Terms and Conditions
Terms and Conditions of Service
By contracting with Raquel’s Home Services, you thereby agree to the following terms and conditions as part of the Service Agreement to receive services from Raquel’s Home Services and its agents:
Terms of Agreement
- Preliminary
1.i. Raquel’s Home Services Pty Ltd (A.B.N. 50 136 626 141) (“Raquel’s Home Services”) manages an online platform located at www.lismorecleaner.com.au
(the “Platform”) where clients (“Users”) can engage either Raquel’s Home Services (depending on availability), or another Business for cleaning services (“Cleaning Services”) by submitting a Request for Services form. Raquel’s Home Services then matches the most appropriate Business from its pool of Businesses to the Booking Request.
1.ii. The Business specializes in offering Cleaning Services.
1.iii. On some occasions when cleaners retained by Raquel’s Home Services are unavailable to perform a service which is requested by a User/client, Raquel’s Home Services does not directly provide the Cleaning Services but acts as an intermediary between the User and the Business. Therefore, Raquel’s Home Services can receive and confirm Users’ requests for Cleaning Services, issue invoices on behalf of the Business, and transmit payments to the Business.
AND THE PARTIES HEREBY AGREE:
1.iv. Access to and use of the Platform are subject to the terms and conditions stated in this agreement (the “Terms”).
2. Definitions and Interpretation
2.1. In these Terms (including the preamble), unless the context otherwise requires:
2.1.a. “Booking” refers to the reservation made by you on the Platform for Cleaning Services;
2.1.b. “Business” means a service provider that offers Cleaning Services and is registered with Raquel’s Home Services;
2.1.c. “Cleaning Fee” represents the fee (inclusive of applicable goods and service tax) for the Cleaning Services, calculated on an
hourly basis, as communicated by Raquel’s Home Services from time to time;
2.1.d. “Cleaning Agreement” signifies the agreement between you and a Business for the provision of Cleaning Services;
2.1.e. “Payment Amount” refers to the sum you are obligated to pay for the Cleaning Services under your Booking;
2.1.f. “Platform” refers to the website located at www.lismorecleaner.com.au, including any subdomains;
2.1.g. “Platform Content” encompasses all material, content, and information provided on the Platform, including but not limited to text,
graphics, images, photographs, logos, trademarks, audio material, video material, and any other forms of expression; “you”,
2.1.h. “Cleaning Service” means a cleaning service offered by Raquel’s Home Services, visible on our website at https://www.lismorecleaner.com.au/.
2.1.i. “Terms” refers to these terms and conditions governing your use of the Platform and the provision of Cleaning
Services; and
2.1.j. “your” indicates you as the user of the Platform.
- Terms and Conditions
3.i. Access to and use of this Platform is governed by these Terms.
3.ii. Raquel’s Home Services regularly reviews the Terms and reserves the right to modify the Terms, without prior notice to you, by updating this document. You should routinely review this document, as it appears on the Platform, as any revisions to the Terms become effective immediately upon publication on this document. Your continued use of the Platform after any such changes will be deemed as your acceptance of those changes.
4. Intellectual Property
4.i. The content on the site is safeguarded by copyright, and Raquel’s Home Services reserves all Intellectual Property Rights that may exist in the site content and/or the website.
4.ii. Upon accepting the Terms, you are provided with a non-exclusive license to:
(a) view the website;
(b) print pages from the website in their original format; and
(c) download any material from the website for caching purposes only.
4.iii. Without Raquel’s Home Services’ prior written consent, which may be withheld at its absolute discretion, you must not:
(a) copy, republish, reproduce, duplicate, or extract site content;
(b) redistribute, sell, rent, or license any site content; or
(c) edit, modify, or alter the site content.
5. Access and Use of the Platform
5.i. Access to and use of the Platform are subject to the terms and conditions stated in this agreement (the “Terms”).
5.ii. Raquel’s Home Services regularly reviews the Terms and reserves the right to modify the Terms, without prior notice to you, by updating this document. You should routinely review this document, as it appears on the Platform, as any revisions to the Terms become effective
immediately upon publication on this document. Your continued use of the Platform after any such changes will be deemed as your acceptance of those
changes.
5.iii. You acknowledge that any hyperlinks or other redirection mechanisms leading you to websites operated by third parties that appear on the Platform (“Third Party Sites”) are beyond the control of Raquel’s Home Services and are not part of the Platform. You agree not to hold Raquel’s
Home Services liable or accountable for any occurrences on any Third Party Site.
6. Acceptance
6.i. To utilize this Platform and make a Booking, you must first consent to the Terms.
6.ii. You agree to the Terms by:
6.ii.a. making a booking.
6.iii. Notwithstanding clause 6 and its subclauses 6.i, 6.ii, and 6.ii.a., you may not agree to the Terms or access the Platform if:
6.iii.a. you are not legally competent to enter into a binding contract with Raquel’s Home Services; or
6.iii.b. you are an individual prohibited from entering into contracts under applicable legislation.
6.iv. In such cases, you must promptly exit the Platform.
