These terms and conditions constitute the full and complete service agreement (the “Agreement”) between you (the “Client”) and EL-KHOURY PTY LTD, trading as EL-KHOURY CLEANING, ABN 77 390 227 196, for the provision of services provided by EL-KHOURY CLEANING. Please review this Agreement and terms of conditions. Use of our services constitutes your acceptance of this Agreement and these terms and conditions.

1. Commercial and Residential Cleaning Services

1.1 Subject to the terms of this Agreement, EL-KHOURY CLEANING agrees to provide cleaning services to the Client at an address as specified by the Client (the “Premises”).

1.2 The Service will be for such cleaning duties as agreed with the Client at the time of quotation and booking.

1.3 EL-KHOURY CLEANING will provide one or more staff cleaners (the “Cleaner”) to attend the Premises to provide the Service at a time and date mutually agreed upon between EL-KHOURY CLEANING and the Client (the “Service Time”).

1.4 EL-KHOURY CLEANING endeavours to provide the Service in good faith, with due diligence, and in a timely and professional manner.

2. Additions and Amendments

2.1 Any additions and/or amendments to the Service must be agreed to by EL-KHOURY CLEANING prior to the Service Time.

2.2 If the Client requires any additional services and/or amendments and/or variations at the time the Service is being performed, the Client must first contact EL-KHOURY CLEANING by telephone. EL-KHOURY may agree to provide the additional and/or amended and/or varied Service(s) in its absolute discretion. The Cleaner is not authorised to agree to any amendments and/or additions and/or variations to the Service being provided. The Client must not make the specified variation requests directly to the Cleaner, unless, the Cleaner has adequate authorisation to make such changes.

2.3 A Cleaner with managerial or directorial status is authorised to make such changes to the Service.

3. Client Representations and Warranties The Client represents and warrants that:

3.1 It will provide a safe working environment at the Premises for the Cleaner(s) to perform the Service;

3.2 The Cleaner(s) will have unobstructed and unencumbered access to those areas of the Premises requiring the Service;

3.3 It will provide the Cleaner with access to all services and utilities (including but not limited to cold and hot water supply, electricity supply and waste disposal utilities such as rubbish bins) as required by the Cleaner to provide the Service;

3.4 All services and utilities as provided by the Client to the Cleaner are safe, non-hazardous, have not been tampered with, are without faults and defects;

3.5 All cleaning equipment and materials provided by the Client are safe, non-hazardous, have not been tampered with, and are in full working order;

3.6 It will advise EL-KHOURY CLEANING prior to the commencement of the Service of any risks, hazards, slippery surfaces, or dangers posed to the Cleaner, or any other person, at the premises;

3.7 It is authorised to use the Premises and obtain the provision of Service;

3.8 If the Client requires the Cleaner to clean behind or underneath heavy objects (e.g., refrigerators, large furniture), it will move these items prior to the commencement of the Service; and

3.9 It will secure or remove any fragile, delicate, valuable, and/or breakable items, including but not limited to cash, jewellery, artworks, antique items, or items of sentimental value and/or great importance prior to the commencement of the Service.

4. Occupational Health and Safety Risks

In addition to the obligations and warranties set out in clause 3 of this terms and conditions, the Client acknowledge and agrees that:

4.1 The Cleaner is entitled to undertake a job safety inspection and analysis prior to the commencement of the Service or any work, to assess the health and safety risk at the Premises;

4.2 The Cleaner may, either prior to the commencement of, or during the provision of the Service, not use or cease using any materials or cleaning equipment provided by the Client if the Cleaner believes, in their absolute discretion, that the use of such materials or cleaning equipment poses a risk to the health and safety of themselves (the Cleaner) or any other person; and

4.3 The Cleaner may, either prior to the commencement of, or during the provision of the Service not provide or cease the provision of the Service where performing the Service presents, in their absolute discretion (the Cleaner), a risk to the health and safety of themselves (the Cleaner), or any other person.

5. Non-Engagement of Cleaners

5.1 The Client acknowledges that EL-KHOURY CLEANING invests a significant amount of resources in recruiting, selecting, training and vetting its staff and Cleaners. Unless EL-KHOURY CLEANING gives prior written permission and authorisation, the Client must not, directly or indirectly, engage, employ, solicit, or contract with any Cleaner to provide any cleaning services to the Client or any associate of the Client for any period during which services are provided by EL-KHOURY CLEANING or for a period within 6 months after the conclusion of any Service.

5.2 The Client acknowledges and accepts that EL-KHOURY CLEANING may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Client.

6. Job Quotations and Estimates

6.1 The actual cost (the “Price”) payable by the Client, for residential Services, is calculated based on the provision of Service as determined by EL-KHOURY CLEANING.

6.2 The determination of the Price for residential Services is based on the number of bedrooms and bathrooms requiring the Service in the residential complex, and/or by the quoted contract Price at the time of contract signing.

