Terms and Conditions - Vanguard Cleaning Services

1. Introduction

Welcome to Vanguard Cleaning Services (“we”, “us”). We specialise in providing exceptional cleaning services across Victoria, Australia. By accessing our website and employing our services, you are consenting to comply with these Terms and Conditions, as well as any other written agreements you may hold with us, assuming their validity is maintained.

2. Interpretations

1. Singular terms include the plural and vice versa.
2. Gender-specific terms are inclusive of all genders.
3. Headings are for convenience only and do not affect the interpretation of this Agreement.
4. Terms such as “include” or “including” are open-ended, signifying “without limitation”.

3. Services Offered by Vanguard Cleaning Services

Vanguard Cleaning Services specialises in the provision of domestic, commercial, and post-construction cleaning services in Victoria. The cleaning required will be as agreed by us and the Customer at the time of booking. Any changes to the service must be agreed by Vanguard Cleaning Services prior to the next service. The Customer must not request such changes directly from the Cleaner.

4. Exclusions

The following areas are excluded from all bookings and are not part of any of our services:

1. Moving and/or lifting of heavy/large items of furniture
2. Dusting and/or vacuuming of ceilings or surfaces outside of normal reach
3. Cleaning of light fittings
4. Cleaning of heating ducts
5. Cleaning and/or removal of fly wire screens
6. Cleaning of air conditioning filters
7. Cleaning of curtains
8. Use of ladders (with the exception of a Deep Clean where you can supply your Cleaner with a ladder with no more than 2 steps)
9. Cleaning pet messes and/or heavily soiled areas
10. Cleaning of mould and/or bio-hazardous material (e.g., nappy bins)
11. Steam cleaning
12. Deep stain removal including stained silicone, plastic and/or concrete
13. High-pressure cleaning
14. Removal of any adhesives and/or paint
15. Deep carpet cleaning and/or shampooing (standard vacuuming of carpets and rugs is included in all services)
16. Grout cleaning
17. Extermination/pest control (insects, etc.)
18. Rubbish removal and/or collection services
19. Operating washing machines and/or dryers
20. Cleaning fragile trinkets and/or ornaments
21. Cleaning BBQs
22. Cleaning in between the glass sheets on ovens
23. Cleaning garages and/or patios (aside from basic sweeping)
24. Landscaping and/or yard work
25. Cleaning any area outside of your home
26. Cleaning of external windows

5. Obligations of the Customer

The Customer agrees to:

In reference to bookings, quotes and the carrying out our services,
1. Ensure power and hot water are available for all cleans. Failure to provide these may result in a non-refundable cancellation fee or other additional charges.
2. Book services and extras accurately without making further requests directly to the Cleaner.
3. Provide accurate details in the booking form.
4. Adhere to booking estimates and be subject to price adjustments where reasonable to do so.
5. Understand that quotes are estimates based on provided information and may be adjusted if property conditions differ or requirements change.
6. Agree to pay any increased fees if services exceed the quoted amount in order to complete the service or pay the quoted amount without the service being completed.
7. Comply with the Fair Go Policy (described below) applicable to flat rate services.
In reference to work safety,
1. Provide a safe working environment at their premises for the Cleaner to perform their tasks. Our Cleaners are instructed not to enter an environment that they consider unsafe to themselves and their health. They will report any problems to us, and this may result in cancellation of the booking and a cancellation fee.
2. Provide air conditioning for our Cleaners on days that reach above 35 degrees Celsius. If this is not possible, the customer shall call us directly to arrange alternative arrangements. Failure to provide adequate cooling may result in cancellation of the booking and a cancellation fee.
In reference to pets,
1. Inform Vanguard Cleaning Services if there are pets on the premises. We will allocate a cleaning team that does not have allergies or other issues with animals. Pets should either be removed from the home during service or kept in a designated area that does not require cleaning to avoid service disruption.
In reference to parking,
1. Provide guaranteed parking for our Cleaners (whether it be a parking permit for street parking or a reserved spot in the building). Note that ‘Visitors Car Space or Services Parking Space’ is not guaranteed. If parking is more than 100 meters from the property, additional charges may apply. If no parking is provided and our team cannot find public parking within 20 minutes, a cancellation fee may apply.
2. If paid parking if required, the cost will be added to your booking fee.
In reference to property access and waiting periods,
1. Ensure access to the property for our cleaning teams. If access is hindered (e.g., forgotten key or locked gate), our office will contact you via SMS and phone. We will wait for 15 minutes after contact for access to be provided. Failure to grant access may result in a 50% cancellation fee.
In reference to prohibited activities, refrain from
1. Assigning tasks or responsibilities to Cleaners that fall outside the agreed scope of work in the booking, or tasks that could potentially endanger their safety. Cleaners should not be required to use equipment or vehicles for which they have not received appropriate training or certification.
2. Directly employing the Cleaner for alternative roles without written consent from Vanguard Cleaning Services.
3. Requesting services from the exclusions list provided. If the Customer requires the Cleaner to clean behind or under heavy items such as fridges, washing machines, bookshelves, etc., the Customer must move those items prior to the service commencement. Vanguard Cleaning Services cannot be held responsible for damage to floors, including polished timber floors, caused by moving customers’ furniture for cleaning purposes.

