Terms of Business

1. DEFINITIONS

1.1 For the purpose of the Agreement:

1.1.1 The Term "Peak Home Services" means the franchisee of Jasebai Pty Ltd at Peak Family Trust whose details are stated overleaf;

1.1.2 The term "Householder" means the Householder or Householders whose details appear overleaf, and the singular term shall be deemed to include the plural where applicable;

1.1.3 The term "Website" means the website at www.peakhomeservices.com.au; and

2. AMENDMENTS

2.1 Peak Home Services reserves the right to amend the terms and conditions of this Agreement, and shall inform the Householder of such changes by posting them to the Website, and/or sending or otherwise providing them to the Householder, not less than thirty (30) days before implementation of such changes.

3. PROVISION OF SERVICES

3.1 Peak Home Services shall provide cleaning services to the Householder subject to the terms and conditions of this Agreement, for the hours of work specified under the Householder’s allocated funding or agreed timeframe.

4. TERM OF THE AGREEMENT

4.1 This Agreement will be for a minimum initial period of thirteen (13) weeks as from the date of signature and shall continue thereafter on a month-to-month basis.

5. PAYMENT TO PEAK HOME SERVICES

5.1 The Householder shall sign, and return to Peak Home Services, the Agreement engaging Peak Home Services to provide services and authorising Peak Home Services to claim from their nominated third-party payment provider, payments for all services provided (“the Service Fees”).

5.2 The Householder will do all things reasonably necessary to facilitate the claim by Peak Home Services for payment for services provided.

5.3 Where the payment by the Householder of the Service Fees or any other sum payable under this Agreement is not received by Peak Home Services by seven days after the due date, Peak Home Services reserves the right to charge the Householder interest at the prevailing rate of 2% for each day that the total amount outstanding or any part of it remains unpaid.

5.4 Failure to pay any payment for more than one month shall constitute a serious breach for the purposes of Clause 12.3 and Peak Home Services shall accordingly be able to terminate this Agreement without prejudice to its right to charge interest on the overdue amount and/or to recover the outstanding amounts and its reasonable costs incurred in so doing.

6. HOUSEHOLDER OBLIGATIONS

6.1 The Householder will make their premises available to Peak Home Services in order to provide the cleaning services at the agreed times.

6.2 The Householder shall provide a safe working environment for the Cleaner at all times.

6.3. The Householder will ensure that all bins have appropriate liners if bin service is required.

6.4. If using The Householders equipment, The Householder will ensure that all equipment used in the home is in good working order.

7. OBLIGATIONS OF PEAK HOME SERVICES

7.1 Peak Home Services use reasonable care and skill in providing the Cleaning Services.

8. SHORT NOTICE CANCELLATIONS

8.1 Where the Householder cancels the service with less than three (3) clear days’ notice, the Peak Home Services will claim the full value of the cleaning service.

9. CANCELLATION BEFORE FIRST SERVICE

9.1 Peak Home Services reserves the right to charge a one-hour administration fee where a service agreement has been signed then services are cancelled before the first service commences.

10. LIABILITY

10.1 Subject to Clause 10.2 below, Peak Home Services shall not be liable for:

10.1.1. any loss or damage in excess of the limit of its Public Liability insurance cover or outside the scope of its cover;

10.1.2 failure of any retained Cleaner to return keys and any loss that may arise as a result;

10.1.3. collusion or theft of property or possessions by a retained Cleaner.

10.2 Peak Home Services shall be liable to the Householder:

10.2.1 where Peak Home Services has not fulfilled its obligations to perform with reasonable care and skill under this Agreement or has failed to perform its obligations at all or to any significant extent;

10.2.2. for death or personal injury caused by its negligence.

10.3 Nothing in this Agreement shall affect the statutory rights of the Householder as a consumer.

11. EXCLUDED SERVICES

11.1 the Cleaner will not provide the following services:

11.1.1 Cleaning of animal faeces or urine;

11.1.2 Cleaning of kitty litter, or rooms with overpowering smell of animal urine

11.1.3 Nappies;

11.1.4 Bodily fluids (vomit, used tissues, cotton buds);

11.1.5 Outside of home. Excluding outdoor kitchens;

11.1.6 Moving or picking up personal clothing items (eg: underwear) for cleaning floors and bench tops;

12. TERMINATION OF AGREEMENT

12.1 Peak Home Services may terminate the Agreement at any time by giving not less than 14 days notice in writing to the Householder.

