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Welcome to www.waikatocleaning.co.nz (the 'site'), a website hosted and operated by Waikato Cleaning Services Limited.
These terms apply to the entire contents of the site, to any web feeds produced by the site and to any feedback or submissions provided through the site. By viewing and using the site, you will be deemed to agree to these Terms Of Use.
Waikato Cleaning Services Limited disclaims and excludes all liability for any claim, loss, demand or damages of any kind whatsoever (including for negligence) arising out of or in connection with the use of either this website or the information, content or materials included on this site or on any website we link to.
Waikato Cleaning Services Limited makes no warranty or representation, express or implied, as to continuity of service. It reserves the right to suspend, terminate or otherwise alter access to some or all of the site's services at any time and without notice.
Other than personal information, which is covered under the Privacy Policy, any material you transmit or post to the site is considered non-confidential. This includes feedback or submissions you provide.
We do not claim to own your copyright material. You do, however, grant Waikato Cleaning Services Limited a non-exclusive, royalty-free and irrevocable licence to:
If your contributions to the site include material in which copyright or other intellectual property is owned by a third party, you warrant that you have the right to use that material and to grant the licence referred to in, and on the terms of, the clause above.
Waikato Cleaning Services Limited may revise these Terms Of Use at any time. Any such revisions take effect when this page is published.
1. Waikato Cleaning Services Limited or our agents, contractors, franchisees, licensees, independent contractors (“we, us, our, provider”) agree to provide to the Client (“you, customer”) all agreed labour, materials and equipment reasonably necessary for the (“Services”) provided to you in accordance with the Terms of Trade or any Service Agreement and any Cleaning Guideline (“Cleaning Guideline”). Services to be carried out at the Service Site address or Premises (“Site”) and including materials and equipment which is specified in the Cleaning Schedule (“Schedule”) unless specifically agreed in writing with you. Unless specifically agreed by us in writing, these Terms of Trade apply on all materials and goods and Services provided by us to the person, firm or body corporate (“you”) and form part of all quotes, estimates, agreements, orders or sales. The Terms of Trade will prevail at all times and apply in conjunction with any specific exclusions or additional/special terms specified in any proposal, quotes, estimates, orders or sales (“Proposal”). For the avoidance of doubt, the reference (“we, us, our, provider”) may also mean our franchisees who agrees to Service the Customers in accordance with this Terms of Trade or any Service Agreement. The Client agrees that services, whether by correspondence or any agreement, will be carried out either directly by Waikato Cleaning Services Limited and their team, or by franchisees or subcontractors, and in some cases, by multiple franchisees and subcontractors. Franchisees or subcontractors will serve Customers directly according to the Terms of Trade and any Service Agreement. The franchisees and subcontractors will be held liable for any liabilities arising from the services, including any involvement of their employees. The client may request details of the assigned franchisee and subcontractor at any time after they have been assigned to the site or services.
2. The Services will start on the Commencement Date specified in the Schedule and will end on the expiry of the Term (“Term”) specified in the Schedule unless we otherwise agree in writing. This Terms of Trade or Service Agreement is deemed binding and cannot be cancelled after the Client accepts this Terms of Trade or Service Agreement including during any period after acceptance but before the Commencement Date and if the Client has engaged with us for our Services at any time. If the Client requests any One-off or Additional Services and any other special terms then those must be agreed upon by the parties in writing, and those special terms will apply (in addition to these Terms of Trade) during the period the Provider provides such Services.
3. The initial term of this agreement shall be for Term specified in the Schedule from the Commencement Date and thereafter shall be automatically extended for a one year period on the same terms and conditions - unless either party gives written notice of termination at least 30 days before the end of the initial term or before the end of each one year extension. If timely notice is given for termination, this Agreement shall expire at midnight on the last day of the initial term or the extended one year term, as the case may be. Otherwise, this Agreement may only be terminated for non-performance as set out below in section (28), except in the case of any default in compliance with the payment requirements, in which case the Provider reserves the right to terminate this agreement at any time.
4. The Client shall not have the right to cancel or reduce the level of Service required under the applicable Terms of Trade or Service Agreement, except in cases of non-performance issues.
5. If the Client wishes to change a cleaning day or time, the Provider requires a minimum of 24 hours' written notice to allow the Provider time to consider whether it is able to reschedule its cleaner(s). The Provider will use reasonable efforts to accommodate the Client's request; however, any such changes are subject to the Provider's availability and acceptance.
6. Unless stipulated otherwise in the Schedule, the Provider will not provide the Services on any cleaning days that fall on a public holiday or during the Client's or the Provider's annual shutdown period. We have taken such into account when Pricing.
7. The Client agrees to provide the Provider with sufficient parking, access to the premises (including gate access, alarm system (including applicable codes) and securing of dogs), running water, electricity, and lighting at the Site to allow the Provider to perform the Services. If the Client fails to provide the Provider with one or more of these and the Provider cannot reasonably perform the Services for any day(s), the Client agrees to pay the full price of the Services for that day(s) and any expenses that occurred.
8. If you are a Client in trade or business (“Commercial Clients”), the Client gives the Provider the right to enter into the Client’s premises (including leased premises) after hours or work hours if providing Services during work hours without the need for the Provider to give the Client any notice so the Provider can fulfil their requirements to provide their Services and including when training, giving site induction, safety and performance audits, delivering supplies and if collecting any Providers cleaning materials or belongings.
9. If you are a Client in trade or business and the Services acquired from us under this Terms of Trade or Service Agreement are for business purposes, the Consumer Guarantees Act 1993 (CGA) provisions shall not apply. Otherwise, the provisions of the CGA shall apply.
10. The Client agrees to give the Provider not less than 14 days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s Information section of this Terms of Trade or Service Agreement (including but not limited to changes in the Client’s name, registered business name, address, contact phone or fax number/s, emergency evacuation points and procedures, site hazards, or business practice). The Client confirms all information provided is true and correct.
11. Use of this account and engaging the Provider shall constitute acceptance of these Terms of Trade or Service Agreement notwithstanding that the application has not been completed and/or signed by or on behalf of the Client.
12. If applicable, before initiating the Provider's Services, the Provider may provide the Client with a Proposal. The Proposal may include the Cleaning Guidelines which describes the cleaning task to be carried out. The Cleaning Guidelines may change as per changes in the Client's requirements, changes with the environment of the Site and business practices. Additionally, the Proposal may include the quote, estimate, hourly rate, cleaning price, per clean price, rates, and price (“Pricing”).
13. Any marketing materials or statements made on the Proposal are valid at the time of submission and may change with time or be updated as required with changes in the Provider's business, and the Provider shall not be held liable or responsible.
No Engagement of Our Cleaners/Employees
14. You acknowledge and agree:
a. the Provider invests significant resources in recruiting, selecting and training its Cleaners. Unless the Provider gives the Client prior written permission, the Client agrees not to, directly or indirectly, solicit, engage, employ or contract with any of their cleaners, including any employee, licensee, franchisee, subcontractor, or agent of the Provider to provide cleaning services to the Client or any associate of the Client for any period during which the Services are provided by the Provider or for a period within 12 months after the conclusion of any Service;
b. the Client acknowledges that Provider may suffer loss and damage, including, without limitation, consequential loss, as a result of a breach of this clause by the Client and Provider has rights to claim loss and damage, including, without limitation, consequential loss suffered by the Provider including damages and loss for any unfair act or indirectly engaging employee, licensee, franchisee, subcontractor, agent of the Provider;
c. Any additional services required shall be reported to Waikato Cleaning Services. Invoicing for such additional and ongoing services shall be sent by Waikato Cleaning Services and not by the franchisees.
Invoicing and Pricing
15. The Provider will invoice you on a monthly/weekly/periodic basis (commonly for ongoing services) for the Services performed by the Provider during the invoicing period. For one-off or causal jobs, we may invoice after the completion of work. Additionally, the Provider will invoice any hygiene consumables ordered on behalf (if specified in the Cleaning Guideline or Schedule to manage supplies) and any additional services and supplies requested by the Client separately.
16. Unless stipulated otherwise in the Schedule, the provision of additional services, any additional supplies and hygiene consumables, such as paper towels, toilet tissue, hand soap cartridges, and hygiene bin refills, are not included in the Services or the Pricing and will be invoiced separately as requested by the Client.
17. The Client agrees to pay the Providers invoices in full, without deduction or setoff, on or before the due date unless otherwise agreed with the Provider in writing.
18. If the Client has not paid in full by the due date, the Provider may charge the Client interest compounding monthly on the unpaid overdue balance at a rate of 5% per annum above the current overdraft rate charged by the Providers bankers and $35.00 Plus GST per month admin fee, and the Client/account holder is responsible for paying costs (including debt collection costs and legal costs on a solicitor-client basis) and suspend performance of further Services until the Clients account is paid in full.
19. For (“Ongoing Services”), which includes Services that are ongoing, the Per Month Price specified in the Schedule is calculated for the Term specified in the Schedule and then divided by the number of months in the Term to provide the Client with the Per Month Price invoiced each month. The Per Month Price stays the same during any shutdown period or public holidays since we have taken such into account when Pricing. The Per Month Price will continue to accrue and be payable until the Term has expired.
20. The pricing terms within this Agreement (or any adjusted or revised pricing within the Agreement) shall be subject to an annual increase commencing 12 months after the commencement date of this Agreement, unless for reasons specified in clause 21 and 22. The Such increase shall be determined by the annual increase of the Consumer Price Index ('CPI'), as reported by Statistics New Zealand for the last quarter before each anniversary date.
21. The Pricing or Allocated Time is subject to rise by reason of variation in the rates payable due to an increase in labour hours, increase in material use, increase in floor size of the Site, increase in Services, increase in project cost including but not limited to wages, ACC (or equivalent levies), cost of material, and any other reasonable impacts where is a requirement for us to extend the time or price after notice and due consultation with all parties concerned and will take effect immediately. If the Services or project is taking longer than the allocated or quoted time, then both parties agree to discuss an updated price that will take effect immediately.
22. GST shall be increased or decreased as legislated by the New Zealand Government.
23. For any month where a service is paused due to natural disasters or pandemics or the first month of Service, which may not be an entire month, then we will only charge for the days serviced, and this price will be based on the price or cost for each day of Service or pro rata rates, until Services resume.
24. Pricing for Services is provided on the assumption that the Site to be cleaned shall be in a suitable condition for us to perform the requested category of Services.
25. For (“One-off Services/Hourly Services”), which means services that are not routine or ongoing, including but not limited to deep cleaning, end-of-tenancy cleaning, builders cleaning, other one-off hourly cleanings if services and statements were not stated in the Proposal then we shall charge an additional fee if (including but not limited to):
a. we go above the allocated time or hours purchased;
b. you required additional cleaning or Services;
c. extensive cleaning is necessary due to the condition of the Site;
d. encountering hazardous waste or contaminated surfaces or materials, vomit, blood, excretion or other bodily spillages that were not previously advised to us;
e. the floor size of the Site is greater than the floor size initially priced for;
f. other reasonable reason that has increased the Pricing.
and we will contact you prior to the commencement of any additional work and variations.
26. A minimum cleaning fee shall apply, which will be advised to you along our hourly rate for any One-off and Hourly Services.
Guarantee & Quality
27. If the Client has any issue with the quality of the Provider's work, the Client agrees to notify the Provider by email within 24 hours of the issue arising. The Provider will use all reasonable efforts to promptly rectify such issues. If issues persist, the Client agrees to first meet with the Provider in good faith to attempt to reach a resolution. It is hereby acknowledged that where delivery is carried out or modified by the Client or third party, then the Provider has no responsibility for the individual's actions, especially relating to any matters/damages that the Client or third party have liability for.
28. For your peace of mind and to maintain quality assurance, we offer the option to cancel any fixed-term agreement under the following conditions:
a. If the Client can provide evidence of a poor track record of the Provider's cleaning service, based on the Services listed in the Cleaning Guideline and the Terms of Trade or Service Agreement, then the Client may terminate this agreement after three months from the commencement date. This three-month period allows sufficient time for the Provider to adapt to the services and facility.
b. The termination notice must be given in writing and sent to info@waikatocleaning.co.nz. However, the Client can only exercise this option after following the procedure outlined in clause 27 and providing the Provider with a reasonable opportunity to rectify the issues.
c. Any complaints must be submitted in writing and should pertain only to issues that are within the Provider's control.
Liability
29. The Client agrees to ensure that all fragile and easily damageable items at the premises are secured or removed before the Provider performs the Services so that such items will not be at risk of being damaged as the Provider performs the Services. The Client undertakes to maintain appropriate insurances and, in particular, the occupier’s liability insurance against risks of events that could reasonably be expected to cause injury, loss or damage to the Provider or their employee, licensee, franchisee, subcontractor or agent. The Provider and employee, licensee, franchisee, subcontractor or agent shall not be liable for any loss or damage to the Site, including, without limitation, damage to furniture, equipment, carpets or covered surfaces, floors or wall linings and for reasonable wear and tear and degradation that occurs over time.
30. The Client will notify the Provider in writing of any structural building damages, areas with asbestos, go and no-go areas and any hazards where Services are to be performed. We may put Services on hold if the Site is unsafe to perform the Services. The Client agrees to provide and maintain all Client’s health and safety requirements/policies and emergency plans prior to the commencement date and update the Provider with any changes during the Term of the Services Agreement or Terms of Trade.
31. Unless agreed in writing, the Provider will not remove/dispose of hazardous items and biohazard waste for safety reasons. The Client agrees not to leave such items in the bins, for example, used needles, sharp objects, and body fluids.
32. The Client agrees to provide detailed instructions on any Additional Cleaning, cleaning requirements, areas to be cleaned, chemical requests and specialist cleaning prior to the commencing work.
33. Other Exclusions of Services include, but are not limited to (unless agreed in writing):
a. removal and cleaning of blood, vomit, excretion, contaminated surfaces and caustic or toxic substances; and
b. cleaning of exterior surfaces such as patios, concrete, balconies, terraces or balustrades; and
c. cleaning of materials or surfaces deemed unsuitable for cleaning in our reasonable opinion; and
d. cleaning at heights where we consider the height may be a health and safety risk to our personnel or us; and
e. any scaffolding or Elevated Work Platform.
34. The Provider will not be liable under any circumstances for any loss, damage, delay, costs or compensation (whether direct, indirect, special or consequential) that the Client or any third party may suffer or incur arising from or in any way connected with any breach of the Provider obligations under this Terms of Trade or Service Agreement or the Provider failure to perform the Services including factors that are beyond the Providers reasonable control, which include (but are not limited to) natural disasters, disease outbreaks, pandemics, flood, severe weather conditions, dedicated employee, licensee, franchisee, subcontractor or agent being sick or injured, inability to gain access to the premises, general wear and tear, or lack of appropriate resources such as water, electricity and heating.
35. The Provider shall not be liable to the Client or any third party for any modification, suspension or discontinuance of the Services. If the Provider is unable to perform the Services or provide any goods associated with the Services because of any cause beyond the Provider's reasonable control (including any force majeure event, pandemic or appropriate cleaners being unavailable, injured or ill), the Provider may modify, suspend or discontinue the Services without incurring any liability for loss, costs or compensation to the Client. The Client agrees to work with us and our employee, licensee, franchisee, subcontractor or agent in good faith if such a situation arises.
36. The Client is to make their own enquires at their sole cost relating to the requirement of any consents required to enable us to perform the Services including, but not limited to, from the building landlord, building owner or any other related third party in connection with the Site.
Privacy
37. The Provider will use the Client's personal information for purposes relating to the Client's dealings with the Providers, related companies, interested business parties or franchises and agents. The Client authorises the Provider to release the Client's personal information to the Providers related companies/franchises, use for Provider’s customer references or use for the Providers marketing campaigns.
38. The Provider may use the Client's name and logo to identify you as a Waikato Cleaning Services Limited customer or as set forth in a statement or for work/customer reference. This information could include but is not limited to the Clients name and logo on our websites or marketing campaigns.
39. The Client acknowledges that personal information of you supplied by any of them to the Provider at the commencement of this Terms of Trade or Service Agreement and from time to time during the Terms of Trade or Service Agreement is supplied for the purposes of the parties fulfilling their respective obligations under this Terms of Trade or Service Agreement. The Provider who is the intended recipient of the information supplied is, for the purposes of the Privacy Act 2020, authorised to use such information as necessary within the Terms of Trade or Service Agreement and to fulfilling their respective obligations.
40. The Client authorises the Provider to release information to a third party and personal in relation to credit inquiries.
Dispute Resolution
41. Suppose you or we consider that a dispute has arisen in relation to any matter governed by this Terms of Trade or Service Agreement. In that case, that party must give the other party written notice outlining the basis of the dispute (Dispute Notice).
42. Client agrees to first meet with the Provider in good faith to attempt to reach a resolution. If the dispute is not resolved by discussion, meeting and/or other informal means within ten (10) Business Days of the date of the Dispute Notice, then the following shall apply:
a. the parties may agree to submit the dispute to arbitration pursuant to the Arbitration Act 1996 (excluding Clauses 3 and 4 of the Second Schedule) or, failing agreement, and either party may pursue resolution of the dispute through legal proceedings before the New Zealand courts or suitable tribunal or alternative forum; and
b. this clause does not affect either party’s right to seek urgent interlocutory relief.
43. In the presence of a dispute, you must still comply with your obligations to pay us in accordance with the Terms of Trade or Service Agreement unless the dispute relates explicitly to a disputed amount on an invoice. In that case, you must pay the undisputed portion of that invoice.
Entire Agreement
44. This Terms of Trade or Service Agreement sets out the entire Terms of Trade or Service Agreement and understanding between the parties in relation to the subject matter of this Terms of Trade or Service Agreement and merges all prior discussions between them, and neither of the parties will be bound by any conditions, warranties or representations with respect to the subject matter of this Terms of Trade or Service Agreement other than as expressly provided in this Terms of Trade or Service Agreement.
Severability
45. If and to the extent any provision or part of a provision is illegal or unenforceable, such provision or part of a provision will be severed from this Terms of Trade or Service Agreement and will not affect the continued operation of the remaining provisions of this Terms of Trade or Service Agreement.
General
46. If the Provider does not enforce any terms or exercise any right under these Terms of Trade or Service Agreement, the Provider has not waived that right.
47. The Terms of Trade or Service Agreement may be specific to the Site stated in the Schedule or Proposal. The Client's obligations under this Terms of Trade or Service Agreement cannot be terminated during the Term, nor can they be transferred to any other Site without our prior written consent.
48. The Client may not subcontract or assign any of the Client’s rights or obligations under this Terms of Trade or Service Agreement. We may subcontract, franchise, license, assign or transfer our rights and obligations.
49. Unless otherwise agreed in writing, each party agrees to keep the Terms of Trade or Service Agreement, Cleaning Guideline, Proposal, and other documents shared between each other confidential.
50. The Provider may change the Terms of Trade from time to time by notifying The Client in writing.
51. Heading, titles and Schedule are inserted for the convenience of the Parties only and are not to be considered when interpreting this Terms of Trade or Service Agreement.
52. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
53. The persons signing this Terms of Trade or Service Agreement confirm they have the authority to bind the respective party for whom they are signing.
54. Signing Not Required - It is not necessary for this Terms of Trade or Service Agreement to be signed. You are bound by these Terms of Trade or Service Agreement if you continue to act in a way that is consistent with the arrangement and discussions you have had with us in relation to the Proposal or Pricing, and we have incurred time and expense in procuring materials or commenced any part of the Services or works for you, or if you have made payments or paid deposit for the services.
55. Electronic Acceptance - The parties agree that any legal requirement may be met by using electronic means in accordance with the Terms of Trade or Service Agreement and Commercial Law Act 2017. In this clause, the term “legal requirement” has the meaning given to it by section 219(2) of the Contract and Commercial Law Act 2017.