6.v. By accepting the Terms, you affirm that this constitutes clear and unambiguous evidence that the Terms are not
unconscionable, that there is no coercion, that no unfair bargaining position or power exists, and that you have meticulously read and comprehended the Terms.
6.vi. If you do not comprehend any aspect of the Terms, you should seek independent legal counsel.
7. Changes and Cancellations
7.i. You can cancel or modify a Booking, free of charge, up to 48 hours before the scheduled start time of the Cleaning Service.
7.ii. If you cancel or amend a Booking time or cancel a booking within 48 hours before the Cleaning Service is scheduled to begin, you will have
to pay cancellation costs equivalent to the value of the total booking fee.
7.iii. You are not permitted to cancel a Booking during the provision of the Services. You are permitted to modify a service upon the issuance and payment of an amended invoice reflecting the additional services which you may sought to have done.
7.iv. The Service Agreement terminates upon completion of the Cleaning Services specified in the Booking.
7.v. If the Cleaner is unable to fulfill a confirmed Booking (in full or part), Raquel’s Home Services will attempt to find you a replacement Cleaner.
If we cannot find you an alternative Cleaner, we will reschedule your Booking to a new time which suits you. If we cannot find a suitable time for you, you may cancel the Booking at no charge.
7.vi. Cleaning services may be adjusted during the course of a service, provided that a modified and amended invoice reflecting the additional
work or services requested by the client has been issued and duly paid. Should a substantial number of additional services be requested, an additional cleaner may be dispatched to the residence to ensure the timely completion of the tasks within the specified time-frame or business day. Minor add-on services may be undertaken by a single cleaner if it is determined that the workload remains manageable within the same business day.
8. Cleaning Services
8.i. Raquel’s Home Services operates the Platform as a third-party facilitator for the Cleaning Services and offers you the platform to purchase the Cleaning Services.
8.ii. Raquel’s Home Services is neither an agent nor a broker for you or the Business. You engage in any transaction with a Business
entirely at your own risk.
8.iii. Raquel’s Home Services makes every effort to monitor the Cleaning Services offered by a Business. However, Raquel’s Home Services
makes no representations regarding the safety, quality, condition, or description of any products used or Cleaning Services provided by a Business.
Any concerns regarding safety, quality, condition, or description should be communicated to Raquel’s Home Services, who will then forward the issue to the Business designated for your Booking.
8.iv. All bookings are subject to Business availability.
8.v. The Client acknowledges and agrees that without visual assessment by a cleaner and without visual documentation of the premises requiring
cleaning by way of provision of photos before a quote is given, an accurate quote cannot be provided, and may result in an inaccurate quotation being given, and thus, potential adjustments to the final charges are foreseeable, especially in the event of additional add-on services requested by the Client, beyond the scope of the initial service quoted. Therefore, any quote provided is an estimate only of the final figure of the charges due for services performed, and as such the financial figures provided in an initial quotation are not binding on Raquel’s Home Services and/or its agents.9. Business Ratings
9.i. By submitting a Rating, you grant Raquel’s Home Services free of charge, the usage rights to the Rating text without
territorial or time limitations.
9.ii. Raquel’s Home Services has the right to use the Rating in any manner it deems appropriate, including utilizing it for further rating
services, sharing it with third parties, or publishing it.
10. Notice required for requests to clean mould and for persons living in flood-affected areas:
10.i. If you live in a flood-affected residence please let us know. While we do clean general household mould such as bathroom moulds, we do not clean black mould. By engaging Raquel’s Home Services for cleaning services, the customer thereby agrees that they will not seek any cleaning services to clean black mould or black mould affected furniture, walls, foundations, or floors. Raquel’s Home Services reserves the right to cancel any job which may have been paid for which seeks the cleaners to clean houses from black mould affected areas, even after payment is made. Raquel’s Home Services will endeavour to refund the client in the event this occurs, after having subtracted the appropriate funds to compensate their cleaners for the time it took to come to the premises. By contracting with Raquel’s Home Services, the customer thereby agrees to waive their rights to a portion of the amount they paid for a service amounting up to the travel cost and time it took for the cleaner to come to the premises (in accordance with the Travel Fee clause contained within point 27 and its subpoints 27.i through to 27.i.g. within these Terms and Conditions and Service Agreement below), in the event a service is cancelled by Raquel’s Home Services due to black mould affecting the premises, and agrees to be refunded a partial amount for the service they paid minus any travel fees, after the traveling cleaner who traveled to the premises has been reimbursed for their time to come and attend the premises.
11. Requirement of client to notify Raquel’s Home Services of special needs and requirements in respect to which cleaning chemicals are to be used before the commencement of the service:
11.i. Raquel’s Home Services makes its best efforts to ensure that cleaning products and equipment used by Raquel’s Home Services are safe and environmentally friendly to use. However, if the customer has any specific requirements by way of cleaning chemicals or allergies to certain cleaning products or chemicals, it is their responsibility to inform us prior to the commencement of The Works.
