Terms & Conditions

Redefining the Standard in Cleaning and Pest Services

These Terms and Conditions apply exclusively and override any other Terms and Conditions provided by the Customer. No goods or services will be supplied by Clear-Out Group on any other terms than those set herein. By accepting the services or taking delivery of the goods, the Customer agrees to these Terms and Conditions.

1. Definitions

1.1. Clear-Out Group
Clear-Out Group and/or BKH Management Pty Ltd, ABN: 64 660 640 988, is the principal contractor for goods and services.

1.2. Customer
The person, 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 Clear-Out Group.

1.3. Goods
Consumable items or any products provided by Clear-Out Group for the Customer’s use at the customer site.

1.4. Services
Regular or one-off cleaning services provided by Clear-Out Group at the premises requested by the Customer.

1.5. Commencement Date
The commencement date of cleaning as outlined in the Clear-Out Group quotation.

1.6. Agreement
These Service Agreement Terms and Conditions, including the attached Clear-Out Group Quotation or Site Cleaning Schedule.

1.7. Non-Performance
Failure, neglect, or refusal by any party to perform any act stipulated under this Agreement.

1.8. Party
A party to this Agreement.

1.9. Price
The annual value specified in the attached Clear-Out Group Quotation or Service Amendment Form, and any documented amendments.

1.10. Us/We/Our
Clear-Out Group, its subsidiaries, and representatives.

1.11. You/Your
The person, firm, or company acquiring services from Clear-Out Group, including but not limited to the Customer as specified in the attached Clear-Out Group quotation.

2. Term

The Agreement shall automatically renew at the end of the term (and any further term) for a further one (1) year (Further Term) unless you provide written notice to hello@clearoutgroup.com.au of termination at least thirty (30) days prior to the end of the relevant term.

3. Prices

3.1. Total Cost
The total cost of our services is based on the number of hours worked by our staff.

3.2. Holidays & Closures
No deduction or discount will apply for any unused service days, including Easter, Christmas, and other holidays or periods where a customer may close their premises.

3.3. Public Holidays
The contract does not include the provision of services on public holidays or, where applicable, bank holidays unless specified in writing or on the attached quotation by Clear-Out Group.

3.4. GST
All prices quoted include GST.

4. Invoicing

Unless otherwise agreed in writing, all accounts must be paid within 14 days of the date of our tax invoice. Invoices are sent by email each week and are payable in accordance with the terms on the quote document.

4.1. Payment Issues
At no time can the customer short pay or waive payment of any invoiced fee without acceptance by Clear-Out Group management.

4.2. Queries
All remittances and account queries should be directed to Clear-Out Group via email at hello@clearoutgroup.com.au.

5. Fees & Charges

5.1. Fee Adjustments
Clear-Out Group may increase its base service fees annually or as needed.

5.2. Payment Processing Fees
Clear-Out Group may charge fees for processing credit card and cheque payments, as well as late payment fees on outstanding invoices.

5.3. Debt Recovery Costs
If a debt recovery agent is appointed, the Customer will be accountable for all recovery costs.

5.4. Legal Costs
The Customer agrees to pay and reimburse Clear-Out Group for legal costs or other expenses related to credit documentation, including all collection and enforcement costs incurred in connection with the sale of goods or services.

6. Termination

6.1. Termination by Us
We may terminate the Agreement if:

• There is non-performance on your part, or
• You breach the Agreement in any way.

6.2. Termination by You
You may terminate the Agreement if there is non-performance on our part.

6.3. Notice of Non-Performance
Prior to termination for non-performance, the terminating party must give the defaulting party written notice specifying the failure. The defaulting party will have seven (7) days to rectify the breach. If the breach is not rectified, a second notice will be issued. The Agreement will terminate seven (7) days from the second notice.

6.4. Liquidated Damages
If you terminate the Agreement for any reason other than non-performance, you agree to pay liquidated damages equal to the annual price, divided by the number of days remaining under the term. This is a genuine pre-estimate of the loss to us, including transaction costs, legal costs, finance costs, and lost opportunity.

6.5. Final Payment
All money due at termination must be paid within thirty (30) days from the date of our invoice.

7. Specification Changes

7.1. Scope Changes
We reserve the right to alter fees if the scope or complexity of the work changes from that originally contracted.

7.2. Notice
If a change in fee is necessary, written notice will be given, and your invoicing will be adjusted from the date the change occurred.

8. Consumables

If the Customer agrees to allow Clear-Out Group to manage consumable stock, this will be noted in the quotation. The Customer shall reimburse Clear-Out Group for all consumables not listed but used at the customer’s site.

9. Goods or Service Claims

The Customer shall be deemed to have accepted the goods or services as being in accordance with their requirements unless they notify Clear-Out Group within seven (7) days of receipt of goods or services.

9.1. Returns
Clear-Out Group will not accept the return of defective goods or offer leniency on the contract price unless prior written authorization is given.

10. Events Beyond Our Control

Clear-Out Group will be exempt from its obligations if unable to perform due to reasons beyond its control (e.g., changes to access codes). Clear-Out Group shall still be paid for the service and will not incur any damages or expenses.

11. Liability

Clear-Out Group will not be responsible for any accidental damages incurred by subcontractors. Any damage must be reported within 24 hours. We are not liable for indirect or consequential losses such as loss of turnover, profits, business, or goodwill.

12. Changes in Ownership

The Customer will remain liable for all debts incurred until Clear-Out Group is notified in writing of a change in ownership.

13. Change of Worker

Clear-Out Group may change the allocated cleaner servicing the customer site at any time.

14. Force Majeure

We will not be liable for any loss, damage, or expense caused by our failure to complete the services due to unforeseen events (e.g., fire, flood, theft, crime, strikes, or any other matter beyond our control). In such cases, the Agreement may be suspended or terminated by written notice.

15. Restrictive Covenant

The Customer agrees not to solicit or engage any Clear-Out Group employee or subcontractor for one (1) year after the termination of this agreement.

Clear-Out Group

Bradley Hickey

OWNER

Effective date – 13/03/2024