Terms and Conditions

Standard Total Clean Terms & Conditions of Business

Last Updated: 10/02/2023


Agreement

1.1 The Standard Total Connect Ltd T/A 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, being Total Clean and You the purchaser of a Service arranged by Total Clean.


1.2 Total Clean is a marketing and booking agent for Independent Service Providers. Regardless of Total Clean having had an involvement in defining the requirements for any such subsequent bookings, these requirements are passed to Independent Service Providers who shall independently assume sole responsibility for any Agreement with You for any subsequent bookings and Service delivery.


1.3 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 they are posted on the Total Clean website, www.totalclean.co.nz.


1.4 You may terminate this Agreement, at any time by contacting free phone 0800 101 287 or writing to service@totalclean.co.nz.


Service

2.1 Service refers to the provision of tasks agreed to be arranged by Total Clean.


2.2 Total Clean reserve the right to modify, change, postpone or cancel any Service offered. Please note the Service information published online may not reflect the prevailing Service as agreed through Agreement with individual clients on a case by case basis. Total Clean will have no liability whatsoever because of any change to the Service or any suspension or revocation of your access to or use of the Service.


2.3 When a customer reschedules or cancels their Service in full or part, this is treated as a cancellation and the standard Cancellation Refund Policy applies. 


Responsibilities

3. When you book a Service, you should ensure that you use common sense and caution to ensure a safe working environment and protection of you, Total Clean Service Providers and any others' personal safety and property, including by supervising as you would supervise anyone who provided a Service to you that you did not know.


Assignment

4. Total Clean may subcontract or assign the Agreement or any part of it to independent Service Providers that Total Clean contract for the delivery of the defined Service.


Communication

5.1 When you sign up for a Service, Total Clean may need to phone or send you sms or email Communication to confirm your phone number or keep you informed about your Service that may be performed for you. Additionally, a Service Provider responsible for delivery of the Service may Communicate with you regarding a Service. Some of these Communications may be necessary for the fulfillment of the Service and cannot be opt-ed out of. Depending on your current phone carrier plan, you may incur Fees for these Communications, and agree to not hold Total Clean liable for any Fees incurred.


5.2 You may Communicate information and feedback regarding the features and performance of the Service, including compliments or reports of failures, errors, or other malfunctions you encounter regards to the Service along with any associated error messages (Feedback). Feedback provided to Total Clean may be used by Total Clean to improve or promote the Service, and accordingly, you hereby grant Total Clean a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and otherwise exploit such Feedback without restriction.


5.3 Total Clean reserve to right to make contact with customers/clients promoting complementary services.


Disclosure of Confidential Information

6. 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, and are required by law. This includes all personal information held.


Return of Property

7. 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.


Dispute Resolution

8. 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 9.


9. If a Party believes there is a dispute in relation to the Agreement, then.


9.1 It will notify the other Party in writing giving details of the dispute within 7 days of the Incident which provokes the dispute, either the date of the Service provision or date of invoicing.


9.2 The dispute will then be promptly referred to a senior representative of each Party for resolution by negotiation within 3 business days.


9.3 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.


Pricing

10. Total Clean may update Pricing offered for a Service booked from time to time on a going-forward basis. Please note the pricing information published online may not reflect the prevailing pricing as agreed through quotation to individual clients on a case by case basis.


Invoice & Payment Terms

11.1 First time customers shall be required to make payment in advance of the Service being completed to confirm their scheduled Service. 


11.2. Unless agreement to extend credit is made in advance, a Repeat Service shall also be required to be paid in advance to confirm that the Service shall go ahead. Non-payment may result in a scheduled Service being cancelled.


11.3 For agreement to pay upon invoice, within 7 days of the invoice, either credit to the value of one Service as defined and agreed between the parties shall need to be paid in advance or a valid credit card shall be required to be provided for payment security. Upon non-payment after 7 days of invoice you authorise Total Clean to charge this credit card to complete payment of the outstanding invoice.


11.4 If your Agreement is to pay with a credit or debit card, Total Clean may seek pre-authorisation of your credit or debit card account prior to your purchase or booking to verify that the credit or debit card is valid and has the necessary funds or credit available to cover your requested Service. You authorise such credit or debit card account to pay any amounts described herein and authorize Total Clean to charge all sums described herein to such credit or debit card account, with the addition of a 2.881% surcharge to cover costs incurred by Total Clean through the convenience of payment via this channel of payment. You agree to provide Total Clean updated information regarding your credit or debit card and account upon Total Clean's request and any time the information earlier provided is no longer valid. In the event Fees remain outstanding, you will be responsible for any related collection costs.


Upon failure to make payment in accordance with these Standard Total Clean Terms & Conditions of Business

12.1. 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.


12.2. 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 Standard Total Clean Terms & Conditions of Business.


Cancellation Refund Policy

13.1 Fees for a Service booked may be non-refundable (unless at least 24 hours’ notice of cancellation has been provided) and will be charged to you in accordance with the Agreement in force at the time a Service is requested. Total Clean may charge you for a Service cancelled through the payment method specified in your account (e.g. use of available credit or a credit card). 


13.2 If at least 24 hours’ notice of cancellation has been provided, Total Clean can provide a full refund for the Service.


13.3 If the cancellation is between 24 hours’ and prior to the day of the Service booking, Total Clean is authorised to charge for 1 hour of Service Time.


13.4 If the cancellation is the same day as the Service booking, Total Clean is authorised to not issue a refund for the Service.


Credit

14. Credit on your account can be redeemed against future Service bookings. Total Clean may automatically apply any available credit on your account first unless you have provided this credit as security for payment upon invoice payment terms. Unused credit will expire 12 months after the last transaction on your account. Credit held as security for payment upon invoice payment terms shall never expire and you may request it to be used at any time for outstanding debt.


Use of the Service Is Entirely at Your Risk

15. You expressly understand and agree that your use of the Service is at your sole risk and that the Service is provided "as is" and "as available". Total Clean expressly excludes all warranties and conditions, (whether implied by statute, common law or otherwise and including any warranty as to fitness for purpose and satisfactory quality, and non-infringement) to the maximum extent permitted by law. 


Indemnity

16.1 You agree that you will be personally responsible for your use of the Service and the Agreement entered into and referenced herein these Standard Total Clean Terms & Conditions of Business, and you agree to defend, indemnify and hold harmless Total Clean and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively Total Clean Entities) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable solicitors' and accounting fees and costs, arising out of or in any way connected with your access to, use of or alleged use of the Service.


16.2 Total Clean reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any claim or matter without our written consent.


Limitation of Liability and Release

17.1 Our liability to you in respect of a Service will not exceed the total invoiced price paid by you for the Service, whether such cause of action is brought in contract, tort, warranty or otherwise. Notwithstanding the above, nothing in these Terms and Conditions shall limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor exclude or limit our liability to you for any death or personal injury resulting from our negligence.

 

17.2 Total Clean shall have no liability to you for any failure to perform the Service, or any delay in doing so that may be caused by an event or circumstance beyond our reasonable control including, without limitation, illness, Service Provider absence from work, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, acts of terrorism, natural disaster, weather or accident.


Governing law

18. The Agreement is to be governed by and construed in accordance with the Laws of New Zealand. 


Enforceability

19. 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.


Termination

20.1 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.


20.2 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.


Survival

21. Clauses 1 - 19 will survive the Termination or expiry of the Agreement.


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