Amount) will (subject to the receipt of a valid tax invoice) be grossed up so that Coldstream House receives an amount which, after subtracting the GST liability of Coldstream House, results in Coldstream House retaining the Original Amount

Late Payment Fee

Where Coldstream House 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 14 days of the invoice date.

The Customer agrees that if Coldstream House has not received payment in full for the Service within one calendar month of the original invoice date then a late payment fee of $15 applies per month.

In addition to the amounts set out above, the Customer agrees to indemnify Coldstream House for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Coldstream House 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.

Non-appearance

If a Cleaner fails to attend the Premises within 1 hour of the Service Time and does not provide the requested Service, Coldstream House will provide the Customer at their discretion with either:

A full refund of payments made by the Customer; or

Reschedule the Service at another time mutually agreed between the Customer and Coldstream House.

Complaints & Refund Policy

If the Customer is dissatisfied for any reason with the Service provided, it must inform Coldstream House within 24 hours of completion of the Service.

Coldstream House Services strives to achieve 100% customer satisfaction and will endeavor to resolve the problem quickly and efficiently. Subject to our ‘Exclusions and Limitations’ Clause below, Coldstream House may, at its discretion, offer the Customer either of the following:

A partial or full refund;

Re-supply of the Service without charge;

Replace linen at the cost of standard items on the Coldstream House purchase list at the price listed for purchase (regardless of the brand or value of item);

Such other remedy as deemed appropriate by Coldstream House.

Exclusions and Limitations

The only conditions and warranties which are binding on Coldstream House in respect of the state, quality or condition of goods and services supplied by Coldstream House to Customers are those imposed and required to be binding by statute (including the Competition and Consumer Act 2010)

To the extent permitted by statute, the liability, if any, of Coldstream House is, at Coldstream House’s option, limited to and completely discharged by the resupply of the Service. Coldstream House is not responsible for:

Not completing or providing the Service as a result of a breach of a warranty by the Customer in our ‘Customer Representations and Warranties’ Clause (including a failure by the Customer to provide proper materials, cleaning equipment, utility services, a safe working environment or unencumbered access to the Premises); or

Any damages caused by defective cleaning materials or cleaning equipment provided by the Customer;

Any shrinkage or damage caused by heat or chemicals used in the washing or drying process.

Not completing or providing the Service as a result of the Cleaner not proceeding for health and safety reasons under our ‘Health and Safety Risk’ clause;

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 Coldstream House

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;

Existing dirt, wear, damage or stains that cannot be completely cleaned or removed;

Any wear or discolouring of fabric or surfaces becoming more visible once dirt has been removed;

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

The cost of any key replacement or locksmith fees, unless keys were lost by Coldstream House or the Cleaner.

The Customer acknowledges that the results of any services provided may vary depending on a number of factors (including materials used, equipment provided, time elapsed since Premises was last cleaned, and nature of cleaning required), and that Coldstream House gives no guarantee as to the actual results of the Service.

Except to the extent provided in this clause, Coldstream House 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 Coldstream House (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 Coldstream House).

Indemnity

The Customer indemnifies Coldstream House against:

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 our ‘Customer Representations and Warranties’ clause, or where the liability of Coldstream House is excluded or limited by virtue of the provisions of our ‘Exclustions and Limitations’ clause (whether the losses or liabilities are caused by the negligence, breach of contract, breach of statutory duty or other act, omission, breach or failure of Coldstream House) irrespective of whether the provisions of ‘Exclusions and Limitations’ clause are declared void or severed from these terms; and

All legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Coldstream House in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal) as a consequence of Coldstream House providing the services to the Customer and including any action taken for the recovery of the recovery of the debt from the Customer.

Accidents, Breakage, Damage & Theft

The Customer must inform Coldstream House of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Cleaner within 24 hours of completion of the Service.

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 Coldstream House within 24 hours of completion of the Service.

To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of Coldstream House under these terms and conditions: cash, jewelry, art, antiques, and items of sentimental value.

Cancellation Fees

The Customer must provide Coldstream House with at least one business day’s notice prior to the Service Time if they wish to suspend, postpone or cancel the Service for any reason.

In the event that such notice has been given, Coldstream House will endeavor to reschedule the Service if required.

In the event that the Customer does not provide one business day’s notice prior to the commencement of the Service, the Customer agrees to pay a cancellation fee equivalent to 2 hours cleaning (inclusive of GST) for administrative costs and loss.

Fee for Non-access to Premises

In the event that the Customer does not provide unencumbered access to the Premises for Coldstream House or its Cleaners to provide the Service, the Customer agrees to pay a cancellation fee equivalent to 2 hours cleaning (inclusive of GST).

Should a previous guest be late to depart, the Cleaner shall notify the Owner immediately on arrival and wait 30 minutes for guests to vacate the premises. This wait time will be included in the allocated cleaning time and should guests not depart within 20 minutes, the Cleaner may depart and a cancellation fee equivalent to 2 hours cleaning will be applied.

Termination

This Agreement may be terminated by the Customer by providing at least 1 weeks’ notice prior to the Service Time.

Subject to the below clause, Coldstream House may terminate this Agreement by providing the Customer with at least 1 weeks’ notice prior to the Service Time.

Coldstream House may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of Coldstream House, that breach is incapable of remedy.

Privacy Policy

The Customer acknowledges that any information provided by the Customer may be used by Coldstream House for the purpose of providing the Service. Simpo

Cleaning agrees not to share any information provided by the Customer with any third party not directly involved in the provision of the Service (unless required to do so by law).

The Customer agrees to Coldstream House communicating with them electronically and/or via other means in order to provide the Service or for reasons related to the provision of the Service.

Coldstream House will take all reasonable precautions to protect personal information provided by the Customer from loss, misuse, unauthorized access or disclosure, alteration or destruction.

Changes to this Agreement

Coldstream House reserves the right to update or modify these terms and conditions at any time with at least one week prior notice, via letter or email and may do so by publishing an updated agreement on its website. Each updated agreement will take effect 24 hours after it has been published on the website.

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 schedule, constitutes their agreement to follow and be bound by the terms and conditions as changed.

Law & Jurisdiction

The Customer and Coldstream House acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of New South Wales and both agree to submit to the exclusive jurisdiction of the courts of New South Wales in the event of any dispute.

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.