Copacabana Property Management (CPM) – Terms & Conditions of Property Services
- DEFINITIONS & INTERPRETATION
1.1 In these Terms & Conditions:“Customer” means the individual, company or organisation that is identified as the Customer in the Form of Agreement; “Contract” means the contract for property services between CPM and the Customer comprising the Form of Agreement, these Terms & Conditions and the Schedule; “Services” means the services described in the Schedule; “Service Time” means the booked time for the Service and “Site” means the place or places identified in the Schedule where the Services are to be performed.
1.2 These Terms and Conditions are the only terms and conditions on which CPM contracts with its customers and any other terms and conditions put forward by the Customer are excluded.
- PROVISION OF SERVICES
CPM will provide the Services in accordance with the Contract, including staff, equipment and materials unless otherwise agreed to in writing in the Schedule.
- TRIAL PERIOD AND DURATION OF SERVICES
This Contract includes a trial period of four services starting from commencement of the Service. If the Customer is not satisfied with the Services provided after the trial period, this contract may be terminated by the customer. The termination needs to be made in writing and within 24 hours after the fourth Service has taken place.
If the Customer wishes to continue with the Services after the trial period, the initial period of the Contract is 12 months including the trial period unless a different period is specified in the Schedule. Unless terminated early in accordance with these Terms and Conditions, the Contract will continue after the initial period until it is terminated by either the Customer or CPM giving at least one month’s written notice to the other expiring at the end of a calendar month.
- FEES AND PAYMENT
4.1 The minimum Service Fee is equivalent to one hour of Service within a distance of 5 km from the CPM office, two hours within a distance of 5.1 km to 10 km, three hours within 10.1 km to 15 km, four hours within 15.1 km to 20 km, five hours within 20.1 km to 25 km and six hours plus within more than 25 km. For Services 20+ km from the CPM office additional travel costs of $0.76 per kilometre may apply for each Service. CPM will submit invoices on a weekly, fortnightly or monthly basis and all invoices are due for payment within 14 days from the invoice date. Should any additional services be required (“Additional Services”) falling outside the Services defined in the Schedule, CPM will provide the Customer with a written quotation for those Additional Services itemising the costs of labour and materials. If the Customer approves this quotation in writing CPM shall carry out the agreed Additional Services in accordance with the quotation and invoice the Customer additionally.
4.2 Any query concerning an invoice must be raised within three days of the date of issue and CPM will respond promptly. The Customer is not entitled to withhold any payment without CPM’s prior written consent.
4.3 If any payment is not made on the due date, CPM is entitled to claim late payment fees. Outstanding accounts beyond 30 days will be charged interest of 1.75% daily until finalised. These entitlements do not affect the other rights of CPM under the Contract.
4.4 All quoted charges are exclusive of GST which will be added as appropriate and a GST invoice or GST receipt issued.
4.5 All charges are subject to increase after 12 months or on the review date specified in the Schedule, if earlier.
- SERVICE CHANGES AND CANCELLATIONS
5.1 The Customer can cancel and amend a Service free of charge up to 48 hours before the Scheduled Time.
5.2 If the Customer cancels or amends a Service between 24 and 48 hours before the Cleaning Service is scheduled to begin, the Customer will have to pay cancellation costs equivalent to one hour of the Service Fee.
5.3 If the Customer cancels or amends a Service within 24 hours before the Service is scheduled to begin, the customer will have to pay cancellation costs equivalent to two hours of the Service Fee.
5.4 If the Customer cancels or amends a Service on arrival of CPM personnel, after the start of the service or during the service, cancellation costs will be equivalent to the full payment of the cancelled service/s unless the cancellation/s is due to justified emergency or unavoidable circumstances as described under clause 12 “Force majeure”.
5.5 If CPM is unable to fulfil a confirmed Service, it must notify the customer as soon as practicable.
- CPM OBLIGATIONS
6.1 CPM will (as far as practicable) ensure that all its personnel are known to it and/or references have been obtained. The objective of CPM is to ensure that its personnel are reliable and competent. The names of personnel working at the Site will be provided to the Customer on request.
6.2 CPM will not knowingly engage any personnel under the age of 18.
6.3. CPM will supply its personnel with photo ID cards.
6.4 Unless otherwise agreed to in writing in the Schedule, CPM will provide equipment and materials for the Services. CPM will ensure that all equipment and materials are removed from the Site at the end of each visit.
6.5. The Customer warrants that any material and equipment he supplies for the use of CPM personnel is safe to use and free from any defect. The Customer confirms that any ladder or step-ladder or an electric tool within the last 12 months has been checked.
6.6 CPM will during the lifetime of the Contract maintain adequate Public Liability Insurance with a reputable insurer.
- CUSTOMER’S OBLIGATIONS
7.1 The Customer will grant access for the CPM personnel during the agreed working hours and will take reasonable steps to ensure that the CPM personnel are not obstructed in their duties by any of the Customer’s personnel or other visitors to the Site. No access or obstructions will result in CPM personnel leaving the Site and incur cancellation costs as per clause 5.4.
7.2 The Customer will explain any alarm or security measures to CPM representatives at the start of the Contract and will notify any changes before they are put into effect. Any call-out charges or other costs arising due to activation of alarms will be to the Customer’s account even if an alarm is activated by CPM personnel.
