Read our Terms and Conditions:

1. Definitions

1.1 “Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne” means Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne Pty Ltd, its successors and assigns, or any person acting on behalf of, and with the authority of, Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne Pty Ltd.
1.2 “Customer” means the person/s requesting Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne to provide the Services, as specified in the Quotation, order, invoice or other document, and if there is more than one person requesting the Services is a reference to each person jointly and severally.
1.3 “Services” means all commercial and/or domestic cleaning services (including all personnel and supervision) provided by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne to the Customer, as per the Schedule contained in the Quotation, and includes any necessary materials and equipment (“Products”) supplied, consumed, created or deposited incidentally by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne to assure the performance of the Services. Where the context so permits the terms ‘Services’ or ‘Products’ shall be interchangeable for the other.
1.4 “Price” means the price payable for the Services as agreed between Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne and the Customer in accordance with clause 6 of the contract.
1.5 “Site” means the address nominated by the Customer at which the Services are to be provided by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne.
1.6 “Quotation” means the Quotation prepared by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne, and submitted to the Customer, to describe the scope of Services to be provided, and the amount or method of calculation of the Price.

2. Acceptance

2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions on the completion and return of the Schedule contained in the Quotation. All required information must be completed in full and the document signed by authorised personnel of the Customer.
2.2 These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne.
2.3 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions (Victoria) Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
2.4 Where the Customer is a tenant (and therefore not the owner of the Site) then the Customer warrants that it has obtained the full consent of the owner for Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne to provide the Services at the Site. The Customer acknowledges and agrees that it shall:
(a) upon request from Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne, provide evidence that the Customer has such consent; and
(b) be personally liable for full payment of the Price for all Services provided under the contract, and to indemnify Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne against any claim made by the owner of the Site (howsoever arising) in relation to the provision of any Services by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne, except where such claim has arisen because of the negligence of Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne when providing the Services.
2.5 These terms and conditions may be meant to be read in conjunction with Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s Hire Form, and:
(a) where the context so permits, the terms ‘Services’ or ‘Products’ shall include any supply of Equipment, as defined therein; and
(b) if there are any inconsistencies between the two documents then the terms and conditions contained therein shall prevail.

3. Change in Control

3.1 The Customer shall give Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne as a result of the Customer’s failure to comply with this clause.

4. Contract Term

4.1 Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne shall provide the Services to the Customer for the period specified in the Quotation, commencing on the day specified therein, or at such other date as Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne and the Customer may agree to in writing (“Contract Term”).
4.2 The Customer, at its sole discretion, has the right to renew or expand the scope of the Services to be provided.
4.3 Any Price quoted by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne shall remain in full force and effect for the Contract Term; upon expiry thereof, Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne reserves the right to renegotiate the Price for any subsequent period/s on the basis of the movement in the Consumer Price Index (CPI).

5. Authorised Representatives

5.1 Unless otherwise limited as per clause5.2, the Customer agrees that should the Customer introduce any third party to Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne as the Customer’s duly authorised representative, that once introduced that person shall have the full authority of the Customer to order any Services and/or to request any variation thereto, on the Customer’s behalf (such authority to continue until all requested Services have been completed or the Customer otherwise notifies Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne in writing that said person is no longer the Customer’s duly authorised representative).
5.2 In the event that the Customer’s duly authorised representative (as per clause 5.1) is to have only limited authority to act on the Customer’s behalf then the Customer must specifically and clearly advise Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne in writing of the parameters of the limited authority granted to their representative.
5.3 The Customer specifically acknowledges and accepts that they will be solely liable to Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne for all additional costs incurred by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne (including Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s profit margin) in providing any Services, or variation/s thereto, requested by the Customer’s duly authorised representative (subject always to the limitations imposed under clause 5.2 (if any)).

