Terms and Conditions

RECITALS

Spruce Cleaning Services (A.B.N. 456 0144 1006) (“Spruce Cleaning Services”) operates an online platform at www.sprucecleaningservices.com.au (the “Website”) through which customers ("Users") can book a Business for the provision of domestic services ("Domestic services"), by submitting a Booking Request. Spruce Cleaning Services then matches the most suitable Business from its database of Businesses to the Booking Request.

The Business is in the business of providing Domestic services.

Spruce Cleaning Services offers the Domestic services itself and as a third-party facilitator of the contracts between the User and the Business. Accordingly, Spruce Cleaning Services can receive and confirm Users’ requests for Domestic services, issue invoices on behalf of the Business, and pass on payments to the Business.

The User enters into two contractual relationships. The first contract being with Spruce Cleaning Services, governing the access to and use of the Website in accordance with the terms and conditions of this Agreement. The second contract being with the Business for the provision of the Domestic services (“Cleaning Agreement”).

AND THE PARTIES HEREBY AGREE:

Access to and use of the Website is subject to the terms and conditions outlined in this agreement (the “Terms”).

1. Definitions and Interpretation

1.1. In these Terms (including the recitals), unless the context otherwise requires:

“Booking” means the booking made by you on the Website for the provision of Domestic services; “Booking System” means the online system which enables you to make a Booking; “Cleaning Fee” means the fee (inclusive of goods and service tax, if applicable) for the Domestic services charged on an hourly basis or flat price, as advised by Spruce Cleaning Services from time to time;

“Intellectual Property Rights” means all present and future rights anywhere in the world in relation to copyright, trademarks, designs, patents or other proprietary rights, or any rights to registration of such rights whether existing before or after your access to the Website;

“Payment Amount” means the amount that you are required to pay for the Domestic services under your Booking;

“Site Content” means all material, content and information made available on the Website including but not limited to written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression; “you”, “your” means you as the user of the Website.

1.2 In these Terms, unless the context otherwise requires:

(a) headings are for convenience only and do not affect its interpretation or construction;

(b) the singular includes the plural and vice versa;

(c) references to recitals, clauses, subclauses, paragraphs, annexures or schedules are references to recitals, clauses, subclauses, paragraphs, annexures and schedules of or to these Terms;

(d) words importing a gender include other genders;

(e) the word “person” means a natural person and any association, body or entity whether incorporated or not;

(f) where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;

(g) a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;

(h) all monetary amounts are in Australian currency;

(i) a reference to time refers to Eastern Standard Time;

(j) “includes” is not a word of limitation;

(k) no rule of construction applies to the disadvantage of a party because these Terms are prepared by (or on behalf of) that party;

(l) a reference to any thing is a reference to the whole and each part of it;

(m) a reference to a group of persons is a reference to all of them collectively and to each of them individually; and

(n) a reference to a document includes all amendments or supplements to, or replacements or novations of, that document.

2. Terms and Conditions

2.1. Access to and use of this Website is governed by these Terms.

2.2. Spruce Cleaning Services periodically reviews the Terms and reserves the right to change the Terms, without any notice to you, by updating this document. You should review this document, as available on the Website, regularly as any changes to the Terms take immediate effect from the date of the publication on this document. Your continued use of the Website after any such changes are made will be deemed to constitute your acceptance of those changes.

2.3. You acknowledge that any hyperlinks or other redirection tools taking you to other operated by third parties that appear on the Website (“Third Party Sites”) are not controlled by Spruce Cleaning Services and do not form part of the Website. You agree that you will not hold Spruce Cleaning Services liable or in any way accountable for anything that occurs on any Third Party Site.

3. Acceptance

3.1. In order to use this Website and make a Booking, you must first agree to the Terms.

3.2. You accept the Terms by:

(a) creating a User Profile; and

(b) clicking to accept/agree to the Terms.

3.3. Notwithstanding clause 3.2, you may not accept the Terms or access the Website if:

(a) you are not of legal age to form a binding contract with Spruce Cleaning Services; or

(b) you are a person barred from entering into contracts under legislation,

in which case, you must immediately leave the Website.

3.4. By accepting the Terms, you agree that this is clear and unequivocal proof that the Terms are not unconscionable, that there is no unfair bargaining power or position, that there is no duress, and that you have carefully read and understood the Terms.

