1. These Terms and Conditions shall apply to the exclusion of all others including any Terms and Conditions of the Customer (whether on the Customer’s order form or otherwise). No goods or services shall be supplied by the King Kleen 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.
“King Kleen” The principal contractor of goods and services known as King Kleen and/or King Kleen Kingston, Ontario.
“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 King Kleen.
“Goods” means the consumable items or any products provided by King Kleen for the Customer for use at the customer site.
“Services” means regular or one-off cleaning service provided by King Kleen at the premises requested by the Customer.
2. The Contract shall exist on an ongoing basis and may be terminated by either party giving 30 days’ notice in writing. 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.
3. Invoicing shall take place in advance and shall become due for payment on the 7th day of each month.
4. At no time can the customer short pay or waive payment of any invoiced fee without acceptance by King Kleen management.
5. After the due date of payment, King Kleen will charge a late payment fee of $20.00 per month + GST.
6. King Kleen may in its absolute discretion impose an account keeping fee of no more than 15% of the value of each invoice.
7. The Customer agrees to pay and reimburse King Kleen on demand for all legal costs, stamp duty or other costs or expenses suffered or incurred by King Kleen in respect of the preparation of any agreements, personal guarantees, securities or other documentation required by King Kleen to document or secure the provision of credit to the customer together with all collection and enforcement costs and expenses which King Kleen may suffer or incur in connection with 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.
8. King Kleen may increase its base service fees annually.
9. Public or Bank Holidays, this service will be charged at double the regular rate.
10. King Kleen accepts MasterCard, Visa Card, EFT or cheque payments. King Kleen may, at its discretion, charge a processing fee of no more than 3% of the value of the transaction.
11. King Kleen will charge a late payment fee of $20.00 per month + GST on all outstanding invoices.
12. One months’ written notice, or payment of one months’ service fees in lieu of notice is required should you decide to discontinue using the services and/or receiving products.
13. We reserve the right to alter our fees should the scope or complexity of the work change from that originally contracted; or from time to time as required. When a change in fee is necessary, written notice will be given and your invoicing will be amended from the date the change occurs.
Goods or Service Claims
14. The Customer shall be deemed to have accepted goods or services as being in accordance with its order unless; it notifies King Kleen 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. King Kleen will not accept any return of allegedly defective or faulty goods or offer any leniency on the CONTRACT PRICE payable, unless King Kleen has given prior written authorisation.
15. If the Customer agrees to allow King Kleen to manage and provide adequate consumable stock as needed, the customer must notify King Kleen of any faulty items within 7 days of receipt of the goods.
Events beyond the control of King Kleen
16. King Kleen 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 King Kleen) Under these circumstances King Kleen shall still be paid for the service irrespective and shall not incur any expenses, nor suffer damages, for such withdrawal of services.
Accidents and Damages On-site
17. All King Kleen subcontractors are deemed to be insured with Public Liability Insurance. King Kleen will not be responsible for any accidental damages incurred by King Kleen subcontractors at any time. Any damage to a customer site must be reported by the Customer to King Kleen within 24 hours and documented by the customer in the Communications journal on site.
Changes in Ownership
18. 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 ownership of the Customer’s business changes, the Customer will remain liable for all debts incurred on this account until such time as King Kleen is notified in writing of such change.
Change of Worker
19. King Kleen 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.
20. The Customer agrees that should the cleaning contract be terminated for any reason, that for a period of one (1) year from the date of termination, the Customer will not solicit or engage any King Kleen employee or Sub Contractor to work directly for the Customer in any capacity unless a selection fee equal to 30% of the King Kleen employee or Sub-Contractor’s last 12 month’s invoices is paid by the Customer or recruiting organisation to King Kleen.
21. For the purposes of this covenant not to compete, competition is defined as soliciting or accepting employment by, or rendering services to, any person or organisation that is or was a customer of the King Kleen.
22. The proper law of all contracts arising between King Kleen 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.
23. Headings to sections and paragraphs of this document are for ease of reference only.
24. King Kleen Agrees to:
- provide the service in accordance with the supplied specification.
- comply fully with all current legislation.
- ensure the security and confidentiality of the customer premises.
- conduct itself in courteous manner at all times.
- conduct site visits to verify quality assurance standards.
25. The Customer Agrees to:
- provide access keys and alarm codes to King Kleen for cleaning outside normal business hours
- advise King Kleen of any restrictions on access to premises or any part thereof, provided that King Kleen 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 King Kleen Communications booklet on-site.
- keep King Kleen advised of any contact changes included in the Customer Information form attached
I/we certify that the information provided is correct, that the credit if granted is for commercial purposes and that I/we have read these Terms and Conditions and agree to abide by them.
Agreed & Accepted by:
OWNER – King Kleen Kingston, Ontario