Terms and Conditions
Terms and Conditions
Welcome to VIP Facility Services
By using our services, you agree to the Terms. Please read these Terms and conditions carefully before signing the contract. No goods or services shall be supplied by the VIP Facility Services on any Terms or Conditions other than those set out herein and by accepting the services and/or taking delivery of the Goods, the Customer shall be deemed to agree to these Terms and Conditions.
Between:
- VIP Facility Services “The Service Provider”, a corporation organized and existing under the laws of New South Wales, with its head office located in (area……).
- “The Customer” means the person/s, firm, or company requesting the supply of goods or services. This is the party to whom the goods and services are provided for and/or in whose name an account is maintained by VIP Facility Services.
1. Products and Services Provided
- “Goods” means the consumable items, or any products provided by VIP Facility Services for the Customer for use at the customer site.
- “Services” means regular or one-off cleaning service provided by VIP Facility Services at the premises requested by the Customer.
2. Fees and Other Charges
Fees for professional services are calculated on the time spent by VIP Facility Services associates and staff attending to said services, multiplied by the relevant hourly rate. The hourly rate is applied to all work done on the Customer’s behalf.
Before any bill is sent to the Customer, the VIP Facility Services’s Manager responsible for the matter will review it to ensure that fees and other charges are appropriate.
Prices are calculated on an annual basis and this amount is then divided into 12 equal monthly payments. No deduction or discount will be applicable in the event of any unused service days – including Easter, Christmas, and other gazetted holidays or periods where a customer may close their premises. The contract does not include the provision of a service on Bank/Public holidays unless specified accordingly. All prices quoted exclude GST.
2. VIP Facility Services may increase its base service fees annually.
3. Public or Bank Holidays, this service will be charged at double the regular rate.
4. VIP Facility Services accepts MasterCard, Visa Card, EFT, or check payments. VIP Facility Services may, at its discretion, charge a processing fee of no more than 3 percent of the value of the transaction.
5. VIP Facility Services will charge a late payment fee of $20.00 per month + GST on all outstanding invoices.
3. Accounts / Invoicing
6. Your account will be emailed to: info@vipfs.com.au
7. Billing occurs at the end of each month with the description of work performed during that month.
8. Bills are payable within seven days of the date of the invoice.
9. At no time can the “Customer” short pay or waive payment of any invoiced fee without acceptance by the VIP Facility Services’ management.
10. VIP Facility Services will provide upon request the itemized details of the work, fees, and costs incurred so far and an estimate of the work, fees, and costs payable to complete the matter.
11. If “Customer” does not pay a bill sent by the “VIP Facility Services” or complies with a request for payment in advance with seven days after the invoice is sent or the request is made, VIP Facility Services may immediately stop acting for “Customer.”
12. The “VIP Facility Services” may in its absolute discretion impose an account keeping fees of not more than 15 percent of the value of each invoice.
13. The “Customer” agrees to pay and reimburse VIP Facility Services on demand for all legal costs, stamp duty or other costs or expenses suffered or incurred in respect of the preparation of any agreements, personal guarantees, securities or other documentation required to document or secure the provision of credit to the Customer together with all collection and enforcement costs and expenses which may incur concerning the sale of goods or supply of services or provisions of credit to the Customer including (without limitation) legal costs on a full indemnity basis.
4. Termination by the Customer
“Customer” may terminate this agreement by giving VIP Facility Services one month’s written notice and will be liable for all work fees incurred up to that time. If “Customer” does not provide such notice, it will be obliged to pay one month’s service fees in place.
5. Termination by VIP Facility Services
VIP Facility Services may terminate this agreement and stop acting for the “Customer” if:
a.“Customer” does not comply with this agreement
b. VIP Facility Services forms the opinion, on reasonable grounds, that confidence and trust do not exist between both parties, or;
c. VIP Facility Services believes on reasonable ground that, by continuing to act for the “Customer”, it may breach the professional conduct rules which are binding upon professionals in the cleaning industry.
6. Specification Changes
d. VIP Facility Services reserves its right to alter the fees should the scope or complexity of the work change from that originally contracted, or from time to time as required. Should a change in fee be necessary, a written notice will be given, and your invoice will be amended from the date a change occurred.
e. The “Customer” service specification is contained in the VIP Facility Services Communication booklet held at the Customer’s premises.
