0ffdust.com.au (A.B.N. 309 225 75 402) (“OffDust”) operates an online platform at (the “Website”) through which customers ("You") can book a OffDust Cleaning Team for the provision of domestic and office cleaning services ("OffDust services"), by submitting a Booking Request. OffDust then matches the most suitable OffDust Cleaning Team from its database of teams to the Booking Request.
OffDust cleaning team is in the business of providing domestic and office cleaning service.
The User enters into two contractual relationships. The first contract being with OffDust, governing the access to and use of the Website in accordance with the terms and conditions of this Agreement. The second contract is with the cleaning team for the provision of OffDust services (“Cleaning Agreement”).
AND THE PARTIES HEREBY AGREE:
Access to and use of the Website is subject to the terms and conditions outlined in this agreement (the “Terms”).
1. Definitions and Interpretation
1.1. In these Terms (including the recitals), unless the context otherwise requires:
“Booking” means the booking made by you on the Website for the provision of OffDust services;
“Booking System” means the online system which enables you to make a Booking;
“Cleaning Fee” means the fee (inclusive of goods and service tax, if applicable) for the OffDust services charged on an hourly basis or flat price, as advised by OffDust from time to time;
“Intellectual Property Rights” means all present and future rights anywhere in the world in relation to copyright, trademarks, designs, patents or other proprietary rights, or any rights to the registration of such rights whether existing before or after your access to the Website;
“Payment Amount” means the amount that you are required to pay for the OffDust services under your Booking;
“Site Content” means all material, content, and information made available on the Website including but not limited to written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression;
“you”, “your” means you as the user of the Website.
1.2 In these Terms, unless the context otherwise requires:
(a) headings are for convenience only and do not affect its interpretation or construction;
(b) the singular includes the plural and vice versa;
(c) references to recitals, clauses, subclauses, paragraphs, annexures or schedules are references to recitals, clauses, subclauses, paragraphs, annexures and schedules of or to these Terms;
(d) words importing a gender include other genders;
(e) the word “person” means a natural person and any association, body or entity whether incorporated or not;
(f) where any word or phrase is defined, any other part of speech or other grammatical forms of that word or phrase has a cognate meaning;
(g) a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
(h) all monetary amounts are in Australian currency;
(i) a reference to time refers to Western Australia Standard Time;
(j) “includes” is not a word of limitation;
(k) no rule of construction applies to the disadvantage of a party because these Terms are prepared by (or on behalf of) that party;
(l) a reference to anything is a reference to the whole and each part of it;
(m) a reference to a group of persons is a reference to all of them collectively and to each of them individually; and
(n) a reference to a document includes all amendments or supplements to, or replacements or novations of, that document.
2. Terms and Conditions
2.1. Access to and use of this Website is governed by these Terms.
2.2. OffDust periodically reviews the Terms and reserves the right to change the Terms, without any notice to you, by updating this document. You should review this document, as on the Website, regularly as any changes to the Terms take immediate effect from the date of the publication on this document. Your continued use of the Website after any such changes are made will be deemed to constitute your acceptance of those changes.
2.3. You acknowledge that any hyperlinks or other redirection tools taking you to other operated by third parties that appear on the Website (“Third Party Sites”) are not controlled by OffDust and do not form part of the Website. You agree that you will not hold Offdust liable or in any way accountable for anything that occurs on any Third Party Site.
3.1. In order to use this Website and make a Booking, you must first agree to the Terms.
3.2. You accept the Terms by:
(a) creating a User Profile; and
(b) clicking to accept/agree to the Terms.
3.3. Notwithstanding clause 3.2, you may not accept the Terms or access the Website if:
(a) you are not of legal age to form a binding contract with OffDust; or
(b) you are a person barred from entering into contracts under the legislation,
in which case, you must immediately leave the Website.
3.4. By accepting the Terms, you agree that this is clear and unequivocal proof that the Terms are not unconscionable, that there is no unfair bargaining power or position, that there is no duress, and that you have carefully read and understood the Terms.
3.5. If you do not understand any part of the Terms you should seek independent legal advice.
4. User Profile
4.1. You will be required to register your personal information, including your name, address, phone number and payment details on the Website in order to make a Booking (“User Profile”).
4.2. You will be issued with a username and password which are linked to your User Profile. The username and password are personal to you and are not transferable. You are responsible for all information posted on or transmitted via the Booking System by anyone using your username and password and any payments due for the OffDust services acquired through the Booking System by anyone using your username and password. You should notify us of any breach of security of your username and password immediately.
4.3.OffDust may delete or block User Profiles at its own discretion. Blocked users are prohibited from setting up a new User Profile.
