Terms and Conditions

Terms and conditions on which Clean Maintain Restore Pty Ltd provides its services to customers.

Clean Maintain Restore Pty Ltd provides its services on the following terms and conditions.

 

  • 1. Definitions, application and interpretation:a) Definitionsi) We, Us or our is a reference to Clean Maintain Restore Pty Ltdii) You or Your is a reference to the person to whom We are providing our Services and who is required to pay for the Services We provide.

    iii) Materials mean any materials, goods, parts or items We need to buy necessarily in order to perform the Services;

    iv) Parties is a reference to both Us and You

    v) “PPSA” means the Personal Property Securities Act 2009

    vi) Premises means the place, or the places where We will provide the Services; and

    vii) Services means cleaning, maintenance and restoration services We will provide in connection with Your requirements. The precise Services We will be providing to You are stated in the [estimate / quotation / order form] and as We agree from time to time.

    viii) Your Equipment” means all property, plant and equipment owned or leased by You or Your affiliates, parent companies, subsidiaries, co-owners, co-lessees and joint venturers (but excludes property or equipment leased from Us) and includes surface facilities and other property on Your site

    b) This Agreement applies to all supplies of goods and/or services by Us to You and supersedes all previous negotiations and representations, whether oral or written, any earlier agreement for the same goods and/or services, and earlier sets of terms and conditions issued.

    c) No variation or waiver of this Agreement and no terms and conditions put forward by You or printed on [estimate / quotation / order form] or other document You give to Us for the supply of goods and/or services will have any effect unless expressly agreed in writing by both parties. Failure to exercise any right or remedy under this Agreement in a timely manner will not constitute acceptance of the matter which gave rise to the right or remedy, nor a waiver of such right or remedy.

    d) If any provision of this Agreement is invalid, illegal or unenforceable, it will be read down to the extent necessary and reasonable to ensure that it is not invalid, illegal or unenforceable. If it or part of it cannot be so read down, it or the relevant part of it will be void and severable and the remaining provisions will not in any way be affected or impaired.

    e) All warranties, releases, exclusions of liability and indemnities will remain valid and binding following termination.

    f) In interpreting this Agreement no rules of construction shall apply to our disadvantage on the basis that We put forward the Agreement, or any part of it. Headings are for convenience only and do not affect interpretation.

    g) If You as the customer comprise two or more persons or entities, each of You is jointly and severally liable for all obligations and liabilities under this Agreement.

    h) A reference to legislation includes any subordinate legislation made under it and any legislation amending, consolidating or replacing it.

      1. i) This Agreement takes effect, is governed by, and shall be construed in accordance with the laws from time to time in force in Victoria, Australia. The Parties submit to the non­exclusive jurisdiction of the courts of Victoria.

    2. Entering into a legally binding contract

      1. a) A contract between You and Us will come into being in one of two ways:

    (i) when You sign the [estimate/quotationlorder form] We and You will enter into a legally binding contract on the date You sign.

    (ii) where You and We agree orally that We should provide the Services then there will be a legally binding contract on the date of our oral agreement

    b) We suggest that before You sign the [estimate / quotation / order form] or orally agree to Us providing Services that You read through these terms and conditions. If You have any questions concerning them please ask Us.

    c)You should keep a copy of these terms and conditions for Your records.


    3. Providing the Services

    a) Once We and You have entered into a legally binding contract We will normally start providing the Services to You at Your requested premises straight away or on a date, or dates and times agreed between Us without further discussion with You. Occasionally the Services will be provided at some other date or time or be dependent on a number of factors.

    b) Our aim is to always provide You with the Services:

    i. Using reasonable care and skill;

    ii. in compliance with commonly accepted practices and standards in the cleaning industry; and

    iii. in compliance with all relevant cleaning industry laws and regulations in force at the time We are carry out the Services.

    c) Unless We agree otherwise We will provide the Services on normal working days and start work no earlier than 8.00am and finish work no later than 5pm. A normal working day for Us means Mondays to Fridays, excluding any bank or other national holidays.

    d) The performance of some of the Services may take place away from the Premises. For example, We may be able only to carry out some of the activities in performing the Services other than at Your Premises or when You are present.