7. Goods or Service Claims
The Customer shall be deemed to have accepted goods or services as being per its order unless; it notifies VIP Facility Services of its claim within 7 days of receipt of the goods; or the Customer has an agreement to provide adequate consumable stock for the site as needed. VIP Facility Services will not accept any return of allegedly defective or faulty goods or offer any leniency on the CONTRACT PRICE payable unless VIP Facility Services has given prior written authorization.
8. Consumables Stock
If the customer agrees to allow VIP Facility Services to manage and provide adequate consumable stock as needed, the customer must notify VIP Facility Services of any faulty items within 7 days of receipt of the goods.
9. Events beyond the control of VIP Facility Services
VIP Facility Services will be exempted from performing its obligations under this Agreement for so long as it is unable to do so due to reasons beyond its reasonable control and shall not incur any expenses, nor suffer damages, for such withdrawal of services (i.e. Customer changes alarm or access codes, or Customer changes locks and does not supply new codes and/or locks to VIP Facility Services) Under these circumstances VIP Facility Services shall still be paid for the service irrespective and shall not incur any expenses, nor suffer damages, for such withdrawal of services.
10. Accidents and Damages On-site
All VIP Facility Services subcontractors are deemed to be insured with Public Liability Insurance. VIP Facility Services will not be responsible for any accidental damages incurred by VIP Facility Services subcontractors at any time. Any damage to a customer site must be reported by the customer to VIP Facility Services within 24 hours and documented by the customer in the Communications journal on site.
11. Changes in Ownership
In the event of the Customer, being an individual or partnership, incorporates his/her business and the Company continues to use the existing account, or the account is used by a company of which he/she is a director, he/she hereby agrees to personally guarantee all due debts. If the ownership of the Customer’s business changes, the Customer will remain liable for all debts incurred on this account until VIP Facility Services is notified in writing of such changes.
12. Change of Worker
VIP Facility Services agrees to provide the services contained in the specification and at its discretion may change the allocated cleaner servicing the above premises at any time.
13. Restrictive Covenant
1. The Customer agrees that should the cleaning contract be terminated for any reason, that for one (1) year from the date of termination, the Customer will not solicit or engage any VIP Facility Services employee or Sub Contractor to work directly for the Customer in any capacity unless a selection fee equal to 30 percent of the VIP Facility Services employee or Sub-Contractor’s last 12 months’ invoices is paid by the Customer or recruiting organization to VIP Facility Services.
2. For this covenant not to compete, competition is defined as soliciting or accepting employment by or rendering services to any person or organization that is or was a customer of the VIP Facility Services.
14. Jurisdiction
The proper law of all contracts arising between VIP Facility Services and the Customer is the law of the State of New South Wales and the parties agree that all claims and disputes relating to the goods sold shall be determined in the Court of competent jurisdiction nearest Sydney.
15. Headings
Headings to sections and paragraphs of this document are for ease of reference only.
Miscellaneous
VIP Facility Services Agrees to:
1. Apply the services referred to in the specification, on an ongoing basis by the VIP Facility Services Terms and Conditions until the termination of this agreement by either party giving 30 days’ notice in writing.
2. Comply fully with all current legislation.
3. Courteously always conduct itself.
4. Ensure the security and confidentiality of your premises.
5. Conduct regular site visits to verify quality assurance standards.
The customer agrees to:
Provide access keys and alarm codes to VIP Facility Services for cleaning outside normal business hours
Advise VIP Facility Services of any restrictions on access to premises or any part thereof, if VIP Facility Services will not be liable for any loss or damage whatsoever if it has not confirmed in writing that it has received such advice
Settle all accounts by the monthly due date.
Record any accidents or damages in the VIP Facility Services Communications booklet on-site.
- Keep VIP Facility Services advised of any contact changes included in the Customer Information form attached.
The Customer certifies that, the information provided in this Agreement is correct, that the credit if granted is for commercial purposes and has read the Agreement and agreed to abide by these Terms and Conditions.
Agreed and Accepted by: