Terms and Conditions

These Terms and Conditions (Terms) govern your use of our services offered by JACOB KRISTIAN ROBERT EDWARDS (ABN 19 545 602 001) trading as FRONTLINE EXTERIOR CLEANING (we, us, our), and form a binding contractual agreement between us, and you.

These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at Admin@frontlineclean.com.au before engaging our services.

Subject to any subsequent agreements you may be required to enter with us, these Terms constitute the entire agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. You confirm you have not entered into this agreement on the basis of any representation that is not expressly incorporated into these Terms.

1. DEFINITIONS

1.1 Deposit means the amount we may charge you should we deem that the Services required will require one or more full days worth of work.

1.2 Fee means the fees we charge for our Services as indicated on the Quote provided to you.

1.3 Grace Period means the 1 week grace period we provide for an overdue invoice and commences on the date the invoice is overdue.

1.4 Hourly rate means the hourly rate we may charge you for certain Services which will be identified in the Quote.

1.5 Late Payment Fee means the fee of $25.

1.6 Quote means a quote we issue to you after visiting the Site in person, or, following the provision of photographs to us in relation to the Site.

1.7 Service Area means a 50km radius from the Melbourne Central Business District.

1.8 Services means:

home window cleaning;
roof top cleaning;
pressure washing;
panel gutter cleaning;
solar panel cleaning; and
any other services offered in the future.

1.9 Site means the site on which we will be providing our Services.

2. ACCEPTANCE OF TERMS

2.1 We will provide you with a copy of these Terms and with Quote before you engage our Services.

2.2 By paying any amount to us in respect to the Services or otherwise instructing us to proceed with the Services in writing, you acknowledge that you have read and understood the Terms and the Quote and agree to be bound by them, and all our other policies.

3. VARIATIONS TO TERMS

3.1 We reserve the right to update and change these Terms from time to time with notice to you.

3.2 You will be subject to the Terms in force at the time when you engage our Services, unless agreed otherwise by both parties in writing.

4. GENERAL DISCLAIMER

4.1 We provide the Services on an "as-is" and "as available" basis and whilst every effort is taken to ensure the content provided is accurate, we make no representations and give no guarantees or warranties about the suitability, reliability, availability, timeliness and/or accuracy of the content or information provided by us.

4.2 None of the information or content provided by us are a promise or guarantee of results. Any information given (including case studies) is purely based on experience and is for illustrative purposes only. Information provided may not always be tailored specifically for you.

4.3 You acknowledge and agree that we, our employees, affiliates and representatives are not responsible for decisions that you may make, or for any consequences, undesired or otherwise, that may flow from your engagement of the Services.

4.4 Any testimonials and examples of our Services, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results.

4.5 We make no warranty, representation, or guarantee regarding the suitability of our Services for any particular purpose, nor do we assume any liability whatsoever arising out of the application or use of any Service. It is your responsibility to independently determine suitability of any Service and to test and verify the same.

4.6 Any timelines or delivery dates are provided by us on an estimated basis only. We make no guarantee that these timelines or delivery dates will be met as there may be interfering factors beyond our control, and we are not responsible for any delay in the delivery of our Services to you in such circumstances.

5. FEES

5.1 The Fees for our Services are as indicated in the Quote provided to you.

5.2 While most of our Services are charged at a fixed Fee rate, we reserve the right to charge you the Hourly Rate should we deem it necessary based on the Services requested and Site generally.

5.3 All Fees for our Services are in Australian Dollars (AUD).

5.4 All Fees are exclusive of GST (if applicable) unless indicated otherwise, and exclude delivery charges and customs duty and other taxes, if applicable.

5.5 We reserve the right to modify, cancel and limit any Quote or Services at any time.

6. SERVICE AREA AND TRAVEL FEES

6.1 We offer our Services to the Service Area.

6.2 You accept that the first 10km we travel is free, however, we charge a rate of $1/km for every km following.

6.3 We reserve the right to accept or reject a prospective job which is beyond the Service Area and such acceptance or rejection will be communicated to you in writing or via phone.

7. PAYMENTS

7.1 Where applicable, we reserve the right to vary the Deposit based on the Services being offered. Without limitation, we may charge a Deposit between 10% to 50% of the total Service cost where we deem necessary.