3.5. If you do not understand any part of the Terms you should seek independent legal advice.

User Profile (Sections 4.1 - 4.3)

4.1. To access our services, users must register personal information, including their name, address, phone number, and payment details, on our website to create a User Profile.

4.2. Upon registration, users will be provided with a unique username and password, which are non-transferable. Users are solely responsible for all activities and payments made using their username and password. Any security breaches must be reported to us immediately.

4.3. Spruce Cleaning Services reserves the right to delete or block User Profiles at our discretion. Blocked users are prohibited from creating new User Profiles.

Booking System (Sections 5.1 - 5.10)

5.1. To schedule a cleaning service, users must log in to their User Profile and utilize our Booking System. Hourly bookings require a minimum duration of two (2) hours, while flat-priced bookings necessitate a minimum of one bedroom.

5.2. After submitting a Booking request, users will receive a confirmation receipt from Spruce Cleaning Services.

5.3. Upon receipt of a Booking request, Spruce Cleaning Services will make the necessary arrangements with our network of cleaning businesses. While users can express a preference for a specific cleaning business, availability is subject to their schedule.

5.4. Once a Booking is confirmed by a cleaning business, users will receive an acceptance email along with the Cleaning Agreement, which outlines the terms of service. Spruce Cleaning Services acts solely as a facilitator and is not a party to the Cleaning Agreement.

5.5. If a requested Booking cannot be accommodated, Spruce Cleaning Services will work with the user to arrange an alternative time for the cleaning service.

5.6. Users are strictly prohibited from engaging cleaning services outside of our Booking System on the website.

5.7. The Booking System is provided exclusively for making legitimate Bookings and payments for cleaning services.

5.8. By using the Booking System, users confirm that they are at least 18 years old and possess the legal authority to make Bookings. All information provided must be true and accurate.

5.9. Any speculative, false, or fraudulent Bookings are strictly prohibited and may result in denial of access to the Booking System.

5.10. Spruce Cleaning Services reserves the right to modify or withdraw functions available on the website at our discretion.

Payment (Sections 6.1 - 6.5)

6.1. Payment details are required at the time of Booking and are securely transferred to Spruce Cleaning Services' payment gateway, unless alternative payment methods are chosen.

6.2. Upon completion of the cleaning service, the Payment Amount will be automatically debited from the user's nominated payment method. Users must ensure sufficient funds are available to avoid additional fees for insufficient funds.

6.3. Spruce Cleaning Services will hold the Payment Amount on behalf of the cleaning business until it is remitted, refunded, or transferred to cover fees and charges. No interest will be payable on these amounts.

6.4. An invoice will be issued by Spruce Cleaning Services on behalf of the cleaning business for the Payment Amount.

6.5. Late Payments: If payment is not received within 7 days of the service completion, users will be invoiced via PayPal with a 10-day payment window. Failure to pay within this timeframe will result in a late fee of $20 per day. Unpaid accounts after 14 days may be sent to collections, and users agree to cover associated fees.

Changes and Cancellations (Sections 7.1 - 7.5)

7.1. Users may cancel or amend Bookings on the website free of charge up to 24 hours before the scheduled service.

7.2. Cancellation or amendment within 24 hours of the scheduled service will incur a cancellation fee of $50. If our cleaning team arrives and the job is canceled through no fault of their own, the full price of the quoted job may be charged.

7.2.1. If our cleaners arrive but cannot gain access to the premises due to the user's failure to cancel the appointment, the full price of the invoice may be charged to cover costs and loss of income.

7.3. Changes or cancellations are not permitted during service performance.

7.4. The Cleaning Agreement expires upon completion of the booked cleaning service.

7.5. In the event that a confirmed Booking cannot be fulfilled by the cleaning business, Spruce Cleaning Services will endeavor to find a replacement. If no alternative is available, the Booking may be rescheduled or canceled at no charge to the user.

Domestic Services (Sections 8.1 - 8.9)

8.1. Spruce Cleaning Services acts as a third-party facilitator for domestic cleaning services and provides a platform for users to purchase these services.

8.2. We do not act as an agent or broker for users or cleaning businesses, and all transactions are undertaken at the user's own risk.