    4. Materials

    a) At the time We perform the Services We may not have all the Materials We need to perform the Services. This may be for a number of reasons such as:

    i. We have not provided an estimate and cannot reasonably establish what Materials are necessary until We start performing the Services; or

    ii. where We have provided an estimate, it may not have been reasonably possible to establish the need for particular Materials at the time We provided the estimate. The need for the particular Materials may only be revealed when We start performing the Services; or

    iii. whether or not We have provided an estimate, the condition of an item or the area which is the subject of the Services may only become apparent when We start performing the Services and it was not reasonably possible to establish it until that point.

    b) In such cases We may need to purchase Materials. If the Materials are available from a local supplier then We normally wish to travel to the supplier and purchase the Materials and return to continue performing the Services. We normally charge for the travel time at our normal charging rate.

    c) If the Materials are not available from a local supplier We normally order the Materials and return on another occasion to continue to perform the Services. We will not charge You for any time spent in obtaining Materials if We have brought or ordered the wrong Materials. In such circumstances We will normally charge for the time spent in making telephone calls to suppliers or our office to locate the required Materials.

    5. Timing

    a) We aim to carry out the Services by the dates and times We either agree with You or notify to You. But We cannot guarantee or provide a firm commitment that:

    i) We will start performing the Services by a specified date or time; or

    ii) We will complete the performance of all the Services by any specified date or time; or

    iii) the performance of any individual part of the Services will be completed by a specified date or time.

    b) If We do not start or complete performing the Services within a reasonable period from the date(s) We have agreed or notified then You may either choose either to continue to wait until We can start performing the Services or complete performing them or You can terminate the contract.

    c) Where We have started performing the Services and You decide You wish to terminate the contract You will only have to pay for any Services We have performed up to the date of termination and for any Materials which We have legal obligation to pay for. If You have made payment(s) to Us in excess of the amount of Services We have performed or Materials We have purchased, We will return the difference to You within [7] days of the termination.

    d) What is a reasonable period of time depends on the type of Services We will be performing and the length of time they will take to perform. For example, if You and We believe that the Services will take only a few hours to perform, then if We fail to start performing the Services within (e.g. half a day) then You may have the right to terminate the contract. But if the Services are due to take several Weeks to perform, then if We fail to start to perform the Services after a couple of Weeks when are due to or We do not perform the Services during a couple of Weeks when We Were due to, then in such circumstances You may be entitled to terminate the contract.

    6. Your obligations

    You will:

    a) Provide free of charge adequate and safe access to Your premises, information and facilities, and to our equipment and materials on Your premises, for Us to carry out our duties and rights under this Agreement, including performing the services. You will be responsible for any additional costs incurred by Us in carrying out Our duties and rights under this Agreement where those costs relate to: inadequate or unsafe access to Your premises, information and facilities, or to Our equipment on Your premises;

    b) ensure that all premises, works and materials for which You are responsible, and all Your Equipment which is relevant to this Agreement, comply with current industry standards and all legal and statutory requirements, including those relating to a safe workplace, and with any specifications provided by Us;

    c) obtain and maintain all necessary licences, permits, authorisations, approvals and consents, and comply with all legal obligations, in connection with our Use of any of our equipment, or work done on Your site,

    d) agree that at times it may be reasonably necessary to store our equipment at Your premises in the course of completing the services. In doing so, You will insure Our equipment to their full replacement cost against loss, damage and destruction and maintain other insurance as required by law and sufficient to insure Your obligations under this Agreement, and including our safety at Your premises. If requested by Us, You will provide proof of any such insurance within 7 days;

    e) not Use, move, obliterate, remove or deface identification marks, tracking devices, labels, barcodes or notices on Our equipment, without our consent;

    f) return all Our equipment in a clean and serviceable condition, or pay the cost of restoring them to a clean and serviceable condition, and pay the new replacement cost if any equipment of Ours is lost or damaged beyond repair. No refund will be provided for works that You allege We have not completed in accordance with this agreement.