12. Right for Raquel’s Home Services and it’s agents to use their own cleaning products in the event the customer fails to notify Raquel’s Home Services or its agents of specific requirements, needs or preferences when it comes to the cleaning chemicals that the customer wants used:
12.i. Raquel’s Home Services reserves the right to utilize any cleaning chemicals at its disposal or those preferred by its agents if the customer fails to specify their cleaning preferences to Raquel’s Home Services’ Principal prior to the commencement of services. The Works encompass a range of options including standard domestic cleaning with regular household products, eco-friendly cleaning with natural agents, and pet-friendly eco-cleaning solutions. Customers are encouraged to communicate any special requirements regarding chemical usage, essential oils, or cleaning agents. By engaging our services, customers acknowledge and agree to these terms.
13. Termination
13.i. Raquel’s Home Services may, at its discretion, terminate your use of, or access to, the Platform at any time. In such cases, we may notify you via email. If your access to the Platform is terminated:
13.ii. you are no longer authorized to access the Platform or use any other Raquel’s Home Services services with the email address used for Platform registration or any other email address you possess;
13.iii. you will continue to be bound by all restrictions imposed on you by the Terms; and
13.iv. all licenses granted by you and all disclaimers by Raquel’s Home Services and limitations of Raquel’s Home Services’s liability set out in the Terms or elsewhere on the Platform will survive termination.
14. Dispute Resolution Policy
14.i. Raquel’s Home Services will make reasonable efforts to mediate any dispute concerning the use of the Platform.
14.ii. Disputes related to the Cleaning Services provided by a Business or any other matter will be referred, where appropriate, to external
dispute resolution services or authorities.
15. Indemnity and Liability
15.i. You agree to indemnify Raquel’s Home Services, upon request, against any claim, action, damage, loss, liability, cost, charge, expense, or
payment that Raquel’s Home Services may pay, suffer, incur, or be liable for due to any act you perform or cause to be performed in violation of the Terms.
15.ii. You agree to indemnify Raquel’s Home Services and you agree that Raquel’s Home Services will be held harmless and will not be liable to you in contract, tort, or equity for any direct, indirect, or consequential loss you incur concerning the contents, use, or reliance on Platform Content or otherwise in connection with the Platform.
15.iii. To the maximum extent permitted by law, Raquel’s Home Services will not be liable and will be excluded from all liability for any loss or damage (including personal injury, loss of life, and property damage) that you or another person may suffer in connection with the offer or provision of (or failure to provide) the Cleaning Services. Clients of Raquel’s Home Services agree to indemnify Raquel’s Home Services and its agents against any liability or loss incurred as a result of, or during the undertaking of a service for the client by Raquel’s Home Services and its agents.
15.iv. Information accuracy: You acknowledge and agree that some of the Platform Content may be provided through blogs or comments made by other Platform users (i.e., Ratings), and that Raquel’s Home Services assumes no liability for the accuracy of such information or your reliance on it. Platform
Content is provided to you as general information only and is not intended to replace the advice of a duly qualified professional (where applicable).
16. By using this Platform, you agree and accept that the indemnification and liability limitations provided in this clause 15 and its subclauses 15.i.
through to 15.v. above are reasonable, and you accept those terms.
- Warranties and Representations
17.i. Use of this Platform is at your own risk. Platform Content and everything from the Platform are provided to you on an “as is” and
“as available” basis without warranty or condition of any kind.
17.ii. None of Raquel’s Home Services’s affiliates, directors, officers, employees, agents, contributors, third-party content
providers, or licensors make any express or implied representations or warranties regarding Platform Content or the Platform. - Non-refundable deposit to secure booking:.
18.i. By engaging Raquel’s Home Services for cleaning services (hereinto referred to as: “The Works”; “cleaning services”; “services”, and “service”), the customer consents to pay a non refundable deposit of $150.00 to secure bookings for bond cleaning services / end-of-lease cleaning services which is payable and due immediately upon agreement to contract for services in order to secure a booking for bond cleaning / end-of-lease cleaning services. - Payment due on completion of services performed for work charged at an hourly rate:
19.i. Payment for services rendered by Raquel’s Home Services is due upon completion of The Works (bond cleaning / end-of-lease cleaning services excluded), unless otherwise agreed upon in writing by both parties. Failure to make timely payments may result in late fees or suspension of services. - Payment of full amount due for bond cleaning jobs before service commences:
20.i. For bond cleaning / end-of-lease cleaning services, on or before the commencement of The Works the client agrees to pay the outstanding amount due for a bond clean service, for security reasons in order to ensure that our cleaners will be paid when The Works are completed. Raquel’s Home Services guarantees that a cleaner will turn up to the address provided for a bond clean / end-of-lease clean service upon payment of the full amount due for the service, and that Raquel’s Home Services’ end-of-lease cleaning checklist will be completed to a satisfactory standard to Raquel’s Home Services’ Principal before the cleaners are paid for The Works. - Booking cancellation upon failure to pay outstanding amount to commence work for Bond cleaning / End-of-lease cleaning jobs:
21.i. In the event the client fails to pay the outstanding amount due for a booked bond cleaning / end-of-lease cleaning service before the commencement of The Works, the client agrees that in such circumstances that Raquel’s Home Services has the right to cancel their booking and that in such circumstances the client agrees to waive their rights to any deposit paid for bond cleaning / end-of-lease cleaning services to Raquel’s Home Services. - Agreement to give notice of standard of work performed upon services being rendered:
22.i. By engaging Raquel’s Home Services for cleaning services, the customer thereby agrees to inform Raquel’s Home Services principal or its agents upon completion of The Works whether The Works completed was completed to a satisfactory standard.
22.i.a. If notice is given by the customer to Raquel’s Home Services principal or its agents that The Works completed by Raquel’s Home Services principal or its agents was work that was completed to a satisfactory standard to the customer, the customer thereby agrees that they did not experience a major flaw with the product or service that they received from Raquel’s Home Services.
22.i.b In the event either the customer or Real Estate agent notifies Raquel’s Home Services that The Works were not completed to a satisfactory standard, Raquel’s Home Services guarantees that the same cleaner will return to the provided address to address any items marked as unaddressed on a Real Estate agent’s end-of-lease outgoing property inspection report for bond cleaning/end-of-lease cleaning services. Raquel’s Home Services reserves the right to send a cleaner back to the provided address free of charge for cleaning services charged at an hourly rate in order to rectify any issues which the customer had with the service received, in the event the customer provides sufficient evidence that the service received did not match the description of the service offered on Raquel’s Home Services’ website.
22.i.c. Upon failure to inform Raquel’s Home Services of any issues with the services received by the customer rendered by Raquel’s Home Services or it’s agents, the customer thereby agrees that they did not have any issues with the cleaning services they received. - Raquel’s Home Services’ Guarantees
23.i Guarantee for services performed at an hourly rate: Raquel’s Home Services promises a hassle-free experience. If we feel our cleaners did not meet our standards for cleaning services, and you can provide us with photos or videos sufficiently showcasing the issues you may have had with the services you received from us, we will send a cleaner back to the address you provided free of charge in order to properly complete the work!
23.ii. Bond cleaning Guarantee: If the real estate agent raises any items on their outgoing property inspection report that are missed from our
end-of-lease cleaning checklist upon the completion of a bond cleaning/end-of-lease cleaning service performed by Raquel’s Home
Services for empty households; or, if the real estate agent has raised any issues with you regarding items that are from our end-of-lease
cleaning checklist on the real estate agent’s outgoing property inspection report, which Raquel’s Home Services did not complete to a
satisfactory standard to the real estate agent, the same cleaner will swiftly return to the provided address to rectify the issues. However,
please note that this guarantee does not cover the garden area, outside areas (such as garage, shed, verandah, patio, decks, outside entertainment areas, front porches and gardens), fumigation of carpets or households, removing insect infestations or hives, cleaning filters of air conditioners, replacing gas canisters, full wall washing, blind cleaning, cleaning behind water heating tanks, cleaning behind washing machines and dryers, cleaning filters of range covers and grease traps, cleaning dishwasher filters, cleaning off oil slicks on concrete, cleaning the inside of council garbage bins, cleaning other household exhausts and vents, and our bond cleaning guarantee only covers up to 2 windows per room, as houses with a large amount of windows will require organising an extra deep cleaner to clean. In the event your property has an extra window or two, we will endeavour to clean it without extra cost. We appreciate your understanding in this. - General Provisions
24.i. Any provision of, or the application of any provision of, these Terms that is prohibited in any jurisdiction is only ineffective in
that jurisdiction to the extent of that prohibition.
24.ii. Any provision of, or the application of any provision of, these Terms that is void, illegal, or unenforceable in any jurisdiction
does not affect the validity, legality, or enforceability of that provision in any other jurisdiction or of the remaining provisions in
that or any other jurisdiction.
24.iii. If a clause is void, illegal, or unenforceable but can be made valid or enforceable if part of it is deleted, that clause operates
to the maximum extent possible with the deletion of the offending part, and the remaining provisions of these Terms remain in full force and
effect.
24.iv. These Terms are governed by and must be construed according to the laws of New South Wales, Australia. You submit to the non-exclusive
jurisdiction of the courts of that State.25.0 Refunds
25.i. If the client is entitled to a refund, as per the Terms and Conditions, Raquel’s Home Services will process the refund within 48 hours of the right to
the refund arising.
26.0. Right to reschedule appointments due to extreme weather conditions, equipment failure or emergencies:
26.i. Raquel’s Home Services reserves the right to reschedule or cancel services due to unforeseen circumstances such as extreme weather conditions, equipment failure, or other emergencies. In such cases, every effort will be made to notify the customer as soon as possible.
- Travel Fee:
27.i. Raquel’s Home Services reserves the right to charge up to 1 hour of the base professional service rate as a call-out and return travel fee for any cleaning service booked (charged at the basic hourly rate of the cleaning service offered), herein referred to as “The Works”. This fee may vary based on the proximity of the client’s residence to the nearest available cleaner. In cases where a cleaner closer to the client’s location is available, a reduced call-out rate may be applied. The purpose of this fee is to cover the travel expenses incurred by our cleaners in attending a residence for The Works.
27.i.a. Agreement: The client acknowledges and agrees that a travel fee may be applied to their booking based on the allocation of the nearest available cleaner.
27.i.b. Notification: Raquel’s Home Services will notify the client in advance regarding the application and amount of the travel fee for their booking.
27.i.c. Consent: By booking The Works with Raquel’s Home Services, the client consents to the potential application of the travel fee based on the allocation of the nearest available cleaner.
27.i.d. Payment: The travel fee, if applicable, will be added to the total cost of The Works and must be paid in full along with the cleaning service fee.
27.i.e. Cancellation: If the client wishes to cancel their booking due to the application of the travel fee, Raquel’s Home Services reserves the right to enforce the standard cancellation policy outlined in these terms and conditions.
27.i.f. Discretion: Raquel’s Home Services retains the discretion to waive or adjust the travel fee under exceptional circumstances or at its sole discretion.
27.i.g. Acknowledgement: By booking The Works with Raquel’s Home Services, the client acknowledges that they have read, understood, and agreed to abide by these terms and conditions regarding the potential application of the travel fee. - Last Minute Booking Fee:
28.i. By booking our cleaning services, you agree to the following terms and conditions: A last-minute booking fee of $100 will apply for bond cleaning/end of lease cleaning services if the booking is made with less than 72 hours notice before the scheduled cleaning date. This fee is non-negotiable and will be added to the total cost of the cleaning service. We encourage our customers to schedule their cleaning appointments in advance to avoid this fee.
28.i.a. Agreement: The client acknowledges and agrees to the last-minute booking fee policy outlined above.
28.i.b. Payment: The last-minute booking fee will be added to the total cost of the cleaning service and must be paid in full along with the cleaning service fee.
28.i.c. Consent: By booking our cleaning services, the client consents to the application of the last-minute booking fee if the booking is made with less than 72 hours notice before the scheduled cleaning date.
28.i.d. Notification: We will notify the client in advance if the last-minute booking fee applies to their booking.
28.i.e. Cancellation: If the client wishes to cancel their booking due to the application of the last-minute booking fee, Raquel’s Home Services reserves the right to enforce the standard cancellation policy outlined in these terms and conditions
28.i.f.. Discretion: Raquel’s Home Services retains the discretion to waive the last-minute booking fee under exceptional circumstances or at its sole discretion.
28.i.g. Acknowledgement: By booking our cleaning services, the client acknowledges that they have read, understood, and agreed to abide by these terms and conditions regarding the last-minute booking fee. - Usual Service Hours and Loading Surcharges for services booked outside of Standard Business Hours
29.i. By booking our cleaning services, you agree to the following terms and conditions:
29.i.a. Service Hours: The standard service hours for Raquel’s Home Services are from 8:00 am to 8:00 pm, Monday to Sunday. Raquel’s Home Services is able to provide services to clients outside of these normal hours, but at an additional rate.
29.i.b. Loading Charges: Services sought outside the standard service hours will incur a loading charge of 1.5 times the usual hourly rate charged for the service. This loading charge also applies all day on Saturdays and Sundays for standard services charged at an hourly rate, and on Sundays for our bond cleaning/end-of-lease cleaning services (Bookings made on Saturdays for bond cleaning / end-of-lease cleaning will be charged at the standard rates visible on our pricing page). Raquel’s Home Services reserves the right to revoke the loading surcharges in the event a cleaner only has availability for a weekend booking and the client seeks to make a booking during business hours in the working week between Monday to Friday.
29.i.c.. Contractual Agreement: By engaging Raquel’s Home Services for cleaning services outside of the standard service hours, the client agrees to pay the loading charges as outlined above.
29.i.d. Calculation of Charges: Loading charges will be calculated based on the total hours of service provided outside of the
standard service hours, including Saturdays and Sundays.
29.i.e. Payment Terms: Loading charges will be added to the total invoice amount and are due for payment upon receipt of the invoice.
29.i.f. Notification Requirement: Clients must notify Raquel’s Home Services in advance if they require cleaning services
outside of the standard service hours to ensure availability and to facilitate scheduling.
29.i.g. Dispute Resolution: Any disputes regarding loading charges or service hours shall be resolved in accordance with the
dispute resolution procedures outlined in the main service agreement between the client and Raquel’s Home Services.
29.i.h. Modification of Terms: These terms and conditions may be modified or amended by Raquel’s Home Services at its discretion.
Any changes will be communicated to clients in writing or via electronic communication.
30. Invoicing Procedure
30.1. Raquel’s Home Services, on behalf of the Cleaner, will issue you and/or the client with a tax invoice upon completion of the cleaning services if a
written invoice is requested by you or the client, or before the services commence for bond cleaning / end of lease cleaning services if a written invoice is
requested by you or the client, as well as in the event that additional services are requested then an additional or amended invoice will be prepared and
issued to the client. Please note that unless specifically requested by you or the client, a written invoice may not be provided by the company. By engaging
our services, you agree to these terms as necessary conditions for the provision of services by Raquel’s Home Services and/or its agents.
