Client Service Agreement
These terms and conditions constitute the full and complete service agreement (the “Agreement”) between you (the “Customer”) and Manhattan Maids Pty Ltd (“Manhattan Maids”) of PO Box 7015, Applecross North WA 6153, Australia for the provision of services by Manhattan Maids.
Please take some time to review this Agreement. Use of our services constitutes your acceptance of these terms and conditions.
1. Cleaning services
- Subject to the terms of this Agreement, Manhattan Maids agrees to provide housekeeping and domestic cleaning agency services (the “Service”) to the Client at an address specified by the Client (the “Premises”).
- The Service will be for such housekeeping and cleaning duties as agreed with the Client at the time of booking.
- Manhattan Maids will provide one or more independent contractors (the “Maid”) to attend the Premises to provide the Service at a time and date mutually agreed between Manhattan Maids and the Client (the “Service Time”).
- Manhattan Maids endeavour to provide the Service faithfully, diligently and in a timely and professional manner.
2. Additions and amendments
- Any changes to the Service to be provided must be agreed by Manhattan Maids prior to the Service Time.
- If the Client requires any additional services or variations at the time the Service is being performed, the Client must first contact Manhattan Maids by telephone, who may agree to provide the additional services in its absolute discretion. The Maid is not authorised to agree to any changes to the Service being provided. The Client must not request such changes directly from the Maid.
3. Client representations and warranties
The Client represents and warrants that:
- they will provide a safe working environment at the Premises for the Maid to perform the Service;
- the Maid will have unencumbered and unobstructed access to those areas of the Premises requiring the Service;
- they will provide the Maid with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required by the Maid to provide the Service;
- they will provide all usual and necessary cleaning equipment and materials required by the Maid to provide the Service, unless other arrangements have been made with Manhattan Maids ;
- all cleaning equipment and materials provided by the Client are safe, have not been tampered with and are in full working order;
- they will advise Manhattan Maids prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the Premises;
- they are authorised to use the Premises and obtain the provision of Service;
- if the Client requires the Maid to clean behind or under any heavy items (e.g. a fridge, bookshelf, or other furniture), it will move those items prior to the commencement of the Service; and
- they 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 Client acknowledges and agrees that:
- the Maid 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 Maid may, either before or during the provision of the Service not use or cease using any materials or cleaning equipment provided by the Client if the Maid thinks, in their absolute discretion, that the use of such materials or cleaning equipment poses a risk to health and safety.
- the Maid 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 Maid, a risk to health and safety.
5. No engagement of Maids
- Unless Manhattan Maids gives prior written permission, the Client must not, directly or indirectly, engage, employ or contract with any Maid to provide domestic services to the Client or any associate of the Client for any period during which services are provided by Manhattan Maids or for a period within 12 months after the conclusion of any Service.
- The Client acknowledges that Manhattan Maids may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Client.
- If the Client does directly employ one of our maids, within 12-months of the initial service, the Client will be billed our full placement fee of $2,500.
6. Job quotations
- The actual price payable by the Client is calculated on the total number of hours worked by the Maid.
- Any price quoted by Manhattan Maids is an estimate only based on Manhattan Maids experience, without inspection, 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.
- 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 Manhattan Maids, Manhattan Maids will provide the Client with the option to pay an increased fee to complete the Service, or pay the quoted amount without the Service being completed.
- The Client must inform Manhattan Maids whether any cleaning services required are for an ‘end of tenancy’ at the time of quotation.
- The Client may make a booking either in person, by telephone, fax, email or through the Manhattan Maids website.
- At the time of booking the Client must provide details of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime located at the Premises;
- Manhattan Maids provides all quotations at the time of booking.
- The Client agrees to provide Manhattan Maids with their valid credit card details at the time of booking, and authorises Manhattan Maids to debit any card with an amount equal to any service and/or cancellation fees that may apply under this Agreement.
- Manhattan Maids reserves the right not to accept a booking for any reason.
8. Payment terms
- The Client agrees to pay the price quoted by Manhattan Maids in full at the Service Time, unless otherwise agreed in advance with Manhattan Maids.
- If no payment has been made by the completion of Service Time, Manhattan Maids will use reasonable endeavours to contact the Client for payment. In the event that Manhattan Maids cannot contact the Client or payment is not made by the completion of the Service Time, the Client will be deemed to have cancelled the Service, and the Client must pay any cancellation fees or charges due set out in clause 16.
- Payments may be made via credit card, electronic funds transfer, direct debit, BPay, cheque or in cash and are to be made directly to the maid providing the services.
- Unless specified otherwise, all prices and quotations are expressed to be GST exclusive amounts.
- If GST is payable in respect of any thing supplied to the Client under this Agreement, then the amount which the Client is obliged to pay for that supply (Original Amount) will (subject to the receipt of a valid tax invoice) be grossed up so that Manhattan Maids receives an amount which, after subtracting the GST liability of Manhattan Maids, results in Manhattan Maids retaining the Original Amount.