6. Price and Payment

6.1 At Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s sole discretion, the Price shall be either:
(a) as indicated on any invoice provided by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne to the Customer in respect of Services provided; or
(b) Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s estimated Price (subject to clause 6.3) which shall not be deemed binding upon Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne as the actual Price can only be determined upon either an inspection of the Site and/or completion of the Services. Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne undertakes to inform the Customer in the event the actual Price is likely to exceed the original estimate following an inspection of the Site; or
(c) Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s quoted Price (subject to clause 6.3), which will have provided via Quotation on completion of an inspection of the Site by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne prior to provision of the Services, and will be valid for the period stated in the Quotation, or otherwise for a period of thirty (30) days.
6.2 Unless specified by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne in writing, the Price:
(a) is inclusive of (1) single service only and any additional services shall be treated as a separate contract or a variation to the Price; and
(b) is based on the existing condition (including cleanliness) and size of the Site, as stated by the Customer, or at the time of inspection by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne. Any variation to the condition and/or size of the Site will be treated as a variation to the Price.
6.3 Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne reserves the right to change the Price:
(a) if a variation to the Services are requested (in writing) by the Customer (including, but not limited to, any additional services, as offered by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne in the Quotation), or required upon inspection of the Site by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne (including, but not limited to, quantity and sizes of rooms, where the Site includes stairs, unavailability of parking at the Site or difficult access to the Site, the Site is excessively unclean, etc.). Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne shall provide to the Customer a quotation for any additional services requested; or
(b) in the event the Site is not as was stated by the Customer, or Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne suffers interruptions from any third party occupying the Site which causes delays; or
(c) as a result of increases to Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne in the cost of personnel and/or Products (including where clause 4 applies), which are beyond the control of Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne.
6.4 At Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s sole discretion, a non-refundable deposit may be required.
6.5 Time for payment for the Services being of the essence, the Price will be payable by the Customer on the date/s determined by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne, which may be:
(a) on completion of the Services; or
(b) before the commencement of the Services; or
(c) by way of instalments/progress payments in accordance with Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s payment schedule; or
(d) the date specified on the Quotation, or any invoice or other form, as being the date for payment; or
(e) failing any notice to the contrary, the date which is twenty-one (21) days following the date of any invoice furnished to the Customer by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne.
6.6 Payment may be made by cheque, electronic/on-line banking, or by any other method as agreed to between the Customer and Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne.
6.7 Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne an amount equal to any GST Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne must pay for any provision of Services by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne under the contract or any other agreement. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price, except where they are expressly included in the Price.
6.8 The Customer acknowledges and agrees that the Customer’s obligations to Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne for the provision of Services shall not cease until:
(a) the Customer has paid Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne all amounts owing to Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne; and
(b) the Customer has met all other obligations due by the Customer to Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne in respect of all contracts between Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne and the Customer.
6.9 Receipt by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
6.10 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne, nor to withhold payment of any invoice because part of that invoice is in dispute, this includes cases of suspected theft or other loss (including vandalism), which the Customer must notify to Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne promptly, and Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne shall provide their full cooperation to the resolution of any such claim.