    g) not mortgage, pledge, sell, or lend, or create a security interest under the PPSA over, Our equipment, and You will not remove them from Your premises shown in this Agreement, or otherwise part with possession of them, except to Us or to an agent or representative authorised by Us;

    h) not at any time disclose any of the know-how, technology, information, documents or other intellectual property supplied by Us to You or contained in our equipment, goods or services or otherwise made available to You, nor infringe Our rights in such materials, and You will Use such for Your internal purposes only;

    i) notify Us in writing if You intend to sell Your business, with such notice being provided not less than twenty-one (21) days before any such sale takes place;

    j) notify Us in writing as soon as reasonably practicable after You become aware of any defect in goods or services supplied by Us, any alleged breach of contract on Our part, any negligence or other tort on Our part, or any breach of statutory duty by Us. You acknowledge and agree that prompt notification may enable Us to mitigate the loss or damage suffered by You as a result of the alleged act or omission or to assist You in doing so. Prompt notification may also enable Us to identify defective goods and services and prevent other customers from suffering loss or injury;

    k) warrant that You do not have a binding exclusive arrangement with another service provider for the services covered by this Agreement;

    l) not Use Our equipment or materials to decant product into other containers, and will not on-sell, distribute or otherwise transfer any product, unless this Agreement expressly states otherwise;

    7. Situations or events outside our reasonable control

    a) There are certain situations or events which occur which are not within our reasonable control (some examples are given in the next numbered paragraph). Where one of these occurs We will normally attempt to recommence performing the Services as soon as the situation which has stopped Us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before We can start or continue performing the Services.

    b) The following are examples of events or situations which are not within in our reasonable control:

    i) if the Materials are not delivered on the date or at the time agreed with the supplier of the Materials (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier if ordered at short notice);

    ii) where You make a change in the Services You wish Us to perform (and this results in, for example, Us having to do further work or wait for new or different Materials);

    iii) where We have to wait for other providers of services (who have been engaged by You) to complete their work before We are able to perform the Services (or the relevant part of the Services dependent on the other provider if ordered at short notice);

    iv) where We are unable to gain access to the Premises to carry out the Services at the times and dates We have agreed with You;

    v) where the areas in the Premises have not be readied by You as We and You have agreed in order for Us to perform the Services;

    vi) for other some unforeseen or unavoidable event or situation which is beyond our control.

    c) The following are examples of events or situations which are not within in our reasonable control:

        1. i) continuing to wait until We are able to recommence performing the Services. If You are required to make any payments during this period (for example if We and You have agreed that You will pay Us in staged amounts) then We will not require You to make any of the payments required until We are able to recommence performing the Services; or

    ii) allowing You to terminate the contract. If You choose this option then You will only have to pay for any Services We have performed up to the date of termination and for any Materials for which We have a legal obligation to pay. If You have made payment(s) to Us in excess of the amount of Services We have performed or Materials We have purchased, We will return the difference to You within 14 days of cancellation.

    8. Liability and exclusions

    a) Nothing in any agreement between Us and You excludes, restricts or modifies any terms, conditions or warranties or Our liability for them which are imposed or implied by any statute, including but not limited to the Competition and Consumer Act 2010 (Cwth), and which by statute cannot be excluded, restricted or modified. Limitations and exclusions are made only to the extent that We may legally do so.

    b) Our liability for any kind of loss or damage suffered by You in connection with this Agreement, whether in contract, negligence or other tort, misrepresentation, breach of any statutory or equitable duty, or otherwise, and whether Our act or omission is wilful or otherwise, is excluded and/or limited (as the case may be) as set out in clause

    c) Our liability for any loss of or damage to revenue, profits, savings, Use, contracts, production, goodwill, business opportunity or business and any consequential or indirect loss or damage, is excluded.

    d) We accept unlimited liability for personal injury or death to the extent that it directly results from Our negligence, but subject to the contributory liability of any other person.

