Tedeer Cleaning Pty Ltd ('the Agent') agrees to arrange a qualified Contractor to perform the Tasks for the Customer in accordance with the terms and conditions herein.

 

1. Customer’s obligations

1.1. The Customer shall:

1.1.1. Pay the Fee to the Agent as per the amount set out in the Invoice.

 

2. Agent’s obligations

2.1. The Agent shall:

2.1.1. Arrange a qualified Contractor to perform the Tasks for the Customer,

2.1.2. Convey the details of the Tasks to the Contractor, and

2.1.3. Collect payment from the Customer, and make payment to the Contractor.

 

3. Fee and payment

3.1. Payment will be made at the time the relevant engagement is confirmed between the Customer and the Agent.

3.2. The fee of the engagement shall be as agreed upon by the Parties in accordance with the Invoice. The Customer acknowledges that the fee of the Invoice is subject to change at any time without notice.

 

4. Performance of Tasks

4.1. The Customer acknowledged that each Contractor stands as an independent entity distinct from the Agent, and recognised that the Contractor is not an employee of the Agent.

4.2. The Customer acknowledged that the Contractor is an independent contractor willing and able to perform tasks specified in the Invoice.

4.3. The Customer releases the Agent to the fullest extent permitted by law from and against all claims howsoever arising in the course of or by reason of the performance of this Contract.

4.4. Acceptance of Tasks is subject to approval and acceptance by the Agent in its absolute discretion. The Agent may in its absolute discretion refuse to arrange a Contractor to the Customer without giving any reason for its decision.

4.5. Upon accepting the Contract, the Agent will arrange a qualified Contractor to perform Tasks in accordance with the Invoice. Performance of Tasks will be at the Customer’s Nominated Address unless otherwise expressly agreed between the Parties.

4.6. Performance of Tasks will be deemed to be accepted upon performance.

4.7. The Agent does not warrant that the Contractor will perform Tasks within any time frame.

4.8. The Agent shall not be liable in any way whatsoever for any losses, costs, damages or expenses incurred by the Contractor.

4.9. The Agent shall not bear any liability whatsoever for any losses, costs, damages, or expenses incurred by the Customer due to the unavailability, or nonperformance of Tasks, potential delays or actual delays in Tasks perform by the Contractor to the Customer, or any failure to meet a specified performance date as communicated by the Agent to the Customer.

4.10. The Agent shall not assume liability for the actions of the Contractor. In the event that Tasks are performed to the Customer by the Contractor, and the Customer is dissatisfied with the quality of the Tasks performance, the Agent shall not be held responsible for any losses experienced by the Contractor due to subpar Tasks performance. In the circumstance, the Agent will rearrange the Contractor the re-preform the Tasks.

 

5. Risk and Insurance

5.1. The risk in the Tasks performance shall pass to the Customer the upon performance of Tasks performed by the Contractor.

5.2. If the Customer has any concerns, they should acquire their own insurance before entering into the Contract.

 

6. Passing of Risk & Limitation of Liability The Customer shall immediately, upon completion, inspect the performance of the Tasks and is deemed to have accepted the Tasks performance as satisfactory unless a claim is made within 24 hours after completion in writing and the Tasks performance must be made available to the Agent for reinspection, failing which the Tasks are deemed to be completed and without faults.

6.1. Upon acceptance of the completion of the Tasks the Customer accepts any liability for loss, damage or injury or any other consequences arising after the completion of the Tasks, and the Customer shall indemnify the Agent from and against any and all claims, demands, obligations, causes of action, liabilities, expenses and damages which arise or relate to any alleged fault arising after the completion of the Tasks.

6.2. To the maximum extent, all terms, conditions, warranties, undertakings, inducements or representations that would be implied, statutory or otherwise, relating in any way to the performance of the Tasks under this Contract are excluded.

6.3. The Agent’s liability for loss and damages is limited, to the maximum extent permitted, to the Fee specified in the Invoice.

6.4. The Customer warrants that it has not relied on any term, condition, warranty, undertaking, or representation made by or on behalf of the Agent which has not been stated expressly in this Contract or upon any descriptions or illustrations or specifications contained in any document.

6.5. The Customer covenants and agrees to release the Agent, its successors and assigns, as well as its officers and agents from all actions, claims, demands and causes of action which they may have against the Agent, its officers or agents in respect of, arising out of or resulting from arrange a qualified Contractor to the Customer.