31. In these Terms, unless the context otherwise requires:
31.1. Headings are for convenience only and do not impact their interpretation or construction; the singular includes the plural and vice versa; references
to recitals, clauses, subclauses, paragraphs, annexures, or schedules are references to recitals, clauses, subclauses, paragraphs, annexures, and schedules
of or to these Terms; words indicating a gender include other genders; the term “person” designates a natural person and any association, body, or entity,
whether incorporated or not; where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase holds a
related meaning; a reference to any statute, proclamation, rule, code, regulation, or ordinance includes any amendment, consolidation, modification, re-
enactment, or reprint of it or any statute, proclamation, rule, code, regulation, or ordinance replacing it; all monetary amounts are in Australian dollars; a
reference to time pertains to Eastern Standard Time; “includes” does not imply limitation; no rule of construction applies to the detriment of a party
because these Terms are created by (or on behalf of) that party; a reference to any thing includes the entire thing and each part of it; a reference to a group
of persons encompasses all of them collectively and each of them individually; and a reference to a document includes all amendments or supplements to,
or replacements or novations of, that document.
- Right to amend Terms and Conditions reserved:
32.i. Raquel’s Home Services reserves the right to amend these terms and conditions at any time. Any changes will be communicated to the customer in
writing if they occur during Works, otherwise they will be posted on our website and will take effect immediately without written notice being required to be
sent.
- Excessive Soiling Surcharge and Right to Refusal of Service
33.i The Company reserves the right to refuse any cleaning job requested if it determines that the property exhibits excessive soiling. Excessive soiling is
defined as the presence of heavy oil, cake, grease, cockroach filth, or mold within a bond cleaning job.
33.ii In the event that a cleaning job is refused due to excessive soiling, the Company will issue a refund to the client immediately.
33.iii A surcharge of $65 applies to rooms heavily soiled by substances such as mould (excluding black mould), large amounts of oil, grease, flood mud,
insect filth, and cockroach filth. This surcharge does not cover additional costs for services such as full wall washing, blind cleaning, door scuff removal, or
other optional add-on deep cleaning services available for standard domestic cleaning, green cleaning, NDIS cleaning, or bond cleaning/end of lease
cleaning services.
33.iv The client agrees that Raquel’s Home Services reserves the right to charge an additional surcharge of $65 per room in the event the cleaner assesses
that a premises which a cleaner contracted by Raquel’s Home Services is servicing is affected by heavy soiling, and to send out an amended invoice
reflecting the same in the event a cleaner does assess that the Heavy Soiling surcharge should be added to an invoice with photographs that show the
same.
- Flooding or Heavy Black Mold
34.i. In the event that a customer fails to notify Raquel’s Home Services of a cleaning service affected by flooding or heavy black mold, Raquel’s Home
Services reserves the right to cancel the job.
34.ii. In such cases, Raquel’s Home Services will keep the deposit paid for the job, regardless of the type of cleaning service (including bond cleaning jobs,
regular domestic cleaning jobs, deep cleaning jobs, green cleaning jobs, commercial cleaning jobs, AirBnB cleaning jobs, and NDIS cleaning jobs).
34.iii.This deposit retention is to cover the time spent by the cleaner in traveling to and from the premises, as well as any associated administrative costs.
34.iv. Customers are responsible for ensuring that any cleaning service requested is not affected by flooding or heavy black mold, and failure to do so may
result in the cancellation of the job and forfeiture of the deposit.
35. High Area Cleaning Disclaimer: Clients of Raquel’s Home Services acknowledge and agree that our cleaners are not responsible for cleaning any high
areas that are out of reach without the aid of additional equipment, in compliance with Occupational Health & Safety (OH&S) regulations. Such high areas
include, but are not limited to, the tops of high cupboards, high fridges, high mirrors, and the upper portions of walls exceeding six feet in height. If the client
wishes to have these areas cleaned, they must provide a small step ladder not exceeding 4 steps at their own expense. By agreeing to our terms and
conditions, the client disclaims Raquel’s Home Services from any liability or responsibility for cleaning these high areas unless the specified equipment is
provided by the client at their own cost.
36. Conditions upon Requests for Services: By requesting services from Raquel’s Home Services, the client agrees to abide by the following terms and
conditions.
36.1 Liability Acknowledgment: The client acknowledges and agrees to the following terms regarding liability:
36.1.a. The subcontractor assumes full liability for any loss, damage, or injury that may arise directly or indirectly from their performance of duties.
36.1.b. Raquel’s Home Services shall not be vicariously liable for any actions or omissions of the subcontractor or their representatives.
36.1.c. The client understands that any liability imposed on Raquel’s Home Services due to the subcontractor’s actions shall be considered as if
directly imposed on the subcontractor, and the subcontractor shall bear such liability accordingly.
36.2. Liability for Damages: The client agrees that the subcontractor sent to perform the service by Raquel’s Home Services at the client’s
chosen premises assume full liability for any damages caused to clients and/or client property during the execution of contracted cleaning
services. The client shall indemnify and hold harmless Raquel’s Home Services from any claims, losses, damages, or expenses arising out of
such damages or losses caused by a Subcontractor sent to the client’s premises to perform any services. To the extent permitted by law,
Raquel’s Home Services will not be responsible and will be excluded from all liability, for any loss or damage whatsoever (including personal
injury, loss of life and damage to property) that you or another person may suffer in connection with the offer or supply of (or default in
supplying) the Cleaning Services.
