Terms and Conditions of Service – Regular Cleaning Service

In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Nexus Services & Products Pty Ltd (ACN 633 477 899). We and you are each a Party to these Terms, and together, the Parties.

These Terms form our contract with you, and sets out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

For questions about these Terms, or to get in touch with us, please email: hello@nexuskleen.com.au

These Terms were last updated on 11 March 2026.

 

  OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to:

• our privacy policy (on our website) which sets out how we will handle your personal information; and
• clause 9 (Liability) which sets out exclusions and limitations to our liability under these Terms.

These Terms do not intend to limit your rights and remedies at Law, including any of your Consumer Law Rights.

 

1. Engagement and Term
   • These Terms apply from the Commencement Date until the date on which these Terms are terminated, (Term).
2. Services
   • In consideration of your payment of the Price, we will provide the Services in accordance with these Terms, whether ourselves or through our Personnel.
   • We will use reasonable endeavours to provide the Services regularly in accordance with the frequency, day and time set out in the Proposal or your Confirmed Booking as applicable, but you agree that such time is an estimate only.
   • All variations to the Services as agreed in the Proposal (including additional services such as window cleaning or carpet cleaning) must be agreed in writing between the Parties. We will provide you with an Additional Quote for any additional Services, and such Services will only be performed once you have accepted the Additional Quote.
3. Your Obligations
   • You agree to (and to the extent applicable, ensure that your Personnel agree to):

• comply with these Terms, all applicable Laws, and our reasonable requests;
• provide us (and our Personnel) with access to your premises (and its facilities) and any other premises as is reasonably necessary for us to provide the Services, free from harm or risk to health or safety at the times and on the dates reasonably requested by us or as agreed between the Parties;
• provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services;
• where you provide us with keys, access codes, or security information to access your premises, you are responsible for changing these if our engagement ends or if you update your systems;
• where required under the Proposal or Additional Quote, provide consumables and materials reasonably necessary for us to perform the Services (and where we supply consumables, you agree to pay for these in addition to the Price as set out in the Proposal or our invoice); and
• notify us promptly of any changes to your instructions, access arrangements, or the scheduled day or time for the Services.
  • You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause 3.

4. Bookings and Cancellations
   • You may request the Services by phone, email, inquiry form, or message. We will confirm acceptance of your booking in writing and it will become a Confirmed Booking.
   • If either Party needs to cancel or reschedule the Confirmed Booking, they must provide the other Party with at least 24 hours’ notice in writing.
   • Where you cancel the Confirmed Booking with less than 24 hours’ notice, we reserve the right to charge a cancellation fee equal to the full amount of the Price applicable to the Confirmed Booking you have cancelled. You acknowledge and agree that this cancellation fee is a genuine pre-estimate of our losses arising from your short notice cancellation of the Confirmed Booking.
   • If your premises are temporarily closed (including for public holidays, renovations, or scheduled closures), you must notify us as soon as reasonably practicable. You will not be charged for Services during periods when your premises are closed, provided you give us reasonable notice.
5. Price and Payment
   • In consideration for us providing the Services, you agree to pay all amounts due under these Terms in accordance with the Payment Terms, which will be set out in the Proposal. If not specified in the Proposal or any Additional Quote, payment is due within 15 Business Days of our invoice date.
   • If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion, and without prejudice to any of our rights or remedies under these Terms or at Law):

• after a period of 5 Business Days from the relevant due date, cease providing the Services, and recover, as a debt due and immediately payable from you, our reasonable additional costs of doing so (including all recovery costs); and/or
• charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the relevant due date in accordance with the Payment Terms.
  • When applicable, GST payable will be clearly shown on our invoices. You agree to pay us an amount equivalent to the GST imposed on these charges. “GST” has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