10. Late payment fee
- Where Manhattan Maids has agreed to invoice the Client for payment of fees after the Service has been completed, the Client agrees to pay in full, all fees due, within 7 days of the invoice date.
- The Client agrees that if Manhattan Maids 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 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.
- In addition to the amounts set out above, the Client agrees to indemnify Manhattan Maids for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Manhattan Maids 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 Client to pay an amount by the due date.
If a Maid fails to attend the Premises within 1 hour of the Service Time and does not provide the requested Service, Manhattan Maids will provide the Client with either:
- a full refund of any payment made by the Client for that Service Time; or
- offer to reschedule the Service at another time mutually agreed between the Client and Manhattan Maids .
If the Client is dissatisfied for any reason with the Service provided, it must inform Manhattan Maids within 24 hours of completion of the Service. Manhattan Maids strives to achieve 100% Client satisfaction and will endeavour to resolve the problem quickly and efficiently. Subject to clause 13, Manhattan Maids may, at its discretion, offer the Client either of the following:
- re-supply of the Service without charge;
- a partial or full refund;
- such other remedy as deemed appropriate by Manhattan Maids.
13. Exclusions and limitations
- The only conditions and warranties which are binding on Manhattan Maids in respect of the state, quality or condition of goods and services supplied by Manhattan Maids to Customers are those imposed and required to be binding by statute (including the Trade Practices Act 1974).
- To the extent permitted by statute, the liability, if any, of Manhattan Maids is, at Manhattan Maids option, limited to and completely discharged by the resupply of the Service. Manhattan Maids is not responsible for:
- not completing or providing the Service as a result of a breach of a warranty by the Client in clause 3 (including a failure by the Client 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;
- not completing or providing the Service as a result of the Maid not proceeding for health and safety reasons under clause 4;
- any loss or damage incurred by the Client or any third party as a result of the effects of a force majeure, being any event beyond the reasonable control of Manhattan Maids;
- not completing or providing the Service due to an act or omission of the Client or any other person at the Premises during provision of the Service;
- existing dirt, wear, damage or stains that can not 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 Manhattan Maids or the Maid.
- 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 Manhattan Maids are excluded.
- The Client 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 Manhattan Maids gives no guarantee as to the actual results of the Service.
- Except to the extent provided in this clause, Manhattan Maids 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 Manhattan Maids (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 Manhattan Maids).
- To the extent that Manhattan Maids accepts liability for the Client’s losses arising from non-provision of the Service, the Client and Manhattan Maids agree that the liability of Manhattan Maids shall be limited to the initial quoted amount of the Service to be provided to the Client.
The Client indemnifies Manhattan Maids 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 Client set out in clause 3; and
- all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Manhattan Maids 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 Client).
15. Accidents, breakage, damage & theft
- The Client must inform Manhattan Maids of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Maid within 24 hours of completion of the Service.
- To the extent permitted by law, the Client is not entitled to claim any loss for any incident if the incident is not reported to Manhattan Maids 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 Manhattan Maids under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.
1. Cancellation fees
- The Client must provide Manhattan Maids with at least 24 hours 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, Manhattan Maids will endeavour to reschedule the Service if required.
- In the event that the Client does not provide 24 hours notice prior to the commencement of the Service, the Client agrees to pay a cancellation fee equivalent to the number of hours cleaning booked (inclusive of GST) for administrative costs and loss.
2. Fee for non-access to premises
In the event that the Client does not provide unencumbered access the Premises for Manhattan Maids or its Maids to provide the Service, the Client agrees to pay a cancellation fee equivalent to the number of hours of cleaning booked (inclusive of GST) for administrative and travel costs.
- This Agreement may be terminated by the Client by providing at least 24 hours written notice prior to the Service Time.
- Subject to clause 18(3), Manhattan Maids may terminate this Agreement by providing the Client with at least 24 hours notice prior to the Service Time.
- Manhattan Maids may terminate this Agreement with immediate effect if the Client is in breach of this Agreement, and in the opinion of Manhattan Maids, that breach is incapable of remedy.
- The Client acknowledges that any information provided by the Client may be used by Manhattan Maids for the purpose of providing the Service. Manhattan Maids agrees not to share any information provided by the Client with any third party not directly involved in the provision of the Service (unless required to do so by law).
- The Client agrees to Manhattan Maids 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.
- Manhattan Maids will take all reasonable precautions to protect personal information provided by the Client from loss, misuse, unauthorised access or disclosure, alteration or destruction.
5. Changes to this agreement
- Manhattan Maids reserves the right to update or modify these terms and conditions at any time without prior notice, 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 Client 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.
6. Law & jurisdiction
The Client and Manhattan Maids acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of Western Australia and both agree to submit to the exclusive jurisdiction of the courts of Western Australia in the event of any dispute.
The Client 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.
By receiving your confirmation email, and continuing to use the Manhattan Maids service, you are taken to have read through and understood our Client Services Agreement, and agree to its terms and conditions.