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Terms and Conditions

Introduction

These terms and conditions constitute the full and complete service agreement (the “Agreement”) between you (the “Customer”) and Smart River Cleaning. Use of our services constitutes your acceptance of our Customer Service Agreement! Should you require any further information in relation to our customer service agreement, please make your submission to us in writing to Smart River Cleaning’s Postal Address, and we will endeavour to respond to your enquiry within 28 business days.

1. Cleaning Services

A. Subject to the terms of this Agreement, Smart River Cleaning agrees to provide Bond cleans/Commercial cleaning services (the “Service”) to the Customer at an address specified by the Customer (the “Premises”).

B. The Service will be for such cleaning duties as agreed to by the Customer and Smart River Cleaning at the time of booking.

C. Smart River Cleaning will provide one or more cleaners – depending on its availability (the “Cleaner”) to attend the Premises to provide the Service at a time and date mutually agreed between Smart River Cleaning and the Customer (the “Service Time”).

D. Smart River Cleaning endeavours to provide the Service with due care and skill, diligently, and in a timely and professional manner.

E. Smart River Cleaning will complete the full service. Should additional time or labour be required to complete a service, Smart River Cleaning will attempt to contact the client on their Nominated Contact Details and advise the additional time/payment required to complete the service. Should the client be uncontactable, Smart River Cleaning will make an informed decision in the client’s best interests on the day of service as to complete the full service or terminate the service.

2. Additions and Amendments

Any changes to the Service to be provided must be agreed to by Smart River Cleaning prior to starting any work. If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact Smart River Cleaning Administration/management by telephone unless management is on-site, who may agree to provide the additional service/s in its absolute discretion. The Cleaner is not authorised to agree to any changes or variations to the Service being provided without first consulting Smart River Cleaning management. The Customer must not request such changes directly from the Cleaner. If Smart River Cleaning attends a job site with the provision that a job has been confirmed by a client and the services are no longer needed or warranted without at least reasonable notice, Smart River Cleaning may in its sole discretion charge a call-out fee to cover reasonable costs incurred. What constitutes reasonable notice will depend on the specific circumstances.

3. Customer Representations and Warranties

The Customer represents and warrants that:

A. They will provide a safe working environment at the Premises for the Cleaner to perform the Service;

B. The Cleaner will have unencumbered and unobstructed access to those areas of the Premises requiring the Service;

C. They will provide the Cleaner with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as reasonably required by the Cleaner to provide the Service;

D. Smart River Cleaning will provide all usual and necessary cleaning equipment and materials required by the Cleaner to provide the Service, unless otherwise agreed;

E. Any cleaning equipment and materials provided by the Customer are safe, have not been tampered with, and are in full working order;

F. The Client will advise Smart River Cleaning prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the Premises that might reasonably affect the service;

G. The Client authorises Smart River Cleaning to use the Premises to provide the Service;

H. If the Customer requires the Cleaner to clean behind or under any heavy items (e.g., a fridge, bookshelves, or other furniture), they will move those items prior to the commencement of the Service, unless specifically agreed otherwise as part of the service;

I. The Client 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;

J. The Client will ensure the property has been fully vacated prior to our cleaner’s attendance for bond/exit cleans, unless otherwise agreed.

4. Health and Safety Risks

In addition to the obligations and warranties set out in section 3 above, the Customer acknowledges and agrees that:

A. 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. Any windows above a reasonable height that requires specialised equipment will be discussed with the customer, and any associated costs will be agreed upon;

B. 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 reasonably believes that the use of such materials or cleaning equipment poses a risk to health and safety;

C. 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 Service reasonably presents a risk to health and safety;

D. Abuse or assault, verbal or physical, on our staff will not be tolerated, and appropriate action may be taken against any Customer or 3rd party who is in breach of this subsection.