6.6. In the event negligence, default, or breach of any terms and conditions occurs, each party must take reasonable steps to mitigate any loss it suffers or incurs.

6.7. The indemnities and releases in the Contract are continuing obligations independent from the other obligations of the parties under the Contract and will continue after the Contract ends.

 

7. GST

7.1. If the Agent has any liability to pay Goods and Services Tax (GST) on the supply of any goods or services to the Customer, the Customer must pay to the Agent an amount equivalent to the GST liability of the Agent at the same time as the consideration is paid for the goods or services.

 

8. Termination of Contract ss

8.1. The Agent may terminate the Contract, without having to perform any of its obligations under the Contract, immediately by notice in the event the Customer:

8.1.1. breaches any clause of the Contract and such breach is not remedied within 7 days of written notice to the Customer; or

8.1.2. materially breaches the Contract and the breach is incapable of remedy. 8.2. Termination of the Contract shall not relieve the Customer of:

8.2.1. its obligation to pay all money owed by it to the Agent on any account whatsoever, and all monies shall be payable immediately; and

8.2.2. liability arising from any antecedent breach of the terms of the Contract.

8.3. Upon termination of the Contract for any reason the Agent:

8.3.1. may retain any monies paid by the Customer;

8.3.2. charge a reasonable sum for Tasks performance in respect of which no such amount has previously been charged and the Customer agrees to pay such charge;

8.4. The termination of the Contract is without prejudice to any rights which have accrued to a party before the date of termination.

 

9. Entire Agreement & General Provisions

9.1. The Contract governs the trading relationship between the Agent and the Customer. All arrangement made by the Agent to the Customer shall incorporate the terms and conditions of this Contract and they shall constitute the entire agreement between the parties, and no variation to this Contract will be made or binding unless reduced to writing and signed by both the Agent and the Customer or their duly authorised representatives, servants or agents.

9.2. The Contract, unless varied in accordance with clause 9.1, shall prevail and take precedence over any other document or verbal exchanges between the parties, any terms or conditions contained or referred to elsewhere or implied by trade custom, practice or course of dealing.

9.3. The rights and obligations of the parties under the Contract do not merge on completion of any transaction contemplated by the Contract.

 

10. Variations

10.1. The Agent reserves the right to vary the Contract and its terms and conditions at its discretion.

 

11. No Waiver

11.1. The Agent’s failure to insist upon strict performance of any provision of the Contract shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Customer in performance or compliance of any of the Contract. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.

 

12. Set Off

12.1. The Customer acknowledges that it has no right to set off, withholding or counter claim in respect of any monies which are or become payable by it under the Contract against any monies or claims which the Agent may be liable for in connection with the Contract.

 

13. Notices

13.1. Any notice, request, demand, consent or approval sent pursuant to the Contract must be legible and in English addressed to the appropriate party and is deemed received:

13.1.1. where posted, 3 business days from and including the date of postage;

13.1.2. where delivered by hand, when delivered to the addressee; or

13.1.3. where faxed or e-mailed, when received by the addressee or if receipt is on a non-business day or after 4.00pm (addressee time) then at 9.00am the following business day.

 

14. Severability

14.1. If any clause or part clause of this Contract shall for any reason be declared or become unenforceable, invalid, illegal or otherwise incapable of enforcement for any reason whatsoever, that clause or part clause shall be deemed to be severed from this Contract and of no force and effect, but all other clauses and parts of clauses shall nevertheless prevail and remain in force and effect and be valid and fully enforceable and no clause or part clause shall be construed to be dependent upon any other clause or part clause unless so expressed herein.

 

15. Jurisdiction

15.1. This Contract shall be governed by and construed in accordance with the laws of Australian Capital Territory.

 

16. Definitions

Contract means this Terms and Conditions.

Contractor means an independent contractor arranged by the Agent to perform the Tasks for the Customer.

Customer means the customer named in the Invoice.

Fee means the fee specify in the Invoice.

Invoice means the invoice form to which this Contract is annexed to.

Nominated Address means the nominated address specified in the Invoice.

Tasks means any tasks performed by the Contractor in accordance with the Invoice.

Parties mean the Agent and the Customer collectively.