6.3 The determination of the Price for commercial Services is based on the total number of hours worked by the Cleaner, and/or the square meterage of the property, and/or scope and level of services, and/or by the quoted contract time allocated at the time of Contract signing.

6.4 The determination of the Price, per hour worked, for commercial Services, may vary by industry requiring the Service.

6.5 Any Price quoted by EL-KHOURY CLEANING is an estimate only based on EL-KHOURY CLEANING’s professional expertise, cleaning experience and/or information provided to EL-KHOURY CLEANING by the Client. Subject to clauses 6.1, 6.2, 6.3, and 6.4, quotes are valid for a period of thirty (30) days from the date of the quote.

6.6 If at the commencement or during the course of providing the Service, it is apparent that the actual Price of the Service will exceed the quote provided by EL-KHOURY CLEANING, EL-KHOURY CLEANING will provide the Client with the option to pay an increase fee to complete the Service, or pay the quoted amount without the Service being completed.

6.7 The Client must inform EL-KHOURY CLEANING whether any cleaning Services required is only short term at the time of quotation.

7. Bookings and Appointments

7.1 The Client may make a booking either in person, by telephone, facsimile, email, online-website booking form or text-message.

7.2 At the time of the booking, the Client must provide details of any hazards, slippery surfaces, risks, and/or dangers, ingrained dirt, stains, grease, grime, biological hazards, or other vital information located at the Premises.

7.3 EL-KHOURY CLEANING provides all quotations at the time of booking.

7.4 The Client agrees they may be required to provide EL-KHOURY CLEANING with their valid Credit Card details at the time of booking, and authorises EL-KHOURY CLEANING to debit any card as provided by the Client with an amount equal to any Service and/or cancellation fees that may apply under this Agreement.

7.5 In such instances that the Client wishes to make payment of the Service via another method (for example, cash, cheque, electronic-funds transfer, money order, wire transfer), the Client agrees they may be required to make a deposit amounting to fifty-percent (50%) of any Service that may apply under this Agreement.

7.6 EL-KHOURY CLEANING reserves the right not to accept a booking for any reason.

8. Payment Terms

8.1 The Client agrees to pay the Price quoted by EL-KHOURY CLEANING in full, at the time of booking prior to the Service Time, unless otherwise agreed upon in advance with EL-KHOURY CLEANING, in which a fourteen (14) day account would be setup.

8.2 If no payment or remittance has been made by the Service Time, EL-KHOURY will use reasonable endeavours to contact the Client for payment. In the event that EL-KHOURY CLEANING cannot contact the Client or payment is not made by 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.

8.3 Payments are to be made online through Stripe, using the secure payment link or invoice payment method provided by EL-KHOURY CLEANING. Stripe may allow payment by accepted credit card, debit card or other available online payment methods at the time of payment.

8.3.1 The Client acknowledges that online payment processing is facilitated by Stripe and may be subject to Stripe’s own processing times, security checks, payment terms and fees where applicable.

8.4 Only payments made in Australian Dollars are accepted.

8.5 Cheque payments should be made payable to CHARBEL EL-KHOURY (the “Director”).

9. Goods and Services Tax

9.1 Unless specified otherwise, all prices and quotations are expressed to be inclusive of the Goods and Services Tax (the “GST”).

9.2 If GST is payable in respect of anything supplied to the Client under this Agreement, then the amount which the Client is obliged to pay for that supply (the “Original Amount”) will (subject to the receipt of a valid tax invoice) be grossed up so that EL-KHOURY CLEANING receives an amount which, after subtracting GST liability of EL-KHOURY CLEANING, results in EL-KHOURY CLEANING retaining the Original Amount.

10. Late Payment Fee

10.1 Where EL-KHOURY CLEANING 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 14 days of the invoice date.

10.2 The Client agrees that if EL-KHOURY CLEANING has not received payment in full for the Service within one calendar month of the original invoice date then a late payment fee of $100 AUD applies per month.

10.3 In addition to the amounts set out above, the Client agrees to indemnify EL-KHOURY CLEANING for all legal costs and disbursements (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by EL-KHOURY CLEANING in connection with a demand, action, disbursements, or other proceeding (including mediation, out-of-court settlements and/or any action taken for recovery of debt from the Client) arising out of a breach of these terms including the failure by the Client to pay an amount by the due date.