7. Provision of the Services

7.1 Whilst Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne shall make every endeavour to provide the Services to the Customer at the days and times agreed to as per the Schedule contained in the Quotation, to observe all holidays of the Customer and adapt the schedule of the Services to meet and serve the Customer’s needs and requests, any time specified by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne for provision of the Services is an estimate only, and Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne will not be liable for any loss or damage incurred by the Customer as a result of any delay, and:
(a) if Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s personnel are running late due to unforeseen conditions, Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne will contact the Customer to advise of the estimated time of arrival; or
(b) in the event that Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne is unable to provide the Services, as agreed, solely due to any actions, or inactions, of the Customer, Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne shall be entitled to charge a reasonable fee for re-providing the Services at a later date/time; or
(c) if the scheduled Services falls on a public holiday, Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne will contact the Customer in advance to reschedule the Services.
7.2 Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne will provide Products to effectively carry out the Services, which include concentrated industrial quality chemicals, floor machines, buffers, vacuums, mops, buckets and brooms, and:
(a) where necessary, the Customer shall keep such cleaning supplied in a safe and secure location; and
(b) consumable items such as hand towels, bin liners, hand soap, toilet paper, urinal tablets and air fresheners are excluded from Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s standard supply of Products and should be readily available to Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s personnel. These items can be provided by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne, at an additional charge, at the request of the Customer; and
(c) Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne also offer biodegradable cleaning supplies that are all natural, environmentally safe and sensitive to those who may have allergies; and
(d) whilst Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne make every effort to use high quality Products, Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne cannot be responsible for health conditions that may be irritated by the use of these Products.
7.3 Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne shall not be responsible for the disposal of health risk items, however, the removal of such items by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne may (at the sole discretion of Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne) be charged to the Customer in addition to the Price.
7.4 Colour variations or spotting may occur due to the type of flooring (e.g. hard floors and carpet fibres), cleaning products or methods used (including those Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne provides) and/or any act of nature. Grout may be dislodged from surfaces whilst cleaning. Carpet threads may come out, edges may be damaged or loosening and shrinking may occur. Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne shall not be held responsible if the aforementioned instances take place.
7.5 Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne offers no guarantee, and will take no liability, for sharp objects damaging the floor, dragging (e.g. chairs, tables or other equipment) or any chemical spill or polish being burnt on the area of the vinyl floor, that has been cleaned.
7.6 Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne will endeavour to remove any existing staining and/or marks on carpet, however Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne does not offer any guarantee, and shall take no liability, in the event staining and/or marks are not completely removed.
7.7 In the unlikely event that the Customer is less than completely satisfied with the Services, Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne maintains a policy of guaranteed satisfaction, and will remedy the situation free of charge, provided the Customer contacts Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne within twenty-four (24) hours of completion of the Services.

8. The Customer’s Responsibilities

8.1 Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s personnel are very important to it, and Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne is determined to keep them safe; as such, Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne requests that the Customer provides a safe working environment and informs Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne of any potential hazards, slippery surfaces, risks or dangers at the Site.
8.2 It shall be the Customer’s responsibility to:
(a) ensure any requested date/time is realistic and truthful in order for Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne to provide the Services by/on the requested date/time. Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne shall not be liable for any loss the Customer may suffer as a result of any requested date/time being inaccurate, unattainable or unreasonable; and
(b) ensure that the Site is reasonably ready for Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne to provide the Services, with minimal tradespersons and works in progress; and
(c) fulfil any special conditions / requirements that may affect Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne in providing the Services at the Site (including, but not limited to, health and safety equipment and/or work site inductions); and
(d) ensure that Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne has clear and free access to the Site at all times to enable it to provide the Services. Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne shall not be liable for any loss or damage to the Site, unless due to the negligence of Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne. The Customer shall be required to pay the full Price of any Services in the event of a lock-out causing Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s personnel being turned away or unable to enter the Site; and
(e) provide Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne with an adequate free source of water and power at all times to enable Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne to provide the Services; and
(f) report any existing damage prior to the commencement of the Services. Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne cannot be held responsible for any existing damage, wear and tear, or stains that cannot be removed using normal cleaning methods.
8.3 In the event provision of the Services is delayed due to inadequate access to the Site, or access to water and power facilities not being available, then Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne reserves the right to charge a reasonable fee for re-providing the Services at a later time and date in accordance with clause 7.1(b).
8.4 Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s personnel are not authorised to move furniture or equipment heavier than fifteen kilograms (15kg). These types of activities put personnel in danger of injury, or could damage property and fittings in the Site. It shall be the Customer’s responsibility to arrange and conduct any lifting and movement of furniture, appliances or equipment in excess of fifteen kilograms (15kg) prior to the arrival of Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s personnel at the Site.

