The terms and conditions stated herein (collectively, this “Agreement”) constitute a legal agreement between you (hereafter referred to as “Client”) and Malachi Projects (Pty) Ltd (hereafter referred to as “Contractor”). By using or receiving any Services supplied to you by the Contractor (collectively referred to as “the services”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at www.malachicleaning.co.za or through the services.
The Contractor reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Services any time, effective upon posting of an updated version of this Agreement of the Services. The Client is responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes. If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at firstname.lastname@example.org.
1. SERVICE AGREEMENT
1.1 The Client will give the Cleaner access to the inside of the house during the agreed period.
1.2 The Client will provide for the use by the Cleaner in performance of this contract all cleaning supplies and equipment necessary to complete the Service. Should the Contractor supply their own cleaning products an additional amount of R55 will be added to the Client’s bill.
1.3 The Contractor will endeavour to be consistent in terms of assigning the same Cleaner, however should the assigned Cleaner be unavailable for any reason, the Contractor may assign a replacement Cleaner.The Contractor will notify the Client in advance of changes to any assigned Cleaner.
1.4 Standard working hours for assigned Cleaner are 08h00 to 16h30 or 07h00 to 15h30 with 30 minutes lunch. The Client is not required to provide lunch for the assigned Cleaner, but the Client may do so out of goodwill.
1.5. Services to be performed by Cleaner include the following: vacuuming of carpets, dusting, and polishing of furniture; cleaning of floors, kitchen appliances, bath tubs and shower stalls, toilets, sinks and all sink fixtures; in addition removal of dirt from the interior bins and brought to the out door bins.
1.6 Exclusions: Please note our staff are not trained to perform these functions.
• Operating of Washing Machines, Dish washing machines and other electrical equipment.
• Due to the new and advanced appliances please show the staff how to use them correctly, so no damages are incurred in the process. Our staff are however advised to report any faulty appliance to the client.
• Client to ensure that all equipment is in good and safe working condition.
• Clear & Direct Instructions to be communicated to Our Cleaning Staff to avoid any misunderstandings.
• NO High Rise Windows To Be Cleaned
• NO Gardening To be Done
• NO Baby Sitting nor Child Care
• NO Shopping
• NO Cooking
• NO Cleaning Cars
2. SERVICE SCHEDULE
2.1 The Contractor will begin performing Cleaning Services on an agreed date. Thereafter, Cleaning Services shall be performed on a mutually agreed upon schedule reduced in writing.
• A time schedule will be kept by the staff. Please note that a minimum of 4 hours is to be booked.
• Do note the estimated hours suggested when making a booking. Hours that are booked less than estimated hours may lead to incomplete work.
PERMANENT PLACEMENT OF STAFF
• In the event of a staff member accepting employment directly or indirectly from one our client or client/s subcontractor, a fee of no less than 20% of the annual remuneration staff could reasonably be expected to earn shall be charged to client. The company invests in the recruitment, appointment, training & development, etc in our staff and needs to recover its costs
2.2 Either party may propose a change to the schedule whereby any proposed changes, including potential adjustment to fees must be mutually agreed by both parties and reduced to writing.
3. QUALITY OF SERVICE
3.1 The Contractor aims to deliver consistent and efficient service and the satisfaction of the Client is of utmost importance. Should the Client not be completely satisfied with the Service delivered by the Contractor, the Client will be entitled to the Contractor going back to the client to repeat the Service, unless the unsatisfactory service was as a result of the Contractor being prevented from performing specific Services for any reasons beyond the control of the Contractor which are caused by the Client. These provisions only apply if the Client notifies the Contractor immediately after the service is rendered to which the client is not satisfied and further the Client is to supply pictures if applicable and a report of the events/services leading to dissatisfaction.
3.2 It is important that the Client identify any item that is irreplaceable or very valuable ( such as but not limited to paintings, works of art, jewellery and vases etc) and inform the Contractor in writing. The Cleaner will not handle these types of items as a general rule to prevent possible damage. While the Contractor normally would replace an item through purchase or insurance, such items could not be replaced. If the Cleaner comes upon an item she believes to be especially fragile and do not feel comfortable cleaning it, the Cleaner will leave it and discuss the issue with you.
In the event that the client does not inform the Contractor in writing of any irreplaceable or valuable items, all items will be deemed not to be irreplaceable.
4. ENGAGEMENT WITH CLEANER
4.1 The Client is expected to treat the assigned Cleaner with respect, politeness, and dignity. The Client may not physically harm Cleaner or speak to the Cleaner in a way that is demeaning, aggressive, racially offensive, or abusive in nature – the right to human Rights as ensconced in the Constitution Act of South Africa must at all times be adhered to. Failure to comply will result in immediate cancellation of the service agreement. Severe circumstances will be reported to the relevant authorities.
