Customer Service Agreement

Customer Service Agreement These terms and conditions constitute the full and complete service agreement between the customer and Green Facility Management of D-2102, JNI Stadium, Kaloor Cochin-682017, Kerala, India for the provision of services by company. Please take some time to review this agreement. The use of our services constitutes your acceptance of these terms and conditions.
  1. Cleaning Services
    • Subject to the terms of this agreement, Green Facility agrees to provide domestic cleaning services to the Customer at an address specified by the Customer.
    • The service will be for such cleaning duties as agreed with the Customer at the time of booking.
    • Green Facility will provide one or more cleaners to attend to the premises and provide services at a time and date mutually agreed between Green Facility and the Customer.
    • Green Facility endeavours to provide the service faithfully, diligently and in a timely and professional manner.
  2. Additions And Amendments
    • Any changes to the service to be provided must be agreed by Green Facility prior to the Service Time.
    • If the Customer requires any additional services or variations at the time of performance of the service, the Customer must first contact Green Facility by telephone, who may agree to provide the additional services in its absolute discretion. The Cleaner is not authorized to agree to any changes to the Service being provided. The Customer must not request such changes directly from the Cleaner.
  3. Customer Representations And Warranties
  4. The Customer represents and warrants that:
    • He/She will provide a safe working environment at the premises for the Cleaner to perform the Service;
    • The Cleaner will have unencumbered and unobstructed access to those areas of the Premises requiring the Service;
    • He/She will provide the Cleaner with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required by the Cleaner to provide the Service;
    • He/She will provide all usual and necessary cleaning equipment and materials required by the Cleaner to provide the Service, unless other arrangements have been made with Green Facility.
    • All cleaning equipment and materials provided by the Customer are safe, have not been tampered with and are in full working order;
    • He/She will advise Green Facility prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the premises;
    • The Cleaner is authorized to use the premises and obtain the provision of service;
    • If the Customer requires the Cleaner to clean behind or under any heavy items (eg. a fridge, bookshelf, or other furniture), he/she will move those items prior to the commencement of the Service; and
    • He/She will secure or remove any fragile, delicate, breakable or valuable items, including cash, jewellery, works of art, antiques, or items of sentimental value prior to the commencement of the Service.
  5. Health And Safety Risks
  6. In addition to the obligations and warranties set out in clause 3 above, the Customer acknowledges and agrees that:
    • The Cleaner is entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk at the premises;
    • The Cleaner may, either before or during the provision of the service not use or cease using any materials or cleaning equipment provided by the Customer if the Cleaner thinks, in their absolute discretion, that the use of such materials or cleaning equipment poses a risk to health and safety.
    • The Cleaner may, either before or during the provision of the service not provide or cease the provision of the service where carrying out the same presents, in the absolute discretion of the Cleaner, a risk to health and safety.
  7. No Engagement Of Cleaners
    • The Customer acknowledges Green Facility invests significant resources in recruiting, selecting and training its Cleaners. Unless Green Facility gives prior written permission, the Customer must not, directly or indirectly, engage, employ or contract with any Cleaner to provide domestic services to the Customer or any associate of the customer for any period during which services are provided by Green facility or for a period within 12 months after the conclusion of any Service.
    • The Customer acknowledges that Green Facility may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Customer.
  8. Job Quotations
    • The actual price payable by the Customer is calculated on the total number of hours worked by the Cleaner.
    • Any price quoted by Green Facility is an estimate only based on Green Facility experience, without inspection, and based on information provided by the Customer. Subject to this clause, quotes are valid for a period of 30 days from the date of the quote.
    • If at the commencement or during the course of providing the Service, it is apparent that the actual cost of the service will exceed the quote provided by Green Facility, the company will provide the Customer with the option to pay an increased fee to complete the service, or pay the quoted amount without the service being completed.
    • The Customer must inform Green Facility whether any cleaning services required are for an 'end of tenancy' at the time of quotation.
  9. Bookings
    • The Customer may make a booking either in person, either by telephone, fax, email or book directly on the Green Facility website.
    • At the time of booking, the Customer must provide details of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime located at the Premises;
    • Green Facility provides all quotations at the time of booking.
    • The Customer agrees to provide Green Facility with their valid credit card details at the time of booking, and authorizes Green Facility to debit any card with an amount equal to any service and/or cancellation fees that may apply under this Agreement.
    • Green Facility reserves the right not to accept a booking for any reason.
  10. Payment Terms
    • The Customer agrees to pay the price quoted by Green Facility in full, prior to or at the Service Time, unless otherwise agreed in advance with Green Facility.
    • If no payment has been made by the service time, Green Facility will use reasonable endeavours to contact the Customer for payment. In the event that Green Facility cannot contact the Customer or payment is not made by the service time, the Customer will be deemed to have cancelled the Service, and the Customer must pay any cancellation fees or charges due set out in clause 16.
    • Payments may be made via cheque or DD in the name of GREEN FACILITY MANGEMENT & SOLUTIONS.
  11. Cheque payments should be made payable to Green Facility
  12. Late Payment Fee
    • Where Green Facility has agreed to invoice the Customer for payment of fees after the Service has been completed, the Customer agrees to pay in full, all fees due, within 7 days of the invoice date.
    • The Customer agrees that if Green Facility has not received payment in full for the service within one calendar month of the original invoice date, then a late payment fee of $15 applies for the first month. Interest will be charged on the fixed rate of 10% per annum on each day that any amount remains outstanding thereafter.
    • In addition to the amounts set out above, the Customer agrees to indemnify Green Facility for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Green Facility in connection with a demand, action, or other proceeding (including mediation, out of court settlement or any action taken for recovery of debt from the Customer) arising out of a breach of these terms including the failure by the Customer to pay an amount by the due date.