6. Other Rights and Policies Reserved by Vanguard Cleaning Services

1. For end-of-lease cleans, we do not guarantee the refund of a bond on rented properties at any time.
2. Fair Go Policy: Our Fair Go Policy applies to Flat Rate services only. On rare occasions, if our estimates are incorrect, we will clean for up to one hour longer than the given estimated time. If a property requires more time and work than that, we will promptly discuss possible options with you before proceeding.
3. Damage Policy: In the rare instance of damage caused by our service, please notify us with photos within 24 hours of your service. If damage results from our team’s fault or negligence, we will first attempt repair, potentially requiring up to three quotes. If repair isn’t feasible, we’ll arrange a suitable replacement, requiring proof of purchase within 30 days of your complaint. We may request property access to promptly assess and resolve any issues or damages.
4. Photography Policy: Occasionally, our cleaning teams may take photos for service-related purposes. We always seek your permission if you’re present; if absent, we prioritise your privacy. Please inform us if you prefer no photos taken.
5. Supervision and Assessment: To maintain quality standards, we may have a supervisor or trainer onsite during cleaning for staff training and task oversight.
6. Booking Availability: Bookings are subject to Cleaner availability. We may propose alternative times if necessary.
7. Efficiency Measures: To ensure prompt service, we may assign multiple Cleaners to tasks. In this case, the time of service will be shortened (e.g., 1 Cleaner allocated for 6 hours but 2 Cleaners allocated for 3 hours).
8. Cancellation and Rescheduling Policy: We understand that plans can change, but to ensure fairness for all clients, please review our cancellation and rescheduling policy below.
  1. Cancelling: A $50.00 fee applies to cancellations made before 5:00 PM the day before your scheduled service. For cancellations made after 5:00 PM the day before or on the same day of your service, a fee of 50% of the booking value will apply.
  2. Rescheduling: Rescheduling within 24 hours of your original booking time will be treated as a cancellation and subject to the above fees. If you reschedule your service and later cancel the rescheduled appointment, the original cancellation policy will still apply. This means the cancellation fees will be based on the timing of the original booking, not the rescheduled date. E.g. If your service was scheduled for Monday and you reschedule to two weeks later on a Sunday, then cancel 48 hours before the new service, the cancellation fee will still apply based on your original Monday booking (either $50.00 or 50% of the booking value depending on the time of the original cancellation).

7. Payment Structure

Payment is due on the day of service. Additional charges approved on the service day, such as for parking or extra services, must also be paid on the day or invoiced with a 10% fee.