    e) We accept liability for physical damage to property to the extent that it was directly caused by Our breach of contract or Our negligence in connection with the performance of this Agreement, subject to a limit of $1 million per event or series of connected or similar events. Any other losses flowing from physical damage to property shall be limited as set out in clause 8(e)

    f) We accept liability, to the extent that it is directly caused by Our breach of contract or Our negligence in connection with the performance of this Agreement, for losses, costs, expenses or damage (in addition to and independent of Our liability under clauses 8(c) and 8(d), but subject to clauses 8(b) and 8(f)):

    g) resulting from the provision of technical advice or training by Us in return for a specific fee, up to a limit of the amount of the fee received for such advice or training.

    h) Our sole liability for loss or damage incurred in respect of goods and/or services supplied (or agreed to be supplied) shall be limited to, at Our option, supplying the services again; or paying the cost of having the services supplied again.

    i) Any action by You against Us in relation to this Agreement must be commenced within six months after the cause of action has accrued. You agree that We have no liability to You in relation to an action commenced after this period.

    j) You indemnify Us and hold Us harmless against all loss, damage, proceedings, claims, costs and expenses howsoever caused arising directly or indirectly:

    i) out of Your possession, Use or ownership (as applicable) of our equipment, and/or our materials

    ii) from any unauthorised Use of Our intellectual property; and

    iii) from Our presence on Your site, including Our equipment, materials and personnel, except to the extent caused by Our negligence.

    k) If performance of any contract obligation by its normal means is prevented or delayed due to any cause beyond Your or Our reasonable control, that contract obligation (other than a payment obligation) will be suspended during the period affected by such cause.

    l) Failure by Us to deliver goods or perform services by any time specified will not entitle You to terminate any agreement or make any claim against Us.

    m) We will not be liable for any defect arising from fair Wear and tear in connection with our services being provided.

    n) We will not be liable for any shortage, loss, damaged goods or discrepancy unless You notify Us in writing within 5 business days of receipt of goods by You or, if You prove to Us that it was not reasonably possible to notify Us within that timeframe, You notify Us within 5 working days after You first became aware, or could reasonably be expected to have become aware, of the claim.

    9. Breach and termination

    a) If You commit any act of bankruptcy or have a receiver, liquidator or administrator (or similar) appointed, or commit any breach of any provision of this Agreement then We may by written notice with immediate effect either:

    i) terminate the whole or any part of this Agreement; or

    ii) suspend performance of all or any of Our obligations, and at any time during such suspension terminate the whole or any part of this Agreement. Service charges will continue to accrue and be payable by You during any period of suspension.

    b) Termination will be without prejudice to any accrued rights of either party.

    c) On suspension or termination under any circumstances, or where You have breached clause 3, We may recover possession of any goods, equipment, or materials belonging to Us and You irrevocably authorise Us to enter Your premises for this purpose. You must pay Our charges for the costs of removal of Our equipment and materials. Any delay by Us in removing Our equipment will not waive Our rights nor give You any rights over Our property.

    10. PPSA

    a) We may allocate amounts received from You in any manner We determine, but in default will apply same first to payment of any unsecured amount owing to Us, next as to any reasonable enforcement expenses and then as to any secured balance owing to Us.

    b) You agree to reimburse Us for all costs and/or expenses incurred or payable by Us in relation to registering, maintaining or releasing any financing statement or financing change statement under this Agreement.

    c) You will not (except with Our written consent) allow to be, or be liable to become, perfected or attached in favour of any person, a security interest or transitional security interest in any of the monies from time to time payable to Us (if any) or otherwise, or in Clean Maintain Restore Pty Ltd property (including equipment and materials) and whether to a provider of new value or otherwise.

    d) You waive the right to receive a copy of the verification statement confirming registration of a financing statement or financing change statement relating to the security interests under this Agreement. You agree that You and We contract out of and nothing in the provisions of Sections 95, 96, 117, 118, 121(4), 130, 132(3)(d), 132(4), 142 and 143 of the PPSA shall apply to this Agreement.

    e) You and We acknowledge that You are the grantor and We are the holder of a Purchase Money Security Interest (“PMSI”) by virtue of this Agreement and/ or the PPSA. You agree to do anything that We reasonably require to ensure that We have at all times a continuously perfected security interest over all of Our property, including Our equipment and materials.