5. Booking System
5.1. To make a Booking you must log in to your User Profile and use the Booking System to request a Booking. There is a minimum of one bedroom for flat-priced bookings. You will receive a Booking request confirmation receipt from OffDust after submitting your Booking request.
5.2. OffDust will then make your contact details, location, requested time and the scope of the OffDust Service available to their Business network. An available Business will then confirm their acceptance of the Booking.
5.3.OffDust will take your preference into account when facilitating our service, however, a specific team cannot be guaranteed and will depend on the team’s availability.
5.4. When a Booking is confirmed, we will issue you with an acceptance email.
5.5. If the requested Booking cannot be facilitated, OffDust will arrange an alternative time for the OffDust Service with you and our team.
5.6. You are not permitted to engage the OffDust services of OffDust cleaning team other than through the Booking System on the Website.
5.7. The Booking System is provided on the Website to enable you to make legitimate Bookings and to make payments for those Bookings, and for no other purposes.
5.8. You confirm that you are at least 18 years of age and possess the legal authority to use the Booking System in accordance with these Terms. You also agree that all information supplied by you in using the Website and the Booking System will be true and accurate at all times.
5.9. Any speculative, false or fraudulent Booking is prohibited. You agree that the Booking System will only be used to make legitimate Bookings for you or another person for whom you are legally authorised to act. You acknowledge that abuse of the Booking System may result in you being denied access to the Booking System.
5.10. OffDust has the right at any time to add, change or withdraw functions available on the Website at its own discretion.
5.11. To book an OffDust service, the Customer may make a Request from within OffDust (or otherwise, at the Company’s discretion, request an OffDust in writing to the Company).
5. 12. OffDust service Request will ordinarily be confirmed as soon as possible and within 24 hours.
5. 13. OffDust reserves the right to change the quotation if the property conditions are different to those described or the customer's original requirements are altered.
6.1. You agree that at the time of Booking, your payment details will be transferred to Offdust’s secure payment gateway or Bpay unless you are paying by cash. OffDust may check the availability of funds on your nominated payment method to ensure sufficient funds are available.
6.2. Upon the successful completion of your OffDust Service, you agree to the automatic debit of the Payment Amount to your nominated payment method. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at the time of debit will be passed onto you.
6.3. On receipt of the Payment Amount, OffDust will hold the Payment Amount on behalf of the team until such time as they are remitted to the team, refunded to you (if you are entitled to a refund) or transferred to OffDust in payment of our fees and charges. No interest will be payable by OffDust to you or our cleaning team on amounts held by OffDust.
6.4.OffDust, on behalf and in the name of our cleaning team, will issue you with an invoice.
7. Changes and Cancellations
7.1. The Customer may cancel any booking in OffDust website no less than 48 hours prior (for example, a Friday booking must be canceled by 6.00pm on Wednesday) without penalty or charge.
7.2. If you cancel a booking within 24 hours before the OffDust Service is scheduled to begin, you will have to pay cancellation costs equivalent to the value of the total booking fee and if you cancel a booking within 48 hours before the Service begins the cancellation cost is a half of your service fee due to us blocking out a spot in our schedule for your cleaning.
7.3. You cannot amend, extend or cancel a Booking during the performance of the Services.
7.4. Where a scheduled team is unable to attend the OffDust service, OffDust shall use its best endeavors to find a replacement team, however, if an alternate team cannot be found, OffDust shall not be liable to the Customer (although no OffDust service Fees will be charged).
7.5. You can reschedule OffDust service up to 48 hours before the service at no charge. Within 48 hours of your service, OffDust doesn't guarantee to find a replacement team. If an alternate team cannot be found, your booking fee will be applied as your credit.
7.6.1 Any fortnightly or other recurring booking canceled after the first cleaning that always requires extra effort by our cleaning team will be retroactively charged the one-time cleaning rate with a cancellation fee $100 due to us blocking out a spot in our schedule for your cleaning and any reduced rates charged on the basis of the recurring booking will not apply. You agree that such fee is a genuine and reasonable estimate of the loss OffDust will suffer as a consequence of your cancellation. We reserve the right to reduce the fee payable under this clause 7.6 at our discretion.
7.6.2. Your next booking will be automatically placed the same day and time for your next service. For example, if you booked weekly base cleaning on Monday 9 AM, your next booking will be reserved on next Monday 9 AM without notice.
7.6.3. In order to reschedule your service day or time, You must notify it up to 48 hours before the service in accordance with clause7.5.