9. Risk

9.1 Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne shall not be liable for any existing defects revealed by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne during the provision of the Services. Any existing defects revealed shall be reported to the Customer by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne on completion of the Services.
9.2 Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne shall not be held responsible for any damage to the Site caused by any third party (including, but not limited to, animals or tradesmen).

10. Accidents and Damages

10.1 It shall be the Customer’s responsibility to secure or remove any fragile, delicate, breakable or valuable items, including cash, jewellery, works of art or antiques from those areas that require the Services. Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne is unable to accept liability for items of this type that have not been reasonably secured.
10.2 Unfortunately, accidents happen sometimes. Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne is fully bonded and insured and will work with the Customer (and both parties’ insurers) to repair or replace items that may be damaged or broken as a result of any accident caused by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s personnel.
10.3 It is Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s policy that personnel report any incident that occurs, so that Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne can remedy the situation as quickly as possible. However, there may be cases when personnel are unaware of any accidental damage. As such, the Customer must report any damages to Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne within twenty-four (24) hours.

11. Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s Personnel

11.1 Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne employ professional, trained and courteous personnel to provide top-of-the-line Services tailored to the Customer’s needs. Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne are fully insured for, and conduct background checks on, all personnel to give the Customer (at its organisation) a greater sense of security and ease of mind. Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne shall at all times maintain insurance applicable to the Services being provided, which includes comprehensive public liability coverage and property damage for ten million dollars ($10M), and Worker’s compensation; Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne shall supply the Customer a copy of such relevant insurance policy on the request of the Customer.
11.2 Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne invests significant resources in recruiting, selecting and training personnel. By entering into the contract with Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne, the Customer agrees that after cancellation of the Services the Customer will not directly, or indirectly, engage, employ or contract with any of Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s personnel (or ex-personnel), within twelve (12) months, to provide cleaning services without Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s express permission. If the Customer wishes to hire or use services provided by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s personnel (or ex-personnel) the Customer shall be liable for the payment to Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne of a referral fee, which will be as agreed between the parties.

12. Default and Consequences of Default

11.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
12.2 If the Customer owes Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne any money, the Customer shall indemnify Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne from and against all costs and disbursements incurred by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own Customer basis, Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s contract default fee, and bank dishonour fees).
12.3 Further to any other rights or remedies Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne may have under this contract, if a Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne has made payment to Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne, and the transaction is subsequently reversed, the Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne under this clause 12 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne ‘s obligations under this agreement.
12.4 Without prejudice to any other remedies Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne may suspend or cancel the provision of Services to the Customer. Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne will not be liable to the Customer for any loss or damage the Customer suffers because Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne has exercised its rights under this clause.
12.5 Without prejudice to Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s other remedies at law, Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne shall be entitled to cancel all, or any part, of any order of the Customer which remains unfulfilled, and all amounts owing to Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne becomes overdue, or in Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s opinion the Customer will be unable to make a payment when it falls due; or
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

13. Cancellation

13.1 Either party may cancel the contract by giving at least thirty (30) days prior written notice to the other party. Subject to this clause, both parties shall not be liable to other for any loss or damage whatsoever arising from such cancellation. The failure by the Customer to provide notice in accordance with this clause will result in the Customer being liable (in addition to any amounts owing to Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne under the contract) for the Price of any pre-scheduled visit (comprising the Services) up to the expiry of the required notice period.
13.2 Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne understands that the Customer may need to cancel a pre-scheduled visit from time to time. The Customer must ensure that it provides Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne at least twenty-four (24) hours advance notice of any cancellations. Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne will always endeavour to reschedule the visit at times to meet the Customer’s needs; however, if this is not possible, Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne may charge a cancellation fee equivalent to two (2) hours cleaning (inclusive of GST) to cover Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s administrative costs and loss. Furthermore, the Customer shall be liable for the full cost of the pre-scheduled visit, if the Customer cancels or changes the date/time with less than twenty-four (24) hours’ advance notice.

