These terms and conditions are between Icon Cleaning Limited trading as ICON CLEAN (NZBN 9429050737772), (we, us or our) and you, the person or entity stated in the Order or the Proposal (you or your), together the Parties and each a Party. Together, these terms and conditions and the Order or Proposal (as applicable) form the entire agreement under which we will provide the
Services to you (Terms).
1. Acceptance
1.1 You have requested the Services set out in the Order or the Proposal, and you are taken to have accepted these Terms by the earlier of: (a) placing an Order through our website and clicking “I accept,” or accepting the Proposal (including via email); (b) instructing us to proceed with the Services; and (c) making any payment of the Price (including any deposit).
2. Services
2.1 We agree to provide the Services to you in accordance with these Terms and all applicable laws.
2.2 We may provide the Services to you using our Personnel
3. Time
3.1 We will use our commercial best endeavours to provide the Services at the dates and times set out in the Order or the Proposal. You acknowledge that any arrival times specified in the Order or the Proposal are an estimate only and we are not liable to you if we arrive at the Premises after such time.
3.2 We will have no liability (including a failure to meet any date referred to in clause 3.1) for delays caused by one or more of the following events or circumstances: (a) a Variation or deemed Variation; (b) an act, omission or breach by you or any of your Personnel; (c) traffic or other travel delays; (d) prior cleans taking longer than anticipated to complete; (e) inclement weather; (f) delays in obtaining approvals for the Services from relevant Authorities; (g) industrial action, except where caused by us; and/or (h) any other event or circumstance beyond our reasonable control (including Force Majeure Events).
4. Your Consumer Law Rights:
4.1 If you are acquiring the Services for personal, domestic or household use or consumption: (a) Certain legislation, including New Zealand Consumer Law and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Services which cannot be excluded, restricted or modified (Consumer Law Rights). Nothing in these Terms excludes your Consumer Law Rights as a consumer under the NZCL. (b) You agree that our Liability for the Services is governed solely by the NZCL and these Terms. (c) Subject to your Consumer Law Rights, we exclude all express and implied warranties, representations and guarantees of any kind (whether under statute, law, equity or on any other basis) and all materials, work, goods and services (including the Services) are provided to you without warranties, representations and guarantees of any kind, except where expressly provided in these Terms. 4.2 If you are acquiring the Services for the purposes of trade, you agree that: (a) we are supplying and you are acquiring Services for the purpose of trade; (b) to the maximum extent permitted by law, the provisions of the Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply to this Agreement; and (c) it is fair and reasonable that the Parties are bound by this clause.
5. Variations
5.1 All Variations must be agreed in writing between the Parties and will be priced in accordance with the Order or the Proposal, any schedule of rates provided by us, or as otherwise agreed between the Parties.
5.2 You may request a variation or change to the Services, including the timing for the provision of the Services, by providing written notice (including by email) to us, with details of the requested variation or change (Variation Request).
5.3 We will not be obliged to comply with a Variation Request unless the Parties agree to the Variation Request (or an amended Variation Request) in writing, including any effect on the Price (Variation).
5.4 If we consider that any instruction or direction from you constitutes a Variation, then we will not be obliged to comply with such instruction or direction unless and until a Variation Request has been issued in accordance with clause 5.2 and a Variation has been agreed in accordance with clause 5.3.
6. Your Responsibilities
6.1 You agree to provide us (and our Personnel) with any keys or access codes for the Premises to allow us to have unfettered access to the Premises (and the facilities at the Premises), free from harm or risk to health or safety: (a) at the times and on the dates requested by us; and/or (b) to enable us to comply with our obligations under this Agreement or at Law, and you agree to pay us the Cancellation Fee (as defined in clause 9.3) for any Services we are unable to provide as a result of your failure to comply with this clause, as a debt due and immediately payable to us.
6.2 We will keep any keys and access codes for the Premises safe and secure and will not provide them to any third parties. If we are unable to access the Premises for any reason, we will contact you and arrange an alternative date and time to provide the Services.
6.3 You are responsible for the acts or omissions, and any goods or services provided by you or your Personnel. You agree to ensure that you and your Personnel cooperate with us, are polite and respectful to our Personnel and do not interfere with the supply of the Services.
6.4 You agree that any information, documentation, specifications, goods or services provided, or directions provided, by you or your Personnel in relation to the Services (Your Items) will be:
(a) provided solely at your own risk, and you agree that we will assume no responsibility or Liability for Your Items;
(b) fit for purpose, of merchantable quality and compliant with all applicable laws; and
(c) sufficient to enable us to comply with our obligations under these Terms and all applicable laws, and we will have no liability to you for any Liability, and you waive and release us from any such Liability, arising from Your Items.