    11. Payment

      1. a) When requested, You shall pay a deposit equivalent to 30% of the Goods and Services We will provide to You, prior to Us performing our services,

    b) Our charges based on time spent

        1. i) We normally charge for our Services on a time basis. We charge for each [specify period, e.g. 30 minutes] We spend in providing our Services. Our rates, excluding GST, for performing the Services are set out [specify, e.g. at www.xxxx.com.au / on the reverse page / in the “Our Services” leaflet]. [The following is an example of how our charging structure works: If We complete performing the Services within 50 minutes where the charging period is 30 minutes We will charge for 2 x 30 minute periods. If We go over into another 30-minute period by a few minutes, at our discretion, We may charge up to the last period completed.

    c) Our charges based on an estimate

    i) If We provide an estimate then We will charge You the amount stated in the estimate rather then a charge based on the time taken in performing the Services. Note: We only provide estimates and not quotations or binding indications of how much We will charge. Estimates are normally valid for a period of [number] [days] from the date they are given.

    ii) As We provide an estimate We may need to charge You a higher amount than stated in the estimate. This can occur for a number of reasons, in particular where:

          1. (a) what You require Us to do changes, or the amount of work or Services You require Us to provide increases or is different to what We and You agreed before We started performing the Services [and as stated in the estimate]; or

    (b) when We start performing the Services it becomes apparent that the amount of Services We will need to perform or the type of work that is involved is different to what We agreed before We started performing the Services and We could not reasonably foresee this before We started performing the Services.

    iii) Where the amount of work involved is greater than that stated in an estimate (as set out in paragraph (b)) then following will happen:

    (a) if the amount of extra time We need to spend to finish performing the Services will mean that the extra amount payable by You will not exceed [insert]% of the amount stated in the estimate, then We will carry on providing and completing the Services without contacting You and obtaining Your agreement;

    (b) otherwise We will not continue performing the Services and We will seek Your approval to the extra amount that You will need to pay, unless:

    (c) it is not possible to contact You within a reasonable time; or

    (d) it is not safe not to carry out and finish performing the Services (for example, Your goods or premises may be left in a dangerous condition or unprotected from theft if the Services are not completed).

    d) Prices in this Agreement exclude GST unless stated otherwise. You will pay GST and any other government charges, duties or taxes in connection with supply of goods or services under this Agreement.

    12. When payment is required

    a) Payment for our Services and the Materials is normally made in two ways, either:

    i) at the time We finish performing the Services; or

    ii) in a number of staged payments, often involving; or

          1. (a) the payment of a deposit of [insert]% before We commence performing the Services; and

    (b) the payment of the remaining amount We will be charging You either on completion of the Services or in a number of fixed payments paid at regular periods

    (c) Which option We will Use will be indicated on the [estimate / quotation / order form / [specify]

    iii) Within seven days of our request in accordance with clause 8(b).

    b) Time shall be of the essence when making payments.

    c) You agree that We may deliver invoices and notices to You by electronic means, such as email. If You do not Use this method, We may charge You an administration fee for the extra cost of processing. You must notify Us immediately of any error on an invoice. You must pay all charges within 14 days of invoice date, including any disputed amount. After payment, if an adjustment in Your favour is due, We will issue a credit note.

    d) Our preferred method of payment is by direct debit. If You do not Use this method, We may charge You an administration fee for the extra cost of processing. If We incur any merchant or dishonour fees as a result of Your method of payment, You agree that We may recover those fees from You. At Our discretion We may recover those fees from You directly or by adding the amount to a subsequent bill.

    e) If You agree to pay by direct debit, on the 21st day of the month following the month of invoicing We will debit Your nominated account for the full amount due.