5. No Engagement of Cleaners

A. The Customer acknowledges Smart River Cleaning invests resources in recruiting, selecting, and training its Cleaners. Unless Smart River Cleaning gives prior written permission, the Customer must not, directly or indirectly, engage, employ, or contract with any Cleaner introduced by Smart River Cleaning to provide domestic services to the Customer or any associate of the customer for a reasonable period after the conclusion of services. What constitutes a reasonable period will be assessed considering the investment made by Smart River Cleaning.

B. The Customer acknowledges that Smart River Cleaning may suffer loss and damage as a result of a breach of this clause by the Customer. Any claim for such loss will be reasonable and proportionate to the circumstances.

6. Job Quotations

A. The actual price payable by the Customer is calculated based on factors such as the size and condition of the property and the services requested.

B. Any price quoted by Smart River Cleaning is an estimate only, based on Smart River Cleaning’s experience and the information provided by the Customer. A final price may be subject to inspection of the premises. Quotes are valid for a reasonable period, as stated in the quote.

C. 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 Smart River Cleaning, Smart River Cleaning will communicate this to the Customer and provide the option to pay an increased fee to complete the Service or pay the originally quoted amount with the Service being completed to the extent covered by that amount. Smart River Cleaning will act reasonably and in the client’s best interests when making decisions if the Customer is uncontactable.

D. The Customer must inform Smart River Cleaning whether any cleaning services required are for an ‘end of tenancy’ at the time of quotation.

E. Where parking is necessary at the Premises and is not freely available, any associated parking costs will be the responsibility of the Customer and should be disclosed at the time of booking. If our cleaners incur a parking charge that was not disclosed, this may be on-charged to the client.

F. Room size estimations are for quoting purposes. Smart River Cleaning reserves the right to adjust pricing based on actual conditions observed at the premises and will discuss this with the Customer prior to commencing work. Smart River Cleaning will endeavour to remove stains, but no guarantee can be given regarding the complete removal of any specific stain. Drying times for carpet cleaning depend on ventilation, and Smart River Cleaning does not guarantee specific drying times. Seating estimations are for quoting purposes and may be adjusted based on inspection. Pricing is subject to change with reasonable notice.

G. Where services are provided free of charge, no refunds will be given if Smart River Cleaning cannot attend, and such free services are provided on an 'as is' basis.

H. Smart River Cleaning will only take machinery up a reasonable number of stairs where a lift is not present, consistent with occupational health and safety standards.

I. If fleas are present at the property, Smart River Cleaning reserves the right to refuse carpet cleaning in affected rooms and may charge a reasonable fee to cover costs incurred.

7. Bookings

A. The Customer may make a booking either by telephone, email, or on the Smart River Cleaning website or affiliated sites. Online bookings may be confirmed via phone or email to ensure clarity of service requirements.

B. At the time of booking, the Customer must provide details of any hazards, slippery surfaces, risks, dangers, ingrained dirt, grease, or grime located at the Premises that might reasonably affect the service.

C. Smart River Cleaning provides all quotations at the time of booking in good faith and with the information provided by The Customer. If any significant information affecting the price is not provided, Smart River Cleaning reserves the right to alter the price of The Service, subject to clause 6.

D. Smart River Cleaning may request the Customer to provide valid credit card details at the time of booking as a guarantee. Any charges to the card will only be made in accordance with this Agreement, such as for service fees or applicable cancellation fees.

E. Smart River Cleaning reserves the right not to accept a booking at its reasonable discretion.

F. The Customer must inform office staff at the time of booking if they have special requirements related to allergies or issues with specific cleaning products so that reasonable arrangements can be made prior to the service taking place.

8. Payment Terms

A. The Customer agrees to pay the quoted price for the Service in full as agreed, which may be prior to or at the Service Time.

B. If no payment has been made by the Service Time, Smart River Cleaning will use reasonable endeavours to contact the Customer for payment. If Smart River Cleaning cannot contact the Customer or payment is not made as agreed, Smart River Cleaning reserves its rights, including potentially treating it as a cancellation subject to clause 16. If services have been carried out and payment is not made within a reasonable timeframe, Smart River Cleaning reserves the right to charge a reasonable late payment fee to cover administrative costs and may pursue debt recovery action in accordance with applicable laws.