  13. Complaints
  14. If the Customer is dissatisfied for any reason with the Service provided, it must inform Green Facility within 24 hours of completion of the Service. Green Facility strives to achieve 100% customer satisfaction and will endeavour to resolve the problem quickly and efficiently. Subject to clause 13, Green Facility may, at its discretion, offer the Customer either of the following:
    • A partial or full refund;
    • Re-supply of the service without charge;
    • Such other remedy as deemed appropriate by Green Facility
  15. Exclusions And Limitations
    • The only conditions and warranties which are binding on Green Facility in respect of the state, quality or condition of goods and services supplied by the company to customers are those imposed and required to be binding by statute (including the trade practices act 1974).
    • To the extent permitted by statute, the liability, if any, of Green Facility is, at the option of the company, limited to and completely discharged by the resupply of the service. Green facility is not responsible for:
      • Non-completion or providing the service as a result of a breach of a warranty by the Customer in clause 3 (including a failure by the Customer to provide proper materials, cleaning equipment, utility services, a safe working environment or unencumbered access to the Premises); or
      • Any damages caused by defective cleaning materials or cleaning equipment provided by the Customer;
      • Not completing or providing the Service as a result of the Cleaner not proceeding for health and safety reasons under clause 4;
      • Any loss or damage incurred by the Customer or any third party as a result of the effects of a force majeure, being any event beyond the reasonable control of Green Facility
      • Not completing or providing the Service due to an act or omission of the Customer or any other person at the premises during provision of the Service;
      • Existing dirt, wear, damage or stains that cannot be completely cleaned or removed;
      • Any wear or discolouring of fabric or surfaces becoming more visible once dirt has been removed;
      • Any loss incurred as a result of any breakage or damage to goods, items of value (including antiques, items of sentimental value) or the premises; or
      • The cost of any key replacement or locksmith fees, unless keys were lost by Green Facility or the Cleaner.
      • Except as provided in this clause, all conditions and warranties implied by law in respect of the state, quality or condition of the Service which may apart from this clause be binding on Green Facility are excluded.
    • The Customer acknowledges that the results of any services provided may vary depending on a number of factors (including materials used, equipment provided, time elapsed since Premises was last cleaned, and nature of cleaning required), and that Green Facility gives no guarantee as to the actual results of the service.
    • Except to the extent provided in this clause, Green Facility has no liability (including liability in negligence) to any person for any loss or damage, consequential or otherwise, suffered or incurred by that person in relation to the products or services provided by Green Facility (including any loss caused by, or resulting directly or indirectly from, any failure, defect or deficiency or any kind of or in the products used or services provided by Green Facility).
  16. Indemnity
  17. The Customer indemnifies Green Facility against:
    • All losses or liabilities arising directly or indirectly as a result of the provision of the Service including all losses or liabilities caused as a result of a breach of the warranties of the Customer set out in clause 3; and
    • All legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Green Facility in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal and including any action taken for the recovery of a debt from the Customer).
  18. Accidents, Breakage, Damage & Theft
    • The Customer must inform Green Facility of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Cleaner within 24 hours of completion of the Service.
    • To the extent permitted by law, the Customer is not entitled to claim any loss for any incident if the incident is not reported to Green Facility within 24 hours of completion of the Service.
    • To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of Green Facility under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.
  19. Cancellation Fees
    • The Customer must provide Green Facility with at least 24 hours notice prior to the service time, if they wish to suspend, postpone or cancel the Service for any reason.
    • In the event that such notice has been given, Green Facility will endeavour to reschedule the service if required.
    • In the event that the Customer does not provide 24 hours notice prior to the commencement of the service, the Customer agrees to pay a cancellation fee equivalent to 2 hours cleaning (inclusive of GST) for administrative costs and loss.
  20. Fee For Non-Access To Premises
  21. In the event that the Customer does not provide unencumbered access the premises for Green Facility or its Cleaners to provide the service, the Customer agrees to pay a cancellation fee equivalent to 2 hours cleaning (inclusive of GST) for administrative and travel costs.
  22. Termination
    • This agreement may be terminated by the Customer by providing at least 24 hours notice prior to the Service Time.
    • Subject to clause 18(c), Green Facility may terminate this agreement by providing the Customer with at least 24 hours notice prior to the Service Time.
    • Green Facility may terminate this agreement with immediate effect if the Customer is in breach of this agreement, and in the opinion of Green Facility, that breach is incapable of remedy.
  23. Privacy Policy
    • The Customer acknowledges that any information provided by the Customer may be used by Green Facility for the purpose of providing the service. Green Facility agrees not to share any information provided by the Customer with any third party not directly involved in the provision of the service (unless required to do so by law).
    • The Customer agrees to Green Facility communicating with them electronically and/or via other means in order to provide the Service or for reasons related to the provision of the service.
    • Green Facility will take all reasonable precautions to protect personal information provided by the Customer from loss, misuse, unauthorized access or disclosure, alteration or destruction.
  24. Changes To This Agreement
    • Green Facility reserves the right to update or modify these terms and conditions at any time without prior notice, and may do so by publishing an updated agreement on its website. Each updated agreement will take effect 24 hours after it has been published on the website.
    • The Customer agrees that any use of the service following any such change, whether as a single job or as part of a regular cleaning schedule, constitutes their agreement to follow and be bound by the terms and conditions as changed.
  25. Law & Jurisdiction
  26. The Customer and Green Facility acknowledge and accept that this agreement shall be construed and interpreted in accordance with the laws of India and both agree to submit to the exclusive jurisdiction of the courts of Ernakulam in the event of any dispute.