36.3. Indemnification: The client agrees to indemnify and hold harmless Raquel’s Home Services from any claims, demands, suits, or actions arising out
of or related to the subcontractor’s work under the service agreement. In the event of a client complaint regarding the quality of work performed, the client
agrees to indemnify and hold Raquel’s Home Services and it’s Principal harmless against any claims for losses or damages arising from the actions or
inactions of the Subcontractor in performing a service for the client, and the client agrees to indemnify and hold harmless Raquel’s Home Services from
any claims, demands, suits, or actions arising out of or related to the subcontractor’s work under the service agreement.
36.4. Insurance: The client acknowledges that the cleaner is responsible to maintain their own adequate insurance coverages, including public liability
insurance, to cover any potential liabilities arising from their work.
36.5 Severability and Enforceability: The client agrees that:
36.5.(a) Any provision of, or the application of any provision of, these Terms that is void, illegal, or unenforceable in any jurisdiction does not affect the
validity, legality, or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
36.5.(b) If a clause is void, illegal, or unenforceable but can be made valid or enforceable if part of it is deleted, that clause operates to the maximum
extent possible with the deletion of the offending part, and the remaining provisions of these Terms remain in full force and effect.
36.5.(c) Any provision of, or the application of any provision of, these Contact clauses and/or terms that are prohibited in any jurisdiction are only
ineffective in that jurisdiction to the extent of that prohibition.
36.5.(d) If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to
the fullest extent permitted by law.
36.5.(e) If any provision of this clause is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
36.5.(f) In the event any clause or part of a clause, provision, part of a provision, or part of the provision of the contract is deemed to be invalid or
unenforceable, the contract clause is to be construed to the next most valid or enforceable construction of a clause, provision, or part or a clause or
provision.
36.5.(g) If any provision or part thereof in these Terms and Conditions are deemed invalid or unenforceable, the parties (the client and Raquel’s Home
Services) agree that such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of the Terms and
Conditions. In such cases, the parties agree to negotiate in good faith to replace the invalid or unenforceable provision with a valid and enforceable
provision that most closely achieves the intended economic and legal effect of the invalid or unenforceable provision.
36.6. Jurisdiction: These contract clauses and terms are governed by and must be construed according to the laws of New South Wales, Australia.
The client agrees to submit to the non-exclusive jurisdiction of the courts of that State.
36.7. Execution: By requesting services from Raquel’s Home Services, the client agrees to be bound by these terms and conditions. This agreement shall
be binding upon the client and their respective successors, assigns, and legal representatives.
37.Stain and Damage Disclaimer:
37.1 Clients of Raquel’s Home Services acknowledge and agree that the removal of stains, including but not limited to mould damage, water damage,
bubbling, paint peeling or coming loose, and items coming loose on walls, tiles, and porcelain surfaces such as toilets, baths, and showers, is not
guaranteed. Raquel’s Home Services makes no guarantees regarding the removal of such stains. By requesting our services, the client understands,
acknowledges, and accepts that our cleaning service do not constitute revitalizing or renewing the home. Additionally, Raquel’s Home Services does not
take responsibility for pre-existing damage to these items, nor for any damage caused during the cleaning process while attempting to clean a damaged
item at the client’s request.
38. Delegation of Tasks:
38.1 In instances where an additional cleaner is dispatched to perform tasks such as full wall washing, blind cleaning, and door cleaning, the responsibility
for spot cleaning of walls, doors, and blinds in each room shall be assigned to the second additional cleaner, following the issuance and acknowledgment
of an amended invoice outlining the scope of the required additional services and the subsequent payment thereof.
39. Add-On Services:
39.1 Supplementary services to bond cleaning and standard domestic cleaning encompass Deep Cleaning Services, including full wall washing, blind
cleaning, and additional room cleaning (e.g., living areas, sunrooms, outdoor entertainment areas, patios, porches, verandahs, garages, sheds, and
gardens), which fall outside the purview of a standard house clean as outlined in our bond cleaning quote. Raquel’s Home Services does not provide
assurances regarding the duration required for a cleaner to complete full wall washing and blind cleaning services, as this varies based on the extent of
dirt and stains present. Furthermore, Raquel’s Home Services does not guarantee the removal of stains, scuffs, and marks from walls, doors, blinds, and
other surfaces in cases where deep cleaning services are requested. The client acknowledges that the efficacy of these services varies depending on
factors such as the extent of dirt and stains present, and that these additional services are subject to separate pricing being charged at our deep cleaning
services rate of $80.00 per hour with a minimum booking fee of 3 hours, and may not completely remove of all stains, scuffs, and marks from surfaces.
40. Exclusions from Bond Cleaning:
40.1 Bond cleaning solely encompasses the cleaning of interior rooms within a house as standard and excludes outdoor areas, gardens, garages, front
porches, verandahs, patios, outdoor entertainment areas, decks, or sheds, which constitute optional extra services that may be appended to bond cleaning
services upon client request.
41. Timing of Additional Services:
41.1 Should additional services be solicited within 48 hours of the original service, Raquel’s Home Services does not guarantee that such services will be
performed on the same day as the original service.
