Pest Control Terms & Conditions

Pest Control

Here at CLEANMADE AUSTRALIA, we want all our clients to understand our service expectations. We feel it is important to be fully informed of the services and their expectations. Please fully review and let us know if you have any questions or concerns about any information contained in our agreement. We recommend you verify that you read and understood the terms and conditions agreement before we commence any work.

Description of Binding Agreement

These terms and conditions serve as a binding agreement between the property owner, tenant hereby identified as “client” and CLEANMADE AUSTRALIA and its owners, employees, and franchisees, hereby identified as “company,” for the execution or services in exchange for payment for residential or commercial pest control services. The services that the company provides to you are subject to the following terms and we reserve the right to update the terms and conditions any time without notice to you. You can review the Terms and conditions by clicking on the Terms and conditions links via our website, email communications, or any other communications such as quotes or invoice links.

Additions and Amendments

Any changes to the Service to be provided must be agreed to by the Company prior to starting any work. If the Client requires any additional services or variations at the time the Service is being performed, the Client must first discuss this with the Franchisee who is on-site, who may agree to carry out the additional service/s in its absolute discretion for an agreed upon additional fee. If the company attends a job site with the provision that a job has been confirmed by a client and the services are no longer needed or warranted without at least 24 Hours’ notice the company will charge a call out fee.

Health and Safety Risk

In addition to the obligations and warranties set out above, the Client acknowledges and agrees that:
A. The Company is entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk at the Premises.
C. The Company may, either before or during the provision of the Service does not provide or cease the provision of the Service where carrying out the Service presents, in the absolute discretion of the technician, a risk to health and safety.
D. Abuse or assault, verbal or physical, to the Company will not be tolerated and legal action or criminal prosecution will be taken against any Client or 3rd party who is in breach of this subsection.

*Please note: a different set of Terms and Conditions apply to Commercial Clients. For Commercial customers please scroll through below.

Residential Clients: Scope of Services

The Company will examine the contracted property and locate areas of critical pest activity. The Company will treat areas of pest infestation and surrounding common areas that show signs of a potential threat. They will also advise a treatment plan to prevent further infestations.

The Company will perform the service specified as follows:
– General Pest Control Treatment

The following exclusions apply to the service unless included in the agreed services for an additional fee:
– Maggots
– Lice
– Bed Bugs
– Fruit flies
– House flies
– Mosquitoes
– Wasps
– Bees
– Rodents & Mice
– Possums
– Termites & Timber Pests
– German Cockroaches
– Bull Ants

In the event of re-infestation within the warranty period (As per the pesticide product labels), the Company will book for additional treatment as necessary, a top up fee will apply for high infestation properties at the sole discretion of the Company. Re-servicing does not reset the warranty period.
For any service to take place, services must be paid for in full on the day of service. No further services will be carried out until the payment has been received in full. Failure to pay may result in debt collection activity.

The Company holds the rights to refuse services in accordance with the anti-discrimination law. Example, services may be refused for customers who are aggressive or intoxicated.

Environmental, Health & Safety Clauses

The Company shall endeavour to minimise the negative impact of the pest control services on the environment.
The Company shall make every endeavour to safeguard health and safety of people and animals in the property against any perils of using pesticides and nationally recognised methods of treatment appropriate to the severity of infestation or threat of infestation.
The Company may provide the Client with a report of all the pesticides which will be used in the course of carrying out the pest control services.
All pesticides that will be used by the Company in the property must be stored in a container(s) that is impervious to that pesticide and sufficiently strong to prevent leakage arising from the ordinary risks of handling and transport. Any containers brought into the property under treatment must have a label on the container(s) setting forth, clearly and distinctly the following particulars in English.
– the word “Poison”,
– the expression “Keep out of reach of children”

The Company’s responsibilities

The Company shall perform the required service(s).
The Company shall ensure that franchisees who apply pesticides in the property, are licensed & trained to carry out the pest control services correctly and safely.
The Company shall provide all necessary tools, applicators, device, equipment and supplies for the performance of its services. Such tools, applicators, device, equipment and supplies must be at all times kept in good working order.
The Company shall take reasonable care to avoid damage to the property during quotation and service. If damage does occur, the Client cannot hold the Company liable for any injury, damages, or death as a result of the service.