C. Payments may be made via methods agreed upon with Smart River Cleaning. Details for bank transfers will be provided upon request.

D. For one-off cleaning jobs, payment arrangements should be confirmed at the time of booking. If payment is not received as agreed, a reasonable surcharge to cover administrative costs may be applied after a reasonable period. Smart River Cleaning reserves the right to refer unpaid debts to a debt collection agency in accordance with applicable laws after attempting to resolve the matter with the customer. For credit card payments for one-off jobs, details may be provided upon phone confirmation, and payment may be processed after the customer has had a reasonable opportunity to assess the Service provided.

E. If cleaner/s have commenced work at the property and the service is then cancelled by the Customer for a non-valid reason, Smart River Cleaning will be entitled to reasonable compensation for the time and resources expended, which may include deducting an appropriate amount from any prepaid funds or charging the customer accordingly. A cancellation fee as per clause 16 may also apply.

9. GST

A. Unless specified otherwise, all prices and quotations are expressed to be GST exclusive amounts.

B. If GST is payable in respect of anything supplied to the Customer under this Agreement, then the amount which the Customer is obliged to pay for that supply (Original Amount) will (subject to the receipt of a valid tax invoice) be grossed up so that it results in Smart River Cleaning retaining the Original Amount plus the applicable GST amount.

10. Late Payment Fee

A. Where Smart River Cleaning has agreed to invoice the Customer for payment of fees after the Service has been completed, the Customer agrees to pay all fees due within 7 days of the invoice date.

B. The Customer agrees that if Smart River Cleaning has not received payment in full for the Service within a reasonable timeframe after the invoice date, a reasonable late payment fee may be charged to cover administrative costs.

C. In addition to the amounts set out above, the Customer agrees to pay any reasonable legal costs and other expenses incurred by Smart River Cleaning in connection with taking action to recover any unpaid debt from the Customer in accordance with applicable laws.

D. Smart River Cleaning reserves the right to report any non-payment to a credit reporting agency in accordance with applicable laws.

11. Non-appearance

If a Cleaner fails to attend the Premises within a reasonable timeframe of the Service Time and does not provide the requested Service, Smart River Cleaning will provide the Customer with either:

A. A full refund of payments made by the Customer for that specific service; or

B. Offer to reschedule the Service at another time mutually agreed between the Customer and Smart River Cleaning.

12. Complaints

If the Customer is dissatisfied for a reasonable reason with the Service provided, they must inform Smart River Cleaning within a reasonable timeframe of completing the Service, providing details of the issue. Smart River Cleaning strives to achieve customer satisfaction and will endeavour to resolve any issues quickly and efficiently. Smart River Cleaning will assess the complaint and may offer to re-attend the property to address the specific issues raised, within a reasonable timeframe. The Customer should provide reasonable access to allow Smart River Cleaning to assess and address the complaint. Smart River Cleaning may, at its reasonable discretion, offer the Customer one of the following options:

A. A partial refund, where appropriate;

B. Re-supply of the specific Service that was unsatisfactory without further charge;

C. Such other fair and reasonable remedy as deemed appropriate by Smart River Cleaning in accordance with the Australian Consumer Law.

13. Exclusions and Limitations

A. To the extent permitted by law, including the Australian Consumer Law (ACL), the liability of Smart River Cleaning is limited as set out in this clause. Certain consumer guarantees under the ACL cannot be excluded, restricted, or modified.