42. Spot Cleaning Limitation:
42.1 Spot cleaning included in our regular domestic cleaning service, green cleaning service, and bond cleaning service is limited to 30 minutes per room.
Any spot cleaning exceeding this time allocation will necessitate the involvement of a Deep cleaner.
43. Costs of Recovery: The debtor/s shall pay for all costs actually incurred by Raquel’s Home Services in the recovery of any monies owed under this
Agreement. You agree to be liable for and indemnify Raquel’s Home Services. These costs include recovery agent costs, repossession costs, location
search costs, process server costs and solicitor costs on a solicitor/client basis, debt collection commission and legal fees on an indemnity basis.
44. Outstanding Payment and Legal Costs:
44.1 In the event that the client fails to pay any outstanding amount due for services performed by Raquel’s Home Services which may be invoiced to a client
upon failure of payment of an outstanding invoice and upon notice of Raquel’s Home Services to the client to pay the outstanding invoice for services
performed by Raquel’s Home Services and/or its agents, the client agrees to bear all legal costs incurred by Raquel’s Home Services in any legal proceedings
and/or NCAT proceedings and/or Mediations and/or Alternative Dispute Resolutions and/or Arbitrations done by third party arbitrators, including but not
limited to filing fees, representation fees, court costs, mediation fees, NCAT filing fees, NCAT fees, alternative dispute resolution fees and arbitration fees.
These legal costs shall be in addition to the outstanding amount owed by the client and shall be payable upon demand by Raquel’s Home Services. Failure to
reimburse Raquel’s Home Services for such legal costs may result in further legal action to recover said costs.
45. Acceptance of Privacy Policy
45.1 By engaging the services of Raquel’s Home Services, you, as the client, agree to adhere to the company’s privacy policy. This policy outlines the
collection, use, and protection of personal information obtained from clients. You understand that your personal information will be handled in accordance
with the provisions outlined in the privacy policy. By continuing to use the services provided by Raquel’s Home Services, you acknowledge that you have
read, understood, and agreed to the terms outlined in the company’s privacy policy visible at https://www.lismorecleaner.com.au/privacy-policy/
46. Acceptance and Acknowledgment: The client acknowledges and agrees that:
46.a. They have read, understood, and fully accept all terms and conditions outlined herein.
46.b. There is clear and unambiguous evidence of the aforementioned points, and they were not coerced into agreement.
46.c. The terms and conditions are entirely conscionable and fair, with no unconscionable clauses or unfair bargaining positions.
46.d. The client agrees that there is no unreasonable disadvantage or coercion in accepting these terms.
47. Acceptance of Terms: By accessing or using this website (the “Site”), you (the “User”) agree to comply with and be bound by these Terms of Use (the
“Terms”). If you do not agree to these Terms, you must immediately cease all use of the Site. Your continued use of the Site signifies your acceptance of
these Terms and any changes thereto.
48. Disclaimer of Warranties and Limitation of Liability:
48.1 Limitation of Warranties as to content, materials and information, products, services: The content, materials, information, products, and services
included on or available through this Site (collectively, the “Content”) are provided “as is” and “as available” without warranties or guarantees of any kind
notwithstanding those outlined above in points 23.i and 23.ii of these Terms and Conditions of Service, either express or implied, including but not limited
to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
48.2 No Guarantee of Accuracy: The Company does not warrant that the Content is accurate, complete, reliable, current, or error-free. The User assumes all
responsibility for the use of or reliance on any Content provided on the Site.
48.3 Limitation of Liability: In no event shall the Company, its affiliates, or their respective officers, directors, employees, agents, licensors, or service
providers be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your access to, use of, or
inability to use the Site or any Content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not the
Company has been advised of the possibility of such damages.
48.4 Indemnification: You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees,
agents, subcontractors, volunteers, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses,
costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but
not limited to, your User Contributions, any use of the Site’s Content, services, and products other than as expressly authorized in these Terms, or your use
of any information obtained from the Site.
49. Consent to Agreement
49.a. By accepting these Terms, you confirm that you have read and understood these Terms and Conditions of Service, and that you agree to be bound
by them. If you do not accept these Terms and Conditions of Service, you must cease using the Platform immediately. The terms must be accepted before
any service is rendered by Raquel’s Home Services or it’s agents for the client, and payment of the full amount will be construed and regarded as
acceptance of the terms and conditions listed here on https://www.lismorecleaner.com.au as necessary terms and conditions before the provision of any
services by Raquel’s Home Services and/or it’s agent to the client.
49.b. These Terms constitute the entire agreement between you and Raquel’s Home Services concerning the Platform and the
Cleaning Services and supercede all prior understandings and agreements concerning the same.
49.c. By engaging Raquel’s Home Services and it’s agents for services, or by booking a service with Raquel’s Home Services using it’s online booking request
form (A.K.A. “Request a Service” form and “Request an NDIS Service” form”) you acknowledge that you have read, understood, and agreed to these terms
and conditions and service agreement. If you have any questions or concerns, please do not hesitate to contact us.
End of Agreement