Business Name: Sydney Cleaning Network ABN: 26 352 124 977

1. BINDING LEGAL AGREEMENT

This document constitutes a legally binding contract between Sydney Cleaning Network (“the Business”) and all users, including employees, direct contractors, marketplace vendors, and clients. Use of the platform, acceptance of shifts, or payment of invoices confirms that you have read, understood, and signed these terms.

2. DUAL-SERVICE PROVISION MODEL

  • Marketplace Facilitation: The Business acts only as a digital facilitator for marketplace bookings. We are not a party to these contracts and are not liable for any damages, liabilities, pricing disputes, or work quality. We assume all vendors are genuine businesses with valid experience.
  • Direct Contracting: For contracts managed by the Business, we provide branded uniforms, chemicals, and tools. These services are performed under our sole supervision.

3. PERSONNEL COMPLIANCE & CONDUCT

  • Mandatory Credentials: All cleaners must hold a valid ABN, valid working visa, National Police Check, Working with Children Check (WWCC), and White Card. Any change in status must be reported immediately.
  • Asset Liability: Cleaners are financially liable for the repair or replacement of Business equipment broken through negligence or misuse.
  • Performance: Work is briefed face-to-face and online. Unsatisfactory work must be rectified by the cleaner at their own expense during unpaid time.
  • Anti-Substitution: Cleaners are strictly prohibited from sending any unauthorized person to a property in their place.
  • Ethical Conduct: Bribes, tips for unauthorized work, and bypassing the Business to contract directly with clients are strictly prohibited.

4. COMMERCIAL & FACILITY MANAGEMENT

  • Notice Periods: A minimum of one (1) month written notice is required for any contract termination or renegotiation.
  • Audit Responsibilities: The Business is responsible for providing site audit reports.
  • Client Duties: Clients must provide a safe environment, pre-arranged entry, and cover all utility costs (water and power).

5. TERMINATION PROCEDURES

  • Unsatisfactory Performance: Disciplinary action follows a path of Verbal Warning → Written Warning → Written Termination (7 days’ notice).
  • Summary Dismissal: Serious misconduct (theft, fraud, safety breaches, or unauthorized photo sharing) results in immediate termination under Australian Law.

6. WORK HEALTH & SAFETY (WHS) & WORKERS’ COMPENSATION

  • Independent Contractor & Vendor Exemption: All independent contractors, marketplace vendors, and self-employed cleaners acknowledge that they are not employees of the Business. They are solely responsible for maintaining their own Workers’ Compensation Insurance, Personal Accident Insurance, and Public Liability Insurance. The Business accepts no liability for workplace injuries sustained by independent operators.
  • WHS Compliance: Cleaners must strictly adhere to all Australian Work Health and Safety laws, use appropriate Personal Protective Equipment (PPE), and follow safety tags on chemicals and equipment.
  • Incident Reporting: Any workplace hazard, near-miss, or injury must be documented and reported to the Business within two (2) hours of the occurrence.
  • Client Site Safety: Clients must ensure the premises are free from structural hazards, aggressive animals, or toxic environments. The Business reserves the right to instruct cleaners to immediately withdraw from a site if a dynamic risk assessment deems it unsafe, without penalty to the Business or the cleaner.

7. INHERENT PHYSICAL REQUIREMENTS & HEALTH DECLARATION

  • Acknowledgment of Physical Demands: The cleaner acknowledges that the role of a commercial/domestic cleaner with the Business is physically demanding. By accepting these terms, the cleaner confirms they possess the functional capacity to safely perform the following inherent physical requirements:
    • Manual Handling: Frequent lifting, carrying, and moving of items up to 15kg (e.g., commercial vacuum cleaners, full mop buckets, waste bins, light furniture).
    • Postural Agility: Continuous bending, kneeling, crouching, reaching overhead, twisting, and operating machinery for extended periods.
    • Endurance: Standing and walking on hard surfaces for continuous shifts lasting between 4 to 8 hours.
    • Chemical Handling: Safely mixing, handling, and applying commercial-grade cleaning chemicals, solvents, and disinfectants while using prescribed Personal Protective Equipment (PPE).
  • Duty of Disclosure: Cleaners are legally required to disclose any pre-existing medical conditions, physical restrictions, or psychological injuries that could reasonably be aggravated by or impact their ability to perform these duties.
  • Effect of Non-Disclosure: Under relevant state workers’ compensation legislation (e.g., Section 79 of the Workers Compensation Act 1987 NSW, or state equivalents), a failure to disclose a pre-existing condition, or making a false/misleading declaration, may disentitle the worker to workers’ compensation benefits if that pre-existing condition is subsequently aggravated during their engagement. Furthermore, false statements constitute a breach of contract and may result in immediate termination.

8. CUSTOMER PAYMENTS & ANTI-POACHING PROTECTIONS

  • Direct Payment Prohibition: Clients must pay all invoices directly to the Business via the designated platform payment gateways. Clients are strictly prohibited from paying cleaners directly in cash, bank transfer, or any other private arrangement.
  • Unauthorised Payments: Any funds paid directly from a client to a cleaner will not be recognized as a valid payment to the Business. The client’s account with the Business will remain in arrears, and the cleaner will face immediate summary dismissal or platform banning for accepting unauthorized funds.
  • Non-Solicitation & Bypassing: Both clients and cleaners agree not to privately contract, employ, or engage with each other outside of the Business framework during the term of this agreement and for a period of twelve (12) months following its termination. A breach of this clause will result in a liquidated damages fee of $10,000 AUD payable by the breaching party to the Business.

9. PROPERTY LIABILITY & PRE-EXISTING DAMAGES

  • Pre-Existing Damage Indemnity: The Business is not liable for any pre-existing damage to a client’s property (including but not limited to stained carpets, scratched glass, cracked tiles, or worn surfaces). Cleaners are instructed to take time-stamped photographs of any pre-existing damage prior to commencing work and upload them to the Business platform.
  • Cleaner Financial Liability for Damage: If a cleaner damages, breaks, or loses any item or part of a client’s property through negligence, malice, or failure to follow instructions, the cleaner is solely and entirely financially liable for the cost of repair or replacement.
  • Business Indemnity: The Business acts as an intermediary or supervisor (depending on the service model) but does not accept financial liability for property damage caused by individual cleaners. The Business reserves the right to withhold pending payouts to a cleaner or deduct funds to cover the cost of rectifying damage they caused.

10. CLIENT LIMITATIONS & PAYMENT TERMS (B2B Corporate Engagements)

  • Limitation of Liability: To the maximum extent permitted by Australian Consumer Law, the total collective liability of the Business to any commercial client for any event, claim, or breach of contract is strictly limited to the total dollar amount actually paid by that client to the Business for the specific job in question. The Business is never liable for consequential loss, loss of business revenue, or loss of profits.
  • Commercial Payment Terms: All corporate and commercial clients agree to a strict Net 7 / Net 14 / Net 30 [Select your preference, e.g., Net 14] payment term from the date of invoice issuance.
  • Late Fees and Collection Costs: Overdue invoices will automatically accrue interest at a rate of 10% per annum, calculated daily. The client agrees to pay all legal fees, debt collection agency fees, and administrative costs incurred by the Business in recovering unpaid accounts.
  • Claims Period: Commercial clients must inspect the completed work and lodge any claims regarding service quality or property damage in writing within twenty-four (24) hours of job completion. No claims will be accepted or investigated after this window.

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