B. To the extent permitted by law, if Smart River Cleaning is liable for a failure to comply with a consumer guarantee under the ACL that cannot be excluded, our liability is limited to the resupply of the Service or the payment of the cost of having the Service supplied again. Smart River Cleaning is not responsible for:

• Not completing or providing the Service as a direct result of a breach of this Agreement by the Customer (including a failure by the Customer to provide reasonably proper materials, cleaning equipment, utility services, a safe working environment, or unencumbered access to the Premises);

• Any damages directly caused by defective cleaning materials or cleaning equipment provided by the Customer;

• Not completing or providing the Service as a direct result of the cleaner reasonably not proceeding for health and safety reasons;

• Any loss or damage incurred by the Customer or any third party as a direct result of the effects of a force majeure event (being an event beyond the reasonable control of Smart River Cleaning);

• Not completing or providing the Service due to a direct act or omission of the Customer or any other person at the Premises during the provision of the Service;

• Existing dirt, wear, damage, or stains that cannot be completely cleaned or removed through reasonable cleaning efforts;

• Any wear or discolouring of fabric or surfaces becoming more visible once dirt has been reasonably removed;

• Any loss directly incurred as a result of any breakage or damage to goods, items of value (including antiques, items of sentimental value) or the Premises, where reasonable care has been exercised;

• The reasonable cost of any key replacement or locksmith fees, only if keys were directly lost by Smart River Cleaning staff members.

• Except as provided in this clause and any non-excludable rights under the ACL, all conditions and warranties implied by law in respect of the state, quality, or condition of the Service that might otherwise be binding on Smart River Cleaning are excluded to the extent permitted by law.

C. 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 the nature of cleaning required), and that Smart River Cleaning provides its services with due care and skill but gives no guarantee as to the complete removal of all marks and/or stains.

14. Indemnity

To the extent permitted by law, the Customer indemnifies Smart River Cleaning against any direct loss or liability reasonably incurred by Smart River Cleaning as a direct result of a breach of the Customer’s warranties set out in clause 3.

15. Accidents, Breakage, Damage & Theft

A. The Customer must inform Smart River Cleaning of any incident where an accident, breakage, damage to property, or theft has occurred due to a negligent act of the Cleaner within a reasonable timeframe of completion of the Service, and contact the local authorities if necessary.

B. To the extent permitted by law, Smart River Cleaning’s liability for any such incident will be subject to the incident being reported within a reasonable timeframe.

C. To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of Smart River Cleaning under these terms and conditions, provided reasonable care has been taken: cash, jewellery, art, antiques, and items of sentimental value.

16. Cancellation Fees

If the Customer wishes to cancel the service, reasonable notice is required. If cancellation occurs without reasonable notice, Smart River Cleaning may charge a cancellation fee to cover reasonable costs incurred.

A. The Customer must provide Smart River Cleaning with at least 24 hours’ notice prior to the Service Time if they wish to suspend, postpone, alter, or cancel the Service for any reason.

B. In the event that such notice has been given, Smart River Cleaning will endeavour to reschedule the Service if required.

C. If the Customer does not provide 24 hours’ notice prior to the commencement of the Service, the Customer agrees to pay a reasonable cancellation fee to cover administrative costs and losses directly incurred. This fee will be reasonable and proportionate to the loss suffered by Smart River Cleaning.

17. Fee for Non-access to Premises

In the event that the Customer does not provide unencumbered access to the Premises for Smart River Cleaning or its Cleaners to provide the Service at the agreed time, the Customer agrees to pay a reasonable fee to cover administrative and travel costs incurred by Smart River Cleaning. Arrangements for key collection may be made at Smart River Cleaning’s discretion and at the Customer's reasonable expense.

18. Fix Up/Free Re-Visit Conditions

A. Smart River Cleaning aims to provide a satisfactory service.

B. To facilitate satisfaction, the Customer is encouraged to be present at the property after the service is completed to inspect the work and raise any immediate concerns with the cleaning staff.

C. If the Customer, after a reasonable inspection, is not satisfied with the Service, they should contact Smart River Cleaning within 3 Business Days of the service completion to arrange a revisit to address the specific concerns raised. The Customer should be present during any such revisit to ensure the rectification is satisfactory.

D. If the Customer does not attend the revisit or is subsequently dissatisfied after a signed confirmation of satisfaction, any further services will be provided at standard rates.

