Orpheus Property Services
Customer service agreement
This service agreement constitute the full and complete service agreement (the “Agreement”) between you (the “Customer”) and the Orpheus Group Pty Ltd, trading as (“Orpheus Property Services”) of PO Box 228 Hawthorn, Vic 3122 for the provision of services by Orpheus Property Services.
Please take some time to review this Agreement. The use of our services constitutes your acceptance of these terms and conditions. Any questions relating to this agreement can be forwarded to email@example.com or at the above mailing address.
1. Cleaning services
- Subject to the terms of this Agreement, Orpheus Property Services agrees to provide cleaning services (the “Service”) to the Customer at an address specified by the Customer (the “Premises”).
- The Service will be for such duties as agreed with the Customer at the time of booking or quote.
- Orpheus Property Services will provide the required team (the “Cleaner”) to attend the Premises to provide the Service at a time and date mutually agreed between Orpheus Property Services and the Customer.
- Cleaning will be charged at the quoted hourly rate, per hour per cleaner
- Orpheus Property Services endeavours 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 Orpheus Property Services prior to the Service Time and received in writing.
- If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact Orpheus Property Services 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:
- The Customer will provide a safe working environment at the Premises for the Cleaner to perform the Service
- The Cleaner will have unencumbered and unobstructed access to those areas of the Premises requiring the Service
- The Customer 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
- Orpheus Property Services will provide any tools and cleaning equipment necessary. Any additional cleaning equipment and materials provided by the Customer are safe, have not been tampered with and are in full working order
- The Customer will advise Orpheus Property Services prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the Premises
- The Customer authorises Orpheus Property Services to use the Premises to complete the provision of Service;
- If the Customer requires the Cleaner to clean behind or under any heavy items (eg. a fridge, bookshelf, or other furniture), The Customer will be required to move those items prior to the commencement of the Service.
- The Customer 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. Orpheus Property Services will always take extreme care.
4. Health and safety risks
In addition to the obligations and warranties set out in clause 3 above, the Customer acknowledges and agrees that:
- 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
- The Cleaner may, either before or during the provision of the Service not use or cease using any materials or cleaning equipment provided by the Customer if the Cleaner thinks, in their absolute discretion, that the use of such materials or cleaning equipment poses a risk to health and safety.
- 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.
5. No engagement of cleaners
- The Customer acknowledges Orpheus Property Services invests significant resources in recruiting, selecting and training its Cleaners. Unless Orpheus Property Services gives prior written permission, the Customer must not, directly or indirectly, engage, employ or contract with any Cleaner provided by Orpheus Property Services to the Customer or any associate of the customer for any period during which services are provided by Orpheus Property Services or for a period of 12 months after the conclusion of any Service.
- The Customer acknowledges that Orpheus Property Services may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Customer.
6. Job quotations
- The actual price payable by the Customer is calculated on the work required by the cleaner
- Any price quoted by Orpheus Property Services is an estimate only based on Orpheus Property Services’ experience, without inspection, and based on information provided by the Customer. Subject to this clause, quotes are valid for a period of 15 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 Orpheus Property Services, Orpheus Property Services will provide the Customer with the option to pay an increased fee to complete the Service, or pay the quoted amount without the service being completed.
- The Customer must inform Orpheus Property Servicesof the job specification, egvacate or move out clean, spring clean, one off or regular service at the time of quotation.
- The Customer may make a booking either in person, by either telephone, email or on the Orpheus Property Services website.
- At the time of booking the Customer must provide details of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime located at the Premises;
- Orpheus Property Services provides all quotations at the time of booking in good faith.
- The Customer agrees to provide Orpheus Property Services with their valid credit card details at the time of booking, and authorises Orpheus Property Services to debit any card with an amount equal to any service and/or cancellation fees that may apply under this Agreement.
- Orpheus Property Services reserves the right not to accept a booking for any reason.
8. Payment terms
- The Customer agrees to pay the price quoted by Orpheus Property Services. 50% deposit is required for all services prior to the time of service, unless otherwise agreed in advance with Orpheus Property Services.
- If a payment has not been made by the service time, Orpheus Property Services will use reasonable endeavours to contact the Customer for payment. In the event that Orpheus Property Services cannot contact the Customer or payment is not made by the service time, the Customer will be deemed to have cancelled the Service, and the Customer must pay any cancellation fees or charges due set out in clause 16. If The Customer fails to make payment and the services have been carried out, Orpheus Property Services reserves the right to charge any given credit cards or use endeavours to recover the amounts owing.
- Payments may be made via credit card, bank transfer, cheque or in cash. Payments by bank transfer should be made to:
Account Name: Orpheus Group Pty Ltd
Bank: ANZ Bank
Account BSB: 013-257
Account No: 201517655
Transaction Ref: Invoice number
4. Cheque payments should be made payable to Orpheus Property Servicesor Orpheus Group Pty Ltd.
- Unless specified otherwise, all prices and quotations are expressed to be GST exclusive amounts.
10. Late payment fee
- Where Orpheus Property Services 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 upon completion of works.
- The Customer agrees that if Orpheus Property Services has not received payment in full for the Service within one calendar month of the original invoice date then a late payment fee of $35 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 Customer agrees to indemnify Orpheus Property Services for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Orpheus Property Services 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.
- Orpheus Property Services reserves the right to report any non payment to either a collection agency and or is not limited to also reporting a non payment to the Rental Tenancies Authority (RTA) and or your property manager at its sole discretion and in doing so may affect your credit rating or ability to seek rental properties
If a Cleaner fails to attend the Premises within 2 hours of the Service Time and does not provide the requested Service, Orpheus Property Services will provide the Customer with either:
- Offer to reschedule the Service at another time mutually agreed between the Customer and Orpheus Property Services.
If the Customer is dissatisfied for any reason with the Service provided, The Customer must inform Orpheus Property Services within 24-48 hours of completion of the Service. Orpheus Property Services strives to achieve 100% customer satisfaction and will endeavour to resolve the problem quickly and efficiently. Subject to clause 13, Orpheus Property Services may, at its discretion, offer the Customer either of the following:
- Re-supply of the Service without additional charge
- A partial or full refund
- Such other remedy as deemed appropriate by Orpheus Property Services.
13. Exclusions and limitations
- The only conditions and warranties which are binding on Orpheus Property Services in respect of the state, quality or condition of goods and services supplied by Orpheus Property Services 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 Orpheus Property Services is, at Orpheus Property Services’ option, limited to and completely discharged by the resupply of the Service. Orpheus Property Services is not responsible for:
- 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 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 Cleaner not proceeding for health and safety reasons under clause 4
- 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 Orpheus Property Services
- 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
- Existing dirt, wear, damage or stains that cannot 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 Orpheus Property Services or the Cleaner.
- 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 Orpheus Property Services are excluded.
- The Customer 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 Orpheus Property Services gives no guarantee as to the actual results of the Service.
- Except to the extent provided in this clause, Orpheus Property Services 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 Orpheus Property Services (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 Orpheus Property Services).
force majeure* is a chance occurrence or unavoidable accident.
The Customer indemnifies Orpheus Property Services 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 Customer 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 Orpheus Property Services 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).
15. Accidents, breakage, damage & theft
- The Customer must inform Orpheus Property Services 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.
- 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 Orpheus Property Services 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 Orpheus Property Services under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.
16. Cancellation fees
- The Customer must provide Orpheus Property Services 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, Orpheus Property Services will endeavour to reschedule the Service if required.
- In the event that the Customer does not provide 24 hours notice prior to the commencement of the Service, the Customer agrees to pay a cancellation fee equivalent to 2 hours cleaning ?(inclusive of GST) for administrative costs and loss. This may be charged at the sole discretion of Orpheus Property Services
17. Fee for non-access to premises
In the event that the Customer does not provide unencumbered access the Premises for Orpheus Property Services or its Cleaners to provide the Service, the Customer agrees to pay a cancellation fee equivalent to 2 hours cleaning (inclusive of GST) for administrative and travel costs.
- This Agreement may be terminated by the Customer by providing at least 24 hours notice prior to the Service Time.
- Subject to clause 18(c), Orpheus Property Services may terminate this Agreement by providing the Customer with at least 24 hours notice prior to the Service Time.
- Orpheus Property Services may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of Orpheus Property Services, that breach is incapable of remedy.
- The Customer acknowledges that any information provided by the Customer may be used by Orpheus Property Services for the purpose of providing the Service. Orpheus Property Services agrees not to share any information provided by the Customer with any third party not directly involved in the provision of the Service (unless required to do so by law).
- The Customer agrees to Orpheus Property Services 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.
- Orpheus Property Services will take all reasonable precautions to protect personal information provided by the Customer from loss, misuse, unauthorised access or disclosure, alteration or destruction.
20. Changes to this agreement
- Orpheus Property Services 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 Customer 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.
21. Law & jurisdiction
The Customer and Orpheus Property Services 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.
The content of this Agreement is protected by international copyright laws and may be used for personal reference only. Subject to applicable law, permission to copy, alter, reproduce, publish, transmit and/or otherwise distribute this content is forbidden without first obtaining the prior written permission of Orpheus Property Services
The name ‘Orpheus Property Services’ and ‘Orpheus Property Services’ logo are registered trademarks. Subject to applicable law, permission to use this name is forbidden without first obtaining the prior written permission of Orpheus Property Services.
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