The Client’s responsibilities
The Client will organise adequate and safe access to the property before the service arrives including parking (in close range of the property). This is to ensure the service is completed in a timely manner. Failure to provide adequate access may also result in the warranty being voided.
The Client will ensure they advise the Company of any relevant medical conditions that can be triggered by the treatment. Failure to provide this information will result in the Company assuming the Client accepts the risk and waives the right to any claims against the Company.
The Client agrees to indemnify the Company against any loss, claim or proceeding whatsoever, arising out of any statutory regulations, legislation or at common law in respect of injury to or death of any person or animal resulting from application of pesticides by the Company, its employees, servants, or franchisees whether or not due to negligence.
The Client will indemnify the Company from and against any liabilities suffered by the Client arising out of the performance of the service.
The Client will ensure that it follows all steps as instructed by the Company as noted in their service report and the pre & post care information they have received both verbally and in writing. Failure to do so can result in re-infestation leading to a top up or re-service being needed.
The Client agrees that they are personally liable for any debts owing.
The Client will secure pets for their own safety and the safety of the company. Assuming your pet is harmless is unacceptable and must be secured at all times, so the job can be completed without the stress of injuring the pet or the Company and its franchisees. The Company do not take responsibility for pets; they must be secured when we come to your home, and we will take ZERO response of any issues. i.e., dogs running out due to a gate being left open.

Commercial Clients: Scope of Services

The Company will examine the contracted property and locate areas of critical pest activity. The Company will treat areas of pest infestation and surrounding common areas that show signs of a potential threat.
The Client is eligible for the number of services listed in the contract. If the customer requests more services than contracted, they will need to pay the service excess which is the cost of each single service.
The Company will perform the service specified as follows:
– General Pest Control Treatments
– Regular Inspections on a quarterly basis (as specified in the contract/ quote)
– Service reports in accordance with council requirements (as specified in the contract/ quote)
– Other: (will be specified in contract)
The following exclusions apply to the service unless included in the agreed services:
– Maggots
– Fruit flies
– House flies
– Lice
– Bed Bugs
– Mosquitoes
– Wasps
– Bees
– Rodents
– Possums
– Termites
– German Cockroaches
– Bull Ants
In the event of re-infestation within the service period, the Company will book for additional treatment as necessary. (And at the discretion of the Company).
In order for any service to be taken place, services must be paid for in full prior to the second scheduled service.

Environmental, Health & Safety Clauses

The Company shall endeavour to minimise the negative impact of the pest control services on the environment.
The Company shall make every endeavour to safeguard health and safety of people and animals in the Property against any perils of using pesticides and nationally recognised methods of treatment appropriate to the severity of infestation or threat of infestation.
The Company shall make every endeavour to minimise using pesticides when carrying out pest control services.
The Company shall provide the Customer with a report of pesticides which will be used in the course of carrying out the pest control services.
The Company can provide the Customer with “material safety data sheets” in respect to all pesticides which will be used. The data sheets must clearly specify the material data including:
– “Identification of the supplier / manufacturer”,
– “Composition / information of ingredients”,
– “Identification of hazards”,
– “First-aid instruction”,
– “Firefighting measures”,
– “Accident release measures”,
– “Handling and storage procedures”,
– “Exposure control / personal protection measures”,
– “Physical and chemical properties”,
– “Stability and reactivity”,
– “Toxicological data”,
– “Ecological information”,
– “Disposal considerations”,
– “Regulatory information”

All pesticides that will be used by the Company must have been registered in accordance with APVMA- (Australian Pesticide and Veterinary Medicines Authority).
All pesticides that will be used by the Company in the Property must be stored in a container(s) that is impervious to that pesticide and sufficiently strong to prevent leakage arising from the ordinary risks of handling and transport. There must be a label on the container(s) setting forth, clearly and distinctly the following particulars in English.
– word “Poison”,
– the expression “Keep out of reach of children”
The Company shall ensure that Franchisees who apply pesticides in the Property, are licensed and be sufficiently trained to carry out the pest control services correctly and safely.