8.3. While we make efforts to monitor the quality of services offered by our cleaning businesses, we do not guarantee safety, quality, or condition. Any issues should be reported to Spruce Cleaning Services for resolution.

8.4. Availability of bookings is subject to the schedule of our cleaning businesses.

8.5. Our service offerings are tailored to specific outcomes, and users acknowledge the differences between standard, deep, and move-in/move-out cleaning services.

8.6. Additional services beyond our standard offering must be selected during the booking process and may include cleaning of specific items or areas.

8.7. No refunds or discounts will be provided for unselected services.

8.8. Assessment of moving heavy furniture or equipment over sensitive surfaces will be made on a case-by-case basis, and no discounts or refunds will be provided if moving is deemed risky.

8.9. Threats or coercion regarding service provision or refunds will not be tolerated and may result in legal action.

Termination (Sections 9.1 - 9.3)

9.1. Spruce Cleaning Services reserves the right to terminate a user's access to the website at our discretion, with notification provided via email. Upon termination:

9.2. Users may terminate their agreement by contacting Spruce Cleaning Services via email. User Profiles will be disabled within fourteen (14) days of the termination request.

9.3. Spruce Cleaning Services may deduct outstanding fees and charges owed to us or the cleaning business from a user's profile prior to disabling it.

Dispute Resolution Policy (Sections 10.1 - 10.2)

10.1. We will make reasonable efforts to mediate disputes concerning the use of our website. Disputes related to cleaning services or other issues may be referred to external resolution services or authorities.

10.2. Users agree to engage in good faith with our dispute resolution process and accept the outcome of any external resolution services.

Security of Payment (Section 11.1)

11.1. We employ technical and systems measures to protect user information, including secure payment gateways. However, we do not warrant the absolute effectiveness of these measures and are not liable for unauthorized access.

Privacy (Sections 12.1 - 12.2)

12.1. Personal information collected during registration is stored and maintained in accordance with our Privacy Policy, available on the website.

12.2. Users agree to the disclosure of personal information to cleaning businesses for service provision purposes.

Intellectual Property (Sections 13.1 - 13.3)

13.1. All website content is protected by copyright, and Spruce Cleaning Services reserves all Intellectual Property Rights.

13.2. Users are granted a non-exclusive license to view, print, and download website material for caching purposes only, subject to prior written consent for certain activities.

13.3. Users must not copy, redistribute, or modify website content without prior consent.

Acceptable Use (Sections 14.1 - 14.2)

14.1. Users must not use the website in any way that breaches the Terms, infringes Intellectual Property Rights, or causes harm to availability or accessibility.

14.2. Users must not store, transmit, or distribute malicious software via the website.

Indemnity and Liability (Sections 15.1 - 15.5)

15.1. Users indemnify Spruce Cleaning Services against any claim, damage, loss, or liability arising from their breach of the Terms.

15.2. Spruce Cleaning Services will not be liable for direct, indirect, or consequential losses incurred by users in connection with website use or content reliance.

15.3. We disclaim liability for any loss or damage resulting from domestic service provision by our partnered businesses.

15.4. Users acknowledge that information provided by other users may not be accurate, and we do not accept liability for such information or user reliance thereon.

15.5. Users accept the reasonableness of the indemnity and limitations of liability outlined in these terms.

Warranties and Representations (Sections 16.1 - 16.2)

16.1. Users access the website at their own risk, and all content is provided on an "as is" and "as available" basis without warranty or condition.

16.2. Spruce Cleaning Services and affiliates make no express or implied representations or warranties regarding website content.

General Provisions (Sections 17.1 - 17.4)

17.1. Any provision of these Terms prohibited in any jurisdiction is ineffective only within that jurisdiction.

17.2. Void, illegal, or unenforceable provisions do not affect the validity of the remaining Terms.

17.3. Severable provisions may be removed without affecting the enforceability of other Terms.

17.4. These Terms are governed by New South Wales law, and users submit to the non-exclusive jurisdiction of New South Wales courts.