11. Non-Appearance and Non-Attendance

If a Cleaner fails to attend the Premises within one (1) hour of the Service Time and does not provide the requested Service, EL-KHOURY CLEANING will provide the Client at their discretion with either:

11.1 A full refund of payments made by the Client; or

11.2 Reschedule the Service at another time mutually agreed upon between the Client and EL-KHOURY CLEANING.

12. Complaints and Refunds Policy

12.1 If the Client is dissatisfied, for any reason, with the Service provided by EL-KHOURY CLEANING, it must inform EL-KHOURY CLEANING within twenty-four (24) hours of completion of the Service. EL-KHOURY CLEANING endeavours to achieve one-hundred percent (100%) client satisfaction and will strive to resolve the issues raised efficiently and speedily. Subject to clause 13, EL-KHOURY CLEANING may, at its discretion, offer the Client either of the following:

12.2 A partial or full refund;

12.3 Re-supply of the Service without charge;

12.4 Re-supply of the Service at a discounted charge;

12.5 Such other remedy as deemed appropriate and necessary by EL-KHOURY CLEANING.

13. Exclusions and Limitations

13.1 The only conditions and warranties which are binding on EL-KHOURY CLEANING in respect of the state, quality or condition of goods and services supplied by EL-KHOURY CLEANING to Clients are those implied and required to be binding by statute (including the Competition and Consumer Act 2010).

13.2 To the extent permitted by statute, the liability, if any, of EL-KHOURY CLEANING is, at EL-KHOURY CLEANING’s option, limited to and completely discharged by the resupply of the Service. EL-KHOURY CLEANING is not responsible for:

13.2.1 Not completing or providing the Service as a result of a breach of warranty by the Client in clause 3 (including but not limited to failure by the Client to provide proper materials, cleaning equipment, utility services, access to the work environment, a safe working environment, or unencumbered access to the Premises); or

13.2.2 Any damages caused by defective cleaning materials or cleaning equipment provided by the Client;

13.2.3 Not completing or providing the Service as a result of the Cleaner not proceeding for health and safety reasons under clause 4;

13.2.4 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 EL-KHOURY CLEANING;

13.2.5 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;

13.2.6 Existing dirt, wear, damage, stains, marks, holes, general wear and tear, that cannot be completely cleaned or removed;

13.2.7 Any wear or discolouration of fabric or surfaces becoming more visible once dirt, stains, and/or debris have been removed;

13.2.8 Any loss incurred as a result of any breakage or damage to goods, items of value (including but not limited to antiques, items of sentimental value and/or items of great importance) or the Premises; or

13.2.9 The cost of any key replacement or locksmith service fees, unless keys were lost by EL-KHOURY CLEANING or the Cleaner.

13.2.10 The Client acknowledges that the results of any services provided may vary depending on a number of factors (including but not limited to materials used, equipment provided, time elapsed since the Premises was last cleaned, either professionally or by any other means, and the nature of cleaning required) and that EL-KHOURY CLEANING gives no guarantee as to the actual results of the Service.

13.2.11 Except to the extent provided in this clause, EL-KHOURY CLEANING has no liability (including liability in negligence) to any person for any loss of damage, consequential or otherwise, suffered or incurred by that person and/or persons in relation to the products and/or services provided by EL-KHOURY CLEANING (including but not limited to loss caused by, or resulting directly, or resulting indirectly from, any failure, defect, deficiency, or any kind of or in the products used or services provided by EL-KHOURY CLEANING).

14. Indemnity

The Client indemnifies EL-KHOURY CLEANING against:

14.1 All losses or liabilities arising directly and/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 as set out in clause 3, or where the liability of EL-KHOURY CLEANING is excluded or limited by virtue of the provisions of clause 13 (whether the losses or liabilities are caused by the negligence, breach of contract, breach of statutory duties, or other act, omission, breach or failure of EL-KHOURY CLEANING) irrespective of whether the provisions of clause 13 are declared void or severed from these terms; and

14.2 All legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by EL-KHOURY CLEANING in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal) as a consequence of EL-KHOURY CLEANING providing the services to the Customer and including any action taken for the recovery of the recovery of the debt from the Customer.

15. Accidents, Breakage, Theft and Damage

15.1 The Client must inform EL-KHOURY CLEANING of any incident where an accident, breakage, theft, or damage to the property has occurred due to any act of the Cleaner within 24 hours of completion of the Service.

15.2 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 EL-KHOURY CLEANING within 24 hours of completion of the Service.

15.3 To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of EL-KHOURY CLEANING under these terms and conditions: cash, jewellery, artworks, antique items, and items of sentimental value and/or great importance.

16. Cancellation Fees

16.1 The Client must provide EL-KHOURY CLEANING at least twenty-four (24) hours’ notice prior to the Service Time, if they wish to suspend, postpone or cancel the Service for any reason.

16.2 In the event that such notice has been given, EL-KHOURY CLEANING will endeavour to reschedule the Service if required.

16.3 In the event that the Client does not provide twenty-four (24) hours’ notice prior to the commencement of the Service, the Client agrees to pay a cancellation fee equivalent to two (2) hours cleaning (inclusive of GST) for administrative costs and losses.