7.2 We will send you invoices for our Services one week after the completion of our Services.

7.3 You may make payment for our Services prior to completion of our Services or after.

7.4 We accept various payment methods, including cash, bank transfer and PayID.

7.5 All Fees paid to are non-refundable after commencement of our Services.

7.6 Deposits paid are non-refundable, unless we have cancelled a Service offering due to a fault on our part.

7.7 If you fail to pay our Fees when due, as indicated on the invoice, you acknowledge that we reserve the right to suspend or terminate the delivery of our Services. We will not be liable for any loss suffered by you as a result of such suspension or termination.

7.8 We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.

7.9 You must pay us all Fees and other amounts without set-off or claim under any circumstances, including if a dispute exists in relation to the Services provided.

7.10 We reserve the right to apply interest at the General Interest Charge applied by the ATO to all invoices that are more than 30 days overdue.

7.11 We also reserve the right to charge you the Late Payment Fee once the Grace Period has lapsed.

7.12 You accept that the Late Payment Fee is a genuine pre-estimate of loss sustained to us by reason of your failure to make payment in accordance with these Terms and is intended to reflect our administrative costs in having to pursue overdue amounts from you.

8. BOOKINGS AND CANCELLATIONS

8.1 You may schedule a booking (for an appointment or Service) with us in person, via email or phone.

8.2 Any requests for the cancellations of our Services must be directed to us via email or phone.

9. YOUR OBLIGATIONS

9.1 During the delivery of our Services, you agree to:

(a) respond promptly to our communications in relation to the Services;
(b) ensure that the Site is unencumbered so that we may provide our Services to you. For the clarity of this clause, this includes ensuring that all furniture is removed from Site access, fly screens are removed as necessary and there are no pets or animals preventing access to the Site;
(c) provide, within a reasonable amount of time, accurate, complete and current information or documentation reasonably required by us to perform the Services; and
(d) act in good faith.

9.2 When providing our Services, we may request that you provide us with responses, feedback, completed questionnaires, copy content, images and other information so we can best deliver our Services. You agree that you will provide any such information in a timely manner. Any delays in receiving this information may result in information not being provided by us to you.

10. COPYRIGHT AND TRADE MARK NOTICES

10.1 All material provided by us during the provision of our Services, including (but not limited to) documents, templates and questionnaires (Our Content), is our intellectual property and subject to copyright. You must obtain our prior written permission if you would like to copy or reproduce our Content. Modification of our Content is a violation of our copyright and other proprietary rights and is strictly prohibited.

10.2 You acknowledge that you do not acquire any ownership rights by using our Content.

10.3 The trade marks, logos, and service marks displayed on our Content to denote our brand are either our registered or unregistered trade marks (our Marks). Our Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.

10.4 Nothing contained in our Content or our Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any our Marks without our express written permission.

10.5 You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

10.6 This clause survives termination of these Terms.

11. RIGHT TO SUSPEND, TERMINATE AND REFUND

11.1 We reserve the right to suspend or terminate your use of our Services generally if you breach these terms, as determined by us in our sole discretion.

11.2 Either party may terminate your use of our Services by providing to the other party a minimum of 14 days’ written notice (Notice Period). In this case, you may:

(a) retain our Services during the notice period; or
(b) not retain our Services for some or all of the notice period, and make a payment in lieu of notice for the part of the notice period for which our Services are not retained.

11.3 If you terminate our Services early (prior to your Services being completed), you acknowledge and agree that the outstanding Fees for those Services are payable. We will issue an invoice for all work completed up to the end of the Notice Period.

11.4 Refunds are not provided for our Services, other than in accordance with the Australian Consumer Law as set out in Schedule 2 to the Australian Competition and Consumer Act 2010 (Cth).

11.5 Final payments are non-refundable after at the completion of our Services.

11.6 Any refund requests will be assessed on a case-by-case basis, in accordance with the costs associated with each Service delivered by us.

12. DISCOUNTS, PROMOTIONS AND OFFERS

12.1 From time to time, we may offer the opportunity to purchase our Services at a promotional price, subject to these Terms.

12.2 Any promotions will be confined to the time period and additional terms of sale in accordance with the details of that respective promotion as communicated to you by us.