14. Privacy Act 1988

14.1 The Customer agrees for Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Customer in relation to credit provided by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne.
14.2 The Customer agrees that Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:
(a) to assess an application by the Customer; and
(b) to notify other credit providers of a default by the Customer; and
(c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and
(d) to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two (2) years.
14.3 The Customer consents to Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne being given a consumer credit report to collect overdue payment on commercial credit.
14.4 The Customer agrees that personal credit information provided may be used and retained by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne for the following purposes (and for other agreed purposes or required by):
(a) the provision of Services; and
(b) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Services; and
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and
(d) enabling the collection of amounts outstanding in relation to the Services.
14.5 Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne may give information about the Customer to a CRB for the following purposes:
(a) to obtain a consumer credit report; and
(b) allow the CRB to create or maintain a credit information file about the Customer including credit history.
14.6 The information given to the CRB may include:
(a) personal information as outlined in 14.1 above; and
(b) name of the credit provider and that Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne is a current credit provider to the Customer; and
(c) whether the credit provider is a licensee; and
(d) type of consumer credit; and
(e) details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested); and
(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts and Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments); and
(g) information that, in the opinion of Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne, the Customer has committed a serious credit infringement; and
(h) advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
14.7 The Customer shall have the right to request (by email) from Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne:
(a) a copy of the information about the Customer retained by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne and the right to request that Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne correct any incorrect information; and
(b) that Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne does not disclose any personal information about the Customer for the purpose of direct marketing.
14.8 Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne will destroy personal information upon the Customer’s request (by email) or if it is no longer required unless it is required in order to fulfil the obligations of the contract or is required to be maintained and/or stored in accordance with the law.
14.9 The Customer can make a privacy complaint by contacting Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne via email. Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Information Commissioner at www.oaic.gov.au.

15. Personal Property Securities Act 2009 (“PPSA”)

15.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
15.2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Products, and/or any monetary obligations of the Customer to Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne for Services, that have previously been provided (if any), and that will be provided in the future, by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne to the Customer.
15.3 The Customer undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne may reasonably require to:
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; or
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 15.2(a)(i) or 15.2(a)(ii);
(b) indemnify, and upon demand reimburse, Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any registration made thereby; and
(c) not register a financing change statement in respect of a security interest without the prior written consent of Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne; and
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the registration in favour of a third party without the prior written consent of Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne.
15.4 Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
15.5 The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
15.6 The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
15.7 Unless otherwise agreed to in writing by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
15.8 The Customer must unconditionally ratify any actions taken by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne under clauses 15.2 to 15.5.
15.9 Subject to any express provisions to the contrary (including those specified in this clause 15), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

16. Security and Charge

16.1 In consideration of Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne agreeing to provide the Services, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer, either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
16.2 The Customer indemnifies Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne from and against all Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s costs and disbursements including legal costs on a solicitor and own Customer basis incurred in exercising Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s rights under this clause.
16.3 The Customer irrevocably appoints Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne, and each director of Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne, as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 16 including, but not limited to, signing any document on the Customer’s behalf.

17. General

17.1 Nothing in the contract is intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 or the Fair Trading Act in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.
17.2 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
17.3 These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria, the State in which Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne has its principal place of business, and are subject to the jurisdiction of the courts in that State.
17.4 Subject to clause 17.1, shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne of these terms and conditions (alternatively Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne’s liability shall be limited to damages which under no circumstances shall exceed the Price).
17.5 Neither party shall assign or sub-contract all or any part of their rights and obligations under this agreement without the written consent of the other party.
17.6 The Customer agrees that Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne may amend these terms and conditions by notifying the Customer in writing. These changes shall be deemed to take effect from the date on which the Customer accepts such changes, or otherwise at such time as the Customer makes a further request for Nationwide Commercial Cleaning – Commercial and Office Cleaning Melbourne to provide Services to the Customer.
17.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
17.8 Both parties warrant that they have the power to enter into this agreement and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this agreement creates binding and valid legal obligations on them