    13. Where You seek to not pay amounts due to Us

    a) Interest shall run on the amount of monies outstanding from the date due for payment until the date payment is made at the rate prescribed by the Penalty Interest Rates Act (Vic) plus two percentum.

    b) If the amounts not paid represent more than 25% of the total value of the Services We are to perform for You, and there remain some Services which We have not yet performed, then We may suspend performing the remaining Services until You make payment.

    c) You will not refuse to pay any amount owing to Us where there is only a minor or inconsequential defect or error in the performance of the Services. You will be entitled only to refuse to pay no more than a proportionate amount of any amount due.

    d) You agree that in the event of Default, without prejudice to any other right or remedy the We might have, We are entitled to do any or all of the following:

    i) immediately terminate our engagement under this agreement;

    ii) charge You default interest in accordance with clause 8(a);

    iii) charge You the cost to Us of recovering any overdue amount;

    iv) require immediate payment for all purchases, including services made by You from Us from the Supplier, the payment of which would otherwise not have been due and payable;

    v) disallow any concessions otherwise claimable by You;

    vi) terminate or suspend delivery of any Goods or Services which are the subject of any other sale between You and Us, or between Us and any third party on Your behalf;

    vii) enter any premises where the Goods and/or our equipment may be located to re-take possession of the Goods and/or our equipment (You acknowledge and agrees that You authorises the Us or any of our agents to do so, and that Us or any of its agent will not be liable to You in any way whatsoever for any loss, damage or claim by doing so);

    viii) treat Your default as a repudiation of any existing contract for the purchase of Goods and/or Services and recover any unpaid sum from You by way of liquidated damages.

    e) In the event of You being in default of Your obligation to pay and the overdue account is then referred to a debt collection agency, and/or law firm for collection You shall be liable for the recovery costs incurred and if the agency charges commission on a contingency basis You shall be liable to pay as a liquidated debt, the commission payable by Us to the agency, fixed at the rate charged by the agency from time to time as if the agency has achieved one hundred per cent recovery and the following formula shall apply:

    i) Commission = ((Original Debt)/(100 – Commission % charged by the agency (inc. GST))) x 100

    f) In the event where We, or our agent refers the overdue account to a lawyer You shall also pay as a liquidated debt the charges reasonably made or claimed by the lawyer on the indemnity basis

    14. Charging Clause

    a) To secure payment of all moneys which are or may become payable by You to Us, You (or where You are comprised of two or more persons or other entities then each person and other entities jointly and severally) hereby charges as legal and/or beneficial owner and as trustee of any trust in favour of Us all of Your right, title and interest in land (held now or in the future) with the due payment of all of those moneys. You acknowledge that We may register a caveat or caveats over Your land in respect of this charge.

    b) If You are a trustee of any trust:

    i) You are bound by this agreement, and You charge Your land as trustee;

    ii) You warrant that it is a proper exercise of Your authority and power under the trust instrument and at law to trade with Us and to charge the Your Land in accordance with this agreement.

    iii) upon demand by Us, You agree to immediately execute a mortgage or other instrument in terms satisfactory to Us to further secure the Your indebtedness to Us and You acknowledge by reason of this agreement to give a mortgage in favour of Us and that We are an equitable mortgagee in respect of Your Land.

    iv) Should You fail within a reasonable time of such demand to execute such mortgage or other instrument then You appoint irrevocably the credit manager or a duly authorised officer of Us to be the Your lawful attorney to execute any such mortgage or other instrument.

    c) Notwithstanding any other term of this Agreement, if at any time Our costs of supplying goods and/or services under this Agreement change due to government action (including imposition of a new tax or charge), a change in law, a change in tax, unforeseen events or circumstances beyond Our control (for example, a significant and unexpected increase in the cost of fuel, power, feedstock or distribution), inaccurate or inadequate provision of information by You, or delay caused by You, We reserve the right to adjust prices to take account of such change in Our costs, including by applying a surcharge.

    15. Exclusion and limitation of liability

    a) We do not exclude or limit liability for our negligence or negligent omission which causes You personal injury or death.

    b) We shall only be liable for any loss or damage suffered by You which is a reasonably foreseeable consequence of a breach by Us of this contract. In the event that any loss or damage suffered by You relates to Your business activities [or Use of the Premises for commercial purposes] then We exclude all liability for any business loss and in particular We exclude all liability for loss of profits or other economic loss arising out of a breach of this contract.

