These terms and conditions constitute the full and complete service agreement (the "Agreement") between you (the "Customer") and Lotus Facility Services ("Lotus") of PO Box 205 Park Orchards, VIC 3114 Australia for the provision of services by Lotus.
Please take some time to review this Agreement. Use of our services constitutes your acceptance of these terms and conditions.
1. Residential Cleaning Services
a. Subject to the terms of this Agreement, Lotus agrees to provide residential cleaning services (the "Service") to the Customer at an address specified by the Customer (the "Premises").
b. The Service will be for such cleaning services as agreed with the Customer at the time of booking.
c. Lotus will provide one or more cleaning technicians (the "Cleaner") to attend the Premises to provide the Service at a time and date mutually agreed between Lotus and the Customer (the "Service Time").
d. Lotus endeavours to provide the Service faithfully, diligently and in a timely and professional manner.
2. Additions and Amendments
a. Any changes to the Service to be provided must be agreed by Lotus prior to the Service Time.
b. If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact Lotus by telephone, who may agree to provide the additional services in 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.
3. Customer Representations and Warranties
The Customer represents and warrants that:
a. it will provide a safe working environment at the Premises for the Cleaner to perform the Service;
b. the Cleaner will have unencumbered and unobstructed access to those areas of the Premises requiring the Service;
c. 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;
d. it will advise Lotus prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers.
e. it is authorised to use the Premises and obtain the provision of Service;
f. it will secure or remove any fragile, delicate, breakable or valuable items, including cash, jewellery, works of art, antiques, or items of sentimental value prior to the commencement of the Service.
4. Health and Safety Risks
In addition to the obligations and warranties set out in clause 3 above, the Customer acknowledges and agrees that:
a. 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;
b. 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.
c. moisture on your floors can present a slip hazard, we ask that the Customer avoid any areas that we are cleaning, and will advise any other guests, residents or contractors of this hazard until the floors are dry.
d. the Customer must agree to keep children or dependents away from any equipment, hot water or cleaning supplies being used as a part cleaning process.
e. the Customer must ensure that the environment that the Customer is inviting the Cleaner to work in, is a safe environment free from electrical or structural hazard.
f. Cleaning solutions should be considered poisonous, and are not for human consumption.
a. The Customer may make a booking either in person, by telephone, email or on the Lotus website.
b. At the time of booking the Customer must provide details of any hazards, slippery surfaces, risks or dangers.
c. Lotus provides all quotations at the time of booking.
d. Lotus reserves the right not to accept a booking for any reason.
6. Job Quotations
a. The actual price payable by the Customer is the quoted price provided by Lotus.
b. Any price quoted by Lotus is an estimate only based on Lotus’ experience, without inspection, and based on information provided by the Customer.
c. Quotes are valid for a period of 30 days from the date of the quote.
d. The quote we provide over the telephone or via email through the internet on the Lotus website, is based on information provided by the Customer to Lotus, and in the absence of specific room, or clearly definable descriptions will be based on standard room sizes. If the actual work to be performed is different to what has been quoted for, the price will vary accordingly.
e. The Cleaner may quote extra after inspection if there are extra rooms or areas that Lotus were not informed of during the quotation process or if the condition of the area is deemed to be different from the information provided by the Customer.
f. The Cleaner will confirm the price with the Customer before work commences.
g. When the Cleaner arrives at the Premises they will inspect the areas the Customer has requested to be cleaned.
7. Cancellation Fees and Other Charges
a. The minimum charge for any Service is $75.00.
b. Surcharges may be charged on any Service booked for weekends, after hours and public holidays.
c. The Customer must telephone Lotus prior to 4pm on the business day before the Service Time, if they wish to suspend, postpone or cancel the Service for any reason.
d. In the event that such notice has been given, Lotus will endeavour to reschedule the Service if required.
e. In the event that the Customer does not provide notice prior to 4pm on the business day before the commencement of the Service, the Customer agrees to pay a cancellation fee (minimum of $75.00 inclusive of GST) for administrative costs and loss.
9. Fee for Non-Access to Premises
In the event that the Customer does not provide unencumbered access the Premises for Lotus or its Cleaners to provide the Service, the Customer agrees to pay a cancellation fee equivalent to the minimum charge (inclusive of GST) for administrative and travel costs.
10. Payment Terms
a. The Customer agrees to pay the price quoted by Lotus at the completion of the service, unless otherwise agreed in advance with Lotus.
b. Payments may be made in cash, bank deposit or credit card. Payments by bank deposit or bank transfer should be made to:
Account Name: Lotus Facility Services
Account BSB: 013-403
Account Number: 408132242
Transaction Ref: Tax Invoice Ref Number
d. Lotus accepts payments via Visa or Mastercard via Stripe. A 2% surcharge is applicable to credit card payments.
