Miracle Workers Cleaning--Terms of Trade

MIRACLE WORKERS CLEANING PROFESSIONALS LIMITED

TERMS AND CONDITIONS OF TRADE

1    Definitions

1.1    "Miracle Workers" "we" "us" or "our" shall mean Miracle Workers Cleaning Professionals Limited or any associated division, company, employee or agent. "You" or "Your" shall mean the purchaser of any Goods or Service from us.

1.2    "Goods" means all goods and services supplied by us to you.

1.3    "Amount owing" shall mean the price of the goods plus all costs, expenses and penalties for which you are liable to pay us.

2    Acceptance and General

2.1    These terms apply to all Services that we (Miracle Workers Cleaning Professionals Limited) provide to you at anytime, whether now or in the future. These terms always apply except when we have expressly notified you otherwise in writing.

2.2    Any order received by us from you and/or use of your credit account with us (if any) shall constitute acceptance of these terms.

2.3 These terms

(a) may be amended by us from time to time; and

(b) express the entire understanding and agreement between you and us;

(c) shall prevail in the event of any conflict between these terms and the provision of any document used by you or any other agreement with us;

(d) and any other agreement with us can only be varied by our express acceptance in writing.

2.4    Each clause and its provisions of these terms are severable and independent of each other and if for any reason any clause or provision is found to be invalid or unenforceable it shall not prejudice or affect the validity on any other clause.

2.5    All the rights and remedies under this agreement shall remain in full force notwithstanding any neglect, forbearance or delay in enforcing thereof.

2.6    Any notice provided to be provided by us to you or any guarantor, including notification of any alterations of these terms, shall be deemed delivered and received by you five days after posting to your last known mailing address.

3    Payment Terms

3.1    All accounts shall be payable on the day the work is carried out by us and in accordance with the agreed credit terms elected by us.

3.2 You agree to pay all invoices on receipt; OR

3.3 You agree to pay by the 20^th of the month following completion of work where we have entered into a credit arrangement with you upon successful application by you for credit.

3.4    We may allocate payments as we see fit notwithstanding any specific tender by you.
3.5    Payment of the amount owing shall be free of any counterclaim, set-off, deduction or any other claim whatsoever.
3.6    If you do not pay the Account owing on time we may, at our option:

(a) suspend or restrict your use of the Services;

(b) terminate Services;

(d) charge you a Finance Fee of 10% ("Late Payment Fee") of any outstanding account that remains unpaid on the 20^th of the month following completion of work;

(e) charge you default interest at the Default Rate (5% per month) on the amount outstanding until the actual date of actual payment of all amounts owing (including default interest and Finance Fee);

3.7 You shall be liable for ALL costs incurred by us in recovering the amount owing including debt collection agency commissions, fees and/or other charges, and legal costs.

4 Cancellations

4.1 You agree to pay a cancellation fee equal to 100% of the full service fee if, for any reason:

(a) You cancel your service with less than 24 hours notice; or

(b) We arrive on the scheduled day but are asked to "come back later"; or

(d) The alarm is set and we do not have instructions to disarm; or

(e) The lock has changed or is malfunctioning; or

(f) The presence of guests or workers prevents us from cleaning; or

(g) The customer (or customer's agent) is not at the property as arranged and we have no key to the property.

5    Credit References and Provision of Related Services
5.1    You authorise us to check your credit status with any credit reference agency and/or credit referees you provide as we see fit from time to time and to pass on credit information about you to any credit reference agency at any time. If you are not satisfied with the information about you which we receive from any credit reference agency, you must deal directly with the credit reference agency to resolve this.
5.2    We may decline your application for the Services (and/or any request for Additional Services) at our discretion and we do not have to disclose our credit criteria or the reasons for our decision.

6    Warranties

6.1 We warrant that we will provide all our Services with the care and skill that can be expected from a competent cleaning/lawn mowing service provider.

6.2    We warrant that any defective service will be rectified by us provided that any such defect is notified to us within 24 hours of service delivery.
6.3    You cannot claim warranty service if your account is overdue. We reserve the right to withhold or refuse warranty service until you correct the arrears.

7    Liability

7.1 Whilst all care will be taken, we will not be liable to you, or any third party, for any:

(a) loss or damage to any property or its contents from any cause,

(b) breach of security;

(d) Incidental, indirect special or consequential loss or damage.

7.2 The limitations and exclusions of liability in this clause 6 shall apply however liability arises, whether in contract, tort (including negligence), breach of statutory duty or otherwise.

8 Cessation of Services

8.1 Either of us may suspend or terminate the Services at any time.

8.2 All Accounts owed by you to us must be paid within 14 days of termination of Services in accordance with clause 3 Payment Terms.