7.3 The Customer will ensure that the Site is and will during the Contract be and remain safe for work and that it will comply with all statutory requirements for the health and safety at work of the CPM personnel. CPM may withdraw its personnel from the Site if CPM reasonably considers that they may be exposed to undue risk or danger, in which case cancellation costs will incur as per clause 5.4. The Customer will allow CPM staff to take photos of work areas before, during and after the services to be able to document the progress of the work and agrees that these photos may be used for CPM advertising/portfolio reasons as long as they do not draw any conclusions about the customers. The Customer agrees to contact the CPM office immediately if CPM personnel is scheduled for a Service and someone staying at the Site or visiting the Site is suffering from a contagious disease (i.e. flu).
- LOSS OF PROPERTY
CPM will have no liability to the Customer for any loss of or damage to property of the Customer except to the extent that the loss or damage is (a) caused by the proven negligence or default of CPM personnel and (b) is covered by the public liability insurance maintained by CPM.
- CUSTOMER COMPLAINTS
9.1 Any complaint about the performance of the Contract must be made in writing along with photographs to substantiate to CPM’s representative named in the Schedule within 24 hours of the occurrence and CPM will take all necessary action, without cost to the Customer, to investigate and (unless it reasonably considers that the complaint was not justified) take any necessary remedial action.
9.2 In the absence of complaint it will be assumed that the Customer is satisfied with the CPM’s performance of the Contract.
- SUSPENSION OF SERVICES
Failure by the Customer to pay any invoice in full within 14 days of the due date or to comply with any of its other obligations under the Contract will entitle CPM to suspend its Services under the Contract until the invoices have been paid in full and the Customer has complied with its other obligations.
11.1 Either party may terminate this Contract by not less than 30 days’ written notice to the other expiring not earlier than the end of the initial period.
11.2 Either party may terminate the Contract by written notice at any time if the other:
(a) becomes insolvent, or has a liquidator, receiver or administrator appointed, or
(b) commits a breach of the Contract and, in the case of a breach that can be remedied, fails to remedy it within 21 days after written notice requiring it to be remedied.
11.3 If the Customer terminates the Contract without notice or with less notice than is agreed, the Customer agrees to compensate CPM for loss of profit and for an amount equal to any costs it reasonably incurs with respect to personnel (including redundancy) as a result of the termination.
- FORCE MAJEURE
CPM will not be liable for any failure in the performance of any of its obligations under the Contract caused by factors outside its control (and act of “Force Majeure”). Any act of Force Majeure shall be notified as soon as possible and CPM will take all reasonable steps to overcome the problem and resume its obligations. An act of Force Majeure shall have the effect of suspending CPM’s obligations under the Contract.
All information acquired by CPM relating to the Customer’s business will be treated by CPM and its personnel as confidential and CPM will not make any use or disclosure of it. The Customer will also keep confidential the terms of the Contract and all information it obtains concerning CPM’s business. The confidentiality obligations shall survive termination of the Contract.
- NO SOLICITING OF CPM’S PERSONNEL
During the Contract and for twelve months after its termination the Customer will not directly or indirectly engage or solicit either on its own account or on behalf of any other person the whole or part time services for any purpose of any of CPM’s personnel who work in any capacity under the Contract at the Site. The Customer will be liable to pay compensation to CPM for any breach of this clause equal to twelve months’ earnings of any person who is induced to leave CPM.
CPM will have no liability to the Customer (in contract or in tort) for any loss of income, loss of profit or any other indirect or consequential loss. The CPM’s liability for any breach of contract or negligence in any month will be limited to the extent of any cover provided by Public Liability Insurance taken out by the CPM. However, liability for death or injury caused by the negligence of CPM is not limited.
- LAW & DISPUTES
16.1 If a dispute occurs the parties will endeavour to resolve it amicably by direct negotiation between their respective chief executives or other senior managers.
16.2 Either party may require that any dispute that is not resolved by negotiation may be referred to mediation on the application of either party. In that case, unless otherwise agreed to, each of the parties is responsible for carrying its own costs and the parties must equally split the costs of any mediator who has been engaged.
16.3 Any dispute that is not resolved by negotiation or mediation will be finally settled by the laws and courts of NSW.
16.4 This agreement is to be governed according to the laws of New South Wales. Both parties agree to obey to jurisdiction of the courts of NSW.
17.1 Entire Agreement. The Contract constitutes the entire agreement between the parties relating to its subject matter and supersedes all previous communications, representations and other arrangements, whether oral or written. The Customer acknowledges that no reliance is placed on any representation made by CPM but not embodied in the Contract.
17.2 Waiver. No delay or failure by either party to exercise any of its rights under the Contract will operate as a waiver of them. To be effective, a waiver must be in writing.
17.3 Third Party Rights. The rights of a third party to enforce any right under the Contract or to enforce any term of the Contract under the Contacts (Rights of Third Parties) are excluded.
17.4 Severability. If any part of the Contract is held by a court to be unenforceable or invalid, the remaining provisions of the Contract will continue in effect.
17.5 Assignment. Neither party shall be entitled to assign any of their interests in the Contract to any third party without the prior written consent of the other party, such consent may be withheld or granted at that party’s absolute discretion. This clause will not restrict the CPM from subcontracting any of its obligations.
17.6 Notices. Notices under the Contract must be given in writing and delivered to the address of the recipient