12.2 The Householder may terminate the Agreement to take effect at any time after the initial 13 week period by giving not less than 14 days notice in writing to Peak Home Services.

12.2.1 If services are cancelled effective immediately during the initial 13 week period the Householder will be charged 50% of the remaining initial period.

12.2.2 If services are cancelled effective immediately during the 14 day cancellation period the Householder will be charged 100% of the remaining notification period.

12.2.3 Peak Home Services does not provided ad-hoc services, and can not be used just when needed.

12.3 Notwithstanding Clause 12.1, where Householder has committed a serious breach of the terms of the Agreement, the Peak Home Services is entitled to terminate the Agreement immediately on written notice to Peak Home Services.

12.4 Notwithstanding Clause 12.2, where Peak Home Services has committed a serious breach of the terms of the Agreement, the Householder is entitled to terminate the Agreement immediately on written notice to Peak Home Services.

12.5 For a period of twelve months following termination of the Agreement for any reason, the Householder shall not engage, directly or indirectly, as an employee, contractor, agent or otherwise any Cleaner who has been provided by Peak Home Services to the Householder. If the Householder does so engage a Cleaner in contravention of this Clause, then Peak Home Services shall institute proceedings against the Householder to recover damages and costs.

12.6 Where the Householder breaches this obligation, they agree to pay twelve (12) months Service Fees to Peak Home Services.

13. PHOTOS AND PRIVACY

13.1 Your privacy is extremely important to us. We will ensure that all information collected is identified as to what purpose it will be used for. The purposes for which the information is gathered before, after, or at the time of collecting said information.

13.2 We will not share collected information with anyone outside Peak Home Services staff. We will only collect and use personal information solely to fulfil the purposes specified by Peak Home Services, unless we obtain the consent of the individual concerned or as required by law. Also, we will only retain personal information as long as necessary for the fulfilment of the said purpose. The personal data we collect is only relevant to the purposes for which it is to be used.

13.3 Photos for property reports are our proof of services. These photos are exclusively for reference purposes as part of your cleaning appointment. Items we are interested in documenting are, shower bases, stove top, sinks, under tables and mirrors. They may also include appliances that you wish to be cleaned, for example oven, fridge, cabinets, ceiling fans. We also document bed sheets that have been changed.

13.4 Any photos taken will solely be for documentation purposes. They will not be used on social media or website platforms.

14. GENERAL

14.1 Unless expressly stated otherwise, all representations, rights and obligations entered into by persons named as the Householder overleaf, if more than one, are given or entered into jointly and severally by each of those persons. Accordingly Peak Home Services may take action against any one or more of such persons and may release or compromise the liability of any one or more of such persons without affecting the liability of the other(s).

14.2 If any provision of this Agreement shall be found to be void, invalid or unenforceable, whether by a court of law, agreement of the parties or otherwise, the remainder of this Agreement shall remain in full force and effect notwithstanding any such invalidity, illegality or unenforceability but the provision in question shall be deleted.

14.3 The Householder agrees to Peak Home Services passing its non-financial personal data to Cleaners who may use it in order to provide services.

14.4 Any notice under this Agreement shall be in writing and (with the exception of the Notice of the Right to Cancel) shall be effective on actual or deemed receipt. Notice shall be given by personal service or by first class prepaid mail or by e-mail and shall be addressed to Peak Home Services or to the Householder, as appropriate, at one of the addresses stated overleaf. Either party may, by written notice to the other, change the address to which notices to it may be sent. Deemed receipt shall occur in the case of personal service or e-mail on delivery and in the case of first class prepaid mail on the second working day after posting.

14.5 Peak Home Services will provide cleaners who have been police checked.

14.6 Peak Home Services reserves the right to cancel, amend, withdraw or change any promotion, special offer or other marketing offer however made without any prior notice or approval to or from the Householder.