Last updated: June 5, 2025
MUMS2MUMS HOME SERVICES Cleaning Services Agreement
TERMS AND CONDITIONS
These terms and conditions are between Mums2mums Home Services Pty Ltd (ABN 84 642 237 867), (we, us or our) and you, the person accepting this Agreement (you or your), together the Parties and each a Party.
1. OUR DISCLOSURES
1.1 By accepting this Agreement, you agree that:
(a) we will handle your personal information in accordance with our privacy policy, available at https://www.mums2mums.com.au/;
(b) we may amend the Services and Price if required;
(c) you may be required to pay our costs if you fail to comply with certain terms in the Agreement;
(d) your failure to pay the Price in accordance with the Payment Terms may result in us charging you interest, an additional fee, or suspending the provision of the Services until we receive payment;
(e) subject to your Consumer Law Rights, we may charge you a Cancellation Fee for any cancellations outside our required timeframe; and
(f) subject to your Consumer Law Rights, our Liability for the provision of the Services will be limited to, at our discretion, the resupply of the Services or the repayment of the Price paid by you to us.
1.2 This Agreement does not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
2. ACCEPTANCE
2.1 You accept this Agreement by the earlier of:
(a) accepting this Agreement online or sending an email accepting this Agreement; or
(b) instructing us to proceed with the Services (including by sending us a Booking Request); or (c) making part or full payment of the Price (including any deposit).
2.2 This Agreement will operate for the Term.
3. SERVICES
3.1 In consideration of your payment of the Price, we agree to provide you the Services in accordance with this Agreement, whether ourselves or through our Personnel.
3.2 We will not be responsible for any Services unless expressly set out in the inclusions in the Booking Confirmation.
3.3 We agree to use reasonable endeavours to provide the Services at the time agreed between the Parties.
3.4 All variations to this Agreement must be agreed in writing between the Parties and will be priced in accordance with any schedule of rates provided by us, or otherwise as reasonably determined by us. If we consider that any instruction or direction from you constitutes a variation to the scope of our obligations under this Agreement, or would result in us suffering or incurring any additional cost or delay, then we will not be obliged to comply with such instruction or direction unless agreed in accordance with this clause 3.4.
4. BOOKINGS
4.1 You have requested the Services by sending us a booking enquiry by email, webform, social media, text message or by calling us (Booking Request).
4.2 We may, at our absolute discretion, reject any Booking Request.
4.3 Once we receive your Booking Request, we will send you an email or text message, or call you to confirm the details of the proposed Booking, including Price, Location, agreed Services and other information (Booking Confirmation).
4.4 If you accept the Booking Confirmation (whether verbally or in writing), a Booking is made.
4.5 You must give at least 24 hours’ notice if you want to make a variation to any Booking. Once we confirm the variation, the amended Services and Price (if applicable) will become the updated Booking.
5. PRICE AND PAYMENT
5.1 In consideration for us providing the Services, you agree to pay us the Price, and any other amount payable to us under this Agreement, in accordance with the Payment Terms specified in the Booking Confirmation. All amounts are stated in Australian dollars and are exclusive of GST (unless otherwise stated).
5.2 You agree to pay us the price for the Services through Stripe, or other third-party payment processors. You acknowledge that we have no control over the third-party payment processors and your use of them may be subject to their terms and conditions.
5.3 You agree that you are liable to pay the transaction fees of any third-party payment processors.
5.4 Any amount quoted in the Booking Confirmation is an estimate only and may increase depending on the nature of the Service required. Our Personnel will notify you of any change in Price once they arrive at the Premises to carry out the Services.
5.5 Unless otherwise agreed between the Parties, any Deposit in the Booking Confirmation must be paid before we commence the performance of the Services.
5.6 If any payment has not been made in accordance with the Booking Confirmation, we may (at our absolute discretion):
(a) 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 due date for payment in accordance with the Payment Terms;
(b) after a period of 7 days, cease providing the Services, and recover, as a debt due and immediately payable from you, our additional costs of doing so, including legal fees, debt collector fees and mercantile agent fees; and/or (c) after a period of 7 days, add a fee of $20 to the total amount owing.
5.7 You agree that any third-party payment processor we use may store your payment details.
5.8 Where you have utilized our Services before and you fail to make payment on time, you authorise us to automatically direct debit any outstanding amounts payable to us by you from the card that you used previously.
5.9 You agree to complete a direct debit request form and/or direct debit request service agreement (if required), which may be provided by us or a third-party provider on our behalf.
5.10 If and when applicable, GST payable on the Price will be set out in our invoice. You agree to pay the GST amount at the same time as you pay the Price.
6. CANCELLATIONS
6.1 Prior to a Booking, you may request to reschedule or cancel the Services by providing us with notice (via email, text message or by telephone call).
6.2 If you wish to reschedule or cancel the Services, you agree to provide us with at least 48 hours’ notice prior to the scheduled start time of the Booking. If you give us notice between 48 to 25 hours before the scheduled start time, we may charge you a cancellation fee for 1 hour at the applicable hourly rate. If you give us less than 24 hours’ notice, we may: (a) not refund your deposit, or (b) charge you 50% of the price quoted in the Booking Confirmation (whichever amount is higher) (Cancellation Fee).
6.3 You acknowledge that the Cancellation Fee, is a genuine pre-estimate of the loss we have incurred as a result of your cancellation, since we are unlikely to book in another customer on less than 48 hours’ notice.
6.4 If we cancel a Booking (due to no fault on your part), you will be fully reimbursed for any amounts paid to us. If the cancellation is due to your breach of this Agreement, you agree that we will have no obligation to refund you any amounts paid for the Services.
