Welcome to www.waikatocleaning.co.nz (the 'site'), a website hosted and operated by Waikato Cleaning Services Limited.
Waikato Cleaning Services Limited disclaims and excludes all liability for any claim, loss, demand or damages of any kind whatsoever (including for negligence) arising out of or in connection with the use of either this website or the information, content or materials included on this site or on any website we link to.
Waikato Cleaning Services Limited makes no warranty or representation, express or implied, as to continuity of service. It reserves the right to suspend, terminate or otherwise alter access to some or all of the site's services at any time and without notice.
We do not claim to own your copyright material. You do, however, grant Waikato Cleaning Services Limited a non-exclusive, royalty-free and irrevocable licence to:
If your contributions to the site include material in which copyright or other intellectual property is owned by a third party, you warrant that you have the right to use that material and to grant the licence referred to in, and on the terms of, the clause above.
1. Waikato Cleaning Services Limited or our agents, contractors, franchisees, licensees, independent contractors (“we, us, our, provider”) agree to provide to the Client (“you, customer”) all labour, materials and equipment necessary for the general cleaning in accordance with the terms of this agreement and any Cleaning Guideline (“Cleaning Guideline”) provided to you (“Services”).
2. The term of this agreement shall commence on the date specified in the Cleaning Schedule (“Schedule”) or the date cleaning to commence (“Commencement Date”) and will end on the expiry of the term specified in the Cleaning Schedule, Subject to clause 20, unless we otherwise agree in writing, or 12 months from the Commencement Date for ongoing services. The Client has agreed to commence with service prior in writing. This contract cannot be cancelled after the Client accepts the Proposal and during the waiting period before the Commencement Date. If the Client has requested a one-off Service or any other terms agreed in writing by both parties then the terms only applies during the period the Provider will provide such Services.
3. Unless otherwise agreed in writing, if the Provider performs the Services after the expiry of the term, the term shall be automatically renewed 90 days at a time and otherwise on the same terms and conditions terminable only by 90 days’ written notice by either party to the other.
4. The Client cannot cancel or reduce the level of service required under the applicable Terms of Trade through no fault and/or no poor performance by us.
5. If the Client wishes to change a cleaning day or time, the Provider requires a minimum of 24 hours written notice to allow the Provider time to reschedule their cleaner(s). The Provider will do their best to accommodate the Clients request; however, any such changes are subject to the Providers availability.
6. The Client agrees to provide the Provider with sufficient parking, access to the premises, running water, electricity, and lighting at the premises to allow the Provider to perform the Services. If the Clients fail to provide the Provider with one or more of these and the Provider cannot reasonably perform the Services for any day(s), the Client agree to pay the full price of the Services for that day(s).
7. The Client gives the Provider the right to enter into the Client's premises (included leased premises) without the need for the Provider to give the Client any notice.
8. The Client agrees and acknowledges that all supplies of goods and services supplied by the Provider acquired for the Client's business purposes and accordingly the provisions of the Consumer Guarantees Act 1993 will not apply as between the Client and the Provider.
9. The Client agrees to give the Provider not less than 14 days’ prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s Information (“Client Information”) (including but not limited to changes in the Client’s name, address, contact phone or fax number/s, emergency evacuation points and procedures, site hazards, or business practice). The Client shall be liable for any loss incurred by us as a result of the Client’s failure to comply with this clause.
10. Use of this account and engaging the Provider shall constitute acceptance of these Terms and Conditions/Terms of Trade of Service and Supply notwithstanding that the application has not been completed and/or signed by or on behalf of the Client.
11. Unless stipulated otherwise in the Cleaning Schedule or the Cleaning Guideline:
a. the Provider will not provide the Services on any cleaning days that fall on a public holiday or during the Clients or the Providers annual shut down period. We have taken such into account when pricing;
b. the provision of additional services, any additional supplies and hygiene consumables, such as paper towels, toilet tissue, hand soap cartridges, hygiene bin refills are not included in the Services or the price and will be invoiced separately.
12. If applicable, before initiating the Providers Services, the Provider may provide the Client with a Proposal (“Cleaning Proposal, Estimate, Quote”). This will include the Cleaning Guidelines which describes the scheduled cleaning routines. The Cleaning Guidelines may change as per changes with the Clients environments/site. Additionally, the Proposal may include the Pricing (“Quote, Estimate, Cleaning Price”). Any marketing materials, prices or statements made on the Proposal may change with time, as this was created at the time of submission.
13. You acknowledge and agree:
a. the Client acknowledges the Provider invests significant resources in recruiting, selecting and training its Cleaners. Unless the Provider gives the Client prior written permission, the Client agrees not to, directly or indirectly, engage employ or contract with any of their cleaners including employee, licensee, franchisee, subcontractor or agent of the Provider to provide cleaning services to the Client or any associate of the Client for any period during which the Services are provided by the Provider or for a period within 3 months after the conclusion of any Service;
b. the Client acknowledges that Provider may suffer loss and damage, including, without limitation, consequential loss, as a result of a breach of this clause by the Client;
c. all additional job orders to be arranged directly with Waikato Cleaning Services Limited and not with our agents or employee.
14. The Provider will invoice you at the end of each month/week or period for the Services performed by the Provider during that month/week or period. Additionally the Provider will invoice any hygiene consumables ordered on behalf (if part of the Cleaning Guideline to manage supplies) and any additional services and supplies requested by the Client separately.
15. The Client agrees to pay the Providers invoices in full, without deduction or setoff, on or before the due date unless otherwise agreed with the Provider in writing.
16. Unless otherwise agreed in writing if the Client has not paid in full by the due date, the Provider may charge the Client interest compounding monthly on the unpaid overdue balance at a rate of 5% per annum above the current overdraft rate charged by the Providers bankers and $35.00 per month admin fee, and the Client/account holder is responsible for paying costs (including collection costs and legal costs on a solicitor-client basis) and suspend performance of further services until the Clients account is paid in full.