8. Complaints and Refunds

1. If a Cleaner does not meet your standards, please notify us within 24 hours of the service completion.
2. To qualify for a refund, complaints must be reported to Vanguard Cleaning Services within 24 hours of the service completion. We strive for complete customer satisfaction and will promptly work to resolve any issues.
3. Our initial approach to resolving complaints includes re-cleaning in accordance with our Satisfaction Guarantee.
4. Refunds will not be provided if insufficient time was allocated for cleaning the home.
5. We value all feedback and encourage prompt reporting of any issues or concerns to facilitate quick resolution.

9. Conflict of Interest

Customers must disclose any potential conflicts of interest. Vanguard Cleaning Services reserves the right to discontinue services if a conflict could compromise service integrity.

10. Force Majeure

Vanguard Cleaning Services shall not be liable for any failure to perform its obligations under these Terms and Conditions if such failure is caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, industrial disputes, or natural disasters.

11. Limitation of Liability

To the maximum extent permitted by law, Vanguard Cleaning Services will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from the use of, or inability to use, our services or website.

12. General Disclaimer

1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
2. Subject to this clause, and to the extent permitted by law:
  1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  2. Vanguard Cleaning Services will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the services provided.
3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Vanguard Cleaning Services make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Vanguard Cleaning Services) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records.
  2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
  3. costs incurred as a result of you using the Website, the Services or any of the products of Vanguard Cleaning Services; and
  4. the Services or operation in respect to links which are provided for your convenience.

13. Indemnity

You agree to indemnify Vanguard Cleaning Services, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content.
2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
3. any breach of the Terms.

14. Termination of Contract

The Terms may be terminated with notice or immediately for breach or legal requirement.

15. Dispute Resolution

Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

1. Notice: A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
2. Resolution: On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
  1. Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  2. If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association or the Conflict Resolution Service;
  3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  4. The mediation will be held in Melbourne, Australia.
3. Confidential:
  1. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
4. Termination of Mediation:
  1. If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

16. Unpaid Services

In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs.

17. Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Vanguard Cleaning Services. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Vanguard Cleaning Services will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

18. Intellectual Property Rights

The content provided on our website, including text, graphics, logos, images, and software, is the property of Vanguard Cleaning Services or its content suppliers and protected by Australian and international copyright laws. The compilation of content on our website is the exclusive property of Vanguard Cleaning Services. Any unauthorised use of the website or its content is strictly prohibited.

19. Marketing and Publicity

The Customer agrees to grant Vanguard Cleaning Services the right to use their name and logo in Vanguard Cleaning Services website, marketing materials and other oral, electronic or written promotion, which shall include naming the Customer as a customer of Vanguard Cleaning Services and a brief scope of services provided. Should the Customer want to opt-out from this clause, please notify Vanguard Cleaning Services (info@vanguardcleaningservices.com.au).

20. Data Protection and Privacy

Vanguard Cleaning Services is committed to protecting the privacy and security of our Customers’ personal information in accordance with the Australian Privacy Principles. Please refer to our Privacy Policy for detailed information on how we collect, use, protect, and disclose your personal data.

21. Limitations on Use

The website and services of Vanguard Cleaning Services are intended for lawful purposes by Customer seeking cleaning services. You agree not to use the website or services in any way that is unlawful, harmful to Vanguard Cleaning Services, its Customers, its Cleaners, or any third party.

22. Modifications to Terms and Conditions

Vanguard Cleaning Services reserves the right to modify these terms and conditions at any time without prior notice. Changes will be effective immediately upon posting on our website.

23. Venue and Jurisdiction

The Services offered by Vanguard Cleaning Services are intended to be viewed by residents of Victoria. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

24. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

25. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

26. Enquiries

For questions regarding our Terms and Conditions, please contact us directly via email (info@vanguardcleaningservices.com.au).

27. Acknowledgment

Utilising Vanguard Cleaning Services and website signifies your acceptance of these Terms and Conditions.

Last Updated: 12/07/2024