5.1 Client will pay Contractor on the first day of each month for services rendered the previous month. The billing cycle is from the 1st day – last day of the month. Payments shall be made into the following account:
Account Holder: Malachi Projects (Pty) Ltd
Bank Name: First National Bank
Account number: 62747766311
Type of Account: Cheque Account
Branch Code: 256755
Payment Reference: Client’s full name or Invoice number.
5.2 For Services provided at an ad hoc, once-off basis, pre/post occupation, or carpet cleaning the Client will pay the Contractor before or on the date that the Services are scheduled to be rendered. Should payment not be received by the date of Service the Contractor may choose to cancel the Service.
5.3 Price increases will occur on the 1st of March every year.
5.4 The client is not to make any payments directly to the Cleaner.
Should Cleaner request any loan of monies from the Client the Client is required to notify the Contractor. The Contractor will not be held responsible for repayment of money loaned to the Cleaner by the Client.
5.5 If the payment is still outstanding by the 7th day of the month following the month on which the Invoice was issued, the Contractor will suspend the services and hand over the account to its lawyers for institution of legal proceedings.
5.6 If The Contractor institutes legal proceedings against the Client to enforce payment of amounts due, owing and payable, The Client shall be liable to pay all costs incurred by the debt collection company or attorney in collecting the payment on party and party scale. The costs are determined by various laws, including:
The Supreme Court Act, 1959
The Magistrates’ Courts Act, 1944
The Attorneys Act, 1979
The Debt Collector’s Act, 1998.
6. CANCELLATION POLICY
6.1 Either party may terminate this contract with written notice. If the Service occurs on a scheduled weekly, bi-weekly, or four-weekly basis, a 2 week cancellation notice in writing is required or the Client will be required to pay the full cost of the Service. One time cleaning may cancel the service before 16h00 on the day prior to the scheduled Service. The Client will be required to pay the full cost of the Service if cancelled after 16h00 on the day prior to the scheduled Service.
6.2 Any payment for above mentioned services owed by the Client shall be due and payable at the time the agreement is terminated.
7. REIMBURSEMENT AND LIMITATION OF LIABILITY
If, as a result of the Contractor’s negligence, the Client suffers loss, injury or property damage, the Contractor will reimburse the Client for that portion of any damages for which the Contractor is found to be liable, up to the value of R5 000.00 which shall also be payable by the Contractor on party and party scale, provided this is reported within 5 days after the event. The reimbursement will be paid within 60 days after it was reported in writing and reimbursement was agreed on. This excludes services were the client uses 2 maids or more. The quantum of damages or loss suffered by the Client will and can only be proved by an expert in the relevant field and must be confirmed in writing. The Client may be required to provide 3 comparative quotes.
Furthermore the Contractor reserves the right not to reimburse the Client for any damages claimed but reserves the right to pay pending an investigation by the Contractor and subject to the condition that the Cleaner was grossly negligent and that there was no contributory negligence on behalf of the client. It is the Clients responsibility to take all steps necessary to keep all belongings safe and secure, failing which the Contractor will not pay for any losses of theft with out a valid police report , If requested by the Contractor and losses with insufficient documentation.
Losses for property damage to glass items or crockery such as glass kitchen items, plates, bowls, mugs, glass furniture, shower doors, glass holders for personal care or mirrors.
Any damages arising as a result of proper instructions not provided to the service provider (e.g. ironing of certain products, use of particular cleaning products).
Losses from pre existing damage
Losses arising from the items supplied by the Client.
Losses arising from normal wear and tear.
Losses arising from a manufacture’s or a product defect.
Both parties agree to keep confidential all information concerning the other party’s business or its ideas, products, customers or services that could be considered to be “confidential information”. “Confidential information” is any information belonging to or in the possession or control of a party that is of a confidential, proprietary or trade secret nature and that is furnished or disclosed to the other party. Confidential information will remain the property of the disclosing party and the receiving party will not acquire any rights to that confidential information.
9. GENERAL PROVISIONS
9.1 Entire Agreement
This document contains the entire agreement between the Parties with regard to the matter dealt with herein and no representations, terms, conditions or warranties not contained in this Agreement shall be binding on either of the Parties.
No latitude, relaxation, indulgence or extension of time, which may be allowed to the Subcontractor or its employees by the Contractor in respect of any performance or breach or any other matter in terms of this Agreement, shall under any circumstances be deemed to be a waiver by the Contractor of any of its rights.
No variation, addition to or cancellation of this Agreement and no waiver of any right in terms of this Agreement shall be of any force and effect unless reduced to writing and signed by, or on behalf of, both Parties to this agreement.
9.4 Applicable Law
This Agreement shall be governed by and construed under the Laws of the Republic of South Africa and the Parties hereby consent to the jurisdiction of the Magistrates Court, Johannesburg, in respect to any dispute arising from or in connection with this agreement.