Late Arrival (Sections 18.1 - 18.4)

18.1. A one-hour arrival window is strictly enforced due to potential unforeseen circumstances.

18.2. Refunds or discounts due to perceived lateness within our arrival window will be denied.

18.3. Users dissatisfied with our arrival window should seek alternative service providers.

18.4. Threats or coercion to demand immediate compensation for perceived lateness will be considered libel or blackmail.

Indemnity and Liability (Sections 15.1 - 15.5)

15.1. Users agree to indemnify Spruce Cleaning Services against any claims, damages, losses, or expenses resulting from actions breaching the Terms.

15.2. Spruce Cleaning Services will not be liable for any direct, indirect, or consequential losses arising from the use of the website or reliance on its content.

15.3. We are not responsible for any loss or damage resulting from the provision of cleaning services by our partners.

15.4. Users acknowledge that information provided by other users, such as ratings, is for general guidance only, and Spruce Cleaning Services is not liable for its accuracy.

15.5. Users accept the reasonableness of the indemnity and liability limitations outlined in this clause.

Warranties and Representations (Sections 16.1 - 16.2)

16.1. The website is provided on an "as is" and "as available" basis, and users accept any associated risks.

16.2. Spruce Cleaning Services and its affiliates make no express or implied warranties regarding website content or operation.

General Provisions (Sections 17.1 - 17.4)

17.1. Prohibited provisions or applications in any jurisdiction do not affect the validity of the Terms elsewhere.

17.2. Void, illegal, or unenforceable provisions in one jurisdiction do not impact their validity in others.

17.3. Severable clauses may be removed without affecting the enforceability of other provisions.

17.4. The Terms are governed by New South Wales law, and users submit to the jurisdiction of New South Wales courts.

Late Arrival (Section 18)

18.1. Spruce Cleaning Services maintains a one-hour arrival window due to unforeseen circumstances or traffic delays.

18.2. Refunds or discounts for perceived lateness within this window will be denied.

18.3. Users needing precise arrival times are encouraged to seek alternative providers.

18.4. Threats of legal action or reputation damage for refusal to issue immediate refunds will be considered libel and blackmail.

18. Late Arrival

18.1. Arrival Window Policy:

• We maintain a strict, non-negotiable arrival window of one hour. This policy accounts for any unforeseen circumstances or traffic delays that may be beyond our control.

18.2. Refund Policy:

• Requests for refunds or discounts due to our cleaner arriving closer to the end of our arrival window will not be accommodated.

18.3. Alternative Arrangements:

• If our arrival window does not suit your circumstances, we encourage you to seek services from another provider who may offer a guaranteed exact arrival time.

18.4. Non-Compliance Policy:

• Any threats of legal action or attempts to damage our reputation unless immediate payment or refund is provided for perceived lateness within our one-hour arrival window will be considered as libel or blackmail. Such actions will be documented and may be used as evidence in civil proceedings.

19. Unpaid Services

19.1. Payment Terms:

• Invoices must be settled within 10 days of issuance. Failure to do so will result in additional charges, which are non-negotiable.

• After 10 days of outstanding payment, a further $20 late payment fee will be applied to the invoice.

• Any outstanding amount beyond 10 days will incur a daily late charge of $20.

• In the event of overdue accounts being referred to a debt collection agency or legal authorities, you will be liable for all associated costs.

19.2. Payment Options:

• For one-off services, we accept cash payments. Regular cleaning services must be paid using one of the following options:

  • Credit/Debit Card: We ensure the security and confidentiality of your personal details through our encrypted payment gateway.

  • Over the Phone: Card details are accepted over the phone for existing customers and securely stored for future transactions.

  • PayPal: We offer PayPal as a secure payment option for added peace of mind.

  • Bank Transfer: Payments via bank transfer require inclusion of your unique reference number, available on your invoice.

19.3. Quotations:

• Official quotes will only be issued for jobs inspected onsite. All other quotations are indicative and subject to change.

19.4. Quoting Errors:

• In case of a quoting error, we reserve the right to void the quote and issue a new one.

20. Move In Move Out Services

20.1. Booking Protocol:

• It is essential to select the correct service when booking. Hourly rates cannot be used for move-in/move-out services, and deep clean options cannot substitute our move-in/move-out service.

20.2. Rate Clarification:

• If a customer mistakenly books an hourly service or deep clean for a move-out, Spruce Cleaning Services reserves the right to charge the move-in/move-out rate accordingly.

