The following terms and conditions (“Terms”) form a legal agreement between You and CleanConnect Pty Limited (ACN 162 436 991), trading as CleanConnect (“CleanConnect”, “Us”, “We” or “Our”) for the use of the Website and services provided through it.
Definitions and Interpretation
- 1.1 Definitions
In these Terms unless the context indicates otherwise:
- Acquisition Fee means the Acquisition Fee described in clause 6.1.
- Award Date means the date on which a Commercial Cleaning Company is awarded a Cleaning Contract by a Client via the Website.
- Client means any business registered on the Website requiring the cleaning services of a Commercial Cleaning Company.
- CleanConnect Commercial Cleaning Company Code of Conduct means the CleanConnect Commercial Cleaning Company Code of Conduct (as may be amended from time to time) which may be accessed on the Website.
- Cleaning Contract means a Contract for the provision of cleaning services entered into between you and a Client as a result of your use of the Website.
- Facility means a facility of a Client.
- Fees means the Acquisition Fee and the Monthly Service Fee.
- Force Majeure means any event, the occurrence of which is outside the control of a party including, without limitation, any act of government (including the imposition of variation of any law, rule, order, ordinance or regulation), accident, fire, insurrection, war, act of God, natural disaster, sabotage, strike or industrial action, embargo or delay in transportation attributable to third party carriers or customs authorities.
- GST has the same meaning as in the GST Act.
- GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
- Monthly Service Fee means the Monthly Service Fee described in clause c).
- Request/s for Tender means any request/s for Tender uploaded by a Client to the Website;
- Response/s to Tender means any responses to a Request for Tender uploaded by you to the Website;
- Termination Notice Date means the date on which the Commercial Cleaning Company provides CleanConnect with written notice that:
- the Cleaning Contract has been terminated; and
- the Commercial Cleaning Company is no longer providing the Client with cleaning services; and
- Website means the website “http://www.cleanconnect.com.au”.
- 1.2 Interpretation
In these Terms unless the context otherwise indicates:
- headings are for convenience only and do not affect the interpretation of these terms and conditions;
- reference to the singular includes the plural and vice versa;
- reference to any gender includes the other genders;
- reference to a person includes a corporation and vice versa;
- reference to a party includes that party's executors, administrators, successors and permitted assigns;
- every obligation entered into by two or more parties binds them jointly and each of them severally;
- a reference to a schedule is to a schedule to these Terms; a reference to a section, part, clause, or other subclause is a reference to a section, part, clause or other subclause in this agreement;
- any annexures and appendices form part of these Terms;
- any document referred to in these Terms will mean that document as well as any other document in substitution for that document which has been approved in writing by the parties;
- where any word or phrase is defined in these Terms, any other grammatical form of that word or phrase will have a corresponding meaning;
- the words “includes” and “including” or words of similar effect are not words of limitation; and
- a reference to a statute, regulation or other law includes all regulations and instruments made under such law and all consolidations, amendments, re-enactments or replacements of it.
- 1.1 Definitions
- The Website and its contents are provided without any representation, term, condition, or warranty of any kind, either express or implied (including whether implied by law, statute, unwritten law, custom or otherwise) in respect of the website and/or its contents. CleanConnect disclaims all representations, terms, conditions and warranties including, but not limited to, satisfactory quality, merchantability, fitness for particular purpose, title and non-infringement of intellectual property rights to the fullest extent permitted by applicable law.
- In addition, CleanConnect excludes any representation or warranty that the information contained on this website is accurate, complete or current.
- The information provided by CleanConnect or third parties on the Website or otherwise is general information only. While every effort has been made to ensure the accuracy of the information contained on the Website, we give no guarantees, undertakings or warranties in this regard, and do not accept any liability arising from any errors or omissions.
Access to the Website
- 3.1 Every effort is made to keep the Website up and running smoothly and fault-free. However, CleanConnect takes no responsibility for, and will not be liable for, the Website being temporarily unavailable for reasons of maintenance/improvement, or due to technical issues beyond our control. We may change, suspend or discontinue any aspect of the Website at any time, including the availability of any of the Website features, databases or content.