7. OBLIGATIONS AND WARRANTIES
7.1 You represent, warrant and agree:
(a) to comply with this Agreement and all applicable Laws;
(b) that the information on you provide to us is true, correct and complete;
(c) that you will provide us and our Personnel with sufficient access, free from harm or risk to health or safety, to the
Premises, to enable us to provide the Services, including at the dates and times that we may reasonably request;
(d) that the Premises will be hygienic and, unless agreed to beforehand, you will not require our Personnel to carry out any
Services that they are uncomfortable with, including, but not limited to, cleaning any animal faeces;
(e) that prior to the performance of Services, you will notify us of any hazards, slippery surfaces or other dangers that may impact the health and safety of our Personnel;
(f) that if you allege our Personnel have caused any damage at your Premises, you will make any such complaints directly to the Personnel or us whilst they are at your Premises or otherwise release us from any liability for such property damage;
(g) that if you have complaints (outside of clause 8.2(h)) with the Services provided by our Personnel, you will make any such complaints directly to the Personnel or us within 24 hours of completion of the Services;
(h) that if our Personnel cannot find parking within a reasonable time and/or distance from your Premises, you will pay for an additional 15 minutes, and/or provide your own cleaning equipment to be used;
(i) that if you require certain cleaning products to be used or avoided, you will notify our Personnel before performance of any Services;
(j) that you will provide us with your updated contact details, including address; and (k) that you will treat our Personnel with respect.
8. TERM AND TERMINATION
8.1 This Agreement will commence on the date this Agreement is accepted in accordance with its terms, and will continue until the date we consider the Services to be supplies to you in accordance with this Agreement, unless terminated earlier in accordance with its terms.
8.2 Either Party may terminate this Agreement if the other Party breaches a material term of this Agreement, and that breach has not been remedied within 5 business days of being notified by the relevant Party.
8.3 Upon termination or expiry of this Agreement:
(a) we will immediately stop providing the Services;
(b) without limiting your Consumer Law Rights, you agree that any payments made by you to us are not refundable to you;
(c) 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 this Agreement; and
(d) by us pursuant to clause 8.2, you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination, including legal fees, debt collector fees and mercantile agent fees.
8.4 This clause 8 will survive the termination or expiry of this Agreement.
9. YOUR CONSUMER LAW RIGHTS
9.1 Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Services which cannot be excluded, restricted or modified (Consumer Law Rights). Nothing in this Agreement excludes your Consumer Law Rights as a consumer under the ACL.
9.2 You agree that our Liability for the Services is governed solely by the ACL and this Agreement.
9.3 Subject to your Consumer Law Rights, we exclude all implied warranties, representations and guarantees of any kind (whether statutory or otherwise), unless expressly stipulated in this Agreement.
9.4 Subject to your Consumer Law Rights, all amounts paid by you for the Services are non-refundable.
9.5 This clause 9 will survive the termination or expiry of this Agreement.
10. LIABILITY AND EXCLUSIONS
10.1 Limitation of Liability: Despite anything to the contrary, to the maximum extent permitted by law, and subject to your Consumer Law Rights:
(a) neither Party will be liable for any Consequential Loss;
(b) a Party’s liability for any Liability under this Agreement 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
(c) our aggregate liability for any Liability arising from or in connection with this Agreement will be limited to us resupplying the Services to you or, in our sole discretion, to us repaying you the amount of the Price paid by you to us in respect of the supply of the relevant Services to which the Liability relates.
10.2 This clause 10 will survive the termination or expiry of this Agreement.
11. GENERAL
11.1 Amendment: This Agreement may only be amended in writing and as agreed by the Parties.
11.2 Assignment: Subject to clause 11.9, a Party must not assign or deal with the whole or any part of its rights or obligations under this Agreement without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
11.3 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with this Agreement, to a debt collector, debt collection agency, or other third party. Additionally, you understand and accept that any additional costs or fees incurred due to the use of a debt collector or agency to recover the debt will be added to the principal amount of the debt and will be your sole responsibility to reimburse.
11.4 Disputes: A Party may not commence court proceedings relating to any dispute arising from this Agreement (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction, or will operate to prevent a Party from taking steps to recover any debt.
11.5 Force majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under this
Agreement if such delay or failure is caused or contributed to by a Force Majeure Event. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under this Agreement.
11.6 Governing law: This Agreement is governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
11.7 Notices: Any notice given under this Agreement must be in writing addressed to the relevant address last notified by the recipient to the Parties. 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.
11.8 Publicity: You agree that we may take before and after photos of our Services supplied to you and may advertise or publicise these images and the broad nature of our supply of the Services, including on our website or in our promotional material. Should you wish for us not to take these photos, advertise, or publicise our supply of Services to you, you must notify us explicitly in writing via email.
11.9 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 this Agreement and that we are liable for the acts and omissions of our subcontractor.
12. INTERPRETATION & DEFINITIONS
12.1 In this Agreement, unless the context otherwise requires, capitalised terms have the meanings given to them in the Agreement, and:
Agreement means these terms and conditions, which includes the Booking Confirmation and any documents attached to, or referred to in, each of them.
Deposit means the deposit as set out in the Booking Confirmation.
Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, natural disasters, 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.
GST has the meaning which it is given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
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 this Agreement or otherwise.
Payment Terms means the Price, method and timing of payment, as set out in the Booking Confirmation.
Personnel means any of our employees, consultants, suppliers, subcontractors or agents.
Premises means the location where the Services are to be supplied, as set out in the Booking Confirmation.
Price means the price set out in the Booking Confirmation for the performance of the Services and all other reasonable pre-agreed expenses or disbursements incurred by us in the provision of Services and includes any Deposit.
Services means the services we agree to perform under this Agreement, as further particularised in the Booking Confirmation.
If you have any questions about these Terms and Conditions, You can contact us:
- By email: info@mums2mums.com.au