E. For one-off jobs where the customer has been present at the completion of work but remains unsatisfied with specific aspects, Smart River Cleaning will reasonably assess the concerns and may arrange for a follow-up inspection or rectification. Smart River Cleaning is not responsible for issues not identified and raised by the customer at the time of completion if a reasonable inspection was possible.

F. If the time estimated for the Service is insufficient due to unforeseen circumstances, Smart River Cleaning will communicate this to the Customer. If the Customer declines additional time, Smart River Cleaning will complete as much as reasonably possible within the agreed time, and any subsequent revisit will be limited to the areas where the service was initially undertaken.

19. Termination

A. This Agreement may be terminated by the Customer by providing at least 24 hours’ notice prior to the Service Time.

B. Smart River Cleaning may terminate this Agreement by providing the Customer with at least 24 hours’ notice prior to the Service Time.

C. Smart River Cleaning may terminate this Agreement with immediate effect if the Customer is in material breach of this Agreement and that breach is not reasonably capable of being remedied.

20. Privacy Policy

A. The Customer acknowledges that any information provided by the Customer may be used by Smart River Cleaning for the purpose of providing the Service. Smart River Cleaning agrees to handle personal information in accordance with its Privacy Policy and applicable privacy laws.

B. The Customer consents to Smart River Cleaning communicating with them electronically and/or via other reasonable means in order to provide the Service or for reasons directly related to the provision of the Service.

C. Smart River Cleaning will take reasonable precautions to protect personal information provided by the Customer from loss, misuse, unauthorised access or disclosure, alteration, or destruction in accordance with its Privacy Policy and applicable laws.

21. Changes to this Agreement

A. Smart River Cleaning reserves the right to update or modify these terms and conditions at any time by publishing an updated agreement on its website. Reasonable notice of significant changes will be provided to existing customers where appropriate.

B. The Customer agrees that any use of the Service following any such change, after reasonable notice has been given (if applicable), constitutes their agreement to follow and be bound by the terms and conditions as changed.

22. Law & Jurisdiction

The Customer and Smart River Cleaning acknowledge and accept that this Agreement shall be governed by and construed in accordance with the laws of New South Wales, and both agree to submit to the non-exclusive jurisdiction of the courts of New South Wales in the event of any dispute. This means that legal proceedings can be brought in NSW, but not exclusively there.

23. Severability

The Customer agrees that if any term or provision is held to be invalid, void, or unenforceable by a court of competent jurisdiction, then that provision will be considered severable, and the remaining terms and provisions shall continue to be binding to the extent permitted by law.

24. Copyright

The content of this Agreement is protected by copyright laws and may be used for personal reference only. Subject to applicable law, permission to copy, alter, reproduce, and publish, transmit, and/or otherwise distribute this content is forbidden without first obtaining the prior written permission of Smart River Cleaning.

25. Other

Smart River Cleaning holds no responsibility for loss, damages, or injury incurred as a direct result of the customer being present at the site while cleaning is in progress, where reasonable safety precautions are in place. Customers have the right to inspect the property after the work has been completed and is deemed to be reasonably safe by Smart River Cleaning staff. Smart River Cleaning takes reasonable care in selecting its contractors or subcontractors but is responsible for the provision of the agreed services. Smart River Cleaning has the right to report non-payment of services to a credit reporting agency in accordance with applicable laws. Smart River Cleaning has the right to review and make reasonable changes to its Customer Service Agreement with appropriate notice where necessary.

Payment

We accept these forms of payment as agreed: Cash on the day of cleaning (for one-off cleans as agreed), Direct deposit as agreed, Credit Card/Eftpos (authorisation may be required), Payment terms for corporate customers as agreed. A deposit may be required for certain bookings.

Our Guarantee to You

We guarantee to perform our cleaning services with due care and skill. If the Customer has reasonable grounds for dissatisfaction with specific aspects of a bond clean that are on our checklist, they must notify us within 72 hours of the clean, and we will endeavour to rectify those specific issues. For carpet and upholstery cleaning, any concerns should be raised within 24 hours. A receipt will be provided upon completion of the service.