- 3.2 We may at our absolute discretion deny you access to the Website (which may include any of the services or information available through it) or any part of it at any time without explanation.
Intellectual Property Rights
- 4.1 All of the information contained on the Website is the property of CleanConnect.
- 4.2 All trademarks, logos, software or any other or any other of its intellectual property rights are the exclusive property of CleanConnect. No copying or distribution for any business or commercial use is allowed. No framing, harvesting, “scraping” or other manipulation of the content of the Website is permitted. You will not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information comprised in the Website; nor will you post to the Website any material which infringes any intellectual property rights of any third party. You may download copy or print any of the pages of the Website for your own personal use provided you keep intact all copyright and proprietary notices.
- 5.1 We will provide personal information provided by you to a range of Clients seeking to enter into a contract with commercial cleaning companies for the provision of cleaning services at their Facility (“Cleaning Contract”) other than those you have expressly stated that your information should not be shared with.
- 5.2 The Clients will consider the information and may use it in their consideration of whether you may be suitable to enter into a Cleaning Contract with. Any decisions made by Clients are solely those of the Clients. CleanConnect is not involved in such decision-making.
- 5.3 We make no representations that a Client will select you to enter into a Cleaning Contract as a result of your using this Website.
- 5.4 We endeavour to ensure that the Clients to whom we provide your information comply with the relevant privacy laws however we are not responsible for the retention, use or privacy of information by them or by any third party that could be related to or associated with these Clients.
Fees & Payment
- 6.1 Acquisition Fee
- You must pay to CleanConnect an Acquisition Fee in the sum of $49.00 (Inclusive of GST) in respect of each and every Cleaning Contract entered into as a result of your use of the Website.
- The Acquisition Fee is payable on the Award Date applicable to the Cleaning Contract by any method acceptable to CleanConnect.
- You acknowledge that the Acquisition Fee is non-refundable.
Monthly Service Fee
CleanConnect will charge a percentage (%) Monthly Service Fee in the amount equivalent to (Below table fee) of the monthly price + GST payable for a cleaning contract as at the applicable award date.
Table Fee (Excluding GST)
Total Yearly Contract Annual Fee Payable
$1 to $49,999 2.5%
$50,000 to $99,999 2%
$100,000 + . 1.5%
- CleanConnect will automatically direct debit this fee via PayPal or Credit Card only:
- Monthly Service Fee will be direct debit every 30 days in arrears for the preceding 30 day period;
- The first Monthly Service Fee will be paid via direct debit through PayPal or Credit Card approximately 45 days after the payment date of the Acquisition Fee for the same Tender secured;
- The last payment will be made on the Termination Notice Date. If necessary, the final payment will be apportioned on a daily basis for a 365 day a year. The Monthly Service Fee will continue to be paid by the Cleaning Company regardless of the contract period secured using CleanConnect until the services between the Client and Cleaning Company ceases to exist. Which then the Cleaning Company must notify CleanConnect in writing via email email@example.com that they are no longer servicing the client.
- Tax invoices issued under this clause a) are payable within 7 days of the date of the tax invoice by any method acceptable to CleanConnect.
- To avoid there being any doubt, you acknowledge that your obligations under this clause are not affected in any way by any late payment or non-payment by a Client under a Cleaning Contract.
- 6.3 Penalty
CleanConnect may charge you daily Penatly on any late payment at the rate 12% per annum from the due date for payment until the date of payment in full.
You agree to pay CleanConnect any fees or expenses (including legal costs on a solicitor/client basis and collection agency fees) incurred by CleanConnect as a result of our being required to enforce your obligations under these Terms or remedy any default.
- 6.1 Acquisition Fee
- 7.1 Words defined in the GST Act have the same meaning in this clause, unless the context makes it clear that a different meaning is intended.
- 7.2 The Commercial Cleaning Company acknowledges that in addition to paying the Fees and any other amount payable for a taxable supply in connection with this agreement (which is exclusive of GST), it will:
- pay to CleanConnect GST on the amount payable; and
- make such payment either on the date when the Fees are due or 7 days after the Commercial Cleaning Company is issued with a tax invoice, whichever is the later.