20.3. Notification Process:

• Customers will be informed in advance via email and text message if a move-in/move-out rate will be applied.

20.4. Refusal to Pay Excess:

• If a customer refuses to pay the excess for a move-in/move-out service, Spruce Cleaning Services reserves the right to cancel the job and charge a non-refundable fee equivalent to one hour's work for two cleaners ($95).

20.5. Bond Back Guarantee:

• All move-out cleans for previously tenanted properties are entitled to a bond back guarantee within our checklist and service scope. Refunds will not be provided for areas outside our scope of service, such as light fixtures or ceiling repairs.

20.6. Property Conditions:

• Customers guarantee that their property is safe for our service providers, with running hot water and electricity, and free from furniture during cleaning sessions. Failure to adhere to these conditions may result in job cancellation.

20.7. Follow-Up Timeframe:

• Our bond back guarantee includes a follow-up visit within 3 days for issues within our scope. We cannot attend to requests more than 5 days after completion of services.

20.8. Legal Threats Policy:

• Any threats of legal action or demands for payment unless services are re-cleaned for free after more than 5 days will be considered as slander and libel and may result in civil action.

21. Property Damage

21.1. Damage Reporting Process:

• In the event of accidental property damage by one of our service providers, you agree to follow our damage claims process. Damages must be reported to Spruce Cleaning Services head office on the day of or the day after the service is rendered.

21.2. Damage Claim Investigation:

• Spruce Cleaning Services will endeavor to repair, replace, or cover the cost of accidental damage through our or our cleaning partner's relevant insurer.

21.3. Timeframe for Claims:

• Damage claims must be reported within 48 hours of service. Claims made beyond this timeframe will not be considered.

21.4. Insurer's Guidelines:

• You agree to adhere to best practices required by our insurance provider. No monetary value will be passed onto you in replacement of an insurance claim by Spruce Cleaning Services.

21.5. Legal Threats Policy:

• Any threats of legal action or demands for payment unless damages are repaired or paid for out of pocket will be considered as libel and may result in civil action.

22. Our Satisfaction Guarantee

22.1. Satisfaction Guarantee Policy:

• If you are unhappy with the service received, we will rectify the areas deemed unsatisfactory free of charge. If after the re-clean, the service remains unsatisfactory with conspicuous proof, we will refund your service in full.

22.2. Timeframe for Notification:

• Notification of dissatisfaction must be provided within 48 hours of service completion. We will return free of charge for rectification within 7 days of notification.

22.3. Exclusions to Guarantee:

• Our satisfaction guarantee does not apply to services booked incorrectly or where something has gone awry through no fault of our own.

22.4. Limitations to Guarantee:

• The satisfaction guarantee does not entitle you to free service provision beyond the 7-day grace period or monetary payment in lieu of a re-clean within this timeframe.

22.5. Legal Threats Policy:

• Any threats of legal action or demands for payment unless entitlement to our satisfaction guarantee is met will be considered as libel or blackmail and may result in civil action.

23. Verbal and Physical Abuse From Clients

23.1. Zero-Tolerance Policy:

• Spruce Cleaning Services has a zero-tolerance policy for any verbal or physical abuse directed at or towards our cleaning teams. If our teams feel uncomfortable or if there is verbal or physical abuse, we will cancel the job with the full price of the booking charged. We will also notify the necessary authorities. Spruce Cleaning Services cleaning teams do not come to work to be scolded, abused, harassed, or intimidated by clients.

24. Damages to Fixtures and Appliances Within the Home

24.1. Damage Resolution Process:

• Spruce Cleaning Services will endeavor to repair, replace, or cover the cost of accidental damage through our or our cleaning partner's relevant insurer.

24.2. Timeframe for Claims:

• Damages must be reported on the day of or the day after service. Claims made beyond 48 hours after service will not be considered.

24.3. Legal Threats Policy:

• Any threats of legal action or demands for payment unless damages are repaired or paid for out of pocket will be considered as libel and may result in civil action.

• Threats to damage our business reputation, if we don't fix or repair your damage or pay for your damage out of pocket, will be taken as libel and will be dealt with by our legal counsel. We will seek full damages through the courts should we be blackmailed into paying monetary sums or repairing appliances to which we have not done damage or where the process outlined in 22.2 is not followed.