Other Terms

The Company and its Franchisees shall be fully responsible for arranging adequate insurance cover for all risks arising out of performance of its services under this Contract. Such insurance cover shall include:
– Public Liability
– Work cover
In the event of any Franchisee suffering personal injury or death and whether there is a claim for compensation or not, the Franchisee shall without delay notify the company in writing of such personal injury or death.
The Company shall provide all necessary tools, applicators, device, equipment, and supplies for the performance of its services under this Contract. Such tools, applicators, device, equipment, and supplies must be at all times kept in good working order.
The Client agrees to indemnify the Company against any loss, claim or proceeding whatsoever, arising out of any statutory regulations, legislation or at common law in respect of injury to or death of any person or animal resulting from application of pesticides by the Company, its employees, servants, or workers and franchisees whether or not due to negligence.
The Client will indemnify the Company from and against any liabilities suffered by the Client arising out of the performance of the contract. This includes electrical short circuiting, water outages, gas outages, loss of food and product (in cafés and restaurants).
With respect to any fines or financial penalties, the Client agrees not to hold the Company liable for any fine or financial penalty imposed by any government agency.

Conditions

The Client will ensure that it follows all steps as instructed by the Company as noted in the Service Report, verbally or in writing. Failure to do so can result in additional costs e.g., maintaining cleanliness in the premises.
Both parties reserve the right during the Contract period to terminate the Contract by giving each other at least one month’s written notice.
The contract will not be seen as terminated until all debts are cleared.
The Client (and Business owner) agrees that they are personally liable for any debts owing, irrespective of whether the business becomes insolvent, sold, transferred, change of management, or ceased operation.

Late Payment Fee

A. Where, the company agreed to invoice the Client for payment of fees after the Service has been completed, the Client agrees to pay in full, all fees due, on completion of service.
B. The Client agrees that if, the company has not received payment in full for the Service within seven days of the original invoice date then a late payment fee of 9% will be charged for every day unless alternative arrangements can be made with the Company.
C. In addition to the amounts set out above, the Client agrees to indemnify, the Company for all legal costs (on a solicitor and own Client or full indemnity basis, whichever is greater) and other expenses incurred by the Company in connection with a demand, action, or other proceeding (including mediation, out of court settlement or any action taken for recovery of debt from the Client) arising out of a breach of these terms including the failure by the Client to pay an amount by the due date.
D. The Company reserves the right to report any non-payment to either a collection agency (where all fees are payable by the Client) and or is not limited to also report non-payment to the Rental Tenancies Authority (RTA) and or your property agent at its sole discretion and in doing this may affect your credit rating and or ability to seek rental properties in the future.

Complaints

If the Client is dissatisfied for any reason with the Service provided, they must inform, the Company within 2 Business Days of completing the Service or, the Company will not guarantee and or rectify the service. The Company strives to achieve 100% Client satisfaction where reasonably possible in its efforts to provide the Service and will endeavour to resolve a problem quickly and efficiently however, the company reserves the right to re-attend up to 7 business days after the complaint has been made, if real estate or management do not allow more than 48 hours for the company to attend to the property then no refund will be given. The Company will only return FREE OF CHARGE to services in which a FULL SERVICE has been completed and at the sole discretion of the Company. If the Client is dissatisfied, the Company may, at its discretion, offer the Client either of the following options at its sole discretion:
A partial or full refund;
B. Re-supply of the Service without charge;
C. Such other remedy as deemed appropriate by, the company.
The Company may not provide any of the above options if the property has been attended to by a third party before the Company has ha a chance to rectify the issue or if adequate proof and information ahs been provided.