17. (Routine or ongoing Services) The Per Month Price is calculated for the term of the agreement (12 months) and then divided by 365 days or 12 months to provide the Client with the Per Month Price invoiced each month. The Per Month Price stays the same during any shutdown period or public holidays since we have taken such into account when pricing.
18. The Price is subject to rise by reason of variation in the rates payable due to an increase in labour hours or increase in project cost such as wages, cost of supplies etc., but only after 30 days’ notice and due consultation with all parties concerned. If the Services or project is taking longer than the allocated time or cost to complete the job, then both parties agree to discuss an updated price that will take effect immediately.
19. For any month where service is paused due to natural disasters or pandemics or the first month of service which may not be a full month, then we will only charge for the days serviced and this price will be based on the price or cost for each day of service or Pro Rata Rates, until services resume.
20. If the Client has any issue with the quality of the Providers work, the Client agrees to notify the Provider by email to firstname.lastname@example.org within 24 hours of the issue arising. The Provider will use all reasonable efforts to promptly rectify such issues. If issues persist, the Client agrees to first meet with the Provider in good faith to attempt to reach a resolution. It is hereby acknowledged that where delivery is carried out by the Client or third party, the Provider has no responsibility for the individual actions of them, especially relating to any matters/damages that they have liability for.
21. If the Client has proof of a poor track record of the Providers cleaning service according to Services listed on the Cleaning Guideline and in the term of this agreement, then the Client may terminate this agreement during the term by giving the Provider one month’s written notice to email@example.com but only if the Client has first followed the procedure set out in clause 20 and have given the Provider a reasonable opportunity to rectify the issues. All complaints should be in writing. These complaints should be serious and ongoing and not be any issues outside the Providers control.
22. The Client agrees to ensure that all fragile and easily damageable items at the premises are secured or removed before the Provider performs the Services so that such items will not be at risk of being damaged as the Provider performs the Services. The Client undertakes to maintain appropriate insurances and, in particular, occupier’s liability insurance against risks of events which could reasonably be expected to cause injury, loss or damage to the Provider or their employee, licensee, franchisee, subcontractor or agent. The Provider and employee, licensee, franchisee, subcontractor or agent shall not be liable for any loss or damage to the site including, without limitation, damage to furniture, equipment, carpets or covered surfaces, floors or wall linings and for reasonable wear and tear and degradation that occurs over time.
23. The Client will notify the Provider in writing of any structural building damages, areas with asbestos, go and no-go areas and any hazards where Services is to be performed. We may put Services on hold if the site is unsafe to perform the Services. The Client agrees to provide and maintain all Client’s health and safety requirements/policies and emergency plans prior to commencement date and update the Provider with any changes during the term of this agreement.
24. Unless agreed in writing the Provider will not remove/dispose of hazardous items and biohazard waste for safety reasons. The Client agrees not to leave such items in the bins - for example, used needles, sharp objects, body fluids etc.
25. The Provider will not be liable under any circumstances for any loss, damage, delay, costs or compensation (whether direct, indirect, special or consequential) which the Client or any third party may suffer or incur arising from or in any way connected with any breach of the Provider obligations under this agreement or The Provider failure to perform the Services because of factors that are beyond the Providers reasonable control, which include (but are not limited to) natural disasters, disease outbreaks, pandemics, flood, severe weather conditions, dedicated employee, licensee, franchisee, subcontractor or agent being sick or injured, inability to gain access to the premises, general wear and tear, or lack of appropriate resources such as water, electricity and heating.
26. The Provider shall not be liable to the Client or any third party for any modification, suspension or discontinuance of the Services. If the Provider is unable to perform the Services or provide any goods associated with the Services because of any cause beyond the Providers reasonable control (including any force majeure event, pandemic or appropriate cleaners being unavailable, injured or ill) the Provider may modify, suspend or discontinue the Services without incurring any liability for loss, costs or compensation to the Client. The Client agrees to work with us and our employee, licensee, franchisee, subcontractor or agent in good faith if such a situation arises.
27. The Provider will use the Clients personal information for the purposes relating to the Clients dealings with the Providers, related companies, interested business parties or agents. The Client authorises the Provider to release the Clients personal information to the Providers related companies, use for Provider’s customer references or use for the Providers marketing campaigns. The Provider may use the Clients name and logo to identify you as a customer of Waikato Cleaning Services Limited or as set forth in a statement or reference of work. This could include but not limited to the Clients name and logo on our websites or marketing campaigns. The Client acknowledges that personal information of you supplied by any of them to the Provider at the commencement of this agreement and from time to time during the agreement is supplied for the purposes of the parties fulfilling their respective obligations under this agreement. The Provider who is the intended recipient of the information supplied is, for the purposes of the Privacy Act 1993, authorised to use such information as necessary within the terms and conditions of this agreement and to fulfilling their respective obligations.
28. The Client authorises the Provider to release to any third party and personal or other information in relation to credit inquiries.
29. If the Provider does not enforce any terms or exercise any right under these terms, the Provider has not waived that right.
30. This agreement is specific to the premises referred to in the Schedule or Proposal. The Clients obligations under this agreement are not able to be terminated during the term of this agreement nor are they able to be transferred to any other premises without our prior written consent.
31. The Client may not subcontract or assign any of the Clients rights or obligations under this agreement. We may subcontract, franchise, license or assign our rights and our obligations and change cleaners anytime.
32. Unless otherwise agreed in writing, each party agrees to keep the terms of this agreement, Cleaning Guideline, Proposal, and other documents shared between each other confidential.
33. The Provider may change these terms from time to time by notifying The Client in writing.