8.1. OffDust will provide a refund or credit of some or all of our service fee (as appropriate) where, by no fault of the Customer, the OffDust service is not performed or cannot be satisfactorily completed. Otherwise, no other refunds are provided except where required under law.
8.2. Should the Customer be entitled to a refund as a result of a breach of this Agreement by the team, the refund will be limited to the Payment Amount.
9. 100% Guarantee
Our 100% Guarantee represents our commitment to you. Should you have a concern with our cleaning service you have received, we will work with you to make it right.
Here’s the procedure:
Call us within 24 hours of your cleaning and provide us with details of your concerns and/or issues.
Photos of concerned areas must be required prior to revisiting or refunds.
48 hours grace period is given for End of lease cleaning.
We will re-schedule the clean at no cost to you on the following business days. Our team will return to your home and address the areas of concern. Please note that re-cleans must be completed within 7 business days of the last service to be eligible for credit or refund of service.
After the re-cleaning, if you still have concerns regarding the clean, we will review your issues once again and if we are unable to address your concerns, we will fairly provide a credit or a refund to you.
10. OffDust Services
10.1. Our cleaning team agrees to arrive at the Location on time (being the time specified by the Customer).
10.2. Our cleaning team will undertake the OffDust service to a professional standard, for the duration and/or outcome booked in the OffDust service checklist. Where the OffDust service is not completed to a satisfactory standard (as determined by the Company, acting reasonably) our cleaning team will rectify the issue at the earliest availability.
10.3. Where the OffDust service Fee includes the provision of Equipment & Materials, our cleaning team will ensure they have those with them.
11.1. OffDust may at its discretion terminate your use of, or access to, the Website at any time. If this happens we may notify you by email. If your use of the Website is terminated:
(a) you are no longer authorised to access the Website or use any other OffDust services with the email address you used to register with the Website or any other email address you possess;
(b) you will continue to be subject to and bound by all restrictions imposed on you by the Terms; and
(c) all licences granted by you and all disclaimers by OffDust and limitations of Offdust’s liability set out in the Terms or elsewhere on the Website will survive termination.
11.2. You may terminate this agreement by emailing Offdust firstname.lastname@example.org OffDust will disable your User Profile within fourteen (14) days of receipt of the email requesting termination of your User Profile.
11.3. OffDust reserves the right to deduct any outstanding fees and charges owing to OffDust and/or the cleaning team on your User Profile prior to disabling it.
12. Dispute Resolution Policy
12.1. OffDust will use reasonable endeavours to mediate any dispute concerning the use of the Website.
12.2. Disputes in relation to the OffDust services carried out by our cleaning team or any other issue will be referred, where appropriate, to external dispute resolution services or authorities.
12.3. Breakage and Loss Policy
12.3.1. The Customer agrees that the team is not liable for minor wear and tear during the OffDust service. The team shall not be liable for any breakage with a value of under $100 if such breakage was genuinely accidental and in the course of providing the OffDust service. The Customer agrees that the team shall have the first right to rectify, repair or resupply services to remedy any damage or incomplete work.
12.3.2. If there is a breakage or loss during your cleaning above $100, notification of such an event must be made to OffDust within 24 hours of service, by email or phone. Once Offdust receives the notification, a form will be sent to you to be filled out. Please note the form needs to be received within 30 days after the incident occurs.
12. 4. Hoarding & Hazardous Condition Policy
12.4.1. The Customer must ensure that it provides our cleaning team with a safe working environment, whether in a domestic or commercial setting. Without limitation, the Customer agrees to safely restrain all animals, ensure that all electrical equipment is in safe working order (and approved for use), there are no dangerous environments (such as live exposed electricity), and there are no unannounced persons in the Location.
12.4.2. If your property is deemed a hazardous cleaning situation that goes over and above our normal cleaning environment that is covered by our cleaning packages, our cleaning teams have the right to walk away. Upon such a service, you will be charged a $50 booking fee due to holding your space in our schedule.
11. Security of Payment
11.1. We have taken all practical steps from both a technical and systems perspective to ensure that all of your information is well protected. A secure payment gateway is used to process all transactions and credit card details. OffDust does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.
12.2. You agree that OffDust will disclose your personal information, including your name, address and phone number to our cleaning team in order for our cleaning team to carry out the OffDust services.
13. Intellectual Property
13.1. The Site Content is protected by copyright and OffDust reserves all Intellectual Property Rights which may subsist in the Site Content and/or the Website.
13.2. By accepting the Terms, you are granted a non-exclusive licence to:
(a) view the Website;
(b) print pages from the Website in its original form; and
(c) download any material from the Website for caching purposes only.
