- Definitions
Versatile Property Services Pty Ltd is the principal contractor of goods and services known as Versatile Property Services and/or Versatile Property Services Pty Ltd, ABN: 39 164 283 336.The Customer means the person/s, firm, or company requesting the supply of goods or services. This is the party to whom the goods and services are provided and/or in whose name an account is maintained by Versatile Property Services.Goods mean the consumable items, or any products provided by Versatile Property Services for the Customer for use at the customer site.
Services mean a regular or one-off cleaning service provided by Versatile Property Services at the premises requested by the Customer.
- Term
The Agreement shall automatically renew at the end of the Term (and any Further Term) for a further one (1) year (Further Term) unless you give us written notice to info@versatileservices.com.au of termination at least thirty (30) days prior to the end of the relevant term. - Prices
Prices are calculated on an annual basis and this amount is then divided into 12 equal monthly payments. No deduction or discount will be applicable in the event of any unused service days – including Easter, Christmas, and other gazetted holidays or periods where a customer may close their premises. The Contract does not include the provision of a service on public holidays or where applicable, bank holidays, unless specified in writing by Versatile Property Services. All prices quoted exclude GST. - Invoicing
Unless otherwise agreed in writing, all accounts must be paid within 7 days of the date of our tax invoice. Invoicing shall take place in advance and all accounts are sent by email within the first week of each month. Invoices are payable in accordance with the terms on the quote document. At no time can the customer short pay or waive payment of any invoiced fee without acceptance by Versatile Property Services. Amounts owing after the due date may accrue interest at the rate of 15% per annum, calculated daily from the first day overdue until payment. All remittances and accounts queries are to be directed to Versatile Property Services by email at accounts@versatileservices.com.au - Fees & Charges
Versatile Property Services may increase its base service fees annually or from time to time.
Versatile Property Services may charge fees for processing credit card and cheque payments, and late payment fees on outstanding invoices. If Versatile Property Services are required to appoint a recovery agent, debtors will be held accountable for any recovery costs. The Customer shall agree to pay and reimburse Versatile Property Services for legal costs, or other expenses incurred in respect of the preparation of any documentation required by Versatile Property Services secure the provision of credit to the customer together with all collection and enforcement costs and expenses which Versatile Property Services may suffer or incur in connection with the sale of goods or supply of services or provisions of credit to the Customer including (without limitation) legal costs on a full Indemnity basis.
- Specification Changes
We reserve the right to alter our fees should the scope or complexity of the work change from that originally contracted. Should a change in fee be necessary, written notice will be given and your invoicing will be amended from the date a change occurred. Your service specification is found only in the proposal document provided. - Consumables
If the Customer agrees to allow Versatile Property Services to manage and provide adequate consumable stock as needed, the customer must notify Versatile Property Services of any faulty items within 7 days of receipt of the goods. A restocking fee and freight will be charged for returns. Delivery fee will be charged on stock orders of less than $150.00 supplied to Customer sites. The customer shall reimburse Versatile Property Services for all garbage bags and bins liners used by cleaners at customer sites. - Events beyond the control of Versatile Property Services
Versatile Property Services will be exempted from performing its obligations under this Agreement for so long as it is unable to do so due to reasons beyond its reasonable control (i.e. Customer changes alarm or access codes, or customer changes locks and does not supply new codes and/or locks to Versatile Property Services). Under these circumstances, Versatile Property Services shall still be paid for the service irrespective and shall not incur any expenses, nor suffer damages, for such withdrawal of services. - Complaints
If the Customer is dissatisfied for any reason with the Service provided, it must inform Versatile Property Services within 24 hours of completion of the Service. Versatile Property Services prides itself on exceptional customer service and will respond as fast as reasonably possible. It is at the discretion of Versatile Property Services as to whether there is any alterations, refunds or remedies provided as a result of the complaint.
- Termination
Either Party may terminate this Agreement by notice in writing to the other if the Party notified fails to observe any term of this Agreement and fails to rectify this breach, to the satisfaction of the notifying Party, following the expiration of 28 days’ notice of the breach being given in writing by the notifying Party to the other Party.Notwithstanding anything in this Agreement to the contrary, the Company may terminate this Agreement at any time by notice in writing to the Service Provider, if the Service Provider or any of the Service Provider’s Personnel is guilty of any dishonesty, serious misconduct, or serious neglect of duty, in or in connection with the provision of the Services.Either Party may terminate this Agreement upon the happening of any of the following events: the giving of at least 28 months’ written notice by one Party to the other Party of the intention to terminate this Agreement. If the Company enter in a deed of arrangement or an order is made for it to be wound up. If an administrator, receiver or receiver/manager or a liquidator is appointed to the Company pursuant to the Corporations Act 2001 (Cth); or if the Company would be presumed to be insolvent by a court in any of the circumstances referred to in the Corporations Act 2001 (Cth).