Unless specified otherwise, all prices and quotations are expressed to be GST inclusive.
12. Late Payment Fee
a. Where Lotus 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 1 day of the invoice date.
b. The Customer agrees that if Lotus has not received payment in full for the Service within one calendar month of the original invoice date then a late payment fee of $25 applies for the first month. Interest will be charged on the fixed rate of 10% per annum on each day that any amount remains outstanding thereafter.
c. If the Customer’s account is outstanding for more than 3 months, we will call at the Premises to collect payment in person, in which case an additional $75 minimum call out fee will apply.
d. Lotus reserves the right to pass the debt on to a collection agency and refer the Customers personal details to credit reporting agencies if the Customer’s account remains overdue past this point. This will incur additional charge.
e. In addition to the amounts set out above, the Customer agrees to indemnify Lotus for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Lotus 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.
a. If the Customer is dissatisfied for any reason with the Service provided, it must inform Lotus within 24 hours of completion of the Service. Lotus strives to achieve 100% customer satisfaction and will endeavour to resolve the problem quickly and efficiently.
b. In the event of a customer complaint, the Customer undertakes to give Lotus the opportunity to rectify all work. Subject to clause 15, Lotus may, at its discretion, offer the Customer either of the following:
i. a partial or full refund;
ii. re-supply of the Service without charge;
iii. such other remedy as deemed appropriate by Lotus.
15. Exclusions and Limitations
a. The only conditions and warranties which are binding on Lotus in respect of the state, quality or condition of goods and services supplied by Lotus to Customers are those imposed and required to be binding by statute (including the Trade Practices Act 1974).
b. To the extent permitted by statute, the liability, if any, of Lotus is, at Lotus’ option, limited to and completely discharged by the resupply of the Service. Lotus is not responsible for:
i. not completing or providing the Service as a result of a breach of a warranty by the Customer in clause 3 (including a failure by the Customer to provide utility services, a safe working environment or unencumbered access to the Premises); or
ii. not completing or providing the Service as a result of the Cleaner not proceeding for health and safety reasons under clause 4;
iii. 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 Lotus;
iv. 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;
v. wear, damage or stains that can not be completely cleaned or removed;
vi. any wear or discolouring of fabric or surfaces becoming more visible once dirt has been removed;
vii. 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
viii. the cost of any key replacement or locksmith fees, unless keys were lost by Lotus or the Cleaner.
c. Except as provided in this clause, all conditions and warranties implied by law in respect of the state, quality or condition of the Service which may apart from this clause be binding on Lotus are excluded.
d. The Customer acknowledges that the results of any services provided may vary depending on a number of factors (including time elapsed since Premises was last cleaned and nature of cleaning required), and that Lotus gives no guarantee as to the actual results of the Service.
e. Except to the extent provided in this clause, Lotus 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 Lotus (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 Lotus).
The Customer indemnifies Lotus against:
a. 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 clause 3; and
b. all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Lotus in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal and including any action taken for the recovery of a debt from the Customer).
17. Accidents, Breakage, Damage & Theft
a. The Customer must inform Lotus 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.
b. 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 Lotus within 24 hours of completion of the Service.
c. To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of Lotus under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.
a. This Agreement may be terminated by the Customer by providing at least 24 hours notice prior to the Service Time.
b. Subject to clause 18(c), Lotus may terminate this Agreement by providing the Customer with at least 24 hours notice prior to the Service Time.
c. Lotus may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of Lotus, that breach is incapable of remedy.
19. Law & Jurisdiction
The Customer and Lotus acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of Victoria and both agree to submit to the exclusive jurisdiction of the courts of Victoria in the event of any dispute.
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.
We do not store or keep any of your personal data or information on our website or for our records. Any of your private information is purged after 2 months and only your first name and email address is kept on file for our records. Lotus will not share your personal details with any other company or individual specifically required to by law. To check our customer records or remove yourself from our database please contact 03 9812 2598 or email email@example.com
[i] To clean walls for the purposes of a Vacate/Bond clean, we do spot clean only to remove marks – Additional charges may apply if walls are badly marked, or excessively stained as they may require extra cleaning time
[ii] Blind cleaning is not included in our standard Vacate/Bond cleaning service. Dirty or greasy blinds take a lot longer. In this case, bringing them to the standard required to pass a cleaning inspection will require a lot more work and thus additional charges may apply. If the blinds are badly soiled or there is a lot of mould present on the blinds they may need to be cleaned by professional blind company.