13. LIABILITY IS LIMITED

13.1 We provide the Services on an "as is" basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by Law. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms to the maximum extent permitted by Law.

13.2 Without limiting the generality of clause 13.1, we expressly exclude any liability in contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by your use of our Services.

13.3 Subject to the other terms of this clause, our maximum aggregate liability owed to you in for any loss or damage or injury arising out of or in connection with the supply of our Services under these Terms, including any breach by us of these Terms however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual charges paid by you under these Terms in the one month period preceding the matter or the event giving rise to the claim.

13.4 The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by law, including but not limited to, those rights under the Australian Consumer Law.

13.5 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option, to the resupply of the Services or the payment of the cost of resupply.

13.6 Subject to the other terms of this clause, we exclude any liability owed to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms, including any loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or loss of use or corruption of data or information.

13.7 This clause applies to the fullest extent permitted by Law and shall survive termination of these Terms.

14. INDEMNITY

14.1 You agree to indemnify us and our officers, agents, partners, directors, shareholders and employees and subcontractors, against any direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:

(a) your use of our Services;
(b) any claim made against us or you by a third party arising out of or in connection with the provision of our Services and/or these Terms;
(c) any breach of these Terms by you, including any failure to pay any Fees on time;
(d) any reliance by you or a third party on our Services or any advice or information provided in connection with the provision of our Services and/or these Terms; and
(e) the enforcement of these Terms.

14.2 You must make payments under this clause in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by Law.

14.3 We are not responsible, and expressly limit our liability to the extent permitted by law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information provided during the provision of our Services.

14.4 This clause survives the termination of these Terms.

15. NO DISPARAGEMENT

15.1 At all times, you must not make any public or private statement or comment, whether oral or in writing, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of or is in any respect a disparaging remark or representation about us and/or any of our Services nor any statement that is false and does or has the tendency to damage our reputation of by any method including but not limited to any social media platform or review website anywhere in the world.

15.2 Should you breach this clause, you hereby indemnify us in accordance with clause 14 above.

16. FORCE MAJEURE

16.1 We will not be in breach of these Terms or liable to you for any Loss as a direct result of our failing or being prevented, hindered or delayed in the performance of our obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event.

16.2 If a Force Majeure Event occurs, we will notify you in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.

16.3 On providing the notice in the above clause, we will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, we will continue to use all reasonable endeavours to perform those obligations.

16.4 The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.

16.5 References to a Force Majeure Event in this clause means: events, circumstances or causes beyond a party’s reasonable control including (but not limited to):

strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;
epidemic, pandemic, health emergencies, disease;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
interruption or failure of utility services (including the inability to use public, private telecommunications networks, servers or third party hosting platforms); and
the acts, decrees, legislation, regulations or restrictions of any Government Agency;

however does not include a lack of funds.

16.6 References to Loss in this clause means: any loss, liability, cost, charge, expense, Tax, Duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).

17. SEVERABILITY

17.1 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

18. NO ASSIGNMENT

18.1 You cannot transfer or assign your rights in accordance with these Terms, including any membership or registration with us, without our prior written consent.

18.2 We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least 4 calendar weeks.

19. SUB-CONTRACTING

19.1 We are free to sub-contract any of our obligations under these Terms, but such sub-contracting will not release us from our liabilities under these Terms.

20. BINDING ON SUCCESSORS

20.1 These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.

21. DISPUTE RESOLUTION

21.1 If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.

21.2 Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.

21.3 In the case of claims against us, all notices are to be provided to Admin@frontlineclean.com.au.

21.4 If the dispute is not resolved by agreement within 10 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 10 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.

21.5 Once a mediator is appointed, the parties agree that:

The costs of the mediator shall be borne equally between the disputing parties.
The chosen mediator shall determine the procedures for mediation.
The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.

21.6 If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.

21.7 Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.

21.8 Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.

21.9 This clause survives termination of these Terms.

22. APPLICABLE LAW

22.1 These Terms shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victoria, Australia to determine any matter or dispute which arises between us.

23. YOUR FEEDBACK

23.1 We welcome enquiries or feedback. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.

23.2 If you have questions or comments regarding our Services, please email us at admin@frontlineclean.com.au .