- 7.3 CleanConnect will promptly create an adjustment note for (and apply to the Commissioner of Taxation for) a refund, and refund to the Commercial Cleaning Company, any overpayment by the Commercial Cleaning Company for GST but CleanConnect need not refund to the Commercial Cleaning Company any amount for GST paid to the Commissioner of Taxation unless CleanConnect has received a refund or credit for that amount.
If the Commercial Cleaning Company disputes any invoice or part of an invoice issued to it by CleanConnect:
- 8.1 the Commercial Cleaning Company must within 30 working days notify CleanConnect of the reasons why such invoice or part is disputed and must not delay payment of the (undisputed) remainder of the invoice;
- 8.2 If the parties are unable to resolve the dispute within 10 days, clause 15 will apply; and
- 8.3 Upon resolution of the dispute (whether by agreement or under clause 15) the agreed amount must be paid by the Commercial Cleaning Company within 10 working days.
You warrant to CleanConnect that:
- 9.1 You are a company duly incorporated in Australia;
- 9.2 Your employees and/or contractors who would provide services to Clients pursuant to a Cleaning Contract will, at all times whilst on the Premises:
- wear uniforms of a neat and clean standard;
- display or carry with them photographic identification; and
- behave in a professional and courteous manner.
- 9.3 You have taken out or will take out by the commencement date of a Cleaning Contract, and will maintain for the entirety of the term of a Cleaning Contract, the following insurance policies with a reputable insurer:
- product and public liability insurance for no less than $10,000,000 per accident or event; and
- Workers Compensation insurance as required by law,
- 9.4 You will comply with the CleanConnect Commercial Cleaning Company Code of Conduct.
- 10.1 You expressly permit CleanConnect to provide to Clients the personal information provided by you.
- 10.2 You agree that all information provided is accurate in all material respects.
- 10.3 You agree, acknowledge and understand that the information you provide will be viewed by Clients and may be used by Clients as part of their recruitment process.
- 10.4 ou are responsible for ensuring that your vocational qualifications, licences and certificates are current and have not been suspended or removed by a professional body that has the right to do so. It is your responsibility to ensure that you maintain all registrations necessary to remain qualified to work in your area of practice.
- 10.5 You agree and understand that CleanConnect may store and process data anywhere in the world and you consent to such processing.
- 10.6 You agree and understand that any information entered and provided by you will be viewed “as is” and may become part of the data being viewed by Clients for their contracting process.
- 10.7 CleanConnect is not responsible for checking the accuracy, validity or completeness of data or information provided by or regarding Clients and does not warrant that any information concerning a Client will be accurate, complete or valid and we will not accept liability for any error therein.
- 10.8 You should obtain independent verification before relying on any information provided on the website in circumstances, which may result in loss or damage.
- 11.1 You acknowledge that nothing in either a request for tender by a Client or your response to a request for tender constitutes an offer capable of acceptance. It is expressly not a contract between you and a Client.
- 11.2 Should you accept an offer of a Cleaning Contract as a result of your use of this Website, CleanConnect will have no involvement whatsoever in the terms and conditions of such Cleaning Contract, which will be solely between you and the Client.
- 11.3 You agree, acknowledge and understand that your information will be viewed by Clients to aid them in selecting a suitable candidate to enter into a Cleaning Contract with. You acknowledge and understand that this may be one of the several factors that a Client is using and there is no guarantee that this will or will not be used.
- 11.4 CleanConnect is not liable for any injury or damage suffered by you in the performance of your obligations under a Cleaning Contract.
Liability & Indemnity
- 12.1 To the extent permitted by law in no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our Website or our Services, however arising, including negligence.
- 12.2 CleanConnect is not liable to you for any losses, damages, expenses or delays that may arise as a result of a Cleaning Contract. Should a Client cancel or alter a Cleaning Contract, CleanConnect is not liable for any loss or expense that may be suffered by you as a result.
- 12.3 CleanConnect has no responsibility or liability relating directly or indirectly to the acts or omissions of Clients.
- 12.4 You indemnify CleanConnect against any damages, losses or expenses arising from any claim brought against you by any party as a result of CleanConnect introducing you to Clients.