Exclusions and Limitations

A. The only conditions and warranties which are binding on, the Company in respect of the state, quality or condition of goods and services supplied by, the Company to Clients are those imposed and required to be binding by statute (including Competition and Consumer Act 2010).
B. To the extent permitted by statute, the liability, if any, of the Company is, at, the Company option, limited to and completely discharged by the resupply of the Service. , the Company is not responsible for:
– Not completing or providing the Service as a result of a breach of our Customer Service Agreement by the Client (including a failure by the Client to provide a safe working environment or unencumbered access to the Premises); or
– Not completing or providing the Service as a result of the Company not proceeding for health and safety reasons.
– Any loss or damage incurred by the Client or any third party as a result of the effects of a force majeure, being any event beyond the reasonable control of , the company.
– Not completing or providing the Service due to an act or omission of the Client or any other person at the Premises during provision of the Service;
– Existing wear & tear, damage or stains that cannot be completely cleaned or removed or treated;
– Any wear or discolouring of fabric or surfaces becoming more visible post treatment;
– Any loss incurred as a result of any breakage or damage to goods, items of value (including antiques, items of sentimental value) or the Premises; or
– The cost of any key replacement or locksmith fees, unless keys were lost by, the Company.
– Except as provided in this clause, all conditions and warranties implied by law in respect of the state, quality or condition of the Service which may apart from this clause be binding on, the Company are excluded.
– The Client acknowledges that the results of any services provided may vary depending on a number of factors (including pesticides used, equipment provided, time elapsed since Premises was last treated, and the nature of infestation and treatment required), and that , the Company gives no guarantee as to the actual results of the treatment.
– The Client will secure pets for their own safety and the safety of the technicians. Assuming your pet is harmless is unacceptable and must be secured at all times, so the job can be completed without the stress of injuring the pet or the technician. The Company do not take responsibility for pets; they must be secured when we come to your home, and we will take ZERO response of any issues. i.e., dogs running out due to a gate being left open.

Indemnity

The Client indemnifies, the Company against:
A. All losses or liabilities arising directly or indirectly as a result of the provision of the Service including all losses or liabilities caused as a result of a breach of the warranties of the Client set out in clause.
B. All legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by, the Compnay in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal and including any action taken for the recovery of a debt from the Client).
15. Accidents, Breakage, Damage & Theft
A. The Client must inform, the Compnany of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Franchisee within 24 hours of completion of the Service and or contact the local authorities if needed.
B. To the extent permitted by law, the Client is not entitled to claim any loss for any incident if the incident is not reported to, the Company within 24 hours of completion of the Service.
C. To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of, the Company under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.

Cancellation Fees

A. The Client must provide, the Company with at least 24 hours’ notice prior to the Service Time within business hours and in writing, if they wish to suspend, postpone, alter or cancel the Service for any reason.
B. If such notice has been given, the Company will endeavour to reschedule the Service if required.
C. If the Client does not provide 24 hours’ notice prior to the commencement of the Service, the Customer agrees to pay a cancellation fee of $100 (inclusive of GST) for administrative costs and loss. This will be charged at, the Company’s Sole discretion.
17. Fee for Non-access to Premises
A. If the Customer does not provide unencumbered access to the Premises for the Company or its Franchisee to provide the Service, the Client agrees to pay a cancellation fee of $100 (inclusive of GST) for administrative and travel costs. Collection of keys or key cards to gain access to The Property is permitted but done so at the Company’s discretion and Clients expense.
18. Fix Up/Free Re-Visit Conditions
A. Fix up/Free re-visit once only with supplied list and photo evidence from Client and inspection from the Company.
B. Any other one-off jobs where the client has been present at the completion of work but remains unsatisfied, the Company may inspect the Service provided and if deemed unsatisfactory, will provide a free Fix Up. No Fix Up will be provided to one off job where the Client has not inspected at the end of the Service while the Franchisees are still present and, the Company accepts no third part liability.
C. If the time estimated by office staff at the time of booking is insufficient to complete The Service for any reason, staff will contact the Client. If the Client denies the request for increased time, the Company will complete as much as possible in the time specified and Fix Up services will only be available for the areas where the Service has taken place and no others.

Termination

A. This Agreement may be terminated by the Client by providing at least 24 hours’ notice prior to the Service Time.
B. The Company may terminate this Agreement at any time with little or no notice to the Client.
C. The Company may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of the Company that breach is incapable of remedy.