13.3. You must not, without Offdust’s prior written consent which may be withheld at its absolute discretion:
(a) copy, republish, reproduce, duplicate or extract Site Content;
(b) redistribute, sell, rent or licence any Site Content; or
(c) edit, modify or vary the Site Content.
14. Acceptable Use
14.1. You must not use, or cause this Website to be used, in any way which:
(a) breaches any clause of the Terms;
(b) infringes Offdust’s or any third party’s Intellectual Property Rights;
(c) is fraudulent, illegal or unlawful; or
(d) causes impairment of the availability or accessibility of the Website.
14.2. You must not use, or cause this Website to be used, as a medium which stores, hosts, transmits sends or distributes any material which consists of:
(b) computer viruses;
(e) keystroke loggers; or
(f) any other malicious computer software.
15. Indemnity and Liability
15. 1. You agree that it uses OffDust at its own risk.
15. 2. You agree to indemnify the Company for any loss, damage, cost or expense that the OffDust may suffer or incur as a result of or in connection with your use of or conduct in connection with OffDust, including any breach by the customer of these Terms.
15. 3. In no circumstances will OffDust be liable for any direct, incidental, consequential or indirect damages, personal injury, death, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the customer’s access to, or use of, or inability to use OffDust, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not OffDust knew or should have known of the possibility of such damage, loss, personal injury or death, or business interruption of any type, whether in tort, contract or otherwise.
15. 4. Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, OffDust and the Offdust’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
The re-supply of services or payment of the cost of re-supply of services; or
The replacement or repair of goods or payment of the cost of replacement or repair.
16. Warranties and Representations
16.1. The use of this Website is at your own risk. The Site Content and everything from the Website is provided to you on an “as is” and “as available” basis without warranty or condition of any kind.
16.2. None of Offdust’s affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about the Site Content or Website.
17. General Provisions
17.1. Any provision of or the application of any provision of these Terms which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
17.2. Any provision of, or the application of any provision of these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
17.3. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms.
17.4. These Terms shall be governed by and construed in accordance with the law for the time being applicable to Western Australia and you agree to submit to the non-exclusive jurisdiction of the Courts of Western Australia.
18. Unpaid Services
18.1 By using our cleaning services you agree to the following payment terms.
18.1.1 Unpaid Services: Invoices must be paid within 7 days of issue. Failure to do so will incur additional charges which are non-negotiable.
18.1.2. After 7 days outstanding, a further 10% will be added to the invoice as a late payment fee per week.
18.1.3. Your next booking will be automatically canceled with 2 weeks outstanding and will incur $50 cancel fee due to us blocking out a spot in our schedule for your cleaning.
18.1.4. If the correct amount of cash is not prepared for locally paid, our cleaning team will contact you to ask you to either proceed the service or not. If you cancel at this stage, $50 cancel fee will incur for a part of which is allocated to our team for loss of work.
18.1.4. In addition to the amounts set out above, the Customer agrees to indemnify OffDust for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by OffDust 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.
18.1.5 OffDust reserves the right to report any non-payment to either a collection agency and or is not limited to also report non-payment to the Rental Tenancies Authority (RTA) and or your property agent at its sole discretion and in doing this may affect your credit rating and our ability to seek rental properties in the future.
18. 2. Payment Options
Cash: We accept cash payment prepared when our cleaning team picks up after performance completed.
Credit Card: OffDust takes your privacy and security very seriously. Our website employs a encryption and our booking system uses a encryption to ensure all of your personal details are safe and confidential.
Bank Transfer: We accept bank transfer in a case of your request. The payment must be confirmed 3 days prior to the OffDust service. OffDust account detail will be informed on your tax invoice.
BPay: We offer BPay option for your safe bank transaction. Once your booking has been confirmed OffDust issues your BPay invoice with your unique customer reference number. The payment must be confirmed 3 days prior to the OffDust service.
We will only issue official quotes on a letterhead to jobs we have physically inspected onsite. All other forms of quotation are indicative only and subject to change.
In the event of a quoting error, we hold the right to void the quote in question and issue a new one.
19. End of lease cleaning
19.1. Booking A End of lease cleaning Service
It is imperative that when booking a service, that the customer picks the correct service. Nor is a Spring cleaning service to be selected in place of our End of lease cleaning service.
19.2 If a customer books a Spring cleaning service when they are moving out from their home, the customer gives us the right to charge the End of lease cleaning cost to them.
19.3 We will let the customer know in advance that we will be charging an end of lease cleaning rate, via email and text message.
19.4 If the customer refuses to pay the excess, the customer gives us the right to cancel the job and charge a non-refundable fee equivalent to one hours work for two cleaners ($100).