The Company may, at its discretion, pay to the Service Provider the equivalent amount of the fees payable by the Company to the Service Provider during the notice period in lieu of any notice period relating to termination of this Agreement under paragraph (c)(i).
Upon termination of this Agreement any fees, expenses, or reimbursements payable by the Company to the Service Provider in respect of any period prior to the Termination Date must be paid by the Company within 14 days after the Termination Date.
Upon termination of this Agreement for any reason, the Service Provider shall deliver, and require that its employees, agents and subcontractors deliver, to the Company all Materials and any other property of the Company which are in the possession or control of the Service Provider or the Service Provider’s employees, agents or subcontractors at the date of termination.
- Changes in Ownership
In the event of the Customer, being an individual or partnership, incorporates his/her business and the Company continues to use the existing account, or the account is used by a Company of which he/she is a Director, he/she hereby agrees to personally guarantee all due debts. If ownership of the Customer’s business changes, the Customer will remain liable for all debts incurred on this account until such time as Versatile Property Services is notified in writing of such change to info@versatileservices.com.au
- Change of Worker
Versatile Property Services agrees to provide the services contained in the specification and at its discretion may change the allocated cleaner servicing the customer site at any time.
- Restrictive Covenant
The Customer agrees that should the cleaning contract be terminated for any reason, for a period of one (1) year from the date of termination, the Customer will not solicit or engage any Versatile Property Services employee or Subcontractor to work directly for the Customer in any capacity unless a selection fee equal to 30% of the Versatile Property Services employee or Subcontractor’s last 12 month’s invoices is paid by the Customer or recruiting organisation to Versatile Property Services. For the purposes of this covenant not to compete, competition is defined as soliciting or accepting employment by, or rendering services to, any person or organisation that is or was a customer of the Versatile Property Services
- Jurisdiction
The proper law of all contracts arising between Versatile Property Services and the Customer is the law of the State of New South Wales and the parties agree that all claims and disputes relating to the goods sold shall be determined in the Court of competent jurisdiction nearest Sydney.
- Copyright
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 Versatile Property Services Pty Ltd.
- Changes to this agreement
Versatile Property Services Pty Ltd 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.
- Headings
Headings to sections and paragraphs of this document are for ease of reference only.
- Versatile Property Services agrees to:
- Provide the services referred to in the specification, on an ongoing basis in accordance with the Versatile Property Services Terms & Conditions until the termination of this agreement by either party and giving 30 days’ notice in writing.
- Comply fully with all current legislation.
- Ensure the security and confidentiality of your premises.
- Always conduct itself in a courteous manner.
- Perform the Services with due care, skill and diligence.
- Conduct regular site visits to verify quality assurance standards.
- Be responsible for the good and proper conduct of all persons controlled by us in the performing of the Services, and shall either personally or by a responsible representative, supervise their performance of the Services.
- Provide on-going training for our employees on specific and best practice cleaning procedures.
- Discharge your obligations reasonably and in good faith.
- The Customer agrees to:
- Provide access keys, swipe cards and alarm codes to the allocated Contractor for cleaning outside normal business hours.
- Advise Versatile Property Services of any restrictions on access to premises or any part thereof, provided that Versatile Property Services will not be liable for any loss or damage whatsoever if it has not confirmed in writing that it has received such advice.
- Settle all accounts in full by the due date.
- Record any accidents or damages in the Versatile Property Services Communications Documents
- Keep Versatile Property Services advised of any contact changes.
- Provide us with your specific requirements, relevant information, specifications, drawings and other documents, if any, in relation to the Services. We may not be able to commence any work until we have received all necessary details pertaining to the Agreement.
- Take all reasonable steps to avoid doing or omitting anything which may delay us in performing the Services.
- Provide training specific to you and/or the premises at which the Services are to be conducted, including but not limited to safety and procedural matters.
- Discharge your obligations reasonably and in good faith.