6.5 If, for any reason, you are not satisfied with the Services, you must notify us in writing within 24 hours of the Services having been provided and include details as to your reasons for non- satisfaction and supporting evidence. You must allow us an opportunity to return to the Premises before engaging anyone else to rectify any issues. We may (in our sole and absolute discretion) agree to return to the Premises to rectify any issues identified at no cost to you, or provide you a full or partial refund of the Price paid for the Services to which your non-satisfaction relates. If you do not notify us of your non-satisfaction with the Services within 24 hours, then you are deemed to be satisfied with the Services and any further services we carry out at the Premises will incur our usual charges.
7. Price and Payment
7.1 You agree to pay us the Price in accordance with the Order or the Proposal and these Terms.
7.2 Where you have placed an Order, payment for the Services is to be made via our website using our third-party payment processor, and payment will be deducted from your credit or debit card 24 hours after the Services have been provided. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor. It is your responsibility to check the Order details, including selected Services and pricing, before you submit your Order.
7.3 You acknowledge and agree that our third-party payment processor may store your credit card details and payment information, and that this payment information may be used to automatically charge you for recurring or future Orders.
7.4 Where you have been provided with a Proposal by us, we will invoice you as set out in the Proposal. You must pay the Price in accordance with the terms of our invoice.
7.5 The Price and any other amounts payable to us are stated in New Zealand dollars and are exclusive of GST (unless otherwise stated).
7.6 If you fail to make payment of the Price or any amount payable under these Terms, we may:
(a) after a period of 5 business days, cease providing the Services, and recover, as a debt due and immediately payable from you, our additional costs of doing so, (including legal fees, debt collector fees and mercantile agent fees);
(b) require payment of the Price for future Services in full upfront;
(c) cancel these Terms in accordance with clause 9; and/or
(d) commence proceedings against you and recover from you, our additional costs (including legal costs) in doing so.
7.7 You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us (whether under these Terms or otherwise).
8. Warranties and Representations
8.1 Each Party represents, warrants and agrees that:
(a) it has full legal capacity, right, authority and power to enter into these Terms, to perform its obligations under these Terms, and to carry on its business;
(b) that these Terms constitute a legal, valid and binding agreement, enforceable in accordance with their terms;
(c) if applicable, it is registered for GST purposes.
8.2 You represent, warrant and agree that:
(a) you have effected and will maintain appropriate insurance policies for the Premises for the duration of our provision of the Services under these Terms
(b) you have not relied on any representations or warranties made by us in relation to the Services (including as to whether the Services are or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
(c) you will cooperate with us, and promptly provide us with all documentation, information, instructions, facilities and access (including access to the Premises) as may be reasonably necessary to enable us to provide the Services in accordance with these Terms;
(d) the information you provide to us is true, correct and complete;
(e) you will not infringe any third-party rights in working with us and receiving the Services;
(f) you will ensure that the Premises is safe and free of harmful materials or substances; and
(g) you are responsible for obtaining, and providing to us if necessary, any access and Approvals from third parties necessary for the Services to be provided, at your cost.
9. Termination
9.1 These Terms will commence on the Commencement Date and will continue until the earlier of the date:
(a) the Services are supplied to you in accordance with these Terms; and
(b) these Terms are cancelled in accordance with clause 9, (Term).
9.2 Either Party may terminate these Terms, or where the Services are a recurring clean, cancel any upcoming cleans, at any time by giving not less than 24 hours’ notice in writing to the other Party prior to the date on which the Services are to be provided.
9.3 If you provide less than 24 hours’ notice to terminate these Terms or, where the Services are a recurring clean, cancel any upcoming clean, or you do not provide us with access to the Premises in accordance with clause 6.1, you must pay us a cancellation fee of $60 (Cancellation Fee). You acknowledge and agree that such fee is a genuine pre-estimate of the loss we will suffer as a result
of your last-minute cancellation or termination. Any amounts paid to us by you in relation to Services that have not been provided as at the date of termination will be refunded to you, less any Cancellation Fee payable (if applicable). If you cancel an upcoming clean, we will, unless otherwise advised in writing by you, carry out the next scheduled clean after the cancelled one. You acknowledge and agree that this fee represents a genuine pre-estimate of the loss we will incur due to your last-minute cancellation or termination. Any payments made by you for Services that have not been provided by the termination date will be refunded, minus any applicable Cancellation Fee. If you cancel a scheduled clean, we will, unless instructed otherwise in writing, proceed with the next scheduled clean following the cancelled one