    16. Trust and Trustees

    a) Where You are a trustee of any trust:

    i) You agree to produce immediately to Us a stamped copy of the trust deed (including all amendments) upon written notice from Us demanding a copy of that trust deed.

    ii) You warrant that You have full power and authority to enter into this agreement on behalf of the trust and that it shall be bound by this agreement both personally and as trustee and this clause extends to any land held by You as trustee.

    17. Termination of contract by You

        1. a) Once We and You enter into a binding contract You will normally not be able to terminate the contract, except where We agree or as otherwise provided for in this contract.

    b) If We agree to terminate the contract then You will be responsible for the cost of:

    i) any of our time in performing the Services up to the date We stop providing the Services; and

    ii) any Materials We are contractually committed to buying up to the date of termination (whether or not We need to pay for them before or after the date the contract between Us and You is terminated). Any Materials We have purchased (but not Used in performing the Services) will be delivered to You.

    c) In the circumstances stated in paragraph 17(b) We will first deduct the amounts for which You are responsible from any deposit You have paid. Any remaining deposit will be returned to You. If the amount owing is greater than the deposit We will return invoice You for the amount in excess of the deposit.

    d) If You:

          1. i) purport to terminate the contract; or

    ii) give notice purporting to terminate the contract; or

    iii) otherwise do not fulfil Your obligations (such as by not paying any sums due to be paid to Us) in a way which amounts to You terminating the contract, We do not have to accept Your termination of the contract except as provided in paragraph (b) or as otherwise provided for in this contract. However, We may choose to accept termination of the contract, and if We choose to do so You will be required to pay to Us a reasonable amount for the losses and costs (including loss of profit) We have suffered. If You have paid a deposit, this will be retained and if our reasonable losses and costs (including loss of profit) are greater than the deposit We have retained We will require You to pay for our losses and costs in excess of the deposit retained.

    18. Amendments to the contract terms and conditions

    a) We will have the right to amend the terms and conditions of this contract where:

          1. i) We need to do so in order to comply with changes in the law or for regulatory reasons; or

    ii) We are changing the rates We charge for the provision of Services as provided for in clause 14(c); or] We need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long such correction is minor and does not materially affect the contract.

    iii) We need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long such correction is minor and does not materially affect the contract

    b) Where We are making any amendment We will give You [30] days’ prior notice (unless the contract is terminated before that period).

    19. Communicating with Us

    a) You can always telephone (our contact numbers are [specify]).

    b) However, for important matters We suggest that You Use writing and send any communications by post to [address] (although We do accept e-mails).

    20. Confidentiality

        1. a) You acknowledge that all pricing information and any other commercially sensitive or confidential information relating to this Agreement is strictly confidential

    b) Except as stated in this Agreement or where required by PPSA, the parties to this Agreement are under an obligation to not and must not permit any of their officers, employees, agents, contractors or related bodies corporate to disclose any Confidential Information to any person, other than their professional advisers or as required by law, without the prior written consent of the party to whom the Confidential Information relates.

    c) This clause 20:

          1. i) operates for the benefit of all parties; and

    ii) continues despite the termination of this Agreement.

    d) Our treatment of personal information will be in accordance with Our Privacy Policy, a copy of which can be obtained by calling….

    e) You agree that We may obtain from, and provide to, third parties information about Your creditworthiness and payment record. We may Use, for purposes related to this Agreement, any personal information We hold on You.

    21. General

    a) Nothing in this Agreement will be interpreted or implied as constituting either Us or You as having the relationship of employee and employer or You as Our agent or Us as Your principal.

    b) We may assign or transfer this Agreement and/or any security under the PPSA to a related body corporate at any time by notice to You. A party must not otherwise assign or transfer the benefit or obligations of this Agreement without the prior written consent of the other party, not to be unreasonably withheld.

    c) We will be entitled to the full and unrestricted right, including the right to apply for patent or other protection in Our own name, to exploit any invention, technical information or know-how arising from or developed in the course of carrying out this Agreement.

    d) You have no right under this Agreement to Use any trademark, service mark, logo, and/or trade name of Clean Maintain Restore Pty Ltd or its affiliates, suppliers, advertisers, or agents or sponsors.