17. Non-Access to Premises Fee

17.1 In the event that the Client does not provide unencumbered access to the Premises for EL-KHOURY CLEANING or its Cleaners to provide the Service, the Client agrees to pay a cancellation fee equivalent to 2 hours cleaning (inclusive of GST) for administrative and travel costs.

18. Termination

18.1 This agreement may be terminated by the Client by providing at least one (1) weeks’ notice prior to the Service Time.

18.2 Subject to clause 18.3, EL-KHOURY CLEANING may terminate this Agreement by providing the Client with at least one (1) weeks’ notice prior to the Service Time.

18.3 EL-KHOURY CLEANING may terminate this Agreement with immediate effect if the Client is in breach of this Agreement, and in the opinion of EL-KHOURY CLEANING, that breach is incapable of remedy.

19. Privacy, Confidentiality and Client Information

19.1 EL-KHOURY CLEANING collects, stores and uses client information for the purpose of managing bookings, providing services, issuing invoices, processing payments, communicating with clients and carrying out related business operations.

19.2 The collection, use, storage and disclosure of personal information is further outlined in EL-KHOURY CLEANING’s Privacy Policy, available on our website. By booking or using our services, the Client acknowledges that they have had the opportunity to review the Privacy Policy and agrees to the handling of their information in accordance with that policy.

19.3 Client information may include, but is not limited to, names, contact details, service addresses, booking details, access instructions, property information, service notes, payment-related information and any information provided through booking forms, enquiry forms, invoices or direct communication.

19.4 EL-KHOURY CLEANING may communicate with the Client by email, telephone, facsimile, SMS, booking system notifications, invoice notifications or other reasonable communication methods for the purpose of providing the Service or managing matters related to the Service.

19.5 EL-KHOURY CLEANING will take reasonable steps to protect personal information and client information from misuse, loss, unauthorised access, modification or disclosure.

19.6 Client information, property details, access instructions, keys, security codes, alarm details, household routines, business operations and other private information are treated as confidential and will only be accessed or shared where reasonably required to provide the Service, manage the booking, process payment, comply with legal obligations or operate the business.

19.7 Authorised staff, Cleaners, contractors or representatives may be provided with relevant client information where required to perform the Service. Such information may include the Client’s name, service address, access instructions, service requirements, safety information and any relevant property notes.

19.8 EL-KHOURY CLEANING will not sell client information or disclose it to unrelated third parties, except where required or authorised by law, where necessary to provide the Service, where required for booking, invoicing or payment systems, or where the Client has provided consent.

19.9 For Clients requiring complete discretion or additional confidentiality arrangements, any concerns or special instructions should be discussed directly with Charbel prior to the Service.

20. Sensitive Premises, Confidential Materials and Medical Items

20.1 Where EL-KHOURY CLEANING provides services at premises that handle sensitive or confidential information, including but not limited to medical centres, allied health clinics, schools, childcare centres, offices or professional environments, the Client must advise EL-KHOURY CLEANING of any restricted areas, confidentiality requirements, site protocols or specific handling instructions prior to the Service.

20.2 EL-KHOURY CLEANING will take reasonable steps to avoid accessing, viewing, moving, copying, photographing or disclosing sensitive information, including but not limited to medical records, diagnostic reports, client files, student records, business documents, personal documents or confidential data.

20.3 Staff and Cleaners assigned to sensitive premises may receive relevant confidentiality instructions and may be required to follow additional site-specific requirements where reasonably necessary.

20.4 EL-KHOURY CLEANING will take reasonable precautions to avoid unauthorised access to, handling of, misuse of or interference with medications, medical equipment, clinical materials or restricted items located at the premises.

20.5 The Client remains responsible for securing medications, medical equipment, confidential documents, restricted materials and any items that should not be accessed, handled or moved during the Service.

21. Changes to this Agreement

21.1 EL-KHOURY CLEANING reserves the right to update or modify these terms and conditions at any time with at least one week prior notice, via letter or email and may do so by in-person communication and disbursement of the updated and/or modified terms and conditions. Each updated agreement will take effect 24 hours after it has been published.

21.2 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.

22. Law and Jurisdiction The Client and EL-KHOURY CLEANING acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of New South Wales and both agree to submit to the exclusive jurisdiction of the courts of New South Wales in the event of any dispute.

23. Severability

23.1 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.

24. Trademarks

24.1 The name “EL-KHOURY CLEANING” is a registered business name made by EL-KHOURY PTY LTD and whether or not EL-KHOURY PTY LTD has registered a trademark for use with this business name, the Client is prohibited from using, exploiting or misusing the name or any trademark associated therewith without first obtaining the prior written authorisation of EL-KHOURY PTY LTD, trading as EL-KHOURY CLEANING. Nothing in this notice is intended to limit or restrict your statutory rights under the ACL.

25. Complaints, Queries and/or Feedback

25.1 All relevant communications can be directed to the company director.