1. The Standard Total Clean Terms & Conditions of Business constitute part of any business Agreement with Total Clean, unless otherwise specifically stated within an Agreement between the parties.
2. The Standard Total Clean Terms & Conditions of Business may be updated from time to time by Total Clean and the updated version shall come into force from the time and date that are posted on the Total Clean website.
3. Total Clean may subcontract or assign the Agreement or any part of it by giving prior written notice to the other Party.
Disclosure of Confidential Information
4. Both Parties must at all times keep confidential and not directly or indirectly make or allow any disclosure or use to be made of any Confidential Information, except to the extent that the Parties agree in writing, and are required by law. This includes all personal information held.
Return of Property
5. On Termination of the Agreement, the Parties will each immediately deliver to the other all property in their power, possession or control which belongs to the other Party.
6. If between the Parties to the Agreement, any dispute arises out of, or in connection with, this Agreement, neither Party is to commence proceedings relating to the dispute unless that Party has complied with the provisions of clause 7.
7. If a Party believes there is a dispute in relation to the Agreement, then:
7.1. It will notify the other Party in writing giving details of the dispute;
7.2. The dispute will then be promptly referred to a senior representative of each Party for resolution by negotiation within 3 business days;
7.3. During any dispute process, the Parties shall continue to comply with their respective obligations and may exercise their respective rights under the Agreement as if the dispute had not arisen.
Invoice & Payment Terms
8. Services shall be invoiced weekly and payment will be required within 7 days of invoice from Total Clean.
9. Upon failure to make payment in accordance with these terms and conditions:
9.1. Total Clean may transfer, or sell the outstanding debt or authorize any third party (“Debt Collection Agency”) of its choosing to seek payment of the outstanding debt;
9.2. In addition, the other Party will be liable to pay for any costs or loss incurred by Total Clean, or the Debt Collection Agency required to enforce payment in accordance with these Terms and Conditions.
10. The Agreement is to be governed by and construed in accordance with the Laws of New Zealand.
11. If one or more of the provisions of the Agreement is, or becomes illegal, invalid or unenforceable for any reason, the remaining provisions of the Agreement shall not be affected thereby and shall continue in full force and effect.
12. Either Party may terminate the Agreement immediately by written notice if the other Party makes a material breach of any obligation under the Agreement and fails to remedy that breach within 3 business days of receiving a written notice requesting it to remedy the breach.
13. Any Termination of the Agreement shall be without prejudice to any accrued rights and remedies of the Parties up to and including the date of Termination.
14. Clauses 1 - 11 will survive the Termination or expiry of the Agreement.