- 12.5 To the extent permitted by law, and subject to any contrary requirements arising under any applicable law, our liability, and the liability of our related bodies corporate, affiliates or suppliers, to you or any third parties in any circumstance is limited to AUD$100.
- 12.6 Notwithstanding the above provisions, nothing in these Terms is intended to limit or exclude any liability on the part of CleanConnect and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Competition and Consumer Act 2010 (Cth) and relevant state fair trading legislation.
- 12.7 You agree to indemnify and hold CleanConnect and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising:
- out of your breach of these Terms;
- due to or arising out of information you provide, post, transmit or otherwise make available to CleanConnect;
- from your use of the services provided by CleanConnect including the website; or
- from your failure to provide accurate information.
Limitation of Liabilty & Disclaimer
- 13.1 The information contained on this Website is given in good faith and CleanConnect uses all reasonable efforts to ensure that it is accurate. However, CleanConnect gives no representation or warranty in respect of such information and all such representations and warranties, whether express or implied, are excluded.
- 13.2 No liability is accepted by CleanConnect for any loss or damage which may arise out of any person relying on or using any information on this Website. CleanConnect shall not be liable to any person relying on or using any such information for:
- loss of revenue, loss of actual or anticipated salary; loss of actual or anticipated profits whether arising in the normal course of business or otherwise (including, without limitation, loss of profits on contracts); loss of or damage to business prospects; loss of opportunity; loss of the use of money; loss of anticipated savings; loss of business; loss of goodwill; loss of or damage to reputation; loss of or corruption to data; loss of management or administration time, legal and other professional fees and expenses; or
- any indirect or consequential loss or damages however caused (including without limitation by reason of misrepresentation, negligence, other tort, breach of contract or breach of statutory duty) which arise directly or indirectly from the subject matter of the Website. However, nothing in the above shall limit or exclude CleanConnect’s liability for fraud or for death or personal injury caused by negligence, or to the extent otherwise not permitted by law.
- 13.3 CleanConnect does not guarantee that any Client will ask for your information, or will interview or wish to enter into a Cleaning Contract you. CleanConnect makes no representation or warranty as to the final terms and duration of any Cleaning Contract to be entered into as a result of your use of the Website.
- 13.4 If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidly shall not affect the validly of the remaining provisions, which shall remain in full force and effect.
- 13.5 We strive to protect data transmitted to CleanConnect over the Internet but because such transmissions cannot be guaranteed to be 100% secure, we do not warrant the security of personal information transmitted in this way, but we will make every effort to make it secure on our own systems.
No Partnership or Agency
Nothing in these Terms is intended to or shall operate to create a partnership between you and CleanConnect, or authorise a party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
- 15.1 Any dispute whatsoever arising out of or in connection with this contract shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.
- 15.2 If the dispute or difference is not settled within 30 days of the submission to mediation (unless such period is extended by agreement of the parties), it shall be and is hereby submitted to arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Rules for the Conduct of Commercial Arbitrations.
- 15.3 Notwithstanding the existence of a dispute or difference each party shall continue to perform the Contract.
- 16.1 These Terms will be governed in all respects solely by the laws of the State of New South Wales, Australia. You and CleanConnect irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
- 16.2 The provisions of these Termsare severable, and if any provision of these Termsis held to be invalid or unenforceable, the provision may be removed and the remaining provisions will be enforced.
- 16.3 CleanConnect may assign its rights under these Terms to a third party without your consent in the event of a sale or other transfer of some or all of the assets of CleanConnect. In the event of any sale or transfer you will remain bound by these Terms.
- 16.4 Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
- 16.5 If a performance by a party of any obligation under these Terms (other than the payment of money) is prevented, restricted or delayed by Force Majeure then that party shall be excused from and shall not be liable for failure in performance to the extent of that prevention, restriction or delay and the time for performance shall be extended accordingly.
- 16.6 These Terms may not be construed adversely against CleanConnect solely because we prepared it.
- 16.7 These Terms sets out the entire understanding and agreement between CleanConnect and you with respect to its subject matter.
- 16.8 All payments made pursuant to these Terms must be in Australian dollars. a method approved by CleanConnect from time to time.
- 16.9 Clause 4, 12, d) and 16.1 will survive animation or expiration of these Terms.