6. Confidential Information
   • Subject to clause 2, each Party must (and must ensure that its Personnel) keep confidential, and not use (except to perform its obligations under these Terms) or permit any unauthorised use of, information provided by the other Party, including information about these Terms and the other Party’s business and operations.
   • Clause 1 does not apply where the disclosure is required by Law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that the disclosing Party ensures the adviser complies with the terms of clause 6.1.
   • This clause 6 will survive the termination of these Terms.
7. Photography and Documentation
   • You consent to us (and our Personnel) taking photographs of your premises before and after providing the Services for quality assurance, quoting and record-keeping purposes.
   • We will handle any photographs containing personal information in accordance with clause 5 (Confidential Information) and our Privacy Policy.
8. Australian Consumer Law
   • Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at Law, nothing in these Terms excludes those Consumer Law Rights.
   • Subject to your Consumer Law Rights, we provide all material, work and services (including the Services) to you without conditions or warranties of any kind, implied or otherwise, whether in statute, at Law or on any other basis, except where expressly set out in these Terms.
   • This clause 8 will survive the termination or expiry of these Terms.
9. Liability
   • Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by Law:

• neither Party will be liable for Consequential Loss;
• a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and
• (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and
• our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Price paid by you to us in respect of the supply of the relevant Services to which the Liability relates.
  • We will take reasonable care when providing the Services. If we (or our Personnel) accidentally damage your property while providing the Services, you must notify us within 48 hours of the damage occurring. Subject to your Consumer Law Rights, we will repair or replace the damaged item or reimburse you for the reasonable cost of repair or replacement.
  • This clause 9 will survive the termination or expiry of these Terms.

10. Termination
    • Either Party may terminate these Terms at any time by giving 15 days’ notice in writing.
    • These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

• the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
• the Defaulting Party goes bankrupt, insolvent or is otherwise unable to pay its debts as they fall due.
  • Upon expiry or termination of these Terms:
    • without limiting and subject to your Consumer Law Rights, any payments made by you to us for Services already performed are not refundable to you;
    • you are to pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms;
    • by us pursuant to clause 2, you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination (including recovery fees); and
    • we may retain your documents and information (including copies) to the extent required by Law or pursuant to any information technology back-up procedure, provided that we handle your information in accordance with clause 6.
  • Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
  • This clause 10 will survive the termination or expiry of these Terms.

11. General
    • Amendment: These Terms may only be amended by written instrument executed by the Parties.
    • Assignment: Subject to clauses 3 and 11.10, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
    • Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
    • Disputes: A Party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other Party within 10 Business Days of notifying that other Party of the Dispute. If the Parties cannot resolve the Dispute at that meeting, either Party may refer the Dispute to mediation administered by the Australian Disputes Centre.
    • Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:

• as soon as reasonably practical, notifies the other Party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and
• uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.

Where the Force Majeure Event prevents a Party from performing a material obligation under these Terms for a period in excess of 60 days, then the other Party may by notice terminate these Terms, which will be effective immediately, unless otherwise stated in the notice. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these Terms.

• Governing Law: These Terms are governed by the laws of Western Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. 
• Notices: Any notice given under these Terms must be in writing addressed to the addresses set out in these Terms, or the relevant address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
• Publicity: Despite clause 6, with your prior written consent, you agree that we may advertise or publicise the broad nature of our supply of the Services to you, including on our website or in our promotional material.
• Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
• Subcontracting: We may subcontract the provision of any part of the Services without your prior written consent. We agree that any subcontracting does not discharge us from any liability under these Terms and that we are liable for the acts and omissions of our subcontractor.

12. Definitions

In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them in the Proposal, and:

Additional Quote means any quote provided by us for additional services or variations to the Services beyond those set out in Proposal.

Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.

Business Day means a day on which banks are open for general banking business in Perth, Western Australia, excluding Saturdays, Sundays and public holidays.

Commencement Date means the date that is the earlier of:

• the date that you accept the Proposal;
• the date that you ask us to begin supplying the Services; or
• the date that you make part or full payment of the Price.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us the Price and any other amounts payable under these Terms will not constitute “Consequential Loss”.

Consumer Law Rights has the meaning given in clause 8.1.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Services

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

Payment Terms means the timings for payment of the Price and any other amounts payable under these Terms, as set out in the Proposal.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.

Price means the price set out in the Proposal or any Additional Quote, as adjusted in accordance with these Terms.

Proposal means the document to which these Terms are attached or incorporated.

Services means the services set out in the Proposal, as adjusted in accordance with these Terms.

Terms means these terms and conditions and any documents attached to, or referred to in these terms and conditions.